USCIS Announces FY 2026 Inflation-Based Fee Increase: What Applicants and Employers Need to Know

1. Overview of the FY 2026 Inflation Adjustment

Each year, USCIS is authorized to increase select fees to account for inflation. The FY 2026 increase follows the Consumer Price Index for All Urban Consumers (CPI-U) from June 2023 to June 2024, reflecting an inflation rate of 2.2 percent.

This means that from January 24, 2026, certain filing fees will automatically increase by this rate to offset inflation. The increase applies primarily to forms and services not covered by the 2024 comprehensive fee rule, including those tied to premium processing, EB-5 program participation, and immigrant fee collections.

2. Key Fee Categories Affected

1. EB-5 Immigrant Investor Fees
• The EB-5 Immigrant Petition by Regional Center (Form I-526E) and related Immigrant Petition by Alien Entrepreneur (Form I-526) will see an inflationary adjustment of approximately 2.2 percent.
• Fees for Regional Center annual certification (Form I-956G) and related filings will also increase proportionately.
• These changes ensure that USCIS can continue the program’s integrity audits and compliance oversight functions introduced under the EB-5 Reform and Integrity Act of 2022.
2. Premium Processing Fees
• Premium processing fees (Forms I-129, I-140, I-539, I-765, etc.) will increase based on the CPI-U calculation to maintain parity with the agency’s cost of expedited adjudication.
• Employers filing for H-1B, L-1A/L-1B, O-1, or P-1 workers should factor in slightly higher total filing costs starting in early 2026.
3. Immigrant Fee (Form USCIS Immigrant Fee)
• The immigrant fee, currently $235, paid after immigrant visa issuance to produce the green card, will rise modestly.
• This increase ensures USCIS can maintain its card production and secure document issuance processes.
4. Naturalization and Adjustment-of-Status Fees
• While most adjustment and naturalization filing fees were recently updated under the 2024 Fee Rule, any categories exempted from that rule will now reflect the 2.2 percent CPI-based rise.

3. Why USCIS Implements Inflation-Based Increases

USCIS is a fee-funded agency, meaning that approximately 96 percent of its operating budget comes from applicant and petitioner fees rather than congressional appropriations.

The inflation adjustment serves to:

• Preserve service continuity despite rising costs of technology, personnel, and security operations.
• Prevent large, irregular jumps in fees by implementing smaller annual increases.
• Support processing backlogs reduction, modernization, and fraud-prevention efforts.

According to USCIS, this predictable annual model ensures “cost recovery without creating sudden burdens on applicants and employers.”

4. What Applicants and Employers Should Do

1. Plan Early for FY 2026 Filings
• If you intend to file petitions or applications in early 2026, consider submitting before January 24, 2026 to benefit from current rates.
2. Re-Budget for Corporate Filings
• Employers sponsoring multiple H-1B or L-1 petitions should update internal budgets to reflect the modest but cumulative impact of the 2.2 percent increase.
3. Monitor Official USCIS Notices
• Always rely on the official USCIS Fee Schedule for current rates, as certain categories (e.g., humanitarian filings, fee waivers) may remain unchanged.
4. Seek Legal Guidance for Complex Categories
• Investors and companies participating in EB-5 or Regional Center filings should confirm the correct fee amount before remittance to avoid rejection or delay.

5. Broader Implications for Immigration Policy

Although the 2026 inflation adjustment is relatively modest, it reflects a larger policy trend: regularized fee updates tied to measurable economic indicators rather than infrequent overhauls.

For employers and investors, this underscores the importance of timely filings and ongoing monitoring of USCIS fee structures.

The agency’s emphasis on transparency and steady funding also indicates a continued focus on modernization, digital transformation, and processing-time improvements in the coming fiscal year.

Final Thoughts

The FY 2026 inflation-based fee adjustment marks another step toward predictable and sustainable USCIS operations. While the increases are relatively small, proactive applicants and employers should review their upcoming filings and plan budgets accordingly.

Whether you are filing for an employment-based visa, preparing an EB-5 petition, or sponsoring an employee through an L-1 or O-1 category, staying informed about annual USCIS fee changes is crucial to avoid delays or rejections.

At Unilaw Global Services LLC, we help clients navigate every stage of the U.S. immigration process with accuracy, foresight, and professionalism. Our experienced team closely monitors USCIS fee updates, policy changes, and procedural reforms to ensure your filings remain compliant and cost-effective. From preparing detailed petitions, offering legal drafting services, organizing supporting evidence, and coordinating with USCIS, we provide end-to-end assistance tailored to your immigration goals.

We invite clients, employers, and investors to visit our website regularly for reliable insights, timely policy analyses, and expert commentary on evolving immigration regulations. Staying informed empowers you to plan strategically—and Unilaw Global Services LLC is here to guide you through every update with clarity and confidence.