Title 8Aliens and NationalityRelease 119-83

§1803 Employment Authorization Document Fees

Title 8 › Chapter 16— IMMIGRATION FEES › § 1803

Last updated Apr 18, 2026|Official source

Summary

The Department of Homeland Security (DHS) must charge a fee when certain noncitizens file a first application for work permission in three situations: when tied to an asylum filing under section 1158(d)(2), when paroled into the United States, or when applying under temporary protected status (section 1254a(a)(1)(B)). For fiscal year 2025 the fee is the larger of $550 or an amount DHS sets by rule. For fiscal year 2026 and each year after, the fee equals the prior year’s fee plus an increase based on the percent change in the Consumer Price Index for All Urban Consumers for July compared with the previous July; that increase is applied and then rounded down to the nearest $10. Fees cannot be waived or reduced. For people paroled into the U.S. and for those with temporary protected status, each initial work permit lasts 1 year or for the length of the parole/TPS, whichever is shorter. For asylum-related applicants, the law requires the fee but does not change other rules here. Of the fees collected from asylum-related applicants, 25 percent goes to U.S. Citizenship and Immigration Services and is placed in the Immigration Examinations Fee Account; USCIS may spend that money without another appropriation, and at least 50 percent of that 25 percent must be used to detect and prevent immigration benefit fraud. Any fees not credited to USCIS and all fees from parole or TPS applicants go into the U.S. Treasury general fund.

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