In late October 2025, a federal judge temporarily blocked USCIS from collecting the new Annual Asylum Fee (AAF). Under H.R. 1 (the FY 2025 budget “One Big Beautiful Bill”), a $100 annual fee was imposed on every pending asylum case after the first year.
In practice, this meant an asylum applicant with an I-589 pending at least one year would owe $100 per year thereafter. (H.R. 1 also imposed a separate one-time $100 filing fee for new asylum applications.) For fiscal year 2025, DHS set that annual fee at $100 per pending application.
What is the Annual Asylum Fee?
The AAF is a new fee charged to anyone whose asylum case remains pending year-to-year. As USCIS explained in the Federal Register, “HR-1 requires all aliens with a pending asylum application to pay an annual fee for each calendar year that the application remains pending”. In other words, after your first year waiting on USCIS, a $100 fee kicks in for each following year.
Unlike most other USCIS fees, the AAF cannot be waived or reduced. The statute explicitly states these HR‑1 fees “shall not be waived or reduced”. That means even very-low-income asylum-seekers are technically required to pay if the fee is enforced. Proponents of the fee said it would help cover asylum processing costs; critics warned it could block access for vulnerable refugees.
Had USCIS Started Implementing the Annual Asylum Fee?
Yes. In July 2025, DHS published a Federal Register notice (90 Fed. Reg. 34511) outlining how the AAF would work. Under that notice, any I-589 filed on or before Oct. 1, 2024 and still pending on Sept. 30, 2025 would owe a $100 fee for FY2025.
Likewise, any I-589 filed after Oct. 1, 2024 that remained pending for 365 days would owe $100 on its one-year anniversary and each year after. USCIS promised to send each applicant a notice when their fee was due.
In fact, USCIS began issuing personal payment notices on or around October 1, 2025, alerting individual asylum applicants that an AAF payment was owed.
Key dates in the rollout were:
- July 4, 2025 – H.R. 1 is signed into law, creating the new asylum fees (initial $100 plus annual $100).
- July 22, 2025 – DHS publishes the fee schedule in the Federal Register (90 Fed. Reg. 34511) and implements the rule.
- Oct. 1, 2025 – USCIS reportedly starts sending AAF payment notices to applicants (as announced in the FRN and confirmed by USCIS).
- Oct. 30, 2025 – A federal judge in Maryland issues a nationwide injunction halting USCIS’s implementation of the AAF.
By the end of October, USCIS had already sent some bills to applicants whose cases had been pending over a year. For example, an I-589 filed in mid-2021 would have just turned four years old in 2025, triggering several installments of the AAF. But applicants who received such notices were told not to pay them just yet (see below).
Why Was the Implementation Paused?
A nonprofit advocacy group sued to stop the fee rollout. The case is Asylum Seeker Advocacy Project v. USCIS (filed Oct. 2025 in Maryland). The lawsuit does not claim that a fee on its face is unlawful. Rather, it challenges how the fee was imposed.
Plaintiffs argue, among other things, that USCIS applied the fee retroactively to cases pending before the law took effect, without proper notice or an approved payment system. They contend this violates the Administrative Procedure Act and due process, and that making asylum conditional on payment is unfair and unconstitutional.
On October 30, 2025, the U.S. District Court for Maryland granted a preliminary injunction nationwide, temporarily staying USCIS’s Annual Asylum Fee rules. In its order, the court expressed serious concerns about the fee’s rollout. For example, news accounts note that the plaintiffs alleged the government had imposed the charge with very short notice and no clear way to pay, causing confusion and fear among asylum-seekers. One advocate pointed out that some immigration judges were even unsure how to handle cases when applicants got AAF bills too late.
Because of these issues, the judge ruled that USCIS must pause all AAF enforcement while the case proceeds. This means that asylum-seekers will not be required to pay the annual $100 charge while litigation proceeds. In short, the entire fee program has been put on ice until the legal challenge is resolved.
Will Annual Asylum Fees Already Paid Be Refunded?
No. USCIS has made it clear that any AAF payments already collected will not be refunded. The agency’s announcement plainly states: “USCIS will not refund previously paid annual asylum fees, and applicants who paid the fee should retain their receipts.”
In other words, if you paid the $100 this year, USCIS will keep that payment on file. When the stay is lifted, that money will count toward your required fees (so you won’t owe it again). But don’t throw away your payment confirmation – USCIS explicitly told people to keep their receipts.
Both USCIS and outside news sources emphasize there will be no refunds. For example, Newsweek reported: “Fees already paid will not be refunded but will remain valid pending further developments.” In practice, this means the government is deferring, not forgiving, the fees. Applicants who prepaid the AAF have simply gotten a temporary reprieve, not a rebate.
What This Means for You
- You don’t have to pay the AAF right now. USCIS has “paused all billing and collection” of the Annual Asylum Fee. In plain terms, no one needs to send $100 at this moment. The court’s stay is nationwide, so any notice or bill you received is on hold. As USCIS itself instructed, any applicant who got a payment notice can “disregard that notice while the temporary stay is in place.”
- Keep documentation. If you have already paid the AAF or received a notice, hold on to that paperwork. USCIS advises applicants to retain receipts because there will be no refunds. Treat any notice or payment confirmation as important evidence in case billing resumes later.
- No penalty for now. Because of the injunction, USCIS says you will not face any consequences for not paying the fee during the stay. In practice, you can wait for further instructions without risking dismissal of your case or other sanctions related to the AAF (for now).
- Stay informed. The legal fight is ongoing. USCIS has said it will issue updated guidance when the litigation is decided. We will monitor the case closely. In the meantime, keep an eye on official USCIS announcements and reliable news sources. We also recommend updating your contact info with USCIS and the immigration court so you receive any future notices.
- Consult an attorney. As always, immigration law can be complex. This pause is temporary. Eventually the court will rule on the fee’s legality or USCIS may change the rule. If you have questions about your case or how this affects you, talk to an immigration lawyer. Our attorneys are available to advise you on your specific situation.
The key takeaway is that the Annual Asylum Fee is suspended nationwide. No new payments are required at this time, and previously paid fees are on hold (creditable later, not refundable). We will continue to update our clients as the situation develops.
Conclusion
The court’s order buying asylum-seekers time is a significant development, but the underlying law has not gone away. If the government ultimately prevails on appeal, USCIS could resume billing, and the $100 per-year fee will take effect as originally written. Until then, affected applicants have a reprieve. In the end, the future of the Annual Asylum Fee will depend on the courts (and possibly Congress) deciding whether it should ever take effect in full.
For now, remember USCIS’s official guidance: it has “paused all billing and collection”, no one needs to pay, and notices can be ignored. We encourage you to stay in contact with your legal representative for case-specific advice.
The Law Offices of Anne Z. Sedki
The Law Offices of Anne Z. Sedki specializes in asylum and other areas of immigration law. Our attorneys have extensive experience guiding clients through changing asylum policies. If you have questions about the Annual Asylum Fee or any asylum-related issue, our firm is here to help. We can review your case, explain the fee requirements, and represent you in immigration proceedings. Contact us for a consultation and stay updated on your rights under the new asylum rules.
