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DHS FOIA Fee Change — Effective September 1, 2026

  • visa code
  • 2 hours ago
  • 2 min read

Beginning September 1, DHS is expected to begin actively applying its existing FOIA fee schedule to certain records requests, including administrative files processed through USCIS and IDENT biometric records processed through OBIM.

The important point: this is not a flat FOIA fee. Charges are calculated under the existing DHS fee structure in 6 C.F.R. § 5.11.


This can be found here.



For individual requesters:


  • Search fees:– Managerial: $10.25 per 15 minutes– Professional: $7.00 per 15 minutes– Clerical/Administrative: $4.00 per 15 minutes

  • Duplication: $0.10 per page

  • Free allowance: first 2 hours of search + first 100 pages of duplication

  • $14 de minimis rule: If the calculated fee after the free allowances is $14 or less, no fee is charged.

  • $25 threshold: A requester is generally treated as agreeing to pay up to $25. If DHS expects the fee to exceed $25, it must notify the requester and obtain agreement before proceeding further.

  • $250 advance payment: DHS may require advance payment when estimated fees exceed $250.


What about late FOIA responses?


If DHS misses the applicable statutory response deadline, search fees generally cannot be charged to an individual requester, although duplication fees may still apply.


Who is most likely to be affected?


Individuals requesting their own immigration records for personal use will generally benefit from the free search and duplication allowances. A routine, low-volume request may therefore remain completely fee-free or fall within the $14 de minimis threshold.


The potential cost becomes more significant where the request involves:


  • Extensive searches

  • Large numbers of records/pages

  • Complex or historical records

  • Multiple DHS components or systems


One important point: the exact scope of "administrative files" in the USCIS context should be confirmed with USCIS FOIA/DHS if the classification of a particular request affects the analysis.


So, this does not mean that every person requesting their immigration file will suddenly receive a large FOIA bill.


For most individual applicants, the existing free allowances remain important.

The change is primarily about DHS actually applying the existing fee framework in the specified categories — not introducing a flat fee for requesting your immigration records.

 
 
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