The Department of Homeland Security has announced a new interim final rule implementing several immigration fee and employment authorization requirements under the H.R. 1 Reconciliation Act of 2025, also known as the One Big Beautiful Bill Act.
One of the most significant updates concerns the Annual Asylum Fee, which applies each calendar year that a Form I-589 asylum application remains pending. Beginning May 29, 2026, if an asylum applicant does not pay the Annual Asylum Fee within 30 days of receiving notice from USCIS, USCIS may reject the pending asylum application. For applicants who do not have lawful status in the United States, DHS may also begin removal proceedings.
What happens if the Annual Asylum Fee is not paid?
If USCIS rejects a pending asylum application because the Annual Asylum Fee was not paid on time:
- Any pending Form I-765 work permit application based on that asylum case will be denied; and
- Any existing work authorization based on the pending asylum application will end immediately.
Other changes under the new rule
The rule also includes several additional updates:
- Form I-589 filing fee: USCIS will retain the filing fee even if the asylum application is rejected for improper filing.
- TPS work permits: Employment authorization for people with Temporary Protected Status will be limited to one year or the remaining TPS designation period, whichever is shorter.
- Form I-102 fee: A new minimum filing fee of $24 will apply to Form I-102, Application for Replacement/Initial Nonimmigrant Arrival-Departure Document, in addition to any other required fees.
When does the rule take effect?
The interim final rule becomes effective on May 29, 2026. USCIS will begin rejecting:
- Form I-102 applications postmarked on or after May 29, 2026, if they do not include the proper filing fee; and
- Pending Form I-589 asylum applications where the Annual Asylum Fee is not paid after proper notice and the 30-day payment period.
DHS is accepting public comments on the rule through June 29, 2026.
What asylum applicants should know
If you have a pending asylum application, it is important to carefully review any notice you receive from USCIS and act before the deadline stated in the notice. Missing an Annual Asylum Fee payment may now affect not only the asylum case itself, but also related work authorization.
At Ballout Law, we help individuals and families understand changing immigration rules and take informed next steps. If you have questions about a pending asylum case, a USCIS notice, or how this rule may affect you, speak with an experienced immigration attorney as soon as possible.
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