Pub. L. 119-21 · Signed July 4, 2025 · Updated May 2026

HR-1 Immigration Fee Changes Explained

The One Big Beautiful Bill Act created mandatory new immigration fees indexed to CPI-U. Here's every fee, who it affects, and what's currently under litigation.

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What Is HR-1 (The One Big Beautiful Bill Act)?

The One Big Beautiful Bill Act (HR-1, Pub. L. 119-21) was signed into law on July 4, 2025. Among its many provisions, it created several new mandatory immigration fees that had never existed before — most effective July 22, 2025.

Unlike typical USCIS fee rule changes (which go through notice-and-comment rulemaking), these fees were created directly by statute. This means they are mandatory by law and generally cannot be waived through the standard I-912 fee waiver process.

The fees are also indexed to CPI-U (Consumer Price Index for All Urban Consumers), meaning they adjust automatically each January 1 — making them larger over time without requiring new legislation.

LawPub. L. 119-21 (HR-1)
SignedJuly 4, 2025
Most fees effectiveJuly 22, 2025
CPI-U adjustmentEach January 1 (first adjustment Jan 1, 2026 at +2.70%)
Waivable?Generally no — statutory fees

Asylum Filing Fee — $100 (Form I-589)

Before HR-1, filing an asylum application (Form I-589) was completely free. HR-1 Section 100002 created a $100 one-time filing fee for all new asylum applications.

Fee amount (FY2026)$100
Effective dateJuly 22, 2025
FormI-589
Waivable?No

Annual Asylum Maintenance Fee — $100/year

Separate from the one-time filing fee, HR-1 also created an annual $100 fee charged each year an asylum application remains pending. Non-payment results in rejection of the pending application.

Annual fee (FY2026)$100/year
ChargedEach year the I-589 remains pending
Consequence of non-paymentApplication rejection
Litigation statusPaused for Ms. L. Settlement Class as of Feb 5, 2026

I-94 Arrival/Departure Record Fee — $24

HR-1 Section 100008 created a $24 fee for Form I-94, the arrival/departure record that nonimmigrants receive when entering the US. Previously, this record was automatically created at no cost for most travelers.

Fee amount (FY2026)$24
Effective dateJuly 22, 2025
FormI-94
Who paysAliens submitting an application for I-94
This fee applies to applications for Form I-94. It does not necessarily apply to automated I-94 issuance at air ports of entry — check uscis.gov for current applicability. Consult an attorney if unsure whether this applies to your situation.

EAD Statutory Fee — $560 Initial / $280 Renewal

HR-1 created mandatory statutory fees for Employment Authorization Documents (work permits / EADs) for certain humanitarian and parolee categories — primarily EAD category (c)(11) (parolees). These are in addition to any base USCIS EAD fees that may also apply.

Initial EAD (FY2026, CPI-adjusted)$560
Renewal EAD (FY2026, CPI-adjusted)$280
Prior year (FY2025) initial$545
Prior year (FY2025) renewal$275
CPI-U increase FY2026+2.70%
Waivable?No
Primary category affected: (c)(11) parolee EADs. Does not apply to all EAD categories — most standard employment-based and family-based EADs are unaffected. Verify your specific category at uscis.gov.

Parole Fee — $1,030

HR-1 created a fee if parole is approved. This is a significant new cost for individuals who receive humanitarian or other parole into the United States.

Fee if parole approved$1,030
Litigation statusSubject to ongoing litigation — verify current status
This fee is subject to active litigation as of May 2026. Verify the current status at uscis.gov before taking any action related to this fee.

How CPI-U Indexing Works

Unlike standard USCIS fees (which require rulemaking to change), HR-1 fees automatically adjust each January 1 based on the prior year's Consumer Price Index for All Urban Consumers (CPI-U).

FeeFY2025 (original)FY2026 (+2.70%)Next adjustment
Asylum filing fee$100$100Jan 1, 2027
Annual asylum fee$100$100Jan 1, 2027
I-94 fee$24$24Jan 1, 2027
Initial EAD (c)(11)$545$560Jan 1, 2027
Renewal EAD (c)(11)$275$280Jan 1, 2027
Parole fee$1,030$1,030Jan 1, 2027

FY2026 CPI-U adjustment: +2.70%. Source: Federal Register Notice FR Doc. 2025-20622.

Litigation & Implementation Status

Annual asylum feePaused for Ms. L. Settlement Class (as of Feb 5, 2026)
Parole fee ($1,030)Subject to litigation — verify before action
Asylum filing fee ($100)In effect as of July 22, 2025
I-94 fee ($24)In effect as of July 22, 2025
EAD statutory feesIn effect — CPI-adjusted Jan 1, 2026

Complete HR-1 Fee Summary

FeeAmount (FY2026)EffectiveWho PaysStatus
I-589 asylum filing fee $100 Jul 22, 2025 Asylum applicants Active
Annual asylum maintenance fee $100/yr Jul 22, 2025 Pending asylum applicants Partial pause
I-94 arrival/departure fee $24 Jul 22, 2025 I-94 applicants Active
Initial EAD — (c)(11) parolees $560 Jan 1, 2026 Parolee EAD applicants Active
Renewal EAD — (c)(11) parolees $280 Jan 1, 2026 Parolee EAD renewals Active
Parole approval fee $1,030 Jul 22, 2025 Parole recipients Litigation

Frequently Asked Questions

Do HR-1 fees apply to pending asylum applications?

The one-time $100 asylum filing fee applies to new I-589 applications filed on or after July 22, 2025. The annual maintenance fee applies to applications still pending after July 22, 2025 — including applications filed before the law's enactment. USCIS is required to notify applicants before charging the annual fee. The annual fee is currently paused for members of the Ms. L. Settlement Class.

Can I get a fee waiver for HR-1 fees?

Generally no. HR-1 fees are mandatory statutory fees established directly by law. The standard I-912 Fee Waiver process applies only to discretionary USCIS fees established through regulation, not to statutory fees created by Congress. Some very narrow exemptions may apply — consult an immigration attorney for your specific situation.

How are HR-1 fees different from regular USCIS fees?

Standard USCIS fees (like I-130, I-485, N-400) are set through the Administrative Procedure Act notice-and-comment rulemaking process. They can be waived via Form I-912 for eligible applicants, and changes require USCIS to publish proposed rules and accept public comments. HR-1 fees, by contrast, are written directly into federal law. They cannot be waived through standard channels, adjust automatically each January, and take effect on dates Congress specifies — not through rulemaking.

Does the $24 I-94 fee apply every time I enter the US?

The statutory language applies to "aliens submitting application for Form I-94." Implementation details — including whether this applies per-entry at air ports of entry or only to certain application processes — are being determined by USCIS and CBP. Verify current applicability at uscis.gov or cbp.gov before traveling, as implementation guidance may have been updated after this page was last verified.