3.4 - Filing Fees

(a) When Required — A filing fee must be submitted together with an appeal or motion filed directly with the Board in the following instances:

• any appeal filed with the Board (except an appeal of a custody bond determination)
• a motion to reopen (except a motion that is based exclusively on a claim for asylum)
• a motion to reconsider (except a motion that is based on an underlying claim for asylum)

          See 8 C.F.R. §§ 1003.2(g)(2)(i), 1003.3, 1003.8.  For purposes of determining filing fee requirements, the term “asylum” here includes withholding of removal, withholding of deportation, and claims under the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment.

If the appeal or motion is electronically filed through ECAS, the relevant fee, if any, must be paid electronically as well through the EOIR Payment Portal on EOIR’s website.  If the filing party is unable to pay the fee, they should request that the fee be waived.  See subsection (c), below.

Filing fees should not be confused with application fees.  See subsection (i), below.

          (b) When Not Required — A filing fee is not required in the following instances:

• a custody bond appeal
• a motion to reopen that is based exclusively on a claim for asylum
• a motion to reconsider that is based on an underlying claim for asylum
• a motion filed while an appeal, a motion to reopen, or a motion to reconsider is already pending before the Board
• a motion requesting only a stay of removal, deportation, or exclusion
• a motion to recalendar
• any appeal or motion filed by DHS
• a motion that is agreed upon by all parties and is jointly filed (a “joint motion”)
• an appeal or motion filed under a law, regulation, or directive that does not require a filing fee

 See 8 C.F.R. §§ 1003.2(g)(2)(i) , 1003.3, 1003.8.  For purposes of determining filing fee requirements, the term “asylum” here includes withholding of removal, withholding of deportation, and claims under the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment.

          (c) When Waived — When an appeal or motion normally requires a filing fee, the Board has the discretion to waive that fee upon a showing of economic hardship or incapacity.

Fee waivers are not automatic but must be requested through the filing of a Fee Waiver Request  (Form EOIR‑26A).  The Fee Waiver Request form must be filed along with the Notice of Appeal (Form EOIR‑26) or the motion.  The form requests information about monthly income and expenses and requires the applicant to declare, under penalty of perjury, that the applicant is unable to pay the fee due to personal economic hardship.  If a fee waiver request does not establish the inability to pay the required fee, the requesting party will receive a rejection notice and the appeal or motion will be returned.  However, the filer will be given 15-days to re-file the rejected appeal or motion with the fee or new fee waiver request, and any applicable filing deadline will be tolled during the 15-day cure period.  See 8 C.F.R. § 1003.8(a)(3).

Fees are not reimbursed merely because the appeal is sustained, the motion is granted, or a party withdraws the appeal or motion.

          (d) Amount of Payment — The filing fee, in all cases in which a fee is required except for a practitioner’s appeal from a decision in disciplinary proceedings, is $110 and must be paid in the precise amount.  If a fee is required, but is paid in any amount other than $110, except for an appeal in discipline proceedings, the filing will be rejected.  See Chapter 3.1(c)(1) (Meaning of “rejected”).  The filing fee for a Notice of Appeal from a Decision of an Adjudicating Official in a Practitioner Disciplinary Case (Form EOIR-45) is $675.  The exact amount of $675 must be paid, any other amount other than $675, the filing will be rejected.

          (e) Number of Payments for a Consolidated Proceeding — Only one fee should be paid in a consolidated proceeding.  See Chapter 4.10(a) (Consolidated Appeals).  For example, if family members appeared in consolidated proceeding before an immigration judge, they need file only one appeal and pay only one filing fee on appeal.

If the proceedings were not consolidated below by an immigration judge, a separate filing fee is required for each family member.  For example, if spouses filed separate claims for relief and those claims were ruled upon separately by an immigration judge, their appeals would have to be filed separately, with a separate fee for each.

          (f) Form of Payment — When a filing fee is required for an appeal or motion filed directly with the Board, the fee must be paid electronically, by check, or by money order in U.S. dollars.  Checks or money orders must be drawn from a bank or institution that is located within the United States.  8 C.F.R. § 1003.8(a).  Checks must be pre-printed with the name of the bank, as well as the account holder’s name, address, and phone number. Checks and money orders are to be made payable to the “United States Department of Justice.”  The check or money order must include the full name and A‑number of the respondent or, in the case of a consolidated proceeding, the lead respondent.  Electronic payments must be submitted through the EOIR Payment Portal.

The Board does not accept cash.  The Board uses the Treasury Department’s OTCNet check capture process or Board fees can be paid electronically through ECAS.  When you provide a check as payment, you authorize the Board either to use information from your check to make a one-time electronic fund transfer from your account or to process the payment as a check transaction.  For inquiries, please contact the Clerk’s Office by calling 703-605-1007.  For information regarding the Privacy Act Statement, please see notice below:

Privacy Act – A Privacy Act Statement required by 5 U.S.C. § 552a(e)(3) stating our authority for soliciting and collecting the information from your check, and explaining the purposes and routine uses which will be made of your check information, is available from the Federal Register at: (https://www.federalregister.gov/articles/2003/02/04/03-2521/privacy-act-of-1974-as-amended-system-of-records), or by calling toll free at 1-866-945-7920 to obtain a copy by mail.  Furnishing the check information is voluntary, but a decision not to do so may require you to make payment by money order.

          (g) Defective or Missing Payment —  If a filing fee is required for an appeal or motion but is not submitted or is defective, the filing will be rejected.  See Chapter 3.1(c)(1) (Meaning of “rejected”).  If a fee payment is not in the correct amount of $110, except for an appeal in discipline proceedings, the filing will be rejected.  The filing fee for a Notice of Appeal from a Decision of an Adjudicating Official in a Practitioner Disciplinary Case (Form EOIR-45) is $675.  If the fee payment is not in the correct amount of $675, the filing will be rejected.  If a fee payment is uncollectible (for example, a check “bounces”), the appeal or motion will be dismissed or denied as improperly filed.

          (h) Attaching the Fee — For appeals paper-filed with the Board, any filing fee payment should be stapled to the Notice of Appeal (Form EOIR‑26 or Form EOIR‑45) as indicated on the form.  For motions, any fee payment should be stapled to the cover sheet.  For any fee payment made electronically, the fee receipt should be submitted with the filing.

          (i) Application Fees — The Board does not collect fees for underlying applications for relief (e.g., adjustment of status, cancellation of removal).  Application fees should be paid to DHS or other agency in accordance with the instructions on the application form.   

When a motion before the Board is based upon newly available eligibility for relief, payment of the fee for the underlying application is not a prerequisite to filing the motion.  Jurisdiction over an application for new relief lies with the immigration courts, and thus the application fee need not be paid unless and until the application comes before an immigration judge.