DHS tightens consequences for nonpayment of the Annual Asylum Fee
On April 28, DHS announced a new rule related to H.R.1.
If the annual fee for an asylum application (I-589) is not paid within 30 days after notice, USCIS will not only deny the application, but also initiate removal proceedings.
In addition, if the asylum application is denied because of nonpayment, this will lead to other consequences:
- USCIS will also deny the I-765 application for employment authorization if it is pending
- And it will terminate the current employment authorization document under category (c)(8)
Thus, failure to pay the fee leads to the loss of everything connected to the asylum case.
This once again shows how important it is that USCIS has your correct address and that you do not miss the notice.
You can also track the status of Form I-589 in the I-GUIDE tracker. When USCIS sends the notice, the status is updated to “Next Step Is an Interview,” and the status text will say “Before your application can proceed further, you must pay your Annual Asylum Fee.”
Therefore, be sure to check your status at least once a month. Or activate a premium subscription so that updates are tracked automatically.
- iOS App - USCIS Case Tracker
- Android App - USCIS Case Tracker
In addition, in the published rule DHS provided data on I-589 applications pending with USCIS.
DHS projects that more than 550,000 asylum applications will be filed in 2025, and that the number of pending cases will increase to 1.71 million.
It is also clear that DHS does not plan to increase the speed of processing applications and plans to issue only about 25,000 decisions per year, while closing about 90,000 cases without a decision for various reasons. Thus, by 2035, about 4.2 million cases are expected to be pending.
Apparently, people in the future will envy those who received asylum through USCIS in 8-10 years.
In addition, the rule limited work authorization under TPS to 1 year or until the end of status, whichever is shorter.
The rule takes effect on May 29, 2026, and public comments are accepted until June 29.
You can read the full text of the rule here:
https://public-inspection.federalregister.gov/2026-08333.pdf
Disclaimer: The information provided here is for general informational purposes only and does not constitute legal advice. Translations are provided for convenience and may contain errors or omissions. For guidance on your specific situation, always consult official sources or a qualified attorney.
