The U.S. Department of Justice’s Executive Office for Immigration Review (EOIR) has proposed revisions to Form EOIR-26, Notice of Appeal from a Decision of an Immigration Judge. This form is critical for individuals, including visa holders and foreign nationals, who wish to challenge decisions made in immigration court. The updates aim to improve clarity, modernize instructions, and streamline the appeals process for both individuals and the Department of Homeland Security (DHS).
What Is Form EOIR-26?
Form EOIR-26 is used to appeal decisions rendered by immigration judges to the Board of Immigration Appeals (BIA), under 8 CFR 1003.1 and 1003.3. It collects key data such as:
- Appellant’s name and A-number
- Contact information for all parties and legal representatives
- Legal basis for the appeal
- Certification of service to all involved parties
This form must be filed correctly and within the deadline to preserve the right to administrative appeal.
Key Revisions in 2025
The newly proposed changes to Form EOIR-26 include:
- Improved formatting and layout for better readability
- Revised instructions for both electronic and paper submissions
- Removal of inactive program references (e.g., BIA Pro Bono Project)
- An added option to specify interlocutory appeals
- A new field for attorney or representative email addresses
These changes reflect the Department’s effort to align with best practices in data collection and usability under the Paperwork Reduction Act of 1995.
Estimated Impact on Respondents
According to EOIR estimates:
- Approximately 45,473 appeals will be filed annually
- Each response will take about 30 minutes to complete
- Total public burden: 22,736 hours annually
The filing fee remains $110 per individual appeal, with additional costs for postage and printing for paper filings. Electronic submission options continue to expand accessibility.
Compliance with Federal Standards
As part of the Office of Management and Budget (OMB) review process, the EOIR is inviting public comments on:
- Whether the information collection is necessary and useful
- Accuracy of estimated burdens and assumptions
- Suggestions for improving the quality and clarity of the form
- Recommendations for reducing respondent burden, especially via technology
All feedback must be submitted by September 2, 2025, to EOIR or the Department Clearance Officer at the Department of Justice.
Implications for Foreign Nationals and Legal Representatives
For foreign nationals navigating complex removal proceedings or adverse rulings, the appeal process offers a critical path to due process. It is important to:
- File EOIR-26 promptly and accurately
- Ensure legal arguments are clear and complete
- Consult with an experienced immigration attorney to maximize chances of a successful appeal.
Contact our office for a consultation. We are here to help you navigate the evolving U.S. immigration system with confidence.
