USCIS Fee Increases Take Effect October 16, 2026: New Costs for Asylum, Work Permits, TPS and Parole
The USCIS fee increase for October 2026 is official: starting with filings postmarked on or after Friday, October 16, 2026, USCIS will charge higher H.R. 1 fees for initial work permits for asylum applicants, parolees and TPS applicants ($560 to $570), for initial Form I-821 TPS applications ($510 to $520), and for the Annual Asylum Fee ($102 to $105). The immigration parole fee also rises ($1,020 to $1,050), but it follows a different rule: it applies to anyone granted parole on or after October 16, 2026, no matter when the request was mailed. The changes come from a Department of Homeland Security notice published in the Federal Register on October 1, 2026 (91 FR 62540, FR Doc. 2026-20187). A filing postmarked on or after October 16 that carries the old amount will be rejected.
The increases are small in dollars, but the consequence of getting them wrong is not. A rejected application loses its place in line, and for a TPS registration or a work permit renewal, a few weeks of delay can mean a gap in your ability to work. This article explains exactly which fees changed, which did not, how the postmark rule works for mail, courier and online filings, and what to do this week if you have a filing ready to go.
What Changes on October 16, 2026
The One Big Beautiful Bill Act, Public Law 119-21 (often called H.R. 1), created a set of new immigration fees in July 2025 and requires DHS to adjust them every year for inflation. The adjustment uses the change in the Consumer Price Index for All Urban Consumers (CPI-U) from July of one year to July of the next. For fiscal year 2027, DHS measured that change at about 3.36 percent (CPI-U of 323.048 in July 2025 and 333.918 in July 2026). The law then requires most fees to be rounded down to the next lowest multiple of $10, and the Annual Asylum Fee to be rounded down to the nearest dollar.
That rounding rule is why only some fees moved. Here is the complete list of H.R. 1 fees that USCIS collects, as published in Table 1 of the October 1, 2026 notice:
| H.R. 1 fee | Fee through Oct. 15, 2026 | Fee starting Oct. 16, 2026 |
|---|---|---|
| I-765 initial EAD, asylum applicant | $560 | $570 |
| I-765 initial EAD, parolee | $560 | $570 |
| I-765 initial EAD, TPS | $560 | $570 |
| I-821 TPS fee (initial registration) | $510 | $520 |
| Annual Asylum Fee (pending I-589) | $102 | $105 |
| I-131 immigration parole fee | $1,020 | $1,050 |
| I-589 initial asylum application fee | $100 | $100 (no change) |
| I-765 renewal or extension EAD, asylum applicant | $275 | $275 (no change) |
| I-765 renewal or extension EAD, parolee | $280 | $280 (no change) |
| I-765 renewal or extension EAD, TPS | $280 | $280 (no change) |
| I-765 re-parole EAD | $280 | $280 (no change) |
| I-360 Special Immigrant Juvenile fee | $250 | $250 (no change) |
| I-94 immigration fee | $24 | $24 (no change) |
USCIS announced the same six increases in a website alert. The fees in this table are the H.R. 1 amounts only. They are not the full cost of filing, as explained below.
Which Fees Did Not Change, and Why
Several fees stayed flat. The $100 fee for a new Form I-589 asylum application does not change because $100 plus 3.36 percent is $103.36, which rounds down to $100. The same rounding keeps the parole EAD renewal, the TPS EAD renewal and the re-parole EAD at $280, and the Special Immigrant Juvenile fee at $250.
The $275 fee for renewing or extending an asylum applicant's work permit is different. It stays at $275 because H.R. 1 does not provide for any inflation adjustment to that fee at all, as the notice explains in its footnote citing 8 U.S.C. 1810. If you file a (c)(8) renewal, your H.R. 1 portion remains $275 after October 16.
Two other categories deserve a clear statement because clients ask about them often. A work permit based on a pending green card application, category (c)(9), is not one of the H.R. 1 EAD fees. USCIS has read the parolee EAD fees to apply only to people seeking work authorization based on their parole (such as category (c)(11)), not to everyone who was once paroled. And advance parole for a pending adjustment applicant falls within one of the ten statutory exceptions to the parole fee, which covers a lawful applicant for adjustment of status under INA section 245 who returns after temporary travel abroad. Adjustment applicants still pay the regular adjustment fees, which we break down in our post on I-485 filing fees in 2026.
The Postmark Rule: Mail, Courier and Online Filings
The notice ties the new fees to the postmark. In its words, USCIS will require the fiscal year 2027 fees "for any immigration benefit requests postmarked on or after October 16, 2026," and requests postmarked on or after that date "without the proper filing fee will be rejected." That means a package postmarked on Thursday, October 15, 2026 can still go in with the current amount. A package postmarked Friday, October 16 must carry the new amount.
This is different from the ordinary rule for filing dates. Under 8 CFR 103.2(a)(7)(i), USCIS records the receipt date as the date the request actually arrives at the correct filing location. The postmark matters only for deciding which fee schedule applies at a fee change. The receipt date still controls everything else, such as filing deadlines.
For U.S. Postal Service mail, the postmark is the date the post office applies. Ask for a dated receipt at the counter and use a tracked service so you can prove the date if a dispute arises.
For FedEx, UPS or DHL, the October 2026 notice does not define "postmark." In its 2024 fee rule (89 FR 6194, January 31, 2024), USCIS explained its general approach at a fee change: it treats the shipping date printed on the label as the postmark; if there is no shipping date, the date the label was printed; and if the label shows neither, USCIS assumes the postmark was 10 days before it received the package. We expect USCIS to follow the same approach, but because this notice does not say so, do not rely on a label printed the night before. Ship early enough that the question never comes up.
For online filings through a USCIS account, there is no postmark, and the notice does not address online filings. Under 8 CFR 103.2(a)(7)(i), USCIS records an electronic filing as received on the date it is submitted, so treat that date as controlling. If you are filing online with the current fee, submit no later than October 15, 2026 and save the confirmation page and receipt notice.
Our practical rule for this week: if a paper filing is ready, mail it by Wednesday, October 14, with tracking and a dated receipt. If it will not be mailed until Friday, October 16 or later, use the new amount. If you mail on Thursday, October 15, the current amount is the correct fee for that postmark date, so mail it at a post office counter and keep the dated receipt. Do not assume USCIS will accept a fee higher than the one in effect on your postmark date.
These Fees Are Added to the Regular Filing Fee
The H.R. 1 fees are not a replacement for the regular USCIS fees in 8 CFR part 106. The statute imposes them "in addition to any other fee authorized by law," and USCIS has applied them that way since July 2025. In its April 29, 2026 interim final rule (91 FR 22952), DHS repeated that H.R. 1 fees are imposed in addition to the fees in 8 CFR part 106 and are not refundable.
In practice, that means a parolee or TPS applicant filing an initial work permit pays the regular Form I-765 fee plus the H.R. 1 initial EAD fee. USCIS's July 2025 notice listed the regular I-765 fee at $520 for paper filing and $470 for online filing for those categories, so check the current Form G-1055 fee schedule for the base amount on the day you file. An initial asylum applicant filing under category (c)(8) has a $0 regular I-765 fee, so the H.R. 1 fee of $570 is the whole amount for that first application. An initial TPS applicant also pays the $30 biometric services fee with Form I-821, on top of the $520 TPS fee.
When USCIS first implemented these fees in July 2025, it instructed that the regular DHS fee and the H.R. 1 fee be submitted separately. Payment instructions have changed several times since then, so follow the current form instructions and the G-1055 exactly. If one of two required payments is missing or short, the whole package can come back.
Have a TPS, asylum or work permit filing ready to mail this week?
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The Annual Asylum Fee: Who Pays, When, and Where the Litigation Stands
The Annual Asylum Fee is owed for each calendar year that an asylum application remains pending (8 U.S.C. 1808). It rises from $102 to $105 under the new notice. It is paid online only, and it is not something you mail with a form. USCIS sends an individual notice saying that the fee is due, how much is owed and how to pay. Under the framework USCIS announced in July 2025, applications filed after October 1, 2024 owe the fee on each one-year anniversary of filing while they remain pending, and older applications that were pending throughout fiscal year 2025 owe it each September 30. If you receive a notice, pay the amount stated in the notice by its deadline.
The April 29, 2026 interim final rule, effective May 29, 2026, said that if you do not pay within 30 days of the notice, USCIS will reject the pending I-589, deny any related work permit application, end asylum-based work authorization and, for people without other lawful status, start removal. We covered that rule when it was announced in our post on the new Annual Asylum Fee rules.
Those consequences are currently on hold for USCIS cases. On July 21, 2026, the U.S. District Court for the District of Massachusetts issued an administrative stay in Venezuelan Ass'n of Massachusetts v. USCIS, No. 26-cv-13038-NMG. USCIS confirmed in a July 2026 alert that it will comply, and that the stay covers rejection of asylum applications for nonpayment, termination of work authorization for nonpayment, and starting removal based solely on nonpayment. The court expressly allowed USCIS to keep collecting the fee. On August 5, 2026, the court granted a stay under 5 U.S.C. 705 that keeps those nonpayment consequences on hold until it rules on the merits, and, according to published reports, USCIS reopened expired payment windows for some applicants in August. The stay does not cancel the fee, and it does not control how immigration courts handle the fee for cases before an immigration judge, which is the subject of separate litigation in the District of Maryland. On September 22, 2026, that court set aside EOIR's policy memo and template order implementing the fee in immigration court (Asylum Seeker Advocacy Project v. EOIR, No. 1:25-cv-03299-SAG), but the fee itself remains in the statute. As of October 2026 the case remains pending and the government may seek further review, so treat the stay as temporary. We discussed the work permit side of this case in our post on the court order blocking work permit revocations.
The safest course is simple: if USCIS sends you an Annual Asylum Fee notice, pay it, keep the receipt, and keep your mailing address current with USCIS so you actually receive the notice.
The Parole Fee Works Differently
The immigration parole fee rises from $1,020 to $1,050, but it is not paid when you mail an application. Under DHS's October 2025 notice (90 FR 48317), the fee is triggered by the actual grant of parole, including parole in place and re-parole. When USCIS decides to approve an I-131 request for parole in place or re-parole, it first issues a conditional approval notice with payment instructions and a deadline, and parole is granted only after payment. Failing to pay by that deadline results in denial.
Because the trigger is the grant, the separate DHS notice published October 1, 2026 (FR Doc. 2026-20185) states that the $1,050 amount will be collected from anyone granted parole on or after October 16, 2026, "regardless of when the underlying application or request was submitted." So mailing an I-131 before October 16 does not lock in the $1,020 amount. Pay whatever your conditional approval notice states.
The statute lists ten exceptions to the parole fee, including certain medical emergencies, visits to a dying close family member or a funeral, adjustment applicants returning from temporary travel, and Cuban and Haitian entrants. DHS decides case by case whether an exception applies.
If Your Filing Is Rejected, and Why Fee Waivers Will Not Help
A rejection is not a denial. Under 8 CFR 103.2(a)(7)(ii), a request submitted without the correct fee is rejected and does not keep a filing date. You can correct the fee and file again, but your new receipt date is the date the corrected package arrives. For a TPS applicant facing a registration deadline or an asylum applicant timing a work permit around the 150/180-day EAD clock, that lost time can matter. Note also that if USCIS rejects a filed I-589, DHS now keeps the asylum application fee under the April 2026 rule.
If you receive a rejection notice, read the reason line, correct the payment, and refile immediately with a short cover letter and a copy of the rejection notice. Track the new package and calendar every deadline from the new receipt date.
Fee waivers do not solve this problem. H.R. 1 says these fees "shall not be waived or reduced," and DHS has interpreted that language to bar exemptions and $0 fees as well. Form I-912 may still be available for the regular USCIS fee in some categories, and the $30 TPS biometric fee remains waivable, but the H.R. 1 portion must be paid in full.
What This Means in the Lehigh Valley
Allentown, Bethlehem, Easton and Reading are home to large Honduran, Salvadoran, Venezuelan, Haitian and other communities, and many families here hold or have held TPS, have pending asylum cases, or entered on parole. Several TPS designations have been terminated or have been in active litigation during 2025 and 2026, so the first question for any TPS filing is whether your country's designation is currently open for registration or re-registration. Check the Federal Register notice for your country before you file. If a filing window is open and you are mailing on or after October 16, a first-time TPS applicant pays the $520 TPS fee (plus the $30 biometric services fee), and a request for a first TPS work permit carries the $570 initial EAD fee plus the regular Form I-765 fee. Re-registrants do not pay the $520 initial TPS fee, and a TPS work permit renewal carries the $280 H.R. 1 renewal fee instead of the $570 initial fee.
For asylum seekers, the Annual Asylum Fee applies whether your case is with USCIS or in removal proceedings at the Philadelphia Immigration Court. The Massachusetts stay protects only against USCIS consequences. If your case is in court, follow the court's instructions and your attorney's advice, and see our post on EOIR court fees that took effect October 1, 2026 for the separate fee changes in immigration court.
Many of our clients file their own work permit renewals, which is fine, but this is the week to double check. Before you mail anything, open the current Form G-1055 fee schedule on uscis.gov and compare it line by line with your payment. USCIS updates that page when fees change, and it is the most reliable source on the day you file.
Frequently Asked Questions
When does the USCIS fee increase take effect in October 2026?
The new fees apply to any filing postmarked on or after October 16, 2026. A filing postmarked on or before October 15, 2026 can be submitted with the current fees.
How much is the initial work permit fee for asylum, TPS and parole after October 16, 2026?
The H.R. 1 fee for an initial EAD for asylum applicants, parolees and TPS applicants rises from $560 to $570. Parolees and TPS applicants also pay the regular Form I-765 fee, while initial (c)(8) asylum applicants do not.
Did the $100 asylum application fee change?
No. The initial Form I-589 fee stays at $100 because the inflation adjustment rounds down to the same amount. The Annual Asylum Fee for pending cases rises from $102 to $105.
Can I get a fee waiver for H.R. 1 fees?
No. H.R. 1 says these fees shall not be waived or reduced. A fee waiver may still be available for some regular USCIS fees, but the H.R. 1 portion must be paid in full.
What happens if I send the old fee after October 16, 2026?
USCIS will reject the filing and return it. A rejected filing does not keep its receipt date, so you must correct the fee and file again, and your new receipt date is the date the corrected package arrives.
Get Help With Your Filing Before the Fee Change
If you have a TPS registration, a work permit application, a parole request or an asylum case in progress, a short review this week can help prevent a rejection. Our office in Allentown helps clients across Pennsylvania, New Jersey and New York with asylum cases, work permits and TPS filings, in English and Spanish.
Contact us or call (484) 763-4984 to schedule a consultation by phone or Google Meet.
This article is general information, not legal advice. Reading it does not create an attorney-client relationship. Laws and agency policies change; confirm current rules before acting.