Highlights
The U.S. Citizenship and Immigration Services (USCIS) recently announced that the agency will increase the fees for premium processing service for certain employment-based applications and petitions on March 1, 2026 to reflect inflationary adjustments.
Those who plan to file a request for premium processing postmarked on or after March 1, 2026, must include the new fee for the specific benefit requested.
The new premium processing fees are as follows:
| Case type | Current Premium Processing Fee | New Premium Processing Fee | Increase |
Form I-140 |
$2,805 | $2,965 | $160 |
Form I-129 |
$2,805 $1,685 (H-2B & R-1) |
$2,965 $1,780 (H-2B or R-1) |
$160 $95 |
Form I-539 |
$1,965 | $2,075 | $110 |
Form I-765 (F-1 OPT) |
$1,685 | $1,780 | $95 |
Applicants and employers who wish to avoid the upcoming increase in the premium processing fee should make sure to submit their requests well in advance of the March 1st deadline.
Submitting early not only helps lock in the current lower fee but also reduces the risk of processing delays that could occur as the fee change approaches. Careful planning and timely submission are essential for those looking to take advantage of the existing rate before the new, higher fee takes effect.
For more information, please click here.
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On August 29, 2025, U.S. Citizenship and Immigration Services (USCIS) announced a major update to how filing fees for USCIS forms are paid.
Starting October 28, 2025, all payments must be made electronically through ACH bank transfer from a U.S. bank account or with credit/debit cards. Paper checks and money orders will no longer be accepted.
Payment Methods
Applicants should confirm that the bank account or card used has sufficient funds to avoid rejected filings.
Why the Change
This initiative supports Executive Order 14247, “Modernizing Payments to and from America’s Bank Account,” which seeks to streamline the processing of checks and money orders, reduce staff workload, and minimize risks related to fraud, lost payments, and theft.
USCIS spokesman Matthew J. Tragesser, cited in the agency’s press release, stated, “Over 90% of our payments come from checks and money orders, causing processing delays and increasing the risk of fraud and lost payments.”
For additional guidance on making a payment for USCIS filing fees, please reach out to your caseworker or an attorney at the Law Offices of Jacob Sapochnick.
To learn more about this announcement, please click here.
On October 29, 2025, the Department of Homeland Security (DHS) announced an interim final rule that will end the automatic extension of employment authorization documents (EADs) for most renewal applicants effective October 30, 2025.
In this post, we’ll unpack what’s changing, who it affects, the rationale behind the change, and what individuals and employers should do to prepare.
What was the previous policy?
Historically, noncitizens who held valid EADs (Form I-766) and timely filed a renewal application (Form I-765) before their current EAD expired often automatically received continued employment authorization while the renewal was pending. This “automatic extension” policy served as a buffer to prevent employment gaps.
These policies helped many workers avoid a lapse in authorization while waiting for processing of their renewal application.
What is changing now?
Starting October 30, 2025, the automatic extension of work authorization for most renewal applicants will end.
What to know
In short, you will not be authorized to keep working simply because you filed a renewal — you must wait for the new EAD to be approved by USCIS.
On September 19, 2025, the President issued a Proclamation on the Restriction on Entry of Certain Nonimmigrant Workers, requiring any new H-1B petitions to include an additional $100,000 payment as a condition for eligibility.
Following the President’s announcement, USCIS released clarification on the new fee requirement, specifying that the surcharge only applies to new H-1B petitions filed on or after 12:01 a.m. EDT on September 21, 2025. The fee is triggered only when the foreign national beneficiary is outside the United States at the time the petition is filed, and the petition requires visa issuance at a U.S. or port of entry notification.
Importantly, the USCIS guidance also clarifies who is exempt from the surcharge. For example, H-1B petitions filed before the effective date are not subject to the fee. Additionally, individuals already in H-1B status in the U.S.—such as those seeking extensions, amendments, or a change of employer—are not required to pay the surcharge under the current guidance. The responsibility for paying the fee rests with the petitioner (employer), and proof of payment must be included with the petition at the time of filing. USCIS instructs employers to submit the required fee using pay.gov, following the payment instructions.
U.S. Citizenship and Immigration Services (USCIS) has announced that, effective October 28, it will no longer accept checks or money orders for payment of filing fees, ending the previously permitted payment methods.
What Payment Methods Are Now Accepted?
Payment by ACH Bank Transfer
Starting October 28th USCIS will accept payment of filing fees directly from a U.S. bank account by electronic debit.
To use this payment method, individuals must complete and sign Form G-1650, Authorization for ACH Transactions, and submit it along with their application, petition, or request.
Please note that the bank account must be with a U.S. financial institution, as ACH transactions cannot be processed through foreign banks.
Payment by Credit Card
Alternatively, payment for filing fees can be made using a credit card issued by a U.S. bank, by completing Form G-1450, Authorization for Credit Card Transactions.
Please note that USCIS does not accept credit cards issued by foreign banks.
We are pleased to report that today the U.S. Department of State’s Bureau of Consular Affairs published the September 2025 Visa Bulletin.
In this blog post, we breakdown the movement of the employment-based and family-sponsored categories in the coming month.
USCIS Adjustment of Status
For employment-based preference categories, the U.S. Citizenship and Immigration Services (USCIS) has confirmed it will continue to use the Final Action Dates chart to determine filing eligibility for adjustment of status to permanent residence in the month of September.
For family-sponsored preference categories, USCIS will also continue to use the Dates for Filing chart to determine filing eligibility for adjustment of status to permanent residence in the month of September.
Please click here for more information.
Highlights of the September 2025 Visa Bulletin
At a Glance
What can we expect to see in the month of September?
Employment-Based Categories
There will be no changes to the employment-based Final Action Dates and Dates for Filing for the month of September.
The Visa Bulletin contains an important note that says the Visa Office expects to reach the FY 2025 annual limit for most employment-based categories during August and September. When this occurs, affected categories will become “unavailable” and no visas will be issued.
We are pleased to report that today the U.S. Department of State’s Bureau of Consular Affairs published the July 2025 Visa Bulletin.
In this blog post, we breakdown the movement of the employment-based and family-sponsored categories in the coming month.
USCIS Adjustment of Status
For employment-based preference categories, the U.S. Citizenship and Immigration Services (USCIS) has confirmed it will continue to use the Final Action Dates chart to determine filing eligibility for adjustment of status to permanent residence in the month of July.
For family-sponsored preference categories, USCIS will also continue to use the Dates for Filing chart to determine filing eligibility for adjustment of status to permanent residence in the month of July.
Please click here for more information.
Highlights of the July 2025 Visa Bulletin
At a Glance
What can we expect to see in the month of July?
Employment-Based Categories
Final Action Advancements
EB-1 Aliens of extraordinary ability, Outstanding Professors and Researchers, and Certain Multinational Managers or Executives
EB-2 Members of the Professions and Aliens of Exceptional Ability
In this blog post, we bring you an important announcement regarding the H-1B visa fiscal year (FY) 2026 cap season.
Today, March 31st the U.S. Citizenship and Immigration Services (USCIS) announced that it received sufficient electronic registrations during the initial registration period to meet the annual numerical limitations for fiscal year 2026, including for the advanced degree exemption (also known as the master’s cap).
Due to this, the agency has completed the H-1B visa lottery and selected unique beneficiaries at random from the properly submitted electronic registrations to reach the H-1B cap.
As of today, March 31st USCIS has notified all prospective petitioners of their selection via their myUSCIS organizational accounts. Please be aware that only selected beneficiaries are eligible to file an H-1B cap-subject petition with USCIS.
Congratulations to all those who were selected!
How will I know if I was selected in the lottery?
Petitioners with selected registrations will have their myUSCIS online organizational accounts updated to include a selection notice, which includes details of when and where to file. If you submitted your electronic registration with the assistance of an attorney, you should contact your legal representative to determine whether you were selected in the randomized lottery and your next steps.
Please note that a registrant’s USCIS online account will show one of the following statuses for each beneficiary registered:
Last week the United States Citizenship and Immigration Services (USCIS) released a new policy memorandum that requires the agency to initiate removal proceedings after it denies an application for an immigration benefit, if the foreign national is no longer lawfully present in the United States.
Importantly, the memo exempts certain individuals including beneficiaries of employment-based petitions, but it does not exempt dependent family members.
The memorandum also broadens USCIS’s authority to begin removal proceedings for certain foreign nationals with previous criminal charges, arrests, or convictions.
It is effective immediately.
How will USCIS implement this policy?
Under this policy, USCIS will initiate removal proceedings against a foreign national by issuing a Notice to Appear (NTA) after it has denied an application for an immigration benefit, if the foreign national no longer has a lawful basis to remain in the United States.
The issuance of a Notice to Appear (NTA) commences removal (deportation) proceedings in immigration court. Those who are issued an NTA must appear on the scheduled date before a judge who will decide whether the foreign national has a lawful basis to remain in the country or should be removed.
Traditionally, Notices to Appear (NTAs) have been issued by Immigration Customs and Enforcement (ICE) and Customs and Border Protection (CBP) officials.
However, USCIS also has the authority to issue NTAs in limited circumstances defined in policy memorandums issued by the agency.
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