The USCIS final rule increasing the premium processing fee for Form I-129 and Form I-140 from USD $1,410.00 to $1,440.00 takes effect December 2, 2019. Applications postmarked on or after December 2, 2019, must include the new fee.
The premium processing fee will increase to $1,440 for Form I-129, Petition for a Nonimmigrant Worker, and Form I-140, Immigrant Petition for Alien Worker. This increase, which is done in accordance with the Immigration and Nationality Act, reflects the full amount of inflation from the implementation of the Premium Processing fee in June 2001, through August 2019, based on the Consumer Price Index for all Urban Consumers (CPI-U). USCIS last increased the fee in 2018.
Premium Processing is an optional service currently authorized for certain petitioners filing Forms I-129 or I-140. The system allows petitioners to request 15-day processing of these forms if they pay an extra fee. The premium processing fee is paid in addition to the base filing fee and any other applicable fees. It cannot be waived.
This change applies to the following nonimmigrant visa types: E-1, E-2, H-1B (transfers or extension of status), H-2B, L-1A, L-1B, O-1, O-2, and TN, among others. It also applies to certain types of the following immigrant visas: EB-1, EB-2, and EB-3.
See the USCIS website for a full list of eligible visa types.
The applicant must file a form I-907 along with the underlying application, and include the filing fee.
The 15 calendar day period will begin when USCIS properly receives the current version of Form I-907, Request for Premium Processing Service, at the correct filing address noted on the form. USCIS will issue an approval notice, a denial notice, a notice of intent to deny, a request for evidence or open an investigation for fraud or misrepresentation within the 15 calendar day period. If the petition or application requires the submission of additional evidence or a response to a notice of intent to deny, a new 15 calendar day period will begin upon receipt by USCIS of a complete response to the request for evidence or notice of intent to deny.
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This article is for informational purposes only, and does not constitute legal advice or create an attorney-client relationship. This article does not make any guarantees as to the outcome of a particular matter, as each matter has its own set of circumstances and must be evaluated individually by a licensed attorney.