Immigration Court Filing Fees Increase October 1, 2026

Updated October 10, 2026, to reflect EOIR’s current Form I-485 filing fee and the October 1, 2026 implementation of the revised fee schedule.

The Executive Office for Immigration Review (EOIR), which administers immigration courts and the Board of Immigration Appeals (BIA), implemented its fiscal year 2027 fee adjustments on October 1, 2026. The adjustments concern Forms I-485, I-589, I-601, and I-821 when filed with EOIR. Before submitting an affected application, filers should verify the complete amount due and follow the current payment instructions.

The increases are modest, but the filing risk is significant: EOIR may reject an application submitted with the wrong fee. Anyone filing on or after October 1 should verify the current total in the EOIR payment system before submitting the application.

What changed

On September 29, 2026, EOIR published a Federal Register notice identifying fiscal year 2027 inflation adjustments required by federal law.

The table below shows the statutory fee component addressed by the notice:

Filing	FY 2026 statutory fee	FY 2027 statutory fee	Change
Form I-485, Application to Register Permanent Residence or Adjust Status	$1,540	$1,590	+$50
Form I-589, initial asylum application	$100	$100	No change after statutory rounding
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

Important: The figures above are not necessarily the total amount a person must pay. Some applications also carry a separate DHS fee. EOIR combines the applicable charges in its payment system.

Effective October 1, 2026, the EOIR Forms and Fees page lists a $3,030 filing fee for Form I-485, Application to Register Permanent Residence or Adjust Status. This is the combined filing fee listed by EOIR, including the applicable DHS fee and the statutory fee component discussed above. Certain applicants may qualify for a lower amount. Before paying, confirm the fee applicable to your filing in the EOIR Payment Portal and the current fee schedule. This amount concerns filings with EOIR; applicants filing directly with USCIS should follow USCIS’s applicable fee requirements.

Effective date and current status

The new amounts apply to covered filings made with the immigration courts or BIA on or after October 1, 2026.

This is an operative agency notice implementing inflation adjustments required by statute and an August 21, 2026 final rule. It is not a proposed rule. The notice does not authorize continued use of the prior amount for filings made on or after October 1.

EOIR states that it will continue to reject filings that do not include the proper fee or an applicable fee-waiver request. A payment generated under the September schedule may not be sufficient for a filing made after the new schedule takes effect. The payment receipt and filing should therefore be coordinated carefully.

Who may be affected

The notice may affect:

• respondents seeking adjustment of status before an immigration judge;
• people filing an initial Form I-589 in removal proceedings;
• asylum applicants who are directed to pay an annual asylum fee while their application remains pending;
• respondents filing Form I-601 with EOIR as part of a waiver request;
• eligible applicants filing Form I-821 for Temporary Protected Status in proceedings;
• attorneys, accredited representatives, and family members arranging electronic fee payments; and
• nonprofit organizations assisting unrepresented respondents with immigration-court filings.

The notice applies to the specified forms when filed with EOIR. It should not be assumed to govern the amount, payment method, or filing location for the same form submitted directly to USCIS. USCIS filings remain subject to the applicable USCIS fee schedule, form instructions, and filing requirements.

Practical implications and sensible next steps

1. Verify the complete amount

The Federal Register table shows only the statutory component being adjusted. Before paying, select the correct filing type in the EOIR Payment Portal and confirm the complete amount shown there.

2. Do not rely on an older receipt or saved fee chart

Fee schedules can change at the start of a fiscal year. A receipt generated for the former amount may not support a filing made after October 1. Recheck the EOIR forms page and payment portal on the filing date.

3. Match the receipt to the person and filing

Review the respondent’s name, A-number, proceeding, form type, and amount before submitting the filing. Retain a copy of the electronic receipt and include proof of payment in the manner required by the court, BIA, applicable practice manual, and form instructions.

4. Evaluate fee-waiver eligibility carefully

EOIR’s notice refers to an “applicable” fee waiver, but not every fee can be waived. EOIR currently states that it cannot waive or reduce the initial Form I-589 fee or the annual asylum fee. For other applications, waiver eligibility depends on the governing law, form instructions, and individual circumstances.

5. Recheck annual asylum fee procedures

The annual asylum fee increased from $102 to $105 effective October 1, 2026. In a September 22, 2026 ruling, the U.S. District Court for the District of Maryland vacated EOIR’s prior annual asylum fee memorandum and template order. The court did not invalidate the statutory fee itself. Because EOIR may revise its notices, deadlines, or payment instructions in response, asylum applicants should confirm the current procedure before acting.

The BIA has separately held in Matter of L-F-R- that failure to pay the annual fee can be fatal to an asylum claim, but that the fee and nonpayment consequences do not extend to withholding of removal or protection under the Convention Against Torture.

Attorney analysis: why this development matters

The dollar increases are modest compared with the total cost of many immigration filings, but the procedural consequence of using the wrong amount can be severe. A rejection may create deadline problems, delay relief, or complicate a respondent’s position in removal proceedings.

The short interval between publication on September 29 and implementation on October 1 also increases the risk of error. Preparers who generated a payment link or completed a package under the prior schedule should not assume that the amount remains valid merely because the case preparation began before October 1.

The distinction between the statutory component and the total payment is especially important. The Federal Register table does not necessarily state the complete amount that will appear in the EOIR portal. A final filing review should confirm the current total, payment receipt, filing destination, and any separate biometrics requirement.

For Florida cases, these changes apply in the same manner as in immigration courts elsewhere because EOIR’s fee notice is nationwide. The notice affects federal immigration proceedings; it is not limited to a particular circuit or immigration-court location.

Key takeaways

• The revised EOIR fee amounts took effect on October 1, 2026.
• The adjustment affects specified I-485, I-589, I-601, and I-821 filings in EOIR proceedings.
• The Federal Register table identifies a statutory fee component; it does not necessarily show the complete amount payable.
• An incorrect payment may cause rejection unless an applicable fee-waiver request is properly submitted.
• The initial asylum application fee remains $100, and the annual asylum fee is now $105.
• Filers should verify the portal amount and current instructions on the actual filing date.

Conclusion

Anyone preparing an affected application for filing on or after October 1, 2026, should confirm the current EOIR amount before making payment or submitting the case. The interaction among form fees, statutory surcharges, waiver rules, and court procedures can be complicated.

The Law Offices of Osas Iyamu, LLC can provide individualized guidance about immigration-court filings, payment requirements, and the procedural consequences of a rejected application. No particular outcome can be guaranteed.

Sources

• Federal Register notice: Inflation Adjustment for EOIR OBBBA Fees for Certain DHS Forms; Fiscal Year 2027
• Official Federal Register PDF, 91 Fed. Reg. 61447
• EOIR Forms and Fees
• EOIR Types of Appeals, Motions, and Required Fees
• Federal Register final rule: Inflation Adjustment for EOIR OBBBA Fees; Fiscal Year 2027
• Asylum Seeker Advocacy Project v. EOIR, No. 1:25-cv-03299 (D. Md. Sept. 22, 2026) — GovInfo record
• Matter of L-F-R-, 29 I&N Dec. 787 (BIA 2026)

Disclaimer

This article is for general informational purposes and is not legal advice. Fees, payment procedures, filing locations, and waiver eligibility can change and depend on the specific form and proceeding. Reading this article does not create an attorney-client relationship.