Immigration Review Office Adjusts Filing Fees
Published Date: 6/11/2026
Rule
Summary
Starting June 11, 2026, the Executive Office for Immigration Review (EOIR) is updating its fees for immigration case filings to follow new laws. This means people involved in immigration cases might pay different fees when submitting paperwork. You’ve got until July 13, 2026, to share your thoughts on these changes before they’re final.
Analyzed Economic Effects
7 provisions identified: 1 benefits, 5 costs, 1 mixed.
OBBBA fees added to EOIR charges
Starting June 11, 2026, EOIR is adding statutorily required One Big Beautiful Bill Act (OBBBA) fees on top of existing EOIR (section 286(m)) fees. The rule lists combined fee amounts (for example, Form EOIR-26 total fee $1,030; Form EOIR-45 total fee $2,030) so filers will pay the sum of the existing EOIR fee plus the OBBBA fee when applicable.
Asylum application and annual asylum fee required
The rule requires an application fee for all asylum applications and an annual asylum fee (AAF) for each calendar year an asylum application remains pending; the AAF and the application fee cannot be waived or reduced. For example, the rule shows combined fees for certain forms (e.g., EOIR-40: $100 (EOIR) + $610 (OBBBA) = $710).
Annual inflation updates to OBBBA fees
EOIR will adjust OBBBA-collected fees annually for inflation, generally at the start of each fiscal year, and publish updates on its website and the EOIR Payment Portal. The rule notes EOIR already applied inflation adjustments for FY 2026 (effective February 1, 2026) and will continue annual adjustments.
Motions to reopen or reconsider now carry fees
The rule implements OBBBA's mandate that an alien-filed motion to reopen or to reconsider generally requires an OBBBA fee (with two limited statutory exceptions for certain in absentia motions). The regulatory exceptions that previously allowed additional fee-free motions beyond those two statutory exceptions are being removed.
Multiple applications each require fees
EOIR removed rules that allowed a filer with multiple relevant applications to pay only the single highest filing fee; under the statutory requirements implemented here, filers must pay the fee for each listed application. The change eliminates a prior regulatory de facto fee waiver for lower-cost applications.
Fee waiver rules and cure period clarified
The rule clarifies fee waiver practice: an Immigration Judge may waive a fee for a motion or application upon a showing of inability to pay, except where OBBBA and the regulation prohibit waivers (for example, the asylum application fee and the annual asylum fee cannot be waived). A fee-waiver request must include an affidavit or unsworn declaration under 28 U.S.C. 1746, and if denied the filer has 15 days to re-file with a fee or new waiver request while applicable filing deadlines are tolled.
All filing fees must be paid electronically to EOIR
Payments for filings with EOIR must be made directly to EOIR through the EOIR Payment Portal (https://epay.eoir.justice.gov/index); the portal is the only accepted form of fee payment and filings must include proof of payment. The rule states filing fees are generally non-refundable and that this change replaces prior procedures where some payments could be made to DHS.
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Key Dates
Department and Agencies
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