Homeland Security sets asylum filing and annual fees with strict penalties under H.R. 1 rule

The United States Department of Homeland Security has issued an interim final rule that sets new immigration charges and enforcement steps under the H.R. 1 Reconciliation Act of 2025, also known as the One Big Beautiful Bill Act.

According to the department, the law creates fees to raise money for immigration enforcement and to require non-citizens to help cover the cost of immigration services.

On July 22, 2025, U.S. Citizenship and Immigration Services published a Federal Register notice putting in place a filing fee for Form I-589, Application for Asylum and for Withholding of Removal, and an Annual Asylum Fee that must be paid in each calendar year while an asylum case remains open.

Under the interim rule, USCIS will reject a pending asylum application if the applicant does not pay the Annual Asylum Fee within 30 days of being notified. The department also cautioned that people without legal status could be referred to removal proceedings.

The department stated: "If USCIS rejects an alien's asylum application, the following additional consequences apply:" "USCIS will deny any pending Form I-765, Application for Employment Authorization, based on the asylum application; and" "Aliens who were approved to work based on the pending application will lose work authorization immediately."

The rule also carries further H.R. 1 changes, including updates to filing fees and employment authorization rules.