Effective July 22, 2025, the federal law H.R. 1 created new, non-waivable fees affecting both asylum applications and asylum-based work authorization filings. The U.S. Citizenship and Immigration Services (USCIS) has begun implementing these changes, and many applicants are unsure when and how to pay.

This article explains the key rules for individuals whose asylum cases are pending with the USCIS Asylum Office(affirmative asylum applicants).

1. Overview of the New Asylum Fees

Under H.R. 1, asylum seekers now face two new mandatory fees:

  • $100 filing fee for new Form I-589 applications, and
  • $100 annual fee for applications that remain pending for one year or longer.

These fees cannot be waived—even for applicants who qualify for traditional fee waivers on other immigration forms.

2. Annual Fee for Pending Cases

For asylum applications filed before October 1, 2024, the annual $100 fee applies only if the application remains pending on or after September 30, 2025.

At this time, USCIS has not yet issued payment instructions for pre-October 2024 cases. Instead, the agency will send personal notices explaining:

  • when the fee must be paid,
  • how to pay it, and
  • what happens if payment is not made.

Until you receive such a notice or updated public guidance, you are not required to make any payment.

3. USCIS vs. EOIR: Don’t Confuse the Systems

The EOIR payment portal applies only to asylum applicants in Immigration Court (defensive cases).
If your case is pending with the USCIS Asylum Office, you should not use EOIR’s online payment link.
USCIS will handle its own payment collection separately.

4. Upcoming Payment Method Changes

USCIS currently accepts payments by check, money order, credit card, or ACH. However, beginning October 28, 2025, USCIS will no longer accept checks or money orders, requiring all payments to be made electronically.

5. New Fees for Asylum-Based Employment Authorization (EAD)

H.R. 1 also introduced additional surcharges for Employment Authorization Document (EAD) applications based on a pending asylum case (category (c)(8)):

  • $550 additional fee for initial EADs, and
  • $275 additional fee for renewal EADs.

The total renewal cost is now $745 online or $795 by mail. The $275 surcharge cannot be waived.

6. What You Should Do Now

If your asylum application is pending with USCIS, you should:

  • Wait for an official notice or general USCIS instructions before paying;
  • Keep your address and email updated with USCIS; and
  • Check your USCIS online account for updates.

You do not need to make any payment until USCIS directs you to do so.

7. Official Resources and References

8. Need Assistance?

If your asylum case is pending and you have questions about the new USCIS fee requirements, our attorneys can help. We monitor policy updates daily and will ensure you remain compliant once USCIS finalizes its payment process.

Contact us today to schedule a consultation and get individualized guidance for your case.