8 U.S.C. § 1803 — Employment authorization document fees
submitted 1 year ago by Pub. L. 119-21 to r/title-8-ALIENS-AND-NATIONALITY · 909 words · no verdicts yet
The Secretary of Homeland Security must charge specified employment-authorization fees to asylum applicants, parolees, and people with temporary protected status. The section sets initial amounts, inflation adjustments, where fees go, validity periods, and no-waiver rules.
(a) Asylum applicants. (1) In addition to other legally authorized fees, the Secretary of Homeland Security must charge an alien the amount specified here when the alien files an initial employment-authorization application under section 1158(d)(2). (2) In fiscal year 2025, that amount is the greater of $550 or an amount the Secretary sets by rule. (3) In fiscal year 2026 and each later fiscal year, the amount is the prior year’s fee plus that fee multiplied by any percentage increase in the Consumer Price Index for All Urban Consumers from the same July of the prior calendar year to the July before the adjustment takes effect. The result is rounded down to the next multiple of $10. (4) Each fiscal year, 25 percent of these fees (A)(i) is credited to U.S. Citizenship and Immigration Services, (ii) is deposited in the Immigration Examinations Fee Account under section 1356(m), and (iii) may be kept and spent by that agency without another appropriation, but at least 50 percent must be used to detect and prevent immigration-benefit fraud. (B) Any remainder goes to the Treasury’s general fund. (5) These fees may not be waived or reduced. (b) Parolees. (1) The Secretary must charge an alien paroled into the United States the amount specified here when the alien files an initial employment-authorization application. That authorization lasts one year or the parole’s duration, whichever is shorter. (2) The fiscal-year-2025 amount is the greater of $550 or an amount set by rule. (3) Later amounts use the same prior-fee-plus-CPI formula and rounding rule described in subsection (a)(3). (4) All these fees go to the Treasury’s general fund. (5) They may not be waived or reduced. (c) Temporary protected status. (1) The Secretary must charge an alien filing an initial employment-authorization application under section 1254a(a)(1)(B) the amount specified here. The authorization lasts one year or the alien’s temporary protected status, whichever is shorter. (2) The fiscal-year-2025 amount is the greater of $550 or an amount set by rule. (3) Later amounts use the same prior-fee-plus-CPI formula and rounding rule. (4) All these fees go to the Treasury’s general fund. (5) They may not be waived or reduced.
In addition to any other fee authorized by law, the Secretary of Homeland Security shall require the payment of a fee, equal to the amount specified in this subsection, by any alien who files an initial application for employment authorization under section 1158(d)(2) of this title at the time such initial employment authorization application is filed.
During fiscal year 2025, the amount specified in this subsection shall be the greater of—
$550; or
such amount as the Secretary of Homeland Security may establish, by rule.
During fiscal year 2026, and during each subsequent fiscal year, the amount specified in this section shall be equal to the sum of—
the amount of the fee required under this section for the most recently concluded fiscal year; and
the product resulting from the multiplication of the amount referred to in subparagraph (A) by the percentage (if any) by which the Consumer Price Index for All Urban Consumers for the month of July preceding the date on which such adjustment takes effect exceeds the Consumer Price Index for All Urban Consumers for the same month of the preceding calendar year, rounded to the next lowest multiple of $10.
During each fiscal year—
25 percent of the fees collected pursuant to this subsection—
shall be credited to U.S. Citizenship and Immigration Services;
shall be deposited into the Immigration Examinations Fee Account established under section 1356(m) of this title; and
may be retained and expended by U.S. Citizenship and Immigration Services without further appropriation, provided that not less than 50 percent is used to detect and prevent immigration benefit fraud; and
any amounts collected pursuant to this subsection that are not credited to U.S. Citizenship and Immigration Services pursuant to subparagraph (A) shall be deposited into the general fund of the Treasury.
Fees required to be paid under this subsection shall not be waived or reduced.
In addition to any other fee authorized by law, the Secretary of Homeland Security shall require the payment of a fee, equal to the amount specified in this subsection, by any alien paroled into the United States for any initial application for employment authorization at the time such initial application is filed. Each initial employment authorization shall be valid for a period of 1 year or for the duration of the alien’s parole, whichever is shorter.
During fiscal year 2025, the amount specified in this subsection shall be the greater of—
$550; or
such amount as the Secretary of Homeland Security may establish, by rule.
During fiscal year 2026, and during each subsequent fiscal year, the amount specified in this subsection shall be equal to the sum of—
the amount of the fee required under this subsection for the most recently concluded fiscal year; and
the product resulting from the multiplication of the amount referred to in subparagraph (A) by the percentage (if any) by which the Consumer Price Index for All Urban Consumers for the month of July preceding the date on which such adjustment takes effect exceeds the Consumer Price Index for All Urban Consumers for the same month of the preceding calendar year, rounded to the next lowest multiple of $10.
All of the fees collected pursuant to this subsection shall be deposited into the general fund of the Treasury.
Fees required to be paid under this subsection shall not be waived or reduced.
In addition to any other fee authorized by law, the Secretary of Homeland Security shall require the payment of a fee, equal to the amount specified in this subsection, by any alien who files an initial application for employment authorization under section 1254a(a)(1)(B) of this title at the time such initial application is filed. Each initial employment authorization shall be valid for a period of 1 year, or for the duration of the alien’s temporary protected status, whichever is shorter.
During fiscal year 2025, the amount specified in this subsection shall be the greater of—
$550; or
such amount as the Secretary of Homeland Security may establish, by rule.
During fiscal year 2026, and during each subsequent fiscal year, the amount specified in this subsection shall be equal to the sum of—
the amount of the fee required under this subsection for the most recently concluded fiscal year; and
the product resulting from the multiplication of the amount referred to in subparagraph (A) by the percentage (if any) by which the Consumer Price Index for All Urban Consumers for the month of July preceding the date on which such adjustment takes effect exceeds the Consumer Price Index for All Urban Consumers for the same month of the preceding calendar year, rounded to the next lowest multiple of $10.
All of the fees collected pursuant to this subsection shall be deposited into the general fund of the Treasury.
Fees required to be paid under this subsection shall not be waived or reduced.
Source credit: (Pub. L. 119–21, title X, § 100003, July 4, 2025, 139 Stat. 365.)
- 2025Enacted · Pub. L. 119-21 · 139 Stat. 365
A history note hasn’t been published yet. The record shows enactment by Pub. L. 119-21 on 2025-07-04.
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