Annual Asylum Fee: $105 From October 16, 2026, Who Pays and How
The annual asylum fee is $105 in the Federal Register notice 91 FR 62540, effective October 16, 2026, up from $102 in 90 FR 52693 (effective January 1, 2026); 8 U.S.C. 1808 requires it for each calendar year an alien's asylum application remains pending. When we checked on November 2, 2026, the uscis.gov alert of 09/30/2026 and Form G-1055 (edition 10/26/26) showed $105.
Maintained by Archie Chang · Reviewed November 2, 2026 · Methodology & sources
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At a glance
| Question | What the sources say | Source |
|---|---|---|
| Who pays | The principal alien with a pending Form I-589; the AAF applies to the principal alien only. As of Feb. 5, 2026, USCIS paused collection of certain H.R.1 fees from Ms. L. Settlement Class members and their QAFMs, and G-1055 says the fees do not apply to them | USCIS Form I-589 page; Form G-1055 |
| Amount | $105 (fiscal year 2027, effective October 16, 2026); $102 before | 91 FR 62540; USCIS alert 09/30/2026; Form G-1055 |
| When | For each calendar year the application remains pending; within 30 days of the date the notice is sent | 8 U.S.C. 1808(a); 8 CFR 106.2(c)(15) |
| How | Online, with the A-Number and the Receipt Number at the top of the AAF notice | USCIS Form I-589 page |
| Waiver | None: shall not be waived or reduced | 8 U.S.C. 1808(d); Form G-1055 |
| If not paid | The asylum application will be rejected | 8 CFR 106.2(c)(15)(ii) |
What the statute says
The fee is section 100009 of Public Law 119-21 (July 4, 2025), codified at 8 U.S.C. 1808. Subsection (a) as enacted reads:
“In addition to any other fee authorized by law, for each calendar year that an alien's application for asylum remains pending, the Secretary of Homeland Security or the Attorney General, as applicable, shall require the payment of a fee, equal to the amount specified in subsection (b), by such alien.”
The U.S. Code text of subsections (b) and (d) has the same words as the enacted text, apart from the Code’s typography:
“For fiscal year 2025, the amount specified in this section shall be the greater of— (A) $100; or (B) such amount as the Secretary of Homeland Security may establish, by rule.”
“During fiscal year 2026, and during each subsequent fiscal year, the amount specified in this section shall be equal to the sum of— (A) the amount of the fee required under this subsection for the most recently concluded fiscal year; and (B) the product resulting from the multiplication of the amount referred to in subparagraph (A) by the percentage (if any) by which the Consumer Price Index for All Urban Consumers for the month of July preceding the date on which such adjustment takes effect exceeds the Consumer Price Index for All Urban Consumers for the same month of the preceding calendar year, rounded down to the nearest dollar.”
“Fees required to be paid under this section shall not be waived or reduced.”
The amount, year by year
| Fiscal year | Amount | Effective | How it is reached | Source |
|---|---|---|---|---|
| 2025 | $100 | Statute | “the greater of— (A) $100” | Pub. L. 119-21, section 100009(b)(1); 90 FR 34511 |
| 2026 | $102 | January 1, 2026 | $100 plus 2.70 percent is $102.70, rounded down to $102 | 90 FR 52693 |
| 2027 | $105 | October 16, 2026 | $102 plus 3.36 percent is $105.43, rounded down to $105 | 91 FR 62540 |
The FY 2027 notice reports a CPI-U change from July 2025 to July 2026. FedRateCalc repeated the arithmetic: $102 × (1 + 3.36%) = $105.4272, which the statute rounds down to the nearest dollar.
“Therefore, between July 2025 and July 2026, the CPI-U increased by approximately 3.36 percent.”
“The fees announced in this notice are effective on or after October 16, 2026. Any immigration benefit request postmarked on or after October 16, 2026 without the proper filing fee will be rejected.”
“The fees announced in this notice are effective on or after January 1, 2026.”
USCIS posted the effective date on its alert page, and the alert’s table row for the annual asylum application fee lists $102 as the previous fee and $105 as the fee after the change:
“The new inflation-adjusted fees are effective on Oct. 16, 2026. If you submit a request postmarked on or after Oct. 16, 2026, for a benefit that requires one of these fees, you must include the new fee for the specific benefit you are requesting. Any request postmarked on or after Oct. 16, 2026 without the proper filing fee will be rejected.”
Form G-1055 (edition 10/26/26) lists the Form I-589 fees in two lines. The filing line is a different fee from the annual one:
“Due at Filing for the Principal Applicant Only $100”
“Annual Asylum Fee for the Principal Applicant Only Online: $105, (USCIS will notify you when this fee is due) (due as provided in the Notice) These fees may not be waived. NOTE: As of Feb. 5, 2026, these additional asylum fees under Pub. L. 119-21 do not apply to Ms. L. Settlement Class members and their Qualifying Additional Family Members (QAFMs) filing Form I-589 as a Principal Applicant, pursuant to a court order issued in Ms. L. v. ICE, 18-cv-00428 (S.D. Cal.).”
The Federal Register notice 91 FR 62540 gives the FY 2027 amount and its effective date and does not say when the fee is due.
Who pays, and who does not
“Public Law 119-21 requires the principal alien with a pending Form I-589 to pay an Annual Asylum Fee (AAF) for each year that the application is pending, in addition to any other fee. The AAF applies to the principal alien only and is in addition to any other fee that may be due. You cannot request a waiver of the AAF. We will send a notice to each alien who must pay the AAF. Notices will include the amount of the fee, and how to pay the fee. We will also send notices to any representatives of these aliens listed on Form G-28.”
The Form I-589 entry in Form G-1055 (quoted in the section on the amount) ends with a note for one court-ordered group, the Ms. L. Settlement Class and its Qualifying Additional Family Members.
The uscis.gov Form I-589 page (Last Reviewed/Updated 10/26/2026) lists the annual asylum fee (8 U.S.C. 1808) among the H.R.1 fees whose collection USCIS paused for Ms. L. Settlement Class members and their Qualifying Additional Family Members as of Feb. 5, 2026. The same page says:
“As of Feb. 5, 2026, USCIS paused the collection of certain fees required by Pub. L. 119-21 (“H.R.1”) from Ms. L. Settlement Class members and their Qualifying Additional Family Members (QAFMs) pursuant to a decision issued in Ms. L. v. ICE, 18-cv-00428 (S.D. Cal.). The Department of Homeland Security does not concur with this decision and is evaluating its options.”
“Individuals must register on together.gov or juntos.gov and be confirmed by the Family Reunification Task Force Research Committee to qualify as Ms. L. Settlement Class members.”
When and how it is paid
The regulation, 8 CFR 106.2(c)(15) (eCFR, up to date as of October 29, 2026), says:
(15) Annual asylum fee. For each calendar year that a Form I-589 remains pending, the applicant must pay an annual asylum fee as required by 8 U.S.C. 1808 within 30-days of the date the notice is sent.
(i) DHS will send each applicant a notice informing them that their annual asylum fee is due, when it is due, and how it must be paid; and
(ii) If the annual asylum fee is not paid, the asylum application will be rejected.
“You must pay the AAF online at my.uscis.gov/accounts/annual-asylum-fee/start/overview. You will need your Alien Registration Number (A-Number) and the Receipt Number at the top of your AAF notice to pay the fee. NOTE: The AAF amount is adjusted each year as required by law.”
“Once USCIS sends a notice, you should pay the AAF within 30 days. If USCIS issues you an AAF notice, as long as your AAF remains payable, USCIS cannot approve your asylum application.”
The July 22, 2025 notice (90 FR 34511) described how the fee applies. Its section on the annual asylum fee says:
“To effectuate the FY 2025 fee, DHS will require that any alien who filed a Form I-589, Application for Asylum and for Withholding of Removal, with USCIS before or on the beginning of fiscal year 2025, October 1, 2024, and whose application is still pending with USCIS at the end of fiscal year 2025, on September 30, 2025, must pay the FY 2025 amount specified by statute.”
“Such aliens must also pay the AAF as of September 30 in each subsequent year that the application remains pending with USCIS.”
“Any alien who filed or files a Form I-589 after October 1, 2024, that remains pending with USCIS for 365 days must pay the AAF as of the one-year anniversary of his or her filing date and each year thereafter that the application remains pending on such day of the calendar year.”
The court order in 2025 and 2026
Two Federal Register documents report a court order about the notices. The FY 2026 notice (November 21, 2025) says:
“On October 30, 2025, as required by an order issued in in Asylum Seeker Advocacy Project v. United States Citizenship and Immigration Services, et al., SAG-25-03299 (D. Md.), USCIS paused the implementation of the July 22, 2025 notice as it relates to annual asylum fee notices. Any applicant who has received a notice from USCIS may disregard that notice pending updated instructions. That order does not affect the adjustment of the amount of the AAF as required by the law and announced in this notice.”
The interim final rule (April 29, 2026, effective May 29, 2026) says, in a footnote:
“On October 30, 2025, the United States District Court for the District of Maryland issued an order in Asylum Seeker Advocacy Project v. United States Citizenship and Immigration Services, et al., SAG-25-03299 (D. Md.), staying the Annual Asylum Fee (AAF) implementation provisions by USCIS […] In accordance with the order, USCIS paused the issuance of AAF notices. The stay was lifted on February 2, 2026. Once this rule is effective, DHS will send notices to applicants who have not paid informing them of how non-payment affects their application.”
The uscis.gov Form I-589 page (Last Reviewed/Updated 10/26/2026) does not mention the October 30, 2025 court order or the stay.
Frequently asked questions
How much is the annual asylum fee?
$105. The Federal Register notice 91 FR 62540 (October 1, 2026) sets the fiscal year 2027 amount effective on or after October 16, 2026. The uscis.gov alert of 09/30/2026 lists the previous fee as $102 and Form G-1055 (edition 10/26/26) shows "Online: $105".
Who has to pay the annual asylum fee?
The uscis.gov Form I-589 page says Public Law 119-21 "requires the principal alien with a pending Form I-589 to pay an Annual Asylum Fee (AAF) for each year that the application is pending" and that it "applies to the principal alien only". The same page (Last Reviewed/Updated 10/26/2026) says that as of Feb. 5, 2026 USCIS "paused the collection of certain fees" required by Pub. L. 119-21 from Ms. L. Settlement Class members and their Qualifying Additional Family Members, and that DHS "does not concur with this decision and is evaluating its options". Form G-1055 (edition 10/26/26) says these asylum fees "do not apply" to them as of Feb. 5, 2026.
When is the annual asylum fee due?
8 CFR 106.2(c)(15) says the fee is paid "within 30-days of the date the notice is sent" and that DHS sends a notice saying "when it is due". Form G-1055 says "(due as provided in the Notice)". The Federal Register notice 91 FR 62540 does not say when the fee is due.
How is the annual asylum fee paid?
The uscis.gov Form I-589 page says the AAF is paid online at my.uscis.gov/accounts/annual-asylum-fee/start/overview, using the Alien Registration Number (A-Number) and the Receipt Number at the top of the AAF notice.
Can the annual asylum fee be waived?
No. 8 U.S.C. 1808(d) says: "Fees required to be paid under this section shall not be waived or reduced." The uscis.gov Form I-589 page says: "You cannot request a waiver of the AAF." Form G-1055 says: "These fees may not be waived."
What happens if the annual asylum fee is not paid?
8 CFR 106.2(c)(15)(ii) says: "If the annual asylum fee is not paid, the asylum application will be rejected." The uscis.gov Form I-589 page says that as long as the AAF remains payable, "USCIS cannot approve your asylum application."
Why did the annual asylum fee go from $102 to $105?
8 U.S.C. 1808(b)(2) adds the percentage by which the CPI-U for July exceeds the CPI-U for the same month a year earlier, "rounded down to the nearest dollar". The Federal Register notice 91 FR 62540 reports about 3.36 percent from July 2025 to July 2026: $102 plus 3.36 percent is $105.43, rounded down to $105.
Was the annual asylum fee ever paused by a court?
The interim final rule 91 FR 22952 (April 29, 2026) says a District of Maryland order of October 30, 2025 stayed the annual asylum fee implementation provisions, that USCIS paused the issuance of AAF notices, and that "The stay was lifted on February 2, 2026."
Related pages
Sources
Reviewed November 2, 2026. Every number, hour, format rule and fee on this page comes from the official pages, notices and statute listed here; each quotation was compared word for word with a copy saved on November 2, 2026.
- USCIS Form G-1055, Fee Schedule (PDF, edition 10/26/26)
- USCIS, Fee Schedule page
- USCIS, Form I-589, Application for Asylum and for Withholding of Removal
- USCIS, USCIS Announces FY 2027 Inflation Increase for Certain Immigration-Related Fees
- Pub. L. 119-21, section 100009, Annual asylum fee (govinfo)
- 8 U.S.C. 1808, Annual asylum fee (U.S. Code)
- 8 CFR 106.2, USCIS fees (eCFR)
- Federal Register, 91 FR 62540 (Oct. 1, 2026), Fiscal Year 2027 Inflation Adjustment to H.R. 1 Immigration Fees
- Federal Register, 90 FR 52693 (Nov. 21, 2025), Inflation Adjustment to HR-1 Immigration Fees
- Federal Register, 90 FR 34511 (July 22, 2025), USCIS Immigration Fees Required by HR-1 Reconciliation Bill
- Federal Register, 91 FR 22952 (Apr. 29, 2026), interim final rule, USCIS Immigration Fees and Related Procedures Required by H.R.1