Immigration court fees went up by $20 to $50 on October 1, the first day of fiscal year 2027, for appeals, motions and applications filed with the immigration courts and the Board of Immigration Appeals (BIA)The administrative body within the Department of Justice that hears appeals from immigration judges and certain USCIS decisions.See it in the glossary. The Justice Department’s Executive Office for Immigration Review (EOIR) adjusted the charges for inflation in a final rule published August 21, as the 2025 budget law known as H.R. 1 requires.
What the new immigration court fees are
The new amounts apply to filings made on or after October 1. EOIR will keep rejecting filings that arrive without the correct fee or a request for a fee waiver, the rule says. The table shows common filings and their totals, not counting BiometricsFingerprints, a photograph and a signature collected at a USCIS Application Support Center for background checks.See it in the glossary fees. The “before” column adds each fee’s 2026 H.R. 1 amount to the separate EOIR fee listed in the rule.
| Filing | Before | From Oct. 1 | Change |
|---|---|---|---|
| Appeal of an Immigration judgeAn attorney appointed by the Attorney General who presides over removal proceedings in immigration court, part of the Executive Office for Immigration Review.See it in the glossary decision (EOIR-26) | $1,030 | $1,060 | +$30 |
| Motion to reopenA request asking an immigration judge or the Board of Immigration Appeals to reopen a case after a decision so new facts or evidence can be considered. As a general rule it must be filed within 90 days of the final order, and only one is generally allowed, with exceptions set out in INA 240(c)(7) and the regulations.See it in the glossary or reconsider an immigration judge decision | $1,065 | $1,095 | +$30 |
| Motion to reopen or reconsider a Board of Immigration Appeals decision | $1,030 | $1,060 | +$30 |
| Cancellation of removalA form of relief in which an immigration judge can cancel a removal order (INA 240A). For green card holders it generally requires at least 5 years as a permanent resident, 7 years of continuous residence after admission in any status, and no aggravated felony conviction. For others it generally requires 10 years of continuous physical presence, good moral character, no disqualifying convictions, and exceptional and extremely unusual hardship to a U.S. citizen or permanent resident spouse, parent or child.See it in the glossary for permanent residents (EOIR-42A) | $710 | $730 | +$20 |
| Cancellation of removal for nonpermanent residents (EOIR-42B) | $1,640 | $1,690 | +$50 |
| Suspension of deportation (EOIR-40) | $710 | $730 | +$20 |
Why the immigration court fees changed
H.R. 1, which became law on July 4, 2025, created new immigration-related fees for EOIR filings and told the Attorney General to adjust them for inflation every year. The rule applies the formula in the statute. Each H.R. 1 fee rises by the percentage that the consumer price index for July 2026 exceeds the July 2025 figure, which was 3.4 percent, and the result is rounded down to the nearest $10.
EOIR published the rule without a comment period or a delayed start. It said those steps were unnecessary because the department must follow the statute and the changes are “purely ministerial.”
What the rule does not change
The rule leaves the separate fees EOIR collects under section 286(m) of the Immigration and Nationality Act as they were, and it makes no change to fee exceptions or waivers. Fees for forms published by the Department of Homeland Security that people file in court are not part of EOIR’s fee schedule. EOIR said it will update those amounts on its website and payment portal.
The department said the rule adds no cost for the public beyond what the statute already requires, and that EOIR will update the amounts every year.
How it fits with other fee changes
USCIS is separately raising some AsylumProtection granted to a person already in the United States or at a port of entry who meets the definition of a refugee and cannot safely return to their country.See it in the glossary, ParoleDiscretionary, temporary permission for a person who may be inadmissible to enter or remain in the United States for urgent humanitarian reasons or significant public benefit, set out in INA 212(d)(5). Parole is not an admission, and a paroled person is still treated as an applicant for admission.See it in the glossary and Temporary Protected Status (TPS)A designation that lets nationals of certain countries facing conflict or disaster stay and work in the United States temporarily.See it in the glossary fees on October 16, we reported. For what the notices that start a court case mean, see our guide to immigration court notices, and for a recent Board decision on asylum cases, the BIA ruling.