New Immigration Fees Drop: Asylum Seekers Brace for H.R.1 Wallet Hit
Published Date: 4/29/2026
Rule
Summary
Starting May 29, 2026, new immigration fees and rules kick in thanks to the H.R.1 bill. If you’re applying for asylum, work permission, or using Form I-94, expect updated fees and deadlines. These changes affect many immigrants and aim to keep the process clear and fair, with a chance to share your thoughts by June 29, 2026.
Analyzed Economic Effects
4 provisions identified: 0 benefits, 4 costs, 0 mixed.
New I-94 Fee for Form I-102 Filings
Starting May 29, 2026, USCIS will collect a new minimum $24 Form I-94 fee for applicants who file Form I-102 (Application for Replacement/Initial Nonimmigrant Arrival-Departure Document). That $24 is in addition to existing USCIS filing fees (for example, a general Form I-102 paper filing shows $560 + $24 = $584) and the Form I-94 fee is not waivable except when USCIS must correct an I-94 due to its own error.
Asylum Application Filing Fee Retained
USCIS codifies that the required asylum application filing fee (H.R.1 implemented as a minimum $100) must be paid at the time of filing and that USCIS will retain (not return) the fee if a Form I-589 is rejected. The rule notes USCIS retains the fee consistent with 8 CFR 103.2 but that USCIS retains limited discretion to refund in rare circumstances.
Annual Asylum Fee and Nonpayment Consequences
The rule requires a minimum $100 Annual Asylum Fee (AAF) for each calendar year an asylum application remains pending and establishes that USCIS will send individualized notices; applicants have a 30-day online payment window after notice. If the AAF is not paid within that 30-day window, USCIS will reject the pending Form I-589 (terminating the USCIS asylum application), stop accrual toward asylum-related work-authorization eligibility, and, if the alien lacks lawful status, DHS may initiate expedited removal or issue a Notice to Appear; for FY2025-pending cases the AAF liability was tied to being pending at the close of FY2025 (Sept. 30, 2025) or otherwise follows the anniversary rules described in the rule.
One-Year Limit on TPS Employment Authorization
The rule codifies that employment authorization and any associated Employment Authorization Document (EAD) issued based on Temporary Protected Status (TPS) is limited to one year, or the remaining period of designation if shorter. This change is implemented by amendments to 8 CFR 274a.12 and related provisions effective May 29, 2026.
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