(UNITED STATES) The Department of Homeland Security and the immigration courts have begun rolling out a new two-part fee structure for asylum filings that introduces both an initial charge and a recurring payment while a case remains open. As of 2025, asylum seekers must pay a $100 initial filing fee and a $100 annual fee for every year their application is pending. The new rule applies to cases filed with U.S. Citizenship and Immigration Services (USCIS) and to those filed in immigration court before the Executive Office for Immigration Review (EOIR).
Officials say the change is meant to manage the growing workload and standardize payments across systems. Advocates warn the policy will push some of the most vulnerable applicants toward dismissal if they can’t keep up with the yearly charge.
Key Dates and Which Cases Are Affected
- USCIS (affirmative) filings: fees apply to applications filed or postmarked on or after July 22, 2025.
- Immigration court (defensive) filings: the initial fee became payable on September 23, 2025, after a short period when payment was not possible.
The agencies emphasize that proof of payment must be included with filings in immigration court, and that the annual fee will come due for each year a case stays pending. Failure to pay the annual amount may lead the government to treat the case as abandoned, which can trigger dismissal.
How to Pay — USCIS vs EOIR
- For immigration court cases: pay through the EOIR online payment portal and include the receipt with the submission.
- For affirmative USCIS filings: follow USCIS instructions for paying both the initial fee and the annual fee while the case is pending.
According to analysis by VisaVerge.com, these two charges work together: the first payment covers filing, and the annual payment keeps the case in good standing as time passes.
Important: For court filings, the EOIR receipt must be attached to the filing. Submitting without the receipt can make a filing incomplete and risk downstream problems.
Cases That Move Between Systems
One detail matters when a case shifts forums: if an asylum application was initially filed with EOIR but is later referred to USCIS, the original EOIR filing date controls when the first annual fee comes due. That means the clock for the yearly payment may trace back to the earlier court filing date even if USCIS later handles the case.
Applicants who move between forums should mark the timeline carefully to avoid missing a due date.
Policy Changes Overview
- Core rule: pay $100 to file and $100 each year while the application remains pending.
- Payment channels:
- Immigration court → EOIR payment portal (receipt attached to filing).
- USCIS affirmative → follow USCIS payment instructions.
- Non-payment consequences: the agencies state that not paying the annual fee can cause the government to treat the application as abandoned, potentially leading to dismissal.
These fees are described as part of broader efforts to manage asylum workflows and processing demands. Legal service providers note both the initial and the annual fee are non-waivable — there is no fee waiver for either payment in the materials provided.
Practical Impacts on Applicants and Service Providers
- Missing a $100 annual fee may be enough for the case to be deemed abandoned and then dismissed, even if the underlying protection claim is strong.
- Case managers, attorneys, and legal aid groups must now track an additional yearly deadline per client.
- Community groups that fund filing fees may need to budget for recurring payments rather than a one-time cost.
- Because asylum cases often remain pending for years, the cumulative burden can be significant.
Recommended Actions for Applicants
- Set reminders for the annual fee deadline based on the original filing date and keep records of every payment.
- Use the EOIR payment portal for immigration court cases and attach the receipt to the filing.
- For USCIS affirmative filings, follow USCIS payment instructions and save proof of payment.
- Keep a dedicated folder—digital and paper—with copies of:
- The application itself
- Payment receipts (EOIR and/or USCIS)
- All government notices and filing confirmations
- If the case transfers between EOIR and USCIS, confirm which filing date controls the annual fee due date and update reminders accordingly.
What Non-Payment Means
- Non-payment is treated as abandonment in the policy language, which can lead to dismissal.
- A dismissal is a procedural end to the case, not a determination on the merits of the asylum claim.
- A dismissed case can expose a person to removal unless another remedy is available.
Effects on Families and Communities
- Mixed-status households may face loss of work authorization tied to a pending asylum application if a case is dismissed, impacting income and stability.
- Community organizations may need to increase emergency funds to cover recurring yearly fees for vulnerable clients.
Ongoing Questions and Enforcement
The legal community expects practical questions to persist, such as:
– What qualifies as acceptable proof of timely payment?
– How will payments near deadlines be handled?
– Will agencies provide grace periods or accept late payments in certain circumstances?
For now, the materials point back to the basic rule: pay through the proper channel, keep receipts, and include necessary proof with filings. Applicants should assume the agencies will enforce the due dates and receipt requirements as written until further guidance appears.
Forms and Official Resources
- Affirmative filings with USCIS use Form I-589, Application for Asylum and for Withholding of Removal. The form and guidance are on USCIS Form I-589
- EOIR online payment portal (court payments):
Applicants should print or download receipts immediately after payment and keep copies with their filing materials.
Practical Tips for Record-Keeping and Planning
- Pay the annual fee early enough to obtain and attach a receipt.
- Keep both digital and paper copies of every receipt and notice (suggested filename example: “I-589-Annual-Fee-Receipt-2026.pdf”).
- Consider a brief legal consultation focused on fee timelines and proof requirements if you can afford it.
- Seek workshops or help from community groups for assistance using the EOIR portal and organizing digital receipts if you cannot afford counsel.
Warning: Because the fees apply to applications filed or postmarked on or after the listed dates, people who filed before those dates should still check their records. The materials provided do not state retroactive application, but any notice that requests a fee should be treated as a live deadline.
Final Takeaway
The new two-part fee structure — a $100 initial filing fee plus a $100 annual fee while an application remains pending — creates a recurring obligation and links non-payment to potential abandonment and dismissal. The safest approach is to:
– pay on time through the required portal,
– keep and attach receipts where required,
– and maintain careful calendars and records in case the case moves between EOIR and USCIS.
For official guidance on affirmative asylum filings, see USCIS Form I-589. For immigration court payments, use the EOIR portal at EOIR Payment Portal.
Frequently Asked Questions
This Article in a Nutshell
In 2025, DHS and immigration courts introduced a two-part fee structure for asylum applications: a $100 initial filing fee plus a $100 annual fee for each year a case remains pending. The rule covers affirmative filings with USCIS filed or postmarked on or after July 22, 2025, and immigration court filings with the initial fee payable beginning September 23, 2025. Payment methods differ: EOIR requires online payment and attaching the receipt to court filings; USCIS follows agency instructions. Legal materials state both fees are non-waivable. Failure to pay the annual fee may be treated as abandonment and can lead to dismissal, prompting applicants, attorneys, and support groups to track deadlines, keep receipts, and plan for recurring costs.
