Got a pending asylum case or immigration matter? New immigration fees and asylum payment requirements from the H.R. 1 Reconciliation Act kick in May 29, 2026. These fees pump more money into immigration enforcement and shift costs directly to immigrants seeking services. The game has changed for how asylum cases get processed. Time’s running out to get your case in order.
What These H.R. 1 Fee Changes Actually Mean
The One Big Beautiful Bill Act (H.R. 1) became law July 4, 2025, adding new fees and requirements to immigration law. DHS rolled out an interim rule to make these H.R. 1 fee requirements official.
Here’s what’s hitting hardest:
- An Annual Asylum Fee (AAF) requiring every person with a pending asylum application to pay $102 per year for each calendar year the application remains pending
- New Form I-94 fee requirements and validity period limitations for certain types of employment authorization
- Inflation-adjusted fees, with the parole fee increased to $1,020 for FY 2026
- USCIS retention of filing fees for Form I-589 even if rejected as improperly filed, plus a minimum $24 fee for Form I-102
The annual asylum fee is $102 as of February 1, 2026, and it is not possible to apply for a fee waiver. The fee is adjusted annually for inflation, starting at $100 and currently $102 for fiscal year 2026, and will increase slightly each year.
How This Affects Asylum Seekers and Immigration Applicants
The new requirements create immediate and ongoing obligations for thousands of immigrants nationwide. If your asylum application has been pending for more than 1 year, USCIS can charge the annual asylum fee at any time, giving you only 30 days to pay.
If an alien does not pay the Annual Asylum Fee (AAF) within 30 days of notification, USCIS will reject their pending asylum application. If an alien does not have legal status in the US, USCIS will also initiate the alien’s removal.
Additional consequences include:
- USCIS will deny any pending Form I-765 Application for Employment Authorization based on the asylum application, and aliens who were approved to work will lose work authorization immediately
- Employment authorization periods for Temporary Protected Status (TPS) holders are now limited to one year or the remaining TPS designation period, whichever is shorter
- Immigration judges can set very short deadlines—sometimes as little as one day to pay the fee. If you do not pay by the deadline, the judge will likely deny or dismiss your asylum case
Following a federal court case, the judge granted the government’s Motion to Lift the Stay on February 2, 2026. Both USCIS and immigration courts can now charge the annual asylum fee again.
What You Should Do Now
Immediate action is essential to protect your immigration status and avoid case dismissal. Here are the critical steps you must take:
For Asylum Cases:
- Check your mail and email for any fee notices from USCIS or the immigration court
- Log into your USCIS online account to verify if fees are due
- Use the USCIS website to check if your annual asylum fee is due. If required to pay, you should see a blue “Pay and Submit” button. If not due yet, you’ll see an alert stating the payment is not due at this time
- If your case has been pending and you have not yet paid, you should either pay proactively or consult an attorney. Do not wait for a notice—by the time you receive one, the deadline may be extremely short
For All Immigration Matters:
- Review all pending applications for new fee requirements
- Ensure any immigration benefit request postmarked on or after January 1, 2026, includes proper filing fees, as requests without correct fees will be rejected
- Consult with experienced immigration services attorneys to understand how these changes affect your specific case
- Submit proof of payment to immigration court and government attorneys, providing copies by mail, in person, or at filing windows
Payment and Compliance:
- If you receive a notice or order requiring payment of the annual asylum fee, pay it by the deadline if you can
- Keep detailed records of all payments and correspondence
- Monitor your case status regularly for additional fee notices
Why Choose Tez Law P.C.
Navigating the complex H.R. 1 fee requirements requires experienced legal guidance to protect your immigration status and future in the United States. At Tez Law P.C., managing attorney JJ Zhang (California Bar #326666) provides comprehensive immigration services to clients nationwide, ensuring full compliance with evolving federal requirements.
Our firm offers:
- Nationwide Immigration Practice: We handle immigration cases across the entire United States, understanding federal requirements and regional variations
- Current Compliance Expertise: Our team stays updated on all H.R. 1 implementation details and fee adjustments
- Comprehensive Case Management: From asylum applications to employment authorization, we manage all aspects of your immigration matter
- Proactive Client Communication: We monitor deadlines and fee requirements to prevent case dismissals and compliance issues
- Multi-Practice Support: In addition to immigration law, we provide personal injury attorney services and comprehensive legal representation
Our West Covina, California office serves clients nationwide with personalized attention and strategic legal advocacy tailored to your specific immigration goals and challenges.
Frequently Asked Questions
When do the new H.R. 1 immigration fees take effect?
The interim final rule implementing H.R. 1 immigration fees and requirements is effective May 29, 2026. Any immigration benefit requests postmarked on or after this date without proper filing fees will be rejected. The annual asylum fee collection resumed February 2, 2026, following the end of a federal court stay.
How much is the annual asylum fee and can it be waived?
The annual asylum fee is $102 for fiscal year 2026, adjusted annually for inflation. Fee waivers are not available for the annual asylum fee under H.R. 1. Every person with a pending asylum application must pay this fee for each calendar year the application remains pending after one year from filing.
What happens if I don’t pay the annual asylum fee on time?
Failure to pay the annual asylum fee within 30 days of notification will result in USCIS rejecting your pending asylum application. If you don’t have legal status in the US, USCIS will also initiate removal proceedings. Additionally, any pending employment authorization applications will be denied, and existing work authorization will be immediately terminated.
The H.R. 1 immigration fee implementation represents one of the most significant changes to immigration law in recent years, creating urgent compliance obligations for thousands of immigrants nationwide. Whether you have a pending asylum case, employment authorization application, or other immigration matter, professional legal guidance is essential to navigate these complex new requirements successfully. Contact Tez Law P.C. today for a free consultation to discuss how these changes affect your specific situation and develop a comprehensive compliance strategy to protect your immigration status and future in the United States.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Contact Tez Law P.C. at 626-678-8677 or [email protected] for advice specific to your situation. Results may vary.