Effective May 29, 2026, a Department of Homeland Security (DHS) interim final rule published on April 29, 2026, will implement fees, requirements, and consequences for nonpayment of asylum-related fees under the H.R. 1 Reconciliation Act of 2025 (“One Big Beautiful Bill Act”).
On July 22, 2025, USCIS published a Federal Register notice implementing a filing fee for Form I-589, Application for Asylum and for Withholding of Removal, and an Annual Asylum Fee (AAF) to be paid each calendar year an asylum application remains pending. The interim final rule establishes that if the AAF is not paid within 30 days of notification, USCIS will reject the applicant’s pending asylum application. If the applicant does not have legal status in the United States, USCIS will also initiate removal.
If USCIS rejects the asylum application, the following additional consequences will apply:
- USCIS will deny any pending Form I-765, Application for Employment Authorization, based on the asylum application; and
- Those who were approved to work based on the pending application will lose work authorization immediately.
The rule also implements additional requirements outlined in H.R. 1:
- Form I-589 filing fee: USCIS will now keep the filing fee for Form I-589 if the agency rejects the form as improperly filed.
- Temporary Protected Status (TPS) employment authorization: USCIS is updating regulations limiting the employment authorization period for those under TPS to one year or the remaining TPS designation period, whichever is shorter.
- Form I-102, Application for Replacement/Initial Nonimmigrant Arrival-Departure Document, filing fee: The rule establishes a minimum $24 fee to file Form I-102, in addition to other required fees.
The interim final rule is effective May 29, 2026. USCIS said it will reject any Form I-102 without the proper filing fee if it is postmarked on or after May 29, 2026. Additionally, USCIS will reject pending Form I-589 asylum applications for those who fail to pay the AAF effective May 29, 2026.
DHS will receive public comments submitted by June 29, 2026.
