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USCIS Publishes Proposed Fee Schedule Increases
February 3, 2004
[Federal Register: February 3, 2004
(Volume 69, Number 22)]
[Proposed Rules]
[Page 5088-5093]
From the Federal Register Online via GPO Access
[wais.access.gpo.gov]
[DOCID:fr03fe04-24]
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Proposed Rules
Federal Register
____________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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[[Page 5088]]
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DEPARTMENT OF HOMELAND SECURITY
Bureau of Citizenship and Immigration Services
8 CFR Part 103
[CIS No. 2233-02]
RIN 1615-AA84
Adjustment of the Immigration Benefit Application Fee Schedule
AGENCY: Bureau of Citizenship and Immigration Services, Department of
Homeland Security.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: This rule proposes to adjust the fee schedule of the
Immigration Examinations Fee Account (IEFA) for immigration benefit
applications and petitions, as well as the fee for capturing biometric
information of applicants/petitioners who apply for certain immigration
benefit applications and petitions. Fees collected from persons filing
immigration benefit applications are deposited into the IEFA and used
to fund the full cost of providing immigration 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 proposes to adjust
the immigration benefit application fees by approximately $55 per
application, and increases the biometric fee by $20, in order to ensure
sufficient funding to process incoming applications.
DATES: Written comments must be submitted on or before March 4, 2004.
ADDRESSES: Please submit written comments to the Director, Regulations
and Forms Services Division, Bureau of Citizenship and Immigration
Services (BCIS), Department of Homeland Security, 425 I Street NW.,
Room 4034, Washington, DC 20536. To ensure proper handling, please
reference CIS No. 2233-02 on your correspondence. You may also submit
comments electronically at rfs.regs@dhs.gov. When submitting comments
electronically, you must include CIS No. 2233-02 in the subject box so
that your comments can be properly routed to the appropriate office.
Comments and other docketed materials (including additional information
regarding the rate-setting process) are available for public inspection
at the above address by calling (202) 514-3206 to arrange for an
appointment.
FOR FURTHER INFORMATION CONTACT: Paul L. Schlesinger, Acting Budget
Director, Office of Budget, U.S. Citizenship and Immigration Services,
425 I Street NW., Room 5307, Washington, DC 20536, telephone (202) 514-
3206.
SUPPLEMENTARY INFORMATION:
What Legal Authority Does BCIS Have To Charge Fees?
Section 286(m) of the Immigration and Nationality Act (INA)
provides for the collection of fees at a level that will ensure
recovery of the full costs of providing adjudication and naturalization
services, including the costs of providing similar services without
charge to asylum applicants and other immigrants. [8 U.S.C. 1356(m).]
The INA further states that the fees may recover administrative costs
as well. This revenue remains available to provide immigration and
naturalization benefits and the collection, safeguarding, and
accounting for fees. [8 U.S.C. 1356(n).]
The BCIS must also conform to the requirements of the Chief
Financial Officers Act of 1990 (CFO Act), Public Law No. 101-576, 104
Stat. 2838 (1990). Section 205(a)(8) of the CFO Act requires each
agency's Chief Financial Officer to ``review, on a biennial basis, the
fees, royalties, rents, and other charges imposed by the agency for
services and things of value it provides, and make recommendations on
revising those charges to reflect costs incurred by it in providing
those services and things of value.'' Id., 104 Stat. at 2844, 31 U.S.C.
902(a)(8).
What Federal Cost Accounting and Fee Setting Standards and Guidelines
Were Used in Developing These Fee Changes?
The authority provided by section 286(m) of the INA permits BCIS to
recover the full costs of providing all immigration adjudication and
naturalization services, including those services provided to
individuals other than those paying fees. When developing fees for
services, the BCIS also looks, to the extent applicable, to the cost
accounting concepts and standards recommended by the Federal Accounting
Standards Advisory Board (FASAB). The FASAB was established in 1990,
and its purpose is to recommend accounting standards for the Federal
Government. The FASAB defines ``full cost'' to include ``direct and
indirect costs that contribute to the output, regardless of funding
sources.'' Federal Accounting Standards Advisory Board, Statement of
Financial Accounting Standards No. 4: Managerial Cost Accounting
Concepts and Standards for the Federal Government 36 (July 31, 1995).
To obtain full cost, FASAB identifies various classifications of costs
to be included, and recommends various methods of cost assignment. Id.
at 36-42. Full costs include, but are not limited to, an appropriate
share of:
(a) Direct and indirect personnel costs, including salaries and
fringe benefits such as medical insurance and retirement;
(b) Physical overhead, consulting, and other indirect costs,
including material and supply costs, utilities, insurance, travel and
rents or imputed rents on land, buildings, and equipment; and,
(c) Management and supervisory costs.
Full costs are determined based upon the best available records of
the agency.
How Is the Processing of Immigration Benefit Applications Funded and
Supported?
In 1988, Congress established the IEFA. See Public Law No. 100-459,
sec. 209, 102 Stat. at 2203. Since 1989, fees deposited into the IEFA
have been the primary source of funding for providing immigration and
naturalization benefits, and other benefits as directed by Congress. In
subsequent legislation, Congress directed use of IEFA revenue to fund
the cost of asylum processing and other services provided to immigrants
at no charge. See Public Law No. 101-515, sec. 210(d)(2), 104 Stat. at
2121. Consequently, the immigration benefit application fees were
increased to recover these additional costs.
The current immigration benefit application fees are based on the
review conducted in 1997 adjusted for cost of living increases (most
recently on
[[Page 5089]]
February 19, 2002) (66 FR 65811). The current fees also include a $5
per immigration benefit application surcharge to recover information
technology and quality assurance costs. This surcharge allows BCIS to
improve upon the delivery of services to its customers such as offering
electronic filing for certain immigration benefit applications.
With reference to the biometric fee, the Department of Justice
Appropriations Act, 1998, Public Law No. 105-119, 111 Stat. 2440, 2448
(1997), authorized the collection of a fee for fingerprinting
applicants for certain immigration benefits. Id. The fees are deposited
into the IEFA established by 8 U.S.C. 1356(m)-(p). The current fee is
$50.
How Are the Application Fees Changing in This Rule?
A. National Security Enhancements
In processing immigration benefit applications, BCIS is making
national security a high priority. Since July 2002, BCIS has added
security checks to the processing of all immigration benefit
applications to help ensure that those who receive immigration benefits
have come to join the people of the United States in building a better
society and not to do harm.
The process of performing security checks has been designed to
compare information on applicants, petitioners, beneficiaries,
derivatives and household members who apply for an immigration benefit
on a BCIS immigration benefit application against various Federal
lookout systems.
The purpose of conducting security checks is to help law
enforcement agencies identify risks to the community and/or to national
security and to prevent ineligible individuals from obtaining
immigration benefits. BCIS performs two routine checks; one when the
application is initially received, and one at the time of adjudication.
This change in the manner in which BCIS processes immigration
benefit applications has increased processing costs because the costs
of performing these checks were not factored into the initial fee
schedule. As a result, existing resources have been diverted in order
to perform the additional security checks until the fees could be
adjusted to cover these costs.
To determine the impact on resources of the additional security
checks, BCIS developed a methodology to identify the additional time or
``level of effort'' needed to perform the additional security checks by
an adjudicator, since time is a key factor in determining immigration
benefit application fees.
In identifying the average time for the additional security checks,
BCIS employed a time and motion study through on-site visits to various
field offices. To collect a representative sample, BCIS reviewed
adjudications at small, medium, and large-sized field offices. To
ensure the integrity of the process, BCIS personnel interviewed those
who performed the security checks on various immigration benefit
applications, validated the times through random observations, and
revalidated those times with BCIS personnel.
BCIS calculated the total time requirements using average check
times, average number of checks per application, as well as application
volumes (using number of applications received for the initial check
and number of applications completed for the adjudications check). The
total time was then converted into the total cost of performing the
additional security checks.
The analysis revealed an annual cost of about $140 million to
recover the costs of security enhancements. This equates to a $21 per
application charge.
B. Program Enhancements and New Activities
The rule proposes adjusting the fees to cover an annual cost of
about $46 million to support other program enhancements and new
activities. This equates to a $7 per application charge. A description
of these activities follow.
Improving Refugee Processing. Currently, the BCIS Office of Refugee
Affairs (ORA) has neither the workforce nor the management structure
needed to meet the processing challenges facing BCIS overseas,
particularly in the wake of the September 11, 2001 terrorist attacks
and the resulting security mandates. ORA relies on temporary duty
personnel borrowed from other BCIS programs, in particular the Asylum
Program, to meet virtually all its processing responsibilities. When
refugee processing was largely confined to well-defined caseloads at
limited and easily accessible locations, small numbers of temporary
duty personnel were usually able to generate enough refugee approvals
to meet refugee admissions goals. However, as the U.S. Refugee Program
(USRP) continues to focus on more diverse, at-risk populations and to
attempt to increase the responsiveness of the USRP to these
populations, it is increasingly difficult for it to meet its
responsibilities with the limited flexibility and resources that can be
provided by other programs with equally critical missions. Therefore,
BCIS plans to establish a refugee corps with dedicated staff focused on
this population.
This new structural and functional arrangement will greatly improve
the quality of refugee adjudications and oversight, provide cost-
effective immigration services, and significantly improve the nation's
ability to secure our borders without compromising humanitarian
objectives.
Providing Naturalization Services for Military Personnel. On
November 24, 2003, the President signed the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108-136). Title XVII
of this Act, among other things, removes the fees for individuals
eligible for expedited naturalization through military service under
sections 328 and 329 of the INA, 8 U.S.C. 1439 and 1440, effective
October 1, 2004. The Congressional Budget Office (CBO) estimates two-
thirds (over 30,000) of the eligible persons would apply for
naturalization, including an additional twenty-five positions to
provide naturalization services to military personnel in overseas
locations, as also authorized by Title XVII. Therefore, the rule
proposes to adjust the fees to recover these additional costs. A
conforming change to the reference to the N-400 fee in the rule is also
made in order to implement the fee limitation provided by Title XVII.
Office of Citizenship. Section 451(f) of the Homeland Security Act
of 2002 states, ``There shall be a position of Chief of the Office of
Citizenship and Immigration Services. The Chief of the Office of
Citizenship and Immigration Services shall be responsible for promoting
instruction and training on citizenship responsibilities for aliens
interested in becoming naturalized citizens of the United States,
including the development of educational materials.''
Other Activities. BCIS is undergoing a significant competitive
sourcing study for public-private job competitions of the functions
performed by Immigration Information Officers and Contact
Representatives. In addition, BCIS seeks to recover the annual costs of
litigation settlements. These legal costs are not included in the
current fee structure.
C. Administrative Support Costs
As previously stated, BCIS has authority under the INA to recover
full costs of the program, including administrative costs. To date,
these administrative costs have been funded through discretionary
appropriations. In FY 2004, BCIS was appropriated $235 million of which
$155 million
[[Page 5090]]
supported administrative costs (e.g. records management, forms
management, human resources, procurement, budget, finance). Since these
costs are associated with the processing of immigration benefit
applications, BCIS proposes adjusting the fees to recover these costs
in accordance with the INA. The annual amount, adjusted for FY 2004 and
FY 2005, of $157 million equates to a $23 per application charge.
D. Cost of Living
To maintain current service levels, the current immigration benefit
application fees were adjusted for cost of living increases for FY 2004
and FY 2005 based upon inflationary rates used for the President's
annual budget request. This increase in the annual amount of $28
million equates to a $4 average per application charge.
How Is the Biometric Fee Changing in This Rule?
BCIS charges a fee to recover the operating costs of its
fingerprinting program. The costs of the program have risen since 1999,
the time of the last fee review. The annualized cost of the program is
$96 million, which includes the capability to electronically capture
and retain necessary biometrics (photo, signature, and press-print
images) for certain immigration benefit applications at the time of the
applicant/petitioner's first visit to a BCIS Application Support
Center. This equates to an increase of $20. Therefore, the new
biometric fee will be $70.
To better describe the services provided under this fee, the
proposed rule refers to it as a biometric fee rather than a
fingerprinting fee.
What Are the New Application Fees and How Do the New Fees Compare to
the Current Fees?
The proposed new immigration benefit application fees and their
dollar differences are displayed in Table 1.
Table 1.--Current versus New Application and Petition Fees
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Current
Form No. Description New fee fee Change
------------------------------------------------------------------------
I-90................ Application to $185 $130 $55
Replace Permanent
Resident Card.
I-102............... Application for 155 100 55
Replacement/Initial
Nonimmigrant
Arrival/Departure
Record.
I-129............... Petition for a 185 130 55
Nonimmigrant Worker.
I-129F.............. Petition for Alien 165 110 55
Fianc[eacute](e).
I-130............... Petition for Alien 185 130 55
Relative.
I-131............... Application for 165 110 55
Travel Document.
I-140............... Immigrant Petition 190 135 55
for Alien Worker.
I-191............... Application for 250 195 55
Permission to
Return to an
Unrelinquished
Domicile.
I-192............... Application for 250 195 55
Advance Permission
to Enter as a
Nonimmigrant.
I-193............... Application for 250 195 55
Waiver of Passport
and/or Visa.
I-212............... Application for 250 195 55
Permission to
Reapply for
Admission into the
U.S. After
Deportation or
Removal.
I-360............... Petition for 185 130 55
Amerasian,
Widow(er), or
Special Immigrant.
I-485............... Application to 315 255 60
Register Permanent
Residence or to
Adjust Status.
I-526............... Immigrant Petition 465 400 65
by Alien
Entrepreneur.
I-539............... Application to 195 140 55
Extend/Change
Nonimmigrant Status.
I-600/600A.......... Petition to Classify 525 460 65
Orphan as an
Immediate Relative/
Application for
Advance Processing
or Orphan Petition.
I-601............... Application for 250 195 55
Waiver on Grounds
of Excludability.
I-612............... Application for 250 195 55
Waiver of the
Foreign Residence
Requirement.
I-687............... For Filing 240 185 55
Application for
Status as a
Temporary Resident.
I-690............... Application for 90 35 55
Waiver of
Excludability.
I-694............... Notice of Appeal of 105 50 55
Decision.
I-695............... Application for 65 15 50
Replacement
Employment
Authorization or
Temporary Residence
Card.
I-698............... Application to 175 120 55
Adjust Status from
Temporary to
Permanent Resident.
I-751............... Petition to Remove 200 145 55
the Conditions on
Residence.
I-765............... Application for 175 120 55
Employment
Authorization.
I-817............... Application for 195 140 55
Family Unity
Benefits.
I-824............... Application for 195 140 55
Action on an
Approved
Application or
Petition.
I-829............... Petition by 455 395 60
Entrepreneur to
Remove Conditions.
I-881............... NACARA--Suspension 275 215 60
of Deportation or
Application for
Special Rule
Cancellation of
Removal.
I-914............... Application for T 255 200 55
Nonimmigrant Status.
N-300............... Application to File 115 60 55
Declaration of
Intention.
N-336............... Request for Hearing 250 195 55
on a Decision in
Naturalization
Procedures.
N-400............... Application for 320 260 60
Naturalization.
N-470............... Application to 150 95 55
Preserve Residence
for Naturalization
Purposes.
N-565............... Application for 210 155 55
Replacement
Naturalization
Citizenship
Document.
N-600............... Application for 240 185 55
Certification of
Citizenship.
N-600K.............. Application for 240 185 55
Citizenship and
Issuance of
Certificate under
Section 322.
------------------------------------------------------------------------
BCIS is also making a number of non-substantive stylistic
corrections to the fee provisions amended by this rule, and updating
the cross-reference to fee regulations under the Freedom of Information
Act in 8 CFR 103.7(b)(2) to refer to Department of Homeland Security
rather than Department of Justice regulations. Reference to Form I-700
has been deleted, as this form is no longer used.
Does BCIS Have the Authority To Waive Fees on a Case-By-Case Basis?
Yes, BCIS has the authority to waive fees on a case-by-case basis
pursuant to 8 CFR 103.7(c). In all fee waiver requests, applicants are
required to
[[Page 5091]]
demonstrate ``inability to pay.'' In determining ``inability to pay,''
BCIS officers will consider all factors, circumstances, and evidence
supplied by the applicant including age, disability, household income,
and qualification within the past 180 days for a Federal means tested
benefit.
How Will BCIS Inform the Public of Future Fee Adjustments Based Solely
on Inflation?
The proposed rule provides that in subsequent years, starting with
FY 2006, BCIS will adjust the current immigration benefit application
fees on October 1st each year based upon the inflation level enacted by
Congress. If Congress has not enacted the inflationary rate by the
start of the fiscal year, BCIS will use the anticipated inflation rates
used in the President's annual budget request. BCIS will inform the
public of the new fee schedule through a notice published in the
Federal Register and on its Web site.
Regulatory Flexibility Act
This rule has been reviewed in accordance with 5 U.S.C. 605(b), and
the Department of Homeland Security certifies 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).
BCIS acknowledges, however, that a number of small entities,
particularly those filing business-related applications and petitions,
such as Form I-140, Immigrant Petition for Alien Worker; Form I-526,
Immigrant Petition by Alien Entrepreneur; and Form I-829, Petition by
Entrepreneur to Remove Conditions, may be affected by this rule. For
the FY 2004/2005 biennial time period, BCIS projects that approximately
190,000 Forms I-140, 435 Forms I-526, and 508 Forms I-829 will be
filed. However, this volume represents petitions filed by a variety of
businesses, ranging from large multinational corporations to small
domestic businesses. BCIS 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. However, 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 result in the expenditure by State, local and
tribal governments, in the aggregate, or by the private sector of $100
million or more in any one year, and it will not significantly or
uniquely affect small governments. Therefore, no actions were deemed
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 section 804 of the Small
Business Regulatory Enforcement Act of 1996. This rule will result in
an annual effect on the economy of more than $100 million, in order to
generate the revenue necessary to fully fund the increased cost
associated with the processing of immigration benefit applications 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. The increased costs will be recovered through the fees
charged for various immigration benefit applications.
Executive Order 12866
This rule is considered by the Department of Homeland Security to
be a ``significant regulatory action'' under Executive Order 12866,
section 3(f), Regulatory Planning and Review. The implementation of
this interim rule would provide BCIS with an additional $232 million in
FY 2004 and $394 million in FY 2005 in annual fee revenue, based on a
projected annual fee-paying volume of 6.8 million, over the fee revenue
that would be collected under the current fee structure. This increase
in revenue will be used pursuant to subsections 286(m) and (n) of the
INA to fund the full costs of processing immigration benefit
applications 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 at no
charge. If BCIS does not adjust the current fees to recover the full
costs of processing immigration benefit applications, the backlog will
likely increase. The revenue increase is based on BCIS costs and
projected volumes that were available at the time of the rule.
Accordingly, this rule has been reviewed by the Office of Management
and Budget.
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 of Homeland Security has
determined that this rule does not have sufficient Federalism
implications to warrant the preparation of a federalism summary impact
statement.
Executive Order 12988: Civil Justice Reform
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 No. 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 rule. This rule does not impose any new reporting or
recordkeeping requirements under the Paperwork Reduction Act.
It should be noted that the changes to the fees will require
changes to the application/petition forms to reflect the new fees. BCIS
will submit a notification to OMB with respect to any such changes.
List of Subjects in 8 CFR Part 103
Administrative practice and procedures, 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 proposed to be amended as follows:
PART 103--POWERS AND DUTIES; AVAILABILITY OF RECORDS
1. The authority citation for part 103 continues to read as
follows:
Authority: 5 U.S.C. 301, 552, 552(a); 8 U.S.C. 1101, 1103, 1304,
1356; 31 U.S.C. 9701; Public Law 107-296, 116 Stat. 2135 (6 U.S.C. 1
et seq.); E.O. 12356, 47 FR 14874, 15557; 3 CFR, 1982 Comp., p. 166;
8 CFR part 2.
2. Section 103.7(b) is amended by:
a. Removing the entry ``For fingerprinting by the Service'' and
adding the entry ``For capturing biometric information'' in its place,
and by revising the entries for the following forms in paragraph
(b)(1);
[[Page 5092]]
b. Adding the entry for ``Form N-600K'' in paragraph (b)(1);
c. Revising paragraph (b)(2); and by
d. Adding a new paragraph (b)(3).
The revisions and additions read as follows:
Sec. 103.7 Fees.
* * * * *
(b) * * *
(1) * * *
* * * * *
For capturing biometric information. A service fee of $70 will be
charged for any individual who is required to have biometric
information captured in connection with an application or petition for
certain immigration and naturalization benefits (other than asylum),
and whose residence is in the United States.
* * * * *
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--$185.
* * * * *
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--$155.
Form I-129. For filing a petition for a nonimmigrant worker--$185.
Form I-129F. For filing a petition to classify a nonimmigrant as a
fiancee or fiance under section 214(d) of the Act--$165.
Form I-130. For filing a petition to classify status of an alien
relative for issuance of an immigrant visa under section 204(a) of the
Act--$185.
Form I-131. For filing an application for travel documents--$165.
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--$190.
Form I-191. For filing an application for discretionary relief
under section 212(c) of the Act--$250.
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--$250.
Form I-193. For filing an application for waiver of passport and/or
visa--$250.
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--
$250.
* * * * *
Form I-360. For filing a petition for an Amerasian, Widow(er), or
Special Immigrant--$185, 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--$315 for an
applicant 14 years of age or older; $215 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-526. For filing a petition for an alien entrepreneur--$465.
Form I-539. For filing an application to extend or change
nonimmigrant status--$195.
* * * * *
Form I-600. For filing a petition to classify an orphan as an
immediate relative for issuance of an 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.)--$525.
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.)--$525.
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.)--$250.
Form I-612. For filing an application for waiver of the foreign-
residence requirement under section 212(e) of the Act--$250.
Form I-687. For filing an application for status as a temporary
resident under section 245A(a) of the Act. A fee of $240 for each
application or $105 for each application for a minor child (under 18
years of age) is required at the time of filing with the Department of
Homeland Security. The maximum amount payable by a family (husband,
wife, and any minor children) shall be $585.
Form I-690. For filing an application for waiver of a ground of
inadmissibility under section 212(a) of the Act as amended, in
conjunction with the application under sections 210 or 245A of the Act,
or a petition under section 210A of the Act--$90.
Form I-694. For appealing the denial of an application under
sections 210 or 245A of the Act, or a petition under section 210A of
the Act--$105.
Form I-695. For filing an application for replacement of temporary
resident card (Form I-688)--$65.
Form I-698. For filing an application for adjustment from temporary
resident status to that of lawful permanent resident under section
245A(b)(1) of the Act. For applicants filing within 31 months from the
date of adjustment to temporary resident status, a fee of $135 for each
application is required at the time of filing with the Department of
Homeland Security. The maximum amount payable by a family (husband,
wife, and any minor children (under 18 years of age living at home))
shall be $405. For applicants filing after thirty-one months from the
date of approval of temporary resident status, who file their
applications on or after July 9, 1991, a fee of $175 (a maximum of $525
per family) is required. The adjustment date is the date of filing of
the application for permanent residence or the applicant's eligibility
date, whichever is later.
* * * * *
Form I-751. For filing a petition to remove the conditions on
residence, based on marriage--$200.
Form I-765. For filing an application for employment authorization
pursuant to 8 CFR 274a.13--$175.
* * * * *
Form I-817. For filing an application for voluntary departure under
the Family Unity Program--$195.
* * * * *
Form I-824. For filing for action on an approved application or
petition--$195.
Form I-829. For filing a petition by entrepreneur to remove
conditions--$455.
Form I-881. For filing an application for suspension of deportation
or special rule cancellation of removal (pursuant to section 203 of
Public Law 105-100):
--$275 for adjudication by the Department of Homeland Security,
except that the maximum amount payable by family members (related as
husband, wife, unmarried child under 21, unmarried son, or unmarried
daughter) who submit applications at the same time shall be $550.
--$155 for adjudication by the Immigration Court (a single fee of
$155 will be charged whenever applications are filed by two or more
aliens in the same proceedings). The $155 fee is not required if the
Form I-881 is referred to the Immigration Court by the Department of
Homeland Security.
* * * * *
Form I-914. For filing an application to classify an alien as a
nonimmigrant under section 101(a)(15)(T) of the Act
[[Page 5093]]
(victims of a severe form of trafficking in persons and their immediate
family members)--$255. For each immediate family member included on the
same application, an additional fee of $105 per person, up to a maximum
amount payable per application of $510.
Form N-300. For filing an application for declaration of intention-
-$115.
Form N-336. For filing a request for hearing on a decision in
naturalization proceedings under section 336 of the Act--$250.
Form N-400. For filing an application for naturalization (other
than such application filed on or after October 1, 2004, by an
applicant who meets the requirements of sections 328 or 329 of the Act
with respect to military service, for which no fee is charged)--$320.
* * * * *
Form N-470. For filing an application for benefits under section
316(b) or 317 of the Act--$150.
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--$210.
Form N-600. For filing an application for a certificate of
citizenship under section 309(c) or section 341 of the Act--$240, for
applications filed on behalf of a biological child and $200 for
applications filed on behalf of an adopted child.
Form N-600K. For filing an application for citizenship and issuance
of certificate under section 322 of the Act--$240, for an application
filed on behalf of a biological child and $200 for an application filed
on behalf of an adopted child.
* * * * *
(2) Fees for production or disclosure of records under 5 U.S.C. 552
shall be charged in accordance with the regulations of the Department
of Homeland Security, 6 CFR 5.11.
(3) The fees prescribed in paragraph (b)(1) of this section shall
be adjusted at least annually on or after October 1, 2005, by
publication of an inflation adjustment. The inflation adjustment will
be announced by notice in the Federal Register, and shall be based upon
the inflation rate enacted by Congress. If Congress has not enacted the
inflation rate by the start of the year, BCIS will use the anticipated
inflation rates used in the President's annual budget request. The
prescribed fee or charge shall be the amount prescribed in paragraph
(b)(1) of this section, as amended by the latest of any such inflation
adjustment. The fees have been rounded to the nearest whole $5
increment in accordance with BCIS' standard practice.
* * * * *
Dated: January 30, 2004.
Tom Ridge,
Secretary of Homeland Security.
[FR Doc. 04-2290 Filed 1-30-04; 2:44 pm]
BILLING CODE 4410-10-P
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