As of May 29, 2026, the U.S. immigration system has entered a new and consequential chapter for asylum seekers.
USCIS has begun rejecting pending Form I-589 asylum applications for applicants who fail to pay the Annual Asylum Fee (AAF).
The enforcement action, codified in an interim final rule published in the Federal Register on April 29, 2026, marks the first time that a pending immigration application can be terminated solely for non-payment of a recurring annual fee.
What Is the Annual Asylum Fee?
The Annual Asylum Fee is a new $102 yearly charge mandated by H.R. 1, the reconciliation legislation signed into law in 2025.
Also known as the "One Big Beautiful Bill Act," the law
created new fees to increase funding for immigration enforcement operations and ensure aliens pay for immigration services.
Any alien who filed or files a Form I-589 after October 1, 2024, that remains pending with USCIS for 365 days must pay the AAF as of the one-year anniversary of his or her filing date and each year thereafter that the 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.
Critically,
it is not possible to apply for a fee waiver
for the AAF, and
DHS must increase the fees each year based on inflation.
The Consequences: Rejection, Revocation, and Removal
The interim final rule imposes a cascading series of penalties for non-payment that immigration attorneys are calling some of the most severe procedural consequences ever attached to a pending asylum case.
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 downstream effects are equally devastating.
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.
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. For applicants who have been waiting years for adjudication, this could be devastating.
How Payment Works — and Where Confusion Arises
USCIS will issue personal notices to aliens when their annual asylum fee is due, which will include the amount of the fee, when it must be paid, how the fee must be paid, and the consequences of failing to pay.
Payment must be made online through the USCIS portal, and
the fee is charged per application — meaning a single applicant and a family of four would pay the same annual fee of $102.
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, the notification process has been far from seamless.
Some people report that they never received a notice, and only learned that their fee was due by checking online.
Immigrant advocates and legal aid organizations have already 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 before these policies are implemented, it could leave otherwise compliant people vulnerable to irreversible penalties.
A Turbulent Legal History
The AAF has already weathered significant legal challenges.
The lawsuit, ASAP v. USCIS, was filed in the District of Maryland
in October 2025.
The judge granted in part ASAP's Motion for a Preliminary Injunction and temporarily stayed the USCIS Federal Register Notice and the EOIR memo implementing the annual asylum fee.
However,
on February 2, 2026, the judge granted the government's Motion to Lift the Stay and denied ASAP's Motion for a Preliminary Injunction.
The court concluded that the inconsistency that justified the earlier stay no longer existed, following EOIR's issuance of a new policy memorandum on January 2, 2026, which aligned their policy with USCIS guidance.
With the stay lifted, the April 29, 2026, interim final rule now codifies formal enforcement consequences — giving the fee regime its sharpest teeth yet.
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.
Limited Exception: Ms. L. Settlement Class Members
One narrow exception currently exists.
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 (QAFMs) as of February 5, 2026, pursuant to a decision issued in Ms. L. v. ICE in the Southern District of California.
This exemption covers families separated at the U.S.-Mexico border between 2017 and 2021.
The Department does not concur with this decision and is evaluating its options.
Additional Rule Changes Taking Effect
The May 29 interim final rule also implements other significant H.R. 1 provisions:
-
USCIS will now keep the filing fee for Form I-589 if the agency rejects the form as improperly filed.
-
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 rule establishes a minimum $24 fee to file Form I-102, in addition to other required fees.
What Asylum Applicants Should Do Right Now
Immigration practitioners across the country are urging immediate action for anyone with a pending asylum application.
While all non-US citizens 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.
Key steps include:
1. Check all mail, email, and your USCIS online account immediately for any fee notices or correspondence.
2. Verify whether your fee is due by visiting the USCIS Annual Asylum Fee payment portal, even if you have not received a notice.
3. Pay promptly if the fee is due —
there is no grace period beyond the 30-day window under the interim final rule.
4. Update your address with USCIS if you have moved, to ensure you receive future notices.
5. Consult an immigration attorney if you are unsure whether the fee applies to your case or if you have received conflicting information.
Public Comment Period Open Through June 29
This interim final rule is effective May 29, 2026, and DHS invites public comment on all aspects of it; written comments must be submitted on or before June 29, 2026.
Importantly, the rule is already in effect during the comment period — public comments may shape future amendments but will not delay current enforcement.
Most asylum-seekers are trying to follow the rules, maintain legal status, and work lawfully while their cases move through an already backlogged immigration system.
Whether this new fee enforcement mechanism achieves its stated goals — or instead creates a procedural trap for vulnerable applicants navigating a complex system — will be closely watched by advocates, courts, and Congress alike.
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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 about your obligations under the new Annual Asylum Fee requirement, consult a qualified immigration attorney immediately.