- Starting March 1, 2026, the premium processing fee for I-140 immigrant worker petitions and most Form I-129 nonimmigrant worker petitions will increase to $2,965, from $2,805. Fees for premium processing of certain I-129 petitions for nonimmigrant workers, I-539 petitions to extend/change nonimmigrant status, and I-765 EADs for OPT and STEM classifications will also increase.
- The new fees apply to filings postmarked on or after March 1, 2026.
Articles Posted in I-140
Nebraska Federal Court Orders USCIS to Approve EB-1A After Unlawful “Final Merits” Denial
On January 28th a federal judge in Nebraska ruled that U.S. Citizenship and Immigration Services (USCIS) must approve an EB-1A petition that was previously denied, based on the court’s finding that the “final merits requirement,” was unlawfully adopted by USCIS.
What Happened in the EB-1A Case?
On January 28, 2026, a U.S. District Court judge in Nebraska issued a decision in Mukherji v. Miller in favor of an EB-1A applicant who challenged the denial of her I-140 petition. The case focused on USCIS’s practice of applying a “final merits determination,” an additional layer of review that goes beyond evaluating whether an applicant meets the regulatory criteria for the EB-1A classification.
USCIS Announces Premium Processing Fees Will Increase Effective March 1st
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.
Contact Us. If you would like to schedule a consultation, please text 619-483-4549 or call 619-819-9204.
Helpful Links
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October 2025 Visa Bulletin – Start of Fiscal Year Brings Moderate Movement in EB Final Action Dates and Significant Movement in EB Dates for Filing, Family Sponsored Final Actions Dates Also Show Major Movement
We are pleased to report that today the U.S. Department of State’s Bureau of Consular Affairs published the October 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 adjustment of status filings to permanent residence in the month of October, USCIS will be using the Dates for Filing Chart for the employment-based and family-sponsored categories.
Highlights of the October 2025 Visa Bulletin
At a Glance
What can we expect to see in the month of October?
Employment-Based Categories
Final Action Advancements
- At the start of the new fiscal year in October, the Final Action Dates for several EB-1, EB-2 and EB-3 countries will move forward, but none will advance by more than three and a half months, except for two notable exceptions:
- EB-3 Other Workers China which will advance by 7 months and
- The Final Action Date for EB-5 India will advance by almost 14 months
July Visa Bulletin: Major Movement for Family Sponsored Categories, and EB-3 Final Action Dates
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-1 China will advance by 1 week to November 15, 2022
EB-2 Members of the Professions and Aliens of Exceptional Ability
- EB-2 China will advance by 2 weeks to December 15, 2020
June Visa Bulletin: Major Movement for EB-2 NIW Employment-Based Category and Modest Movement for Some Family-Sponsored Categories
We are pleased to report that today the U.S. Department of State’s Bureau of Consular Affairs published the June 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 June.
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 June.
Please click here for more information.
Highlights of the June 2025 Visa Bulletin
At a Glance
What can we expect to see in the month of June?
Employment-Based Categories
Dates for Filing Advancements
EB-2 Members of the Professions and Aliens of Exceptional Ability
- EB-2 China will advance by 2 months to January 1, 2021
- EB-2 All countries, except India will advance by 3.5 months to November 15, 2023
EB-3 Professionals and Skilled Workers
- EB-3 China will advance by 1.2 months to December 22, 2020
EB-3 Other Workers
- EB-3 All countries, except India and China will advance by 1 month to July 22, 2021
May Visa Bulletin: Minimal Movement for Employment-Based Categories and Modest Movement for Some Family-Sponsored Categories
We are pleased to report that today the U.S. Department of State’s Bureau of Consular Affairs published the May 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 May.
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 May.
Please click here for more information.
Highlights of the May 2025 Visa Bulletin
At a Glance
What can we expect to see in the month of May?
Employment-Based Categories
Dates for Filing Advancements
- No change
Final Action Advancements & Retrogressions
EB-3 Professionals and Skilled Workers
- EB-3 India will advance by 2 weeks to April 15, 2013
EB-3 Other Workers
- EB-3 India will advance by 2 weeks to April 15, 2013
EB-5 Unreserved Categories (C5, T5, I5, and R5)
- India will retrogress by 6 months to May 1, 2019
The April Visa Bulletin Brings Modest Advancements Across All Categories
We are pleased to report that today the U.S. Department of State’s Bureau of Consular Affairs published the April 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 April.
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 April.
Please click here for more information.
Highlights of the April 2025 Visa Bulletin
At a Glance
What can we expect to see in the month of April?
Employment-Based Categories
Dates for Filing Advancements
EB-2 Members of the Professions and Aliens of Exceptional Ability
- EB-2 India will advance by 1 month to February 1, 2013
- EB-2 China will advance by 1 month to November 1, 2020
EB-3 Other Workers
- EB-3 Worldwide, Mexico, and the Philippines will advance by 1 month to June 22, 2021
March 2025 Visa Bulletin: Major Advancements in EB-2 and EB-3 Final Action Dates, Retrogression of EB-4, and Minimal Movement in Family Sponsored Final Action Dates
We are pleased to report that today the U.S. Department of State’s Bureau of Consular Affairs published the March 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 March.
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 March.
Please click here for more information.
Highlights of the March 2025 Visa Bulletin
At a Glance
What can we expect to see in the month of March?
Employment-Based Categories
Dates for Filing
- No change from previous month
Final Action Advancements & Retrogressions
EB-2 Members of the Professions and Aliens of Exceptional Ability
- EB-2 India will advance by more than six weeks to December 1, 2012
- EB-2 China will advance by two weeks to May 8, 2020
- EB-2 All other countries will advance by six weeks to May 15, 2023
EB-3 Professionals and Skilled Workers
- EB-3 India will advance by almost seven weeks to February 1, 2013
- EB-3 China will advance by one month to August 1, 2020
EB-3 Other Workers
- EB-3 India will advance by almost seven weeks to February 1, 2013
- EB-3 Philippines will advance by five weeks to January 15, 2021
- EB-3 All other countries will advance by almost two months to February 1, 2021
EB-4 Religious Workers
- EB-4 All countries retrogressed by seventeen months to August 1, 2019
BREAKING NEWS: U.S. Citizenship and Immigration Services (USCIS) Waives the COVID-19 Vaccination Requirement for Adjustment of Status (Green Card) Applicants
Are you applying for adjustment of status to lawful permanent residence (a green card)?
If so, you will be pleased to know that on January 22, 2025, the U.S. Citizenship and Immigration Services (USCIS) announced that it is waiving any and all requirements for the COVID-19 vaccination on the Form I-693, Report of Immigration Medical Examination and Vaccination Record.
As a result, adjustment of status (green card) applicants will no longer be required to present evidence that they have received the COVID-19 vaccination.
USCIS will also not deny any adjustment of status application based on an applicant’s failure to present documentation that they received the COVID-19 vaccination.
Due to this new policy, USCIS will no longer issue any Request for Evidence (RFE) or Notice of Intent to Deny (NOID) related to proving a COVID-19 vaccination.
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