Title 8, Aliens and NationalityRelease 119-110
§1812 Fees Relating to Applications for Adjustment of Status
Title 8 › CHAPTER 16 — IMMIGRATION FEES › § 1812
Summary
People who file certain cases in immigration court must pay a fee when they file or before the court decides. For fiscal year 2025 the fees are: adjustment to lawful permanent resident or cancellation & adjustment for nonpermanent residents $1,500; waiver of inadmissibility $1,050; temporary protected status $500; appeals of immigration judge decisions or appeals of Department of Homeland Security officer decisions $900; motions to reopen or reconsider $900; appeals in practitioner disciplinary cases $1,325; suspension of deportation $600; and cancellation of removal for some permanent residents $600. Each fee is the higher of the stated amount or an amount the Attorney General sets by rule. Beginning in fiscal year 2026, fees will be increased each year for inflation based on the July Consumer Price Index and rounded down to the nearest $10. Each year up to 25% of these fees may come from the Immigration Examinations Fee Account and will be credited to the Executive Office for Immigration Review (EOIR) for EOIR to spend without further approval; any remaining fee money goes into the Treasury’s general fund. The appeal fee does not apply to appeals of bond decisions, and certain motions to reopen filed for in‑absentia orders are exempt. EOIR may not use these collected fees for the Legal Orientation Program or any successor program.
Full Legal Text
Title 8, §1812
Aliens and Nationality, Source: USLM XML via OLRC
(a)Fee for filing an application to adjust status to that of a lawful permanent resident
(1)In general
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)Amount specified
(A)Initial amount
For fiscal year 2025, the amount specified in this paragraph shall be the greater of— (i)
(ii)such amount as the Attorney General may establish, by rule.
(B)Annual adjustments for inflation
During fiscal year 2026, and during each subsequent fiscal year, the amount specified in this paragraph shall be equal to the sum of— (i)
(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)Disposition of adjustment of status application fees
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)Fee for filing application for waiver of grounds of inadmissibility
(1)In general
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)Amount specified
(A)Initial amount
For fiscal year 2025, the amount specified in this paragraph shall be the greater of— (i)
(ii)such amount as the Attorney General may establish, by rule.
(B)Annual adjustments for inflation
During fiscal year 2026, and during each subsequent fiscal year, the amount specified in this paragraph shall be equal to the sum of— (i)
(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)Disposition of waiver of ground of admissibility application fees
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)Fee for filing an application for temporary protected status
(1)In general
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)Amount specified
(A)Initial amount
For fiscal year 2025, the amount specified in this paragraph shall be the greater of— (i)
(ii)such amount as the Attorney General may establish, by rule.
(B)Annual adjustments for inflation
During fiscal year 2026, and during each subsequent fiscal year, the amount specified in this paragraph shall be equal to the sum of— (i)
(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)Disposition of temporary protected status application fees
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)Fee for filing an appeal of a decision of an immigration judge
(1)In general
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)Amount specified
(A)Initial amount
For fiscal year 2025, the amount specified in this paragraph shall be the greater of— (i)
(ii)such amount as the Attorney General may establish, by rule.
(B)Annual adjustments for inflation
During fiscal year 2026, and during each subsequent fiscal year, the amount specified in this paragraph shall be equal to the sum of— (i)
(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)Exception
The fee required under paragraph (1) shall not apply to the appeal of a bond decision.
(4)Disposition of fees for appealing immigration judge decisions
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)Fee for filing an appeal from a decision of an officer of the Department of Homeland Security
(1)In general
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)Amount specified
(A)Initial amount
For fiscal year 2025, the amount specified in this paragraph shall be the greater of— (i)
(ii)such amount as the Attorney General may establish, by rule.
(B)Annual adjustments for inflation
During fiscal year 2026, and during each subsequent fiscal year, the amount specified in this paragraph shall be equal to the sum of— (i)
(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)Disposition of fees for appealing Department of Homeland Security officer decisions
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)Fee for filing an appeal from a decision of an adjudicating official in a practitioner disciplinary case
(1)In general
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)Amount specified
(A)Initial amount
For fiscal year 2025, the amount specified in this paragraph shall be the greater of— (i)
(ii)such amount as the Attorney General may establish, by rule.
(B)Annual adjustments for inflation
During fiscal year 2026, and during each subsequent fiscal year, the amount specified in this paragraph shall be equal to the sum of— (i)
(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)Disposition of fees for appealing Department of Homeland Security officer decisions
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)Fee for filing a motion to reopen or a motion to reconsider
(1)In general
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)Amount specified
(A)Initial amount
For fiscal year 2025, the amount specified in this paragraph shall be the greater of— (i)
(ii)such amount as the Attorney General may establish, by rule.
(B)Annual adjustments for inflation
During fiscal year 2026, and during each subsequent fiscal year, the amount specified in this paragraph shall be equal to the sum of— (i)
(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)Exceptions
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)Disposition of fees for filing certain motions
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)Fee for filing application for suspension of deportation
(1)In general
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)Amount specified
(A)Initial amount
For fiscal year 2025, the amount specified in this paragraph shall be the greater of— (i)
(ii)such amount as the Attorney General may establish, by rule.
(B)Annual adjustments for inflation
During fiscal year 2026, and during each subsequent fiscal year, the amount specified in this paragraph shall be equal to the sum of— (i)
(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)Disposition of fees for filing application for suspension of deportation
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)Fee for filing application for cancellation of removal for certain permanent residents
(1)In general
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 application for cancellation of removal for an alien who is a lawful permanent resident.
(2)Amount specified
(A)Initial amount
For fiscal year 2025, the amount specified in this paragraph shall be the greater of— (i)
(ii)such amount as the Attorney General may establish, by rule.
(B)Annual adjustments for inflation
During fiscal year 2026, and during each subsequent fiscal year, the amount specified in this paragraph shall be equal to the sum of— (i)
(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)Disposition of fees for filing application for cancellation of removal
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)Fee for filing an application for cancellation of removal and adjustment of status for certain nonpermanent residents
(1)In general
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)Amount specified
(A)Initial amount
For fiscal year 2025, the amount specified in this paragraph shall be the greater of— (i)
(ii)such amount as the Attorney General may establish, by rule.
(B)Annual adjustments for inflation
During fiscal year 2026, and during each subsequent fiscal year, the amount specified in this paragraph shall be equal to the sum of— (i)
(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)Disposition of fees for filing application for cancellation of removal
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)Limitation on use of funds
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
Sep 23, 2026
Release point: 119-110