Immigration: Immigration Examinations Fee Account; adjustment,
[Federal Register: December 21, 2001 (Volume 66, Number 246)]
[Rules and Regulations]
[Page 65811-65816]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21de01-1]
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Rules and Regulations
Federal Register
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[[Page 65811]]
DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
INS No. 2072-00; AG Order No. 2540-2001
RIN 1115-AF61
Adjustment of Certain Fees of the Immigration Examinations Fee
Account
AGENCY: Immigration and Naturalization Service, Justice.
ACTION: Final rule.
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SUMMARY: This rule adjusts the fee schedule of the Immigration
Examinations Fee Account (IEFA) for certain immigration and
naturalization applications and petitions, as well as the fee for the
fingerprinting of applicants who apply for certain immigration and
naturalization benefits. Fees collected from persons filing these
applications and petitions are deposited into the IEFA and used to fund
the full cost of processing immigration and naturalization applications
and petitions and associated support benefits; the full cost of
providing similar benefits to asylum and refugee applicants; and the
full cost of similar benefits provided to other immigrants, as
specified in the regulation, at no charge. This rule ensures that the
fees will allow the Immigration and Naturalization Service (Service) to
process applications and petitions that it expects to receive in fiscal
year (FY) 2002 and FY 2003 and to provide funding to other programs
that receive IEFA funds.
DATES: This final rule is effective February 19, 2002. Applications or
petitions mailed, postmarked, or otherwise filed, on or after this date
require the new fee.
FOR FURTHER INFORMATION CONTACT: Paul Schlesinger, Chief, Immigration
Services Branch, Office of Budget, Immigration and Naturalization
Service, 425 I Street NW., Room 5307, Washington, DC 20536, telephone
(202) 314-3410.
SUPPLEMENTARY INFORMATION:
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Introduction
The Service published a proposed rule in the Federal Register on
August 8, 2001, at 66 FR 41456, to adjust certain fees of the IEFA. The
fee adjustments are necessary to comply with specific federal
immigration laws and the federal user fee statute and corresponding
regulations and guidance, which require federal agencies to charge a
fee for services when such services provide special benefits to
recipients that do not accrue to the public at large. The revised fees
are calculated to recover the full costs of providing these special
benefits. The proposed rule was published with a 60-day comment period,
which closed on October 9, 2001. The Service received 467 comments
pertaining to the increases to the fees of the IEFA. The final rule
implements the fee structure as outlined in the proposed rule, without
change. Any applications or petitions mailed, postmarked, or otherwise
filed, on or after February 19, 2002 will require the new fee.
Comments were received from a broad spectrum of individuals and
organizations, including 5 refugee and immigrant service organizations,
17 public policy and advocacy groups, 5 attorney organizations, 129
past and present adopting parents, and 311 concerned citizens or
prospective citizens. All of the comments were carefully considered
before preparing this final rule. The following is a discussion of
these comments and the Service's response.
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Summary of Comments
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Form I-600/600A, Petition To Classify an Orphan as an Immediate
Relative/Application for Advance Processing of Orphan Petitions
One hundred and thirty comments were received expressing
dissatisfaction with the fee increases associated with Forms I-600 and
I-600A, Petition to Classify an Orphan as an Immediate Relative, and
the Application for Advance Processing of Orphan Petition,
respectively. All 130 comments received were similar in nature. The
commenters indicated that these fees discriminated against United
States citizens who wished to adopt abandoned children living in
orphanages around the world.
For the Service, adjudication of the I-600 and I-600A ``orphan
petitions'' has been a priority. This commitment is established in the
regulations at 8 CFR 204.3(a)(2). Specifically, orphan petitions are
filed at District Offices and adjudicated by senior District
Adjudication Officers. This is due to both the complexity of the
international adoption process in general and the process of
adjudication required by law and regulation. In addition, because of
the sensitivity of international adoptions, handling these cases in
District Offices by experienced officers allows for personalized
customer service.
The Service may be in constant contact with the petitioner
throughout the process of a U.S. citizen's effort to adopt a child from
abroad. The earliest contact may be a request for information and
forms, followed by the filing of the I-600A and the home study. The
adjudication of the I-600A petition requires knowledge of state law
requirements regarding adoptions, including pre-adoption requirements
in certain states, such as counseling. Each petition must be
accompanied by a home study, for which there are state requirements as
well as federal requirements. Since there is no single national
standard, it makes sense to handle these in District Offices that are
better able to stay on top of ever-changing state requirements and
establish effective local liaisons.
The home study process is complex and often the adjudicator needs
to request that additional information be provided in the home study.
When the child to be adopted is identified, further information and
contact may ensue. Documentation is usually added to the petition as
the adoption process progresses. It is not unusual for a case to be
with the Service for many months, demanding an intense and protracted
level of customer service. There is a great deal of communication in
person, telephonically, and in writing, between the Service, adoption
agencies, social workers, prospective adoptive parents, and, often,
congressional offices on these cases.
The home study review makes this petition particularly labor-
intensive.
[[Page 65812]]
The adjudicator is tasked with the careful review of the home study,
perhaps 10-20 pages long, addressing a number of issues including, any
history of abuse and history of arrests. This information is carefully
compared against Federal Bureau of Investigation (FBI) fingerprint
checks. If necessary, the officer must request and review the arrest
dispositions of petitioners with criminal records. When there are
discrepancies, the home study must be revised or supplemented to
include the new information and consider the impact it has on the
placement.
The I-600 petition establishes eligibility of a child as an orphan.
Adjudication of these petitions requires the Service to determine if
the child meets the regulatory definition of an orphan. Accordingly,
the adjudicator must develop and maintain a level of expertise in the
laws and processes governing adoption in countries from which children
are adopted. This assessment may require working with the Department of
State or Service offices to verify the validity of documents and
interpretation of laws regarding international adoptions in countries
other than the United States.
Finally, the I-600 adjudication also includes an I-604
investigation. The I-604, Request for and Report on Overseas Orphan
Investigation, is used to document the investigations that must be
completed in every orphan case before the I-600 can be approved. This
includes: the child's birth name, and date/place of birth; where the
child lives, and if the child lives at an orphanage or with someone
other than the biological parent(s), how and why that placement
occurred; the child's physical and mental condition, and information
about any known physical or mental illnesses (e.g. is the child a
special needs child); if the child has siblings and, if so, if the
child lives with the brothers or sisters; information concerning the
child's biological parents and the determination that the child is an
orphan because he/she has a ``remaining parent'', ``sole parent'' or
``surviving parent'' (as defined in the regulations); and any other
pertinent facts that the investigation uncovers. The purpose of the
investigation is to verify that the child is an orphan, address
specific concerns articulated by the adjudicating officer or consular
officer that can only be resolved by an investigation, and resolve
significant differences between the facts presented in the advanced
processing application (Form I-600A or an I-600 approved by an INS
office in the United States). The investigation is conducted at the
overseas visa-issuing post by INS, or by the Department of State if
there is no INS office at that U.S. Embassy or Consulate. An I-604
investigation often entails travel to a remote location to establish
whether or not a child is actually an orphan. In many countries, a
field investigation may require 2 or 3 days away from the office. Not
every case requires a field investigation, however, a certain
percentage of cases must have one, if only as an auditing tool.
Since the Service relies on fees to recover the full cost of
processing immigration and naturalization benefits, the increase in
fees for the I-600 and I-600A to $460 is necessary to recover the full
costs associated with processing orphan petitions. Accordingly, the
Service will charge a fee of $460 for processing Forms I-600 and I-
600A.
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How Will INS Improve Service?
One hundred and twenty-three comments were received opposing the
increase in the fees given the current level of services provided by
the Service. Many people noted the lengthy waiting times to process
their benefit applications as well as the need to improve overall
customer service.
Although the Service has made significant progress in improving
productivity in the areas of naturalization and adjustment of status
applications over the last few years, the Service continues to work
toward improving efficiencies in all aspects of its service. At his
confirmation hearing before the Senate Judiciary Committee,
Commissioner James W. Ziglar clearly stated his commitment to improving
customer service:
If I am confirmed for this position, my primary goal will be to
insure that every person who comes into contact with the Immigration
and Naturalization Service (INS), regardless of their citizenship,
the circumstances of their birth or any other distinguishing
characteristic, and regardless of the circumstances under which they
find themselves within the ambit of the INS, will be treated with
respect and dignity, and without any hint of bias or discrimination.
The first impression is a lasting impression and we have only one
opportunity to make a first impression--the first impression of
America should be that of a compassionate, caring, and open nation
of opportunity.
The Service is committed to building and maintaining an immigration
services system that provides immigration information and benefits in a
timely, accurate, consistent, courteous, and professional manner. To
support this commitment, the Service has developed a plan to eliminate
backlogs and obtain a 6-month processing time standard for all
applications and petitions. The plan outlines an aggressive 5-year
strategy to reduce the backlogs. By the end of FY 2003, the Service
expects to reach a national average processing time of 6 months or less
for all applications and petitions. By the end of FY 2004, the Service
intends to reduce the processing times to 6 months or less at every
Service office. The Service will use the remaining 2 years to continue
improving the infrastructure to ensure that backlogs do not recur in
the future. The Service is committed to improve the current information
technology and business processes to eliminate all backlogs.
To achieve these results, the Service will: (1) Set backlog
reduction milestones by application for every office, (2) assign
staffing resources to offices based on a comprehensive workload
analysis, (3) monitor office accomplishments of the backlog reduction
milestones, and (4) establish performance incentives for individual
offices to meet and exceed the backlog reduction milestones.
The Service is applying a $5 surcharge to each application and
petition to recover information technology and quality assurance costs
associated with application processing. These costs were not included
previously. The Service believes that this approach will ensure the
resources necessary to support streamlined business processes,
including on-line filing and case status inquiry via telephone or on-
line; and expand quality assurance efforts to ensure the accurate and
consistent adjudication of benefits.
It is also important to note that restructuring of the Service will
result in improved services by clearly separating its conflicting
missions of service and enforcement, clarifying its priorities, and
ensuring adequate resources to carry out its mission.
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Why INS Believes the Fee Increases Are Reasonable
One hundred and forty-nine comments stated that the fee increase
was either too high or too burdensome on those applying for immigration
and naturalization benefits. Many commenters noted that the Service
only recently increased the majority of fees.
The Service is increasing fees by an average of $20 per
application/petition, or 17 percent. The current fees, which were most
recently increased in 1998, were based on a fee review that began in
1996 and was completed in 1997. Those fee levels reflected costs in
1997.
Other than the $5 per application surcharge for quality assurance
and information technology, the fee
[[Page 65813]]
schedule is based solely on the recovery of costs for general cost-of-
living increases since 1997, not from the period in which the fees were
implemented. Bearing this in mind, the increase in fees on an annual
basis equates to a less than 4 percent average increase. In this
context, the Service believes the fee increases are reasonable.
With regard to the fingerprint fee, this is the first time the fee
was ever reviewed for the purpose of full cost recovery. As stated in
the proposed rule, Congress directed the Service to implement changes
to its fingerprint process in a short timeframe. To the extent that the
revised fee may be viewed by some as a significant increase over the
current fee, such an increase is both necessary and justified in an
effort to recover the full cost of providing the service in accordance
with applicable fee setting laws, regulations, and guidance.
The Service does have the ability to waive fees on a case-by-case
basis. Any applicant or petitioner who has an inability to pay the fees
may request a fee waiver from either a District or Service Center
Director depending on where the petition/application is to be filed.
Service regulations at 8 CFR 103.7(c) concerning the granting of fee
waivers is posted on the Service Web site at www.ins.usdoj.gov.
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Why INS Is Raising the Fees Instead of Seeking Additional Sources of
Funding
Thirty-eight of the commenters encouraged the Service to seek
additional sources of funding from Congress instead of relying solely
on fees. From FY 1989 to FY 1998, the fees collected and deposited into
the IEFA have been the sole source of funding for immigration and
naturalization benefits. In creating the IEFA, Congress intended that
the activities supported by this account be self-sustaining, and not be
funded by tax dollars (P.L. 100-459). The Service has been managing
this account consistent with federal law and congressional direction.
In the past, however, fees did not recover the full costs of processing
applications and petitions. In an effort to eliminate the backlog this
created, Congress provided additional appropriated resources. With this
support, the Service dramatically improved productivity for
naturalization and adjustment of status benefit applications.
The President included $100 million in the FY 2002 budget request
as the first installment of a multi-year effort to support elimination
of backlogs and overall improvements in service. The funding sources
for the $100 million installment are $20 million from the Premium
Processing fee and $80 million in appropriations. In contrast to the
new fees that will recover the full costs of processing newly filed
immigration benefit applications, the $100 million budget request will
provide funding for reduction and elimination of the current backlog of
immigration benefit applications. The Service will use this
supplemental funding for the backlog elimination plan primarily to
finance the costs of term staffing increases. Without this additional
staff, the Service cannot process enough immigration benefit
applications to meet the processing time goals and backlog reduction
milestones. The Service will also use this supplemental funding to
recover the costs to develop a performance incentives program for all
Service offices.
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How Will INS Provide Consistent Service?
Five of the commenters opposed increasing fees when service varies
so greatly from office to office. The Service recognizes the need for a
consistent level of service among offices. As previously stated, the
Service's backlog elimination plan includes a two-step effort to
achieve processing time goals for all immigration benefit applications.
In the first step, the Service will reduce national average processing
times to 6 months or less by the end of FY 2003. In the second step,
the Service will achieve the processing time goals of 6 months or less
in every Service office by the end of FY 2004. This fee schedule will
begin to bring consistency of processing at all field offices, as well
as ensure that backlogs do not recur in the future.
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Why INS Believes the Fee Methodology Captures Full Costs
Two of the commenters objected to the methodology used to calculate
the proposed fees. Some of the commenters felt that the activity-based
costing methodology calculated fees based upon inefficient practices.
The fee review adhered to the guidance contained in the Office of
Management and Budget (OMB) Circular A-25, User Charges, which requires
that user charges imposed recover the full cost to the Government for
providing a special benefit. In addition, the Federal Accounting
Standards Advisory Board (FASAB) provides additional guidance on the
meaning of full-cost recovery. In FASAB Statement No. 4, full cost is
defined as:
The total amount of resources used to produce the output. This
includes direct and indirect costs that contribute to the output
regardless of funding sources. It also includes costs of supporting
services provided by other responsibility segments or entities.
The fees reflect the full cost of processing immigration and
naturalization benefits. The review was conducted consistent with the
requirements of subsection 205(a)(8) of the Chief Financial Officers
Act of 1990, Pub. L. 101-576, 104 Stat. 2838 (1990) (31 U.S.C.
902(a)(8)), which requires a biennial review of user fees to ensure
that full costs are being recovered.
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Why Do the Fees Pay for Unrelated Expenses?
Two of the commenters opposed the use of the applicant fees to pay
for expenses that they perceived to be for unrelated services, such as
the running of the asylum, refugee, parole, and the Cuban-Haitian
Entrant programs. In the Departments of Commerce, Justice, and State,
the Judiciary, and Related Agencies Appropriations Act, 1991, Pub. L.
101-515, 104 Stat. 2101 (1990), Congress authorized the Service to
provide certain immigration and naturalization services at no cost to
the applicants. Subsection 210(d)(2) of Public Law 101-515 states that
``fees for providing adjudication and naturalization services may be
set at a level that will ensure recovery of the full costs of providing
all such services, including the costs of similar services provided
without charge to asylum applicants or other immigrants. Such fees may
also be set at a level that will recover any additional costs
associated with the administration of the fees collected.'' (8 U.S.C.
1356(m)). As a result of this legislation, Congress no longer provided
the Service with an appropriation to cover the costs of asylum and
refugee services, and directed the Service to fund these costs with
revenue from the IEFA.
In FY 1996, Congress also authorized the Service to pay for the
cost of the Cuban-Haitian Entrant Resettlement Program from the IEFA.
See H.R. Conf. Rep. No. 104-378, at 83 (1995). In FY 1997, Congress
transferred the cost of other asylum and refugee services that had been
paid from the Violent Crime Trust Fund to the IEFA. See Pub. L. 104-
208, 110 Stat. 3009 (1996). Through explicit legislative language and
subsequent appropriation action, Congress has signaled its desire that
certain asylum and refugee services should be provided at no charge to
the recipient. The revenue to pay for these costs must be recovered
from the fees charged to other applicants for immigration and
naturalization benefits. All expenses being included for cost
[[Page 65814]]
recovery are consistent with federal law and federal accounting
standards.
Many of these commenters also opposed the Service paying for costs
that are unusual or atypical when compared to the usual costs in a
normal processing year. They claimed that the type of organizational
activities that the Service is currently engaged in, such as
infrastructure building, should not be funded by current applications
and must not be included in the fee calculation. Proper accounting
treatment requires inclusion of unusual or atypical costs, such as
improvement of automation activities or upgrading of records
management. These types of costs were assigned a useful life, and the
cost of these projects amortized or depreciated over the assigned
useful life. Therefore, a portion of the unusual or atypical cost has
been included in the fee calculation framework for the current year and
treated like any other cost based on the useful life assigned to that
asset.
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Fee Increases Are Necessary
Seventeen comments were received in favor of the fee increases.
Commenters noted several reasons for this:
(1) Current fees are too low given the benefit received;
(2) taxpayers should not pay for the increasing costs of providing
immigration and naturalization benefits; (3) fee increases are
justified given the increasing demand for immigration and
naturalization benefits over the last several years; and (4) fee
increases are necessary in order to increase the current level of
services.
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Separate Versus Blended Fee Schedule
In the proposed rule, the Service requested comments on whether it
should set separate fee schedules for FY 2002 and FY 2003 versus the
proposed single, blended schedule effective for both years. The Service
also noted that commenters might want to consider whether changing fee
schedules would unduly confuse applicants and petitioners.
The Service received one comment on this subject. The commenter was
in favor of a separate year fee schedule. The commenter noted that a
separate, single year fee schedule will allow applicants to follow fee
increases in relation to yearly inflation figures, making it easier to
understand why fees increased more in one year versus another. The
Service respectfully disagrees. Upon consideration of the issue, the
Service has decided that changing fees every year will create
unnecessary confusion with applicants and practitioners. Therefore, the
Service will proceed with the single, blended fee schedule.
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Review of the Fee for LIFE Act Adjustment of Status Applications (I-
485)
In the proposed rule, the Service questioned whether it should
change the established $330 fee for filing legalization applications
under section 1104 of the Legal Immigration Family Equity Act, Pub. L.
106-553, 114 Stat. 2762 (2000) (LIFE Act). In establishing the fee, on
an interim final basis on June 1, 2001, the Service first identified
the adjustment of status application (Form I-485) process as most
similar to the new legalization application process. 66 FR 29661, 29667
(June 1, 2001). The Service then referred to the 1999 fee review, which
identified an estimated full cost of the Form I-485 to be $330. Id. at
29,668.
The Service questioned the methodology and limited nature of the
1999 fee review and proposed that the Form I-485 fee be $255. Id. The
Service then said it would review the $330 fee established for filing
legalization applications. Id.
Although no comments were received on this subject, the Service has
reviewed the Form I-485 fee for legalization applications and has
deemed it fair and reasonable to reduce the fee from $330 to $255, and
refund the difference to those who have already paid the $330 fee. The
Service will undertake a separate rulemaking to notify the public of
the timing for this action.
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Fee Adjustments
The fee adjustments, as adopted in this rule, are shown as follows:
Immigration Examinations Fee Account/Fee Schedule
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Form No. Description Fee
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I-17.......................... Petition for Approval of $230
School for Attendance
by Non-Immigrant
Students.
I-90.......................... Application to Replace 130
Alien Registration Card.
I-102......................... Application for 100
Replacement/Initial
Nonimmigrant Arrival/
Departure Document.
I-129......................... Petitions for 130
Nonimmigrant Worker.
I-129F........................ Petition to Classify 110
Nonimmigrant as Fiance.
I-130......................... Petition to Classify 130
Status of Alien
Relative for Issuance
of Immigrant Visa.
I-131......................... Application for Travel 110
Document.
I-140......................... Immigrant Petition for 135
Alien Worker.
I-191......................... Application for Advance 195
Permission to Return to
Unrelinquished Domicile.
I-192......................... Application for Advance 195
Permission to Enter as
a Nonimmigrant.
I-193......................... Application for Waiver 195
of Passport and/or Visa.
I-212......................... Application to Reapply 195
for Admission into the
U.S. After Deportation.
I-360......................... Petition for Amerasian, 130
Widow(er), or Special
Immigrant.
I-485......................... Application to Register 255
Permanent Residence or
Adjust Status.
I-506......................... Application for Change 85
of Nonimmigrant
Classification.
I-526......................... Immigrant Petition by 400
Alien Entrepreneur.
I-539......................... Application to Extend/ 140
Change Nonimmigrant
Status.
I-600/600A.................... Petition to Classify 460
Orphan as an Immediate
Relative/Application
for Advance Processing
of Orphan Petition.
I-601......................... Application for Waiver 195
on Grounds of
Excludability.
I-612......................... Application for Waiver 195
of the Foreign
Residence Requirement.
I-751......................... Petition to Remove the 145
Conditions on Residence.
I-765......................... Application for 120
Employment
Authorization.
I-817......................... Application for 140
Voluntary Departure
under the Family Unity
Program.
I-824......................... Application for Action 140
on an Approved
Application.
I-829......................... Petition by Entrepreneur 395
to Remove Conditions.
N-300......................... Application to File 60
Declaration of
Intention.
N-336......................... Request for Hearing on a 195
Decision in
Naturalization
Procedures.
[[Page 65815]]
N-400......................... Application for 260
Naturalization.
N-470......................... Application to Preserve 95
Residence for.
N-565......................... Application for 155
Replacement of
Naturalization/
Citizenship Document.
N-600......................... Application for 185
Certification of
Citizenship.
N-643......................... Application for 145
Certification of
Citizenship in Behalf
of an Adopted Child.
For Fingerprinting by 50
the Service.
------------------------------------------------------------------------
Regulatory Flexibility Act
The Attorney General, in accordance with 5 U.S.C. 605(b), has
reviewed this regulation and by approving it has determined that this
rule will not have a significant economic impact on a substantial
number of small entities.
The majority of applications and petitions are submitted by
individuals and not small entities as that term is defined in 5 U.S.C.
601(6). The Service acknowledges, however, that a number of small
entities, particularly those filing business-related applications and
petitions, such as Forms I-140, Immigrant Petition for Alien Worker; I-
526, Immigrant Petition by Alien Entrepreneur; and I-829, Petition by
Entrepreneur to Remove Conditions may be affected by this rule. For FY
2001, the Service projects approximately 130,000 Forms I-140, 400 Forms
I-526, and 400 Forms I-829 will be filed. However, this volume
represents petitions filed by a variety of businesses, ranging from
large multi-national corporations to small domestic businesses. The
Service does not collect data on the size of the businesses filing
petitions, and therefore does not know the number of small businesses
that may be affected by this rule. Even if all of the employers
applying for benefits met the definition of small businesses, the
resulting degree of economic impact would not require a Regulatory
Flexibility Analysis to be performed.
Unfunded Mandates Reform Act of 1995
This rule will not impose a mandate of enforceable duty on State,
local, and tribal governments in the aggregate, or on the private
sector, and it will not significantly or uniquely affect small
governments. Accordingly, no further actions are necessary under the
provisions of the Unfunded Mandates Reform Act of 1995.
Small Business Regulatory Enforcement Fairness Act of 1996
This rule is a major rule as defined by the Small Business
Regulatory Enforcement Act of 1996, Public Law 104-121, 110 Stat. 847
(1996). Based on the data included in the proposed rule, this rule will
result in an annual effect on the economy of $169 million, in order to
generate the revenue necessary to fund the increased expenses of
processing the Service's immigration and naturalization applications
and petitions. The increased fees will be paid by persons who file
applications or petitions to obtain immigration benefits.
Executive Order 12866
This rule is considered by the Department of Justice to be an
economically ``significant regulatory action'' under section 3(f) of
Executive Order 12866, Regulatory Planning and Review, because it will
have an annual effect on the economy of over $100 million. Without the
fee adjustments, the Service estimates that it will collect
approximately $815 million in fees for immigration and naturalization
benefits in FY 2002. If the fee adjustments become effective on January
1, 2002, the Service anticipates collecting approximately $942 million
in FY 2002--$127 million in additional revenue.
The projected increase in revenues may overstate the actual receipt
of applications and petitions since fewer applications and petitions
may be filed due to the implementation of the higher fees. The decrease
in volume due to the higher fees has a real economic effect in that
there may be fewer people applying for and receiving benefits paid for
by the Service's user fees.
This increase in revenue will be used to fund the processing of
immigration and naturalization applications and petitions. The revenue
increase is based on the Service's costs and workload volumes. The
volume of applications and petitions filed is projected based on a
regression analysis of a 5-year history of actual applications and
petitions received by the Service. The regression analysis is adjusted
for any anticipated or actual changes in laws, policies, or procedures
that may affect future filing patterns. The proposed fees will be paid
by an estimated 6.6 million individuals and businesses filing
immigration and naturalization applications and petitions. Accordingly,
this regulation has been reviewed by the Office of Management and
Budget (OMB).
Executive Order 13132
This rule will not have substantial direct effects on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government. Therefore, in accordance with section 6 of
Executive Order 13132, the Department has determined that this rule
does not have sufficient federalism implications to warrant the
preparation of a federalism summary impact statement.
Executive Order 12988
This rule meets the applicable standards set forth in sections 3(a)
and 3(b)(2) of Executive Order 12988.
Paperwork Reduction Act
Under the Paperwork Reduction Act of 1995, Public Law 104-13, 109
Stat. 163 (1995), all Departments are required to submit to OMB, for
review and approval, any reporting or recordkeeping requirements
inherent in a final rule. This rule does not impose any new reporting
or recordkeeping requirements under the Paperwork Reduction Act.
However, it should be noted that the Service solicited public
comments on the change of fees in the proposed rule which was published
in the Federal Register on August 8, 2001. It should also be noted that
the changes to the fees will require changes to the application/
petition forms to reflect the new fees. As a result of the changes to
the forms, the Service will be submitting the forms to OMB for its
approval.
List of Subjects in 8 CFR Part 103
Administrative practice and procedure, Authority delegations
(Government agencies), Freedom of Information, Privacy, Reporting and
recordkeeping requirements, Surety bonds.
Accordingly, part 103 of chapter I of title 8 of the Code of
Federal Regulations is amended as follows:
[[Page 65816]]
PART 103--POWERS AND DUTIES OF SERVICE OFFICERS; AVAILABILITY OF
SERVICE RECORDS
1. The authority citation for part 103 continues to read as
follows:
Authority: 5 U.S.C. 552, 552(a); 8 U.S.C. 1101, 1103, 1304,
1356; 31 U.S.C. 9701; E.O. 12356, 47 FR 14874, 15557; 3 CFR, 1982
Comp., p. 166; 8 CFR part 2.
2. In Sec. 103.7, paragraph (b)(1) is amended by revising the entry
``For fingerprinting by the Service'' and by revising the entries for
the following forms. The revisions read as follows:
Sec. 103.7 Fees.
* * * * *
(b) * * *
(1) * * *
* * * * *
For fingerprinting by the Service. A service fee of $50 will be
charged by the Service for any individual who is required to be
fingerprinted in connection with an application or petition for
certain immigration and naturalization benefits (other than asylum),
and whose residence is in the United States as defined in section
101(a)(38) of the Act.
* * * * *
Form I-17. For filing an application for school approval, except
in the case of a school or school system owned or operated as a
public educational institution or system by the United States or a
state or political subdivision thereof--$230.00.
* * * * *
Form I-90. For filing an application for a Permanent Resident
Card (Form I-551) in lieu of an obsolete card or in lieu of one
lost, mutilated, or destroyed, or for a change in name--$130.00.
* * * * *
Form I-102. For filing a petition for an application (Form I-
102) for Arrival/Departure Record (Form I-94) or Crewman's Landing
(Form I-95), in lieu of one lost, mutilated, or destroyed--$100.00.
Form I-129. For filing a petition for a nonimmigrant worker, a
base fee of $130. For filing an H-1B petition, a base fee of $130
plus an additional $1,000 fee in a single remittance of $1,130. The
remittance may be in the form of one or two checks (one in the
amount of $1,000 and the other in the amount of $130). Payment of
this additional $1,000 fee is not waivable under Sec. 103.7(c)(1).
Payment of this additional $1,000 fee is not required if an
organization is exempt under Sec. 214.2(h)(19)(iii) of this chapter,
and this additional $1,000 fee also does not apply to certain
filings by any employer as provided in Sec. 214.2(h)(19)(v) of this
chapter.
Form I-129F. For filing a petition to classify nonimmigrant as
fiancee or fiance under section 214(d) of the Act--$110.00.
Form I-130. For filing a petition to classify status of alien
relative for issuance of immigrant visa under section 204(a) of the
Act--$130.00.
Form I-131. For filing an application for travel documents--
$110.00.
Form I-140. For filing a petition to classify preference status
of an alien on the basis of profession or occupation under section
204(a) of the Act--$135.00.
* * * * *
Form I-191. For filing applications for discretionary relief
under section 212(c) of the Act--$195.00.
Form I-192. For filing an application for discretionary relief
under section 212(d)(3) of the Act, except in an emergency case, or
where the approval of the application is in the interest of the
United States Government--$195.00.
Form I-193. For filing an application for waiver of passport
and/or visa--$195.00.
Form I-212. For filing an application for permission to reapply
for an excluded, deported or removed alien, an alien who has fallen
into distress, an alien who has been removed as an alien enemy, or
an alien who has been removed at Government expense in lieu of
deportation--$195.00.
* * * * *
Form I-360. For filing a petition for an Amerasian, Widow(er),
or Special Immigrant--$130.00, except there is no fee for a petition
seeking classification as an Amerasian.
Form I-485. For filing an application for permanent resident
status or creation of a record of lawful permanent residence--
$255.00 for an applicant 14 years of age or older; $160.00 for an
applicant under the age of 14 years; no fee for an applicant filing
as a refugee under section 209(a) of the Act.
* * * * *
Form I-506. For filing an application for change of nonimmigrant
classification under section 248 of the Act--$85.00.
Form I-526. For filing a petition for an alien entrepreneur--
$400.00.
* * * * *
Form I-539. For filing an application to extend or change
nonimmigrant status--$140.00.
* * * * *
Form I-600. For filing a petition to classify orphan as an
immediate relative for issuance of immigrant visa under section
204(a) of the Act. (When more than one petition is submitted by the
same petitioner on behalf of orphans who are brothers or sisters,
only one fee will be required.)--$460.00.
Form I-600A. For filing an application for advance processing of
orphan petition. (When more than one petition is submitted by the
same petitioner on behalf of orphans who are brothers or sisters,
only one fee will be required.)--$460.00.
Form I-601. For filing an application for waiver of ground of
inadmissibility under section 212(h) or (i) of the Act. (Only a
single application and fee shall be required when the alien is
applying simultaneously for a waiver under both those
subsections.)--$195.00.
Form I-612. For filing an application for waiver of the foreign-
residence requirement under section 212(e) of the Act--$195.00.
* * * * *
Form I-751. For filing a petition to remove the conditions on
residence, based on marriage--$145.00.
Form I-765. For filing an application for employment
authorization pursuant to 8 CFR 274a.13--$120.00.
* * * * *
Form I-817. For filing an application for voluntary departure
under the Family Unity Program--$140.00.
* * * * *
Form I-824. For filing for action on an approved application or
petition--$140.00.
Form I-829. For filing a petition by entrepreneur to remove
conditions--$395.00.
* * * * *
Form N-300. For filing an application for declaration of
intention--$60.00.
Form N-336. For filing a request for hearing on a decision in
naturalization proceedings under section 366 of the Act--$195.00.
Form N-400. For filing an application for naturalization--
$260.00.
* * * * *
Form N-470. For filing an application for section 316(b) or 317
of the Act benefits--$95.00.
Form N-565. For filing an application for a certificate of
naturalization or declaration of intention in lieu of a certificate
or declaration alleged to have been lost, mutilated, or destroyed;
for a certificate of citizenship in a changed name under section
343(c) of the Act; or for a special certificate of naturalization to
obtain recognition as a citizen of the United States by a foreign
state under section 343(b) of the Act--$155.00.
Form N-600. For filing an application for a certificate of
citizenship under section 309(c) or section 341 of the Act--$185.00.
Form N-643. For filing an application for a certificate of
citizenship on behalf of an adopted child--$145.00.
* * * * *
Dated: December 17, 2001.
John Ashcroft,
Attorney General.
[FR Doc. 01-31452 Filed 12-18-01; 12:09 pm]
BILLING CODE 4410-10-P
