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The U.S. Department of Homeland Security announced a final rule that will increase premium processing fees in order to adjust for inflation.
Effective March 1, 2026, the premium processing fee for the majority of eligible Form I-129 and Form I-140 petitions (e.g., H-1B, L-1, O-1, TN, E-3, EB-1, EB-2, EB-3) will increase from $2,805 to $2,965.
The premium processing fee will also increase from $1,965 to $2,075 for eligible Form I-539 applications (i.e., F-1, F-2, J-1, J-2, M-1 and M-2) and from $1,685 to $1,780 for eligible Form I-765 applications (i.e., OPT and STEM-OPT EADs) and Form I-129 H-2B and R-1 petitions.
Cases filed with a request for premium processing that are postmarked on or after March 1, 2026, must include the new fee.
If you have any questions or need additional information about this alert, please feel free to contact the HSF Kramer Immigration Group.
Partner, Head of Business Immigration, US, New York
Partner, Head of Business Immigration, US, New York
Partner, New York
Counsel, New York
Senior Associate, New York
Senior Associate, New York
Senior Associate, New York
Senior Associate, New York
The contents of this publication are for reference purposes only and may not be current as at the date of accessing this publication. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action based on this publication.
© Herbert Smith Freehills Kramer 2026
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