DHS codifies USCIS HR-1 immigration fees and related procedures

Validated finding · five-country-2010-20260922-v118-evidence-presentation-fix

CountryUnited States

Operative dateMay 29, 2026

CategoryHumanitarian, work, visitor, other

Policy toolFees

Affected groupNew applicants

Policy effect

DHS issued an interim final rule codifying HR-1 immigration fees and related procedures, including asylum and annual asylum fees, Form I-94 fee requirements, certain EAD validity periods, and USCIS fee retention rules.

Conditions and exceptions

Validated condition or limit: DHS issued an interim final rule codifying HR-1 immigration fees and related procedures, including asylum and annual asylum fees, Form I-94 fee requirements, certain EAD validity periods, and USCIS fee retention rules.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

2841-26; DHS Docket No. USCIS-2026-0133] RIN 1615-AD09 USCIS Immigration Fees and Related Procedures Required by H.R.1 Reconciliation Bill AGENCY: U.S. Citizenship and Immigration Services, Department of Homeland Security. ACTION: Interim final rule; request for comments. ----------------------------------------------------------------------- SUMMARY: The U.S. Department of Homeland Security (DHS) issues this interim final rule (IFR) to codify certain immigration fees and other provisions required by the One Big Beautiful Bill Act (H.R.1). This IFR amends U.S. Citizenship and Immigration Services … (USCIS) regulations to codify: the asylum and annual asylum fees, including the consequences of non-payment of these fees; the new Form I-94 fee requirement; the validity period for certain types of employment authorization; and the retention of the Form I-589 filing fee for every application. DATES: This interim final rule is effective May 29, 2026. DHS invites public comment on all aspects of this interim final rule; written comments must be submitted on this interim final rule on or before June 29, 2026. ADDRESSES: You may submit comments on the entirety of this interim final rule package, … docket to be notified when comments are posted or a final rule is published. II. Executive Summary A. Purpose of the Regulatory Action On July 4, 2025, the President signed into law H.R.1--One Big Beautiful Bill Act, Public Law 119-21, 139 Stat. 72 (``H.R.1''). H.R.1 was a comprehensive legislative package that changed many laws and added new laws that touch many areas of the United States government. Among those changes, the law established several new provisions and fees to the Immigration and Nationality Act (INA). See H.R.1, Title X, Subtitle A, Part I, Sections 100001 through 1000018. This IFR codifies several of the H.R.1 immigration fee provisions and other limitations on aliens. Specifically, the IFR does the following: (1) codification in the Code of Federal Regulations (CFR) of the Form I-94 fee requirement set forth in 8 U.S.C. 1807 as it applies to USCIS; (2) codification of the Annual Asylum Fee (AAF) requirement in 8 U.S.C. 1808, including consequences for failure to pay the AAF and limitations related to employment authorization required by 8 U.S.C. 1810(b); (3) codification of the requirement that every asylum application include the fee required by 8 U.S.C. 1802 at filing regardless of whether the application is rejected, and is not refundable; and (4) codification of the H.R.1 limits on the validity of Temporary Protected Status (TPS) employment authorization required by 8 U.S.C. 1803(c) and 8 U.S.C. 1811(a). B. Legal Authority This rule is issued under section 208(d)(3) of the Immigration and Nationality Act (INA), 8 U.S.C. 1158(d); section 102 of the Homeland Security Act of 2002 (HSA), 6 U.S.C. 112; and sections 100002 through 100018 of H.R.1, codified at 8 U.S.C. 1802 through 1815. These statutes authorize DHS to administer the asylum process, and … USCIS, is applicable to the filing of Form I-102, Application for Replacement/Initial Nonimmigrant Arrival-Departure Document. New 8 CFR 103.7(d)(4). <bullet> Annual Asylum Fee required by 8 U.S.C. 1808: Codifies the requirement that an alien pay the AAF and establishes that, procedurally, failure to pay within 30 days of notice results in rejection of the pending asylum application and the denial of any associated application for employment authorization. New 8 CFR 106.2(c)(15)(ii) and 208.3(c)(6). <bullet> Retention of Asylum Application Fee required by 8 U.S.C. 1802: Codifies the fee requirement and provides that the asylum application filing fee is retained by USCIS if a Form I-589 is rejected. New 8 CFR 106.2(c)(14). <bullet> TPS Employment Authorization Validity required by 8 U.S.C. 1803(c) and 8 U.S.C. 1811(a): Limits work authorization and any associated employment authorization document under TPS to one year, or the remaining period of designation if shorter, with conforming changes to ensure consistency across DHS regulations. New 8 CFR 274a.12(a)(12) and 274.12(c)(19). D. Summary of Costs and Benefits DHS also analyzed the costs and benefits of this rule. Because the rule …

Federal Register 91 FR 22952Federal Register 91 FR 22952. DHS codifies USCIS HR-1 immigration fees and related procedures. Effective 2026-05-29.Open official source

Retrieved from https://www.federalregister.gov/documents/2026/04/29/2026-08333/uscis-immigration-fees-and-related-procedures-required-by-hr1-reconciliation-bill

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Two separate automated exact-claim source reviews

Automated source validation is not independent human legal review. The finding should not be treated as legal advice. Record fcp3-12870cccd3659458f762. Something wrong? Flag this record.

DHS codifies USCIS HR-1 immigration fees and related procedures

Policy effect

Conditions and exceptions

Official source excerpt

Review method

Other United States changes operative in 2026