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Key Changes To Asylum And Work Permits Under 2025 OBBA

On Behalf of | Sep 30, 2025 | Asylum, Employment/Business Immigration

If you are planning to seek asylum or apply for work authorization (EAD) based on a pending asylum case in the United States, significant changes have been implemented as of July 2025 under the “One Big Beautiful Bill Act” (OBBA). Understanding these new rules, fees and procedures is crucial to protect your rights and ensure a smooth application process. At Babila Law, LLC, we have been closely tracking these changes and guiding clients through the transition to help them stay compliant and avoid delays.

New Fees for Asylum Applications: What You Need To Know

For the first time in U.S. immigration history, asylum seekers are now required to pay a $100 application fee when submitting their asylum application, whether it’s through USCIS or in Immigration Court. This is a major shift from the previous system, where applying for asylum was free. 

Unfortunately, the rollout of this new fee has been anything but smooth. While initially, the Immigration Court (EOIR) had no working system to process the payment and applicants needed to file a special request asking the court to accept the application without payment, the Immigration Court (EOIR) recently announced applicants can pay the initial asylum application fee through the EOIR Payment Portal.

It’s also important to note that no fee waivers are available for this application fee. That means every applicant must pay the full amount, regardless of financial hardship. At Babila Law, LLC, we are closely monitoring these developments and are prepared to guide clients through the process.

Annual “Asylum Pending” Maintenance Fee

Another significant change under OBBA is the introduction of a $100 annual maintenance fee for anyone with a pending asylum. This fee applies regardless of the reason for the delay, including court backlogs, agency delays or other circumstances beyond your control.

Even if you filed your application before OBBA was passed, you’ll still be required to pay this fee if your case remains pending into the new fiscal year. “The government will issue personalized notices detailing the amount owed, payment deadlines, and online payment instructions. Until then, many applicants remain uncertain.

Like the initial application fee, no waivers are available for this annual fee.

Work Permits For Asylum Seekers: Increased Costs And No Waivers

If you’re applying for a work permit (EAD) based on a pending asylum case, OBBA has introduced significant changes. The initial EAD application now requires a $550 fee, a substantial increase from the previous system where first-time asylum EADs were free. This fee is mandatory and no waivers are available, even if you’re facing financial hardship.

Renewing or extending your EAD costs $795 by mail or $745 online, including both the OBBA surcharge and existing USCIS processing fees. 

How Long Will A Work Permit Remain Valid?

It’s also important to understand how long your EAD remains valid. If your asylum application is denied by USCIS and not referred to an immigration judge, your work permit ends immediately. If an immigration judge denies your case, your EAD will expire 30 days later, unless you file an appeal with the Board of Immigration Appeals (BIA). If the BIA denies your appeal, your EAD ends right away. And if you appeal to a federal court, you cannot renew your EAD during that process.

Need Help Navigating These Changes?

Consulting an experienced immigration lawyer can provide you with the guidance and support you need to navigate these complex changes effectively. At Babila Law, LLC, we stay ahead of immigration law updates so you don’t have to. If you’re unsure how OBBA affects your asylum or work permit application, scheduling a consultation with a knowledgeable immigration attorney can answer your questions about your case and put your mind at ease.

From our office in Prince George’s County, our firm helps clients with immigration matters in Bowie, Hyattsville, Silver Spring and throughout Maryland and the entire East Coast.