MIAMI.- The United States Department of Homeland Security (DHS) published a statement with new provisions that toughen the consequences for asylum seekers who do not pay the Annual Asylum Fee (AAF), as part of the implementation of the HR1 Reconciliation Act of 2025, a measure that strengthens immigration controls and modifies several administrative processes linked to the immigration system.
The regulations, presented as a provisional final rule, incorporate new fees and requirements that, according to the authorities, seek to strengthen the financing of immigration control operations and transfer service costs to the foreign applicants themselves.
One of the most relevant changes affects those who have a pending asylum application through Form I-589. According to the new rule, if the applicant does not pay the Annual Asylum Fee within 30 days of official notification, the United States Citizenship and Immigration Services (USCIS) will reject the application.
The measure also contemplates more severe immigration consequences. If the person does not have a valid legal status in the United States, the rejection of the case could lead to the initiation of removal procedures, as established by the rule.
Impact on work permits
The regulation also affects benefits associated with pending asylum applications. If an application is denied for non-payment, USCIS may deny pending applications for employment authorization filed using Form I-765.
Likewise, those who have already obtained work permits linked to a pending asylum case will automatically lose that authorization, according to the regulatory text.
The announcement also introduces other changes derived from HR1. Among them, USCIS will retain the Form I-589 filing fee even if the document is rejected due to errors in its filing, eliminating the return of that payment in those cases.
Limitations
Regarding Temporary Protected Status, the rule limits employment authorization to a maximum of one year or the remaining period of the TPS designation, whichever is less.
A minimum fee of $24 is also established for Form I-102, related to nonimmigrant entry and exit documents, in addition to other required payments.
Entry into force
The rule will go into effect on May 29, 2026. As of that dateUSCIS will reject I-102 forms without the corresponding payment and will also apply the new consequences to asylum seekers who fail to pay the AAF.
The US government will keep a public comment period open until June 29, 2026.
The changes come in a context of increased immigration restrictions and could have a direct impact on thousands of applicants with pending cases, particularly those who depend on asylum to maintain work authorization or avoid deportation proceedings.
