EB-1B Government Filing Fees — Current Costs & Process

Understanding EB-1B Government Filing Fees

USCIS fee structures change through published fee rules, and the EB-1B employment-based second-preference category for outstanding professors and researchers is no exception. The total government cost depends on whether the beneficiary adjusts status inside the U.S. or undergoes consular processing abroad, whether premium processing is requested, and whether biometrics or other ancillary services apply. Each component is governed by a different fee schedule, and no single number applies to every EB-1B case.

The EB-1B category under Section 203(b)(1)(B) of the Immigration and Nationality Act requires employer sponsorship, typically a university or research institution. The employer files Form I-140, Immigrant Petition for Alien Worker, on behalf of the beneficiary. If the petition is approved, the beneficiary then applies for permanent residence either through Form I-485 (adjustment of status, if already in the U.S.) or through consular processing at a U.S. embassy or consulate abroad. Each step carries its own filing fee, and fees are set by USCIS regulation, not by statute.

What USCIS Charges for Form I-140

As of January 2026, USCIS lists the Form I-140 filing fee on the official fee schedule at uscis.gov/forms. This fee covers adjudication of the immigrant petition and is paid by the sponsoring employer. The I-140 fee applies to all employment-based preference categories, including EB-1B, and is the same regardless of the beneficiary's country of origin or field of research.

The I-140 filing fee is paid to USCIS at the time of filing and is non-refundable, even if the petition is denied. Payment methods include check, money order, or credit card via Form G-1450. USCIS does not accept cash. The fee must match the amount listed on the fee schedule at the time of filing; outdated fee amounts will result in rejection of the package.

Form I-140 adjudication does not include employment authorization or advance parole. Those benefits are tied to Form I-485 or separate work authorization applications, each with their own fees.

Premium Processing Service for Form I-140

Premium processing is an optional expedited service available for Form I-140 petitions. As of January 2026, USCIS lists the premium processing fee on the fee schedule for Form I-907, Request for Premium Processing Service. Premium processing guarantees a response—approval, denial, notice of intent to deny, or request for evidence—within a specified number of calendar days from the date USCIS receives the I-907 form and fee.

The premium processing fee is paid in addition to the base I-140 filing fee and is also non-refundable. If USCIS fails to adjudicate within the guaranteed window, the premium processing fee is refunded, but the case continues to be processed without further delay penalties.

Premium processing does not guarantee approval. It guarantees only the timeline. A case adjudicated under premium processing is evaluated under the same evidentiary standard as a case processed through the standard queue. Premium processing is requested by filing Form I-907 concurrently with Form I-140 or after the I-140 has been filed but before it is adjudicated. Confirm current premium processing availability and the guaranteed response window on the USCIS website before filing, as USCIS occasionally suspends premium processing for specific form types or categories when service center backlogs reach critical levels.

Adjustment of Status Filing Fees (Form I-485)

If the EB-1B beneficiary is already in the United States in valid nonimmigrant status and an immigrant visa number is immediately available, the beneficiary may apply for adjustment of status by filing Form I-485, Application to Register Permanent Residence or Adjust Status. As of January 2026, USCIS lists the I-485 filing fee on the official fee schedule. The fee varies by age: one amount for applicants under 14 filing with a parent, a different amount for applicants under 14 not filing with a parent, and a third amount for applicants 14 and older.

The I-485 fee typically includes the cost of biometrics (fingerprinting and photographing for background checks). Applicants 14 and older pay the full I-485 fee, which covers both adjudication and biometrics. Applicants under 14 pay a reduced fee if filing with a parent who is also applying for adjustment. Confirm the current breakdown on the USCIS fee schedule, as fee rule changes periodically adjust these amounts and the services included.

Adjustment of status applicants may also file Form I-765 (Application for Employment Authorization) and Form I-131 (Application for Travel Document, advance parole) concurrently with Form I-485. As of recent fee rule changes, certain I-485 applicants qualify for fee-free filing of I-765 and I-131 when filed together. Verify the current rule on the USCIS fee schedule to determine whether additional fees apply in your situation.

Consular Processing Fees (Department of State)

If the beneficiary applies for an immigrant visa from outside the United States, the process is handled by the U.S. Department of State, not USCIS, after the I-140 is approved. Consular processing involves several fees, set by DOS and listed on the Consular Electronic Application Center (travel.state.gov) and the Department of State's fee schedule.

The primary consular processing fee is the immigrant visa application processing fee, paid to DOS after the National Visa Center (NVC) sends the case to the consular post. This fee is per applicant and covers visa interview scheduling and adjudication. Derivative family members (spouse and unmarried children under 21) each pay the same fee.

Additional DOS fees may include the Affidavit of Support review fee (if applicable) and the USCIS Immigrant Fee, paid after visa issuance but before the visa holder enters the United States. The USCIS Immigrant Fee funds production of the green card and is paid online at uscis.gov/uscis-immigrant-fee. Confirm the current amounts on the DOS and USCIS fee schedules before budgeting, as these fees change independently of the I-140 filing fee.

Consular processing does not involve Form I-485, so adjustment of status fees do not apply. However, the beneficiary must still pay for the medical examination, required vaccinations, and civil documents (birth certificates, police certificates, translations) as part of consular processing. These are third-party costs, not government fees, and vary by country and provider.

What If My Employer Pays Some Fees But Not Others?

Immigration law permits employers to pay certain EB-1B filing fees but prohibits them from passing others to the employee. The employer must pay the Form I-140 filing fee and any associated premium processing fee under Department of Labor regulations and USCIS policy. An employer that requires the beneficiary to reimburse these amounts violates wage and labor standards.

However, the beneficiary is responsible for adjustment of status fees (Form I-485, I-765, I-131) and consular processing fees (DOS immigrant visa fees, USCIS Immigrant Fee). Employers may choose to pay these as a benefit, but they are not required to do so. Confirm the cost-sharing arrangement in writing before the I-140 is filed to avoid misunderstandings later.

Some employers cover all government fees as part of the relocation package, particularly universities recruiting international faculty. Others cover only the mandatory I-140 and I-907 costs. The legal requirement is clear: the employer cannot shift I-140 or premium processing costs to the employee, but adjustment or consular fees are the employee's responsibility unless the employer voluntarily assumes them.

What If I File I-485 Concurrently With I-140?

When an immigrant visa number is immediately available in the EB-1B category, USCIS permits concurrent filing: the employer files Form I-140 and the beneficiary files Form I-485 at the same time, in the same package. Concurrent filing does not reduce the total fees—both the I-140 fee and the I-485 fee are due—but it eliminates the wait between I-140 approval and adjustment application.

Concurrent filing is common in EB-1B cases because visa numbers are typically current for this category. Check the monthly Visa Bulletin published by the Department of State to confirm that the EB-1B Final Action Date is current for your country of chargeability before filing concurrently. If the date is not current, the I-485 will be rejected and the fee refunded, but the I-140 will continue to be processed.

Premium processing applies only to Form I-140, not to Form I-485. Even when filed concurrently with an I-140 under premium processing, the I-485 is adjudicated through the standard processing queue. Current I-485 processing times are listed on the USCIS website by field office or service center. Plan around those timelines, not the I-140 premium processing window.

What If Fees Change After I File?

USCIS fee rules are published in the Federal Register and take effect on a specified future date, typically 60 to 90 days after publication. Once a fee rule is final, new filings must pay the new amount. However, the fee in effect at the time you file governs your case, even if fees increase while your petition is pending.

If you file Form I-140 today and USCIS publishes a fee increase tomorrow, you pay today's fee, not the new one. Conversely, if you wait until after the fee increase takes effect, you must pay the new amount. Fee increases do not apply retroactively to cases already filed.

Requests for evidence (RFEs), motions to reopen, motions to reconsider, and appeals are governed by the fee schedule in effect when the motion or appeal is filed, not when the underlying petition was filed. Confirm the current fee for the specific form or motion type on uscis.gov/forms before submitting.

Here's the Honest Answer: Government Fees Are Only Part of the Total Cost

The USCIS and DOS fees listed on official schedules are what the government charges to process your case. They are not the total cost of obtaining an EB-1B green card. Most petitioners also pay for legal representation, document preparation, translations, credential evaluations, medical examinations, travel to the consular interview (if consular processing), and civil document procurement.

Legal fees vary by firm and are set by the market, not by regulation. The Law Offices of Peter D. Chu charges a $250 initial consultation fee to evaluate your EB-1B eligibility and outline the process specific to your situation. Full representation fees depend on case complexity, whether concurrent filing is possible, and whether premium processing or an RFE response is required. Government fees and attorney fees are separate line items; one does not include the other.

Budget for the full cost before starting the process. An approved I-140 petition is valuable, but if you cannot afford the I-485 or consular processing fees after approval, the petition alone does not grant you permanent residence. Confirm what the employer will pay and what you must cover before the I-140 is filed.

Checking the Current Fee Schedule

USCIS maintains the official fee schedule at uscis.gov/forms. Navigate to the specific form (I-140, I-485, I-907) to confirm the current filing fee. Each form page lists the fee, accepted payment methods, and whether the fee includes biometrics or other ancillary services. The fee schedule is updated whenever a new fee rule takes effect, so verify the amount immediately before filing, not weeks or months in advance.

The Department of State publishes consular processing fees at travel.state.gov under the Visa Services section. The fee schedule breaks down immigrant visa application fees, Affidavit of Support fees, and other consular charges. DOS fees are listed in U.S. dollars but are often collected in local currency at the consular post, converted at the official exchange rate on the day of payment.

USCIS does not provide fee estimates or projections. If you are planning an EB-1B petition months in advance and a fee rule is pending, monitor the Federal Register for the final rule publication and effective date. Budget for the higher amount if the effective date falls before your anticipated filing date.

What Fees Do Not Cover

Government filing fees cover adjudication of the specific form submitted. They do not cover legal advice, case strategy, document review, or representation at an interview. The I-140 fee does not include employment authorization; that requires a separate I-765 application. The I-485 fee does not include a replacement green card if yours is lost; that requires Form I-90 and a separate fee.

Premium processing fees guarantee a response timeline, not approval. A denied I-140 under premium processing is still denied, and the premium fee is not refunded unless USCIS missed the adjudication deadline. Approval under premium processing carries no greater weight or durability than approval through standard processing.

Biometrics fees are typically included in the I-485 filing fee for applicants 14 and older, but USCIS may require a second biometrics appointment if the first set expires before adjudication is complete. No additional fee is charged for the second appointment, but it does require the applicant to appear in person at the designated Application Support Center.

Legal Disclaimer

This article provides general information about EB-1B government filing fees and is not legal advice. Fee amounts change by regulation, and the current fee schedule published by USCIS and the Department of State governs your case. Individual circumstances—employer sponsorship, concurrent filing eligibility, country of chargeability, derivative beneficiaries—affect which fees apply and in what amounts. Reading this article does not create an attorney-client relationship with the Law Offices of Peter D. Chu or any reviewing attorney. Consult a licensed immigration attorney to determine the fees specific to your situation and confirm the amounts on the official USCIS and DOS fee schedules before filing any application.

For a detailed assessment of your EB-1B eligibility and a breakdown of all costs—government fees, legal fees, and third-party expenses—contact the Law Offices of Peter D. Chu at 858-268-8823 or visit our website. Our office is located at 4615 Convoy St, San Diego, CA 92111, and we are available Monday through Friday, 8:30 AM to 5:30 PM. The initial consultation fee is $250. We serve clients throughout San Diego and Southern California in English, Mandarin, Cantonese, Vietnamese, and French.

Schedule a consultation with the Law Offices of Peter D. Chu — 4615 Convoy St, San Diego, CA 92111 · 858-268-8823 · Mon–Fri, 8:30 AM–5:30 PM. Consultation fee: $250.