New USCIS & EOIR Fee Rules Explained
(For Asylum I-589 and related Work Permit I-765; subject to official updates)
This article summarizes the new filing fees, timelines, and payment rules announced by USCIS and EOIR. It is meant as a general guide only. For personalized advice, please contact our office.
This article summarizes the new filing fees, timelines, and payment rules announced by USCIS and EOIR. It is meant as a general guide only. For personalized advice, please contact our office.
1. What fees apply to asylum (I-589) cases?
A. I-589 (Asylum)
Key timelines:
1. Filed on or before Sep 30, 2024
1. Filed on or before Sep 30, 2024
- $100 initial fee: Not required.
- Annual Fee: If your case is still pending on Sep 30, 2025, you must pay the $100 AAF and continue annually until the case ends.
- $100 initial fee: Not required at filing.
- AAF: Begins once your case has been pending 365 days (from day 366 onward, annually).
- $100 initial fee: Required at filing (must be attached or paid online).
- AAF: Begins after 365 days pending, and recurs annually.
B. I-765 (Work Permit/EAD) — affected categories
2. How do I pay USCIS fees?
1. Initial I-589 fee
4. If receipt is delayed: Submit proof of payment (bank/credit card record) to avoid problems and supplement later with the official receipt.
- Online filing: Pay at checkout with credit/debit card.
- Paper filing: Include check, money order, or Form G-1450 for card payment.
- Must be paid online. USCIS will send you a personal notice with a secure payment link.
4. If receipt is delayed: Submit proof of payment (bank/credit card record) to avoid problems and supplement later with the official receipt.
3. What if I don’t pay?
- Initial fee not included: Your I-589 will be rejected.
- Annual fee not paid: USCIS may treat your case as non-compliant and it may negatively affect your proceedings. Always pay by the deadline listed in your notice.
- Fee waivers: The new fees under H.R.1 (I-589 initial fee, AAF, certain I-765 fees) cannot be waived. Even if older fees were eligible for waiver, these new ones are not.
4. EOIR (Immigration Court / BIA) Fees
A. What filings require EOIR fees?
- Appeals to the BIA (Form EOIR-26)
- Motions to Reopen or Reconsider
- Other EOIR filings listed on the EOIR “Types of Appeals, Motions, and Required Fees” page.
B. Where and how to pay?
- Mandatory portal: EOIR Payment Portal
- Payment methods: Credit/debit card, ACH (bank account), and some e-payment options (PayPal, etc.).
- Receipt: The portal generates a Payment Tracking ID + electronic receipt. Save and attach this to your filing.
C. Family or consolidated cases
- If the court consolidates family members into one case, only one fee is required.
- If cases are not consolidated or relief is filed separately, each person must pay.
D. Fee waivers at EOIR
- Form EOIR-26A (Fee Waiver Request) is still available, but some new fees are not waivable under recent law. The judge or BIA decides based on current policy.
5. Quick Scenarios
- Filed asylum in 2023, still pending: No $100 initial fee. If case is still pending on Sep 30, 2025 → pay $100 AAF.
- Filed asylum Mar 1, 2025: No $100 initial fee. If case is still pending on Mar 1, 2026 → start paying $100 AAF annually.
- Plan to file asylum Aug 1, 2025: Must pay $100 initial fee when filing. If still pending after 365 days → start paying $100 AAF annually.
- BIA appeal with family consolidated case: Pay once for the group. If not consolidated, each person pays individually.
6. Our Law Firm’s Reminder
- Always notify our office when you receive any USCIS or EOIR fee notice.
- Save and send us all receipts for record-keeping.
- Missing or late payments can harm your case — let us help you stay compliant.
📞 For assistance, call 866-880-8888 or email our team.