The Executive Office for Immigration Review (EOIR) has issued Policy Memorandum (PM) 25-35, directing Immigration Courts and the Board of Immigration Appeals (BIA) to implement a new fee structure under the Omnibus Border and Budget Adjustment Act.
This legislation implemented or increased fees for various applications for relief and protection from removal adjudicated in EOIR proceedings. It also increased fees for appeals before the Board of Immigration Appeals (Board) and for various types of motions before EOIR, including a $100 fee for asylum applications and $100 annual fees for pending asylum cases.
These new fees for asylum applications and pending cases mark a historic shift by ending the long-standing practice of fee-free filings for asylum seekers. Additionally, the legislation mandates annual fees for each calendar year an asylum application remains pending. These fees are non-waivable, meaning asylum seekers must pay them regardless of financial hardship.
The memo also confirms specific fees: $1,500 for Adjustment of Status (Form I-485); $900 for appeals from Immigration Judge decisions (Form EOIR-26, except for bond appeals); $600 for Cancellation of Removal for Certain Permanent Residents (Form EOIR-42A); $1,500 for Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents (Form EOIR-42B); $600 for Suspension of Deportation (Form I-881); $500 for Temporary Protected Status (“TPS”) (Form I-821); $1,050 for Waiver of Inadmissibility (Form I-601); $900 for Appeal from a decision of a DHS officer (Form EOIR-29); $1,325 for Appeal in a practitioner discipline case (Form EOIR-45); and $900 for Motions to Reopen, with exceptions for motions to reopen an in absentia removal order filed in accordance with INA § 240(b)(5)(C)(ii)7, or motions to reopen an in absentia deportation order filed in accordance with former INA § 242B(c)(3)(B) (prior to April 1, 1997). A $900 fee also applies to Motions to Reconsider.
Until EOIR updates its regulations under 8 C.F.R. § 1337(b), Immigration Courts and the BIA are instructed to apply the statutory minimum fees set by the Omnibus Border and Budget Adjustment Act. Payment processes remain unchanged, following existing guidelines in 8 C.F.R. § 1337(a) and PM 21-10.
The Omnibus Border and Budget Adjustment Act imposes strict limits on fee waivers, prohibiting exemptions for the initial asylum application fee, the annual asylum fee, and the Temporary Protected Status (TPS) fee. However, EOIR’s fee waiver request form, Form EOIR-26A, remains valid for other fees, and the adjudication process for these waivers will follow PM 21-10 guidelines. The BIA may issue precedential decisions to clarify how fee waiver requests are handled under the new rules.
EOIR has emphasized strict compliance, stating that filings without the correct fees, proof of payment, or a complete fee waiver request (where applicable) will be rejected. The act authorizes the Department of Homeland Security (DHS) Secretary and the Attorney General to raise fees above the statutory minimums through regulatory changes.
EOIR will continue its practice of reviewing fees at least every two years, as outlined in PM 21-10, to assess whether adjustments are needed. Starting in fiscal year 2026, fees will be subject to annual inflation adjustments, which EOIR will calculate and communicate.
EOIR is expected to update its regulations in the coming days to reflect the new fee amounts and provide further guidance. In the interim, the statutory minimum fees will apply. Immigrants and their legal representatives are urged to review these requirements carefully to avoid rejections.
Support NepYork – Your Nonprofit News Media for the Nepali Community
NepYork, a 501(c)(3) nonprofit, is the Showcase of Nepalis in New York, delivering timely local news and vital resources on immigration, housing, taxes, health, business, and more. Our mission is to safeguard community journalism, amplify the voices of Nepali immigrants in NYC, and foster understanding, solidarity, and empowerment.
By donating to NepYork, you help us enhance participation in democracy, improve access to essential resources, and share authentic stories that reflect the vibrant, diverse experiences of Nepali New Yorkers. Together, we can connect, inform, and empower our community. Every contribution ensures these voices are heard and valued.
Donate today to keep Nepali stories alive and thriving in New York!
Kishor Panthi
View More PostsKishor Panthi is the founder and editor-in-chief of Khasokhas and NepYork. He is the author of three books, “Kampan,” "UNTRANSLATABLE" and “Zero Mile.” He writes about social issues, immigration, and politics.
