The Department of Homeland Security (DHS) has announced sweeping changes that could dramatically impact thousands of pending asylum cases. Starting May 29, 2026, failure to pay the new Annual Asylum Fee could result in your asylum application being rejected and potentially trigger removal proceedings.
What Are These New Asylum Fee Requirements?
Under the H.R. 1 Reconciliation Act of 2025, USCIS has implemented two major fee changes for asylum seekers:
- Form I-589 Filing Fee: There is now a filing fee to submit your initial asylum application
- Annual Asylum Fee (AAF): You must pay this fee every calendar year your asylum case remains pending
The most serious change is the consequence for not paying the Annual Asylum Fee. If you don't pay within 30 days of notification, USCIS will reject your entire asylum application. For those without legal status in the U.S., this rejection could also trigger removal proceedings.
Impact on Work Authorization and Other Benefits
The consequences extend beyond your asylum case. If USCIS rejects your asylum application due to unpaid fees:
- Any pending Form I-765 (work authorization application) based on your asylum case will be automatically denied
- If you already have work authorization based on your pending asylum case, you will lose it immediately
- Your ability to remain in the U.S. legally could be jeopardized
Additionally, the rule makes changes to Temporary Protected Status (TPS) work authorization, limiting it to one year or the remaining TPS period, whichever is shorter.
Other H.R. 1 Changes Taking Effect
The interim final rule also implements several other fee-related changes:
- USCIS will keep filing fees for improperly filed Form I-589 applications (previously, fees were refunded for rejected applications)
- A new minimum $24 filing fee for Form I-102 (replacement arrival-departure documents)
- Stricter fee payment requirements across multiple immigration forms
What You Should Do Now
If you have a pending asylum case or are considering filing for asylum, this rule could significantly affect your situation. Here are immediate steps to consider:
- Review your case status: Determine if you have any pending asylum applications that could be affected
- Track payment deadlines: USCIS will notify you about Annual Asylum Fee payments, but missing the 30-day deadline has severe consequences
- Update your address: Ensure USCIS has your current address so you receive payment notifications
- Plan for ongoing costs: Budget for annual fees as long as your asylum case remains pending
- Consult with an attorney: Given the serious consequences of these changes, you may want to discuss your specific situation with an immigration lawyer
Timeline and Public Comment Period
These changes take effect on May 29, 2026. However, DHS is accepting public comments until June 29, 2026. While this is an interim final rule (meaning it takes effect immediately), public feedback could influence future modifications.
For our Bengali and Hindi-speaking community members, these changes represent a significant shift in how asylum cases are handled. The financial burden and strict payment deadlines could create additional challenges for families already navigating the complex asylum process.
Disclaimer: This article provides general information about immigration law changes and is not intended as legal advice for any specific situation. Immigration law is complex and highly fact-specific.
If you have questions about how these changes affect your asylum case or other immigration matters, contact AKT LAW, LLC at (781) 488-0315 or book a consultation at aktimmigration.com. Our team understands the unique challenges facing the Bengali and Hindi-speaking immigrant community and can help you navigate these new requirements.