Title 8Aliens and NationalityRelease 119-73

§1807 Form I–94 fee

Title 8 › Chapter CHAPTER 16— - IMMIGRATION FEES › § 1807

Last updated Apr 6, 2026|Official source

Summary

Anyone who applies for a Form I–94 must pay a fee. For fiscal year 2025 the fee is the higher of $24 or an amount the Secretary of Homeland Security sets by rule. For fiscal year 2026 and after, the fee equals the prior year’s fee plus an increase based on the July-to-July change in the Consumer Price Index for All Urban Consumers, rounded down to the nearest dollar. Each year 20% of the fees go into the Land Border Inspection Fee Account and are available to U.S. Customs and Border Protection to keep and spend for processing Form I–94. The rest goes to the Treasury general fund. The fee cannot be waived or reduced.

Full Legal Text

Title 8, §1807

Aliens and Nationality — Source: USLM XML via OLRC

(a)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 subsection (b), by any alien who submits an application for a Form I–94 Arrival/Departure Record.
(b)(1)For fiscal year 2025, the amount specified in this section shall be the greater of—
(A)$24; or
(B)such amount as the Secretary of Homeland Security may establish, by rule.
(2)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 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 down to the nearest dollar.
(c)During each fiscal year—
(1)20 percent of the fees collected pursuant to this section—
(A)shall be deposited into the Land Border Inspection Fee Account in accordance with section 1356(q)(2) of this title; and
(B)shall be made available to U.S. Customs and Border Protection to retain and spend without further appropriation for the purpose of processing Form I–94; and
(2)any amounts not deposited into the Land Border Inspection Fee Account pursuant to paragraph (1)(A) shall be deposited in the general fund of the Treasury.
(d)Fees required to be paid under this section shall not be waived or reduced.

Reference

Citations & Metadata

Citation

8 U.S.C. § 1807

Title 8Aliens and Nationality

Last Updated

Apr 6, 2026

Release point: 119-73