Title 8 — Aliens and NationalityRelease 119-73not60

§1808 Annual Asylum Fee

Title 8 › Chapter 16— IMMIGRATION FEES › § 1808

Last updated Apr 3, 2026|Official source

Summary

If an immigrant’s asylum application stays pending, they must pay a yearly fee for each calendar year it remains pending. The fee is required by the Secretary of Homeland Security or the Attorney General, and it is in addition to any other fees the person might owe. For fiscal year 2025 the fee is whichever is higher: $100 or an amount the Secretary of Homeland Security sets. Starting in fiscal year 2026 and each year after, the fee will be last year’s fee plus an increase based on the percent change in the Consumer Price Index for All Urban Consumers for July compared with the same month the year before, rounded down to the nearest dollar. All money collected goes into the Treasury’s general fund, and the fee cannot be waived or reduced.

Full Legal Text

Title 8, §1808

Aliens and Nationality — Source: USLM XML via OLRC

(a)In addition to any other fee authorized by law, for each calendar year that an alien’s application for asylum remains pending, the Secretary of Homeland Security or the Attorney General, as applicable, shall require the payment of a fee, equal to the amount specified in subsection (b), by such alien.

(b)(1)For fiscal year 2025, the amount specified in this section shall be the greater of—

(A)$100; or

(B)such amount as the Secretary of Homeland Security may establish, by rule.

(2)During fiscal year 2026, and during each subsequent fiscal year, the amount specified in this section shall be equal to the sum of—

(A)the amount of the fee required under this subsection for the most recently concluded fiscal year; and

(B)the product resulting from the multiplication of the amount referred to in subparagraph (A) 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 down to the nearest dollar.

(c)All of the fees collected pursuant to this section shall be deposited into the general fund of the Treasury.

(d)Fees required to be paid under this section shall not be waived or reduced.

Reference

Citations & Metadata

Citation

8 U.S.C. § 1808

Title 8 — Aliens and Nationality

Last Updated

Apr 3, 2026

Release point: 119-73not60