Department of Justice Issues Interim Final Rule Increasing Immigration Court Filing Fees
The U.S. Department of Justice has published an interim final rule amending the fee schedule for filings before the Executive Office for Immigration Review (EOIR). The changes implement statutory directives under the One Big Beautiful Bill Act (OBBBA). Moreover, these changes significantly increase the cost of pursuing relief, appeals, and motions before the immigration courts and the Board of Immigration Appeals (BIA).
According to the rule published in the Federal Register, the new OBBBA-related fees are imposed in addition to existing EOIR filing fees, rather than replacing them. As a result, many common filings will now carry substantially higher total costs.
Major Fee Increases for Appeals and Applications
The updated framework introduces changes to standard filings. They will now require payment of both the original EOIR fee and a new OBBBA surcharge.
For example, filing a Notice of Appeal from an Immigration Judge’s decision, which previously required a $110 fee, will now total $1,030. Similarly, Form EOIR-42B, the application for Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents, increases from $100 to $1,640. This increase happens when the additional statutory fee is included.
The rule changes how fees apply when respondents request multiple forms of relief in the same proceeding. Previously, respondents who filed more than one application for relief generally paid only the highest applicable fee. That provision has been removed. Under the new framework, separate fees must be paid for each application filed.
In addition, motions to reopen or reconsider are now subject to a $920 OBBBA fee. This fee applies even if the motion is based solely on an underlying application for relief that did not require a fee. As a result, fee liability now expands in both procedural filings and substantive applications.
New Asylum Filing and Annual Fees
One of the most consequential changes introduced by the rule involves asylum applications.
Applicants filing Form I-589, Application for Asylum and for Withholding of Removal, in immigration court will now be required to pay an initial application fee. Beyond the initial filing charge, the regulation establishes a new Annual Asylum Fee (AAF). This AAF must be paid for each calendar year the application remains pending in administrative review.
The rule states that applicants cannot waive or reduce these asylum-related fees. This represents a significant change from prior practice. Asylum applications before EOIR did not previously require a filing fee. Fee waivers were available for certain other filings based on demonstrated inability to pay.
Elimination of Prior Fee Exceptions and Waiver Practices
In addition to raising and adding fees, the interim final rule narrows or eliminates several prior cost-saving mechanisms within EOIR’s regulations.
The removal of the single-highest-fee provision means that respondents pursuing multiple defenses to removal, such as cancellation of removal alongside adjustment-related relief, may now face cumulative filing costs. Moreover, the application of new fees to motions to reopen and reconsider further expands the range of filings subject to payment.
For asylum seekers, the prohibition on waivers or reductions for both the initial application fee and the Annual Asylum Fee represents a categorical limitation. This was not previously present in asylum proceedings before EOIR.
Practical Implications for Individuals and Employers
The fee changes affect individuals in removal proceedings, asylum applicants, and those seeking appellate review before the BIA. Respondents pursuing cancellation of removal, challenging a removal order, or filing post-decision motions will encounter significantly higher upfront costs.
For employers and HR professionals, the changes may indirectly affect foreign nationals in removal proceedings whose ability to maintain employment authorization depends on the outcome of applications such as asylum or cancellation of removal. Therefore, increased filing costs and mandatory annual asylum fees may influence case strategy, timing, and financial planning.
Attorneys and accredited representatives will also need to account for the revised fee structure when preparing filings. The authorities have substantially modified required payments, and they have eliminated certain previous exceptions.
Alignment With Statutory Changes Under OBBBA
The Department of Justice’s interim final rule aligns EOIR regulations with statutory amendments enacted through the One Big Beautiful Bill Act. By incorporating new mandatory fees and revising existing payment rules, the regulation formalizes a broader congressional directive. This directive restructures immigration court funding through expanded user fees.
Individuals and representatives filing applications, motions, or appeals with EOIR should review the updated fee requirements to ensure compliance with the revised regulations now in effect.
