USCIS Patches Fee Schedule Errors From Reconciliation Bill
Published Date: 7/21/2026
Rule
Summary
This update fixes a mistake in the April 2026 immigration fee rules tied to the big H.R. 1 bill. It affects people applying for asylum, work permits, and travel forms by clarifying fees and rules that started May 29, 2026. If you’re dealing with USCIS forms or fees, this correction makes sure everything’s clear and fair moving forward.
Analyzed Economic Effects
6 provisions identified: 1 benefits, 5 costs, 0 mixed.
30‑Day EAD Processing Restored
If you applied for employment authorization based on a pending asylum application, USCIS must decide your initial (c)(8) EAD application within 30 days of filing. This 30‑day rule is restored and applies to applications pending on, or filed on or after, May 29, 2026.
EADs Denied or Rejected After Asylum Rejection
If your asylum application is denied or rejected, any (c)(8) employment authorization application you file after that will be rejected, and any (c)(8) EAD that is still pending when your asylum application is denied or rejected will be denied. This change is effective as applied beginning May 29, 2026.
Asylum Filing Fee Must Be Paid and Kept
USCIS requires that every asylum application include the filing fee required by 8 U.S.C. 1802 at the time of filing, and that fee is retained and not refundable even if the application is rejected. This requirement was codified by the April 29, 2026 IFR and applies as implemented.
Annual Asylum Fee (AAF) Requirement Enforced
The IFR codified an Annual Asylum Fee (AAF) requirement under 8 U.S.C. 1808 and specified consequences for failing to pay the AAF, including limits related to employment authorization under 8 U.S.C. 1810(b). Those AAF requirements and consequences are part of the regulatory changes implemented by the IFR.
Limits on TPS Employment Authorization Validity
The IFR implemented H.R.1 limits on the validity period for certain types of Temporary Protected Status (TPS) employment authorization under 8 U.S.C. 1803(c) and 8 U.S.C. 1811(a). Those limits on the duration of TPS‑based work authorization are part of the regulatory changes codified by the IFR.
Form I‑94 Fee Requirement Codified
The IFR codified the Form I‑94 fee requirement (8 U.S.C. 1807) as it applies to USCIS, meaning individuals covered by that rule are subject to the I‑94 fee as implemented in the IFR.
Personalized for You
How does this regulation affect your finances?
Personalize government policy and PRIA will tell you what this federal register document means for your household, plus every other regulation we track. PRIA reads each provision against your financial profile to show you exactly what matters to your wallet.
Key Dates
Department and Agencies
Related Federal Register Documents
2026-20660, Optional Practical Training Fees
Starting soon, international students using Optional Practical Training (OPT) will face new fees: $70,000 for their first OPT and $30,000 for any extra OPT periods. This change aims to stop fraud and protect U.S. workers. If you want to share your thoughts, make sure to comment by November 9, 2026!
2026-20650, Low-Value Shipments
The U.S. Customs and Border Protection is proposing new rules to make importing low-value goods (under $2,500) easier and more electronic, especially for mail shipments. They want to add new data requirements for carriers and require bonds for some shipments to keep things safe and smooth. If you’re involved in shipping or receiving small packages, get ready to adapt by December 7, 2026, when comments on these changes close.
2026-20087, Clarification of Certain Mariner Training Requirements
The Coast Guard wants to simplify training rules for certain mariners, like Masters and Officers in charge of smaller vessels and engineers with big engines. They’re removing six outdated or duplicate requirements to make things clearer and easier while matching international standards. If you’re affected, get ready to share your thoughts by December 30, 2026—no extra costs, just smoother sailing ahead!
2026-20016, U.S. Citizenship and Immigration Services Employment-Based Immigrant Visa, Fifth Preference (EB-5) Fee Rule
Starting November 30, 2026, USCIS is updating the fees for the EB-5 immigrant visa program, which helps investors and their families get green cards. These changes reflect new rules from the EB-5 Reform and Integrity Act of 2022 and include adjusted costs to keep the program fair and efficient. If you're applying or renewing your EB-5 visa after this date, be ready to pay the new fees!
2026-17390, Automated Commercial Environment (ACE) Electronic Export Manifest for Rail Cargo
Starting October 26, 2026, all rail cargo leaving the U.S. must have its export info sent electronically through the Automated Commercial Environment (ACE). This new rule helps Customs keep cargo safe and makes trade smoother for rail exporters. Rail companies and exporters should get ready because enforcement begins a year later, on October 26, 2027.
2026-17324, Fee for Certain H-1B Petitions
The Department of Homeland Security (DHS) proposes to establish a $103,265 fee, payable at the time of filing, for all H-1B cap-subject petitions, including those eligible for the advanced degree exemption, which would be imposed in addition to all other applicable fees or payments. This fee would serve as a dedicated revenue mechanism to help recover a portion of the federal government's costs of administering the lawful immigration system, including activities carried out by DHS, the U.S. Department of Justice (DOJ), the U.S. Department of State (DOS), and the U.S. Department of Labor (DOL).
Previous / Next Documents
Previous: 2026-14697, Fisheries of the Northeastern United States; Summer Flounder Fishery; Quota Transfer From North Carolina to Massachusetts
North Carolina is sharing part of its 2026 summer flounder fishing quota with Massachusetts to help both states meet their fishing goals. This change starts July 20, 2026, and lasts through the end of the year, making sure the total fish catch stays fair and balanced. Fishermen in both states will see updated limits, keeping the summer flounder fishery healthy and on track.
Next: 2026-14701, General Technical, Organizational, Conforming, and Correcting Amendments to the Federal Motor Carrier Safety Regulations
The FMCSA fixed small mistakes and updated old info in the truck safety rules to make them clearer and easier to follow. These changes don’t add new rules or costs, so truck drivers and companies can keep rolling without extra hassle. The updates take effect on July 21, 2026, and anyone wanting to ask for changes must do so by August 20, 2026.