USCIS has proposed an increase to premium processing fees, effective February 26, 2024.

I-129 petitions, including H-1B, L-1, O-1, and TN

• The fee will increase from $2500 to $2805

I-140 petitions, including EB-1, EB-2, and EB-3

• The fee will increase from $2500 to $2805

I-539 Applications for Student and Relevant Dependents, including F-1, F-2, J-1, and J-2

• The fee will increase from $1750 to $1965

I-765 Applications for F-1 OPT Work Authorization

• The fee will increase from $1500 to $1685

Notably, the announcement states that premium processing fees for I-539 applications may be extended to dependent applications, including, E-2, E-3, L-2, H-4, O-3, P-4, and R-2. USCIS does not currently offer premium processing service for these petition types. As of today, I-539 applications for H-4 or L-2 status filed together with a corresponding I-129 petition for H-1B or L-1 status are supposed to be adjudicated at the same time. This means concurrently filed dependent applications benefit from premium processing requests for H-1B or L-1 benefits.

USCIS has not indicated whether it may require separate premium processing fees for H-4 and L-2 applications in the future.

Meltzer Hellrung will continue to monitor developments around premium processing service and help its clients project fee expenses for 2024.