If you’ve logged into your USCIS portal lately, you might have seen a new notification or a weirdly specific charge called the Annual Asylum Fee. It’s basically a new bill for people waiting on their asylum cases. Honestly, it’s confusing as heck. Most people think of immigration fees as a one-and-done thing where you pay when you file and then wait for years.
This is different. It’s an annual recurring cost.
But here is the twist: right now, everything is in a bit of a legal mess. A court order in Maryland actually hit the brakes on this. So, while your my uscis gov accounts annual asylum fee start overview page might show a balance or a notice, you might not actually have to pay it this second. Let's break down what is happening, who is supposed to pay, and why the government is suddenly asking for more cash.
What is this Annual Asylum Fee anyway?
Basically, the government decided that if you have an I-589 (Application for Asylum) pending for more than a year, you owe them. This isn't just for new applicants. It’s for anyone sitting in the backlog. The fee was set at $100 originally, but as of January 1, 2026, it nudged up to $102 because of inflation.
It’s meant to help fund the asylum system. USCIS is almost entirely funded by fees—like 96% of their budget comes from us, not from Congress. They claim they need this money to hire more officers and actually get through the millions of cases sitting in boxes.
If your application has been pending for at least 365 days, you're on the hook. You’re supposed to pay it every single year on the anniversary of your filing date until your case is decided. If you have a family of four on one application, you only pay once—so that’s one small silver lining.
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The court order: why you might not need to pay yet
On October 30, 2025, a District Court judge in Maryland issued a "stay."
That’s a fancy legal word for "stop doing that."
The group ASAP (Asylum Seeker Advocacy Project) sued the government, arguing that these fees were basically a "wealth test" for safety. Because of that lawsuit, USCIS had to stop sending out the payment notices. If you already got a notice in the mail or on your account around October 1, 2025, the official word from USCIS is that you can disregard it for now.
They aren't giving refunds if you already paid, though. That's the annoying part. If you already sent the $100, they’re keeping it, but you should definitely save your receipt. If the court eventually decides the fee is legal, you’ll already be covered for that year.
How to navigate the my uscis gov accounts annual asylum fee start overview
When you log in to your myUSCIS account, the "Overview" section is where all the action happens. Usually, it's just a progress bar that never moves. But now, there’s a specific section for the Annual Asylum Fee (AAF).
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What you'll see in your account
The portal is designed to show you:
- When the fee is due: Usually the anniversary of your filing.
- How much is owed: Currently $102 for 2026.
- Payment status: Whether you’ve paid for the current fiscal year.
You cannot request a fee waiver for this. That’s a huge point of contention. Normally, if you're broke, you file Form I-912 to get out of paying. Not here. The rule specifically says "no fee waivers available." This is why the lawsuit happened in the first place.
The employer side: the $600 "Asylum Program Fee"
Don't confuse the $102 personal fee with the $600 fee that businesses have to pay. If you're an employer filing an I-129 (for H-1B or L-1 workers) or an I-140, you’ve been paying this since April 2024.
It’s a bit of a "Robin Hood" tax. The government makes companies hiring foreign workers pay an extra $600 to help cover the costs of the asylum program.
- Big companies: Pay the full $600.
- Small businesses (25 or fewer employees): Pay $300.
- Nonprofits: Pay $0.
If you’re a business owner, you pay this every time you file a petition. It's not annual; it's per-filing. If you're a small business and you accidentally pay the full $600, USCIS isn't always great about pointing out your mistake. Make sure you check the "small entity" box to save that $300.
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Is this fee actually active in 2026?
As of mid-January 2026, the temporary stay is still the law of the land.
This means the "start" of the fee is technically in a state of limbo. USCIS wants to collect it, but the courts are blocking them. However, the 2026 inflation adjustment (moving the fee from $100 to $102) suggests the government fully expects to win the lawsuit and start collecting again soon.
Keep a close eye on your myUSCIS alerts. If the stay is lifted, you'll likely have a very short window—maybe 30 to 60 days—to pay before it affects your "good standing" or your work permit eligibility.
What you should do right now
Don't panic if you see a "payment due" notice on your screen, but don't ignore it either.
First, check with an immigration attorney or a reputable group like ASAP to see if the Maryland stay is still active. If it is, keep your money in your pocket. If the stay has been lifted, you’ll need to pay through the portal using a credit card or a direct bank transfer (ACH).
Actionable Next Steps:
- Check your "Date of Filing": Look at your I-589 receipt notice. If you've hit the one-year mark, you are technically in the "target zone" for this fee.
- Download your notices: Even if you aren't paying yet, download the PDF of any fee notice USCIS sent you. It’s evidence of what they told you and when.
- Monitor the lawsuit: Search for "Asylum Seeker Advocacy Project v. USCIS" once a month. The moment that case ends, the "pause" button on these fees will be un-clicked.
- Save the cash: Set aside $102 just in case. It’s better to have it ready than to be surprised by a rejection notice on your next work permit renewal because of an unpaid asylum fee.
Check your account status once a week. The "Overview" page is usually the first place the government updates their instructions when these court cases take a turn.