Title 8Aliens and NationalityRelease 119-83

§1803 Employment authorization document fees

Title 8 › Chapter CHAPTER 16— - IMMIGRATION FEES › § 1803

Last updated Apr 18, 2026|Official source

Summary

The Secretary of Homeland Security must charge a fee when someone files their first application for a work permit in three cases: as part of an asylum application, if they were paroled into the United States, or if they have Temporary Protected Status. For fiscal year 2025 the fee will be at least $550 or a higher amount the Secretary may set by rule. For fiscal year 2026 and later, the fee will be last year’s fee plus an increase tied to the Consumer Price Index for All Urban Consumers (the July comparison to the prior July), and that increase is rounded down to the nearest $10. For parolees and TPS applicants, the work permit is valid for 1 year or for the length of their parole or TPS, whichever is shorter. Money rules: 25% of fees from asylum-related filings go to U.S. Citizenship and Immigration Services (USCIS) and into the Immigration Examinations Fee Account; USCIS may keep and spend that money, and at least 50% of it must be used to detect and prevent immigration benefit fraud. Any other collected amounts go to the U.S. Treasury general fund. None of these fees can be waived or reduced.

Full Legal Text

Title 8, §1803

Aliens and Nationality — Source: USLM XML via OLRC

(a)(1)In addition to any other fee authorized by law, the Secretary of Homeland Security shall require the payment of a fee, equal to the amount specified in this subsection, by any alien who files an initial application for employment authorization under section 1158(d)(2) of this title at the time such initial employment authorization application is filed.
(2)During fiscal year 2025, the amount specified in this subsection shall be the greater of—
(A)$550; or
(B)such amount as the Secretary of Homeland Security may establish, by rule.
(3)During fiscal year 2026, and during each subsequent fiscal year, the amount specified in this section shall be equal to the sum of—
(A)the amount of the fee required under this section for the most recently concluded fiscal year; and
(B)the product resulting from the multiplication of the amount referred to in subparagraph (A) by the percentage (if any) by which the Consumer Price Index for All Urban Consumers for the month of July preceding the date on which such adjustment takes effect exceeds the Consumer Price Index for All Urban Consumers for the same month of the preceding calendar year, rounded to the next lowest multiple of $10.
(4)During each fiscal year—
(A)25 percent of the fees collected pursuant to this subsection—
(i)shall be credited to U.S. Citizenship and Immigration Services;
(ii)shall be deposited into the Immigration Examinations Fee Account established under section 1356(m) of this title; and
(iii)may be retained and expended by U.S. Citizenship and Immigration Services without further appropriation, provided that not less than 50 percent is used to detect and prevent immigration benefit fraud; and
(B)any amounts collected pursuant to this subsection that are not credited to U.S. Citizenship and Immigration Services pursuant to subparagraph (A) shall be deposited into the general fund of the Treasury.
(5)Fees required to be paid under this subsection shall not be waived or reduced.
(b)(1)In addition to any other fee authorized by law, the Secretary of Homeland Security shall require the payment of a fee, equal to the amount specified in this subsection, by any alien paroled into the United States for any initial application for employment authorization at the time such initial application is filed. Each initial employment authorization shall be valid for a period of 1 year or for the duration of the alien’s parole, whichever is shorter.
(2)During fiscal year 2025, the amount specified in this subsection shall be the greater of—
(A)$550; or
(B)such amount as the Secretary of Homeland Security may establish, by rule.
(3)During fiscal year 2026, and during each subsequent fiscal year, the amount specified in this subsection shall be equal to the sum of—
(A)the amount of the fee required under this subsection for the most recently concluded fiscal year; and
(B)the product resulting from the multiplication of the amount referred to in subparagraph (A) by the percentage (if any) by which the Consumer Price Index for All Urban Consumers for the month of July preceding the date on which such adjustment takes effect exceeds the Consumer Price Index for All Urban Consumers for the same month of the preceding calendar year, rounded to the next lowest multiple of $10.
(4)All of the fees collected pursuant to this subsection shall be deposited into the general fund of the Treasury.
(5)Fees required to be paid under this subsection shall not be waived or reduced.
(c)(1)In addition to any other fee authorized by law, the Secretary of Homeland Security shall require the payment of a fee, equal to the amount specified in this subsection, by any alien who files an initial application for employment authorization under section 1254a(a)(1)(B) of this title at the time such initial application is filed. Each initial employment authorization shall be valid for a period of 1 year, or for the duration of the alien’s temporary protected status, whichever is shorter.
(2)During fiscal year 2025, the amount specified in this subsection shall be the greater of—
(A)$550; or
(B)such amount as the Secretary of Homeland Security may establish, by rule.
(3)During fiscal year 2026, and during each subsequent fiscal year, the amount specified in this subsection shall be equal to the sum of—
(A)the amount of the fee required under this subsection for the most recently concluded fiscal year; and
(B)the product resulting from the multiplication of the amount referred to in subparagraph (A) by the percentage (if any) by which the Consumer Price Index for All Urban Consumers for the month of July preceding the date on which such adjustment takes effect exceeds the Consumer Price Index for All Urban Consumers for the same month of the preceding calendar year, rounded to the next lowest multiple of $10.
(4)All of the fees collected pursuant to this subsection shall be deposited into the general fund of the Treasury.
(5)Fees required to be paid under this subsection shall not be waived or reduced.

Reference

Citations & Metadata

Citation

8 U.S.C. § 1803

Title 8Aliens and Nationality

Last Updated

Apr 18, 2026

Release point: 119-83