DHS Increases Premium Processing Fee Starting October 1

At a glance

Effective October 1, the Form I-907 premium processing fee will increase to $1,410, from $1,225.

The situation

The Department of Homeland Security (DHS) is increasing the Form I-907 premium processing fee to $1,410, from $1,225, according to a final rule published in the Federal Register. The fee increase is set to take effect on October 1, 2018. Applications postmarked on or after that date must include the new fee. 

Premium processing is available for certain employment-based immigration petitions filed on USCIS Forms I-129 and I-140, permitting employers who pay an extra fee to request adjudication – approval, denial or a request for further evidence – within 15 calendar days. According to DHS, the new $1,410 premium processing fee represents a 14.92 percent increase, the percentage change in inflation since the fee was last adjusted in 2010 from $1,000 to $1,225.

As a reminder, premium processing for FY 2019 H-1B cap petitions has been suspended until February 19, 2019, and will be suspended for certain other H-1B case types from September 11, 2018 to February 19, 2019.

What this means

Requesting expedited adjudication of an eligible employment-based petition will become more expensive starting October 1. Employers should take the premium processing fee increase into consideration when budgeting for immigration-related expenses. 

Further, the October 1 fee increase, combined with the September 11 suspension of premium processing for an array of non-cap-subject H-1B filings is likely to result in a surge in premium filings over the coming days. As a result, petitioners could see more Requests for Evidence (RFE) on premium processed petitions as USCIS works to manage its premium caseload. 

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.