Under New Rules, Asylum Seekers Must Pay DHS Fees or Face Rejection

The agency also updated regulations for Temporary Protected Status recipients, limiting employment authorization validity periods to one year or to the remaining TPS designation period, whichever is shorter.
Published: 4/28/2026, 5:28:41 PM EDT
Under New Rules, Asylum Seekers Must Pay DHS Fees or Face Rejection
Parents await interviews for their children at the U.S. Citizenship and Immigration Services (USCIS) district office in New York City, on Jan. 29, 2013. (John Moore/Getty Images)
The Department of Homeland Security (DHS) announced Tuesday that asylum applicants who fail to pay a newly required annual fee within 30 days of notification will have their pending cases rejected, lose work authorization, and face removal proceedings under a new federal immigration rule.

The interim final rule, published by U.S. Citizenship and Immigration Services, implements provisions from the H.R. 1 Reconciliation Act of 2025, also known as the One Big Beautiful Bill Act. The measure created several new immigration-related fees intended to increase funding for enforcement and related services.

"These changes ensure that immigration services are funded by those who use them," stated the U.S. Citizenship and Immigration Services (USCIS) in a social media post on April 28.

Under the rule, asylum applicants with pending Form I-589 cases will have to pay an annual asylum fee each calendar year their application remains unresolved.

USCIS said applicants who fail to pay the fee within 30 days of notification will have their asylum applications rejected beginning May 29, 2026.

According to the USCIS, additional penalties would follow for applicants whose cases are rejected for nonpayment, adding that it will deny any pending employment authorization applications tied to the asylum claim and immediately terminate existing work permits issued on the basis of the pending application.

If an applicant without lawful immigration status has an asylum application rejected for failing to pay the fee, the agency said it will also initiate removal proceedings.

The annual asylum fee was first implemented in July 2025 through a Federal Register notice. Tuesday’s announcement establishes enforcement consequences for applicants who do not pay.

The rule fulfills a statutory mandate requiring the agency to collect the annual fee. "H.R. 1 created new fees to increase funding for immigration enforcement operations and ensure aliens pay for immigration services,” states the announcement.

In addition to the asylum-related changes, the rule introduces other immigration fee updates. USCIS said it will now retain the filing fee for improperly filed Form I-589 asylum applications, rather than returning the payment when applications are rejected.

The agency also updated regulations for Temporary Protected Status recipients, limiting employment authorization validity periods to one year or to the remaining TPS designation period, whichever is shorter.

Another provision establishes a minimum $24 filing fee for Form I-102, used to request replacement or initial nonimmigrant arrival-departure documents.

DHS said it will accept public comments through June 29. Immigration Fees and Related Procedures Required by the Reconciliation Bill are set to be published on April 29.