The Department of Homeland Security (DHS) has announced a significant policy update through an interim final rule implementing new immigration fees and requirements under the H.R. 1 Reconciliation Act of 2025 (One Big Beautiful Bill Act). These changes directly impact asylum applicants, individuals with Temporary Protected Status (TPS), and others interacting with the U.S. immigration system.
The rule introduces new financial obligations, stricter compliance requirements, and serious consequences for failure to meet them.
Annual Asylum Fee (AAF): New Requirement for Pending Cases
One of the most impactful changes is the introduction of an Annual Asylum Fee (AAF) for individuals with pending asylum applications.
Key Requirements:
- Asylum applicants must pay the AAF each calendar year while their case remains pending
- USCIS will notify applicants when payment is due
- Payment must be made within 30 days of notification
Consequences of Non-Payment:
If an applicant fails to pay the AAF within the required timeframe:
- USCIS will reject the pending asylum application
- If the applicant does not have lawful status, removal proceedings may be initiated
- Any pending Form I-765 (work authorization) will be denied
- Existing employment authorization will be terminated immediately
This marks a significant shift, as failure to pay a fee can now directly result in loss of status and work authorization.
Form I-589 Filing Fee Changes
USCIS has also implemented new rules regarding the Form I-589 (Application for Asylum and Withholding of Removal):
- A filing fee is now required for Form I-589
- If the application is rejected as improperly filed, USCIS will retain the filing fee
This change increases the importance of ensuring asylum applications are complete and accurate at the time of filing.
Updates to Temporary Protected Status (TPS) Employment Authorization
The interim rule also introduces limitations for individuals with Temporary Protected Status (TPS):
- Employment authorization will now be valid for one year or the remaining TPS designation period, whichever is shorter
This change may result in more frequent renewals and additional administrative steps for TPS beneficiaries.
Form I-102 Filing Fee Update
For individuals filing Form I-102 (Application for Replacement/Initial Nonimmigrant Arrival-Departure Document):
- A minimum filing fee of $24 is now required
- Applications submitted without the correct fee will be rejected if postmarked on or after May 29, 2026
Effective Date and Compliance Timeline
- Effective Date: May 29, 2026
- USCIS will begin:
- Rejecting Form I-102 applications without proper fees
- Rejecting asylum applications for failure to pay the AAF
- Public Comment Deadline: June 29, 2026
Key Implications for Applicants
This rule represents a major shift toward increased enforcement and financial accountability in the immigration system:
- Asylum applicants must now actively monitor and comply with ongoing fee obligations
- Errors in filing can result in lost fees and denied applications
- Failure to pay required fees can lead to loss of work authorization and potential removal
- TPS holders may face shorter employment authorization periods
Final Thoughts
The new DHS rule significantly raises the stakes for asylum applicants and others navigating the U.S. immigration system. With stricter fee requirements and immediate consequences for non-compliance, careful preparation and ongoing case management are more important than ever. If you have a pending asylum case or are preparing to file, it is critical to understand these new requirements and ensure full compliance to avoid serious consequences.
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JEREMY L. RICHARDS is the founding partner of Richards and Jurusik and has dedicated his career to U.S. immigration law, with a specialized focus on assisting Canadian and Mexican citizens under the United States-Mexico-Canada Agreement (USMCA) to work and live in the United States. (Full Bio)
