Appeals
BIA Appeal Fee, Payment & Fee Waiver (EOIR-26A) in 2026
How Do You Pay for a BIA Appeal, or Ask for a Fee Waiver?
The fee to appeal an immigration judge's decision to the Board of Immigration Appeals (BIA) is $1,060 for appeals filed on or after October 1, 2026. Bond appeals have no fee. You must pay online through the EOIR Payment Portal and attach the payment receipt to your Notice of Appeal (Form EOIR-26). If you cannot afford the fee, you can file a Fee Waiver Request (Form EOIR-26A) with the appeal instead.
Quick Reference
- Fee (Form EOIR-26): $1,060 for filings on or after October 1, 2026
- No fee: Bond (custody) appeals and appeals filed by DHS
- How to pay: EOIR Payment Portal (ePay.eoir.justice.gov), processed through Pay.gov
- Not accepted: Cash, checks, money orders, or cashier's checks
- Fee waiver: Form EOIR-26A, filed with the Notice of Appeal
- Deadline: The appeal, with the receipt or waiver request, must reach the BIA within 30 calendar days of the decision
The fee step looks simple, but mistakes here can cost you the appeal. The BIA rejects appeals that arrive without a receipt or a proper waiver request, and the 30-day deadline is strict. For the full appeal process, including briefs and timing, see our BIA appeal process guide.
The Current BIA Appeal Fee
The 2025 reconciliation law, often called the One Big Beautiful Bill Act (OBBBA), added a new fee to appeals from immigration judge decisions. That fee is adjusted for inflation every fiscal year. On August 21, 2026, the Justice Department published a final rule (91 FR 54211) setting the fiscal year 2027 amounts. It took effect on October 1, 2026.
BIA Fees for Filings on or After October 1, 2026
- Appeal from an immigration judge (Form EOIR-26): $1,060 ($950 OBBBA fee plus the $110 EOIR fee)
- Appeal from a DHS officer's decision (Form EOIR-29): $1,060, filed with and paid to the DHS office, not EOIR
- Bond appeal (Form EOIR-26): No fee
- Motion to reopen or reconsider before the BIA: $1,060 (lower or no fee in some cases)
- Previous fee: $1,030 for appeals filed from February 1 through September 30, 2026
You must pay the exact amount that EOIR posts on its website on the day you file. If you pay the old $1,030 amount for an appeal filed after October 1, 2026, the BIA can reject the filing. Because the OBBBA fee changes each October 1, always check EOIR's fee page right before you pay.
Which BIA Appeals Have No Fee?
Under the EOIR fee rule at 8 C.F.R. § 1003.8(a)(2), no filing fee is required for:
- Bond (custody) appeals. If you are appealing only the judge's bond decision, there is no fee. The OBBBA statute also says its appeal fee does not apply to bond appeals. See our bond hearings page.
- Appeals filed by DHS. If the government appeals the judge's decision, you do not pay anything to respond.
- Appeals under a law or rule that does not require a fee.
A bond appeal and an appeal of the main removal decision are separate. If you appeal both, the removal appeal still needs the fee or a waiver request.
How to Pay the BIA Appeal Fee
Since February 23, 2026, EOIR no longer accepts checks or money orders for immigration fees. All fees must be paid electronically through the EOIR Payment Portal. The Form EOIR-26 instructions (revised March 2026) explain the steps.
- Go to the EOIR Payment Portal at ePay.eoir.justice.gov.
- Enter the A-Number tied to the judge's decision you are appealing.
- Select the filing type (the appeal of an immigration judge decision).
- Complete payment on Pay.gov. The portal sends you to the U.S. Treasury's Pay.gov site to pay.
- Print or save the EOIR fee receipt. After payment, you return to the EOIR portal to get your receipt. It shows the A-Number and filing type.
- File the receipt with your appeal. For a paper filing, the BIA Practice Manual says to staple the receipt to the Notice of Appeal. For an electronic filing, include the receipt with your submission.
Paper Filing or Electronic Filing (ECAS)
Attorneys, accredited representatives, and DHS must file appeals electronically through the EOIR Courts and Appeals System (ECAS) in cases that are eligible for e-filing. If you do not have a lawyer, you may file through the Respondent Access Portal if you have registered, but you are not required to. You can also file on paper by mail or in person at the BIA Clerk's Office in Falls Church, Virginia.
Pay early. The appeal must arrive at the BIA within 30 calendar days, not just be mailed. Pay the fee well before the deadline so a payment problem does not leave you without a receipt on the last day. A payment that cannot be collected does not count, and the appeal may be dismissed as improperly filed.
Your 30-Day Appeal Clock Is Running
Attorney M. Riaz Musani files BIA appeals with close attention to fees, forms, and deadlines. Call (860) 938-1850 or schedule a consultation.
The BIA Fee Waiver: Form EOIR-26A
If you cannot pay the fee, you can ask the BIA to waive it. Under 8 C.F.R. § 1003.8(a)(3), the Board has discretion to waive the fee for an appeal if you show you are unable to pay. The BIA Practice Manual says waivers are granted only in limited cases, based on economic hardship or incapacity. Waivers are not automatic. You must ask for one using Form EOIR-26A, Fee Waiver Request (revised August 2022).
The fiscal year 2027 fee rule states that it does not change any fee exceptions or waivers. The BIA Practice Manual continues to direct fee waiver requests to Form EOIR-26A.
Who Qualifies
There is no fixed income limit. The question is whether you can show that you are unable to pay. The form compares your monthly income with your monthly expenses, and it lets you explain anything else about your situation, such as dependents you support, medical costs, or lost work. The Board decides each request on its own facts.
What the Form Asks For
- Your name and A-Number. If several family members are on one appeal, only the lead respondent needs to file the form.
- Average monthly income. Gross amounts from work, self-employment, rental income, bank interest, and other sources such as child support or public assistance.
- Average monthly expenses. Rent or mortgage, utilities, debt payments, living costs like food and child care, and other costs such as medical bills and taxes.
- Ability to pay. Income minus expenses.
- Other information. Any facts that explain why you cannot pay, with your name and A-Number on each added page.
- Signatures. The respondent signs the declaration, not the lawyer. If a lawyer or representative submits the form, they also sign to confirm the request is made in good faith.
The Practice Manual says you declare, under penalty of perjury, that you are unable to pay. Be accurate. Leaving out income or overstating expenses can hurt your credibility in the rest of your case.
Supporting Documents That Can Help
The form does not list required attachments. In practice, a request is more convincing when you back up the numbers. Helpful papers can include recent pay stubs, a tax return, a letter about public benefits, a lease, utility bills, medical bills, or a letter from someone who supports you. Put your name and A-Number on every page.
When to File It
File the EOIR-26A together with your Notice of Appeal, in place of the fee receipt. Do not wait to see if you need it later. The BIA reviews the request and decides whether to accept the appeal without the fee. Registered users can also file the form through ECAS.
What Happens if the Fee Waiver Is Denied
If the Board finds that your request does not show you are unable to pay, the BIA Practice Manual (Chapter 2.4) says you will get a rejection notice and the appeal will be returned. You then have 15 days to re-file the appeal, either with the fee receipt or with a better-supported waiver request. The filing deadline is paused (tolled) during that 15-day period.
Watch the 15 days closely. The cure period is short. If you receive a rejection notice, pay the fee through the EOIR Payment Portal or gather stronger proof of hardship right away, and re-file before the 15 days end.
Fees are not refunded just because you win the appeal or later withdraw it. If you are in a consolidated proceeding, only one fee is paid.
What Happens if the Fee Is Missing or Wrong
No Receipt and No Waiver
The filing will be rejected. If the 30 days pass before you file correctly, you may lose the right to appeal.
Wrong Amount
If you pay a different amount than the fee posted on EOIR's website when you file, the filing will be rejected. This often happens right after the October 1 fee change.
Payment Fails
If the payment cannot be collected, the appeal may be dismissed as improperly filed, even if a receipt was attached.
If the judge's decision becomes final because no proper appeal was filed in time, your options shrink. A motion to reopen may be possible in some cases, but it has its own rules, deadlines, and fees. See our motions to reopen page.
Serving DHS With Your Appeal
You must give a copy of your Notice of Appeal and all attachments to the other side. If you are the respondent, the opposing party is the Assistant Chief Counsel of U.S. Immigration and Customs Enforcement (ICE), part of DHS. You then complete and sign the Proof of Service (item 12 on Form EOIR-26). The BIA can reject or dismiss an appeal if the Proof of Service is not completed properly.
If you file through ECAS and DHS is taking part in ECAS for your case, the system sends DHS an electronic notice, so you do not have to serve a paper copy. You must still sign and complete the Proof of Service.
Frequently Asked Questions
How much is the BIA appeal fee in 2026?
For appeals of an immigration judge's decision filed on or after October 1, 2026, the fee is $1,060. Appeals filed before that date in fiscal year 2026 had a $1,030 fee. Bond appeals have no fee.
How do I pay the BIA appeal fee?
Pay online through the EOIR Payment Portal at ePay.eoir.justice.gov. Enter your A-Number, choose the filing type, and complete payment on Pay.gov. Then print the EOIR receipt and file it with your Form EOIR-26. EOIR does not accept cash, checks, or money orders.
What is the BIA fee waiver form?
The BIA fee waiver form is Form EOIR-26A, Fee Waiver Request. It asks for your average monthly income and expenses and any other facts showing you cannot pay. You sign it under penalty of perjury and file it with your Notice of Appeal.
Who qualifies for a BIA fee waiver?
There is no set income limit. The Board has discretion to waive the fee if you show you are unable to pay, based on economic hardship or incapacity. Clear, accurate numbers and supporting documents make a request stronger.
What if the BIA denies my fee waiver?
You will get a rejection notice and the appeal will be returned. The BIA Practice Manual gives you 15 days to re-file with the fee or a better-supported waiver request, and the filing deadline is tolled during that time.
Can I pay the BIA fee by check or money order?
No. Since February 23, 2026, EOIR accepts only electronic payment through the EOIR Payment Portal. Cash, checks, money orders, and cashier's checks are not accepted.
Will I get the fee back if I win my appeal?
No. The BIA does not refund fees because an appeal is sustained, a motion is granted, or a filing is withdrawn.
Need Help Filing a BIA Appeal?
Attorney M. Riaz Musani has more than 14 years of experience and handles BIA appeals and other immigration appeals. Call (860) 938-1850 or schedule a consultation.
Legal Disclaimer
This article provides general legal information about BIA appeal fees, payment, and fee waivers. It is not legal advice and does not create an attorney-client relationship. EOIR fees change each October 1 and procedures can change at any time; always confirm current requirements at justice.gov/eoir and consult a licensed immigration attorney promptly after an adverse decision.