Asylum Fee USCIS Court: New Fee for USCIS and Immigration Court/BIA Causes Chaos and Confusion

What is the new asylum fee in 2025?

As of July 22, 2025, the U.S. government introduced a $100 filing fee for all asylum applications (Form I-589) and an Annual Asylum Fee (AAF) of $100 per year for every pending case. The $100 is an initial filing fee required at the time of initial filing of Form I-589. These changes—announced by the Department of Homeland Security (USCIS) and implemented in coordination with the Department of Justice’s Executive Office for Immigration Review (EOIR)—mark the first time in modern history that people fleeing persecution must pay to seek protection in the United States.

The fee rollout has been plagued by confusion. Inconsistent guidance between USCIS and EOIR, lack of public notice, and divergent regional practices have left applicants and attorneys struggling to comply. Previously, asylum applications did not require any payment, making the new initial filing fee a significant change.

Overview: The Return of Asylum Fees in the U.S.

Why did the U.S. impose asylum fees now?
The new charges arise under H.R. 1 – the “One Big Beautiful Bill” (OBBBA), signed into law in mid-2025. The statute authorized sweeping fee increases across immigration services to fund DHS and DOJ adjudicatory operations.
The DHS final rule establishing these changes appeared in the Federal Register.

While DHS claims the fee is for “cost recovery,” advocacy groups note that charging for asylum contradicts international norms that guarantee free access to protection.

Why “chaos and confusion”?

• No unified guidance: USCIS and EOIR issued different instructions.
• Payment failures: Courts lacked portals to collect fees during rollout.
• Application rejections: Many I-589 filings bounced back over missing receipts.
• Inconsistent waivers: Applicants and lawyers received conflicting messages on waiver availability.

This disarray has created a procedural minefield for one of the world’s most vulnerable populations.

How Much Are the New Asylum Fees?

What are the key numbers?

Applicants can pay required fees using credit or debit cards. You can also file Form I-589 online through the USCIS digital platform for added convenience.

Source:USCIS Fee Schedule Update, EOIR Fee Schedule

Effective dates:

• Fees apply to forms filed or postmarked on/after July 22, 2025.
• Asylum filings without correct payment after August 21, 2025 are rejected by USCIS.
• EOIR began enforcing fees once its Payment Portal went live in September 2025.
• Annual Asylum Fee bills are issued yearly on the filing anniversary.

The next major update to fee procedures is expected in October 2025, and applicants should look for expected notices or instructions around that time.

Before vs. After 2025:

The new structure monetizes a humanitarian process that was historically cost-free.

Historical Context: Asylum Applications Were Once Free

Why was asylum free for decades?

The Refugee Act of 1980 aligned U.S. law with the 1951 Refugee Convention and its 1967 Protocol, ensuring asylum seekers could access protection “without discrimination as to means.”
Historically, USCIS and EOIR treated asylum as a humanitarian right, not a discretionary benefit, so charging fees was considered inappropriate.

Previous administrations—including Bush, Obama, and Biden—rejected asylum fee proposals, emphasizing moral and treaty obligations. The 2025 change is unprecedented: the U.S. is now among the few nations that charge refugees to apply.

What Triggered the 2025 Fee Rule?

Legal authority:

The authority stems from OBBBA Section 4321, mandating USCIS and EOIR to “recover full adjudicatory costs” across all applications. DHS implemented it via rulemaking published in the Federal Register.

Implementation timeline:

• May 2025: Draft DHS rule issued for public comment.
• July 22, 2025: Final rule effective.
• August 2025: USCIS began rejecting unpaid filings.
• September 2025: EOIR launched its payment portal.

Inter-agency coordination failure:

Despite simultaneous mandates, DHS and DOJ adopted differing technical standards.
EOIR lacked systems to process payments during rollout, while USCIS required physical checks attached to forms—resulting in mass confusion.

Implementation Confusion: USCIS vs. EOIR

Why the divergence?

USCIS, under Homeland Security Act § 451, funds operations primarily through user fees. EOIR, under 8 C.F.R. § 1003.8, uses Treasury systems and court-specific processes.

Problems reported:

• Portal outages: EOIR Payment Portal initially crashed under heavy use.
• Rejections: I-589s lacking receipts returned as “incomplete.” Applicants should save all payment receipts and documentation to avoid issues with incomplete filings.
• Mismatched rules: USCIS allowed checks; EOIR demanded online proof.
• Vague notices: Some applicants got “fee deficiency” letters with no fix instructions.

Regional inconsistencies:

Field offices varied—some accepted filings without proof pending rule finalization; others summarily rejected them.

Illustration:

Applicants in Texas could submit I-589s with a check; those in New York were told to wait for the EOIR system—creating arbitrary disparities.

Impact on Asylum Seekers and Legal Access

Economic hardship:

Most asylum seekers arrive indigent; $100 plus recurring annual payments pose real obstacles.
For families, cumulative costs multiply—$100 per adult applicant annually.

Procedural denials:

Under 8 C.F.R. § 208.3(c), USCIS may reject improperly filed forms. Courts treat unpaid filings as not properly lodged, jeopardizing one-year filing deadlines.

Backlog strain:

Tracking annual fees requires new administrative infrastructure, diverting resources from adjudication and worsening backlogs already exceeding 3 million cases.

Case example:

A Nicaraguan applicant filed on August 1, 2025, by mail without attaching the fee (portal unavailable). USCIS rejected it August 28, marking it “late.” She missed the one-year filing deadline and lost eligibility—illustrating how bureaucratic errors produce life-altering outcomes.

Access-to-counsel crisis:

Nonprofits such as CLINIC and ASAP report surging calls from unrepresented migrants turned away for fee issues.

Fee Waivers: Who Qualifies and How to Apply

Can asylum applicants request a waiver?

No. The USCIS Fee Rule and DOJ parallel rule expressly prohibit waivers for:

• The $100 asylum filing fee
• The $100 Annual Asylum Fee

Limited waiver scope:

Waivers remain only for non-asylum filings—e.g., motions or appeals—via Form EOIR-26Awhen applicants demonstrate “inability to pay.”

Practice tip:

Attorneys should attach EOIR-26A only for eligible motions; including it with I-589 confuses clerks and triggers rejection.

Summary:

• No waiver for I-589 or AAF
• Possible waiver for EOIR motions, appeals (non-asylum)
• Proof required: income statements, affidavits, benefits letters

Legal Challenges and Advocacy Response

Litigation landscape:

Civil rights groups filed suits alleging that the asylum fee violates:

1. The Refugee Act (access without discrimination)
2. Due Process Clause (procedural fairness)
3. Administrative Procedure Act (arbitrary, capricious rulemaking)

Cases pending include ACLU v. Mayorkas in D.D.C. and NIJC v. Garland in N.D. Ill. Plaintiffs seek injunctions halting fee enforcement.

Advocacy statements:

• ACLU: “A price tag on safety is unconstitutional.”
• NIPNLG: “The rule undermines America’s asylum commitments.”
• Human Rights First warns of treaty breaches.

No nationwide injunction exists yet, though some judges have stayed enforcement locally pending clarification.

Due Process Concerns and International Law Violations

Domestic due process:

Rejection for nonpayment denies access to adjudication—a potential procedural due-process violation. Courts may find that indigent applicants cannot be barred solely for poverty.

International obligations:

Article 33 of the 1951 Refugee Convention prohibits refoulement. Scholars argue that financial barriers contravene this principle by forcing refugees into illegality or deportation risk.

Expert commentary:

The American Bar Association (ABA) has urged DOJ to suspend fee enforcement, citing ethical obligations under Model Rule 6.1 to ensure access to justice.

Practical Guidance for Applicants and Attorneys

1. Before Filing

• Verify filing date—fees apply after July 22, 2025.
• UseUSCIS Lockbox addresses for mail submissions; attach check or money order to “U.S. Department of Homeland Security.”
• For court filings, pay first through the EOIR Payment Portal and print confirmation.
• Include payment receipt with I-589 or risk rejection.

2. During Pending Case

• Mark anniversary for AAF; expect notice from USCIS Case Status Online. The USCIS annual asylum fee is a $100 yearly payment required for all pending asylum cases.
• Pay promptly; nonpayment of the USCIS annual asylum fee may trigger administrative closure.

3. If Rejected

• Use 8 C.F.R. § 103.2(a)(7) cure period (often 15 days).
• Resubmit with correct payment and explanation letter. Include proof that the fee was paid, such as a payment receipt or tracking ID.
• Keep proof of original timely attempt for one-year filing defense.

4. Counsel Strategy

• File early; anticipate mail or portal glitches.
• Join class actions or amicus briefs challenging fees.
• Document every rejection or error for litigation record.

5. Common Pitfalls

• Assuming waiver applies to asylum fees.
• Paying EOIR fee via USCIS channel (or vice versa).
• Ignoring annual fee notices.
• Missing cure deadlines.

Policy Outlook: What’s Next for 2026

Possible scenarios:

1. Judicial relief: District courts may enjoin enforcement if constitutional flaws proven.
2. Legislative fix: Congress could repeal Section 4321 or reauthorize humanitarian exemptions.
3. Administrative rollback: A future DHS rule could restore fee-free asylum.
4. Continued confusion: Without reform, applicants face growing procedural traps.

Monitoring resources:

• Federal Register Proposed Rules
• USCIS Newsroom
• EOIR Policy Memos

Stay updated monthly; shifts are likely amid ongoing litigation.

FAQ list on the new USCIS and EOIR asylum fees

What changed in 2025 about paying for asylum?
Beginning July 22, 2025, both U.S. Citizenship and Immigration Services (USCIS) and the Executive Office for Immigration Review (EOIR) began enforcing new asylum-related fees. Applicants must now pay a $100 filing fee when submitting Form I-589 and a $100 Annual Asylum Fee (AAF) each year the case remains pending. Starting July 4, 2025, it also costs $100 to file a new asylum application with immigration court. These fees were introduced under the USCIS Final Fee Rule.

When did the new asylum filing fee start?
USCIS began requiring payment for all I-589 applications filed or postmarked on or after July 22, 2025, as confirmed in the USCIS Fee Schedule. Any form received without proper payment after August 21, 2025, is automatically rejected. EOIR (immigration courts) implemented similar enforcement once its online payment portal launched later in 2025.

Who must pay the new $100 asylum filing fee?
All asylum seekers filing Form I-589 with USCIS or EOIR on or after the effective date must include the $100 filing fee. There are no exceptions for financial hardship or age—meaning even unaccompanied minors and indigent applicants are not exempt under the Federal Register Final Rule.

What is the Annual Asylum Fee (AAF)?
The Annual Asylum Fee (AAF) is a new $100 yearly charge required for every pending asylum application beginning one year after filing. The AAF remains due each subsequent year until the case is adjudicated. USCIS has stated through its newsroom guidance that no waiver or reduction is available.

When does the Annual Asylum Fee become due?
The AAF becomes due on the one-year anniversary of your I-589 filing date and continues annually for as long as your case is pending. USCIS will issue individual notices and instructions via your USCIS online account. To pay the Annual Asylum Fee, you will need your Alien Registration Number (A-Number) and the receipt number from your notice. EOIR is developing a similar reminder and collection process through its Payment Portal.

Can asylum applicants request a waiver of these fees?
No. Under the USCIS Final Rule and DOJ’s parallel regulation, fee waivers are prohibited for both the asylum filing fee and the annual fee. Even Form I-912 (the general fee waiver form) cannot be used for asylum. Only certain non-asylum motions and appeals in immigration court may still use EOIR-26A Fee Waiver Request.

How do I pay the $100 filing fee for an asylum application to USCIS?
If filing affirmatively, include the $100 payment (check or money order payable to “U.S. Department of Homeland Security”) with your Form I-589. Review the USCIS Form Instructions and Filing Fee Table before submission. Missing or incorrect payment will result in rejection.

How do I pay the $100 asylum fee in immigration court?
For cases before EOIR, payment is made through the EOIR Payment Portal. Applicants must attach proof of online payment to their I-589 filing. Courts generally do not accept in-person payments, and failure to include the receipt can lead to rejection.

What happens if I file without paying the fee?
According to 8 C.F.R. § 103.2(a)(7), USCIS will reject any filing submitted without the correct fee. Starting August 21, 2025, applications without the $100 initial fee will be automatically rejected. Rejection can jeopardize compliance with the one-year filing deadline for asylum. Always retain proof of payment and refile immediately if rejected.

Do the new fees apply to both affirmative and defensive asylum?
Yes. Both affirmative filings with USCIS and defensive filings before EOIR must include the $100 fee. The defensive asylum process is adversarial, with a Department of Homeland Security attorney arguing against the applicant’s case. Similarly, both systems require the Annual Asylum Fee if the case remains pending after a year.

Are unaccompanied minors or vulnerable groups exempt?
No. The DHS/DOJ Final Rules did not create exemptions for unaccompanied minors, victims of trafficking, or indigent applicants. Advocates continue urging policy changes, but no waiver currently exists.

Do I owe the AAF if my case was filed before 2025?
Yes. If your case remains pending one year or more after the law’s effective date, USCIS may assess the Annual Asylum Fee retroactively. Notices will issue through your USCIS Online Account or your attorney’s record of proceedings.

How will I be notified about the Annual Asylum Fee?
USCIS will send written notices and online alerts when the AAF becomes due. Keep your address and online account updated through USCIS Change of Address to ensure delivery.

Do I still pay if I win asylum?
No. Once asylum is granted, your I-589 is no longer pending, and no further AAF is owed. The AAF stops accruing after final adjudication.

What happens if I don’t pay the Annual Asylum Fee?
Failure to pay by the due date may result in administrative action, including possible dismissal or rejection of the pending application. Always pay promptly and retain a receipt from USCIS or EOIR’s portal confirmation.

How does this affect my work authorization (Form I-765)?
The new fee schedule also increased costs for asylum-based work authorization. Under the 2025 rule, asylum applicants now pay $550 for an initial Form I-765 and $275 for renewals, separate from the asylum filing or annual fees. Renewing an EAD for an asylum seeker costs $745 online and $795 by mail as of July 22, 2025.

Does paying the Annual Asylum Fee speed up my case?
No. The AAF is a mandatory maintenance charge; it does not expedite adjudication or provide premium service. It merely preserves your pending status.

What if the payment portal is unavailable?
If the EOIR Payment Portal or USCIS systems go down, document your attempt (screenshot, timestamp) and reattempt as soon as possible. Retain all proof of good-faith compliance.

Can I still request fee waivers for other EOIR motions or appeals?
Yes, but only for non-asylum-related filings using EOIR-26A. Waivers remain available for certain appeals and motions, but not for asylum itself.

If my case transfers from USCIS to EOIR, do I pay again?
If your case transfers, you must follow the receiving agency’s payment instructions. Proof of any prior payment to USCIS should accompany the new court record. If a judge denies an asylum claim, there is a 30-day window to appeal the decision to the Board of Immigration Appeals.

What are the penalties for nonpayment?
Agencies may reject or administratively close a case for nonpayment. While cure periods exist under 8 C.F.R. § 103.2(a)(7), missing deadlines can forfeit protection eligibility.

Do these fees comply with U.S. asylum law and treaties?
Legal experts and advocacy organizations argue they conflict with the Refugee Act of 1980 and the 1951 Refugee Convention, which require non-discriminatory access. Litigation is ongoing.

Where can I verify the official fee amounts?
You can verify the most recent schedule at the USCIS Filing Fees page and theEOIR Fee Schedule.Check these sources before filing or paying, as updates may occur.

Bottom line:
All asylum applicants filing after July 22, 2025 must pay $100 upfront and $100 annually thereafter. No waivers exist. Track deadlines, confirm payment methods through USCIS or EOIR, and keep receipts for your records.

 Conclusion: A System in Disarray

For decades, asylum seekers filed without charge—consistent with humanitarian principles. The 2025 asylum fee upends that legacy. Instead of simplicity, the rollout delivered bureaucratic chaos: rejected filings, clashing guidance, and heightened anxiety for those fleeing danger.

As lawsuits progress and policymakers reconsider, one fact remains clear: attorneys must now treat payment compliance as a survival issue for clients. Without precise navigation, legitimate refugees risk denial before their stories are even heard.

Need Help Understanding or Navigating the New Asylum Fees? Contact Attorney Richard T. Herman Today

If you’re confused, anxious, or uncertain about how the new asylum fees work — whether you must pay the $100 USCIS filing fee, the $100 Annual Asylum Fee, or how to avoid having your asylum application rejected for nonpayment — you’re not alone. The 2025 rules have created chaos, confusion, and unnecessary barriers for thousands of asylum seekers and advocates. For personalized advice and to stay informed about the latest updates, consult an immigration attorney and refer to official sources.

That’s why it’s essential to have a trusted immigration attorney by your side — someone who not only understands the law, but also the human impact behind it.

Attorney Richard T. Herman, founder of Herman Legal Group, has spent over 30 years helping immigrants, refugees, and families navigate America’s complex immigration system. As co-author of the national book Immigrant, Inc, he has been a tireless evangelist for the economic and community power of welcoming immigrants — and a steadfast voice for fairness and due process.

Whether your case involves USCIS, EOIR (immigration court), or both, Richard Herman and his multilingual team can:

• Review your asylum case and confirm whether the new fees apply to you.
• Help you avoid rejection or dismissal due to payment errors or missed deadlines.
• Ensure your I-589 asylum application is properly prepared and compliant with 2025 fee rules.
• Strategically guide you through annual fee notices, portal payments, and agency correspondence.
• Defend your right to seek asylum without discrimination or delay.

These new fees can be legally complex and life-changing — but with the right guidance, you can protect your rights and keep your case on track.

📞 Take action now. Don’t risk your future over a procedural mistake. Schedule a confidential consultation with Attorney Richard T. Herman and his team today to receive clear, strategic guidance on how to comply with these new rules — and keep your asylum claim moving forward.

👉 Book Your Consultation Here

Richard Herman is nationally recognized for his expertise in asylum, deportation defense, humanitarian relief, and federal litigation — and has appeared in major media outlets across the U.S. His team serves clients in all 50 states and worldwide via Zoom, WhatsApp, and phone consultations.

Your path to safety and security deserves experienced, compassionate legal care.Let Richard Herman’s decades of experience and commitment to immigrant justice guide you through this uncertain new landscape — one step at a time.

Official Government Resources (Primary Sources)

U.S. Citizenship and Immigration Services (USCIS)

• USCIS Newsroom Alert: Updated Fees Based on H.R. 1 (OBBBA) — official announcement introducing the asylum filing and annual fees.
  USCIS Newsroom Alert
• USCIS Fee Schedule and Payment Instructions — official USCIS page outlining all new filing fees, including the $100 asylum filing fee and $100 Annual Asylum Fee (AAF).
  USCIS Filing Fees
• Form I-589, Application for Asylum and for Withholding of Removal — the official form for asylum applications, now subject to filing and annual fees.
  Form I-589
• USCIS Online Case Status Tool — check payment postings and Annual Asylum Fee notices.
  USCIS Case Status Online
• Change of Address Page — update your mailing address to receive Annual Fee notices and avoid missed deadlines.
  USCIS Change of Address

Department of Justice – Executive Office for Immigration Review (EOIR)

• EOIR Payment Portal — official online system for paying asylum filing and other EOIR fees.
  EOIR Payment Portal
• EOIR Reference Materials: Fee Schedule — full list of EOIR motion, appeal, and asylum-related fees.
  EOIR Fee Schedule
• EOIR-26A, Fee Waiver Request — available for limited non-asylum filings (motions, appeals) but not for asylum fees.
  EOIR-26A Form
• EOIR Guidance on Appeals and Motions — explains which filings may still request fee waivers.
  Types of Appeals and Motions

Department of Homeland Security (DHS)

• DHS Press Release on Immigration Fees Under H.R. 1 — agency overview of new cost-recovery requirements.
  DHS Press Release
• Homeland Security Act of 2002 – Funding Authority — statutory basis for fee recovery under DHS operations.

Federal Register – Fee Rule Notices

• Final Rule: USCIS Immigration Fees Required by H.R. 1 (Reconciliation Bill) — the controlling regulation introducing the $100 asylum filing and annual fees.
  Federal Register Final Rule (July 22 2025)

Code of Federal Regulations (CFR)

• 8 C.F.R. § 103.2(a)(7) — outlines USCIS authority to reject improperly filed or unpaid applications.
  8 C.F.R. § 103.2(a)(7)
• 8 C.F.R. § 208.3(c) — details filing requirements for asylum applications, now including fees.
  8 C.F.R. § 208.3(c)
• 8 C.F.R. § 1003.8 — governs EOIR filing procedures and payment requirements.
  8 C.F.R. § 1003.8

2. Legal Foundations and Statutes

• Refugee Act of 1980 — foundational statute for U.S. asylum law, emphasizing access to protection without discrimination.
  Refugee Act of 1980
• Immigration and Nationality Act (INA) § 208 — statutory authority for asylum procedures.
  INA § 208 – Asylum
• 1951 Refugee Convention and 1967 Protocol — international treaties binding the U.S. to guarantee access to asylum.
  UNHCR Refugee Convention

3. Professional and Advocacy Organizations

American Immigration Lawyers Association (AILA)

• AILA Practice Alerts on 2025 Fee Changes — practitioner analysis and litigation tracking.
  AILA Updates

National Immigration Project of the National Lawyers Guild (NIPNLG)

• Policy Brief: Final Fee Increases Under H.R. 1 — detailed overview of asylum and EOIR fee changes.
  NIPNLG Final Fee Memo (PDF)

Catholic Legal Immigration Network, Inc. (CLINIC)

• Practice Advisory on Asylum Fee Implementation — guidance for nonprofit legal providers.
  CLINIC Resources

American Immigration Council (AIC)

• Legal Analysis: Barriers to Asylum Access Under New Fee Rule
  American Immigration Council

Asylum Seeker Advocacy Project (ASAP)

• Community Updates on New USCIS/EOIR Fees — practical step-by-step guides for asylum seekers.
  ASAP Fee Guide

Human Rights First

• Policy Statement: Charging Asylum Seekers Violates International Norms
  Human Rights First Asylum Statement

ACLU Immigrants’ Rights Project

• Litigation Updates on Asylum Fee Lawsuits — tracking cases challenging the 2025 fee rule.
  ACLU Asylum Fee Litigation

4. Scholarly and International Resources

• UNHCR Guidance on Asylum Access — UNHCR interpretation of state obligations regarding fee-free asylum.
  UNHCR Guidance Note
• Migration Policy Institute (MPI) — research on global asylum trends and economic barriers.
  Migration Policy Institute – Asylum Reports
• American Bar Association (ABA) Model Rule 6.1 — ethical duty to ensure access to justice for indigent clients.
  ABA Model Rule 6.1

5. Monitoring, Appeals, and Litigation Tracking

• PACER (Public Access to Court Electronic Records) — search for active federal cases challenging asylum fee rules (e.g., ACLU v. Mayorkas, NIJC v. Garland).
  PACER Case Locator
• DOJ EOIR Policy Memos and Updates — stay current on adjudicatory changes affecting asylum fees.
  EOIR Policy Memos
• Federal Register Agency Portal — subscribe for notices of proposed fee revisions.
  Federal Register USCIS Portal

6. Quick Access Index (By Topic)