USCIS Announces Adjustment to Premium Processing Fees
Are you unsure how the United States Citizenship and Immigration Services’ (USCIS) new premium processing fees could affect your immigration or naturalization petition? Let De Castroverde Law Group Criminal & Immigration demystify these changes for you. Our attorneys are ready to explain the updates and support you in managing your immigration case. We’ll provide clear advice and dedicated assistance to make this often-confusing process as smooth and simple as possible.
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What Is Premium Processing and How Does It Work?
Premium processing is a special service that speeds up the review of certain immigration forms. It is available to people who are applying for work permits, wanting to change their nonimmigrant status, or seeking employment authorization to make faster decisions. The forms that qualify for this expedited service include:
- Form I-129, Petition for a Nonimmigrant Worker
- Form I-140, Immigrant Petition for Alien Worker
- Form I-765, Application for Employment Authorization
- Form I-539, Application to Extend/Change Nonimmigrant Status
When you choose premium processing, you pay an extra fee to have USCIS act on your case within a certain number of times. Here are the time periods within which the USCIS will handle your case if you opt for premium processing:
- Most Cases:15 days
- F-1 Students Applying for OPT or STEM OPT:30 days
- I-539 Applicants Changing to Specific Nonimmigrant Statuses:30 days
- Certain Multinational Executives and Managers:45 days
- Those Seeking National Interest Waivers under Form I-140:45 days
With premium processing, the USCIS promises to take decisive action on your application within these time frames. This could mean approving, denying, sending a notice if they’re considering denial, requesting more evidence, or starting a fraud investigation. The promised processing time pauses if your case needs more information or a response to a possible denial. It resets when USCIS gets what it asked for. If USCIS doesn’t meet its deadline, it will refund the premium processing fee.
The clock starts ticking when the USCIS receives a completed and signed Form I-907, Request for Premium Processing Service, and the applicable filing fee. For I-539 applicants, the processing time doesn’t start until everyone involved has had their biometrics taken.
Inflation Adjustment of Processing Fees
Understanding the new premium processing fees is essential for anyone planning to use this expedited service for immigration or naturalization requests. The USCIS has significantly changed these fees, marking the first adjustment since 2016. USCIS moved to recover more of its operating costs and ensure faster processing times for new applications.
The updated fees are part of a broader effort by USCIS to stay financially sustainable while providing timely services. For most individual filers, the increase in fees will not exceed 26 percent, aligning with the rise in the Consumer Price Index since the last fee adjustment. This means that the cost of premium processing will reflect the economic inflation over the past eight years.
The adjustment in premium processing fees is effective from February 26, 2024. The fee for Form I-907, Request for Premium Processing, will rise across various categories.
Form I-129, Petition for a Nonimmigrant Worker
- Previous Fees: $1,500 for H-2B or R-1 nonimmigrant status and $2,500 for all other available Form I-129 classifications (E-1, E-2, E-3, H-1B, H-3, L-1A, L-1B, LZ, O-1, O-2, P-1, P-1S, P-2, P-2S, P-3, P-3S, Q-1, TN-1, and TN-2))
- New Fees:$1,685 for H-2B or R-1 nonimmigrant status and $2,805 for all other Form I-129 classifications (E-1, E-2, E-3, H-1B, H-3, L-1A, L-1B, LZ, O-1, O-2, P-1, P-1S, P-2, P-2S, P-3, P-3S, Q-1, TN-1, and TN-2))
Form I-140, Immigrant Petition for Alien Worker
- Previous Fee:$2,500 for employment-based (EB) classifications (E11, E12, E21 (non-NIW), E31, E32, EW3, E13 and E21 (NIW))
- New Fee:$2,805 for employment-based (EB) classifications (E11, E12, E21 (non-NIW), E31, E32, EW3, E13 and E21 (NIW))
Form I-765, Application for Employment Authorization
- Previous Fee:$1,500 for certain F-1 students with categories C03A, C03B, C03C
- New Fee:$1,685 for certain F-1 students with categories C03A, C03B, C03C
Form I-539, Application to Extend/Change Nonimmigrant Status
- Previous Fee:$1,750 for Form I-539 classifications (F-1, F-2, M-1, M-2, J-1, J-2, E-1, E-2, E-3, L-2, H-4, O-3, P-4, and R-2)
- New Fee:$1,965 for Form I-539 classifications (F-1, F-2, M-1, M-2, J-1, J-2, E-1, E-2, E-3, L-2, H-4, O-3, P-4, and R-2)
Filers must pay attention to these new fees and ensure they submit the correct amount when applying for premium processing. If USCIS receives a Form I-907 with the wrong fee on or after February 26, 2024, it will reject the form and return the fee. This means applicants must understand the latest fee structure and submit their applications accordingly to avoid delays in processing.
How an Immigration Attorney Can Help
Handling an immigration or naturalization petition is a challenging task that requires close attention to details and filing procedures. A knowledgeable immigration lawyer in Las Vegas can help you by:
- Reviewing your eligibility for different immigration statuses and consular processing
- Advising you on the most appropriate petition form for your situation
- Explaining how the updated premium processing fees could affect your specific case
- Determining the correct fee amounts for your application so you avoid delays or rejections
- Preparing and compiling all necessary documentation for your petition
- Completing and submitting forms accurately on your behalf
- Identifying potential issues in your case and addressing them proactively
- Representing you in communications with the USCIS
- Advocating for your interests during appeals or motions
- Complying with all deadlines and procedural requirements on your behalf
Learn More About USCIS Talk to a Las Vegas Immigration Lawyer Today
Ready to tackle your immigration or naturalization petition but unsure where to start? Do you still have questions about the new premium processing fees? Contact De Castroverde Law Group Criminal & Immigration today. We offer a free initial consultation to discuss your case and how we can help.