Form EOIR-27 guide: Notice of Entry of Appearance as Attorney or Representative Before the Board of Immigration Appeals
The official name of Form EOIR-27 is Notice of Entry of Appearance as Attorney or Representative Before the Board of Immigration Appeals. It is issued by the Department of Justice's Executive Office for Immigration Review (EOIR) and is completed and signed by an attorney or accredited representative to tell the Board of Immigration Appeals (BIA) who will represent the party in a particular appeal or motion from now on, and to whom the BIA should send its notices and decisions.
It is the "power of attorney" for the BIA stage. Many people assume that because the attorney already filed an EOIR-28 in immigration court, nothing more is needed for the appeal. That is a common misconception: once a case reaches the BIA, a separate EOIR-27 must be filed, and the BIA does not accept the G-28 used with USCIS.
At a glance
| Item | Details |
|---|---|
| Official name | Form EOIR-27, Notice of Entry of Appearance as Attorney or Representative Before the Board of Immigration Appeals |
| Where it is filed | Board of Immigration Appeals (BIA) |
| Who files | The attorney or accredited representative representing the party (not the party personally) |
| When to file | Together with an EOIR-26 appeal or a motion to the BIA; for an appeal from a DHS officer's decision, filed with DHS together with the EOIR-29 |
| Can it be filed online? | In cases eligible for electronic filing, attorneys and accredited representatives must file through ECAS |
| Fee | No fee for the EOIR-27 itself |
| Current edition | Use the edition listed on the EOIR forms page (the October 2023 revision when this was verified) |
| Official page | EOIR downloadable forms page |
Who needs to file EOIR-27
- An attorney representing a party in an appeal to the BIA from an immigration judge's decision (filed with the EOIR-26);
- An attorney representing a party in a motion to the BIA to reopen, reconsider, stay removal, etc.;
- An attorney representing a U.S. citizen or green card holder petitioner in an appeal to the BIA from the denial of an I-130 or similar petition (filed with the EOIR-29 at the DHS office that made the decision);
- An attorney representing a party in a bond appeal.
Points to note:
- A separate form is needed for each person represented and for each appeal or motion, even if the attorney already represented the person in immigration court or before USCIS;
- An attorney who only drafts or completes a single document for a party without an attorney, without taking on full representation, should use EOIR-60 (a limited appearance for document assistance before the BIA) rather than EOIR-27. According to the EOIR Policy Manual, EOIR-60 does not apply to visa petition appeals from DHS officer decisions (EOIR-29).
Who can serve as representative
Under the EOIR-27 and 8 CFR 1292.1, the people who can represent parties before the BIA include:
- Attorneys in good standing before the highest court of any U.S. state or territory and not subject to any order of disbarment, suspension or similar restriction;
- Accredited representatives affiliated with a nonprofit organization recognized by EOIR;
- A few other categories, such as law students or law graduates supervised by an attorney, and "reputable individuals" who appear without compensation and have a preexisting relationship with the party (they must meet the regulatory conditions and explain this on the form).
Attorneys and accredited representatives must also first register in EOIR's electronic registry (eRegistry) and obtain an EOIR ID. Immigration "consultants," agents and notaries (notarios) are not qualified representatives and cannot represent you before the BIA. You can verify an attorney's license on the website of the bar in the state where the attorney is licensed.
Legal basis
- 8 CFR 1003.38(g): a representative appearing before the BIA must file an EOIR-27, or an EOIR-60 for a limited appearance for document assistance;
- 8 CFR 1292.1: the categories of people who may represent parties;
- 8 CFR 1003.101 et seq.: rules of professional conduct for practitioners.
Tips for completing the form
- Party information: the name, address and A-number must match the BIA's records; for a visa petition appeal, enter the beneficiary's name and A-number (if any).
- Type of representative: check only one; attorneys must list the courts where they are admitted and their license numbers and confirm they are not subject to any disbarment, suspension or similar restriction; accredited representatives must state their recognized organization.
- Primary or Non-Primary representative: must be indicated when there is more than one representative in the same case.
- Pro bono representation: check according to the actual arrangement.
- Signature and declaration: the representative signs and declares under penalty of perjury that the contents are true, and consents to EOIR publishing the representative's name and any disciplinary findings.
- Address: a change in the representative's address must first be updated in eRegistry, and then an EOIR-27 showing the new address is filed.
- Proof of service: serve a copy on the opposing party (ICE or USCIS); if the opposing party participates in ECAS and the filing is electronic, you can check that separate service is not required.
Effect of filing
- Once the EOIR-27 is accepted, the representative becomes the practitioner of record for that appeal or motion, and the BIA's notices, briefing schedules and decisions are sent to the representative;
- The representative must continue until the BIA closes the case, or until the BIA approves withdrawal or substitution; withdrawal or substitution requires a request to the BIA and its approval;
- The party remains personally responsible for updating the party's own address with the BIA (EOIR-33/BIA); the attorney's address does not replace the party's address.
How it differs from similar forms
| Form | Where it is used | Scope of representation |
|---|---|---|
| EOIR-27 | Board of Immigration Appeals (BIA) | Full representation in that appeal or motion |
| EOIR-28 | Immigration court (immigration judge) | Full representation in court proceedings; can be limited to bond proceedings |
| EOIR-60 / EOIR-61 | BIA / immigration court | Assistance with a single document for a party without an attorney; the attorney does not become practitioner of record |
| G-28 | DHS (USCIS, ICE, CBP) | Representation before DHS; not accepted by the BIA |
Frequently asked questions
My attorney already filed an EOIR-28 in immigration court. Is an EOIR-27 still needed for the appeal?
Yes. The EOIR-28 is used only in immigration court; once the case is at the BIA, a separate EOIR-27 must be filed, one for each party and each appeal or motion.
For a BIA appeal of an I-130 denial, where does the EOIR-27 go?
It is filed together with the EOIR-29 at the USCIS office that made the decision, not sent directly to the BIA. Do not send the EOIR-27 to the BIA separately before the BIA has received the record.
I want to appeal on my own and only have an attorney write the grounds for appeal. Is that possible?
You can consider a "limited appearance for document assistance": the attorney files an EOIR-60 and helps only with that document, while you remain a party without an attorney and are responsible for filing and later steps yourself. This option does not apply to EOIR-29 visa petition appeals.
What if I want to change attorneys in the middle of the appeal?
The new attorney files an EOIR-27 and handles the substitution as the BIA requires; the prior attorney's withdrawal requires BIA approval. During the change, take particular care that deadlines such as the brief deadline are not affected.
Does an EOIR-27 automatically update the party's address?
No. The party's own address must be updated through the EOIR-33/BIA and reported separately to USCIS.
Official sources
- EOIR downloadable forms page (EOIR-27, EOIR-60)
- EOIR Policy Manual: appeals of visa petition denials (including filing the EOIR-27)
- EOIR Policy Manual: ECAS electronic filing
- Federal regulations: 8 CFR Part 1292 (who may represent)
Related reading
- Form EOIR-26 guide: appealing to the BIA
- Form EOIR-28 guide: attorney appearance in immigration court
- Form EOIR-29 guide: appealing a DHS officer's decision
- BIA appeals and federal court review
Preparing an appeal to the BIA, or need an attorney to take over an appeal already under way? Book an attorney assessment. We will first check the deadlines and the record, and then explain the available forms of representation.
This article is general information, not legal advice. Immigration court procedures and policies change quickly, and outcomes depend on the specific facts. If you have received an unfavorable decision or a family member has been detained, consult an attorney as soon as possible.