Title 8Aliens and NationalityRelease 119-83

§1812 Fees Relating to Applications for Adjustment of Status

Title 8 › Chapter 16— IMMIGRATION FEES › § 1812

Last updated Apr 18, 2026|Official source

Summary

People who file certain applications, appeals, or motions in immigration court must pay a fee when they file or before the court decides the case. For fiscal year 2025 the base fees are: $1,500 to apply to become a lawful permanent resident; $1,050 for a waiver of inadmissibility; $500 for temporary protected status; $900 to appeal an immigration judge decision; $900 to appeal a decision by a Department of Homeland Security officer; $1,325 for a practitioner to appeal a disciplinary decision; $900 to file a motion to reopen or reconsider; $600 to apply for suspension of deportation; $600 for cancellation of removal for a lawful permanent resident; and $1,500 for cancellation of removal and adjustment of status for non‑permanent residents. For each fee the Attorney General may set a different amount by rule if higher. Starting in fiscal year 2026 and every year after, fees increase by the prior year fee times the yearly percent change in the Consumer Price Index for All Urban Consumers for July, rounded down to the next lowest $10. The appeal fee does not apply to appeals of bond decisions. The fee for motions to reopen does not apply to certain in‑absentia reopening motions filed under the law. Each year up to 25 percent of these fees may come from the Immigration Examinations Fee Account and be given to the Executive Office for Immigration Review to keep and spend without more approval. Any remaining fee money goes into the U.S. Treasury general fund. None of the fees may be spent by the Executive Office for Immigration Review 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 8Aliens and Nationality

Last Updated

Apr 18, 2026

Release point: 119-83