New USCIS & EOIR Fee Rules Explained | Asylum I-589 & I-765 | Demidchik Law
2025-09-27 13:01
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.
1. What fees apply to asylum (I-589) cases?
A. I-589 (Asylum)
Key timelines:
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.
2. Filed between Oct 1, 2024 and Jul 21, 2025
$100 initial fee: Not required at filing.
AAF: Begins once your case has been pending 365 days (from day 366 onward, annually).
3. Filed on or after Jul 22, 2025
$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
Online filing: Pay at checkout with credit/debit card.
Paper filing: Include check, money order, or Form G-1450 for card payment.
2. Annual Asylum Fee (AAF)
Must be paid online. USCIS will send you a personal notice with a secure payment link.
3. Save your receipt: Always download or screenshot your payment confirmation. Send a copy to our office for your case file. 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.
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.