US Visa Fee Changes: Regulatory & Court Timeline

U.S. Citizenship and Immigration Services (USCIS) derives approximately 96% of its operating budget from user fee collections. Over the past three years, the agency has enacted significant fee restructuring, introduced controversial new surcharges, and faced multiple federal court challenges.

Here is the comprehensive regulatory and litigation timeline that shapes current visa application costs in 2026.

April 1, 2024: The Comprehensive Fee Schedule Overhaul

Following notice-and-comment rulemaking published in early 2024, USCIS implemented its first comprehensive fee adjustment since 2016. Key structural changes included:

• Form I-129 Disaggregation: Petitioners no longer pay a uniform filing fee. Base fees were split: H-1B ($780), L-1 ($1,385), and O-1 ($1,055).
• The Asylum Program Fee: A mandatory $600 surcharge added to all I-129 and I-140 petitions ($300 for companies with ≤25 employees; $0 for 501(c)(3) nonprofits).
• H-1B Electronic Registration: Adjusted from the nominal $10 fee to $215 per beneficiary.
• Online Filing Discounts: A $50 reduction applied to certain forms when filed digitally (e.g. Form N-400 and Form I-90).

February 2024 & March 2026: Premium Processing Adjustments

Premium processing fees have been indexed upward to keep pace with inflation:

• Form I-129 (H-1B, L-1, O-1, TN) & Form I-140: Increased to $2,805 in early 2024, and to $2,965 in 2026.
• Form I-765 (F-1 OPT/STEM OPT): Established at $1,685 and subsequently indexed to $1,780.

The 2025–2026 $100,000 Supplemental Fee Litigation

An executive proclamation attempted to impose a temporary $100,000 supplemental fee on certain specialty occupation petitions. In June 2026, a federal district court vacated the fee, finding the administration exceeded its statutory authority. On July 24, 2026, the First Circuit Court of Appeals denied an emergency motion to reinstate collections.

While the proclamation framework has been maintained in administrative notices through September 2027, the fee remains legally uncollectible under active injunction.

Pub. L. 119-21: The Visa Integrity Surcharge

Enacted on July 4, 2025, Public Law 119-21 established a $250 Visa Integrity Fee for nonimmigrant visa issuance at consular posts. Because overseas consular posts have begun enforcement on staggered schedules, applicants should confirm specific collection protocols with their processing embassy or consulate prior to their interview.