Quick Hits
- The One Big Beautiful Bill Act (OBBBA) was signed into law on July 4, 2025, introducing significant changes to immigration policy, including new and increased fees for humanitarian-based applications and employment authorizations.
- The legislation imposes a new “visa integrity fee” and raises other travel-related fees, impacting visa applicants and frequent travelers.
- The OBBBA also allocates substantial funding for border security and enforcement, including increased resources for border infrastructure, detention facilities, and Immigration and Customs Enforcement (ICE) operations.
- Employers will face higher administrative burdens and compliance risks due to more frequent I-9 reverification processes and potential workforce disruptions.
Analysis and Impact
New and Increased Fees
The OBBBA introduces new fees and increases existing ones, while reserving the right for the U.S. Department of Homeland Security (DHS) to establish higher fees than those indicated in the law. The OBBBA also requires annual inflation adjustments.
Humanitarian-Based Applications and Employment Authorization–Related Fees
In keeping with President Trump’s campaign promises to curb humanitarian-based immigration, the OBBBA implements various fees for applications related to asylum, parole, and temporary protected status (TPS). Key fee updates are summarized below.
Fee Type | Current Fee | New Fee | Waiver/Reduced Fee? | Notes |
Asylum Application | None | $100 | No | Initial and annual |
Parole Application | Varies: $0–630 | $1,000 | No | |
TPS Application | $80 | $500 | No | |
Initial EAD: Asylum, Parolee, TPS | $0–$520 | $550 | No | Max 1-year validity |
Renewal EAD: Asylum, Parolee, TPS | $0–$520 | $275 | No | Max 1-year validity |
Additionally, the OBBBA introduces new work authorization limits for parolees and TPS holders, who will be limited to receiving employment authorization for the shorter of one year or the duration of the parole/TPS period. This will require individuals to closely monitor employment authorization, coordinate timely renewal, and incur additional fees more frequently. In addition, employers will need to undertake I-9 reverification more frequently.
Visa and Travel-Related Fees
The OBBBA also introduces a “visa integrity fee” of $250 for visa applicants, alongside increases in other travel-related fees. The fee for applying for an I-94 Arrival/Departure Record at a land point of entry will rise from $6 to $24, and may be expanded to additional applicants in the future; the cost for the Electronic System for Travel Authorization (ESTA) will jump from $4 to $13; and the fee for the Electronic Visa Update System (EVUS) applicable to certain Chinese nationals with ten-year B1/B2 visas will increase from $8 to $30.
The visa integrity fee is a new fee that will be paid in addition to the regular visa application fee at the time of the consulate’s visa approval. The initial amount for fiscal year (FY) 2025 will be $250, but it may be increased by the secretary of homeland security and adjusted annually for inflation. The fee will apply to all nonimmigrant visa applications, and no waiver/reduction will be permitted. This more than doubles the cost of petition-based visas (H, L, O, P, Q, R) from $205 to a total of $455.
Reimbursement may be available after the expiration of the nonimmigrant visa validity period if the individual demonstrates compliance with all conditions of the nonimmigrant visa and either: (a) has not sought to extend the period of admission and has departed the United States within five days of the expiration; or (b) was timely granted an extension/adjustment to lawful permanent resident. The OBBBA does not specify how the reimbursement process will work.
Increased Funding for Enforcement
The OBBBA allocates substantial funding to the DHS for border security and enforcement, including tens of billions of dollars for border infrastructure, wall construction, border inspection equipment, and the hiring of Border Patrol agents. Additionally, the law earmarks $45 billion for expanding immigration detention facilities for both adults and families, significantly increasing ICE’s detention budget and capacity. ICE also receives nearly $30 billion for enforcement and deportation operations, as well as the hiring and training of new officers.
Conclusion
The OBBBA will primarily impact individuals seeking humanitarian-based immigration benefits. However, employers are likely to face higher administrative burdens, potential workforce disruptions, and increased compliance risks. The newly shortened employment authorization periods mean that employers will need to conduct reverification processes for parolees and TPS holders more frequently and may face disruptions as applications surge and processing backlogs form. Expanded enforcement funding may also result in more frequent and rigorous worksite inspections and I-9 compliance audits.
For impacted employees, higher fees for asylum, parole, TPS, and related work authorizations pose financial challenges, while new rules increase the risk of abrupt job loss. Additionally, increased travel costs from the new visa integrity fee will affect frequent travelers.
Ogletree Deakins’ Immigration Practice Group will monitor developments with respect to these and other policy changes and will provide updates on the Governmental Affairs and Immigration blogs as additional information becomes available.
This article and more information on how the Trump administration’s actions impact employers can be found on Ogletree Deakins’ New Administration Resource Hub.
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