Asylum annual fee (2026) — the new $102 USCIS charge explained
Under H.R.1, asylum seekers now pay a $100 Form I-589 filing fee plus a $102 Annual Asylum Fee for each year a case is pending (effective May 29, 2026). What it is, who owes it, how to pay, and what happens if you don't.
Asylum annual fee (2026)
For the first time, asylum in the U.S. carries recurring fees. Under the 2026 reconciliation law (H.R.1), people seeking asylum now pay a filing fee to submit Form I-589 and an Annual Asylum Fee (AAF) for every year their case stays pending. The rules took effect May 29, 2026. This page explains the fees factually — it does not assess anyone’s eligibility for asylum.
The asylum fees at a glance
| Fee | Amount (2026) | When it applies | Waivable? |
|---|---|---|---|
| Form I-589 filing fee | $100 | When you file the asylum application | No |
| Annual Asylum Fee (AAF) | $102 | Each calendar year your I-589 stays pending | No |
The AAF’s statutory base is $100; USCIS applied a 2.70% inflation adjustment (CPI-U) for FY2026, bringing the current amount to $102. Both fees are non-waivable — there is no fee waiver.
Who owes the Annual Asylum Fee
Anyone with a pending Form I-589 owes the AAF for each calendar year the application remains pending, starting with the period that began May 29, 2026. If your asylum case is still open, the fee recurs annually until the case is decided.
What happens if you don’t pay
USCIS has stated that if the fee is not paid on time, it will:
- Reject your pending Form I-589 (asylum application),
- Deny any pending Form I-765 (work permit / EAD) based on the asylum application, and
- Cancel existing work authorization for those approved to work based on that pending application.
In short: missing the fee can cost you both your asylum case and your ability to work. Pay on time through your USCIS account.
How to pay
- Log in to your USCIS online account at my.uscis.gov.
- Open the “Annual Asylum Fee” section.
- Pay the AAF and save the confirmation.
- Beware of scams — USCIS collects the fee only through its official site. No legitimate party will call or text you to “collect” it elsewhere.
This rule is still open for public comment
The fee was issued as an interim final rule (published in the Federal Register on April 29, 2026, effective May 29, 2026). DHS is accepting public comments through June 29, 2026 at regulations.gov, referencing the rule’s docket. The amounts and procedures could change through that process or through litigation — verify the current rule before relying on it.
Related information
- Form I-589 — asylum application
- Form I-765 — work permit (EAD)
- Immigration policy changes (Federal Register)
- BIA-recognized free legal help by state
- Find an immigration attorney
Official sources: USCIS — DHS announces consequences for unpaid annual asylum fees · Federal Register rule 2026-08333
Last verified: 2026-06-04.
General procedural information, not legal advice. Asylum fees and procedures are new, under public comment, and subject to litigation; amounts may change. Verify the current rule with USCIS and consult a licensed immigration attorney or BIA-recognized representative about your case.
Frequently asked questions
How much is the asylum annual fee in 2026?
Who has to pay the Annual Asylum Fee?
What happens if I don't pay the annual asylum fee?
How do I pay the asylum annual fee?
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General information, not legal advice. MigrantUSA is an independent publisher and is not a law firm; using this site does not create an attorney-client relationship, and this content is not a substitute for advice from a licensed attorney about your specific situation. US federal, state, and local government procedures, fees, and forms change. Always verify current details directly with the relevant agency before acting. For immigration, tax, or other legal matters specific to your situation, consult a licensed attorney or BIA-accredited representative.