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U.S. to impose penalties for unpaid asylum fees

Fee regime under 2025 law expands enforcement-linked costs, affecting asylum, work permits, and TPS holders.

United States Citizenship and Immigration Services (USCIS). / IANS

The U.S. Department of Homeland Security (DHS) on April 28, announced an interim final rule introducing new immigration fees and enforcement measures under the H.R. 1 Reconciliation Act of 2025, also known as the “One Big Beautiful Bill Act.”

The rule establishes penalties for failure to pay the Annual Asylum Fee (AAF), part of a broader statutory framework aimed at increasing funding for immigration enforcement and shifting costs to applicants.

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Under the rule, asylum applicants must pay the AAF each calendar year while their application remains pending. If the fee is not paid within 30 days of notification, U.S. Citizenship and Immigration Services (USCIS) will reject the application. Individuals without lawful status may also face removal proceedings.

The consequences extend beyond application rejection. USCIS will deny any pending Form I-765 (Application for Employment Authorization) linked to the asylum claim, and applicants who had already received work authorization will lose it immediately.

The provision builds on a July 22, 2025 Federal Register notice that first introduced a filing fee for Form I-589 (Application for Asylum and for Withholding of Removal) along with the recurring annual fee requirement. 

The law created a broader fee regime across immigration benefits, including asylum and work permits, with limited scope for fee waivers.

Additional changes under the rule include retention of Form I-589 filing fees even if an application is rejected as improperly filed, and new limits on employment authorization for Temporary Protected Status (TPS) beneficiaries to one year or the remaining designation period, whichever is shorter.

The rule also sets a minimum $24 filing fee for Form I-102 (Application for Replacement/Initial Nonimmigrant Arrival-Departure Document), in addition to existing charges.

The interim final rule will take effect on May 29. From that date, USCIS will reject Form I-102 submissions without the required fee if postmarked on or after the effective date, and will begin rejecting pending asylum applications for failure to pay the AAF.

DHS said it will accept public comments on the rule through June 29.

Discover more at New India Abroad.

 

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