By: Hector A. Chichoni, Esq. and Marcela Bermudez, Esq.
The USCIS continues to increase fees for various immigration applications and benefits, with new fees taking effect for applications postmarked on or after July 22, 2025. Applications postmarked on or after August 21, 2025, with the incorrect fees will be rejected. The fee increases are part of the One Big Beautiful Bill Act (OBBBA) (H.R.1), which was signed into law on July 4, 2025, and includes provisions for new fees and increased funding for border security and enforcement. These new fees listed below are in addition to any of the current filing fees, if applicable. The current fees and HR-1 fees must be submitted separately.
New Filing Fees and Fee Increases
The Federal Register Notice published by USCIS on July 18, 2025, provided several new USCIS processing fees for certain forms, as follows:
- Form I-589, Application for Asylum and Withholding of Removal: a new filing fee of $100
- Annual Asylum Fee: a new fee of $100 to be paid by all applicants with a pending Form I-589 for each calendar year that the application remains pending after October 1, 2024. USCIS will notify applicants when the fee is due, including the amount due, when it must be paid, how to pay, and the consequences of failing to pay.
- Form I-765, Application for Employment Authorization:
- $550 for an initial EAD application for the following categories: asylum, parolee, and Temporary Protected Status (TPS) (which includes (a)(4), (a)(12), (c)(8), (c)(11), (c)(19), and (c)(34)).
- $275 for requests for extension in the aforementioned categories.
- Exception: The fee for an EAD after USCIS approves a new period of parole (re-parole) by filing Form I-131, Application for Parole Documents, will be $275.
- Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant: a new filing fee of $250 will be charged for applicants seeking status as a Special Immigrant Juvenile (SIJ).
- Form I-821, Application for Temporary Protected Status: an increase in the fee from $50 to $500.
Fee Waivers and Annual Adjustments
The new fees imposed by HR-1 cannot be waived or reduced. However, if the requester is eligible for a fee waiver of the existing filing fees (which are not part of HR-1), they may submit Form I-912, Request for Fee Waiver.
All HR-1 fees are subject to yearly increases tied to inflation, as required by DHS.
Change in Period of Employment Authorization
For parolees, the initial employment authorization period has now been changed to a period of no more than one year or for the duration of the foreign national’s parole, whichever is shorter.
For TPS holders, the initial and renewal employment authorization period has now been changed to a period of no more than one year or for the duration of the TPS holder’s status, whichever is shorter.
Visa Integrity Fee, I-94 Fee Increase, and Other Fees
The Federal Register references several other fees that have been required or authorized by HR-1, but that have not been announced in this Federal Register. These fees are related to Form I-131, Application for Travel Documents, Parole Documents and Arrival/Departure Records, Form I-102, Application for Replacement/Initial Nonimmigrant Arrival/Departure Records, and several others, which will be announced in future publications.
The Visa Integrity Fee is intended to address visa over-stays. By providing an incentive to receive the fee back after complying with the terms of the visa, the government aims to reduce non-compliance by foreign nationals. This fee of $250 is expected to increase over time in proportion to inflation. The Visa Integrity Fee does not apply to individuals who are visa-exempt, such as Canadian nationals or nationals of Visa Waiver Program (VWP) countries who are required to apply for the Electronic System for Travel Authorization (ESTA). According to the OBBBA, the Visa Integrity Fee will be refunded to applicants at the expiration of their visa period, provided they have demonstrated compliance with the visa terms.
Further, the OBBBA stipulates that applicants requesting Form I-94, Arrival/Departure Record, will be subject to a fee of no less than $24. This fee will also be adjusted over time to account for inflation but will not be refundable.
Employers should be aware of the APPLICABLE new and increased fees, particularly those that may significantly impact workforce planning and budgeting. Proactive planning will help mitigate risks related to work authorization interruptions or compliance issues.
Important Date: August 21, 2025 – USCIS will begin rejecting applications submitted with incorrect fees.
Employers and individuals are strongly encouraged to prepare for these changes to avoid unnecessary delays, rejections, and denials.