8 USC Ch. 16: IMMIGRATION FEES

From Title 8—ALIENS AND NATIONALITY

CHAPTER 16—IMMIGRATION FEES

Sec.

1801.

Applicability of the immigration laws.

1802.

Asylum fee.

1803.

Employment authorization document fees.

1804.

Immigration parole fee.

1805.

Special immigrant juvenile fee.

1806.

Visa integrity fee.

1807.

Form I–94 fee.

1808.

Annual asylum fee.

1809.

Fee relating to renewal and extension of employment authorization for parolees.

1810.

Fee relating to renewal or extension of employment authorization for asylum applicants.

1811.

Fee relating to renewal and extension of employment authorization for aliens granted temporary protected status.

1812.

Fees relating to applications for adjustment of status.

1813.

Electronic Visa Update System fee.

1814.

Fee for aliens ordered removed in absentia.

1815.

Inadmissible alien apprehension fee.

§1801. Applicability of the immigration laws

(a) Applicability

The fees under this subtitle shall apply to aliens in the circumstances described in this subtitle.

(b) Terms

The terms used under this subtitle shall have the meanings given such terms in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101).

(c) References to Immigration and Nationality Act

Except as otherwise expressly provided, any reference in this subtitle to a section or other provision shall be considered to be to a section or other provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).

(Pub. L. 119–21, title X, §100001, July 4, 2025, 139 Stat. 364.)

Editorial Notes

References in Text

This subtitle, referred to in text, is subtitle A (§§100001–100018, 1000051–1000057) of title X of Pub. L. 119–21, July 4, 2025, 139 Stat. 364, which enacted this chapter and chapter 611 of Title 34, Crime Control and Law Enforcement, and amended sections 1158, 1187, 1254a, and 1356 of this title. For complete classification of this subtitle to the Code, see Tables.

The Immigration and Nationality Act, referred to in subsec. (c), is act June 27, 1952, ch. 477, 66 Stat. 163, which is classified principally to chapter 12 (§1101 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of this title and Tables.

§1802. Asylum fee

(a) In general

In addition to any other fee authorized by law, the Secretary of Homeland Security or the Attorney General, as applicable, shall require the payment of a fee, equal to the amount specified in this section, by any alien who files an application for asylum under section 1158of this title at the time such application is filed.

(b) Initial amount

During fiscal year 2025, the amount specified in this section shall be the greater of—

(1) $100; or

(2) such amount as the Secretary or the Attorney General, as applicable, may establish, by rule.

(c) Annual adjustments for inflation

During fiscal year 2026, and during each subsequent fiscal year, the amount specified in this section shall be equal to the sum of—

(1) the amount of the fee required under this section for the most recently concluded fiscal year; and

(2) the product resulting from the multiplication of the amount referred to in paragraph (1) 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.

(d) Disposition of asylum fee proceeds

During each fiscal year—

(1) 50 percent of the fees received from aliens filing applications with the Attorney General—

(A) shall be credited to the Executive Office for Immigration Review; and

(B) may be retained and expended without further appropriation;

(2) 50 percent of fees received from aliens filing applications with the Secretary of Homeland Security—

(A) shall be credited to U.S. Citizenship and Immigration Services;

(B) shall be deposited into the Immigration Examinations Fee Account established under section 1356(m) of this title; and

(3) any amounts received in fees required under this section that were not credited to the Executive Office for Immigration Review pursuant to paragraph (1) or to U.S. Citizenship and Immigration Services pursuant to paragraph (2) shall be deposited into the general fund of the Treasury.

(e) No fee waiver

Fees required to be paid under this section shall not be waived or reduced.

(Pub. L. 119–21, title X, §100002, July 4, 2025, 139 Stat. 364.)

§1803. Employment authorization document fees

(a) Asylum applicants

(1) In general

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.

(2) Initial amount

During fiscal year 2025, the amount specified in this subsection shall be the greater of—

(A) $550; or

(B) such amount as the Secretary of Homeland Security may establish, by rule.

(3) Annual adjustments for inflation

During fiscal year 2026, and during each subsequent fiscal year, the amount specified in this section shall be equal to the sum of—

(A) the amount of the fee required under this section for the most recently concluded fiscal year; and

(B) 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.

(4) Disposition of employment authorization document fees

During each fiscal year—

(A) 25 percent of the fees collected pursuant to this subsection—

(i) shall be credited to U.S. Citizenship and Immigration Services;

(ii) shall be deposited into the Immigration Examinations Fee Account established under section 356(m) of this title; and

(iii) 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

(B) 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.

(5) No fee waiver

Fees required to be paid under this subsection shall not be waived or reduced.

(b) Parolees

(1) In general

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.

(2) Initial amount

During fiscal year 2025, the amount specified in this subsection shall be the greater of—

(A) $550; or

(B) such amount as the Secretary of Homeland Security may establish, by rule.

(3) Annual adjustments for inflation

During fiscal year 2026, and during each subsequent fiscal year, the amount specified in this subsection shall be equal to the sum of—

(A) the amount of the fee required under this subsection for the most recently concluded fiscal year; and

(4) Disposition of parolee employment authorization application fees

All of the fees collected pursuant to this subsection shall be deposited into the general fund of the Treasury.

(5) No fee waiver

Fees required to be paid under this subsection shall not be waived or reduced.

(c) Temporary protected status

(1) In general

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.

(2) Initial amount

During fiscal year 2025, the amount specified in this subsection shall be the greater of—

(A) $550; or

(B) such amount as the Secretary of Homeland Security may establish, by rule.

(3) Annual adjustments for inflation

During fiscal year 2026, and during each subsequent fiscal year, the amount specified in this subsection shall be equal to the sum of—

(A) the amount of the fee required under this subsection for the most recently concluded fiscal year; and

(4) Disposition of employment authorization application fees collected from aliens granted temporary protected status

All of the fees collected pursuant to this subsection shall be deposited into the general fund of the Treasury.

(5) No fee waiver

Fees required to be paid under this subsection shall not be waived or reduced.

(Pub. L. 119–21, title X, §100003, July 4, 2025, 139 Stat. 365.)

§1804. Immigration parole fee

(a) In general

Except as provided under subsection (b), the Secretary of Homeland Security shall require the payment of a fee, equal to the amount specified in this section and in addition to any other fee authorized by law, by any alien who is paroled into the United States.

(b) Exceptions

An alien shall not be subject to the fee otherwise required under subsection (a) if the alien establishes, to the satisfaction of the Secretary of Homeland Security, on an individual, case-by-case basis, that the alien is being paroled because—

(1)(A) the alien has a medical emergency; and

(B)(i) the alien cannot obtain necessary treatment in the foreign state in which the alien is residing; or

(ii) the medical emergency is life-threatening and there is insufficient time for the alien to be admitted to the United States through the normal visa process;

(2)(A) the alien is the parent or legal guardian of an alien described in paragraph (1); and

(B) the alien described in paragraph (1) is a minor;

(3)(A) the alien is needed in the United States to donate an organ or other tissue for transplant; and

(B) there is insufficient time for the alien to be admitted to the United States through the normal visa process;

(4)(A) the alien has a close family member in the United States whose death is imminent; and

(B) the alien could not arrive in the United States in time to see such family member alive if the alien were to be admitted to the United States through the normal visa process;

(5)(A) the alien is seeking to attend the funeral of a close family member; and

(B) the alien could not arrive in the United States in time to attend such funeral if the alien were to be admitted to the United States through the normal visa process;

(6) the alien is an adopted child—

(A) who has an urgent medical condition;

(B) who is in the legal custody of the petitioner for a final adoption-related visa; and

(7) the alien—

(A) is a lawful applicant for adjustment of status under section 1255 of this title; and

(B) is returning to the United States after temporary travel abroad;

(8) the alien—

(A) has been returned to a contiguous country pursuant to section 1225(b)(2)(C) of this title; and

(B) is being paroled into the United States to allow the alien to attend the alien's immigration hearing;

(9) the alien has been granted the status of Cuban and Haitian entrant (as defined in section 501(e) of the Refugee Education Assistance Act of 1980 (Public Law 96–422; 8 U.S.C. 1522 note); or

(10) the Secretary of Homeland Security determines that a significant public benefit has resulted or will result from the parole of an alien—

(A) who has assisted or will assist the United States Government in a law enforcement matter;

(B) whose presence is required by the United States Government in furtherance of such law enforcement matter; and

(C)(i) who is inadmissible or does not satisfy the eligibility requirements for admission as a nonimmigrant; or

(ii) for which there is insufficient time for the alien to be admitted to the United States through the normal visa process.

(c) Initial amount

For fiscal year 2025, the amount specified in this section shall be the greater of—

(1) $1,000; or

(2) such amount as the Secretary of Homeland Security may establish, by rule.

(d) Annual adjustments for inflation

During fiscal year 2026, and during each subsequent fiscal year, the amount specified in this section shall be equal to the sum of—

(1) the amount of the fee required under this subsection for the most recently concluded fiscal year; and

(e) Disposition of fees collected from aliens granted parole

All of the fees collected pursuant to this section shall be deposited into the general fund of the Treasury.

(f) No fee waiver

Except as provided in subsection (b), fees required to be paid under this section shall not be waived or reduced.

(Pub. L. 119–21, title X, §100004, July 4, 2025, 139 Stat. 367.)

§1805. Special immigrant juvenile fee

(a) In general

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 section, by any alien, parent, or legal guardian of an alien applying for special immigrant juvenile status under section 1101(a)(27)(J) of this title.

(b) Initial amount

For fiscal year 2025, the amount specified in this section shall be the greater of—

(1) $250; or

(2) such amount as the Secretary of Homeland Security may establish, by rule.

(c) Annual adjustments for inflation

During fiscal year 2026, and during each subsequent fiscal year, the amount specified in this section shall be equal to the sum of—

(1) the amount of the fee required under this subsection for the most recently concluded fiscal year; and

(d) Disposition of special immigrant juvenile fees

All of the fees collected pursuant to this section shall be deposited into the general fund of the Treasury.

(Pub. L. 119–21, title X, §100005, July 4, 2025, 139 Stat. 368.)

§1806. Visa integrity fee

(a) Visa integrity fee

(1) In general

(2) Initial amount

For fiscal year 2025, the amount specified in this section shall be the greater of—

(A) $250; or

(B) such amount as the Secretary of Homeland Security may establish, by rule.

(3) Annual adjustments for inflation

During fiscal year 2026, and during each subsequent fiscal year, the amount specified in this section shall be equal to the sum of—

(A) the amount of the fee required under this subsection for the most recently concluded fiscal year; and

(4) Disposition of visa integrity fees

All of the fees collected pursuant to this section that are not reimbursed pursuant to subsection (b) shall be deposited into the general fund of the Treasury.

(5) No fee waiver

Fees required to be paid under this subsection shall not be waived or reduced.

(b) Fee reimbursement

The Secretary of Homeland Security may provide a reimbursement to an alien of the fee required under subsection (a) for the issuance of a nonimmigrant visa after the expiration of such nonimmigrant visa's period of validity if such alien demonstrates that he or she—

(1) after admission to the United States pursuant to such nonimmigrant visa, complied with all conditions of such nonimmigrant visa, including the condition that an alien shall not accept unauthorized employment; and

(2)(A) has not sought to extend his or her period of admission during such period of validity and departed the United States not later than 5 days after the last day of such period; or

(B) during such period of validity, was granted an extension of such nonimmigrant status or an adjustment to the status of a lawful permanent resident.

(Pub. L. 119–21, title X, §100007, July 4, 2025, 139 Stat. 370.)

§1807. Form I–94 fee

(a) Fee authorized

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 subsection (b), by any alien who submits an application for a Form I–94 Arrival/Departure Record.

(b) Amount specified

(1) Initial amount

For fiscal year 2025, the amount specified in this section shall be the greater of—

(A) $24; or

(B) such amount as the Secretary of Homeland Security may establish, by rule.

(2) Annual adjustments for inflation

During fiscal year 2026, and during each subsequent fiscal year, the amount specified in this section shall be equal to the sum of—

(A) the amount of the fee required under this subsection for the most recently concluded fiscal year; and

(c) Disposition of Form I–94 fees

During each fiscal year—

(1) 20 percent of the fees collected pursuant to this section—

(A) shall be deposited into the Land Border Inspection Fee Account in accordance with section 1356(q)(2) of this title; and

(B) shall be made available to U.S. Customs and Border Protection to retain and spend without further appropriation for the purpose of processing Form I–94; and

(2) any amounts not deposited into the Land Border Inspection Fee Account pursuant to paragraph (1)(A) shall be deposited in the general fund of the Treasury.

(d) No fee waiver

Fees required to be paid under this section shall not be waived or reduced.

(Pub. L. 119–21, title X, §100008, July 4, 2025, 139 Stat. 370.)

§1808. Annual asylum fee

(a) Fee authorized

In addition to any other fee authorized by law, for each calendar year that an alien's application for asylum remains pending, the Secretary of Homeland Security or the Attorney General, as applicable, shall require the payment of a fee, equal to the amount specified in subsection (b), by such alien.

(b) Amount specified

(1) Initial amount

For fiscal year 2025, the amount specified in this section shall be the greater of—

(A) $100; or

(B) such amount as the Secretary of Homeland Security may establish, by rule.

(2) Annual adjustments for inflation

During fiscal year 2026, and during each subsequent fiscal year, the amount specified in this section shall be equal to the sum of—

(A) the amount of the fee required under this subsection for the most recently concluded fiscal year; and

(c) Disposition of annual asylum fees

All of the fees collected pursuant to this section shall be deposited into the general fund of the Treasury.

(d) No fee waiver

Fees required to be paid under this section shall not be waived or reduced.

(Pub. L. 119–21, title X, §100009, July 4, 2025, 139 Stat. 371.)

§1809. Fee relating to renewal and extension of employment authorization for parolees

(a) In general

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 subsection (b), for any parolee who seeks a renewal or extension of employment authorization based on a grant of parole. The employment authorization for each alien paroled into the United States, or any renewal or extension of such parole, shall be valid for a period of 1 year or for the duration of the alien's parole, whichever is shorter.

(b) Amount specified

(1) Initial amount

For fiscal year 2025, the amount specified in this subsection shall be the greater of—

(A) $275; or

(B) such amount as the Secretary of Homeland Security may establish, by rule.

(2) Annual adjustments for inflation

During fiscal year 2026, and during each subsequent fiscal year, the amount specified in this section shall be equal to the sum of—

(A) the amount of the fee required under this subsection for the most recently concluded fiscal year; and

(c) Disposition of fees relating to renewal and extension of employment authorization for parolees

During each fiscal year—

(1) 25 percent of the fees collected pursuant to this section—

(A) shall be credited to U.S. Citizenship and Immigration Services;

(B) shall be deposited into the Immigration Examinations Fee Account established under section 1356(m) of this title; and

(2) any amounts collected pursuant to this section 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.

(d) No fee waiver

Fees required to be paid under this section shall not be waived or reduced.

(Pub. L. 119–21, title X, §100010, July 4, 2025, 139 Stat. 372.)

§1810. Fee relating to renewal or extension of employment authorization for asylum applicants

(a) In general

In addition to any other fee authorized by law, the Secretary of Homeland Security shall require the payment of a fee of not less than $275 by any alien who has applied for asylum for each renewal or extension of employment authorization based on such application.

(b) Termination

Each initial employment authorization, or renewal or extension of such authorization, shall terminate—

(1) immediately following the denial of an asylum application by an asylum officer, unless the case is referred to an immigration judge;

(2) on the date that is 30 days after the date on which an immigration judge denies an asylum application, unless the alien makes a timely appeal to the Board of Immigration Appeals; or

(3) immediately following the denial by the Board of Immigration Appeals of an appeal of a denial of an asylum application.

(c) Disposition of fees relating to renewal and extension of employment authorization for asylum applicants

During each fiscal year—

(1) 25 percent of the fees collected pursuant to this section—

(A) shall be credited to U.S. Citizenship and Immigration Services;

(B) shall be deposited into the Immigration Examinations Fee Account established under section 1356(m) of this title; and

(d) No fee waiver

Fees required to be paid under this section shall not be waived or reduced.

(Pub. L. 119–21, title X, §100011, July 4, 2025, 139 Stat. 372.)

§1811. Fee relating to renewal and extension of employment authorization for aliens granted temporary protected status

(a) In general

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 subsection (b), by any alien at the time such alien seeks a renewal or extension of employment authorization based on a grant of temporary protected status. Any employment authorization for an alien granted temporary protected status, or any renewal or extension of such employment authorization, shall be valid for a period of 1 year or for the duration of the designation of temporary protected status, whichever is shorter.

(b) Amount specified

(1) Initial amount

For fiscal year 2025, the amount specified in this subsection shall be the greater of—

(A) $275; or

(B) such amount as the Secretary of Homeland Security may establish, by rule.

(2) Annual adjustments for inflation

During fiscal year 2026, and during each subsequent fiscal year, the amount specified in this section shall be equal to the sum of—

(A) the amount of the fee required under this subsection for the most recently concluded fiscal year; and

(c) Disposition of fees relating to renewal and extension of employment authorization for temporary protected status applicants

During each fiscal year—

(1) 25 percent of the fees collected pursuant to this section—

(A) shall be credited to U.S. Citizenship and Immigration Services;

(B) shall be deposited into the Immigration Examinations Fee Account established under section 1356(m) of this title; and

(d) No fee waiver

Fees required to be paid under this section shall not be waived or reduced.

(Pub. L. 119–21, title X, §100012, July 4, 2025, 139 Stat. 373.)

§1812. Fees relating to applications for adjustment of status

(a) Fee for filing an application to adjust status to that of a lawful permanent resident

(1) In general

In addition to any other fees authorized by law, the Attorney General shall require the payment of a fee, equal to the amount specified in paragraph (2), by any alien who files an application with an immigration court to adjust the alien's status to that of a lawful permanent resident, or whose application to adjust his or her status to that of a lawful permanent resident is adjudicated in immigration court. Such fee shall be paid at the time such application is filed or before such application is adjudicated by the immigration court.

(2) Amount specified

(A) Initial amount

For fiscal year 2025, the amount specified in this paragraph shall be the greater of—

(i) $1,500; or

(ii) such amount as the Attorney General may establish, by rule.

(B) Annual adjustments for inflation

During fiscal year 2026, and during each subsequent fiscal year, the amount specified in this paragraph shall be equal to the sum of—

(i) the amount of the fee required under this subsection for the most recently concluded fiscal year; and

(ii) the product resulting from the multiplication of the amount referred to in clause (i) 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.

(3) Disposition of adjustment of status application fees

During each fiscal year—

(A) not more than 25 percent of the fees collected pursuant to this subsection—

(i) shall be derived by transfer from the Immigration Examinations Fee Account under section 1356(n) of this title; and

(ii) shall be credited to the Executive Office for Immigration Review to retain and spend without further appropriation; and

(B) any amounts not derived by transfer and credited pursuant to subparagraph (A) shall be deposited into the general fund of the Treasury.

(b) Fee for filing application for waiver of grounds of inadmissibility

(1) In general

In addition to any other fees authorized by law, the Attorney General shall require the payment of a fee, equal to the amount specified in paragraph (2), by any alien at the time such alien files an application with an immigration court for a waiver of a ground of inadmissibility, or before such application is adjudicated by the immigration court.

(2) Amount specified

(A) Initial amount

For fiscal year 2025, the amount specified in this paragraph shall be the greater of—

(i) $1,050; or

(ii) such amount as the Attorney General may establish, by rule.

(B) Annual adjustments for inflation

During fiscal year 2026, and during each subsequent fiscal year, the amount specified in this paragraph shall be equal to the sum of—

(i) the amount of the fee required under this subsection for the most recently concluded fiscal year; and

(3) Disposition of waiver of ground of admissibility application fees

During each fiscal year—

(A) not more than 25 percent of the fees collected pursuant to this subsection—

(i) shall be derived by transfer from the Immigration Examinations Fee Account under section 1356(n) of this title; and

(ii) shall be credited to the Executive Office for Immigration Review to retain and spend without further appropriation; and

(B) any amounts not derived by transfer and credited pursuant to subparagraph (A) shall be deposited into the general fund of the Treasury.

(c) Fee for filing an application for temporary protected status

(1) In general

In addition to any other fees authorized by law, the Attorney General shall require the payment of a fee, equal to the amount specified in paragraph (2), by any alien at the time such alien files an application with an immigration court for temporary protected status, or before such application is adjudicated by the immigration court.

(2) Amount specified

(A) Initial amount

For fiscal year 2025, the amount specified in this paragraph shall be the greater of—

(i) $500; or

(ii) such amount as the Attorney General may establish, by rule.

(B) Annual adjustments for inflation

During fiscal year 2026, and during each subsequent fiscal year, the amount specified in this paragraph shall be equal to the sum of—

(i) the amount of the fee required under this subsection for the most recently concluded fiscal year; and

(3) Disposition of temporary protected status application fees

During each fiscal year—

(A) not more than 25 percent of the fees collected pursuant to this subsection—

(i) shall be derived by transfer from the Immigration Examinations Fee Account under section 1356(n) of this title; and

(ii) shall be credited to the Executive Office for Immigration Review to retain and spend without further appropriation; and

(B) any amounts not derived by transfer and credited pursuant to subparagraph (A) shall be deposited into the general fund of the Treasury.

(d) Fee for filing an appeal of a decision of an immigration judge

(1) In general

Except as provided in paragraph (3), the Attorney General shall require, in addition to any other fees authorized by law, the payment of a fee, equal to the amount specified in paragraph (2), by any alien at the time such alien files an appeal from a decision of an immigration judge.

(2) Amount specified

(A) Initial amount

For fiscal year 2025, the amount specified in this paragraph shall be the greater of—

(i) $900; or

(ii) such amount as the Attorney General may establish, by rule.

(B) Annual adjustments for inflation

During fiscal year 2026, and during each subsequent fiscal year, the amount specified in this paragraph shall be equal to the sum of—

(i) the amount of the fee required under this subsection for the most recently concluded fiscal year; and

(3) Exception

The fee required under paragraph (1) shall not apply to the appeal of a bond decision.

(4) Disposition of fees for appealing immigration judge decisions

During each fiscal year—

(A) not more than 25 percent of the fees collected pursuant to this subsection—

(i) shall be derived by transfer from the Immigration Examinations Fee Account under section 1356(n) of this title; and

(ii) shall be credited to the Executive Office for Immigration Review to retain and spend without further appropriation; and

(B) any amounts not derived by transfer and credited pursuant to subparagraph (A) shall be deposited into the general fund of the Treasury.

(e) Fee for filing an appeal from a decision of an officer of the Department of Homeland Security

(1) In general

In addition to any other fees authorized by law, the Attorney General shall require the payment of a fee, equal to the amount specified in paragraph (2), by any alien at the time such alien files an appeal of a decision of an officer of the Department of Homeland Security.

(2) Amount specified

(A) Initial amount

For fiscal year 2025, the amount specified in this paragraph shall be the greater of—

(i) $900; or

(ii) such amount as the Attorney General may establish, by rule.

(B) Annual adjustments for inflation

During fiscal year 2026, and during each subsequent fiscal year, the amount specified in this paragraph shall be equal to the sum of—

(i) the amount of the fee required under this subsection for the most recently concluded fiscal year; and

(3) Disposition of fees for appealing Department of Homeland Security officer decisions

During each fiscal year—

(A) not more than 25 percent of the fees collected pursuant to this subsection—

(i) shall be derived by transfer from the Immigration Examinations Fee Account under section 1356(n) of this title; and

(ii) shall be credited to the Executive Office for Immigration Review to retain and spend without further appropriation; and

(B) any amounts not derived by transfer and credited pursuant to subparagraph (A) shall be deposited into the general fund of the Treasury.

(f) Fee for filing an appeal from a decision of an adjudicating official in a practitioner disciplinary case

(1) In general

In addition to any other fees authorized by law, the Attorney General shall require the payment of a fee, equal to the amount specified in paragraph (2), by any practitioner at the time such practitioner files an appeal from a decision of an adjudicating official in a practitioner disciplinary case.

(2) Amount specified

(A) Initial amount

For fiscal year 2025, the amount specified in this paragraph shall be the greater of—

(i) $1,325; or

(ii) such amount as the Attorney General may establish, by rule.

(B) Annual adjustments for inflation

During fiscal year 2026, and during each subsequent fiscal year, the amount specified in this paragraph shall be equal to the sum of—

(i) the amount of the fee required under this subsection for the most recently concluded fiscal year; and

(3) Disposition of fees for appealing Department of Homeland Security officer decisions

During each fiscal year—

(A) not more than 25 percent of the fees collected pursuant to this subsection—

(i) shall be derived by transfer from the Immigration Examinations Fee Account under section 1356(n) of this title; and

(ii) shall be credited to the Executive Office for Immigration Review to retain and spend without further appropriation; and

(B) any amounts not derived by transfer and credited pursuant to subparagraph (A) shall be deposited into the general fund of the Treasury.

(g) Fee for filing a motion to reopen or a motion to reconsider

(1) In general

Except as provided in paragraph (3), in addition to any other fees authorized by law, the Attorney General shall require the payment of a fee, equal to the amount specified in paragraph (2), by any alien at the time such alien files a motion to reopen or motion to reconsider a decision of an immigration judge or the Board of Immigration Appeals.

(2) Amount specified

(A) Initial amount

For fiscal year 2025, the amount specified in this paragraph shall be the greater of—

(i) $900; or

(ii) such amount as the Attorney General may establish, by rule.

(B) Annual adjustments for inflation

During fiscal year 2026, and during each subsequent fiscal year, the amount specified in this paragraph shall be equal to the sum of—

(i) the amount of the fee required under this subsection for the most recently concluded fiscal year; and

(3) Exceptions

The fee required under paragraph (1) shall not apply to—

(A) a motion to reopen a removal order entered in absentia if such motion is filed in accordance with section 1229a(b)(5)(C)(ii) of this title; or

(B) a motion to reopen a deportation order entered in absentia if such motion is filed in accordance with section 1252b(c)(3)(B) of this title prior to April 1, 1997.

(4) Disposition of fees for filing certain motions

During each fiscal year—

(A) not more than 25 percent of the fees collected pursuant to this subsection—

(i) shall be derived by transfer from the Immigration Examinations Fee Account under section 1356(n)of this title; and

(ii) shall be credited to the Executive Office for Immigration Review to retain and spend without further appropriation; and

(B) any amounts not derived by transfer and credited pursuant to subparagraph (A) shall be deposited into the general fund of the Treasury.

(h) Fee for filing application for suspension of deportation

(1) In general

(2) Amount specified

(A) Initial amount

For fiscal year 2025, the amount specified in this paragraph shall be the greater of—

(i) $600; or

(ii) such amount as the Attorney General may establish, by rule.

(B) Annual adjustments for inflation

During fiscal year 2026, and during each subsequent fiscal year, the amount specified in this paragraph shall be equal to the sum of—

(i) the amount of the fee required under this subsection for the most recently concluded fiscal year; and

(3) Disposition of fees for filing application for suspension of deportation

During each fiscal year—

(A) not more than 25 percent of the fees collected pursuant to this subsection—

(i) shall be derived by transfer from the Immigration Examinations Fee Account under section 1356(n) of this title; and

(ii) shall be credited to the Executive Office for Immigration Review to retain and spend without further appropriation; and

(B) any amounts not derived by transfer and credited pursuant to subparagraph (A) shall be deposited into the general fund of the Treasury.

(i) Fee for filing application for cancellation of removal for certain permanent residents

(1) In general

In addition to any other fees authorized by law, the Attorney General shall require the payment of a fee, equal to the amount specified in paragraph (2), by any alien at the time such alien files an application with an immigration court an application¹ for cancellation of removal for an alien who is a lawful permanent resident.

(2) Amount specified

(A) Initial amount

For fiscal year 2025, the amount specified in this paragraph shall be the greater of—

(i) $600; or

(ii) such amount as the Attorney General may establish, by rule.

(B) Annual adjustments for inflation

During fiscal year 2026, and during each subsequent fiscal year, the amount specified in this paragraph shall be equal to the sum of—

(i) the amount of the fee required under this subsection for the most recently concluded fiscal year; and

(3) Disposition of fees for filing application for cancellation of removal

During each fiscal year—

(A) not more than 25 percent of the fees collected pursuant to this subsection—

(i) shall be derived by transfer from the Immigration Examinations Fee Account under section 1356(n) of this title; and

(ii) shall be credited to the Executive Office for Immigration Review to retain and spend without further appropriation; and

(B) any amounts not derived by transfer and credited pursuant to subparagraph (A) shall be deposited into the general fund of the Treasury.

(j) Fee for filing an application for cancellation of removal and adjustment of status for certain nonpermanent residents

(1) In general

In addition to any other fees authorized by law, the Attorney General shall require the payment of a fee, equal to the amount specified in paragraph (2), by any alien who is not a lawful permanent resident at the time such alien files an application with an immigration court for cancellation of removal and adjustment of status for any alien.

(2) Amount specified

(A) Initial amount

For fiscal year 2025, the amount specified in this paragraph shall be the greater of—

(i) $1,500; or

(ii) such amount as the Attorney General may establish, by rule.

(B) Annual adjustments for inflation

During fiscal year 2026, and during each subsequent fiscal year, the amount specified in this paragraph shall be equal to the sum of—

(i) the amount of the fee required under this subsection for the most recently concluded fiscal year; and

(3) Disposition of fees for filing application for cancellation of removal

During each fiscal year—

(A) not more than 25 percent of the fees collected pursuant to this subsection—

(i) shall be derived by transfer from the Immigration Examinations Fee Account under section 1356(n) of this title; and

(ii) shall be credited to the Executive Office for Immigration Review to retain and spend without further appropriation; and

(B) any amounts not derived by transfer and credited pursuant to subparagraph (A) shall be deposited into the general fund of the Treasury.

(k) Limitation on use of funds

No fees collected pursuant to this section may be expended by the Executive Office for Immigration Review for the Legal Orientation Program, or for any successor program.

(Pub. L. 119–21, title X, §100013, July 4, 2025, 139 Stat. 374.)

Editorial Notes

References in Text

Section 1252b(c)(3)(B) of this title, referred to in subsec. (g)(3)(B), was repealed by Pub. L. 104–208, div. C, title III, §308(b)(6), Sept. 30, 1996, 110 Stat. 3009–615. See section 1229a(b)(5)(C)(ii) of this title.

¹ So in original.

§1813. Electronic Visa Update System fee

(a) In general

In addition to any other fee authorized by law, the Secretary of Homeland Security shall require the payment of a fee, in the amount specified in subsection (b), by any alien subject to the Electronic Visa Update System at the time of such alien's enrollment in such system.

(b) Amount specified

(1) In general

For fiscal year 2025, the amount specified in this subsection shall be the greater of—

(A) $30; or

(B) such amount as the Secretary of Homeland Security may establish, by rule.

(2) Annual adjustments for inflation

During fiscal year 2026 and each subsequent fiscal year, the amount specified in this subsection shall be equal to the sum of—

(A) the amount of the fee required under this subsection during the most recently concluded fiscal year; and

(c) Disposition of Electronic Visa Update System fees

(1) Omitted

(2) Remaining fees

Of the fees collected pursuant to this section, an amount equal to $5 multiplied by the number of payments collected pursuant to this section shall be deposited to the general fund of the Treasury.

(d) No fee waiver

Fees required to be paid under this section shall not be waived or reduced.

(Pub. L. 119–21, title X, §100015, July 4, 2025, 139 Stat. 382.)

Editorial Notes

Codification

Section is comprised of section 100015 of Pub. L. 119–21. Subsec. (c)(1) of section 100015 of Pub. L. 119–21 amended section 1356 of this title.

§1814. Fee for aliens ordered removed in absentia

(a) In general

As partial reimbursement for the cost of arresting an alien described in this section, the Secretary of Homeland Security, except as provided in subsection (c), shall require the payment of a fee, equal to the amount specified in subsection (b) on any alien who—

(1) is ordered removed in absentia pursuant to section 1229a(b)(5) of this title; and

(2) is subsequently arrested by U.S. Immigration and Customs Enforcement.

(b) Amount specified

(1) Initial amount

For fiscal year 2025, the amount specified in this section shall be the greater of—

(A) $5,000; or

(B) such amount as the Secretary of Homeland Security may establish, by rule.

(2) Annual adjustments for inflation

During fiscal year 2026, and during each subsequent fiscal year, the amount specified in this section shall be equal to the sum of—

(A) the amount of the fee required under this subsection for the most recently concluded fiscal year; and

(c) Exception

The fee described in this section shall not apply to any alien who was ordered removed in absentia if such order was rescinded pursuant to section 1229a(b)(5)(C) of this title.

(d) Disposition of removal in absentia fees

During each fiscal year—

(1) 50 percent of the fees collected pursuant to this section—

(A) shall be credited to U.S. Immigration and Customs Enforcement;

(B) shall be deposited into the Detention and Removal Office Fee Account; and

(2) any amounts collected pursuant to this section that are not credited to U.S. Immigration and Customs Enforcement pursuant to paragraph (1) shall be deposited into the general fund of the Treasury.

(e) No fee waiver

Fees required to be paid under this section shall not be waived or reduced.

(Pub. L. 119–21, title X, §100016, July 4, 2025, 139 Stat. 384.)

§1815. Inadmissible alien apprehension fee

(a) In general

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 subsection (b), by any inadmissible alien at the time such alien is apprehended between ports of entry.

(b) Amount specified

(1) Initial amount

For fiscal year 2025, the amount specified in this section shall be the greater of—

(A) $5,000; or

(B) such amount as the Secretary of Homeland Security may establish, by rule.

(2) Annual adjustments for inflation

During fiscal year 2026, and during each subsequent fiscal year, the amount specified in this section shall be equal to the sum of—

(A) the amount of the fee required under this subsection for the most recently concluded fiscal year; and

(c) Disposition of inadmissible alien apprehension fees

During each fiscal year—

(1) 50 percent of the fees collected pursuant to this section—

(A) shall be credited to U.S. Immigration and Customs Enforcement;

(B) shall be deposited into the Detention and Removal Office Fee Account; and

(d) Disposition of inadmissible alien apprehension fees

All of the fees collected pursuant to this section shall be deposited into the general fund of the Treasury.

(Pub. L. 119–21, title X, §100017, July 4, 2025, 139 Stat. 384.)