In mid-2025, Congress introduced a sweeping change to the asylum process. For the first time in U.S. history, asylum seekers will now face a mandatory $100 annual fee while their cases remain pending — in addition to a new $100 initial filing fee for certain applications.
We’d like to thank our friends at Bolour / Carl Immigration Group, APC, for the following update on the new $100 annual asylum fee.
What’s Changed
- New Asylum Filing Fee
Starting July 22, 2025, all new Form I-589 asylum applications filed with USCIS must include a $100 filing fee. Applications without the fee may be rejected.
- Annual Asylum Fee (AAF) — $100 Per Year
For any asylum case (affirmative or defensive) that remains pending, the applicant must now pay $100 each calendar year that the case remains unresolved.
- For affirmative applications with USCIS: The first AAF payment is triggered after the I-589 has been pending for 365 days.
- For defensive cases in immigration court (EOIR): The AAF applies to cases pending for at least one year as of July 4, 2025, and for each year thereafter.
- No Waivers or Reductions
Under the One Big Beautiful Bill Act (OBBBA / H.R.1), these fees cannot be waived or reduced, even for low-income applicants.
Who Is Impacted By This Change
- Pending Applicants
If you filed I-589 before or after October 1, 2024, and your case is still unresolved when the annual fee comes due, you must pay the $100 AAF.
- New Applicants
Applications filed on or after July 22, 2025, must include the $100 filing fee.
- Pending Court Cases
Asylum cases in immigration court that have been pending for a year or more will be subject to the annual fee; new filings in court may also require the $100 fee.
This change affects both affirmative asylum cases (USCIS) and defensive cases in immigration court (EOIR).
What Applicants Should Do Right Now
- Don’t Delay Filing if You’re Approaching the 1-Year Deadline
Even with the new fee, failing to file within one year of arrival can forever bar your asylum right. If you must file and payment isn’t yet possible, submit the I-589 and retain proof of your attempt.
- Watch for USCIS / EOIR Notices
- USCIS will issue personalized notifications when your annual fee is due, with instructions on how to pay.
- In court cases, check for judge orders or court clerk instructions.
- Save Payment Receipts and Documentation
Keep every receipt and proof of payment in your case file. These are essential if there is any dispute about whether you paid on time.
- ConsultaAn Attorney
This is now a potential point of failure in your case. A qualified EB2 visa lawyer can help you track deadlines, avoid missteps, and defend against any adverse consequences.
Looking Ahead: Staying Compliant In A Changing System
We will continue to monitor how USCIS, EOIR, and the courts implement and enforce these rules — and will update our clients and resources accordingly. If you or someone you represent is affected, now is the time to act: stay current on notices, calendar deadlines, and seek legal guidance where possible.