New Annual Asylum Fee: What Pending Asylum Applicants Should Know in 2026
Zavala Texas Law
Pending asylum applicants should be aware of a new immigration fee requirement that may affect their case if the fee is not paid on time.
Federal immigration agencies have started implementing an Annual Asylum Fee for certain pending asylum applications. The fee applies to some people with a pending Form I-589, Application for Asylum and for Withholding of Removal. The process depends on whether the asylum application is pending with U.S. Citizenship and Immigration Services, immigration court or the Board of Immigration Appeals.
Because asylum cases can already involve strict deadlines and serious immigration consequences, applicants should review any order, notice or payment instruction related to the Annual Asylum Fee as soon as possible.
What Is the Annual Asylum Fee?
The Annual Asylum Fee is a yearly fee connected to a pending asylum application. It is separate from the initial filing fee for Form I-589. According to EOIR, an applicant whose asylum application has been pending for one year or more on or after Oct. 1, 2025, must pay the Annual Asylum Fee. An application that remains pending for another 365 days after the initial fee was due may be subject to another annual fee. Under the 2025 H.R. 1 reconciliation law, the federal government established new immigration-related fees, including a fee for certain asylum applications and a separate annual fee for asylum applications that remain pending. The Department of Homeland Security later issued rules and guidance explaining how these fees would be implemented for cases handled by USCIS. In practice, this means that some asylum applicants may now be required to pay a fee each year while their asylum application remains pending. The requirement can apply even if the applicant filed the case before the most recent rule took effect, depending on how long the case has been pending and which agency has jurisdiction over the case.
How Much Is the Annual Asylum Fee?
For fiscal year 2026, the Annual Asylum Fee is listed as $102. Applicants should always confirm the current fee before making a payment. Immigration fees can change, and the correct payment amount may depend on the fiscal year, the agency handling the case and the instructions given in the applicant’s official notice or order. Applicants should also be careful not to confuse the Annual Asylum Fee with other immigration fees. There may be separate fees for an initial asylum application, employment authorization based on a pending asylum application, appeals and other filings.
How Will Asylum Applicants Know If the Fee Is Due?
This depends on where the asylum case is pending. For asylum applications pending with USCIS, DHS has said USCIS will send applicants a notice informing them that the Annual Asylum Fee is due. The notice should explain the amount due, how it must be paid, when the fee must be paid, and what may happen if the applicant fails to pay. For cases pending before immigration court or the Board of Immigration Appeals, the Executive Office for Immigration Review has said that an immigration judge or the Board of Immigration Appeals will provide a written order regarding payment of the Annual Asylum Fee. EOIR also states that the fee must be paid through the EOIR Payment Portal. This is an important distinction, as a person with an affirmative asylum case before USCIS may receive a different type of notice than someone whose asylum case is part of removal proceedings in immigration court. Applicants should not assume that another person’s payment instructions apply to their own case.
What Happens If the Annual Asylum Fee Is Not Paid?
For USCIS cases, the consequences can be serious. Under the DHS interim final rule, if an applicant does not pay the Annual Asylum Fee within 30 days of the date USCIS sends the fee notice, USCIS will reject the pending asylum application. Rejection is not the same as a routine delay or a simple request for more information. If an asylum application is rejected because the fee was not paid, the applicant may face consequences for the underlying asylum case and for any benefits connected to that pending application. Applicants should also understand that the 30-day period is tied to the date of the notice. For that reason, it is important to review mail, online USCIS account updates and attorney communications as soon as possible. For cases in immigration court or before the Board of Immigration Appeals, applicants should carefully follow the written order from the immigration judge or the BIA. Because court procedures can differ from USCIS procedures, anyone who receives an order about the Annual Asylum Fee should speak with an immigration attorney before missing a deadline or making assumptions about what is required.
Work Authorization May Also Be Affected
Many asylum applicants rely on a pending asylum application to apply for or maintain employment authorization. The Annual Asylum Fee can therefore affect more than the asylum case itself. Under the DHS rule, rejection of an asylum application for nonpayment may affect asylum-based employment authorization. This can include pending work permit applications and, in some cases, existing employment authorization tied to the pending asylum case. This is one reason applicants should not assume that an existing work permit means the fee issue can be ignored. If the underlying asylum application is rejected, the work authorization connected to that application may also be at risk. Anyone with a pending Form I-765 based on a pending asylum application, or an existing asylum-based employment authorization document, should take any Annual Asylum Fee notice seriously.
Keep Your Address and Case Information Updated
Because the fee process depends heavily on official notices and written orders, address updates are critical. An asylum applicant who has moved should make sure the correct address is on file with the appropriate agency. For USCIS cases, this may involve updating the applicant’s address with USCIS. For immigration court cases, it may also require updating the address with the immigration court. If the case is on appeal, the Board of Immigration Appeals may also need current contact information. Missing a notice because of an old address can create serious problems. Applicants should keep copies of address changes, payment confirmations, receipts, notices and any correspondence related to their asylum case.
Do Not Rely on Informal Advice
The Annual Asylum Fee is new enough that many applicants may be confused about who must pay, how much must be paid and when payment is due. Applicants should be cautious about relying only on social media posts, rumors or advice from people with different types of cases. A person with a USCIS asylum case may not have the same payment process as someone in immigration court. A person who received a written order from an immigration judge may have different obligations from someone waiting for a USCIS notice. The safest approach is to review the official notice or order, confirm the correct payment method and speak with an immigration attorney if there is any uncertainty.
Speak With an Immigration Attorney Before Missing a Deadline
A missed fee deadline can have serious consequences for an asylum case, work authorization and future immigration options. Before ignoring a notice, delaying payment or assuming the fee does not apply, applicants should seek legal guidance based on their specific case. Zavala Texas Law assists clients with asylum-related questions, immigration court proceedings, removal defense, employment authorization issues and other immigration matters. If you have a pending asylum application and received a notice or order about the Annual Asylum Fee, an immigration attorney can help you review the deadline, payment instructions and possible consequences. This article is for general informational purposes only and does not constitute legal advice. Immigration policies and procedures change frequently. Anyone with a pending asylum case should speak with a qualified immigration attorney about their individual situation.