The U.S. immigration system continues to change rapidly, and one of the newest requirements is the Annual Asylum Fee. Many asylum seekers are unsure who must pay, how to pay, and how the rules differ for people in removal proceedings versus those outside removal proceedings.
This guide explains everything you need to know so you can avoid delays, denials, or serious immigration consequences.
What Is the Annual Asylum Fee?
The Annual Asylum Fee is a mandatory yearly payment required for certain asylum applicants to keep their asylum case active. Failure to pay can result in:
- Rejection of the asylum application
- Loss of eligibility for asylum
- Inability to renew the asylum‑based work permit
- Possible referral to immigration court
This fee applies differently depending on whether the applicant is affirmatively applying with USCIS or defensively applying in immigration court.
Who Must Pay the Annual Asylum Fee?
1. Asylum Seekers Not in Removal Proceedings (Affirmative Asylum Applicants)
These applicants filed Form I‑589 directly with USCIS. https://my.uscis.gov/accounts/annual-asylum-fee/start/overview
They must pay the annual asylum fee every year until:
- Their case is approved
- Their case is denied
- They are placed into removal proceedings
- They withdraw their application
If they fail to pay, USCIS may:
- Reject the asylum application
- Consider the application abandoned
- Deny the asylum‑based work permit
- Refer the applicant to immigration court
2. Asylum Seekers In Removal Proceedings (Defensive Asylum Applicants)
Individuals who are applying for asylum in immigration court (EOIR) — known as defensive asylum applicants — are also required to pay the Annual Asylum Fee under the new 2026 rules.
However, the payment process is different from applicants who file with USCIS.
How Defensive Asylum Applicants Pay the Annual Asylum Fee?
Defensive asylum applicants must pay the fee through the EOIR ePay portal, not through USCIS.
EOIR Payment Portal: https://epay.eoir.justice.gov
Why EOIR Applicants Must Pay?
Although USCIS does not have jurisdiction over asylum cases once they move to immigration court, the Annual Asylum Fee is now required for all asylum applicants, regardless of whether their case is:
- Affirmative (USCIS)
- Defensive (EOIR)
- Transferred from USCIS to EOIR
The fee is tied to the asylum application itself, not the agency handling the case.
What Happens If You Don’t Pay the Annual Asylum Fee?
Failing to pay can result in:
- Automatic rejection of the asylum application
- Loss of eligibility for asylum
- Denial of the asylum‑based work permit
- Referral to immigration court
- Long‑term consequences, including possible asylum bars
This is why it is critical to pay on time every year.
Tips for Asylum Seekers Navigating the Annual Fee
- Pay early — do not wait for reminders
- Keep multiple copies of your payment receipt
- Update your address with USCIS
- Check your USCIS account regularly
- Consult an immigration attorney if unsure whether you must pay
For more information on The Annual Asylum Fee: Who Must Pay and How to Pay, a consultation is your next best step. Get the information and legal answers you are seeking by calling (281) 777-1236 today!
Common Questions We Can Help You With
- What is the new annual asylum fee in the United States?
- Who is required to pay the annual asylum fee?
- How much is the annual asylum fee for asylum seekers?
- When is the annual asylum fee due each year?
- What happens if I don’t pay the annual asylum fee?
- Does the annual asylum fee apply to all asylum applicants?
- Why did USCIS create the annual asylum fee?
- Is the annual asylum fee refundable?
- Can the annual asylum fee be waived?
- How do I know if I owe the annual asylum fee?
- How do I pay the annual asylum fee online?
- Can I pay the annual asylum fee through my USCIS account?
- Does USCIS accept credit cards for the annual asylum fee?
- Can I pay the annual asylum fee by mail or check?
- How do I get a receipt for the annual asylum fee?
- What should I do if my asylum fee payment fails?
- How do I update my payment information for the annual asylum fee?
- Can someone else pay the annual asylum fee on my behalf?
- How do I confirm USCIS received my asylum fee payment?
- What if I never received a notice about the annual asylum fee?
- Do affirmative asylum applicants have to pay the annual asylum fee?
- Do defensive asylum applicants in removal proceedings have to pay the annual asylum fee?
- What is the difference between affirmative and defensive asylum for fee purposes?
- If I am placed in removal proceedings, do I still have to pay the annual asylum fee?
- What happens to my asylum fee requirement if my case moves to immigration court?
- Does EOIR require asylum applicants to pay the annual asylum fee?
- Can the immigration judge waive the annual asylum fee?
- Does the asylum fee apply to people with pending I‑589 cases at USCIS?
- Does the asylum fee apply to people with pending asylum cases at EOIR?
- What if I was supposed to pay the asylum fee before being placed in removal proceedings?
- Does the annual asylum fee affect my asylum work permit renewal?
- Can USCIS deny my work permit if I don’t pay the asylum fee?
- Will my asylum case be rejected if I miss the annual fee deadline?
- Can I still get a work permit if my asylum fee is unpaid?
- Does the asylum fee affect my EAD category (c)(8)?
- Does the asylum fee delay my asylum interview?
- Can I lose my asylum eligibility for not paying the annual fee?
- Will USCIS send reminders about the annual asylum fee?
- Can I reopen my asylum case if it was rejected for nonpayment?
- Does the asylum fee apply to people with withholding‑only cases?
- Do minors applying for asylum have to pay the annual asylum fee?
- Do asylum seekers with pending TPS applications have to pay the asylum fee?
- Does the asylum fee apply to people applying for CAT protection?
- Do people with pending credible fear or reasonable fear cases pay the asylum fee?
- Does the asylum fee apply to people filing for asylum after the one‑year deadline?
- Are refugees required to pay the annual asylum fee?
- Does the asylum fee apply to people who filed asylum before 2026?
- What if I filed asylum many years ago — do I still owe the annual fee?
- Does the asylum fee apply to people with pending appeals at the BIA?
- How can an immigration attorney help with the annual asylum fee?
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