What New USCIS Fees Take Effect in 2026 Under H.R. 1?

Q: Do these new fees apply to H-1B or green card petitions?

No, this round of increases is limited to I-765 variants, I-821 TPS, I-131 re-parole, and the annual asylum fee. Core work and family-based petition fees like I-129, I-140, and I-485 are governed by a separate fee schedule.

Q: How is the $102 annual asylum fee different from the $100 filing fee?

The $100 filing fee is a one time cost when you first apply for asylum. The $102 annual fee is a new, separate, recurring charge that applies every year your asylum application remains pending.

TL;DR: Effective January 1, 2026, USCIS raised a set of fees tied to asylum, parole, and TPS-related filings under the inflation-adjustment mechanism required by the H.R. 1 reconciliation law — increases in the $5-$10 range per form, plus the previously-created annual $102 asylum fee. Core employment and family petition fees (I-140, I-485, I-129, I-130) were not part of this particular inflation round; those went through a separate, larger fee schedule overhaul.

What H.R. 1 Actually Requires

H.R. 1, the 2025 reconciliation law, created several new mandatory immigration fees (including the first-ever annual fee for pending asylum applications) and required USCIS to adjust a defined list of those fees each year for inflation. The January 2026 update reflects the inflation rate measured from July 2024 through July 2025, applied only to the specific fees H.R. 1 named — it is a narrower, mechanical adjustment, distinct from USCIS's broader periodic fee rule that covers most other forms.

Evidence: What Went Up on January 1, 2026

Form / Fee	Old Amount	New Amount (Jan 1, 2026)
Annual Asylum Application Fee	$100	$102
Form I-765 — Initial Asylum-Based EAD	$550	$560
Form I-765 — Initial Parole-Based EAD	$550	$560
Form I-765 — Renewal/Extension Parole EAD	$275	$280
Form I-765 — Initial TPS EAD	$550	$560
Form I-765 — Renewal/Extension TPS EAD	$275	$280
Form I-821 — TPS Application	$500	$510
Form I-131, Part 9 — Re-parole Request	$275	$280
Form I-589 — Initial Asylum Application	$100	$100 (unchanged)
Form I-765 — Renewal/Extension Asylum EAD	$275	$275 (unchanged)
Form I-360 — Special Immigrant Juvenile	$250	$250 (unchanged)

Two things stand out: first, the increases are small in dollar terms (roughly 2%) because they're pegged to one year of inflation, not a full fee-schedule redesign. Second, the annual asylum fee is the more structurally significant change — H.R. 1 created a recurring $100 (now $102) fee that pending asylum applicants must pay every year their case remains open, on top of the one-time $100 filing fee for Form I-589 itself, with USCIS also announcing enforcement consequences (including case termination risk) for unpaid annual fees.

Step-by-Step: What to Do If You're Affected

Check your form's postmark date, not your filing date on the form. USCIS applies fee amounts based on when a package is postmarked or electronically submitted — anything postmarked on or after January 1, 2026 needs the new amount.
If you have a pending asylum application, mark your annual fee due date. The recurring fee is tied to your case's anniversary or the date USCIS specifies in its notice; missing it can trigger consequences including possible termination proceedings.
Double-check your EAD renewal category fee before mailing. Parole-based and TPS-based EAD renewals now cost $280 instead of $275 — a five-dollar shortfall is a common cause of rejected packages.
Use the USCIS fee calculator or filing fee page for your specific form before submitting, since these fees can change again with future inflation adjustments or a separate comprehensive fee rule.
If your form/category isn't listed above (like H-1B, green card, or naturalization filings), your fee likely comes from a different, non-H.R.1 fee schedule — verify against USCIS's current fee table rather than assuming it moved with this round.
Keep proof of correct payment. USCIS rejects packages for incorrect fee amounts without refunding processing time already invested — an outdated fee schedule is an entirely avoidable delay.

FAQ

Do these new fees apply to H-1B or green card petitions? No — this particular round of increases (Form I-765 variants, I-821 TPS, I-131 re-parole, and the annual asylum fee) is limited to the categories listed above. Core work and family-based petition fees like I-129, I-140, and I-485 are governed by a separate fee schedule.

What happens if I don't pay the new annual asylum fee? USCIS has said unpaid annual asylum fees carry consequences, potentially including negative impacts on your case status — pay it by the deadline in your USCIS notice rather than assuming it's optional.

Why did some EAD fees stay the same while others went up? H.R. 1 specified which fees are subject to the annual inflation adjustment; renewal/extension EADs tied to asylum status (I-765 category (c)(8)) were left unchanged in this round while several parole- and TPS-related fees increased.

Is this the only USCIS fee change expected in 2026? Not necessarily. USCIS periodically issues broader fee schedule updates separate from the H.R. 1 inflation mechanism, so always check the current fee table on uscis.gov before filing any form.

How is the $102 annual asylum fee different from the $100 filing fee? The $100 filing fee (Form I-589) is a one-time cost when you first apply for asylum. The $102 annual fee is a new, separate, recurring charge created by H.R. 1 that applies every year your asylum application remains pending with USCIS.

By Pinal Dave Last updated: August 4, 2026