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Important Update: USCIS Enforces Non-Waivable Immigration Fees Under H.R.-1

Important Update: USCIS Enforces Non-Waivable Immigration Fees Under H.R.-1

On July 4, 2025, President Biden signed into law The One Big Beautiful Bill Act (H.R.-1)—a sweeping reconciliation bill that directly impacts U.S. immigration fees. Effective August 21, 2025, the U.S. Citizenship and Immigration Services (USCIS) will reject any benefit request—whether submitted by mail or online—that does not include the new mandatory fees outlined in H.R.-1.

For clients and applicants relying on fee waivers, this change marks a critical shift: the new fees are not eligible for fee waivers under any circumstances.

What Does This Mean?

USCIS’s Policy Alert PA-2025-18 formally codifies the enforcement of these additional fees. These are cumulative and must be paid in addition to existing application or petition fees.

As per the updated USCIS Policy Manual, the agency will determine the correct fees and form versions based on postmark dates (for USPS mail) or shipping label dates (for commercial couriers). The received date—when the USCIS actually takes possession of your submission—will continue to govern regulatory and statutory deadlines, including priority dates.

Key Policy Highlights from USCIS:

  • Mandatory New Fees: No portion of the H.R.-1 fees can be waived or reduced.
  • Fee Waiver Limitations: Applicants may still seek waivers for preexisting DHS fees, provided they meet criteria under 8 CFR 106.3.
  • Strict Rejection Policy: Forms postmarked or submitted electronically on or after August 21, 2025, without H.R.-1 fees will be rejected outright.
  • Submission Date Clarifications:
    • USPS submissions: Postmark date determines version/fees.
    • Commercial couriers: Shipping label date is used, or, if undated, USCIS assumes mailing date to be 10 days prior to receipt.
    • Online filings: Date of submission via myUSCIS is the official received date.

Impact on Foreign Nationals, Visa Holders, and Investors

At Ahluwalia Law Offices, we advise all current and prospective clients to immediately verify the fee schedules associated with their applications. This policy shift disproportionately impacts:

  • Employment-based petitioners (EB-2, EB-5, and NIW applicants)
  • H-1B and L-1 visa holders seeking adjustments or renewals
  • Foreign investors filing I-526/I-829
  • Students and humanitarian applicants seeking affordability through fee waivers

The policy emphasizes USCIS’s strict adherence to statutory deadlines and completeness of filings, reinforcing the importance of accurate fee payment and proper submission methods.

Next Steps for Applicants

  1. Check the Latest Fee Tables: Refer to USCIS.gov and the Federal Register Notice (90 FR 34511) dated July 22, 2025 for the updated fee amounts.
  2. Avoid Common Pitfalls:
    • Do not use outdated forms.
    • Do not assume waiver eligibility.
    • Do not rely on third-party mail handlers without confirming tracking date accuracy.
  3. Consult Legal Counsel: Navigating form versioning, courier discrepancies, and rejection risks requires experienced immigration counsel.

Trust the Experts

With offices proudly rooted in Texas, Ahluwalia Law Offices has been guiding foreign nationals, professionals, and investors for over a decade. We stand ready to evaluate your case and help you file correctly the first time—saving you time, cost, and uncertainty.

If you are affected by this change, or have a pending or planned application, contact our firm today to schedule a consultation.

DISCLAIMER: This blog is intended solely for general informational and educational purposes. It does not constitute legal advice, nor does it create an attorney-client relationship between the reader and Ahluwalia Law Offices, P.C. The legal information provided herein may not apply to your individual circumstances and is subject to change based on evolving immigration laws and policies.
Readers are strongly encouraged to consult directly with a qualified immigration attorney for guidance tailored to their specific situation. Our front desk staff is not authorized to interpret legal information or provide legal advice beyond what is explicitly stated in this blog. They are also not permitted to assess eligibility, review case details, or respond to case-specific inquiries.
Please note: Due to the high volume of inquiries and the sensitive nature of immigration matters, we cannot respond to questions or requests for legal analysis via phone or email unless a formal consultation has been scheduled. We appreciate your understanding and encourage you to book an appointment with one of our attorneys if you require personalized legal assistance.