Title 8 — Aliens and NationalityRelease 119-83
§1812 Fees relating to applications for adjustment of status
Title 8 › Chapter CHAPTER 16— - IMMIGRATION FEES › § 1812
Summary
The Attorney General must charge people filing certain cases in immigration court a fee. The fee must be paid when the case is filed or before the court decides it. For fiscal year 2025 the required amounts are: $1,500 for adjustment of status (and $1,500 for cancellation of removal for non‑lawful permanent residents), $1,050 for a waiver of inadmissibility, $500 for temporary protected status, $900 to appeal an immigration judge decision (not for appeals of bond decisions), $900 to appeal a Department of Homeland Security officer’s decision, $1,325 for a practitioner’s disciplinary appeal, $900 for a motion to reopen or reconsider (certain in‑absentia reopenings are exempt, including some filed before April 1, 1997), $600 for suspension of deportation, and $600 for cancellation of removal for a lawful permanent resident. Starting in fiscal year 2026, each fee will increase each year by the July-to-July Consumer Price Index percentage and then be rounded down to the next lowest $10. In any year, up to 25 percent of the fees collected under each type may be transferred from the Immigration Examinations Fee Account and given to the Executive Office for Immigration Review (EOIR) to keep and spend without more approval; any remaining fee money goes into the U.S. Treasury general fund. EOIR may not spend these collected fees on the Legal Orientation Program or any successor program.
Full Legal Text
Title 8, §1812
Aliens and Nationality — Source: USLM XML via OLRC
(a)(1)In addition to any other fees authorized by law, the Attorney General shall require the payment of a fee, equal to the amount specified in paragraph (2), by any alien who files an application with an immigration court to adjust the alien’s status to that of a lawful permanent resident, or whose application to adjust his or her status to that of a lawful permanent resident is adjudicated in immigration court. Such fee shall be paid at the time such application is filed or before such application is adjudicated by the immigration court.
(2)(A)For fiscal year 2025, the amount specified in this paragraph shall be the greater of—
(i)$1,500; or
(ii)such amount as the Attorney General may establish, by rule.
(B)During fiscal year 2026, and during each subsequent fiscal year, the amount specified in this paragraph shall be equal to the sum of—
(i)the amount of the fee required under this subsection for the most recently concluded fiscal year; and
(ii)the product resulting from the multiplication of the amount referred to in clause (i) by the percentage (if any) by which the Consumer Price Index for All Urban Consumers for the month of July preceding the date on which such adjustment takes effect exceeds the Consumer Price Index for All Urban Consumers for the same month of the preceding calendar year, rounded to the next lowest multiple of $10.
(3)During each fiscal year—
(A)not more than 25 percent of the fees collected pursuant to this subsection—
(i)shall be derived by transfer from the Immigration Examinations Fee Account under section 1356(n) of this title; and
(ii)shall be credited to the Executive Office for Immigration Review to retain and spend without further appropriation; and
(B)any amounts not derived by transfer and credited pursuant to subparagraph (A) shall be deposited into the general fund of the Treasury.
(b)(1)In addition to any other fees authorized by law, the Attorney General shall require the payment of a fee, equal to the amount specified in paragraph (2), by any alien at the time such alien files an application with an immigration court for a waiver of a ground of inadmissibility, or before such application is adjudicated by the immigration court.
(2)(A)For fiscal year 2025, the amount specified in this paragraph shall be the greater of—
(i)$1,050; or
(ii)such amount as the Attorney General may establish, by rule.
(B)During fiscal year 2026, and during each subsequent fiscal year, the amount specified in this paragraph shall be equal to the sum of—
(i)the amount of the fee required under this subsection for the most recently concluded fiscal year; and
(ii)the product resulting from the multiplication of the amount referred to in clause (i) by the percentage (if any) by which the Consumer Price Index for All Urban Consumers for the month of July preceding the date on which such adjustment takes effect exceeds the Consumer Price Index for All Urban Consumers for the same month of the preceding calendar year, rounded to the next lowest multiple of $10.
(3)During each fiscal year—
(A)not more than 25 percent of the fees collected pursuant to this subsection—
(i)shall be derived by transfer from the Immigration Examinations Fee Account under section 1356(n) of this title; and
(ii)shall be credited to the Executive Office for Immigration Review to retain and spend without further appropriation; and
(B)any amounts not derived by transfer and credited pursuant to subparagraph (A) shall be deposited into the general fund of the Treasury.
(c)(1)In addition to any other fees authorized by law, the Attorney General shall require the payment of a fee, equal to the amount specified in paragraph (2), by any alien at the time such alien files an application with an immigration court for temporary protected status, or before such application is adjudicated by the immigration court.
(2)(A)For fiscal year 2025, the amount specified in this paragraph shall be the greater of—
(i)$500; or
(ii)such amount as the Attorney General may establish, by rule.
(B)During fiscal year 2026, and during each subsequent fiscal year, the amount specified in this paragraph shall be equal to the sum of—
(i)the amount of the fee required under this subsection for the most recently concluded fiscal year; and
(ii)the product resulting from the multiplication of the amount referred to in clause (i) by the percentage (if any) by which the Consumer Price Index for All Urban Consumers for the month of July preceding the date on which such adjustment takes effect exceeds the Consumer Price Index for All Urban Consumers for the same month of the preceding calendar year, rounded to the next lowest multiple of $10.
(3)During each fiscal year—
(A)not more than 25 percent of the fees collected pursuant to this subsection—
(i)shall be derived by transfer from the Immigration Examinations Fee Account under section 1356(n) of this title; and
(ii)shall be credited to the Executive Office for Immigration Review to retain and spend without further appropriation; and
(B)any amounts not derived by transfer and credited pursuant to subparagraph (A) shall be deposited into the general fund of the Treasury.
(d)(1)Except as provided in paragraph (3), the Attorney General shall require, in addition to any other fees authorized by law, the payment of a fee, equal to the amount specified in paragraph (2), by any alien at the time such alien files an appeal from a decision of an immigration judge.
(2)(A)For fiscal year 2025, the amount specified in this paragraph shall be the greater of—
(i)$900; or
(ii)such amount as the Attorney General may establish, by rule.
(B)During fiscal year 2026, and during each subsequent fiscal year, the amount specified in this paragraph shall be equal to the sum of—
(i)the amount of the fee required under this subsection for the most recently concluded fiscal year; and
(ii)the product resulting from the multiplication of the amount referred to in clause (i) by the percentage (if any) by which the Consumer Price Index for All Urban Consumers for the month of July preceding the date on which such adjustment takes effect exceeds the Consumer Price Index for All Urban Consumers for the same month of the preceding calendar year, rounded to the next lowest multiple of $10.
(3)The fee required under paragraph (1) shall not apply to the appeal of a bond decision.
(4)During each fiscal year—
(A)not more than 25 percent of the fees collected pursuant to this subsection—
(i)shall be derived by transfer from the Immigration Examinations Fee Account under section 1356(n) of this title; and
(ii)shall be credited to the Executive Office for Immigration Review to retain and spend without further appropriation; and
(B)any amounts not derived by transfer and credited pursuant to subparagraph (A) shall be deposited into the general fund of the Treasury.
(e)(1)In addition to any other fees authorized by law, the Attorney General shall require the payment of a fee, equal to the amount specified in paragraph (2), by any alien at the time such alien files an appeal of a decision of an officer of the Department of Homeland Security.
(2)(A)For fiscal year 2025, the amount specified in this paragraph shall be the greater of—
(i)$900; or
(ii)such amount as the Attorney General may establish, by rule.
(B)During fiscal year 2026, and during each subsequent fiscal year, the amount specified in this paragraph shall be equal to the sum of—
(i)the amount of the fee required under this subsection for the most recently concluded fiscal year; and
(ii)the product resulting from the multiplication of the amount referred to in clause (i) by the percentage (if any) by which the Consumer Price Index for All Urban Consumers for the month of July preceding the date on which such adjustment takes effect exceeds the Consumer Price Index for All Urban Consumers for the same month of the preceding calendar year, rounded to the next lowest multiple of $10.
(3)During each fiscal year—
(A)not more than 25 percent of the fees collected pursuant to this subsection—
(i)shall be derived by transfer from the Immigration Examinations Fee Account under section 1356(n) of this title; and
(ii)shall be credited to the Executive Office for Immigration Review to retain and spend without further appropriation; and
(B)any amounts not derived by transfer and credited pursuant to subparagraph (A) shall be deposited into the general fund of the Treasury.
(f)(1)In addition to any other fees authorized by law, the Attorney General shall require the payment of a fee, equal to the amount specified in paragraph (2), by any practitioner at the time such practitioner files an appeal from a decision of an adjudicating official in a practitioner disciplinary case.
(2)(A)For fiscal year 2025, the amount specified in this paragraph shall be the greater of—
(i)$1,325; or
(ii)such amount as the Attorney General may establish, by rule.
(B)During fiscal year 2026, and during each subsequent fiscal year, the amount specified in this paragraph shall be equal to the sum of—
(i)the amount of the fee required under this subsection for the most recently concluded fiscal year; and
(ii)the product resulting from the multiplication of the amount referred to in clause (i) by the percentage (if any) by which the Consumer Price Index for All Urban Consumers for the month of July preceding the date on which such adjustment takes effect exceeds the Consumer Price Index for All Urban Consumers for the same month of the preceding calendar year, rounded to the next lowest multiple of $10.
(3)During each fiscal year—
(A)not more than 25 percent of the fees collected pursuant to this subsection—
(i)shall be derived by transfer from the Immigration Examinations Fee Account under section 1356(n) of this title; and
(ii)shall be credited to the Executive Office for Immigration Review to retain and spend without further appropriation; and
(B)any amounts not derived by transfer and credited pursuant to subparagraph (A) shall be deposited into the general fund of the Treasury.
(g)(1)Except as provided in paragraph (3), in addition to any other fees authorized by law, the Attorney General shall require the payment of a fee, equal to the amount specified in paragraph (2), by any alien at the time such alien files a motion to reopen or motion to reconsider a decision of an immigration judge or the Board of Immigration Appeals.
(2)(A)For fiscal year 2025, the amount specified in this paragraph shall be the greater of—
(i)$900; or
(ii)such amount as the Attorney General may establish, by rule.
(B)During fiscal year 2026, and during each subsequent fiscal year, the amount specified in this paragraph shall be equal to the sum of—
(i)the amount of the fee required under this subsection for the most recently concluded fiscal year; and
(ii)the product resulting from the multiplication of the amount referred to in clause (i) by the percentage (if any) by which the Consumer Price Index for All Urban Consumers for the month of July preceding the date on which such adjustment takes effect exceeds the Consumer Price Index for All Urban Consumers for the same month of the preceding calendar year, rounded to the next lowest multiple of $10.
(3)The fee required under paragraph (1) shall not apply to—
(A)a motion to reopen a removal order entered in absentia if such motion is filed in accordance with section 1229a(b)(5)(C)(ii) of this title; or
(B)a motion to reopen a deportation order entered in absentia if such motion is filed in accordance with section 1252b(c)(3)(B) of this title prior to April 1, 1997.
(4)During each fiscal year—
(A)not more than 25 percent of the fees collected pursuant to this subsection—
(i)shall be derived by transfer from the Immigration Examinations Fee Account under section 1356(n) of this title; and
(ii)shall be credited to the Executive Office for Immigration Review to retain and spend without further appropriation; and
(B)any amounts not derived by transfer and credited pursuant to subparagraph (A) shall be deposited into the general fund of the Treasury.
(h)(1)In addition to any other fees authorized by law, the Attorney General shall require the payment of a fee, equal to the amount specified in paragraph (2), by any alien at the time such alien files an application with an immigration court for suspension of deportation.
(2)(A)For fiscal year 2025, the amount specified in this paragraph shall be the greater of—
(i)$600; or
(ii)such amount as the Attorney General may establish, by rule.
(B)During fiscal year 2026, and during each subsequent fiscal year, the amount specified in this paragraph shall be equal to the sum of—
(i)the amount of the fee required under this subsection for the most recently concluded fiscal year; and
(ii)the product resulting from the multiplication of the amount referred to in clause (i) by the percentage (if any) by which the Consumer Price Index for All Urban Consumers for the month of July preceding the date on which such adjustment takes effect exceeds the Consumer Price Index for All Urban Consumers for the same month of the preceding calendar year, rounded to the next lowest multiple of $10.
(3)During each fiscal year—
(A)not more than 25 percent of the fees collected pursuant to this subsection—
(i)shall be derived by transfer from the Immigration Examinations Fee Account under section 1356(n) of this title; and
(ii)shall be credited to the Executive Office for Immigration Review to retain and spend without further appropriation; and
(B)any amounts not derived by transfer and credited pursuant to subparagraph (A) shall be deposited into the general fund of the Treasury.
(i)(1)In addition to any other fees authorized by law, the Attorney General shall require the payment of a fee, equal to the amount specified in paragraph (2), by any alien at the time such alien files an application with an immigration court an application11 So in original. for cancellation of removal for an alien who is a lawful permanent resident.
(2)(A)For fiscal year 2025, the amount specified in this paragraph shall be the greater of—
(i)$600; or
(ii)such amount as the Attorney General may establish, by rule.
(B)During fiscal year 2026, and during each subsequent fiscal year, the amount specified in this paragraph shall be equal to the sum of—
(i)the amount of the fee required under this subsection for the most recently concluded fiscal year; and
(ii)the product resulting from the multiplication of the amount referred to in clause (i) by the percentage (if any) by which the Consumer Price Index for All Urban Consumers for the month of July preceding the date on which such adjustment takes effect exceeds the Consumer Price Index for All Urban Consumers for the same month of the preceding calendar year, rounded to the next lowest multiple of $10.
(3)During each fiscal year—
(A)not more than 25 percent of the fees collected pursuant to this subsection—
(i)shall be derived by transfer from the Immigration Examinations Fee Account under section 1356(n) of this title; and
(ii)shall be credited to the Executive Office for Immigration Review to retain and spend without further appropriation; and
(B)any amounts not derived by transfer and credited pursuant to subparagraph (A) shall be deposited into the general fund of the Treasury.
(j)(1)In addition to any other fees authorized by law, the Attorney General shall require the payment of a fee, equal to the amount specified in paragraph (2), by any alien who is not a lawful permanent resident at the time such alien files an application with an immigration court for cancellation of removal and adjustment of status for any alien.
(2)(A)For fiscal year 2025, the amount specified in this paragraph shall be the greater of—
(i)$1,500; or
(ii)such amount as the Attorney General may establish, by rule.
(B)During fiscal year 2026, and during each subsequent fiscal year, the amount specified in this paragraph shall be equal to the sum of—
(i)the amount of the fee required under this subsection for the most recently concluded fiscal year; and
(ii)the product resulting from the multiplication of the amount referred to in clause (i) by the percentage (if any) by which the Consumer Price Index for All Urban Consumers for the month of July preceding the date on which such adjustment takes effect exceeds the Consumer Price Index for All Urban Consumers for the same month of the preceding calendar year, rounded to the next lowest multiple of $10.
(3)During each fiscal year—
(A)not more than 25 percent of the fees collected pursuant to this subsection—
(i)shall be derived by transfer from the Immigration Examinations Fee Account under section 1356(n) of this title; and
(ii)shall be credited to the Executive Office for Immigration Review to retain and spend without further appropriation; and
(B)any amounts not derived by transfer and credited pursuant to subparagraph (A) shall be deposited into the general fund of the Treasury.
(k)No fees collected pursuant to this section may be expended by the Executive Office for Immigration Review for the Legal Orientation Program, or for any successor program.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
section 1252b(c)(3)(B) of this title, referred to in subsec. (g)(3)(B), was repealed by Pub. L. 104–208, div. C, title III, § 308(b)(6), Sept. 30, 1996, 110 Stat. 3009–615. See section 1229a(b)(5)(C)(ii) of this title.
Reference
Citations & Metadata
Citation
8 U.S.C. § 1812
Title 8 — Aliens and Nationality
Last Updated
Apr 18, 2026
Release point: 119-83