[Federal Register Volume 90, Number 223 (Friday, November 21, 2025)]
[Notices]
[Pages 52693-52695]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-20622]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2838-25]
Inflation Adjustment to HR-1 Immigration Fees
AGENCY: U.S. Citizenship and Immigration Services, DHS.
ACTION: Notice of inflationary fee adjustment.
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SUMMARY: U.S. Citizenship and Immigration Services (USCIS), a component
of the Department of Homeland Security (DHS), is announcing
inflationary adjustments to immigration-related fees administered by
USCIS under the One Big Beautiful Bill Act (HR-1) for Fiscal Year (FY)
2026. HR-1 mandates that USCIS adjust the HR-1 fees. This notice
outlines the adjusted fees and their effective date.
DATES: The fees announced in this notice are effective on or after
January 1, 2026. Any immigration benefit request postmarked on or after
January 1, 2026 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). Individuals with hearing
or speech impairments may access the telephone number above via TTY by
calling the toll-free Federal Information Relay Service at 1-877-889-
5627 (TTY/TDD).
SUPPLEMENTARY INFORMATION:
Table of Abbreviations
BLS--U.S. Bureau of Labor Statistics
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
INA--Immigration and Nationality Act
TPS--Temporary Protected Status
USCIS--U.S. Citizenship and Immigration Services
I. Background and Authority
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), a
comprehensive legislative package that amended various laws, including
the Immigration and Nationality Act (INA). Among its changes, HR-1
introduced new
[[Page 52694]]
immigration fees as minimum amounts for Fiscal Year (FY) 2025,
authorized agencies to adjust them through rulemaking, and mandated
annual updates based on the Consumer Price Index for All Urban
Consumers (CPI-U). See HR-1, Title X, Subtitle A, Part I, Sections
100001 through 100018.
On July 22, 2025, USCIS published a Federal Register Notice
announcing the implementation of these fees. See 90 FR 34511 (July 22,
2025).
$100 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.
$550 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)). Sec. 10003(a).
$275 fee for renewals and extensions of employment
authorization for asylum applicants. Sec. 100011.
$550 fee for 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).
$275 fee for renewals and extensions of employment
authorization based on a grant of parole. Sec. 100010.
$550 fee for an alien who files an initial employment
authorization application under Temporary Protected Status (TPS). Sec.
100003(c).
$275 fee for renewals and extensions of employment
authorization for aliens granted TPS. Sec. 100012.
$500 fee for first-time applicants filing Form I-821,
Application for Temporary Protected Status, not including the $30
biometric services fee. Sec. 100006.
$250 fee for any alien who files Form I-360, Petition for
Amerasian, Widow(er), or Special Immigrant for Special Immigrant
Juvenile (SIJ) status under section 101(a)(27)(J), 8 U.S.C.
1101(a)(27)(J). Sec. 100005.
$100 annual fee for all aliens with a pending asylum
application for each calendar year the application remains pending.
Sec. 100009.\1\
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\1\ On October 30, 2025, as required by an order issued in in
Asylum Seeker Advocacy Project v. United States Citizenship and
Immigration Services, et al., SAG-25-03299 (D. Md.), USCIS paused
the implementation of the July 22, 2025 notice as it relates to
annual asylum fee notices. Any applicant who has received a notice
from USCIS may disregard that notice pending updated instructions.
That order does not affect the adjustment of the amount of the AAF
as required by the law and announced in this notice.
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HR-1 requires that DHS, beginning in FY 2026 and continuing for
each subsequent fiscal year, adjust the immigration-related fees for
inflation. HR-1 prescribes that DHS use the percentage change to the
CPI-U for the month of July in the current year compared to the
preceding calendar year, and round each fee to the next lowest multiple
of $10 or down to the nearest dollar as authorized by HR-1. See e.g.
Sec. 100002(c) or Sec. 100007(a)(3).
II. Basis for Adjustment
In accordance with the provisions outlined in HR-1, most fees
established for various immigration-related applications and benefit
requests are subject to annual inflation adjustments. USCIS calculated
these adjustments using the percentage change in the CPI-U from July
2024 to July 2025, with most fees ``rounded to the next lowest multiple
of $10'' as required by HR-1. See e.g., sec 100002(c). Section 100009
specifies that the Annual Asylum Fee is adjusted for inflation and
rounded down to the nearest ``dollar.'' See sec 100009(b)(2)(B). This
approach aligns with HR-1 requirements to use the percentage change in
CPI-U from the ``month of July preceding the date on which such
adjustment takes effect . . . for the same month of the preceding
calendar year.'' Id. In July 2024, the CPI-U was 314.540 and in July
2025 it was 323.048.\2\ Therefore, between July 2024 and July 2025, the
CPI-U increased by approximately 2.70 percent.\3\ When this percentage
increase is applied to the current (FY 2025) HR-1 fees and rounded to
the next lowest $10 increment, some fees increase by $5, $10, or $20.
Some fees will not change because the inflation adjusted amount is
equal to the current fee when rounded to the next lowest $10 increment.
Table 1 summarizes the HR-1 fees for FY 2026 which USCIS collects.
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\2\ See U.S. Bureau of Labor Statistics (BLS), CPI-U Series Id
CUUR0000SA0, https://data.bls.gov/timeseries/CUUR0000SA0 (last
visited Sep. 24, 2025).
\3\ DHS calculated this by subtracting the July 2024 CPI-U
(314.540) from the July 2025 CPI-U (323.048), then dividing the
result (8.508) by the July 2024 CPI-U (314.540). Calculation:
(323.048-314.540)/314.540 = 0.0270 x 100 = 2.705 percent.
\4\ Public Law 119-21 section 100011, which governs fees for
Renewal or Extension of Employment Authorization for Asylum
Applicants, does not provide for inflationary adjustments.
Table 1--HR-1 Inflation Adjustments for FY 2026
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Round
Current CPI-U Inflation Fee plus Round down to FY 2026
Immigration fee type fee change adjustment inflation down to nearest Fee increase fee
(%) $10 dollar
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I-589 Asylum Fee (Initial fee for aliens $100 2.70 $2.70 $102.70 $100 N/A $0............................... $100
filing an application for asylum).
I-589 Annual Pending Asylum Application Fee 100 2.70 2.70 102.70 N/A 102 $2............................... 102
I-765 Initial Asylum Applicant Employment 550 2.70 14.88 564.88 560 N/A $10.............................. 560
Authorization Document (EAD).
I-765 Renewal or Extension of Asylum 275 N/A N/A N/A N/A N/A HR-1 does not provide for 275
Applicant EAD. adjustment \4\.
I-765 Initial Parole EAD--Valid for 1 year. 550 2.70 14.88 564.88 560 N/A $10.............................. 560
I-765 Renewal or Extension of Parole EAD-- 275 2.70 7.44 282.44 280 N/A $5............................... 280
Valid for 1 year.
I-765 Initial Temporary Protected Status 550 2.70 14.88 564.88 560 N/A $10.............................. 560
(TPS) EAD--Valid for 1 year or the
duration of the TPS designation whichever
is shorter.
I-765 Renewal or Extension of TPS EAD-- 275 2.70 7.44 282.44 280 N/A $5............................... 280
Valid for 1 year.
I-131 EAD upon new period of Parole (Re- 275 2.70 7.44 282.44 280 N/A $5............................... 280
parole).
I-821 TPS Fee.............................. 500 2.70 13.52 513.52 510 N/A $10.............................. 510
I-360 Special Immigrant Juvenile (SIJ) Fee. 250 2.70 6.76 256.76 250 N/A $0............................... 250
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[[Page 52695]]
For the fees outlined in this notice, the statute clearly states
that agencies should round inflation adjustments down to the nearest
dollar or, in most cases, to the ``next lowest multiple of $10.''
Consistent with the statute, when applicable, USCIS is rounding down to
the next lowest multiple of $10 increment rather than rounding to the
nearest $10 increment.
The methodology USCIS used ensures that fees keep pace with
inflation as enacted by Congress in HR-1.\5\
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\5\ See e.g., sec 100002(c).
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III. Effective Date and Implementation
USCIS will require the filing fees for FY 2026 established in this
notice for any immigration benefit requests postmarked on or after
January 1, 2026. Because of the time needed by DHS and USCIS to issue
guidance on and operationalize the change in 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 January 1, 2026
without the proper filing fee will be rejected. DHS has determined that
the policy required by this Notice is the most equitable path forward
to effectuate collection of HR-1 fees for FY 2026 as expeditiously as
practicable for the fees administered by USCIS.\6\ The initial HR-1
fees and subsequent inflation adjustments are required by law, but for
additional clarity, DHS may codify the fees covered by this notice and
annual adjustments in 8 CFR part 106 in a future rule.
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\6\ The fee required by section 100004 of HR-1 from any alien
who is paroled into the United States, and by section 100008 from
any alien who submits an application for a Form I-94 Arrival/
Departure Record, will be adjusted for inflation as required by the
law in a subsequent notice in the Federal Register. DHS or the
relevant component of DHS will explain the effective dates for
implementation of the changes that are announced in each notice,
rule, or guidance document.
Joseph B. Edlow,
Director, U.S. Citizenship and Immigration Services.
[FR Doc. 2025-20622 Filed 11-20-25; 8:45 am]
BILLING CODE 9111-97-P