As of May 29, 2026, the Department of Homeland Security (DHS) has begun enforcing one of the most consequential procedural changes to the U.S. asylum system in recent memory.
An interim final rule implementing immigration fee provisions from the H.R. 1 Reconciliation Act of 2025 — commonly known as the One Big Beautiful Bill Act — is now in effect
, introducing a strict enforcement framework for the Annual Asylum Fee (AAF) that could upend pending cases for hundreds of thousands of asylum seekers across the country.
What the New Rule Requires
The rule enforces the Annual Asylum Fee — a $102 yearly charge mandated by H.R. 1, the reconciliation legislation signed into law in 2025.
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, meaning asylum applicants will be required to pay it each fiscal year that their application remains pending before USCIS.
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.
Fee waivers are not available for the Annual Asylum Fee.
USCIS will send a notice to each individual who must pay the AAF, and notices will include the amount of the fee, when and how to pay it, and the consequences of non-payment. USCIS will also send notices to any representatives listed on Form G-28.
Consequences of Non-Payment
The stakes for missing the payment deadline are severe.
The interim final rule establishes that if an applicant does not pay the AAF within 30 days of notification, USCIS will reject their pending asylum application. If an individual does not have legal status in the U.S., USCIS will also initiate removal proceedings.
Beyond the rejection of the asylum case itself,
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.
There is no grace period beyond the 30-day window under the interim final rule.
In practical terms, this means a single missed payment — whether due to financial hardship, an overlooked notice, or a mail delivery issue — could trigger a cascade of life-altering consequences.
A Troubled Notification Process
Perhaps the most alarming aspect of this new enforcement regime is the concern surrounding the notification system itself.
Immigrant advocates and legal aid organizations have already raised concerns about inconsistent notifications, lost mail, outdated address records, and confusion around the payment process, warning that if these administrative and communication challenges are not corrected, it could leave otherwise compliant people vulnerable to irreversible penalties.
Some people report that they never received a notice, and only learned that their fee was due by checking online.
The Asylum Seeker Advocacy Project (ASAP), which has been engaged in active litigation challenging the fee, advises applicants to proactively check the USCIS payment portal regularly.
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.
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.
Timing and New Notices After May 29
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, and the new, updated notice is supposed to include a new 30-day payment deadline.
However, uncertainty remains about how this process will work in practice.
ASAP notes that it does not know what will happen in practice after May 29 and recommends that applicants pay the annual asylum fee as soon as possible.
Ongoing Litigation
The AAF has already been the subject of federal court battles.
On October 3, 2025, the Asylum Seeker Advocacy Project asked a federal judge to stop USCIS and the Executive Office of Immigration Review (EOIR) from dismissing or denying asylum applications based on the new 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, and both USCIS and EOIR are now allowed to charge the annual asylum fee again.
Separately,
USCIS is pausing the collection of certain H.R. 1 fees 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. The Department does not concur with this decision and is evaluating its options.
Additional Changes in the Rule
The interim final rule also implements several other provisions from the One Big Beautiful Bill Act:
- Form I-589 filing fee retention:
- TPS employment authorization limits:
- Form I-102 fee:
Impact on Employers
The new rule carries implications beyond individual asylum seekers.
HR teams are advised to audit I-9 files for any staff whose Employment Authorization Documents (EADs) are based on pending I-589s and to flag the new compliance risk.
Employers should ensure, to the extent possible, that any employees with pending asylum cases are aware of the May 29 effective date, remind affected employees to check their mail and online USCIS accounts frequently for fee notices, and confirm that they have paid the AAF and kept their receipt to prevent a lapse in their right to work.
What Asylum Applicants Should Do Now
Immigration attorneys across the country are urging immediate action for anyone with a pending asylum application:
1. Check all mail, email, and your USCIS online account immediately for any fee notices.
Some applicants have not received a notice and only learned their fee is due by checking online. Applicants should check the USCIS payment website weekly once their application has been pending for more than one year.
2. Pay the $102 fee promptly if a notice has been received or if the online portal shows payment is due.
USCIS requires the AAF to be paid online through the agency's electronic fee payment system.
3. Update your address with USCIS using the AR-11 form.
It is vitally important for asylum applicants to update their address to ensure that they receive the annual asylum fee notices so that they can pay timely without jeopardizing their applications.
4. Document every payment and USCIS interaction. Keep copies of receipts, payment tracking IDs, and any written communication with USCIS.
5. Consult an immigration attorney if you are unsure whether you owe the fee or how to pay it.
Public Comment Period Still Open
DHS is accepting written comments on all aspects of 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.
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This article is for informational purposes only and does not constitute legal advice. If you have a pending asylum application and are unsure how this rule affects your case, contact a qualified immigration attorney immediately.