8 C.F.R. § 1103.7
Fees
(a) Remittances—(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: https://epay.eoir.justice.gov/index. 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.
(2) Board of Immigration Appeals. The fee for filing an appeal or a motion with the Board of Immigration Appeals shall be paid pursuant to the provisions of 8 CFR 1003.8 when a fee is required.
(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) Amounts of fees—(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:
| Immigration fee type | Current EOIR (section 286(m) of the Immigration and Nationality Act) fee | Current One Big Beautiful Bill Act (OBBBA) fee | Current EOIR total fees except any biometrics fees |
|---|---|---|---|
| Form EOIR-26, Notice of Appeal from a Decision of an Immigration Judge | $110 | $920 | $1,030 |
| Form EOIR-29, Notice of Appeal to the Board of Immigration Appeals from a Decision of a DHS Officer | 110 | 920 | 1,030 |
| Form EOIR-45, Notice of Appeal from a Decision of an Adjudicating Official in a Practitioner Disciplinary Case | 675 | 1,355 | 2,030 |
(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:
| Immigration fee type | Current EOIR (286(m)) fee | Current OBBBA fee | Current EOIR total fees except any biometrics fees |
|---|---|---|---|
| Motion to reopen or reconsider a decision of an | $145 | $920 | $1,065 |
| Motion to reopen or reconsider a decision of the | 110 | 920 | 1,030 |
| Motion to reopen a decision of an | 0 | 920 | 920 |
| Motion to reconsider a decision of an | 0 | 920 | 920 |
(3) Multiple parties. When an appeal or motion is filed on behalf of two or more aliens and the aliens are covered by one decision, only one fee is required.
(4) Applications for Relief—(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:
| Immigration fee type | Current EOIR (286(m)) fee | Current OBBBA fee | Current EOIR total fees except any biometrics fees |
|---|---|---|---|
| Form EOIR-40, Application for Suspension of Deportation | $100 | $610 | $710 |
| Form EOIR-42A, Application for Cancellation of Removal for Certain Permanent Residents | 100 | 610 | 710 |
| Form EOIR-42B, Application for Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents | 100 | 1,540 | 1,640 |
(ii) Forms published by the Department of Homeland Security. 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. Consistent with 8 CFR 106.2, no fee shall apply to a Form I-589 filed with an immigration judge for the sole purpose of seeking withholding of removal under section 241(b)(3) of the Act or protection under the Convention Against Torture regulations.
(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.
(c) Fee waivers. For provisions relating to the authority of the Board or the immigration judges to waive any of the fees prescribed in paragraph (b) of this section, see 8 CFR 1003.8 and 1003.24. No waiver may be granted with respect to the fee prescribed for a Department of Homeland Security form or action that is identified as non-waivable in regulations of the Department of Homeland Security.
(d) Requests for records under the Freedom of Information Act. Fees for production or disclosure of records under 5 U.S.C. 552 may be waived or reduced in accordance with 28 CFR 16.10.