What happens on May 29, 2026
On April 28, 2026, DHS published an interim final rule that sets May 29, 2026 as the effective date for enforcing the Annual Asylum Fee (AAF) created by OBBBA. From May 29 onward, USCIS will REJECT pending Form I-589 asylum applications whose applicants fail to pay the AAF within 30 days of notification.
Rejection is NOT a pause. It is a termination. The consequences are immediate:
- Any pending I-765 (EAD) application is denied.
- An existing EAD card is revoked the day the I-589 is rejected.
- If you have no other legal status (no H-1B, no green card, no TPS), removal proceedings will be initiated against you.
- The original I-589 filing fee is NOT refunded.
- You may refile, but the new application starts fresh - earlier filing date is lost, and the new AAF cycle begins.
This applies to any I-589 application pending more than 1 year as of any date after July 4, 2025 (the OBBBA signing date).
How much is the Annual Asylum Fee
The AAF is $1,200 per calendar year that the application remains pending. The fee is owed every year the case is open. USCIS will send individual notifications by mail and through the applicant's online account.
- Trigger: application pending more than 1 year as of a date after July 4, 2025.
- Example: I-589 filed July 7, 2024 and still pending July 7, 2025 = first AAF owed.
- Payment window: 30 days from the date USCIS sends the notification.
- Non-payment: rejection of the I-589 case.
- OBBBA prohibits fee waivers - there is NO hardship exception under current law.
How to pay the Annual Asylum Fee
USCIS will notify you when payment is due. The notification arrives by physical mail AND in your USCIS online account. Do not wait for the paper notice - check your online account weekly.
- Sign in to my.uscis.gov with the email used for your I-589 filing.
- Look for an alert in the dashboard labeled 'Annual Asylum Fee due'.
- Select 'Pay Fee' and choose: credit card, debit card, or ACH bank transfer.
- Print the payment receipt and save the confirmation PDF.
- Keep proof of payment for at least 3 years after your case is resolved.
If you believe you owe the AAF but have not received a notice within 30 days of your 1-year filing anniversary, contact the USCIS Contact Center at 800-375-5283. Do not assume you are exempt. For broader case status guidance, see USCIS case status.
Who is affected
| Situation | Subject to AAF? |
|---|---|
| I-589 asylum application pending more than 1 year | Yes |
| I-589 pending less than 1 year | Not yet - triggers at the 1-year mark |
| Asylum already granted | No |
| Asylum denied and on appeal at BIA | Depends on BIA case status |
| Withholding of removal only (no asylum eligibility) | Yes |
| Unaccompanied minor with pending I-589 | Unclear - confirm with attorney |
| TPS holder with separately pending I-589 | Yes for the I-589 case |
| Asylee adjusting status (I-485 from asylum grant) | No |
If you fall into the 'Depends' or 'Unclear' categories, do not assume you are exempt. Pay the fee while contesting the obligation.
What if you cannot afford the fee
OBBBA explicitly prohibits fee waivers for the AAF. There is no hardship exception, no I-912 fee waiver, and no income-based exemption under the law as enacted.
- ASAP (Asylum Seeker Advocacy Project) filed a complaint challenging retroactive AAF implementation.
- Legal aid organizations argue the rule violates procedural due process for applicants who filed before OBBBA enactment.
- The public comment period runs until June 29, 2026.
- No injunction has been issued - collection continues during litigation.
If you cannot pay, contact a legal aid provider immediately:
- Asylum Seeker Advocacy Project (asylumadvocacy.org)
- National Immigration Justice Center (immigrantjustice.org)
- CLINIC - Catholic Legal Immigration Network (cliniclegal.org)
- Your local county bar association referral service
The law as written does not allow USCIS to waive this fee. If you cannot pay, you need legal representation, not silence.
Other OBBBA fees effective May 29
The same interim final rule formalizes several other OBBBA fee changes:
- Form I-102 (replacement I-94) filing fee: minimum $24 - previously waivable in some cases.
- TPS work authorization duration: limited to 1 year or the remaining TPS designation, whichever is shorter.
- I-589 initial filing fee: $100 retained even if the application is rejected for AAF non-payment.
- I-94 immigration fee at port of entry: $40 per person.
For the full OBBBA fee landscape and history, see OBBBA immigration changes.
Legal challenges
Several lawsuits are challenging the AAF's implementation:
- ASAP v. USCIS - challenges retroactive application of AAF to pre-OBBBA filings.
- Multi-state attorneys general have filed parallel complaints raising due process arguments.
- Public comment period: open until June 29, 2026 at regulations.gov.
- No nationwide injunction is in place. Collection continues during litigation.
Pay the fee to protect your case while litigation proceeds. If a court strikes down the rule, you may be entitled to a refund. If you fail to pay and the rule is upheld, your case is dead.
Timeline of asylum fee implementation
| Date | Event |
|---|---|
| Jul 4, 2025 | OBBBA signed into law - Annual Asylum Fee created |
| Jul 22, 2025 | USCIS notice implementing the I-589 filing fee and AAF |
| Apr 28, 2026 | DHS interim final rule published - consequences defined |
| May 29, 2026 | EFFECTIVE DATE - rejections begin |
| Jun 29, 2026 | Public comment period closes |
| TBD 2026-2027 | Final rule expected after comment review |
Frequently asked questions
How do I know if I owe the Annual Asylum Fee?
If your I-589 has been pending more than 1 year as of any date after July 4, 2025, you owe the AAF. USCIS will send a notification by mail and through your online account when payment is due.
Can I pay the AAF by credit card?
Yes. USCIS accepts credit card, debit card, and ACH bank transfer through your my.uscis.gov account. Print the receipt and save the confirmation PDF immediately.
What happens to my EAD if my application is rejected?
Your existing EAD is revoked effective the date of rejection. Any pending I-765 application is denied automatically. You cannot legally work in the US from that day forward.
Can I refile after rejection?
Yes, you may refile Form I-589, but as a new case. The earlier filing date is lost (which affects asylum-clock and EAD-eligibility timing), and a new AAF cycle begins. Filing fees from the rejected case are NOT refunded.
Does my child's asylum application require its own AAF?
If the child filed as a derivative on your I-589, no separate AAF. If the child filed an independent I-589, yes - separate AAF applies to each pending application.
What about withholding of removal?
Withholding-only applicants are subject to the AAF on the same terms as asylum applicants. Confirm with your attorney whether your I-589 is asylum, withholding, or both.
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