[Federal Register Volume 65, Number 49 (Monday, March 13, 2000)]
[Proposed Rules]
[Pages 13253-13254]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-6100]


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DEPARTMENT OF STATE

22 CFR Part 22

[Public Notice 3248]


Schedule of Fees for Consular Services, Department of State and 
Overseas Embassies and Consulates

AGENCY: Bureau of Consular Affairs, State Department.

ACTION: Proposed rule.

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SUMMARY: This rule proposes to amend the Schedule of Fees for Consular 
Services. Specifically, it establishes a fee for the review of the 
Affidavit of Support, form I-864, when submitted in support of an 
application for immigration to the United States.

DATES: Written comments must be received on or before April 12, 2000.

ADDRESSES: Interested persons are invited to submit comments in 
duplicate to: Office of the Executive Director, Bureau of Consular 
Affairs, Department of State, Washington, D.C. 20520-4818; telefax 
(202) 647-3677.

FOR FURTHER INFORMATION CONTACT: Alcy Frelick, Office of the Executive 
Director, Bureau of Consular Affairs, Department of State; telefax 
(202) 647-3677; email address [email protected].

SUPPLEMENTARY INFORMATION:

Background Authority To Assess Fees

    Public Law 106-113, enacted November 29, 1999, authorizes the 
Secretary of State to charge and retain a fee for the processing of a 
sponsor's Affidavit of Support (I-864). The Secretary of State is also 
authorized under E.O. 10718 of June 27, 1957, to exercise the 
President's authority under 22 U.S.C. 4219 to prescribe the fees to be 
charged for official services performed by the Department of State. 
This authority has been delegated to the Undersecretary for Management. 
The Schedule of Fees for Consular Services is set forth in 22 CFR 22.1, 
as amended on December 1, 1999 (64 FR 66769). After an initial review 
of the costs, the fee for processing has been set initially at $50 per 
sponsor filing an Affidavit of Support, form I-864.

The Affidavit of Support Processing Fee

    This rule amends the Schedule of Fees for Consular Services by 
adding a new item 61. ``Affidavit of Support Processing Fee.'' It 
establishes a fee for document review and for providing processing 
assistance for the Affidavit of Support form, I-864, to any sponsor or 
joint sponsor who provides an Affidavit of Support under section 213A 
of the Immigration and Nationality Act (8 U.S.C. 1183a) for an 
immigrant visa applicant to cover the estimated cost of its services. 
This fee will be used by the Department of State in assisting sponsors 
to properly complete such affidavit before it is forwarded to a 
consular post for adjudication by a consular officer in connection with 
an application for an immigrant visa. This fee will be in addition to, 
and separate from, any fee imposed for immigrant visa application 
processing and issuance. The new fee, which will be reviewed in light 
of experience, will recover only the costs of services related to 
assisting the sponsor or joint sponsor in completing the Affidavit of 
Support and in reviewing the documents for technical completeness; 
those costs are not recovered by the immigrant visa application 
processing and issuance fees.
    This new fee will be charged only once to a sponsor or joint 
sponsor who files essentially duplicative Affidavits of Support in 
connection with immigrant visa applications for the spouse, parents and 
children of a petitioner who is required by the Immigration and 
Nationality Act to petition separately for them. No new fee will be 
assessed for essentially duplicative Affidavits of Support filed in 
support of additional members of one family, made up of parents and 
minor unmarried children, even if each member of the family is being 
processed individually for immigration to the United States or if the 
family member may have had a separate immigrant visa petition filed on 
his/her behalf.
    The Department will assess one fee for each distinct Affidavit of 
Support (I-864) filed, whether it is filed by the primary sponsor or by 
a joint sponsor. If more than one Affidavit of Support is needed to 
fulfil the requirements of the law, the Department will assess one fee 
for each separate Affidavit of Support. A new fee will be assessed if a 
new Affidavit of Support is required in support of any application for 
immigration. (For example, if an additional Affidavit of Support would 
be needed from a joint sponsor for an application which has been 
rejected due to Section 212(a)(4), inability to qualify under the 
public charge provision of the Immigration Act). The fee is non-
refundable as it is a processing fee.
    The Department does not consider this rule to be a major rule for 
purposes of E.O. 12291. These changes to the regulations are hereby 
certified as not expected to have a significant impact on a substantial 
number of small entities under the criteria of the Regulatory 
Flexibility Act, 5 U.S.C. 605(b). In addition, pursuant to the Small

[[Page 13254]]

Business Regulatory Fairness Act (U.S.C. Chapter 8), the Department has 
screened the Rule and determines that it is not a ``major rule,'' as 
defined in 5 U.S.C. 804(2). This rule does not impose information 
collection requirements under the provisions of the Paperwork Reduction 
Act, 44 U.S.C., Chapter 35. In accordance with Executive Order 12612, 
it is determined that this rule does not have sufficient federalism 
implications to warrant the preparation of a Federalism Assessment. Nor 
does the rule have federalism implications warranting the application 
of Executive Order No. 12372 and No.13132. This rule is exempt from 
E.O. 12866, but the Department has reviewed the rule to ensure 
consistency with the objectives of the Executive Order, as well as with 
E.O. 12988, and the Office of Management and Budget has determined this 
rule would not constitute a significant regulatory action under E.O. 
12866. This rule will not result in the expenditure by State, local and 
tribal governments, in the aggregate, or by the private sector, of 
$100,000 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 (2 U.S.C. 1501 et seq.) and Executive Order 12875.
    This amendment is proposed to take effect June 1, 2000.

Proposed Rule

List of Subjects in 22 CFR Part 22

    Passports and visas, Schedule of Consular Fees.
    Accordingly, this rule proposes to amend 22 CFR part 22 as follows:

PART 22--[AMENDED]

    1. The authority citation for part 22 continues to read as follows:

    Authority: 8 U.S.C. 1153 note, 1351, 1351 note; 10 U.S.C. 214, 
2504(a), 4201, 4206, 4215, 4219; 31 U.S.C. 9701; E.O. 10718, 22 FR 
4632, 3 CFR, 1954-1958 Comp., p.382; E.O. 11295, 31 FR 10603, 3 CFR, 
1966-1970 Comp., p. 570.

    2. In Section 22.1, by adding item 61. to read as follows:


Sec. 22.1  Schedule of fees.

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                          Item No.                               Fee
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61. Affidavit of Support Processing Fee:...................      $50.000
 
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    Dated: March 6, 2000.
Bonnie R. Cohen,
Under Secretary for Management.
[FR Doc. 00-6100 Filed 3-10-00; 8:45 am]
BILLING CODE 4710-06-P