EOIR Court Fees Rise October 1, 2026: New Amounts for Appeals, Motions to Reopen and Cancellation

On October 1, 2026, the fee for most appeals, motions and applications filed with the immigration courts and the Board of Immigration Appeals (BIA) goes up by about 3 percent. The Executive Office for Immigration Review (EOIR) published the adjustment in a final rule on August 21, 2026, Inflation Adjustment for EOIR OBBBA Fees; Fiscal Year 2027, 91 Fed. Reg. 54211, and followed it on September 29, 2026 with a notice covering the Department of Homeland Security (DHS) forms that EOIR collects fees for, 91 Fed. Reg. 61447.

The short version: a BIA appeal rises from $1,030 to $1,060, a motion to reopen before an immigration judge rises from $1,065 to $1,095, and an application for cancellation of removal for a green card holder rises from $710 to $730. An adjustment application (Form I-485) filed in court carries a court fee of $1,590, up from $1,540. The rules for fee waivers and fee exceptions do not change. Below is the full list, what stays the same, and what to check before you file.

What Changes on October 1, 2026

The new amounts apply to relevant filings made with an immigration court or the BIA on or after October 1, 2026, the first day of federal fiscal year 2027. EOIR has said it will keep rejecting any filing that does not come with the proper fee or a request for an applicable fee waiver. Every amount in this article comes from the two Federal Register documents above and from the current text of 8 CFR 1103.7, as published in the eCFR through September 24, 2026.

Why the Fees Change Every Year

Congress created new EOIR filing fees in the One Big Beautiful Bill Act, Public Law 119-21, enacted on July 4, 2025, and required the Attorney General to raise them for inflation every year. EOIR describes the formula this way: take last year's fee for the filing, add that amount multiplied by the percentage increase in the Consumer Price Index for All Urban Consumers between July of the prior year and July of the current year, and round down to the nearest $10. For fiscal year 2027, that increase is 3.4 percent.

Only the part Congress created goes up. The older EOIR fee that was already in place, which EOIR calls the section 286(m) fee, does not change. That is why a BIA appeal rises by $30, not by 3.4 percent of the whole fee: the $110 base stays, and the added fee goes from $920 to $950.

Appeals to the Board: New Amounts

• Notice of Appeal from an immigration judge's decision (Form EOIR-26): $1,030 now, $1,060 from October 1.
• Notice of Appeal to the BIA from a DHS officer's decision (Form EOIR-29): $1,030 now, $1,060 from October 1.
• Appeal in a practitioner disciplinary case (Form EOIR-45): $2,030 now, $2,070 from October 1.

When one appeal or motion covers two or more people who are covered by one decision, only one fee is required. Our guide to appealing an immigration judge's decision to the BIA explains how the appeal itself works.

Motions to Reopen or Reconsider: New Amounts

• Motion to reopen or reconsider an immigration judge's decision: $1,065 now, $1,095 from October 1.
• Motion to reopen or reconsider a BIA decision: $1,030 now, $1,060 from October 1.
• Motion to reopen based only on relief that does not require a fee, or motion to reconsider based only on a prior application that needed no fee: $920 now, $950 from October 1. This is the added fee alone, with no section 286(m) fee on top.

If a motion to reopen before the Board is based on an application for relief, you pay only the motion fee to the Board. If the Board grants the motion and sends the case back to the immigration judge, the application fee is paid at that point. We cover motions in detail on our motion to reopen page.

Court deadline coming up and a fee change on October 1?

The amount is only one part of the filing. We check your deadline, the correct fee or waiver, and the strength of the filing before anything goes to the court.

Talk to a Removal Defense Attorney

Or call (484) 763-4984

Cancellation of Removal Applications: New Amounts

• Cancellation of removal for certain permanent residents (Form EOIR-42A): $710 now, $730 from October 1.
• Suspension of deportation (Form EOIR-40): $710 now, $730 from October 1.
• Cancellation of removal and adjustment of status for certain nonpermanent residents (Form EOIR-42B): $1,640 now, $1,690 from October 1.

These totals leave out biometrics fees, which are separate. For how the two forms of cancellation work and who qualifies, see our guide to cancellation of removal and the 10-year rule.

DHS Forms Filed in Court That Also Go Up

Some applications are DHS forms but are filed with an immigration judge. For those, EOIR collects the added fee that Congress created, and the September 29 notice sets the new amounts. It does not change the fees for those forms that are collected under section 286(m) of the Immigration and Nationality Act.

• Form I-485, adjustment of status: the court fee is $1,540 now and $1,590 from October 1. It is paid on top of the USCIS fee, which is $1,440 for an applicant 14 or older, so the all-in cost in court is $3,030 after October 1, before any biometrics fee. Our fee guide lists the USCIS side.
• Form I-601, waiver of grounds of inadmissibility: $1,070 now, $1,100 from October 1.
• Form I-589, asylum, initial application: $100, unchanged.
• Form I-589, annual asylum fee: $102 now, $105 from October 1. The regulation says this annual fee cannot be waived or reduced.
• Form I-821, Temporary Protected Status: $510 now, $520 from October 1.

A Form I-589 filed with an immigration judge only to seek withholding of removal or protection under the Convention Against Torture has no fee. Our guide to defensive asylum in removal proceedings covers how that filing works.

What Does Not Change

EOIR's August 21 rule states that it does not change any fee exceptions or waivers. Under 8 CFR 1003.8(a)(2), no fee is required for a custody bond appeal, a motion filed while an appeal or motion is already pending before the Board, a motion asking only for a stay of removal, any appeal or motion filed by DHS, a jointly filed motion that all parties agree to, or a filing under a law or regulation that specifically requires no fee.

The Board can waive its fee for an appeal or motion when the filing party shows an inability to pay. The request goes on Form EOIR-26A, with a declaration signed under penalty of perjury, and is filed together with the appeal or motion. If the waiver request does not show inability to pay, the regulation gives you 15 days to re-file with the fee or a new waiver request, and it pauses the filing deadline during those 15 days. Motions filed with an immigration judge use the fee waiver rules in 8 CFR 1103.7(c).

How Fees Are Paid, and Why Payment Is Not Filing

EOIR accepts fee payments only through the EOIR Payment Portal. Under 8 CFR 1103.7(a), paying the fee does not by itself file the appeal, motion or application. You still have to file the document with the court or the Board, with proof of payment, and the filing fee is generally not refunded whatever the outcome. A filing that arrives without proof of payment or a waiver request can be rejected, so payment and filing have to be planned together.

Deadlines Do Not Move When Fees Do

The new amount depends on when a filing is made, but the deadline to file does not change. The deadline for a Notice of Appeal from an immigration judge's decision is short, it was the subject of a 2026 rule change and court ruling, and the regulation as displayed online can be out of step with the current rule, so do not rely on a number you read online. Our guide to appealing an immigration judge's decision to the BIA explains the current deadline and why it is easy to get wrong.

Under 8 CFR 1003.23(b)(1), a motion to reopen before an immigration judge is generally due within 90 days of the final order and a motion to reconsider within 30 days, and a party may file only one of each. There are exceptions, including for some in absentia orders, which we explain in our posts on Matter of Diji and reopening an in absentia order. If a filing will be made around September 30 or October 1, do not guess which fee applies. Confirm how the filing date is counted for the way you are filing before the last day, not on it.

What This Means in the Lehigh Valley

For families in Allentown, Bethlehem, Easton and across the Lehigh Valley whose cases are usually heard at the Philadelphia Immigration Court, the increase is modest next to the total cost of a case, but a rejected filing is not. Government filing fees are paid to EOIR or DHS, not to our firm, and our attorney fees and payment plans are separate. If you cannot afford a fee that can be waived, a properly supported waiver request has to be filed with the appeal or motion, not after it.

Frequently Asked Questions

When do the new EOIR fees take effect?

October 1, 2026. EOIR's notices say the fiscal year 2027 amounts are required for relevant filings made with the immigration courts or the BIA on or after that date.

How much will a BIA appeal cost after October 1?

$1,060 for a Notice of Appeal from an immigration judge's decision (Form EOIR-26) or from a DHS officer's decision (Form EOIR-29), unless a fee waiver or fee exception applies. The amount is $1,030 for filings made before October 1.

Does the increase apply to an I-485 filed in immigration court?

Yes. The EOIR court fee for Form I-485 rises from $1,540 to $1,590. It is paid in addition to the USCIS fee, which is $1,440 for an applicant 14 or older, so the all-in cost in court is $3,030 after October 1, before any biometrics fee.

Can I get a fee waiver?

Often for BIA appeals and motions, yes. The Board can waive its fee when you show you cannot pay, using Form EOIR-26A with a declaration signed under penalty of perjury, filed together with the appeal or motion. The annual asylum fee cannot be waived or reduced, and DHS forms identified as non-waivable by DHS regulations cannot be waived either.

Does the fee increase change my filing deadline?

No. Deadlines come from the regulations, not from the fee. A motion to reopen before an immigration judge is generally due within 90 days of the final order and a motion to reconsider within 30 days. The deadline for appealing an immigration judge's decision is short and was the subject of a 2026 rule change and court ruling, so confirm your exact deadline with an attorney as soon as you have a decision.

Get Help With a Court Filing

Lehigh Valley Immigration Law handles removal defense appeals, motions and applications at the Philadelphia Immigration Court and the BIA, and we check the deadline, the correct fee or waiver, and the strength of the filing before anything is submitted. We offer a free bilingual consultation. Call (484) 763-4984 or contact us online. Every case is different, and no result can be guaranteed.