Understanding the Fee to File a BIA Appeal

If an immigration judge has ruled against you, you may be asking what it costs to keep fighting. The fee to file an appeal with the Board of Immigration Appeals is $1,060 for Form EOIR-26, the Notice of Appeal from an immigration judge’s decision.

The fee is due with your filing. Without it, or a fee waiver request filed within the specified time period, the appeal is not properly filed. This page explains what the fee covers, how a waiver works, and how the deadline connects to payment. It is general information about the process, not advice on your case. Our BIA appeals page covers the wider process.

What the BIA appeal filing fee covers

The BIA appeal filing fee is the charge you pay when you file a Notice of Appeal with the Board of Immigration Appeals, which people often call the Board or the BIA. 8 CFR 1003.8 requires a filing fee for an appeal before the Board, unless the rule lists an exception. The amount itself is set in 8 CFR 1103.7.

Payment has one accepted route. Under the same section, the EOIR Payment Portal is the only accepted form of fee payment. Paying does not by itself file your appeal. 8 CFR 1003.3 says an appeal is not properly filed unless the Board receives it on time, with all required documents, the fee or fee waiver request, and proof of service.

What is the filing fee for an EOIR-26 appeal?

The EOIR-26 appeal fee is $1,060, not including any biometrics fees that may also apply. You pay it when you file the notice, and the appeal must come with proof of payment under 8 CFR 1003.8.

Attorney fees are a separate matter. Any fee quote should list exactly what it includes, so you know what you may owe beyond the filing fee.

Filing fees generally do not come back. Under 8 CFR 1103.7, filing fees are generally non-refundable regardless of the outcome, and any refund is at the discretion of EOIR. Check the amount in effect on your filing date, because fee figures can change.

Can the BIA appeal fee be waived?

Yes, the Board can waive the fee, but only if you show you cannot pay it. The Board has discretion, so a waiver is never automatic. 8 CFR 1003.8 allows the waiver on a showing that the filing party is unable to pay.

You request a waiver on Form EOIR-26A, the Fee Waiver Request. The form includes a declaration signed under penalty of perjury, so every financial fact you give must be accurate. You file it with the Notice of Appeal, not later.

If the request does not establish inability to pay, the appeal is not deemed properly filed. The Board then grants 15 days to re-file with the fee or a new waiver request, and any applicable filing deadline is paused during that cure period. Prepare the financial details carefully, because a weak request can put your appeal at risk.

How long does an immigration appeal take?

The deadline matters more than the total timeline. 8 CFR 1003.38 counts the appeal deadline from the date of the Immigration Judge’s oral decision, or from the mailing or electronic notice of a written decision. If the last day falls on a weekend or legal holiday, the deadline moves to the next business day.

The filing date is the day the Board receives your notice, under the same section. Under 8 CFR 1003.1, an appeal that fails to meet essential statutory or regulatory requirements can be summarily dismissed, and, except for appeals under paragraphs (b)(5), (6), (7), and (14) of that section, for decisions issued on or after March 9, 2026, the Board shall summarily dismiss the appeal unless a majority of the permanent Board members vote en banc to accept it for review on the merits. A late filing can end the appeal before the Board reads your arguments.

If you were ordered removed in absentia, no appeal lies from that order under 8 CFR 1240.15. A motion to reopen may be the route when a person did not receive proper notice, as 8 U.S.C. 1229a describes.

Keeping track of the fee, the deadline, and the receipt

Keep one file with the decision, the Notice of Appeal, your proof of payment or waiver request, and proof of service. Those papers show the Board the appeal was complete and filed on time.

Your Notice of Appeal must state the reasons for the appeal. 8 CFR 1003.3 says you must identify those reasons in the notice or its attachments to avoid summary dismissal. Under 8 CFR 1003.38, any issue not raised in the Notice of Appeal is deemed waived. List every issue you plan to raise.

Put the appeal deadline on your calendar. Under 8 C.F.R. § 1003.38, the Board appeal filing deadline is calculated from the date of the stating of an Immigration Judge’s oral decision or the mailing or electronic notification of an Immigration Judge’s written decision. The Notice of Appeal (Form EOIR-26) must be filed directly with the Board within 10 calendar days of the Immigration Judge’s decision, or within 30 calendar days in cases where the Immigration Judge adjudicated an asylum application and did not deny it under section 208(a)(2)(A), (B), or (C) of the Act. If the final date falls on a Saturday, Sunday, or legal holiday, the deadline extends to the next business day. Documents in a language other than English need a certified English translation to be filed with the appeal, under the same section of 8 CFR 1003.3. Keep copies of everything for the full length of the case.

Fees for USCIS petitions are a different filing

USCIS fees are separate from the Board’s fee, so a USCIS filing carries its own charge. 8 CFR 106.2 sets a fee of $800 for Form I-290B, the Notice of Appeal or Motion, for appealing a decision under the immigration laws in any proceeding over which the Board of Immigration Appeals does not have appellate jurisdiction, and for filing a motion to reopen or reconsider a USCIS decision. The fee is the same whether the denied benefit request has one or multiple beneficiaries, and there is no fee for conditional permanent residents who filed a joint-filing waiver based on battery or extreme cruelty and filed Form I-290B after their Form I-751 was denied. The same section covers certain motions to reopen or reconsider USCIS decisions.

Fees paid to DHS in immigration proceedings can carry an extra charge. 8 CFR 103.7 adds $30 for biometric services on those payments. Confirm which agency takes your filing before you pay.

Family petitions, such as a Form I-130, are filed with USCIS. USCIS sets its own fees for those filings, so check the fee for the specific form you file.

Talking with our team about your appeal

If you are reading this after a removal order, you may be working against a short appeal window. You might also be helping a family member decide whether to appeal. Either way, the fee is rarely the only open question.

Adriana Gomez is the lawyer responsible for this page. Our team focuses on removal defense, including BIA appeals, and we work with people at this stage of the process.

Frequently asked questions