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Inflation Adjustment for EOIR OBBBA Fees; Fiscal Year 2027

🇺🇸 United StatesFees1 recorded versionLast change 21 Aug 2026
ConfidenceVery high · 100%

Current rules

From 1 October 2026: -EOIR will apply the FY 2027 inflation-adjusted OBBBA fees. -The FY 2027 OBBBA fee for an EOIR-26 appeal from an Immigration Judge decision increases from $920 to $950. -After adding the existing $110 EOIR fee, the total becomes $1,060, excluding any applicable biometric fee. -Similar inflation adjustments apply to other OBBBA fees collected by EOIR. -The Annual Asylum Fee uses a different rounding method: its inflation adjustment is rounded down to the nearest dollar rather than the nearest $10.

Overview

The U.S. Department of Justice, Executive Office for Immigration Review (EOIR), has issued a final rule adjusting certain immigration-related fees for Fiscal Year 2027. This rule, effective 1 October 2026, implements the annual inflation-based update required by the One Big Beautiful Bill Act (OBBBA) for fees associated with specific EOIR applications, motions, and appeals. This adjustment will result in increased total fees for affected filings.

Who is affected by the latest change

  • People filing covered applications with an Immigration Court
  • People filing appeals with the Board of Immigration Appeals
  • People filing covered motions in immigration proceedings
  • People filing applications or appeals subject to OBBBA fees
  • Attorneys and representatives filing covered matters for clients

What changed in the latest version

Before

For the financial year 2026, the Executive Office for Immigration Review's (EOIR) fees under the One Big Beautiful Bill Act (OBBBA) were already adjusted for inflation. For example: - An appeal using Form EOIR-26 had a $920 OBBBA fee. - Requests to reopen or reconsider a decision usually had a $920 OBBBA fee. - The correct OBBBA fees were added to other existing EOIR fees where needed.

After

From 1 October 2026: - The Executive Office for Immigration Review (EOIR) will use the new inflation-adjusted One Big Beautiful Bill Act (OBBBA) fees for the financial year 2027. - The OBBBA fee for an appeal from an Immigration Judge decision using Form EOIR-26 goes up. It changes from $920 to $950. - When you add the existing $110 EOIR fee, the total cost becomes $1,060. This amount does not include any fee for biometrics (fingerprints and photos) if that applies. - Other OBBBA fees collected by EOIR will also have similar inflation adjustments. - The Annual Asylum Fee is rounded differently. Its inflation adjustment is rounded down to the nearest dollar. Other fees are rounded to the nearest $10.

This rule means people filing certain immigration applications, requests, or appeals will pay more. This applies to those filing with the Executive Office for Immigration Review. These higher costs start from 1 October 2026. Anyone who files a document on or after this date must pay the correct, new fee amount. If not, their submission will be rejected. This change directly affects how applicants plan their money. Legal teams will also need to update their systems. This will help them follow the new fee schedule. Fees change every year. So, people involved in immigration processes must always know the current fee amounts. This will help them avoid delays or rejection of their documents.

Explained simply

Imagine you're buying a ticket for a ride, and the cost of everything (like the fuel and maintenance for the ride) goes up a bit each year. This new rule is like the government saying that the 'tickets' (fees) for certain immigration applications, like appeals or motions, will also go up a little bit each year because of this general increase in costs. This year, the price increase for these 'tickets' for the next year (starting 1 October 2026) has been set. If you don't pay the new, slightly higher price, your 'ticket' won't be accepted, and you'll have to start over.

Frequently asked

Version history

  1. v1Effective 1 Oct 2026PublishedHigh impact
    Inflation Adjustment for EOIR OBBBA Fees; Fiscal Year 2027

    The United States Department of Justice has changed several immigration fees. This is through its Executive Office for Immigration Review (EOIR). These changes are due to inflation. They are for the financial year 2027. This new rule starts on 1 October 2026. It increases fees for applications, requests, and appeals. The One Big Beautiful Bill Act (OBBBA) says these changes must happen. For example, the total fee for Form EOIR-26 (Notice of Appeal from an Immigration Judge's Decision) goes up. It changes from $1,030 to $1,060. The fee for Form EOIR-40 (Application for Suspension of Deportation) also increases. It changes from $710 to $730. These new fees apply to all relevant documents filed. This includes those filed with Immigration Courts or the Board of Immigration Appeals. They apply from 1 October 2026 onwards.

Timeline

  1. Takes effect

    1 Oct 2026

    Inflation-adjusted immigration-related fees for filings with the Executive Office for Immigration Review (EOIR) for Fiscal Year 2027, calculated by adding the FY 2026 OBBBA fee to the product of the FY 2026 OBBBA fee and the CPI-U percentage change (3.4%), rounded down.

  2. Announced

    21 Aug 2026

    The U.S. Department of Justice, Executive Office for Immigration Review (EOIR), has issued a final rule adjusting certain immigration-related fees for Fiscal Year 2027. This rule, effective 1 October 2026, implements the annual inflation-based update required by the One Big Beautiful Bill Act (OBBBA) for fees associated with specific EOIR applications, motions, and appeals. This adjustment will r

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