Starting May 29, 2026, U.S. Citizenship and Immigration Services (USCIS) will begin enforcing severe penalties for non-payment of the recently implemented Annual Asylum Fee (AAF). While this fee primarily affects individual asylum applicants, the consequences for their employers are immediate and significant, potentially disrupting workforce continuity overnight.
What is the New Annual Asylum Fee?
As a result of a recent rule change, individuals with a pending Form I-589 (Application for Asylum) must pay an annual fee for each year their case remains pending.
- The Amount: For 2026, the fee is set at $102 per year.
- The Deadline: Payment is due within 30 days of receiving a notification from USCIS.
USCIS is required to send a notice to all principal asylum applicants whose cases have been pending for 365 days. Every official notice must contain the fee amount, the specific payment deadline, and the link to the online payment portal. Attorneys representing the asylum applicant will also receive notice in accordance with their properly filed Form G-28, Notice of Appearance.
Applicants should receive their notice by mail or in their USCIS online account 30 to 60 days before the payment deadline and remain responsible for the fee even if they do not receive a notice, as would be the case if their address is not up to date in USCIS records.
Consequences for Non-Payment: How Are Employers Affected
If your employees fail to pay their AAF on time, they jeopardize their legal status and ability to work. Failure to pay within the 30-day window can lead to:
- Immediate Termination of Work Authorization: USCIS may immediately terminate existing work authorization documents (EADs) and deny any pending renewal requests.
- Rejection of the Asylum Case: The underlying asylum application may be rejected or dismissed.
- Removal Proceedings: Individuals without another lawful status may be placed in removal proceedings, leading to a sudden and long term loss of the employee.
What Employers Need to Know
To avoid unexpected staffing gaps and compliance issues it is recommended that employers:
- Ensure, to the extent possible, any employees with pending asylum cases are aware of the May 29, 2026, effective date of the requirement.
- Remind affected employees to check their mail and online USCIS accounts frequently for fee notices.
- Confirm that they have paid the AAF fee and that they have kept their receipt (and Payment Tracking ID) to prevent a lapse in their right to work.
For asylum applications uploaded into Meltzer Hellrung’s proprietary case management system, Voyager® , we can track the one-year anniversary of your employees’ Form I-589 filing date and set recurring annual reminders to anticipate when the fee will become due. For any questions regarding how we can assist your employees in complying with this new requirement, the immigration team at Meltzer Hellrung is available to assist.
