INTERIM FINAL RULE INTRODUCING ASYLUM FEES AND ENFORCEMENT CONSEQUENCES UNDER HR-1

DHS has announced an Interim Final Rule implementing new immigration fees and requirements under the H.R. 1 Reconciliation Act of 2025, with significant implications for asylum applicants. Most notably, the rule enforces the Annual Asylum Fee (AAF), requiring payment each year while an asylum application remains pending. If an applicant fails to pay the AAF within 30 days of notification, USCIS will reject the pending asylum application. For individuals without lawful status, this may also result in the initiation of removal proceedings. In addition, rejection of the asylum application will lead to denial of any pending employment authorization application based on that case, and individuals with previously granted work authorization will lose that authorization immediately. The rule also confirms that USCIS will retain the filing fee for Form I-589 even if the application is rejected as improperly filed. Additional changes include limiting employment authorization under Temporary Protected Status (TPS) to one year or the remaining designation period, and introducing a minimum $24 filing fee for Form I-102. These measures reflect a significant shift toward stricter compliance and financial enforcement within the asylum system. The rule is set to take effect on May 29, 2026, and we will continue to monitor its implementation and practical impact.