USCIS Implements New Fees Under H.R. 1

The U.S. Citizenship and Immigration Services (USCIS) published a Federal Register notice announcing new fees under the H.R. 1 Reconciliation Act.

These changes take effect for applications postmarked on or after July 22, 2025, and USCIS will reject forms postmarked on or after August 21, 2025 without the correct fee.

Applicants must review the updated fee schedule before filing to avoid delays or denials.

USCIS Fee Deadlines and Submission Rules

The U.S. Citizenship and Immigration Services enforces strict deadlines for fee submission:

1. Postmark on or after July 22, 2025: Include updated fees.

2. Postmark on or after August 21, 2025: Forms lacking correct fees will be rejected.

3. Separate Payments: Submit each H.R. 1 fee separately—these charges supplement, not replace, existing USCIS fees per 8 CFR  106.2.

4. Fee Waiver Eligibility: Existing fee waivers under 8 CFR  106.3(a) remain available for legacy fees; H.R. 1 fees cannot be waived or reduced.

Detailed Breakdown of Fee Changes

The following table summarizes new The U.S. Citizenship and Immigration Services fees under H.R. 1.

All fees deposit a portion into the Immigration Examinations Fee Account (IEFA) and the remainder into the general Treasury fund.

Annual Asylum Fee Requirements by USCIS

Under H.R. 1, The U.S. Citizenship and Immigration Services introduces a $100 Annual Asylum Fee (AAF) for each calendar year an I‑589 remains pending beyond one year of filing. Key points:

• Trigger Date: One-year anniversary of initial I‑589 filing.

• Notification: The U.S. Citizenship and Immigration Services issues personal notices specifying due date, amount, payment methods, and consequences of non‑payment.

• No Self‑Monitoring Required: Applicants need not track anniversaries; USCIS will notify.

• Future Guidance: The U.S. Citizenship and Immigration Services will release detailed instructions for paying the AAF each year.

New USCIS Employment Authorization Fees

The U.S. Citizenship and Immigration Services revised fees for employment authorization applications in key non‑immigrant and humanitarian categories:

• Initial EAD: $550 via Form I‑765 for asylum, parolee, and TPS categories.

• Renewal/Extension EAD: $275 via Form I‑765 for the same categories.

• Re‑parole Exception: If an applicant files Form I‑131 to request re‑parole and then applies for an EAD, the lower fee of $275 applies.

Applicants should review the Form I‑765 instructions to confirm category eligibility and payment methods.

Special Immigrant Juvenile Fee Update

The H.R. 1 notice adds a $250 fee for Special Immigrant Juvenile (SIJ) beneficiaries filing Form I‑360. This update assists in covering USCIS processing costs for vulnerable minors seeking SIJ status under federal immigration law.

How USCIS Handles Fee Deposits and Waivers

The U.S. Citizenship and Immigration Services applies H.R. 1 fees in two separate streams to fund its operations and broader federal programs, while preserving existing fee‐waiver options for qualifying applicants.

1. IEFA Deposit for Direct Services

   • What It Covers: A portion of every H.R. 1 fee goes into the Immigration Examinations Fee Account (IEFA).

   • Use of Funds: These dollars pay for case adjudications, background checks, biometrics appointments, and other direct services.

   • Impact: Ensures USCIS has dedicated resources to process applications efficiently and maintain staffing levels.

2. General Treasury Deposit for Federal Programs

   • What It Covers: The remainder of each H.R. 1 fee is deposited into the U.S. Treasury’s general fund.

   • Use of Funds: Supports broader federal initiatives, from border security programs to infrastructure.

   • Impact: Helps fund government priorities beyond the scope of immigration services.

3. Legacy Fee Waiver Eligibility

   • Who Qualifies: Applicants with income at or below 150 percent of the Federal Poverty Guidelines or those with financial hardship.

   • How to Apply: Submit Form I‑912, Request for Fee Waiver, or a written request explaining hardship, along with supporting documents (e.g., tax returns, public‑benefits letters).

   • Processing Time: USCIS reviews waiver requests before adjudicating the underlying benefit request.

4. Non‑Waivable H.R. 1 Fees

   • All H.R. 1–mandated fees are non‑waivable by law. Even if you qualify for a waiver of legacy fees, you must pay H.R. 1 fees in full.

   • Practical Tip: Include your H.R. 1 fee payment and any Form I‑912 waiver request for legacy fees in separate checks or transactions to avoid processing errors.

5. Where to Find Guidance

   • Regulatory Reference: See 8 CFR 106.3(a) for official waiver regulations.

Always verify current amounts on the USCIS website and submit payments separately to ensure smooth processing.

Validity Period Adjustments for EAD

H.R. 1 also revises validity periods for certain EAD holders:

• Parolees: Initial EADs last up to one year or the parole period—whichever is shorter.

• TPS Beneficiaries: Initial and renewal EADs last up to one year or the TPS period—whichever is shorter.

These changes align employment authorization validity with underlying immigration status durations.

Practical Steps to Prepare Your Filings

To ensure smooth processing under the new fee rules, follow these steps:

1. Review Updated Fees: Download the latest USCIS fee schedule before preparing forms.

2. Calculate Total Costs: Include both legacy and H.R. 1 fees; submit each fee separately.

3. Select Payment Method: Most H.R. 1 fees require online payment; check form instructions.

4. Complete Fee Waiver Requests Early: If eligible, submit Form I‑912 alongside legacy fees.

5. Track Notifications: USCIS will send AAF notices; pay promptly to avoid case closure.

6. Monitor Validity Periods: Note EAD expiration dates to file renewals ahead of time.

Avoiding Common Fee Mistakes

Stay practical and precise to avoid delays or denials:

1. Mis-postmarking: Use tracked mail to confirm the USPS postmark date.

2. Incorrect Amounts: Double‑check H.R. 1 fees against the Federal Register notice.

3. Combined Payments: Never bundle H.R. 1 fees with legacy fees in one check.

4. Missing Waivers: Attach Form I‑912 if requesting legacy fee waivers; H.R. 1 fees do not qualify.

5. Late AAF Payments: Respond immediately to USCIS annual fee notices to maintain asylum status

Why These Fee Updates Matter

The U.S. Citizenship and Immigration Services fees fund critical services: processing applications, conducting interviews, and performing background checks.

By adjusting fees for inflation and expanding cost recovery through the IEFA, USCIS aims to sustain efficient adjudications.

Applicants must adapt to the new structure to protect their immigration benefits. Navigating USCIS fee updates can be complex.

Maple Crest Immigration provides expert guidance on filing forms, handling fee payments, and securing timely approvals.

Contact Maple Crest Immigration today for a personalized consultation. Our attorneys ensure you meet all USCIS requirements, avoid costly mistakes, and achieve your immigration goals.