US: DHS Final Rule Increasing the Premium Processing Fee

Sep 04, 2018

In Brief

United States Citizenship and Immigration Services ("USCIS") has announced that it will increase the premium processing fee for Form I-129, Petition for a Nonimmigrant Worker and Form I-140, Immigrant Petition for Alien Workers beginning on October 1, 2018. The premium processing fee will increase to $1,410, a 14.92% increase from the current fee of $1,225. This will impact nonimmigrant and immigrant cases filed with USCIS that are eligible for the premium processing service.

 

Discussion

On August 31, 2018, USCIS announced that it is increasing the Form I-907, Request for Premium Processing Service fee from $1,225 to $1,410 effective October 1, 2018 in accordance with a final rule published by the Department of Homeland Security (“DHS”). USCIS has stated that this fee increase is to assist USCIS in making the necessary investments in staff and technology to assist with the higher demand for immigration benefits. Any petitions requesting premium processing sent on or after October 1, 2018 must include the new fee.

This fee increase is expected to impact cases eligible for premium processing including H-1B, L-1A, L-1B, and TN cases, as well as EB-1 Extraordinary Ability, EB-1 Outstanding Professor/Researcher, and EB-2 and EB-3 categories based on an approved PERM labor certification application cases.

This increase will likely not have any immediate effect on certain H-1B petitions where there is currently an expansion and extension of the premium processing suspension, which begins on September 11, 2018 and is expected to continue until February 19, 2019. For more information on the H-1B premium processing suspension, please see our prior immigration alert found here.

 

Impact and Recommendations

Those eligible for the premium processing service may wish to file Form I-907, Request for Premium Processing Service prior to October 1, 2018 in order to take advantage of the lower fee.

For further details regarding this or any other immigration matter, please be sure to contact a member of our team at PwC Law LLP.

 

Contact us

Janet L. Bomza
Partner, National Practice Leader - Immigration, PwC Law LLP
Tel: +1 416 598 8849
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Melodie Molina
Partner, Canadian Immigration, PwC Law LLP
Tel: +1 416 598 8849
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Mark C. Dey
Partner, US Immigration, PwC Law LLP
Tel: +1 416 598 8849
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Monika Szabo
Partner, US Immigration, PwC Law LLP
Tel: +1 416 687 8580
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