New Asylum Fees in 2026: What Every Asylum Seeker Must Know

If you have a pending asylum application or plan to file one, the rules have changed. A new federal law — known as H.R. 1 — now requires asylum seekers to pay fees at several stages of the process. These fees are not optional, and in most cases they cannot be waived or reduced. Failing to pay can affect your asylum application process.

What fees apply to the asylum application process?

Under the new law, you must pay a fee when you first file Form I-589 (the application for asylum in the US). You must also pay fees when you apply for a work permit (called an Employment Authorization Document, or EAD) for the first time. If your asylum case stays open for more than a year, you will owe an Annual Asylum Fee (AAF) — a charge for each calendar year your case remains pending. There are also fees for renewing or extending your work permit. The government published these new fee amounts in the Federal Register between July and October 2025.

One important update: a federal court in Maryland temporarily blocked USCIS from collecting the Annual Asylum Fee. That court order was in place from October 30, 2025 until February 2, 2026, when the court lifted the pause. USCIS is now sending notices to applicants who have not yet paid the AAF. If you receive such a notice, non-payment can affect your application. People with Temporary Protected Status (TPS) who need to renew their work permits also face new fees under this law. USCIS has noted that TPS designations currently in effect do not exceed one year — the latest is for Ukraine, ending October 19, 2026.

There is also a new $24 fee for filing Form I-102 (the application to replace or get a new Form I-94 Arrival/Departure Record). This fee does not apply if the government made an error on your original I-94 — in that case, USCIS must fix it at no cost to you. USCIS estimates roughly 4,120 people per year will be affected by this specific fee.

What to do

• Check whether you have received — or should expect — a notice from USCIS about the Annual Asylum Fee. If your asylum case has been open for more than one year, you may owe this fee. Non-payment can hurt your case.
• If you are applying for or renewing a work permit (EAD) based on your asylum application, a TPS grant, or a parole grant, budget for the new fees. These fees cannot be waived.
• If you need a replacement Form I-94, file Form I-102 and include the $24 fee — unless the error on your I-94 was made by the government, in which case no fee is required.
• Lawyers recommend keeping copies of all fee payments and USCIS receipts. If you receive a notice saying your fee was not paid, respond quickly — delays can lead to rejection of your application.