Title 8Aliens and NationalityRelease 119-83

§1802 Asylum fee

Title 8 › Chapter CHAPTER 16— - IMMIGRATION FEES › § 1802

Last updated Apr 18, 2026|Official source

Summary

Any noncitizen who files for asylum must pay a fee when they submit the application. For fiscal year 2025 the fee will be the greater of $100 or an amount the Department of Homeland Security or the Attorney General sets by rule. For fiscal year 2026 and each year after, the fee equals the prior year’s fee plus an increase based on the July change in the Consumer Price Index, then rounded down to the next lowest multiple of $10. Each year, 50 percent of fees from cases handled by the Attorney General go to the Executive Office for Immigration Review and can be spent without extra approval. Fifty percent of fees from cases handled by DHS go to U.S. Citizenship and Immigration Services and into the Immigration Examinations Fee Account and can be spent without extra approval. Any fee money not sent to those two goes to the Treasury’s general fund. The fee cannot be waived or reduced.

Full Legal Text

Title 8, §1802

Aliens and Nationality — Source: USLM XML via OLRC

(a)In addition to any other fee authorized by law, the Secretary of Homeland Security or the Attorney General, as applicable, shall require the payment of a fee, equal to the amount specified in this section, by any alien who files an application for asylum under section 1158 of this title at the time such application is filed.
(b)During fiscal year 2025, the amount specified in this section shall be the greater of—
(1)$100; or
(2)such amount as the Secretary or the Attorney General, as applicable, may establish, by rule.
(c)During fiscal year 2026, and during each subsequent fiscal year, the amount specified in this section shall be equal to the sum of—
(1)the amount of the fee required under this section for the most recently concluded fiscal year; and
(2)the product resulting from the multiplication of the amount referred to in paragraph (1) by the percentage (if any) by which the Consumer Price Index for All Urban Consumers for the month of July preceding the date on which such adjustment takes effect exceeds the Consumer Price Index for All Urban Consumers for the same month of the preceding calendar year, rounded to the next lowest multiple of $10.
(d)During each fiscal year—
(1)50 percent of the fees received from aliens filing applications with the Attorney General—
(A)shall be credited to the Executive Office for Immigration Review; and
(B)may be retained and expended without further appropriation;
(2)50 percent of fees received from aliens filing applications with the Secretary of Homeland Security—
(A)shall be credited to U.S. Citizenship and Immigration Services;
(B)shall be deposited into the Immigration Examinations Fee Account established under section 1356(m) of this title; and
(C)may be retained and expended without further appropriation; and
(3)any amounts received in fees required under this section that were not credited to the Executive Office for Immigration Review pursuant to paragraph (1) or to U.S. Citizenship and Immigration Services pursuant to paragraph (2) shall be deposited into the general fund of the Treasury.
(e)Fees required to be paid under this section shall not be waived or reduced.

Reference

Citations & Metadata

Citation

8 U.S.C. § 1802

Title 8Aliens and Nationality

Last Updated

Apr 18, 2026

Release point: 119-83