USCIS Fee Increases in 2026: What Applicants Need to Know

Overview of Fee Changes

USCIS has announced a comprehensive fee schedule update effective April 1, 2026. The new fee structure reflects increases across most filing categories, with some fees rising by 15-50% compared to the previous schedule. These changes are part of USCIS's effort to fund its operations primarily through filing fees rather than congressional appropriations.

Below is a summary of the most relevant fee changes for employment-based and family-based immigration applicants.

Fee Comparison by Visa Category

Employment-Based Petitions

• Form I-140 (Immigrant Petition for Alien Workers): Increased from $700 to $820 for most filers
• Form I-129 (H-1B, L-1, O-1 petitions): Base fee increased from $460 to $780
• H-1B Registration Fee: Increased from $215 to $315 per registration
• Asylum Program Fee (H-1B and L-1 only): New $600 fee added to certain H-1B and L-1 petitions
• Form I-907 (Premium Processing): Varies by form type — I-140 premium processing is now $2,805; I-129 premium processing is $2,805

Adjustment of Status

• Form I-485 (Adjustment of Status): Increased from $1,140 to $1,440
• Form I-765 (Employment Authorization): Will be filed at no additional cost when filed concurrently with I-485 under the new fee rule
• Form I-131 (Advance Parole): Similarly included at no additional cost when filed with I-485

The bundling of I-765 and I-131 with I-485 is a positive change — previously, each form required a separate fee. For applicants filing adjustment of status, this may offset some of the overall increase.

Premium Processing Updates

Premium processing remains available for I-140 and I-129 petitions. The fee has been standardized at $2,805 for most petition types. USCIS has also expanded premium processing availability to certain previously ineligible categories, including some I-539 (change/extension of status) filings.

For EB-1A self-petitioners, premium processing continues to be a valuable option that provides a 15-business-day processing guarantee.

How to Budget for Your Immigration Case

When planning your immigration budget, consider not just the USCIS filing fees but the full cost of the process:

• Attorney fees for petition preparation and filing
• USCIS filing fees (as outlined above)
• Medical examination costs (I-693) — typically $200-400
• Document translation and authentication costs
• Premium processing fees (optional but recommended for time-sensitive cases)
• Consular processing fees if applicable (DS-260 visa fee: $325)

For a typical EB-1A case with premium processing, total costs including attorney fees and filing fees can range from $10,000 to $20,000. Planning ahead and understanding the full cost picture helps avoid surprises.

Effective Date and Transition Rules

The new fee schedule takes effect April 1, 2026. Petitions filed before this date will be processed under the old fee schedule, even if adjudicated after April 1. However, the petition must be properly filed (received by USCIS) before April 1 to qualify for the lower fees.

If you are planning to file an immigration petition in the near future, filing before April 1 could save several hundred dollars in fees. Contact our office to discuss whether accelerating your filing timeline makes sense for your case.

Sources & References

The following authorities govern USCIS filing fees and fee adjustments.

Statutory Authority

• INA § 286(m) — USCIS authority to establish and adjust filing fees
• Immigration and Nationality Act § 201-299 — General USCIS fee-setting authority
• Chief Financial Officers Act of 1990 (31 U.S.C. § 902(a)(8)) — Requirement for independent fee review

Regulatory Authority

• 8 CFR § 103.7 — USCIS fee schedule and fee waiver provisions
• 8 CFR § 106 — USCIS Premium Processing service
• 8 CFR § 103.2 — Filing requirements and fee payment

Key USCIS Guidance

• USCIS Fee Schedule Final Rule (effective April 1, 2026) — Comprehensive fee adjustments
• USCIS Policy Manual, Vol. 1, Part D — Fee waiver guidance

Form-Specific Fee References

• Form I-140 (Immigrant Petition for Alien Worker): 8 CFR § 103.7(b)(1)(i)(C)
• Form I-129 (Petition for Nonimmigrant Worker): 8 CFR § 103.7(b)(1)(i)(B)
• Form I-485 (Application to Register Permanent Residence): 8 CFR § 103.7(b)(1)(i)(U)
• Form I-907 (Premium Processing): 8 CFR § 106.4

Fee amounts reflect the USCIS fee schedule effective April 1, 2026. USCIS may update fees at any time through rulemaking. Always verify current fees at uscis.gov/feecalculator before filing.