For the first time in U.S. history, applying for asylum now carries a price tag. Under H.R.1 — the budget reconciliation law signed on July 4, 2025, and widely known as the "One Big Beautiful Bill Act" — Congress created a suite of new immigration fees, including a first-ever filing fee for Form I-589 and a recurring Annual Asylum Fee (AAF). U.S. Citizenship and Immigration Services (USCIS) implemented the fees through a Federal Register notice published on July 22, 2025.
The change is significant because asylum has historically been free to apply for, reflecting the humanitarian and treaty obligations behind it. The new fees now sit on top of the costs asylum seekers already face for work permits, biometrics, and legal help.
What the Annual Asylum Fee Costs
The headline number is $100 per year for every year an asylum application remains pending, adjusted annually for inflation. The fee is tied to the anniversary of the filing date: it must be paid on or before each one-year mark while the case is still open. Critically, there is no fee waiver for the annual fee — a sharp departure from most USCIS fees, which can be waived for applicants who show an inability to pay.
Who pays — and who doesn't
The fees fall on the principal applicant. Spouses and children included as dependents on the same Form I-589 are not separately charged. Payment remains the applicant's responsibility even when an attorney or sponsor is assisting with the case.
Here is how the main asylum-related charges introduced or increased under H.R.1 break down:
| Charge | Amount | When it applies |
|---|---|---|
| Form I-589 filing fee (new) | $100 | Once, when filing an affirmative asylum application |
| Annual Asylum Fee (new) | $100 / year* | Each year the case stays pending (inflation-adjusted) |
| Asylum-based work permit (Form I-765) | New fee applies | First and renewal EAD requests as an asylum applicant |
| Fee waiver for the above | Not available | — |
*Enforcement of the Annual Asylum Fee is currently paused by court order (see below). Always confirm current amounts and payment procedures on the official USCIS fee schedule before paying anything.
The 2026 Court Battle Over the Fee
The Annual Asylum Fee has not gone unchallenged. On October 30, 2025, the U.S. District Court for the District of Maryland issued an order pausing enforcement of the annual fee, and USCIS confirmed it would comply with the order pending further judicial review. As litigation continues into 2026, the annual fee may not be actively collected — but the underlying law remains on the books, and the picture can change quickly depending on how the courts rule.
DHS has separately signaled that it intends to enforce consequences for unpaid annual fees once it is legally clear to do so. For applicants, the practical reality is uncertainty: the fee exists in law, is currently enjoined, and is a moving target. This is exactly the kind of issue where monitoring the official USCIS newsroom and getting qualified advice matters. Our coverage of the asylum work-permit overhaul tracks the related EAD changes.
What Happens If the Fee Goes Unpaid
USCIS and DHS have indicated that failing to pay the annual fee — once enforcement resumes — could carry serious consequences for a pending case, potentially including administrative closure or dismissal of the asylum application. Because a dismissed asylum case can expose an applicant to removal proceedings, the stakes of a missed payment run far higher than the $100 itself.
Applicants who do pay should keep clear proof of every payment — receipts, confirmation numbers, and dates — in case a payment is later disputed or a case file is questioned.
What Asylum Applicants Should Do Now
- Confirm the current status of the annual fee directly with USCIS before sending money, given the ongoing litigation.
- Calendar your filing anniversary. If the fee is being collected, it is due on or before each one-year mark from your I-589 filing date.
- Budget for the full picture — filing fee, work-permit costs, biometrics, and legal fees — not just the annual charge. See our EAD processing-time guide for work-permit timing.
- Keep your address current with USCIS (Form AR-11) so you receive any fee notices or policy updates.
- Get advice early. An accredited representative or immigration attorney can explain how these fees interact with your specific case. Our asylum interview guide walks through what comes next in the process.
Frequently Asked Questions
Is the $100 asylum fee a one-time charge?
No. There are two separate charges: a one-time $100 filing fee for Form I-589, and a separate $100 annual fee for each year the case remains pending. The annual fee is currently paused by court order.
Can I get a fee waiver if I can't afford it?
No. H.R.1 specifically makes these asylum fees non-waivable, which is unusual for USCIS fees and has been one of the central objections in the litigation challenging them.
Does paying the fee guarantee my asylum case is approved?
No. The fees are purely administrative. They do not affect the merits of your claim, which is decided on the evidence of persecution or well-founded fear of persecution under U.S. asylum law.
Last verified: July 2026 · Reviewed by the USImmigrationLaw.Today editorial team. Fees and enforcement status change frequently — confirm current figures with USCIS before filing.