Immigration fees for several applications filed with the Executive Office for Immigration Review will increase on October 1, 2026, as the Department of Justice applies a required annual inflation adjustment for fiscal year 2027.
The adjustment affects the additional fees created under the One Big Beautiful Bill Act for certain Department of Homeland Security forms when they are submitted through immigration courts or the Board of Immigration Appeals.
The Executive Office for Immigration Review, or EOIR, published the notice in the Federal Register on September 29, 2026.
The new amounts apply to relevant filings submitted on or after October 1, 2026, which is the first day of fiscal year 2027.
Table of Contents
Which immigration fees are changing
The notice covers the EOIR-collected portion of immigration fees associated with four DHS forms.
| Filing | FY 2026 OBBBA fee | FY 2027 OBBBA fee | Increase |
|---|---|---|---|
| Form I-485, Application to Register Permanent Residence or Adjust Status | $1,540 | $1,590 | $50 |
| Form I-589, initial asylum application | $100 | $100 | $0 |
| Form I-589, Annual Asylum Fee | $102 | $105 | $3 |
| Form I-601, Application for Waiver of Grounds of Inadmissibility | $1,070 | $1,100 | $30 |
| Form I-821, Application for Temporary Protected Status | $510 | $520 | $10 |
The initial Form I-589 OBBBA fee remains $100 after rounding under the statutory formula for these immigration fees.
The largest dollar increase listed in the notice applies to Form I-485, which rises by $50 to $1,590.
Form I-601 increases by $30 to $1,100, while Form I-821 increases by $10 to $520.
The Annual Asylum Fee rises from $102 to $105.
Why EOIR is increasing the immigration fees
The One Big Beautiful Bill Act, signed into law on July 4, 2025, established new immigration fees collected through EOIR for certain applications, motions and appeals.
The law also requires the Attorney General to update those fees annually for inflation.
For fiscal year 2027, EOIR used a 3.4 percent change in the Consumer Price Index for All Urban Consumers between July 2025 and July 2026.
The statutory calculation generally requires the adjusted amount to be rounded down to the nearest multiple of $10.
The Annual Asylum Fee is treated differently and is rounded down to the nearest dollar.
Because the amounts are rounded under the formula, the final increase for an individual fee may be smaller than a simple 3.4 percent calculation would suggest.
The notice does not replace the separate DHS fee schedule
The Federal Register notice addresses the OBBBA immigration fees collected by EOIR.
It does not change the separate fees that DHS collects under section 286(m) of the Immigration and Nationality Act.
Those DHS amounts are governed by the USCIS fee schedule and related regulations.
As a result, the total amount shown for a qualifying filing may include both the DHS fee and the EOIR OBBBA fee.
EOIR said the amounts displayed on its payment portal and website represent the combined total of the applicable section 286(m) and OBBBA fees.
Applicants and representatives should therefore avoid relying only on the OBBBA amounts in the Federal Register table when calculating the full cost of a filing.
Who may be affected by immigration fees
The change affects people submitting the covered DHS forms in connection with immigration court proceedings or matters before the Board of Immigration Appeals.
This may include respondents seeking adjustment of status, people applying for asylum or withholding of removal, applicants requesting a waiver of inadmissibility and certain nationals seeking Temporary Protected Status.
The Annual Asylum Fee applies to qualifying asylum cases under the applicable EOIR requirements.
The notice concerns filing fees and does not change the eligibility standards for adjustment of status, asylum, waivers of inadmissibility or Temporary Protected Status.
It also does not create a new immigration benefit or alter the substantive requirements for proving eligibility.
What happens if immigration fees are submitted incorrectly
EOIR stated that it will continue rejecting filings that are not accompanied by the proper fee or a request for an applicable fee waiver.
That means a filing submitted on or after October 1, 2026, may face a payment-related rejection if the filer uses the prior fiscal year’s amount when the new amount is required.
A rejection can affect the timing of a filing, particularly when a deadline applies.
Filers should confirm the amount required for the specific form, filing type and submission date before sending documents to an immigration court or the Board of Immigration Appeals.
People who believe they qualify for a fee waiver should use the applicable waiver process rather than submitting an incomplete payment.
The Federal Register notice does not eliminate or expand existing fee-waiver procedures.
Practical steps before filing
- Identify whether the filing will be submitted before or after October 1, 2026.
- Confirm whether the matter is being filed with an immigration court, the Board of Immigration Appeals or USCIS.
- Check the current EOIR forms and fees information for the required combined amount.
- Use the EOIR payment portal instructions that apply to the filing.
- Determine whether a fee waiver is available and prepare the required request if appropriate.
- Keep proof of payment and copies of all submitted documents.
The distinction between EOIR and USCIS is important because the same form may involve different instructions for immigration fees depending on where it is submitted.
A person filing directly with USCIS should consult the current USCIS fee schedule rather than assuming that the EOIR amount applies.
A person filing in removal proceedings should follow the instructions issued for the immigration court or the Board of Immigration Appeals.
Effective date and agency implementation
The new FY 2027 immigration fees are required for relevant filings made on or after October 1, 2026.
EOIR said it will update its website and electronic payment portal with the revised amounts.
The agency also indicated that future inflation adjustments will be reflected through those systems.
The Federal Register notice is intended to provide additional clarity about the OBBBA portion of the charges after EOIR issued a related final rule on August 21, 2026.
Neither the notice nor the related adjustment changes the general requirement that the correct fee or an acceptable fee-waiver request accompany a filing.
What applicants should remember
The most important deadline is October 1, 2026.
Filings made before that date are governed by the applicable prior fee requirements, while filings made on or after that date must use the FY 2027 amounts.
The increases are limited to the OBBBA fees identified in the notice, but the total payment may be higher because separate DHS charges can also apply.
Before submitting an application, motion or appeal, filers should verify the current EOIR instructions and confirm whether the matter requires payment through the EOIR portal.
Because fee requirements can affect whether a filing is accepted, applicants with questions about their case or eligibility for a waiver may wish to consult an immigration attorney or accredited representative.
Frequently Asked Questions
When do the new EOIR immigration fees take effect?
The FY 2027 OBBBA fee amounts take effect October 1, 2026, and apply to relevant filings submitted to an immigration court or the Board of Immigration Appeals on or after that date.
Which fee increases the most?
The OBBBA fee for Form I-485 increases by $50, from $1,540 to $1,590.
Does the notice change the entire USCIS filing fee?
No. The notice adjusts the OBBBA fee collected through EOIR. Separate DHS fees under the USCIS fee schedule may also apply.
What is the new Annual Asylum Fee?
The FY 2027 Annual Asylum Fee is $105, up from $102 in fiscal year 2026.
What happens if a filing includes the wrong payment?
EOIR stated that it will continue rejecting filings that do not include the proper fee or a request for an applicable fee waiver.
Fact-Checked: This report was checked against the September 29, 2026 Federal Register notice and the EOIR forms, fee and payment resources identified by the agency.
Disclaimer: This article is for general information and is not legal advice. Filing requirements can vary by case and submission location.
New Minimum Wage In Canada and 5 Provinces, Effective April 1
