DHS Announces Serious Consequences for Unpaid Asylum Fees — What You Need to Know Before May 29

Greg V
May 8
3 min read

On April 28, 2026, the Department of Homeland Security announced an interim final rule implementing new immigration fees and requirements under the H.R. 1 Reconciliation Act of 2025 — also known as the One Big Beautiful Bill Act. The rule takes effect May 29, 2026, and carries significant consequences for asylum applicants, TPS holders, and others with pending immigration filings.

Background: Where These Rules Come From

H.R. 1 created a series of new immigration fees intended to increase funding for enforcement operations and require immigrants to pay for immigration services. On July 22, 2025, USCIS published a Federal Register notice implementing a filing fee for Form I-589 (Application for Asylum and for Withholding of Removal) and an Annual Asylum Fee (AAF) — charged each calendar year an asylum application remains pending.

The Annual Asylum Fee: Strict Consequences for Non-Payment

This is the most critical part of the new rule. If an asylum applicant does not pay the AAF within 30 days of being notified by USCIS, the following will happen:

USCIS will reject their pending asylum application.
If the applicant has no legal immigration status in the U.S., USCIS will initiate removal proceedings.
Any pending Form I-765 (Application for Employment Authorization) based on the asylum application will be denied.
Applicants who were already approved to work based on their pending asylum case will lose work authorization immediately upon rejection.

These consequences are severe and largely automatic. There is no indication of a grace period beyond the 30-day payment window.

Additional Changes Under the New Rule

Form I-589 Filing Fee — Non-Refundable If Rejected

Previously, if USCIS rejected a Form I-589 as improperly filed, the filing fee may have been returned. Under the new rule, USCIS will keep the filing fee even if the form is rejected for improper filing. Applicants must ensure their applications are complete and properly prepared before submission.

Temporary Protected Status (TPS) Work Authorization Shortened

USCIS is updating regulations to limit the employment authorization period for TPS holders to one year or the remaining TPS designation period — whichever is shorter. TPS recipients who currently hold longer work authorization documents should monitor renewal deadlines carefully.

Form I-102 Now Requires a Minimum $24 Fee

The rule establishes a minimum $24 fee for Form I-102 (Application for Replacement/Initial Nonimmigrant Arrival-Departure Document), in addition to any other required fees. USCIS will reject any Form I-102 postmarked on or after May 29, 2026 that does not include the proper filing fee.

Key Dates

May 29, 2026 — Interim final rule takes effect. USCIS will begin rejecting pending I-589 applications for unpaid AAF. I-102 rejections for missing fees also begin.
June 29, 2026 — Deadline for public comments on the interim final rule.

What You Should Do Now

If you or someone you know has a pending asylum application, it is critical to act immediately:

Verify whether you have received an AAF payment notice from USCIS.
Pay the AAF before your 30-day deadline — do not wait.
If you are a TPS holder, check your current work authorization expiration date and plan for shorter renewal cycles.
If you need to file a Form I-102 on or after May 29, ensure the $24 minimum fee is included.

The stakes are high: rejection of an asylum application does not just end one filing — it can trigger immediate loss of work authorization and removal proceedings for those without legal status.