USCIS to Reject Pending Asylum Claims and Revoke Work Permits Over Unpaid Annual Fees

The Department of Homeland Security has announced an interim final rule imposing new immigration fees and requirements under the 2025 reconciliation law, aiming to boost funding for enforcement operations and shift more costs to applicants.

The rule implements provisions of H.R. 1, known as the “One Big Beautiful Bill Act,” which mandates new fees for certain immigration benefits, including asylum applications.

U.S. Citizenship and Immigration Services said it will enforce an annual asylum fee for applicants with pending cases. Under the rule, applicants who fail to pay the fee within 30 days of notification will have their asylum applications rejected. Those without legal status could also face removal proceedings.

If an asylum application is rejected for nonpayment, USCIS will deny any related work authorization requests and immediately revoke employment authorization already granted based on the pending claim.

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The rule follows a July 22, 2025, Federal Register notice that introduced a filing fee for Form I-589, used to apply for asylum and withholding of removal, along with the annual asylum fee requirement.

Additional provisions in the rule include retaining filing fees for improperly submitted asylum applications and limiting employment authorization for Temporary Protected Status recipients to one year, or the remaining designation period, whichever is shorter.

The rule also establishes a minimum $24 filing fee for Form I-102, used to replace or obtain initial nonimmigrant arrival-departure documents.

The interim final rule takes effect on May 29, 2026. USCIS said it will reject Form I-102 applications submitted without the required fee on or after that date and will begin rejecting pending asylum applications for failure to pay the annual fee.

DHS will accept public comments on the rule through June 29, 2026.

According to the Executive Office for Immigration Review, nearly 10,000 Nepali asylum applications are currently pending in U.S. immigration courts. Data obtained through a Freedom of Information Act request by NepYork shows more than 5,000 additional Nepali cases are under review by USCIS, bringing the total to about 15,000 pending applications.

Overall, the system faces significant delays, with more than 1.5 million affirmative asylum cases pending at USCIS and about 3.3 million cases awaiting decisions in immigration courts.