The New Annual Asylum (I-589) Fee: What You Need to Know & How It Changes the Immigration Landscape
Introduction: A Historic Shift in U.S. Asylum Policy
In 2025, the U.S. government introduced a sweeping change to asylum policy: for the first time, asylum applicants and those with pending asylum claims will be required to pay an Annual Asylum Fee (AAF) of $100 per year.
This marks a pivotal departure from decades of fee-free asylum filing—and it raises important questions for asylum seekers, legal practitioners, and nonprofit organizations alike. In this article, we explain what the new fee is, who it affects, how it will be implemented, and what legal and practical challenges may arise. We also offer tips on compliance and planning ahead.
What Is the Annual Asylum Fee (AAF)?
Legal Basis & Purpose
The Annual Asylum Fee is established under the “One Big Beautiful Bill” (H.R. 1, also called OBBBA or the 2025 Reconciliation Bill).
For the first time in U.S. history, asylum seekers are required to pay not only an initial filing fee but also a recurring yearly fee while their asylum case remains pending.
The fee is non-waivable and non-reducing: there is no mechanism to request a hardship waiver.
Amount & Frequency
The AAF is set at $100 per calendar year per pending Form I-589 (the application for asylum and withholding of removal).
The first payment is due on the one-year anniversary of when the asylum application was filed. For each subsequent year during which the asylum application is still pending, the $100 fee must be paid again.
The fee applies regardless of whether the case is in affirmative (USCIS) or defensive (immigration court / EOIR) proceedings.
Who Must Pay the AAF & When
Covered Cases
Any alien who filed or files a Form I-589 after Oct. 1, 2024, that remains pending with USCIS for 365 days must pay the Annual Asylum Fee (AAF) as of the one-year anniversary of his or her filing date and each year thereafter that the application remains pending on such day of the calendar year. For the first time the AAF is due, aliens who file for asylum do not need to monitor the time their application has been pending and if the AAF applies to them. 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. USCIS will provide guidance for future years' AAF payments in subsequent issuances.
Applicants in both affirmative (with USCIS) and defensive (immigration court) tracks are covered.
Timing & Notices
USCIS will issue individual notices to asylum applicants when their first AAF payment is due, typically around the first anniversary of filing.
Applicants should monitor their USCIS online account (or EOIR portal for immigration court) to check for payment requests.
Implementation: How to Pay & Where
USCIS (Affirmative Asylum)
For cases before USCIS, the payment of the annual asylum fee must be done online via the applicant’s USCIS account or at https://my.uscis.gov/accounts/annual-asylum-fee/start/overview
Acceptable payment methods include credit cards, debit cards, or ACH transfer (U.S. bank account). Paper checks and money orders are not accepted for the AAF.
EOIR / Immigration Court (Defensive Asylum)
For cases in immigration court, the fee is paid through the EOIR Payment Portal (ePay), https://epay.eoir.justice.gov/index. Applicants must enter their name and A-Number to pay the $100 fee for their asylum proceeding.
As of this writing, the specific mechanics (e.g., reminders, linking to individual case dockets) are still evolving.
Consult an immigration attorney or accredited legal service
Because the new fees are untested in court, legal advice is more critical than ever to protect your rights and ensure procedural compliance.
