Adjustment to Premium Processing Fees Takes Effect

Updated: Mar 26, 2024 | Tags: Processing Fee Adjustment, Premium Processing

U.S. Citizenship and Immigration Services (USCIS) offers Premium Processing as an expedited service for certain visa and immigration applications. This optional service guarantees faster processing times in exchange for an additional fee.  

As of today, these fees have increased. This change will likely influence the decisions of international individuals seeking visas or immigration status changes.

It's essential for potential applicants to understand the benefits of Premium Processing and weigh them against the updated costs. 

This will help applicants decide if the faster turnaround time justifies the additional expense.  Additionally, knowing what options may be available for those who can't afford the higher fees is crucial.

The USCIS Announcement

The USCIS has made a formal statement announcing adjustments to Premium Processing fees. This change takes effect today, February 26, 2024. The final rule detailing this fee increase was published on December 28, 2023.

The official announcement emphasizes that the purpose of the fee adjustment is to maintain the Premium Processing service while also responding to rising operational costs. USCIS explains that funds acquired through the premium fees support improvements to adjudication processes.

The intention is to streamline systems and potentially lessen the backlog of immigration benefit requests. Additionally, the revenue provides resources to enhance USCIS's adjudication and naturalization services overall.

Why the Fee Increase

The USCIS Stabilization Act is the legislative basis for the Premium Processing fee increase.  Here's why this matters:

Mandated Adjustments

The law requires the USCIS to update Premium Processing fees biennially (every two years). These adjustments are not arbitrary. The USCIS Stabilization Act provides a clear framework for fee increases. 

This legislation ensures that Premium Processing remains a viable option for those needing faster adjudication. As costs related to staffing, technology, and general operations rise, fees must be adjusted to maintain the quality of expedited visa and immigration services.  

Furthermore, the USCIS emphasizes that these fee increases ultimately help fund a better, more streamlined system for all applicants.

Inflation Factor

Fee adjustments are specifically designed to keep pace with the rising cost of living. The Consumer Price Index for All Urban Consumers (CPI-U) is the inflation measure used in these calculations.

What is the CPI-U? The CPI-U tracks price changes for a broad range of goods and services purchased by urban consumers. It's a widely used economic indicator, reflecting changes in purchasing power over time.

Why it matters: By tying Premium Processing fees to the CPI-U, the USCIS ensures its revenue aligns with the rising operational costs of providing these expedited services.

This adjustment helps maintain the same level of service despite general economic inflation.

Funding USCIS Operations

The USCIS explains that revenue from these fee increases is used to improve the overall immigration adjudication process, streamline operations, and reduce backlogs across a variety of benefit requests.  

Specifically, Premium Processing fees help to fund the hiring of additional staff, investment in technology upgrades, and other measures designed to enhance the efficiency and responsiveness of the USCIS system. 

These changes are intended to benefit not only those using Premium Processing but also individuals and organizations relying on standard immigration processing channels.

New Fee Structure

Premium Processing fees have undergone significant increases across multiple visa and immigration categories.  The most common form types and their new associated fees are as follows:

  • Form I-129 (most nonimmigrant worker petitions): The fee has increased from $2,500 to $2,805.

  • Form I-129 (H-2B or R-1 classifications): Increased from $1,500 to $1,685.

  • Form I-140 (immigrant worker petitions): Also increased from $2,500 to $2,805.

  • Form I-539 (change of status to F, J, or M nonimmigrant status): This fee has increased from $1,750 to $1,965.

It's important to note that other forms may also have associated fee increases. Applicants should check the official USCIS website for the most current fee information specific to their needs.

How This Impacts Applicants

The increased cost of Premium Processing will force applicants to make careful strategic decisions. Here's what visa and immigration applicants need to consider:

Cost-Benefit Analysis

Individuals and businesses will need to weigh the higher cost of Premium Processing against the potential benefits of faster adjudication times. The additional expense may simply not fit some budgets, especially for individuals or smaller organizations. Factors to consider include:

  • The financial impact of delay: What are the potential financial costs of waiting for a visa or immigration decision under standard processing timelines? Could delays lead to lost income, missed opportunities, or penalties?

  • Value of peace of mind: For some, the reduced stress and certainty associated with a guaranteed 15-day processing window may be worth the premium fees.

Urgency and Need

Those with truly urgent situations, such as impending employment start dates or critical travel needs, may still find Premium Processing a worthwhile investment despite the new fees.  

For example, workers whose visas are about to expire, necessitating rapid processing to stay legally employed in the U.S., would likely prioritize the faster turnaround time offered by  Premium Processing. 

Similarly, individuals with urgent medical or family reasons for needing expedited immigration status may consider the added fee is a necessity, not a luxury.  

Ultimately, the decision rests on balancing the urgency of a person's situation against the higher cost of the service.

Potential for Further Delays

If significant numbers of applicants decide against Premium Processing due to the cost, overall USCIS processing times could lengthen even further. This ripple effect could impact standard processing timelines for everyone.  

The way the system works is that USCIS uses revenue from Premium Processing fees to help fund staffing and operations across the agency.  

Reduced revenue could lead to slower hiring, fewer resources allocated to standard processing, and a general increase in backlogs impacting applicants across the board.

Staying Informed

It's vital for applicants to check the USCIS website frequently for updates on processing times and any additional fee adjustments that may be planned.  The immigration landscape can change, so having the most up-to-date official information is essential for making the right choices. 

Along with fee changes, applicants should monitor processing time estimates provided by USCIS. These fluctuate, and being aware of current trends allows individuals and businesses to plan accordingly, whether they opt for Premium Processing or not.

Applicants may also wish to consider subscribing to USCIS updates or news alerts for timely notifications.

What to Do If You're Applying Soon

If you plan to apply for a U.S. visa or immigration status change in the near future, it's important to act strategically in light of the fee increase. Here's what to keep in mind:

The Fee Change Deadline 

Any application submitted for Premium Processing that is postmarked on or after February 26, 2024, will be subject to the new, higher fees. Plan accordingly to avoid unexpected costs if your timeline is tight.  

Be aware that the postmark date matters, not the date you begin filling in the forms. For filings sent through commercial services like FedEx or UPS, the date the courier service timestamps your package serves as the official postmark date.  

If you're even slightly unsure if you'll meet the deadline, it's wiser to pay the previous, lower premium fee than risk having your application rejected.

Verify with USCIS

The USCIS website (https://www.uscis.gov/) is the most reliable source for up-to-date information. Double-check filing fees, forms, and any specific instructions related to your application before submitting.  

The USCIS sometimes modifies forms, revises requirements, or changes specific application procedures. It's crucial to have the most current official guidance to avoid inadvertent errors that could delay the processing of your petition or request.

Consider Alternatives 

If Premium Processing fees now seem prohibitive, carefully research what the estimated standard processing times are for your chosen visa or immigration petition. This may help you determine if it's feasible to avoid the extra cost of expedited service. 

The USCIS website often provides processing time estimates based on form type and current workload. Be aware that these are just estimates and can fluctuate. 

It may be helpful to consult with an immigration attorney or advisor for an expert assessment of your situation and the likelihood of longer wait times.

Plan Ahead

The immigration process can be complex and time-consuming. Giving yourself ample lead time, even if you don't opt for Premium Processing, is always a wise strategy.  Start gathering necessary documents as early as possible. 

Consult with an immigration attorney if your situation is complicated.  Check the USCIS website for details about the specific requirements of your application.

Being well-prepared, regardless of whether you choose expedited processing, will help reduce stress and minimize the potential for unexpected delays.

Conclusion

Premium Processing fees for U.S. visas and immigration petitions have increased as of today, February 26, 2024.  This change will have a ripple effect, impacting decision-making for applicants and potentially influencing overall USCIS case processing timelines.  

Understanding the reasons for the fee change, the new fee structure, and how to stay updated on processing times is essential.

For the official USCIS announcement on this change, please visit: [https://www.uscis.gov/newsroom/alerts/reminder-adjustment-to-premium-processing-fees-takes-effect-today]. 

Applicants should carefully consider their specific circumstances and consult the USCIS website for the most current information before submitting any applications or requests.