The Department of Homeland Security (DHS) published an interim final rule on April 29, 2026 establishing real consequences for asylum seekers who don’t pay the Annual Asylum Fee (AAF). The rule took effect May 29, 2026. Public comments closed on June 29, 2026.

The AAF itself isn’t new. U.S. Citizenship and Immigration Services (USCIS) began charging a $100 annual fee on pending asylum applications in 2025 under the One Big Beautiful Bill Act, and that figure rose to $102 for fiscal year 2026 after a routine inflation adjustment. What changed on May 29 is the penalty for not paying it. If an applicant doesn’t pay the AAF within thirty days of USCIS notification, the agency will reject the pending Form I-589. Applicants who lack another form of lawful status at that point can also face removal proceedings, and anyone whose work authorization was tied to the asylum application loses that authorization once the case gets rejected.

Rule Changes

The rule also codifies a few other changes required under H.R. 1:

• Form I-589 filing fee: USCIS will now keep the $100 filing fee even when it rejects the form as improperly filed.
• TPS employment authorization: work permits tied to Temporary Protected Status will now be valid for one year or the remainder of the TPS designation period, whichever is shorter.
• Form I-102: the rule sets a new minimum $24 fee for applicants seeking a replacement or initial nonimmigrant arrival-departure document.

One related change is worth flagging separately, since it’s easy to conflate with this rule: DHS has proposed extending the waiting period for an initial asylum-based work permit from 150 days to 365 days. That proposal was published February 23, 2026, and its comment period closed April 24, 2026, but it hasn’t been finalized and is not part of the AAF rule. It also wouldn’t touch the timeline for filing asylum itself, only the timeline for applying for work authorization once an asylum case is already pending.

Because this is an interim final rule rather than one finalized through standard notice and comment, it’s binding now, even as DHS continues to take public input through June 29. The modified rule went into effect after public comment on June 30, 2026.

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