DHS Announces Consequences for Unpaid Annual Asylum Fees, Unveils New H.R. 1 Requirements

The Department of Homeland Security (DHS) is announcing an interim final rule to implement immigration fees and requirements from the H.R. 1 Reconciliation Act of 2025 (One Big Beautiful Bill Act). H.R. 1 created new fees to increase funding for immigration enforcement operations and ensure aliens pay for immigration services.

On July 22, 2025, USCIS published a Federal Register notice implementing a filing fee for Form I-589, Application for Asylum and for Withholding of Removal, and an Annual Asylum Fee (AAF) to be paid each calendar year an asylum application remains pending.

Annual Asylum Fee

In an effort to satisfy the statutory mandate that DHS require payment of the AAF, the interim final rule establishes that if an alien does not pay the AAF within 30 days of notification, USCIS will reject their pending asylum application. If an alien does not have legal status in the U.S., USCIS will also initiate the alien’s removal.

If USCIS rejects an alien’s asylum application, the following additional consequences apply:

USCIS will deny any pending Form I-765, Application for Employment Authorization, based on the asylum application; and
Aliens who were approved to work based on the pending application will lose work authorization immediately.

Additional Updates