Below we briefly and clearly explain the new fees for asylum cases in the US and how to pay them.

What has changed?

• Initial fee of $100 for filing an asylum application (Form I-589).
• Applies only to new applications filed after the effective date:
• USCIS (affirmative asylum): July 22, 2025.
• Immigration Court/EOIR (defensive asylum): EOIR implemented the fee in July 2025 (policy dated July 17, 2025).
• No exemption (no fee waiver can be requested).
• Annual fee of $100 (Annual Asylum Fee) for each calendar year that the case remains pending (affirmative or defensive).
• It begins to apply in fiscal year 2025; USCIS reported that it will begin charging the fee on October 1, 2025, for cases that remain pending. It is not retroactive to previous years.

Who must pay?

• Initial fee of $100: Those who apply for asylum for the first time after the above dates (USCIS or EOIR) must pay.
• Those who had already applied for asylum years earlier do not have to pay (it is not retroactive).
• Annual fee of $100: This must be paid by all persons with a pending I-589 (affirmative or defensive) starting in 2025 and each subsequent year while the case remains open. There are no exemptions.

How is it paid?

• Affirmative asylum (USCIS)
  
  Initial fee: Paid when filing the I-589 (online or per USCIS payment instructions).
  
  Annual fee: USCIS has set up a portal for the Annual Asylum Fee (AAF); paid online (card or ACH). Save and upload your receipt to your case when USCIS requests it.
• Defensive asylum (EOIR/Court)
  
  Initial fee: paid through the EOIR payment portal and uploaded via ECAS or delivered to the court.
  
  Annual fee: courts apply the same annual requirement under the law; check your court/ECAS notice for each year’s payment window.

What happens if I don’t pay?

• USCIS may reject a new application without the initial payment or send a notice to correct; the annual fee is mandatory while the case is pending.
• EOIR indicated that applications without the new payment may be rejected; if there are problems, the judge may ask for it to be corrected.

If you have any questions about these fees or would like to discuss your immigration case, please contact us and our team will be happy to assist you in scheduling a legal consultation.