[Federal Register Volume 90, Number 138 (Tuesday, July 22, 2025)]
[Notices]
[Pages 34511-34516]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-13738]
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DEPARTMENT OF HOMELAND SECURITY
[CIS No. 2829-25]
USCIS Immigration Fees Required by HR-1 Reconciliation Bill
AGENCY: U.S. Citizenship and Immigration Services, Department of
Homeland Security.
ACTION: Notice of immigration fees.
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SUMMARY: U.S. Citizenship and Immigration Services (USCIS) is
announcing a series of fees to be collected by USCIS. Recently enacted
legislation that provided for reconciliation pursuant to Title II of
House Concurrent Resolution 14, titled HR-1, establishes specific fees
for various immigration-related forms, benefits, statuses, petitions,
applications, and requests administered by multiple government
agencies. This notice announces the new fees that are administered by
USCIS, a component of the U.S. Department of Homeland Security (DHS),
to whom those fees apply, when the new fees take effect, instructions
on their payment, when and if the fees may be waived, and consequences
of the failure to pay. This notice is intended to provide the
information needed for the public to comply with the new law.
DATES: Unless specified otherwise in this notice, the fees announced in
this notice must be submitted for any immigration benefit requests
postmarked on or after July 22, 2025. Any form postmarked on or after
August 21, 2025 without the proper filing fee will be rejected.
FOR FURTHER INFORMATION CONTACT: Office of Chief Financial Officer,
U.S. Citizenship and Immigration Services, Department of Homeland
Security, 5900 Capital Gateway Drive, Camp Springs, MD 20746, telephone
(240) 721-3000 (this is not a toll-free number).
SUPPLEMENTARY INFORMATION:
Table of Abbreviations
AAF--Annual Asylum Fee
CPI-U--Consumer Price Index for All Urban Consumers
DHS--Department of Homeland Security
EAD--Employment Authorization Document
FY--Fiscal Year
HR-1--One Big Beautiful Bill Act
IMMVI--Immigrant Military Members and Veterans Initiative
INA--Immigration and Nationality Act
PIP--Parole in Place
SIJ--Special Immigrant Juvenile
TPS--Temporary Protected Status
USCIS--U.S. Citizenship and Immigration Services
I. Background and Authority
A. H.R.1--One Big Beautiful Bill Act
On July 4, 2025, the President signed into law H.R.1--One Big
Beautiful Bill Act, Public Law 119-21, 139 Stat. 72 (``HR-1''). HR-1
was a comprehensive legislative package that changed many laws and
added new laws that touch many areas of the United States government.
Among those changes, the
[[Page 34512]]
law established several new provisions and fees to the Immigration and
Nationality Act (INA). See HR-1, Title X, Subtitle A, Part I, Sections
100001 through 1000018.
The new fees are provided as minimum amounts for Fiscal Year (FY)
2025, authorize the relevant agency to adjust them as determined
necessary using rulemaking, and are required to be adjusted annually
based on the Consumer Price Index for All Urban Consumers (CPI-U). In
most cases, fee waivers or reductions are prohibited for the additional
fees under HR-1. The funds collected from these fees are allocated to
relevant agencies or the U.S. Treasury. USCIS will reject or deny any
immigration benefit requests that are submitted without all of the fees
required, including the new fees announced in this notice, as provided
in 8 CFR 103.2(a)(7)(ii)(D).
B. DHS Fee Setting Authority, USCIS Fees, and HR-1 Fees
INA sec. 286(m), 8 U.S.C. 1356(m), authorizes the Secretary of
Homeland Security to set fees for adjudication by regulation ``at a
level that will ensure recovery of the full costs of providing all such
services, including the costs of similar services provided without
charge to asylum applicants or other immigrants'' and ``that will
recover any additional costs associated with the administration of the
fees collected.'' DHS codified new fees and related regulations as
authorized by INA sec. 286(m) on January 31, 2024, effective April 1,
2024. U.S. Citizenship and Immigration Services Fee Schedule and
Changes to Certain Other Immigration Benefit Request Requirements,
Final Rule, 89 FR 6194 (Jan. 31, 2024) (USCIS Fee Rule).
Unless otherwise described in this notice regarding a specific fee,
the new fees in HR-1 are required in addition to any other fee
authorized by law and by the heads of relevant departments.\1\ That
means that the fees in HR-1 do not supersede or replace those
promulgated by the USCIS Fee Rule, rather they will be charged ``in
addition'' to current fees.\2\ USCIS fees are generally codified in 8
CFR part 106 and any other fees authorized by law as referred to in
this notice refers to part 106 unless otherwise noted.
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\1\ See Sec. 100002(a) (``In addition to any other fee
authorized by law, the Secretary of Homeland Security or the
Attorney General, as applicable, shall require the payment of a fee,
equal to the amount specified in this section, by any alien who
files an application for asylum under section 208 (8 U.S.C. 1158) at
the time such application is filed.''); see also Sec. 100003(a)(1)
(initial application for employment authorization under section
208(d)(2)); Sec. 100003(b)(1) (initial application for employment
authorization filed by any alien paroled into the United States);
Sec. 100003(c)(1) (initial application for employment authorization
under section 244(a)(1)(B)); Sec. 100005(a) (any alien, parent, or
legal guardian of an alien applying for special immigrant juvenile
status under section 101(a)(27)(J)); Sec. 100009(a) (for each
calendar year that an alien's asylum application remains pending);
Sec. 100010(a) (any parolee who seeks a renewal or extension of
employment authorization based on a grant of parole); Sec. 100011(a)
(any alien who has applied for asylum for each renewal or extension
of employment authorization); Sec. 100012(a) (renewal or extension
of employment authorization based on a grant of temporary protected
status).
\2\ One exception is at section 100006 of Title X governing the
Temporary Protected Status application fee. This provision replaces
the $50 registration fee amount specified at INA sec. 244(c)(1)(B),
8 U.S.C. 1254a(c)(1)(B) with the new registration fee amount of
$500. See 8 CFR 106.2(a)(50)(i).
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USCIS acknowledges that the portion of the HR-1 fees that USCIS
retains will be in addition to the revenue it receives from the fees
that DHS determined in the USCIS Fee Rule were needed to recover the
full costs of operating USCIS. Regardless, the HR-1 text ``in addition
to any other fee authorized by law'' is clear. Furthermore, to
interpret HR-1 as providing for replacement of the USCIS fees DHS
codified in 8 CFR part 106 would result in USCIS being unable to fund
its operations. If HR-1 fees replaced the fees that USCIS retains to
recover its operating costs with new fees that must partly or wholly go
to the Treasury, USCIS would be required to maintain our current
production and service levels with a large reduction in revenue. USCIS
will soon conduct a total cost recovery fee study consistent with the
CFO Act, 31 U.S.C. 901-03 (requiring each agency's Chief Financial
Officer (CFO) to review, on a biennial basis, the fees imposed by the
agency for services it provides, and to recommend changes to the
agency's fees). However, USCIS has no basis to believe that Congress
intended HR-1 to result in USCIS not being fully funded until
promulgation of the next USCIS fee rule.
II. New Immigration Fees
This notice announces certain new fees promulgated by HR-1, when
collection of the fees will begin and, when necessary, how the fees are
to be paid.\3\
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\3\ As explained later in this notice, USCIS does not list all
the new fees required by HR-1 in this notice because (1) the law
contains restrictions on collection of the fees that require
additional study and planning before they can be implemented, or (2)
the fee is administered by another DHS component or federal agency.
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The new immigration fees imposed by HR-1 are in addition to any
other fees already authorized by law and regulations, as shown in Table
1.
The DHS fee and HR-1 fees must be submitted separately. If the
requestor is eligible for a fee waiver for the DHS fee, he or she may
submit Form I-912, Request for Fee Waiver, or a written fee waiver
request, along with HR-1 fee as listed in Table 1.\4\ The annual
pending asylum application fee must be submitted online.
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\4\ For information on how to submit fees, see USCIS, Filing
Fees, https://www.uscis.gov/forms/filing-fees (Last Reviewed/
Updated: May 28, 2025). USCIS will update the I-912 as appreciate to
account for the changes in HR-1.
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A. Summary of New Fees
Table 1--USCIS Immigration Benefit Request With Additional Fees From HR-1
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Current filing Immigration fee
Benefit category Form fee \5\ type HR-1 FY 2025 Combined fees
---------------------------------------------------------------------------------------fee----------------------
Asylum...................... I-589 \6\...... $0............. Asylum Fee $100........... $100
(Initial fee No Fee Waiver
for aliens Available..
filing an
application
for asylum).
I-589 (Pending) N/A............ Annual Pending $100 (annual 100
Asylum for every
Application calendar year
Fee. that the
asylum
application is
pending);
payable online
only.
No Fee Waiver
Available..
EADs........................ I-765 \7\-- $0............. Initial Asylum $550........... 550
Initial for Applicant EAD. No Fee Waiver
(c)(8) Asylum Available..
Applicant.
I-765--Initial Paper Filing: Initial Asylum $550........... 1,070
(c)(8) $520. Applicant EAD. No Fee waiver ..............
Applying under Fee Waiver ............... Available.. 1,020
Special Available.. Initial Asylum $550...........
American Online Filing: Applicant EAD. No Fee waiver
Baptist $470. Available..
Churches v. Fee Waiver
Thornburgh \8\ Available..
(ABC)
Procedures.
[[Page 34513]]
I-765--Renewal Paper Filing: Renewal or $275........... 795
for (c)(8) $520. Extension of No Fee Waiver
Asylum Fee Waiver Asylum Available..
Applicant. Available.. Applicant EAD.
Online Filing: Renewal or $275........... 745
$470. Extension of No Fee Waiver
Fee Waiver Asylum Available..
Available.. Applicant EAD.
I-765--Initial $0............. Initial Parole $550........... 550
for (a)(4) EAD--Valid for No Fee Waiver
Paroled 1 year. Available..
Refugee.
I-765--Initial Paper Filing: Initial Parole $550........... 1,070
(c)(11) for $520. EAD--Valid for No Fee Waiver
212(d)(5)(A) Fee Waiver 1 year. Available..
Parole. Available..
Online Filing: Initial Parole $550........... 1,020
$470. EAD--Valid for No Fee Waiver
Fee Waiver 1 year. Available..
Available..
IMMVI current Initial Parole $550........... 550
or former EAD--Valid for No Fee Waiver
service 1 year. Available..
members,
special
processes for
paroled
Ukrainians: $0.
I-765--Initial Paper Filing: Initial Parole $550........... 1,070
(c)(34) $520. EAD--Valid for No Fee Waiver
Paroled Spouse Fee Waiver 1 year. Available..
of (b)(37) Available..
Entrepreneur.
I-765--Renewal $0............. Initial Parole $275........... 275
(a)(4) Paroled EAD--Valid for No Fee Waiver
Refugee. 1 year. Available..
I-765--(c)(11) Paper Filing: Renewal or $275........... 795
Renewal for $520. Extension of No Fee Waiver
212(d)(5)(A) Fee Waiver Parole EAD-- Available..
Parole. Available.. Valid for 1
year.
Online Filing: Renewal or $275........... 745
$470. Extension of No Fee Waiver
Fee Waiver Parole EAD-- Available..
Available.. Valid for 1
year.
IMMVI \9\ Renewal or $275........... 275
current or Extension of No Fee Waiver
former U.S. Parole EAD-- Available..
armed forces: Valid for 1
$0. year.
I-765--Renewal Paper Filing: Renewal or $275........... 795
(c)(34) $520. Extension of No Fee Waiver
Paroled spouse Fee Waiver Parole EAD-- Available..
of (b)(37) Available.. Valid for 1
Entrepreneur. year.
I-765--Initial Paper Filing: Initial TPS $550........... 1,070
(a)(12) or $520. EAD--Valid for No Fee Waiver
(c)(19) TPS. Fee Waiver 1 year or the Available..
Available.. duration of
the TPS
designation
whichever is
shorter.
Online Filing: Initial TPS $550........... 1,020
$470. EAD--Valid for No Fee Waiver
Fee Waiver 1 year or the Available..
Available.. duration of
the TPS
designation
whichever is
shorter.
I-765--Renewal Paper Filing: Renewal or $275........... 795
(a)(12) or $520. Extension of No Fee Waiver
(c)(19) TPS. Fee Waiver TPS EAD--Valid Available..
Available.. for 1 year.
Online Filing: Renewal or $275........... 745
$470. Extension of No Fee Waiver
Fee Waiver TPS EAD--Valid Available..
Available.. for 1 year.
I-131 \10\-- Paper Filing: EAD upon new $275 \11\...... 1,425
Employment $1,150. period of No Fee Waiver ..............
Authorization Fee Waiver Parole (Re- Available.. 1,325
Upon Issuance Available.. parole). $275...........
of New Period Online Filing: EAD upon new No Fee Waiver
of Parole. $1,050. period of Available..
Fee Waiver Parole (Re-
Available.. parole).
Military PIP EAD upon new $275........... 795
\12\ for period of No Fee Waiver
family of Parole (Re- Available..
service parole).
members: $520.
Fee Waiver
Available..
IMMVI, FRTF, EAD upon new $275........... 275
\13\ Military period of No Fee Waiver
PIP for Parole (Re- Available..
current or parole).
former service
members: $0.
TPS......................... I-821 \14\-- $50 + $30 TPS Fee........ $500........... 530
Initial TPS (biometrics No Fee Waiver
Registration. fee). Available..
Fee
Waivable.\15\.
SIJs........................ I-360 \16\..... $0............. Special $250........... 250
Immigrant No Fee Waiver
Juvenile Fee. Available.\17\.
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B. Description of the New Fees
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\5\ For additional information on fees, including fee waivers,
see Form G-1055, Fee Schedule, https://www.uscis.gov/g-1055.
\6\ Form I-589, Application for Asylum and for Withholding of
Removal.
\7\ Form I-765, Application for Employment Authorization.
\8\ See American Baptist Churches v. Thornburgh, 760 F. Supp.
796 (N.D. Cal. 1991). See also, USCIS, American Baptist Churches v.
Thornburgh (ABC) Settlement Agreement, https://www.uscis.gov/humanitarian/refugees-and-asylum/asylum/american-baptist-churches-v-thornburgh-abc-settlement-agreement (last visited July 9, 2025).
\9\ Parole for Immigrant Military Members and Veterans
Initiative (IMMVI).
\10\ Form I-131, Application for Travel Documents, Parole
Documents, and Arrival/Departure Records. Part 9 of Form I-131
currently permits certain aliens to request an EAD upon approval of
a new period of parole (re-parole).
\11\ As explained below, USCIS will temporarily charge the $275
for requests for initial EADs and renewal or extension EADs.
\12\ Military Parole in Place (Military PIP).
\13\ Parole for members of the Family Reunification Task Force
(FRFT) settlement agreement.
\14\ Form I-821, Application for Temporary Protected Status.
\15\ HR-1 increased the base application fee for an initial Form
I-821 from $50 to $500, which is no longer eligible for a fee
waiver. See Sec. 100006. However, the $30 biometrics fee remains
eligible for fee waiver. See 8 CFR 106.2(a)(50)(iii), 8 CFR
106.3(a)(3)(i)(E).
\16\ Form I-360, Petition for Amerasian, Widow(er), or Special
Immigrant.
\17\ Section II.D. of this notice contains an explanation of fee
waivers as they apply to HR-1 fees. Sec. 100005 establishing the SIJ
fee does not include an explicit ``no fee waiver'' provision.
However, USCIS' general authority to grant waivers is based on the
discretionary language of INA 286(m), 8 U.S.C. 1356(m), which states
that ``fees for providing adjudication and naturalization services
may be set at a level that will ensure recovery of the full costs of
providing all such services, including the costs of similar services
provided without charge to asylum applicants or other immigrants.''
In contrast, the language of Sec. 100005(a) is mandatory (``the
Secretary of Homeland Security shall require the payment of a
fee''). Therefore, no fee waiver is available.
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1. Asylum Fee
HR-1 created a new fee for any alien who files an application for
asylum under section 208 (8 U.S.C. 1158) at the time such application
is filed. Sec. 100002(a). The asylum fee cannot be
[[Page 34514]]
waived or reduced. Id.(e). The initial asylum fee amount is set at $100
for FY 2025. Id. Because Sec. 100002 imposes this asylum application
fee ``at the time such application is filed,'' the fee applies to
asylum applications filed on or after the date of publication of this
Notice. Any Form I-589, Application for Asylum and for Withholding of
Removal, submitted to USCIS must include the new fee or it will be
rejected as provided in the DATES section of this notice.
2. Employment Authorization Document Fees
HR-1 created new EAD fees in addition to other existing fees for
EADs. Sec. 100003. The fees apply to specific groups of applicants and
vary by initial, renewal, or extension for those groups.
a. Asylum EAD
HR-1 created a fee for individuals filing an initial application
for employment authorization based on a pending asylum application
under section 208(d)(2) (8 U.S.C. 1158(d)(2)), which is $550 for FY
2025. Sec. 100003(a). The fee is due when the initial employment
authorization application is filed. Id. The asylum EAD fee cannot be
waived or reduced. Id. (a)(5).
In addition to the initial EAD application fee, HR-1 created an
additional fee for renewals and extensions of employment authorization
for asylum applicants. Sec. 100011. The fee is $275 for FY 2025. HR-1
renewal or extension fee cannot be waived or reduced, though USCIS may
waive the pre-existing regulatory fee. See 8 CFR 106.2(a)(44) and 8 CFR
106.3(a)(3)(ii)(F).
b. Parolee EAD Fees
HR-1 requires a fee ``by any alien paroled into the United States
for any initial application for employment authorization at the time
such initial application is filed.'' Sec. 100003(b)(1). This additional
fee is $550 for FY 2025. Each initial employment authorization shall be
valid for a period of 1 year or for the duration of the individual's
parole, whichever is shorter. Id. The fee is due when the initial
employment authorization application is filed. Id. The HR-1 parole EAD
fee cannot be waived or reduced. Sec. 100003(b)(5). However, USCIS may
waive the pre-existing regulatory fee. See 8 CFR 106.2(a)(44) and 8 CFR
106.3(a)(3)(ii)(F).
In addition to the initial EAD application fee, HR-1 created an
additional fee for renewals and extensions of employment authorization
``based on a grant of parole.'' Sec. 100010(a). The fee that is
effective for FY 2025 is $275. The HR-1 fee cannot be waived or
reduced, though USCIS may waive the pre-existing regulatory fee. See 8
CFR 106.2(a)(44) and 8 CFR 106.3(a)(3)(ii)(F).
Sec. 100003(b)(1) states that these fees apply to ``any alien
paroled'' into the United States. This language, on its face, would
seem to encompass all those who were paroled into the United States at
any point in time, regardless of the category under which they are
seeking to qualify for employment authorization, rather than only those
who are applying for employment authorization based on being ``an alien
paroled into the United States . . . pursuant to section 212(d)(5) of
the Act''. See 8 CFR 274a.12(c)(11). Such a reading does not align with
the remainder of the statutory text which sets a validity period for
the employment authorization of 1 year or the ``duration of the alien's
parole, whichever is shorter'', sec. 100003(b)(1), and which states
that the renewal or extension is ``based on a grant of parole'', sec.
100010(a). In addition, applying this fee to any alien who was paroled
into the United States rather than only those seeking to qualify for
employment authorization on that basis would create the perverse effect
of applying the fee to asylum applicants who were initially paroled
into the United States, even though asylum applicants already have a
$550 initial employment authorization application fee designated in the
prior paragraph, sec. 100003(a)(1), and even if they were not granted
parole for any significant duration. In order to give effect to the
parolee employment authorization provisions in the context of the whole
statutory text, the fees in sections 100003(b) and 100010 must be read
to apply to those paroled into the United States pursuant to INA
212(d)(5)(A) and who are seeking authorization for employment on that
basis under category (c)(11).
If an alien requests an EAD under category (c)(11), based upon
approval of a new period of parole (re-parole) by filing Form I-131,
Application for Travel Documents, Parole Documents, and Arrival/
Departure Records, USCIS will initially impose the lower $275 HR-1 fee.
USCIS recognizes that a parolee may have been granted parole, opted to
not request an EAD for that initial period of parole, and is now
requesting an initial EAD for an additional period of parole being
requested. However, the current Form I-131 and Form I-765 do not
distinguish initial EAD requests from renewal or extension EAD
requests. USCIS will presume that an EAD requested for re-parole,
renewal, or extension of parole will be for a renewal EAD regardless of
whether the alien has no current or previous EAD and we will only
require a $275 fee under HR-1.
c. Temporary Protected Status (TPS) EAD Fees
The additional fee for an alien who files an initial EAD
application under TPS is $550. Sec. 100003(c). Each initial employment
authorization for TPS registrants who are subject to this fee will be
valid for a period of 1 year or for the duration of the alien's TPS,
whichever is shorter. Id. The HR-1 TPS EAD fee cannot be waived or
reduced. Sec. 100003(c)(5). However, USCIS may continue to waive the
preexisting regulatory TPS EAD fee. See 8 CFR 106.2(a)(44) and 8 CFR
106.3(a)(3)(ii)(F).
In addition to the initial EAD application fee, HR-1 created an
additional fee for renewals and extensions of employment authorization
for aliens granted TPS. Sec. 100012. The renewal or extension period
for employment authorization shall be approved for a period of no more
than 1 year, or for the duration of the designation of TPS, whichever
is shorter. Sec. 100012(a). The FY 2025 fee is $275. The HR-1 renewal
or extension fee cannot be waived or reduced. Sec. 100012(d). However,
USCIS may continue to waive the preexisting regulatory TPS EAD fee. See
8 CFR 106.2(a)(44) and 8 CFR 106.3(a)(3)(ii)(F).
3. Temporary Protected Status Fee
HR-1 amended Section 244(c)(1)(B) of the INA (8 U.S.C.
1254a(c)(1)(B)) to raise the maximum cost to register for temporary
protected status using Form I-821, Application for Temporary Protected
Status, from $50 to $500. Sec 100006. Because DHS has set the fee for
first-time Form I-821 applicants as ``$50 or the maximum permitted by
section 244(c)(1)(B) of the Act'' in 8 CFR 106.2(a)(50)(i),\18\ the
resulting fee is $500, not including the $30 biometric services fee.
See 8 CFR 106.2(a)(50)(iii). The HR-1 TPS fee cannot be waived or
reduced. Sec. 100006. Aliens filing Form I-821 may continue to request
a waiver of the biometrics fee. See 8 CFR 106.2(a)(50)(iii), 8 CFR
106.3(a)(3)(i)(E).
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\18\ By regulation at 8 CFR 106.2(a)(50)(i), DHS has exercised
its discretionary authority to impose the maximum fee permitted by
section 244(c)(1)(B).
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4. Special Immigrant Juvenile Fee
HR-1 created a new fee for any alien who files a Form I-360,
Petition for Amerasian, Widow(er) or Special Immigrant for Special
Immigrant Juvenile (SIJ) status under section
[[Page 34515]]
101(a)(27)(J), 8 U.S.C. 1101(a)(27)(J). Sec. 100005. The FY 2025 HR-1
fee is $250. The language of HR-1 prohibits fee waivers or exemptions
for this fee.\19\ There is no separate authority permitting fee waivers
for Form I-360. Cf. 8 CFR 106.3(a)(3).
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\19\ Sec. 100005 states that ``the Secretary of Homeland
Security shall require the payment of a fee, equal to the amount
specified in this section . . . .'' USCIS authority to waive fees in
its fee schedule rests in the language of 8 U.S.C. 1356(m), which
grants the Secretary of Homeland Security discretion in setting
fees. The new SIJ fee, however, is mandatory.
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5. Annual Asylum Fee (AAF)
HR-1 requires all aliens with a pending asylum application to pay
an annual fee for each calendar year that the alien's application
remains pending, in addition to any other fee. Sec. 100009. The first
AAF is $100 for FY 2025. Sec. 100009(b). DHS interprets the term
``remains pending'' to mean any application filed with USCIS or DOJ and
that remains pending with any federal government agency, court, or
entity with jurisdiction over asylum claims as intended by Sec.
100009(b) of HR-1. This notice provides notice and information about
how USCIS will administer the fee required from asylum applicants with
applications pending more than one year with USCIS.
To effectuate the FY 2025 fee, DHS will require that any alien who
filed a Form I-589, Application for Asylum and for Withholding of
Removal, with USCIS before or on the beginning of fiscal year 2025,
October 1, 2024, and whose application is still pending with USCIS at
the end of fiscal year 2025, on September 30, 2025, must pay the FY
2025 amount specified by statute.\20\ Such aliens must also pay the AAF
as of September 30 in each subsequent year that the application remains
pending with USCIS. For applications pending for more than a year prior
to October 1, 2024, DHS has determined that HR-1 does not require any
additional AAF for years that the application was pending prior to FY
2025. Any alien who filed or files a Form I-589 after October 1, 2024,
that remains pending with USCIS for 365 days must pay the AAF as of the
one-year anniversary of his or her filing date and each year thereafter
that the application remains pending on such day of the calendar year.
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\20\ USCIS collects certain fees on behalf of EOIR.
Administrative processes such as whether USCIS will collect the AAF
or any other HR-1 fees on behalf of EOIR are beyond the scope of
this notice.
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DHS determined that the fee applies to a Form I-589 pending as of
October 1, 2024 or submitted thereafter because language in HR-1 is
clear and unambiguous that the AAF applies during fiscal year 2025,
which runs from October 1, 2024 through September 30, 2025, and to each
fiscal year thereafter. Subsection (b)(1) of section 100009(b) provides
for an initial amount that ``shall'' be applied for fiscal year (FY)
2025. Subsection (a) applies a fee for ``each calendar year that an
alien's application for asylum remains pending.'' Because HR-1 states
that the AAF will be applicable in FY 2025, it necessarily applies the
provision to the start of FY 2025. To apply the law only to
applications filed after the date of enactment in July 2025 or later
would result in no fee collections in FY 2025 because no such
application would be pending for a calendar year (i.e. twelve months)
during that time frame. Therefore, section 100009(b) requires applying
the fee to applications pending with USCIS before enactment of HR-1. As
such, Section 100009 contains a clear expression of intent to apply the
AAF to applications filed on or before October 1, 2024 that remain
pending for the entirety of fiscal year 2025. DHS is not retroactively
applying the AAF to applications pending for one-year periods during
fiscal years prior to 2025. Landgraf v. USI Film Prods., 511 U.S. 244,
264 (1994). Requiring the 2025 AAF with respect to pending asylum
applications filed as of October 1, 2024, the first day of FY 2025, is
not impermissibly retroactive because it merely applies changes in
procedural rules required by statute. Id. at 275; see also INA
208(d)(3) (2024) (listing ``fees'' under the ``asylum procedure''
subsection and providing that the government may impose fees for the
consideration of an application for asylum).
For the first time the AAF is due under this notice, asylum
applicants need not monitor the time their application has been pending
and if the AAF applies to them. USCIS will provide personal, individual
notice to each asylum applicant with an application pending with USCIS
from whom the AAF is required, the amount of the fee, when the fee must
be paid, how the fee must be paid, and the consequences of failure to
pay. USCIS will require that AAF be paid using an online fee payment
process. USCIS will provide guidance for future years' AAF payments in
subsequent issuances.
C. Consumer Price Index for All Urban Consumers (CPI-U) Updates
In FY 2026 and each subsequent fiscal year, DHS will adjust the fee
by inflation by using the Consumer Price Index for all Urban Consumers
(CPI-U) for the month of July. See secs. 100002(c), 10003(a)(3),
100003(b)(3) 100003(c)(3), 10004(d), 10005(c), 10006, 10009(b)(2),
100010(b)(2), 100012(b)(2). The Department of Homeland Security (DHS)
will round the adjusted fee to the next lowest multiple of $10, secs.
100002(c), 100003(a)(3), 100003(b)(3) 100003(c)(3), 100004(d),
100005(c), 100006, 100010(b)(2), 100012(b)(2), or the nearest dollar.
Sec. 100009(b)(2). USCIS will deposit and retain a portion of the
revenue from some of these fees in the Immigration Examinations Fee
Account (IEFA).\21\ The remaining revenue will be deposited with the
general fund of the Treasury.\22\
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\21\ Secs. 100002 (50% to USCIS), 100003 (25% to USCIS), 100010
(25% to USCIS), 100011 (25% to USCIS), 100012 (25% to USCIS).
\22\ Secs. 100002 (50% to the Treasury), 100003 (75% to
Treasury), 100010 (75% to Treasury), 100011(75% to Treasury), 100012
(75% to Treasury); Secs. 100004-06, 100009 (100% to Treasury).
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D. Fee Waivers and Exemptions
Fees, fee exemptions, and fee waivers \23\ in 8 CFR part 106 have
not changed. Fees imposed by HR-1 cannot be waived or reduced.\24\
Therefore the fees required by HR-1 for an immigration benefit request
must be paid with each request submitted. However, a request may be
submitted for one of the benefits covered by HR-1 and if the benefit is
eligible for a DHS fee waiver, may still be accompanied by a USCIS Form
I-912, Request for a Fee Waiver, under 8 CFR 106.3(a) in lieu of the
fee required by 8 CFR 106.2(a). If the fee waiver is approved, the
application will be accepted without the USCIS regulatory fee. However,
even if a waiver under 8 CFR 106.3(a) of the fee required by 8 CFR
106.2(a) is requested, and even if the applicant is eligible and
approved for the waiver, the fee required by HR-1 and announced in this
notice must be paid for each request.
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\23\ See Form G-1055, Fee Schedule, https://www.uscis.gov/g-1055
(last reviewed/updated July 11, 2025).
\24\ See Sec. 100002(e) (asylum fee); Sec. 100003 (initial
employment authorization document fees); Sec. 100006 (temporary
protected status fee); Sec. 100009(d) (annual asylum fee); Sec.
100010(d) (fees for renewal and extension of employment
authorization for parolees); Sec. 100011(d) (fees for renewal or
extension of employment authorization for asylum applicants); Sec.
100012(d) (fees for renewal and extension of employment
authorization for temporary protected status).
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In addition, INA section 245(l)(7), 8 U.S.C. 1255(l)(7),\25\
requires DHS to
[[Page 34516]]
allow a request for waiver of the fees required for certain immigration
benefit requests. However, where the new specific language in HR-1
states that the fees ``shall not be waived or reduced'' DHS interprets
HR-1 as superseding section 245(l)(7), 1255(l)(7), for purposes of the
new fees imposed by HR-1. Although a waiver of the USCIS fee under 8
CFR 106.3(a)(3)(iii) of the fee required by 8 CFR 106.2(a) may be
requested, USCIS will not waive such a fee required by HR-1 and a
request for such may not be submitted.
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\25\ ``The Secretary of Homeland Security shall permit aliens to
apply for a waiver of any fees associated with filing an application
for relief through final adjudication of the adjustment of status
for a VAWA self-petitioner and for relief under sections
1101(a)(15)(T), 1101(a)(15)(U), 1105a, 1229b(b)(2), and 1254a(a)(3)
of this title (as in effect on March 31, 1997).''
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E. HR-1 Fees Not in the Notice
This notice does not announce all of the fees required or
authorized by HR-1. DHS will announce the collection of any fees not
covered in this notice in a future action. USCIS is not announcing
certain fees required by HR-1 in this notice as follows:
The IMMIGRATION PAROLE FEE required by section 100004
(parole fee) of HR-1. HR-1 contains multiple exceptions to the
requirement for the parole fee and DHS must interpret how the
exceptions should be applied. DHS will announce the parole fee in a
future publication.
The VISA INTEGRITY FEE required by section 100007 of HR-1
for any alien issued a nonimmigrant visa at the time of such issuance.
The VISA INTEGRITY FEE requires cross-agency coordination before
implementing; the fee will be implemented in a future publication.
The FORM I-94 FEE required by section 100008 of HR-1 is
required from any alien who submits an application for a Form I-94
Arrival/Departure Record. DHS will be issuing guidance on the Form I-94
fee requirements in a future publication.
The ELECTRONIC SYSTEM FOR TRAVEL AUTHORIZATION (ESTA) fee
required by section 100014 of HR-1. These are not USCIS administered
fees.
The ELECTRONIC VISA UPDATE SYSTEM FEE required by section
100015 (Visa update fee) and the FEE FOR ALIENS ORDERED REMOVED IN
ABSENTIA (in absentia fee) required by section 100016 are not USCIS
administered fees.
DHS will continue to work toward implementation of the remaining
fees applicable to USCIS, specifically: (1) fees related to Form I-131,
Application for Travel Documents, Parole Documents, and Arrival/
Departure Records, and (2) Form I-102, Application for Replacement/
Initial Nonimmigrant Arrival-Departure Document.
III. Effective Date and Implementation
DHS recognizes that HR-1 became effective upon Presidential
signature on July 4, 2025, and we are working to implement the
statutory mandates as soon as practicable. This notice explains how we
will collect the required fees. While that work is ongoing, and in an
effort to implement the plain terms of HR-1 as quickly as possible,
USCIS will begin collecting the filing fees for fiscal year 2025 for
any immigration benefit requests postmarked on or after July 22, 2025.
In addition, DHS has balanced the impact on the public of imposing HR-1
fees and the timeliness of complying with the statutory mandates.
Because of the time needed by DHS and USCIS to issue guidance on and
operationalize the required fees, and for the public to adapt their
immigration benefit requests that are in process to the changes,
requests postmarked on or after August 21, 2025 without the proper
filing fee will be rejected. DHS has determined that the policy
required by this Notice is the most equitable path forward in order to
effectuate HR-1 as expeditiously as practicable. The HR-1 fees are
required by law, but for additional clarity, DHS may codify these fees
in 8 CFR part 106 in a future rule.
IV. Paperwork Reduction Act
This notice is not subject to the Paperwork Reduction Act, 44
U.S.C. 3501-3521 (PRA). The PRA does not preclude the imposition of a
penalty on an entity for failing to comply with a collection of
information that is imposed on the entity by statute. See 5 CFR
1320.6(e).
Angelica Alfonso-Royals,
Acting Director, United States Citizenship and Immigration Services.
[FR Doc. 2025-13738 Filed 7-18-25; 4:15 pm]
BILLING CODE 9111-97-P