New DHS Rule Puts Asylum Seekers on Notice: Pay the Annual Fee or Lose Your Case.
On April 28, 2026, the U.S. Department of Homeland Security (“DHS”) announced a new rule affecting all asylum applicants whose cases are pending before U.S. Citizenship and Immigration Services. Effective May 29, 2026, applicants who fail to pay the Annual Asylum Fee introduced in last year’s “One Big Beautiful Bill Act” within 30 days of receiving notice that the payment is due will have their asylum cases rejected and their work authorization terminated.
Who this affects
The new rule applies to individuals who have a Form I-589, Application for Asylum, Withholding of Removal, and Protection under the Convention Against Torture, pending before USCIS, and whose applications have been pending for at least a year.
How this may affect you
If you’re one of the individuals described above, here’s what you need to know:
- USCIS will continue to issue notices the first time an applicant’s annual asylum fee is due. Make sure your mailing address is up to date, and check your USCIS account regularly for new notifications if you filed your application online.
- If an applicant fails to pay the annual asylum fee within 30 days of the notice, USCIS will reject the pending asylum application and revoke any work permit that was issued in connection with the case.
- USCIS will also send the cases of applicants who fail to pay the annual asylum fee to Immigration Court if there is no other basis to remain in the country (such as DACA, TPS, or a U Visa).
The Bottom Line
If you or a loved one has a pending asylum application or holds TPS-based work authorization, this is a good moment to confirm your contact information on file with USCIS, review your case timeline, and reach out to qualified immigration counsel with any questions about how the new rule applies to your situation.
This post is provided for general informational purposes only and does not constitute legal advice. Immigration law is complex and fact-specific; readers should consult an experienced immigration attorney about their individual circumstances.
Sources
DHS to Publish IFR with Penalty for Unpaid Annual Asylum Fees and Other H.R. 1 Requirements (AILA)
DHS Announces Consequences for Unpaid Annual Asylum Fees, Unveils New H.R. 1 Requirements (USCIS)