EOIR Final Rule Increasing Fees for Filings

EOIR final rule increasing the filing fees for applications, appeals, and motions that are subject to an EOIR-determined fee. The final rule adopts the fee amounts proposed in the noticed of proposed rulemaking published on 2/28/20 without change. The rule is effective 1/19/21. (85 FR 82750, 12/18/20)

Fee increases are as follows:

1. Fee for Form EOIR-26 increased from $110 to $975.
2. Fee for Form EOIR-29 increased from $110 to $705.
3. Fee for Form EOIR-40 increased from $100 to $305.
4. Fee for Form EOIR-42A increased from $100 to $305.
5. Fee for Form EOIR-42B increased from $100 to $360.
6. Fee for Form EOIR-45 increased from $110 to $675.
7. Fee for filing a motion to reopen or reconsider before the OCIJ increased from $110 to $145.
8. Fee for filing a motion to reopen or reconsider before the BIA increased from $110 to $895.

DEPARTMENT OF JUSTICE

Executive Office for Immigration Review

8 CFR Parts 1003, 1103, 1208, 1216, 1240, 1244, and 1245

[EOIR Docket No. 18–0101; A.G. Order No. 4929–2020]

RIN 1125–AA90

Executive Office for Immigration Review; Fee Review

AGENCY: Executive Office for Immigration Review, Department of Justice.

ACTION: Final rule.

Related Resources

• Practice Alert: Federal Court Grants Partial Injunction of Proposed EOIR Fee Increases
• District Court Halts Most of EOIR Filing Fee Rule from Going into Effect (CLINIC, et al., v. EOIR, et al., 1/18/21)
• EOIR Proposed Rule Increasing Fees for Filings (85 FR 11866, 2/28/20)