H.R.1 Brings New Fees to Asylum and Work Permits
Published Date: 4/29/2026
Rule
Summary
Starting May 29, 2026, new immigration fees and rules kick in thanks to the H.R.1 bill. If you’re applying for asylum, work permission, or using Form I-94, expect updated fees and deadlines. These changes affect many immigrants and aim to keep the process clear and fair, with a chance to share your thoughts by June 29, 2026.
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Analyzed Economic Effects
5 provisions identified: 0 benefits, 5 costs, 0 mixed.
Annual Asylum Fee: $100 Per Year
For FY2025 and later, asylum applicants with pending applications must pay a minimum $100 Annual Asylum Fee (AAF) for each calendar year the application remains pending. DHS will send individualized notices and gives a 30‑day window for online payment; failure to pay within 30 days will result in rejection of the pending Form I-589, termination of the USCIS asylum application, immediate termination or denial of associated employment authorization, and possible initiation of expedited removal or issuance of a Notice to Appear if the applicant lacks lawful status.
Asylum Filing Fee Retained on Rejection
Beginning May 29, 2026, the asylum application filing fee (minimum $100 as implemented by prior notices) must be included when filing Form I-589 and USCIS will retain that fee if the Form I-589 is later rejected. DHS codifies that retained filing fees are consistent with 8 CFR 103.2 and that 50% of fees received will be credited to USCIS and 50% to EOIR per 8 U.S.C. 1802(d).
TPS Work Authorization Limited to One Year
This rule limits Temporary Protected Status (TPS)-based employment authorization documents to a validity period of one year, or to the remaining period of designation if shorter. The change is codified in the CFR and aligns TPS EAD validity with the statutory limits in H.R.1.
Annual Inflation Adjustment of Immigration Fees
H.R.1 requires DHS to adjust immigration-related fees annually for inflation using the percentage change in the CPI‑U for July compared to the prior year, rounding fees to the next lowest multiple of $10 or down to the nearest dollar. DHS is implementing that annual adjustment process beginning in FY 2026 for the fees codified by this rule.
New $24 Form I-94 Fee
Starting May 29, 2026, anyone who files Form I-102 to request a Form I-94 must pay a minimum $24 Form I-94 fee in addition to existing USCIS filing fees. The $24 fee is adjusted annually for inflation, cannot be waived or reduced, and does not apply when USCIS must correct a Form I-94 because of a DHS error.
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