The Department of Homeland Security has put asylum applicants across the country on notice: pay an annual fee or risk losing your case entirely.
On April 28, 2026, DHS announced an interim final rule, effective May 29, 2026, to implement immigration fees and requirements from the H.R. 1 Reconciliation Act of 2025—commonly known as the One Big Beautiful Bill Act.
The interim final rule codifies certain immigration fees and other provisions required by the Act, amending USCIS regulations to address the asylum and annual asylum fees, consequences of non-payment, the new Form I-94 fee requirement, the validity period for certain types of employment authorization, and the retention of the Form I-589 filing fee.
The rule carries sweeping implications for the estimated millions of asylum seekers whose cases remain mired in a historically overwhelmed system.
The $102 Annual Asylum Fee: How It Works
The Annual Asylum Fee (AAF) is a yearly charge established by H.R. 1, the reconciliation bill signed into law in 2025. 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. This fee applies to all individuals who have a pending Form I-589 (Application for Asylum and for Withholding of Removal), and it is not a one-time payment—it is an annual fee required each fiscal year that an application remains pending before USCIS.
USCIS originally published a Federal Register notice on July 22, 2025, implementing a filing fee for Form I-589 and the AAF to be paid each calendar year an asylum application remains pending.
The new interim final rule goes further by codifying the specific enforcement mechanisms for non-payment.
Severe Consequences for Non-Payment
The heart of this regulation lies in its enforcement teeth.
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 at case rejection.
If USCIS rejects an alien's asylum application, 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.
Critically,
the 30-day clock starts when USCIS sends the notice, not when the applicant opens the envelope
—a distinction that could prove devastating for asylum seekers who have moved, face language barriers, or have unreliable mail delivery.
There is no automatic second notice, no built-in grace period, and for most applicants, no fee waiver.
USCIS has indicated that on or after May 29, 2026, the agency will send new notices to people who have not paid the annual asylum fee yet, and the updated notice is supposed to include a new 30-day payment deadline.
Additional Fee Changes in the Rule
The interim final rule implements several other provisions from H.R. 1:
- Form I-589 filing fee retention:
- TPS employment authorization limits:
- Form I-102 fee:
- EAD renewal costs:
The Scale of Impact
The scope of this rule is enormous.
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, and analysts estimate that, even at the current pace, it could take well over a decade to clear the existing docket.
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. 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.
Legal Challenges and Litigation History
The AAF has already faced legal challenges.
On October 3, 2025, the Asylum Seeker Advocacy Project (ASAP) asked a federal judge to stop USCIS and the Executive Office of Immigration Review from dismissing or denying asylum applications based on the annual asylum fee.
The court granted ASAP's motion in part, holding 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 Memo.
However, on February 2, 2026, the judge ended this pause, and now both USCIS and EOIR can charge the annual asylum fee again.
There is also a limited exemption currently in effect.
USCIS is pausing the collection of certain fees required by H.R. 1 from Ms. L. Settlement Class members and their Qualifying Additional Family Members as of February 5, 2026, pursuant to a court decision.
What Asylum Applicants Should Do Now
Immigration practitioners and advocacy groups are urging affected individuals to take immediate action:
1. Update your address:
If you have moved since filing, update your address using Form AR-11 immediately and confirm the change in your USCIS online account.
2. Budget for the fee:
The annual asylum fee is currently set at $102, and it is not possible to apply for a fee waiver.
3. Monitor your accounts:
Check your online USCIS account in case USCIS sends a payment notice, as some people report that they never received a notice and only learned that their fee was due by checking online.
4. Document everything: Keep copies of all payment receipts and USCIS correspondence, which could prove critical in the event of a dispute.
Employer Implications
The rule also has significant workforce implications.
For employers, the change converts a clerical compliance point into a talent-retention risk. HR teams are being advised to run I-9 audits to identify any employees holding (c)(8) EADs, because those cards can now evaporate with 30 days' notice.
Public Comment Period
This interim final rule is effective May 29, 2026, and DHS invites public comment on all aspects of the rule, with written comments due on or before June 29, 2026.
Comments should be submitted under DHS Docket No. USCIS-2026-0133 through the Federal Register.
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This article is provided for informational purposes only and does not constitute legal advice. If you have a pending asylum application and are concerned about how this rule affects your case, consult with a qualified immigration attorney immediately.