In a major policy shift, U.S. Citizenship and Immigration Services (USCIS) has begun implementing new fees that directly impact asylum seekers. Effective October 1, 2025, USCIS started sending notices to aliens with a pending Form I-589, Application for Asylum and for Withholding of Removal, requiring the payment of a new Annual Asylum Fee (AAF) of $100.

If you or a client have a pending asylum application, immediate attention is required. Failure to comply with the 30-day payment deadline could negatively affect the processing of the case.

What You Need to Know About the New Annual Asylum Fee

This new fee is mandated by Public Law 119-21 (P.L. 119-21) and marks a major change, as asylum applications were historically exempt from fees.

1. The Fee Structure

The new policy establishes two distinct fees for asylum applications:

  • Initial Filing Fee: A separate $100 fee is now required to file a new Form I-589 application with USCIS.
  • Annual Asylum Fee (AAF): A $100 fee is required for each calendar year your Form I-589 application remains pending. This applies to both newly filed and currently pending cases (filed on or before October 1, 2024, that remain pending).
2. The Crucial Deadline

USCIS began sending payment notices for the AAF on October 1, 2025.

  • Payment is due within 30 days of receiving the notice.
  • Payment must be made online through the dedicated USCIS Annual Asylum Fee portal.
3. No Fee Waiver Available

Unlike many other immigration fees, the new AAF is not eligible for a fee waiver. Asylum seekers are required to pay the AAF regardless of their financial circumstances.

Immediate Action Required to Protect Your Application

The consequences of failing to pay this new fee are serious. USCIS explicitly states that non-payment “may negatively affect your application, including, but not limited to, a delay in processing.” Given the already lengthy wait times for asylum decisions, any delay or adverse action could have devastating results.

If you have a pending Form I-589:

  1. Monitor Your Mail/Online Account: Watch carefully for the official notice from USCIS (or from the Immigration Court, which has a separate process for defensive cases). The notice will include your Alien Registration Number (A-Number) and the Receipt Number necessary for payment.
  2. Pay Online Immediately: Do not delay. Pay the fee online as soon as you receive the notice and be sure to retain your receipt.

The new AAF rules are complex, particularly concerning how they apply to cases that have been pending for multiple years or are moving through the Executive Office for Immigration Review (EOIR). Consulting an immigration attorney is essential to confirm your exact payment deadline, ensure you comply with the new rules, and protect your asylum case from administrative delays or potential dismissal.

Sources:
  • U.S. Citizenship and Immigration Services (USCIS) official guidance and alerts on Form I-589 and Annual Asylum Fee (AAF).
  • Public Law 119-21 (P.L. 119-21) / H.R. 1 Reconciliation Bill.
  • Legal and news publications specializing in U.S. immigration law.
Receive the latest news in your email
Recent Post