Practice Alert: New Asylum Application Fees and Category (c)(8) Employment Authorization Document Fees Mandated by H.R.1

9/30/25  AILA Doc. No. 25093006. Asylum & Refugees, Removal & Relief

Practice Alert: New Asylum Application Fees and Category (c)(8) Employment Authorization Document Fees Mandated by H.R.1i

As of July 22, 2025, H.R.1ii imposed new fees in connection with asylum applications and asylum-related work authorization applications. U.S. Citizenship and Immigration Services (USCIS) has announced a policy to reject submissions postmarked on or after August 21, 2025 without the proper fees, now in effectiii.

Important note: Current government guidance on these fees is incomplete and inconsistent. This resource will be updated as new information becomes available.

Asylum Application Fees

The new filing fee for Form I-589 is $100. In addition, an annual $100 will apply for applications pending for a year or more. Neither of the new fees may be waived.

Defensive Filings in Immigration Court: On September 23, 2025, EOIR updated its payment portal to allow for payment of the $100 initial asylum fee, using the hyperlink: https://epay.eoir.justice.gov/index. The fee can be paid online using a bank account (ACH) or debit or credit card. EOIR has indicated that the annual asylum fee will apply for all applications that were pending for a year or longer as of July 4, 2025, though EOIR has not indicated how to pay the annual fee. The online payment portal currently does not have a mechanism to pay the annual fee; it only allows for payment of the initial fee.iv

Although EOIR guidance indicates the courts have authority to implement temporary measures when the fees have not yet been integrated into the existing payment structure, reports have varied across the country regarding how immigration judges (IJs) are handling the annual fee . Reports indicate some IJs are threatening to pretermit applications without proof of payment while others have issued orders to show cause. Based on the EOIR Practice Manual, it appears EOIR may, in contravention to regulations, interpret the fee as applying to the other applications for relief, aside from asylum, through the I-589. The EOIR Practice manual Chapter 3.4(b)(2) indicates that for “purposes of determining filing fee requirements, the term 'asylum' here includes withholding of removal ('restriction on removal'), withholding of deportation, and claims under the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment." It is important to note that 8 CFR Section 1103.7(b)(ii) states that, “... no fee shall apply to a Form I-589 filed with an immigration judge for the sole purpose of seeking withholding of removal under section 241(b)(3) of the Act or protection under the Convention Against Torture regulations.”

USCIS Filings: USCIS currently accepts the $100 filing fee via paper check, money order, credit card or ACH Transaction. However, USCIS has announced it will no longer accept check or money order payments beginning October 28, 2025.v USCIS regulations state that applications filed on or before October 1, 2024 will be subject to the $100 annual fee if they remain pending on September 30, 2025.vi USCIS has indicated it will issue personal notices indicating “when it must be paid, how the fee must be paid, and the consequences for failing to pay.”

Additional I-765 Category (c)(8) Employment Authorization Document (EAD) Fees

Additional Fee for Initial Applications. Effective July 22, 2025, the additional filing fee for an initial I-765 under category (c)(8) based on a pending asylum application is $550. The fee cannot be waived.

Additional Fee for Renewal Applications. H.R.1 imposed an additional filing fee of $275 on renewal applications. Effective July 22, 2025, the total renewal fee for I-765 for category (c)(8) based on a pending asylum application is $745 if submitted online, or $795 by mail. A fee waiver is not available for the $275 portion imposed by H.R.1, however, the base $520 fee may still be waived (only through a mail submission).

Automatic Termination. When an asylum application is denied, previously, the (c)(8) EAD would remain valid until the printed expiration date. Under H.R.1, the work authorization will automatically terminate prior to the printed date in the case of a final denial. For defensive filings, any (c)(8) EAD will terminate automatically upon a final order of removal either before the Immigration Court (after the 30-day appeal period expires and no appeal filed before the Board of Immigration Appeals (BIA)), or immediately if the BIA affirms the denial of an asylum application, even if a petition to review is filed at a U.S. Court of Appeals. For affirmative filings, the EAD remains valid if the case is referred to EOIR but will terminate if USCIS denies the case without referring to EOIR.

i Special thanks to Greg Fay and the Asylum and Refugee Committee, and the EOIR Committee for their work drafting this practice alert.
ii This budget reconciliation bill is also called the “One Big Beautiful Bill Act” found at: https://www.congress.gov/bill/119th-congress/house-bill/1/text.
iii https://www.uscis.gov/newsroom/alerts/uscis-updates-fees-based-on-hr-1
iv PM 25-36 (PDF) Statutory Fees Under the One Big Beautiful Bill Act
v https://www.uscis.gov/newsroom/news-releases/uscis-to-modernize-fee-payments-with-electronic-funds
vi https://www.federalregister.gov/documents/2025/07/22/2025-13738/uscis-immigration-fees-required-by-hr-1-reconciliation-bill