USCIS Fee Increase 2026: What Changed and What You'll Pay Now

Immigration filing fees increased substantially in 2026. The changes went into effect in early 2026 and included across-the-board adjustments to base filing fees, a significant premium processing fee hike, and the expansion of the Asylum Program Fee surcharge. For EB-2 applicants — both employer-sponsored and NIW self-petitioners — the total cost of filing has increased meaningfully.

Here is what the current fee schedule looks like.

I-140 Filing Fees

The base filing fee for Form I-140 (Immigrant Petition for Alien Worker) is:

• Online filing: $665
• Paper filing: $715

These fees apply whether you are an employer filing on behalf of an employee (PERM-based) or a self-petitioner filing under the National Interest Waiver.

The Asylum Program Fee Surcharge

The 2026 fee rule introduced an additional mandatory surcharge on I-140 petitions called the Asylum Program Fee. This fee funds humanitarian programs within USCIS and is required in addition to the base filing fee.

This means a large employer filing an I-140 for an EB-2 employee faces a combined fee of $715 (paper) + $600 = $1,315 per petition before any premium processing.

An individual NIW self-petitioner faces $665 (online) + $300 = $965 per petition before premium processing.

Non-profits are exempt from the surcharge entirely, which is relevant for researchers at universities, hospitals, and similar institutions.

Premium Processing Fee Increase

Premium Processing fees increased to $2,965 effective March 1, 2026. This applies to Form I-907 for all I-140 petitions, including:

• Standard EB-2 PERM-based I-140 (guarantees action within 15 business days)
• EB-2 NIW self-petitioned I-140 (guarantees action within 45 business days)

This is a substantial increase from prior premium processing rates and is now by far the largest single line-item in an NIW filing budget.

I-485 Adjustment of Status Fees

Form I-485 (Adjustment of Status) currently carries a filing fee of $1,440. This fee includes:

• The I-485 application itself
• Biometrics (previously charged separately)
• Concurrent I-131 (Advance Parole) and I-765 (EAD) — both can now be filed as part of the I-485 package without separate fees for initial applicants

For an adult applicant adjusting status in the U.S., the $1,440 covers the core package.

Total Fees for Common EB-2 Scenarios

NIW self-petitioner (individual, online filing, with premium processing):

• I-140: $665
• Asylum Program Fee: $300
• Premium Processing (I-907): $2,965
• Total I-140 phase: ~$3,930
• I-485 (when priority date is current): $1,440
• Total end-to-end government fees: ~$5,370

Large employer sponsoring EB-2 PERM, with premium processing:

• I-140: $715 (paper)
• Asylum Program Fee: $600
• Premium Processing: $2,965
• Total I-140 phase: ~$4,280
• I-485 (paid by employee): $1,440
• Grand total for I-140 phase alone: ~$4,280

Note: PERM itself does not have a DOL filing fee, but it involves significant employer costs in recruitment (advertising, job board postings, attorney fees) and prevailing wage determination.

Fees That Did Not Change or Are Covered Elsewhere

The DS-260 (Immigrant Visa Application for consular processing) does not carry a USCIS filing fee but involves a separate Department of State immigrant visa fee of approximately $325 per applicant.

Medical examinations (Form I-693 for adjustment of status) are conducted by USCIS-approved civil surgeons and typically cost $300 to $600 depending on location and provider.

Attorney fees are separate from all government fees and vary widely. NIW self-petition attorneys typically charge $3,000 to $10,000 depending on the complexity of the case.

What This Means for Timing Your Filing

If you are considering filing an NIW petition, the 2026 fee structure means the upfront government cost of a premium-processed self-petition approaches $4,000 before any attorney involvement. For Indian and Chinese nationals who know they are not getting a green card for years regardless, this is a planning figure — but the priority date value of filing now is significant enough that most immigration advisors still recommend not delaying.

For employer-sponsored EB-2, the employer is legally required to pay 100% of the PERM costs, including all recruitment and attorney fees. Passing PERM-related costs to the employee is a regulatory violation. However, the employee typically pays their own I-485 fees once their priority date becomes current.

If you are self-petitioning under the NIW, the complete fee picture is part of the US EB-2 Employment-Based Green Card Guide — along with a timeline framework for deciding when to file, how to budget the process, and how premium processing affects your strategy.