Document

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...

Department of Justice
Executive Office for Immigration Review
  1. [Dir. Order No. 10-2026]

AGENCY:

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.

EOIR will update its website and electronic payment portal with the filing fee amounts established in this notice and any future inflationary adjustments. See, e.g., EOIR, Types of Appeals, Motions, and Required Fees (Feb. 18, 2026), www.justice.gov/​eoir/​types-appeals-motions-and-required-fees [ perma.cc/​Q6CM-HKWN]; EOIR, Forms & Fees (July 29, 2026), www.justice.gov/​eoir/​eoir-forms [ perma.cc/​BE8R-SPK2]; EOIR, EOIR Payment Portal (Aug. 27, 2026), epay.eoir.justice.gov/​index [ perma.cc/​LF3L-VACV].

Sirce E. Owen,

Acting Director, Executive Office for Immigration Review, Department of Justice.

Footnotes

1.   See U.S. Bureau of Labor Statistics, Economic News Release, Consumer Price Index—July 2026 (Aug. 12, 2026), www.bls.gov/​news.release/​archives/​cpi_​08122026.htm [ perma.cc/​RC5W-VWF3].

Back to Citation

[FR Doc. 2026-19841 Filed 9-28-26; 8:45 am]

BILLING CODE 4410-30-P

Legal Citation

Federal Register Citation

Use this for formal legal and research references to the published document.

91 FR 61447

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“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.