DHS has published an interim final rule tightening enforcement of the Annual Asylum Fee (AAF) and implementing additional H.R. 1 requirements for asylum applicants and other immigration benefit filers. The rule will be effective May 29, 2026, and carries serious consequences for failure to pay, including automatic rejection of pending asylum applications and initiation of removal proceedings.
What changed
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).
Annual Asylum Fee enforcement: 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.
Form I-589 filing fee treatment: USCIS will now keep the filing fee for Form I-589 if the agency rejects the form as improperly filed.
TPS employment authorization limits: USCIS is updating regulations limiting the employment authorization period for those under TPS to one year or the remaining TPS designation period, whichever is shorter.
Form I-102 fee requirement: The rule establishes a minimum $24 fee to file Form I-102, Application for Replacement/Initial Nonimmigrant Arrival-Departure Document, in addition to other required fees.
Effective dates: The interim final rule is effective May 29, 2026. USCIS will reject any Form I-102 without the proper filing fee if it is postmarked on or after May 29, 2026. Additionally, USCIS will reject pending Form I-589 asylum applications for aliens who fail to pay the AAF effective May 29, 2026.
Why it matters
This rule creates a critical compliance deadline for asylum applicants. USCIS will issue personal notices to aliens when their annual asylum fee is due, which will include the amount of the fee, when it must be paid, how the fee must be paid, and the consequences of failing to pay. However, the 30-day payment window is non-negotiable—missing it triggers automatic rejection and, if the client lacks legal status, removes them into deportation proceedings.
For practitioners:
- Asylum applicants: Failure to pay the AAF by the deadline is no longer merely a procedural slip. It now results in outright rejection and potential removal, not just a notice to cure.
- Filing strategy: The rule creates incentive to file I-589 applications before May 29, 2026, to avoid the immediate 30-day AAF payment clock if the application remains pending past one year.
- TPS clients: Any TPS holder who has filed for EAD renewal or extension will now face a limit of one year of employment authorization validity, shortening the practical duration of work permission.
- I-102 filers: Any client needing a replacement Arrival-Departure Record now must pay a minimum of $24 in addition to any other required fees.
DHS will receive public comments submitted on or before June 29, 2026, which may result in modifications to the rule before final implementation.
Way forward
- Notify asylum clients immediately: Review all pending I-589 cases to determine when AAF notices will be issued and ensure clients understand the 30-day payment deadline and consequences of non-payment.
- Establish client payment tracking systems: Create a docket or reminder system to track AAF payment due dates and confirm payment has been received by USCIS (online payment only).
- Advise on fee waivers or reductions: Counsel clients on whether they may qualify for a fee waiver or reduction under Form I-912. Ensure they understand that fee waiver requests must be filed before the 30-day deadline to be effective.
- Update TPS representations: For any TPS clients requesting EAD renewal or extension after May 29, 2026, advise them that employment authorization will be limited to one year or the remaining TPS designation period, and plan filing accordingly.
Disclaimer
This article is informational only and does not constitute legal advice. Immigration law is complex and frequently changes without notice. The rules described here are subject to judicial review and may be modified before or after the May 29, 2026 effective date. You should consult with a licensed immigration attorney for advice specific to your situation and verify all information against the primary source linked above before taking action on behalf of a client.