EB-2 Government Filing Fees — Current Costs Explained

What EB-2 Government Filing Fees Actually Cover

Most people assume the EB-2 petition fee is the main expense. The reality is that the I-140 petition is only the first invoice in a multi-stage process. Between petition approval and green card issuance, USCIS collects additional fees for adjustment of status, biometrics services, and — for some filers — premium processing. DOS charges consular processing fees for applicants adjusting outside the United States. Medical examinations, though not paid directly to the government, are mandatory expenses set by panel physicians under government contract. Together, these costs form a total that often surprises applicants who budgeted for the petition alone.

Understanding the full fee structure matters for two reasons. First, USCIS publishes fee schedules that change every few years, sometimes mid-process. A petition filed under one fee rule may face adjustment costs under another. Second, the sequence of payments is not intuitive — some fees are due at filing, others at biometrics appointments, and others after approval but before visa issuance. Missing a deadline or underpaying a fee by even a dollar can delay adjudication or result in rejection. The Law Offices of Peter D. Chu reviews current fee schedules with every EB-2 client before filing to ensure accurate budgeting and timely payment.

EB-2 is the employment-based second preference category under the Immigration and Nationality Act. It covers foreign nationals with advanced degrees or exceptional ability in the sciences, arts, or business. The category requires employer sponsorship through a PERM labor certification in most cases, though National Interest Waiver (NIW) applicants petition without employer involvement. Regardless of the sponsorship route, the government fee structure applies uniformly to all EB-2 filers.

The I-140 Immigrant Petition Fee

Form I-140, Immigrant Petition for Alien Workers, is the initial filing in the EB-2 process. USCIS charges a filing fee for this petition. As of 2026, USCIS lists the I-140 fee on its official fee schedule at uscis.gov/forms. Fee amounts change periodically through Federal Register rulemaking, so confirm the current amount before filing. The petition fee is paid by the employer or, in NIW cases, by the foreign national directly.

The I-140 fee does not cover any subsequent processing. It secures adjudication of the petition only. Once approved, the petition establishes the foreign national's eligibility for an EB-2 immigrant visa number. It does not, by itself, result in lawful permanent residence. That requires either adjustment of status if the applicant is in the United States, or consular processing if the applicant is abroad. Each of those steps carries separate fees.

Premium processing is available for I-140 petitions. As of 2026, USCIS offers premium processing for an additional fee listed on the Form I-907 instructions. Premium processing guarantees a 15-business-day response — approval, denial, or request for evidence. It does not guarantee approval, and it does not expedite the overall green card timeline, since adjustment or consular processing follows its own schedule regardless of how quickly the I-140 is adjudicated. Employers often pay for premium processing when the foreign national's status depends on timely approval or when the priority date is approaching current status in the visa bulletin.

Adjustment of Status Fees — I-485 and Biometrics

Applicants already in the United States adjust status by filing Form I-485, Application to Register Permanent Residence or Adjust Status. USCIS charges a filing fee for I-485, listed on the current fee schedule. The I-485 fee is age-tiered: applicants under 14 filing with a parent pay a reduced fee. The fee includes biometrics services, so no separate biometrics fee is charged for I-485 filers as of the current fee structure.

The I-485 fee is paid by the foreign national, not the employer. It is due at the time of filing. USCIS does not accept installment payments or deferrals. An I-485 filed with insufficient fees or an incorrect fee amount is rejected without adjudication. The rejected package is returned, and the applicant must refile with the correct fee, losing any processing time accumulated.

Biometrics collection — fingerprints, photograph, and signature — is mandatory for I-485 applicants aged 14 and older. USCIS schedules the appointment after receiving the I-485, usually within 4–8 weeks of filing. The biometrics fee is included in the I-485 filing fee, so applicants do not pay separately at the appointment. Failure to attend the biometrics appointment without rescheduling can result in denial of the I-485 for abandonment.

Dependents — spouses and unmarried children under 21 — file their own I-485 applications concurrently or after the principal applicant. Each dependent pays the full I-485 fee. A family of four pays four I-485 fees, four sets of medical exam costs, and any applicable biometrics fees. The total family cost often exceeds the principal applicant's individual budget.

Consular Processing Fees — DOS Immigrant Visa Application

Applicants adjusting status outside the United States complete consular processing through the Department of State. After USCIS approves the I-140 and a visa number becomes available, the National Visa Center collects fees and documents. The immigrant visa application fee is listed on the DOS fee schedule at travel.state.gov. This fee is paid per applicant, including dependents. It covers visa processing, the consular interview, and visa issuance if approved.

The DOS fee is separate from the USCIS I-140 fee. Consular applicants pay both — the I-140 fee to USCIS for petition adjudication, and the immigrant visa fee to DOS for consular processing. The two agencies do not coordinate billing, so applicants must track and pay each fee independently.

The USCIS Immigrant Fee is an additional charge collected after visa issuance but before the applicant enters the United States. As of 2026, USCIS lists this fee on its website. It funds the production and mailing of the green card. Payment is made online after the consular interview, and proof of payment must be presented at the port of entry. This fee applies to consular applicants only — I-485 adjustment filers do not pay it, as their green card production is covered by the I-485 fee.

Medical Examination Costs — Not a Government Fee, But Mandatory

Both adjustment and consular applicants must complete a medical examination by a USCIS-designated civil surgeon or DOS-approved panel physician. The exam includes a physical, vaccination review, and screening for communicable diseases. Civil surgeons and panel physicians set their own fees, which are not regulated by USCIS or DOS. As of 2026, examination costs vary by location and provider, typically ranging from several hundred to over a thousand dollars per person.

The medical exam is a government requirement, but the payment goes to the physician, not to USCIS or DOS. Applicants must pay at the time of the exam. Some physicians require payment upfront; others bill after the exam. USCIS does not reimburse exam costs, and the exam must be repeated if it expires before adjudication. The validity period is two years for I-485 applicants and six months for consular applicants.

Vaccinations required by USCIS must be documented on Form I-693 (adjustment) or the DS forms (consular processing). If the applicant lacks proof of vaccination, the physician administers missing vaccines during the exam and adds the cost to the exam fee. Some vaccines require multiple doses over weeks or months, delaying completion of the medical and potentially delaying adjudication.

Here's the Honest Answer: Fees Change, and You Pay Under the Rules in Effect When You File

USCIS and DOS adjust fees through Federal Register rulemaking, often every two to four years. A fee increase can take effect while an EB-2 case is pending. If you file your I-140 under one fee schedule and adjust status a year later under a new schedule, you pay the new I-485 fee, not the rate in effect when your I-140 was filed. There is no grandfathering of fees across forms or stages.

This creates a planning problem: the total cost is not fixed at the start of the process. Budgeting based on current fees is necessary, but applicants should expect that adjustment or consular fees may increase before they reach that stage. The Law Offices of Peter D. Chu monitors USCIS and DOS fee announcements and notifies clients when changes are proposed or finalized. We update cost estimates in real time so clients are not surprised by an increase at filing.

The only way to lock in a fee is to file the form before the increase takes effect. If USCIS announces a fee increase with a 60-day implementation window, filing the I-485 before that window closes secures the old fee. This is not always possible, especially if the priority date is not current or if required documents are still being gathered. In those situations, the applicant pays the higher fee.

What If I Can't Afford the Government Fees?

USCIS does not offer payment plans for immigration fees. Fees must be paid in full at filing. USCIS does grant fee waivers for certain humanitarian-based applications, but I-140 and I-485 are not eligible for waivers. Employment-based immigration is considered a benefit sought by choice, not a necessity, so the fee waiver provision does not apply.

Applicants who cannot pay the fees at the time of eligibility have three options. First, delay filing until funds are available — though this risks priority date retrogression if the visa bulletin moves backward. Second, request employer assistance if the employer is willing to cover adjustment costs as a benefit. Third, secure financing through personal savings, family support, or loans. Immigration attorneys, including the Law Offices of Peter D. Chu, do not provide financing, but we do provide itemized cost estimates so applicants can plan or seek funding with accurate figures.

Filing without the correct fee results in rejection. USCIS does not process deficient filings. The package is returned, and no priority or processing time is preserved. When the applicant refiles with the correct fee, the case starts over as a new filing.

What If Premium Processing Becomes Unavailable During My Case?

USCIS suspends premium processing for specific form types when processing backlogs make the 15-day guarantee unworkable. I-140 premium processing has been suspended temporarily in the past, usually during periods of high volume or staffing shortages. If premium processing is suspended after you file your I-140 under standard processing, you cannot upgrade to premium. If it is suspended after you file under premium processing, USCIS refunds the premium fee and continues processing under the standard timeline.

Premium processing suspension does not affect the validity of the I-140 petition or the applicant's place in the visa queue. It only affects adjudication speed. Applicants who need fast adjudication should confirm that premium processing is available at the time of filing and file immediately if it is, rather than waiting. Once suspended, USCIS does not announce a reinstatement date in advance.

What If My Priority Date Retrogresses Before I Can Adjust Status?

Priority date retrogression delays adjustment eligibility but does not affect fees already paid. If you have an approved I-140 and your priority date retrogresses before you can file I-485, the I-140 fee is not refunded. The petition remains valid indefinitely. When your priority date becomes current again, you file I-485 and pay the I-485 fee at that time, under the fee schedule then in effect.

Retrogression can span years, especially for applicants from countries with high EB-2 demand. During retrogression, no adjustment or consular processing occurs, so no additional fees are due. The waiting period is unpaid from a fee perspective, though applicants may incur costs maintaining status through visa extensions.

Fee Payment Methods and Rejected Payments

USCIS accepts fees by check, money order, or credit card (via Form G-1450). Personal checks must be drawn on U.S. banks. Foreign checks and cash are not accepted. If USCIS cannot process the payment — due to insufficient funds, a closed account, or a billing dispute on the credit card — the filing is rejected. USCIS does not contact the applicant to correct payment issues. The entire package is returned.

DOS accepts payment online through the Consular Electronic Application Center or by bank transfer. Payment must clear before the case proceeds. DOS does not accept cash, personal checks, or third-party payments.

Filing fees are non-refundable once USCIS or DOS begins processing, even if the application is denied. Premium processing fees are refunded only if USCIS fails to adjudicate within the guaranteed timeframe. Biometrics fees, because they are included in the I-485 fee, are not separately refundable.

EB-2 Fee Breakdown — Standard Case

This table compares the major government fees for a single EB-2 applicant filing through adjustment of status versus consular processing. Fees listed are approximate and change periodically. Verify current amounts on uscis.gov and travel.state.gov before filing.

Dependents multiply the I-485 or immigrant visa fee. A family of four pays four times the per-person amount. Medical exams are also per-person.

When Fees Are Due in the EB-2 Timeline

Fees are not due all at once. The I-140 is filed and paid first, usually months or years before adjustment. After I-140 approval, the applicant waits for priority date currency. When the priority date is current, the applicant files I-485 (adjustment) or submits documents to the National Visa Center (consular). The I-485 fee or DOS immigrant visa fee is due at that point.

Medical exams are completed shortly before filing I-485 or attending the consular interview, because the exam has a limited validity period. Civil surgeons require payment at the appointment. Premium processing, if elected, is filed with the I-140 and paid at that time.

This staggered payment structure means applicants can save incrementally rather than fronting the full amount at the start. It also means each stage's fee is paid under the fee schedule in effect at that stage, not the schedule in effect when the process began.

Attorney Fees Are Separate and Not Regulated by the Government

Government filing fees cover USCIS and DOS processing. They do not include attorney fees. Immigration attorneys charge separately for legal representation, document preparation, and case management. Attorney fees vary by firm, case complexity, and geographic location. The Law Offices of Peter D. Chu provides a detailed fee agreement before representation begins, itemizing government fees and attorney fees separately so clients understand the full cost.

Attorney fees are negotiable and not set by regulation. Government fees are fixed by the agency and apply to all filers regardless of representation. An applicant who files pro se pays the same government fees as an applicant represented by an attorney.

Contact the Law Offices of Peter D. Chu for an EB-2 Cost Estimate

EB-2 government fees are a moving target. USCIS and DOS update fee schedules periodically, and the amounts stated in general articles go stale between publications. The only reliable source is the current fee schedule published by the agency at the time you are ready to file. The Law Offices of Peter D. Chu pulls current fees for every client consultation and builds a case-specific cost estimate that accounts for dependents, premium processing elections, and whether the applicant will adjust status or consular process.

An initial consultation is $250 and includes a review of your EB-2 eligibility, a timeline estimate, and a complete breakdown of government and attorney costs. Consultations are conducted in person at our San Diego office or by phone for clients outside the area. To schedule, call 858-268-8823 or visit peterchu.com. Our office is located at 4615 Convoy St, San Diego, CA 92111, and we are open Monday through Friday, 8:30 AM to 5:30 PM. We serve clients in English, Mandarin, Cantonese, Vietnamese, and French.

Disclaimer: This article provides general information about EB-2 government filing fees and does not constitute legal advice. Immigration outcomes depend on individual facts, current law, and agency policies. Reading this article does not create an attorney-client relationship with the Law Offices of Peter D. Chu. Government fees change periodically — verify all amounts on uscis.gov, travel.state.gov, and other official sources before filing. Consult a licensed immigration attorney for advice specific to your case.

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.