Rule2026-11692
EOIR Fees
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 11, 2026
Effective
June 11, 2026
Issuing agencies
Justice DepartmentExecutive Office for Immigration Review
Abstract
In this interim final rule ("IFR"), the Department of Justice ("Department") is updating its fee regulations for filings with the Executive Office for Immigration Review ("EOIR") to comply with a recent statutory enactment.
Full Text
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<title>Federal Register, Volume 91 Issue 112 (Thursday, June 11, 2026)</title>
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[Federal Register Volume 91, Number 112 (Thursday, June 11, 2026)]
[Rules and Regulations]
[Pages 35369-35376]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-11692]
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DEPARTMENT OF JUSTICE
Executive Office for Immigration Review
8 CFR Parts 1003, 1103, 1208, and 1240
[Docket No. EOIR-26-AB41; Dir. Order No. 06-2026]
RIN 1125-AB41
EOIR Fees
AGENCY: Executive Office for Immigration Review, Department of Justice.
ACTION: Interim final rule; request for comments.
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SUMMARY: In this interim final rule (``IFR''), the Department of
Justice (``Department'') is updating its fee regulations for filings
with the Executive Office for Immigration Review (``EOIR'') to comply
with a recent statutory enactment.
DATES:
Effective date: This IFR is effective June 11, 2026.
Comments: Electronic comments must be submitted and written
comments must be postmarked or otherwise indicate a shipping date on or
before July 13, 2026.
ADDRESSES: If you wish to provide comments regarding this rulemaking,
you must submit your comments, identified by the agency name and
reference RIN 1125-AB41 or EOIR Docket No. EOIR-26-AB41, via the
Federal eRulemaking Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. The
electronic Federal Docket Management System (``FDMS'') at <a href="https://www.regulations.gov">https://www.regulations.gov</a> will accept electronic comments until 11:59 p.m.
Eastern Time July 13, 2026. Follow the website instructions for
submitting comments. Comments must be submitted in English, or an
English translation must be provided. Comments that will provide the
most assistance to the Departments in implementing these changes will
reference a specific portion of the rule, explain the reason for any
recommended change, and include data, information, or authority that
support such recommended change. Comments submitted in a manner other
than via <a href="https://www.regulations.gov">https://www.regulations.gov</a>, including emails or letters sent
to EOIR officials, will not be considered comments on the IFR and may
not receive a response from EOIR. Please note that EOIR does not accept
any comments that are hand-delivered or couriered. In addition, EOIR
does not accept comments contained on any form of digital media storage
devices, such as CDs/DVDs and USB drives. EOIR is also not accepting
mailed comments at this time. If you cannot submit your comment by
using <a href="https://www.regulations.gov">https://www.regulations.gov</a>, please contact Jamee E. Comans,
Assistant Director for Policy, Office of Policy, Executive Office for
Immigration Review, by telephone at (703) 305-0289 (not a toll-free
call) for alternate instructions.
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. Public Participation
Interested persons are invited to participate in this rulemaking by
submitting written data, views, or arguments on all aspects of this IFR
via one of the methods and by the deadline stated above. All comments
must be submitted in English or accompanied by an English translation.
The Department also invites comments that relate to the
[[Page 35370]]
economic, environmental, or federalism effects that might result from
this IFR. Comments that will provide the most assistance to the
Department will reference a specific portion of the IFR; explain the
reason for any recommended change; and include data, information, or
authority that support such recommended change.
Please note that all comments received are considered part of the
public record and made available for public inspection at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Such information includes personally identifying
information (such as your name, address, etc.) voluntarily submitted by
the commenter.
If you want to submit personally identifying information (such as
your name, address, etc.) as part of your comment, but do not want it
to be posted online, you must include the phrase ``PERSONALLY
IDENTIFYING INFORMATION'' in the first paragraph of your comment and
identify what information you want redacted.
If you want to submit confidential business information as part of
your comment, but do not want it to be posted online, you must include
the phrase ``CONFIDENTIAL BUSINESS INFORMATION'' in the first paragraph
of your comment. You also must prominently identify confidential
business information to be redacted within the comment. If a comment
has so much confidential business information that it cannot be
effectively redacted, all or part of that comment may not be posted on
<a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Personally identifying information located as set forth above will
be placed in the agency's public docket file but not posted online.
Confidential business information identified and located as set forth
above will not be placed in the public docket file. The Department may
withhold from public viewing information provided in comments that they
determine may impact the privacy of an individual or is offensive. For
additional information, please read the Privacy Act notice that is
available via the link in the footer of <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To
inspect the agency's public docket file in person, you must make an
appointment with the agency. Please see the FOR FURTHER INFORMATION
CONTACT paragraph above for agency contact information.
II. Background
On July 4, 2025, a Congressional budget reconciliation bill (H.R.
1), commonly referred to as the One Big Beautiful Bill Act (``OBBBA''),
was signed into law.\1\ Public Law 119-21, 139 Stat. 72 (2025). As
relevant to EOIR, OBBBA introduced or increased numerous immigration-
related fees. See OBBBA, Title X, Subtitle A, Part I, secs. 100002,
100009, 100013; 8 U.S.C. 1802, 1808, 1812. Specifically, these fee
changes relate to: applications for relief and protection from removal;
appeals before the Board of Immigration Appeals (``Board''); and
motions to reopen or reconsider before the Immigration Courts and the
Board. In addition, OBBBA foreclosed aliens from seeking fee waivers
for certain application fees, as well as limited the fee exceptions for
motions to reopen and reconsider. See, e.g., id., secs. 100002(e),
100013(g)(3); 8 U.S.C. 1802(e), 1812(g)(3). And, importantly, OBBBA
fees apply in addition to any other fees authorized by law. See, e.g.,
id., secs. 100002(a), 100013(a)-(j); 8 U.S.C. 1802(a), 1812(a)-(j) (all
noting that the OBBBA fees are ``[i]n addition to any other fees
authorized by law'').
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\1\ The official name of the measure is: ``An Act To provide for
reconciliation pursuant to title II of H. Con. Res. 14.''
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To better facilitate payment of the OBBBA fees, on September 23,
2025, EOIR announced the expanded capabilities of the EOIR Payment
Portal to enable electronic payment of relevant fees for appeals,
motions, and applications to EOIR. See EOIR, Notice: Updates to the
EOIR Payment Portal (Sept. 23, 2025), <a href="https://www.justice.gov/eoir/media/1414551/dl?inline">https://www.justice.gov/eoir/media/1414551/dl?inline</a> [<a href="https://perma.cc/2UBL-8M4Q">https://perma.cc/2UBL-8M4Q</a>].
OBBBA also requires that all EOIR-collected OBBBA fees be adjusted
annually for inflation. See, e.g., OBBBA secs. 100002, 100009; 8 U.S.C.
1802, 1808. Thus, in compliance with those mandates, EOIR published a
Federal Register Notice that provided notice to the public of the
inflationary fee adjustments that would apply to EOIR-collected OBBBA
fees beginning February 1, 2026, for the remainder of Fiscal Year
(``FY'') 2026. See Inflation Adjustment for EOIR OBBBA Fees; Fiscal
Year 2026, 91 FR 2561 (Jan. 21, 2026).
The statutory language of OBBBA necessarily supersedes any
conflicting language in EOIR's existing regulations. See, e.g., Nat'l
Family Planning and Reproductive Health Ass'n, Inc. v. Gonzales, 468
F.3d 826, 829 (D.C. Cir. 2006) (noting that ``of course a valid statute
always prevails over a conflicting regulation''). As a result, EOIR is
issuing this rule to update the relevant EOIR regulations to ensure
consistency with OBBBA's provisions and to account for EOIR's expanded
fee collection capabilities.
III. Explanation of Changes
A. Updated Fee Amounts
This rule amends EOIR fees listed in 8 CFR 1103.7 to reflect the
minimum fee amounts required by OBBBA. Compare 8 CFR 1103.7 (2025),
with OBBBA, sec. 100013, 8 U.S.C. 1812.
OBBBA established that, beginning in FY 2025, in addition to
assessing any other fees authorized by law, agencies must assess new
OBBBA fees, in either the minimum amount set out in OBBBA or in a
greater amount set by regulation by the Secretary of Homeland Security
or the Attorney General, as applicable. See, e.g., OBBBA, sec.
100013(i)(2)(A), 8 U.S.C. 1812(i)(2)(A). Then, beginning in FY 2026,
OBBBA also requires EOIR to annually adjust all EOIR-collected OBBBA
fees for inflation using the appropriate formula set forth in OBBBA.
See, e.g., id., sec. 100013(i)(2)(B), 8 U.S.C. 1812(i)(2)(B); see also
U.S. House of Reps., Glossary of Terms, <a href="https://www.house.gov/the-house-explained/open-government/statement-of-disbursements/glossary-of-terms">https://www.house.gov/the-house-explained/open-government/statement-of-disbursements/glossary-of-terms</a> (defining ``Fiscal Year'' as ``The federal government's fiscal
year beginning on October 1 and ending on September 30 of the following
year.'').
Importantly, as explicitly provided in OBBBA, these OBBBA fees are
``[i]n addition to any other fee[s] authorized by law,'' which includes
fees set by EOIR pursuant to its separate statutory authority. See,
e.g., OBBBA, sec. 100013(a)(1); 8 U.S.C. 1812(a)(1). For example,
separate from its OBBBA-provided fee collection authority, EOIR has
statutory fee collection authority pursuant to section 286(m) of the
Immigration and Nationality Act (``INA''), 8 U.S.C. 1356(m), which
authorizes the Attorney General to charge fees for adjudication and
naturalization services at a rate that would ensure recovery of both
the full costs of providing all such services, including the costs of
similar services that may be provided without charge to certain
categories of aliens, and any additional administrative costs
associated with the fees collected.\2\ This section 286(m) statutory
authority
[[Page 35371]]
served as the basis for EOIR's fees before OBBBA was enacted. As such,
the fees imposed by OBBBA do not replace EOIR's section 286(m) fees;
rather, OBBBA fees are required to be charged ``in addition'' to these
existing fees. Therefore, this rulemaking updates EOIR's fee
regulations to add the statutorily required OBBBA fees to EOIR's
preexisting, legally authorized section 286(m) fees, such that the fee
amount listed in EOIR's regulations includes both fees.\3\ See 8 CFR
1103.7(b).
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\2\ EOIR also has general fee authority authorized by title V of
the Independent Offices Appropriations Act of 1952 (``IOAA''),
Public Law 82-137, 65 Stat. 268, 290 (1951) (codified at 31 U.S.C.
9701). The IOAA provides government-wide authority to charge fees to
individuals who receive special services from an agency. 31 U.S.C.
9701(a)-(b). Under the IOAA, fees must be ``fair'' and based on
government costs, value provided to the recipient, the public policy
or interest served, and other relevant factors.
\3\ This rule lists the currently operative section 286(m) fees
in 8 CFR 1103.7. EOIR previously increased its section 286(m) fees
in a 2020 rulemaking, but some of those fee increases were vacated
in litigation. See CLINIC v. EOIR et al., No. 20-CV-03812 (APM),
2026 WL 861067 (D.D.C. Mar. 30, 2026). Listing the currently
operative fees here is not meant to imply the Department is taking
any particular position in ongoing litigation.
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EOIR will update OBBBA fee amounts annually for inflation as
required--generally at the beginning of each FY--including on its
website and electronic payment portal and through notice published in
the Federal Register.\4\ See, e.g., EOIR, Types of Appeals, Motions,
and Required Fees (Feb. 1, 2026), <a href="https://www.justice.gov/eoir/types-appeals-motions-and-required-fees">https://www.justice.gov/eoir/types-appeals-motions-and-required-fees</a> [<a href="https://perma.cc/V8AD-VJDT">https://perma.cc/V8AD-VJDT</a>]; EOIR,
EOIR Forms (Feb. 1, 2026), <a href="https://www.justice.gov/eoir/eoir-forms">https://www.justice.gov/eoir/eoir-forms</a>
[<a href="https://perma.cc/2VX5-KCUE">https://perma.cc/2VX5-KCUE</a>]; EOIR, EOIR Payment Portal, <a href="https://epay.eoir.justice.gov/index">https://epay.eoir.justice.gov/index</a>; 91 FR 2561. Notably, this rule itself does
not substantively change any section 286(m) fee amounts but simply
updates the EOIR fee amounts to reflect the sum of existing section
286(m) fee amounts and statutorily required OBBBA fees.\5\
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\4\ EOIR has already made the required OBBBA inflation
adjustments for FY 2026 through a Federal Register Notice. See 91 FR
2561. Relatedly, the fee amount for each type of application,
appeal, motion, or other form is reflected on the EOIR Payment
Portal, which includes options to pay based on which fee amount was
operative at the time of filing. See id.
\5\ Pursuant to Federal law, 31 U.S.C. 902(a)(8), the Department
will also ``review, on a biennial basis, the fees . . . imposed by
[EOIR] for services and things of value it provides, and make
recommendations on revising those charges to reflect costs incurred
by it in providing those services and things of value.'' See also,
e.g., OBBBA, Title X, Subtitle A, Part I, Sec. 100013(a)(2)(A)(ii)-
(j)(2)(A)(ii), 8 U.S.C. 1812(a)(2)(A)(ii)-(j)(2)(A)(ii) (authorizing
the Attorney General, as applicable, to set a fee amount by
regulation greater than the one imposed by OBBBA). Therefore, in the
future, if the Department decides to substantively revise EOIR's fee
amounts beyond the annual adjustments for inflation, the Department
will publish such changes in the Federal Register.
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B. Motions To Reopen and Reconsider
Next, this IFR amends provisions related to motions to reopen or
reconsider at 8 CFR 1003.8(a)(2) \6\ and 1003.24(b)(2) to ensure
consistency with OBBBA's fee requirements for such motions. See OBBBA,
secs. 100013(g)(1)-(3), 8 U.S.C. 1812(g)(1)-(3). OBBBA mandates a fee
for motions to reopen or reconsider a decision of an Immigration Judge
or the Board filed by an alien, subject to two limited exceptions. Id.
First, the OBBBA fee does not apply to a motion to reopen a removal
order entered in absentia if such motion is filed in accordance with
section 240(b)(5)(C)(ii) of the INA, 8 U.S.C. 1229a(b)(5)(C)(ii).\7\
Id., sec. 100013(g)(3)(A), 8 U.S.C. 1812(g)(3)(A). Second, the OBBBA
fee is not required for a motion to reopen an in absentia deportation
order if the motion is filed in accordance with former section
242B(c)(3)(B) of the INA, 8 U.S.C. 1252b(c)(3)(B) (1994), as it existed
prior to April 1, 1997. Id., sec. 100013(g)(3)(B), 8 U.S.C.
1812(g)(3)(B).
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\6\ This rule also makes a minor non-substantive edit to the
introductory heading in 8 CFR 1003.24(b) to clarify that the
paragraph applies to all motions, similar to existing 8 CFR
1003.8(a). See 8 CFR 1003.8(a) (``Appeals and motions before the
Board'').
\7\ Notably, a motion to reopen an in absentia order claiming
exceptional circumstances filed pursuant to section 240(b)(5)(C)(i)
of the INA, 8 U.S.C. 1229a(b)(5)(C)(i), requires a filing fee under
OBBBA.
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Accordingly, the Department is removing two inconsistent regulatory
fee exceptions that previously allowed an alien to file a motion to
reopen or reconsider without paying a filing fee in circumstances other
than those identified in the two OBBBA exceptions.\8\ See 8 CFR
1003.8(a)(2)(ii)-(iii), 1003.24(b)(2)(i)-(ii) (2025) (removing
exceptions for motions to reopen or reconsider based exclusively on
current or prior applications for relief that do not--or did not--
require a fee).
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\8\ The Department is retaining, but renumbering, the existing
regulatory exceptions stating that a filing fee is not required for:
(1) a motion filed while proceedings are pending before the
Immigration Court or an appeal, a motion to reopen, or a motion to
reconsider is already pending before the Board; (2) a motion
requesting only a stay of removal, deportation, or exclusion; (3)
any motion filed by DHS; (4) a motion that is agreed upon by all
parties and is jointly filed; (5) a motion filed under a law,
regulation, or directive that specifically does not require a filing
fee; and (6) a motion to reopen a deportation or removal order
entered in absentia if the motion is filed pursuant to section
242B(c)(3)(B) of the INA, 8 U.S.C. 1252b(c)(3)(B), as it existed
prior to April 1, 1997, or section 240(b)(5)(C)(ii) of the INA, 8
U.S.C. 1229a(b)(5)(C)(ii), as amended. See 8 CFR 1003.8(a)(2)(ii)-
(vi); 1003.24(b)(2)(i)-(vi); see also OBBBA, sec. 100013(g)(1), 8
U.S.C. 1812(g)(1) (applying motion to reopen or reconsider fees only
to alien-filed motions).
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In doing so, however, the Department notes that removing these two
exceptions only ensures that aliens are paying the required OBBBA fee
and does not create any new 286(m) fee obligations. To make this clear,
this rule adds language to the chart in 8 CFR 1103.7(b)(2) stating that
no 286(m) fees are required when a motion to reopen or reconsider is
based exclusively on current or prior applications for relief that do
not--or did not--require a fee.
C. Asylum Fees
Third, the Department is adding language reflecting OBBBA's new
asylum-related fees by revising 8 CFR 1003.24(d), 1103.7(b), and
1208.3(a)(1) to reference the initial application fee required for all
asylum applications, see OBBBA, sec. 100002, 8 U.S.C. 1802, as well as
an annual asylum fee (``AAF'') \9\ required ``for each calendar year
that an alien's application for asylum remains pending,'' see OBBBA,
sec. 100009, 8 U.S.C. 1808. It is also deleting conflicting language in
various regulations reflecting that no fee is required for an asylum
application.
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\9\ This rule includes statutory language from OBBBA explicitly
prohibiting EOIR from waiving or reducing the AAF. See 8 CFR
1103.7(b)(4)(iii). However, the Department notes that, due to
litigation regarding the AAF, EOIR declined to collect the FY 2025
AAF for a brief period (July 5, 2025, to September 30, 2025). See
Asylum Seeker Advocacy Project v. USCIS, et al., No. CV SAG-25-
03299, 2025 WL 3029552 (D. Md. Oct. 30, 2025).
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D. Paying Filing Fees Directly to EOIR
Fourth, the Department is amending various regulatory sections to
reflect that filing fees are now paid directly to EOIR. See 8 CFR
1003.3(a)(3), 1003.8(a)(4)(i), 1003.23(b)(1)(ii), 1003.24(a) and
(c)(1)-(2), 1003.31(g), 1103.7(a)(1) and (3).
Previously, EOIR did not have the ability to collect filing fees,
except for certain appeals and motions before the Board. All other
payments for filing fees related to EOIR proceedings--most notably
Immigration Court fees--were paid to and accepted by the Department of
Homeland Security (``DHS''). However, the functionality of the EOIR
Payment Portal has been expanded to allow payment of the required
filing fees for appeals, motions, applications, and other forms filed
with the Immigration Courts and the Board directly to EOIR.\10\
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\10\ See EOIR, Notice: Updates to the EOIR Payment Portal.
Instructions for how to make a payment using the EOIR Payment
Portal, how to obtain a fee receipt, and other Frequently Asked
Questions (``FAQs'') related to the EOIR Payment Portal are
available at EOIR, Payment Portal Frequently Asked Questions (FAQ)
(Feb. 18, 2026), <a href="https://www.justice.gov/eoir/eoir-payment-portal-frequently-asked-questions-faq">https://www.justice.gov/eoir/eoir-payment-portal-frequently-asked-questions-faq</a> [<a href="https://perma.cc/8AWE-L5GR">https://perma.cc/8AWE-L5GR</a>].
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As such, the regulatory sections listed above have been amended to
remove any language requiring or referencing making payments to DHS and
to instead state that fees are paid to EOIR in a
[[Page 35372]]
manner and form authorized by EOIR, and that filings must be
accompanied by proof of payment of such fees. Additionally, the
Department is adding language to clarify that the only accepted form of
fee payment is payment through the EOIR Payment Portal, and that such
fees are generally non-refundable.\11\ See 8 CFR 1103.7(a)(1). While
these regulatory changes merely reflect the expanded EOIR Payment
Portal, the Department anticipates this payment change will create
significant efficiencies for aliens and their representatives, who are
now able to pay their fees online and directly to the agency where they
are submitting their relevant filings.\12\
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\11\ Executive Order 14247, Modernizing Payments To and From
America's Bank Account, requires agencies to transition to
electronic methods of receiving payments to promote efficiency and
reduce the risk of fraud. 90 FR 14001 (Mar. 25, 2025).
\12\ EOIR has successfully collected filing fees directly for
certain appeals and motions before the Board through its EOIR
Payment Portal for several years, and the expansion of the EOIR
Payment Portal to other types of fees reflects that success.
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E. Multiple Applications
Fifth, the Department is amending 8 CFR 1240.11(f) and 1240.49(e)
to remove language stating that aliens filing multiple relevant
applications must only pay the filing fee for the application with the
highest cost. Pursuant to OBBBA, Congress explicitly requires the
payment of fees for all listed applications and has spoken directly
when providing a fee waiver or exception. See, e.g., OBBBA, sec.
100002(e), 8 U.S.C. 1802(e) (no asylum fee waiver); sec. 100013(g)(3),
8 U.S.C. 1812(g)(3) (providing motion to reopen exceptions). In light
of this clear statutory language, EOIR is removing these conflicting
regulatory provisions that would otherwise act as de facto fee waivers
for the lower cost application(s).
F. Technical Changes
Lastly, the Department is making minor technical changes to fix the
capitalization of Immigration Judge and Immigration Court and to
replace ``Service'' with ``DHS'' in the relevant sections discussed
herein. The Department is also updating a cross-reference in 8 CFR
1240.63(a) to properly reference the correct fee paragraph in 8 CFR
1103.7 relating to suspension of deportation applications.
IV. 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. at 553(d).
However, this rule qualifies for certain exceptions to these
requirements, as discussed below. Although prior notice and comment is
not required because such exceptions apply, the Department nonetheless
invites public comment on this IFR and will consider any public
comments submitted in conformity with the requirements set forth in
Section I of this preamble before issuing a final rule.
1. Procedural Rule
The Department may forgo notice and comment and a delayed effective
date because this rule is a rule of ``agency organization, procedure,
or practice.'' 5 U.S.C. 553(b)(A); 5 U.S.C. 553(d) (delayed effective
date requirement only applies to ``substantive'' rules). The procedural
rule exception ``covers agency actions that do not themselves alter the
rights or interests of parties, although it may alter the manner in
which the parties present themselves or their viewpoints to the
agency.'' JEM Broad. Co., Inc. v. FCC, 22 F.3d 320, 326 (D.C. Cir.
1994) (quoting Batterton v. Marshall, 648 F.2d 694, 707 (D.C. Cir.
1980)); see also Mendoza v. Perez, 754 F.3d 1002, 1023-24 (D.C. Cir.
2014).
In determining whether a rule is substantive or procedural, courts
``must look at [the rule's] effect on those interests ultimately at
stake in the agency proceeding.'' Neighborhood TV Co., Inc. v. FCC, 742
F.2d 629, 637 (D.C. Cir. 1984). But ``an otherwise-procedural rule does
not become a substantive one, for notice-and-comment purposes, simply
because it imposes a burden on regulated parties.'' James V. Hurson
Assocs., Inc. v. Glickman, 229 F.3d 277, 281 (D.C. Cir. 2000). In fact,
a rule is not necessarily a substantive rule for APA notice-and-comment
purposes even if it has ``a `substantial impact' upon the persons
subject to it.'' Elec. Priv. Info. Ctr. v. DHS, 653 F.3d 1, 5 (D.C.
Cir. 2011).
The Department has determined that this rule is procedural and
therefore exempt from the APA's notice-and-comment and delayed-
effective-date requirements because it merely updates EOIR's
regulations to conform with OBBBA's statutory provisions, which are
already in effect. Importantly, this rule does not itself substantively
raise any section 286(m) EOIR fees.
Moreover, changes directing that payments for all filings with EOIR
be made to EOIR, and requiring that those payments be made
electronically, affect only the ``manner in which parties present
themselves'' to the agency. JEM Broad Co., Inc., 22 F.3d at 326
(quoting Batterton, 648 F.2d at 707). These changes do not affect an
alien's underlying legal claim, only the process the alien must follow
to gain access to the agency proceeding in which they will present
their legal claim. See Neighborhood TV Co., Inc., 742 F.2d at 637.
2. Good Cause
Additionally, 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. at
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).
Consistent with the APA and for the reasons explained below, this IFR
is excepted from the APA's notice-and-comment and delayed-effective-
date requirements because the Department has found good cause to
proceed with an immediately effective IFR. 5 U.S.C. 553(b)(B), (d)(3).
OBBBA was signed into law on July 4, 2025, and its changes to
immigration-related fee provisions went into effect upon enactment,
including explicitly amending EOIR fees for FY 2025, which ran from
October 1, 2024, through September 30, 2025. See U.S. House of Reps.,
Glossary of Terms, <a href="https://www.house.gov/the-house-explained/open-government/statement-of-disbursements/glossary-of-terms">https://www.house.gov/the-house-explained/open-government/statement-of-disbursements/glossary-of-terms</a> (last visited
Apr. 22, 2026) (``Fiscal Year'' definition).
Consequently, upon OBBBA's enactment, the fee provisions contained
in EOIR's regulations prior to this IFR became inconsistent with
OBBBA's statutorily mandated fee changes. Compare 8 CFR 1103.7 (2025),
with OBBBA, sec. 100013, 8 U.S.C. 1812. Importantly, as this IFR only
amends EOIR's regulations to be consistent with the applicable law, the
notice-and-
[[Page 35373]]
comment and delayed-effective-date requirements are unnecessary,
impracticable, and contrary to the public interest as the Department
was bound to comply with OBBBA's new immigration-related fee provisions
from the moment OBBBA was signed into law. Moreover, to the extent that
the fee provisions contained in EOIR's regulations prior to this IFR
were inconsistent with OBBBA, those regulations were no longer valid
and new statutorily compliant regulations are necessary. See, e.g.,
Norman v. United States, 942 F.3d 1111, 1117 (Fed. Cir. 2019) (finding
that a regulation setting forth a maximum penalty was no longer valid,
because it was inconsistent with the maximum penalty mandated by
statute).
Similarly, Executive Order 14247, Modernizing Payments To and From
America's Bank Account, ``mandat[es] the transition to electronic
payments for all Federal . . . receipts by digitizing to the extent
permissible under applicable law . . . .'' 90 FR 14001. Specifically,
this Executive Order mandates that ``[a]ll executive departments and
agencies'' must transition to digital payment options and that ``all
payments made to the Federal Government shall be processed
electronically,'' with limited exceptions, as soon as practicable. Id.
Moreover, the Department considered whether Executive Order 14247's
exception for ``individuals who do not have access to banking services
or electronic payment systems'' applies here. See 90 FR 14001, sec.
4(i). However, the Department determined that EOIR's electronic payment
system (the EOIR Payment Portal) is available to all aliens, and that
general online access has become so widespread that EOIR anticipates
all aliens--or their families or representatives on their behalf--will
be able to make electronic payments as needed. The Department further
weighed this concern against the important interests served by
Executive Order 14247, which explains that ``checks and money orders .
. . impose[ ] unnecessary costs; delays; and risks of fraud, lost
payments, theft, and inefficiencies.'' See 90 FR 14001.
This IFR therefore updates EOIR's regulations to require electronic
payment through the EOIR Payment Portal, in implementation of Executive
Order 14247's mandate. Further, practically, to ensure that all EOIR
fees are collected only through electronic means, the Department must
collect all EOIR fees itself, rather than continuing to allow some
payments of EOIR fees to be made to DHS. As this IFR only amends EOIR's
regulations to be consistent with the applicable law, the notice-and-
comment and delayed-effective-date requirements are unnecessary,
impracticable, and contrary to the public interest as the Department is
bound to comply with Executive Order 14247.
B. Regulatory Flexibility Act
This rule does not trigger the requirements of the Regulatory
Flexibility Act because the agency was not required ``to publish a
general notice of proposed rulemaking'' prior to issuing this IFR. 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,
Regulatory Planning and Review, 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 of Executive Orders 12866 and 13563.
The primary changes made by this rule to EOIR's fee regulations do
not impose a cost on the public beyond the terms of OBBBA, as these
changes are merely reflecting statutorily mandated fee requirements.
These regulatory changes also provide important clarity regarding the
current fee amounts and the availability of exceptions or waivers. They
also streamline where to pay relevant fees, which the Department
expects to benefit fee submitters, as they will no longer have to
determine whether to send their fee to EOIR or DHS or navigate a
correction if they paid the wrong entity. The Department further
anticipates that paying fees through the EOIR Payment Portal will
create significant efficiencies for aliens and their representatives by
allowing them to pay their fees online and directly to the agency where
they are submitting their relevant filings. Moreover, the Department
considered whether requiring online fee payment would create any
additional costs, including for pro se aliens and other populations
such as detained aliens, but ultimately determined that online payments
have become so ubiquitous due to the widespread availability of general
online access, for both the aliens and their families or
representatives, that any such costs would be de minimis.
Thus, overall, the changes made by this rule provide important
benefits and, conversely, do not impact the public in a way that would
render it in tension with the principles of Executive Orders 12866 or
13563.
D. Executive Order 14192 (Unleashing Prosperity Through Deregulation)
This rule is not a regulatory action under Executive Order 14192
because it is being issued with respect to an immigration-related
function of the United States.
E. 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.
F. 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, the Department has determined that this rule
does not have sufficient federalism implications to warrant the
preparation of a federalism summary impact statement.
G. 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.
H. Paperwork Reduction Act
This rule does not propose new ``collection[s] of information,'' or
revisions to existing ones, as that term is defined under the Paperwork
[[Page 35374]]
Reduction Act of 1995, Public Law 104-13, 109 Stat. 163, 44 U.S.C.
chapter 35, and its implementing regulations, 5 CFR part 1320. However,
the Department notes that EOIR is separately making de minimis changes
to EOIR forms to address the incorrect fee amounts on the forms in
light of OBBBA.
I. Congressional Review Act
This rule is not a major rule as defined by section 804 of the
Congressional Review Act. See 5 U.S.C. 804(3)(C) (defining the term
``rule'' to exclude ``any rule of agency organization, procedure, or
practice that does not substantially affect the rights or obligations
of non-agency parties''). Further, this is a rule of agency procedure
that does not substantially affect the rights or obligations of non-
agency parties. 5 U.S.C. 804(3). Accordingly, it is not a ``rule'' as
defined in 5 U.S.C. 804(3), and reporting to Congress and the GAO is
not required.
List of Subjects
8 CFR Part 1003
Administrative practice and procedure, Aliens, Immigration, Legal
services, Organization and functions (Government agencies).
8 CFR Part 1103
Administrative practice and procedure, Authority delegations
(Government agencies), Fees, Reporting and recordkeeping requirements.
8 CFR Part 1208
Administrative practice and procedure, Aliens, Immigration,
Reporting and recordkeeping requirements.
8 CFR Part 1240
Administrative practice and procedure, Aliens.
Accordingly, for the reasons set forth in the preamble, and by the
authority vested in the Director, Executive Office for Immigration
Review, by the Attorney General Order Number 6260-2025, the Department
amends parts 1003, 1103, 1208, and 1240 of title 8 of the CFR as
follows:
PART 1003--EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
0
1. The authority citation for part 1003 is revised to read as follows:
Authority: 5 U.S.C. 301; 6 U.S.C. 521; 8 U.S.C. 1101, 1103,
1154, 1155, 1158, 1182, 1226, 1229, 1229a, 1229b, 1229c, 1231,
1254a, 1255, 1324d, 1330, 1361, 1362, 1801, 1802, 1808, 1812; 28
U.S.C. 509, 510, 1746; sec. 2, Reorg. Plan No. 2 of 1950, 3 CFR,
1949-1953 Comp., p. 1002.
0
2. Amend Sec. 1003.3 by revising the first sentence of paragraph
(a)(3) to read as follows:
Sec. 1003.3 Notice of appeal.
(a) * * *
(3) * * * The appeal must be accompanied by proof of payment of the
filing fee in a manner and form authorized by EOIR or a fee waiver
request in satisfaction of the fee requirements of Sec. 1003.8. * * *
* * * * *
0
3. Amend Sec. 1003.8 by:
0
a. Revising paragraphs (a)(2), (a)(4) introductory text, and (a)(4)(i);
and
0
b. Removing the first sentence of paragraph (b).
The revisions read as follows:
Sec. 1003.8 Fees before the Board.
(a) * * *
(2) When a fee is not required. A filing fee is not required in the
following instances:
(i) A custody bond appeal filed pursuant to Sec. 1003.1(b)(7);
(ii) A motion filed while an appeal, a motion to reopen, or a
motion to reconsider is already pending before the Board;
(iii) A motion requesting only a stay of removal, deportation, or
exclusion;
(iv) Any appeal or motion filed by the Department of Homeland
Security;
(v) A motion that is agreed upon by all parties and is jointly
filed; or
(vi) Any appeal or motion filed under a law, regulation, or
directive that specifically does not require a filing fee.
* * * * *
(4) Method of payment. When a fee is required, the appeal or motion
shall be accompanied by proof of payment of the filing fee.
(i) In general. Except as provided in paragraph (a)(4)(ii) of this
section, the fee for filing an appeal or motion with the Board, as set
forth in 8 CFR 1103.7(b), shall be paid in a manner and form authorized
by EOIR.
* * * * *
0
4. Amend Sec. 1003.23 by revising the fifth sentence in paragraph
(b)(1)(ii) to read as follows:
Sec. 1003.23 Reopening or reconsideration before the immigration
court.
* * * * *
(b) * * *
(1) * * *
(ii) * * * For any motion requiring a fee, that motion must be
accompanied by proof of payment of the required filing fee in a manner
and form authorized by EOIR or a fee waiver request pursuant to 8 CFR
1103.7(c). * * *
* * * * *
0
5. Amend Sec. 1003.24 by:
a. Revising the section heading and paragraphs (a), (b) heading,
(b)(2), and (c); and
b. Revising and republishing paragraph (d).
The revisions read as follows:
Sec. 1003.24 Fees pertaining to matters within the jurisdiction of an
Immigration Judge.
(a) Generally. All fees for the filing of motions and applications
in connection with proceedings before the Immigration Judges shall be
paid in a manner and form authorized by EOIR.
(b) Motions-- * * *
(2) When a fee is not required. A filing fee is not required in the
following instances:
(i) A motion filed while proceedings are already pending before the
Immigration Court;
(ii) A motion requesting only a stay of removal, deportation, or
exclusion;
(iii) A motion to reopen a deportation or removal order entered in
absentia if the motion is filed pursuant to section 242B(c)(3)(B) of
the Act (8 U.S.C. 1252b(c)(3)(B)), as it existed prior to April 1,
1997, or section 240(b)(5)(C)(ii) of the Act (8 U.S.C.
1229a(b)(5)(C)(ii)), as amended;
(iv) Any motion filed by the Department of Homeland Security;
(v) A motion that is agreed upon by all parties and is jointly
filed; or
(vi) Any motion filed under a law, regulation, or directive that
specifically does not require a filing fee.
(c) Applications for relief--(1) When filed during proceedings.
When an application for relief is filed during the course of
proceedings, the fee for that application must be paid in a manner and
form authorized by EOIR. Fee amounts are listed in 8 CFR 1103.7.
Applications for relief filed with the Immigration Court will not be
accepted unless accompanied by proof of payment of any required fees.
(2) When submitted with a motion to reopen. When a motion to reopen
is based upon an application for relief, the fee for the motion shall
be paid in a manner and form authorized by EOIR, and proof of such
payment must accompany the motion. As described in 8 CFR 1240.11(f),
payment of the fee for the application for relief shall not accompany
the motion. If the motion is granted and proceedings are reopened, the
fee for the application shall be paid in a manner and form authorized
by EOIR within the time specified by the Immigration Judge.
[[Page 35375]]
(d) Fee waivers. The Immigration Judge has the discretion to waive
a fee for a motion or application for relief upon a showing that the
filing party is unable to pay the fee, except as provided in 8 CFR
1103.7(b)(4)(iii) and 1208.3(a). The request for a fee waiver must be
accompanied by a properly executed affidavit or unsworn declaration
made pursuant to 28 U.S.C. 1746 substantiating the filing party's
inability to pay the fee. If the request for a fee waiver is denied,
the application or motion will not be deemed properly filed, provided
the Immigration Judge grants 15 days to re-file the rejected document
with the filing fee or new fee waiver request and tolls any applicable
filing deadline during the 15-day cure period.
0
6. Amend Sec. 1003.31 by revising paragraph (g) to read as follows:
Sec. 1003.31 Filing documents and applications.
* * * * *
(g) Fees. All documents or applications filed with the Immigration
Courts requiring the payment of a fee must be accompanied by proof of
payment of the filing fee in a manner and form authorized by EOIR, or
if applicable, a fee waiver request pursuant to 8 CFR 1103.7(c).
* * * * *
PART 1103--APPEALS, RECORDS, AND FEES
0
7. The authority citation for part 1103 is revised 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
8. Amend Sec. 1103.7 by:
0
a. Revising paragraphs (a)(1) and (3), (b)(1) and (2), and (b)(4)(i);
and
0
b. Adding paragraph (b)(4)(iii).
The revisions and addition read as follows:
Sec. 1103.7 Fees.
(a) * * *
(1) In general. Fees shall be submitted in connection with any
formal appeal, motion, or application prescribed in this chapter in the
amount prescribed by law or regulation. The only accepted form of fee
payment is payment through the EOIR Payment Portal: <a href="https://epay.eoir.justice.gov/index">https://epay.eoir.justice.gov/index</a>. Payment of any fee under this section does
not constitute filing of the appeal, motion, or application with the
Board of Immigration Appeals or with the Immigration Court. Filing fees
generally are non-refundable regardless of the outcome of the benefit
request, or how much time the adjudication requires, and any decision
to refund a fee is at the discretion of EOIR.
* * * * *
(3) All other fees payable in connection with immigration
proceedings. Required fees in connection with EOIR proceedings shall be
paid in a manner and form authorized by EOIR. Applications or motions
will not be accepted unless they are accompanied by proof of payment of
any required fees.
(b) * * *
(1) Appeals. For filing an appeal to the Board of Immigration
Appeals, when a fee is required pursuant to 8 CFR 1003.8, as follows:
Table 1 to Paragraph (b)(1)
----------------------------------------------------------------------------------------------------------------
Current EOIR
(section 286(m) Current EOIR
of the Current One Big total fees except
Immigration fee type Immigration and Beautiful Bill any biometrics
Nationality Act) Act (OBBBA) fee fees
fee
----------------------------------------------------------------------------------------------------------------
Form EOIR-26, Notice of Appeal from a Decision of an $110 $920 $1,030
Immigration Judge.....................................
Form EOIR-29, Notice of Appeal to the Board of 110 920 1,030
Immigration Appeals from a Decision of a DHS Officer..
Form EOIR-45, Notice of Appeal from a Decision of an 675 1,355 2,030
Adjudicating Official in a Practitioner Disciplinary
Case..................................................
----------------------------------------------------------------------------------------------------------------
(2) Motions. For filing a motion to reopen or a motion to
reconsider, when a fee is required pursuant to 8 CFR 1003.8 or 1003.24,
as follows:
Table 2 to Paragraph (b)(2)
----------------------------------------------------------------------------------------------------------------
Current EOIR
Current EOIR total fees except
Immigration fee type (286(m)) fee Current OBBBA fee any biometrics
fees
----------------------------------------------------------------------------------------------------------------
Motion to reopen or reconsider a decision of an $145 $920 $1,065
Immigration Judge.....................................
Motion to reopen or reconsider a decision of the Board 110 920 1,030
of Immigration Appeals................................
Motion to reopen a decision of an Immigration Judge or 0 920 920
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 of an Immigration Judge 0 920 920
or the Board of Immigration Appeals that is based
exclusively on a prior application for relief that did
not require a fee.....................................
----------------------------------------------------------------------------------------------------------------
* * * * *
(4) * * *
(i) Forms published by the Executive Office for Immigration Review.
Fees for applications for relief shall be paid in accordance with 8 CFR
1003.8(b) and 1003.24(c) as follows:
[[Page 35376]]
Table 3 to Paragraph (b)(4)(i)
----------------------------------------------------------------------------------------------------------------
Current EOIR
Current EOIR total fees except
Immigration fee type (286(m)) fee Current OBBBA fee any biometrics
fees
----------------------------------------------------------------------------------------------------------------
Form EOIR-40, Application for Suspension of Deportation $100 $610 $710
Form EOIR-42A, Application for Cancellation of Removal 100 610 710
for Certain Permanent Residents.......................
Form EOIR-42B, Application for Cancellation of Removal 100 1,540 1,640
and Adjustment of Status for Certain Nonpermanent
Residents.............................................
----------------------------------------------------------------------------------------------------------------
* * * * *
(iii) Annual asylum fee. Aliens are required to pay an annual fee
for each calendar year that an alien's asylum application remains
pending administrative review. This fee cannot be waived or reduced.
* * * * *
PART 1208--PROCEDURES FOR ASYLUM AND WITHHOLDING OF REMOVAL
0
9. The authority citation for part 1208 is revised to read as follows:
Authority: 8 U.S.C. 1101, 1103, 1158, 1225, 1226, 1252, 1282,
1801, 1802, 1808, 1812; 48 U.S.C. 1806.
0
10. Amend Sec. 1208.3 by revising and republishing paragraph (a)(1) to
read as follows:
Sec. 1208.3 Form of application.
(a)(1) An asylum applicant must file Form I-589, Application for
Asylum and for Withholding of Removal, together with any additional
supporting evidence and proof of payment of the required application
fee in accordance with the instructions on the form. The application
fee cannot be waived or reduced. The applicant's spouse and children
shall be listed on the application and may be included in the request
for asylum if they are in the United States. One additional copy of the
principal applicant's Form I-589 must be submitted for each dependent
included in the principal's application.
* * * * *
PART 1240--PROCEEDINGS TO DETERMINE REMOVABILITY OF ALIENS IN THE
UNITED STATES
0
11. The authority citation for part 1240 is revised to read as follows:
Authority: 8 U.S.C. 1101 note, 1103, 1158, 1182, 1186a, 1186b,
1225, 1226, 1227, 1228, 1229a, 1229b, 1229c, 1252 note, 1255 note,
1361, 1362, 1801, 1802, 1808, 1812.
Sec. 1240.11 [Amended]
0
12. Amend Sec. 1240.11 by removing the first sentence of paragraph
(f).
Sec. 1240.49 [Amended]
0
13. Amend Sec. 1240.49 by removing the fourth sentence of paragraph
(e).
Sec. 1240.63 [Amended]
0
14. Amend Sec. 1240.63 by removing the text ``1103.7(b)(1)'' and
adding in its place the text ``1103.7(b)(4)'' in paragraph (a).
Daren K. Margolin,
Director, Executive Office for Immigration Review, Department of
Justice.
[FR Doc. 2026-11692 Filed 6-10-26; 8:45 am]
BILLING CODE 4410-30-P
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</html>Indexed from Federal Register on June 11, 2026.
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