DHS has begun enforcing a set of new fee obligations created by the H.R. 1 reconciliation law (the “One Big Beautiful Bill Act”), and the consequences for missing them are severe. The interim final rule codifying these requirements took effect May 29, 2026, and USCIS has now detailed exactly what happens to applicants who don’t comply.
The Annual Asylum Fee (AAF). Any noncitizen whose Form I-589 asylum application was filed after October 1, 2024 and remains pending for 365 days must pay a $100 annual fee on the one-year anniversary of filing — and again each year the case stays pending. This is a new, recurring cost that did not exist before H.R. 1.
The penalty for non-payment is harsh. If an applicant does not pay the AAF within 30 days of USCIS notification, USCIS will reject the pending asylum application. Worse, an asylum seeker who obtained an EAD based on that pending application will lose work authorization immediately once the application is rejected. For families relying on that income, the stakes could not be higher.
A one-year cap on TPS work permits. The rule also limits the validity of employment authorization tied to Temporary Protected Status to one year, or the remaining period of the TPS designation, whichever is shorter. The change applies prospectively — EADs issued before May 29, 2026 keep their original validity — but every TPS EAD renewal after that date is capped at 12 months, meaning more frequent (and more expensive) renewals.
A new minimum fee for Form I-102. Reflecting Public Law 119-21, USCIS now requires a minimum $24 fee for Form I-102 (Application for Replacement/Initial Nonimmigrant Arrival-Departure Document), on top of any other required fees. Filings postmarked on or after May 29, 2026 without the proper fee will be rejected.
The public comment period on the interim final rule closed on June 29, 2026, but the requirements are already in force. Asylum seekers with long-pending cases and TPS holders should calendar their deadlines carefully — a missed fee can now cost both a case and a job.
Need help with your immigration petition? Visit QuickFiling.us for AI-guided NIW and EB-1A petition preparation.
Source: USCIS Newsroom Alert