Annual asylum fee: how much it is, who pays it and how to pay

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The annual asylum fee (AAF) is a charge created by the H.R. 1 law for asylum applications that stay pending. You pay it to USCIS or to the immigration court (EOIR), depending on where your case is, and the amount changes every year.

How much is the annual asylum fee?

H.R. 1 (Public Law 119-21) created the fee, and it is adjusted for inflation every year. For fiscal year 2027 the annual fee is $105, effective October 16, 2026. Requests postmarked on or after October 16, 2026 without the correct fee are rejected (Federal Register 2026-20187).

Fee (H.R. 1)	Fiscal year 2026	Fiscal year 2027 (from Oct 16, 2026)	Source
Annual asylum fee (pending I-589)	$102	$105	FR 2026-20187
Initial asylum fee (I-589)	$100	$100	FR 2026-20187

The immigration court lists the annual asylum fee at $105 as well (EOIR, Types of Appeals, Motions, and Required Fees).

Who has to pay it, and when?

Anyone whose asylum application has been pending for at least a year. Per EOIR, it applies to anyone whose asylum application was pending for one year or more on or after October 1, 2025. If the application is still pending 365 days after the first fee was due, you pay again, and the same goes for each year after that (EOIR, Payment Portal FAQ, updated Jul 31, 2026).

At USCIS, only the principal applicant on the I-589 pays it, for each year the application stays pending, on top of any other fee (USCIS, Form I-589).

How to pay if your case is in immigration court (EOIR)

1. Go to the EOIR Payment Portal.
2. Under Filing Type, choose “Court – Form I-589, Annual Asylum Fee for Asylum and Withholding of Removal (AAF)”.
3. Enter your A-Number and click “Pay Now”.
4. Save or print the digital receipt right away: it has a Tracking ID, and you won’t get a copy by email.

The immigration judge or the Board of Immigration Appeals (BIA) issues a written order about paying the fee (EOIR, Payment Portal FAQ).

How to pay if your case is with USCIS (affirmative asylum)

Per the USCIS Form I-589 page:

1. Wait for the USCIS notice. USCIS sends a notice to everyone who must pay, with the amount and how to pay. If you have a representative on Form G-28, they get one too.
2. Have your numbers ready. You need your A-Number and the receipt number printed at the top of your annual fee notice.
3. Pay online at my.uscis.gov/accounts/annual-asylum-fee/start/overview.
4. Do it within 30 days of the date USCIS sends the notice.

While the fee remains unpaid, USCIS cannot approve your asylum application (USCIS, Form I-589).

USCIS also says that, since February 5, 2026, it is not collecting the annual asylum fee from Ms. L. v. ICE settlement class members and their qualifying family members, because of a court decision (USCIS, Form I-589).

What happens if I don’t pay?

Cases with USCIS. If you don’t pay within 30 days of the notice, USCIS rejects your pending asylum application. If you don’t have legal status in the U.S., USCIS also starts removal proceedings. When USCIS rejects the asylum application, it also denies any pending Form I-765 based on it, and anyone already approved to work based on that application loses work authorization immediately (USCIS alert of Apr 28, 2026; interim final rule, FR 2026-08333, effective May 29, 2026).

Cases in court (EOIR). The immigration judge or the BIA issues a written order about paying the fee (EOIR, Payment Portal FAQ). Read that order carefully.

Can I get a fee waiver?

No. USCIS says you cannot request a waiver of the annual asylum fee (USCIS, Form I-589). The current G-1055 (edition 10/16/26) says you may not request a fee waiver, on Form I-912 or in writing, of the fees required by Public Law 119-21 (USCIS, G-1055). In court, EOIR does not allow a waiver or a reduced fee either (EOIR, Types of Appeals, Motions, and Required Fees).

If you have questions about your own case, talk to an immigration attorney or an accredited representative.

Check your case before and after you pay

• If your case is in court: EOIR case status by A-Number.
• If you’re not sure which system has your case: how to check your case with USCIS and EOIR.
• For your work permit: the asylum clock.
• For every other fee: USCIS fees 2026.

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Updated October 20, 2026. Official sources: Federal Register 2026-20187, EOIR Payment Portal FAQ, USCIS I-589 and USCIS G-1055. How we verify every fact: methodology. This guide is general information, not legal advice: read the disclaimer.