Rule tracker

Asylum Annual Fee Rule Tracker

A fee required for each calendar year an asylum application remains pending. This page includes only facts verified by official sources, with line-by-line status of what is currently in effect.

AsylumTracker data teamSources checked Oct 21, 20269 min read

Key takeaways

  • Current amount is $105 (FY 2027): effective October 1, 2026 for immigration court, and October 16, 2026 for USCIS; no fee waivers are permitted, and Form I-912 cannot be used to request a waiver.1,16,17
  • Cases pending with USCIS: USCIS will send a notice, payable only by the principal applicant, online within 30 days from the date the notice is issued (as dated on the notice).5,6
  • Cases in immigration court: Paid through the EOIR payment portal pursuant to a written order issued by an immigration judge or the BIA. Under BIA precedent, failure to pay on time may result in the asylum application being dismissed or deemed abandoned, but applications for withholding of removal and Convention Against Torture (CAT) protection must still be adjudicated.10,12
  • Latest court developments: On September 22, a federal court in Maryland vacated EOIR's fee memorandum and payment order template; on August 5, a federal court in Massachusetts enjoined USCIS from enforcing penalties for non-payment of the annual fee (rejecting asylum applications, terminating EADs, or initiating removal proceedings solely for non-payment) pending final judgment.18,20,19

Current Rules

Statutory basis
Federal law H.R. 1, enacted on July 4, 2025 (8 U.S.C. § 1808): an annual fee is assessed for each calendar year an asylum application remains pending.1
Amount
$105 (FY 2027): collected at this rate by immigration court starting October 1, 2026, and by USCIS starting October 16, 2026; it was $102 for FY 2026 and $100 for FY 2025. The statute mandates annual inflation adjustments for each fiscal year.16,4,17,3,1
Fee waivers
Not permitted. The statute explicitly prohibits fee waivers for the annual fee; even if USCIS has approved a fee waiver for your other applications, fees required by H.R. 1 must still be paid.1,2
Who pays (USCIS)
Only the principal applicant pays; derivative applicants (spouses and children) included on the application do not pay a separate annual fee.5
When to pay (USCIS)
Applications filed on or before October 1, 2024, that were still pending on September 30, 2025, owe the FY 2025 annual fee; for applications filed later, it is owed each time the application has been pending for a full year. You do not need to calculate the date yourself; USCIS will mail a notice (and a copy to your attorney of record), and payment is due within 30 days from the date the notice is issued.2,5
How to pay (USCIS)
Online only, using your A-Number and the receipt number on your annual fee notice.5
Cases in immigration court
Asylum applications pending for one full year on or after October 1, 2025, must pay, and every 365 days thereafter. Payment is ordered in writing by an immigration judge or the BIA and must be paid exclusively through the EOIR payment portal (select AAF and enter your A-Number).10,11
One-time filing fee
A separate one-time $100 filing fee is required upon submitting Form I-589, which remains unchanged for FY 2026 and likewise cannot be waived; this fee is non-refundable if the asylum application is rejected by USCIS.3,6
Exempt individuals
Class members of the Ms. L. settlement agreement and their qualifying family members are exempt from asylum application fees and annual fees effective February 5, 2026.5

Consequences of Non-Payment

In immigration court: Under the July 24, 2026 BIA precedent Matter of L-F-R-, failure to pay the annual fee within the deadline set by the immigration judge may result in the asylum application being dismissed or deemed abandoned; however, requests for withholding of removal and Convention Against Torture (CAT) protection contained on the same Form I-589 are not affected, and the immigration judge must still adjudicate them.12

At USCIS: Under the DHS rule that took effect on May 29, 2026, failure to pay within 30 days from the notice issue date results in rejection of the asylum application; upon rejection or denial of the asylum application, category (c)(8) employment authorization documents (EADs) are immediately terminated, and pending EAD applications will be denied; noncitizens without lawful status will be placed into expedited removal or issued a Notice to Appear (NTA), while individuals with lawful status will not be placed into removal proceedings solely for failing to pay the annual fee.6,7,8

What We Are Still Verifying

  • Immigration court fee collection procedures: On September 22, 2026, the federal court in Maryland vacated EOIR's January 2 fee memorandum and payment order template in ASAP v. USCIS, but did not enjoin the collection of the annual fee itself; EOIR has not yet issued updated guidance, and the practical effect on fee orders issued by immigration judges remains unclear.18
  • First payment timing: USCIS and EOIR guidance describe this differently (see table above), and the effective dates for the $105 FY 2027 fee differ (October 1 for immigration court, October 16 for USCIS). Please refer strictly to the USCIS notice or written order from the immigration judge that you receive.
  • Who pays in court proceedings: USCIS specifies that only the principal applicant pays; the EOIR pages reviewed do not clarify whether derivative applicants must pay separately.

Timeline

  1. Upcoming

    USCIS FY 2027 annual fee of $105 takes effect.17

  2. In effect

    Immigration court FY 2027 annual fee of $105 takes effect.16

  3. Court ruling

    Federal district court in Maryland (ASAP v. USCIS) vacates EOIR's January 2 fee memorandum and payment order template, without enjoining fee collection.18

  4. USCIS updates Form I-589 webpage: payment is due within 30 days of notice issuance; USCIS cannot approve an asylum application as long as the annual fee remains unpaid. The webpage does not mention rejection.5

  5. Notice

    EOIR publishes FY 2027 inflation adjustments for its own fees, excluding DHS forms (including the asylum annual fee); new fee amounts for the annual fee are published in the September 29 notice.14

  6. Court order

    Federal district court in Massachusetts (VAM v. USCIS) enjoins USCIS penalties for non-payment of the annual fee (application rejection, EAD termination, removal proceedings) pending final judgment.20

  7. BIA precedent

    Matter of L-F-R-: failure to timely pay the annual fee may result in the asylum application being dismissed or deemed abandoned; applications for withholding of removal and CAT protection must still be adjudicated.12

  8. Court order

    Federal district court in Massachusetts (VAM v. USCIS) issues an administrative stay; USCIS posts an alert suspending application rejections, EAD terminations, and removal proceedings for non-payment (alert now archived).19

  9. In effect

    EOIR fee rule takes effect: codifies initial filing fees and annual fees in immigration court into regulation, non-waivable, payable via the EOIR payment portal.11

  10. In effect

    DHS rule takes effect: failure to pay within 30 days of notice issuance results in Form I-589 rejection, denial of pending (c)(8) EAD applications, or termination of existing EADs.8

  11. Archived

    USCIS posts an alert announcing the consequences above; this alert was later archived and marked as “historical.”9

  12. In effect

    Ms. L. settlement agreement class members and qualifying family members are no longer required to pay asylum application fees or annual fees.5

  13. Reinstated

    Federal district court in Maryland lifts its stay, permitting USCIS to resume sending annual fee notices.8

  14. In effect

    Immigration court begins collecting the annual fee at $102.13

  15. In effect

    USCIS annual fee increases to $102; the one-time filing fee remains $100.3

  16. Paused

    USCIS pauses annual fee notices pursuant to a court order; recipients are instructed to temporarily disregard notices received; fees already paid are non-refundable (alert now archived).15

  17. Court order

    Federal district court in Maryland (ASAP v. USCIS) preliminarily enjoins USCIS enforcement of the annual fee and EOIR's corresponding policy memorandum.13

  18. Payment milestone

    First USCIS payment milestone: Form I-589 applications pending throughout the entirety of FY 2025 owe the FY 2025 $100 annual fee.2

  19. In effect

    USCIS publishes implementation rules in the Federal Register: $100 Form I-589 filing fee and $100 annual fee, online payment only, non-waivable.2

  20. Legislation

    H.R. 1 is signed into law, establishing the asylum annual fee.1

Frequently asked questions

How much is the asylum annual fee?

For FY 2027, it is $105: starting October 1, 2026 for immigration court, and October 16, 2026 for USCIS. It was previously $102 for FY 2026 and $100 for FY 2025; it is adjusted annually for inflation each fiscal year.

Can I apply for a fee waiver for the asylum annual fee?

No. The law explicitly provides that the annual fee cannot be waived, and Form I-912 fee waiver requests do not apply to it.

Does every family member have to pay?

At USCIS, only the principal applicant pays. Immigration court guidance does not address this point; please follow the written order issued by the immigration judge.

Should I pay on my own if I have not received a notice?

USCIS states that you do not need to track the due date yourself; it will mail a notice. Therefore, you must keep your address updated promptly: submit Form AR-11 with USCIS, and submit Form EOIR-33 within 5 business days for immigration court cases, otherwise you may miss notices or immigration judge orders.

Sources

  1. 8 U.S.C. § 1808 — Annual fee on asylum applications (U.S. Code)
  2. Federal Register 2025-13738 — USCIS Implementation of H.R. 1 Fees (July 22, 2025)
  3. USCIS — FY 2026 Inflation Adjustment for Certain Immigration Fees
  4. EOIR — Forms and Fees
  5. USCIS — Form I-589 Page (Updated September 15, 2026)
  6. 8 CFR § 106.2 — USCIS fees
  7. 8 CFR § 208.7 — Employment authorization for asylum applicants
  8. Federal Register 2026-08333 — DHS Annual Fee Rule (April 29, 2026)
  9. USCIS April 28, 2026 Alert (Archived)
  10. EOIR — Payment Portal FAQs
  11. Federal Register 2026-11692 — EOIR Fee Rule (June 11, 2026)
  12. Matter of L-F-R-, 29 I&N Dec. 787 (BIA 2026) (PDF)
  13. Federal Register 2026-01012 — EOIR FY 2026 Fee Adjustments
  14. Federal Register 2026-17146 — EOIR FY 2027 Fee Adjustments
  15. USCIS — Court Order on Annual Fee Notices (Archived)
  16. Federal Register 2026-19841 — EOIR FY 2027 Inflation Adjustments for H.R. 1 Fees (September 29, 2026)
  17. Federal Register 2026-20187 — USCIS FY 2027 Inflation Adjustments for H.R. 1 Fees (October 1, 2026)
  18. ASAP v. USCIS Memorandum Opinion (D. Md., September 22, 2026)
  19. USCIS — Alert on Court Injunction Suspending Portions of H.R. 1 Policy (VAM v. USCIS, Order of July 21, 2026, Archived)
  20. U.S. District Court for the District of Massachusetts — VAM v. USCIS Order of August 5, 2026 (ECF No. 53, PDF)

This guide is general information from public records, not legal advice. Rules and deadlines can change and every case is different — talk to an immigration attorney or DOJ-accredited representative about yours.

Keep reading

More from the data guides

Rule tracker(c)(8) EAD Rule TrackerLatest rules for (c)(8) employment authorization documents (EADs) for asylum applicants: apply 150 days after filing for asylum, card issued only after 180 days; $560 for initial applications ($570 for postmarks on or after October 16), renewal is $275 plus the Form I-765 fee; valid for up to 18 months; no more automatic extensions for renewals; 'waiting 365 days' remains only a proposal.Rule trackerAsylum One-Year Filing Deadline Rule TrackerU.S. asylum one-year filing deadline: calculated from last entry, extended over weekends, how mailing dates are counted, two categories of exceptions for changed circumstances and extraordinary circumstances, unaccompanied children not subject to the deadline; starting July 2026 USCIS may refer untimely cases to court without an interview.