Immigration court and BIA fees rose October 1. What appeals and motions cost now
What changed
The Executive Office for Immigration Review (EOIR), the Justice Department agency that runs the immigration courts and the Board of Immigration Appeals (BIA), raised its H.R. 1 fees by 3.4% for fiscal year 2027. The new amounts took effect October 1, 2026, under a final rule published August 21, 2026.
| Filing | Before Oct. 1, 2026 | From Oct. 1, 2026 |
|---|---|---|
| Appeal of an immigration judge decision to the BIA (EOIR-26) | $1,030 | $1,060 |
| Appeal of a DHS officer decision to the BIA (EOIR-29) | $1,030 | $1,060 |
| Motion to reopen or reconsider, immigration judge | $1,065 | $1,095 |
| Motion to reopen or reconsider, BIA | $1,030 | $1,060 |
| Cancellation of removal, permanent residents (EOIR-42A) | $710 | $730 |
| Cancellation of removal, non-permanent residents (EOIR-42B) | $1,640 | $1,690 |
A separate notice published September 29, 2026 set the H.R. 1 portion for some DHS forms filed in court, also effective October 1. For example, the annual asylum fee is $105 and the H.R. 1 portion for adjustment of status (I-485) is $1,590. The $100 asylum application fee did not change. For DHS forms, the total you pay may also include the regular DHS fee.
Each amount above is the H.R. 1 fee plus EOIR's own base fee, as listed in 8 C.F.R. 1103.7 after the August 21 rule. A motion to reopen or reconsider based only on an application for relief that has no fee costs $950. Any required biometrics fee is extra.
Who is affected
People in removal proceedings, people appealing an immigration judge's decision, and people asking the court or BIA to reopen a case. The USCIS fee increase of October 16 is separate and covers filings with USCIS; see our USCIS fees story.
What to do now
- Do not miss a deadline over a fee question. BIA appeal deadlines are short. An appeal must be received within 30 days of the judge's decision; a 2026 rule that would have cut this to 10 days was vacated by a federal court in March 2026. Fee changes do not extend any deadline, so confirm yours with a lawyer right away.
- Confirm the amount on the EOIR payment portal before paying, and keep your receipt.
- Ask about fee waivers. Some EOIR filings allow a fee waiver request; others do not. A lawyer or accredited representative can tell you which apply.
- Get help early. See our free legal help page and, if a family member is detained, our detention and deportation help guide.
Pay EOIR only through official channels. Be wary of anyone who asks you to send court fees to them personally.
Key dates
- June 11, 2026: EOIR interim final rule took effect. Among other changes, people filing several applications for relief now pay the fee for each one, not just the most expensive, and EOIR fees are paid directly to EOIR.
- August 21, 2026: Final rule with the fiscal year 2027 EOIR amounts published.
- September 29, 2026: Notice with amounts for DHS forms filed in court published.
- October 1, 2026: New amounts took effect.
Common questions
I filed my appeal in September. Do I owe the difference?
The new amounts apply to filings made on or after October 1, 2026. If your filing was accepted before then with the correct fee at that time, the increase generally should not apply to it. Keep your receipt.
Why do some fees differ between court and USCIS?
EOIR and USCIS adjust their H.R. 1 amounts on different schedules. Between October 1 and October 16, 2026, for example, the TPS fee was already $520 in court but still $510 at USCIS.
What's next
H.R. 1 requires these fees to be adjusted for inflation each year, so another change is likely for fiscal year 2028. Our know your rights guide and policy tracker are updated as rules change.
Official sources
- Federal Register: Inflation Adjustment for EOIR OBBBA Fees; Fiscal Year 2027 (Aug. 21, 2026)
- Federal Register: Inflation Adjustment for EOIR OBBBA Fees for Certain DHS Forms; Fiscal Year 2027 (Sept. 29, 2026)
- U.S. Department of Justice: Executive Office for Immigration Review
- Federal Register: EOIR Fees, interim final rule (June 11, 2026)
- Federal Register: Appellate Procedures for the Board of Immigration Appeals (Feb. 6, 2026)
- EOIR: Types of Appeals, Motions, and Required Fees
General information, not legal advice. Immigration rules change and every case is different; talk to a qualified immigration attorney about your situation. USVisa.com is not a government website. Spot an error? Tell us.
