The bottom line. The Executive Office for Immigration Review (EOIR) will raise filing fees for immigration court appeals, motions, and applications by roughly 3.4 percent starting October 1, 2026, the first day of Fiscal Year 2027.
The Department of Justice published a final rule on August 21, 2026, adjusting immigration-related filing fees for the Executive Office for Immigration Review (EOIR) to account for inflation, as mandated by the One Big Beautiful Bill Act (OBBBA). The rule, effective October 1, 2026, applies to filings with the Immigration Courts and the Board of Immigration Appeals (BIA) submitted on or after that date.
The adjustment is based on a 3.4 percent increase in the Consumer Price Index for All Urban Consumers (CPI-U) between July 2025 and July 2026. The new fees combine the statutorily required OBBBA fee with the pre-existing fee under section 286(m) of the Immigration and Nationality Act.
What the Rule Changes
The rule updates fees for several EOIR filings. A Notice of Appeal from an Immigration Judge's decision (Form EOIR-26) and a Notice of Appeal to the BIA from a DHS officer's decision (Form EOIR-29) will each cost $1,060. The fee for a Notice of Appeal in a practitioner disciplinary case (Form EOIR-45) rises to $2,070.
Motions to reopen or reconsider an Immigration Judge's decision will cost $1,095, while the same motions before the BIA will cost $1,060. Motions based exclusively on a prior application for relief that did not require a fee will cost $950.
Application Fees
Fees for applications for suspension of deportation (Form EOIR-40) and cancellation of removal for certain permanent residents (Form EOIR-42A) will each rise to $730. The fee for cancellation of removal and adjustment of status for certain nonpermanent residents (Form EOIR-42B) will increase to $1,690.
EOIR will reject any filings not accompanied by the proper fee or a request for an applicable fee waiver. The agency said it will update the amounts on its website and the EOIR Payment Portal.
Statutory Basis
The fee changes are required by OBBBA, which mandates that the Attorney General annually update these fees for inflation using a specific formula. The Department said the rule is ministerial because it is bound to comply with the statutory adjustment requirements, making notice-and-comment procedures unnecessary.
What This Means Right Now
Filings submitted on or after October 1, 2026, must include the updated fee amounts.
Fee waivers and exceptions under existing rules remain unchanged.
Fees for applications published by the Department of Homeland Security and used in immigration proceedings are not affected by this rule.