The Department of Homeland Security has activated one of the most consequential enforcement mechanisms in recent immigration policy:
USCIS will now reject pending Form I-589 asylum applications for aliens who fail to pay the Annual Asylum Fee (AAF) effective May 29, 2026.
The enforcement action stems from an interim final rule published in the Federal Register on April 29, 2026,
implementing immigration fees and requirements from the H.R. 1 Reconciliation Act of 2025, commonly known as the One Big Beautiful Bill Act.
The rule carries immediate legal force and affects potentially millions of individuals with pending asylum claims across the United States.
What the Rule Requires
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). 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 fee must be paid within 30 days of receiving notification from USCIS. There is no grace period beyond that 30-day window under the interim final rule.
Critically,
it is not possible to apply for a fee waiver.
Congress explicitly stated that the fee is non-waivable — unlike many other immigration fees, there is no poverty-based or other waiver available, even for applicants who arrived with nothing and have no income.
Consequences of Non-Payment
The enforcement framework outlined in the interim final rule establishes a severe cascade of consequences for those who miss the payment deadline:
1. Rejection of the Asylum Application.
If an alien does not pay the AAF within 30 days of notification, USCIS will reject their pending asylum application.
Rejection results in the termination of the asylum application with USCIS, meaning that USCIS will take no further action on the application. If the alien wishes to reapply for asylum, he or she will need to file a new Form I-589, including a new mandatory filing fee.
2. Immediate Loss of Work Authorization.
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.
3. Initiation of Removal Proceedings.
If an alien does not have legal status in the U.S., USCIS will also initiate the alien's removal.
However,
if the alien maintains lawful status, USCIS will not issue a Notice to Appear (NTA) or initiate removal solely based on the AAF nonpayment.
The Scale of Impact
The scope of this enforcement action 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.
In FY 2025, DHS reported over 1.5 million pending affirmative asylum cases with USCIS — the highest pile-up ever for this caseload.
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.
DHS counters that the fee will fund adjudicative resources and discourage frivolous claims.
How the Notice System Works
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. The new, updated notice is supposed to include a new 30-day payment deadline. According to USCIS, applicants will have a new 30-day window to pay before they reject the asylum application and cancel the work permit.
However, there are already troubling reports about the notification process.
Some people report that they never received a notice, and only learned that their fee was due by checking online.
One critical detail:
the clock begins when the notice is mailed, not when it is received.
Family Applications and Fee Structure
The government will charge one annual asylum fee per asylum application (Form I-589) that was submitted. For example, if a single asylum application includes a family of four, the fee would be $102 — not $408. However, if each family member submitted their own asylum application, they would each have to pay a separate $102 fee.
This fee is separate from the $100 that new asylum applicants must pay as part of their initial filing.
The same regulation raises renewal costs for asylum employment authorization documents to $275 and caps Temporary Protected Status (TPS) work cards at one-year validity.
Legal History and Current Status
The annual asylum fee has already survived one legal challenge.
A temporary nationwide pause was issued by a federal court in Maryland in late 2025 due to a lawsuit filed by the Asylum Seeker Advocacy Project (ASAP v. USCIS).
On February 2, 2026, the judge granted the government's Motion to Lift the Stay and denied ASAP's Motion for a Preliminary Injunction. Both USCIS and EOIR are now allowed to charge the annual asylum fee again.
DHS has opened a public comment period on 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.
Additional H.R. 1 Provisions in the Rule
The interim final rule also implements several other fee-related changes:
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USCIS will now keep the filing fee for Form I-589 if the agency rejects the form as improperly filed.
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USCIS is updating regulations limiting the employment authorization period for those under TPS to one year or the remaining TPS designation period, whichever is shorter.
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A new minimum $24 fee to file Form I-102, Application for Replacement/Initial Nonimmigrant Arrival-Departure Document, is established in addition to other required fees.
Employer Implications
The rule also carries significant consequences for U.S. employers.
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.
What Asylum Applicants Should Do Now
Immigration attorneys nationwide are urging immediate action. Based on current guidance, applicants with pending asylum cases should take the following steps:
1. Check mail and USCIS online accounts daily.
Even if you have not received a notice to pay the annual fee, you can check online to learn if your fee is due.
2. Pay proactively if possible.
Even if you have not yet received a notice from USCIS, you can choose to pay the fee proactively if your application has been pending for more than one year. This ensures you are in compliance and avoids any deadline pressure.
3. Confirm your mailing address. Ensure USCIS has your current address on file by filing Form AR-11 if you have moved.
4. Consult an immigration attorney. The consequences of non-payment are severe and potentially irreversible. Legal counsel can help navigate this process and identify whether any exemptions may apply.
5. Save all receipts.
Always save a copy of your payment receipt and Payment Tracking ID.
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The public comment period for this interim final rule runs through June 29, 2026. Comments may be submitted through the Federal Register. If you have a pending asylum application and need guidance on the Annual Asylum Fee, contact a qualified immigration attorney immediately.