BIA ruling puts focus on $102 annual asylum fee deadlines

A $102 annual payment is now a potentially decisive procedural requirement for many long-pending asylum cases. In a precedential decision issued July 24, the Board of Immigration Appeals said an asylum application can be pretermitted or deemed abandoned when the required annual fee is not paid by the prescribed deadline.

The decision, Matter of L-F-R-, 29 I&N Dec. 787 (BIA 2026), also limited the reach of that consequence. The BIA held that the annual asylum fee and its nonpayment consequences apply to asylum claims, but not to separate claims for statutory withholding of removal or protection under the Convention Against Torture, commonly called CAT.

What the July 24 BIA decision held

The case involved a respondent who filed a Form I-589 seeking asylum, withholding of removal and CAT protection. An Immigration Judge gave her a March 16, 2026, deadline to pay the annual asylum fee. When she did not pay, the judge pretermitted the application.

The BIA held that an Immigration Judge or the Board may set a deadline for paying the annual fee and that failure to pay within the prescribed deadline is fatal to the asylum claim. But the Board said the entire Form I-589 should not have been pretermitted because the related withholding and CAT claims are legally distinct and must be considered separately.

The ruling does not mean that every missed payment produces the same result automatically. The notice given, the deadline set, the applicant’s opportunity to pay and the procedural posture of the case can matter.

How much is the annual asylum fee?

The current fee for fiscal year 2026 is $102. The charge is not a new fee enacted on August 5, 2026. It comes from the 2025 reconciliation law, with the amount adjusted for inflation for fiscal year 2026.

EOIR says the annual fee applies when an asylum application has been pending for one year or more on or after October 1, 2025. If the application remains pending for another 365 days after the initial fee was due, another annual fee can become due, with the cycle continuing for each additional year.

The current federal framework does not permit a waiver or reduction of the annual asylum fee. That rule is separate from fee-waiver provisions that may apply to other immigration applications.

Who pays through USCIS and who pays through EOIR?

The payment process depends on where the asylum case is pending.

Affirmative asylum cases before USCIS: USCIS says it sends individual notices when the annual fee is due. The notice identifies the amount, the payment deadline, the payment method and the consequences of failing to pay. Under USCIS regulations adopted in 2026, the annual fee generally must be paid within 30 days after the notice is sent. USCIS’s payment system uses electronic payment through Pay.gov, including credit-card or Automated Clearing House options.

Applicants with affirmative cases should monitor their USCIS online account and mail, keep their address current and follow the specific instructions in the notice. They should not assume that an EOIR court order or deadline applies to a case handled by USCIS.

Defensive cases in immigration court or before the BIA: EOIR says the Immigration Judge or the Board will provide a written order regarding payment of the annual fee. Applicants must follow that order and use the EOIR Payment Portal. EOIR stopped accepting checks and money orders for immigration fees on February 23, 2026.

The deadline in an EOIR case may be set by the Immigration Judge or, where applicable, by the BIA. The BIA’s Matter of L-F-R- decision says the deadline must provide sufficient notice and an opportunity to pay, with the adequacy of that opportunity determined case by case.

What happens if the payment is missed?

For an immigration-court or BIA case, the July 24 ruling says the asylum application should be pretermitted or deemed abandoned if the annual fee is not paid by the prescribed deadline. In the case before the BIA, the Board upheld the denial of asylum after finding that the respondent had received sufficient notice and an opportunity to pay.

For an affirmative case before USCIS, the agency’s 2026 rule says that failure to pay within 30 days of the notice can result in rejection of the pending asylum application and denial of an associated employment-authorization application. Applicants should rely on the deadline and instructions in their own USCIS notice because agency procedures can change.

A missed fee does not automatically mean that a person will be removed from the United States. It can seriously jeopardize the asylum claim, but the BIA held that the fee requirement and its nonpayment consequences do not extend to separate claims for withholding of removal or CAT protection.

Why the withholding and CAT distinction matters

One Form I-589 can be used to seek asylum, withholding of removal and CAT protection. Those claims are related, but they have different legal standards and consequences.

In Matter of L-F-R-, the BIA held that the annual fee applies only to an application for asylum under the relevant statutory provision. It does not apply to statutory withholding of removal or CAT protection. The Board therefore remanded the case so those separate claims could be considered even though the asylum claim had been denied for nonpayment.

That does not guarantee approval of withholding or CAT protection. It means only that those claims cannot be rejected solely because the annual asylum fee was not paid.

Checklist for applicants and families

• Check every USCIS notice, USCIS online-account message and immigration-court order for the fee amount and deadline.
• Identify which agency has the case: USCIS for an affirmative case, or EOIR for an immigration-court or BIA case.
• For EOIR cases, wait for and follow the written payment order, then use the EOIR Payment Portal.
• For USCIS cases, follow the individual notice and its payment instructions rather than relying on general information about EOIR.
• Save payment confirmations, receipts, screenshots and copies of the notice or court order.
• If a deadline may have been missed, contact an immigration attorney or DOJ-accredited representative promptly.
• Ask specifically whether the case includes separate withholding-of-removal or CAT claims and how the missed payment affects each claim.

The annual-fee system has been affected by litigation, agency guidance and implementation changes. This article provides general information, not individualized legal advice. Applicants should rely on the latest notice from the agency or court handling the case and seek qualified help when a deadline is unclear or has passed.

Sources

• Matter of L-F-R-, 29 I&N Dec. 787 (BIA 2026)
• USCIS Annual Asylum Fee payment page
• USCIS annual-fee interim final rule

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