Immigration News
January 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 2024 USCIS Fee Rule
The most significant overhaul of USCIS filing fees in over a decade took effect on April 1, 2024. The final rule, published at 89 FR 6194 (January 31, 2024), increased fees for most petition types to address USCIS's structural funding shortfall and reduce dependence on Congressional appropriations. The fee increases reflect USCIS's activity-based cost model, which assigns costs to specific petition types based on the average adjudicator time, overhead, and administrative burden associated with each. For the O-1 visa category and other employment-based nonimmigrant petitions, the changes are substantial and practitioners must ensure petition packages submitted in 2026 use the current fee amounts.
The rule introduced several structural changes beyond simple fee increases. It created a tiered fee structure for Form I-129 (Petition for Nonimmigrant Worker) that distinguishes between large employers, small employers, and nonprofit or governmental organizations. It established a new Asylum Program Fee applicable to most employment-based petitions, intended to subsidize the cost of adjudicating affirmative asylum applications. And it adjusted premium processing fees, which are set under a separate regulatory mechanism but were also updated to reflect current operational costs.
Practitioners filing in January 2026 should confirm that all fee amounts are current, as USCIS periodically adjusts premium processing fees through separate rulemaking under 8 CFR 103.7. The April 2024 rule established the base filing fees that remain in effect as of January 2026, but any subsequent adjustments to premium processing fees or special programs should be verified at USCIS.gov before submitting a petition. Using outdated fee amounts is a common and easily avoidable filing error that results in immediate rejection of the petition package.
Form I-129 Fees for O-1 Petitions
For Form I-129 petitions in the O classification, the April 2024 fee rule established the following fee schedule: large employers (more than 25 FTE employees or gross annual income over $10 million) pay $1,385 per petition; small employers (25 or fewer FTE employees and gross annual income of $10 million or less) pay $695 per petition; and nonprofit organizations, governmental research organizations, and primary and secondary educational institutions may be eligible for exemptions or reduced fees depending on the petition type. Sole proprietorships and startups that qualify as small employers should ensure they document their employee count and revenue to support the reduced fee if applicable.
The O Classification Supplement to Form I-129 does not carry a separate fee; it is included with the base I-129 filing fee. However, if the petition includes requests for multiple beneficiaries under a group petition (allowed for O-2 entertainment support workers accompanying an O-1 in the arts, but not applicable to O-1A or most O-1B petitions), additional per-beneficiary fees may apply. For a standard single-beneficiary O-1 petition, the only Form I-129-related fees are the base filing fee and, if applicable, the Asylum Program Fee.
The Asylum Program Fee is $600 for most employers and $300 for small employers. Nonprofit organizations are exempt from the Asylum Program Fee. This fee must be included with the Form I-129 filing fee for all covered employment-based petitions. Practitioners who are accustomed to pre-April 2024 fee schedules sometimes omit the Asylum Program Fee, resulting in a rejected petition. Ensure that the total amount remitted with a large-employer O-1 petition is $1,385 (base) plus $600 (Asylum Program Fee) = $1,985 total, before any premium processing surcharge.
Premium Processing Fees and the $2,805 Surcharge
Premium processing for Form I-129 O-1 petitions currently costs $2,805, as established under the revised premium processing fee schedule effective in 2024. This fee is paid via Form I-907 (Request for Premium Processing Service) and is in addition to all other filing fees. The premium processing fee is charged per petition, not per beneficiary, and does not vary based on employer size. Unlike the base filing fee, the premium processing fee is not subject to the small employer reduction.
It is worth noting that the premium processing fee is paid to a different USCIS account and serves a different function than the base filing fee. The base filing fee funds general adjudication operations, while the premium processing fee is specifically designated to fund the expedited adjudication service. If USCIS fails to take action within 15 business days, the premium processing fee is refunded to the petitioner, though USCIS continues to adjudicate the petition as if premium processing remains in effect. Refund requests are processed through the USCIS Lockbox facilities and typically take 30–45 days.
For employers filing multiple O-1 petitions in a given fiscal year, the premium processing cost can become material in aggregate. A company that files ten O-1 petitions with premium processing in a year pays $28,050 in premium fees alone, on top of base filing fees totaling $13,850 (assuming large employer rates) and potentially $6,000 in Asylum Program Fees — a total government fee burden of nearly $48,000 before attorney fees. Larger companies with established O-1 programs often develop internal policies on when premium processing is warranted, using the strategic framework discussed elsewhere in this series.
Small Employer Fee Reductions
The April 2024 fee rule's small employer provisions represent a meaningful cost reduction for qualifying companies. To qualify for small employer rates on the Form I-129 base fee and the Asylum Program Fee, an employer must have: (1) 25 or fewer full-time equivalent employees, counting both full-time and part-time employees on a pro-rated basis; and (2) gross annual income of $10 million or less in the most recent fiscal year. Both conditions must be met; meeting only one does not qualify the employer for the reduced rate.
Startups and early-stage companies frequently qualify for small employer rates, which reduces the base I-129 fee from $1,385 to $695 and the Asylum Program Fee from $600 to $300. Combined savings of $990 per petition are meaningful for companies filing two to five O-1 petitions per year, where total savings could reach $3,000–$5,000 annually. The petition package should document small employer status by including a brief declaration from the company's authorized officer stating the FTE count and annual gross revenue for the most recent fiscal year, along with supporting documentation such as recent payroll records or audited financial statements if available.
A common mistake is applying the small employer rate without including supporting documentation, or applying the rate based on planned headcount rather than current headcount. USCIS may issue an RFE requesting evidence of small employer status if the reduced fee is claimed without documentation. Some practitioners include a one-page employer attestation certifying the FTE count and revenue as a standard exhibit in petitions claiming the small employer rate. This proactive documentation tends to avoid RFEs on the fee question, which, while not substantive, can delay processing.
Fee Waiver Options for O-1 Petitions
Fee waivers are available for certain immigration applications and petitions, but the O-1 visa petition is generally not among those eligible for USCIS fee waivers. Under 8 CFR 103.7(c), fee waivers may be granted when the applicant demonstrates inability to pay and the waiver is in the public interest, but USCIS has historically granted fee waivers primarily for adjustment of status, humanitarian applications, and certain family-based categories — not for employment-based nonimmigrant petitions like O-1.
There is an important exception: nonprofit organizations with IRS 501(c)(3) status or equivalent governmental or educational institutions may be eligible for fee exemptions on certain petition types. For O-1 petitions filed by qualifying nonprofit research organizations or governmental entities, the Asylum Program Fee exemption applies, reducing total fees meaningfully. However, the base I-129 filing fee still applies to nonprofit petitioners for the O classification; the exemption does not extend to the entire fee.
Petitioners who face genuine financial hardship should consult an immigration attorney about whether any statutory or regulatory fee relief applies to their specific situation. For individuals with serious medical conditions, certain special cases, or qualifying humanitarian circumstances, there may be grounds for fee accommodation that are fact-specific. However, for the typical O-1 employment-based petition involving a funded startup or established employer, fee waiver is not available, and petitioners should budget for the full applicable fee schedule as part of their immigration planning.
Calculating Total Petition Cost and Budgeting for 2026
A complete cost estimate for an O-1 petition in January 2026 should include: USCIS filing fees (base I-129 fee plus Asylum Program Fee), optional premium processing fee, attorney fees, and out-of-pocket costs for supporting documentation (expert letters, translation, courier services). For a large employer filing with premium processing, government fees alone total $1,985 (base + asylum) plus $2,805 (premium) = $4,790. Attorney fees vary widely by market and firm, but range from approximately $4,000 to $15,000 for a standard O-1 petition at U.S. immigration law firms, with higher fees for complex cases or cases requiring extensive expert letter coordination.
For extensions of O-1 status, the same fee structure applies: the employer must file a new Form I-129 with full fees, including the Asylum Program Fee, for each extension period. O-1 status is typically granted for the period of the event, activity, or employment described in the petition, up to three years, with extensions available in one-year increments. Planning for multiple filing cycles over a petitioner's time in the U.S. requires budgeting for recurring government and attorney fees.
Employers with recurring immigration needs should consider establishing an immigration budget line item that accounts for the full fee schedule under the April 2024 rule, including the per-petition Asylum Program Fee that many companies overlooked when the rule first took effect. Immigration counsel can help companies develop a fee budget based on planned petition volume, the mix of large and small employer status, the expected use of premium processing, and any consular processing fees (DS-160 application fee of $185 for visa stamp, payable at the consulate) for beneficiaries entering from abroad. Accurate budgeting prevents unpleasant surprises when multiple petitions are filed simultaneously during organizational hiring surges.