The enforcement clock is now ticking for hundreds of thousands of asylum seekers across the United States.
The Department of Homeland Security (DHS) has issued an interim final rule to implement immigration fees and requirements from the H.R. 1 Reconciliation Act of 2025, known as the One Big Beautiful Bill Act (OBBBA).
As of May 29, 2026, USCIS will reject pending Form I-589 asylum applications for applicants who fail to pay the Annual Asylum Fee (AAF).
The consequences of non-compliance are severe and immediate — and immigration advocates are sounding the alarm that administrative failures could sweep up even those who intend to follow the law.
What Is the Annual Asylum Fee?
On July 22, 2025, USCIS published a Federal Register notice implementing a filing fee for Form I-589, Application for Asylum and for Withholding of Removal, and an Annual Asylum Fee (AAF) to be paid each calendar year an asylum application remains pending.
President Donald Trump signed the underlying legislation into law on July 4, 2025.
Under the OBBBA, the Executive Office for Immigration Review (EOIR) is required to increase its OBBBA fees every year to keep up with inflation, which included increasing the annual fee for pending asylum applications from $100 to $102, effective February 1, 2026.
Congress explicitly stated that the fee applies for each calendar year the application "remains pending," and it is non-waivable — unlike many other immigration fees, there is no poverty-based or other waiver available, even for applicants who arrived with nothing and have no income.
The government will only charge one annual asylum fee per asylum application (Form I-589) that was submitted. For example, if a single asylum application includes a family of four, the overall fee would be $102.
The government says it will not charge the annual asylum fee for applications that have been pending for less than one year. If an application has already been pending for more than one year, the government will charge a maximum of $102, which will cover all previous years that the application has been pending, with no additional fees for past years.
The Enforcement Mechanism: What Happens If You Don't Pay
The interim final rule establishes that if an alien does not pay the AAF within 30 days of notification, USCIS will reject their pending asylum application.
If an alien does not have legal status in the U.S., USCIS will also initiate the alien's removal.
The cascade of consequences does not stop there.
USCIS will deny any pending Form I-765, Application for Employment Authorization, based on the asylum application, and aliens who were approved to work based on the pending application will lose work authorization immediately.
The interim final rule also provides that the fee will be retained even when the asylum application is rejected.
In practical terms, this means applicants who previously paid the I-589 filing fee will not get that money back if their case is subsequently rejected for AAF non-payment.
There is no automatic second notice, no built-in grace period, and for most applicants no fee waiver. The 30-day clock starts when USCIS sends the notice, not when the applicant opens the envelope
— a critical distinction that makes keeping current address information on file with USCIS essential.
Notification Concerns: A System Under Strain
Perhaps the most pressing concern raised by legal advocates is whether asylum seekers will actually receive the payment notices that trigger the 30-day deadline.
Immigrant advocates and legal aid organizations have already raised concerns about inconsistent notifications, lost mail, outdated address records, and confusion around the payment process. If these administrative and communication challenges are not corrected, they could leave otherwise compliant people vulnerable to irreversible penalties.
Some people have not received a notice and only learned that their fee was due by checking the USCIS website.
Critics call the move "deportation by invoice," warning that low-income asylum seekers may miss a notice due to language barriers or frequent address changes.
When enforcement carries consequences as serious as losing work authorization or facing removal proceedings, even small communication failures can cause individuals who are trying to comply with the law to fall out of status because of technical or bureaucratic breakdowns outside their control.
Applicants should receive their notice by mail or in their USCIS online account 30 to 60 days before the payment deadline and remain responsible for the fee even if they do not receive a notice, as would be the case if their address is not up to date in USCIS records.
Broader Context: An Unprecedented Fee Regime
This is the first time in the history of the United States that asylum seekers have had to pay fees related to their applications. The U.S. is now one of the only countries in the world to impose fees on asylum seekers.
An asylum seeker who requests at least one work permit and waits five years to obtain a decision on their asylum claim in the heavily backlogged immigration system is estimated to pay at least $1,150 in filing fees under H.R. 1, compared to $0 before the bill's enactment. The new fees place the burden of the backlogged immigration system on the applicants themselves.
The rule also extends beyond asylum fees.
The interim final rule also limits work authorization and any associated employment authorization document under Temporary Protected Status to one year or the remaining period of designation, whichever is shorter.
Legal Challenges and Exemptions
The AAF has already survived one legal challenge.
On October 3, 2025, the Asylum Seeker Advocacy Project (ASAP) asked a federal judge to stop USCIS and EOIR from dismissing or denying asylum applications based on the annual asylum fee requirement. The lawsuit, ASAP v. USCIS, was filed in the District of Maryland.
On October 30, 2025, the judge granted ASAP's Motion for a Preliminary Injunction in part, temporarily pausing the government's implementation of the annual asylum fee. However, on February 2, 2026, the judge ended this pause.
One narrow exemption exists.
USCIS is pausing the collection of certain fees required by HR-1 from Ms. L. Settlement Class members and their Qualifying Additional Family Members (QAFMs) as of February 5, 2026, pursuant to a decision issued in Ms. L. v. ICE, 18-cv-00428 (S.D. Cal.).
The Department does not concur with this decision and is evaluating its options.
DHS has opened a public comment period on this interim final rule through June 29, 2026. While advocacy organizations and immigration attorneys are submitting comments challenging the rule, it remains fully in effect and enforceable unless a court issues an injunction.
What Asylum Applicants Should Do Now
Immigration attorneys nationwide are urging immediate action. Here are the critical steps for anyone with a pending asylum application:
1. Update your address immediately.
If you have moved since filing, update your address using Form AR-11 immediately and confirm the change in your USCIS online account.
2. Check whether your fee is due.
You might receive this notice by mail or in your USCIS account. If you have not received a notice and your asylum application is pending with USCIS, you should check the USCIS payment website to determine whether your fee is owed.
3. Pay proactively if possible.
We do not know what will happen in practice after May 29. If your USCIS asylum case is still open, it is likely safer to pay the annual asylum fee as soon as possible if you can.
4. Document everything. Keep copies of all payment receipts, Payment Tracking IDs, and any correspondence from USCIS.
5. Consult an immigration attorney. Given the severity of the consequences, professional legal guidance is strongly recommended for anyone navigating this new requirement.
Impact on Employers
The ripple effects extend beyond individual asylum seekers.
The rule ties EAD renewals to the Annual Asylum Fee. If the fee is unpaid, USCIS can revoke or refuse to renew an asylum-based work permit, which means losing the ability to lawfully work and often the driver's license that depends on a valid EAD.
Employers who rely on asylum-based workers should proactively communicate about the new requirements to avoid sudden disruptions in workforce authorization.
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The enforcement of the Annual Asylum Fee marks a fundamental shift in how the United States manages pending asylum cases. With nearly two million cases in the backlog and a 30-day payment window that begins when USCIS mails a notice — not when it arrives — the margin for error is dangerously thin. Applicants and their attorneys should treat this as one of the most consequential deadlines on their immigration calendars.