8 USC 1812 - Fees relating to applications for adjustment of status

(a)

Fee for filing an application to adjust status to that of a lawful permanent resident

(1)

In general

(2)

Amount specified

(A)

Initial amount

For fiscal year 2025, the amount specified in this paragraph shall be the greater of—

(i)

$1,500; or

(ii)

such amount as the Attorney General may establish, by rule.

(B)

Annual adjustments for inflation

During fiscal year 2026, and during each subsequent fiscal year, the amount specified in this paragraph shall be equal to the sum of—

(i)

the amount of the fee required under this subsection for the most recently concluded fiscal year; and

(ii)

the product resulting from the multiplication of the amount referred to in clause (i) by the percentage (if any) by which the Consumer Price Index for All Urban Consumers for the month of July preceding the date on which such adjustment takes effect exceeds the Consumer Price Index for All Urban Consumers for the same month of the preceding calendar year, rounded to the next lowest multiple of $10.

(3)

Disposition of adjustment of status application fees

During each fiscal year—

(A)

not more than 25 percent of the fees collected pursuant to this subsection—

(i)

shall be derived by transfer from the Immigration Examinations Fee Account under section 1356(n) of this title; and

(ii)

shall be credited to the Executive Office for Immigration Review to retain and spend without further appropriation; and

(B)

any amounts not derived by transfer and credited pursuant to subparagraph (A) shall be deposited into the general fund of the Treasury.

(b)

Fee for filing application for waiver of grounds of inadmissibility

(1)

In general

(2)

Amount specified

(A)

Initial amount

For fiscal year 2025, the amount specified in this paragraph shall be the greater of—

(i)

$1,050; or

(ii)

such amount as the Attorney General may establish, by rule.

(B)

Annual adjustments for inflation

During fiscal year 2026, and during each subsequent fiscal year, the amount specified in this paragraph shall be equal to the sum of—

(i)

the amount of the fee required under this subsection for the most recently concluded fiscal year; and

(ii)

the product resulting from the multiplication of the amount referred to in clause (i) by the percentage (if any) by which the Consumer Price Index for All Urban Consumers for the month of July preceding the date on which such adjustment takes effect exceeds the Consumer Price Index for All Urban Consumers for the same month of the preceding calendar year, rounded to the next lowest multiple of $10.

(3)

Disposition of waiver of ground of admissibility application fees

During each fiscal year—

(A)

not more than 25 percent of the fees collected pursuant to this subsection—

(i)

shall be derived by transfer from the Immigration Examinations Fee Account under section 1356(n) of this title; and

(ii)

shall be credited to the Executive Office for Immigration Review to retain and spend without further appropriation; and

(B)

any amounts not derived by transfer and credited pursuant to subparagraph (A) shall be deposited into the general fund of the Treasury.

(c)

Fee for filing an application for temporary protected status

(1)

In general

(2)

Amount specified

(A)

Initial amount

For fiscal year 2025, the amount specified in this paragraph shall be the greater of—

(i)

$500; or

(ii)

such amount as the Attorney General may establish, by rule.

(B)

Annual adjustments for inflation

During fiscal year 2026, and during each subsequent fiscal year, the amount specified in this paragraph shall be equal to the sum of—

(i)

the amount of the fee required under this subsection for the most recently concluded fiscal year; and

(ii)

the product resulting from the multiplication of the amount referred to in clause (i) by the percentage (if any) by which the Consumer Price Index for All Urban Consumers for the month of July preceding the date on which such adjustment takes effect exceeds the Consumer Price Index for All Urban Consumers for the same month of the preceding calendar year, rounded to the next lowest multiple of $10.

(3)

Disposition of temporary protected status application fees

During each fiscal year—

(A)

not more than 25 percent of the fees collected pursuant to this subsection—

(i)

shall be derived by transfer from the Immigration Examinations Fee Account under section 1356(n) of this title; and

(ii)

shall be credited to the Executive Office for Immigration Review to retain and spend without further appropriation; and

(B)

any amounts not derived by transfer and credited pursuant to subparagraph (A) shall be deposited into the general fund of the Treasury.

(d)

Fee for filing an appeal of a decision of an immigration judge

(1)

In general

(2)

Amount specified

(A)

Initial amount

For fiscal year 2025, the amount specified in this paragraph shall be the greater of—

(i)

$900; or

(ii)

such amount as the Attorney General may establish, by rule.

(B)

Annual adjustments for inflation

During fiscal year 2026, and during each subsequent fiscal year, the amount specified in this paragraph shall be equal to the sum of—

(i)

the amount of the fee required under this subsection for the most recently concluded fiscal year; and

(ii)

the product resulting from the multiplication of the amount referred to in clause (i) by the percentage (if any) by which the Consumer Price Index for All Urban Consumers for the month of July preceding the date on which such adjustment takes effect exceeds the Consumer Price Index for All Urban Consumers for the same month of the preceding calendar year, rounded to the next lowest multiple of $10.

(3)

Exception

(4)

Disposition of fees for appealing immigration judge decisions

During each fiscal year—

(A)

not more than 25 percent of the fees collected pursuant to this subsection—

(i)

shall be derived by transfer from the Immigration Examinations Fee Account under section 1356(n) of this title; and

(ii)

shall be credited to the Executive Office for Immigration Review to retain and spend without further appropriation; and

(B)

any amounts not derived by transfer and credited pursuant to subparagraph (A) shall be deposited into the general fund of the Treasury.

(e)

Fee for filing an appeal from a decision of an officer of the Department of Homeland Security

(1)

In general

(2)

Amount specified

(A)

Initial amount

For fiscal year 2025, the amount specified in this paragraph shall be the greater of—

(i)

$900; or

(ii)

such amount as the Attorney General may establish, by rule.

(B)

Annual adjustments for inflation

During fiscal year 2026, and during each subsequent fiscal year, the amount specified in this paragraph shall be equal to the sum of—

(i)

the amount of the fee required under this subsection for the most recently concluded fiscal year; and

(ii)

the product resulting from the multiplication of the amount referred to in clause (i) by the percentage (if any) by which the Consumer Price Index for All Urban Consumers for the month of July preceding the date on which such adjustment takes effect exceeds the Consumer Price Index for All Urban Consumers for the same month of the preceding calendar year, rounded to the next lowest multiple of $10.

(3)

Disposition of fees for appealing Department of Homeland Security officer decisions

During each fiscal year—

(A)

not more than 25 percent of the fees collected pursuant to this subsection—

(i)

shall be derived by transfer from the Immigration Examinations Fee Account under section 1356(n) of this title; and

(ii)

shall be credited to the Executive Office for Immigration Review to retain and spend without further appropriation; and

(B)

any amounts not derived by transfer and credited pursuant to subparagraph (A) shall be deposited into the general fund of the Treasury.

(f)

Fee for filing an appeal from a decision of an adjudicating official in a practitioner disciplinary case

(1)

In general

(2)

Amount specified

(A)

Initial amount

For fiscal year 2025, the amount specified in this paragraph shall be the greater of—

(i)

$1,325; or

(ii)

such amount as the Attorney General may establish, by rule.

(B)

Annual adjustments for inflation

During fiscal year 2026, and during each subsequent fiscal year, the amount specified in this paragraph shall be equal to the sum of—

(i)

the amount of the fee required under this subsection for the most recently concluded fiscal year; and

(ii)

the product resulting from the multiplication of the amount referred to in clause (i) by the percentage (if any) by which the Consumer Price Index for All Urban Consumers for the month of July preceding the date on which such adjustment takes effect exceeds the Consumer Price Index for All Urban Consumers for the same month of the preceding calendar year, rounded to the next lowest multiple of $10.

(3)

Disposition of fees for appealing Department of Homeland Security officer decisions

During each fiscal year—

(A)

not more than 25 percent of the fees collected pursuant to this subsection—

(i)

shall be derived by transfer from the Immigration Examinations Fee Account under section 1356(n) of this title; and

(ii)

shall be credited to the Executive Office for Immigration Review to retain and spend without further appropriation; and

(B)

any amounts not derived by transfer and credited pursuant to subparagraph (A) shall be deposited into the general fund of the Treasury.

(g)

Fee for filing a motion to reopen or a motion to reconsider

(1)

In general

(2)

Amount specified

(A)

Initial amount

For fiscal year 2025, the amount specified in this paragraph shall be the greater of—

(i)

$900; or

(ii)

such amount as the Attorney General may establish, by rule.

(B)

Annual adjustments for inflation

During fiscal year 2026, and during each subsequent fiscal year, the amount specified in this paragraph shall be equal to the sum of—

(i)

the amount of the fee required under this subsection for the most recently concluded fiscal year; and

(ii)

the product resulting from the multiplication of the amount referred to in clause (i) by the percentage (if any) by which the Consumer Price Index for All Urban Consumers for the month of July preceding the date on which such adjustment takes effect exceeds the Consumer Price Index for All Urban Consumers for the same month of the preceding calendar year, rounded to the next lowest multiple of $10.

(3)

Exceptions

The fee required under paragraph (1) shall not apply to—

(A)

a motion to reopen a removal order entered in absentia if such motion is filed in accordance with section 1229a(b)(5)(C)(ii) of this title; or

(B)

a motion to reopen a deportation order entered in absentia if such motion is filed in accordance with section 1252b(c)(3)(B) of this title prior to April 1, 1997.

(4)

Disposition of fees for filing certain motions

During each fiscal year—

(A)

not more than 25 percent of the fees collected pursuant to this subsection—

(i)

shall be derived by transfer from the Immigration Examinations Fee Account under section 1356(n)of this title; and

(ii)

shall be credited to the Executive Office for Immigration Review to retain and spend without further appropriation; and

(B)

any amounts not derived by transfer and credited pursuant to subparagraph (A) shall be deposited into the general fund of the Treasury.

(h)

Fee for filing application for suspension of deportation

(1)

In general

(2)

Amount specified

(A)

Initial amount

For fiscal year 2025, the amount specified in this paragraph shall be the greater of—

(i)

$600; or

(ii)

such amount as the Attorney General may establish, by rule.

(B)

Annual adjustments for inflation

During fiscal year 2026, and during each subsequent fiscal year, the amount specified in this paragraph shall be equal to the sum of—

(i)

the amount of the fee required under this subsection for the most recently concluded fiscal year; and

(ii)

the product resulting from the multiplication of the amount referred to in clause (i) by the percentage (if any) by which the Consumer Price Index for All Urban Consumers for the month of July preceding the date on which such adjustment takes effect exceeds the Consumer Price Index for All Urban Consumers for the same month of the preceding calendar year, rounded to the next lowest multiple of $10.

(3)

Disposition of fees for filing application for suspension of deportation

During each fiscal year—

(A)

not more than 25 percent of the fees collected pursuant to this subsection—

(i)

shall be derived by transfer from the Immigration Examinations Fee Account under section 1356(n) of this title; and

(ii)

shall be credited to the Executive Office for Immigration Review to retain and spend without further appropriation; and

(B)

any amounts not derived by transfer and credited pursuant to subparagraph (A) shall be deposited into the general fund of the Treasury.

(i)

Fee for filing application for cancellation of removal for certain permanent residents

(1)

In general

(2)

Amount specified

(A)

Initial amount

For fiscal year 2025, the amount specified in this paragraph shall be the greater of—

(i)

$600; or

(ii)

such amount as the Attorney General may establish, by rule.

(B)

Annual adjustments for inflation

During fiscal year 2026, and during each subsequent fiscal year, the amount specified in this paragraph shall be equal to the sum of—

(i)

the amount of the fee required under this subsection for the most recently concluded fiscal year; and

(ii)

the product resulting from the multiplication of the amount referred to in clause (i) by the percentage (if any) by which the Consumer Price Index for All Urban Consumers for the month of July preceding the date on which such adjustment takes effect exceeds the Consumer Price Index for All Urban Consumers for the same month of the preceding calendar year, rounded to the next lowest multiple of $10.

(3)

Disposition of fees for filing application for cancellation of removal

During each fiscal year—

(A)

not more than 25 percent of the fees collected pursuant to this subsection—

(i)

shall be derived by transfer from the Immigration Examinations Fee Account under section 1356(n) of this title; and

(ii)

shall be credited to the Executive Office for Immigration Review to retain and spend without further appropriation; and

(B)

any amounts not derived by transfer and credited pursuant to subparagraph (A) shall be deposited into the general fund of the Treasury.

(j)

Fee for filing an application for cancellation of removal and adjustment of status for certain nonpermanent residents

(1)

In general

(2)

Amount specified

(A)

Initial amount

For fiscal year 2025, the amount specified in this paragraph shall be the greater of—

(i)

$1,500; or

(ii)

such amount as the Attorney General may establish, by rule.

(B)

Annual adjustments for inflation

During fiscal year 2026, and during each subsequent fiscal year, the amount specified in this paragraph shall be equal to the sum of—

(i)

the amount of the fee required under this subsection for the most recently concluded fiscal year; and

(ii)

the product resulting from the multiplication of the amount referred to in clause (i) by the percentage (if any) by which the Consumer Price Index for All Urban Consumers for the month of July preceding the date on which such adjustment takes effect exceeds the Consumer Price Index for All Urban Consumers for the same month of the preceding calendar year, rounded to the next lowest multiple of $10.

(3)

Disposition of fees for filing application for cancellation of removal

During each fiscal year—

(A)

not more than 25 percent of the fees collected pursuant to this subsection—

(i)

shall be derived by transfer from the Immigration Examinations Fee Account under section 1356(n) of this title; and

(ii)

shall be credited to the Executive Office for Immigration Review to retain and spend without further appropriation; and

(B)

any amounts not derived by transfer and credited pursuant to subparagraph (A) shall be deposited into the general fund of the Treasury.

(k)

Limitation on use of funds