The annual asylum fee is a new federal immigration requirement affecting people whose asylum applications remain pending in the United States. Introduced under legislation enacted in July 2025, the fee applies to qualifying pending applications and is separate from the initial asylum filing fee. In 2026, applicants face additional considerations involving inflation adjustments, payment notices, and court challenges affecting enforcement. As of October 31, 2026, the annual fee is $105, following an increase from $102 effective October 16. Understanding these asylum fee updates can help applicants identify their obligations and avoid confusion about payment requirements.
Key Takeaways
- The annual asylum fee increased from $102 to $105 effective October 16, 2026.
- The fee applies to qualifying asylum applications that remain pending for the required period.
- The annual payment is separate from the initial Form I-589 filing fee.
- Federal law does not permit waivers or reductions of the annual asylum fee.
- An August 2026 federal court injunction restricts USCIS from implementing certain consequences for missed payments while litigation continues.
If your asylum application remains pending and you have questions about the new fee, Cho Immigration Law can help you understand the requirements affecting your case. Call 312-853-3088 to discuss your asylum application and payment obligations.
What Is the New Annual Asylum Fee in 2026?
The annual asylum fee is a recurring charge for asylum applications that remain pending. Unlike the initial filing fee, it is connected to the length of time an application remains unresolved. Congress established an initial annual fee of $100 for fiscal year 2025 and required subsequent inflation adjustments.
The amount increased to $102 in January 2026. A further adjustment increased it to $105 effective October 16, 2026, for fiscal year 2027. Applicants should distinguish the current rate from amounts listed on earlier payment notices.
Who Must Pay the Annual Asylum Fee?
The annual asylum fee applies to qualifying applicants whose asylum cases remain pending with U.S. Citizenship and Immigration Services (USCIS) or the immigration courts.
For USCIS cases, the agency identifies applicants whose cases were pending throughout the period from October 1, 2024, through September 30, 2025, as subject to the fee. Applications filed after October 1, 2024, generally become subject to the requirement after remaining pending for 365 days, with further annual payments while they remain pending.
For immigration court cases, the Executive Office for Immigration Review (EOIR) applies its published annual fee requirements and issues written payment orders.
Do Applicants With Older Pending Cases Have to Pay?
Qualifying applicants with older pending cases may owe the annual asylum fee even if they submitted their applications before the fee was introduced. The requirement is based on the pending status of the application and the applicable statutory and agency rules, not simply the original filing date.
Applicants should review their case history and official notices to determine whether a payment is required.
How Do Asylum Applicants Pay the Annual Fee?
The payment process depends on whether USCIS or the immigration courts are handling the application.
For cases pending with USCIS, applicants generally receive a notice explaining the amount owed, payment instructions, and the applicable deadline. USCIS directs applicants to its online annual asylum fee portal. Applicants typically need their Alien Registration Number (A-Number) and asylum application receipt number to complete payment.
For cases pending before an immigration judge or the Board of Immigration Appeals, EOIR uses a separate online payment portal. Applicants should follow the instructions associated with their proceedings.
After payment, retaining the confirmation and tracking information can help resolve questions about whether the fee was received.
What Happens if You Cannot Afford the Annual Asylum Fee?
Federal law does not provide a waiver or reduction of the annual asylum fee based on financial hardship. Applicants who meet the payment requirements must pay the applicable amount even if they have limited income. This can create difficulties for applicants whose cases remain pending for several years, particularly when they face restrictions on employment authorization.
Because fees may increase with inflation, applicants should verify the current amount before submitting payment.
What Happens if You Miss the Annual Asylum Fee Deadline?
Missing a payment deadline can create complications, but the consequences have been affected by federal litigation.
In April 2026, USCIS announced regulations providing for rejection of pending asylum applications when applicants failed to pay within 30 days after notification. However, on August 5, 2026, a federal district court issued an injunction restricting implementation of those nonpayment consequences.
USCIS subsequently reopened its payment portal to allow applicants with overdue fees to submit payment while the litigation continues. The injunction does not eliminate the statutory fee requirement.
Applicants who missed a deadline should therefore avoid assuming either that their application has automatically been rejected or that the payment is no longer required.
Does the Annual Asylum Fee Continue After Asylum Is Granted?
The annual asylum fee is associated with pending asylum applications. Once an application is granted and is no longer pending, the recurring fee for that application no longer applies. However, receiving asylum does not necessarily eliminate a payment obligation that arose while the application was pending.
Why Do the 2026 Asylum Fee Updates Matter?
The annual fee introduces an additional financial obligation for people waiting for asylum decisions, including applicants whose cases have already been pending for years.
The scale of the asylum system provides context for the change. According to the Department of Homeland Security’s Office of Homeland Security Statistics, the United States granted asylum to 54,350 asylees in fiscal year 2023.
For applicants in 2026, the most important considerations are whether their case qualifies for the payment requirement, which agency is handling the application, and what instructions apply to their particular situation.
Get Guidance on the Annual Asylum Fee From Cho Immigration Law
The new annual asylum fee adds another requirement to an already complex immigration process. Applicants with pending cases should understand the current payment amount, applicable deadlines, and how ongoing litigation may affect enforcement.
An asylum immigration lawyer can help review payment notices, determine which procedures apply, and address questions involving pending asylum applications.
Contact Cho Immigration Law at 312-853-3088 to discuss the 2026 annual asylum fee, understand the requirements affecting your application, and receive guidance on your next steps.
