United States | Interim final rule codifies new USCIS immigration fees and related provisions under HR 1 Reconciliation Bill

Today, the Department of Homeland Security published an interim final rule (IFR) in the Federal Register, effective May 29, 2026, to codify immigration fee requirements and related policy changes mandated by the H.R. 1 Reconciliation Bill of 2025 (aka “One Big Beautiful Bill Act”), including consequences for failure to pay certain asylum fees, form-specific fee requirements and validity periods for certain types of employment authorization.

Key takeaways:

Unpaid annual asylum fees may result in application rejection and further consequences. U.S. Citizenship and Immigration Services released an announcement on the IFR stating, “The interim final rule establishes that if an alien does not pay the AAF [Annual Asylum Fee] within 30 days of notification, USCIS will reject their pending asylum application. If an alien does not have legal status in the U.S., USCIS will also initiate the alien’s removal.” Additional consequences could include denial of pending Form I-765 employment authorization applications and the immediate loss of work authorization.

Additional H.R. 1–related fee and authorization changes. The IFR also:

• Codifies the retention of the Form I‑589 filing fee by USCIS if the application is improperly filed;
• Requires USCIS to reject pending Form I-589 asylum applications for aliens who fail to pay the AAF once the IFR is in effect;
• Limits the validity period of certain Temporary Protected Status–based employment authorizations to one year or the remaining TPS designation period (whichever is shorter); and
• Establishes a minimum filing fee for Form I‑102 (Application for Replacement/Initial Nonimmigrant Arrival‑Departure Document) in addition to other fees.

Public comments open. The IFR is effective May 29, 2026, with public comments open for submission by stakeholders on or before June 29, 2026.

Additional information: The H.R. 1 Reconciliation Bill was signed into law on July 4, 2025, introducing a range of new immigration fees and various immigration-related provisions.

This alert has been provided by the BAL U.S. Practice Group.

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