US Immigration Court Fees Rising October 1, 2026: What You Need to Know

Immigration Court Fees Increase October 1, 2026

Starting October 1, 2026, individuals filing documents with U.S. immigration courts and the Board of Immigration Appeals will face higher fees. This adjustment, a 3.4 percent increase, is mandated by the Justice Department’s Executive Office for Immigration Review (EOIR) as part of fiscal year 2027 fee updates. The changes are a result of the H.R. 1, the One Big Beautiful Bill Act, which requires annual adjustments to these fees based on inflation. Understanding these new costs is important for anyone navigating the immigration court system.

The fee increases range from $20 to $50 per filing. These new amounts apply to any appeal, motion, or application submitted to an immigration court or the Board on or after October 1, 2026. Filings submitted by September 30, 2026, will still be subject to the current, lower fees. It is crucial to ensure that filings include the correct fee or a fee waiver request, as incomplete submissions will be rejected.

How the Fee Increases Are Calculated

The H.R. 1 law dictates the formula for these fee adjustments. Each fee’s portion derived from H.R. 1 is multiplied by the percentage change in the Consumer Price Index for All Urban Consumers (CPI-U) from July of the previous year to July of the current year. This adjusted amount is then added to the existing fee and rounded down to the nearest $10. The annual asylum fee is an exception, rounding down to the nearest dollar. For fiscal year 2027, the CPI-U rose by 3.4 percent between July 2025 and July 2026, leading to the current adjustments.

Key Fee Changes for Immigration Court Filings

Several common immigration court filings will see increased costs. For instance, an appeal of an immigration judge’s decision to the Board of Immigration Appeals, filed using Form EOIR-26, will now cost $1,060, an increase of $30 from the previous $1,030. Similarly, motions to reopen or reconsider a decision from an immigration judge will cost $1,095, up by $30.

Applications for cancellation of removal also face higher fees. Form EOIR-42A, for cancellation of removal for permanent residents, will increase by $20 to $730. The most significant dollar increase is for Form EOIR-42B, cancellation of removal and adjustment of status for non-permanent residents, which will now cost $1,690, an increase of $50. Even motions to reopen that are tied to fee-free relief will now cost $950 due to the H.R. 1 fee component.

Department of Homeland Security (DHS) Fees Remain Unchanged for Now

While EOIR fees are adjusted on October 1, 2026, fees collected by the Department of Homeland Security (DHS) have not yet been updated for fiscal year 2027. These include fees for asylum applications, annual asylum fees, and work permits for asylum seekers, parolees, and Temporary Protected Status (TPS) holders. DHS typically announces its fee adjustments later in the year, often in November, with changes taking effect in January. Therefore, the current FY2026 amounts for these DHS fees remain in place for the time being.

For example, the asylum application fee (Form I-589) remains $100, and the annual asylum fee is still $102. Work permits for asylum seekers, parolees, and TPS holders also retain their FY2026 rates. It is important to note that these DHS fees, though collected by EOIR in immigration court, are set by DHS and will change independently of the EOIR fee adjustments.

Payment Methods and Fee Waivers

Since June 11, 2026, the EOIR Payment Portal is the exclusive method for paying immigration court and Board of Immigration Appeals fees. It is important to remember that paying a fee does not automatically file the document; it is a separate step. Fees are generally non-refundable, regardless of the case outcome.

Fee waiver rules remain unchanged for FY2027. Immigration judges have the discretion to waive fees for motions and applications for relief if the filer can demonstrate an inability to pay. This requires submitting a signed affidavit or an unsworn declaration under penalty of perjury explaining the financial hardship. Appeals to the Board of Immigration Appeals can also be filed with a fee waiver request. However, the asylum application fee and the annual asylum fee cannot be waived or reduced.

What to Do Before the Fee Increase

For those with filings ready before October 1, 2026, filing by September 30 can result in savings of $20 to $50. However, it is not advisable to rush a filing or submit incomplete documents solely to avoid the fee increase. The greater risk lies in missing deadlines or submitting incorrect fees after the new rates take effect.

It is essential to be aware of your actual filing deadlines. For instance, appeals to the Board are typically due within 30 days of an immigration judge’s decision, while motions to reopen generally have a 90-day deadline from a final order. If you are working with an attorney or accredited representative, confirm who is responsible for payment and filing, and ensure they process the payment and submission in the same session to avoid potential fee discrepancies if filing occurs on or after October 1.

Upcoming Fee Changes to Monitor

Beyond the EOIR fee adjustments, individuals should stay informed about potential changes to DHS fees. Based on past practices, DHS may announce its FY2027 fee adjustments for asylum, parole, and TPS-related applications in November 2026, with the new rates likely taking effect in January 2027. Additionally, DHS has proposed changes to fees for Forms N-400 and N-336, and ICE has proposed raising fees for certain individuals ordered removed in absentia. These developments could impact future immigration filings.

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