Applying for Asylum in the US: Process, Deadlines, Fees and Work Permits

To apply for asylum in the US, you file Form I-589 within 1 year of your last arrival, either with USCIS (affirmative asylum) or before an immigration judge if you are in removal proceedings (defensive asylum). There is no regular USCIS filing fee, but since 2025 you pay a $100 fee at filing and an Annual Asylum Fee ($102, rising to $105 from October 16, 2026) for every year the case is pending. You can apply for a work permit after 150 days and receive it after 180 days.

Key points

• Deadline: 1 year from your last arrival, with narrow exceptions.
• Fees (H.R. 1): $100 at filing (principal only) plus the Annual Asylum Fee. These fees cannot be waived.
• Work permit: file at 150 days, eligible at 180 days. The initial asylum EAD has an H.R. 1 fee of $560 ($570 from October 16, 2026).
• EAD validity is now 18 months at most (since December 5, 2025).
• USCIS’s 2025-2026 pause on asylum decisions was vacated by a federal court on June 5, 2026.

Who can get asylum

Asylum protects people who are in the United States or at a port of entry and who cannot return home because of past persecution or a well-founded fear of future persecution on account of one of five grounds:

1. race
2. religion
3. nationality
4. political opinion
5. membership in a particular social group

You must show the government of your country is responsible for the harm, or is unable or unwilling to protect you. Some people are barred, for example because of certain crimes, persecuting others, firm resettlement in another country, or security grounds (USCIS).

People outside the US apply for refugee status through the US Refugee Admissions Program instead. The refugee ceiling for FY2027 is 17,500.

Affirmative vs defensive asylum

	Affirmative asylum	Defensive asylum
Who	People in the US who are not in removal proceedings	People in removal proceedings in immigration court
Where you file	USCIS	Immigration court (EOIR)
Hearing	Non-adversarial interview with an asylum officer	Adversarial hearing before an immigration judge, with a government (ICE) attorney
If not granted	If you have no other status, you are referred to immigration court and the judge decides the case from the start	You may appeal to the Board of Immigration Appeals

There is also an Asylum Merits Interview process with USCIS for some people found to have a credible fear at the border.

The 1-year filing deadline

You must file within 1 year of your last arrival in the US. USCIS accepts a late application only if you show:

• changed circumstances that materially affect your eligibility (for example, a change in your home country or in your own situation), or
• extraordinary circumstances related to the delay (for example, serious illness),

and that you filed within a reasonable time given those circumstances (USCIS I-589). Missing the deadline does not stop you from asking an immigration judge for withholding of removal or protection under the Convention Against Torture, but those give fewer benefits than asylum.

How to apply, step by step

1. Complete Form I-589. Use the current edition from uscis.gov/i-589. Answer every question. You can include your spouse and unmarried children under 21 who are in the US.
2. Prepare evidence. This includes a detailed personal statement, identity documents, proof of what happened (letters, medical records, police reports, photos), and reports on conditions in your country. Documents in another language need certified English translations.
3. Pay the $100 H.R. 1 fee for the principal applicant. Members of the Ms. L. settlement class and their qualifying family members are exempt under a court order. They must mark this on the form and file on paper.
4. File with USCIS (online or by mail, following the form instructions) or with the immigration court if you are in proceedings.
5. Attend biometrics for fingerprints and photos.
6. Attend your interview or hearing. Bring originals, and bring an interpreter if USCIS requires one for your interview.
7. Pay the Annual Asylum Fee when USCIS or the court notifies you.
8. Receive a decision.

Asylum law is complex, and the result depends heavily on your evidence and testimony. If you can, get help from a licensed immigration lawyer or a DOJ-accredited representative at a recognized nonprofit before filing.

Fees in detail

Fee	Amount	Notes
I-589 filing fee (USCIS)	$0
H.R. 1 asylum fee at filing	$100	Principal applicant only. Cannot be waived
Annual Asylum Fee	$102; $105 from Oct 16, 2026	For each calendar year the I-589 is pending. Paid online after a notice
Initial EAD, (c)(8)	$0 filing fee + $560 H.R. 1 fee; $570 from Oct 16, 2026
EAD renewal, (c)(8)	$520 paper / $470 online + $275 H.R. 1 fee
Refugee travel document (I-131), asylee	$165 (16 and older), $135 (under 16)

Sources: USCIS fee schedule and the FY 2027 inflation notice. Full list: USCIS fees 2026.

The Annual Asylum Fee and what happens if you miss it

• USCIS sends a notice. You have 30 days to pay online. USCIS cannot approve your asylum case while the fee is unpaid.
• A DHS interim final rule effective May 29, 2026 says that if you do not pay within 30 days, USCIS may reject your pending asylum application, deny your pending asylum-based work permit, and end work authorization you already have. It can also start removal if you have no other status.
• Court challenges (status as of October 11, 2026): these consequences are being litigated. Advocates report that a federal court in Massachusetts temporarily barred USCIS in July 2026 from rejecting applications or ending work permits solely for nonpayment, and that a federal court in Maryland ruled in September 2026 on immigration court collection of the fee. The details and scope are still developing. The fee itself is still payable. Do not skip a payment because of news about lawsuits.

If you missed a payment, talk to a lawyer right away.

Work permits for asylum applicants

The 150/180-day clock

• You can file Form I-765 under category (c)(8) once your asylum application has been pending 150 days.
• USCIS can grant the work permit once the application has been pending 180 days (the “asylum EAD clock”).
• Delays you cause or request, such as rescheduling an interview or asking for more time, stop the clock.
• If your asylum case is denied before day 180, you are not eligible.

A DHS proposed rule published February 23, 2026 would lengthen the wait to 365 days and pause new asylum EAD applications while asylum processing is slow. As of October 11, 2026, it is proposed only. USCIS still applies the 150/180-day rules.

Shorter validity

Since December 5, 2025, the maximum validity of a (c)(8) work permit, and of EADs for asylees, refugees and people granted withholding, is 18 months (previously up to 5 years) (USCIS Policy Manual). The 540-day automatic extension also ended for renewals filed on or after October 30, 2025. File renewals well before expiration.

Decisions and delays in 2026

In December 2025, USCIS issued a policy (PM-602-0192) pausing final decisions on affirmative asylum cases. On June 5, 2026, a federal court in Rhode Island (Dorcas International Institute of Rhode Island v. USCIS) vacated that pause and related hold policies. USCIS said it disagrees with the ruling but will comply (USCIS alert). The government appealed. The asylum backlog remains very large, so expect long waits. See our processing times guide.

If you are from a country covered by the 2026 travel ban, the ban does not stop you from seeking asylum inside the US. If you have TPS, see TPS in 2026 for whether your country’s designation is ending.

After asylum is granted

• You can work without a separate application and can request an EAD as an asylee.
• You can petition for your spouse and unmarried children under 21 with Form I-730, generally within 2 years of your grant.
• After 1 year of physical presence as an asylee, you can apply for a green card on Form I-485. Asylees are exempt from the public charge rule.
• Travel abroad requires a refugee travel document. Do not travel to your home country.

What to do next

1. Count your 1-year deadline from your last arrival date and file before it.
2. Contact a licensed immigration lawyer or a DOJ-accredited nonprofit. Many offer free or low-cost help.
3. Gather identity documents, evidence of harm, and country reports, with translations.
4. Keep your address updated with USCIS and the immigration court (if in proceedings). Missed notices can lead to removal orders.
5. Watch your mail and USCIS account for Annual Asylum Fee notices, and pay within 30 days.

This article is general information, not legal advice. Status checked October 11, 2026. More at our US hub and updates page.