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United States Mobility: Immigration alert
Effective 26 February 2024, fees will increase for Form I-907, Request for Premium Processing, filed with United States Citizenship and Immigration Services (“USCIS”). This is an elective fee collected in addition to the regular filing fee for certain visa classifications from persons seeking expedited processing of a filed case.
Background and analysis
The Immigration and Nationality Act (“INA”) endows the Department of Homeland Security (“DHS”) with the authority to make inflation-related adjustments to premium processing fees, on a biennial basis. DHS has now exercised this authority.
The INA identifies that in calculating adjustment, the percentage adjustment should be the difference between the Consumer Price Index for All Urban Consumers (CPI-U) for the month of June immediately preceding the adjustment’s effective date, compared to the Consumer Price Index for the month of June two years prior. This adjustment has resulted in the following fees, which must accompany any Form I-907 postmarked on or after 26 February:
|
Form |
|
New Filing Fee |
|
|---|---|---|---|
|
I-129, Petition for a Nonimmigrant Worker |
$1,500 (H-2B or R-1 nonimmigrant status) $2,500 (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)) |
$1,685 (H-2B or R-1 nonimmigrant status) $2,805 (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)) |
|
|
I-140, Immigrant Petition for Alien Worker |
$2,500 (Employment-based (EB) classifications E11, E12, E21 (non-NIW), E31, E32, EW3, E13 and E21 (NIW)) |
$2,805 (Employment-based (EB) classifications E11, E12, E21 (non-NIW), E31, E32, EW3, E13 and E21 (NIW)) |
|
|
I-539, Application to Extend/Change Nonimmigrant Status |
$1,750 (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) |
$1,965 (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) |
|
|
I-765, Application for Employment Authorization |
$1,500 (Certain F-1 students with categories C03A, C03B, C03C) |
$1,500 (Certain F-1 students with categories C03A, C03B, C03C) |
USCIS will reject premium processing requests postmarked (or as identified on the courier receipt) on or after 26 February with the incorrect filing fee and return that fee to the requester.
What this means
According to the USCIS, the agency will use the revenue generated by the higher fees to continue providing premium processing services; make improvements to adjudications processes; respond to adjudication demands, including reducing benefit request processing backlogs; and otherwise fund USCIS services.
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Summary
We will continue to monitor and review future developments. For additional information, or if you wish to discuss this further, please contact your EY Law LLP professional. Visit eylaw.ca.
The information shared through EY Law LLP Immigration Alerts is for information purposes only. It is not, and should not be taken as, legal advice.