Title 8, Aliens and NationalityRelease 119-110

§1803 Employment Authorization Document Fees

Title 8 › CHAPTER 16 — IMMIGRATION FEES › § 1803

Last updated Sep 22, 2026|Official source

Summary

Anyone filing an initial application for permission to work as an asylum seeker, a person paroled into the United States, or someone with temporary protected status must pay a fee when they file, in addition to any other required fees. For fiscal year 2025 the fee is the greater of $550 or a different amount the Department of Homeland Security sets by rule. Starting in fiscal year 2026 and each year after, the fee will be increased for inflation using the Consumer Price Index for All Urban Consumers for July and then rounded down to the nearest $10. Fees cannot be waived or reduced. For parolees and people with temporary protected status, each initial work permit is valid for one year or for the length of their parole or status, whichever is shorter. The money is handled differently by group. For asylum applicants, 25% of the fees go to U.S. Citizenship and Immigration Services and are placed in the Immigration Examinations Fee Account; USCIS may keep and spend that money, but at least 50% of that share must be used to detect and prevent immigration benefit fraud. Any asylum fees not credited to USCIS, and all fees from parolees and those with temporary protected status, are deposited into the U.S. Treasury general fund.

Full Legal Text

Title 8, §1803

Aliens and Nationality, Source: USLM XML via OLRC

(a)Asylum applicants
(1)In general
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)Initial amount
During fiscal year 2025, the amount specified in this subsection shall be the greater of— (A)
(B)such amount as the Secretary of Homeland Security may establish, by rule.
(3)Annual adjustments for inflation
During fiscal year 2026, and during each subsequent fiscal year, the amount specified in this section shall be equal to the sum of— (A)
(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)Disposition of employment authorization document fees
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)No fee waiver
Fees required to be paid under this subsection shall not be waived or reduced.
(b)Parolees
(1)In general
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)Initial amount
During fiscal year 2025, the amount specified in this subsection shall be the greater of— (A)
(B)such amount as the Secretary of Homeland Security may establish, by rule.
(3)Annual adjustments for inflation
During fiscal year 2026, and during each subsequent fiscal year, the amount specified in this subsection shall be equal to the sum of— (A)
(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)Disposition of parolee employment authorization application fees
All of the fees collected pursuant to this subsection shall be deposited into the general fund of the Treasury.
(5)No fee waiver
Fees required to be paid under this subsection shall not be waived or reduced.
(c)Temporary protected status
(1)In general
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)Initial amount
During fiscal year 2025, the amount specified in this subsection shall be the greater of— (A)
(B)such amount as the Secretary of Homeland Security may establish, by rule.
(3)Annual adjustments for inflation
During fiscal year 2026, and during each subsequent fiscal year, the amount specified in this subsection shall be equal to the sum of— (A)
(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)Disposition of employment authorization application fees collected from aliens granted temporary protected status
All of the fees collected pursuant to this subsection shall be deposited into the general fund of the Treasury.
(5)No fee waiver
Fees required to be paid under this subsection shall not be waived or reduced.

Reference

Citations & Metadata

Citation

8 U.S.C. § 1803

Title 8, Aliens and Nationality

Last Updated

Sep 22, 2026

Release point: 119-110