USCIS Increases I-140 Premium Processing Fee to $2,965 (Effective March 2026)

Key Takeaways

• I-140 premium processing fee increases from $2,805 to $2,965 effective March 1, 2026
• Premium processing guarantees 15 business day adjudication, but does NOT reduce visa bulletin wait times
• For most EB-3 applicants, premium processing provides limited practical value due to multi-year priority date waits
• Priority date is established when I-140 is filed, not when approved - faster approval doesn't move you up in line
• Premium processing may be useful for H-1B portability, current priority dates, or job security concerns

The U.S. Citizenship and Immigration Services (USCIS) has announced an increase in the premium processing fee for Form I-140, Immigrant Petition for Alien Workers. The new fee of $2,965 represents a $160 increase from the current $2,805 fee and will take effect on March 1, 2026.

What is I-140 Premium Processing?

Premium processing is an optional service that guarantees USCIS will process your I-140 petition within 15 business days. If they don't meet this deadline, they refund the premium processing fee (though the regular filing fee is not refunded).

The Reality for EB-3 Applicants: Is Premium Processing Worth It?

Here's what many immigration attorneys won't tell you upfront: for most EB-3 applicants, premium processing provides limited practical value.

Why? The Visa Bulletin Wait

Even if your I-140 is approved in 15 business days, you still cannot proceed to the final step (Adjustment of Status or Consular Processing) until your priority date becomes current on the Visa Bulletin. For EB-3 applicants from most countries, this wait can be:

• India: 10+ years
• China: 5-7 years
• Philippines: 3-4 years
• All other countries: Currently 2-3 years

Note: These timeframes are estimates based on current conditions and may change as USCIS processing times improve or the Visa Bulletin situation evolves.

When Premium Processing DOES Make Sense

Premium processing for I-140 may be worthwhile in specific situations:

• H-1B portability: If you're changing employers and need quick I-140 approval to port your H-1B
• Priority date is already current: If your priority date is current or will be current soon
• Employer requires it: Some employers have policies requiring premium processing
• Job security concerns: If you're worried about layoffs and want to lock in an approved I-140 quickly

What This Means for EB-3 Unskilled Applicants

For most EB-3 unskilled applicants, saving the $2,965 fee and using regular processing makes sense. Regular processing typically takes 6-12 months. Your priority date is established when the Labor Certification (PERM) is filed, not when the I-140 is filed or approved, so there's no advantage to faster approval in terms of your place in line.

Bottom Line

The I-140 premium processing fee increase is notable, but the more important question is whether you need it at all. For the vast majority of EB-3 applicants facing multi-year visa bulletin waits, the answer is no.

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Disclaimer: This article is for informational purposes only and does not constitute legal advice. We are not attorneys. For advice specific to your situation, please consult with a qualified immigration attorney.