Asylum annual fee (2026)
For the first time, asylum in the U.S. carries recurring fees. Under the 2025 reconciliation law (H.R.1, Public Law 119-21, signed July 4, 2025), 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. USCIS began requiring these fees through a Federal Register notice published July 22, 2025 (FR 2025-13738); an interim final rule effective May 29, 2026 (FR 2026-08333) codified them and set consequences for non-payment. This page explains the fees factually — it does not assess anyone’s eligibility for asylum.
UPDATE (July 21, 2026): A federal court in Massachusetts (Venez. Ass’n of Mass. v. USCIS, 26-cv-13038, D. Mass.) administratively stayed several enforcement policies tied to the annual asylum fee — rejecting a Form I-589 for non-payment, terminating work authorization for non-payment, and starting removal solely for non-payment — along with applying H.R.1 to previously-extended TPS-based EAD expiration dates. The fee itself is not stayed: anyone who received a USCIS notice must still pay it according to the notice’s instructions. The court heard arguments on July 30, 2026 and ruled on August 5, 2026 — see the next update. Source: USCIS alert — Court issues administrative stay of certain USCIS policies.
UPDATE (August 5-6, 2026): The court ruled on August 5 and split the case. Stayed nationwide while the litigation proceeds (under 5 U.S.C. § 705): the rule provisions letting USCIS reject a pending Form I-589 and initiate removal solely for failure to pay the AAF — the court found those consequences are not required by H.R.1 itself and likely required notice-and-comment rulemaking. Denied: the challenge to H.R.1’s one-year cap on TPS-based EADs — the cap stands, including as applied to previously-issued 540-day automatic extensions (El Salvador, Sudan and Ukraine TPS), which no longer keep their prior expiration dates. The fee itself remains payable — keep following your USCIS notice. Published summaries of the order do not list the work-authorization-termination provision among the stayed items, so verify current USCIS guidance on that point; USCIS’s alert page had not been updated as of August 7. The plaintiffs filed a notice of appeal to the First Circuit on August 6, 2026. Source: case docket, CourtListener.
The asylum fees at a glance
| Fee | Amount (FY2027, from October 16, 2026) | When it applies | Waivable? |
|---|---|---|---|
| Form I-589 filing fee | $100 | When you file the asylum application | No |
| Annual Asylum Fee (AAF) | $105 | Each calendar year your I-589 stays pending | No |
The AAF’s statutory base is $100; USCIS adjusts it for inflation every fiscal year (CPI-U, rounded down to the dollar). It was $102 in FY2026; the FY2027 adjustment (+3.36%, FR 2026-20187) makes the current amount $105 for filings postmarked on or after October 16, 2026. Both fees are non-waivable — there is no fee waiver.
If the asylum case is in immigration court: EOIR’s fees page says the Immigration Judge or the Board of Immigration Appeals issues a written order about paying the AAF, and that it is paid through the EOIR Payment Portal. EOIR’s notice of September 29, 2026 (FR 2026-19841) sets the Annual Asylum Fee paid to EOIR at $105 for filings on or after October 1, 2026 ($102 through September 30, 2026). That notice covers EOIR filings only; the USCIS side moved separately: DHS’s FY2027 notice (FR 2026-20187, published October 1, 2026) raised the USCIS Annual Asylum Fee from $102 to $105 for filings postmarked on or after October 16, 2026.
Who owes the Annual Asylum Fee
Anyone with a pending Form I-589 owes the AAF for each calendar year the application remains pending. This is not limited to new filings: under the July 22, 2025 notice (FR 2025-13738), an I-589 filed with USCIS on or before October 1, 2024 and still pending on September 30, 2025 owed the fiscal-year-2025 fee and owes it again each September 30 it remains pending; an I-589 filed after October 1, 2024 owes the fee on each one-year anniversary of its filing date while it remains pending. No AAF is charged for years before fiscal year 2025. If your asylum case is still open, the fee recurs annually until the case is decided.
What happens if you don’t pay
Before July 21, 2026, USCIS said that if the fee is not paid on time, it would:
- 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.
On July 21, 2026, a federal court in Massachusetts administratively stayed several of these enforcement steps. As the USCIS alert lists them, the court paused:
- Application of H.R.1 to TPS-based EAD expiration deadlines — any TPS-based EAD previously extended keeps its prior expiration date;
- Rejection of asylum applications for failure to pay the AAF;
- Termination of work authorization as a result of failing to pay the AAF; and
- Initiation of removal procedures based solely on failure to pay the AAF.
What continues: The court’s order expressly allows USCIS to keep collecting the AAF — anyone who received (or receives) a USCIS notice about the fee must still pay it according to that notice’s instructions. All other fees and requirements of H.R.1 remain in effect. On August 5, 2026 the court replaced the administrative stay with a longer-term ruling: items 2 and 4 (rejection and removal) stay blocked nationwide while the case proceeds; item 1 (the TPS-EAD protection) ended — the one-year cap now applies; and published summaries do not list item 3 (work-authorization termination) among the stayed provisions, so verify current USCIS guidance on that point. The plaintiffs appealed to the First Circuit on August 6, 2026.
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.
The public comment period has closed
The fee’s administration and non-payment consequences were codified in an interim final rule (published in the Federal Register on April 29, 2026, effective May 29, 2026; DHS Docket No. USCIS-2026-0133). DHS accepted public comments through June 29, 2026 — that window is closed. The amounts and procedures can still change through that rulemaking process or through litigation, so 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: 2026-09-24.
General procedural information, not legal advice. Asylum fees and procedures are new and subject to litigation and further rulemaking; amounts may change. Verify the current rule with USCIS and consult a licensed immigration attorney or BIA-recognized representative about your case.