Many asylum seekers have been alarmed by news reports and social media posts suggesting that all pending asylum cases must pay the new $100 annual fee by September 30, 2025, or risk having their applications dismissed.
The short notice and lack of clear guidance have understandably created confusion and anxiety.
Although the law does require a $100 annual asylum fee for cases pending one year or more, there is not a blanket September 30, 2025, deadline.
Your specific payment deadline will depend on your case and the instructions you receive from the agency or court.
USCIS has confirmed that it will issue individual notices explaining when and how to pay the annual asylum fee for pending applications.
While judges across the country are handling the new rule differently, the government has not yet implemented a clear payment system for accepting annual fees for asylum applications previously filed in immigration court.Here is what we know so far:
● $100 is now required to submit a new asylum application (Form I-589).
● If your asylum case remains pending for one year or longer, you must now pay $100 every year until your case is decided.
Asylum Applications Pending with USCIS (affirmative asylum cases):
New Asylum Applications Filing (going forward):
● Must pay $100 initial filing fee
Pending Asylum Applications filed on or before October 1, 2024:
● Must pay $100 annual fee
● NOTE: For applications pending for more than a year prior to October 1, 2024, you do not need to pay more additional fees for the years it has been pending.
◦ For example: If your application has been pending for 4 years as of September 30, you would only pay $100 this year and $100 each year going forward.
Pending Asylum Applications filed after October 1, 2024:
● Must pay the $100 fee by the one-year anniversary of the filing date and each year after that.
IMPORTANT:
USCIS has indicated it will issue personal notices indicating “when it must be paid, how the fee must be paid, and the consequences for failing to pay.”
● USCIS has not said exactly when they will send this notice or how the process will work.
We will continue to monitor updates from USCIS and EOIR as the government clarifies the payment process.
Asylum Applications Pending with Immigration Court (Defensive Asylum Cases)
EOIR has indicated that the annual asylum fee will apply for all applications that were pending for a year or longer as of July 4, 2025, though EOIR has not indicated how to pay the annual fee.
Asylum Applications filed/to be filed with Immigration Court on or after September 23, 2025:
● $100 filing fee must be paid at the EOIR portal
Asylum Applications filed with Immigration Court between July 4, 2025 and September 22, 2025:
● Between July 4, 2025 and September 22, 2025, there was no way to pay the initial asylum application fee in immigration court.
◦ If you tried to submit your asylum application between July 4 and September 22, 2025 and it was rejected for not paying the fee, you can pay the fee now through the EOIR portal and submit your asylum application again with a copy of the receipt.
◦ If you successfully submitted your asylum application between July 4 and September 22, 2025 it is currently unknown if the immigration court will require you to pay the fee by a certain time. You may consider paying the fee through the EOIR portal to be on the safe side.
Asylum Applications filed with Immigration Court before July 4, 2025:
● The immigration court says that anyone whose asylum application has been pending for at least 1 year as of July 4, 2025 must pay $100 this year.
● But, the immigration court system has not provided information about how to pay the annual fee and has not provided information about how the process will work.
● The online payment portal currently does not have a mechanism or option to pay the Annual Fee.
● You can try selecting “Court - I-589, Application for Asylum (Initial Filing)” option, paying the $100, and printing a copy of your receipt.
● It is unclear if paying the Initial Fee would be sufficient to satisfy the Annual Fee requirement, or if you will be required to pay the $100 again later.
We will continue to monitor updates from USCIS and EOIR as the government clarifies the payment process.
Please contact us if you have questions about how these changes affect your case.
Legal Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal advice specific to your situation, please consult a qualified immigration attorney.
