EB-1C Government Filing Fees — Current Costs

Understanding EB-1C Filing Costs

USCIS adjusts filing fees through fee rules published in the Federal Register. The amount you pay for Form I-140 (the petition form for all employment-based first-preference categories, including EB-1C) is not set by statute and can change with each new fee schedule. What you find on a blog post from last year, or even six months ago, may already be wrong.

The EB-1C category covers multinational managers and executives transferring to a U.S. office of the same employer (or a subsidiary, parent, affiliate, or branch). The petition is employer-filed, and the employer pays the government fees. Those fees include the I-140 filing fee itself, plus optional premium processing if the employer wants a guaranteed response window. Both amounts are controlled by USCIS fee rules, not by law firm pricing or market custom.

This article explains what fees the EB-1C process requires, where those fees come from, what drives changes, and how to confirm the current amounts before you file. It does not predict your case outcome or promise any timeline — those depend on individual facts USCIS evaluates against regulatory criteria you will read about here.

What the Government Charges For

The EB-1C petition requires Form I-140, Immigrant Petition for Alien Workers. USCIS charges a filing fee for processing that form. The fee covers intake, initial review, requests for evidence if the officer needs clarification, and the adjudication itself. It does not guarantee approval — it pays for the government's work evaluating the petition against the standard in 8 CFR 204.5(j).

If the employer chooses premium processing, USCIS charges a separate fee for that service. Premium processing does not change the adjudication standard or improve the odds of approval. It changes the response timeline: instead of waiting for standard processing (which varies by service center and workload), the employer receives a decision, request for evidence, or notice of intent to deny within the premium processing window. As of 2026, that window is typically 15 business days, but the exact commitment is stated in the current premium processing policy, which you should verify at uscis.gov before paying for it.

No other mandatory government fees exist at the I-140 stage. The petition itself does not require biometrics, and there is no visa application fee until the beneficiary moves to the consular processing or adjustment of status stage later. The I-140 stage is petition-only: the employer asks USCIS to classify the beneficiary as an EB-1C immigrant, and the fees reflect that single transaction.

How USCIS Sets and Changes Fees

USCIS operates under a fee-funded model: the agency collects fees for the services it provides and uses those fees to cover operating costs. Congress authorizes USCIS to set fees through rulemaking, and the agency publishes proposed fee schedules in the Federal Register, accepts public comment, and issues final rules that take effect on a specified date.

Fee rules can raise or lower individual form fees, add new fee categories, eliminate old ones, or restructure how costs are distributed across the system. A rule published in one administration may be challenged, revised, or replaced by a subsequent administration. The result is that no fee amount is permanent. What you paid two years ago is not necessarily what you will pay today, and what the official fee schedule lists today is not necessarily what it will list next quarter.

This volatility is why any article stating a specific I-140 fee or premium processing fee without an as-of date is already suspect. The number may be accurate on the day it was written and wrong by the time you read it. The durable principle is this: the current fee is whatever USCIS lists on its official fee schedule at uscis.gov/forms at the time you file. Confirm it there, not from secondary sources.

Where to Find Current EB-1C Filing Fees

The authoritative source for all USCIS filing fees is the USCIS fee schedule page at uscis.gov. Navigate to the "Forms" section, locate Form I-140, and check the fee listed. The page also links to the current premium processing fee if premium processing is available for that form. USCIS updates this page when a new fee rule takes effect, so the number you see there is the number currently in force.

If USCIS has published a fee rule that is not yet in effect — meaning the Federal Register notice specifies a future effective date — the fee schedule page will note the upcoming change and the date it takes effect. Do not pay the new fee before that date; do not pay the old fee after it. The filing date controls which fee applies, and paying the wrong amount creates a rejection risk before the petition is even reviewed.

The Law Offices of Peter D. Chu does not set these fees and cannot waive them. Government filing fees are paid to USCIS, not to the law firm. The firm's own consultation fee is $250, which covers the initial case evaluation and strategy discussion — a separate transaction from the government filing fees you will pay later if you proceed with the petition.

What the Fee Does NOT Cover

The I-140 filing fee covers USCIS's work adjudicating the petition. It does not cover:

• Attorney fees for preparing the petition, gathering evidence, drafting the support letter, and responding to any RFE
• Translation costs if any supporting documents are in a language other than English
• Credential evaluation fees if the beneficiary's foreign degree needs an equivalency report
• Fees for obtaining corporate documents, tax records, organizational charts, or other evidence from the petitioning employer
• The DS-260 immigrant visa application fee (if the beneficiary will process through a U.S. consulate abroad) or the I-485 adjustment of status filing fee (if the beneficiary will adjust status in the United States) — both of which come later, after I-140 approval
• Medical examination costs, required at the visa or adjustment stage
• Any state bar fees, notarization costs, or courier fees incurred in assembling the filing package

The I-140 fee is one line item in a larger budget. Employers filing EB-1C petitions should plan for the full cost of professional preparation in addition to the government fee, because the petition's success depends on the quality and organization of the evidence file, not just on paying USCIS.

Premium Processing: What It Costs and What It Does

Premium processing is optional. If the employer pays the premium processing fee along with the I-140 filing fee, USCIS commits to responding within the published premium processing window — currently 15 business days as of early 2026, though you should verify the current commitment at uscis.gov before relying on that number. The response can be an approval, a denial, a request for evidence, or a notice of intent to deny. Premium processing does not bias the outcome toward approval; it guarantees speed, not success.

The premium processing fee is significantly higher than the base I-140 fee — as of early 2026, USCIS lists it separately on the fee schedule, and it is paid in addition to the I-140 fee, not instead of it. Confirm both amounts on the USCIS fee schedule before filing.

Employers choose premium processing when timing matters: an executive's current status is expiring, a project launch depends on the beneficiary's availability, or the employer simply wants certainty about the petition's status within a known window. Premium processing does not make a weak petition strong, but it does make a strong petition's timeline predictable.

Fee Payment Mechanics

USCIS accepts payment by check, money order, or credit card (via Form G-1450 submitted with the petition). The check or money order must be drawn on a U.S. bank and made payable to "U.S. Department of Homeland Security." Do not abbreviate it as "USDHS" or "DHS" — write the full name. The amount must exactly match the current fee. Overpayment may result in rejection; underpayment will.

If paying by credit card, complete Form G-1450 and include it on top of the filing package. USCIS will charge the card and mail a receipt notice to the petitioner. If the charge is declined, USCIS will reject the petition and return the package without filing it. Confirm that the card has sufficient credit and that the billing address on G-1450 matches the card's billing address.

Premium processing requires a separate check or money order (or a separate line on G-1450 if paying both fees by card). Do not combine the I-140 fee and the premium processing fee into one payment instrument unless the filing instructions specifically permit it — current practice is to pay them separately.

Comparing EB-1C to Other EB-1 Subcategories

All EB-1 subcategories pay the same I-140 filing fee because they all use the same form. The difference is in eligibility criteria and the evidence burden, not in what USCIS charges to process the petition.

What If the Fee Changes Between Preparation and Filing?

Here's the honest answer: if USCIS publishes a new fee rule while your petition is being prepared, and that rule takes effect before you file, you pay the new fee. There is no grandfathering for petitions "in progress" but not yet submitted. The filing date — meaning the date USCIS receives the package — controls which fee schedule applies.

If you know a fee increase is coming (because USCIS has published the rule with a future effective date), filing before that date locks in the current fee. But rushing a petition to beat a fee deadline is only worthwhile if the petition is ready. An incomplete or poorly organized filing submitted early to save a few hundred dollars on the fee can cost far more in RFE response time, potential denial, and refiling.

Monitor the Federal Register and the USCIS policy alerts page if you are preparing an EB-1C petition and a fee rule is pending. The Law Offices of Peter D. Chu tracks these changes as part of case management, but the responsibility to confirm the applicable fee at filing remains with the petitioner.

What If We Paid the Wrong Fee?

If you submit a petition with an incorrect fee — either underpayment or payment based on an outdated schedule — USCIS will reject the petition and return the entire package unfiled. Rejection means the petition never entered the adjudication queue. You do not receive a receipt notice, no priority date is established, and the payment is returned (though processing the return can take weeks).

To fix it, confirm the current fee on the USCIS fee schedule, prepare a new check or money order for the correct amount, and refile the petition. The filing date will be the new submission date, not the original one. If the beneficiary's status depends on the petition being filed by a certain date (for example, to extend H-1B status beyond the six-year limit under AC21 provisions), a rejected filing can create a gap that requires departing the United States or switching to another status.

Double-check the fee before mailing the petition. This is one of the simplest errors to prevent and one of the most disruptive when it occurs.

What If Premium Processing Is Suspended?

USCIS occasionally suspends premium processing for specific forms or at specific service centers, usually when the agency reallocates resources to reduce standard processing backlogs. Suspension announcements appear on the USCIS website and in email alerts to stakeholders. During a suspension, premium processing is unavailable — meaning you cannot pay the fee and you cannot force a 15-day response window.

If premium processing is suspended when you are ready to file, your options are to file under standard processing or wait until USCIS lifts the suspension. There is no workaround. USCIS does not accept premium processing fees during a suspension, and paying the fee anyway will result in rejection or refund.

Check the USCIS premium processing page for I-140 before filing if you are counting on the expedited timeline. The page lists current suspensions by form and service center.

Why EB-1C Fees Are Lower Than the Full Immigration Cost

The I-140 filing fee pays for one stage of a multi-stage process. After USCIS approves the I-140, the beneficiary must either adjust status in the United States (Form I-485, which has its own filing fee, biometrics fee, and medical exam requirement) or apply for an immigrant visa abroad (DS-260, with a separate visa application fee and consular processing costs). The I-140 approval establishes eligibility for the EB-1C classification, but it does not, by itself, confer permanent residence.

Employers and beneficiaries should budget for the full arc: I-140 filing (and premium processing if chosen), then either adjustment or consular processing, then the cost of maintaining status until the green card is issued. The I-140 fee is the smallest line item in that budget, but it is the first mandatory one. Get it right.

Consulting on EB-1C Strategy

Filing fee questions often arise during the initial case evaluation, when the employer is deciding whether to proceed with an EB-1C petition or explore other visa categories. The Law Offices of Peter D. Chu offers consultations to assess whether the beneficiary meets the EB-1C standard, whether the U.S. and foreign entities have the required qualifying relationship, and what evidence the petition will need. The consultation fee is $250, paid to the firm, and it covers the attorney's time reviewing the case facts and outlining a filing strategy.

Government filing fees are discussed during that consultation as part of the overall cost analysis, but the firm does not collect them at that stage. USCIS fees are paid later, when the petition is filed, and they are paid directly to USCIS, not to the law firm. Separating the consultation fee from the government fee helps employers understand what each payment covers: the $250 pays for legal analysis and advice; the I-140 fee (and premium processing fee, if applicable) pays for USCIS's adjudication work.

Reach the firm at 858-268-8823 or visit our law firm page to schedule a consultation. The office is located at 4615 Convoy St, San Diego, CA 92111, and consultation hours are Monday through Friday, 8:30 AM to 5:30 PM.

The Legal Disclaimer

This article provides general information about EB-1C government filing fees and the process of confirming current costs. It is not legal advice and does not create an attorney-client relationship between the reader and the Law Offices of Peter D. Chu. Immigration outcomes depend on individual facts, the strength of the evidence file, USCIS's evaluation of that evidence against regulatory criteria, and factors outside any party's control. Do not rely on this article as a substitute for consulting a licensed immigration attorney about your specific situation. Fee amounts, premium processing availability, and USCIS policies change; confirm all procedural details on uscis.gov or with an attorney before filing.

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.