© Farhad Sethna, Attorney 2025

The Big Beautiful Bill Act has brought with it a host of increased and new fees for immigration. Rather than list all of those fees here one by one, I will recommend that the reader check the appropriate agency website before filing any new applications in order to see what the current fees are before they file the application, so that the application is not rejected because they have enclosed the incorrect fee amount.

 

Some of the key fee changes are as follows:

New fee for asylum seekers: there was no fee for seeking asylum in the past. Now, the initial filing fee is $100.

Even more surprisingly, there is an additional $100 fee that will have to be paid for each year that an asylum application remains pending. How the government can charge this fee when it is responsible for the processing delays and backlogs at the asylum office and the immigration court?!!. Obviously, this delay is not being caused by the applicant.

The initial asylum application in employment authorization document fee has exploded from no fee, to a fee of $550!

There are only two fee decreases in the Big Beautiful Bill. These are the fees for an asylum-based EAD renewal and extension, and the fees for the TPS based TPS renewal and extension, which have both dropped to $275. The act also defines when an EAD based on these categories will expire.  This section of the Bill is crucial for immigrants who have EAD’s.

The TPS fee has jumped from $50 by an increase of 10 times, to $500!

The fee for a parole application has increased to $1000, with 10 separate possible exceptions.

Special immigrant juveniles, a class which was especially vulnerable, never paid a filing fee in the past. Now, the filing fee has been set at $250.

There is an increase of $250 to the non-immigrant visa fee, in addition to whatever other visa charges were previously being levied by the US Consulate in the respective applicant’s country. That $250 may be returned to the alien if the alien meets certain conditions. Good luck with claiming a refund!

 

Additional fees based on applications to the USCIS:

Adjustment of status (“green card”) filing fees have increased slightly to $1500.

TPS application fees filed with the immigration court have ballooned from $50 to $500, a tenfold increase!

BIA appeals have gone through the roof! The filing fee to the BIA from a decision of an immigration judge or from a decision of the USCIS or DHS was previously $110. That filing fee has now sky-rocketed to $900.

Likewise, motions to reopen or motions to reconsider filed with the immigration court or the BIA have gone up from zero or $145 to an incredible $900.

Cancellation of removal applications probably see the highest percentage increase in the entire gamut. Cancellation of removal applications for permanent residents have increased from $130 to $600. However, filing fees for cancellation of removal applications for nonpermanent residents, on form E-42B, have increased astronomically from $130 to $1500. Yes, you read that right. A cancellation of removal application will now cost  a whopping $1,500!

 

New fees:

Under the heading of “enforcement related fees”, the Big Beautiful Bill creates two brand-new fees, in absolutely exorbitant amounts.

First, noncitizens who are ordered removed in absentia will need to pay an “apprehension fee” of (hold your breath) $5,000. Yes, you read that right. $5,000 if they are ordered removed in absentia and subsequently ordered arrested by ICE.

 

Recognizing that aliens seeking asylum have substantial sums of money that they carry around with them (that was sarcasm), the Big Beautiful Bill imposes a fee of $5,000 (Yes, once again you have read that right, $5,000) on any alien who is inadmissible and is apprehended between ports of entry when seeking entry into the United States. How an asylum-seeker is expected to pay this kind of money is unimaginable. However, it’s in the Big Beautiful Bill, and that’s another of its many, many ugly parts..

 

Conclusion

Some of these changes may make some sense. Most do not. This is in keeping with the tone and tempo of the immigration enforcement promised by President Trump. We shall see, in the coming weeks and months, how these play out in practice and in court challenges. On the latter, I hold out very little hope, given that the Supreme Court has clearly shown its tendency to support President Trump’s policies without any explanation. For the former, the agencies will have to enact these rules, so it’s critical for an applicant to check the agency websites immediately before filing any application to make sure they have included the correct amount of the filing fee.

 

© Farhad Sethna, Attorney, 2025

Farhad Sethna has practiced law for over 30 years. He was awarded his JD in 1990 and his MBA in 1991, both from the University of Akron. Since 1996, he has also been an adjunct professor of Immigration Law at the University of Akron, School of Law, in Akron, Ohio, where he wrote and continues to use his own immigration textbook. Attorney Sethna is a frequent speaker at Continuing Legal Education and professional development seminars on various immigration-related topics. His practice is limited to immigration and small business. He has won awards for excellence in teaching and for pro-bono service. With offices in Cuyahoga Falls, Ohio, Attorney Sethna represents clients in all types of immigration cases before federal agencies and the immigration courts nationwide. A private pilot, it is Farhad’s goal to fly to each of Ohio’s 88 county airports. Our number is: (330) 384-8000. Please send your general immigration questions to farhad@sethnalaw.com. We will try to answer as many questions as possible.