Immigration News
April 2026 Fee Updates for Immigration Petitions
Step-by-step guidance on building a winning case with evidence examples and strategic considerations.
Overview of the April 2026 Fee Landscape
USCIS fees are governed by 8 CFR 103.7 and INA Section 286(m). The current fee schedule reflects the comprehensive fee rule that took effect April 1, 2024, with subsequent inflation adjustments and surcharges added through April 2026. As of April 2026, the I-129 base filing fee for O-1 petitions is $530 for petitioners with 26 or more full-time employees and $460 for petitioners with fewer than 26 full-time employees. The Asylum Program Fee, which surcharges most employment-based petitions, is $600 for standard petitioners, $300 for small employers (fewer than 26 full-time employees), and $0 for nonprofit petitioners.
Premium processing under 8 CFR 103.7(e) is $2,805 for I-129 petitions including O-1, P, L-1, H-1B, and others, and $2,805 for I-140 immigrant petitions in eligible classifications such as EB-1A and EB-2 NIW. The April 2026 statutory cap on premium processing fee adjustments under INA Section 286(u) is reviewed every two years, and the next scheduled review is October 2026, meaning current fees are likely stable through the third quarter of the year.
Beyond filing fees, petitioners should budget for biometrics services where applicable ($85 per applicant for adjustment of status filings under 8 CFR 103.7(b)(1)(i)(C)), USCIS Immigrant Fee for principals receiving immigrant visas abroad ($235), and consular processing visa application fees collected by the Department of State (typically $190 for nonimmigrant categories including O-1, P, and TN, and $325 for petition-based MRV including H-1B and L).
Fee Schedule for Common Petition Types in April 2026
For nonimmigrant petitions on Form I-129, the April 2026 fees are: H-1B $780 (large employer) / $460 (small employer) / $0 (nonprofit) for the base, plus the $600 / $300 / $0 Asylum Program Fee, plus the $1,500 ACWIA fee for employers with 25 or more employees ($750 for smaller employers), plus the $500 Fraud Prevention and Detection Fee for initial H-1B and L petitions. The total can exceed $4,000 before premium processing. L-1 petitions follow the same general structure with the addition of the $4,500 Public Law 114-113 fee for employers with 50 or more U.S. employees of whom more than half are in H-1B or L status.
O-1, P, and TN petitions are simpler. The April 2026 totals for O-1 are typically $530 (base) + $600 (Asylum Program Fee) + $2,805 (optional premium processing) = $3,935 for a large-employer petition. For nonprofits and small employers, the total drops accordingly. P-1, P-2, and P-3 petitions for athletes and entertainers follow the same fee structure as O-1.
For immigrant petitions, the April 2026 I-140 base fee is $715 for all petitioners, with no Asylum Program Fee surcharge for self-petitioners under EB-1A or EB-2 NIW. Premium processing for eligible I-140 classifications is $2,805. Adjustment of status filings on Form I-485 are $1,440 for adult applicants (including biometrics), $950 for children under 14 filing with a parent, and a flat $1,440 for children under 14 filing without a parent. Concurrent I-765 (employment authorization) and I-131 (advance parole) filings are now included with the I-485 fee for principal applicants under the April 2024 fee rule.
Fee Waivers, Exemptions, and Reduced-Fee Eligibility
Under 8 CFR 106.3, certain petitioners qualify for fee reductions or exemptions. Nonprofit petitioners, defined under 8 CFR 214.2(h)(19)(iii)(C), are exempt from the Asylum Program Fee and pay reduced base fees on Form I-129. To qualify, the petitioner must be a 501(c)(3) tax-exempt organization, a governmental research organization, or an institution of higher education. Documentation should include the IRS determination letter and, where applicable, accreditation evidence.
Small employers, defined as those with 25 or fewer full-time equivalent employees, also qualify for reduced fees on Form I-129 and a reduced Asylum Program Fee. Petitioners claiming small-employer status should attach a recent payroll summary or quarterly Form 941 showing employee count. April 2026 USCIS RFE patterns indicate that approximately 8% of small-employer claims are challenged when the supporting documentation is missing or stale.
Form I-912 fee waivers, available for certain humanitarian and family-based filings under 8 CFR 106.3(a)(2), are not available for most employment-based petitions. However, applicants for adjustment of status who are below 150% of the Federal Poverty Guidelines may qualify, and the I-912 process in April 2026 has been streamlined to require less narrative documentation than in prior years.
Common Mistakes With April 2026 Fee Filings
The single most common mistake is paying the wrong total. The April 2024 fee rule introduced multiple fees per filing in many categories, and petitioners frequently send a single check covering only the base fee. USCIS rejects underpaid filings rather than processing them and refunding the difference, which can delay a case by two to three weeks. The fix is to use the USCIS Fee Calculator at uscis.gov/feecalculator before each filing and confirm the total against the most recent April 2026 schedule.
A second mistake is misclassifying small-employer or nonprofit status. Petitioners sometimes claim the reduced fee without realizing that part-time, contract, or international employees may push them over the 26-employee threshold under 8 CFR 106.2(a). The rule counts full-time-equivalent U.S. employees on the petitioner's payroll. Misclassification can trigger an RFE or, in rare cases, a denial for fee insufficiency.
A third pitfall is forgetting that biometrics and consular fees are separate from USCIS petition fees. April 2026 consular processing for an O-1 visa requires a $190 MRV fee paid through the Department of State's CGI Federal portal in the country of application, and this fee is non-refundable even if the visa is denied. Budget conversations with employers and beneficiaries should explicitly include these downstream costs.
Tips for Managing Fees in April 2026
Pay each fee with a separate check or money order when filing on paper. Under the April 2026 USCIS lockbox SOP, separate payments allow each fee to be processed independently, so a problem with one (e.g., a stop-payment on a check) does not reject the entire filing. The convention is one check for the I-129 base fee, one for the Asylum Program Fee, and one for the I-907 if premium processing is requested. Online filing through uscis.gov, available for an expanding list of forms in April 2026, consolidates these payments through pay.gov.
Build a standing fee reference document for your practice or HR team. Update it quarterly to reflect any inflation adjustments, new surcharges, or rule changes. The April 2026 USCIS public engagement calendar lists a stakeholder briefing in June 2026 that may preview adjustments effective October 2026, so practitioners should plan to revisit the schedule mid-year.
Finally, communicate fee responsibility clearly in employment contracts and engagement letters. For O-1 petitions, USCIS regulations under 8 CFR 214.2(o) do not prohibit employer or beneficiary payment of any specific fee, unlike H-1B where ACWIA and Fraud Prevention fees must be employer-paid. Documenting who pays what in writing prevents disputes and ensures compliance with state wage-deduction laws that may restrict reimbursement of certain immigration costs.