[Federal Register Volume 91, Number 7 (Monday, January 12, 2026)]
[Rules and Regulations]
[Pages 1059-1072]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-00321]
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DEPARTMENT OF HOMELAND SECURITY
8 CFR Part 106
[CIS No. 2830-25]
Adjustment to Premium Processing Fees
AGENCY: U.S. Citizenship and Immigration Services, DHS.
ACTION: Final rule.
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SUMMARY: The Department of Homeland Security (DHS) is increasing
premium processing fees charged by U.S. Citizenship and Immigration
Services (USCIS) to reflect the amount of inflation from June 2023
through June 2025 according to the Consumer Price Index for All Urban
Consumers.
DATES:
Effective date: This rule is effective on March 1, 2026.
Compliance date: Requests for premium processing postmarked on or
after March 1, 2026, must include the new fee.
FOR FURTHER INFORMATION CONTACT: Office of Chief Financial Officer,
U.S. Citizenship and Immigration Services, Department of Homeland
Security, 5900 Capital Gateway Drive, Camp Springs, MD 20746; telephone
240-721-3000 (this is not a toll-free number). Individuals with hearing
or speech impairments may access the telephone number above via TTY by
calling the toll-free Telecommunications Relay Service at 711.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
BLS--U.S. Bureau of Labor Statistics
CFR--Code of Federal Regulations
CPI--Consumer Price Index
CPI-U--Consumer Price Index for All Urban Consumers
CRA--Congressional Review Act
DHS--Department of Homeland Security
E.O.--Executive Order
FY--Fiscal Year
INA--Immigration and Nationality Act
NEPA--National Environmental Protection Act
NIW--National Interest Waiver
SBREFA--Small Business Regulatory Enforcement Fairness Act of 1996
USCIS--U.S. Citizenship and Immigration Services
I. Background and Authority
Section 286(u) of the Immigration and Nationality Act (INA), 8
U.S.C. 1356(u) provides the Secretary with specific authority to
establish and collect a premium fee for the premium processing of
certain immigration benefit types.\1\ Premium processing means that DHS
collects a fee in addition to the regular filing fee from persons or
entities seeking expedited processing of eligible immigration benefit
requests.\2\
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\1\ ``Premium fees'' and ``premium processing fees'' are used
interchangeably throughout this rule.
\2\ See 8 CFR 1.2 for the definition of ``Benefit request''; see
8 CFR 106.4 for those immigration benefit requests currently
eligible for premium processing.
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In 2000, Congress added new section 286(u) to the INA, 8 U.S.C.
1356(u), to permit the former Immigration and Naturalization Service to
designate certain employment-based immigration benefit requests for
premium processing subject to an additional fee.\3\ In 2001, the former
Immigration and Naturalization Service, pursuant to its authority under
sections 103(a) and 286(u) of the INA, 8 U.S.C. 1103(a) and 1356(u),
promulgated a regulation that established the rules for the new premium
processing service. See Establishing Premium Processing Service for
Employment-Based Petitions
[[Page 1060]]
and Applications, 66 FR 29682 (June 1, 2001).
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\3\ District of Columbia Appropriations Act of 2001, Public Law
106-553, App. B, tit. I, sec. 112, 114 Stat. 2762, 2762A-68 (Dec.
21, 2000).
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On October 1, 2020, the Continuing Appropriations Act, which
included the Emergency Stopgap USCIS Stabilization Act (USCIS
Stabilization Act), set new fees for premium processing of immigration
benefit requests that had been designated for premium processing as of
August 1, 2020, and expanded DHS authority to establish and collect new
premium processing fees, and to use those additional funds for expanded
purposes. See Emergency Stopgap USCIS Stabilization Act, Public Law
116-159, sec. 4102 (Oct. 1, 2020); see also INA sec. 286(u), 8 U.S.C.
1356(u).
On October 16, 2020, USCIS announced it would increase the fees for
premium processing, as required by the USCIS Stabilization Act,
effective October 19, 2020.\4\ As of that date, the fee for Form I-907,
Request for Premium Processing Service, increased from $1,440 to $2,500
for all immigration benefit requests that were designated for premium
processing as of August 1, 2020, with the exception of the premium
processing fee for petitioners filing Form I-129, Petition for a
Nonimmigrant Worker, requesting H-2B or R-1 nonimmigrant status, which
increased from $1,440 to $1,500.
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\4\ See USCIS, Premium Processing Fee Increase Effective Oct.
19, 2020, https://www.uscis.gov/news/premium-processing-fee-increase-effective-oct-19-2020 (last visited July 11, 2025).
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Effective May 31, 2022, DHS amended its premium processing
regulations to codify the fees set by the USCIS Stabilization Act and
establish new fees and processing timeframes consistent with the
conditions and eligibility requirements set forth by section 4102(b)(1)
of the USCIS Stabilization Act. See Implementation of the Emergency
Stopgap USCIS Stabilization Act (USCIS Stabilization Rule), 87 FR 18227
(Mar. 30, 2022); see also 8 CFR 106.4.
The USCIS Stabilization Act also provided DHS with the authority to
make a biennial inflationary based adjustment to USCIS premium
processing fees. See INA sec. 286(u)(3)(C), 8 U.S.C. 1356(u)(3)(C). The
first inflationary adjustment occurred when DHS published a final rule
on December 23, 2023, to increase USCIS premium processing fees by the
amount of inflation from June 2021 through June 2023 according to the
Consumer Price Index for All Urban Consumers (CPI-U). See 88 FR 89539.
The rule increased premium processing fees from $1,500 to $1,685,
$1,750 to $1,965, and $2,500 to $2,805. USCIS announced the fee
increases on its website on Dec. 27, 2023.\5\ The new fees went into
effect on February 26, 2024.
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\5\ USCIS, USCIS Announces Inflation Adjustment to Premium
Processing Fees, https://www.uscis.gov/newsroom/alerts/uscis-announces-inflation-adjustment-to-premium-processing-fees (Dec. 27,
2023).
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DHS is now increasing its premium processing fees based on the rate
of inflation from June 2023 through June 2025, consistent with its
statutory authority. See INA sec. 286(u)(3)(C), 8 U.S.C. 1356(u)(3)(C).
DHS sets this inflationary adjustment to the premium processing fees to
be effective on March 1, 2026, ensuring that the inflationary
adjustment occurs on a biennial basis as set forth by Congress in the
USCIS Stabilization Act. See INA sec. 286(u)(3)(C), 8 U.S.C.
1356(u)(3)(C).\6\
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\6\ The last CPI-U adjustment to the premium processing fees
took effect on February 26, 2024. See 88 FR 89539. Two years from
that date (accounting for the weekend) is March 1, 2026.
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II. Basis for Adjustment
DHS may adjust the premium processing fees on a biennial basis by
the percentage by which the CPI-U for the month of June preceding the
date on which such adjustment takes effect exceeds the CPI-U for the
same month of the second preceding calendar year. See INA sec.
286(u)(3)(C), 8 U.S.C. 1356(u)(3)(C); see also 8 CFR 106.4(d).
The USCIS Stabilization Act established a baseline for premium
processing fees and provided the authority for DHS to adjust the
premium fees on a biennial basis. DHS's most recent inflationary
increase to premium processing fees became effective February 26, 2024.
See 88 FR 89539. DHS is now increasing the statutory premium fees using
inflation for the most recent two-year period, as authorized and
provided by section 286(u)(3)(C) of the INA, 8 U.S.C. 1356(u)(3)(C).
This rule is effective on March 1, 2026; therefore, ``the month of June
preceding the date on which such adjustment takes effect'' is June
2025. As such, June 2023 is ``the same month of the second preceding
calendar year,'' because it is two years before the June ``on which
such adjustment takes effect.'' Therefore, DHS is using the CPI-U as of
June 2025 as the end point, and June 2023 as the starting point for the
period of inflation to establish the new premium processing fees. In
June 2023 the CPI-U was 305.109 and in June 2025 it was 322.561.\7\
Therefore, between June 2023 and June 2025, the CPI-U increased by 5.72
percent.\8\ When this percentage increase is applied to the current
premium processing fees, the premium processing fees that were $1,685,
increase to $1,780; the premium processing fees that were $1,965,
increase to $2,075; and the premium processing fees that were $2,805,
increase to $2,965.\9\ See new 8 CFR 106.4(c).
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\7\ The latest CPI-U data is available at https://data.bls.gov/toppicks?survey=bls (last visited 7/15/2025). Select CPI-U 1982-84 =
100 (Unadjusted)--CUUR0000SA0 and click the Retrieve data button.
\8\ DHS calculated this by subtracting the June 2023 CPI-U
(305.109) from the June 2025 CPI-U (322.561), then dividing the
result (17.452) by the June 2023 CPI-U (305.109). Calculation:
(322.561-305.109)/305.109 = .0572 x 100 = 5.72 percent.
\9\ DHS generally rounds USCIS fees that it establishes by
rulemaking to the nearest $5 increment. See e.g., 89 FR 6194, 6212
(Jan. 31, 2024).
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A request for premium processing postmarked on or after March 1,
2026, must include the new fee, as applicable to the benefit request
classification. A premium processing request must be submitted on USCIS
Form I-907, Request for Premium Processing, and in the manner
prescribed by USCIS in the form instructions. If the request for
premium processing is submitted together with the underlying
immigration benefit request, all required fees in the correct amount
must be paid. The fee to request premium processing service may not be
waived and must be paid in addition to, and in a separate remittance
from, other filing fees. See 8 CFR 106.4(b).
DHS is adjusting current premium processing fees to ensure that the
premium processing fees keep pace with inflation as contemplated by
Congress in the USCIS Stabilization Act. It is DHS's intention that
premium processing fees will be adjusted biennially to consistently
protect the real dollar value of the premium processing service that
USCIS provides. When making an inflationary adjustment to the premium
processing fees provided by INA sec. 286(u)(3)(C), 8 U.S.C.
1356(u)(3)(C), the adjustment is limited to the percentage by which the
CPI-U for the month of June preceding the date on which such adjustment
takes effect exceeds the CPI-U for the same month of the second
preceding calendar year. By consistently adjusting premium processing
fees biennially, the fees will more effectively keep up with the
increasing USCIS costs of processing than is accomplished by adjusting
them less often.
DHS will use the revenue generated by the premium processing fee
increase to provide premium processing services; make improvements to
adjudications processes; respond to adjudication demands, including
processing
[[Page 1061]]
backlogs; and otherwise fund USCIS adjudication and naturalization
services.
III. Statutory and Regulatory Requirements
A. Administrative Procedure Act
The Administrative Procedure Act generally requires agencies to
issue a proposed rule before issuing a final rule, subject to certain
exceptions. See 5 U.S.C. 553(b). Section 286(u)(3)(C) of the INA, 8
U.S.C. 1356 (u)(3)(C), exempts DHS from the requirements of 5 U.S.C.
553. Section 286(u)(3)(C) of the INA, 8 U.S.C. 1356(u)(3)(C),
specifically provides that ``the provisions of section 553 of Title 5
shall not apply to an adjustment authorized under [section 286(u)(3)(C)
of the INA, 8 U.S.C. 1356(u)(3)(C)].'' Therefore, DHS is not required
to issue a proposed rule when adjusting premium fees under section
286(u)(3)(C) of the INA, 8 U.S.C. 1356 (u)(3)(C).
The regulations at 8 CFR 106.4(d) provide that fees to request
premium processing service may be adjusted by notice in the Federal
Register. However, the Federal Register Act (44 U.S.C. 1510) and its
implementing regulations (1 CFR part 21) provide that publishing a
Notice document in the Federal Register announcing a new fee amount,
without amending the regulations, does not effectuate a change of the
Code of Federal Regulations (CFR). Because current premium processing
fees are codified in the CFR, it is necessary for DHS to publish this
rule to amend the regulatory text.
B. Executive Order 12866 (Regulatory Planning and Review), Executive
Order 13563 (Improving Regulation and Regulatory Review), and Executive
Order 14192 (Unleashing Prosperity Through Deregulation)
Executive Orders 12866 (Regulatory Planning and Review) and 13563
(Improving Regulation and Regulatory Review) direct agencies to assess
the costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13563 emphasizes the importance of
quantifying costs and benefits, reducing costs, harmonizing rules, and
promoting flexibility. Executive Order 14192 (Unleashing Prosperity
Through Deregulation) directs agencies to significantly reduce the
private expenditures required to comply with Federal regulations and
provides that ``any new incremental costs associated with the new
regulations shall, to the extent permitted by law, be offset by the
elimination of existing costs associated with at least 10 prior
regulations.''
The Office of Management and Budget (OMB) has not designated this
rule a ``significant regulatory action,'' under section 3(f) of
Executive Order 12866. Accordingly, OMB has not reviewed it.
This rule is not an Executive Order 14192 (see 5(a)) regulatory
action because it is not significant under Executive Order 12866 and is
being issued with respect to an immigration-related function of the
United States. The rule's primary direct purpose is to implement or
interpret the immigration laws of the United States (as described in
INA sec. 101(a)(17), 8 U.S.C. 1101(a)(17)) or any other function
performed by the U.S. Federal Government with respect to aliens. See
OMB Memorandum M-25-20, ``Guidance Implementing Section 3 of Executive
Order 14192, titled ``Unleashing Prosperity Through Deregulation''
(Mar. 26, 2025).
DHS estimates an additional annual transfer to DHS of $77,119,780
(undiscounted) in revenue to be collected from fee-paying applicants
and petitioners (public), due to the increase in premium processing
fees subject to an adjustment for inflation (Table 1).\10\
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\10\ Additional revenue collected calculation: $50,132,815 +
$21,701,760 + $513,260 + $4,771,945 = $77,119,780 for forms I-129,
I-140, I-539 and I-765, respectively.
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BILLING CODE 9111-97-P
[[Page 1062]]
[GRAPHIC] [TIFF OMITTED] TR12JA26.008
In addition to the impacts summarized above, Table 1a. below
presents the prepared accounting statement showing the costs and
benefits to each individual affected by this final rule.\11\
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\11\ White House, OMB, Circular A-4 (April 6, 2023), available
at https://www.whitehouse.gov/wp-content/uploads/2023/11/CircularA-4.pdf (last viewed Aug 14, 2025). OMB, Circular A-4, ``Regulatory
Analysis,'' p. 93 (Nov. 9, 2023), https://trumpwhitehouse.archives.gov/sites/whitehouse.gov/files/omb/circulars/A4/a-4.pdf.
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[[Page 1063]]
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[[Page 1064]]
1. Form I-907, Request for Premium Processing Services Filed for Forms
I-129 and I-140
Table 2 shows the estimated total receipts received and refunds
issued by USCIS for Form I-907, Request for Premium Processing Service,
filed for Forms I-129 and I-140 petitions, from fiscal year (FY) 2020
through FY 2024. Based on a 5-year annual average, DHS estimates the
annual receipts for Forms I-907 to be 419,161 for the biennial period
after this rule takes effect. In addition, based on the 5-year average,
the annual number of refunds issued for Form I-907 is estimated to be
355.\12\
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\12\ USCIS presents data on refunds issued by USCIS because DHS
regulations require USCIS to take certain adjudicative action for
premium processing requests within 15, 30 or 45 days, depending on
the underlying benefit request type, or refund the premium
processing fee. See 8 CFR 106.4(e) and (f). The required period
generally begins when USCIS properly receives the correct version of
Form I-907, Request for Premium Processing Service, with fee, at the
correct filing address or the date that all prerequisites for
adjudication, the form prescribed by USCIS, and fee(s) are received
by USCIS. Within the required period, USCIS must issue either an
approval notice, denial notice, notice of intent to deny, or request
for evidence, or open an investigation for fraud or
misrepresentation. Otherwise, USCIS must refund the premium
processing fee.
[GRAPHIC] [TIFF OMITTED] TR12JA26.010
2. Form I-129, Petition for a Nonimmigrant Worker, Transfer Payments
Currently, petitioners requesting certain benefits on Form I-129,
Petition for a Nonimmigrant Worker, are eligible to also submit a
request for premium processing with their immigration benefit request
or while the immigration benefit request is pending with USCIS. Table 3
shows the population of petitioners who submitted Form I-907 for Form
I-129 based on the corresponding nonimmigrant classifications from FY
2020 through FY 2024.
Based on a 5-year annual average, DHS estimates the annual receipts
from Form I-907 filed for Form I-129 H-2B or R-1 classifications to be
13,649. Based on a 5-year annual average, DHS estimates the annual
receipts for Form I-907 associated with Forms I-129 to be 318,874, and
assumes this annual number for the biennial period after the rule takes
effect.
[[Page 1065]]
[GRAPHIC] [TIFF OMITTED] TR12JA26.011
BILLING CODE 9111-97-C
This rule increases the premium processing fees for Forms I-907
filed for Form I-129 benefit requests. The premium processing fee for
Forms I-907 requesting H-2B or R-1 nonimmigrant classification will
increase from $1,685 to $1,780, an increase of $95, which is the result
of a 5.72 percent increase in the CPI-U from June 2023 to June
2025.\13\ The premium processing fee for all other eligible Form I-129
classifications (E-1, E-2, E-3, H-1B, H-3, L-1A, L-1B, LZ, O-1, O-2, P-
1, P-1S, P-2, P-2S, P-3, P-3S, Q-1, TN-1, and TN-2) will increase from
$2,805 to $2,965, an increase of $160. Because the premium processing
fee for H-2B and R-1 benefit requests will increase by a different
amount than for all other Form I-129 classifications, the data for
Forms I-129 requesting H-2B or R-1 classification was separated from
the data for all other classifications.
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\13\ The latest CPI-U data is available at https://data.bls.gov/toppicks?survey=bls (last visited July 15, 2025). Select CPI-U 1982-
84 = 100 (Unadjusted)--CUUR0000SA0 and click the Retrieve data
button. DHS calculated this by subtracting the June 2023 CPI-U
(305.109) from the June 2025 CPI-U (322.561), then dividing the
result (17.452) by the June 2023 CPI-U (305.109). Calculation:
(322.561-305.109)/305.109 = .0572 x 100 = 5.72 percent.
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Based on a 5-year annual average, DHS estimates an additional
$1,296,655 annually in transfer payments will be collected from these
new, higher premium processing fees for Forms I-129 requesting H-2B or
R-1 classification.\14\ DHS estimates it will collect an additional
$48,836,160 annually in transfer payments to DHS from premium
processing requestors filing Form I-129 for all other eligible
nonimmigrant classifications, based on a 5-year annual average.\15\
Accordingly, DHS estimates the total increase in transfer payments from
the Form I-129 fee-paying population to DHS will be $50,132,815 (Table
4) annually.
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\14\ Calculation: 13,649 annual Form I-129 petitions for H-2B or
R-1 classification x $95 ($1,780 fee-$1,685 fee) = $1,296,655.
\15\ Calculation: 305,226 annual Form I-129 petitions for
classifications other than H-2B and R-1 x $160 ($2,965 fee-$2,805
fee) = $48,836,160.
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[[Page 1066]]
[GRAPHIC] [TIFF OMITTED] TR12JA26.012
3. Form I-140, Immigrant Petition for Alien Worker, Transfer Payments
The estimated population of petitioners who submitted Form I-907,
Request for Premium Processing Service, for Form I-140, Immigrant
Petition for Alien Workers, based on the corresponding employment-based
(EB) classifications that are currently designated for premium
processing is 100,286 (Table 2) per year. The fee for all Form I-140
petitioners requesting premium processing will increase from $2,805 to
$2,965, an increase of $160 based on the 5.72 percent increase in the
CPI-U from June 2023 to June 2025.\16\ Using the historical 5-year
annual average from FY 2020 through FY 2024, DHS estimates that as a
result of the increase in filing fees for premium processing the
additional annual transfer payments from the Form I-140 fee-paying
population that request premium processing to DHS will be $16,045,760
(Table 5).
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\16\ See supra FN 8.
[GRAPHIC] [TIFF OMITTED] TR12JA26.013
Additionally, as of January 30, 2023, Form I-140 petitions under an
E13 multinational executive and manager classification and petitions
under an E21 national interest waiver (NIW) classification are eligible
to request premium processing. Table 6 shows the E13 multinational
executive and manager classification and E21 (NIW) classification
populations. Based on FY 2024 data (excluding the partial FY 2023
totals), DHS estimates the annual average receipts of Form I-140, E13
and Form I-140, E21 (NIW) to be 79,119 (Table 6).
[[Page 1067]]
[GRAPHIC] [TIFF OMITTED] TR12JA26.014
Since Forms I-140 for E13 and E21 (NIW) classification have only
been recently eligible to request premium processing, DHS estimates the
percentage of petitioners who will request E13 or E21 (NIW)
classification based on FY 2024 data. The E21(NIW) classification began
in 2023. So, in previous years we had reported the E13 and E21
classification for those years rather than the E21(NIW) classification
that is actually eligible for premium processing now. In FY 2024,
premium processing was requested for 35,350 Forms I-140 with E13 or E21
(NIW) classification from a total of 79,119 Forms I-140 requesting E13
or E21 (NIW) classification (Table 6). DHS calculates 45 percent of the
eligible population opting for premium processing.\17\ DHS estimates
35,350 will annually request premium processing for Forms I-140 with
E13 or E21 (NIW) classification.\18\
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\17\ Calculation: 35,350 / 79,119 = 0.45.
\18\ Calculation: 35,350 = 79,119 (annual average of I-140 forms
with E13 & E21 (NIW)) x 45%.
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In Table 7, DHS uses the annual 35,350 premium processing estimate
for Forms I-140 requesting E13 or E21 (NIW) classification to estimate
transfer payments to DHS. The fee for all Form I-140 petitioners
requesting premium processing will increase from $2,805 to $2,965, an
increase of $160 based on the 5.72 percent increase in the CPI-U from
June 2023 to June 2025.\19\
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\19\ See supra FN 8.
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DHS estimates that as a result of the increase in filing fees for
premium processing the additional annual transfer payments to DHS from
these Form I-140 fee-paying populations will be $5,656,000 (Table 7).
[GRAPHIC] [TIFF OMITTED] TR12JA26.015
DHS estimates that the combined additional annual transfer payments
to DHS for premium processing requests for Form I-140, Immigrant
Petition for Alien Worker, will be $21,701,760 ($16,045,760 +
$5,656,000) per year.
4. Form I-539, Application To Extend/Change Nonimmigrant Status,
Transfer Payments
The USCIS Stabilization Act authorized USCIS to permit premium
processing for newly eligible Form I-539 filers. Per the statute, the
fee was originally set at $1,750 and was subsequently increased to
$1,965 by the 2023 CPI-U Adjustment. See 88 FR 89539 (Dec. 28, 2023).
In June 2023, USCIS announced premium processing eligibility for change
of status filers to the F-1, F-2, J-1, J-2, M-1, and M-2
classifications.\20\ This newly eligible population of filers are
students and exchange visitors (and their eligible dependents).
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\20\ https://www.uscis.gov/newsroom/alerts/uscis-expands-premium-processing-for-applicants-seeking-to-change-into-f-m-or-j-nonimmigrant-status (last updated June 12, 2023).
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Because premium processing was allowed for these classifications
recently, at the time of this analysis, DHS only has data for one full
fiscal year (FY 2024) for eligible Form I-539 applicants that chose to
submit premium processing requests. In FY 2024, a total of 6,838 Form
I-539 filers requested premium processing of a change of status request
to F-1, F-2, J-1, J-2, M-1, or M-2 nonimmigrant status. In FY 2024, the
total number of applications requesting a change of status to F-1, F-2,
J-1, J-2, M-1, or M-2 nonimmigrant status was 45,735. Thus, 15 percent
of all F-1, F-2, J-1, J-2, M-1, and M-2 change of status
[[Page 1068]]
requests for FY 2024 requested premium processing.\21\
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\21\ Calculation: 6,838 / 45,735 = 0.15.
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For purposes of this analysis, we present historical Form I-539
filing rates for the F-1, F-2, J-1, J-2, M-1, and M-2 classifications
and use the 15 percent premium processing demand rate to estimate
premium processing receipts for FY 2020 through FY 2024. Table 8 shows
the annual average receipt volumes and estimated premium processing
receipts for FY 2020 through FY 2024. DHS estimates the 5-year annual
average of the currently eligible F-1, F-2, J-1, J-2, M-1, M-2
classifications to be 31,104.
[GRAPHIC] [TIFF OMITTED] TR12JA26.016
Using the estimated number of 5-year annual premium processing
requests, DHS estimates there will be 4,666 annual premium processing
filings for Form I-539 with the F-1, F-2, J-1, J-2, M-1, and M-2
classifications.\22\ The Form I-907 fee for all Form I-539 applicants
requesting premium processing will increase from $1,965 to $2,075, an
increase of $110 based on the 5.72 percent increase in the CPI-U from
June 2023 to June 2025.\23\ The increase in filing fees for premium
processing requests for Form I-539 applications results in annual
transfer payments from the Form I-539 fee-paying population to DHS of
$513,260 (Table 9).
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\22\ Calculation: 31,104 x 15% = 4,666.
\23\ See supra FN 8.
[GRAPHIC] [TIFF OMITTED] TR12JA26.017
5. Form I-765, Application for Employment Authorization, Transfer
Payments
The USCIS Stabilization Act authorized USCIS to permit premium
processing of the Form I-765, Application for Employment Authorization.
The 2023 CPI-U Adjustment set the fee for the premium processing of
Form I-765 at $1,685. USCIS began premium processing for Forms I-765
for students applying for Optional Practical Training (OPT) and
students seeking science, technology, engineering, and mathematics
(STEM) OPT extensions in March 2023.\24\ This rule increases the
premium processing fees for Form I-765. The premium processing fee for
Form I-765 will increase from $1,685 to $1,780 an increase of $95,
which is the result of a 5.72 percent increase in the CPI-U from June
2023 to June 2025.\25\
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\24\ See https://www.uscis.gov/forms/all-forms/how-do-i-request-premium-processing (last updated June 18, 2024).
\25\ See supra FN 8.
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Table 10 shows the estimated OPT and STEM-OPT populations that are
now eligible. Based on a 5-year annual average, DHS estimates the
annual
[[Page 1069]]
average receipts of Form I-765 from the OPT and STEM-OPT populations to
be 218,394.
DHS had estimated the annual average receipts to be 102,495 from
additional categories of Form I-765 that may become eligible for
premium processing in the future.\26\ However, DHS does not know when
those will become eligible, and this population is not included in
Table 10.
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\26\ See Implementation of the Emergency Stopgap USCIS
Stabilization Act, 87 FR 18227 (Mar. 30, 2022).
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As of March 6, 2023, certain F-1 students seeking Optional
Practical Training (OPT) and F-1 students seeking science, technology,
engineering, and mathematics (STEM) OPT extensions who have a pending
Form I-765 and wish to request a premium processing upgrade, were
eligible to file Form I-907 online. As of April 3, 2023, all pending
and initial Form I-765 applications filed by F-1 students in these
categories are eligible to request premium processing. Because premium
processing for these Form I-765 categories was turned on mid-2023, DHS
will use the percentage of Form I-765 applicants from FY 2024 with a
premium processing request to estimate the number of Form I-765
applications filed by F-1 students requesting premium processing after
this rule takes effect.
The USCIS Stabilization Rule's Regulatory Impact Analysis further
projected 1,136,691 annual Form I-765 receipts belonging to
classifications for which USCIS will consider, but has no immediate
plans to expand premium processing eligibility as well as a final group
of 802,145 belonging to Form I-765 classifications USCIS is unlikely to
make eligible for premium processing.\27\ These projected groups are
excluded from Table 10 and this Rule's analysis because they are
unlikely to be impacted by the decision to adjust premium processing
fees for inflation over this biennial cycle. These impacts would be
more appropriately quantified in a future inflation adjustment rule,
when some reasonable expectation exists that premium processing
eligibility for these Form I-765 classifications is likely in the
future.
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\27\ The Implementation of the Emergency Stopgap USCIS
Stabilization Act Final Rule, published March 30, 2022 estimated the
number of newly eligible applicants beginning around FY 2025 based
on data from FY 2017 through FY 2021 actuals. This still serves as a
reasonable measure should this population become available for
premium processing in the near future. See 87 FR 18250.
[GRAPHIC] [TIFF OMITTED] TR12JA26.018
Since Form I-765 OPT and STEM-OPT applicants have only been
recently eligible to request premium processing, DHS estimates the
percentage of applicants who will apply based on FY 2024 data. In FY
2024, there were 66,312 Form I-765 premium processing receipts for
eligible 294,551 Form I-765 OPT and STEM-OPT applicants, resulting in
23 percent requesting premium processing.\28\ DHS estimates that 50,231
applicants (23 percent of the eligible population) out of the 218,394
(Table 10) Form I-765 OPT and STEM-OPT applicants who apply annually
will submit a premium processing request with their Form I-765
application.
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\28\ 0.23 = 66,312 / 294,551.
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In Table 11, DHS uses the 50,231 population estimate from OPT and
OPT-STEM population to estimate transfer payments to DHS. The Form I-
907 fee for all Form I-765 applicants requesting premium processing
will increase from $1,685 to $1,780, an increase of $95 based on the
5.72 percent increase in the CPI-U from June 2023 to June 2025.\29\ DHS
estimates that annual transfer payments to DHS from currently eligible
OPT and OPT-STEM Form I-765 applicants requesting premium processing
using Form I-907 will be 4,771,945.
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\29\ See supra FN 8.
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[[Page 1070]]
[GRAPHIC] [TIFF OMITTED] TR12JA26.019
6. Transfer Payments
DHS summarizes the estimated annual transfer payments from
currently eligible Form I-129 and I-140 petitioners to DHS, and the
estimated annual transfer payments from newly eligible classification
Form I-140 petitioners, Form I-539 applicants, and Form I-765
applicants to DHS. Table 12 details that the estimated annual transfer
payments of this final rule from the currently eligible Form I-129,
Form I-140 and newly eligible Form I-140, Form I-539 and Form I-765
fee-paying population to DHS will be $77,119,780 due to the increase in
premium processing filing fees.
[GRAPHIC] [TIFF OMITTED] TR12JA26.020
7. Discounted Costs and Transfer Payments
The Continuing Appropriations Act, 2021 and Other Extensions Act,
signed into law on October 1, 2020, contained the Emergency Stopgap
USCIS Stabilization Act, which set new fees for premium processing of
immigration benefit requests that had been designated for premium
processing as of August 1, 2020, and expanded USCIS authority to
establish and collect new premium processing fees and to use those
additional funds for expanded purposes. For FY 2026 and FY 2027, DHS
estimates the total annualized transfer payments to be $77,119,780.
C. Regulatory Flexibility Act (RFA)
The Regulatory Flexibility Act (RFA), 5 U.S.C. 605(b), as amended
by the Small Business Regulatory Enforcement Fairness Act of 1996
(SBREFA), requires an agency to prepare and make available to the
public a regulatory flexibility analysis that describes the effect of
the rule on small entities (i.e., small businesses, small
organizations, and small governmental jurisdictions). A regulatory
flexibility analysis is not required when a rule is exempt from notice-
and-comment rulemaking. This rule is exempted from notice-and-comment
rulemaking by INA sec. 286(u)(3)(C), 8 U.S.C. 1356(u)(3)(C). Therefore,
a regulatory flexibility analysis is not required for this rule.
D. Unfunded Mandates Reform Act of 1995 (UMRA)
The Unfunded Mandates Reform Act of 1995 (UMRA) is intended, among
other things, to curb the practice of imposing unfunded Federal
mandates on State, local, and Tribal governments.\30\ Title II of UMRA
requires each Federal agency to prepare a written statement assessing
the effects of any Federal mandate in a proposed rule, or final rule
for which the agency published a proposed rule, which includes any
Federal mandate that may result in a $100 million or more expenditure
(adjusted annually for inflation) in any one year by State, local, and
Tribal governments, in the aggregate, or by the private sector. See 2
U.S.C. 1532(a). The inflation adjusted value of $100 million in 1995 is
approximately $206 million in 2024 based on the CPI-U.\31\
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\30\ The term ``Federal mandate'' means a Federal
intergovernmental mandate or a Federal private sector mandate. See 2
U.S.C. 1502(1), 658(5), (6).
\31\ See BLS, ``Historical Consumer Price Index for All Urban
Consumers (CPI-U): U.S. city average, all items, by month,'' https://www.bls.gov/cpi/tables/supplemental-files/historical-cpi-u-202412.pdf (last visited Feb. 4, 2025). Calculation of inflation:
(1) Calculate the average monthly CPI-U for the reference year
(1995) and the current year (2024); (2) Subtract reference year CPI-
U from current year CPI-U; (3) Divide the difference of the
reference year CPI-U and current year CPI-U by the reference year
CPI-U; (4) Multiply by 100 = [(Average monthly CPI-U for 2024-
Average monthly CPI-U for 1995) / (Average monthly CPI-U for 1995)]
x 100 = [(313.689-152.383) / 152.383] = (161.306/152.383) = 1.059 x
100 = 105.86% percent = 106 percent (rounded). Calculation of
inflation-adjusted value: $100 million in 1995 dollars x 2.06 = $206
million in 2024 dollars.
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[[Page 1071]]
This final rule is exempt from the written statement requirement
because DHS did not publish a notice of proposed rulemaking for this
rule. This final rule does not contain a Federal mandate as the term is
defined under UMRA. See 2 U.S.C. 1502(1), 658(6).
E. Small Business Enforcement Fairness Act of 1996 (Congressional
Review Act)
The Congressional Review Act (CRA) was included as part of the
Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA) by
section 804 of SBREFA, Public Law 104-121, 110 Stat. 847, 868, et seq.
The Office of Information and Regulatory Affairs (OIRA) has determined
that this rule is not a major rule as defined by Section 804 of SBREFA
because it is not likely to result in an annual effect on the economy
of $100 million or more. See 5 U.S.C. 804(2)(A). DHS has complied with
the CRA's reporting requirements and has sent this final rule to
Congress and to the Comptroller General as required by 5 U.S.C.
801(a)(1).
F. Executive Order 13132 (Federalism)
This final rule will not have substantial direct effects on the
States, on the relationship between the National Government and the
States, or on the distribution of power and responsibilities among the
various levels of government. Therefore, in accordance with section 6
of Executive Order 13132, it is determined that this final rule does
not have sufficient federalism implications to warrant the preparation
of a federalism summary impact statement.
G. Executive Order 12988 (Civil Justice Reform)
This final rule was drafted and reviewed in accordance with
Executive Order 12988, Civil Justice Reform. This final rule was
written to provide a clear legal standard for affected conduct and was
reviewed carefully to eliminate drafting errors and ambiguities, so as
to minimize litigation and undue burden on the Federal court system.
DHS has determined that this rule meets the applicable standards
provided in section 3(a) and 3 (b)(2) of Executive Order 12988.
H. Executive Order 13175 (Consultation and Coordination With Indian
Tribal Governments)
This final rule will not have tribal implications under Executive
Order 13175, Consultation and Coordination With Indian Tribal
Governments, because it does not have substantial direct effects on one
or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
I. Family Assessment
DHS has reviewed this rule in line with the requirements of section
654 of the Treasury General Appropriations Act, 1999, Public Law 105-
277, 112 Stat. 2681 (1998). DHS has systematically reviewed the
criteria specified in section 654(c)(1), by evaluating whether this
regulatory action: (1) impacts the stability or safety of the family,
particularly in terms of marital commitment; (2) impacts the authority
of parents in the education, nurture, and supervision of their
children; (3) helps the family perform its functions; (4) affects
disposable income or poverty of families and children; (5) only
financially impacts families, if at all, to the extent such impacts are
justified; (6) may be carried out by State or local government or by
the family; or (7) establishes a policy concerning the relationship
between the behavior and personal responsibility of youth and the norms
of society. If the agency determines a regulation may negatively affect
family well-being, then the agency must provide an adequate rationale
for its implementation.
DHS has determined that the implementation of this regulation will
not negatively affect family well-being and will not have any impact on
the autonomy and integrity of the family as an institution.
J. National Environment Policy Act (NEPA)
DHS and its components analyze proposed regulatory actions to
determine whether the National Environmental Policy Act (NEPA), 42
U.S.C. 4321 et seq., applies and, if so, what degree of analysis is
required. DHS Directive 023-01 Rev. 01 ``Implementing the National
Environmental Policy Act'' (Directive) and Instruction Manual 023-01-
001-01 Rev. 01 (Instruction Manual) \32\ establish the policies and
procedures that DHS and its components use to comply with NEPA.
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\32\ The Instruction Manual contains DHS's procedures for
implementing NEPA and was issued November 6, 2014, https://www.dhs.gov/ocrso/eed/epb/nepa (last updated July 29, 2025).
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NEPA allows Federal agencies to establish, in their NEPA
implementing procedures, categories of actions (``categorical
exclusions'') that experience has shown do not, individually or
cumulatively, have a significant effect on the human environment and,
therefore, do not require an environmental assessment or environmental
impact statement.\33\ The Instruction Manual, Appendix A lists the DHS
Categorical Exclusions.\34\
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\33\ See 42 U.S.C. 4336(a)(2), 4336e(1).
\34\ See Instruction Manual, Appendix A, Table 1.
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Under DHS NEPA implementing procedures, for an action to be
categorically excluded, it must satisfy each of the following three
conditions: (1) The entire action clearly fits within one or more of
the categorical exclusions; (2) the action is not a piece of a larger
action; and (3) no extraordinary circumstances exist that create the
potential for a significant environmental effect.\35\
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\35\ Instruction Manual at V.B(2)(a)-(c).
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This rule is limited to adjusting the premium processing fees on a
biennial basis. This rule is strictly administrative and procedural and
amends DHS's existing regulations by adjusting the fees that must be
paid to request premium processing of immigration benefits. DHS has
reviewed this rule and finds that no significant impact on the
environment, or any change in environmental effect will result from the
amendments being promulgated in this rule.
Accordingly, DHS finds that the promulgation of this rule's
amendments to current regulations clearly fits within the categorical
exclusion A3 established in DHS's NEPA implementing procedures as an
administrative change with no change in environmental effect, is not
part of a larger Federal action, and does not present extraordinary
circumstances that create the potential for a significant environmental
effect.
K. Paperwork Reduction Act
Under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-12, DHS
must submit to OMB, for review and approval, any reporting requirements
inherent in a rule unless they are exempt. This rule does not impose
any new reporting or recordkeeping requirements under the Paperwork
Reduction Act. USCIS will update Form G-1055, Fee Schedule, as
appropriate.
List of Subjects in 8 CFR Part 106
Citizenship and naturalization, Fees, Immigration.
[[Page 1072]]
Accordingly, DHS amends part 106 chapter I of title 8 of the Code
of Federal Regulations as follows:
PART 106--USCIS FEE SCHEDULE
0
1. The authority citation for part 106 continues to read as follows:
Authority: 8 U.S.C. 1101, 1103, 1254a, 1254b, 1304, 1356; Pub.
L. 107-609; 48 U.S.C. 1806; Pub. L. 107-296, 116 Stat. 2135 (6
U.S.C. 101 note); Pub. L. 115-218, 132 Stat. 1547; Pub. L. 116-159,
134 Stat. 709.
0
2. Section 106.4 is amended by revising paragraph (c) to read as
follows:
Sec. 106.4 Premium processing service.
* * * * *
(c) Designated benefit requests and fee amounts. Benefit requests
designated for premium processing and the corresponding fees to request
premium processing service are as follows:
(1) Application for classification of a nonimmigrant described in
section 101(a)(15)(E)(i), (ii), or (iii) of the INA--$2,965.
(2) Petition for classification of a nonimmigrant described in
section 101(a)(15)(H)(i)(b) of the INA or section 222(a) of the
Immigration Act of 1990, Public Law 101-649--$2,965.
(3) Petition for classification of a nonimmigrant described in
section 101(a)(15)(H)(ii)(b) of the INA--$1,780.
(4) Petition for classification of a nonimmigrant described in
section 101(a)(15)(H)(iii) of the INA--$2,965.
(5) Petition for classification of a nonimmigrant described in
section 101(a)(15)(L) of the INA--$2,965.
(6) Petition for classification of a nonimmigrant described in
section 101(a)(15)(O)(i) or (ii) of the INA--$2,965.
(7) Petition for classification of a nonimmigrant described in
section 101(a)(15)(P)(i), (ii), or (iii) of the INA--$2,965.
(8) Petition for classification of a nonimmigrant described in
section 101(a)(15)(Q) of the INA--$2,965.
(9) Petition for classification of a nonimmigrant described in
section 101(a)(15)(R) of the INA--$1,780.
(10) Application for classification of a nonimmigrant described in
section 214(e) of the INA--$2,965.
(11) Petition for classification under section 203(b)(1)(A) of the
INA--$2,965.
(12) Petition for classification under section 203(b)(1)(B) of the
INA--$2,965.
(13) Petition for classification under section 203(b)(2)(A) of the
INA not involving a waiver under section 203(b)(2)(B) of the INA--
$2,965.
(14) Petition for classification under section 203(b)(3)(A)(i) of
the INA--$2,965.
(15) Petition for classification under section 203(b)(3)(A)(ii) of
the INA--$2,965.
(16) Petition for classification under section 203(b)(3)(A)(iii) of
the INA--$2,965.
(17) Petition for classification under section 203(b)(1)(C) of the
INA--$2,965.
(18) Petition for classification under section 203(b)(2) of the INA
involving a waiver under section 203(b)(2)(B) of the INA--$2,965.
(19) Application under section 248 of the INA to change status to a
classification described in section 101(a)(15)(F), (J), or (M) of the
INA--$2,075.
(20) Application under section 248 of the INA to change status to
be classified as a dependent of a nonimmigrant described in section
101(a)(15)(E), (H), (L), (O), (P), or (R) of the INA, or to extend stay
in such classification--$2,075.
(21) Application for employment authorization--$1,780.
* * * * *
Kristi Noem,
Secretary, U.S. Department of Homeland Security.
[FR Doc. 2026-00321 Filed 1-9-26; 8:45 am]
BILLING CODE 9111-97-P