Transitioning from a temporary work visa (like an H-1B, L-1, or O-1) to a Green Card has always been a complex legal journey. However, in 2026, it has also become a significant financial undertaking. Following the implementation of the USCIS Stabilization Act and the landmark One Big Beautiful Bill Act (OBBBA), filing fees have shifted to an inflation-linked model. If you are planning your “Adjustment of Status” this year, you need to navigate new mandatory surcharges, biennial premium processing hikes, and strict employer compliance rules.
This guide provides a data-backed breakdown of the 2026 transition costs to ensure your American Dream doesn’t hit a financial roadblock.
2026 Green Card Petition (Form I-140) Costs
The Form I-140 is the first big step. It is called Immigrant Petition for Alien Worker. In 2026, the cost is not the same for everyone. It depends on your employer’s size.
- I-140 Base Filing Fee ($715) This is the main fee for the petition. It applies to all employment-based types like EB-1, EB-2, and EB-3.
- Asylum Program Fee ($600) This is a new extra fee to help pay for asylum cases that are waiting too long. Most employers must pay it. Reduced Fee ($300): If your employer has 25 or fewer full-time workers, they pay only half. Exempt ($0): Non-profit groups do not pay this fee.
- Premium Processing Hike ($2,965) You can pay extra to get a faster decision on your I-140. From March 1, 2026, this fee goes up because of inflation rules in the USCIS Stabilization Act. Before March, it was lower (around $2,805 in some cases). This fast service is helpful if you want quick approval.
PERM Labor Certification ($0 government fee)
The government does not charge for PERM (labor certification from the Department of Labor). But your employer must spend money on ads to find American workers. This includes newspaper ads and job websites. The cost is usually between $1,000 and $3,000. Your employer must pay this fully by law.
2026 Adjustment of Status (Form I-485) Costs
After your priority date is current, you file Form I-485 to adjust status and get your Green Card. Costs can add up fast, especially for families.
- I-485 Filing Fee ($1,440) This fee covers adults. In 2026, it includes biometrics like fingerprints. It is the full price for most people.
- Reduced Child Fee ($950) Children under 14 pay less if they file at the same time as a parent.
- Employment Authorization (EAD) ($260) If your I-485 is pending, you can get a work permit (EAD) at this low price. It is a bundle deal in 2026, much cheaper than applying alone.
- Advance Parole (Travel Document) ($630) This lets you travel outside the U.S. while waiting for your Green Card. It is important if you need to visit family abroad.
- $1,500 OBBBA Surcharge Under the One Big Beautiful Bill Act, some people in employment-based cases pay this extra fee. It helps reduce backlogs and speeds up the final decision.
Ancillary Transition Expenses
There are other costs that are not on government forms but you must pay them.
- I-693 Medical Examination ($200–$600) A special doctor (civil surgeon) checks your health. The price changes by city and if you need vaccines like COVID-19, flu, or hepatitis B.
- Civil Document Translations ($25–$50 per page) Any papers like birth certificates, marriage papers, or police records not in English need official translation and certification.
- EB-1A / NIW Legal Fees ($8,000–$15,000) If you self-petition (no employer) for EB-1A or National Interest Waiver (NIW), you need a lawyer. Fees are high in 2026 because cases are more complex and USCIS asks for more evidence (RFEs).
- 3.5% Remittance Tax The OBBBA adds a 3.5% tax on money you send abroad by wire transfer if you are not a citizen yet. Plan for this if you send money to family.
Who Pays? (Compliance & Risk)
It is important to know who pays what to follow the law.
- The Employer Mandate By law (20 CFR § 656.12(b)), the employer pays all PERM costs. This includes lawyer fees and ads. It is illegal for the worker to pay or give money back for these.
- Negotiable Fees For I-140 and I-485, the employer and worker can decide who pays. Many companies pay as a benefit to keep good workers. But the worker can pay if agreed.
2026 Transition Strategy Tip The “February 28” Deadline: If your PERM is approved early in 2026, file I-140 with premium processing by February 28, 2026. This way you pay the old lower premium fee and save about $160 before the March 1 increase. Also, save receipts from your last Visa Integrity Fee ($250). New rules in 2026 may let you deduct it on taxes after you get Permanent Residency.
FAQ: Green Card Transition 2026
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Can I use the $100,000 H-1B “Tariff” fee for my Green Card?
No. That fee is for new H-1B entries from outside the U.S. (from 2025 rules). It does not help or count toward Green Card costs.
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Is the Asylum Program Fee needed for NIW self-petition?
No. Self-petitioners like EB-2 NIW have no employer, so this fee usually does not apply.
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Are there fee waivers for I-485?
Fee waivers are possible but very hard for work-based cases. You must prove you will not need public help (public charge rule).
Disclaimer: This guide gives a full picture of costs in 2026. Total expenses can be from a few thousand to over $20,000 or more, depending on your case, family, premium processing, and lawyer needs. Always check the latest on USCIS.gov or talk to an immigration lawyer before you pay or file. Rules can change, and this is just for information.