Annual asylum fee: what it is, who pays, and where

If you have an asylum application pending in the United States, you have probably heard about the annual asylum fee. It is a new charge, created in 2025, and it raises a lot of questions: how much it is, where you pay it, who has to pay it, and what happens if it isn’t paid on time.

This article is general information, not legal advice. For guidance on your specific case, talk to a licensed immigration attorney or a Department of Justice (DOJ) accredited representative working for a recognized organization.

What the annual asylum fee is

The federal law known as Public Law 119-21 (also called “H.R. 1”), signed on July 4, 2025, created several new charges related to asylum. One of them is an annual fee that applies for each calendar year an asylum application remains pending.

Put simply: as long as your Form I-589 has no final decision, you may owe this fee every year. It is not the cost of filing the application. It is a recurring payment tied to how long the case stays open.

A few key points:

• The amount is set by law and adjusted for inflation, so it can change.
• Both USCIS and the Executive Office for Immigration Review (EOIR) have published instructions for paying it.
• Rules and payment procedures can be updated, so the safe move is to check the official sources every time.

We won’t give you a figure in this article. We’d rather you take it straight from the official source, because an outdated number can cause you more trouble than having no number at all.

Who has to pay it

According to the official instructions, the annual fee relates to asylum applications that remain pending. In general, that includes affirmative cases waiting for a decision at USCIS and defensive cases before an immigration judge.

Every situation has nuances. For example, questions can come up if your case moved from USCIS to the court, if you have family members included in your application, or if your case changed recently. In those situations, read the official instructions carefully and, if you still have doubts, talk to a licensed immigration attorney.

If you’re not sure whether your case is affirmative or defensive, our article on the I-589 asylum process, affirmative vs. defensive can help.

Where to pay: USCIS or EOIR

Where you pay generally depends on where your asylum application is pending.

Where your case is	Who published instructions	Where to check
Affirmative asylum, pending at USCIS	USCIS	USCIS filing fees
Defensive asylum, before an immigration judge	EOIR	EOIR website

If your case is with USCIS

USCIS publishes its fees and payment instructions on its official website. Check the filing fees page and the USCIS asylum page. If you have a USCIS online account, also keep an eye on any notices that show up there.

If your case is in immigration court

EOIR has also published instructions for people whose asylum application is pending before a judge. Look for them at justice.gov/eoir. To confirm that your case is active and which court has it, you can use EOIR’s automated system; we walk through it step by step in how to check your immigration court case.

Many people with a case in court, in addition to paying, file a copy of the receipt with the court and serve it on DHS (the ICE government attorney’s office), usually with a “Notice of Filing” and a certificate of service. Review EOIR’s official instructions to see what applies to your case.

Always keep proof of payment

This sounds simple, but it is one of the most important points. If you pay the annual fee, keep the receipt somewhere safe and make copies.

We suggest that you:

1. Download or print the payment receipt as soon as you get it.
2. Keep a digital copy (photo or PDF) and a paper copy.
3. Write down the payment date, the amount and the confirmation number.
4. Organize receipts by year, since the fee can recur while the case stays open.
5. Bring copies to your appointments or hearings in case you are asked for them.

A well-kept receipt lets you show that you complied if any question comes up later.

What happens if it isn’t paid

Not paying the annual fee when it is due can have serious consequences for your case. The specific consequences and deadlines are described in the official USCIS and EOIR instructions, and they can change. Read them carefully.

If a payment date has already passed or you received a notice you don’t understand, don’t put it off. Check the official source and, if your situation is complicated, get guidance from a licensed immigration attorney as soon as possible.

Watch out for scams

Every time a new charge appears, so do people trying to take advantage of it. Keep this in mind:

• Pay only through the official channels that USCIS or EOIR indicate.
• Be wary of WhatsApp messages, emails or calls asking you to pay “urgently” through a link.
• No one from the government will ask you to pay with gift cards, cryptocurrency or transfers to an individual.
• If someone tells you that paying the fee “secures” your asylum, walk away: the fee does not decide your case.

USCIS has a page on how to avoid scams, and you can report fraud at reportfraud.ftc.gov.

How ALIA360 can help

At ALIA360 (TU ALIADO EN INMIGRACION LLC) we are document preparers, not attorneys. We can help you organize your annual asylum fee receipts, prepare the filing many people use to submit proof of payment to the court, mail it by USPS with tracking, and keep everything saved in your client portal, while you file your case yourself (pro se). If we see that your situation needs an attorney, we tell you plainly and can connect you with a licensed attorney. Our team works primarily in Spanish.

Next steps

1. Confirm where your asylum application is pending: USCIS or immigration court.
2. Read the current official instructions from the agency that applies to you.
3. Pay only through official channels and keep the receipt.
4. If your case is in court, check what you need to file with the judge and serve on DHS.

If you’d like help organizing your documents, reach out through our contact page and we’ll explain how we work.