New immigration court and asylum fees in 2026

This page covers the 2026 fees for asylum and immigration court. It is general information, not legal advice. For citizenship fees, see How much citizenship costs.

New fees are hard news when money is already tight. The most important thing is simple: do not miss an asylum fee. Read on, mark your dates, and get help early.

Why did fees change?

A federal law signed on July 4, 2025 (called H.R. 1 or the One Big Beautiful Bill Act) created new immigration fees (USCIS notice in the Federal Register). They are charged on top of the old fees. They also rise with inflation every year. The latest increase took effect on October 1, 2026 in immigration court (91 FR 54211 and FR Doc. 2026-19841) and on October 16, 2026 at USCIS (FR Doc. 2026-20187).

What do I pay for asylum?

$100 when you apply. This fee applies whether you file with USCIS or in immigration court.

$105 every year your case is still open. This is the annual asylum fee. It cannot be waived or reduced (EOIR fee rule, 8 CFR 1103.7(b)(4)(iii)).

If your asylum case is with USCIS

• If you applied after October 1, 2024, the fee is due on the one year anniversary of the day you filed, and every year after that while the case is open.
• USCIS sends you a notice. Pay online as the notice says.
• If you do not pay within 30 days of the notice, USCIS rejects your asylum application (rule in effect since May 29, 2026, per USCIS). USCIS then denies any pending work permit based on that application, and a work permit you already have stops at once. If you have no other lawful status, USCIS says it will start deportation proceedings.

If your asylum case is in immigration court

• You pay through the EOIR Payment Portal. It is the only way the court takes fees.
• The court's fee rule charges the fee for each calendar year your asylum application stays pending, but it does not say how you will be told it is due (8 CFR 1103.7(b)(4)(iii)). The Board of Immigration Appeals says judges can set deadlines for paying it (Matter of L-F-R-). Do not wait for a notice. Ask your lawyer, or the court clerk, when your yearly fee is due, and keep the receipt.
• In July 2026, the Board of Immigration Appeals said that not paying the annual fee is fatal to an asylum claim (Matter of L-F-R-, 29 I&N Dec. 787). The judge can end the asylum part of your case. The Board also said the judge must still look at your other requests on the same form: withholding of removal and protection under the Convention Against Torture.

Keep every receipt. Write down the date you filed your asylum application so you know when each yearly fee comes due.

What do other immigration court filings cost now?

These are the total court fees for filings made on or after October 1, 2026, not counting fingerprint fees (91 FR 54211, AILA copy).

Some USCIS forms filed in court carry a new court fee too. From October 1, 2026, the new part alone is $1,590 for a green card application (Form I-485), $1,100 for a waiver (Form I-601) and $520 for TPS (Form I-821). Ask your lawyer for the full amount.

Fees are generally not refunded, even if you lose. If you file more than one application, you pay for each one.

What do work permits and other USCIS requests cost?

From October 16, 2026, USCIS charges these H.R. 1 fees (FR Doc. 2026-20187):

• First work permit for an asylum seeker: $570. The regular work permit fee does not apply to a first asylum work permit (8 CFR 106.2(a)(44)), so $570 is the total.
• Renewal of an asylum work permit: $275. H.R. 1 does not raise this one for inflation. The regular work permit fee ($520 by mail, $470 online) also applies to a renewal, so plan for about $795 by mail. Check the USCIS Fee Calculator on the day you file.
• TPS application (Form I-821): $520. A first TPS work permit costs the regular work permit fee ($520 by mail, $470 online) plus $570; a renewal, the regular fee plus $280
• Parole request (Form I-131): $1,050. A first parole work permit costs the regular work permit fee plus $570; a renewal, the regular fee plus $280

For DACA fees, see DACA in 2026.

Can I get a fee waiver?

• Asylum application fee and annual asylum fee: no. Not at USCIS and not in court.
• Other new H.R. 1 fees at USCIS: no waiver or reduction. USCIS says you may still ask to waive the regular part of a fee with Form I-912 when that form allows it, but the new part must be paid.
• Immigration court applications and motions: a judge may waive the fee if you show you cannot pay, unless the law forbids a waiver (as it does for asylum and TPS). That includes cancellation of removal (Forms EOIR-42A and EOIR-42B), per EOIR Policy Memo 25-36. You must include a signed, sworn statement about your finances. If the judge says no, you get 15 days to file again with the fee or a new request.
• Appeals to the Board: you can ask for a waiver with Form EOIR-26A (8 CFR 1003.38). See How to appeal.

What if I cannot pay?

1. Call a legal clinic right away. Do it before the due date, not after. Free help is listed below.
2. Ask about a waiver for any fee that allows one.
3. Ask about your other protections. In court, the annual fee rules do not reach withholding of removal or protection under the Convention Against Torture.
4. Ask your community. Some churches and groups help with filing fees. Pay only the government, through the official portal or USCIS notice.

What if I already missed an annual fee?

Act this week. Don't wait for the next notice.

• At USCIS: if 30 days have passed since the notice, USCIS may already have rejected your application. Call a clinic or lawyer now. Ask whether you can file again, whether you are still inside the one year asylum deadline, and whether you have other protection. Don't refile on your own before you talk to someone.
• In court: tell your lawyer right away. Under Matter of L-F-R-, the judge can end the asylum part of your case for nonpayment, but must still look at withholding of removal and protection under the Convention Against Torture. Bring proof of any payment you made, even a late one.
• Your work permit: a USCIS rejection ends a work permit based on that asylum case at once. Tell your employer only after you get advice.

What does this look like in real life?

This example is made up to show the steps. It is not a real person.

Ana filed her asylum application with USCIS on March 3, 2025. She paid $100 then. In 2026 she got a USCIS notice that her annual fee was due. She wrote the notice date on her tracker, counted 30 days, and paid online the same week. She saved the receipt as a PDF and on paper. Her case is still open, so she has marked March 3, 2027 on her calendar and expects another notice and another fee then. When her work permit renewal comes up, she budgets the $275 renewal fee plus the regular fee and checks the USCIS Fee Calculator before she files.

Never pay a fee to a person on the phone, by gift card or by money transfer. The government never asks for that. See Warning signs of an immigration scam.

Who can help?

These are free or low cost groups and public offices. Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• Community Legal Services in East Palo Alto (CLSEPA), for San Mateo and Santa Clara County residents: 650-326-6440. Asylum and deportation defense for people with low income. Walk in at 1861 Bay Road, East Palo Alto, Monday to Friday, 9 a.m. to 1 p.m.
• Catholic Charities San Francisco, immigration legal services (serves San Mateo County): (650) 285-6451. Asylum and immigration court cases.
• More options in the Bay Area: Free or low cost immigration legal help in the Bay Area
• Anywhere in the United States: the DOJ list of free legal service providers, sorted by immigration court. EOIR does not endorse the groups on it.

Only a lawyer or a Department of Justice accredited representative may give you immigration legal advice.

Is there a fee tracker I can print?