The 2027 immigration budget: every government fee change an employer should forecast

An immigration budget used to move with headcount. For 2027 it also moves with rulemaking: some fees are already in force, one is suspended by a court order, and the largest ones are still proposals. Finance needs to see all three, labelled as such.

Column one: in force

The premium processing rule raised fees from 1 March 2026 by the 5.72 percent inflation adjustment the statute allows every two years:

• Form I-129 for most employment classifications, including H-1B, L-1, O-1 and TN, and Form I-140: $2,965, up from $2,805.
• Form I-129 for H-2B or R-1: $1,780, up from $1,685.
• Form I-765 categories eligible for premium processing: $1,780, up from $1,685.
• Form I-539 for F, J and M students and exchange visitors: $2,075, up from $1,965.

The EB-5 schedule changes on 30 November 2026, with the regional center petition at $7,850 and the I-829 at $5,000, as set out in EB-5 fees from 30 November. The current amounts for every form are on the USCIS fee schedule, Form G-1055.

Column two: contingent

The $100,000 payment for certain new H-1B workers abroad has been renewed by proclamation but is not collected while a court vacatur stands, as described in the status of the $100,000 payment. It belongs in the budget as a contingency on hires abroad, not as a cost.

Column three: proposed

• A $103,265 fee per cap-subject H-1B petition, discussed in the proposed cap fee.
• OPT fees of $70,000 for initial OPT and $30,000 for subsequent OPT, applicable to the recommending school, proposed on 8 October 2026.
• Higher prevailing wages under DOL's proposal, which the agency estimates at about $14,000 a year on average per certified wage.

Each needs a probability and a likely start date, not a single number.

Turning fees into decisions

Fee changes matter most where they alter a decision. Premium processing is still usually the cheapest certainty, for the reasons in premium processing ROI and when it helps. The proposed cap fee, by contrast, could change whether a role is filled through H-1B at all. Run both through the monthly carrying-cost model so that fees and delay are compared on the same basis.

The budget should also carry a line for the occasional delay suit, priced as a fixed fee per case. The economics of that line for employment petitions are on Mandamus.com's I-140 mandamus page.

Time is a cost line too

Government fees are the visible part of the budget. Waiting time is usually larger. As of early October 2026 the Department of Labor reported average PERM processing of 336 days, as set out in FLAG processing times, October 2026. A budget that shows every fee to the dollar and no line for months of delay will mislead the reader; the carrying-cost method converts both into the same unit so that a $2,965 premium fee can be set against the months it removes.

Questions

When will premium processing fees rise again?

The statute allows DHS to adjust them for inflation every two years. The last adjustment took effect on 1 March 2026.

Should the $100,000 payment be budgeted?

As a contingency for hires abroad, not as a committed cost, while the court vacatur remains in effect.

Who would pay the proposed OPT fees?

The proposal applies them to the SEVP-certified school that recommends the student for OPT. How schools would pass on the cost is not addressed in the proposal.

General information, not legal advice. Rules and processing practice change; verify against the agency's own published figures and take advice on your own facts.