[Federal Register Volume 91, Number 161 (Friday, August 21, 2026)]
[Rules and Regulations]
[Pages 54211-54214]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-17146]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 91, No. 161 / Friday, August 21, 2026 / Rules
and Regulations
[[Page 54211]]
DEPARTMENT OF JUSTICE
Executive Office for Immigration Review
8 CFR Part 1103
[Docket No. EOIR-26-AB42; Dir. Order No. 09-2026]
RIN 1125-AB42
Inflation Adjustment for EOIR OBBBA Fees; Fiscal Year 2027
AGENCY: Executive Office for Immigration Review, Department of Justice.
ACTION: Final rule.
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SUMMARY: The Department of Justice (``Department'') is making
inflationary adjustments to immigration-related fees for filings with
the Executive Office for Immigration Review (``EOIR'') as required by
the One Big Beautiful Bill Act for Fiscal Year (``FY'') 2027.
DATES: This rule is 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, Virginia 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. See 8 U.S.C. 1802, 1808, 1812. This rule updates the
relevant EOIR regulatory fee schedules to adjust the OBBBA fees for
inflation for FY 2027 in accordance with OBBBA's mandate.
In doing so, the Department notes that this rule does not change
any fee amounts collected under section 286(m) of the Immigration and
Nationality Act (``INA'' or ``Act''), 8 U.S.C. 1356(m), nor does this
rule make any changes to fee exceptions or waivers. Additionally,
EOIR's regulatory fee schedule does not contain fee amounts for
application forms published by the Department of Homeland Security
(``DHS''), though those fees that are collected by EOIR will be updated
on EOIR's website and the EOIR Payment Portal. See 8 CFR
1103.7(d)(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.'').
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. See 8 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 resulting from multiplying the OBBBA fee
required for the most recently concluded fiscal year by the percentage
(if any) by which the Consumer Price Index for All Urban Consumers
(``CPI-U'') for the month of July (in this case July 2026), preceding
the date on which such adjustment takes effect, exceeds the CPI-U for
the same month of the preceding calendar year (in this case July 2025),
either rounded down to the nearest multiple of $10, see 8 U.S.C.
1802(c), 1812(a)(2)(B), or, for the Annual Asylum Fee (``AAF''),
rounded down to the nearest dollar. See 8 U.S.C. 1808(b)(2). The CPI-U
percent change for calculating FY 2027 OBBBA fees is 3.4 percent.\1\
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\1\ See U.S. Bureau of Labor Statistics, Economic News Release,
Consumer Price Index--July 2026 (Aug. 12, 2026), https://www.bls.gov/news.release/cpi.nr0.htm [https://perma.cc/97AW-798N].
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The table below shows the total FY 2027 EOIR fee amounts by
calculating the FY 2027 OBBBA fees using the formula described above,
and then adding these updated OBBBA fee amounts to the preexisting EOIR
fees under section 286(m) of the Act.
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Updated FY
2027 EOIR
FY 2026 OBBBA Inflation FY 2027 OBBBA EOIR 286(m) total fees
Immigration fee type fee adjustment fee fee except any
(rounded) biometrics
fees
----------------------------------------------------------------------------------------------------------------
Form EOIR-26, Notice of Appeal $920 $30 $950 $110 $1,060
from a Decision of an
Immigration Judge..............
Form EOIR-29, Notice of Appeal 920 30 950 110 1,060
to the Board of Immigration
Appeals from a Decision of a
DHS Officer....................
Form EOIR-45, Notice of Appeal 1,355 40 1,395 675 2,070
from a Decision of an
Adjudicating Official in a
Practitioner Disciplinary Case.
Motions to reopen or reconsider 920 30 950 145 1,095
a decision of an Immigration
Judge..........................
Motions to reopen or reconsider 920 30 950 110 1,060
a decision of the Board of
Immigration Appeals............
[[Page 54212]]
Motion to reopen a decision of 920 30 950 0 950
an Immigration Judge or the
Board of Immigration Appeals
that is based exclusively on an
application for relief that
does not require a fee.........
Motion to reconsider a decision 920 30 950 0 950
of an Immigration Judge or the
Board of Immigration Appeals
that is based exclusively on a
prior application for relief
that did not require a fee.....
Form EOIR-40, Application for 610 20 630 100 730
Suspension of Deportation......
Form EOIR-42A, Application for 610 20 630 100 730
Cancellation of Removal for
Certain Permanent Residents....
Form EOIR-42B, Application for 1,540 50 1,590 100 1,690
Cancellation of Removal and
Adjustment of Status for
Certain Nonpermanent Residents.
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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 these amounts annually as required, including on
its website and the EOIR Payment Portal. See, e.g., EOIR, Types of
Appeals, Motions, and Required Fees (Feb. 18, 2026), https://www.justice.gov/eoir/types-appeals-motions-and-required-fees [https://perma.cc/Q6CM-HKWN]; EOIR, EOIR Forms (May 4, 2026), https://www.justice.gov/eoir/eoir-forms [https://perma.cc/CD9M-7FLK]; EOIR,
EOIR Payment Portal (June 22, 2026), https://epay.eoir.justice.gov/index [https://perma.cc/LF3L-VACV].
IV. Statutory and Regulatory Requirements
A. Administrative Procedure Act
Under the Administrative Procedure Act (``APA''), agencies
generally must provide ``notice of proposed rule making'' in the
Federal Register and, after such notice, ``give interested persons an
opportunity to participate in the rule making through submission of
written data, views, or arguments.'' 5 U.S.C. 553(b)-(c). The APA
further provides that the required publication or service of a
substantive rule shall be made not less than 30 days before its
effective date, except in certain circumstances. Id. 553(d).
However, pursuant to the APA, a rule is excepted from notice-and-
comment procedures when an agency for good cause finds that such
procedures are impracticable, unnecessary, or contrary to the public
interest. 5 U.S.C. 553(b)(B). A rule is also excepted from the delayed-
effective-date requirement when good cause is found by the agency to
forgo this requirement and is published with the rule. Id. 553(d)(3);
Riverbend Farms, Inc. v. Madigan, 958 F.2d 1479, 1485 (9th Cir. 1992)
(differentiating the APA's two ``good cause'' exceptions: 5 U.S.C.
553(b)(B), which applies to the notice and comment process, and 5
U.S.C. 553(d)(3), which applies to the delayed effective date).
As discussed above, OBBBA requires the Attorney General to annually
update EOIR-collected OBBBA fees for inflation using a statutorily
prescribed formula. See 8 U.S.C. 1802, 1808, 1812. Therefore, the
notice-and-comment and delayed-effective-date requirements are
unnecessary because the Department is bound to comply with OBBBA's
inflation adjustment requirements and, thus, the changes made by this
rule are purely ministerial. See, e.g., Metzenbaum v. FERC, 675 F.2d
1282, 1291 (D.C. Cir. 1982) (explaining notice and comment was
unnecessary under the APA good cause exception for ``nondiscretionary
acts'' as it would be a ``futile gesture'').
B. Regulatory Flexibility Act
This rule does not trigger the requirements of the Regulatory
Flexibility Act because, as explained above, the Department is not
required ``to publish a general notice of proposed rulemaking'' prior
to issuing this rule. See 5 U.S.C. 604(a).
C. Executive Order 12866 (Regulatory Planning and Review) and Executive
Order 13563 (Improving Regulation and Regulatory Review)
Executive Order 12866, Regulatory Planning and Review, 58 FR 51735
(Sept. 30, 1993), and Executive Order 13563, Improving Regulation and
Regulatory Review, 76 FR 3821 (Jan. 18, 2011), each direct agencies to
assess the costs and benefits of available regulatory alternatives and,
if regulation is necessary, to select regulatory approaches that
maximize net benefits (including potential economic, environmental,
public health, and safety effects, distributive impacts, and equity).
Executive Order 13563 further emphasizes the importance of quantifying
both costs and benefits, reducing costs, harmonizing rules, and
promoting flexibility.
The Department has determined that this rule is not a ``significant
regulatory action'' under section 3(f) of Executive Order 12866 and,
therefore, it has not been reviewed by the Office of Management and
Budget. Nevertheless, the Department certifies that this regulation has
been drafted in accordance with the principles laid out in Executive
Orders 12866 and 13563.
This rule merely updates pertinent EOIR fee amounts to be
consistent with the fee changes required by statute. Accordingly, any
changes made by this rule do not impose a cost upon the public beyond
the terms of the statute. Likewise, these regulatory changes provide
clarity, which benefits the public and helps avoid confusion over the
current fee amounts. Thus, the changes made by this rule do not impact
the public in a way that would place it in tension with the principles
set forth in Executive Orders 12866 or 13563.
D. Executive Order 14192 (Unleashing Prosperity Through Deregulation)
This rule is not a regulatory action under Executive Order 14192,
Unleashing Prosperity Through Deregulation, 90 FR 9065 (Jan. 31, 2025),
because it is being issued with
[[Page 54213]]
respect to an immigration-related function of the United States.
E. Executive Order 14294 (Overcriminalization of Federal Regulations)
Executive Order 14294, Overcriminalization of Federal Regulations,
90 FR 20363 (May 9, 2025), requires agencies promulgating regulations
with criminal regulatory offenses potentially subject to criminal
enforcement to explicitly describe the conduct subject to criminal
enforcement, the authorizing statutes, and the mens rea standard
applicable to each element of those offenses. This rule does not create
a criminal regulatory offense and is thus exempt from Executive Order
14294 requirements.
F. Unfunded Mandates Reform Act of 1995
This rule will not result in the expenditure by State, local, and
Tribal governments, in the aggregate, or by the private sector, of $100
million or more (inflation adjusted) in any one year, and it will not
significantly or uniquely affect small governments. Therefore, no
actions were deemed necessary under the provisions of the Unfunded
Mandates Reform Act of 1995, Public Law 104-4, 109 Stat. 48 (codified
at 2 U.S.C. 1501-1571).
G. Executive Order 13132 (Federalism)
This rule will not have substantial direct effects on the States,
on the relationship between the National Government and the States, or
on the distribution of power and responsibilities among the various
levels of government. Therefore, in accordance with section 6 of
Executive Order 13132, Federalism, 64 FR 43255 (Aug. 4, 1999), the
Department has determined that this rule does not have sufficient
federalism implications to warrant the preparation of a federalism
summary impact statement.
H. Executive Order 12988 (Civil Justice Reform)
This rule meets the applicable standards set forth in sections 3(a)
and 3(b)(2) of Executive Order 12988, Civil Justice Reform, 61 FR 4729
(Feb. 5, 1996).
I. Paperwork Reduction Act
This rule does not propose new or revised ``collection[s] of
information'' as that term is defined under the Paperwork Reduction Act
of 1995, Public Law 104-13, 109 Stat. 163 (codified at 44 U.S.C. 3501-
3521), and its implementing regulations, 5 CFR part 1320. However, the
Department notes that EOIR is separately making de minimis changes to
EOIR forms to update the fee amounts on the forms in light of the
inflation adjustments required by OBBBA.
J. Congressional Review Act
This rule is not a major rule as defined by section 804 of the
Congressional Review Act. 5 U.S.C. 804.
List of Subjects in 8 CFR Part 1103
Administrative practice and procedure, Authority delegations
(Government agencies), Reporting and recordkeeping requirements.
Accordingly, for the reasons set forth in the preamble, and by the
authority vested in the Acting Director, Executive Office for
Immigration Review, by Attorney General Order Number 6260-2025, the
Department amends part 1103 of title 8 of the U.S. Code of Federal
Regulations as follows:
PART 1103--APPEALS, RECORDS, AND FEES
0
1. The authority citation for part 1103 continues to read as follows:
Authority: 8 U.S.C. 1101, 1103, 1304, 1356, 1801, 1802, 1808,
1812; 31 U.S.C. 9701; 28 U.S.C. 509, 510.
0
2. Amend Sec. 1103.7 by revising table 1 to paragraph (b)(1), table 2
to paragraph (b)(2), and table 3 to apragraph (b)(4)(i), to read as
follows:
* * * * *
(b) * * *
(1) * * *
Table 1 to Paragraph (b)(1)
----------------------------------------------------------------------------------------------------------------
Current EOIR
(section Current EOIR
286(m) of the Current One total fees
Immigration fee type Immigration Big Beautiful except any
and Bill Act biometrics
Nationality (OBBBA) fee fees
Act) fee
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Form EOIR-26, Notice of Appeal from a Decision of an Immigration $110 $950 $1,060
Judge..........................................................
Form EOIR-29, Notice of Appeal to the Board of Immigration 110 950 1,060
Appeals from a Decision of a DHS Officer.......................
Form EOIR-45, Notice of Appeal from a Decision of an 675 1,395 2,070
Adjudicating Official in a Practitioner Disciplinary Case......
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(2) * * *
Table 2 to Paragraph (b)(2)
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Current EOIR
Current EOIR Current OBBBA total fees
Immigration fee type (286(m)) fee fee except any
biometrics fees
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Motion to reopen or reconsider a decision of an Immigration $145 $950 $1,095
Judge........................................................
Motion to reopen or reconsider a decision of the Board of 110 950 1,060
Immigration Appeals..........................................
Motion to reopen a decision of an Immigration Judge or the 0 950 950
Board of Immigration Appeals that is based exclusively on an
application for relief that does not require a fee...........
[[Page 54214]]
Motion to reconsider a decision of an Immigration Judge or the 0 950 950
Board of Immigration Appeals that is based exclusively on a
prior application for relief that did not require a fee......
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* * * * *
(4) * * *
(i) * * *
Table 3 to Paragraph (b)(4)(i)
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Current EOIR
Current EOIR Current OBBBA total fees
Immigration fee type (286(m)) fee fee except any
biometrics fees
----------------------------------------------------------------------------------------------------------------
Form EOIR-40, Application for Suspension of Deportation....... $100 $630 $730
Form EOIR-42A, Application for Cancellation of Removal for 100 630 730
Certain Permanent Residents..................................
Form EOIR-42B, Application for Cancellation of Removal and 100 1,590 1,690
Adjustment of Status for Certain Nonpermanent Residents......
----------------------------------------------------------------------------------------------------------------
Sirce E. Owen,
Acting Director, Executive Office for Immigration Review, Department of
Justice.
[FR Doc. 2026-17146 Filed 8-20-26; 8:45 am]
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