The USCIS fee for “Premium Processing” (Form I-907) will be increasing by $30 to a new total of $1,440, effective December 2, 2019. This will affect the USCIS Forms I-129 and I-140, the two employment-based petitions eligible for Premium Processing.
Additionally, apart from the premium processing fee increase, USCIS plans to change premium processing procedures. Instead of the current adjudication time of 15 calendar days for USCIS to issue a response to filed petitions, USCIS has proposed to extend the Premium Processing adjudication time to 15 business days. Any federal holidays and weekends would not count against the 15 days in which USCIS must issue a response to a Premium Processing request. This proposed change in the Premium Processing timeline is part of a larger proposal to increase USCIS filing fees significantly, by “a weighted average increase of 21 percent.”
In addition to the fee increases, USCIS has proposed significant process changes to certain applications. For example, as a component to the proposed I-485 fee change (described as a “reduction”), USCIS is proposing to start charging separate fees for I-131 Advance Parole (AP) applications and I-765 Employment Authorization Document (EAD) applications that have, for the past decade, been part of the I-485 all-inclusive filing fee. As it is now, there are no additional fees charged for either of these applications when filed with the initial I-485 or while the I-485 is pending.
If the rule is finalized as proposed, this change will result in additional filing fees for individuals with pending I-485 on a phased in basis. Individuals who filed their I-485 applications between July 30, 2007 and the effective date of the change would continue to not submit separate filing fees for the ancillary travel and work authorizations. However, applications filed after the rule change effective date would pay separate filing fees for each EAD and AP application, on initial and renewal filings.
This proposed rule was published the Federal Register on November 14, 2019. Public comments regarding these proposed changes will be accepted until December 16, 2019. Until the rule is finalized and implemented, USCIS will continue to act on premium processed petitions within 15 calendar days. The proposed rule change can be found via this URL: https://www.uscis.gov/news/news-releases/uscis-proposes-adjust-fees-meet-operational-needs and comments on the proposed rule can be submitted via this URL: https://www.federalregister.gov/documents/2019/11/14/2019-24366/us-citizenship-and-immigration-services-fee-schedule-and-changes-to-certain-other-immigration.
The table below displays the most relevant proposed changes likely to affect the majority of Jackson & Hertogs’ clients. Please contact our office if there are any questions or concerns regarding proposed USCIS fee increases.
| Form No. | Form Title | Current Fee | Proposed Fee | Difference |
| I-129H1 (Proposed) | Petition for Nonimmigrant Worker: H-1 Classification | $460 | $560 | $100 |
| I-129L (Proposed) | Petition for Nonimmigrant Worker: L Classification | $460 | $815 | $355 |
| I-129O (Proposed) | Petition for Nonimmigrant Worker: O Classification | $460 | $715 | $255 |
