Which USCIS Forms Are Eligible for Premium Processing in 2026?
TL;DR: Premium processing is available for select I-129 petitions (H-1B, L-1, O-1, TN, E-3, H-2B, R-1), I-140 employment-based immigrant petitions, I-539 change/extension of status for F/J/M categories, and I-765 OPT/STEM OPT work authorization applications. Fees increase across the board effective March 1, 2026, following a required inflation adjustment.
Claim and evidence
DHS finalized a rule raising premium processing fees by 5.72%, based on Consumer Price Index inflation from June 2023 through June 2025 — the first increase since February 2024. All requests must be filed on Form I-907, and any I-907 postmarked on or after March 1, 2026 must use the new fee amounts or be rejected.
Premium processing fees, effective March 1, 2026
| Form / category | Old fee | New fee (March 1, 2026) |
|---|---|---|
| I-129 for H-2B and R-1 classifications | $1,685 | $1,780 |
| I-129 for H-1B, L-1, O-1, TN, E-3, and other eligible classifications | $2,805 | $2,965 |
| I-140 employment-based immigrant petitions | $2,805 | $2,965 |
| I-539 extension/change of status (F, J, M categories) | $1,965 | $2,075 |
| I-765 employment authorization (OPT and STEM OPT categories) | $1,685 | $1,780 |
The increase is expected to generate roughly $77 million a year for USCIS, which the agency says will support adjudications, address processing backlogs, and maintain service-time guarantees.
Step-by-step: requesting premium processing
- Confirm your form and category are premium-eligible — not every classification within I-129 or every benefit type qualifies, so check the current list at uscis.gov before filing.
- File Form I-907 with the correct new fee. As of March 1, 2026, incorrect fee amounts result in rejection, not a request for the difference.
- File I-907 together with or after your underlying petition, depending on whether it's an initial filing or an upgrade of a pending case.
- Track the service-time clock, which typically starts when USCIS receives a properly filed I-907, not when the underlying petition was originally submitted.
- Respond immediately to any RFE issued during the premium period — an RFE can pause the countdown until USCIS receives your response.
FAQ
Does premium processing guarantee approval? No. It guarantees a decision (approval, denial, or RFE) within the service time, typically 15 calendar days for most categories, not a favorable outcome.
Can I upgrade a pending petition to premium processing later? Yes, in most cases you can file Form I-907 after your underlying petition is already pending, as long as the classification remains premium-eligible.
Are H-1B1 or E-2 petitions eligible for premium processing? No. H-1B1 (Chile/Singapore) is generally processed through direct consular application rather than USCIS petition, and it — along with some other categories — is not on the premium-eligible list.
Why did the fee go up in 2026? Federal law requires DHS to adjust premium processing fees periodically for inflation; the March 2026 increase reflects CPI-U inflation from June 2023 to June 2025.
Sources: DHS/Federal Register premium processing fee adjustment rule (published January 12, 2026); USCIS Form I-907 guidance.
By Pinal Dave Last updated: 2026-08-03