Immigration Court (EOIR) Filing Fees Going Up in January 2021

January 19, 2021 U.S. immigration court system (formally known as the Executive Office for Immigration Review, or EOIR) adopts a final rule increasing filing fees for applications, appeals, and motions; however, most of the increases have been blocked by a federal court pending further litigation.

** LEGAL UPDATE **

As it had earlier proposed, the U.S. immigration court system (formally known as the Executive Office for Immigration Review, or EOIR) adopted a final rule increasing filing fees for applications, appeals, and motions.

The final rule is the same as that proposed in EOIR's February 28, 2020 notice of proposed rulemaking. It was published in the Federal Register on December 18, 2020 and was to be effective 30 days later, on January 17, 2021.

However, on January 18, 2021, a federal court granted a preliminary injunction blocking nearly all of the rule. Until the completion of this litigation, all fees will stay as they were except for ones for disciplinary proceedings and the fee for motions to reopen before the immigration court. (The judge's reasoning for the preliminary injunction was that EOIR hadn't adequately considered the rule’s impact on non-profit and pro bono legal service providers.)

As originally planned, the fee increases would be as follows:

  • Form EOIR-26, Notice of Appeal from a Decision of an Immigration Judge: Fee increased from $110 to $975.
  • Form EOIR-29, Notice of Appeal to the Board of Immigration Appeals from a Decision of a DHS Officer: Fee increased from $110 to $705.
  • Form EOIR-40, Application for Suspension of Deportation: Fee increased from $100 to $305.
  • Form EOIR-42A, Application for Cancellation of Removal for Certain Permanent Residents: Fee increased from $100 to $305.
  • Form EOIR-42B, Application for Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents: Fee increased from $100 to $360.
  • Form EOIR-45, Immigration Practitioner Complaint Form: Fee increased from $110 to $675.
  • Filing a motion to reopen or reconsider before the Office of the Chief Immigration Judge (OCIJ): Fee increased from $110 to $145.
  • Filing a motion to reopen or reconsider before the Board of Immigration Appeals (BIA): Fee increased from $110 to $895.

Failure to include the proper fee with an application, appeal, or motion will result in it being rejected, which could cause delays or missed deadlines.

EOIR forms are available for download on its website, along with the latest fee amounts.

Effective Date: January 19, 2021