On July 4, 2025, President Donald J. Trump signed the One Big Beautiful Bill Act (OBBBA), formally known as H.R. 1, into law. Among the sweeping changes this bill introduces, one of the most significant for foreign nationals, visa holders, and immigrants is the restructuring of statutory fees in removal and deportation proceedings overseen by the Executive Office for Immigration Review (EOIR).
As of July 17, 2025, the EOIR has issued new guidance to implement these changes. This blog outlines the essential updates every applicant, sponsor, or investor should know.
Key Changes to EOIR Immigration Fees
1. New and Increased Fees
Under OBBBA, numerous applications for relief from removal now have new or increased fees. Importantly, these fees are in addition to existing fees set by regulation under 8 C.F.R. § 1103.7.
| Application or Motion | Form Number | New Fee |
|---|---|---|
| Adjustment of Status | Form I-485 | $2,940 |
| Initial Asylum Application | Form I-589 | $100 |
| Annual Asylum Fee | N/A | $100 per year (for pending applications) |
| Cancellation of Removal (LPRs) | Form EOIR-42A | $700 |
| Cancellation of Removal (Non-LPRs) | Form EOIR-42B | $1,600 |
| Suspension of Deportation | Form I-881 | $700 |
| Temporary Protected Status (TPS) | Form I-821 | $500 |
| Waiver of Inadmissibility | Form I-601 | $2,100 |
2. New Board of Immigration Appeals (BIA) Fees
| Appeal or Motion | Form Number | New Fee |
|---|---|---|
| Appeal from IJ Decision | Form EOIR-26 | $1,010 |
| Appeal from DHS Decision | Form EOIR-29 | $1,010 |
| Practitioner Discipline Appeal | Form EOIR-45 | $2,000 |
| Motion to Reopen/Reconsider (IJ) | N/A | $1,045 |
| Motion to Reopen/Reconsider (BIA) | N/A | $1,010 |
3. New Annual Asylum Fee
Perhaps the most controversial update is the introduction of a $100 annual asylum fee. This fee applies to any asylum application pending for more than one year as of a date after the bill’s enactment.
For example, if you filed an asylum application on July 7, 2024, and it remains pending as of July 7, 2025, the $100 annual fee applies.
Fee Waiver Restrictions
The One Big Beautiful Bill Act limits fee waiver options. The following fees cannot be waived or reduced:
- Initial Asylum Application Fee
- Annual Asylum Fee
- Temporary Protected Status (TPS) Fee
Other fee waiver requests remain valid through Form EOIR-26A, but adjudicators are instructed to carefully scrutinize waiver applications for fraud, especially in cases where the applicant has been in the U.S. for many years or has employment authorization.
Inflation Adjustments and Future Changes
Starting in fiscal year 2026, EOIR fees will be subject to annual inflation adjustments. This means applicants should prepare for potential yearly increases in the listed fees.
Compliance Reminder for Filings
All filings with EOIR—whether motions, appeals, or applications—must now include:
- Payment of the appropriate OBBBA fees
- Proof of payment, or
- A valid and complete fee waiver application (where applicable)
Filings that fail to meet these requirements will be rejected.
What This Means for You
If you are currently in removal proceedings, pursuing asylum, or appealing an immigration decision, these new fees will directly impact your case. The legal and financial complexities of immigration in the U.S. are increasing, making it critical to consult with an experienced immigration attorney to plan your next steps.
At Ahluwalia Law Offices, P.C., we stand ready to guide you through these changes with personalized counsel and a commitment to protecting your rights.
