4) Does the Annual Asylum Fee affect work permits (EADs)?

No. The AAF is separate from Form I-765 (EAD) filing fees, including for (c)(8) asylum applicants.

6) How do I pay the Annual Asylum Fee in an affirmative USCIS case?

Pay online at https://myaccount.uscis.gov once USCIS posts the Annual Asylum Fee item. Save and print your receipt, and calendar the next annual due date.

7) What happens if I don’t pay while my case is with USCIS?

USCIS may reject or deny filings that lack required fees, and approvals can be revoked upon notice if a required fee was not paid.

8) How do I pay the Annual Asylum Fee if my case is in Immigration Court (EOIR)?

As of this webpage’s date, DOJ/EOIR has not issued instructions for how defensive asylum seekers should submit the annual asylum fee. EOIR acknowledges temporary measures pending system integration. Please revisit this page for updates.

9) Is it correct that payment should be handled like defensive biometrics?

Some immigration judges have intimated that USCIS may collect on DOJ’s behalf, similar to defensive biometrics, but that suggestion is unofficial and lacks sufficient detail to proceed with confidence.

10) What should attorneys do now to protect the record?

Calendar the due date. If no instructions arrive, file a motion for provisional acceptance pending fee submission; document diligence with EOIR/USCIS; once a mechanism is announced, pay promptly and file the receipt into EOIR (ECAS) and serve DHS.

The Annual Asylum Fee under the “One Big Beautiful Bill”

Date of Information: 08/26/2025

Check back soon; we update these materials frequently

Overview of the Annual Asylum Fee (AAF)

The One Big Beautiful Bill (OBBBA / HR-1, Pub. L. 119-21) created a new Annual Asylum Fee (AAF) of $100 per year for all asylum seekers with a pending Form I-589. This fee applies whether your asylum case is before USCIS (affirmative) or in Immigration Court (EOIR, defensive). It is in addition to any other immigration filing fees. There are no waivers and no reductions.

How to Pay in an Affirmative Asylum Case

For applicants who filed Form I-589 affirmatively with USCIS (not in removal proceedings):

Watch for USCIS’s notice: Around the one-year mark of your I-589 filing, USCIS will send you a notice.
Pay online at USCIS: Go to https://myaccount.uscis.gov, log in (or create an account), and find the Annual Asylum Fee item.
Payment methods: Credit card, debit card, or U.S. bank account (ACH). Paper checks and money orders are not accepted.
Save proof: Download the PDF receipt and print a copy. Keep this with your asylum records.
Calendar your next due date: The AAF recurs every 12 months while your case is pending.

How to Pay in an Immigration Court Case (EOIR / Defensive Asylum)

Status as of August 26, 2025:

The U.S. Department of Justice (EOIR) has not promulgated any instructions for how a defensive asylum seeker is supposed to pay the Annual Asylum Fee.
EOIR’s Policy Memo 25-36 admits the fees are “not yet fully integrated into existing payment systems” and allows courts to accept cases provisionally pending later submission of the fee.
Some immigration judges have intimated that the fee might be processed similarly to biometrics fees in defensive cases — i.e., USCIS collecting on EOIR’s behalf. But this guidance is unofficial, inconsistent, and lacks detail.

What to do right now:

Calendar your fee anniversary (one year after filing, then annually).
If no instructions arrive, file a “Motion to Authorize Provisional Acceptance Pending Fee Submission,” citing EOIR PM 25-36’s temporary-measures language.
Document your diligence: keep notes of phone calls, emails, and filings.
Return here for updates: We will update this site as soon as EOIR or USCIS issues authoritative instructions.

👉 Bookmark this page and check back for updated guidance as soon as it becomes available.

Author’s note:
As of today, Charles International Law has not found any DOJ or USCIS guidance specifying:

where to enter credit card information,
where to send a check, or
how to designate the payee line for the Annual Asylum Fee in defensive cases.

There is even widespread confusion among EOIR employees on this issue.

FAQ: Annual Asylum Fee (AAF)

General Questions

1) What is the Annual Asylum Fee and who must pay it?
It’s a $100 yearly fee for anyone with a pending Form I-589. First due on the one-year anniversary of filing, then annually until the case is resolved.

2) When did the Annual Asylum Fee start?
The fee applies beginning FY 2025 (post-July 22, 2025) anniversaries under HR-1 / OBBBA.

3) Is the AAF in addition to other fees?
Yes. The statute makes these fees “in addition to any other fees authorized by law.”

4) Does the AAF affect work permits (EADs)?
No. It is separate from Form I-765 filing fees.

5) Where does the authority come from?
OBBBA (HR-1, Pub. L. 119-21), codified at INA § 286(m), 8 U.S.C. § 1356(m).

For Affirmative Asylum (USCIS)

6) How do I pay in an affirmative case?
Pay online at https://myaccount.uscis.gov once USCIS posts the AAF item. Save your receipt.

7) What happens if I don’t pay with USCIS?
USCIS may reject or deny filings and may revoke approvals if the fee was not paid.

For Immigration Court (EOIR / Defensive)

8) How do I pay in a defensive case?
As of this website’s date, DOJ/EOIR has not issued instructions on how defensive asylum seekers should pay. EOIR acknowledges only that cases can be provisionally accepted until a system is in place.

9) Can I pay the way biometrics fees are paid in defensive cases?
Some immigration judges have suggested that USCIS may collect the AAF the way it collects biometrics fees in defensive cases, but this suggestion is unofficial and lacks sufficient detail to act upon.

10) What should attorneys do now?

Track the due date.
If no instructions are available, file a provisional-acceptance motion citing PM 25-36.
Document your efforts.
Once a mechanism is published, pay immediately and file the receipt into EOIR via ECAS, serving DHS counsel.