On April 29, 2026, the Department of Homeland Security published an interim final rule (IFR) in the Federal Register that formally codifies a sweeping set of immigration fee provisions mandated by the One Big Beautiful Bill Act (H.R. 1).
The rule took effect on May 29, 2026
, and
public comments are being accepted through June 29, 2026
.
The IFR amends USCIS regulations to codify the asylum and annual asylum fees, including the 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 for every application.
Background: From Legislation to Regulation
The One Big Beautiful Bill Act was signed into law on July 4, 2025. The legislation was a comprehensive package that changed many areas of federal law, including establishing new immigration fees and increasing existing fees for certain immigration-related actions.
H.R. 1 created new fees to increase funding for immigration enforcement operations and ensure that noncitizens pay for immigration services.
While USCIS began implementing some fees shortly after the law's enactment —
publishing a Federal Register notice on July 22, 2025, 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
— the new IFR formally writes these requirements into the Code of Federal Regulations for the first time.
Key Provisions of the Interim Final Rule
Annual Asylum Fee and Consequences for Nonpayment
Perhaps the most consequential aspect of the new rule is the codification of strict penalties for failing to pay the Annual Asylum Fee.
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.
For fiscal year 2026, the AAF 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, and it is not a one-time payment — it is an annual fee, meaning asylum applicants will be required to pay it each fiscal year that their application remains pending before USCIS.
The cascading consequences of nonpayment are severe.
If USCIS rejects an applicant's asylum application, USCIS will deny any pending Form I-765, Application for Employment Authorization, based on the asylum application, and individuals who were approved to work based on the pending application will lose work authorization immediately.
Both the initial $100 asylum filing fee and the annual $100 fee are non-waivable under the statute.
This marks a significant departure from prior practice —
the bill fundamentally altered the costs associated with seeking asylum in the U.S., as previously filing an initial asylum application (Form I-589) was free.
Form I-589 Filing Fee Retention
Under a notable change,
USCIS will now keep the filing fee for Form I-589 if the agency rejects the form as improperly filed.
This means applicants who submit incomplete or deficient applications will not only face rejection but will forfeit the associated filing fee — an outcome that places a premium on accuracy and completeness at the time of filing.
TPS Employment Authorization Limits
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.
The agency had already implemented this H.R. 1 provision and provided public guidance in mid-March 2026.
The IFR now formally codifies this limitation in regulation. This change means TPS holders will need to renew their Employment Authorization Documents (EADs) more frequently, adding both administrative burden and recurring costs.
Form I-94 and I-102 Fee Requirements
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.
USCIS will reject any Form I-102 without the proper filing fee if it is postmarked on or after May 29, 2026.
Impact on Employers
The rule has implications that extend well beyond individual applicants.
Under new 8 CFR 208.7(b)(3), if the Board of Immigration Appeals denies an appeal, a (c)(8) EAD terminates immediately. Under new 8 CFR 208.7(b)(1), upon USCIS rejection of the asylum application — including for AAF nonpayment — the EAD terminates immediately.
Critically for employers,
none of these events change the printed expiration date on the physical EAD card, and none generate notice to the employer.
This creates a compliance gap where an employee's work authorization may have been terminated without any visible change to the documents in their I-9 file.
Scale of the Impact
The rule arrives against the backdrop of an enormous asylum backlog.
USCIS currently has more than 1.4 million pending affirmative asylum claims.
Meanwhile,
at the end of April 2026, out of the total immigration court 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.
Given the years-long timelines for asylum adjudication —
in FY 2022, FY 2023, and FY 2024, the average processing time for asylum applications that received a final decision was 35.5 months, 25.0 months, and 22.8 months, respectively, and DHS reports that an applicant who filed in the first quarter of FY 2025 should expect USCIS to take 765.75 months, or 63 years, to adjudicate their application
— the recurring annual fee could represent a substantial cumulative financial burden.
Public Comment Period and What Comes Next
Although DHS is not codifying a severability provision in the regulatory text, DHS intends for the provisions of this interim final rule to be fully severable.
This means that if any single provision is struck down by a court, the remaining provisions will continue to operate independently.
The rule was published as an interim final rule with a request for comments
— meaning it took effect immediately but remains open to public input. Stakeholders, advocacy organizations, and members of the public can submit comments through the Federal eRulemaking Portal at regulations.gov under
DHS Docket No. USCIS-2026-0133
.
Comments must be submitted in English, and those that will provide the most assistance to USCIS will reference a specific portion of the interim final rule, explain the reason for any recommended change, and include data, information, or authority that support such recommended change.
Practical Takeaways
For asylum applicants, the message is clear: timely payment of both the initial filing fee and the Annual Asylum Fee is now a matter of case survival. Missing a payment deadline can trigger application rejection, loss of employment authorization, and — for those without other lawful status — removal proceedings.
For employers of asylum-based and TPS-based workers, the rule introduces new compliance risks. Internal auditing processes and reverification protocols should be reviewed, particularly for employees holding (c)(8) EADs.
For immigration attorneys, ensuring clients understand the non-waivable nature of these fees and the strict 30-day payment window is essential. Proactive calendaring of fee deadlines and monitoring of USCIS notices should be standard practice moving forward.
The public comment period closes on June 29, 2026. Individuals and organizations wishing to weigh in on the rule should submit comments promptly via regulations.gov.