Budget Law Imposes New "I-94 Fee"
Executive Summary. H.R.1, the "One Big Beautiful Bill Act" signed into law on July 4, 2025, imposes a new fee of at least $24 on "any alien who submits an application for a Form I-94 Arrival/Departure Record." Nonimmigrants are issued an electronic Form I-94 that reflects their class of admission (e.g., F-1, J-1, H-1B, etc.) and duration of admission (e.g. "duration of status" for F and J nonimmigrants, a date-specific period of admission for most other nonimmigrants). The Form I-94 is also one of the documents that nonimmigrants must carry on their person as evidence of "registration" (see NAFSA's page on the requirement to carry a registration document.)
NAFSA note: The budget bill also establishes other immigration fees. See NAFSA's page Budget Law Imposes New Immigration Fees.
Source. H.R.1, the "One Big Beautiful Bill Act" signed into law on July 4, 2025. See TITLE X, Subtitle A, Part I, Section 100008, Form I-94 Fee, One Big Beautiful Bill Act, H.R.1, 119th Cong. (July 4, 2025).
Scope. The law levies the new $24 Form I-94 fee on any individual "who submits an application for a Form I-94 Arrival/Departure Record." It is not clear what is meant by “submits an application,” but this will likely apply to inviduals who enter the United States by land (who already pay a $6 I-94 fee - see 8 CFR 103.7(d)(4)) and to Visa Waiver Program (VWP) entrants (see https://i94.cbp.dhs.gov). But it is unclear if nonimmigrants who enter the United States by air would also have to pay this fee, since the I-94 process is connected to the flight manifest information transmitted from the airline to DHS.
Amount. The initial Form I-94 fee for fiscal year 2025 will be the greater of $24 or "such amount as the Secretary of Homeland Security may establish, by rule." The fee will then be adjusted annually for inflation starting in FY 2026 with reference to the Consumer Price Index. The law does not allow this fee to be reduced or waived.
Collection Mechanism. It is too early to say exactly how the fee will be collected. or when the fee would be collected. During each fiscal year, 20% of fee revenue will be deposited into the "Land Border Inspection Fee Account" and be made available to U.S. Customs and Border Protection (CBP) for processing Forms I-94. The remainder will be deposited into U.S. Treasury's general fund.
Effective Date. The statute is effective as of the date it was signed into law, July 4, 2025, but time will be needed to implement the necessary collection mechanisms.
- A July 22, 2025 USCIS Federal Register notice implements collection of certain (but not all) of the fees effective as of the July 22 publication in the Federal Register. The Federal Register notice published at 90 FR 34511 (July 22, 2025) clarifies, though, that the HR-1 Form I-94 Fee will not be collected as part of the July 22, 2025 notice, stating: "The FORM I-94 FEE required by section 100008 of HR-1 is required from any alien who submits an application for a Form I-94 Arrival/Departure Record. DHS will be issuing guidance on the Form I-94 fee requirements in a future publication."