The United States Department of Homeland Security (DHS) has issued an interim final rule to implement new immigration fee provisions under the One Big Beautiful Bill Act (H.R.1). The rule updates regulations of United States Citizenship and Immigration Services (USCIS) to introduce new fees, enforce payment rules, and set limits on work permits linked to immigration status. The changes will take effect 30 days after publication in the Federal Register, while public comments are open for 60 days.

The rule brings into force provisions passed by Congress in 2025. It introduces a new annual asylum fee, a fee linked to Form I-94 applications, and confirms that asylum application fees must be paid at the time of filing and will not be refunded. It also limits the validity of employment authorisation for certain migrants.

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Purpose of the rule DHS said the purpose of the rule is to align regulations with the law and ensure that applicants bear more of the costs of the immigration system. The department stated that the law requires immediate implementation and leaves little room for discretion.

The rule codifies several fee provisions and procedural changes mandated by Congress. DHS said these steps are required to improve clarity in fee collection and enforcement while supporting immigration system operations.

Asylum application and annual fees Under the new provisions, asylum seekers must pay a filing fee when submitting Form I-589. If the application is rejected, the fee will not be returned.

Applicants must also pay a minimum annual asylum fee for each year their case remains pending. If the fee is not paid within 30 days of notice, the application will be rejected.

The rule sets clear consequences for non-payment. If an applicant fails to pay the annual asylum fee, their case will be closed and any related work permit request will be denied. Existing work authorisation linked to the asylum application will also end immediately. DHS said, “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 Form I-94 fee A new fee has been introduced for Form I-94 applications, which are used for arrival and departure records. Applicants filing Form I-102 to request or replace this document must pay an additional fee starting at $24.

This fee will be charged along with existing filing fees and cannot be waived except in cases of government error. DHS clarified that the charge applies only to direct requests for the document.

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Limits on work permits under TPS The rule also limits employment authorisation under Temporary Protected Status (TPS). Work permits will now be valid for one year or for the remaining duration of the status, whichever is shorter.

Applicants will need to renew their permits regularly to continue working legally. DHS said this change aligns with statutory limits introduced under H.R.1.

Economic impact and compliance DHS said the financial impact of the rule mainly reflects requirements already set by law. It estimates that additional Form I-94 fees could generate about $98,880 annually for the government.

The department added that the rule may improve resource allocation and reduce administrative burden by discouraging incomplete or non-compliant applications. It also said the changes could strengthen enforcement and improve processing efficiency.

Impact on applicants and employers DHS noted that some applicants may face costs due to loss of work authorisation or legal proceedings if they fail to meet fee requirements. Employers may also be affected if workers lose their eligibility to work.

The department said failure to comply with fee rules could lead to case rejection and affect employment status, especially for asylum applicants and those under TPS.

Public comments invited The department has invited public feedback on all aspects of the rule. Comments must be submitted online through the federal rulemaking portal.

DHS said it will review all submissions before issuing a final rule and may update guidance based on the feedback received.