Immigration User Fee — The Per-Passenger Fee Airlines and Cruise Lines Collect to Fund Border Inspection
Legal Authority
- 8 U.S.C. § 1356 — Immigration and Nationality Act § 286; authorizes DHS to collect immigration user fees from carriers (airlines, cruise lines, vessel operators) for each passenger arriving in the United States; mandates that collected fees be used specifically to fund the costs of immigration inspections at ports of entry; prohibits fee diversion to other government uses
- 8 CFR Part 286 — DHS/USCIS/CBP implementing regulation; establishes fee amounts, collection and remittance procedures, carrier liability for collection failures, penalties for late remittance, and the specific per-passenger and per-aircraft fee schedule
Key Mechanics
The immigration user fee (also called the APHIS user fee for its agriculture inspection component, or the customs user fee for the customs inspection component) is a per-passenger charge that airlines, cruise lines, and other commercial carriers collect from international travelers at the time of ticket purchase and remit to the federal government. The fee funds CBP's immigration inspection operations at airports and seaports. Current fees: $7.00 per passenger for air arrivals ($3.96 for the immigration inspection component; the remainder covers agriculture inspection under a parallel APHIS user fee at 7 CFR Part 354). The carrier collects the fee on behalf of the government and must remit it on a regular schedule — typically monthly or quarterly depending on volume. Carriers bear strict liability for uncollected fees: if a carrier fails to collect from a passenger, the carrier owes the fee regardless. Late remittance triggers interest and penalties. Certain passengers are exempt: U.S. citizens and nationals, aliens with valid immigrant visas, Mexican citizens crossing under Border Crossing Cards for short trips, Canadian citizens entering from Canada or Mexico under certain conditions, and transit passengers who do not clear U.S. customs. The fee applies per arriving trip, not per ticket; a passenger making a connecting international flight with a U.S. stopover owes the fee on each arrival.
Current Rule (2026)
| Parameter | Value |
|---|---|
| Citation | 8 CFR Part 286 |
| Issuing agency | Department of Homeland Security — U.S. Citizenship and Immigration Services (USCIS) / CBP |
| Statutory authority | 8 U.S.C. § 1356 (Immigration and Nationality Act § 286) |
| Last major amendment | No recent Federal Register amendments |
What This Rule Does
Every international airline and cruise ship arriving in the United States collects a small per-passenger fee that funds the cost of immigration inspection services. Eight CFR Part 286 establishes how this immigration user fee works: who owes it, who collects it, who may be exempted, how the money must be remitted to the federal government, and what penalties apply to carriers that fail to comply.
The fee is charged per arriving passenger on commercial aircraft and vessels, and it flows from carriers — not directly from passengers — to the government. Airlines and cruise lines build the fee into ticket prices, collect it at the point of sale, and remit it on a schedule set by the regulations. The money funds the immigration inspection infrastructure that processes millions of international arrivals every year.
Key Provisions
- § 286.1 — Definitions: "adjacent islands" are listed explicitly (including the Bahamas, Caribbean islands, Bermuda, and others) and are relevant to determining whether a voyage qualifies as an international arrival; carriers operating regular scheduled service from these territories are subject to the fee on the same basis as other international carriers
- § 286.2 — Fee obligation: a fee in the amount prescribed in INA § 286(d) is charged per passenger for immigration inspection of each individual arriving at a U.S. port of entry on a commercial aircraft or vessel, including passengers pre-inspected in a foreign location before departure; the same fee applies whether inspection occurs on arrival or at an overseas pre-inspection facility
- § 286.3 — Exceptions: the fee is not collected from passengers who are: crew members directly connected with operation or navigation of the aircraft or vessel; aliens in transit (deportees or transit aliens not subject to immigration inspection); persons arriving via Great Lakes ferries or vessels operating on the Great Lakes and connecting waterways on regular schedules; or persons otherwise exempted by statute or regulation
- § 286.4 — Collection responsibility: the obligation to collect the fee rests with the carrier — whether an airline, cruise line, travel agent, or tour wholesaler — that issues the ticket or transportation document; collection must begin on or after December 1, 1986; tickets and documents must be marked to indicate the fee has been collected; passengers who are not exempt must be charged before departure
- § 286.5 — Remittance procedures: the carrier whose ticket stock reflects collection is responsible for remitting fees to USCIS/CBP; travel agents and tour wholesalers issuing their own non-carrier documents must remit directly unless they can demonstrate the carrier will remit on their behalf; fees must be remitted on a regular schedule; late remittance triggers interest and penalty provisions
- § 286.6 — Record retention: carriers and remitters must maintain records sufficient for USCIS to verify accuracy of fees collected and remitted; records must be kept for two years from the date of collection; each remitter must identify a responsible officer by name, address, and telephone number to the Assistant Commissioner for Financial Management
- § 286.7 — Penalties for non-compliance: carriers that fail to comply with the fee statute and these regulations are subject to: termination of existing landing agreements or boarding agreements under INA § 238; and suspension of enroute inspections or pre-inspection services — meaning USCIS/CBP can withdraw the inspection services that allow carriers to operate international routes efficiently
- § 286.8 — Land border pilot programs: DHS may establish pilot programs at land border ports of entry to charge inspection service fees, authorized under INA § 286(q); individual ports selected for pilot programs may charge fees to fund enhanced inspection services and recover costs of high-technology equipment, additional personnel, and extended inspection hours
- § 286.9 — Land border document processing fees: a separate fee may be charged for processing applications and issuing documents at land border ports of entry — covering forms that nonimmigrant aliens are required to have processed at the border; these fees are dedicated to funding application-processing services at land border ports specifically
How It Affects You
Airlines and cruise lines are the primary obligated parties under Part 286. You must collect the immigration user fee from all non-exempt passengers on international routes, mark tickets and transportation documents accordingly, and remit fees on the required schedule. Failure to collect or remit triggers serious consequences — suspension of pre-inspection services (which speed boarding at foreign airports) and termination of landing agreements. Keep records for two years.
Travel agents and tour wholesalers that issue their own tickets or non-carrier transportation documents have independent collection and remittance obligations under § 286.4(a). If you issue a document for transportation on an international flight but the airline will not be remitting the fee on your behalf, you are responsible for collecting it from your customers and remitting it directly.
Passengers generally do not deal with this fee directly — it is embedded in ticket prices and collected by carriers. But if you receive a ticket or transportation document that does not reflect the immigration user fee collection on a qualifying international flight, this may indicate a compliance problem on the carrier's side.
The fee applies to pre-inspected passengers. If you are pre-inspected at a foreign airport (Canada, Ireland, the Caribbean) before boarding a U.S.-bound flight, the fee applies at the pre-inspection point exactly as it would at a U.S. port of entry.
Land border travelers may encounter separate inspection fees at land ports of entry under the pilot program authority in § 286.8, and specific processing fees for border crossing documents under § 286.9. These fees are dedicated to improving inspection services at those specific ports.
Statutory Authority
This rule implements:
- 8 U.S.C. § 1356 — Immigration and Nationality Act § 286; establishes the immigration user fee as a per-passenger charge on commercial carriers; specifies the fee amount; requires that fees be used to fund immigration inspection services; authorizes DHS to prescribe the collection and remittance procedures that Part 286 operationalizes
Recent Rulemakings
No major Federal Register amendments to Part 286 in recent years. The fee amount itself is set by statute (8 U.S.C. § 1356(d)) and has been adjusted through separate legislative action rather than regulatory amendment.