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.
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Key Dates
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