United States | $1,000 immigration parole fee mandated by H.R. 1 does not apply to AOS-based parole applications

The Department of Homeland Security published notice in the Federal Register (FRN) announcing implementation of the new immigration parole fee of $1,000 as mandated in the H.R. 1 Reconciliation Bill (H.R. 1) “for any alien who is paroled into the United States who does not meet an exception,” effective Oct. 16. Applicants for adjustment of status using advance parole to return to the U.S. after temporary travel abroad are exempt from this fee.

Key Points:

• U.S. Citizenship and Immigration Services guidance: USCIS released guidance stating “the fee is $1,000 for FY 2025 and is subject to annual adjustments for inflation.”
• When the parole fee applies: The FRN states, “The parole fee will apply for any alien that has a request for parole filed or pending prior to the effective date of this notice because the fee attaches when an alien is paroled into the United States,” including initial parole, re-parole, parole in place and parole from DHS custody.
  o The fee-triggering event is identified in the FRN as “the actual grant and effectuation of parole at or into the United States — not the filing of an application or request. The timing of the fee attaches when parole is effectuated, regardless of when the underlying application or request was submitted.”
• When the parole fee payment is due: According to the FRN, “The fee will not be due when an application is merely submitted or when a travel document is issued, but rather, DHS will collect the $1,000 fee after it determines that the alien merits a grant of parole as a matter of discretion and the alien either appears for inspection at a port of entry or is already physically present in the United States.”
• Collecting the parole fee: USCIS guidance states the immigration parole fee will be collected by the agency “if you are physically present in the United States and we are granting you parole or a new period of parole (also known as re-parole).” If parole or re-parole is approved and requires fee payment, the agency will “notify you that you must pay this fee before we can approve your request. The notice will have payment instructions and a deadline.” The FRN also contains details about Customs and Border Protection and Immigration and Customs Enforcement collecting the H.R. 1 parole fee when it grants parole.
• Exceptions to the parole fee, including advance parole based on pending adjustment of status application: The FRN notes that H.R. 1 provides 10 exceptions to the $1,000 fee, subject to the discretion of the Secretary of DHS, including but not limited to certain urgent medical needs, imminent family death, organ donation, funeral attendance, law enforcement assistance and certain procedural matters. The legislation exempts individuals from the parole fee when “the alien is a lawful applicant for adjustment of status under section 245 of the [Immigration and Nationality Act] (8 U.S.C. 1255); and is returning to the United States after temporary travel abroad.”
• Parole denials: USCIS states, “We will not grant parole unless you pay the immigration parole fee as instructed and within the specified time period.”

Additional Information: Certain new immigration fees required under H.R. 1 were first announced by USCIS in July and published in the FRN on July 22. BAL continues to monitor government guidance on the implementation of the legislation and will provide updates as information becomes available.

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

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