Filing a DHS application in immigration court now costs more. On September 29, 2026, the Department of Justice published a Federal Register notice setting the fiscal year 2027 inflation adjustments to fees created by the One Big Beautiful Bill Act (OBBBA) for certain DHS forms filed with the Executive Office for Immigration Review. The new amounts apply to filings on or after October 1, 2026.
Table of Contents
The new amounts
The notice lists the following OBBBA fees for forms filed with EOIR:
- Form I-485, Application to Register Permanent Residence or Adjust Status: $1,590 (up from $1,540).
- Form I-589, Application for Asylum and for Withholding of Removal, initial application: $100 (unchanged).
- Form I-589, annual asylum fee: $105 (up from $102).
- Form I-601, Application for Waiver of Grounds of Inadmissibility: $1,100 (up from $1,070).
- Form I-821, Application for Temporary Protected Status: $520 (up from $510).
Where the numbers come from
OBBBA became law on July 4, 2025, as Public Law 119-21. It created new fees for EOIR applications, motions and appeals and requires the Attorney General to adjust them each year for inflation. The notice explains that the fiscal year 2027 adjustment uses a 3.4 percent change in the Consumer Price Index for All Urban Consumers, with rounding rules set by statute. The Department had already updated its regulations in a final rule published August 21, 2026; the September notice details the amounts for these four DHS forms.
What the notice does not change
The notice does not change the separate DHS fees collected under section 286(m) of the INA. Those amounts are set in USCIS's fee schedule (Form G-1055). According to the notice, the amounts shown on EOIR's payment portal and website are the combined total of the section 286(m) fee and the OBBBA fee. EOIR's page on appeals, motions and required fees is the place to confirm current amounts before paying.
Rejections and fee waivers
The notice states that EOIR will continue to reject filings that are not accompanied by a proper fee or a request for an applicable fee waiver. In a criminal immigration case, a rejected filing can cost a hearing date or a deadline. Pay attention to which agency receives the filing, the correct total amount and whether a waiver request is available for that form.
Who is affected
- Respondents seeking adjustment of status in removal proceedings.
- Applicants for criminal waivers filed on Form I-601 in court; see our 212(h) waiver article and the I-601 guide.
- Asylum applicants who owe the annual fee while the case is pending; see asylum, withholding and CAT.
- TPS applicants in proceedings; see understanding TPS.
Adjustment at USCIS versus in court
Whether the I-485 is filed with USCIS or with the Immigration Court depends on jurisdiction, which turns on whether the person is in removal proceedings and on regulatory exceptions. Where USCIS has jurisdiction and the case stalls, I-485 adjustment of status mandamus describes the federal court route.
Related Guides on This Site
See also Understanding VAWA Attorney Fees Key Facts You Should Know. See also I-485 Everything You Need to Know I-485 Known As the Application to Register Permanent Residence or Adjust Status. See also What is Form I-246 and How Does It Impact Individuals Facing Deportation or Removal.
Disclosure: Criminal Immigration Law collaborates with the law firm that publishes Mandamus.com and N600K.com; some articles link to their guides. General information only, not legal advice.
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