USCIS has announced significant fee updates for employment-based immigration, including changes to the EB-2 National Interest Waiver (NIW) petitions, set to take effect in 2026. These updates follow a major fee rule implemented in April 2024, and they are crucial for practitioners and applicants navigating the immigration process.
Key Details:
- Form I-140 Fee: $715 (unchanged from 2024)
- Asylum Program Fee: $600 for standard employers, $300 for small employers, and $0 for nonprofits.
- EB-2 NIW Petitions: Self-petitioners are exempt from the Asylum Program Fee, making this a cost-effective option.
- Form I-485 Fee: $1,440, with separate fees for Form I-765 (Work Authorization) and Form I-131 (Advance Parole).
- Premium Processing Fee: Increased to $2,965 for Form I-140 effective March 2026, with adjustments for other categories.
- Inflation Adjustments: USCIS will periodically adjust fees based on inflation, necessitating verification of the latest fee schedule before filing.
These changes will likely lead to increased overall filing costs and emphasize the need for accurate fee calculations. The absence of employer-related fees for NIW petitions presents a strategic advantage for applicants.
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Source: Sarfraz Ahmed