USCIS Fee Updates Under H.R. 1: What Employment-Based Visa Applicants Need to Know
If you're an employer or foreign national navigating the U.S. immigration system, you're likely aware of the constant changes to forms, fees, and policies. The latest major update comes from the newly enacted H.R. 1, a reconciliation bill that introduces significant new fees for several immigration benefits.
Here’s a clear breakdown of how these changes, effective as of July 22, 2025, will impact applicants, especially those seeking employment-based visas.
The Key Takeaway: New Fees Are "In Addition" to Existing Fees
This is the most critical detail to understand. The new fees established by H.R. 1 do not replace current USCIS fees. Instead, they are charged in addition to them. This means the total cost for certain applications will be higher than before.
Effective Date: You must submit the new fees with any benefit request postmarked on or after July 22, 2025.
Rejection Deadline: USCIS will reject any form postmarked on or after August 21, 2025, if it does not include all the correct fees, including the new ones.
Annual Inflation Adjustments: Be aware that the Department of Homeland Security (DHS) is required to increase these new fees annually to keep up with inflation.
No Fee Waivers: Unlike some existing fees, the new H.R. 1 fees cannot be waived or reduced. If you are eligible for a fee waiver for an existing fee, you must still pay the new H.R. 1 fee.
Specific Fee Changes Affecting Employment-Related Benefits
While the full scope of H.R. 1's fee changes is wide-ranging, the initial Federal Register Notice (FRN) focuses on several key areas that could impact employment authorization and related statuses.
Employment Authorization Documents (EADs) (Form I-765): New fees are being introduced for specific EAD categories. This impacts individuals with asylum, parolee, or Temporary Protected Status (TPS) who are applying for work authorization.
Initial EAD Application: A new fee of $550 is now required.
EAD Renewal/Extension: A new fee of $275 is now required.
Temporary Protected Status (TPS) (Form I-821): The maximum fee to register for TPS has significantly increased from $50 to $500.
Changes to EAD Validity Periods
H.R. 1 also modifies the validity periods for some EAD categories. This is a crucial change for employees and employers to track.
Parolees: Initial EADs are now valid for a maximum of one year or the duration of the alien's parole, whichever is shorter.
TPS Holders: Initial and renewal EADs are also valid for a maximum of one year or the duration of the TPS status, whichever is shorter.
What's Not Included (But is Coming)
The FRN we're discussing doesn't cover all the new fees required by H.R. 1. USCIS and DHS have indicated that additional fee changes for other forms, including those for employment-based petitions like Form I-129 and Form I-140, will be announced in a future action. It's imperative to stay informed and consult with an immigration attorney to ensure you are submitting the correct fees with your petitions to avoid delays or rejections.
To stay compliant and avoid unnecessary complications, always check the USCIS website for the most current fee schedules before filing any petition or application.