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USCIS and immigration court fee changes, October–November 2026: what moves when

Fees change on three dates this autumn: EOIR court fees on 1 October 2026 (appeal to the BIA $1,060), four USCIS H.R. 1 fees on 16 October 2026 (annual asylum fee $105, parole fee $1,050, initial asylum/parole/TPS work permit $570, TPS $520) and EB-5 fees on 30 November 2026. The N-400, I-130, I-485 and I-751 fees are not among them. Several higher fees are only PROPOSED.

Searches for "USCIS fee increase" are pulling together several different things that happen on different dates, under different legal authorities, and with different statuses. Some are in force. Some start in a few days. Some are proposals that have not been finalized. Mixing them up leads to the most common practical error in this area: sending a form with the wrong fee, which is a rejection, not a delay.

This page is a dated list. Each entry gives the date, what changes, the legal source, and its status. Amounts are paper fees unless stated, and the list covers the fee notices read through 10 October 2026. It does not say which of these affect any particular person. USCIS publishes the authoritative schedule as Form G-1055, and it should be checked on the day of filing.

Why the wrong fee matters. 8 CFR 103.2(a)(7)(ii) says a benefit request "will be rejected if it is not" "Submitted with the correct fee(s)", and "A benefit request which is rejected will not retain a filing date." If USCIS accepts a request and later finds the fee was wrong, the regulation says "USCIS may reject or deny the request." For the October and November changes the rule is stated in the notices themselves: a request "postmarked on or after October 16, 2026 without the proper filing fee will be rejected" (USCIS notice, 91 FR 62540).

Already in force: dates before 1 October 2026

Recent changes whose fees are already part of the schedule: - Mandatory online filing (11 August 2026). An interim final rule at 91 FR 51924 lets USCIS "require mandatory electronic filing (e-filing)" of certain benefit requests and sets the process for a waiver for people unable to file electronically. Which forms are covered is announced on the USCIS form pages and in instructions, so check them before mailing paper. The Federal Register gave 13 October 2026 as the end of the comment period on the interim rule. - 9-11 Response and Biometric Entry-Exit Fee for H-1B and L-1 (9 September 2026). A final rule at 91 FR 51360 changed DHS's reading so that covered employers submit the fee on all extension-of-status petitions, regardless of whether the fraud fee applies. The existing amounts are $4,000 for H-1B and $4,500 for L-1 petitions under the rule's conditions (8 CFR 106.2(c)(8) and (9)). - Public charge (18 September 2026). DHS rescinded the 2022 public charge regulations, effective 18 September 2026 (91 FR 45324). It is not a fee change; it is listed here because it is often mentioned in the same searches. See the public charge page. - F-1 students (15 September 2026). The duration-of-status rule is not a fee change either. Its effects on the grace period are on the F-1 page.

The premium processing fees in 8 CFR 106.4(c) are also part of the current schedule (for example $2,965 for most of the petitions listed, including the immigrant petitions under 203(b)(1) to (3), and $1,780 for H-2B and R petitions and for employment authorization applications); the premium processing page sets them out.

1 October 2026: immigration court (EOIR) fees

The Department of Justice adjusted its court fees for inflation in a final rule at 91 FR 54211, published 21 August 2026 and effective 1 October 2026. A notice at 91 FR 61447 (29 September 2026) lists the effect on certain DHS forms when they are filed with the immigration courts. The rule says "The FY 2027 filing fee amounts will be required for any relevant filings with the Immigration Courts or the Board of Immigration Appeals filed on or after October 1, 2026", and that EOIR "will continue to reject any filings that are not accompanied by a proper filing fee or request for an applicable fee waiver."

The inflation factor was 3.4 percent. The total fees (the statutory "OBBBA" fee plus the pre-existing EOIR fee) for FY 2027 are: - Form EOIR-26, appeal of an immigration judge's decision to the Board of Immigration Appeals: $1,060 ($950 plus $110). - Form EOIR-29, appeal of a DHS officer's decision to the Board (the route for a denied I-130, for example): $1,060. - Motion to reopen or reconsider a decision of an immigration judge: $1,095; of the Board: $1,060. - A motion to reopen or reconsider based exclusively on an application for relief that does not require a fee: $950. - Form EOIR-42A, cancellation of removal for certain permanent residents (and the EOIR-40): $730. - Form EOIR-42B, cancellation of removal for certain non-permanent residents: $1,690. - Form EOIR-45, appeal in a practitioner disciplinary case: $2,070.

Arithmetic from the same table: the BIA appeal fee rose by $30 (the OBBBA component went from $920 to $950), and the EOIR-42B component by $50 ($1,540 to $1,590).

The 29 September notice covers the statutory components for DHS forms filed with EOIR: Form I-485 ($1,540 to $1,590), the initial Form I-589 asylum fee (unchanged at $100), the annual asylum fee ($102 to $105), Form I-601 ($1,070 to $1,100) and Form I-821 ($510 to $520). It says it "does not change any fees for these DHS forms collected pursuant to section 286(m)"; the amounts shown on EOIR's payment portal and website "are the combined total of the section 286(m) and OBBBA fees."

16 October 2026: USCIS H.R. 1 inflation adjustments

USCIS published a notice at 91 FR 62540 (1 October 2026) with the fiscal year 2027 inflation adjustments to the fees created by H.R. 1 (the One Big Beautiful Bill Act). The Federal Register entry says: "The fees announced in this notice are effective on or after October 16, 2026. Any immigration benefit request postmarked on or after October 16, 2026 without the proper filing fee will be rejected."

The USCIS alert of 30 September 2026 lists the four changes: - Annual asylum fee: $102 to $105. - Form I-131, immigration parole fee: $1,020 to $1,050. - Form I-765, initial asylum applicant, parole or TPS employment authorization: $560 to $570. - Form I-821, Temporary Protected Status: $510 to $520.

The notice's table also lists H.R. 1 fees that do not change: the initial Form I-589 asylum fee ($100), the renewal of an asylum applicant work permit ($275, because H.R. 1 does not provide for adjustment), renewals of parole and TPS work permits and re-parole work permits ($280), the special immigrant juvenile fee ($250) and the I-94 immigration fee ($24). The notice states the method: the CPI-U change from July 2025 (323.048) to July 2026 (333.918) is about 3.36 percent, and most fees are "rounded to the next lowest multiple of $10." The annual asylum fee is rounded down to the nearest dollar.

These H.R. 1 fees are in addition to the regular fees in 8 CFR 106.2 where those apply, and which fee a person pays depends on the form and category. The USCIS fee schedule, Form G-1055, is the document to check.

Nothing in the notice changes the N-400 ($760), the I-130 ($675), the I-485 ($1,440) or the I-751 ($750); those remain as in 8 CFR 106.2 until a rule changes them.

30 November 2026: EB-5 fees

A final rule at 91 FR 61940 (30 September 2026) adjusts the EB-5 fees. The Federal Register entry says: "This final rule is effective November 30, 2026. Any application, petition, or request postmarked on or after this date must be accompanied by the fees established by this final rule."

The rule moves several amounts (current amounts from 8 CFR 106.2 at 1 October 2026; new amounts from the final rule text): - Form I-526 (standalone investor): $11,160 to $7,615. - Form I-526E (regional center investor): $11,160 to $7,850 for the initial filing; amendments $7,775. - Form I-829 (remove conditions, investor): $9,525 to $5,000. - Form I-956 (regional center designation): $47,695 to $44,115 for the initial filing; $9,835 for an amendment. - Form I-956F (approval of an investment offering): $47,695 to $42,675. - Form I-956G (regional center annual statement): $4,470 to $2,165. - Form I-956H (bona fides of persons involved): no fee to $65. - Form I-956K (promoter registration): $2,165. - A new "Petition Fee" of $1,100, payable by those filing a petition for classification under INA 203(b)(5)(E), in addition to other fees.

The preamble also raises EB-5 "Integrity Fund" fees by 10 percent: the I-526E Integrity Fund fee from $1,000 to $1,100 and the Regional Center fee from $10,000 to $11,000. The page on EB-5 fees from 30 November has the full set.

Proposed rules: not in force

Four proposals show up in the same searches. None of them is in force, and none has a final rule as at 10 October 2026. - N-400 and N-336 fees (91 FR 37500, 23 June 2026). The proposal would set the N-400 at $1,330 on paper and $1,280 online, the N-336 at $1,475 and $1,425, and end the reduced fee and fee waivers. The comment period closed on 24 August 2026. See the page on the N-400 proposal. - H-1B cap-subject petition fee (91 FR 54817, 25 August 2026). DHS "proposes to establish a $103,265 fee, payable at the time of filing, for all H-1B cap-subject petitions". The comment period closed on 24 September 2026. See the page on the proposed $103,265 fee. It is not the same as the $100,000 payment ordered by presidential proclamation, whose status is contested and is covered on its own page. - Optional Practical Training fees (91 FR 64566, 8 October 2026). The proposal is to charge F-1 students "$70,000 for initial OPT; and $30,000 for any subsequent OPT". The comment period closes on 9 November 2026. See the OPT page. - Ending the 60-day grace period for certain work visas (91 FR 57807, 11 September 2026). Not a fee, but proposed with comments through 10 November 2026.

A proposal can be changed, withdrawn or finalized in a different form. Until a final rule is published with an effective date, the fees in 8 CFR 106.2 apply.

How to avoid a rejected filing

Practical steps that follow from the rules: - Check the fee on the day of filing. USCIS's schedule is Form G-1055 and it states an edition date. A fee in an old article, a lawyer's old email or a prior-year checklist may no longer be correct. - Check the postmark rule. For the 16 October and 30 November changes the notices key the new fee to the postmark date, so the date of mailing matters. - Check the $50 online discount. 8 CFR 106.1(g) says forms filed online cost $50 less, "unless otherwise provided", and it does not apply to everything (for example, the I-131 refugee travel documents and the N-400 reduced fee). - Separate EOIR from USCIS. Immigration court fees (1 October) are paid through EOIR. USCIS fees (16 October, 30 November) are paid to USCIS. A form filed in court is governed by the EOIR table. - Know whether a waiver exists. Fee waivers are limited to the forms and grounds in 8 CFR 106.3. See the fee waiver page.

A rejected request does not retain a filing date (8 CFR 103.2(a)(7)(ii)). Anyone with a deadline close to the date of a fee change is the person most worth a conversation with an attorney or accredited representative.

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Questions people ask

When do USCIS fees go up in October 2026?

Four H.R. 1 fees rise on 16 October 2026: the annual asylum fee ($102 to $105), the Form I-131 parole fee ($1,020 to $1,050), initial Form I-765 for asylum, parole and TPS applicants ($560 to $570) and the Form I-821 TPS fee ($510 to $520). A request postmarked on or after that date without the proper fee will be rejected.

Is the N-400 fee increasing on 16 October 2026?

No. The 16 October notice does not list the N-400. A separate proposed rule (91 FR 37500) would raise it to $1,330, but it is PROPOSED and not in force; the fee in 8 CFR 106.2(b)(3) is $760.

What are the new EB-5 fees from 30 November 2026?

Under the final rule at 91 FR 61940, the I-526 fee becomes $7,615, the I-526E $7,850, the I-829 $5,000 and the I-956 $44,115, with a new $1,100 Petition Fee. Requests postmarked on or after 30 November 2026 must carry the new fees.

How much does it cost to appeal to the Board of Immigration Appeals in FY 2027?

$1,060 for an appeal on Form EOIR-26 or EOIR-29, effective 1 October 2026 under 91 FR 54211.

Are the proposed $70,000 OPT fee and $103,265 H-1B fee in effect?

No. Both are PROPOSED rules. The OPT proposal (91 FR 64566) has a comment period ending 9 November 2026; the H-1B proposal (91 FR 54817) closed comments on 24 September 2026.

Where do I check the exact fee before filing?

The USCIS fee schedule (Form G-1055) and the form's own page on uscis.gov. Immigration court fees are on the EOIR forms and fees page. A filing with the wrong fee can be rejected under 8 CFR 103.2(a)(7).

Sources

Last checked 2026-10-10.

Related guides

  • USCIS fees, October 2026: every main form — As at 9 October 2026 the paper fee is $675 for the I-130, $1,440 for an adult I-485, $520 for a standard I-765, $750 for the I-751 and $760 for the N-400. Four fees rise on 16 October 2026, EB-5 fees change on 30 November 2026, and several changes are only proposed.
  • USCIS premium processing fees from 1 March 2026 — Since 1 March 2026 the premium processing fee on Form I-907 is $1,780, $2,075 or $2,965 depending on the category (8 CFR 106.4(c)). USCIS must act within 15, 30 or 45 business days or refund the fee, except where it opens a fraud investigation. The fee cannot be waived and must be paid in addition to the filing fee.
  • Asylum fees in 2026: the $100 filing fee, the annual asylum fee ($105), and what happens if one is not paid — Filing Form I-589 carries a $100 statutory asylum fee, and each calendar year the application stays pending an annual asylum fee is due: $105 under the fiscal year 2027 adjustment (EOIR from 1 October 2026; USCIS requests postmarked on or after 16 October 2026). Neither can be waived, an unpaid annual fee leads to rejection of the application, and a rejected application's filing fee is kept.
  • TPS in 2026: how Temporary Protected Status works, the fees, and the Federal Register notices country by country — Temporary Protected Status is granted to nationals of countries DHS designates, for set periods, and it ends when DHS publishes a termination notice. The I-821 fee rises from $510 to $520 and the first TPS work permit from $560 to $570 for requests postmarked on or after 16 October 2026. Every country's position is set by its own Federal Register notice, so check the USCIS TPS page before acting.
  • BIA appeal 2026: the $1,060 fee, the deadline and the March 2026 summary-dismissal rule — An appeal of an immigration judge's decision goes to the Board of Immigration Appeals on Form EOIR-26, with a $1,060 fee or a fee waiver request, and under 8 CFR 1003.38(b) it must reach the Board within 10 calendar days (30 days only where the judge adjudicated an asylum application on the merits). Since 9 March 2026 the Board must dismiss most appeals unless a majority votes to accept them.
  • Proposed N-400 fee rise and end of fee waivers: what the rule says — A DHS proposed rule (91 FR 37500, 23 June 2026) would raise the N-400 to $1,330 on paper or $1,280 online and end the reduced fee and fee waivers for the N-400 and N-336. It is PROPOSED and not in force. Its comment period closed on 24 August 2026; the fees in 8 CFR 106.2 ($760, or $380 at or below 400% of the poverty guidelines) apply until a final rule changes them.
  • The proposed $70,000 OPT fee: what the Federal Register notice says, who would pay and what has not changed — PROPOSED, not in force. On 8 October 2026 DHS proposed that a school pay $70,000 before it first recommends an F-1 student for optional practical training and $30,000 before any later recommendation. Public comments are due 9 November 2026. Nothing changes for any student until DHS publishes a final rule, which the proposal says would take effect 60 days after publication.
  • The proposed $103,265 H-1B cap fee: what DHS proposed, who would pay it, and where the rulemaking stands — PROPOSED, not in force: on 25 August 2026 DHS proposed a $103,265 fee, payable at filing, on every H-1B cap-subject petition (including advanced-degree-exemption petitions), on top of all other fees and any proclamation payment. The comment period closed on 24 September 2026. As at 10 October 2026 no final rule has been published, so the current fees in 8 CFR 106.2 still apply.
  • EB-5 fees from 30 November 2026: the new amounts, what changes for investors and regional centers, and the court stay behind today's fees — A final rule published on 30 September 2026 (91 FR 61940) sets new EB-5 fees for anything postmarked on or after 30 November 2026: $7,615 for Form I-526, $7,850 for an initial I-526E, $5,000 for Form I-829 and $44,115 for an initial regional center application. Until then, USCIS is collecting the fees that applied before 1 April 2024, because of a 2025 court order, not the higher amounts printed in 8 CFR 106.2.
  • Filing online with USCIS: the $50 discount, mandatory e-filing and payment rules — Under 8 CFR 106.1(g), forms filed online cost $50 less than the 106.2 fee unless the regulation says otherwise. Since 11 August 2026 USCIS may require a form to be e-filed once it has been available online for 180 days and USCIS has given 60 days' notice. Fees must come from a US bank in US currency.
  • USCIS fee waiver (Form I-912): which forms qualify and how it works — Only the fees listed in 8 CFR 106.3(a)(3) can be waived, and the green card petition for a relative (I-130) and advance parole are not on the main list. Inability to pay is shown by a means-tested benefit, household income at or below 150% of the poverty guidelines, or extreme financial hardship. A denial cannot be appealed.