USCIS Raising EAD Fees in 2026: What Asylum Seekers and TPS Holders Need to Know
If you have a pending asylum case or you are planning to apply for a work permit (Employment Authorization Document, or EAD) in the US, you need to know about this. USCIS officially announced that it is increasing certain immigration-related fees for fiscal year 2026. These increases are tied to inflation and were authorized under H.R. 1 — a major piece of legislation passed by Congress.
The changes are not huge in dollar amounts. But if you are already struggling to pay immigration fees, even a small increase matters. And understanding what is changing — and what is not — can help you plan ahead.
What Fees Are Going Up?
The fee increases affect a specific set of immigration applications. Here is a simple breakdown of what is changing:
- Form I-765 (Initial EAD) for Asylum Applicants: FY2026 HR-1 fee listed at $560
- Form I-765 (Renewal or Extension EAD) for Asylum Applicants: HR-1 fee listed at $275
- Form I-765 for Parolees and TPS applicants: Check USCIS Form G-1055 and the relevant TPS/parole instructions because fees and validity periods can depend on category and timing
- Form I-589 initial asylum fee: Listed at $100 under HR-1
- Annual Asylum Fee for pending I-589 cases: Listed at $102 for FY2026 when USCIS sends a payment notice; payment rules and exceptions can be case-specific
These increases come from a law called H.R. 1, which says DHS must adjust some fees for inflation each year starting in FY2026. USCIS published the official notice in the Federal Register to make this legal and final.
Who Does This Actually Affect?
Not everyone applying for immigration benefits will feel this change. These fee increases only affect specific categories of people. Let's break it down simply.
Asylum Seekers Filing for a Work Permit
If you have a pending asylum application and you are applying for your first EAD (work permit) using Form I-765 under the c(8) category (this is the asylum-based work permit category), USCIS lists the FY2026 HR-1 fee at $560. Asylum applicant renewal or extension EADs are listed at $275. These HR-1 fees are not waivable or reducible.
And here is something many people don't know: before you can even apply for this work permit, you need to wait 150 days after filing your asylum application. Then USCIS has up to 30 more days to process it. That 150 + 30 = 180 days is called the asylum clock. If you want to track exactly where you stand, use the free AsyClock calculator to check your 180-day eligibility — it's a simple tool built just for asylum seekers.
TPS Holders
If you have Temporary Protected Status (TPS) — a protection that lets people from certain countries stay in the US when it's not safe to return home — you are also affected. Both new TPS applicants and people renewing their TPS-based EADs will pay slightly more starting in FY2026.
This is especially important right now because USCIS has also been making big changes to TPS programs. For example, TPS for South Sudan was terminated, with EADs expiring on January 5, 2026. If you are from a country with TPS, you must stay on top of your status and renewal dates.
Parolees
If you entered the US through a parole program, check the current USCIS fee schedule before filing. HR-1 changed both fees and validity periods for several parole-related EAD categories, and the amount can depend on the filing type and timing.
Why Is USCIS Raising These Fees Now?
The short answer: inflation and a new law. H.R. 1 — also called the "big bill" by some lawmakers — requires DHS to adjust certain fees every year based on inflation. This is the first year that adjustment is happening. USCIS is required to publish this in the Federal Register so it becomes official.
The fee increase is about 2%, which matches recent inflation rates. It is not a sudden policy decision — it is a built-in requirement from Congress.
But here is some important context. Just a couple of years ago, USCIS temporarily expanded automatic EAD renewal extensions to prevent work gaps. That earlier rule helped many renewal applicants avoid losing work authorization while waiting for USCIS to process their paperwork. USCIS later announced that renewal EAD applicants who file on or after Oct. 30, 2025, generally no longer receive an automatic extension, with limited exceptions such as some TPS extensions by law or Federal Register notice.
What About the I-589 Fee and Annual Asylum Fee?
USCIS lists a $100 initial Form I-589 asylum fee under HR-1. USCIS also lists an Annual Asylum Fee of $102 for FY2026 for some principal applicants with a pending Form I-589 when USCIS sends a payment notice. The notice should explain the amount, deadline, payment instructions, and consequences.
Do not assume a fee is blocked for everyone. USCIS has announced specific fee pauses for certain Ms. L. settlement class members and qualifying family members, but most applicants should verify the current Form I-589 and G-1055 fee instructions before filing or responding to a payment notice.
What Should You Do Now?
Here are three practical steps you can take today:
- 1. Check your 180-day asylum clock. If you have a pending asylum case and want to apply for a work permit, you need to have waited 150 days first. Track your 180-day asylum clock with the free AsyClock calculator to know exactly when you can file Form I-765.
- 2. Check the current fee before filing. Fees can change, and USCIS may reject a filing with the wrong fee. Confirm the current amount on the USCIS Form G-1055 fee schedule and Form I-765 page before you submit anything.
- 3. Know your TPS status and deadlines. If you have TPS, find out when your country's designation expires and when you need to renew your EAD. Missing a deadline can mean losing your work authorization. Talk to a licensed immigration attorney or accredited representative if you are unsure.
Frequently Asked Questions
How much will the EAD fee increase in 2026?
For pending asylum applicants under category (c)(8), USCIS lists the FY2026 initial EAD HR-1 fee at $560 and the renewal or extension EAD fee at $275. TPS and parole applicants should check the USCIS fee schedule and their category-specific instructions before filing.
Do asylum seekers have to pay to file for asylum in 2026?
USCIS lists a $100 initial Form I-589 fee under HR-1. Separately, USCIS lists a $102 Annual Asylum Fee for FY2026 when it applies to a pending I-589 and USCIS sends a payment notice. Some special exceptions or pauses may apply, including for certain Ms. L. settlement class members. Always check the current USCIS instructions before filing or paying.
What is the 180-day asylum clock and why does it matter?
The 180-day asylum clock tracks how long your asylum case has been pending. You must wait 150 days after filing for asylum before you can apply for a work permit (EAD). USCIS then has up to 30 days to process it, making the total wait 180 days. You can track your asylum clock for free at AsyClock.
Does the fee increase affect TPS holders?
Yes, TPS applicants may be affected by HR-1 fee and validity-period changes. TPS rules are country-specific and can change through Federal Register notices, so check the USCIS TPS page and your country's current designation before filing.
Can I request a fee waiver for my EAD application?
Some applicants may qualify for a fee waiver using Form I-912 for eligible USCIS fees. However, USCIS states that HR-1 fees cannot be waived or reduced, so do not rely on a fee waiver for the asylum applicant EAD HR-1 fee. Talk to an immigration attorney or accredited representative if you are unsure.