Information checked October 21, 2026. Immigration rules and court orders can change. This article provides general information, not advice about an individual case.
The annual asylum fee depends on where the application is pending, the applicable anniversary, and the instructions issued in that case. A USCIS notice and an immigration judge’s order are not interchangeable. Applicants should keep their notices and payment receipts and confirm the requirements with counsel.
How Much Is the Annual Asylum Fee?
The current fiscal year 2027 amount is $105. USCIS announced its inflation-adjusted amount effective October 16, 2026 in its FY 2027 fee bulletin. EOIR’s Forms & Fees page also lists $105. Agency implementation dates and the payment instructions still matter.
The annual fee is different from an initial asylum filing fee, an employment authorization fee, or an employer’s Asylum Program Fee. Paying one does not automatically satisfy another. The annual asylum fee is not eligible for a fee waiver or reduction.
USCIS Cases: Start With Your Notice
USCIS’s annual asylum fee payment guidance describes applicants whose Form I-589 was pending throughout October 1, 2024 through September 30, 2025, as well as later filings that remain pending for 365 days. The guidance describes annual payments while the application remains pending.
For the first payment, USCIS says it will issue an individual notice explaining the amount, deadline, payment method, and consequences. Save that notice and review it with your attorney. If the anniversary has passed without a notice, ask counsel to check the case and current agency instructions rather than assume either that no fee is due or that a payment in an unrelated account will resolve the issue.
Immigration Court and BIA Cases: Review the Written Order
EOIR states that an asylum application pending for one year or more on or after October 1, 2025 is subject to the annual fee, with later payments after additional 365-day periods. The immigration judge or Board of Immigration Appeals will provide a written order about payment. A case on appeal may involve a BIA notice and deadline even if a judge previously discussed fees in court.
| Where the case is pending | What to check |
|---|---|
| USCIS | Individual fee notice, filing anniversary, current USCIS payment instructions, and receipt. |
| Immigration court | Written order or applicable standing order, the stated deadline, and proof filed in the case. |
| BIA appeal | BIA payment notice or order and its call-up date; do not rely solely on prior court instructions. |
| Family with derivatives | Which people and A-numbers the order covers, and whether separate notices or payments are required. |
Does One Payment Cover the Whole Family?
Do not assume that it does. W&O attorneys have encountered different instructions in court and at the BIA concerning derivatives included on a Form I-589. Identify the principal applicant and each derivative, collect every notice, and ask counsel to resolve conflicting instructions for the actual case. A relative’s receipt should not be treated as proof that another person’s obligation was satisfied.
What Does the Injunction Mean?
USCIS’s payment guidance describes an August 5, 2026 injunction in Venezuelan Association of Massachusetts v. USCIS, No. 26-cv-13038-NMG, concerning implementation of consequences for failure to pay the annual asylum fee. It says applicants who missed their payment date may pay through the reopened portal while the case proceeds.
That is not the same as permanently cancelling the fee. Nor should applicants assume that a USCIS-related order automatically eliminates every immigration-court deadline. Review the current order’s scope, the agency handling the case, and your own payment notice with counsel. Do not ignore a notice based on an older headline or social-media post.
Keep a Clear Payment Record
- Confirm where the I-589 is pending and who is included.
- Check the current fee and the written notice or order.
- Use the correct official agency payment system and identifying information.
- Save the payment confirmation and provide it to your attorney.
- Calendar the next review date and monitor later agency or court instructions.
Frequently Asked Questions
Is the annual asylum fee currently $105?
The fiscal year 2027 amount listed by USCIS and EOIR is $105. Confirm the current schedule and instructions before paying.
Does the injunction mean I never need to pay?
No. The USCIS guidance describes limits on implementing nonpayment consequences, not a permanent repeal of the fee. Review the current order and your case-specific instructions.
Can I assume my family member’s receipt covers me?
No. Check the people and A-numbers covered by the written instructions, especially when separate notices have been issued.
Get Guidance for Your Immigration Case
Wilner & O’Reilly can review your documents, timing, and available options. Contact our immigration attorneys to discuss your situation.
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