For employers and foreign nationals pursuing permanent residence through the EB-3 employment-based immigrant category, immigration costs are an important part of planning. Filing fees can add thousands of dollars to the overall process, particularly when an employer-sponsored case involves an I-140 petition, adjustment of status, employment authorization, travel authorization, or consular processing.

 
The One Big Beautiful Bill Act (H.R. 1) introduced several new immigration-related fees in 2025 and requires certain fees to be adjusted annually for inflation beginning in Fiscal Year 2026. This has understandably created questions among EB-3 applicants and U.S. employers: Will H.R. 1 increase the cost of an EB-3 green card case? Which fees apply? And how much should applicants budget? 

The answer is more nuanced than headlines may suggest. 

First, EB-3 applicants should understand an important distinction.

 
H.R. 1 established new immigration-related fees administered by the Department of Homeland Security, including fees connected with asylum applications, certain employment authorization applications, parole, TPS, and other categories. USCIS announced that some of these fees would be subject to annual inflation adjustments beginning in FY2026.
However, there is no separate H.R. 1 fee specifically imposed on an EB-3 I-140 petition or ordinary EB-3 adjustment-of-status application.

 
That means an employer sponsoring an EB-3 professional, skilled worker, or other qualifying worker should not assume that H.R. 1 automatically adds a new surcharge to the EB-3 green card process. 

Instead, applicants should distinguish between: 

         • Regular USCIS filing fees;
         • Employer-paid fees associated with the I-140 petition;
         • Fees for adjustment of status and related applications;
         • Consular processing and immigrant visa fees; and
         • H.R. 1 fees that apply only to particular immigration benefits. 

This distinction can prevent unnecessary confusion and budgeting errors. 

USCIS announced that certain H.R. 1 fees were adjusted for inflation beginning January 1, 2026. The adjustment was based on the change in the Consumer Price Index for All Urban Consumers (CPI-U) between July 2024 and July 2025, which was approximately 2.70%.

Among the FY2026 changes:

This is where H.R. 1 can create confusion.

 
The FY2026 H.R. 1 increases include certain Form I-765 employment authorization fees. However, those particular H.R. 1 fees are tied to specific categories such as asylum applicants, parolees, and TPS beneficiaries. They are not a blanket increase for every person who files Form I-765.

 
Therefore, an EB-3 applicant should not automatically add the H.R. 1 $560 or $280 amounts to an adjustment-of-status budget.
The applicant's underlying immigration category and reason for filing the application determine which fee applies.

 
This is especially important for employers and immigration professionals preparing large numbers of employment-based filings. Using a generic "2026 immigration fee" instead of identifying the precise benefit category can lead to an incorrect payment and potentially a rejected filing. 

Not every EB-3 beneficiary files Form I-485.

 
If the beneficiary is outside the United States, the case may proceed through consular processing. In that situation, the applicant generally deals with the Department of State and the U.S. consular immigrant visa process rather than filing an I-485 with USCIS. 

There can also be a separate USCIS Immigrant Fee associated with obtaining permanent residence after an immigrant visa is issued. USCIS explains that this fee supports processing of the immigrant visa packet and production of the Permanent Resident Card. USCIS also recommends paying the immigrant fee after receiving the immigrant visa and before traveling to the United States.
Consequently, an EB-3 applicant abroad should budget for the entire process rather than looking only at the employer's I-140 filing fee. 

A rejected immigration filing can cause more than inconvenience.
USCIS states that applications, petitions, and requests generally must be accompanied by the correct fee and warns that an incorrect fee can result in rejection.

 

For an EB-3 employer, a rejection can potentially create timing problems involving:

 

         • Labor certification and recruitment timelines;
         • Priority dates;
         • Visa availability;
         • Employee start dates;
         • Expiring immigration status;
         • Corporate hiring plans; and
         • Other immigration filings dependent on the petition.

 
This makes fee verification an important part of case preparation—not merely an administrative detail. 

The biggest takeaway is simple: H.R. 1's FY2026 inflation adjustments should not be interpreted as a new across-the-board EB-3 fee increase.

 
The law created several new immigration-related fees and required certain amounts to be adjusted for inflation. For FY2026, USCIS increased specific fees beginning January 1, 2026, including certain asylum, parole, TPS, and employment authorization fees.
A standard EB-3 case remains governed by the fees applicable to the particular forms and processing route involved. 

Because immigration fees can change and USCIS may issue updated fee schedules or instructions, employers and applicants should verify the current amount immediately before filing.