** 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:
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