VAM v. USCIS: Annual Asylum Fees and Work Permits

"The government is making things difficult for immigrants who, like me, are trying to do everything right.”  - ASAP Member 

On July 1, 2026, ASAP members filed a lawsuit to challenge USCIS’s implementation of the annual asylum fee and attacks on work permits for asylum seekers and TPS holders. A different ASAP lawsuit, ASAP v. EOIR, is separately challenging the immigration court’s implementation of the annual asylum fee.

To check if your annual asylum fee is due and how to pay: read our annual asylum fee page. There can be serious consequences if you do not pay by the deadline. 

Case Background:

On July 1, 2026, ASAP members filed a lawsuit to challenge USCIS’s implementation of the annual asylum fee and attacks on work permits for asylum seekers and immigrants with Temporary Protected States (TPS). 

We filed this lawsuit alongside members of the National TPS Alliance (NTPSA), the Venezuelan Association of Massachusetts (VAM), the Service Employees International Union (SEIU), and SEIU Local 32BJ (32BJ). The lawyers on the case are from ASAP, Democracy Forward, and the National Day Laborer Organizing Network (NDLON). 

ASAP members have raised serious concerns about the annual asylum fee and work permits, and we filed this lawsuit in response to their concerns. 

The lawsuit argues that: 

• USCIS has unlawfully implemented the new annual asylum fee. USCIS is providing unreliable notice, imposing harsh penalties, immediately terminating work permits, and charging the fee retroactively.

• USCIS has unlawfully removed a long-standing rule that required initial work permits to be processed within 30 days — and made this change without informing the public.

• USCIS has unlawfully adopted new policies that cause gaps in work authorization for immigrants with TPS.

Lawsuit Timeline:

• July 1, 2026: ASAP members filed a lawsuit, alongside members of the National TPS Alliance (NTPSA), the Venezuelan Association of Massachusetts (VAM), the Service Employees International Union (SEIU), and SEIU Local 32BJ (32BJ). 

Selected Documents: 

Below is a selection of documents related to the lawsuit. 

• This lawsuit challenges several DHS policies, including an April 2026 Interim Final Rule (IFR) about the annual asylum fee, TPS, and work permits. 

• ASAP’s First Comment Opposing the IFR, submitted alongside NTPSA, SEIU, and 81 other organizations (May 29, 2026) 

• ASAP’s Second Comment Opposing the IFR (June 29, 2026) 

• Complaint (July 1, 2026)