Key Points
- The One Big Beautiful Bill Act (OBBBA), enacted on July 4, 2025, imposes new and higher immigration fees.
- A new $250 Visa Integrity Fee will be applied to all nonimmigrant visas, subject to annual inflation adjustments.
- I-94 and ESTA fees are increased to $24 and $13, respectively.
- Significant changes apply to asylum, parole, and TPS-related application fees.
- Agencies have not yet implemented the new fees, but USCIS has announced that collection will begin soon.
New and Additional Fees Coming as Budget Law Passed
The One Big Beautiful Bill Act (OBBBA), enacted on July 4, 2025, imposes several new fees for various immigration cases and increases costs for certain filings. The new statutorily imposed fees will be subject to an annual inflation adjustment beginning in fiscal year 2026. Many of the fees set a statutory minimum amount that may be increased to “such amount as the Secretary of Homeland Security may establish, by rule.”
According to the OBBBA, these new and increased immigration fees are intended to take effect immediately. However, as a practical matter, relevant agencies such as the Department of Homeland Security (DHS), the Department of State (DOS), and the Department of Justice (DOJ) require time to update policy, public guidance, fee schedule, and potentially even payment systems to reflect and implement the changes. As such, the fees are not yet shown on the US Citizenship and Immigration Services (USCIS) Fee Schedule and are not yet being collected by DOS at consular Visa Appointments. USCIS released a statement titled “New Fees for Certain Immigration Benefit Requests” on July 11, 2025, which states, “USCIS will soon begin collecting new fees for certain immigration benefit requests.” We will provide details on the implementation of these fee changes in the coming days.”
Visa Integrity Fee
The OBBBA imposes a new “Visa Integrity Fee” to be levied on “any alien issued a nonimmigrant visa at the time of such issuance.” As reflected in that language, the fee applies to all nonimmigrant visa categories that require visa issuance for travel into the US (F, H, L, TN, etc.) and is to be paid upon issuance of a nonimmigrant visa. The new fee will be in addition to all existing fees, including reciprocity fees, anti-fraud fees, and the “Machine-Readable Visa” (MRV) visa application fee.
As noted above, the statute sets a minimum amount of $250 that is increaseable to “such amount as the Secretary of Homeland Security may establish, by rule.” It is also subject to an annual inflation adjustment beginning in fiscal year 2026.
This fee is not waivable or reducible. However, it may be reimbursed to the nonimmigrant payor if such payor:
- Fully complies with the terms of their visa; and
- Either:
- Departs the US promptly after their period of authorized stay;
- Obtains an extension of their nonimmigrant status; or
- Adjusts status to that of a Lawful Permanent Resident (LPR).
Although DHS sets the fee amount, the statute does not specify which agency will be responsible for collecting it. Given its connection to visa issuance, the Department of State may be involved in the collection process during the consular visa appointment process. On the other hand, DHS may instead collect the fee, given its responsibility for administering reimbursements. All collected revenues, aside from those reimbursed, will be deposited into the US Treasury’s general fund.
Updated I-94 Fee
Nonimmigrants entering the US by land have long been required to specifically request that an I-94 record be created for them and to pay a $6 fee for its issuance. OBBBA has changed the fee for creation of an I-94 record from $6 to $24.
It remains unclear whether nonimmigrants who enter the United States by air will also be required to pay this fee, as the I-94 process is linked to the flight manifest information transmitted from the airline to DHS. Previously, air travelers were not required to pay the $6 fee. The $24 fee may be incorporated into the admission process at an earlier step or paid in advance through an online system such as the Customs and Border Protection’s CBP One app.
Updated ESTA Fee
The Electronic System for Travel Authorization (ESTA) will also see a fee increase from $4 to $13 under the OBBBA.
Other Highlighted Fee Changes
The OBBBA changes also include new and increased fees across a variety of asylum- and Temporary Protected Status (TPS)-related filings, including the following:
- Asylum Application fee of $100 with an additional $100 fee imposed for every year the application remains pending.
- Current fee: $0.
- Parole Application fee of $1000.
- Current fee: $0 to $630, depending on case specifics.
- TPS Application fee of $500.
- Current fee: $80.
- TPS-based EAD (initial) fee of $550.
- Current fee: $0 to $520, depending on case specifics.
- Note: OBBBA also limits TPS-based EAD validity to a maximum of 1 year.
- TPS-based EAD (renewal) fee of $275.
- Current fee: $0 to $520, depending on case specifics.
- Note: OBBBA also limits TPS-based EAD validity to a maximum of 1 year.
Content in this publication is for informational purposes only and not intended as legal advice, nor should it be relied on as such. If you want guidance on how this information may impact your particular situation and are a client of the Corporate Immigration Partners, PC, consult your attorney. If you are not a CIPPC client, consult another qualified professional. This website does not create an attorney-client relationship with CIPPC.