The Department of Homeland Security has taken a decisive step in implementing the fee provisions of the One Big Beautiful Bill Act (H.R. 1), publishing an interim final rule that codifies severe consequences for asylum applicants who fail to pay a newly mandated Annual Asylum Fee (AAF).
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 interim final rule is effective May 29, 2026, and implements immigration fees and requirements from the H.R. 1 Reconciliation Act of 2025 (One Big Beautiful Bill Act).
DHS invites public comment on all aspects of this interim final rule; written comments must be submitted on or before June 29, 2026.
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.
For fiscal year 2026, the fee is set at $102 — slightly above the $100 base amount due to an inflation adjustment tied to the Consumer Price Index.
The fee amount started at $100 but is automatically adjusted each fiscal year for inflation using the Consumer Price Index for All Urban Consumers (CPI-U). For FY 2026 it is $102. It will continue to be adjusted annually.
Importantly,
only one fee is required per application. If you have a family of four on a single Form I-589, the total fee is $102, not $408.
Consequences of Non-Payment
The rule leaves little room for ambiguity about what happens when applicants miss the 30-day payment window.
The fee must be paid within 30 days of receiving notification from USCIS. There is no grace period beyond that 30-day window under the interim final rule.
If USCIS rejects an asylum application for non-payment, the cascading consequences are significant:
-
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.
- Applicants without any other lawful immigration status face initiation of removal proceedings.
Unlike many other immigration forms, the government has stated that fee waivers are not available for the Annual Asylum Fee.
The law eliminates waivers for many of these fees, meaning many will be mandatory even for people with dire humanitarian circumstances such as a life-threatening illness.
A Broader Fee Overhaul
The AAF is just one component of a sweeping restructuring of immigration fees under H.R. 1.
H.R. 1 created new fees to increase funding for immigration enforcement operations and ensure aliens pay for immigration services.
For the first time asylum applicants must not only pay a fee to apply for asylum—set at $100—but an additional $100 fee every year the application is pending adjudication.
An asylum seeker who requests at least one work permit and waits 5 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 interim final rule also addresses other H.R. 1 requirements:
USCIS is updating regulations limiting the employment authorization period for those under Temporary Protected Status (TPS) to one year or the remaining TPS designation period, whichever is shorter.
Additionally,
the rule establishes a minimum $24 fee to file Form I-102, Application for Replacement/Initial Nonimmigrant Arrival-Departure Document, in addition to other required fees.
The Backlog Context
The new fee requirement takes on heightened significance when viewed against the staggering backlog in the U.S. immigration system.
At the end of April 2026, out of the total backlog of 3,267,302 cases, 2,322,467 immigrants have already filed formal asylum applications and are now waiting for asylum hearings or decisions in Immigration Court.
More than 3.3 million cases remain pending. Analysts estimate that, even at the current pace, it could take well over a decade to clear the existing docket.
The new fees place the burden of the backlogged immigration system on the applicants themselves.
Critics argue that charging applicants annually for a system delay they did not create is fundamentally inequitable.
Legal Challenges and Litigation History
The AAF has already faced significant legal scrutiny.
On October 3, 2025, ASAP members filed a lawsuit. On October 7, 2025, ASAP members filed a Motion for a Preliminary Injunction.
The court granted ASAP's motion as to its challenge under the APA. It held that the plaintiffs were likely to succeed on the merits that USCIS and EOIR acted arbitrarily and capriciously by adopting divergent and inconsistent policies concerning the AAF. Accordingly, the court issued a temporary stay of both the USCIS Federal Register Notice and the EOIR July 17 Memo.
However, on February 2, 2026, the judge ended this pause. Now, both USCIS and EOIR can charge the annual asylum fee again.
The new interim final rule appears designed to codify clearer enforcement mechanisms — and consequences — going forward, potentially addressing some of the procedural inconsistencies that fueled the earlier litigation.
What Asylum Applicants Should Do Now
While all non-US citizens of the United States (including green card holders and other non-immigrant visa holders) are required to update USCIS of their US address changes within 10 days of the change, it is vitally important for asylum applicants to do so to ensure that they receive the annual asylum fee notices so that they can pay timely without jeopardizing their applications.
Immigration attorneys across the country are urging applicants to take the following steps immediately:
1. Update your address with USCIS — File Form AR-11 if you have moved recently.
Some people report that they never received a notice, and only learned that their fee was due by checking online.
2. Monitor your USCIS online account —
USCIS says that, on or after May 29, 2026, they will send new notices to people who have not paid the annual asylum fee yet.
The new, updated notice is supposed to include a new 30-day payment deadline. According to USCIS, you will have a new 30-day window to pay before they reject your asylum application and cancel your work permit.
3. Pay promptly — The $102 fee can be paid online through the USCIS payment portal.
4. Keep records — Retain copies of all payment receipts and correspondence with USCIS.
5. Consult with an immigration attorney — Given the severe and immediate consequences of non-payment, professional guidance is strongly recommended.
Limited Exemptions
USCIS is pausing the collection of certain fees required by Pub. L. 119-21 ("HR-1") from Ms. L. Settlement Class members and their Qualifying Additional Family Members (QAFMs).
This exemption applies to families separated at the U.S.-Mexico border during a specific period, but outside of this narrow class, the fee applies broadly.
Public Comment Period
The rule is already in effect, but
written comments must be submitted on this interim final rule on or before June 29, 2026.
Stakeholders, advocacy organizations, and affected individuals are encouraged to submit comments through the Federal Register.
If you submit a comment, you must include the agency name (U.S. Citizenship and Immigration Services) and the DHS Docket No. USCIS-2026-0133 for this interim final rule.
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This article is provided for informational purposes only and does not constitute legal advice. Individuals with pending asylum applications should consult with a qualified immigration attorney regarding their specific circumstances.