Inflation Adjustment for EOIR OBBBA Fees for Certain DHS Forms; Fiscal Year 2027
The Department of Justice ("Department") is providing notice of statutorily required inflation adjustments to immigration-related fees for certain Department of Homeland Securit...
Executive Office for Immigration Review, Department of Justice.
ACTION:
Notice of inflationary fee adjustment.
SUMMARY:
The Department of Justice (“Department”) is providing notice of statutorily required inflation adjustments to immigration-related fees for certain Department of Homeland Security (“DHS”) forms filed with the Executive Office for Immigration Review (“EOIR”) under the One Big Beautiful Bill Act for Fiscal Year (“FY”) 2027.
DATES:
The fees announced in this notice are effective October 1, 2026.
FOR FURTHER INFORMATION CONTACT:
Jamee E. Comans, Assistant Director, Office of Policy, Executive Office for Immigration Review, 5107 Leesburg Pike, Suite 2500, Falls Church, VA 22041, telephone (703) 305-0289 (not a toll-free call).
SUPPLEMENTARY INFORMATION:
I. Background
On July 4, 2025, a Congressional budget reconciliation bill (H.R. 1), commonly referred to as the One Big Beautiful Bill Act (“OBBBA”), became law. Public Law 119-21, 139 Stat. 72. As relevant here, OBBBA introduced new required immigration-related fees for EOIR applications, motions, and appeals beginning in FY 2025 (“OBBBA fees”) and mandated that the Attorney General annually update these OBBBA fees for inflation.
See8 U.S.C. 1802, 1808, 1812.
Therefore, on August 21, 2026, the Department issued a final rule updating its regulations to make the required FY 2027 OBBBA inflation adjustments for the relevant EOIR forms and motions.
See
Inflation Adjustment for EOIR
( printed page 61448)
OBBBA Fees; Fiscal Year 2027, 91 FR 54211 (Aug. 21, 2026).
In order to provide further clarity, this notice details the FY 2027 OBBBA inflation adjustments for the following DHS forms when filed with EOIR: Form I-485, Application to Register Permanent Residence or Adjust Status; Form I-589, Application for Asylum and for Withholding of Removal; Form I-601, Application for Waiver of Grounds of Inadmissibility; and Form I-821, Application for Temporary Protected Status.
Importantly, this notice does not change any fees for these DHS forms collected pursuant to section 286(m) of the Immigration and Nationality Act.
See8 U.S.C. 1356(m). The 286(m) fee amounts for these forms are detailed in DHS's fee schedule, and EOIR's regulations continue to direct readers to DHS's fee schedule for such fee amounts.
See8 CFR 1103.7(b)(4)(ii) (“The fees for applications published by the Department of Homeland Security and used in immigration proceedings are governed by 8 CFR 103.7 and 8 CFR part 106.”);
see also
USCIS,
Fee Schedule
(Sept. 9, 2026),
www.uscis.gov/sites/default/files/document/forms/g-1055.pdf
[
perma.cc/H87F-FPU8]. The amounts displayed on EOIR's Payment Portal and website are the combined total of the section 286(m) and OBBBA fees.
II. Basis for Adjustment
OBBBA requires that all EOIR-collected OBBBA fees be adjusted annually for inflation and directs that a specific adjustment formula be applied to each fee.
See8 U.S.C. 1802, 1808, 1812. For all OBBBA fees, the inflation-adjusted amount is calculated by adding: (1) the amount of the OBBBA fee required for the most recently concluded fiscal year to (2) the product of the OBBBA fee required for the most recently concluded fiscal year multiplied by the percentage (if any) by which the Consumer Price Index for All Urban Consumers (“CPI-U”) for the July preceding the date on which such adjustment takes effect (here, July 2026) exceeds the CPI-U for the same month of the preceding calendar year (here, July 2025), either rounded down to the nearest multiple of $10,
see8 U.S.C. 1802(c), 1812(a)(2)(B), or, for the Annual Asylum Fee (“AAF”), rounded down to the nearest dollar.
See8 U.S.C. 1808(b)(2). The CPI-U percent change for calculating FY 2027 OBBBA fees is 3.4 percent.[1]
The table below shows the FY 2027 OBBBA fee amounts as adjusted for inflation.
Immigration fee type
FY 2026
OBBBA fee
Inflation
adjustment
(rounded)
FY 2027
OBBBA fee
Form I-485, Application to Register Permanent Residence or Adjust Status
$1,540
$50
$1,590
Form I-589, Application for Asylum and for Withholding of Removal—Initial Application
100
0
100
Form I-589, Application for Asylum and for Withholding of Removal—Annual Asylum Fee
102
3
105
Form I-601, Application for Waiver of Grounds of Inadmissibility
1,070
30
1,100
Form I-821, Application for Temporary Protected Status
510
10
520
III. Effective Date and Implementation
The FY 2027 filing fee amounts will be required for any relevant filings with the Immigration Courts or the Board of Immigration Appeals filed on or after October 1, 2026 (the first day of FY 2027). EOIR will continue to reject any filings that are not accompanied by a proper filing fee or request for an applicable fee waiver.
Use this for formal legal and research references to the published document.
91 FR 61447
Web Citation
Suggested Web Citation
Use this when citing the archival web version of the document.
“Inflation Adjustment for EOIR OBBBA Fees for Certain DHS Forms; Fiscal Year 2027,” thefederalregister.org (September 29, 2026), https://thefederalregister.org/documents/2026-19841/inflation-adjustment-for-eoir-obbba-fees-for-certain-dhs-forms-fiscal-year-2027.