As of May 29, 2026, the stakes for asylum seekers with pending applications in the United States have risen sharply.
The Department of Homeland Security (DHS) has enacted an interim final rule 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 rule formalizes enforcement consequences for applicants who fail to pay the Annual Asylum Fee (AAF) — and those consequences are severe.
What the Rule Requires
USCIS has begun enforcing the Annual Asylum Fee — a $102 yearly charge mandated by H.R. 1, the reconciliation legislation signed into law in 2025.
The 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.
Applicants cannot request a waiver of the AAF.
The 30-Day Clock — and What Happens When It Expires
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 cascading consequences don't 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.
This is not a routine denial — rejection means the case is removed from USCIS's queue entirely. Applicants would need to refile and restart the process from the beginning, potentially losing years of accumulated waiting time and their established filing date.
USCIS has stated it will send a notice to each individual who must pay the AAF. Notices will include the amount of the fee, when and how to pay the fee, and the consequences of non-payment. The agency will also send notices to any representatives of these individuals listed on Form G-28.
Who Must Pay — and Who Is Exempt
Anyone with a pending Form I-589 — regardless of nationality, income, or whether the case is still within the one-year filing window — must pay. Very limited exemptions apply, such as certain family-separation class members.
Only one fee is required per application. If a family of four is covered under a single Form I-589, the total fee is $102, not $408.
Notably,
USCIS is pausing the collection of certain H.R. 1 fees from Ms. L. Settlement Class members and their Qualifying Additional Family Members (QAFMs)
— a carve-out related to the family separation lawsuit involving families apprehended at the U.S.-Mexico border between 2017 and 2021.
Additional Rule Changes
The interim final rule implements several other provisions under H.R. 1:
- Non-refundable filing fees:
- TPS work permit limits:
- Form I-102 fee:
Advocates Sound the Alarm on Notification Failures
While DHS has described the fee as a mechanism to fund adjudicative resources and deter frivolous claims, immigrant advocates and legal aid organizations have responded with deep concern.
Advocates and legal aid organizations have 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 warn it could leave otherwise compliant people vulnerable to irreversible penalties.
Critics have called the move "deportation by invoice," warning that low-income asylum seekers may miss a notice due to language barriers or frequent address changes.
A particularly troubling detail:
USCIS will send a billing notice, and the clock begins when the notice is mailed, not when it is received.
Some people report that they never received a notice, and only learned that their fee was due by checking online.
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.
Ongoing Litigation
The AAF has already faced legal challenge.
On October 3, 2025, the Asylum Seeker Advocacy Project (ASAP) 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 members' 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 can now charge the annual asylum fee again.
The court concluded that the inconsistency that justified the earlier stay no longer exists, following EOIR's issuance of a new policy memorandum on January 2, 2026, which aligned their policy with USCIS guidance.
ASAP has said it is continuing to fight the fee in court.
However,
the rule remains fully in effect and enforceable unless a court issues an injunction.
What Applicants and Employers Should Do Now
For asylum applicants with pending cases, the urgency cannot be overstated. Immigration attorneys across the country are recommending immediate action:
1. Verify your address with USCIS.
It is vitally important for asylum applicants to update their address with USCIS to ensure they receive the annual asylum fee notices so that they can pay timely without jeopardizing their applications.
2. Monitor all communications. Check your physical mail, email, and USCIS online account daily for any fee notices.
3. Pay promptly upon notice.
There is no grace period beyond the 30-day window under the interim final rule.
4. Consult legal counsel. If you are uncertain whether the fee applies to your situation, contact an experienced immigration attorney without delay.
For employers, the implications are equally significant.
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 Open
DHS invites public comment on all aspects of this interim final rule; written comments must be submitted on or before June 29, 2026.
While the comment period remains open, the rule is already in effect — meaning compliance is mandatory regardless of public feedback.
---
This article is for informational purposes only and does not constitute legal advice. If you have a pending asylum application and are affected by these changes, contact a qualified immigration attorney immediately.