Federal Register, Volume 84 Issue 220 (Thursday, November 14, 2019)

[Federal Register Volume 84, Number 220 (Thursday, November 14, 2019)]
[Proposed Rules]
[Pages 62280-62371]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24366]

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Vol. 84

Thursday,

No. 220

November 14, 2019

Part III

Department of Homeland Security

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8 CFR Parts 103, 106, 204, et al.

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U.S. Citizenship and Immigration Services Fee Schedule and Changes to
Certain Other Immigration Benefit Request Requirements; Proposed Rule

Federal Register / Vol. 84 , No. 220 / Thursday, November 14, 2019 /
Proposed Rules

[[Page 62280]]

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DEPARTMENT OF HOMELAND SECURITY

8 CFR Parts 103, 106, 204, 211, 212, 214, 216, 223, 235, 236, 240,
244, 245, 245a, 248, 264, 274a, 301, 319, 320, 322, 324, 334, 341,
343a, 343b, and 392

[CIS No. 2627-18; DHS Docket No. USCIS-2019-0010]
RIN 1615-AC18

U.S. Citizenship and Immigration Services Fee Schedule and
Changes to Certain Other Immigration Benefit Request Requirements

AGENCY: U.S. Citizenship and Immigration Services, DHS.

ACTION: Proposed rule.

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SUMMARY: The Department of Homeland Security (DHS) proposes to adjust
certain immigration and naturalization benefit request fees charged by
U.S. Citizenship and Immigration Services (USCIS). USCIS conducted a
comprehensive biennial fee review and determined that current fees do
not recover the full costs of providing adjudication and naturalization
services. DHS proposes to adjust USCIS fees by a weighted average
increase of 21 percent, add new fees for certain benefit requests,
establish multiple fees for petitions for nonimmigrant workers, and
limit the number of beneficiaries on certain forms to ensure that USCIS
has the resources it needs to provide adequate service to applicants
and petitioners. Adjustments to the fee schedule are necessary to
recover the full operating costs associated with administering the
nation's immigration benefits system, safeguarding its integrity, and
efficiently and fairly adjudicating immigration benefit requests, while
protecting Americans, securing the homeland, and honoring our country's
values. USCIS also is proposing changes to certain other immigration
benefit request requirements.

DATES: Written comments must be submitted on or before December 16,
2019.

ADDRESSES: You may submit comments, identified by DHS Docket No. USCIS-
2019-0010, by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow this site's instructions for submitting comments.
Mail: Samantha Deshommes, Chief, Regulatory Coordination
Division, Office of Policy and Strategy, U.S. Citizenship and
Immigration Services, Department of Homeland Security, 20 Massachusetts
Avenue NW, Mailstop #2140, Washington, DC 20529-2140. To ensure proper
handling, please reference DHS Docket No. USCIS-2019-0010 in your
correspondence. Mail must be postmarked by the comment submission
deadline. Please note that USCIS cannot accept any comments that are
hand delivered or couriered. In addition, USCIS cannot accept mailed
comments contained on any form of digital media storage devices, such
as CDs/DVDs and USB drives.

FOR FURTHER INFORMATION CONTACT: Kika M. Scott, Deputy Chief Financial
Officer, U.S. Citizenship and Immigration Services, Department of
Homeland Security, 20 Massachusetts Avenue NW, Washington, DC 20529-
2130, telephone (202) 272-8377.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Public Participation
II. Executive Summary
A. Effective Date
III. Basis for the Fee Review
A. Legal Authority and Guidance
B. Full Cost Recovery
C. Immigration Examinations Fee Account
D. Fee Review History
IV. FY 2019/2020 Immigration Examinations Fee Account Fee Review
A. USCIS Projected Costs and Revenue
1. Cost Projections
a. Use IEFA Fee Collections To Fund Immigration Adjudication
Services Performed by ICE
2. Revenue Projections
3. Cost and Revenue Differential
B. Methodology
1. Volume
a. Workload Volume and Volume Projection Committee
b. Fee-Paying Volume
2. Completion Rates
3. Assessing Proposed Fees
C. Fee-Related Issues Noted for Consideration
1. Accommodating E-Filing and Form Flexibility
2. Processing Time Outlook
V. Proposed Changes in the FY 2019/2020 Fee Schedule
A. Clarify Dishonored Fee Check Re-Presentment Requirement
B. Eliminate $30 Returned Check Fee
C. Fee Waivers
1. Background
2. Cost of Fee Waivers
3. Proposed Fee Waiver Changes
a. Limits on Eligible Forms and Categories
b. Eligibility Requirements
c. Income Requirements
d. Subject to INA Section 212(a)(4) and Affidavit of Support
Requirements
e. USCIS Director's Discretionary Fee Waivers and Emergency and
Disaster Relief
f. Conforming Edits and Request for Comments
D. Fee Exemptions
1. Form I-765 Exemption Related to Asylees and Refugees
2. Exemptions Related to International Organization Officers and
to Agreement Between the U.S. Government and Other Nations
3. Exemptions Related to VAWA and to T and U Nonimmigrant Status
Categories
E. Changes to Biometric Services Fee
1. Incorporating Biometric Activities Into Immigration Benefit
Request Fees
2. Retaining a Separate Biometric Services Fee for Temporary
Protective Status
3. Executive Office for Immigration Review (EOIR) Biometric
Services Fee
F. Form I-485, Application To Register Permanent Residence or
Adjust Status
1. Interim Benefits
2. Form I-485 Fee for Child Under 14, Filing With Parent
G. Continuing To Hold Refugee Travel Document Fee to the
Department of State Passport Fee
H. Form I-131A, Carrier Documentation
I. Separating Form I-129, Petition for a Nonimmigrant Worker,
Into Different Forms
1. Form I-129H1, Petition for Nonimmigrant Worker: H-1B or H-1B1
Classifications
2. Forms I-129H2A and I-129H2B, Petitions for H-2A and H-2B
Workers
3. Form I-129L, Petition for Nonimmigrant Worker: L
Classification
4. Form I-129O Petition for Nonimmigrant Worker: O
Classification
5. Form I-129E&TN, Application for Nonimmigrant Worker: E and TN
Classification
6. Form I-129MISC, Petition for Nonimmigrant Worker: H-3, P, Q,
or R Classification
7. Commonwealth of the Northern Mariana Islands (CNMI) Fees
J. Premium Processing
1. Change Premium Processing Fee by Guidance
2. Change Calendar Days to Business Days
3. Actions That End or Restart the 15-Day Period
4. Expedited Processing for Other Requests
K. Regional Centers
L. Secure Mail Initiative
M. Intercountry Adoptions
1. Adjustment to Proposed Fees for Certain Intercountry
Adoption-Specific Forms
2. Clarification of Fee Exception for Birth Siblings
3. Suitability and Eligibility Approval Validity Period
4. Form I-600A/I-600 Supplement 3, Request for Action on
Approved Form I-600A/I-600
a. Suitability & Eligibility Extensions
b. New Approval Notices
c. Change of Country
d. Hague Adoption Convention Transition Cases
5. Form I-800A, Supplement 3, Request for Action on Approved
Form I-800A
N. Changes to Genealogy Search and Records Requests
O. Naturalization and Citizenship Related Forms
1. No Longer Limit the Form N-400 Fee
2. Remove Form N-400 Reduced Fee
3. Military Naturalization and Certificates of Citizenship

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4. Proposed Changes to Other Naturalization-Related Application
and Certificate of Citizenship Application Fees
P. Asylum Fees
1. Fee for Form I-589, Application for Asylum and for
Withholding of Removal
2. Fee for the Initial Application for Employment Authorization
While an Asylum Claim Is Pending
Q. DACA Renewal Fees
R. Fees Shared by CBP and USCIS
S. 9-11 Response and Biometric Entry-Exit Fee for H-1B and L-1
Visas
T. Form I-881, Application for Suspension of Deportation or
Special Rule Cancellation of Removal (Pursuant to Section 203 of
Pub. L. 105-100 (NACARA))
U. Miscellaneous Technical and Procedural Changes
VI. Proposed Fee Adjustments to IEFA Immigration Benefits
VII. Other Possible Fee Scenarios
A. Fee Schedule With DACA Renewal Fees
B. Fee Schedule Without DACA Fees
C. Fee Schedule With Both DACA Initial and Renewal Fees
VIII. Statutory and Regulatory Requirements
A. Executive Orders 12866 and 13563
B. Regulatory Flexibility Act
C. Unfunded Mandates Reform Act
D. Congressional Review Act
E. Executive Order 13132 (Federalism)
F. Executive Order 12988 (Civil Justice Reform)
G. Paperwork Reduction Act
H. National Environmental Policy Act

List of Acronyms and Abbreviations

ABC Activity-Based Costing
ASC Application Support Center
BLS Bureau of Labor Statistics
CAT Convention Against Torture and Other Cruel, Unusual or Degrading
Treatment or Punishment
CBP U.S. Customs and Border Protection
CEQ Council on Environmental Quality
CFO Chief Financial Officer
CNMI Commonwealth of the Northern Mariana Islands
CPI Consumer Price Index
CPI-U Consumer Price Index for All Urban Consumers
DACA Deferred Action for Childhood Arrivals
DHS Department of Homeland Security
DOD Department of Defense
DOJ Department of Justice
DOL Department of Labor
DOS Department of State
EAD Employment Authorization Document
EB-5 Employment-Based Immigrant Visa, Fifth Preference
EIN Employer Identification Number
EOIR Executive Office for Immigration Review
FBI Federal Bureau of Investigation
FY Fiscal Year
GAO Government Accountability Office
HHS U.S. Department of Health and Human Services
IEFA Immigration Examinations Fee Account
INA Immigration and Nationality Act of 1952
INS Immigration and Naturalization Service
IPO Investor Program Office
IOAA Independent Offices Appropriations Act
LIFE Act Legal Immigration Family Equity Act
LPR Lawful Permanent Resident
NACARA Nicaraguan Adjustment and Central American Relief Act
NAICS North American Industry Classification System
NBC National Benefits Center
NEPA National Environmental Policy Act
NOID Notice of Intent to Deny
NPRM Notice of Proposed Rulemaking
OIG DHS Office of the Inspector General
OMB Office of Management and Budget
OPQ Office of Performance and Quality
PRC Permanent Resident Card
RAIO Refugee, Asylum, and International Operations Directorate
RFE Request for Evidence
RFA Regulatory Flexibility Act
SAVE Systematic Alien Verification for Entitlements
SBA Small Business Administration
TPS Temporary Protected Status
TVPRA William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008
UAC Unaccompanied Alien Child
UMRA Unfunded Mandates Reform Act
USCIS U.S. Citizenship and Immigration Services
VPC Volume Projection Committee

I. Public Participation

DHS invites you to participate in this rulemaking by submitting
written data, views, or arguments on all aspects of this proposed rule.
Comments providing the most assistance to DHS will reference a specific
portion of the proposed rule, explain the reason for any recommended
change, and include data, information, or authority that supports the
recommended change.
Instructions: All submissions should include the agency name and
DHS Docket No. USCIS-2019-0010 for this rulemaking. Providing comments
is entirely voluntary. Regardless of how you submit your comment, DHS
will post all submissions, without change, to the Federal eRulemaking
Portal at http://www.regulations.gov and will include any personal
information you provide. Because the information you submit will be
publicly available, you should consider limiting the amount of personal
information in your submission. DHS may withhold information provided
in comments from public viewing if it determines that such information
is offensive or may affect the privacy of an individual. For additional
information, please read the Privacy Act notice available through the
link in the footer of http://www.regulations.gov.
Docket: For access to the docket, go to http://www.regulations.gov
and enter this rulemaking's eDocket number: USCIS-2019-0010. The docket
includes additional documents that support the analysis contained in
this proposed rule to determine the specific fees that are proposed.
These documents include:
Fiscal Year (FY) 2019/2020 Immigration Examinations Fee
Account Fee Review Supporting Documentation;
Regulatory Impact Analysis: U.S. Citizenship and
Immigration Services Fee Schedule and Changes to Certain Other
Immigration Benefit Request Requirements; and
Small Entity Analysis for Adjustment of the U.S.
Citizenship and Immigration Services Fee Schedule notice of proposed
rulemaking (NPRM).
You may review these documents on the electronic docket. The
software \1\ used to compute the immigration benefit request fees \2\
and biometric fees \3\ is a commercial product licensed to USCIS that
may be accessed on-site, by appointment, by calling (202) 272-1969.\4\
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\1\ USCIS uses commercially available activity-based costing
(ABC) software, SAP Business Objects Profitability and Cost
Management, to create financial models as described in the
supporting documentation.
\2\ Benefit request means any application, petition, motion,
appeal, or other request relating to an immigration or
naturalization benefit, whether such request is filed on a paper
form or submitted in an electronic format, provided such request is
submitted in a manner prescribed by DHS for such purpose. See 8 CFR
1.2.
\3\ DHS uses the terms biometric fees, biometric services fees,
and biometric fee synonymously in this rule to describe the cost and
process for capturing, storing, or using biometrics.
\4\ This proposed rule describes key inputs to the ABC model
(for example, budget, workload forecasts, staffing, and completion
rates), both here and in the supporting documentation.
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II. Executive Summary

DHS proposes to adjust the USCIS fee schedule, which specifies the
fee amount charged for each immigration and naturalization benefit
request.\5\ DHS last adjusted the fee schedule on December 23, 2016, by
a weighted average increase of 21 percent. See 81 FR 73292 (Oct. 24,
2016) (final rule) (FY 2016/2017 fee rule).
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\5\ For the purposes of this rulemaking, DHS is including all
requests funded from the IEFA in the term ``benefit request'' or
``immigration benefit request'' although the form or request may not
be to request an immigration benefit. For example, Deferred Action
for Childhood Arrivals (DACA) is solely an exercise of prosecutorial
discretion by DHS. It is not an immigration benefit and would fit
under the definition of ``benefit request'' solely for purpose of
this rule. For historic receipts and completion information, see
USCIS immigration and citizenship data available at https://www.uscis.gov/tools/reports-studies/immigration-forms-data.
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USCIS is primarily funded by immigration and naturalization benefit
request fees charged to applicants and

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petitioners. Fees collected from individuals and entities filing
immigration benefit requests are deposited into the Immigration
Examinations Fee Account (IEFA). These fee collections fund the cost of
fairly and efficiently adjudicating immigration benefit requests,
including those provided without charge to refugee, asylum, and certain
other applicants. The focus of this fee review is the IEFA, which
comprised approximately 95 percent of USCIS' total FY 2018 enacted
spending authority.
In accordance with the requirements and principles of the Chief
Financial Officers Act of 1990 (CFO Act), 31 U.S.C. 901-03 and Office
of Management and Budget (OMB) Circular A-25, USCIS conducts biennial
reviews of the non-statutory fees deposited into the IEFA. If
necessary, DHS proposes fee adjustments to ensure full cost recovery.
USCIS completed a fee review for the FY 2019/2020 biennial period. The
primary objective of the fee review is to determine whether current
immigration and naturalization benefit fees will generate sufficient
revenue to fund the anticipated operating costs associated with
administering the nation's legal immigration system. The results
indicate that current fee levels are insufficient to recover the full
cost of operations funded by the IEFA. Therefore, DHS proposes to
adjust USCIS fees by a weighted average increase of 21 percent.
In addition to the requirements of the CFO Act, there are other
important reasons for conducting the FY 2019/2020 fee review. The fee
review:
Allows for an assessment of USCIS policy changes, staffing
levels, costs, revenue, etc. USCIS evaluates operational requirements
and makes informed decisions concerning program scaling, resource
planning, and staffing allocations; and
Provides those served by USCIS with an opportunity to
assess the effect of fee changes.
USCIS calculates its fees to recover the full cost of operations
funded by the IEFA. These costs do not include limited appropriations
provided by Congress. If USCIS continues to operate at current fee
levels, it would experience an average annual shortfall (the amount by
which expenses exceed revenue) of $1,262.3 million. This projected
shortfall poses a risk of degrading USCIS operations funded by the
IEFA. As such, DHS proposes to adjust USCIS fees by a 21 percent
weighted average increase to ensure full cost recovery. The weighted
average increase is the percentage difference between the current and
proposed fees by immigration benefit request.\6\ This rule refers to
weighted average instead of straight average because the figure
represents a more accurate depiction of the overall effect that the
proposed fee increase would have on total fee revenue.
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\6\ USCIS uses weighted average instead of a straight average
because of the difference in volume by immigration benefit type and
the resulting effect on fee revenue. The 21 percent weighted average
increase is a change in the average fee for a form that currently
requires a fee compared to the average proposed fee per form. The
sum of the current fees multiplied by the projected FY 2019/2020
fee-paying receipts for each immigration benefit type, divided by
the total fee-paying receipts = $530. The sum of the proposed fees
multiplied by the projected FY 2019/2020 receipts for each
immigration benefit type, divided by the fee-paying receipts = $640.
There is a $110, or approximately 21 percent difference between the
two averages. These averages exclude fees that do not receive cost
reallocation, such as the separate biometric services fee and the
proposed Form I-821D fee.
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The proposed fees would ensure that IEFA revenue covers USCIS'
costs associated with adjudicating the immigration benefit requests.
The proposed fee schedule accounts for increased costs to adjudicate
immigration benefit requests, detect and deter immigration fraud, and
thoroughly vet applicants, petitioners, and beneficiaries. DHS also
proposes to change fee waiver and fee exemption policies to limit some
fee increases. Additionally, DHS proposes to establish multiple fees
for different categories of petitions for nonimmigrant workers in
response to DHS Office of Inspector General (OIG) audit recommendations
to USCIS. DHS proposes a range of fees that vary by the nonimmigrant
classification and to limit petitions for nonimmigrant workers to 25
named beneficiaries. DHS believes the proposed fees more accurately
reflect the differing burdens of adjudication and enable USCIS to
adjudicate these petitions more effectively.
In addition to fee changes, this proposed rule would also make
changes in the forms and fee structures used by USCIS. Some of these
changes would result in cost savings, and others would result in costs
or transfers. For the 10-year implementation period of the proposed
rule, DHS estimates the total cost of the rule to applicants/
petitioners is $4,730,732,250 undiscounted, $4,035,410,566 discounted
at 3-percent, and $3,322,668,371 discounted at 7-percent. DHS estimates
the total cost savings (benefits) to the applicants/petitioners is
$220,187,510 undiscounted, $187,824,412 discounted at 3-percent, and
$154,650,493 discounted at 7-percent. Much of this total is expected to
be transfers between applicants and the federal government or between
groups of applicants, rather than new, real resource costs to the U.S.
economy.

A. Effective Date

The FY 2019/2020 fee review assumes these changes may affect the
second year of the biennial period, as FY 2020 began on October 1,
2019.

III. Basis for the Fee Review

A. Legal Authority and Guidance

DHS issues this proposed rule consistent with INA section 286(m), 8
U.S.C. 1356(m) (authorizing DHS to charge fees for adjudication and
naturalization services at a level to ``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'') \7\ and the CFO Act, 31 U.S.C. 901-03 (requiring each
agency's Chief Financial Officer (CFO) to review, on a biennial basis,
the fees imposed by the agency for services it provides, and to
recommend changes to the agency's fees).
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\7\ The longstanding interpretation of DHS is that the
``including'' clause in section 286(m) does not constrain DHS's fee
authority under the statute. The ``including'' clause offers only a
non-exhaustive list of some of the costs that DHS may consider part
of the full costs of providing adjudication and naturalization
services. See 8 U.S.C. 1356(m); 84 FR 23930, 23932 n.1 (May 23,
2019); 81 FR 26903, 26906 n.10 (May 4, 2016).
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This proposed rule is also consistent with non-statutory guidance
on fees, the budget process, and federal accounting principles. See OMB
Circular A-25, available at https://www.whitehouse.gov/wp-content/uploads/2017/11/Circular-025.pdf, 58 FR 38142 (July 15, 1993)
(establishing federal policy guidance regarding fees assessed by
federal agencies for government services); Federal Accounting Standards
Advisory Board Handbook, Version 17 (06/18), Statement of Federal
Financial Accounting Standards 4: Managerial Cost Accounting Standards
and Concepts, SFFAS 4, available at http://files.fasab.gov/pdffiles/handbook_sffas_4.pdf (generally describing cost accounting concepts and
standards, and defining ``full cost'' to mean the sum of direct and
indirect costs that contribute to the output, including the costs of
supporting services provided by other segments and entities.); id. at
49-66 (identifying various classifications of costs to be included and
recommending various methods of cost assignment); see also OMB Circular
A-11, Preparation, Submission, and Execution of the

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Budget, section 20.7(d), (g) (June 29, 2018)), available at https://www.whitehouse.gov/wp-content/uploads/2018/06/a11_2018.pdf (providing
guidance on the FY 2020 budget and instructions on budget execution,
offsetting collections, and user fees). DHS uses OMB Circular A-25 as
general policy guidance for determining user fees for immigration
benefit requests, with exceptions as outlined in section III.B. of this
preamble. DHS also follows the annual guidance in OMB Circular A-11 if
it requests appropriations to offset a portion of IEFA costs.\8\
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\8\ OMB Circulars A-25 and A-11 provide nonbinding internal
Executive Branch direction for the development of fee schedules
under the Independent Offices Appropriations Act (IOAA) and
appropriations requests, respectively. See 5 CFR 1310.1. Although
DHS is not required to strictly adhere to these OMB circulars in
setting USCIS fees, DHS used the activity-based costing (ABC)
methodology supported in Circulars A-25 and A-11 to develop the
proposed fee schedule.
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Finally, this rule accounts for, and is consistent with,
congressional appropriations for specific USCIS programs. FY 2018
appropriations for USCIS provided funding for only the E-Verify
employment eligibility verification program. Congress provided E-Verify
with $108.9 million for operations and support and $22.7 million for
procurement, construction, and improvements. See Consolidated
Appropriations Act, 2018, Public Law 115-66, div. F, tit. IV (Mar. 21,
2018) (DHS Appropriations Act 2018). The total E-Verify appropriation
was $131.5 million in FY 2018. FY 2019 E-Verify appropriations are
$109.7 million for operations and support, plus $22.8 million for
procurement, construction, and improvements; the latter sum remains
available until the end of FY 2021. See Consolidated Appropriations
Act, 2019, Public Law 116-6, div. A, tit. IV (Feb. 15, 2019). DHS
provides this information only for comparison to the IEFA. E-Verify is
not included in this fee review budget because, generally,
appropriations, not fees, fund E-Verify. In addition, Congress
appropriated $10 million for the Citizenship and Integration Grant
Program. Id. Together, the total FY 2019 appropriations for USCIS are
$142.5 million. For the last several years, USCIS has had the authority
to spend no more than $10 million for citizenship grants. The funding
for the grant program came from the IEFA fee revenue or a mix of
appropriations and fee revenue since 2013.\9\ While Congress
appropriated funds for grants in FY 2019, it did not reduce authorized
IEFA spending to offset the change. As such, the $10 million previously
budgeted for citizenship grants remains in the FY 2019/2020 IEFA fee
review budget.
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\9\ USCIS received $2.5 million for the immigrant integration
grants program in FY 2013 (Pub. L. 113-6) and FY 2014 (Pub. L. 113-
76). USCIS did not receive appropriations for the immigrant
integration grants program in FY 2015, FY 2016, FY 2017, and FY
2018.
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B. Full Cost Recovery

Consistent with these authorities and sources, this proposed rule
would ensure that USCIS recovers its full operating costs and maintains
an adequate level of service in two ways:
First, where possible, the proposed rule would set fees at levels
sufficient to cover the full cost of the corresponding services
associated with fairly and efficiently adjudicating immigration benefit
requests.\10\ DHS generally follows OMB Circular A-25, which
``establishes federal policy regarding fees assessed for Government
services and for sale or use of Government goods or resources.'' OMB
Circular A-25, User Charges (Revised), para. 6, 58 FR 38142 (July 15,
1993). A primary objective of OMB Circular A-25 is to ensure that
federal agencies recover the full cost of providing specific services
to users and associated costs. See id., para. 5. Full costs include,
but are not limited to, an appropriate share of:
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\10\ Section 286(m) of the Act, 8 U.S.C. 1356(m), provides
broader fee-setting authority and is an exception from the stricter
costs-for-services-rendered requirements of the Independent Offices
Appropriations Act, 1952, 31 U.S.C. 9701(c) (IOAA). See Seafarers
Int'l Union of N. Am. v. U.S. Coast Guard, 81 F.3d 179 (D.C. Cir.
1996) (IOAA provides that expenses incurred by agency to serve some
independent public interest cannot be included in cost basis for a
user fee, although agency is not prohibited from charging applicant
full cost of services rendered to applicant, which also results in
some incidental public benefits). Congress initially enacted
immigration fee authority under the IOAA. See Ayuda, Inc. v.
Attorney General, 848 F.2d 1297 (D.C. Cir. 1988). Congress
thereafter amended the relevant provision of law to require deposit
of the receipts into the separate Immigration Examinations Fee
Account of the Treasury as offsetting receipts to fund operations,
and broadened the fee-setting authority. Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1991, Public law 101-515, sec. 210(d), 104 Stat.
2101, 2111 (Nov. 5, 1990). Additional values are considered in
setting IEFA fees that would not be considered in setting fees under
the IOAA. See 72 FR at 29866-7.
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Direct and indirect personnel costs, including salaries
and fringe benefits, such as medical insurance and retirement;
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;
Management and supervisory costs; and
Costs of enforcement, collection, research, establishment
of standards, and regulation.

Id.
Secondly, this proposed rule would set fees at a level sufficient
to fund overall requirements and general operations related to USCIS
IEFA programs that are not associated with specific statutory fees or
funded by annual appropriations, benefit requests fees that are
statutorily set at a level below full cost, or benefit requests that
are fee exempt, in whole or in part. As noted, Congress has provided
that USCIS may set fees for providing adjudication and naturalization
services 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. See
INA section 286(m), 8 U.S.C. 1356(m).\11\ DHS interprets this statutory
fee-setting authority, including the authorization to collect ``full
costs'' for providing ``adjudication and naturalization services,'' as
granting DHS broad discretion to include costs other than OMB Circular
A-25 generally provides. See OMB Circular A-25, para. 6d1; INA section
286(m), 8 U.S.C. 1356(m). In short, DHS may charge fees at a level that
will ensure recovery of all direct and indirect costs associated with
providing immigration adjudication and naturalization services.\12\
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\11\ Congress has provided separate, but similar, authority for
establishing USCIS genealogy program fees. See section 286(t) of the
Act, 8 U.S.C. 1356(t). The statute requires that genealogy program
fees be deposited into the Immigration Examinations Fee Account and
that the fees for such research and information services may be set
at a level that will ensure the recovery of the full costs of
providing all such services. Id. The methodology for calculating the
genealogy program fees is discussed in a separate section later in
this preamble.
\12\ Congress has not defined either term with any degree of
specificity for purposes of subsections (m) and (n). See, e.g.,
Barahona v. Napolitano, No. 10-1574, 2011 WL 4840716, at **6-8
(S.D.N.Y. Oct. 11, 2011) (``While the term `full costs' appears
self-explanatory, section 286(m) contains both silence and ambiguity
concerning the precise scope that `full costs' entails in this
context.''); see also King v. Burwell, 135 S. Ct. 2480, 2489 (2015)
(``[O]ftentimes the `meaning--or ambiguity--of certain words or
phrases may only become evident when placed in context.' So when
deciding whether the language is plain, we must read the words `in
their context and with a view to their place in the overall
statutory scheme.' '' (quoting FDA v. Brown & Williamson Tobacco
Corp., 529 U.S. 120, 132-33 (2000))).
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Consistent with the historical position, this proposed rule would
set fees at a level that ensures recovery of the full operating costs
of USCIS, the entity within DHS that provides almost all immigration
adjudication and naturalization services. See Homeland Security Act of
2002, Public Law 107-

[[Page 62284]]

296, sec. 451, 116 Stat. 2142 (Nov. 26, 2002) (6 U.S.C. 271). The
statute authorizes recovery of the full costs of providing immigration
adjudication and naturalization services. Congress has historically
relied on this authority to support the vast majority of USCIS programs
and operations conducted as part of adjudication and naturalization
service delivery. This conclusion is supported by Congress' historical
appropriations to USCIS. The agency receives only a small annual
appropriation. USCIS must use other means to fund, as a matter of both
discretion and necessity, all other operations.
Certain functions, including the Systematic Alien Verification for
Entitlements (SAVE) program \13\ and the Office of Citizenship,\14\
which USCIS has administered since DHS's inception, are integral parts
of fulfilling USCIS' statutory responsibility to provide immigration
adjudication and naturalization services. They are not associated with
specific fees examined during the biennial fee review, but may be
funded by the IEFA. Similarly, when a filing fee for an immigration
benefit request such as Temporary Protected Status (TPS) is capped by
statute at $50 and does not cover the cost of adjudicating these
benefit requests, DHS may recover the difference with fees charged to
other immigration benefit requests. See INA section 244(c)(1)(B), 8
U.S.C. 1254a(c)(1)(B); 8 CFR 103.7(b)(1)(i)(NN); proposed 8 CFR
106.2(a)(37)(i). Finally, when DHS exempts certain benefit requests
from filing or visa fees, such as, for example, applications or
petitions from victims who assist law enforcement in the investigation
or prosecution of acts of human trafficking (T nonimmigrant status) or
certain other crimes (U nonimmigrant status), USCIS recovers the cost
of processing those fee-exempt visas with fees charged to other
applicants and petitioners. See, e.g., 8 CFR 103.7(b)(1)(i)(UU)-(VV);
proposed 8 CFR 106.2(a)(46)-(47).
---------------------------------------------------------------------------

\13\ USCIS funds the SAVE program by user fees and IEFA funds,
as Congress has not provided any direct appropriated funds for the
program since FY 2007. SAVE provides an ``immigration adjudication .
. . service'' under INA sections 286(m) and (n) to Federal, state
and local agencies who require immigration adjudication information
in administering their benefits.
\14\ The Homeland Security Act created the Office of Citizenship
at the same time as several other mission essential USCIS offices,
such as those for legal, budget, and policy. Like those offices, the
Office of Citizenship has always been considered an essential part
of the ``adjudication and naturalization services'' USCIS provides
under sections 286(m) and (n) of the INA. An integral part of
providing such services, as Congress recognized in creating the
Citizenship office in section 451(f) of the Homeland Security Act (6
U.S.C. 271(f)), includes providing information to potential
applicants for naturalization regarding the process of
naturalization and related activities.
---------------------------------------------------------------------------

In short, the full cost of USCIS operations cannot be as directly
correlated or connected to a specific fee as OMB Circular A-25 advises.
Nonetheless, DHS follows OMB Circular A-25 to the extent appropriate,
including directing that fees should be set to recover the costs of an
agency's services in their entirety and that full costs are determined
based upon the best available records of the agency. Id. DHS applies
the discretion provided in INA section 286(m), 8 U.S.C. 1356(m), to:
(1) Use Activity-Based Costing (ABC) to establish a model for assigning
costs to specific benefit requests in a manner reasonably consistent
with OMB Circular A-25; (2) distribute costs that are not attributed
to, or driven by, specific adjudication and naturalization services;
\15\ and (3) make additional adjustments to effectuate specific policy
objectives.\16\
---------------------------------------------------------------------------

\15\ The ABC model distributes indirect costs. Costs that are
not assigned to specific fee-paying immigration benefit requests are
reallocated to other fee-paying immigration benefit requests outside
the model. For example, the model determines the direct and indirect
costs for refugee workload. The costs associated with processing the
refugee workload are reallocated outside the model to fee-paying
immigration benefit requests.
\16\ DHS may reasonably adjust fees based on value judgments and
public policy reasons where a rational basis for the methodology is
propounded in the rulemaking. See FCC v. Fox Television Stations,
Inc., 556 U.S. 502, 515 (2009); Motor Vehicle Mfrs. Ass'n v. State
Farm Mut. Auto. Ins. Co., 463 U.S. 29 (1983).
---------------------------------------------------------------------------

By approving DHS's annual appropriations, which provide limited
appropriated funds to USCIS, Congress has consistently recognized that
the ``full'' costs of operating USCIS, including SAVE and the Office of
Citizenship, less any appropriated funding, is the appropriate cost
basis for establishing IEFA fees. Nevertheless, in each biennial fee
review, DHS adds refinements to its determination of immigration
benefit fees, including the level by which fees match directly
assignable, associated, and indirect costs.

C. Immigration Examinations Fee Account

USCIS manages three fee accounts:
The IEFA (includes premium processing revenues),\17\
---------------------------------------------------------------------------

\17\ INA sec. 286(m), (n) & (u); 8 U.S.C. 1356(m), (n) & (u).
---------------------------------------------------------------------------

The Fraud Prevention and Detection Account,\18\ and
---------------------------------------------------------------------------

\18\ INA secs. 214(c)(12)-(13), 286(v); 8 U.S.C. 1184(c)(12)-
(13) 1356(v).
---------------------------------------------------------------------------

The H-1B Nonimmigrant Petitioner Account.\19\
---------------------------------------------------------------------------

\19\ INA secs. 214(c)(9), (11), 286(s); 8 U.S.C. 1184(c)(9),
(11), 1356(s).
---------------------------------------------------------------------------

In 1988, Congress established the IEFA in the Treasury of the
United States. See Public Law 100-459, sec. 209, 102 Stat. 2186 (Oct.
1, 1988) (codified as amended at INA sections 286(m) and (n), 8 U.S.C.
1356(m) and (n)). Fees deposited into the IEFA fund the provision of
immigration adjudication and naturalization services. In subsequent
legislation, Congress directed that the IEFA also fund the full costs
of providing all such services, including services provided to
immigrants at no charge. See Public Law 101-515, sec. 210(d)(1) and
(2), 104 Stat. 2101, 2121 (Nov. 5, 1990). Consequently, the immigration
benefit fees were increased to recover these additional costs. See 59
FR 30520 (June 14, 1994). The IEFA comprised approximately 95 percent
of total funding for USCIS in FY 2018 and is the focus of this proposed
rule.
The Fraud Prevention and Detection Account and H-1B Nonimmigrant
Petitioner Account are both funded by statutorily set fees. DHS has no
authority to adjust fees for these accounts.

D. Fee Review History

Most recently, DHS published a revised USCIS fee schedule in its FY
2016/2017 fee rule. See 81 FR 73292 (Oct. 24, 2016).\20\ The rule and
associated fees became effective on December 23, 2016. DHS adjusted the
USCIS immigration benefits fee schedule for the first time in more than
6 years, increasing fees by a weighted average of 21 percent. The fee
schedule adjustment recovered all projected costs for FY 2016-2017,
including the Refugee, Asylum, and International Operations Directorate
(RAIO), SAVE, and the Office of Citizenship. See 81 FR 26911 and 73293.
---------------------------------------------------------------------------

\20\ The phrase ``FY 2016/2017 fee rule,'' as used in this
proposed rule, encompasses the proposed rule, final rule, fee
review, and all supporting documentation associated with the
regulations effective as of December 23, 2016.
---------------------------------------------------------------------------

The fee schedule had been adjusted previously as well. Before the
creation of DHS, the Department of Justice (DOJ) Immigration and
Naturalization Service (INS) \21\ adjusted fees incrementally in 1994.
See 59 FR 30520 (June 14, 1994).

[[Page 62285]]

DOJ conducted a comprehensive fee review using activity-based costing
(ABC) and adjusted most IEFA fees in 1998. See 63 FR 1775 (Jan. 12,
1998) (proposed rule); 63 FR 43604 (Aug. 14, 1998) (final rule). DOJ
adjusted fees for small volume workloads in 2000. See 64 FR 26698 (May
17, 1999) (proposed rule); 64 FR 69883 (Dec. 15, 1999) (final rule).
DOJ adjusted fees by inflation in 2002. See 66 FR 65811 (Dec. 21,
2001). Following the creation of DHS, it adjusted fees in 2004 and
2005. See 69 FR 20528 (Apr. 15, 2004); 70 FR 56182 (Sept. 26, 2005).
After those incremental changes, DHS published a comprehensive FY 2007
fee rule. See 72 FR 29851 (May 30, 2007). DHS further amended USCIS
fees in the FY 2010/2011 fee rule. See 75 CFR 58962 (Sept. 24, 2010).
This rule removed the costs of the RAIO Directorate, SAVE, and the
Office of Citizenship from the fee schedule, in anticipation of
appropriations from Congress that DHS requested. See 75 FR 58961,
58966. These resources did not fully materialize, requiring USCIS to
use other fee revenue to support the programs in the FY 2016/2017 fee
rule. See 81 FR 26910-12.
---------------------------------------------------------------------------

\21\ The Homeland Security Act of 2002 abolished the INS and
transferred the INS's immigration administration and enforcement
responsibilities from DOJ to DHS. The INS's immigration and
citizenship services functions were specifically transferred to the
Bureau of Citizenship and Immigration Services, later renamed U.S.
Citizenship and Immigration Services. See Public Law 107-296, 451 (6
U.S.C. 271).
---------------------------------------------------------------------------

The supporting documentation accompanying this proposed rule in the
rulemaking docket at www.regulations.gov contains a historical fee
schedule that shows the immigration benefit fee history since October
2005.
Table 1 summarizes the IEFA and biometric services fee schedule
that took effect on December 23, 2016. DHS is proposing to change the
current fee schedule as a result of the FY 2019/2020 fee review. The
table excludes statutory fees that DHS cannot adjust or can only adjust
by inflation.

Table 1--Non-Statutory IEFA Immigration Benefit Request Fees
------------------------------------------------------------------------
Form No.\22\ Title Fee
------------------------------------------------------------------------
G-1041..................... Genealogy Index Search $65
Request.
G-1041A.................... Genealogy Records Request.. 65
I-90....................... Application to Replace 455
Permanent Resident Card.
I-102...................... Application for Replacement/ 445
Initial Nonimmigrant
Arrival-Departure Document.
I-129/129CW................ Petition for a Nonimmigrant 460
Worker.
I-129F..................... Petition for Alien 535
Fianc[eacute](e).
I-130...................... Petition for Alien Relative 535
I-131 \23\................. Application for Travel 575
Document.
I-131A..................... Application for Carrier 575
Documentation.
I-140...................... Immigrant Petition for 700
Alien Worker.
I-191...................... Application for Relief 930
Under Former Section
212(c) of the Immigration
and Nationality Act (INA)
\24\.
I-192...................... Application for Advance \25\ 930/585
Permission to Enter as
Nonimmigrant.
I-193...................... Application for Waiver of 585
Passport and/or Visa.
I-212...................... Application for Permission 930
to Reapply for Admission
into the U.S. After
Deportation or Removal.
I-290B..................... Notice of Appeal or Motion. 675
I-360...................... Petition for Amerasian, 435
Widow(er), or Special
Immigrant.
I-485...................... Application to Register 1,140
Permanent Residence or
Adjust Status.
I-485...................... Application to Register 750
Permanent Residence or
Adjust Status (certain
applicants under the age
of 14 years) \26\.
I-526...................... Immigrant Petition by Alien 3,675
Entrepreneur.
I-539...................... Application to Extend/ 370
Change Nonimmigrant Status.
I-600...................... Petition to Classify Orphan 775
as an Immediate Relative.
I-600A..................... Application for Advance 775
Processing of an Orphan
Petition.
I-601...................... Application for Waiver of 930
Grounds of Inadmissibility.
I-601A..................... Application for Provisional 630
Unlawful Presence Waiver.
I-612...................... Application for Waiver of 930
the Foreign Residence
Requirement (Under Section
212(e) of the INA, as
Amended).
I-687...................... Application for Status as a 1,130
Temporary Resident under
Section 245A of the
Immigration and
Nationality Act.
I-690...................... Application for Waiver of 715
Grounds of Inadmissibility.
I-694...................... Notice of Appeal of 890
Decision under Section 210
or 245A.
I-698...................... Application to Adjust 1,670
Status from Temporary to
Permanent Resident (Under
Section 245A of the INA)
\27\.
I-751...................... Petition to Remove the 595
Conditions of Residence.
I-765...................... Application for Employment 410
Authorization.
I-800...................... Petition to Classify 775
Convention Adoptee as an
Immediate Relative.
I-800A..................... Application for 775
Determination of
Suitability to Adopt a
Child from a Convention
Country.
I-800A Supp. 3............. Request for Action on 385
Approved Form I-800A.
I-817...................... Application for Family 600
Unity Benefits.
I-824...................... Application for Action on 465
an Approved Application or
Petition.
I-829...................... Petition by Entrepreneur to 3,750
Remove Conditions on
Permanent Resident Status.
I-881...................... Application for Suspension 285/570
of Deportation or Special
Rule Cancellation of
Removal \28\.
I-910...................... Application for Civil 785
Surgeon Designation.
I-924...................... Application for Regional 17,795
Center Designation Under
the Immigrant Investor
Program.
I-924A..................... Annual Certification of 3,035
Regional Center.
I-929...................... Petition for Qualifying 230
Family Member of a U-1
Nonimmigrant.
I-941...................... Application for 1,200
Entrepreneur Parole \29\.
N-300...................... Application to File 270
Declaration of Intention.
N-336...................... Request for a Hearing on a 700
Decision in Naturalization
Proceedings.
N-400...................... Application for 640
Naturalization.
N-400...................... Application for 320
Naturalization (Reduced
Fee).
N-470...................... Application to Preserve 355
Residence for
Naturalization Purposes.
N-565...................... Application for Replacement 555
Naturalization/Citizenship
Document.
N-600...................... Application for 1,170
Certification of
Citizenship.
N-600K..................... Application for Citizenship 1,170
and Issuance of
Certificate Under Section
322.
USCIS Immigrant Fee........ 220

[[Page 62286]]

Biometric Services Fee..... 85
------------------------------------------------------------------------

IV. FY 2019/2020 Immigration Examinations Fee Account Fee Review

---------------------------------------------------------------------------

\22\ Form, when used in connection with a benefit or other
request to be filed with DHS to request an immigration benefit,
means a device for the collection of information in a standard
format that may be submitted in a paper format or an electronic
format as prescribed by USCIS on its official internet website. The
term ``Form'' followed by an immigration form number includes an
approved electronic equivalent of such form as made available by
USCIS on its official internet website. See 8 CFR 1.2 and 299.1. The
word ``form'' is used in this final rule in both the specific and
general sense.
\23\ As described in the NPRM, the United States' obligations
under the 1967 Protocol relating to the Status of Refugees
(incorporating by reference Article 28 of the 1951 Convention
relating to the Status of Refugees) guide the Application for Travel
Document fees for a Refugee Travel Document. The USCIS ABC model
does not set these fees. See 8 CFR 103.7(b)(1)(i)(M)(2) and (3).
\24\ Form I-191 was previously titled Application for Advance
Permission to Return to Unrelinquished Domicile. See 8 CFR
103.7(b)(1)(i)(O).
\25\ The Form I-192 fee remained $585 when filed with and
processed by CBP. See 8 CFR 103.7(b)(1)(i)(P).
\26\ This reduced fee is applied to ``an applicant under the age
of 14 years when [the application] is (i) submitted concurrently
with the Form I-485 of a parent, (ii) the applicant is seeking to
adjust status as a derivative of his or her parent, and (iii) the
child's application is based on a relationship to the same
individual who is the basis for the child's parent's adjustment of
status, or under the same legal authority as the parent.'' 8 CFR
103.7(b)(1)(i)(U)(2).
\27\ The form's name in the current fee provision at 8 CFR
103.7(b)(1)(i)(GG) is ``Application to Adjust Status from Temporary
to Permanent Resident (Under section 245A of Public Law 99-603).''
\28\ Currently there are two USCIS fees for Form I-881: $285 for
individuals and $570 for families. See 8 CFR 103.7(b)(1)(i)(QQ)(1).
DOJ's Executive Office for Immigration Review (EOIR) has a separate
$165 fee.
\29\ USCIS excluded Form I-941, Application for Entrepreneur
Parole, from the FY 2019/2020 fee review. As such, it will not
appear in tables for workload, fee-paying volume, or elsewhere in
this NPRM. DHS published a separate NPRM that proposed to terminate
the program. See 83 FR 24415 (June 28, 2018). DHS does not propose
any changes to this fee.
---------------------------------------------------------------------------

A. USCIS Projected Costs and Revenue

The primary objective of the fee review is to determine whether
current immigration and naturalization benefit fees will generate
sufficient revenue to fund anticipated operating costs associated with
administering USCIS' role in the nation's legal immigration system.
USCIS examines its recent budget history, service levels, and
immigration trends to forecast costs, revenue, and operational metrics.
This data helps USCIS identify the difference between anticipated costs
and revenue as well as calculate proposed fees. The FY 2019/2020 fee
review encompasses three core elements:
Cost projections;
Revenue projections; and
Cost and revenue differential (the difference between cost
and revenue projections).
1. Cost Projections
USCIS' FY 2018 annual operating plan (AOP) is the basis for the FY
2019/2020 cost projections. These estimates reflect the funding
necessary to maintain an adequate level of operations and do not
include program increases for new development, modernization, or
acquisition. Cost projections also include funding for enhancements
that facilitate the processing of additional workload. Examples of
items in the cost projections include:
Transfer of funding to U.S. Immigration and Customs
Enforcement ($207.6 million in FY 2019 and FY 2020). This item is
explained in section IV.A.1.a., Use IEFA Fee Collections to Fund
Immigration Adjudication Services Performed by ICE.
Pay and benefits adjustments for on-board staff ($280.2
million in FY 2019 and $89.8 million in FY 2020). Pay adjustments
account for cost of living adjustments, within-grade pay increases, and
the annualization of prior-year vacancies. The government-wide cost of
living adjustment rate assumption is 2.0 percent for both FY 2019 and
FY 2020. Within-grade pay increases are routine raises awarded to
general schedule employees, based on length of service and performance
at an acceptable level of competence. Annualization of prior-year
vacancies account for a full-year cost of salaries and benefits for
positions that were on-board for only a portion of FY 2018.
Pay and benefits for new staff ($116.7 million in FY 2019
and $128.8 million in FY 2020). Projected FY 2019 and FY 2020 workloads
exceed current workload capacity, thereby requiring additional staff.
The FY 2018 Staffing Allocation Model \30\ and new staff enhancement
requests yield an additional 2,098 positions necessary to meet
adjudicative processing goals and other USCIS mission objectives,
including administrative functions. In total, the FY 2016/2017 fee rule
assumed a total authorized staffing level of 14,543, whereas estimates
used for this proposed rule reflect 20,958. This represents an increase
of 6,415 or 44 percent. This additional staffing requirement reflects
the facts that it takes USCIS longer to adjudicate many workloads than
was planned for in the FY 2016/2017 fee rule and that workload volumes,
particularly for work types that do not currently generate fee revenue,
have grown.
---------------------------------------------------------------------------

\30\ The Staffing Allocation Model is a Microsoft Excel-based
workforce planning tool that estimates the staffing requirements
necessary to adjudicate workload receipt (for example, applications
and petitions) forecasts at target processing times.
---------------------------------------------------------------------------

Net additional costs ($150.8 million in FY 2019 and $6.2
million in FY 2020). In addition to non-pay general expenses associated
with on-boarding the new staff described above, these costs include
other enhancement requests such as secure mail shipping for permanent
resident cards, increased background investigations, headquarters
consolidation, etc. The additional resources are to sustain current
operations necessary for achieving USCIS' strategic goals. USCIS
considered all cost data that was available at the time it conducted
this fee review, including data on cost-saving measures. It does not
account for recent cost-savings initiatives for which data were not yet
available at the time of this fee review. However, USCIS intends to
fully evaluate and capture any relevant cost-savings data during its
next biennial fee review.
Table 2 is a crosswalk summary of the FY 2018 AOP to the FY 2019/
2020 cost projections. It accounts for pay and non-pay general expenses
for on-board and new staff, other resource requirements or adjustments,
and the removal of costs associated with temporary programs such as
TPS. FY 2019 cost projections are 20 percent higher than FY 2018 costs.
FY 2020 cost projections are 5 percent higher than FY 2019 cost
projections. The FY 2019/2020 average annual budget is $4,670.5
million. This represents a $1,632.5 million, or 54 percent, increase
over the FY 2016/2017 fee rule average annual budget of $3,038.0
million. The primary cost driver is payroll, which accounts for 30.9
percent of the increase from the prior fee rule average annual budget.

[[Page 62287]]

The funding transfer to ICE accounts for about 6 percentage points
(i.e., 28.5 percent) of the 21 percent total weighted average fee
increase.

Table 2--Cost Projections
[FY 2019/2020 fee review IEFA non-premium budget (in millions)]
------------------------------------------------------------------------

------------------------------------------------------------------------
Total Base FY 2018 IEFA Non-Premium Budget.............. $3,585.6
Plus: Spending Adjustments.............................. 217.2
---------------
Total Adjusted FY 2018 IEFA Non-Premium Budget...... 3,802.8
Plus: Transfer to ICE................................... 207.6
Plus: Pay Inflation and Promotions/Within Grade 280.2
Increases..............................................
Plus: Net Additional Costs.............................. 267.5
---------------
Total Adjusted FY 2019 IEFA Non-Premium Budget...... 4,558.1
Plus: Pay Inflation and Promotions/Within Grade 218.6
Increases..............................................
Plus: Net Additional Costs.............................. 6.2
---------------
Total Adjusted FY 2020 IEFA Non-Premium Budget...... 4,782.9
---------------
FY 2019/2020 Average Non-Premium Budget......... 4,670.5
------------------------------------------------------------------------

a. Use IEFA Fee Collections To Fund Immigration Adjudication Services
Performed by ICE
The President's FY 2019 and FY 2020 budget requests include a
$207.6 million transfer of IEFA funds to ICE. DHS proposes to use USCIS
fees to recover the full amount of this proposed transfer.\31\
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\31\ For additional information on ICE's FY 2019 costs, see
pages 46 and 254-263 (called ICE--O&S-20 and ICE--IEFA-1-10,
respectively, in the presentation) of the DHS ICE FY 2019
Congressional Justification located at https://www.dhs.gov/sites/default/files/publications/U.S.%20Immigration%20and%20Customs%20Enforcement.pdf. For
information of ICE's FY 2020 costs, see pages 261-270 (called ICE--
IEFA-3) of the DHS ICE FY 2020 Congressional Justification located
at https://www.dhs.gov/sites/default/files/publications/19_0318_MGMT_CBJ-Immigration-Customs-Enforcement_0.pdf.
---------------------------------------------------------------------------

DHS may use fees deposited into the IEFA to fund the expenses of
providing immigration adjudication and naturalization services and the
cost of collection, safeguarding, and accounting for the IEFA funds.
See INA section 286(m), 8 U.S.C. 1356(m). Funds deposited into the IEFA
are primarily used by USCIS, but they may also be used to reimburse
other DHS components, including ICE, for qualifying costs. DHS proposes
to recover, via USCIS' fee schedule, the full amount of the proposed
transfer from past budget requests. See INA section 286(n); 8 U.S.C.
1356(n). DHS will transfer funds annually from the IEFA to ICE's
appropriations so as to reimburse those appropriations for the cost of
providing qualifying services, which will increase the level of service
provided beyond current levels.
DHS ``immigration adjudication and naturalization services'' do not
end with a decision to approve or deny a request. USCIS and ICE, as
components of DHS, share a responsibility to ensure the integrity of
the U.S. immigration system beyond the moment of adjudication. DHS
believes that ICE investigations of potential immigration fraud
perpetrated by individuals and entities who have sought immigration
benefits before USCIS and efforts to enforce applicable immigration law
and regulations with regard to such individuals and entities constitute
direct support of immigration adjudication and naturalization services.
Thus, the IEFA may fund ICE enforcement and support positions, as well
as ancillary costs, to the extent that such positions and costs support
immigration adjudication and naturalization services. ICE HSI could use
funds transferred from the IEFA to support investigations of
immigration benefit fraud via Document and Benefit Fraud Task Forces
(DBFTFs), Operation Janus, and the HSI National Lead Development
Center. DBFTFs facilitate information sharing and coordination among
ICE, USCIS, other federal entities, as well as state and local law
enforcement for the purpose of investigating document and benefit fraud
in support of immigration and naturalization services. Operation Janus
is a joint initiative including USCIS and ICE to ensure that
individuals who have a previous order of removal have not and will not
be able to fraudulently obtain immigration benefits under an alternate
identity, thus ensuring the integrity of the immigration adjudication
and naturalization services provided by USCIS. The HSI National Lead
Development Center will receive referrals and review investigative
leads as part of investigations into immigration fraud. Considering
what constitutes immigration adjudication and naturalization services
and collection, safeguarding, and accounting expenses under INA
sections 286(m), (n), 8 U.S.C. 1356(m), (n), adjudication and
naturalization services includes all costs for work related to
determining or adjudicating whether applicants may receive such
services. The cost of the services provided includes the cost of any
investigatory work necessary to adjudicate applications or provide
services, including investigations of fraud. Therefore, these
activities constitute support of immigration adjudication and
naturalization services.
Moreover, while transfers between appropriations are generally
prohibited absent statutory authority, INA section 286(n), 8 U.S.C.
1356(n), expressly authorizes the use of the fees deposited in the IEFA
to reimburse any appropriation for expenses in providing immigration
adjudication and naturalization services. DHS has determined that the
IEFA may be used to reimburse appropriations that fund enforcement and
support positions to the extent that such positions support
adjudication and naturalization services. Therefore, DHS proposes to
recover the costs through the USCIS fee schedule. To see how the ICE
transfer affects proposed fees, see section VII. Other Possible Fee
Scenarios in this preamble.\32\
---------------------------------------------------------------------------

\32\ The Administration has notified Congress of its intention
to shift the cost of these ICE activities from annual appropriations
to IEFA. See previous footnotes. If Congress rejects the
Administration's proposal, or if DHS does not ultimately shift these
costs from annual appropriations to IEFA, USCIS will not include
this use of these funds in its fee model for the final rule.
---------------------------------------------------------------------------

The aforementioned cost projections serve as the basis for the
additional ICE revenue of $207.6 million covered by this rule. DHS
recognizes that the

[[Page 62288]]

$207.6 million previously identified in budget requests may propose to
transfer more funding to ICE than is needed to fund activities that are
reimbursable through the IEFA. DHS continues to study which ICE costs
would be reimbursable through the IEFA, and may announce more precise
cost estimates prior to publication of a final rule. To the extent that
such cost estimates are lower than the $207.6 million figure currently
accounted for in the rule, fee levels would be revised downward.\33\
---------------------------------------------------------------------------

\33\ The possible effects of a different level of ICE costs to
be funded by USCIS benefit request fees is discussed further in VII.
Other Possible Fee Scenarios.
---------------------------------------------------------------------------

DHS proposes to establish all USCIS fees at a level necessary to
recover the full amount of this proposed transfer. However, in the
final rule, DHS may establish a separate surcharge for the amount
necessary to recover the estimated funds to be transferred to ICE. The
surcharge would be separately codified, but collected along with the
fee for each benefit request for which a fee is established in the
final rule. DHS encourages comments on the method used to recover the
ICE adjudication and naturalization service costs.
2. Revenue Projections
USCIS' revenue projections are informed by internal immigration
benefit request receipt forecasts and 12 months of historical actual
fee-paying receipts to account for fee-waiver/fee-exemption trends.
USCIS uses actual revenue collections from June 2016 to May 2017 as a
basis for the fee-paying assumptions in the FY 2019/2020 revenue
projections.
USCIS' current fee schedule is expected to yield $3.41 billion of
average annual revenue during the FY 2019/2020 biennial period. This
represents a $0.93 billion, or 38 percent, increase from the FY 2016/
2017 fee rule projection of $2.48 billion. See 81 FR 26911. The
projected revenue increase is due to higher fees as a result of the FY
2016/2017 fee rule and more anticipated fee-paying receipts. The FY
2016/2017 fee rule forecasted 5,870,989 total workload receipts and
5,140,415 fee-paying receipts. See 81 FR 26923-4. However, the FY 2019/
2020 fee review forecasts 9,336,015 total workload receipts and
7,789,861 fee-paying receipts. This represents a 59 percent increase to
workload and 52 percent increase to fee-paying receipt volume
assumptions. Despite the increase in projected revenue above the FY
2016/2017 fee rule projection, this additional revenue is insufficient
to recover USCIS' increased costs, as discussed in the next section.
3. Cost and Revenue Differential
USCIS identifies the difference between anticipated costs and
revenue, assuming no changes in fees, to determine whether the existing
fee schedule is sufficient to recover full costs or whether a fee
adjustment is necessary. Table 3 summarizes the projected cost and
revenue differential. Summary values may vary due to rounding.

Table 3--IEFA Non-Premium Cost and Revenue Comparison
[Dollars in millions]
----------------------------------------------------------------------------------------------------------------
FY 2019/2020
Fiscal year FY 2019 FY 2020 average
----------------------------------------------------------------------------------------------------------------
Non-Premium Revenue............................................. $3,408.2 $3,408.2 $3,408.2
Non-Premium Budget.............................................. 4,558.1 4,782.9 4,670.5
-----------------------------------------------
Difference.................................................. -1,149.9 -1,374.7 -1,262.3
----------------------------------------------------------------------------------------------------------------

Historically, and for the purpose of the fee review, USCIS reports
costs and revenue as an average over the 2-year period. In Table 3, FY
2019 and 2020 costs and revenue are averaged to determine the projected
amounts to be recovered through this rule. Based on current immigration
benefit and biometric services fees and projected volumes, USCIS
expects fees to generate $3.41 billion in average annual revenue in FY
2019 and FY 2020. For the same period, the average annual cost of
processing those immigration benefit requests and providing biometric
services is $4.67 billion. This yields an average annual deficit of
$1.26 billion. In other words, USCIS expects projected FY 2019/2020
total operating costs to exceed projected total revenue.
Because projected costs are higher than projected revenue, USCIS
has several options to address the shortfall:
1. Reduce projected costs;
2. Use carryover funds or revenue from the recovery of prior year
obligations; or
3. Adjust fees with notice and comment rulemaking.
DHS believes that reducing the projected costs to equal the
projected revenue would risk degrading USCIS operations funded by the
IEFA. However, DHS did assess several possible fee review budgets. For
example, the effect of the $207.6 million transfer from USCIS to ICE is
shown below in section VII. Other Possible Fee Scenarios. Projected
carryover is negative in both FY 2019 and FY 2020 and thus eliminating
this transfer is insufficient to bridge the gap between projected costs
and revenue.\34\ Likewise, USCIS estimates that recovered revenue from
prior year obligations will be insufficient. USCIS estimates that it
may recover $91.9 million in FY 2019 and $94.2 million in FY 2020 for
the non-premium IEFA. Therefore, DHS proposes to increase revenue
through the fee adjustments described in detail throughout this rule.
---------------------------------------------------------------------------

\34\ In the docket for this proposed rule, the FY 2019/2020
Immigration Examinations Fee Account Fee Review Supporting
Documentation has more information. See the section titled IEFA Non-
Premium Carryover Projections & Targets.
---------------------------------------------------------------------------

B. Methodology

When conducting a fee review, USCIS reviews its recent operating
environment to determine the appropriate method to assign costs to
immigration benefit requests, including biometric services. USCIS uses
activity-based costing (ABC), a business management tool that assigns
resource costs to operational activities and then to products and/or
services. USCIS uses commercially available ABC software to create
financial models. These models determine the cost of each major step
towards processing immigration benefit requests and providing biometric
services. This is the same methodology that USCIS used in the last five
fee reviews, and it is the basis for the current fee structure.
Following the FY 2016/2017 fee rule, USCIS identified several key
methodology changes to improve the accuracy of its ABC model.

[[Page 62289]]

Please refer to the Methodology Changes Implemented in the FY 2019/2020
Fee Review section of the Supporting Documentation located in the
docket of this rule.
1. Volume
USCIS uses two types of volume data in the fee review: Workload and
fee-paying volume. Workload volume is a projection of the total number
of immigration benefit requests that USCIS will receive in a fiscal
year. Fee-paying volume is a projection of the number of applicants,
petitioners, and requestors that will pay a fee when filing requests
for immigration benefits. Not all applicants, petitioners, or
requestors pay a fee. Those applicants, petitioners, and requestors for
whom USCIS grants a fee waiver or to whom an exemption applies are
represented in the workload volume, but not the fee-paying volume.
Applicants, petitioners, and requestors who pay a fee fund the cost of
processing requests for fee-waived or fee-exempt immigration benefit
requests.
a. Workload Volume and Volume Projection Committee
USCIS uses statistical modeling, immigration receipt data from the
last 15 years, and internal assessments of future developments (such as
annualized data prepared by the USCIS Office of Performance and
Quality) to develop workload volume projections. All relevant USCIS
directorates and program offices are represented on the USCIS Volume
Projection Committee (VPC). The VPC forecasts USCIS workload volume
using subject matter expertise from various directorates and program
offices, including the Service Centers, National Benefits Center, RAIO,
and regional, district, and field offices. Input from these offices
helps refine the volume projections. The VPC reviews short- and long-
term volume trends. In most cases, time series models provide volume
projections by form type. Time series models use historical receipts
data to determine patterns (such as level, trend, and seasonality) or
correlations with historical events to forecast receipts. When
possible, models are also used to determine relationships between
different benefit request types. Workload volume is a key element used
to determine the USCIS resources needed to process benefit requests
within established adjudicative processing goals. It is also the
primary cost driver for assigning activity costs to immigration
benefits and biometric services \35\ in the USCIS ABC model.
---------------------------------------------------------------------------

\35\ As fully explained later in this preamble, DHS is removing
biometric services as a separate fee in this rule, except as
associated with an Application for Temporary Protected Status and
certain other programs. Accordingly, N/A is included in the average
annual FY 2019/2020 projected workload receipts and difference
columns for biometrics in Table 4.

Table 4--Workload Volume Comparison
----------------------------------------------------------------------------------------------------------------
Average annual FY 2016/ Average annual FY 2019/
Immigration benefit request 2017 projected 2020 projected Difference
workload receipts workload receipts
----------------------------------------------------------------------------------------------------------------
I-90 Application to Replace Permanent 810,707 767,020 -43,687
Resident Card.......................
I-102 Application for Replacement/ 10,143 7,700 -2,443
Initial Nonimmigrant Arrival-
Departure Document..................
I-129 Petition for a Nonimmigrant 432,156 553,266 121,110
Worker Subtotal.....................
I-129H1.......................... N/A 423,304 N/A
I-129H2A--Named Beneficiaries.... N/A 3,962 N/A
I-129H2B--Named Beneficiaries.... N/A 2,256 N/A
I-129L........................... N/A 41,502 N/A
I-129O........................... N/A 25,456 N/A
I-129CW, I-129E&TN, and I-129MISC N/A 43,491 N/A
I-129H2A--Unnamed Beneficiaries.. N/A 8,981 N/A
I-129H2B--Unnamed Beneficiaries.. N/A 4,315 N/A
I-129F Petition for Alien 45,351 52,000 6,649
Fianc[eacute](e)....................
I-130 Petition for Alien Relative.... 911,349 984,107 72,758
I-131/I-131A Application for Travel 256,622 480,834 224,212
Document Subtotal...................
I-131 Application for Travel N/A 449,073 N/A
Document........................
I-131 Refugee Travel Document for N/A 20,714 N/A
an individual age 16 or older...
I-131 Refugee Travel Document for N/A 1,248 N/A
a child under the age of 16.....
I-131A Application for Carrier N/A 9,799 N/A
Documentation...................
I-140 Immigrant Petition for Alien 88,602 161,000 72,398
Worker..............................
I-290B Notice of Appeal or Motion.... 24,706 24,050 -656
I-360 Petition for Amerasian, 26,428 42,873 16,445
Widow(er) or Special Immigrant......
I-485 Application to Register 593,717 632,500 38,783
Permanent Residence or Adjust Status
I-526 Immigrant Petition by Alien 14,673 14,000 -673
Entrepreneur........................
I-539 Application to Extend/Change 172,001 231,000 58,999
Nonimmigrant Status.................
I-589 Application for Asylum and for N/A 163,000 N/A
Withholding of Removal..............
I-600/600A; I-800/800A Intercountry 15,781 11,776 -4,005
Adoption-Related Petitions and
Applications........................
I-600A/I-600 Supplement 3 Request for N/A 1,500 N/A
Action on Approved Form I-600A/I-600
I-601A Provisional Unlawful Presence 42,724 67,000 24,276
Waiver..............................
I-687 Application for Status as a 18 0 -18
Temporary Resident..................
I-690 Application for Waiver of 21 30 9
Grounds of Inadmissibility..........
I-694 Notice of Appeal of Decision... 39 10 -29
I-698 Application to Adjust Status 91 100 9
from Temporary to Permanent Resident
(Under Section 245A of the INA).....
I-751 Petition to Remove Conditions 173,000 156,000 -17,000
on Residence on Permanent Resident
Status..............................
I-765 Application for Employment 747,825 2,851,000 2,103,175
Authorization.......................
I-800A Supplement 3 Request for 1,585 1,500 -85
Action on Approved Form I-800A......
I-817 Application for Family Unity 2,069 1,400 -669
Benefits............................
I-821D Consideration of Deferred N/A 396,000 N/A
Action for Childhood Arrivals
(Renewal)...........................
I-824 Application for Action on an 10,921 11,303 382
Approved Application or Petition....
I-829 Petition by Entrepreneur to 3,562 3,500 -62
Remove Conditions on Permanent
Resident Status.....................
I-881 Application for Suspension of N/A 340 N/A
Deportation or Special Rule
Cancellation of Removal.............
I-910 Application for Civil Surgeon 609 530 -79
Designation.........................

[[Page 62290]]

I-924 Application For Regional Center 400 520 120
Designation Under the Immigrant
Investor Program....................
I-924A Annual Certification of 882 950 68
Regional Center.....................
I-929 Petition for Qualifying Family 575 2,200 1,625
Member of a U-1 Nonimmigrant........
N-300 Application to File Declaration 41 4 -37
of Intention........................
N-336 Request for a Hearing on a 4,666 4,700 34
Decision in Naturalization
Proceedings.........................
N-400 Application for Naturalization. 830,673 913,500 82,827
N-470 Application to Preserve 362 110 -252
Residence for Naturalization
Purposes............................
N-565 Application for Replacement 28,914 28,000 -914
Naturalization/Citizenship Document.
N-600/600K Application for 69,723 64,000 -5,723
Certificate of Citizenship Subtotal.
N-600 Application for Certificate N/A 61,000 N/A
of Citizenship..................
N-600K Application for N/A 3,000 N/A
Citizenship and Issuance of
Certificate Under Section 322...
Inadmissibility Waiver Subtotal...... 71,527 105,492 33,965
I-191 Application for Relief N/A 260 N/A
Under Former Section 212(c) of
the Immigration and Nationality
Act (INA).......................
I-192 Application for Advance N/A 69,557 N/A
Permission to Enter as
Nonimmigrant....................
I-193 Application for Waiver of N/A 7,763 N/A
Passport and/or Visa............
I-212 Application for Permission N/A 6,132 N/A
to Reapply for Admission into
the U.S. After Deportation or
Removal.........................
I-601 Application for Waiver of N/A 21,000 N/A
Ground of Excludability.........
I-612 Application for Waiver of N/A 780 N/A
the Foreign Residence
Requirement (Under Section
212(e) of the INA, as Amended)..
USCIS Immigrant Fee.................. 472,511 594,000 121,489
G-1041 Genealogy Index Search Request 3,605 4,650 1,045
G-1041A Genealogy Records Request.... 2,410 2,550 140
--------------------------------------------------------------------------
Subtotal......................... 5,870,989 9,336,015 3,508,026
Biometric Services................... 3,028,254 N/A N/A
--------------------------------------------------------------------------
Total............................ 8,899,243 9,336,015 479,772
----------------------------------------------------------------------------------------------------------------

b. Fee-Paying Volume
USCIS uses historical revenue and receipt data to determine the
number of individuals who paid a fee for each immigration benefit
request. Total revenue for an immigration benefit request is divided by
its fee to determine the number of fee-paying immigration benefit
requests. Fee-paying receipts are compared to the total number of
receipts (workload volume) to determine a fee-paying percentage for
each immigration benefit request. When appropriate, projected fee-
paying volume is adjusted to reflect filing trends and anticipated
policy changes. These projections include the effects of changes that
DHS is proposing in this rule to fee waiver policies, the
discontinuation of free interim benefits while an Application to
Register Permanent Residence or Adjust Status is pending, as well as
the introduction of fees for Form I-589, Application for Asylum and for
Withholding of Removal and Form I-182D, Consideration of Deferred
Action for Childhood Arrivals (Renewal).\36\ Some immigration benefit
request volumes include estimated fee-paying volumes from CBP.\37\
---------------------------------------------------------------------------

\36\ See section V.C. Fee Waivers of this preamble for more
information on the proposed changes.
\37\ See section V.R. Fees Shared by CBP and USCIS of this
preamble for more information.

Table 5--Fee-Paying Projection Comparison
----------------------------------------------------------------------------------------------------------------
Average annual FY 2016/ Average annual FY 2019/
Immigration benefit request 2017 fee-paying 2020 fee-paying Difference
projection projection
----------------------------------------------------------------------------------------------------------------
I-90 Application to Replace Permanent 718,163 682,722 -35,442
Resident Card.......................
I-102 Application for Replacement/ 9,499 7,155 -2,344
Initial Nonimmigrant Arrival-
Departure Document..................
I-129 Petition for a Nonimmigrant 427,778 553,266 125,488
Worker Subtotal.....................
I-129H1.......................... N/A 423,304 N/A
I-129H2A--....................... N/A 3,962 N/A
Named Beneficiaries..............
I-129H2B--Named Beneficiaries.... N/A 2,256 N/A
I-129L........................... N/A 41,502 N/A
I-129O........................... N/A 25,456 N/A
I-129CW, I-129E&TN, and I-129MISC N/A 43,491 N/A
I-129H2A--Unnamed Beneficiaries.. N/A 8,981 N/A
I-129H2B--Unnamed Beneficiaries.. N/A 4,315 N/A
I-129F Petition for Alien 39,277 47,923 8,646
Fianc[eacute](e)....................
I-130 Petition for Alien Relative.... 907,512 976,398 68,886
I-131/I-131A Application for Travel 194,461 322,829 128,368
Document Subtotal...................
I-131 Application for Travel N/A 291,068 N/A
Document........................
I-131 Refugee Travel Document for N/A 20,714 N/A
an individual age 16 or older...
I-131 Refugee Travel Document for N/A 1,248 N/A
a child under the age of 16.....
I-131A Application for Carrier N/A 9,799 N/A
Documentation...................
I-140 Immigrant Petition for Alien 88,602 161,000 72,398
Worker..............................
I-290B Notice of Appeal or Motion.... 20,955 20,705 -250

[[Page 62291]]

I-360 Petition for Amerasian, 8,961 4,224 -4,737
Widow(er) or Special Immigrant......
I-485 Application to Register 473,336 510,926 37,590
Permanent Residence or Adjust Status
I-526 Immigrant Petition by Alien 14,673 14,000 -673
Entrepreneur........................
I-539 Application to Extend/Change 171,616 223,903 52,287
Nonimmigrant Status.................
I-589 Application for Asylum and for N/A 163,000 N/A
Withholding of Removal..............
I-600/600A; I-800/800A Orphan 5,811 6,142 331
Petitions and Applications..........
I-600A/I-600 Supplement 3 Request for N/A 768 N/A
Action on Approved Form I-600A/I-600
I-601A Provisional Unlawful Presence 42,724 67,000 24,276
Waiver..............................
I-687 Application for Status as a 0 0 0
Temporary Resident..................
I-690 Application for Waiver of 17 25 8
Grounds of Inadmissibility..........
I-694 Notice of Appeal of Decision... 39 10 -29
I-698 Application to Adjust Status 91 100 9
from Temporary to Permanent Resident
(Under Section 245A of the INA).....
I-751 Petition to Remove Conditions 162,533 148,918 -13,615
on Residence........................
I-765 Application for Employment 397,954 1,846,491 1,448,537
Authorization.......................
I-800A Supplement 3 Request for 746 768 22
Action on Approved Form I-800A......
I-817 Application for Family Unity 1,988 1,368 -620
Benefits............................
I-821D Consideration of Deferred N/A 396,000 N/A
Action for Childhood Arrivals
(Renewal)...........................
I-824 Application for Action on an 10,828 11,147 319
Approved Application or Petition....
I-829 Petition by Entrepreneur to 3,562 3,500 -62
Remove Conditions on Permanent
Resident Status.....................
I-881 Application for Suspension of N/A 340 N/A
Deportation or Special Rule
Cancellation of Removal.............
I-910 Application for Civil Surgeon 609 530 -79
Designation.........................
I-924 Application For Regional Center 400 520 120
Designation Under the Immigrant
Investor Program....................
I-924A Annual Certification of 882 950 68
Regional Center.....................
I-929 Petition for Qualifying Family 257 1012.5 756
Member of a U-1 Nonimmigrant........
N-300 Application to File Declaration 36 4 -32
of Intention........................
N-336 Request for a Hearing on a 3,593 3,873 280
Decision in Naturalization
Proceedings.........................
N-400 Application for Naturalization. 631,655 811,730 180,075
N-470 Application to Preserve 360 107 -253
Residence for Naturalization
purposes............................
N-565 Application for Replacement 23,491 23,458 -34
Naturalization/Citizenship Document.
N-600/600K Naturalization Certificate 46,870 49,826 2,956
Application Subtotal................
N-600 Application for Certificate N/A 46,857 N/A
of Citizenship..................
N-600K Application for N/A 2,970 N/A
Citizenship and Issuance of
Certificate Under Section 322...
Inadmissibility Waiver Subtotal...... 41,902 58,098 16,196
I-191 Application for Relief N/A 260 N/A
Under Former Section 212(c) of
the Immigration and Nationality
Act (INA).......................
I-192 Application for Advance N/A 22,780 N/A
Permission to Enter as
Nonimmigrant....................
I-193 Application for Waiver of N/A 7,672 N/A
Passport and/or Visa............
I-212 Application for Permission N/A 6,085 N/A
to Reapply for Admission into
the U.S. After Deportation or
Removal.........................
I-601 Application for Waiver of N/A 20,711 N/A
Ground of Excludability.........
I-612 Application for Waiver of N/A 590 N/A
the Foreign Residence
Requirement (Under Section
212(e) of the INA, as Amended)..
USCIS Immigrant Fee.................. 472,511 572,425 99,914
G-1041 Genealogy Index Search Request 3,605 4,650 1,045
G-1041A Genealogy Records Request.... 2,410 2,550 140
--------------------------------------------------------------------------
Subtotal......................... 4,929,707 7,789,861 2,860,154
--------------------------------------------------------------------------
Biometric Services................... 2,598,639 N/A N/A
Grand Totals..................... 7,528,346 7,789,861 261,515
----------------------------------------------------------------------------------------------------------------

2. Completion Rates
USCIS completion rates are the average hours per adjudication of an
immigration benefit request. They identify the adjudicative time
required to complete (render a decision on) specific immigration
benefit requests. The completion rate for each benefit type represents
an average. Completion rates reflect what is termed ``touch time,'' or
the time an employee with adjudicative responsibilities actually
handles the case. This does not reflect ``queue time,'' or time spent
waiting, for example, for additional evidence or supervisory approval.
Completion rates do not reflect the total processing time applicants,
petitioners, and requestors can expect to wait for a decision on their
case after USCIS accepts it.
USCIS requires employees who adjudicate immigration benefit
requests to report adjudication hours and case completions by benefit
type. Adjudication hours are divided by the number of completions for
the same time period to determine an average completion rate. In
addition to using this data to determine fees, completion rates help
determine appropriate staffing allocations to handle projected
workload. The USCIS Office of Performance and Quality (OPQ), field
offices, and regional management scrutinize the data to ensure
accuracy. When data is inconsistent and/or anomalies are identified,
the OPQ contacts the reporting office to resolve and make necessary
adjustments. USCIS has confidence in the data, given the consistency of
reporting over the last several years. The continual availability of
the information enables USCIS to update cost information for each fee
review.

[[Page 62292]]

Table 6--Completion Rates per Benefit Request
[Projected adjudication hours/completion]
------------------------------------------------------------------------
Service-wide
Immigration benefit request completion
rate
------------------------------------------------------------------------
I-90 Application to Replace Permanent Resident Card..... 0.19
I-102 Application for Replacement/Initial Nonimmigrant 0.77
Arrival-Departure Document.............................
I-129H1................................................. 1.10
I-129H2A--Named Beneficiaries........................... 1.92
I-129H2B--Named Beneficiaries........................... 2.00
I-129L.................................................. 2.23
I-129O.................................................. 1.90
I-129CW, I-129E&TN, and I-129MISC....................... 1.62
I-129H2A--Unnamed Beneficiaries......................... 0.50
I-129H2B--Unnamed Beneficiaries......................... 0.58
I-129F Petition for Alien Fianc[eacute](e).............. 0.67
I-130 Petition for Alien Relative....................... 0.86
I-131 Application for Travel Document................... 0.25
I-131 Refugee Travel Document for an individual age 16 0.27
or older...............................................
I-131 Refugee Travel Document for a child under the age 0.25
of 16..................................................
I-131A Application for Carrier Documentation............ 1.01
I-140 Immigrant Petition for Alien Worker............... 1.46
I-290B Notice of Appeal or Motion....................... 1.32
I-360 Petition for Amerasian, Widow(er) or Special 1.65
Immigrant..............................................
I-485 Application to Register Permanent Residence or 1.63
Adjust Status..........................................
I-526 Immigrant Petition by Alien Entrepreneur.......... 8.65
I-539 Application to Extend/Change Nonimmigrant Status.. 0.51
I-589 Application for Asylum and for Withholding of 4.10
Removal................................................
I-600/600A; I-800/800A Orphan Petitions and Applications 2.22
I-600A/I-600 Supplement 3 Request for Action on Approved 1.90
Form I-600A/I-600......................................
I-601A Provisional Unlawful Presence Waiver............. 2.64
I-687 Application for Status as a Temporary Resident.... N/A
I-690 Application for Waiver of Grounds of 1.05
Inadmissibility........................................
I-694 Notice of Appeal of Decision...................... 1.10
I-698 Application to Adjust Status from Temporary to 3.76
Permanent Resident (Under Section 245A of the INA).....
I-751 Petition to Remove Conditions on Residence........ 1.30
I-765 Application for Employment Authorization.......... 0.20
I-800A Supplement 3 Request for Action on Approved Form 1.90
I-800A.................................................
I-821D Consideration of Deferred Action for Childhood 0.12
Arrivals (Renewal).....................................
I-817 Application for Family Unity Benefits............. 0.91
I-824 Application for Action on an Approved Application 0.78
or Petition............................................
I-829 Petition by Entrepreneur to Remove Conditions on 8.15
Permanent Resident Status..............................
I-881 Application for Suspension of Deportation or 2.00
Special Rule Cancellation of Removal...................
I-910 Application for Civil Surgeon Designation......... 1.81
I-924 Application For Regional Center Designation Under 34.95
the Immigrant Investor Program.........................
I-924A Annual Certification of Regional Center.......... 10.00
I-929 Petition for Qualifying Family Member of a U-1 2.60
Nonimmigrant...........................................
N-300 Application to File Declaration of Intention...... 2.68
N-336 Request for a Hearing on a Decision in 3.05
Naturalization Proceedings (Under Section 336 of the
INA)...................................................
N-400 Application for Naturalization.................... 1.57
N-470 Application to Preserve Residence for 4.02
Naturalization purposes................................
N-565 Application for Replacement Naturalization/ 0.89
Citizenship Document...................................
N-600 Application for Certificate of Citizenship........ 1.08
N-600K Application for Citizenship and Issuance of 1.57
Certificate Under Section 322..........................
I-191 Application for Relief Under Former Section 212(c) 2.10
of the Immigration and Nationality Act (INA)...........
I-192 Application for Advance Permission to Enter as 0.97
Nonimmigrant...........................................
I-193 Application for Waiver of Passport and/or Visa.... 0.30
I-212 Application for Permission to Reapply for 2.71
Admission into the U.S. After Deportation or Removal...
I-601 Application for Waiver of Ground of Excludability. 3.29
I-612 Application for Waiver of the Foreign Residence 0.53
Requirement (Under Section 212(e) of the INA, as
Amended)...............................................
USCIS Immigrant Fee..................................... N/A
------------------------------------------------------------------------

USCIS does not list completion rates for the following immigration
benefit requests, forms, or other services, due to the special nature
of their processing as explained below:
USCIS Immigrant Fees. USCIS does not adjudicate
applications for an immigrant visa. Rather, individuals located outside
of the United States apply with a Department of State (DOS) overseas
consular officer for an immigrant visa. If DOS issues the immigrant
visa, the individual may apply with a U.S. Customs and Border
Protection (CBP) officer at a port of entry for admission to the United
States as an immigrant. This fee represents USCIS' costs to create and
maintain files and to issue permanent resident cards to individuals who
go through this process. See 8 CFR 103.7(b)(1)(i)(D), proposed 8 CFR
106.2(c)(3).
Refugee Processing and Other Forms Exempt from Fees. These
immigration benefit requests may use completion rates to determine
staffing

[[Page 62293]]

levels. However, USCIS does not list completion rates for these
workloads because these are exempt from paying a fee:
[cir] Credible Fear;
[cir] Reasonable Fear;
[cir] Registration for Classification as a Refugee, Form I-590;
[cir] Application By Refugee For Waiver of Grounds of
Excludability, Form I-602;
[cir] Refugee/Asylee Relative Petition, Form I-730;
[cir] Application for T Nonimmigrant Status, Form I-914;
[cir] Petition for U Nonimmigrant Status, Form I-918; and
[cir] Application for Posthumous Citizenship, Form N-644.
Temporary Protected Status (TPS). DHS proposes not to rely
on TPS fee revenue for recovering USCIS' operational expenses,
consistent with previous fee rules. See 81 FR 73312-3. TPS designations
may be terminated under current law or may cease due to a reduction in
the eligible population. Termination of the program, in whole or in
part, after the fees are set would result in unrealized revenue and a
commensurate budgetary shortfall. After the fee schedule is effective,
fees cannot be adjusted until the next fee schedule notice and comment
rulemaking. Thus, temporary programs subject to termination based on
changed circumstances are generally not included in the fee setting
model. As such, USCIS excludes the completion rate for Form I-821,
Application for Temporary Protected Status, from discussion in this
rule because DHS cannot change the initial statutory registration fee
permitted under section 244(c)(1)(B) of the INA or establish a re-
registration fee for TPS. USCIS will continue to charge the biometric
services fee, where required, and the fee for an employment
authorization document, as permitted under 8 U.S.C. 1254b.
3. Assessing Proposed Fees
Historically, as a matter of policy, DHS uses its discretion to
limit fee increases for certain immigration benefit request fees that
would be overly burdensome on applicants, petitioners, and requestors
if set at recommended ABC model output levels.\38\ Previous proposed
IEFA fee schedules referred to limited fee increases as ``low volume
reallocation'' or ``cost reallocation.'' \39\ Despite the two separate
phrases, the calculation for both is the same. In the FY 2016/2017 fee
rule, USCIS calculated an 8 percent limited fee increase for certain
immigration benefit request fees.\40\ For this proposed rule, USCIS
calculated a limited fee increase of 5 percent using the same
methodology as the previous rule.\41\
---------------------------------------------------------------------------

\38\ See footnotes 15 and 16.
\39\ The FY 2016/2017 proposed fee schedule used both phrases.
See 81 FR 26915. The FY 2010/2011 and FY 2008/2009 proposed fee
schedules used the phrase ``low volume reallocation.'' See 75 FR
33461 and 72 FR 4910, respectively.
\40\ The 8 percent increase was the percentage difference
between the current fees and the model output before reallocation,
weighted by fee-paying volume. See 81 FR 73296. The model output is
a projected fee-paying unit cost from the ABC model. It is projected
total cost divided by projected fee-paying receipts. While each fee
review may calculate a different percentage, the formula for the
calculation remains the same.
\41\ In the docket for this proposed rule, the FY 2019/2020
Immigration Examinations Fee Account Fee Review Supporting
Documentation has more information. See the Cost Reallocation column
of Appendix Table 3: Proposed Fees by Immigration Benefit Request.
---------------------------------------------------------------------------

As such, DHS proposes that the following immigration benefit
request fees are limited to a 5 percent increase above the current
fees:
Form I-290B, Notice of Appeal or Motion.
Form I-360, Petition for Amerasian, Widow(er) or Special
Immigrant.
Form I-600, Petition to Classify Orphan as an Immediate
Relative.
Form I-600A, Application for Advance Processing of an
Orphan Petition.
Form I-600A/I-600, Supplement 3, Request for Action on
Approved Form I-600A/I-600.\42\
---------------------------------------------------------------------------

\42\ DHS explains the purpose of this new proposed form in
section V.M.3 of this preamble. Request for Action on Approved
Application for Advance Processing of an Orphan Petition or Petition
to Classify Orphan as an Immediate Relative, Form I-600A/I-600
Supplement 3.
---------------------------------------------------------------------------

Form I-800, Petition to Classify Convention Adoptee as an
Immediate Relative.
Form I-800A, Application for Determination of Suitability
to Adopt a Child from a Convention Country.
Form I-800A, Supplement 3, Request for Action on Approved
Form I-800A.
The proposed increase of approximately 5 percent may vary slightly
due to rounding. DHS rounds all IEFA fees to the nearest $5 increment.
In order for the proposed fee schedule to recover full cost, DHS
proposes that other fees be increased to offset the projected cost of
the 5 percent limited fee increase. Similarly, DHS proposes that other
fees increase to offset a projected increase in workloads that are
exempt from paying fees or that are capped at a fee less than what the
ABC model indicates that they should pay. In this proposed rule, DHS
refers to the process of recovering full cost for workloads without
fees or the shifting of cost burdens among benefit request fees as a
result of other policy decisions as cost reallocation.
Some proposed fees are significantly higher than the current fees.
In some cases, this is because DHS proposes to not limit those fee
increases, as it has done in the past, for policy reasons. Previous fee
schedules limited the increase for certain immigration benefit
requests, such as most naturalization related forms.\43\ See 81 FR
26915-6. In this proposed rule, DHS proposes to not limit the fee
increase to 5 percent for the following immigration benefit requests:
---------------------------------------------------------------------------

\43\ See V.O. Naturalization (discussion on the proposed
naturalization fees).
---------------------------------------------------------------------------

Form I-601A, Provisional Unlawful Presence Waiver.
Form I-765, Application for Employment Authorization.
Form I-929, Petition for Qualifying Family Member of a U-1
Nonimmigrant.
Form N-300, Application to File Declaration of Intention.
Form N-336, Request for a Hearing on a Decision in
Naturalization Proceedings.
Form N-400, Application for Naturalization.
Form N-470, Application to Preserve Residence for
Naturalization Purposes.
If DHS were to propose limited fee increases for these immigration
benefit requests, then other proposed fees would have to increase to
recover full cost. For example, if DHS were to propose limited fee
increases for all of the immigration benefit request fees that were
limited in the previous fee rule, then some proposed fees could
increase by as much as $1,185, with the average of those changes being
an increase of $12 per immigration benefit request. The rationale for
some of these proposed changes is further discussed later in the
preamble. See section V. Proposed Changes in the FY 2019/2020 Fee
Schedule.
Public commenters generally do not support fee increases. A fee
decrease may be more popular. Generally, there are several potential
ways to reduce IEFA fees:
1. Reduce projected costs or use other funding sources (such as
appropriations, other fee accounts, carryover, or recoveries of prior
year obligations);
2. Increase projected fee-paying receipts; or
3. Reduce completion rates.
As discussed earlier, reducing the projected costs to equal the
projected revenue would risk degrading USCIS

[[Page 62294]]

operations funded by the IEFA.\44\ Likewise, other funding sources are
insufficient or unavailable.\45\ Some of the proposed fees would be
even higher without an increase to projected fee-paying receipts.\46\
As discussed in the previous section, completion rates are based on
reported adjudication hours and completions. USCIS does not believe the
level of effort for future adjudications will decrease.
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\44\ See section IV.A.3., Costs and Revenue Differential, of
this preamble.
\45\ See id. and section III. Basis for the Fee Review.
\46\ See section V.C.3., Proposed Fee Waiver Changes, for more
information.
---------------------------------------------------------------------------

C. Fee-Related Issues Noted for Consideration

DHS identifies a number of issues that do not affect the FY 2019/
2020 fee review but do merit some discussion. DHS does not propose any
changes related to the issues discussed in this section. USCIS may
discuss these issues in future biennial fee reviews or in conjunction
with other USCIS fee rules. DHS welcomes comments on all facets of the
FY 2019/2020 fee review, this proposed rule, and USCIS fees in general,
regardless of whether changes have been proposed here.
1. Accommodating E-Filing and Form Flexibility
DHS attempts, as it did in the FY 2016/2017 fee rule, to propose
fees based on form titles instead of form numbers to avoid prescribing
fees in a manner that could undermine the conversion of USCIS to
electronic processing. See proposed 8 CFR 106. Form numbers are
included for informational purposes, but are not intended to restrict
the ability of USCIS to collect a fee for a benefit request that falls
within the parameters of the adjudication for which the fee is
published. As USCIS modernizes its processes and systems to allow more
applicants, petitioners, and requestors to file applications online,
the agency may collect fees for immigration benefit requests that do
not have a form number or do not have the same form number as described
in regulations. This could occur, for example, if USCIS developed an
online version of a request that individuals often submit with
applications for employment authorization. In this situation, USCIS may
find it best to consolidate the two requests without separately
labelling the different sections related to the relevant form numbers.
DHS would still collect the required fee for the underlying immigration
benefit request as well as the request for employment authorization,
but the actual online request would not necessarily contain form
numbers corresponding to each separate request.
Similarly, USCIS may determine that efficiency would be improved by
breaking a paper form into separate paper forms. For instance, USCIS
could separate Form I-131, Application for Travel Document, into a
separate form and form number for advance parole, humanitarian parole,
refugee travel documents, or reentry permits. In this example, USCIS
could continue to charge the current Form I-131 fee. This structure
permits USCIS to change forms more easily without having to perform a
new fee review each time the agency chooses to do so.
2. Processing Time Outlook
As discussed in the Cost and Revenue Differential section of this
preamble, USCIS anticipates having insufficient resources to process
its projected workload. USCIS estimates that it will take several years
before USCIS backlogs decrease measurably. USCIS experienced an
unexpectedly high volume of immigration benefit requests in FY 2016 and
FY 2017. In FY 2018, USCIS implemented measures to reduce the backlog,
such as adjudicating asylum workload on a last-in-first out basis.\47\
As explained in the Cost Projections section of this preamble,
projected workloads for FY 2019 and FY 2020 exceed current workload
capacity, thereby requiring additional staff.
---------------------------------------------------------------------------

\47\ U.S. Citizenship and Immigration Services, USCIS to Take
Action to Address Asylum Backlog, available at https://www.uscis.gov/news/news-releases/uscis-take-action-address-asylum-backlog (last reviewed/updated Feb. 2, 2018).
---------------------------------------------------------------------------

A number of uncertainties remain that impede efficient case
processing and timely decision making. One uncertainty is how to define
the specific elements of the screening and national security vetting
that USCIS will employ. This new framework will likely involve greater
use of social media screenings and more in-person interviews of
applicants for certain immigration benefits.\48\ In addition, USCIS
believes that the growing complexity of the case adjudication process
over the past few years has also contributed to higher completion
rates. For example, it takes more time for officers to adjudicate each
case. (See section IV.B.2. Completion Rates.)
---------------------------------------------------------------------------

\48\ USCIS, USCIS to Expand In-Person Interview Requirements for
Certain Permanent Residency Applicants, https://www.uscis.gov/news/news-releases/uscis-to-expand-in-person-interview-requirements-for-certain-permanent-residency-applicants (last reviewed/updated Aug.
28, 2017).
---------------------------------------------------------------------------

Through this rule, USCIS expects to collect sufficient fee revenue
to fund additional staff that will support FY 2019/2020 workload
projections as well as perform more national security vetting and
screening. While USCIS is committed to ensuring the integrity of the
immigration system and safeguarding national security, it is also
committed to reducing processing times and the current backlog, without
sacrificing proper vetting checks, by identifying ways to increase
efficiency, ensuring the successful transition from paper-based to
electronic processing, and increasing adjudicative resources. For
example, USCIS is transitioning non-adjudicative work from adjudicators
to other staff, centralizing the delivery of information services
through the USCIS Contact Center, and leveraging electronic processing
and automation.
Applicants, petitioners, and requestors can track the status of
their immigration benefit requests online by using their receipt number
or by creating an online account at https://uscis.gov/casestatus. They
may also make an ``outside normal processing time'' case inquiry for
any benefit request pending longer than the time listed for the high
end of the range by submitting a service request online at https://egov.uscis.gov/e-request/Intro.do or calling the USCIS Contact Center
at 1-800-375-5283.
USCIS also expects to improve the user experience as it continues
to transition to online filing and electronic processing of immigration
applications and petitions. With the new person-centric electronic case
processing environment, USCIS will possess the data necessary to
provide near-real-time processing updates on the status and time period
lapsed between actions for each individual case. This enables greater
transparency to the public on how long it will take to process each
case as it moves from stage to stage (for example, biometrics
collection, interview, and decision).
USCIS is committed to providing applicants, petitioners, and
requestors with relevant information when they need it. As a result,
USCIS is transforming how it calculates and posts processing time
information in an effort to improve the timeliness of such postings,
but more importantly to achieve greater transparency. USCIS will
continue to provide processing times in an accurate and transparent
fashion.

[[Page 62295]]

V. Proposed Changes in the FY 2019/2020 Fee Schedule

A. Clarify Dishonored Fee Check Re-Presentment Requirement and Fee
Payment Method

In the FY 2016/2017 fee rule, DHS amended the regulations regarding
how USCIS treats a benefit request accompanied by fee payment (in the
form of check or other financial instrument) that is subsequently
returned as not payable. See 81 FR 73313-15 (Oct. 24, 2016); 8 CFR
103.2(a)(7)(ii) and 8 CFR 103.7(a)(2). If a financial instrument used
to pay a fee is returned as unpayable after one re-presentment, USCIS
rejects the filing and imposes a standard $30 charge. See id. In the
preamble to the FY 2016/2017 fee rule, DHS stated that, to make sure a
payment rejection is the result of insufficient funds and not due to
USCIS error or network outages, USCIS (through the U.S. Department of
the Treasury (Treasury)) will resubmit rejected payment instruments to
the appropriate financial institution one time. See 8 CFR
103.2(a)(7)(ii)(D). While DHS's intent was to submit only checks that
were dishonored due to insufficient funds, some stakeholders have
interpreted the re-presentment as applying to any check DHS has
deposited that is returned as unpayable. Although the Treasury check
clearance regulations permit an agency to re-deposit a check dishonored
due to insufficient funds, they prohibit submitting checks dishonored
for other reasons for clearance a second time. See 31 CFR 210.3(b);
2016 NACHA Operating Rules & Guidelines: A Complete Guide to Rules
Governing the ACH Network, Subsection 2.5.13.3 (limiting re-depositing
a check to those that are returned due to ``Not Sufficient Funds,''
``NSF,'' ``Uncollected Funds,'' or comparable). To comply with the
Treasury regulations, DHS is proposing in this rule that if a check or
other financial instrument used to pay a fee is returned as unpayable
because of insufficient funds, USCIS will resubmit the payment to the
remitter institution one time. If the remitter institution returns the
instrument used to pay a fee as unpayable a second time, USCIS will
reject the filing. USCIS will not re-deposit financial instruments
returned as unpayable for a reason other than insufficient funds.
Proposed 8 CFR 103.2(a)(7)(ii)(D).
In addition, DHS proposes that it may reject a request that is
accompanied by a check that is dated more than 365 days before the
receipt date. Currently, USCIS policy is to reject a check that is
dated more than a year before it is submitted. However, that policy is
not codified, and DHS has been sued or threatened with litigation
multiple times when a check that was dated more than a year before it
was submitted was the basis of a rejection that caused the requestor to
miss an important deadline. For example, USCIS has permitted an
applicant to submit Form I-821 after the deadline \49\ and adjudicated
a Form I-485 filed after the applicant's U nonimmigrant status had
expired because his initial, timely filing was rejected because it
contained a check that was more than one year old. See 8 CFR
245.24(b)(2)(ii) (requiring the applicant to hold U nonimmigrant status
at the time of application.). While most personal and business checks
do not expire, they become what is known as ``stale dated'' six months
after they are written. This is because many things may change in six
months that may affect the check's validity or the original reason that
it was written. Accordingly, the Uniform Commercial Code \50\ provides
that a bank may delay access to the funds from or is not obligated to
deposit, cash, honor, or pay a stale check. USCIS projects that it will
receive an average 7,789,861 fee payments per year.\51\ It is important
that its requirements for payment instruments provide certainty and
minimize the likelihood of a payment being dishonored. Although
commercial banks use a guideline of six months, DHS proposes to reject
only year-old checks to provide requestors with more flexibility in
case there are delays with their filing. Rejecting a check that is
dated more than a year earlier is also consistent with the time limit
for a check issued by the U.S. Treasury. See 31 CFR 245.3(a) (``Any
claim on account of a Treasury check must be presented to the agency
that authorized the issuance of such check within one year after the
date of issuance of the check or within one year after October 1, 1989,
whichever is later.''). Rejection of a stale check will not be
mandatory, so USCIS will still have the authority to waive the check
date requirement in exigent circumstances.
---------------------------------------------------------------------------

\49\ See 8 CFR 244.17(a) (``Applicants for periodic re-
registration must apply during the registration period provided by
USCIS.'').
\50\ A bank is under no obligation to a customer having a
checking account to pay a check, other than a certified check, which
is presented more than six months after its date, but it may charge
its customer's account for a payment made thereafter in good faith.
UCC 4-404 (2002).
\51\ See section IV.B.1.b. Fee-Paying Volume in this preamble.
---------------------------------------------------------------------------

DHS also proposes that USCIS may require that certain fees be paid
using a certain payment method or that certain fees cannot be paid
using a particular method. Proposed 8 CFR 106.1(b). For example, USCIS
may require that a request be submitted by using Pay.gov, a secure
portal which transmits an applicant's payment information directly to
the U.S. Treasury for processing, or may preclude the use of certain
payment types such as cashier's check and money orders for the payment
of a particular form or when payments are made at certain offices. The
proposed change provides that payment method will be provided in the
form instructions (including for online filing) or by individual notice
(a bill, invoice, appointment confirmation, etc.); therefore,
requestors will be clearly notified of any limitations on the payment
method for the request they are filing. About 80 percent of all USCIS
filings are received via a Lockbox that is well versed in intake and
depositing of multiple payment types. However, the requirements and
circumstances for the filing of some requests do not permit lockbox
submission and intake, and the request must be filed at a particular
office or in person. Various offices, such as field offices, embassies,
and consulates, are limited in the method of payment that they can
receive or process. Additionally, certain payment methods such as
checks or cash require time-intensive procedures for cashiers and their
supervisors to input, reconcile, and verify their daily receipts and
deposits. Generally, federal agency offices must deposit money that
they receive on the same day that it is received. See 31 U.S.C.
3720(a); 31 CFR 206.5; Treasury Financial Manual Vol. 1, Part 5,
Chapter 2000, Section 2055.\52\ There are additional requirements and
guidance for timely record keeping and redundancy in personnel that
similarly increase workload and processing costs. See 31 U.S.C.
3302(e); Treasury Financial Manual Vol. 1, Part 5, Chapter 2000,
Section 2030; see also U.S. Government and Accountability Office (GAO)
GAO-14-704G Standards for Internal Control in the Federal Government
(2014).\53\ The time that USCIS spends complying with payment
processing requirements can be used to adjudicate cases. This proposed
change would also permit USCIS to reduce

[[Page 62296]]

administrative burdens and processing errors associated with fee
payments.
---------------------------------------------------------------------------

\52\ Agencies may accumulate deposits less than $5,000 until
they reach $5,000 or a given Thursday. U.S. Treasury, Treasury
Financial Manual Vol 1, Part 5, Chapter 2000, https://tfm.fiscal.treasury.gov/v1/p5/c200.html.
\53\ Principal 10, Design Control Activities, states that
management should control information processing and segregation of
duties to reduce risk, and accurate and timely record transactions.
GAO, Standards for Internal Control in the Federal Government (Sept.
10, 2014), https://www.gao.gov/assets/670/665712.pdf.
---------------------------------------------------------------------------

DHS is also clarifying that fees are non-refundable regardless of
the result of the immigration benefit request or how much time the
request requires to be adjudicated. As provided in 8 CFR 103.2(a)(1)
USCIS filing fees generally are non-refundable and must be paid when
the benefit request is filed. As discussed fully in this rule, DHS is
authorized to establish fees to recover the costs of providing USCIS
adjudication and naturalization services. While the fees are to recover
the processing costs of adjudications, the fees are due when filing an
immigration benefit request before the request will be considered
received and the requestor will receive a receipt date. See 8 CFR
103.2(a)(7)(ii)(D). A benefit request will be rejected if it is not
submitted with the correct fee(s). Thus the fee is due at filing and is
not refundable, regardless of how much time passed from filing to
approval, or if the request is denied or approved. Nevertheless, USCIS
has recently, greatly, expanded acceptance of credit cards for the
payment of USCIS fees. To our misfortune, the increased acceptance of
credit cards for the payment of USCIS fees has resulted in a sizeable
increase in the number of disputes filed with credit card companies
challenging the retention of the fee by USCIS. Disputes are generally
filed by requestors whose request was denied, who have changed their
mind about the request, or assert that the service was not provided or
unreasonably delayed. Troublingly, USCIS loses many of these dispute
because the credit card companies agree with the cardholder and have
determined that USCIS fails to adequately warn the cardholder that the
fee is not refundable and due regardless of the result or time
required. As the dollar amount of fees paid with credit cards continues
to increase, this result has the potential to have a significant
negative fiscal effect on USCIS fee receipts. Therefore, DHS is
proposing to clarify that fees will not be refunded no matter the
result of the benefit request or how much time the adjudication
requires. Proposed 8 CFR 103.2(a)(1). In the event that the bank that
issues the credit card rescinds the payment of the fee to USCIS, USCIS
reserves the authority to invoice the responsible party (applicant,
petitioner, requestor) and pursue collection of the unpaid fee in
accordance with 31 CFR 900-904 (Federal Claims Collection Standards).

B. Eliminate $30 Returned Check Fee

DHS also proposes to amend its regulations to remove the $30 charge
for dishonored payments. See 8 CFR 103.7(a)(2)(i). USCIS data indicates
that the cost of collecting the $30 fee outweighs the benefits to the
government derived from imposing and collecting the fee. For example,
in FY 2016, USCIS collected a total of $416,541 from the $30 returned
check fee while the financial service provider billed $508,770 to
collect the $30 fee. Furthermore, USCIS does not retain the $30 fee for
deposit into the IEFA with other immigration benefit request fees; thus
the $30 fee does not provide revenue to USCIS. Agencies may prescribe
regulations establishing the charge for a service or thing of value
provided by the agency. See 31 U.S.C. 9701. However, federal agencies
are not required to impose fees as a general matter, nor does DHS or
USCIS have a specific statutory authorization or requirement to do so.
Therefore, DHS is not required to charge a returned check fee. DHS
proposes to remove the $30 fee from regulations.

C. Fee Waivers

1. Background
Currently, USCIS may waive the fee for certain immigration benefit
requests when the individual requesting the benefit is unable to pay
the fee. See 8 CFR 103.7(c). To request a fee waiver, the individual
must submit a written waiver request for permission to have their
benefit request processed without payment. Under the current
regulation, the waiver request must state the person's belief that he
or she is entitled to or deserving of the benefit requested and the
reasons for his or her inability to pay and include evidence to support
the reasons indicated. See 8 CFR 103.7(c)(2). There is no appeal of the
denial of a fee waiver request. See id.
The statute authorizing USCIS to establish fees does not
specifically mention fee waivers and fee exemptions for any type of
applicant or group, or any criteria for fee waivers.\54\ The statute
does not require that DHS provide certain services for free, but it
authorizes DHS to set USCIS fees at a level that will recover the full
costs of adjudication and naturalization services provided ``including
the costs of similar services provided without charge to asylum
applicants or other immigrants.'' \55\ DHS interprets that provision as
authorizing it to provide certain services for free in all cases in the
form of fee exemptions,\56\ or free when certain criteria are met in
the form of a waiver. DHS has always implemented fee waivers based on
need, and since 2007, has precluded fees waivers for individuals that
have financial means as a requirement for the status or benefit sought.
See 72 FR 4912. However, the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (TVPRA) \57\ requires DHS to
permit certain applicants to apply for fee waivers for ``any fees
associated with filing an application for relief through final
adjudication of the adjustment of status.'' \58\ DHS interprets ``any
fees associated with filing an application for relief through final
adjudication of the adjustment of status'' \59\ to mean that, in
addition to the main immigration benefit request that accords a status,
(such as Form I-360, Petition for Amerasian, Widow(er), or Special
Immigrant or Form I-485, Application to Register Permanent Residence or
Adjust Status) applicants must have the opportunity to request a fee
waiver for any form associated with the main benefit application up to
and including the adjustment of status application.\60\ Table 7 lists
the immigration categories for which DHS must provide an opportunity to
request a fee waiver for main immigration benefit requests and
associated forms in accordance with TVPRA.\61\
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\54\ USCIS is primarily funded by application and petition fees.
Under INA 286(m), 8 U.S.C. 1356(m), DHS has the authority to
establish the fees it charges for immigration and naturalization
services to recover the full costs of such services, including those
provided without charge, and to recover costs associated with the
administration of the fees collected. Therefore, the fees are set at
a level that is intended to recover the full cost of USCIS
operations.
\55\ See INA sec. 286(m), 8 U.S.C. 1356(m).
\56\ See, e.g., proposed 8 CFR 106.2(a)(45) and (46) (codifying
no fee for an Application for T Nonimmigrant Status and Petition for
U Nonimmigrant Status).
\57\ See title II, subtitle A, sec. 201(d)(3), Public Law 110-
457, 122 Stat. 5044 (2008); INA sec. 245(l)(7), 8 U.S.C. 1255(l)(7).
\58\ See id.
\59\ See id.
\60\ Certain USCIS forms are not listed in 8 CFR 103.7(b) and
therefore have no fee. See proposed 8 CFR 106.2 for proposed fees.
\61\ INA sec. 245(l)(7), 8 U.S.C. 1255(l)(7).

[[Page 62297]]

Table 7--Statutory Fee Waiver Categories and Associated Forms
------------------------------------------------------------------------
Main immigration
Category benefit requests Associated forms
\62\
------------------------------------------------------------------------
Violence Against Women Act Form I-360, Form I-131,
(VAWA) self- Petition for Application for
petitioners.\63\ Amerasian, Travel
Widow(er), or Document.\64\
Special Immigrant Form I-212,
(no fee). Application for
Form I-485, Permission to
Application to Reapply for
Register Permanent Admission into the
Residence or Adjust United States After
Status. Deportation or
Form I-751, Removal.
Petition to Remove Form I-
Conditions on 290B, Notice of
Residence. Appeal or Motion.
Form I-601,
Application for
Waiver of Grounds
of Inadmissibility.
Form I-765,
Application for
Employment
Authorization (no
fee for
principals).\65\
Victims of Severe Form of Form I-914, Form I-131,
Trafficking (T visas).\66\ Application for T Application for
Nonimmigrant Status Travel Document.
(no fee). Form I-192,
Form I-914, Application for
Supplement A, Advance Permission
Application for to Enter as a
Family Member of T- Nonimmigrant.
1, Recipient (no Form I-193,
fee). Application for
Form I-914, Waiver of Passport
Supplement B, and/or Visa.
Declaration of Law Form I-
Enforcement Officer 290B, Notice of
for Victim of Appeal or Motion.
Trafficking in Form I-539,
Persons (no fee). Application to
Form I-485, Change/Extend
Application to Nonimmigrant
Register Permanent Status.
Residence or Adjust Form I-601,
Status. Application for
Waiver of Grounds
of Inadmissibility.
Form I-765,
Application for
Employment
Authorization (no
fee for
principals).
Victims of Criminal Activity Form I-918, Form I-131,
(U visas).\67\ Petition for U Application for
Nonimmigrant Status Travel Document.
(no fee). Form I-192,
Form I-918, Application for
Supplement A, Advance Permission
Petition for to Enter as a
Qualifying Family Nonimmigrant.
Member of U-1 Form I-193,
Recipient (no fee). Application for
Form I-918, Waiver of Passport
Supplement B, U and/or Visa.
Nonimmigrant Status Form I-
Certification (no 290B, Notice of
fee). Appeal or Motion.
Form I-929, Form I-539,
Petition for Application to
Qualifying Family Extend/Change
Member of a U-1 Nonimmigrant
Nonimmigrant. Status.
Form I-485, Form I-765,
Application to Application for
Register Permanent Employment
Residence or Adjust Authorization (no
Status. fee for
principals).
Battered spouses of A, G, E- Form I- None.
3, or H nonimmigrants.\68\ 765V, Application
for Employment
Authorization for
Abused Nonimmigrant
Spouse (no fee).
Battered spouses or children EOIR-42B, Form I-601,
of a lawful permanent Application for Waiver of Grounds
resident or U.S. citizen Cancellation of of Inadmissibility.
under INA 240A(b)(2).\69\ Removal and
Adjustment of
Status for Certain
Nonpermanent
Residents (DOJ form
and immigration
judge determines
fee waiver).
Temporary Protected I-821, Form I-131,
Status.\70\ Application for Application for
Temporary Protected Travel Document.
Status. Form I-601,
Biometric Application for
Services Fee. Waiver of Grounds
of Inadmissibility.
Form I-765,
Application for
Employment
Authorization.
------------------------------------------------------------------------

Before 2007, USCIS could waive any fee, even if a fee waiver was
inconsistent with the underlying immigration benefit request. For
example, before 2007, USCIS could waive fees for companies seeking to
sponsor foreign workers, individuals seeking status based on
substantial business investments, or individuals seeking to sponsor
foreign relatives to whom the sponsors must provide financial support.
See 72 FR 4912. Since 2007, USCIS has limited the fees that may be
waived under 8 CFR 103.7(c)(3) based on the general premise that fee
waivers must be consistent with any financial considerations that apply
to the status or benefit sought. See 8 CFR 103.7(c)(1)(ii).
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\62\ Some immigration benefit requests may not have a fee for
the specific category.
\63\ See INA sec. 101(a)(51), 8 U.S.C. 1101(a)(51); INA section
245(l)(7), 8 U.S.C. 1255(l)(7). Public Law 110-457, 122 Stat. 5044
(Dec. 23, 2008); 22 U.S.C. 7101 et seq.
\64\ Currently, fees for Form I-131 are exempt if filed in
conjunction with a pending or concurrently filed Form I-485 with fee
that was filed on or after July 30, 2007. See 8 CFR
103.7(b)(1)(i)(M)(4). However, DHS proposes changes to this policy
in this rule as explained later in this preamble.
\65\ Form I-360 allows a principal self-petitioner to request an
EAD incident to case approval without submitting a separate Form I-
765. Form I-765 is required for employment authorization requests by
derivative beneficiaries.
\66\ See INA sec. 101(a)(15)(T), 8 U.S.C. 1101(a)(15)(T) (T
nonimmigrant status for victims of a severe form of trafficking in
persons).
\67\ See INA sec. 101(a)(15)(U), 8 U.S.C. 1101(a)(15)(U) (U
nonimmigrant status for victims of certain criminal activity).
\68\ See INA sec. 106, 8 U.S.C. 1105a.
\69\ See INA sec. 240A(b)(2), 8 U.S.C. 1229b(b)(2), and INA sec.
245(l)(7), 8 U.S.C. 1255(l)(7).
\70\ See INA sec. 244, 8 U.S.C. 1254a.
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Following the FY 2010/2011 fee rule, USCIS also issued policy
guidance to streamline fee waiver adjudications and make them more
consistent across offices and form types nationwide. See Policy
Memorandum, PM-602-0011.1, Fee Waiver Guidelines as Established by the
Final Rule of the USCIS Fee Schedule; Revisions to Adjudicator's Field
Manual (AFM) Chapter 10.9, AFM Update AD11-26 (Mar. 13, 2011) (``Fee

[[Page 62298]]

Waiver Policy''). The Fee Waiver Policy clarified acceptable measures
of income and documentation that individuals may present to demonstrate
they are unable to pay a fee when requesting a fee waiver. In June
2011, USCIS issued Form I-912, Request for Fee Waiver, as a
standardized form with instructions to request a fee waiver in
accordance with the Fee Waiver Policy.\71\ USCIS previously engaged in
a holistic analysis of the individual's finances to determine inability
to pay. See, e.g., William R. Yates, Field Guidance on Granting Fee
Waivers Pursuant to 8 CFR 103.7(c) (Mar. 4, 2004). The 2011 Fee Waiver
Policy established a streamlined process where USCIS would usually
waive the entire fee and the biometric services fee for forms listed in
8 CFR 103.7(c)(3) for applicants who at time of filing the fee waiver
request with the benefit application: \72\
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\71\ The form and its instructions may be viewed at http://www.uscis.gov/i-912. The proposed version is available for review in
the docket for this proposed rule.
\72\ See Policy Memorandum, PM-602-0011.1, Fee Waiver Guidelines
as Established by the Final Rule of the USCIS Fee Schedule;
Revisions to Adjudicator's Field Manual (AFM) Chapter 10.9, AFM
Update AD11-26 (Mar. 13, 2011); AFM Chapter 10.9(b).
---------------------------------------------------------------------------

Were receiving a means-tested benefit;
Had a household income at or below 150 percent of the
Federal Poverty Guidelines (FPG); or
Were experiencing extreme financial hardship such as
unexpected medical bills or emergencies.

The FY 2010/2011 fee rule also authorized the USCIS director to approve
and suspend exemptions from fees or provide that the fee may be waived
for a case or class of cases that is not otherwise provided in 8 CFR
103.7(c). See 75 FR 58990; 8 CFR 103.7(d).
On October 25, 2019, USCIS published the updated Form I-912 \73\
and corresponding policy guidance in the USCIS Policy Manual \74\ that
removed the means-tested benefit as a criterion in the fee waiver
request determination, clarified that the submission of Form I-912 is
required to request a fee waiver, and clarified some of the evidence
requirements. The new policy will be effective on December 2, 2019.
Therefore, as of December 2, 2019 an individual would be eligible to
request a fee waiver based on one of two criteria for inability to pay,
i.e., if he or she:
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\73\ The Office of Information and Regulatory Affairs, Office of
Management and Budget (OMB) approved the form changes on October 24,
2019, available at https://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=201910-1615-006# (last visited October 25, 2019).
\74\ See USCIS, Policy Alert PA 2019-06, Fees for Submission of
Benefit Requests, available at https://www.uscis.gov/sites/default/files/policymanual/updates/20191025-FeeWaivers.pdf (last visited
Oct. 25, 2019) (revising the USCIS interpretation of unable to pay
in 8 CFR 103.7(c)).
---------------------------------------------------------------------------

Has a household income at or below 150 percent of the FPG;
or
Is experiencing extreme financial hardship such as
unexpected medical bills or emergencies.

This proposed rule further limits forms eligible for a fee waiver and
the criteria to establish eligibility for a fee waiver.
2. Cost of Fee Waivers
The U.S. Government Accountability Office (GAO), an independent,
nonpartisan agency that works for Congress, describes equity of federal
user fees as a balancing act between two principles:
Beneficiary-pays; and
Ability-to-pay.\75\
---------------------------------------------------------------------------

\75\ GAO, Federal User Fees: A Design Guide (May 29, 2008),
available at https://www.gao.gov/products/GAO-08-386SP.
---------------------------------------------------------------------------

This proposed rule emphasizes the beneficiary-pays principle. Under the
beneficiary-pays principle, the beneficiaries of a service pay for the
cost of providing that service. See GAO-08-386SP at pp. 7-12.
Under the ability-to-pay principle, those who are more capable of
bearing the burden of fees should pay more for the service than those
with less ability to pay. IEFA fee exemptions, fee waivers, and reduced
fees for low income households adhere to this principle. Applicants,
petitioners, and requestors who pay a fee cover the cost of processing
requests that are fee-exempt, fee-waived, or fee-reduced. For example,
if only 50 percent of a benefit request workload is fee-paying, then
those who pay the fee will pay twice as much as they would if everyone
paid the fee. By paying twice as much, they pay for their benefit
request and the cost of the same benefit request that someone else did
not pay for.
In prior years, USCIS fees have given significant weight to the
ability-to-pay principle. In the FY 2016/2017 fee rule, DHS noted that
the estimated annual forgone revenue from fee waivers and exemptions
has increased markedly, from $191 million in the FY 2010/2011 fee
review to $613 million in the FY 2016/2017 fee review. See 81 FR 26922
and 73307. In the FY 2016/2017 proposed rule, DHS estimated that the
increase in fee waiver accounted for 9 percent of the 21 percent
weighted average fee increase. See 81 FR 26910. In the same proposed
rule, DHS provided notice that in the future it may revisit the USCIS
fee waiver guidance with respect to what constitutes inability to pay
under 8 CFR 103.7(c). See 81 FR 26922.
Each fee review plans for a certain level of fee waivers, fee
exemptions, and other fee-paying policy decisions. Ideally, no IEFA
revenue is lost due to fee waivers because USCIS plans for a certain
level of fee waivers and fee exemptions. IEFA fees recover full cost,
including the estimated cost of fee-waived and fee-exempt work.
However, USCIS does forgo revenue by allowing fee waivers and fee
exemptions. Forgone revenue represents the total fees that fee waiver
or fee exempt applicants, petitioners, and requestors would have paid
if they had paid the fees.
In the FY 2019/2020 fee review, USCIS determined that without
changes to fee waiver policy, it would forgo revenue of approximately
$1,494 million. The proposed fee schedule estimates $962 million
forgone revenue from fee waivers and fee exemptions. The difference in
forgone revenue is $532 million. Without changes to fee waiver policy,
fees would increase by a weighted average of 31 percent, which is 10
percent more than in the proposed fee schedule.
3. Proposed Fee Waiver Changes
As previously stated, INA sec. 286(m), 8 U.S.C. 1356(m) authorizes
but does not require that DHS set fees to recover the costs of
administering USCIS adjudication and naturalization services. That
statute also authorizes setting such fees at a level that will recover
the costs of services provided without charge, but it does not require
that DHS provide services without charge.\76\ Nevertheless, DHS (and
previously the INS) has provided fee waivers based on need. See, e.g.,
63 FR 43604, 43607 (stating, ``The Service often waives fees for this
application when the economic need exists. The proposed rule stated,
`For FY 1998, the Service estimates that approximately 50 percent of
the Form I-765 applications will be processed at no charge to
applicants, at a total cost of $35.9 million.' ''). For the reasons
stated in this rule, DHS has determined that it is necessary to utilize
this statutory discretion to establish the following new requirements
for waiving USCIS fees.
---------------------------------------------------------------------------

\76\ Legislation enacted in 2008 requires that a fee waiver be
considered for certain requests. INA sec. 245(l)(7), 8 U.S.C.
1255(l)(7).

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[[Page 62299]]

a. Limits on Eligible Forms and Categories
Because of the costs of fee waivers, and the inconsistency of
current fee waiver regulations with the beneficiary pays principal, DHS
proposes to limit fee waivers to immigration benefit requests for which
USCIS is required by law to consider a fee waiver or where the USCIS
Director exercises favorable discretion as provided in the proposed
regulation. See proposed 8 CFR 106.3. The proposed regulation would
limit the eligible forms and categories to those listed in Table 7:
Statutory Fee Waiver Categories and Associated Forms.\77\ Accordingly,
many forms will generally no longer be eligible for a fee waiver,\78\
except in limited circumstances where the law requires that a waiver be
made available based on the circumstances of the applicant. Forms that
would generally no longer be eligible for a fee waiver include the
following:
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\77\ Under the settlement agreement concluded in American
Baptist Churches v. Thornburgh, 760 F. Supp. 976 (N.D. Cal. 1991)
(ABC), ``eligible class members who can demonstrate that they fall
within the poverty guidelines as set forth in 45 CFR 1060.2 will not
be required to pay the fee.'' DHS will continue to allow these
applicants to request a fee waiver. In 1991, the U.S. Department of
Health and Human Services (HHS) codified at 45 CFR 1060.2 (1990) the
federal poverty guidelines issued by the former HHS Office of
Economic Opportunity/Community Services Administration. The ABC
settlement agreement requires USCIS to waive fees for those covered
by the agreement who fall squarely within the Federal Poverty
Guidelines. The requirements for a fee waiver proposed in this rule
are less restrictive than the subject settlement agreement. See
proposed 8 CFR 106.3(d).
\78\ Fee waivers would still be available at the discretion of
the USCIS Director, or as provided by INA 245(l)(7), 8 U.S.C.
1255(l)(7). See proposed 8 CFR 106.3. An applicant, petitioner, or
requestor may not independently request that the Director exercise
this authority.
---------------------------------------------------------------------------

Form I-90, Application to Replace Permanent Resident Card;
Form I-765, Application for Employment Authorization;
CNMI related petitions and applications; \79\
---------------------------------------------------------------------------

\79\ For example, Form I-129CW, Petition for CNMI-Only a
Nonimmigrant Transitional Worker, and Form I-539, Application to
Extend/Change Nonimmigrant Status.
---------------------------------------------------------------------------

Form I-485, Application to Register Permanent Residence or
Adjust Status; \80\
---------------------------------------------------------------------------

\80\ Certain categories may still be eligible for fee waivers of
an I-485, as identified in Table 7, as provided by INA 245(l)(7), 8
U.S.C. 1255(l)(7).
---------------------------------------------------------------------------

Forms for applicants exempt from the public charge
inadmissibility ground; \81\
---------------------------------------------------------------------------

\81\ For example, Form I-601, Application for Waiver of Grounds
of Inadmissibility, Form I-192, Application for Advance Permission
to Enter as Nonimmigrant, and Form I-193, Application for Waiver for
Passport and/or Visa.
---------------------------------------------------------------------------

Form I-751, Petition to Remove Conditions on Residence;
Naturalization and citizenship-related forms.\82\
---------------------------------------------------------------------------

\82\ Including Form N-400, Application for Naturalization; Form
N-470, Application to Preserve Residence for Naturalization
Purposes; Form N-336, Request for a Hearing on a Decision in
Naturalization Proceedings; Form N-565, Application for Replacement
of Naturalization/Citizenship Document; Form N-600, Application for
Certification of Citizenship; and Form N-600K, Application for
Citizenship and Issuance of Certificate Under section 322.
---------------------------------------------------------------------------

The Senate Appropriations Committee Report that accompanied the
fiscal year 2017 Department of Homeland Security Appropriations Act
\83\ expressed concern about the increased use of fee waivers, which
force those paying fees to absorb costs for which they receive no
benefit.\84\ DHS believes that these changes would make the fee
increase more equitable for all immigration benefit requests by
requiring fees for the service to be paid by those who benefit.
---------------------------------------------------------------------------

\83\ See Public Law 115-31, div. F, 131 Stat. 135, 404.
\84\ See S. Rep. No. 114-264, at 125 (2016).
---------------------------------------------------------------------------

b. Eligibility Requirements
Further, DHS proposes to generally limit fee waivers to individuals
who have an annual household income of less than 125 percent of the FPG
as defined by the U.S. Department of Health and Human Services (HHS).
Notwithstanding these general limitations, however, a fee waiver may be
authorized in the USCIS Director's discretion, even for those benefit
requests not normally amenable to a fee waiver,\85\ if an individual
meets all three of the following requirements:
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\85\ See proposed 8 CFR 106.3(b) and (c).
---------------------------------------------------------------------------

Has an annual household income at or below 125 percent of
the FPG as defined by HHS;
Is seeking an immigration benefit for which he or she is
not required to submit an affidavit of support under INA section 213A,
8 U.S.C. 1183a, or is not already a sponsored immigrant as defined in 8
CFR 213a.1; and
Is seeking an immigration benefit for which he or she is
not subject to the public charge inadmissibility ground under INA
section 212(a)(4), 8 U.S.C. 1182(a)(4).
In addition, DHS would update the language in the regulation to
codify that a person must submit a request for a fee waiver on the form
prescribed by USCIS, as provided in the previous Form I-912 notice and
provide evidence of household income such as federal income tax
transcripts.
USCIS believes that making these changes to the fee waiver policy
would assure that fee paying applicants do not bear the increasing
costs caused by application fees being waived.
c. Income Requirements
The poverty guidelines are used as an eligibility criterion by many
Federal public benefit programs and USCIS to determine income levels.
The poverty guidelines are a simplified version of the poverty
thresholds that the Census Bureau uses to prepare its estimates of the
number of individuals and families in poverty.\86\ Some federal
programs use a percentage multiple of the guidelines (for example, 125
percent or 185 percent of the guidelines), as noted in relevant
authorizing legislation or program regulations.\87\ The poverty
threshold or line (100 percent of the FPG) is the primary version of
the federal poverty measure, as updated by the Census Bureau every
year, and generally used to estimate the number of Americans in poverty
each year.\88\
---------------------------------------------------------------------------

\86\ See Annual Update of the HHS Poverty Guidelines 84 FR 1167,
1168, available at https://www.govinfo.gov/content/pkg/FR-2019-02-01/pdf/2019-00621.pdf.
\87\ See id.
\88\ See ASPE, Poverty Guidelines, available at https://aspe.hhs.gov/poverty-guidelines (last visited Aug. 16, 2019).
---------------------------------------------------------------------------

In the immigration context, USCIS uses 125 percent of the FPG as
the standard for public charge and affidavit of support purposes.\89\
Congress also identified 125 percent of FPG as a threshold for a
sponsor to support an individual immigrant to meet the requirements an
affidavit of support in the public charge inadmissibility
determination.\90\ The threshold for fee waiver eligibility under
current regulations of 150 percent of the FPG is higher than the
threshold used in the public charge and affidavit of support context.
DHS believes limiting fee waivers to households with incomes at or
below 125 percent of the FPG, as proposed in this rule, would be
appropriate because it would be consistent with the affidavit of
support requirements under INA sections 212(a)(4) and 213A, 8 U.S.C.
1182(a)(4).
---------------------------------------------------------------------------

\89\ See 8 CFR 212.22(b)(4)(i)(A).
\90\ See INA sec. 213A(f)(1)(E), 8 U.S.C. 1183a(f)(1)(E).
---------------------------------------------------------------------------

d. Subject to INA Section 212(a)(4) and Affidavit of Support
Requirements
The current fee waiver regulation allows people who are applying
for several immigration benefits--advance permission to enter as a
nonimmigrant, a waiver for passport and/or visa, adjustment of status,
or for a waiver of grounds of inadmissibility--to file a fee waiver
request if they are not subject to the public charge inadmissibility
ground. See 8 CFR 103.7(c)(4) (stating that certain fees may be waived
``only for an alien for which a determination

[[Page 62300]]

of their likelihood of becoming a public charge under section 212(a)(4)
of the Act is not required at the time of an application for admission
or adjustment of status''). Consistent with this provision, DHS is
proposing that fee waivers will not be available to applicants who are
subject to the public charge inadmissibility ground.\91\
---------------------------------------------------------------------------

\91\ See generally 8 CFR 103.7(c)(4).
---------------------------------------------------------------------------

DHS also proposes to preclude fee waivers for applicants who are
subject to an affidavit of support under INA section 213A, 8 U.S.C.
1183a, or is already a sponsored immigrant as defined in 8 CFR 213a.1.
Under the Illegal Immigration Reform and Immigrant Responsibility Act
(IIRIRA), Congress provided that the affidavit of support could be
legally required and enforced for certain immigration categories.\92\ A
sponsor generally must demonstrate that he or she is able to maintain
the sponsored alien at an annual income of not less than 125 percent of
the FPG.\93\ Although sponsors are not required to assist an alien with
immigration fees, a sponsor is generally financially responsible for
the alien; thus, an alien with a sponsor should not need a fee waiver.
DHS has decided that it is inconsistent with that law and its stated
objective that aliens be able to meet their needs for applicants who
have a sponsor through an affidavit of support to receive immigration
benefits for free, funded by others who are paying their full
immigration benefit request fee. Therefore, USCIS believes that
limiting fee waivers to those applicants who are not subject to
affidavit of support requirements is consistent with congressional
intent under IIRIRA.'' \94\
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\92\ See Div. C, Title V of Public Law 104-208, 110 Stat. 3009,
3009-670 (September 30, 1996).
\93\ See INA 213A. A sponsor who is on active duty (other than
active duty for training) in the U.S. armed forces and who is
petitioning for a spouse or child only has to demonstrate the means
to maintain an annual income equal to at least 100 percent of the
FPG.
\94\ See Div. C, Title V of Public Law 104-208, 110 Stat. 3009,
3009-670 (September 30, 1996).
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DHS notes that the House Report on Department of Homeland Security
Appropriations Bill, 2019 stated, ``USCIS is expected to continue the
use of fee waivers for applicants who can demonstrate an inability to
pay the naturalization fee. USCIS is also encouraged to consider
whether the current naturalization fee is a barrier to naturalization
for those earning between 150 percent and 200 percent of the federal
poverty guidelines, who are not currently eligible for a fee waiver.''
H. Rep. No. 115-948 at 61 (2018). USCIS appreciates the concerns of
this recommendation and fully considered it before publishing this
proposed rule. Nevertheless, DHS determined that the current trends and
level of fee waivers are not sustainable. Work that USCIS provides for
free or below cost impacts other fee-paying applicants by making their
fees higher so DHS can recover USCIS full cost. DHS is trying to make
the USCIS fee schedule more equitable for all applicants and
petitioners. As shown in the supporting documentation for this rule,
the number and dollar volume of fee waiver requests and foregone
revenue has trended upward during periods of economic improvement. That
indicates that, should the economy worsen, the number of fee waiver
requests will increase to a level that could threaten the ability of
USCIS to deliver programs without disruption.
Violence Against Women Act (VAWA) self-petitioners as defined under
INA 101(a)(51); T nonimmigrants; U nonimmigrants; battered spouses of
A, G, E-3, or H nonimmigrants; battered spouses or children of a lawful
permanent resident or U.S. citizen as provided under INA sec.
240A(b)(2); and TPS applicants are not subject to the public charge
inadmissibility provision or the affidavit of support requirements.
e. USCIS Director's Discretionary Fee Waivers and Emergency and
Disaster Relief
DHS proposes to retain the authority in regulations for the
Director of USCIS to waive any fee for a case or specific class of
cases, if the Director determines that such action would be in the
public interest and the action is consistent with other applicable law.
8 CFR 103.7(d); proposed 8 CFR 106.3(b). DHS is concerned that the
current authority provides too much discretion, however, and thus
proposes to limit a Director's discretionary waiver to cases related to
one of the following: (1) Asylees; (2) Refugees; (3) National security;
(4) Emergencies or major disasters declared in accordance with 44 CFR
part 206, subpart B; (5) An agreement between the U.S. government and
another nation or nations; or (6) USCIS error.
DHS also proposes to clarify the discretionary authority of the
Director to authorize fee waiver requests for a case or specific class
of cases such as for emergency and disaster relief including tsunamis,
wildfires, and hurricanes in accordance with 44 CFR part 206, subpart
B. USCIS would continue to notify the general public of eligibility for
fee waivers for specific forms under this provision through policy or
website updates. Individuals who would qualify for such a fee waiver
would still need to meet the requirements to request a fee waiver as
provided in proposed 8 CFR 106.3(d). Proposed 8 CFR 106.3(d) complies
with 42 U.S.C. 5174b. That law provides that the President, in
consultation with the Governor of a State, may waive certain fees for
an individual or household who lives in a federally declared disaster
area, including the following USCIS fees: Form I-90, Form I-193, Form
I-765, Form N-300, Form N-565, and the biometric services fee, which
are forms and services related to establishing immigration status. DHS
plans to carry out this permissive authority through the USCIS
Director's exercise of his or her discretion to provide a specific
class of fee waivers for emergency and disaster relief. See 84 FR 3957
(Feb. 13, 2019).
DHS acknowledges that the proposed changes to the fee waiver
policies would be a significant change from past fee waiver regulations
and policies. Section 286(m) of the INA, 8 U.S.C. 1356(m), authorizes
DHS to set USCIS fees at an amount necessary to recover the costs of
free adjudication and naturalization services provided. It does not
require that DHS provide free services. In past fee rules, DHS has made
clear that it would not authorize fee waivers where such a waiver is
inconsistent with the benefit requested and that fee waiver policy was
based on economic necessity, rather than providing certain applicants
with an advantage over another. See 75 FR 58974. In addition, DHS has
responded to comments requesting that it expand USCIS fee waivers by
stating that the financial circumstances required to be eligible for
certain benefits, such as intercountry adoptions, directly contradict
the rationale for shifting costs related to such applications to others
through fee waivers. See 72 FR 29863. As previously stated, fee waiver
increases accounted for 9 percent of the 21 percent weighted average
fee increase in the FY 2016/2017 fee rule, and DHS stated that it may
revisit the USCIS fee waiver guidance with respect to what constitutes
inability to pay under 8 CFR 103.7(c) because of the increasing costs
of providing free services through fee waivers. See 81 FR 26922.
Therefore, DHS is not basing the proposed changes to USCIS fee waiver
policies upon factual findings that contradict those underlying the
prior policy. In fact, the changes proposed in this rule are consistent
with the direction that DHS previously took regarding fee waivers for
emergency and disaster relief.
DHS appreciates that individuals who in the past may have received
a free

[[Page 62301]]

service from USCIS may no longer be able to have their USCIS fees
waived after these proposed changes take effect. However, to the extent
that a person is in the process of completing and filing an immigration
benefit request, has paid for assistance in preparing their request,
including gathering necessary evidence to support the request, this
rule provides public notice of the impending policy change. As for
applicants who are not in the process of preparing a benefit request,
there is no action that they would take as a result of assuming they
will receive a fee waiver after the publication of this rule because
they will be placed on notice of the likelihood of the proposed fee
waiver changes and provided sufficient time to conform their behavior
to the new requirements before they take effect.
f. Conforming Edits and Request for Comments
DHS also proposes to make conforming edits in its regulations to
remove references to fee waivers. See, e.g., proposed 8 CFR 240.63(a),
8 CFR 244.17(a), and 8 CFR 245.15(c)(2)(iv)(B). DHS also proposes to
remove fee waivers for Commonwealth of the Northern Mariana Islands
(CNMI) fees. See proposed 8 CFR 214.2(e)(23)(xv), (w)(14)(iii). DHS
welcomes comment on the proposed limits on who may file a fee waiver
request and for which forms a fee waiver may be requested.

D. Fee Exemptions

The fee-setting authority under INA section 286(m), 8 U.S.C.
1356(m), authorizes DHS to set its fees for adjudication and
naturalization services at a level to ensure recovery of the full costs
of providing all such services. That provision does not require that
USCIS charge a fee for all of its services, and it provides that USCIS
may set fees at less than full cost or provide services for free. That
authority necessarily means that DHS may fund or subsidize discounted
or free USCIS operations through the fees charged to other unrelated
filings. DHS has exercised its discretion to provide free services in a
number of ways, such as by codifying ``no fee,'' $0 fee, or simply
leaving the fee regulations silent and not codifying a fee for a
particular service that it provides.
In addition, the current 8 CFR 103.7(d) provision provides that the
USCIS Director may create an exemption from certain fees ``for a case
or specific class of cases that is not otherwise provided in this
section, if the Director determines that such action would be in the
public interest and the action is consistent with other applicable
law.'' This authority is limited to the Director and may only be
delegated to the USCIS Deputy Director.
An individual would not be permitted to independently submit a
request to the USCIS Director to waive his or her fee. Previous USCIS
Directors have used this authority to provide fee exemptions for
specific categories and groups of immigrants.
Consistent with the discussion above about the TVPRA, no law
requires USCIS to provide fee exemptions for any immigration category
listed below. Application fees from other form types have always been
used to fund the costs of processing fee-exempt filings. See, e.g., 81
FR 73295. Continuing to exempt these populations from paying associated
fees would result in the costs of their requests being borne by the
other proposed fees.
DHS proposes to clarify the Director's fee exemption provision in
proposed 8 CFR 106.3(f) to specify that fee exemptions must be related
to one of the following:
Asylees;
Refugees;
National security;
Emergencies or major natural disasters declared in
accordance with 44 CFR part 206, subpart B; \95\
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\95\ This authority is proposed to extend only to a Presidential
declaration of a major disaster or an emergency granted in
accordance with 8 CFR part 206, subpart B.
---------------------------------------------------------------------------

A diplomatic agreement or to further relations between the
U.S. Government and other nations; or
USCIS error.
Consistent with the proposed change to the Director's exemption
criteria, DHS proposes to remove the fee exemptions for an initial
request for an employment authorization document (Form I-765) for the
following classifications:
Citizen of Micronesia, Marshall Islands, or Palau;
Granted Withholding of Deportation or Removal;
Temporary Protected Status if the individual is filing an
initial TPS application and is under 14 years of age or over 65 years
of age; and
Applicant for Asylum and Withholding of Deportation or
Removal.
The proposed changes for asylum applicants and an Application for
Asylum and Withholding of Deportation or Removal are discussed in a
later section of this preamble, V.P.2. Fee for the Initial Application
for Employment Authorization while an Asylum Claim is Pending.
DHS is proposing to continue to exempt the following categories
that are consistent with the proposed criteria for a Director's
exemption:
Form I-102, Application for Replacement/Initial
Nonimmigrant Arrival/Departure Document: Nonimmigrant military members
of the U.S. Armed Forces, noncitizen participating in NATO or
Partnership for Peace Military Program under the Status of Forces
Agreement (SOFA).
Form I-539, Application to Extend/Change Nonimmigrant
Status: Noncitizen with Ambassador, Public Ministry, or Career
Diplomatic or Consular Officer and their Immediate Family and Attendant
or Servant (A-1, A-2, and A-3), Designated Principal Resident
Representative of a Foreign Government and Immediate Family and
Attendant or Servant (G-1, G-2, G-3, G-4, and G-5) or NATO
nonimmigrants status (NATO-1, NATO-2, NATO-3, NATO-4, NATO-5, NATO-6,
NATO-7, and NATO-8).
Form I-765, Application for Employment Authorization:
Asylees, refugees, noncitizens paroled as refugees, N-8 and N-9 Special
Immigrants under INA sections 101(a)(27)(I)(i) and (L); \96\ Victims of
Severe Form of Trafficking in Persons (T-1); Victim of Qualifying
Criminal Activity (U-1); dependents of Certain foreign national
organizations and NATO; VAWA Self-Petitioner principal; \97\ an
applicant who filed USCIS Form I-485 on or after July 30, 2007, and
before the effective date of this rule, and paid the Form I-485 fee;
Taiwanese dependents of Taipei Economic and Cultural Representative
Office TECRO E-1 employees.
---------------------------------------------------------------------------

\96\ N-8 is a parent of alien classed as SK3 (unmarried son or
daughter of retired G-4 (international Organization Officer or
Employee, or Immediate Family) and an N-9 is the child of Child of
N-8 or SK1 (Retired International Organization Employee, SK2 (spouse
of SKI-1), SK4 (unmarried son or daughter of G-3).
\97\ DHS notes that derivatives must pay the fees but are
eligible to request a fee waiver.
---------------------------------------------------------------------------

1. Form I-765 Exemption Related to Asylees and Refugees
USCIS is continuing to provide a fee exemption for Form I-765,
Application for Employment Authorization, for individuals who were
granted asylum (asylees) or who were admitted as refugees. This long-
standing policy is consistent with Article 17(1) of the 1951 Convention
relating to the Status of Refugees (as incorporated in the 1967
Protocol relating to the Status of Refugees), which states in pertinent
part ``The Contracting State shall accord to refugees lawfully staying
in their territory the most favorable treatment accorded to nationals
of a foreign

[[Page 62302]]

country in the same circumstances, as regards the right to engage in
wage-earning employment.''
2. Exemptions Related to International Organization Officers and to
Agreement Between the U.S. Government and Other Nations
Under the International Organization Immunities Act,\98\ certain
representatives of foreign governments may be entitled to enjoy some
privileges, exemptions and immunities. USCIS has several forms that
provide for NATO participants, ambassadors, and foreign government
representatives, as described above. These groups of individuals are
limited in number.
---------------------------------------------------------------------------

\98\ 59 Stat. 669, 22 U.S.C. 288.
---------------------------------------------------------------------------

DHS believes that continuing to exempt these categories from the
fees provides for consistency with agreements between the U.S.
Government and another nation or nations, as well as concepts of
reciprocity and good relations with other nations. Therefore, USCIS
believes that continuing the policy to exclude these categories of
applicants is appropriate to comply with agreements and promote good
relations with other nations.
3. Exemptions Related to VAWA Benefit Requests and to T and U
Nonimmigrant Status Categories
As previously discussed, TVPRA requires DHS to permit certain
applicants to apply for fee waivers for ``any fees associated with
filing an application for relief through final adjudication of the
adjustment of status.'' DHS interprets ``any fees associated with
filing an application for relief through final adjudication of the
adjustment of status'' to mean that, in addition to the main benefit
application, applicants must have the opportunity to request a fee
waiver for any form associated with the main benefit application up to
and including the adjustment of status application. The fees for the
VAWA, T, and U categories for Form I-765 had previously been exempted
because of the humanitarian nature of these programs and the likelihood
that individuals who file requests related to the VAWA, T and U
categories would qualify for a fee waiver if they request it. Thus it
is more efficient to exempt that population from fees than to employ
staff to review fee waiver requests that would usually be approved.
Based on the same reasoning, USCIS will continue to provide a fee
exemption for the Form I-765 for VAWA, T and U categories.

E. Changes to Biometric Services Fee

1. Incorporating Biometric Activities Into Immigration Benefit Request
Fees
DHS proposes to incorporate the biometric services cost into the
underlying immigration benefit request fees for which biometric
services are applicable. Currently, a separate $85 biometric services
fee may apply depending on the immigration benefit request \99\ or
other circumstances. See 8 CFR 103.7(b)(1)(i)(C). USCIS provides
tables, forms, instructions and other information to help individuals
assess whether they need to pay the biometric services fee. USCIS
rejects an application, petition, or request that fails to pay the
separate biometric services fee, if it applies. See 8 CFR 103.17(b).
DHS proposes to incorporate the cost of biometric services into the
underlying immigration benefit request fees to simplify the fee
structure, reduce rejections of benefit requests for failure to include
a separate biometric services fee, and better reflect how USCIS uses
biometric information.
---------------------------------------------------------------------------

\99\ For a quick reference of the immigration benefit requests
that currently require biometric services with the initial
submission, see USCIS, Form G-1055, Fee Schedule, available at
https://www.uscis.gov/g-1055.
---------------------------------------------------------------------------

DHS has broad statutory authority to collect biometric information
when such information is ``necessary'' or ``material and relevant'' to
the administration and enforcement of the INA. See, e.g., INA secs.
103(a), 235(d)(3), 264(a); 8 U.S.C. 1103(a), 1225(d)(3), 1304(a). The
collection, use, and reuse of biometric data are integral to identity
management, excluding people with criminal backgrounds, investigating
and addressing national security concerns, and maintaining program
integrity.
In previous fee rules, USCIS evaluated the biometric activity cost
as a single biometric service fee separate from the underlying
application, petition, or request. In the FY 2016/2017 fee review,
USCIS called the activity Perform Biometric Services. See 81 FR 26913.
USCIS clarified that persons filing a benefit request may be required
to appear for biometrics services or an interview and pay the biometric
services fee. See 81 FR 26917 and 81 FR 73325. There has been a single
biometric services fee for many years, which includes four separate
costs:
FBI Name Checks;
FBI fingerprints;
Application Support Center (ASC) contractual support; and
Biometric service management overall, including federal
employees at the ASC locations.
In the FY 2019/2020 fee review, USCIS identified each of these four
costs as distinct activities in the ABC model. These four activities
replace the single biometric activity that USCIS used in previous fee
reviews.\100\ USCIS used volume estimates to allocate these costs to
the proposed immigration benefit requests to which they generally
apply. The biometric volume estimates were specific to the projected
workload for FBI Name Checks, FBI fingerprints, and contractual support
at the ASC locations. In most cases, these estimates use the average
proportion of workload for each immigration benefit request over the
last three years. If USCIS believed the average of the last three years
did not reflect current plans, it used more recent data or other
assumptions. These proportions of each biometric service to receipts
can vary, because there is not always a one-to-one relationship between
a specific benefit request and a biometric service. For example, USCIS
may not require a new biometric collection at an ASC location if it
resubmits existing, stored biometric information to the FBI. As another
example, some immigration benefit requests, like adoption petitions and
applications, require that all adults in a household submit biometric
information. See, e.g., 8 CFR 204.310(a)(3)(ii) and 204.310(b). As
such, a single adoption petition or application may require one or more
adults to submit biometric information. Using biometric volumes
specific to individual biometric activities enables USCIS to better
forecast biometric costs. DHS proposes to incorporate biometric costs
into IEFA immigration benefit request fees by using this biometric
activity-specific information in the proposed fees. See proposed 8 CFR
106.2. DHS also proposes conforming edits elsewhere in its regulations
to remove references to the separate biometric services fee. See, e.g.,
proposed 8 CFR 204.5(p)(4), 204.310(a)(3)(ii), 212.19(e),
214.2(e)(23)(viii), 214.14(c)(1), 245.15 (h)(2), and 245a.12(d)(2).
---------------------------------------------------------------------------

\100\ The single biometric service activity was called Perform
Biometric Services in the FY 2016/2017 fee review. See 81 FR 26913-
4. Previously, USCIS called the activity Capture Biometrics. See 75
FR 33459 and 72 FR 4897.
---------------------------------------------------------------------------

The proposed changes in this rule may assist USCIS when shifting to
enterprise-wide person-centric identity management. For example, if
USCIS expands FBI Name Checks to additional immigration benefit
requests, then DHS may propose to increase the fee as appropriate for
the affected immigration benefit requests. This approach may

[[Page 62303]]

ensure that the affected applicant, petitioner, or requestor would pay
the appropriate fee rather than pass the cost burden of all other
biometric services to the affected applicants, petitioners, or
requestors.
USCIS forecasts biometric workload volumes by immigration benefit
request type in order to assign biometrics costs to the appropriate
immigration benefit request. Assigning costs to the underlying
immigration benefit request type may reduce the administrative burden
on USCIS to administer the separate fee and make it easier for
applicants, petitioners, and beneficiaries to calculate the total
payment that is due. However, USCIS proposes to retain the separate
biometric services fee for specific workloads, as described in the next
section.
2. Retaining the Separate Biometric Services Fee for Temporary
Protected Status
DHS has excluded from USCIS' ABC model for this proposed rule the
costs and revenue associated with Temporary Protected Status (TPS),
consistent with the previous fee rule. See 81 FR 73312-3. In addition,
as noted above, DHS proposes generally to eliminate a separate
biometric services fee and fund biometric services from the revenue
received from the underlying immigration benefit request fees. However,
DHS proposes to retain a separate biometric services fee for TPS.
Proposed 8 CFR 106.2(a)(37)(iii).
While the TPS registration fee is capped by INA section
244a(c)(1)(B), 8 U.S.C. 1254a(c)(1)(B) at $50, DHS has specific
statutory authority to collect ``fees for fingerprinting services,
biometric services, and other necessary services'' when administering
the TPS program. See 8 U.S.C. 1254b. USCIS collects biometrics for TPS
registrants. USCIS requires certain TPS initial applicants and re-
registrants to pay the biometric services fee in addition to the fees
for Form I-821, Application for Temporary Protected Status, and Form I-
765, Application for Employment Authorization, if they want employment
authorization. See Instructions for Form I-821 (``Applicants for both
initial TPS and for re-registration who are 14 years of age and older
must submit the $85 biometric services fee or a fee waiver request.'').
Because the $50 TPS initial application fee is capped by statute and
temporary by definition, USCIS has not included it in its ABC model.
Nevertheless, the model output of other fees indicates that the $50
amount provided by statute does not recover the full cost of
adjudicating these benefit requests.
To reduce the costs of TPS that USCIS must recover from fees
charged to other immigration benefit requests, DHS proposes to use the
permissive authority in 8 U.S.C. 1254b(a) to require a $30 biometric
services fee for TPS initial applications and re-registrations.
Proposed 8 CFR 106.2(a)(37)(iii). USCIS based the proposed $30
biometric services fee on the direct costs of collecting, storing, and
using biometric information. Currently, USCIS pays approximately $11.50
to the FBI for fingerprinting results. USCIS calculated that biometric
collection, storage, and use at an ASC costs approximately $19. USCIS
rounded the proposed fee to the nearest $5 increment, similar to other
IEFA fees. The proposed fee is less than the current $85 biometric
services fee because the current fee includes indirect costs. The FY
2016/2017 fee rule held the biometric services fee to $85, which has
not changed since the FY 2010/2011 fee rule.
3. Executive Office for Immigration Review (EOIR) \101\ Biometric
Services Fee
---------------------------------------------------------------------------

\101\ Within the Department of Justice, there is an Executive
Office for Immigration Review (EOIR), which includes a Director, the
Board of Immigration Appeals, the Office of the Chief Immigration
Judge, the Office of the Chief Administrative Hearing Officer, the
Office of Legal Access Programs, and other staff as the Attorney
General or the Director may provide. See 8 CFR 1003.0. USCIS
provides intake services for several requests filed with EOIR, for
which biometrics may be required.
---------------------------------------------------------------------------

Similarly, DHS is maintaining the current requirement that
applicants filing certain requests with EOIR submit a biometric
services fee. Proposed 8 CFR 103.7(a)(2). DHS, including USCIS, handles
all aspects of biometrics collection for EOIR and conducts background
security checks for individuals in immigration proceedings.\102\ This
fee is necessary to recover the costs USCIS incurs from performing that
service for EOIR. When individuals in immigration proceedings before
EOIR seek to file a motion, appeal, or immigration benefit request for
relief or protection from removal they are instructed to pay any
applicable biometrics and application fees to DHS. See 8 CFR
1103.7(a)(3).\103\ As previously explained, while DHS proposes to
incorporate the costs of biometric services into its underlying
immigration benefit request fees, DHS has no authority to change the
amounts it receives from EOIR fees to pay the costs it incurs for
biometric services (which includes background checks). Under this
proposed rule, DHS proposes to adjust only the fee for those requests
filed with and processed by USCIS. Consequently, USCIS has calculated
and proposes a biometric services fee of $30 that will be required for
certain forms for which it performs intake and biometrics services on
behalf of EOIR. See proposed 8 CFR 103.7(a)(2).
---------------------------------------------------------------------------

\102\ Guidance is available at Immigration Benefits in EOIR
Removal Proceedings, at https://www.uscis.gov/laws/immigration-benefits-eoir-removal-proceedings (last reviewed/updated Aug. 22,
2011).
\103\ This regulation provides that, except as provided in 8 CFR
1003.8, EOIR does not accept fees, and that fees relating to EOIR
proceedings are paid to DHS.
---------------------------------------------------------------------------

F. Form I-485, Application To Register Permanent Residence or Adjust
Status

1. Interim Benefits
DHS proposes to require separate filing fees when filing Form I-
765, Application for Employment Authorization and Form I-131,
Application for Travel Document concurrently with a Form I-485,
Application to Register Permanent Residence or Adjust Status, or after
USCIS accepts their Form I-485 and while it is still pending.
Usually, an applicant needs approval of a principal immigration
benefit request before receiving ancillary benefits such as employment
authorization and a travel document. That is, USCIS only grants those
ancillary benefits after or at the same time as it grants the principal
immigration status or benefit. In some situations, however, an
individual may qualify for an interim ancillary benefit because a
benefit request is pending adjudication. For example, a person who
applies for adjustment of status, in certain instances, would be able
to apply for employment authorization and/or a travel document based on
the pending immigration benefit request. See 8 CFR 274a.12(c)(9). When
this occurs, these ancillary benefits are referred to generally as
``interim benefits.'' \104\
---------------------------------------------------------------------------

\104\ Individuals may derive interim benefits from an
Application for Temporary Protected Status, Form I-821. Unless
otherwise stated in this proposed rule preamble, DHS uses interim
benefits to refer to benefits associated with Form I-485,
Application to Register Permanent Residence or Adjust Status.
---------------------------------------------------------------------------

Current DHS regulations provide that applicants who properly file
and pay the required fee for a Form I-485 may also file a Form I-765
and/or a Form I-131 without paying any additional fees. See 8 CFR
103.7(b)(1)(i)(M)(4) & (II). Applicants may file Form I-765 and/or Form
I-131 concurrently with Form I-485. Alternatively, they may file these
forms after USCIS accepts their Form I-485 but while the Form I-485 is
still pending.

[[Page 62304]]

Before the FY 2008/2009 fee rule, applicants paid separate fees to
apply for employment authorization or a travel document while waiting
on USCIS to adjudicate Form I-485. Applicants who had not yet received
a green card but who may have had to renew these interim benefits paid
any associated fees for the renewals. See 72 FR 4894. Since the FY
2008/2009 fee rule, USCIS has allowed anyone who files Form I-485 to
file Forms I-131 and I-765 concurrently (or after USCIS accepted their
Form I-485 but while the Form I-485 was still pending) without a fee if
they properly filed a Form I-485 with the required Form I-485 fee.
Applicants who had not yet received a green card but who may have had
to renew these interim benefits did not have to pay any associated
fees. For the FY 2008/2009 fee rule, USCIS determined that calculating
fees for Form I-485 at an amount that would include interim benefits
would improve efficiency and save most applicants money. See 72 FR 4894
and 29861-2. By providing that the fees for interim benefits would be
included in the fee for Form I-485, USCIS addressed the perception that
it benefits from increased revenue by processing Forms I-485 more
slowly. See 72 FR 4894 and 29861-2. The FY 2010/2011 fee rule continued
the practice of ``bundling'' the fees for interim benefits and Form I-
485. See 75 FR 58968.
In the FY 2016/2017 fee review, USCIS determined the workload
volume and fee-paying percentage of Forms I-765 and Forms I-131 that
are not associated with Forms I-485. This enabled USCIS to derive a
fee-paying percentage for standalone Forms I-765 and Forms I-131,
meaning those forms not filed concurrently with a Form I-485. See 81 FR
26918 and 73300. By isolating stand-alone interim benefit applicants
from those concurrently filing Form I-485, USCIS more accurately
assessed fee-paying percentages, fee-paying volumes, and fees for all
three benefit types. Id.
DHS proposes to return to charging separate fees for Forms I-485,
I-765, and I-131. See proposed 8 CFR 106.2(a)(16); 8 CFR 106.2(a)(32);
8 CFR 106.2(a)(7)(iii). The proposed change would be subject to phased
implementation. Specifically, individuals who filed a Form I-485 after
July 30, 2007 (the FY 2008/2009 fee rule) and before this proposed
change takes effect will continue to be able to file Forms I-131 and I-
765 without additional fees for as long as their Form I-485 is pending.
Individuals who filed before the FY 2008/2009 fee rule or after this
proposed change becomes effective would pay separate fees for interim
benefits. The proposed changes are summarized in Table 8. Dates are not
available for the proposed changes.

Table 8--Form I-485 Filing Dates and Interim Benefits
------------------------------------------------------------------------
Form I-485 filing date Bundled fee applies?
------------------------------------------------------------------------
Before July 30, 2007.......................... No.
After July 30, 2007, but before [INSERT Yes.
EFFECTIVE DATE OF THIS RULE].
After implementing this proposed change with a No.
final rule.
------------------------------------------------------------------------

DHS proposes this change in order to reduce the proposed fee
increases for Form I-485 and other forms. For example, in the previous
fee rule, USCIS isolated the workload volume and fee-paying percentage
of Forms I-765 and I-131 that are not associated with Form I-485. See
81 FR 26918. Isolating the volumes for interim benefits reduced the
overall volume on the fee schedule because we only counted interim
benefit volumes as part of the Form I-485 forecast instead of counting
them twice (for Form I-485 and the interim benefit). Based on the total
number of Form I-485 applications that were concurrently filed with
Forms I-131 and I-765 on the same day in FY 2017, USCIS expects
approximately 424,000 annual interim benefit applications in FY 2019/
2020 forecast. In the proposed fee schedule, USCIS assumes these
interim benefit applicants will pay the applicable fees for Forms I-
485, I-131, and I-765. If USCIS were to continue the previous approach
and assume these applicants only pay the fee for Form I-485, then the
proposed fee for Form I-485 would be $1,240, $120 or approximately 11
percent more than the proposed fee of $1,120. See 8 CFR
103.7(b)(1)(i)(U); proposed 8 CFR 106.2(a)(16). Other proposed fees
would also change on this hypothetical fee schedule. For example, the
Form I-90, Application to Replace Permanent Resident Card, fee would
remain $455 in this hypothetical fee schedule. The proposed Form I-90
fee is $415, $40 or approximately 9 percent less than the current $455
fee. See 8 CFR 103.7(b)(1)(i)(G); proposed 8 CFR 106.2(a)(1). This
version of the fee schedule has a weighted average fee increase of 23
percent compared to the 21 percent average fee increase in proposed fee
schedule.\105\ In general, the fees are higher in a fee schedule with
bundled fee interim benefits because it has lower workload and fee-
paying volume than the proposed fee schedule. This means there are
fewer immigration benefit requests for USCS to recover projected costs
in a fee schedule with bundled fee interim benefits. DHS proposes
separate fees for interim benefit applications and Form I-485
applications in order to lower the proposed fees for most other
applicants, petitioners, and requestors.
---------------------------------------------------------------------------

\105\ See footnote 6 for more information on the weighted
averages in the fee schedule. In a fee schedule with free interim
benefits, the sum of the current fees multiplied by the projected FY
2019/2020 fee-paying receipts for each immigration benefit type,
divided by the total fee-paying receipts is $533. This is $3 higher
than in the proposed fee schedule because the fee-paying volumes are
lower when we assume free interim benefits. The weighted average
proposed fee is $655, $122 or 23 percent higher than the weighted
average current fee of $533 in this hypothetical fee schedule that
assumes free interim benefits.
---------------------------------------------------------------------------

DHS proposes to reduce the Form I-485 fee to $1,120, which is $20
or 2 percent less than the current $1,140 fee that includes interim
benefits. However, the cost reducing effects of unbundling interim
benefit fees is partially offset by several other factors that increase
the costs of the Form I-485. For example, background check requirements
have increased.\106\ USCIS is also interviewing a greater proportion of
adjustment of status applicants, requiring more time and effort to
adjudicate Form I-485.\107\ In addition, USCIS did not realize the
efficiency gains anticipated when it bundled interim benefits. See 72
FR 4894. This is due to a number of reasons. Mainly, annual numerical
visa limits established by Congress and high demand have created long
wait times for some visa categories.\108\ Many

[[Page 62305]]

applicants must wait years for visas to become available. While USCIS
has some control over its own allocation of resources to address
processing times and backlogs, USCIS has no direct control over delays
caused by the U.S. Department of State's allocation of visa numbers and
Congress' annual visa numerical limits. USCIS has taken some actions to
alleviate the filing burden and fees on those individuals whose Form I-
485 applications are still pending due to the lack of available
immigrant visas. For example, DHS now provides EADs with 2-year
validity periods when the final action date for determining visa
availability retrogresses.\109\
---------------------------------------------------------------------------

\106\ See, e.g., Exec. Order No. 13780, Protecting the Nation
From Foreign Terrorist Entry Into the United States, 82 FR 13209
(Mar. 6, 2017).
\107\ USCIS, USCIS to Expand In-Person Interview Requirements
for Certain Permanent Residency Applicants, https://www.uscis.gov/news/news-releases/uscis-to-expand-in-person-interview-requirements-for-certain-permanent-residency-applicants (last reviewed/updated
Aug. 28, 2017).
\108\ See USCIS, Visa Retrogression at https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/visa-retrogression (last reviewed/updated March 8,
2018).
\109\ USCIS may, in its discretion, determine the validity
period assigned to any document issued evidencing an individual's
authorization to work in the United States. See 8 CFR 274a.12(b).
---------------------------------------------------------------------------

New applicants would only pay for the benefits that they wish to
receive as a result of this proposal. In the FY 2008/2009 and FY 2010/
2011 fee rules, some commenters stated they did not want to pay for
additional benefits they did not want, need, or receive. See 72 FR
29861-3 and 75 FR 58968. This proposal is in line with the beneficiary-
pays principle discussed in the Fee Waivers section of this preamble.
Finally, this change would treat Form I-485 applicants similarly to
other applicants who apply for interim benefits. In previous fee rules,
bundled interim benefit fees were only associated with a pending Form
I-485. However, several other applications may warrant interim
benefits.\110\ DHS has decided it is more equitable to treat all of
these petitioners and applicants the same, regardless of the request
that may grant interim benefits. Some applicants would pay
significantly more to adjust status and apply for one or more interim
benefits. Table 9 compares the current fees for Form I-485 applicants
that may bundle interim benefits to the proposed fees without bundling.
---------------------------------------------------------------------------

\110\ See footnote 79.

Table 9--Current and Proposed Fees for Adjustment of Status with Interim Benefits
----------------------------------------------------------------------------------------------------------------
Percentage
Immigration benefit request Current fees Proposed fees Difference difference
----------------------------------------------------------------------------------------------------------------
I-485, Application to Register Permanent $1,140 $1,120 -$20 -2 percent
Residence or Adjust Status.....................
I-765, Application for Employment Authorization. 410 490 80 20
I-131, Application for Travel Document.......... 575 585 10 2
Biometric Services Fee.......................... 85 \111\ N/A -85 -100
---------------------------------------------------------------
Total Fees for Form I-485 and biometric services 1,225 1,120 -105 -9
-----------------------------------------------
Total Fees for Forms I-485 and I-765 and 1,610 385 31
biometric services.............................
-----------------------------------------------
Total Fees for Forms I-485 and I-131 and 1,705 480 39
biometric services.............................
-----------------------------------------------
Total Fees for Form I-485, all interim benefits, 2,195 970 79
and biometric services.........................
----------------------------------------------------------------------------------------------------------------

2. Form I-485 Fee for Child Under 14, Filing with Parent
---------------------------------------------------------------------------

\111\ As noted earlier in this preamble, DHS propose to
eliminate the separate $85 fee in most cases. See V.E. Changes to
Biometric Services Fee section for more information.
---------------------------------------------------------------------------

Currently, Form I-485 has two fees. The fee for an adult is $1,140,
and the fee for a child under the age of 14 concurrently filing with a
parent is $750. See 8 CFR 103.7(b)(1)(i)(U). DHS proposes to require
payment of the proposed $1,120 fee for all applicants, including
children under the age of 14 years concurrently filing Form I-485 with
a parent.\112\ See 8 CFR 103.7(b)(1)(i)(U)(2); proposed 8 CFR
106.2(a)(16).
---------------------------------------------------------------------------

\112\ The parent may be seeking classification as an immediate
relative of a U.S. citizen, a family-sponsored preference immigrant,
or a family member accompanying or following to join a spouse or
parent under sections 201(b)(2)(A)(i), 203(a)(2)(A), or 203(d) of
the INA; 8 U.S.C. 1151(b)(2)(A)(i), 1153(a)(2)(A), or 1153(d).
---------------------------------------------------------------------------

DHS no longer believes there is a cost basis for the two different
Form I-485 fees. As explained in the FY 2016/2017 fee rule, USCIS does
not track the adjudication time for Form I-485 based on the age of the
applicant so there is no data showing a cost difference correlated to
the difference in applicant age. See 81 FR 73301. The FY 2016/2017 fee
rule calculated the $750 fee using the model output to comply more
closely with the ABC methodology for full cost recovery. See 81 FR
26919. USCIS assumed that the $750 fee would not include the cost of an
EAD. Id. As such, the completion rate for the $750 fee was lower than
most adults. In addition, children under the age of 14 do not typically
pay the $85 biometric services fee required for adults that apply to
adjust status. In the proposed Form I-485 fee, USCIS assumes the same
completion rate and biometric services for adults and children because
DHS proposes to separate interim benefit request fees from the fee for
Form I-485. DHS believes that a single fee for Form I-485 will reduce
the burden of administering separate fees and better reflect the cost
of adjudication. This proposal will affect a small percentage of Form
I-485 applicants. In FY 2017 and 2018, approximately 6 percent of Form
I-485 applicants paid the $750 fee. See Table 10 for Form I-485 fee-
paying receipts and percentages for the two years.

[[Page 62306]]

Table 10--Form I-485 Fee-Paying Receipts
----------------------------------------------------------------------------------------------------------------
FY 2017 fee- FY 2018 fee-
Form I-485 applicant type Current fee paying Percent of FY paying Percent of FY
receipts 2017 receipts 2018
----------------------------------------------------------------------------------------------------------------
Applicant under the age of 14 $750 32,870 6 33,290 6
years who submits the
application concurrently with
the Form I-485 of a parent.....
All other fee-paying applicants 1,140 511,432 94 496,113 94
for Form I-485.................
-------------------------------------------------------------------------------
Total....................... N/A 544,302 100 529,403 100
----------------------------------------------------------------------------------------------------------------

In addition, DHS is proposing to clarify the fee for applicants for
adjustment of status pursuant to INA section 245(i). Such applicants
are required to properly file Form I-485 with fee along with Form I-485
Supplement A and the $1,000 statutory fee, unless exempted by the
statute. USCIS proposes that the fee for the Application to Adjust
Status under Section 245(i) of the Act, Form I-485, Supplement A, be
revised to clarify that the Form I-485 Supplement A and the $1,000 fee
must be submitted when the Form I-485 is filed or still pending. See
proposed 8 CFR 106.2(a)(17). An applicant who has not paid the $1,000
statutory fee when applying for adjustment of status has not been
lawfully adjusted and cannot satisfy the ``lawfully admitted''
requirement of INA section 318, 8 U.S.C. 1429, for naturalization. DHS
is also proposing to delete the text from the Form I-485, Supplement A,
that provides that there is no fee when the applicant is an unmarried
child under 17 or the spouse or the unmarried child under 21 of an
individual with lawful immigration status and who is qualified for and
has applied for voluntary departure under the family unity program. See
8 CFR 103.7(b)(1)(i)(V); proposed 8 CFR 106.2(a)(17). Those fee
exemptions are explicitly provided by statute and will be included in
the applicable form instructions. See INA section 245(i)(1)(C), 8
U.S.C. 1255(i)(1)(C). It is unnecessary to codify them in the Code of
Federal Regulations.

G. Continuing To Hold Refugee Travel Document Fee to the Department of
State Passport Fee

Consistent with U.S. obligations under Article 28 of the 1951
Convention relating to the Status of Refugees,\113\ DHS proposes to
continue to charge a fee for refugee travel documents linked to the fee
for a U.S. passport book. See 75 FR 58972 (discussing Article 28
standards for assessing charges for a refugee travel document). In
previous fee rules, DHS aligned the refugee travel document fees to the
sum of the United States passport book application fee plus the
additional execution fee that DOS charges for first time applicants.
See 81 FR 73301 and 75 FR 58972. Since the FY 2016/2017 fee rule, DOS
increased the execution fee from $25 to $35, a $10 or 40 percent
increase. See Department of State, Schedule of Fees for Consular
Services, Department of State and Overseas Embassies and Consulates-
Passport Services Fee Changes, 83 FR 4425 (Jan. 31, 2018). Under this
proposal, DHS would increase refugee travel document fees by a
conforming amount. DHS refugee travel document fees would be $145 for
adults and $115 for children under the age of 16 years, consistent with
current U.S. passport fees. See proposed 8 CFR 106.2(a)(7)(i) and (ii).
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\113\ The United States is party to the 1967 Protocol Relating
to the Status of Refugees, Jan. 31, 1967, 19 U.S.T. 6224, 606
U.N.T.S. 267 (1968), which incorporates articles 2 through 34 of the
1951 Convention. The United States is not party to the 1951
Convention. See Sale v. Haitian Ctrs. Council, Inc., 509 U.S. 155,
169 n.19 (1993) (``Although the United States is not a signatory to
the Convention itself, in 1968 it acceded to the United Nations
Protocol Relating to the Status of Refugees, which bound the parties
to comply with Articles 2 through 34 of the Convention as to persons
who had become refugees because of events taking place after January
1, 1951.'').
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H. Form I-131A, Carrier Documentation

DHS proposes to separate the fee for Form I-131A, Application for
Carrier Documentation, from other travel document fees and to expand
the population eligible to file Form I-131A. See 8 CFR
103.7(b)(1)(i)(M)(3); proposed 8 CFR 106.2(a)(8). The proposed fee for
Form I-131A is $1,010, a $435 or 76 percent increase from the current
$575 fee. Id. In 2016, USCIS began using Form I-131A, Application for
Carrier Documentation. See 80 FR 59805. In the FY 2016/2017 fee rule,
DHS implemented a fee that was calculated using the total Form I-131
and I-131A workload. See 81 FR 73294-5.
Currently, certain lawful permanent residents (LPRs) may use Form
I-131A to apply for a travel document (carrier documentation) if their
Permanent Resident Card (PRC), also known as a Green Card or Form I-
551, or their reentry permit is lost, stolen, or destroyed while
outside of the United States. Carrier documentation allows an airline
or other transportation carrier to board the LPR without any penalty to
the airline or transportation carrier for permitting an individual to
board without a visa or travel document. See INA section 273, 8 U.S.C.
1323 (providing for a fine of $3,000 for each noncitizen without proper
documentation). In order to be eligible for carrier documentation, an
LPR who was traveling on a PRC must have been outside the United States
for less than one year, and an LPR who was traveling on a reentry
permit must have been outside the United States for less than two
years. Form I-131A is not an application for a replacement PRC or
reentry permit.
DHS proposes a Form I-131A fee separate from Form I-131 because
Form I-131A differs from other applications for travel documents. The
proposed separate Form I-131A fee would be more equitable because the
form requires a different adjudicative process than Form I-131,
including processing by personnel outside of the United States, which
affects the projected cost for Form I-131A. Other travel documents may
be adjudicated inside or outside of the United States, while the DOS
Bureau of Consular Affairs, located outside of the United States, will
process Form I-131A following the closure of some USCIS international
offices.\114\ It generally costs more to process Form I-131A outside of
the United States, and therefore, providing carrier documentation is
relatively more expensive for USCIS than providing other travel
documents. The proposed fee includes direct costs to account for the
fee DOS charges USCIS to adjudicate Form I-131A applications, which is

[[Page 62307]]

approximately $385 each.\115\ In the FY 2018 interagency agreement and
in this proposed rule, USCIS projects that DOS will receive
approximately 6,199 Forms I-131A each year. Separately, USCIS forecasts
that USCIS or DOS will receive 3,600 Forms I-131A each year based on
historic USCIS receipts. The total Form I-131A receipt forecast for
USCIS or DOS is 9,799 per year.
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\114\ See USCIS Will Adjust International Footprint to Seven
Locations at https://www.uscis.gov/news/news-releases/uscis-will-adjust-international-footprint-seven-locations (last reviewed/
updated Aug. 9, 2019). The volume and cost projections used in this
rule were generated before planning to adjust the international
footprint of USCIS and do not incorporate cost changes associated
with the adjustment. DHS will incorporate resulting cost changes in
future fee rules.
\115\ The FY 2018 interagency agreement between Department of
State and USCIS uses an Economy Act rate of $385.88 for the
adjudication. USCIS used FY 2018 rates when calculating the proposed
fees. The FY 2019 interagency agreement between Department of State
and USCIS uses an Economy Act rate of $352.15 for the adjudication.
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DHS also proposes to expand the population that is eligible to use
Form I-131A. DHS proposes to allow individuals whose advance parole
documents or combination employment authorization and advance parole
cards (combo cards) that are lost, stolen, or destroyed to use Form I-
131A to apply for a carrier document while abroad. Currently, there is
no clear process for individuals who lose advance parole documents
while they are abroad to replace those documents. Since USCIS does not
issue advance parole documents to individuals who are abroad, it is not
possible to replace a lost or stolen advance parole document until the
individual returns to the United States. Some have applied for
humanitarian parole to return to the United States, which requires the
applicant to demonstrate an urgent humanitarian reason or significant
public benefit as there is currently no other appropriately established
process for such individuals to obtain a travel document to return to
the United States. See generally INA sec. 212(d)(5), 8 U.S.C.
1182(d)(5); 8 CFR part 223.\116\ DHS proposes to permit those
individuals to file Form I-131A to request carrier documentation, which
would allow them to board a return flight to the United States despite
their advance parole document having been lost, stolen, or destroyed.
DOS personnel would verify that such an individual previously obtained
the advance parole authorization before issuing the carrier
documentation. At this time, USCIS cannot estimate the number of
additional Form I-131A requests that may be filed as a result of this
proposed change. However, USCIS expects the increase in the number of
filings to be small. While USCIS does not track Form I-131 humanitarian
parole requests made specifically for carrier documentation, there were
approximately 200 Form I-131 submissions in FY 2017 without a
designation of the underlying basis of the request. Individuals who
used humanitarian parole requests to obtain carrier documentation would
be a subset of those approximately 200 receipts.
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\116\ For relevant guidance, see USCIS to Issue Employment
Authorization and Advance Parole Card for Adjustment of Status
Applicants: Questions and Answers, https://www.uscis.gov/news/questions-and-answers/uscis-issue-employment-authorization-and-advance-parole-card-adjustment-status-applicants-questions-and-answers (last reviewed/updated March 9, 2018).
---------------------------------------------------------------------------

I. Separating Form I-129, Petition for a Nonimmigrant Worker, Into
Different Forms

Currently, employers and other qualified filers, such as agents,
sponsoring organizations and investors (collectively referred to as a
``benefit requestor'' or separately referred to as a ``petitioner'' or
``applicant,'' as applicable) may use Form I-129, Petition for a
Nonimmigrant Worker, to make a benefit request on behalf of a current
or future nonimmigrant worker to temporarily perform services or labor,
or to receive training in the United States.\117\ Using this single
form, petitioners or applicants can file petitions or applications for
many different types of nonimmigrant workers.\118\ Some classifications
also allow nonimmigrants to ``self-petition'' or file a petition or
application on behalf of themselves. Some nonimmigrant classifications
require use of Form I-129 supplemental forms, such as the H
Classification Supplement, or additional separate forms, such as Form
I-129S, Nonimmigrant Petition Based on Blanket L Petition. Certain
petitioners or applicants must pay statutory fees in addition to a base
filing fee in some cases. For example, several statutory fees exist for
H and L nonimmigrant workers.\119\ In some cases, petitioners or
applicants pay a single fee for multiple nonimmigrant beneficiaries.
USCIS provides several optional checklists to help navigate the
specific requirements of some nonimmigrant classifications.
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\117\ See Temporary (Nonimmigrant) Workers at https://www.uscis.gov/working-united-states/temporary-nonimmigrant-workers
(last reviewed/updated Sept. 7, 2011).
\118\ For example, nonimmigrants workers in the following
classifications: E-1, E-2, E-2C, H-1B, H-2A, H-2B, H-3, L-1, O-1, O-
2, P-1, P-1S, P-2, P-2S, P-3, P-3S, Q-1, R-1, TN1, and TN2. See Form
I-129, Petition for a Nonimmigrant Worker at https://www.uscis.gov/i-129 (last reviewed/updated Sept 11, 2018).
\119\ Various statutory fees apply to H and L nonimmigrants. For
more information on the fees and statutory authority, see USCIS, H
and L Filing Fees for Form I-129, Petition for a Nonimmigrant
Worker, https://www.uscis.gov/forms/h-and-l-filing-fees-form-i-129-petition-nonimmigrant-worker (last updated/reviewed Feb. 2, 2018).
---------------------------------------------------------------------------

DHS proposes to separate Form I-129 into several forms. These new
forms will incorporate information from the various supplemental forms
for specific types of workers or nonimmigrant classifications. DHS
proposes different fees for these new forms. The proposed fees are
calculated to better reflect the costs associated with processing the
benefit requests for the various categories of nonimmigrant worker. The
current base filing fee for Form I-129 is $460. See 8 CFR
103.7(b)(1)(i)(I). This base filing fee is paid regardless of how many
nonimmigrant workers will benefit from the petition or application, the
type of worker (for example, landscaper, chef, scientist, computer
programmer, physician, athlete, musician, etc.), whether an employee is
identified, and without differentiating the amount of time it takes to
adjudicate the different nonimmigrant classifications. Therefore, in
order to reflect these differences, DHS is proposing a range of fees
for petitions and applications for nonimmigrant workers, listed in
Table 11 and explained in the subsequent sections. By splitting the
form and proposing several different fees, USCIS believes it will
simplify or consolidate the information requirements for petitioners
and applicants as well as better reflect the cost to adjudicate each
specific nonimmigrant classification. In addition, DHS is proposing
that, where any new Form I-129 is filed for a named worker who is
present in the United States, the petitioner must provide USCIS with a
valid domestic address for the named worker(s) when submitting the
form. DHS welcomes comments on the new forms.
In 2017, the DHS Office of Inspector General (OIG) released a
report on H-1B visa participants. It discussed how USCIS verifies H-1B
visa participants through the Administrative Site Visit and
Verification Program (ASVVP). ASVVP includes site visits on all
religious worker petitioners, including R nonimmigrants, as well as
randomly selected site visits for certain H-1B and L workers to assess
whether petitioners and beneficiaries comply with applicable
immigration laws and regulations. As a result of the OIG audit, USCIS
began to collect better information on the costs associated with ASVVP.
For example, ASVVP now uses unique project and task codes in the USCIS
financial system to track spending. Additionally, USCIS tracks ASVVP
hours by form type in the Fraud Detection and National Security Data
System, which USCIS uses to identify fraud and track potential
patterns. In the

[[Page 62308]]

FY 2019/2020 fee review, USCIS used some of this new information to
identify distinct costs for these site visits. USCIS used the ASVVP
hours by immigration benefit request to assign the appropriate direct
costs of site visits to Forms I-129. The proposed fees would result in
the cost of ASVVP being covered by the fees paid by the petitioners in
proportion to the extent to which ASVVP is being used for that benefit
request.
Additionally, USCIS now captures adjudication hours for
nonimmigrant worker petitions based on the classification for which the
petition is filed (see discussion of Completion Rates in section
IV.B.2). Therefore, the proposed fees include the costs associated with
the estimated adjudication hours for each of the new petitions being
proposed in this rule.

Table 11--Proposed Form Numbers and Form Titles for Separating Form I-
129
------------------------------------------------------------------------
Proposed form No. Proposed form title Proposed fee(s)
------------------------------------------------------------------------
I-129CW........................ Petition for a CNMI- $705.
Only Nonimmigrant
Transitional Worker.
I-129E&TN...................... Application for $705.
Nonimmigrant Worker:
E or TN
Classification.
I-129H1........................ Petition for $560.
Nonimmigrant Worker:
H-1 Classification.
I-129H2A....................... Petition for $860 (named);
Nonimmigrant Worker: $425 (unnamed).
H-2A Classification.
I-129H2B....................... Petition for $725 (named);
Nonimmigrant Worker: $395 (unnamed).
H-2B Classification.
I-129L......................... Petition for $815.
Nonimmigrant Worker:
L Classification.
I-129MISC...................... Petition for $705.
Nonimmigrant Worker:
H-3, P, Q, or R
Classification.
I-129O......................... Petition for $715.
Nonimmigrant Worker:
O Classification.
------------------------------------------------------------------------

1. Form I-129H1, Petition for Nonimmigrant Worker: H-1 Classifications
DHS proposes to create Form I-129H1, Petition for H-1B Nonimmigrant
Worker or H-1B1 Free Trade Nonimmigrant Worker. See proposed 8 CFR
106.2(a)(3)(i). The H-1B nonimmigrant program is for individuals who
will perform services in a specialty occupation, services of
exceptional merit and ability relating to a Department of Defense (DOD)
cooperative research and development project, or services as a fashion
model of distinguished merit or ability; while the H-1B1 nonimmigrant
program is for nationals of Singapore or Chile engaging in specialty
occupations. See INA sec. 101(a)(15)(H)(i)(b), (H)(i)(b1); 8 U.S.C.
1101(a)(15)(H)(i)(b), (H)(i)(b1).\120\ DHS proposes a fee of $560 for
the Form I-129H1. The proposed fee for a petitioner to file Form I-
129H1 more accurately incorporates the direct cost of USCIS fraud
prevention efforts for H-1B workers and other planned changes. DHS does
not propose any changes to statutory fee amounts for certain H-1B
petitioners because it does not have the authority to change the amount
of these fees.\121\
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\120\ See H-1B Specialty Occupations, DOD Cooperative Research
and Development Project Workers, and Fashion Models, https://www.uscis.gov/working-united-states/temporary-workers/h-1b-specialty-occupations-dod-cooperative-research-and-development-project-workers-and-fashion-models (last reviewed/updated April 3,
2017).
\121\ Certain H-1B petitions may have to pay up to $6,000 in
statutory fees. DHS does not have the authority to adjust the amount
of these statutory fees. USCIS does not keep most of the revenue.
CBP receives 50 percent of the $4,000 9-11 Response and Biometric
Entry-Exit fee and the remaining 50 percent is deposited into the
General Fund of the Treasury. USCIS retains 5 percent of the $1,500
or $750 American Competitiveness and Workforce Improvement Act
(ACWIA) fee. The remainder goes to the Department of Labor and the
National Science Foundation. USCIS keeps one third of the $500 Fraud
Detection and Prevention fee, while the remainder is split between
the Department of State and the Department of Labor. These statutory
fees are in addition to the current Form I-129 fee of $460 and
optional premium processing fee of $1,410. See USCIS, H and L Filing
Fees for Form I-129, Petition for a Nonimmigrant Worker, https://www.uscis.gov/forms/h-and-l-filing-fees-form-i-129-petition-nonimmigrant-worker (last updated/reviewed Feb. 2, 2018).
---------------------------------------------------------------------------

2. Forms I-129H2A and I-129H2B, Petitions for H-2A and H-2B Workers
DHS proposes to create Form I-129H2A, Petition for Nonimmigrant
Worker: H-2A Classification, and Form I-129H2B, Petition for
Nonimmigrant Worker: H-2B Classification. The H-2A program allows U.S.
employers or U.S. agents who meet specific regulatory requirements to
bring foreign nationals to the United States to fill temporary
agricultural jobs.\122\ The H-2B program allows U.S. employers or U.S.
agents who meet specific regulatory requirements to bring foreign
nationals to the United States to fill temporary nonagricultural
jobs.\123\ On March 6, 2017, OIG issued an audit report after reviewing
whether the fee structure associated with H-2 petitions is equitable
and effective.\124\ OIG identified a number of issues and provided
recommendations to address the issues. The creation of the two new
forms, Forms I-129H2A and I-129H2B, is USCIS' response to OIG's
recommendations. Further, USCIS proposes the following changes:
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\122\ See H-2A Temporary Agricultural Workers, https://www.uscis.gov/working-united-states/temporary-workers/h-2a-temporary-agricultural-workers (last reviewed/updated March 8,
2018).
\123\ See H-2B Temporary Non-Agricultural Workers, https://www.uscis.gov/working-united-states/temporary-workers/h-2b-temporary-non-agricultural-workers (last reviewed/updated June 11,
2018). H-2B petitioners who file with USCIS are required to pay a
$150 Fraud Detection and Prevention fee per petition regardless of
the number of beneficiaries to which the petition pertains. DHS does
not propose any change to this statutory fee because it lacks the
authority to do so by rulemaking. See INA secs. 214(c)(12)-(13),
286(v); 8 U.S.C. 1184(c)(12)-(13) 1356(v). This statutory fee is in
addition to the current Form I-129 fee of $460 and optional premium
processing fee of $1,410.
\124\ DHS OIG, H-2 Petition Fee Structure Is Inequitable and
Contributes to Processing Errors (Mar. 6, 2017), available at
https://www.oig.dhs.gov/sites/default/files/assets/2017/OIG-17-42-Mar17.pdf.
---------------------------------------------------------------------------

Separate fees for petitions with named workers and
petitions with unnamed workers;
Limit the number of named workers that may be on a single
petition to 25.
DHS proposes separate H-2A and H-2B fees for petitions with named
workers and unnamed workers. Currently, petitions for H-2A or H-2B
workers may include named or unnamed workers. Petitioners must name
workers when (1) the petition is filed for a worker who is a national
of a country not designated by the Secretary of Homeland Security as
eligible to participate in the H-2A or H-2B program; or (2) the
beneficiary is in the United States. See 8 CFR 214.2(h)(2)(iii). In
addition, USCIS may require the petitioner to name H-2B workers where
the name is needed to establish eligibility for H-2B nonimmigrant
status. USCIS estimates that it requires less time and resources to
adjudicate a petition with unnamed workers than one with named workers.
USCIS runs background checks on named workers, but cannot do so for
unnamed workers. After the petition is approved, the petitioner finds
workers and the worker applies for a nonimmigrant visa with DOS, who
will then vet the worker. Therefore, USCIS believes that it takes less
time for a

[[Page 62309]]

USCIS immigration services officer to adjudicate a petition with
unnamed workers. The proposed fees reflect the average adjudication
time estimated by USCIS.
USCIS proposes to implement a limit of 25 named beneficiaries per
petition. Proposed 8 CFR 214.2(h)(2)(ii), (h)(5)(i)(B). Currently,
there is no limit on the number of named or unnamed workers that may be
on a single petition. USCIS currently charges a flat fee regardless of
whether a petition includes one or hundreds of named temporary
nonimmigrant workers. However, because USCIS completes a background
check for each named beneficiary, petitions with more named
beneficiaries require more time and resources to adjudicate than
petitions with fewer named beneficiaries. This means the cost to
adjudicate a petition increases with each additional named beneficiary.
In one case, a petitioner included more than 600 named workers in one
petition.\125\ OIG observed that the flat fee structure (meaning the
same fee regardless of the number of nonimmigrants included in the
petition) disproportionally costs more per nonimmigrant for petitions
with few beneficiaries compared to those with large numbers of
beneficiaries. In other words, petitioners filing petitions with low
named beneficiary counts subsidize the cost of petitioners filing
petitions with high named beneficiary counts.
---------------------------------------------------------------------------

\125\ Id. at 13.
---------------------------------------------------------------------------

OIG's interviews of USCIS immigration services officers indicated
that usually a maximum of 10 petitions could be processed within a
normal workday.\126\ USCIS immigration services officers could
generally adjudicate a petition with 1-25 named workers in 2 hours. DHS
estimates the proposed change will increase H-2A and H-2B petition
filing volume by approximately 2,000 based on the number of H-2A and H-
2B petitions that were received in FY 2017 with 26 or more named
beneficiaries. DHS assumed that the total number of named beneficiaries
requested by an employer would remain the same, so that an employer
petitioning for more than 25 named beneficiaries would file multiple
petitions.
---------------------------------------------------------------------------

\126\ Id. at 17.
---------------------------------------------------------------------------

The proposed fees would address the inequities in the current fee
structure identified by the OIG audit. The proposed limit of 25 named
beneficiaries per petition may make it easier for USCIS immigration
services officers to promptly adjudicate a petition. For example, the
proposed $425 fee for an H-2A petition without named workers is
approximately 51 percent less than the proposed $860 fee for an H-2A
petition with named workers because the adjudication requires less
time. Due to the decreased complexity of the adjudication, the proposed
$425 fee for a petition without named workers is $35 or 8 percent less
than the current $460 fee for the Form I-129. The proposed $860 fee for
a petition with named workers is $400 or 87 percent more than the
current $460 fee for the Form I-129.
3. Form I-129L, Petition for Nonimmigrant Worker: L Classification
DHS proposes to create Form I-129L, Petition for Nonimmigrant
Worker: L Classification, with a proposed fee of $815. See proposed 8
CFR 106.2(a)(3)(iv). Under current requirements, petitioners sponsoring
L nonimmigrant workers, who are intracompany transferees,\127\ may be
required to submit additional statutory fees or other additional forms
to USCIS. For example, two statutory fees may apply for L nonimmigrant
workers.\128\ Some petitions require the additional Form I-129S,
Nonimmigrant Petition Based on Blanket L Petition.
---------------------------------------------------------------------------

\127\ The L-1 intracompany transferee nonimmigrant
classification permits a multinational organization to transfer
certain employees from one of its affiliated foreign entities to one
of its entities in the United States. The L-1A classification is for
employees coming to the United States temporarily to perform
services in a managerial or executive capacity. The L-1B
classification is for employees coming to the United States
temporarily to perform services that require specialized knowledge.
See INA sec. 101(a)(15)(L), 8 U.S.C. 1101(a)(15)(L).
\128\ Certain L petitioners may have to pay up to $5,000 in
statutory fees. DHS does not have the authority to adjust the amount
of these statutory fees. USCIS does not keep most of the revenue
derived from these fees. CBP receives 50 percent of the $4,500 9-11
Response and Biometric Entry-Exit fee revenue and the remaining 50
percent is deposited into the General Fund of the Treasury. USCIS
retains one third of the $500 Fraud Detection and Prevention fee
revenue, while the remainder is split between the Department of
State and the Department of Labor. These statutory fees are in
addition to the current Form I-129 fee of $460 and optional premium
processing fee of $1,410. See USCIS, H and L Filing Fees for Form I-
129, Petition for a Nonimmigrant Worker, https://www.uscis.gov/forms/h-and-l-filing-fees-form-i-129-petition-nonimmigrant-worker
(last updated/reviewed Feb. 2, 2018).
---------------------------------------------------------------------------

The proposed Form I-129L would collect the information required for
these petitions. Although the current L Classification Supplement to
Form I-129 only separates out L-1A manager or executive from L-1B
specialized knowledge, the proposed form would further separate out L-
1A managers from L-1A executives on the form. However, DHS is not
proposing different fees for managers and executives, because the
agency has no records on the difference in completion rates or costs
for processing petitions for managers and executives. USCIS currently
captures completion rates for H-1B, L, and other types of petitions,
but not for subgroups, such as managers and executives, within
classifications. The proposed fee is based on the completion rate for
the average of L-1 petitions. As mentioned in section V.I. Separating
Form I-129, Petition for a Nonimmigrant Worker, into Different Forms,
the proposed fees also assign the direct costs of ASVVP site visits,
currently used for certain H-1B, L, and all religious workers, to the
specific form for the classification.
4. Form I-129O, Petition for Nonimmigrant Worker: O Classification
DHS proposes to create Form I-129O, Petition for Nonimmigrant
Worker: O Classification, with a proposed fee of $715. See proposed 8
CFR 106.2(a)(3)(vi). The separate form would allow USCIS to tailor
instructions and data collection requirements for these petitions for
persons with extraordinary ability in the sciences, arts, education,
business, or athletics, persons with extraordinary achievement in the
motion picture or television industry, and qualifying essential support
personnel. See INA secs. 101(a)(15)(O), 214(c); 8 U.S.C.
1101(a)(15)(O), 1184(c); 8 CFR 214.2(o). Similar to some other proposed
changes to Form I-129, DHS proposes to limit each Form I-129O petition
to 25 named beneficiaries.\129\ Proposed 8 CFR 214.2(o)(2)(iv)(F). As
previously discussed in the H-2A and H-2B section above, limiting the
number of named beneficiaries simplifies and optimizes the adjudication
of these petitions, which can lead to reduced average processing times
for a petition. Because USCIS completes a background check for each
named beneficiary, petitions with more named beneficiaries require more
time and resources to adjudicate than petitions with fewer named
beneficiaries. This means the cost to adjudicate a petition increases
with each additional named beneficiary. Thus, limiting the number of
named beneficiaries may ameliorate the inequity of petitioners filing
petitions with low beneficiary counts who effectively subsidize the
cost of petitioners filing petitions with high beneficiary counts.
USCIS currently captures adjudication hours for these types of
petitions. As stated in section

[[Page 62310]]

IV.B.2. Completion Rates, the proposed fee is partly based on this
data.
---------------------------------------------------------------------------

\129\ While O-1 petitions are limited to a single named
beneficiary, a petition for O-2 nonimmigrant workers may include
multiple named beneficiaries in certain instances. See 8 CFR
214.2(o)(2)(iii)(F).
---------------------------------------------------------------------------

5. Form I-129E&TN, Application for Nonimmigrant Worker: E and TN
Classification
DHS proposes to create a separate Form I-129 supplement for E and
TN applicants entitled Form I-129E&TN, Application for Nonimmigrant
Worker: E and TN Classification. The Treaty Trader (E-1) and Treaty
Investor (E-2) classifications are for citizens of countries with which
the United States maintains treaties of commerce and navigation. The
applicant must be coming to the United States to engage in substantial
trade principally between the United States and the treaty country (E-
1), to develop and direct the operations of an enterprise in which the
applicant has invested or is in the process of investing a substantial
amount of capital (E-2), or to work in the enterprise as an executive,
supervisor, or essentially skilled employee. See INA sec.
101(a)(15)(E), 8 U.S.C. 1101(a)(15)(E); 8 CFR 214.2(e). An E-2 CNMI or
E-2C investor is a noncitizen who seeks to enter or remain in the
Commonwealth of the Northern Mariana Islands (CNMI) in order to
maintain an investment in the CNMI that was approved by the CNMI
government before November 28, 2009. This classification allows an
eligible noncitizen to be lawfully present in the CNMI in order to
maintain the investment during the transition period from CNMI to
federal immigration law, which was extended by Public Law 115-218, sec.
3(a) on July 24, 2018 and will expire on December 31, 2029. See 48
U.S.C. 1806; proposed 8 CFR 214.2(e)(23). The E-3 classification
applies to nationals of Australia who are coming to the United States
solely to perform services in a specialty occupation requiring
theoretical and practical application of a body of highly specialized
knowledge and at least the attainment of a bachelor's degree, or its
equivalent, as a minimum for entry into the occupation in the United
States. See INA secs. 101(a)(15)(E) and 214(i)(1); 8 U.S.C.
1101(a)(15)(E) and 1184(i)(1). The TN Classification was created to
implement part of a trilateral North American Free Trade Agreement
(NAFTA) between Canada, Mexico, and the United States. In accordance
with the NAFTA, a citizen of Canada or Mexico who seeks temporary entry
as a business person to engage in business activities at a professional
level may be admitted to the United States. See INA sec. 214(e), 8
U.S.C. 1184(e); 8 CFR 214.6; proposed 8 CFR 106.2(a)(3)(viii).
6. Form I-129MISC, Petition for Nonimmigrant Worker: H-3, P, Q, or R
Classification
DHS proposes to create a new form for the remaining non-immigrant
worker classifications, called Form I-129MISC, Petition for
Nonimmigrant Worker: H-3, P, Q, or R Classification. The costs used to
determine the proposed fee for this form aggregate all identifiable
costs associated with the adjudication of these different visa
classifications, including the costs of administering site visits for R
visa workers under the Administrative Site Visit and Verification
Program. As previously discussed in sections 2 and 4, DHS proposes for
classifications that allow one petition to be filed for multiple
beneficiaries, to limit such petitions to 25 named beneficiaries.
Proposed 8 CFR 214.2(p)(2)(iv)(F). As stated previously, this change,
as with all new I-129 form types, is expected to simplify and optimize
the adjudication of these petitions, which is expected to lead to
reduced processing times and reduced completion rates. Because USCIS
completes a background check for each named beneficiary, petitions with
more beneficiaries require more time and resources to adjudicate than
petitions with fewer named beneficiaries. This means the cost to
adjudicate a petition increases with each additional named beneficiary.
Thus, limiting the number of named beneficiaries may ameliorate the
inequity of petitioners filing petitions with low beneficiary counts
who effectively subsidize the cost of petitioners filing petitions with
high beneficiary counts. USCIS does not have separate completion rates
for the proposed Forms I-129E&TN and I-129MISC. Currently, USCIS
adjudicators report hours on these classifications in a catch-all Form
I-129 category. Creation of new separate forms may allow USCIS to track
each separately and calculate specific fees for each petition or
application in the future, which could serve as a basis for further
refinement of the fee for the various nonimmigrant classifications in
future fee rules. The proposed fee for both Forms I-129E&TN and I-
129MISC is $705. See proposed 8 CFR 106.2(a)(3)(viii).
7. Commonwealth of the Northern Mariana Islands (CNMI) Fees
Two recent public laws affected statutory fees for the Commonwealth
of the Northern Mariana Islands (CNMI). The Northern Mariana Islands
Economic Expansion Act, Public Law 115-53, sec. 2, 131 Stat. 1091, 1091
(2017) (2017 CNMI Act) increased the CNMI education funding fee from
$150 to $200. See 48 U.S.C. 1806(a)(6)(A)(i). USCIS began accepting
this increased fee on August 23, 2017.\130\ DHS proposes to make
conforming edits to the fee for the Petition for a CNMI-Only
Nonimmigrant Transitional Worker, Form I-129CW, because of this
statutory change. See 8 CFR 103.7(b)(1)(i)(J); proposed 8 CFR
106.2(c)(7). Employers must pay the fee for every beneficiary that they
seek to employ as a CNMI-only transitional worker. The fee must be paid
at the time of filing the petition. By statute, since it is for each
worker approved, USCIS refunds the CNMI education funding fee if the
petition is not approved. The fee is a recurring fee that petitioners
must pay every year. A prospective employer requesting issuance of a
permit with a validity period longer than one year must pay the fee for
each year of requested validity. USCIS transfers the revenue from the
CNMI education funding fee to the treasury of the Commonwealth
Government to use for vocational education, apprenticeships, or other
training programs for United States workers. The Northern Mariana
Islands U.S. Workforce Act of 2018, Public Law 115-218, sec. 3, 132
Stat. 1547 (2018) (2018 CNMI Act), granted DHS the authority to adjust
the fee for inflation. See 48 U.S.C. 1806(a)(6)(A)(ii). Beginning in FY
2020, DHS may adjust the $200 CNMI education funding fee once per year
by notice in the Federal Register.\131\ The adjustment must be based on
the annual change in the Consumer Price Index for All Urban Consumers
(CPI-U) published by the Bureau of Labor Statistics. See proposed 8 CFR
106.2(c)(7)(iii).
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\130\ USCIS, New Legislation Increases Availability of Visas for
CNMI Workers for Fiscal Year 2017, https://www.uscis.gov/news/news-releases/new-legislation-increases-availability-visas-cnmi-workers-fiscal-year-2017 (last reviewed/updated on Aug. 28, 2017).
\131\ Beginning in fiscal year 2020, the Secretary of Homeland
Security, through notice in the Federal Register, may annually
adjust the supplemental fee imposed under clause (i) by a percentage
equal to the annual change in the Consumer Price Index for All Urban
Consumers published by the Bureau of Labor Statistics. 48 U.S.C.
1806(a)(6)(A)(ii).
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In addition to authorizing inflation adjustments for the CNMI
education funding fee, the 2018 CNMI Act created a new $50 CNMI fraud
prevention and detection fee. 2018 CNMI Act, sec. 3 (amending 48 U.S.C.
1806(a)(6)(A)(iv)). The new $50 fraud prevention and detection fee is
in addition to other fees that employers must pay for petitions to
employ CNMI-only transitional workers. See proposed 8 CFR 106.2(c)(6).
USCIS began accepting the fee on July 25,

[[Page 62311]]

2018.\132\ The new fee is only due at the time of filing. It is a
single $50 fee per petition, not a fee charged per beneficiary like the
CNMI education funding fee. USCIS must use the revenue for preventing
immigration benefit fraud in the CNMI, in accordance with INA section
286(v)(2)(B), 8 U.S.C. 1356(v)(2)(B). See also 48 U.S.C.
1806(a)(6)(A)(iv), as amended by 2018 CNMI Act, sec. 3.
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\132\ USCIS, New Law Extends CNMI CW-1 Program, Mandates New
Fraud Fee, and Will Require E-Verify Participation, https://www.uscis.gov/news/alerts/new-law-extends-cnmi-cw-1-program-mandates-new-fraud-fee-and-will-require-e-verify-participation (last
reviewed/updated on July 25, 2018).
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DHS also proposes conforming edits to CNMI regulations regarding
fee waivers and biometric services. Currently, some CNMI applicants and
beneficiaries may qualify for a fee waiver based on inability to pay or
other reasons. See 8 CFR 214.2(e)(23)(xv), (w)(5), and (w)(14)(iii).
Generally, fee waivers are not available for employment-based
applications and petitions. However, when DHS established the CW-1
petition fees, it decided to treat the CNMI with more flexibility in
this regard. See 76 FR 55513-4. As discussed in section V.C., Fee
Waivers, DHS proposes to limit fee waivers to immigration benefit
requests for which USCIS is required by law to consider a fee waiver.
DHS proposes in this rule to treat CW-1 petitions like other
employment-based petitions. See proposed 8 CFR 106.3. The proposed
change would eliminate fee waiver eligibility for CNMI applicants and
beneficiaries. See proposed 8 CFR 214.2(e)(23)(xv), (w)(5) and
(w)(14)(iii). Currently, in addition to the petition fee paid by their
employer, CNMI beneficiaries may pay an additional biometric services
fee when seeking a grant or extension of CW-1 status in the CNMI. See
76 FR 55513-4; 8 CFR 214.2(e)(23)(viii) and (w)(15). As explained in
section V. E., Changes to Biometric Services Fee, DHS proposes to
incorporate the cost of biometric services into the underlying
immigration benefit request fees. This proposed change would place the
entire financial burden for CNMI petition fees on the employer,
eliminating any fees paid by the employee. See proposed 8 CFR 106.2,
214.2(v)(23)(viii) and (w)(15). However, employees and their families
filing Form I-539 to request a grant or extension of derivative CW-2
nonimmigrant status for a spouse or child of a CW-1 nonimmigrant would
still be responsible for that filing fee. A fee waiver would no longer
be available.
DHS does not propose to limit the number of named beneficiaries
included in a single I-129CW filing.

J. Premium Processing

1. Change Premium Processing Fee by Guidance
The INA permits certain employment-based immigration benefit
applicants and petitioners to request, for an additional fee, premium
processing. See Public Law 106-553, App. B, tit. I, sec. 112, 114 Stat.
2762, 2762A-68 (Dec. 21, 2000); INA sec. 286(u), 8 U.S.C. 1356(u).
Congress set the premium processing fee and authorized USCIS to adjust
the fee for inflation, as determined by the Consumer Price Index (CPI).
Id. DHS recently increased the premium processing fee for inflation.
See 83 FR 44449; 8 CFR 103.7(b)(1)(i)(SS); proposed 8 CFR 106.4. The
current fee is $1,410.\133\ USCIS currently offers premium processing
to employment-based petitions including Form I-129, Petition for
Nonimmigrant Worker, and Form I-140, Immigrant Petition for Alien
Worker, in certain visa classifications. Currently, petitioners and
applicants use Form I-907, Request for Premium Processing Service, and
pay the $1,410 fee to request 15-day processing. DHS is not proposing a
change to premium processing fees at this time.
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\133\ Premium processing fees are paid in addition to the
regular form fee. See INA sec. 286(u), 8 U.S.C. 1356(u); 8 CFR
103.7(b)(1)(i)(SS)(1); proposed 8 CFR 103.4. For example,
individuals would pay the proposed $545 fee for a Form I-140 under
this rule, plus $1,410 for premium processing. Premium processing
prioritizes the applicable application or petition for adjudication.
The additional fee permits USCIS to devote specific resources to the
processing of that immigration benefit request and to make
infrastructure improvements in the adjudications and customer-
service processes.
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DHS proposes to amend its regulations so that it can notify the
public of future premium processing fee inflationary increases through
changes to Form I-907 instructions (following the requirements of 5 CFR
part 1320) and the USCIS website, http://www.uscis.gov. See proposed 8
CFR 106.2(a)(43), 106.4(c) and 106.4(e)(ii). By law, DHS may adjust the
premium processing fee for inflation according to CPI; therefore, the
amount of the fee increase is straightforward and need not be codified.
USCIS requires the flexibility to change the fee amount without undue
delay when it needs additional premium processing fee revenue to
provide premium processing services and to make infrastructure
improvements in the adjudications and applicant- or petitioner-service
processes as authorized by INA sec. 286(u), 8 U.S.C. 1356(u).
2. Change Calendar Days to Business Days
DHS proposes to change the limitation for 15-day processing
currently codified at 8 CFR 103.7(e) from calendar days to business
days. Proposed 8 CFR 106.4(d). For purposes of calculating the 15-day
premium processing clock, business days are those days on which the
Federal Government is open for business and does not include weekends,
federally observed holidays, or the days on which Federal Government
offices are closed, such as for weather-related or other reasons. The
closure may be nationwide or in the region where the adjudication of
the benefit for which premium processing is sought will take place. The
former INS established the 15-day period in June 2001. See Establishing
Premium Processing Service for Employment-Based Petitions and
Applications, 66 FR 29682 (June 1, 2001). The June 1, 2001 rule cited
the District of Columbia Appropriations Act of 2001, Public Law 106-
553, as specifying that the INS was required to process applications
under the Premium Processing Service in 15 calendar days. 66 FR 29682.
DHS has determined that the June 1, 2001 interim rule was incorrect,
and that the District of Columbia Appropriations Act, 2001 did not
include a requirement that the Service process applications under the
Premium Processing Service in 15 calendar days. Therefore, DHS is free
to interpret its authority under INA section 286(u), 8 U.S.C. 1356(u),
to establish a new processing timeframe as 15 business days rather than
15 calendar days. In recent years, USCIS suspended premium processing
for certain categories of employment-based petitions to permit officers
to process long-pending non-premium filed petitions and to prevent a
lapse in employment authorization for beneficiaries of Form I-129
extension of stay petitions. In certain instances, USCIS has been
unable to accomplish the required 15-day response due to the high
volume of incoming petitions and a significant surge in premium
processing requests.\134\ The proposed change from 15 calendar days to
15 business days will provide USCIS

[[Page 62312]]

additional time to complete the necessary processing on a premium
processing petition and issue a decision. The additional time may also
reduce the need for USCIS to suspend premium processing when request
filing volumes are high.
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\134\ See ``USCIS Will Temporarily Suspend Premium Processing
for All H-1B Petitions, https://www.uscis.gov/archive/uscis-will-temporarily-suspend-premium-processing-all-h-1b-petitions (last
reviewed/updated March 3, 2017); USCIS Will Temporarily Suspend
Premium Processing for Fiscal Year 2019 H-1B Cap Petitions, https://www.uscis.gov/news/alerts/uscis-will-temporarily-suspend-premium-processing-fiscal-year-2019-h-1b-cap-petitions (last reviewed/
updated March 20, 2018).
---------------------------------------------------------------------------

3. Actions That End or Restart The 15-Day Period
DHS also proposes that USCIS would refund the premium processing
service fee but continue to process the case if it cannot take an
adjudicative action on the request, as evidenced by notification of
(but not necessarily receipt of) an approval or denial notice by the
end of the 15th business day, beginning on the date the properly filed
premium processing request was initially accepted by USCIS or the
premium processing clock reset upon receipt of a response to a request
for evidence (RFE) or notice of intent to deny (NOID). Proposed 8 CFR
106.4(d). That proposal represents no change, other than how the 15
days is calculated, from the current regulations governing USCIS
requests for premium processing. 8 CFR 103.7(e). However, DHS also
proposes to clarify its current premium processing regulations as they
relate to what actions would terminate the 15-day period or otherwise
start a new 15-day period. The current regulation is potentially
confusing because it includes interim actions in the list of
adjudicative actions evidencing of a ``final decision'' for the purpose
of stopping the 15-day period. 8 CFR 103.7(e)(2)(i) (``If USCIS cannot
reach a final decision on a request for which premium processing was
requested, as evidenced by an approval notice, denial notice, a notice
of intent to deny, or a request for evidence, USCIS will refund the
premium processing service fee, but continue to process the case.'').
In this rule, DHS proposes to clarify the two circumstances in which it
would refund the premium processing fee:
1. Where USCIS does not take any adjudicative action within 15
business days from the date on which it accepts a properly filed
request for premium processing, together with all required fees, or
2. Where USCIS does not take subsequent adjudicative action within
15 business days from the date on which USCIS receives a response to an
RFE or a NOID.
DHS proposes that the 15-day period will stop when USCIS takes
certain adjudicative actions, specifically the notification of an
approval, denial, RFE or NOID. Proposed 8 CFR 106.4(d)(1). DHS also
proposes to clarify that when USCIS issues an RFE or NOID on a benefit
request for which premium processing service has been properly
requested, including the payment of all required fees, a new 15
business day period will begin upon the receipt by USCIS of the benefit
requestor's RFE or NOID response at the address that was required by
the notice or online. Proposed 8 CFR 106.4(d)(2).
4. Expedited Processing for Other Requests
Commenters regularly request that DHS extend premium processing to
other immigration benefit requests. See, e.g., 75 FR 58978 and 81 FR
73309. The FY 2019/2020 fee review did not analyze the potential effect
of premium processing for other forms. Congress established the premium
processing service for ``employment-based petitions and applications.''
INA sec. 286(u), 8 U.S.C. 1356(u). Congress established the premium
processing fee at an amount it determined to be appropriate, and it
permitted USCIS to increase the fee based on inflation. See 81 FR
73309. These fees cover the estimated costs of providing premium
processing for the associated benefits. Nevertheless, it would be
difficult to estimate the staff, resources, and costs necessary to
ensure the processing of additional benefit types within a certain time
frame, especially when those cases may require other types of
background checks, interviews, and additional steps that USCIS does not
generally control. Expanding the premium processing program would
require USCIS to estimate the costs of a service that does not
currently exist with sufficient confidence that it can deliver the
service promised and not impair service in other product lines. DHS
would require the devotion of considerable resources to study a
potential new premium processing program. Thus, DHS proposes no
extension of premium processing beyond its current usage. However,
comments are welcome on the subject.

K. Regional Centers

DHS proposes no fee change for Form I-924, Application for Regional
Center Designation under the Immigrant Investor Program because the
current fee is adequate. See 8 CFR 103.7(b)(1)(i)(WW); proposed
106.2(a)(47).

L. Secure Mail Initiative

In 2016, an OIG audit recommended that USCIS evaluate the costs and
benefits of using the U.S. Postal Service's hold for pickup as an
alternative secure method for delivering secure documents to
applicants.\135\ USCIS has decided to implement Signature Confirmation
Restricted Delivery (SCRD) as the sole method of delivery of secure
documents for USCIS.\136\ Proposed 8 CFR 103.2(b)(19)(iii). USCIS began
phasing in use of the Signature Confirmation Restricted Delivery
service to re-mail Permanent Resident Cards, Employment Authorization
Cards, and Travel Booklets returned by USPS as non-deliverable
beginning on April 30, 2018.\137\ USCIS analyzed the additional costs
associated with expanding this service to all USCIS secured documents
and determined that the cost in FY 2019 would be $26.9 million, based
on anticipated mailing volumes and the per unit mailing cost of the
service. USCIS planned for similar costs in FY 2020. As detailed in the
supporting documentation, the ABC model assigned this additional cost
to the Issue Document activity for immigration benefit requests that
may result in a Permanent Resident Card, Employment Authorization Card,
or Travel Booklet. Issue Document means producing and distributing
secure cards that identify the holder as a foreign national and also
identifies his or her immigration status and/or employment
authorization.\138\ As proposed, DHS, at its discretion, may require
the use of Signature Confirmation Restricted Delivery for additional
documents beyond Permanent Resident Cards, Employment Authorization
Cards, and Travel Booklets (for example, certificates of naturalization
and citizenship, which are currently being mailed to recipients) in the
future by updating the relevant form instructions. Proposed 8 CFR
103.2(b)(19)(iii).
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\135\ DHS OIG, Better Safeguards are Needed in USCIS Green Card
Issuance (Nov. 16, 2016), available at https://www.oig.dhs.gov/sites/default/files/assets/2017/OIG-17-11-Nov16.pdf.
\136\ DHS OIG, Verification Review: Better Safeguards are Needed
in USCIS Green Card Issuance (Apr. 10, 2018), available at https://www.oig.dhs.gov/sites/default/files/assets/2018-04/OIG-18-61-Apr18.pdf.
\137\ USCIS, USCIS to Begin Using More Secure Mail Delivery
Service, https://www.uscis.gov/news/news-releases/uscis-begin-using-more-secure-mail-delivery-service (last reviewed/updated April 27,
2018).
\138\ See the FY 2019/2020 Immigration Examinations Fee Account
Fee Review Supporting Documentation included in the docket of this
NPRM for more information on fee review activities.
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M. Intercountry Adoptions

1. Adjustment to Proposed Fees for Certain Intercountry Adoption-
Specific Forms
DHS proposes to limit the increase of adoption-related fees in this
rule

[[Page 62313]]

consistent with previous fee rules. See, e.g., 81 FR 73298. DHS will
continue its policy of reducing fee burdens on adoptive families by
covering some of the costs attributable to the adjudication of certain
adoption-related petitions and applications (Forms I-600/600A/800/800A)
through the fees collected from other immigration benefit requests. If
DHS used the estimated fee-paying unit cost from the ABC model for Form
I-600, then this benefit request would have a fee of at least
$1,423.\139\ DHS believes that it would be contrary to public and
humanitarian interests to impose a fee of this amount on prospective
adoptive parents seeking to adopt a child from another country.
Therefore, DHS proposes to apply the 5 percent weighted average
increase to the current fee of $775, representing a $35 increase to
$810 for Forms I-600/600A/800/800A. Proposed 8 CFR 106.2(b)(21), (22),
(23), (33), (34), (35).
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\139\ Model output from supporting documentation in the docket,
page 22.
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2. Clarification of Fee Exception for Birth Siblings
DHS proposes amendments to 8 CFR 106.2, 204.3, and 204.313 to
clarify the regulations and align them with current practice regarding
when prospective adoptive parents are not required to pay the Form I-
600 or Form I-800 filing fee for multiple Form I-600 or Form I-800
petitions. Currently, prospective adoptive parents with a valid Form I-
600A or Form I-800A approval to adopt more than one child are not
required to pay a fee for the first Form I-600 or Form I-800 petition.
They are required to pay the Form I-600 or Form I-800 filing fee for
additional Form I-600 or Form I-800 petitions, unless the beneficiaries
are birth siblings. If the beneficiaries are not birth siblings, the
Form I-600 or Form I-800 fee is required for each petition after the
first. To align with current and historical practice, DHS proposes to
clarify in the regulations that this exception is limited to ``birth''
siblings. This approach is consistent with the special treatment
afforded in the INA to ``natural siblings,'' which allows a Form I-600
or Form I-800 petition to be filed for a child up to age 18, rather
than age 16, only if the beneficiary is the ``natural sibling'' of
another foreign born child who has immigrated (or will immigrate) based
on adoption by the same adoptive parents. INA 101(b)(1)(F)(ii) and
(G)(iii); 8 U.S.C. 1101(b)(1)(F)(ii) and (G)(iii). While the INA uses
the term ``natural sibling,'' DHS generally uses the term ``birth
siblings'' synonymously, which includes half-siblings but does not
include adoptive siblings.
3. Suitability and Eligibility Approval Validity Period
DHS proposes amendments to 8 CFR 204.3 relating to orphan cases
under INA section 101(b)(1)(F), 8 U.S.C. 1101(b)(1)(F) (non-Convention
cases). The proposed revisions to the orphan regulations are necessary
to eliminate disparity between the 18-month approval period for the
Form I-600A, Application for Advance Processing of an Orphan Petition,
the 15-month validity period of FBI fingerprint clearances, and the 15-
month approval period for a Form I-800A, Application for Determination
of Suitability to Adopt a Child from a Convention Country and any
approved extension.
Under current regulation, the approval of a Form I-600A in an
orphan case is valid for 18 months. See 8 CFR 204.3(h)(3)(i). However,
standard USCIS policy has been that the FBI's clearance of a person's
fingerprints is valid for 15 months, thereby creating inconsistency and
a gap period with the 18-month approval validity period for the Form I-
600A. This inconsistency was partially resolved with the ratification
of the Hague Convention on Protection of Children and Co-operation in
Respect of Intercountry Adoption (Hague Adoption Convention) and
subsequent codification of 8 CFR 204.312(e)(1), whereby the initial
approval period for a Form I-800A in a Convention case is 15 months
from the date USCIS received the initial FBI response for the
fingerprints of the prospective adoptive parent(s) and any adult
members of the household. This 15-month period also applies to the
extension of the Form I-800A approval period for an additional 15
months from the date USCIS receives the new FBI response on the
fingerprints. Creating parity in the approval periods for suitability
and eligibility determinations provides additional protections for
adopted children and provides consistency and alignment of the orphan
and Hague regulations. Having a standardized 15-month validity period
will also alleviate the burden on prospective adoptive parents and
adoption service providers to manage and monitor multiple expiration
dates. Therefore, DHS proposes to alter the validity period for a Form
I-600A approval in an orphan case to 15 months. Proposed 8 CFR
204.3(b), (d), (h)(3)(i),\140\ (h)(7), & (h)(13).
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\140\ In addition to changing the 18-month period to 15 months,
DHS is removing the internal procedure from 8 CFR 204.3(h)(3)(i)
that provides where documents will be forwarded and notification of
overseas offices of the approval, and is correcting a reference to
the number of children the prospective adoptive parents are approved
for in the home study to refer to the number of children the
prospective adoptive parents are approved for in the Form I-600A
approval. DHS is also adding a reference to proposed 8 CFR
106.2(a)(23) in section 204.3(h)(3)(i), relating to Form I-600A
extension requests. Additionally, DHS is replacing the reference to
an outbreak of Severe Acute Respiratory Syndrome in section
204.3(h)(3)(ii) with a more general reference to public health or
other emergencies. This revision will provide the agency with the
flexibility to extend Form I-600A validity periods when it
determines that an emergency situation, other than a SARS outbreak,
prevents petitioners from timely filing a Form I-600 petition before
expiration of their Form I-600A approval.
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4. Form I-600A/I-600, Supplement 3, Request for Action on Approved Form
I-600A/I-600
DHS proposes to create a new form to further align the processes
for adoptions from countries that are party to the Hague Adoption
Convention, with the process for adoptions from countries that are not
party to that Convention. The proposed form name is Form I-600A/I-600,
Supplement 3, Request for Action on Approved Form I-600A/I-600. The
proposed fee is $405. Proposed 8 CFR 106.2(b)(23). As discussed in the
Paperwork Reduction Act section of this preamble, the draft Supplement
3 is posted in the docket of this rulemaking for the public to review
and provide comments.
Currently, U.S. citizen applicants and petitioners (prospective
adoptive parents) face somewhat different processes depending on
whether the child or children that they wish to adopt is from a Hague
Adoption Convention country or a non-Hague Adoption Convention country.
USCIS uses Forms I-800, I-800A, and I-800A Supplement 3 for Hague
Adoption Convention countries. USCIS uses Forms I-600 and I-600A for
non-Hague Adoption Convention countries. A fee for Form I-600A/I-600
Supplement 3 would further align the Form I-600A/I-600 post-approval
request process with the existing Form I-800A process in four key
areas:
1. Suitability & Eligibility Extensions;
2. New Approval Notices;
3. Change of Country; and
4. Duplicate Approval Notices.
USCIS adjudicators must re-assess whether prospective adoptive
parents are still suitable and eligible to adopt if the prospective
adoptive parents' circumstances have changed after the initial USCIS
suitability determination. The proposed fee would help recover some of
the cost for this work.
Table 12 and the following sections summarize the current process
and the proposed changes.

[[Page 62314]]

Table 12--Summary of Current and Proposed Adoption Processes Related to Proposed Form I-600A/I-600 Supplement 3
----------------------------------------------------------------------------------------------------------------
Type of change Current process Proposed process
----------------------------------------------------------------------------------------------------------------
Suitability & Eligibility The Form I-600A approval notice DHS proposes to require prospective
Extensions. reflects a validity period for the adoptive parents to submit Form I-
prospective adoptive parents' 600A/I-600, Supplement 3 to request
suitability and eligibility the initial no-fee extension. Form I-
determination. Currently, U.S. 600A/I-600 Supplement 3 would allow
citizen applicants (prospective prospective adoptive parents to
adoptive parents) may request one request second or subsequent
initial extension of their Form I- extensions with the proposed fee.
600A approval without fee by
submitting a request in writing.
Prospective adoptive parents are not
able to request a second or
subsequent extension of their Form I-
600A approval.
Home Study Updates............... Currently, prospective adoptive DHS proposes to require prospective
parents can request a new approval adoptive parents to submit Form I-
notice based on a significant change 600A/I-600, Supplement 3 to request
and updated home study with no fee. a new approval notice. The
New approvals require adjudicators to prospective adoptive parent must pay
re-assess whether prospective the fee unless they are also filing
adoptive parents remain suitable and a first time request for either an
eligible to adopt after the extension or change of country.
significant change in circumstances. Second or subsequent requests would
(For example, significant decreases require the proposed fee.
in finances, change of residence,
other changes in the household, etc.)
Prospective adoptive parents must pay
the fee for Form I-600A or I-600 if
it is a second or subsequent request
unless they are also requesting their
first (no fee) extension or first (no
fee) change of country.
Change of Country................ Currently, prospective adoptive DHS proposes to require prospective
parents may change their proposed adoptive parents to submit Form I-
country of adoption once without fee. 600A/I-600, Supplement 3 to request
For example, if they are matched with the initial no-fee change of
an eligible orphan in a country other proposed country of adoption.* \141\
than the country initially identified Form I-600A/I-600 Supplement 3 would
on their Form I-600A. For subsequent allow prospective adoptive parents
country changes, prospective adoptive to request a second or subsequent
parents file Form I-824, Application change in the proposed country of
for Action on an Approved Application adoption with the proposed fee.
or Petition, with fee.
----------------------------------------------------------------------------------------------------------------
* See d. below for limitations in Hague Adoption Convention transition cases and countries.

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\141\ See section V.M.4.d. for limitations in Hague Adoption
Convention transition cases and countries.
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a. Suitability & Eligibility Extensions
Currently, U.S. citizen prospective adoptive parents for non-Hague
Adoption Convention countries may request no-fee initial extension of
their Form I-600A approval.\142\ Requests are submitted in writing and
second or subsequent requests to extend their approval are not allowed.
See 8 CFR 103.7(b)(1)(i)(Z)(3). DHS proposes that prospective adoptive
parents be allowed to request more than one extension of their Form I-
600A approval, if necessary, by filing the proposed Form I-600A/I-600
Supplement 3. The first request would be free under this proposal.
Second or subsequent requests would require the proposed fee of $405.
See proposed 8 CFR 106.2(a)(23).
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\142\ The Form I-600A approval notice reflects the validity
period of the prospective adoptive parents' suitability and
eligibility determination.
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b. New Approval Notices
Currently, prospective adoptive parents using the non-Hague
Adoption Convention process may request a new approval notice based on
a significant change in circumstances and an updated home study at no
cost. See 8 CFR 103.7(b)(1)(i)(Z). DHS proposes that prospective
adoptive parents must file the proposed Form I-600A/I-600 Supplement 3
to notify USCIS of a significant change and request a new approval
notice. See proposed 8 CFR 106.2(a)(23). The prospective adoptive
parent must pay the proposed fee of $405 unless they are also filing
either a first time request for an extension or change of country on
the same Supplement 3.
c. Change of Country
Currently, prospective adoptive parents may change the proposed
country of adoption once without fee and may make subsequent country
changes by filing Form I-824, Application for Action on an Approved
Application or Petition, with fee. See 8 CFR 103.7(b)(1)(i)(OO). DHS
proposes that prospective adoptive parents be allowed to change the
proposed country of adoption by filing the proposed Form I-600A/I-600
Supplement 3. The first request to change countries would remain
without fee under this proposal. Second or subsequent requests would
require the proposed fee of $405. Id.
d. Hague Adoption Convention Transition Cases
DHS proposes to clarify the processes for requesting an extension
of the Form I-600A approval and other actions on an approved Form I-
600A or I-600 as they pertain to adoptions from countries that newly
become a party to the Hague Adoption Convention. When the Hague
Adoption Convention enters into force for a country, cases that meet
certain criteria are generally permitted by the new Convention country
to proceed as ``transition cases'' under the non-Hague Adoption
Convention process (Form I-600A and Form I-600 process). Provided that
the new Convention country agrees with the transition criteria, USCIS
will generally consider a case to be a transition case if, before the
date the Convention entered into force for the country, the prospective
adoptive parent(s): (1) Filed a Form I-600A that designated the
transition country as the intended country of adoption or did not
designate a specific country; (2) filed a Form I-600 on behalf of a
beneficiary from the transition country; or (3) completed the adoption
of a child from the transition country. If the case does not qualify as
a transition case, the prospective adoptive parents will generally need
to follow the Hague

[[Page 62315]]

Adoption Convention process with the filing of Form I-800A and Form I-
800. With the addition of the new Form I-600A/I-600 Supplement 3, DHS
proposes to codify certain limitations on when the Supplement 3 can be
used in the context of transition cases.
i. Suitability and Eligibility Extensions
If a case qualifies as a transition case based on the filing of
Form I-600A before the entry into force date, in order to continue as a
transition case the prospective adoptive parents must file the Form I-
600 petition while the Form I-600A approval remains valid. Currently,
prospective adoptive parents are permitted to request a one-time, no-
fee extension of their Form I-600A approval in order to remain a
transition case. As discussed in section a.) above, DHS proposes that
prospective adoptive parents may request more than one extension of
their Form I-600A approval outside of the transition context. DHS
proposes that prospective adoptive parents may only be permitted to
request a one-time extension of their Form I-600A approval as a
qualified transition case. See proposed 8 CFR 106.2(a)(23). Generally,
transition countries have requested that DHS limit the ability of
transition cases to continue indefinitely in order to limit the
confusion that having two simultaneously running processes causes to
its administrative bodies and judicial systems. This will provide
prospective adoptive parents who have taken certain steps to begin the
intercountry adoption process with a country before the Convention
entered into force additional time to complete the adoption process
under the non-Hague process, but reasonably limits the ability to
indefinitely extend the validity period of the Form I-600A approval and
the processing of transition cases under the non-Hague process.
ii. Change of Country
The transition criteria were generally designed to permit
prospective adoptive parents who had taken certain steps to begin the
intercountry adoption process with a country before the Convention
entered into force to be able to continue under the non-Hague process,
rather than requiring them to begin under the Hague process, which has
different processing requirements. If the prospective adoptive parents
designated a country of intended adoption on their Form I-600A or prior
change of country request other than the transition country, they
generally would not fall into the category of families the transition
criteria were intended to reach because the designation is an
indication they have begun the intercountry adoption process with the
designated country and not with the transition country. Therefore, in
the transition context, prospective adoptive parents who designated a
country on their Form I-600A or prior change of country request that is
not the transition country generally have not been permitted to change
their Form I-600A approval to a transition country for purposes of
being considered a transition case. DHS proposes to codify this
limitation in this rule. See proposed 8 CFR 106.2(a)(23).
iii. Requests To Increase the Number of Children Approved To Adopt
Outside of the transition context, prospective adoptive parents are
generally permitted to request an updated Form I-600A approval notice
to increase the number of children they are approved to adopt. In the
transition context, however, prospective adoptive parents with
transition cases generally have not been permitted to request an
increase in the number of children they are approved to adopt from a
transition country.\143\ However, unless prohibited by the new
Convention country, DHS will permit prospective adoptive parent(s) to
request an updated Form I-600A approval notice to increase the number
of children they are approved to adopt as a transition case only in
order to pursue the adoption of a birth sibling, provided the birth
sibling(s) is (are) identified and the Form I-600 petition is filed
before the Form I-600A approval expires. See proposed 8 CFR
106.2(a)(23). This approach is consistent with the special treatment
afforded in the INA to ``natural siblings,'' which allows a Form I-600
or Form I-800 petition to be filed for a child up to age 18, rather
than age 16, only if the beneficiary is the ``natural sibling'' of
another foreign born child who has immigrated (or will immigrate) based
on adoption by the same adoptive parents. INA 101(b)(1)(F)(ii) and
(G)(iii); 8 U.S.C. 1101(b)(1)(F)(ii) and (G)(iii). While the INA uses
the term ``natural sibling,'' DHS generally uses the term ``birth
siblings'' synonymously, which includes half-siblings but does not
include adoptive siblings.
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\143\ See https://www.uscis.gov/adoption/country-information/adoption-information-haiti.
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5. Form I-800A, Supplement 3, Request for Action on Approved Form I-
800A
DHS also proposes to provide a fee of $405 at 8 CFR 106.2 and
clarify 8 CFR 204.312 to align with the current process for
adjudicating Form I-800A Supplement 3. Currently, prospective adoptive
parents may request a first extension of the Form I-800A approval and a
first time change in the proposed country of adoption, by filing Form
I-800A Supplement 3 without a fee. Second or subsequent requests for an
extension or change of country can currently be made by filing Form I-
800A Supplement 3 with a fee. Additionally, prospective adoptive
parents can currently request a new approval notice based on a
significant change and updated home study by filing Form I-800A
Supplement 3. A request for a new approval notice must be submitted
with a fee, unless the prospective adoptive parents are also filing a
first time request for either an extension or change of country on the
same Supplement 3. When DHS implemented the Hague Adoption Convention,
as a matter of operational efficiency USCIS decided to accept Form I-
800A Supplement 3 extension requests regardless of whether the Form I-
800 petition was already filed, rather than requiring prospective
adoptive parents to file a new Form I-800A to begin the process anew.
That procedure generally shortens the subsequent suitability and
eligibility adjudication process for prospective adoptive parents
seeking an extension of their Form I-800A approval, as Supplement 3
adjudications are generally prioritized over new Form I-800A filings,
allowing for a new decision on the prospective adoptive parents'
suitability and eligibility to occur more quickly. Therefore, DHS
proposes to amend 8 CFR 204.312(e)(1)(i) to permit the filing of Form
I-800A Supplement 3 regardless of whether Form I-800 has been filed.

N. Changes to Genealogy Search and Records Requests

DHS proposes changes to the genealogy search and request fees in
the FY 2019/2020 IEFA fee review. These proposals will allow USCIS to
send pre-existing digital records as part of a response to requestors
who have filed Form G-1041, Genealogy Index Search Request, and may
otherwise help USCIS improve genealogy processes.
The USCIS genealogy program processes requests for historical
records of deceased individuals. See Establishment of a Genealogy
Program, 73 FR 28026 (May 15, 2008) (final rule). Before creating a
genealogy program, USCIS processed the requests as Freedom of
Information Act (FOIA) request workload, which resulted in delays. See
Establishment of a Genealogy Program, 71 FR 20357-8 (Apr. 20, 2006)
(proposed rule).

[[Page 62316]]

Requestors use the USCIS website \144\ or Form G-1041, Genealogy Index
Search Request, to request an index search of USCIS historical records.
See 8 CFR 103.7(b)(1)(i)(E). USCIS informs the requestor whether any
records are available by mailing a response letter. Requestors use the
Form G-1041A, Genealogy Records Request, to obtain copies of USCIS
historical records, if they exist. See 8 CFR 103.7(b)(1)(i)(F).
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\144\ USCIS, Genealogy, https://www.uscis.gov/genealogy.
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In the FY 2016/2017 fee rule, USCIS adopted the first change to the
genealogy search and records requests fees since they had been
established at $65 fee for both search requests and records requests.
See 81 FR 73304. At the time, genealogy fees were insufficient to cover
the full costs of the genealogy program. USCIS increased the fee to
meet the estimated cost of the program and permit USCIS to respond to
requests for such historical records and materials.
After nearly ten years of operating the genealogy program, DHS
proposes to make several changes to the process. Ultimately, these
changes are intended to allow USCIS to provide genealogy search results
and historic records more quickly when pre-existing digital records
exist.
First, DHS proposes to expand the use of online genealogy requests.
DHS proposes to revise genealogy regulations to encourage requestors to
submit the electronic versions of Form G-1041, Genealogy Index Search
Request, and Form G-1041A, Genealogy Records Request, through the
online portal at https://www.uscis.gov/genealogy. See proposed 8 CFR
103.40(b). Electronic versions of the requests reduce the
administrative burden on USCIS by eliminating the need to manually
enter requestor data into its systems. Requestors that cannot submit
the forms electronically may still submit paper copies of both forms
with the required filing fees.
Second, DHS proposes to change the search request process so that
USCIS may provide requestors with pre-existing digital records, if they
exist, in response to a Form G-1041, Genealogy Index Search Request.
When requestors submit Form G-1041, Genealogy Index Search Request, on
paper or electronically, USCIS searches for available records. If no
record is found, then USCIS notifies the requestor by mail or email. If
USCIS identifies available records, then USCIS provides details on the
available records, but does not provide the copies of the actual
records. Under current regulations, a requestor must file Form G-1041A,
Genealogy Records Request, with a fee for each file requested, before
USCIS provides any records that it found as a result of the search
request. DHS proposes to provide the requestor with those pre-existing
digital records, if they exist, in response to the initial search
request. See proposed 8 CFR 103.40(f). DHS proposes in this rule to
streamline the process for Form G-1041, Records Index Search and
provide the pre-existing digital records to either an electronic
reading room that can be accessed with a unique pin number, by mail
with a CD, or paper copy and not require Form G-1041A. If no records
exist, or if only paper copies of the records exist, then the requestor
must follow the current process.
As a result of the proposed changes for pre-existing digital
records, USCIS proposes to limit Form G-1041A, Genealogy Records
Request, to only paper file requests. See proposed 8 CFR 103.40(g).
Consistent with current practices, requestors must still pay the
genealogy records request fee for a paper record requested. USCIS
believes the change will increase efficiency and decrease future wait
times for requestors.
Lastly, DHS proposes to change the genealogy fees as a result of
these operational changes. See 8 CFR 103.7(b)(1)(i)(E) and (F);
proposed 8 CFR 106.2(c)(1) and (2). The proposed fees are based on
results from the same ABC model used to calculate other immigration
benefit request fees proposed in this rule. The proposed fees for Forms
G-1041 and G-1041A are $240 and $385 respectively. They are based on
the projected costs and volumes of the genealogy program. The projected
costs include a portion of Lockbox costs and an estimated staffing
requirement for genealogy workload. USCIS estimated the workload volume
based on these proposed changes. Additionally, USCIS used historic
information to calculate completion rates for genealogy search and
records requests. The completion rates allow for separate search and
record request fees based on the average time to complete a request. As
such, the proposed fees each represent the average staff time required
to complete the request, similar to most other fees proposed in this
rule.

O. Naturalization and Citizenship Related Forms

1. No Longer Limit the Form N-400 Fee
DHS proposes to increase the fee for Form N-400, Application for
Naturalization, from $640 to $1,170, a $530 or 83 percent increase. See
8 CFR 103.7(b)(1)(BBB); proposed 8 CFR 106.2(b)(3). Prior fee rules
shifted a portion of the Form N-400 cost to other fee-paying
immigration benefit requestors, such as applicants for Certificates of
Citizenship. In the FY 2010/2011 and the FY 2016/2017 fee rules, the
Form N-400 fee was set below the ABC model output. The FY 2010/2011 fee
rule held the fee to $595, the amount set in the FY 2008/2009 fee rule.
See 75 FR 58975. The FY 2016/2017 fee rule limited the fee to only
$640, a $45 or 8 percent increase. See 81 FR 73307.
The FY 2010/2011 proposed rule explained that holding Form N-400 to
the FY 2008/2009 fee raised all other proposed fees by approximately $8
each. See 75 FR 33462. For DHS to recover full cost of Form N-400, the
FY 2010/2011 proposed fee would have been $655, a $60 or roughly a 10
percent increase. See 75 FR 33462-3. In the FY 2016/2017 fee rule
supporting documentation, USCIS estimated that each Form N-400 may cost
$871 to complete, plus the cost for biometric services of $75, for a
total of $946.\145\
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\145\ See the Model Output column of Appendix Table 4: Final
Fees by Immigration Benefit Request in the docket of the FY 2016/
2017 fee rule. The model output is the projected total cost from the
ABC model divided by projected fee-paying volume. It is only a
forecast unit cost (using a budget) and not the actual unit cost
(using spending from prior years). USCIS does not track actual costs
by immigration benefit request.
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In crafting prior fee rules, DHS reasoned that setting the Form N-
400 fee at an amount less than its estimated costs and shifting those
costs to other fee payers was appropriate in order to promote
naturalization and immigrant integration.\146\ DHS now believes that
shifting costs to other applicants in this manner is not equitable
given the significant increase in Form N-400 filings in recent
years.\147\ Therefore, DHS proposes to no longer limit the Form N-400
fee, thereby mitigating the fee increase of other immigration benefit
requests and implementing the beneficiary-pays principle. DHS proposes
a $1,170 fee for Form N-400 to recover the full cost of adjudicating
the Form N-400, as well as a proportion of costs not recovered by other
forms for which fees are limited or must be offered a waiver by
statute.\148\
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\146\ See, e.g., 75 FR 33461; 81 FR 26916.
\147\ Based on filing volume trends in recent years, USCIS
forecasts an increase of 82,827 Form N-400 applications, nearly a
10% percent increase from the FY 2016/2017 fee rule forecast. See
Table 4: Workload Volume Comparison.
\148\ See the supporting documentation of this proposed rule,
Appendix V: Proposed Fee Adjustments to IEFA Immigration Benefits,
for more information.

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[[Page 62317]]

2. Remove Form N-400 Reduced Fee
In addition to eliminating Form N-400 fee waiver requests, as
explained above at section V.C., DHS proposes to remove the reduced fee
option for those naturalization applicants with family incomes greater
than 150 percent and not more than 200 percent of the FPG currently
codified at 8 CFR 103.7(b)(1)(i)(BBB)(1). Currently, qualifying
applicants pay a fee of $320 plus an additional $85 for biometric
services, for a total of $405. To qualify for a reduced fee, the
eligible applicant must submit a Form I-942, Request for Reduced Fee,
along with his or her Form N-400. Form I-942 requires the names of
everyone in the household and documentation of the household income to
determine if the applicant's household income is greater than 150 and
not more than 200 percent of the FPG. DHS implemented this reduced fee
option in the FY 2016/2017 fee rule to limit any potential economic
disincentives that some eligible naturalization applicants may face
when deciding whether to seek U.S. citizenship. See 81 FR 73307. DHS
now proposes to eliminate the reduced fee option and return to a policy
of all naturalization applicants paying the same fee. For the same
reasons explained above with regard to no longer limiting the Form N-
400 fee, DHS proposes to eliminate the reduced fee in order to recover
full cost for naturalization services.\149\ The proposed fees would
also recover a portion of the cost of adjudicating forms for which
USCIS is required by law to offer a fee waiver request and where the
fees are limited by law, regulation, or policy, referred to as cost
reallocation in the supporting documentation.\150\ DHS also proposes to
eliminate Form I-942 because there will no longer be a purpose for it.
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\149\ Recently, Congress encouraged USCIS ``to consider whether
the current naturalization fee is a barrier to naturalization for
those earning between 150 percent and 200 percent of the federal
poverty guidelines, who are not currently eligible for a fee
waiver.'' H. Rep. 115-948 at 61. Although USCIS considered this
report in formulating this proposed rule, USCIS has determined that
it is neither equitable, nor in accordance with the principle of
self-sufficiency that Congress has frequently emphasized, to
continue to force certain other applicants to subsidize fee-waived
and reduced-fee applications for naturalization applicants who are
unable to pay the full cost fee.
\150\ See footnote 40.
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3. Military Naturalization and Certificates of Citizenship
DHS does not propose any changes to fee exemptions for military
members and veterans who file a Form N-400 under the military
naturalization provisions. Military naturalization applications will
continue to be fee exempt. See 8 CFR 103.7(b)(1)(BBB)(2); proposed 8
CFR 106.2(b)(3). USCIS does not charge a fee to military naturalization
applicants because such fees are prohibited by statute. See INA secs.
328(b)(4), 329(b)(4). Applicants who request a hearing on a
naturalization decision under INA sections 328 or 329 with respect to
military service will continue to be fee exempt. See 8 CFR
103.7(b)(1)(AAA); proposed 8 CFR 106.2(b)(2). Members and veterans of
any branch of the U.S. Armed Forces will continue to be exempt from
paying the fee for an Application for Certificate of Citizenship, Form
N-600. See 8 CFR 103.7(b)(1)(EEE); proposed 8 CFR 106.2(b)(6). While
the statute prohibits fees for military naturalization applicants
themselves, the Department of Defense (DOD) currently reimburses USCIS
for costs related to such applications.\151\ Accordingly, USCIS does
not propose to increase fees to subsidize the costs of military
naturalization applications.
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\151\ The proposed fee would increase the reimbursable agreement
between USCIS and DOD by approximately $4 million. The current fees
for Form N-400 ($640) and biometric services ($85) total $725 per
military naturalization. In FY 2019/2020, USCIS forecasts 9,300
military naturalizations per year. Under the current fees, this
would cost DOD $6,742,500 each year. With the proposed $1,170 Form
N-400 fee (which includes the cost of biometrics), the same volume
would cost $10,881,000, a $4,138,500 or approximately 61 percent
increase.
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4. Proposed Changes to Other Naturalization-Related Application and
Certificate of Citizenship Application Fees
DHS proposes to adjust fees for other citizenship and
naturalization forms. Some of the proposed fees are significant
increases from the current fees, but others are decreases to reflect
the estimated cost of adjudicating each form.
In previous fee rules, DHS limited the fee increase for several
naturalization-related forms, in addition to Form N-400. See 75 FR
33461 and 81 FR 26915. These naturalization-related forms are as
follows:
Form N-300, Application to File Declaration of Intention
Form N-336, Request for a Hearing on a Decision in
Naturalization Proceedings (Under Section 336 of the INA)
Form N-470, Application to Preserve Residence for
Naturalization Purposes.
In the FY 2016/2017 fee rule, USCIS estimated that the cost of
processing each of these forms was significantly greater than the
fee.\152\ Consistent with previous fee rules, DHS used its fee setting
discretion to limit the increase of these fees, as shown in Table 14 of
the supporting documentation of the FY 2016/2017 fee rule. At the time,
DHS recognized that charging less than the full cost of adjudicating
these and other immigration benefit requests required USCIS to increase
fees for other immigration benefit requests to ensure full cost
recovery. See 81 FR 26915.
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\152\ See the Model Output column of Appendix Table 4: Final
Fees by Immigration Benefit Request in the docket of the FY 2016/
2017 fee rule.
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The proposed fees in this rule would recover full cost for these
immigration benefit requests and a portion of cost reallocation, using
the standard methodology described in the supporting documentation
included in this docket. See proposed 8 CFR 106.2(b)(1), (2), (3), and
(4).

Table 13--Naturalization Fee-Paying Unit Costs (Model Output) and Fees Compared
----------------------------------------------------------------------------------------------------------------
FY 2016/ Current FY 2018/ Proposed
2017 Fee- fee--FY 2019 Fee- Proposed fee-- FY
Immigration benefit request paying unit Current fee 2016/2017 paying unit fee 2019/2020
cost Cost cost cost
----------------------------------------------------------------------------------------------------------------
N-300 Application to File $840 $270 -$570 $1,111 $1,320 $209
Declaration of Intention.........
N-336 Request for a Hearing on a 1,294 700 -594 1,474 1,755 281
Decision in Naturalization
Proceedings (Under Section 336 of
the INA).........................
N-400 Application for 871 640 -231 985 1,170 185
Naturalization...................
N-470 Application to Preserve 792 355 -437 1,347 1,600 253
Residence for Naturalization
Purposes.........................
N-565 Application for Replacement 399 555 156 458 545 87
Naturalization/Citizenship
Document.........................
N-600 Application for Certificate 841 1,170 329 853 1,015 162
of Citizenship...................

[[Page 62318]]

N-600K Application for Citizenship 841 1,170 329 806 960 154
and Issuance of Certificate Under
Section 322......................
----------------------------------------------------------------------------------------------------------------

The proposed fees for Form N-600, Application for Certificate of
Citizenship, and Form N-600K, Application for Citizenship and Issuance
of Certificate Under Section 322, are lower than the current fees. The
current fee for both forms is $1,170. See 8 CFR 103.7(b)(1)(i)(EEE) and
(FFF). In the previous fee rule, USCIS proposed and finalized a
combined rate for both forms. DHS proposes separate fees for each,
based on the estimated cost and operational metrics for each workload.
See proposed 8 CFR 106.2(b)(6) and (7). USCIS used separate completion
rates and fee-paying volumes for each proposed fee.
The proposed fee decrease for Forms N-600 and N-600K is mainly due
to the effect of the proposed limitation of fee waivers, which will
enable greater cost recovery for several form types and limit the need
for cost reallocation to fee-paying applicants. As noted in the FY
2016/2017 fee rule, the current fees for Forms N-600 assumed that
approximately one third of applicants would receive a fee waiver. See
81 FR 73928. To recover full cost, DHS set the N-600 and the N-600K fee
at a level high enough for fee-paying applicants to cover the cost of
fee-waived work. Id. Because fee waivers would be limited under this
proposed rule, fee-paying Forms N-600 and N-600K would no longer need
to cover the cost of adjudicating fee-waived Forms N-600 and N-
600K.\153\ The proposed fees provide for the full recovery of costs
associated with adjudicating the forms. Therefore, DHS is proposing
lower fees for Forms N-600 and N-600K. The proposed fee for Form N-600
is $1,015, a $155 or 13 percent decrease from the current $1,170 fee.
See 8 CFR 103.7(b)(1)(i)(EEE); proposed 8 CFR 106.2(b)(6). The proposed
fee for Form N-600K is $960, a $210 or 18 percent decrease from the
current $1,170 fee. See 8 CFR 103.7(b)(1)(i)(FFF); proposed 8 CFR
106.2(b)(7). DHS welcomes comments on the proposed changes to
naturalization and Certificate of Citizenship applications.
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\153\ See V.C.3., Proposed Fee Waiver Changes section of this
preamble for more information.
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P. Asylum Fees

1. Fee for Form I-589, Application for Asylum and for Withholding of
Removal
DHS proposes to establish a $50 fee for Form I-589, Application for
Asylum and for Withholding of Removal, when that form is filed with
USCIS (``affirmative asylum applications'').\154\ See proposed 8 CFR
106.2(a)(20). The U.S. Government has never charged a fee for Form I-
589, but rather has relied on other fee-paying benefit requestors to
subsidize asylum seeking applicants. Application fees from other form
types have always been used to fund the operations involved in
processing asylum claims. See, e.g., 81 FR 73295 and 73307. However,
DHS has experienced a continuous, sizeable increase in affirmative
asylum filings, and processing backlogs continue to grow. DHS is
exploring ways to alleviate the pressure that the asylum workload
places on the administration of other immigration benefits. A minimal
fee would mitigate the fee increase of other immigration benefit
requests.
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\154\ Affirmative asylum applications are distinguished from
defensive asylum applications, which are filed in proceedings before
an immigration judge. See, e.g., 8 CFR 1240.11(c).
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Although the INA authorizes DHS to set fees ``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,'' INA sec. 286(m), 8 U.S.C.
1356(m), DHS proposes a $50 fee for Form I-589. The statutory
authorization for fees allows, but does not require, imposition of a
fee equal to the full cost of the services provided. Thus, DHS retains
authority to impose asylum fees that are less than the estimated cost
of adjudicating the applications. See INA sec. 208(d)(3), 8 U.S.C.
1158(d)(3).\155\ In the FY 2019/2020 fee review, USCIS estimates that
the cost of adjudicating Form I-589 is approximately $366. It
represents the Asylum Division's salaries and Make Determination
activity costs from the ABC model, which does not represent the full
cost. It does not include estimated costs from any other Asylum
Division activities or any other office within USCIS.\156\ Therefore,
the proposed $50 fee is in accord with INA section 208(d)(3),
1158(d)(3).\157\
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\155\ This section states, ``The Attorney General may impose
fees for the consideration of an application for asylum, for
employment authorization under this section, and for adjustment of
status under section 209(b). Such fees shall not exceed the Attorney
General's costs in adjudicating the applications. The Attorney
General may provide for the assessment and payment of such fees over
a period of time or by installments. Nothing in this paragraph shall
be construed to require the Attorney General to charge fees for
adjudication services provided to asylum applicants, or to limit the
authority of the Attorney General to set adjudication and
naturalization fees in accordance with section 286(m).''
\156\ The FY 2019/2020 fee review assigned Asylum Division
projected costs into the following other activities: Conduct TECS
Check; Fraud Detection and Prevention; Inform the Public; Intake;
Management and Oversight; Records Management. See the fee review
supporting documentation included in this docket for the definitions
of these activities and other information.
\157\ The Immigration and Naturalization Service (INS), the
predecessor to USCIS, proposed implementing a waivable $130 fee for
asylum in 1994. See 59 FR 62284 (Dec. 5, 1994). INS did not include
a fee in the final rule. The proposed $130 fee would be
approximately $222 if adjusted for inflation from December 1994 to
June 2019.
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To be clear, DHS is proposing a fee for a Form I-589 filed with DHS
only. Whether the fee also will apply to a Form I-589 filed with EOIR
is a matter within the jurisdiction of the Department of Justice rather
than DHS, subject to the laws and regulations governing the fees
charged in EOIR immigration proceedings. DHS also believes that the
asylum fee may arguably be constrained in amount, but not prohibited,
by the 1951 U.N. Convention Relating to the Status of Refugees (``1951
Convention'') and the 1967 U.N. Protocol Relating to the Status of
Refugees (``1967 Protocol'').\158\ The international treaty obligations
of the United States under the 1951 Convention and the 1967 Protocol
address the imposition of fees on individuals seeking protection, and

[[Page 62319]]

limit ``fiscal charges'' to not higher than those charged to their
nationals in similar situations. Accordingly, any fee charged would
need to be reasonably aligned with the fees charged for other
immigration benefit requests.\159\ The proposed $50 fee is in accord
with this provision.
---------------------------------------------------------------------------

\158\ 1951 Convention relating to the Status of Refugees, opened
for signature July 28, 1951, 19 U.S.T. 6259, 189 U.N.T.S. 137; 1967
Protocol relating to the Status of Refugees, open for signature Jan.
31, 1967, 19 U.S.T. 6223, 606 U.N.T.S. 267. Although the United
States is not a signatory to the 1951 Convention, it adheres to
Articles 2 through 34 of the 1951 Convention by operation of the
1967 Protocol, to which the United States acceded on Nov. 1, 1968.
\159\ To the extent that the asylum application fee may arguably
be considered to be a ``fiscal charge'' for purposes of Article
29(1) of the 1951 Convention Relating to the Status of Refugees--as
incorporated by reference in the 1967 Protocol Relating to the
Status of Refugees--the proposed $50 fee would be in accord with
that provision, which limits ``fiscal charges'' charged to refugees
to an amount not higher than those charged by the United States to
U.S. nationals in similar situations. The proposed $50 fee would be
reasonably aligned with the fees charged to U.S. nationals for other
immigration benefit requests. And Congress, as evidenced by the
express authority conferred in INA section 208(d)(3), clearly does
not believe that charging a fee for asylum applications would run
contrary to U.S. obligations under the 1967 Protocol. See also INS
v. Stevic, 467 U.S. 407, 428 n.22 (1984) (describing provisions of
the Convention and Protocol as ``precatory and not self-
executing'').
---------------------------------------------------------------------------

This proposal is also consistent with a Presidential Memorandum
directing the Attorney General and the Secretary of Homeland Security,
as applicable, to take all appropriate actions to propose regulations
setting a fee for an asylum application not to exceed the costs of
adjudicating the application, as authorized by section 208(d)(3) of the
INA (8 U.S.C. 1158(d)(3)) and other applicable statutes, and setting a
fee for an initial application for employment authorization for the
period an asylum claim is pending.\160\
---------------------------------------------------------------------------

\160\ See Presidential Memorandum on Additional Measures to
Enhance Border Security and Restore Integrity to Our Immigration
System (Apr. 29, 2019), available at https://www.whitehouse.gov/presidential-actions/presidential-memorandum-additional-measures-enhance-border-security-restore-integrity-immigration-system/ (last
visited Aug. 6, 2019).
---------------------------------------------------------------------------

Additionally, DHS considered the asylum fees charged by other
nations. To determine the fiscal charges charged by other countries,
USCIS requested a report from the Law Library of Congress on fees
charged to asylum applicants by countries that are party to the 1951
Convention and/or its 1967 Protocol.\161\ The Law Library of Congress
surveyed the 147 signatory countries to the 1951 Convention and/or the
1967 Protocol, and of 147 countries, identified three countries that
charge a fee for initial applications for asylum or refugee
protection.\162\ Those countries and amounts, provided in Table 14,
indicate that the proposed $50 fee is in line with the fiscal charges
charged by other countries.\163\
---------------------------------------------------------------------------

\161\ See Library of Congress, Fees Charged for Asylum
Applications by States Parties to the 1951 Refugee Convention (Dec.
29, 2017), https://www.loc.gov/law/help/asylum-application-fees/index.php.
\162\ Additionally, while it does not charge a fee for making a
claim for refugee or protection status, New Zealand typically grants
individuals a ``Refugee Claimant Visitor Visa'' while claims are
processed and charges for that visa (although that fee may be
waived). Canada does not charge for making a claim of protection,
but does charge for obtaining proof of permanent protection.
\163\ Exchange rates as of June 30, 2019. See Department of the
Treasury, Bureau of Fiscal Service, Treasury Reporting Rates of
Exchange: Current Rates (Aug. 14, 2019), https://www.fiscal.treasury.gov/reports-statements/treasury-reporting-rates-exchange/current.html.

Table 14--Asylum Fees in Other Countries
----------------------------------------------------------------------------------------------------------------
Country Fee amount Fee in USD Notes
----------------------------------------------------------------------------------------------------------------
Australia........................ AUD 35..................... $25 No fee for a detained applicant.
Fiji............................. FJD 465.................... 221 Allows for fee waivers.
Iran............................. IRR 12,321,000............. 293 For a family of 5 with some fee
exemptions.
----------------------------------------------------------------------------------------------------------------

The projected FY 2019/2020 workload for Form I-589 is 163,000
annual receipts, or approximately 2 percent of the total USCIS workload
forecast. The proposed $50 fee would generate an estimated $8.15
million in annual revenue. Therefore, in addition to alleviating
pressure on the immigration benefit system, the proposed $50 fee for
Form I-589 mitigates the proposed fee increase of other immigration
benefit requests by approximately $5 or $10.
DHS is proposing no fee for an unaccompanied alien child (UAC) in
removal proceedings who files Form I-589. The Trafficking Victims
Protection Reauthorization Act (TVPRA) of 2000 provides for a range of
protections for UACs as amended by the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008. Public Law 110-457, 122
Stat. 5044 (2008). A UAC is defined by statute as a child who is less
than 18 years old, has no legal status in the U.S., and has no parent
or legal guardian in the U.S. who is available to provide care and
physical custody. 6 U.S.C. 279(g)(2). Among other provisions, the TVPRA
gives USCIS initial jurisdiction over asylum claims filed by UACs, even
by those who are in removal proceedings before EOIR such that their
asylum applications would otherwise be within the jurisdiction of an
immigration judge. Section 235(d)(7)(B) of the TVPRA, as codified at 8
U.S.C. 1158(b)(3)(C), provides that ``[a]n asylum officer . . . [in the
U.S. Citizenship and Immigration Services' (``USCIS'') Asylum Division]
. . . shall have initial jurisdiction over any asylum application filed
by an unaccompanied alien child.'' In accordance with the statute
governing asylum applications filed by UACs, they may file their Form
I-589 with USCIS, even if they are in removal proceedings and their
asylum claims are thus asserted as a defense to removal. Consistent
with the protections provided to UACs by the TVPRA, and to avoid undue
delay for this vulnerable population by impeding UACs in removal
proceedings from filing a Form I-589, DHS proposes to exclude them from
the proposed fees. A UAC who is not in removal proceedings will be
charged the same proposed $50 Form I-589 fee as other affirmative
filers.
As discussed in section V.C. of this preamble on fee waivers, DHS
proposes that the $50 Form I-589, Application for Asylum and
Withholding of Removal, fee will not be waivable. The proposed $50 fee
would generate an estimated $8.15 million in annual revenue. If DHS
permits fee waiver requests, it assumes that the costs of administering
the fee waiver request review process may exceed the revenue, thereby
offsetting any cost recovery achieved from the fee. Therefore, DHS
proposes that the $50 Form I-589 fee is mandatory. DHS acknowledges
that an alien who is not placed in removal proceedings will have no
means of applying for recognition as a person in need of refugee
protection and its attendant benefits such as asylum or withholding-
based employment authorization, travel documents, or documentation of
immigration status, if they do not pay the proposed $50 fee.\164\ That
is why although INA section 208(d)(3), 8 U.S.C.

[[Page 62320]]

1158(d)(3) expressly authorizes charging a fee up to the full cost of
providing the service, DHS is proposing a fee of $50 instead of at the
level permitted under the INA to recover costs. In addition, DHS does
not want the inability to pay the fee to be an extraordinary
circumstance excusing an applicant from meeting the one-year filing
deadline in INA 208(a)(2)(B), (D). See also 8 CFR 208.4(a)(5)(v)
(``extraordinary circumstances'' includes situations in which the alien
filed the Form I-589 prior to 1-yr deadline but application was
returned as not properly filed, and then alien refiled within
reasonable period thereafter). DHS considered the authority provided in
INA section 208(d)(3), including that the fee be paid in installments
or over time, various fee amounts and decided to propose $50 because it
could be paid in one payment, would not require an alien an
unreasonable amount of time to save, would generate some revenue to
offset costs, discourage frivolous filings, and not be so high as to be
unaffordable to even an indigent alien. DHS welcomes comments on the
imposition of this fee, including the amount and whether it should be
waivable.
---------------------------------------------------------------------------

\164\ See, e.g., 1951 Refugee Convention Art. 27 (``The
Contracting States shall issue identity papers to any refugee in
their territory who does not possess a valid travel document.''),
Art. 28(1) (``The Contracting States shall issue to refugees
lawfully staying in their territory travel documents for the purpose
of travel outside their territory, unless compelling reasons of
national security or public order otherwise require . . . .'').
---------------------------------------------------------------------------

2. Fee for the Initial Application for Employment Authorization While
an Asylum Claim Is Pending
DHS proposes to require applicants who have applied for asylum or
withholding of removal before EOIR (defensive asylum) or filed Form I-
589 with USCIS (affirmative asylum), to pay the fee for initial filings
of Form I-765. Currently, USCIS exempts applicants with pending asylum
applications who are filing their first EAD application under the 8 CFR
274a.12(c)(8) eligibility category from the Form I-765 fee if the
applicant submits evidence of an asylum application and follows other
instructions.\165\ Applicants with pending claims of asylum pay the fee
for EAD renewal and replacement, per Form I-765 instructions and
pursuant to 8 CFR 274a.12(c)(8).\166\ USCIS projects that this change
will require approximately 300,000 asylum applicants to pay the Form I-
765 fee each year. USCIS will continue to require the fee for renewal
EADs.
---------------------------------------------------------------------------

\165\ This fee exemption is provided in the Instructions to Form
I-765, Application for Employment Authorization, by the USCIS
Director or Deputy Director under the authority in 8 CFR 103.7(d);
see also 8 CFR 274a.13(a)(applicants for EADs may be required to
apply on a designated form and pay fees in accordance with form
instructions).
\166\ Class members subject to the settlement agreement under
American Baptist Churches v. Thornburgh, 760 F. Supp. 796 (N.D. Cal.
1991), will be charged the fee generally applicable to employment
authorization applications as proposed in this rule. The revised
form instructions for Form I-765, Application for Employment
Authorization, provide that class members may request that their fee
be waived, as required by that agreement using the authority in
proposed 8 CFR 106.3(d).
---------------------------------------------------------------------------

Initial applicants with pending claims of asylum are approximately
13 percent of the total Form I-765 workload volume forecast. Continuing
to exempt this population from paying the Form I-765 fee would further
increase the proposed fee. If DHS exempts initial applicants with
pending claims of asylum, then the proposed fee would be $500 instead
of $490, meaning fee-paying EAD applicants would pay $10 to fund the
cost of EADs for asylum applicants. Therefore, DHS proposes that
initial applicants with pending asylum claims pay a $490 Form I-765 fee
in order to keep the fee lower for all fee-paying EAD applicants. All
other noncitizens applying for employment authorization are required to
pay fees. See 8 CFR 274a.13. DHS notes that INA section 208(d)(3), 8
U.S.C. 1158(d)(3), seems to limit the amount that can be charged for
employment authorization for an asylum applicant where it states,
``Such fees shall not exceed the Attorney General's costs in
adjudicating the applications.'' However, section 208(d)(3) also
states, ``Nothing in this paragraph shall be construed to require the
Attorney General to charge fees for adjudication services provided to
asylum applicants, or to limit the authority of the Attorney General to
set adjudication and naturalization fees in accordance with section
1356(m) of this title.'' That sentence permits DHS to charge asylum
applicants the same fee for employment authorization that it charges
all others for employment authorization because we calculate the
proposed fee for the Form I-765, Application for Employment
Authorization Document, using the fee-setting methodology outlined in
this rule in accordance with INA sec. 286(m), 8 U.S.C. 1356(m). The
proposed EAD fee ensures asylum applicants will pay no more for an EAD
than any other EAD applicant except those for whom the fee has been
waived. Therefore, the fee for Form I-765 proposed to be charged to
asylum applicants complies with section 208(d)(3).

Q. DACA Renewal Fees

DHS proposes to add a fee for Deferred Action on Childhood Arrivals
(DACA) renewal requests. See proposed 8 CFR 106.2(a)(38). Currently,
DACA requestors use Form I-821D, Consideration of Deferred Action for
Childhood Arrivals, for DACA renewal requests. Form I-821D currently
has no fee. However, DACA requestors must pay the current fees of $410
and $85 for Form I-765 and biometrics services, respectively, which
total $495 and may not be waived, although currently there are very
limited circumstances where a fee exemption may be granted under DACA
policy criteria. The proposed Form I-821D filing fee for renewal DACA
requests is $275.^{167 168} This proposed filing fee for Form
I-821D includes the cost of biometric services. Under the proposal,
DACA requestors would still need to pay the filing fee for Form I-765
unless they qualify for an exemption, as provided through policy.\169\
The proposed Form I-821D fee to request DACA renewal, plus the EAD fee,
is $765. DHS proposes that DACA fees may not be waived, consistent with
its current policy. One of the focuses of DACA when it was launched in
2012 is that the processing of DACA requests, including associated
applications for employment authorization, does not result in an
economic drain on DHS resources. Therefore, DHS set a standard for the
exemption from the Form I-765 fee for DACA requests in a manner that
balances the needs of the most vulnerable population likely to request
DACA against USCIS' fiscal requirements for implementing the DACA
initiative. A DACA requestor who requested Form I-765 fee exemptions
faced significant delays in adjudicating the deferred action and the
EAD request. Requests for DACA renewal will come from individuals who
have had authorization to work lawfully in the U.S. for up to two years

[[Page 62321]]

and DHS assumes that these individuals will have found work and are
currently working. Therefore, DHS proposes a consistent policy and will
require the Form I-765 fee for DACA renewal.
---------------------------------------------------------------------------

\167\ Currently, DHS may also accept a limited number of
requests from individuals who previously received DACA but whose
most recent DACA grant expired before September 5, 2017 or was
terminated at any time. Although these requests are filed as initial
DACA requests because the individual is no longer eligible to file a
renewal request under longstanding DACA policy, these requests would
be subject to the proposed fee for renewal requests because two
nationwide preliminary injunctions currently require USCIS to allow
anyone who previously received DACA to request additional periods of
deferred action and employment authorization.
\168\ DHS does not propose to introduce a fee for Form I-821D
initial DACA requests because USCIS does not currently accept such
requests, except as described in footnote 167 above, or plan to
accept them in the future. Should USCIS be required to accept
initial DACA requests in the future, DHS would charge requestors the
proposed $30 biometrics fee, because biometrics costs associated
with these requests would not be recovered via the application fee
of $0.
\169\ See USCIS, Frequently Asked Questions, https://www.uscis.gov/archive/frequently-asked-questions (last reviewed/
edited March 8, 2018).

Table 15--Current and Proposed DACA Renewal Fees Compared
----------------------------------------------------------------------------------------------------------------
Percentage
DACA renewal request fees Current fees Proposed fees Difference difference
----------------------------------------------------------------------------------------------------------------
I-765 Application for Employment Authorization.. $410 $490 $80 20%
I-821D Consideration of Deferred Action for 0 275 275 N/A
Childhood Arrivals (Renewal)...................
Biometric Services.............................. 85 N/A N/A N/A
---------------------------------------------------------------
Total DACA Fees (Renewal)................... 495 765 270 55
----------------------------------------------------------------------------------------------------------------

The proposed Form I-821D fee does not include cost
reallocation.\170\ In other words, it does not recover any of the cost
for workload without fees or with reduced fees. As such, the DACA
workload in the proposed Form I-765 does not recover the projected
costs of workload without fees or with fees below projected full cost.
DHS proposes to not assign cost reallocation to the Form I-821D fee to
mitigate the fiscal risk of relying on revenue from DACA in the event
the DACA policy is ended in the future. However, the non-DACA related
workload for Form I-765 does include cost reallocation. The Form I-765
proposed fee would be higher if both DACA and non-DACA workload
included cost reallocation of workload without fees or with fees below
projected full cost.
---------------------------------------------------------------------------

\170\ See section IV.B.3. Assessing Proposed Fees for more
information.
---------------------------------------------------------------------------

In September 2017, DHS rescinded the 2012 DACA memo and initiated a
plan to wind down the policy, while opting not to terminate DACA and
EADs for individuals who had a previously approved DACA request, based
solely on the rescission. At present, however, DHS is operating under
two nationwide preliminary injunctions issued by federal district
courts in California (Regents of University of California v. DHS, No.
17-cv-05211 (N.D. Cal.)) and New York (State of New York v. Trump, No.
17-cv-05228 (E.D.N.Y.)). These injunctions require DHS to ``maintain
the DACA program on a nationwide basis on the same terms and conditions
as were in effect before the rescission on September 5, 2017.'' Under
these injunctions, DHS is not required to accept DACA requests from
individuals who have not previously been granted DACA and is not
required to accept DACA-based advance parole applications. The District
Court for the District of Columbia also vacated DHS's rescission of
DACA and ordered the government to accept initial DACA requests and
resume accepting DACA-based advance parole applications. However, the
court then ordered a limited stay of its order to preserve the status
quo pending appeal. Trustees of Princeton University v. United States,
No. 1:17-cv-2325 (D.D.C.), consolidated with NAACP v. Trump, No. 17-cv-
01907 (D.D.C.). Additionally, the U.S. Court of Appeals for the Fourth
Circuit issued a decision that vacated the DACA rescission as arbitrary
and capricious and remanded the case for further proceedings, reversing
a ruling by the District Court for the District of Maryland. However,
the Fourth Circuit subsequently stayed issuance of the mandate pending
resolution of the Government's petition for writ of certiorari. See
Casa de Maryland v. DHS, Nos. 18-1521-L; 18-1522 (4th Cir. 2019).
Therefore, USCIS is currently required to continue accepting and
adjudicating DACA requests from individuals who have previously been
granted DACA, but is not required to accept requests from other
individuals, or applications for DACA-based advance parole. DHS plans
to file a request with the subject courts to allow DHS to implement all
of the changes proposed in this rule to the extent that they may affect
past, current, or future DACA recipients.
Currently, individuals who request deferred action under DACA do so
without paying a fee that recovers the full cost to adjudicate such
requests. Therefore, other applicants, petitioners, and requestors
ultimately bear the burden to cover the full cost of DACA
adjudications. While the DHS request for the courts to approve the
effects of this proposed rule on DACA are pending, DHS publishes this
NPRM for public comment on the proposed DACA fees. If any of the courts
deny DHS's request to impose new DACA fees, then Form I-821D fees will
be removed before the final rule is adopted and the costs of
administering DACA will be reallocated to fee-paying immigration
benefit requests. As such, the fee for Form I-765 may increase. Refer
to section VII. Other Possible Fee Scenarios for additional information
regarding potential fees with and without a fee for Form I-821D.

R. Fees Shared by CBP and USCIS

DHS combined the estimated cost and volume information for USCIS
and CBP in the proposed fees for several immigration benefit requests
that both components adjudicate. This affects the proposed fees for the
following immigration benefit requests:
Form I-192, Application for Advance Permission to Enter as
a Nonimmigrant.
Form I-193, Application for Waiver of Passport and/or
Visa.
Form I-212, Application for Permission to Reapply for
Admission into the U.S. after Deportation or Removal.
Form I-824, Application for Action on an Approved
Application or Petition.
USCIS calculated proposed fees using the same methodology as other
proposed fees and then added information from CBP into the ABC model.
CBP provided revenue collections from FY 2014 to FY 2017 for these
immigration benefit requests. We divided the revenue collections by the
fee for each immigration benefit request to derive the fee-paying
volume for each immigration benefit request. CBP estimates the total
cost for Forms I-192 and I-193 as part of its statement of net cost,
leveraging the same software that USCIS uses for the ABC model.\171\
CBP does not estimate the total cost of Forms I-212 or I-824. Dividing
CBP's total costs by fee-paying volume can determine a fee-paying unit
cost, and ultimately, fees for Forms I-192 and I-

[[Page 62322]]

193. Table 16 summarizes the CBP cost estimates, derived fee-paying
volumes, and estimated unit costs.
---------------------------------------------------------------------------

\171\ USCIS uses commercially available activity-based costing
software, SAP Business Objects Profitability and Cost Management, to
create financial models to implement activity-based costing (ABC),
as described in the Methodology section of this preamble and the
supporting documentation in the docket for this proposed rule.

Table 16--CBP FY 2017 Estimated Costs and Volumes
----------------------------------------------------------------------------------------------------------------
Estimated fee-
Form Estimated Derived fee- paying unit
cost paying volume cost
----------------------------------------------------------------------------------------------------------------
I-192........................................................... $2,154,502 6,557 $329
I-193........................................................... 17,951,942 7,613 2,358
I-212........................................................... N/A 232 N/A
I-824........................................................... N/A 103 N/A
----------------------------------------------------------------------------------------------------------------

USCIS incorporated the total costs and derived fee-paying volume
for the respective CBP workloads into the ABC model. The proposed fees
represent single DHS fees for each of these workloads by combining the
estimated costs and fee-paying volumes of USCIS and CBP. DHS believes
that a single fee for each of these shared workloads will reduce
confusion for individuals interacting with CBP and USCIS.

S. 9-11 Response and Biometric Entry-Exit Fee for H-1B and L-1 Visas

In 2010 Congress enacted new fees for certain H-1B or L
petitioners. See Public Law 111-230, sec. 402.\172\ USCIS concluded at
that time that the statutory language in section 402 of Public Law 111-
230 was ambiguous and required it to interpret the statute and
determine the full extent to which the fee would apply. In particular,
the statute referred to the filing fee and fraud prevention and
detection fee required to be submitted with an application for
admission, but it was otherwise silent regarding petitions for H-1B or
L classification or for requests for a change of status or extension of
stay for beneficiaries who were already admitted into the United
States. USCIS interpreted the statute's ambiguity to apply the fees to
petitions for H-1B or L-1 classification when the fraud fee was
otherwise required because the statutory language referred to these
fees as being collected in addition to the already extant filing and
fraud prevention and detection fees. USCIS, therefore, implemented
these fees as applying only when the fraud fee was otherwise collected,
in accordance with section 214(c)(12) of the INA, 8 U.S.C. 1184(c)(12);
that is, with respect to petitions for an initial grant of status or
requesting a change of employer, but not to extension petitions filed
by the same employer on behalf of the same employee. The Public Law
111-230 fee sunset on September 30, 2015.
---------------------------------------------------------------------------

\172\ Public Law 111-230 required the submission of an
additional fee of $2,000 for certain H-1B petitions and $2,250 for
certain L-1A and L-1B petitions. These additional fees, similar to
the subsequently enacted fees under Public Law 114-113, applied to
petitioners who employ 50 or more employees in the United States
with more than 50 percent of its employees in the United States in
H-1B or L-1 nonimmigrant status.
---------------------------------------------------------------------------

In section 402(g) of Div. O of the Consolidated Appropriations Act,
2016 (Public Law 114-113) \173\ enacted December 18, 2015, Congress
reenacted and doubled these fees, effective immediately through
September 30, 2025.\174\ Although otherwise identical to the earlier
Public Law 111-230 statutory language except for the relevant dates and
dollar amounts,\175\ Congress added new phrasing at two places, in
pertinent part: ``. . . the combined filing fee and fraud prevention
and detection fee required to be submitted with an application for
admission [as an H-1B or L], including an application for an extension
of such status, shall be increased . . .'' (emphasis added). There is
no known legislative history about the Public Law 114-113 fees before
enactment.
---------------------------------------------------------------------------

\173\ Section 402(g) of Div. O of Public Law 114-113 added a new
section 411 to the Air Transportation Safety and System
Stabilization Act, 49 U.S.C. 40101 note. Section 411 provided that
the fees collected thereunder would be divided 50/50 between general
Treasury and a new ``9-11 Response and Biometric Exit Account'',
until deposits into the latter amounted to $1 billion, at which
point further collections would go only to general Treasury.
Deposits into the 9-11 account are available to DHS for a biometric
entry-exit screening system as described in 8 U.S.C. 1365b.
\174\ This sunset date was extended another two years, until
September 30, 2027, by section 30203 of Public Law 115-123 (Feb. 9,
2018).
\175\ The new provision's ``notwithstanding section 281 of the
Immigration and Nationality Act (8 U.S.C. 1351) or any other
provision of law'' clause, unlike the 2010 enactment, expressly
referred to sec. 281 of the INA, but this difference made no legal
difference in the scope of the clause, as that clause is not
meaningfully different from ``Notwithstanding any other provision of
this Act or any other provision of law'' clause in Public Law 111-
230 sec. 402.
---------------------------------------------------------------------------

USCIS again concluded that the language in Public Law 114-113, as
in the previous statute, was ambiguous and therefore USCIS had to
determine whether the fee applied to all extension petitions by covered
employers, or just those for which the fraud fee was also charged
(extension of stay with change of employer).\176\ The first reading
would be a significant new substantive expansion of the fees compared
to the 2010-2015 interpretation; the latter would be consistent with
the scope of the fees charged during that earlier period (although in
the higher amounts provided by the new provision). In the absence of
specific legislative history elucidating the intent of the statutory
changes, and given the continued ambiguity of the statute (specifically
the reference to the ``combined filing fee ($4,000 for H-1B and $4,500
for L-1 respectively) and fraud prevention and detection fee ($500)
required to be submitted''), USCIS interpreted the Public Law 114-113
fee to similarly apply only when the fraud fee described in section
214(c)(12) of the INA, 8 U.S.C. 1184(c)(12), is also required and
issued guidance accordingly.\177\
---------------------------------------------------------------------------

\176\ In enacting the new statute, Congress used the same
wording of the previous statute, with the addition of the words
``combined'' and ``including an application for an extension of such
status.'' Because Congress can be assumed to have been aware of the
agency's interpretation of the previous statute, USCIS concluded, as
an initial matter, that Congress added the phrase ``including an
application for an extension of such status'' to clarify that the
new fees not only apply to initial petitions for H-1B or L
classification, but also in extension of stay cases. However, it was
not clear whether Congress meant the new fees to apply to all
extension of stay requests (a substantive change) or just a certain
subset of cases, meaning, those involving an initial petition by a
new employer on behalf of an individual already in H-1B or L-1
status who is seeking an extension of stay (a clarification).
Further, the fact that Congress not only also included the specific
reference to the fraud fee, but in fact reinforced the significance
of that reference by inserting the word ``combined,'' made ambiguous
whether Congress intended the fee to apply to all extension cases or
just those that required the fraud fee.
\177\ See ``Fee Increase for Certain H-1B and L-1 Petitions
(Pub. L. 114-113)'' at https://www.uscis.gov/working-united-states/temporary-workers/fee-increase-certain-h-1b-and-l-1-petitions-public-law-114-113 (last reviewed/updated Feb. 20, 2018).
---------------------------------------------------------------------------

The construction of the statutory ambiguity USCIS adopted in 2015
was not, however, the only reasonable one.

[[Page 62323]]

Another reasonable interpretation is that the Public Law 114-113 fee
applies to all extension of stay petitions even when the fraud fee is
not applicable. Under this alternative interpretation, the language
``including an application for an extension of such status'' is a
substantive amendment, and the insertion of the word ``combined'' is a
clarifying one. It is plausible that Congress added the reference to
extension of status so that the fee would be collected for all
extension of stay petitions, not just those where a change of employer
is also requested. In that case, the insertion of the word ``combined''
can be viewed as a clarifying edit that the increase to the fee is
applied only once per petition and not once for the filing fee and once
for the fraud fee such that it might apply two times for some
petitions. Furthermore, when the fraud fee does not apply, the
``combined'' fee is simply the filing fee plus $0. This interpretation
would give meaning to all the alterations to the earlier statute.
DHS has reexamined this matter and believes that this second,
alternative interpretation of Public Law 114-113 would be most
consistent with the goal of the statute to ensure employers that overly
rely on H-1B or L nonimmigrant workers' pay an additional fee by making
the fee applicable to all petitions by employers that meet the
statute's 50 employee/50 percent test, regardless of whether or not the
fraud fee also applies.\178\ In other words, the fee should apply to
all H-1B or L-1 petitions, whether for new employment or an extension
of stay. DHS thus proposes to amend and clarify the regulations at new
8 CFR 106.2(c)(8) and (9)--currently 8 CFR 103.7(b)(1)(i)(III) and
(JJJ)--to specify that this fee will apply to all H-1B and L-1
extension petitions in addition to all previously covered H-1B and L-1
petitions. The regulation would clarify that this includes individual
L-1 petitions (Form I-129S) filed on the basis of a previously approved
``blanket L'' petition, but it does not apply to amended petitions
filed by employers with respect to its employee that do not request an
extension of stay. The amended regulation would also update the sunset
date for the provision from September 30, 2025 to September 30, 2027,
as provided in Public Law 115-123. It would further provide for
alternative fee amounts or sunset dates in case Congress changes them
by a subsequently enacted law.
---------------------------------------------------------------------------

\178\ USCIS counts all full-time and part-time employees when
determining whether an employer must pay this fee. H-1B and all L-1
employees are combined in the counting to determine if the 50%
threshold is met to trigger the fee. See https://www.uscis.gov/working-united-states/temporary-workers/fee-increase-certain-h-1b-and-l-1-petitions-public-law-114-113. DHS is adding the words ``in
the aggregate'' to proposed 8 CFR 106.2(c)(8) and (9) to clarify its
interpretation and how employees would be counted, consistent with
current practice, to determine if this additional fee is required.
---------------------------------------------------------------------------

Beyond the above, various policy reasons support this change in
DHS's implementation of the Public Law 114-113 fee provision. Fee
collections under the provision are applied towards the important
purposes of (1) funding the 9-11 Response and Biometric Fee Exit
Account to be used for a biometric entry-exit screening system; and (2)
deficit reduction and other public purposes funded by general Treasury
revenues. Collections have fallen well short of projections. In its
report on the fee provision in Public Law 114-113, the Congressional
Budget Office (CBO) estimated annual revenues of $420 million per year
(except for $380 million in the first year of FY 2016) from these fees
through their lifespan.\179\ However, collections for FY 2016 ($158
million), 2017 ($125 million), and 2018 ($119 million) totaled only
about $402 million. DHS believes that collections have fallen short of
the CBO projections mainly because of the USCIS construction of the
statutory provision to exclude extension petitions except when filed to
facilitate a change of employer. DHS proposes to reduce this shortfall
and better achieve the funding aims of the statute through increased
collections of these fees in the future.
---------------------------------------------------------------------------

\179\ See CBO Cost Estimate, H.R. 2029 Amendment #1 (2016
Omnibus), table 3 at sec. 402, https://www.cbo.gov/sites/default/files/114th-congress-2015-2016/costestimate/hr2029amendment1divisionsa.pdf (Dec. 16, 2015).
---------------------------------------------------------------------------

T. Form I-881, Application for Suspension of Deportation or Special
Rule Cancellation of Removal (Pursuant to Section 203 of Public Law
105-100 (NACARA))

DHS proposes to adjust the fee for Form I-881, Application for
Suspension of Deportation or Special Rule Cancellation of Removal
(Pursuant to Section 203 of Pub. L. 105-100 (NACARA)). The IEFA fees
for this application have not changed since 2005. The proposed fees
more accurately reflect USCIS' estimated costs associated with
adjudicating the application. Additionally, DHS proposes to combine the
current multiple fees into a single Form I-881 fee in effort to reduce
administrative burden.
INS implemented two fees for this benefit request in 1999. See 63
FR 64895 (Nov. 24, 1998) (proposed rule) and 64 FR 27856 (May 21, 1999)
(interim final rule). The two IEFA fees were $215 for an individual and
$430 as a maximum per family. See 64 FR 27867-8. EOIR collected a
separate $100 fee. Id. INS used ABC to determine the proposed IEFA
fees. See 63 FR 64900. The IEFA NACARA fees have only changed by
inflation since creation of the NACARA program. See 69 FR 20528 (Apr.
15, 2004) and 70 FR 56182 (Sept. 26, 2005). The current fees are as
follows:
1. $285 for individuals,
2. $570 maximum for families, and
3. $165 at EOIR, whether an individual or family.
In FY 2018, the fees generated approximately $142,000 in IEFA
revenue, when approximately 98 percent of applicants paid the $285 fee.
EOIR provided receipt information for FY 2016 to FY 2018. EOIR received
339 applications in FY 2016, 326 in FY 2017, and 277 in FY 2018. DHS
proposes no changes to the EOIR fee.
In prior fee rules, DHS has not changed the Form I-881 fees. See 72
FR 29854, 75 FR 58964, and 75 FR 73312. It excluded this immigration
benefit request from previous fee rules, essentially treating it like
other temporary programs or policies such as TPS and DACA. See 81 FR
73312. DHS expects the population will be exhausted eventually due to
relevant eligibility requirements. Id.
DHS proposes a single $1,800 fee for any Form I-881 filed with
USCIS. See proposed 8 CFR 106.2(a)(41). USCIS does not have systems in
place that can track the different adjudicative level of effort
required between Form I-881 applications by an individual compared to a
family. Regardless, DHS does not have any policy reasons that would
justify charging a separate fee for a small population that will soon
be exhausted. Additionally, removing the distinction will simplify
USCIS' revenue collections and reporting, thus reducing the
administrative burden of the program.
USCIS forecasts an average of 340 annual Form I-881 receipts in the
FY 2019/2020 biennial period. Current USCIS fees would generate
approximately $100,000 in IEFA revenue. The proposed single fee of
$1,800 would generate approximately $612,000 in revenue and slightly
mitigate the proposed fee increase of other immigration benefit
requests.

U. Miscellaneous Technical and Procedural Changes

DHS proposes several technical or procedural changes. This rule
moves the fee regulations for USCIS to a separate part of Chapter I of
Title 8 of the Code

[[Page 62324]]

of Federal Regulations. It moves them from 8 CFR part 103 to 8 CFR part
106 in an effort to reduce the length and density of part 103 as well
as to make it easier to locate specific fee provisions. In addition to
the renumbering and redesignating of paragraphs, this rule has
reorganized and reworded some sections to improve readability.
DHS proposes to remove some redundant text and consolidate USCIS
fee requirements. For example, some regulations erroneously specified
that USCIS will not accept personal checks.\180\ See, e.g., 8 CFR
245a.2(e)(3), 245a.3(d)(3), and 245a.4(b)(5)(iii). DHS proposes to
remove the erroneous or redundant text and instead refer to
consolidated fee requirements in 8 CFR 106.1. See proposed 8 CFR 106.1,
245a.2(e)(3), 245a.3(d)(3), and 245a.4(b)(5)(iii).
---------------------------------------------------------------------------

\180\ For additional information on how to pay USCIS filing
fees, see USCIS, Paying USCIS Fees available at, https://www.uscis.gov/forms/paying-uscis-fees (last reviewed/updated Feb.
14, 2018).
---------------------------------------------------------------------------

DHS proposes to revise 8 CFR 214.2(p)(2)(iv)(F) to incorporate
statutory changes that have occurred after 8 CFR 214.2(p)(2)(iv)(F) was
codified and to conform this regulatory language to longstanding
practice that allow petitions for multiple P nonimmigrants.
Specifically, DHS proposes to add a reference to ``team'' in 8 CFR
214.2(p)(2)(iv)(F) to account for INA section 214(c)(4)(G), 8 U.S.C.
1184(c)(4)(G) (``The Secretary of Homeland Security shall permit a
petition under this subsection to seek classification of more than 1
alien as a nonimmigrant under section 1101(a)(15)(P)(i)(a) of this
title''), which was added in 2006 and mandates DHS to allow a
petitioner to include multiple P-1A athletes in one petition.\181\ DHS
also proposes to delete ``seeking classification based on the
reputation of the group as an entity'' from 8 CFR 214.2(p)(2)(iv)(F)
because certain athletic teams applying for P-1 nonimmigrant
classification and groups applying for P-2 or P-3 nonimmigrant
classification are not necessarily required to establish reputation of
the team or group as an entity. Id.
---------------------------------------------------------------------------

\181\ See Public Law 109-463, 120 Stat. 3477 (2006).
---------------------------------------------------------------------------

DHS proposes to update regulations regarding adjustment of status
under INA section 245(i), 8 U.S.C. 1255(i), commonly referred to as the
Legal Immigration Family Equity (LIFE) Act. The current regulations are
inconsistent with Form I-485 instructions. DHS proposes to refer to the
current form instructions and supporting evidence requirements. See
proposed 245a.12(d). DHS also proposes to remove outdated requirements
for passport photos, biographic and biometric information. See proposed
8 CFR 245a.12(d), (d)(2), and (d)(4). In the past, USCIS required
applicants and beneficiaries to submit a fingerprint form or biographic
information with benefit requests. Currently, USCIS collects biometric
data at Application Support Centers.
DHS proposes to change outdated references to the Missouri Service
Center, now named the National Benefits Center.\182\ See proposed 8 CFR
245a.12(b) and (c); 245a.13(e) and (e)(1); 245a.18(c)(1); 245a.19(a);
and 245a.33(a) and (b). The National Benefits Center (NBC) performs
centralized front-end processing of applications and petitions that
require field office interviews (primarily, Forms I-485 and N-400). In
addition, the NBC adjudicates some form types to completion, including
but not limited to intercountry adoption cases and immigration benefits
associated with the LIFE Act. The old name is why some receipt notices
for the NBC begin with the letters ``MSC'' instead of ``NBC.''
---------------------------------------------------------------------------

\182\ USCIS, National Benefits Center: What It Is and What It
Does available from, https://www.uscis.gov/archive/blog/2012/06/national-benefits-center-what-it-is-and (released June 5, 2012).
---------------------------------------------------------------------------

DHS also proposes to amend the title of 8 CFR part 103 to make it
more descriptive of its contents. See proposed 8 CFR part 103. The
current title of part 103 is IMMIGRATION BENEFITS; BIOMETRIC
REQUIREMENTS; AVAILABILITY OF RECORDS. Part 103 contains several
significant requires for filing requests, forms and documents with
USCIS, especially in 8 CFR 103.2, which should be made more clear to
the users of that part. Therefore, DHS proposes to revise the title of
the part to include a reference to filing requirements. The proposed
title is, ``PART 103--IMMIGRATION BENEFIT REQUESTS; USCIS FILING
REQUIREMENTS; BIOMETRIC REQUIREMENTS; AVAILABILITY OF RECORDS.''
In addition, DHS is proposing a severability provision in new 8 CFR
part 106. DHS believes that the provisions of each new part function
sensibly independent of other provisions. However, to protect the goals
for which this rule is being proposed DHS is codifying our intent that
the provisions be severable so that, if necessary, the regulations can
continue to function without a stricken provision. Proposed 8 CFR
106.6.

VI. Proposed Fee Adjustments to IEFA Immigration Benefits

Projected USCIS costs for FY 2019 and 2020 exceed projected revenue
by an average of $1,262.3 million each year. Therefore, DHS proposes to
adjust the fee schedule to recover the full cost of processing
immigration benefit requests and to continue to maintain or improve
current service delivery standards.
After resource costs are identified, the ABC model distributes them
to USCIS' primary processing activities. Table 17 outlines total IEFA
costs by activity.

Table 17--Projected IEFA Costs by Activity
[Dollars in millions]
----------------------------------------------------------------------------------------------------------------
FY 2019/2020
Activity FY 2019 FY 2020 average
----------------------------------------------------------------------------------------------------------------
Conduct TECS Check.............................................. $139.7 $148.6 $144.2
Direct Costs.................................................... 59.6 60.7 60.1
Fraud Detection and Prevention.................................. 335.8 378.7 357.3
Inform the Public............................................... 402.0 422.8 412.4
Intake.......................................................... 135.5 138.6 137.1
Issue Document.................................................. 71.1 72.6 71.9
Make Determination.............................................. 1,644.3 1,753.5 1,698.9
Management and Oversight........................................ 1,148.7 1,169.8 1,159.2
Perform Biometrics Services subtotal............................ 222.8 228.3 225.6
Manage Biometric Services................................... 67.8 70.4 69.1
Collect Biometric Data...................................... 81.6 83.1 82.4
Check Fingerprints.......................................... 34.6 35.3 34.9

[[Page 62325]]

Check Name.................................................. 38.8 39.6 39.2
Records Management.............................................. 349.6 358.8 354.2
Research Genealogy.............................................. 2.0 2.0 2.0
Systematic Alien Verification for Entitlements.................. 47.0 48.3 47.7
-----------------------------------------------
Total IEFA Costs............................................ 4,558.1 4,782.9 4,670.5
----------------------------------------------------------------------------------------------------------------

Next, the ABC model distributes activity costs to immigration
benefit requests. Table 18 summarizes total revenue by immigration
benefit request based on the proposed fee schedule.

Table 18--Projected FY 2019/2020 Average Annual Revenue per Immigration
Benefit With Proposed Fees
[Dollars in millions]
------------------------------------------------------------------------
Revenue
Immigration benefit request forecast
------------------------------------------------------------------------
I-90 Application to Replace Permanent Resident Card..... $283.33
I-102 Application for Replacement/Initial Nonimmigrant 3.51
Arrival-Departure Document.............................
I-129 Petition for a Nonimmigrant Worker Subtotal....... 330.30
I-129H1B--Named Beneficiaries....................... 237.05
I-129H2A--Named Beneficiaries....................... 3.41
I-129H2B--Named Beneficiaries....................... 1.64
I-129L--Named Beneficiaries......................... 33.82
I-129O.............................................. 18.20
I-129CW, I-129E&TN, and I-129MISC................... 30.66
I-129H2A--Unnamed Beneficiaries..................... 3.82
I-129H2B--Unnamed Beneficiaries..................... 1.70
I-129F Petition for Alien Fianc[eacute](e).............. 24.92
I-130 Petition for Alien Relative....................... 541.90
I-131 Application for Travel Document................... 170.27
I-131 Refugee Travel Document for an individual age 16 3.00
or older...............................................
I-131 Refugee Travel Document for a child under the age 0.14
of 16..................................................
I-131A Application for Carrier Documentation............ 9.90
I-140 Immigrant Petition for Alien Worker............... 87.75
I-191 Application for Relief Under Former Section 212(c) 0.21
of the Immigration and Nationality Act (INA)...........
I-192 Application for Advance Permission to Enter as 32.23
Nonimmigrant...........................................
I-193 Application for Waiver of Passport and/or Visa.... 21.40
I-212 Application for Permission to Reapply for 6.33
Admission into the U.S. After Deportation or Removal...
I-290B Notice of Appeal or Motion....................... 14.60
I-360 Petition for Amerasian, Widow(er) or Special 1.92
Immigrant..............................................
I-485 Application to Register Permanent Residence or 572.24
Adjust Status..........................................
I-526 Immigrant Petition by Alien Entrepreneur.......... 56.21
I-539 Application to Extend/Change Nonimmigrant Status.. 89.56
I-589 Application for Asylum and for Withholding of 8.15
Removal................................................
I-600/600A; I-800/800A Intercountry Adoption-Related 4.98
Petitions and Applications.............................
I-600A/I-600 Supplement 3 Request for Action on Approved 0.31
Form I-600A/I-600......................................
I-601 Application for Waiver of Ground of Excludability. 20.40
I-601A Provisional Unlawful Presence Waiver............. 64.32
I-612 Application for Waiver of the Foreign Residence 0.31
Requirement (Under Section 212(e) of the INA, as
Amended)...............................................
I-687 Application for Status as a Temporary Resident.... 0.00
I-690 Application for Waiver of Grounds of 0.02
Inadmissibility........................................
I-694 Notice of Appeal of Decision...................... 0.01
I-698 Application to Adjust Status from Temporary to 0.16
Permanent Resident (Under Section 245A of the INA).....
I-751 Petition to Remove Conditions on Residence........ 113.18
I-765 Application for Employment Authorization.......... 941.82
I-800A Supplement 3 Request for Action on Approved Form 0.31
I-800A.................................................
I-817 Application for Family Unity Benefits............. 0.81
I-821D Consideration of Deferred Action for Childhood 108.90
Arrivals (Renewal).....................................
I-824 Application for Action on an Approved Application 5.57
or Petition............................................
I-829 Petition by Entrepreneur to Remove Conditions on 13.65
Permanent Resident Status..............................
I-881 Application for Suspension of Deportation or 0.61
Special Rule Cancellation of Removal...................
I-910 Application for Civil Surgeon Designation......... 0.34
I-924 Application For Regional Center Designation Under 9.25
the Immigrant Investor Program.........................
I-924A Annual Certification of Regional Center.......... 4.25
I-929 Petition for Qualifying Family Member of a U-1 1.53
Nonimmigrant...........................................
N-300 Application to File Declaration of Intention...... 0.01
N-336 Request for a Hearing on a Decision in 6.80
Naturalization Proceedings.............................

[[Page 62326]]

N-400 Application for Naturalization.................... 949.72
N-470 Application to Preserve Residence for 0.17
Naturalization Purposes................................
N-565 Application for Replacement Naturalization/ 12.78
Citizenship Document...................................
N-600/600K Naturalization Certificate Application 50.41
Subtotal...............................................
N-600 Application for Certificate of Citizenship.... 47.56
N-600K Application for Citizenship and Issuance of 2.85
Certificate Under Section 322......................
USCIS Immigrant Fee..................................... 114.49
Biometric Services...................................... 8.55
G-1041 Genealogy Index Search Request................... 1.12
G-1041A Genealogy Records Request....................... 0.98
---------------
Total............................................... 4,693.62
------------------------------------------------------------------------

Table 19 depicts the current and proposed USCIS fees for
immigration benefit requests and biometric services. For a more
detailed description of the basis for the changes described in this
table, see Appendix Table 3 in the FY 2019/2020 Fee Review Supporting
Documentation accompanying this proposed rule.

Table 19--Proposed Fees by Immigration Benefit
----------------------------------------------------------------------------------------------------------------
Immigration benefit request Current fee Proposed fee Delta ($) Percent change
----------------------------------------------------------------------------------------------------------------
I-90 Application to Replace Permanent Resident $455 $415 -$40 -9%
Card...........................................
I-102 Application for Replacement/Initial 445 490 45 10
Nonimmigrant Arrival-Departure Document........
I-129 Petition for a Nonimmigrant worker........ 460 N/A N/A N/A
I-129H1 I-129 H-1B--Named Beneficiaries......... 460 560 100 22
I-129H2A I-129 H-2A--Named Beneficiaries........ 460 860 400 87
I-129H2B I-129 H-2B--Named Beneficiaries........ 460 725 265 58
I-129L Petition for L Nonimmigrant Worker....... 460 815 355 77
I-129O Petition for O Nonimmigrant Worker....... 460 715 255 55
I-129CW, I-129E&TN, and I-129MISCV Petition for 460 705 245 53
a CNMI-Only Nonimmigrant Transitional Worker;
Application for Nonimmigrant Worker: E and TN
Classification; and Petition for Nonimmigrant
Worker: H-3, P, Q, or R Classification.........
I-129H2A I-129 H-2A--Unnamed Beneficiaries...... 460 425 -35 -8
I-129H2B I-129 H-2B--Unnamed Beneficiaries...... 460 395 -65 -14
I-129F Petition for Alien Fianc[eacute](e)...... 535 520 -15 -3
I-130 Petition for Alien Relative............... 535 555 20 4
I-131 Application for Travel Document........... 575 585 10 2
I-131 Travel Document for an individual age 16 135 145 10 7
or older.......................................
I-131 I-131 Refugee Travel Document for a child 105 115 10 10
under the age of 16............................
I-131A Application for Carrier Documentation.... 575 1,010 435 76
I-140 Immigrant Petition for Alien Worker....... 700 545 -155 -22
I-191 Application for Relief Under Former 930 800 -130 -14
Section 212(c) of the Immigration and
Nationality Act (INA)..........................
I-192 Application for Advance Permission to \183\ 585/930 1,415 830/485 142/52
Enter as Nonimmigrant..........................
I-193 Application for Waiver of Passport and/or 585 2,790 2,205 377
Visa...........................................
I-212 Application for Permission to Reapply for 930 1,040 110 12
Admission into the U.S. After Deportation or
Removal........................................
I-290B Notice of Appeal or Motion............... 675 705 30 4
I-360 Petition for Amerasian Widow(er) or 435 455 20 5
Special Immigrant..............................
I-485 Application to Register Permanent \184\ 1,140/ 1,120 -20/370 -2/49
Residence or Adjust Status..................... 750
I-526 Immigrant Petition by Alien Entrepreneur.. 3,675 4,015 340 9
I-539 Application to Extend/Change Nonimmigrant 370 400 30 8
Status.........................................
I-589 Application for Asylum and for Withholding 0 50 50 N/A
of Removal.....................................
I-600/600A Petition to Classify Orphan as an 775 810 35 5
Immediate Relative/Application for Advance
Processing of an Orphan Petition...............
I-600A/I-600 Supp. 3 Request for Action on N/A 405 N/A N/A
Approved Form I-600A/I-600.....................
I-601 Application for Waiver of Ground of 930 985 55 6
Excludability..................................
I-601A Application for Provisional Unlawful 630 960 330 52
Presence Waiver................................
I-612 Application for Waiver of the Foreign 930 525 -405 -44
Residence Requirement (Under Section 212(e) of
the INA, as Amended)...........................
I-687 Application for Status as a Temporary 1,130 1,130 0 0
Resident under Section 245A of the Immigration
and Nationality Act............................
I-690 Application for Waiver of Grounds of 715 770 55 8
Inadmissibility................................
I-694 Notice of Appeal of Decision.............. 890 725 -165 -19

[[Page 62327]]

I-698 Application to Adjust Status From 1,670 1,615 -55 -3
Temporary to Permanent Resident (Under Section
245A of the INA)...............................
I-751 Petition to Remove Conditions on Residence 595 760 165 28
I-765 Application for Employment Authorization.. 410 490 80 20
I-800/800A Petition to Classify Convention 775 810 35 5
Adoptee as an Immediate Relative/Application
for Determination of Suitability to Adopt a
Child from a Convention Country................
I-800A Supp. 3 Request for Action on Approved 385 405 20 5
Form I-800A....................................
I-817 Application for Family Unity Benefits..... 600 590 -10 -2
I-821D Consideration of Deferred Action for 0 275 275 N/A
Childhood Arrivals (Renewal)...................
I-824 Application for Action on an Approved 465 500 35 8
Application or Petition........................
I-829 Petition by Entrepreneur to Remove 3,750 3,900 150 4
Conditions on Permanent Resident Status........
I-881 Application for Suspension of Deportation \185\ 285/570 1,800 1,515/1,230 532/216
or Special Rule Cancellation of Removal........
I-910 Application for Civil Surgeon Designation. 785 650 -135 -17
I-924 Application for Regional Center 17,795 17,795 0 0
Designation Under the Immigrant Investor
Program........................................
I-924A Annual Certification of Regional Center.. 3,035 4,470 1,435 47
I-929 Petition for Qualifying Family Member of a 230 1,515 1,285 559
U-1 Nonimmigrant...............................
I-941 Application for Entrepreneur Parole....... 1,200 1,200 0 0
N-300 Application to File Declaration of 270 1,320 1,050 389
Intention......................................
N-336 Request for a Hearing on a Decision in 700 1,755 1,055 151
Naturalization Proceedings.....................
N-400 Application for Naturalization............ 640/320 1,170 530 83
N-470 Application to Preserve Residence for 355 1,600 1,245 266
Naturalization Purposes........................
N-565 Application for Replacement Naturalization/ 555 545 -10 -2
Citizenship Document...........................
N-600 Application for Certificate of Citizenship 1,170 1,015 -155 -13
N-600K Application for Citizenship and Issuance 1,170 960 -210 -18
of Certificate Under Section 322...............
USCIS Immigrant Fee............................. 220 200 -20 -9
G-1041 Genealogy Index Search Request........... 65 240 175 269
G-1041A Genealogy Records Request............... 65 385 320 492
Biometric Services.............................. 85 30 -55 -65
----------------------------------------------------------------------------------------------------------------

---------------------------------------------------------------------------

\183\ The current fee for Form I-192 is 585 when filed with and
processed by CBP. When filed with USCIS, the fee is 930. See 8 CFR
103.7(b)(1)(i)(P).
\184\ The 750 fee applies to ``an applicant under the age of 14
years when [the application] is (i) submitted concurrently with the
Form I-485 of a parent, (ii) the applicant is seeking to adjust
status as a derivative of his or her parent, and (iii) the child's
application is based on a relationship to the same individual who is
the basis for the child's parent's adjustment of status, or under
the same legal authority as the parent.'' See 8 CFR
103.7(b)(1)(i)(U)(2).
---------------------------------------------------------------------------

VII. Other Possible Fee Scenarios
---------------------------------------------------------------------------

\185\ Currently there are two USCISs fees for Form I-881: $285
for individuals and $570 for families. See 8 CFR
103.7(b)(1)(i)(QQ)(1). EOIR has a separate $165 fee. DHS proposes no
changes to the EOIR fee.
---------------------------------------------------------------------------

Subject to certain limitations, the fees that DHS proposes in this
rule may change in the subsequent final rule based on policy decisions,
in response to public comments, intervening legislation, and other
changes. DHS will explain any changes between the proposed and final
fees. Nevertheless, DHS notes that the content of a final rule, beyond
public comments and policy modifications, appreciably depends on two
factors that are to some extent beyond its control. As previously
described, this rule includes a proposed DACA renewal fee associated
with Form I-821D. See section V.Q. DACA Fees of this preamble. However,
DHS is currently operating under two nationwide preliminary injunctions
to maintain the DACA policy. DHS is not currently accepting initial
DACA requests, except in limited circumstances.\186\ USCIS evaluated
separate DACA initial and renewal fees in case that changes.
Additionally, the proposed fees include USCIS funding $207.6 million of
ICE expenses associated with adjudication and naturalization services
in both FY 2019 and FY 2020. See section IV.A.1.a. Use IEFA Fee
Collections to Fund ICE Activities of this preamble. Any combination of
those proposals may not materialize because DHS must obtain relief from
the DACA preliminary injunctions. This rule also proposes the transfer
of IEFA funds to ICE consistent with the Administration's budget
requests for fiscal years 2019 and 2020. If Congress rejects the
Administration's request, or if DHS does not ultimately shift these
costs from annual appropriations to the IEFA, USCIS will not include
this use of these funds in its fee model for the final rule.
Uncertainties associated with each aspect of the rule could result in
changes to the final fees.\187\
---------------------------------------------------------------------------

\186\ See footnotes 167 and 168.
\187\ In addition, litigation regarding various fees may result
in DHS not implementing certain fees or fee increases. DHS is
considering whether to include a severability provision in the final
fee rule, or ``fallback'' provisions that provide for alternative
fee schedules in the event that certain aspects of the rule are not
implemented. DHS requests comment on this option.
---------------------------------------------------------------------------

[[Page 62328]]

Scenarios E and F list separate initial and renewal fees for DACA, with
or without the ICE transfer. Table 20 lists the assumptions and effects
of these three factors on each fee scenario. The following sections
briefly describe the differences and list the possible fees in each
scenario.
---------------------------------------------------------------------------

\188\ See footnote 6 for more information on the weighted
averages in the fee schedule.

Table 20--Proposed Fee Schedule Scenarios
----------------------------------------------------------------------------------------------------------------
Percent
DACA renewal DACA initial ICE Transfer Average weighted
Fee scenario fees included fee included included budget ($ average fee
millions) increase \188\
----------------------------------------------------------------------------------------------------------------
A............................ Yes............ No............. Yes............ $4,670.5 21%
B............................ Yes............ No............. No............. 4,462.9 15
C............................ No............. No............. Yes............ 4,651.7 25
D............................ No............. No............. No............. 4,444.2 20
E............................ Yes............ Yes............ Yes............ 4,672.4 20
F............................ Yes............ Yes............ No............. 4,464.8 15
----------------------------------------------------------------------------------------------------------------

A. Fee Schedule With DACA Renewal Fees

Scenarios A and B produced fee levels in between the highest and
lowest scenarios. Table 21 lists the individual fees for each. These
fees are lower than in some scenarios because DACA fees recover part of
USCIS costs. Scenario B produces lower fees than Scenario A because it
has a lower budget by excluding the ICE transfer.

Table 21--Proposed Fee Schedule With DACA Renewal Fee With and Without
the ICE Transfer
------------------------------------------------------------------------
Immigration benefit request Scenario A Scenario B
------------------------------------------------------------------------
I-90 Application to Replace Permanent $415 $385
Resident Card..........................
I-102 Application for Replacement/ 490 465
Initial Nonimmigrant Arrival-Departure
Document...............................
I-129 Petition for a Nonimmigrant worker N/A N/A
I-129H1B--Named Beneficiaries....... 560 535
I-129H2A--Named Beneficiaries....... 860 840
I-129H2B--Named Beneficiaries....... 725 700
I-129L--Named Beneficiaries......... 815 795
I-129O.............................. 715 690
I-129CW, I-129E&TN, and I-129MISC... 705 685
I-129H2A--Unnamed Beneficiaries..... 425 400
I-129H2B--Unnamed Beneficiaries..... 395 370
I-129F Petition for Alien 520 495
Fianc[eacute](e).......................
I-130 Petition for Alien Relative....... 555 535
I-131 Application for Travel Document... 585 550
I-131 Refugee Travel Document for an 145 145
individual age 16 or older.............
I-131 Refugee Travel Document for a 115 115
child under the age of 16..............
I-131A Application for Carrier 1,010 1,010
Documentation..........................
I-140 Immigrant Petition for Alien 545 520
Worker.................................
I-191 Application for Relief Under 800 780
Former Section 212(c) of the
Immigration and Nationality Act (INA)..
I-192 Application for Advance Permission 1,415 1,355
to Enter as Nonimmigrant...............
I-193 Application for Waiver of Passport 2,790 2,805
and/or Visa............................
I-212 Application for Permission to 1,040 1,025
Reapply for Admission into the U.S.
After Deportation or Removal...........
I-290B Notice of Appeal or Motion....... 705 675
I-360 Petition for Amerasian Widow(er) 455 435
or Special Immigrant...................
I-485 Application to Register Permanent 1,120 1,095
Residence or Adjust Status.............
I-526 Immigrant Petition by Alien 4,015 4,010
Entrepreneur...........................
I-539 Application to Extend/Change 400 375
Nonimmigrant Status....................
I-589 Application for Asylum and for 50 50
Withholding of Removal.................
I-600/600A Orphan Adoption-Related 810 770
Petitions and Applications.............
I-600A Supplement 3 Request for Action 405 385
on Approved Form I-600A................
I-601 Application for Waiver of Ground 985 965
of Excludability.......................
I-601A Provisional Unlawful Presence 960 940
Waiver.................................
I-612 Application for Waiver of the 525 495
Foreign Residence Requirement (Under
Section 212(e) of the INA, as Amended).
I-687 Application for Status as a 1,130 1,130
Temporary Resident.....................
I-690 Application for Waiver of Grounds 770 745
of Inadmissibility.....................
I-694 Notice of Appeal of Decision...... 725 705
I-698 Application to Adjust Status from 1,615 1,600
Temporary to Permanent Resident (Under
Section 245A of the INA)...............
I-751 Petition to Remove Conditions on 760 735
Residence..............................
I-765 Application for Employment 490 455
Authorization..........................
I-800/800A Hague Adoption Convention 805 770
Adoption-Related Petitions and
Applications...........................
I-800A Supplement 3 Request for Action 405 385
on Approved Form I-800A................
I-817 Application for Family Unity 590 565
Benefits...............................
I-821D Consideration of Deferred Action 0 0
for Childhood Arrivals (Initial).......
I-821D Consideration of Deferred Action 275 250
for Childhood Arrivals (Renewal).......
I-824 Application for Action on an 500 475
Approved Application or Petition.......
I-829 Petition by Entrepreneur to Remove 3,900 3,895
Conditions on Permanent Resident Status

[[Page 62329]]

I-881 Application for Suspension of 1,800 1,785
Deportation or Special Rule
Cancellation of Removal................
I-910 Application for Civil Surgeon 650 625
Designation............................
I-924 Application For Regional Center 17,795 17,795
Designation Under the Immigrant
Investor Program.......................
I-924A Annual Certification of Regional 4,470 4,470
Center.................................
I-929 Petition for Qualifying Family 1,515 1,465
Member of a U-1 Nonimmigrant...........
N-300 Application to File Declaration of 1,320 1,305
Intention..............................
N-336 Request for a Hearing on a 1,755 1,730
Decision in Naturalization Proceedings.
N-400 Application for Naturalization.... 1,170 1,150
N-470 Application to Preserve Residence 1,600 1,585
for Naturalization Purposes............
N-565 Application for Replacement 545 515
Naturalization/Citizenship Document....
N-600 Application for Certificate of 1,015 985
Citizenship............................
N-600K Application for Citizenship and 960 940
Issuance of Certificate Under Section
322....................................
USCIS Immigrant Fee..................... 200 175
Biometric Services...................... 30 30
G-1041 Genealogy Index Search Request... 240 240
G-1041A Genealogy Records Request....... 385 385
------------------------------------------------------------------------

B. Fee Schedule Without DACA Fees

Scenarios C and D exclude DACA workload from the fee schedules.
Table 22 lists the fees for these scenarios. These scenarios produced
some of the highest fees because they do not include DACA fee-paying
volume to recover a portion of the projected budget. The fee review
budget in these scenarios is lower than scenarios A, B, E, and F
because USCIS removed certain estimated costs related to DACA, so as to
mitigate the financial risk to USCIS of dependence upon revenue
associated with a temporary program that may be eliminated in the
future.\189\ However, the decrease to the budget from DACA does not
offset the fee increase. Scenario C yields the highest fees in some
cases because it includes the ICE transfer in the budget. Scenario D
fees may be higher or lower than the proposed fees in scenario A
because it has the lowest total budget, but it excludes DACA fee-paying
volume to recover a portion of the projected budget.
---------------------------------------------------------------------------

\189\ In the FY 2019/2020 fee review scenarios without DACA
fees, USCIS removed contractual costs related to DACA from the ABC
model. These excluded costs were for form intake, biometric
collection, and EAD card production for DACA volumes. While DHS did
not discuss the methodology in the FY 2016/2017 fee rule docket, DHS
took a similar approach to exclude temporary or uncertain costs
related to temporary programs. See 81 FR 26914.

Table 22--Fee Schedule Without DACA Fees and With or Without the ICE
Transfer
------------------------------------------------------------------------
Immigration benefit request Scenario C Scenario D
------------------------------------------------------------------------
I-90 Application to Replace Permanent $440 $410
Resident Card..........................
I-102 Application for Replacement/ 510 480
Initial Nonimmigrant Arrival-Departure
Document...............................
I-129 Petition for a Nonimmigrant worker 0 0
I-129H1B--Named Beneficiaries....... 585 555
I-129H2A--Named Beneficiaries....... 870 850
I-129H2B--Named Beneficiaries....... 735 710
I-129L--Named Beneficiaries......... 830 805
I-129O.............................. 725 705
I-129CW, I-129E&TN, and I-129MISC... 720 695
I-129H2A--Unnamed Beneficiaries..... 440 410
I-129H2B--Unnamed Beneficiaries..... 410 385
I-129F Petition for Alien 535 510
Fianc[eacute](e).......................
I-130 Petition for Alien Relative....... 575 550
I-131 Application for Travel Document... 625 585
I-131 Refugee Travel Document for an 145 145
individual age 16 or older.............
I-131 Refugee Travel Document for a 115 115
child under the age of 16..............
I-131A Application for Carrier 1,015 1,010
Documentation..........................
I-140 Immigrant Petition for Alien 580 555
Worker.................................
I-191 Application for Relief Under 815 790
Former Section 212(c) of the
Immigration and Nationality Act (INA)..
I-192 Application for Advance Permission 1,465 1,395
to Enter as Nonimmigrant...............
I-193 Application for Waiver of Passport 2,775 2,790
and/or Visa............................
I-212 Application for Permission to 1,070 1,050
Reapply for Admission into the U.S.
After Deportation or Removal...........
I-290B Notice of Appeal or Motion....... 735 700
I-360 Petition for Amerasian Widow(er) 475 450
or Special Immigrant...................
I-485 Application to Register Permanent 1,155 1,125
Residence or Adjust Status.............
I-526 Immigrant Petition by Alien 4,015 4,005
Entrepreneur...........................
I-539 Application to Extend/Change 420 395
Nonimmigrant Status....................
I-589 Application for Asylum and for 50 50
Withholding of Removal.................
I-600/600A Orphan Adoption-Related 845 770
Petitions and Applications.............
I-600A Supplement 3 Request for Action 420 400
on Approved Form I-600A................
I-601 Application for Waiver of Ground 1,035 1,010
of Excludability.......................
I-601A Provisional Unlawful Presence 980 960
Waiver.................................

[[Page 62330]]

I-612 Application for Waiver of the 545 515
Foreign Residence Requirement (Under
Section 212(e) of the INA, as Amended).
I-687 Application for Status as a 1,130 1,130
Temporary Resident.....................
I-690 Application for Waiver of Grounds 790 760
of Inadmissibility.....................
I-694 Notice of Appeal of Decision...... 740 715
I-698 Application to Adjust Status from 1,635 1,615
Temporary to Permanent Resident (Under
Section 245A of the INA)...............
I-751 Petition to Remove Conditions on 780 755
Residence..............................
I-765 Application for Employment 590 550
Authorization..........................
I-800/800A Hague Adoption Convention 845 805
Adoption-Related Petitions and
Applications...........................
I-800A Supplement 3 Request for Action 420 400
on Approved Form I-800A................
I-817 Application for Family Unity 615 590
Benefits...............................
I-821D Consideration of Deferred Action N/A N/A
for Childhood Arrivals (Initial).......
I-821D Consideration of Deferred Action N/A N/A
for Childhood Arrivals (Renewal).......
I-824 Application for Action on an 520 495
Approved Application or Petition.......
I-829 Petition by Entrepreneur to Remove 3,905 3,895
Conditions on Permanent Resident Status
I-881 Application for Suspension of 1,825 1,805
Deportation or Special Rule
Cancellation of Removal................
I-910 Application for Civil Surgeon 660 635
Designation............................
I-924 Application For Regional Center 17,795 17,795
Designation Under the Immigrant
Investor Program.......................
I-924A Annual Certification of Regional 4,465 4,460
Center.................................
I-929 Petition for Qualifying Family 1,535 1,480
Member of a U-1 Nonimmigrant...........
N-300 Application to File Declaration of 1,340 1,315
Intention..............................
N-336 Request for a Hearing on a 1,770 1,745
Decision in Naturalization Proceedings.
N-400 Application for Naturalization.... 1,195 1,170
N-470 Application to Preserve Residence 1,615 1,595
for Naturalization Purposes............
N-565 Application for Replacement 580 550
Naturalization/Citizenship Document....
N-600 Application for Certificate of 1,035 1,005
Citizenship............................
N-600K Application for Citizenship and 975 950
Issuance of Certificate................
USCIS Immigrant Fee..................... 215 185
Biometric Services...................... 30 30
G-1041 Genealogy Index Search Request... 240 240
G-1041A Genealogy Records Request....... 385 385
------------------------------------------------------------------------

C. Fee Schedule With Both DACA Initial and Renewal Fees

In scenarios E and F, USCIS adds its forecast of 43,000 initial
requests for DACA. While the fee review budget is slightly higher than
scenarios A and B, the increased fee-paying volume produces some of the
lowest fees. Table 23 lists the fees in these scenarios.

Table 23--Fee Schedule With DACA Initial and Renewal Fees
------------------------------------------------------------------------
Immigration benefit request Scenario E Scenario F
------------------------------------------------------------------------
I-90 Application to Replace Permanent $415 $385
Resident Card..........................
I-102 Application for Replacement/ 485 460
Initial Nonimmigrant Arrival-Departure
Document...............................
I-129 Petition for a Nonimmigrant worker 0 0
I-129H1--Named Beneficiaries........ 550 520
I-129H2A--Named Beneficiaries....... 810 790
I-129H2B--Named Beneficiaries....... 705 685
I-129L--Named Beneficiaries......... 790 770
I-129O.............................. 695 670
I-129CW, I-129E&TN, and I-129MISC... 680 660
I-129H2A--Unnamed Beneficiaries..... 405 385
I-129H2B--Unnamed Beneficiaries..... 390 365
I-129F Petition for Alien 500 475
Fianc[eacute](e).......................
I-130 Petition for Alien Relative....... 550 530
I-131 Application for Travel Document... 585 550
I-131 Refugee Travel Document for an 145 145
individual age 16 or older.............
I-131 Refugee Travel Document for a 115 115
child under the age of 16..............
I-131A Application for Carrier 1,010 1,010
Documentation..........................
I-140 Immigrant Petition for Alien 545 520
Worker.................................
I-191 Application for Relief Under 800 780
Former Section 212(c) of the
Immigration and Nationality Act (INA)..
I-192 Application for Advance Permission 1,415 1,350
to Enter as Nonimmigrant...............
I-193 Application for Waiver of Passport 2,790 2,805
and/or Visa............................
I-212 Application for Permission to 1,040 1,020
Reapply for Admission into the U.S.
After Deportation or Removal...........
I-290B Notice of Appeal or Motion....... 700 670
I-360 Petition for Amerasian Widow(er) 455 430
or Special Immigrant...................
I-485 Application to Register Permanent 1,120 1,095
Residence or Adjust Status.............
I-526 Immigrant Petition by Alien 4,015 4,010
Entrepreneur...........................
I-539 Application to Extend/Change 390 370
Nonimmigrant Status....................
I-589 Application for Asylum and for 50 50
Withholding of Removal.................

[[Page 62331]]

I-600/600A Orphan Adoption-Related 805 770
Petitions and Applications.............
I-600A Supplement 3 Request for Action 400 380
on Approved Form I-600A................
I-601 Application for Waiver of Ground 985 965
of Excludability.......................
I-601A Provisional Unlawful Presence 960 940
Waiver.................................
I-612 Application for Waiver of the 515 485
Foreign Residence Requirement (Under
Section 212(e) of the INA, as Amended).
I-687 Application for Status as a 1,130 1,130
Temporary Resident.....................
I-690 Application for Waiver of Grounds 770 745
of Inadmissibility.....................
I-694 Notice of Appeal of Decision...... 715 695
I-698 Application to Adjust Status from 1,615 1,600
Temporary to Permanent Resident (Under
Section 245A of the INA)...............
I-751 Petition to Remove Conditions on 745 720
Residence..............................
I-765 Application for Employment 480 445
Authorization..........................
I-800/800A Hague Adoption Convention 805 770
Adoption-Related Petitions and
Applications...........................
I-800A Supplement 3 Request for Action 400 380
on Approved Form I-800A................
I-817 Application for Family Unity 590 565
Benefits...............................
I-821D Consideration of Deferred Action 500 480
for Childhood Arrivals (Initial).......
I-821D Consideration of Deferred Action 270 250
for Childhood Arrivals (Renewal).......
I-824 Application for Action on an 495 475
Approved Application or Petition.......
I-829 Petition by Entrepreneur to Remove 3,900 3,895
Conditions on Permanent Resident Status
I-881 Application for Suspension of 1,800 1,785
Deportation or Special Rule
Cancellation of Removal................
I-910 Application for Civil Surgeon 650 625
Designation............................
I-924 Application For Regional Center 17,795 17,795
Designation Under the Immigrant
Investor Program.......................
I-924A Annual Certification of Regional 4,465 4,465
Center.................................
I-929 Petition for Qualifying Family 1,510 1,465
Member of a U-1 Nonimmigrant...........
N-300 Application to File Declaration of 1,320 1,305
Intention..............................
N-336 Request for a Hearing on a 1,755 1,730
Decision in Naturalization Proceedings.
N-400 Application for Naturalization.... 1,170 1,150
N-470 Application to Preserve Residence 1,600 1,585
for Naturalization Purposes............
N-565 Application for Replacement 545 515
Naturalization/Citizenship Document....
N-600 Application for Certificate of 1,015 985
Citizenship............................
N-600K Application for Citizenship and 960 940
Issuance of Certificate................
USCIS Immigrant Fee..................... 200 175
Biometric Services...................... 30 30
G-1041 Genealogy Index Search Request... 240 240
G-1041A Genealogy Records Request....... 385 385
------------------------------------------------------------------------

VIII. Statutory and Regulatory Requirements

A. Executive Order 12866 (Regulatory Planning and Review) and Executive
Order 13563 (Improving Regulation and Regulatory Review)

Executive Orders (E.O.) 12866 and 13563 direct agencies to assess
the costs and benefits of available alternatives, and if regulation is
necessary, to select regulatory approaches that maximize net benefits
(including potential economic, environmental, public health and safety
effects, distributive impacts, and equity). E.O. 13563 emphasizes the
importance of quantifying both costs and benefits, of reducing costs,
of harmonizing rules, and of promoting flexibility. This proposed rule
has been designated an ``economically significant regulatory action''
under section 3(f)(1) of E.O. 12866. Accordingly, the rule has been
reviewed by OMB.
USCIS' current fee schedule is expected to yield $3.41 billion of
average annual revenue during the FY 2019/2020 biennial period. This
represents a $0.93 billion, or 38 percent, increase from the FY 2016/
2017 fee rule projection of $2.48 billion. See 81 FR 26911. The
projected revenue increase is due to higher fees as a result of the FY
2016/2017 fee rule and more anticipated fee-paying receipts. The FY
2016/2017 fee rule forecasted 5,870,989 total workload receipts and
5,140,415 fee-paying receipts. See 81 FR 26923-4. However, the FY 2019/
2020 fee review forecasts 9,336,015 total workload receipts and
7,789,861 fee-paying receipts. This represents a 59 percent increase to
workload and 52 percent increase to fee-paying receipt volume
assumptions.
USCIS would use the increase in revenue under INA section 286(m),
(n), 8 U.S.C. 1356(m), (n), to ensure that USCIS would recover its full
operating costs and maintain an adequate level of service. USCIS would
set fees at levels sufficient to cover the full cost of the
corresponding services associated with fairly and efficiently
adjudicating immigration benefit requests and at a level sufficient to
fund overall requirements and general operations, including the full
costs of processing immigration benefit requests and associated support
benefits; the full cost of providing similar benefits to asylum and
refugee applicants at no charge; and the full cost of providing similar
benefits to others at no charge.
The 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 services provided without charge to
asylum applicants and certain other applicants. DHS must fund the costs
of providing services without charge by using a portion of the filing
fees that are collected for other immigration benefits. While most
immigration benefit request filing fees apply to individuals, as
described above, some also apply to small entities. USCIS seeks to
minimize the impact on all parties, but in particular small entities.
An alternative to the increased economic burden of the proposed rule is
to maintain fees at their current level for small entities. The
strength of this alternative is that it assures no additional fee
burden is placed on small entities; however, this alternative also
would cause negative impacts to small entities.
Without the fee adjustments proposed in this rule, significant
operational changes would be necessary. Given

[[Page 62332]]

current filing volume and other economic considerations, additional
revenue is necessary to prevent immediate and significant cuts in
planned spending. The proposed revenue increase is based on currently
available USCIS costs and volume projections.
In addition to simple fee adjustments, the proposed rule includes
numerous other changes in forms and policies related to fee payment.
Some of these changes would result in cost savings, and others would
result in costs or transfers. For the 10-year implementation period of
the proposed rule, DHS estimates the total cost of the rule to
applicants/petitioners is $4,730,732,250 undiscounted, $4,035,410,566
discounted at 3-percent, and $3,322,668,371 discounted at 7-percent.
DHS estimates the total cost savings (benefits) to the applicants/
petitioners is $220,187,510 undiscounted, $187,824,412 discounted at 3-
percent, and $154,650,493 discounted at 7-percent. Much of this total
is expected to be transfers between applicants and the federal
government or between groups of applicants, rather than new, real
resource costs to the U.S. economy. These costs, transfers, and and
cost savings (benefits) are briefly described below in Table 24, and in
more detail in Tables 47 and 48 of the Regulatory Impact Analysis
(RIA).

Table 24--Summary of Proposed Provisions and Impacts
----------------------------------------------------------------------------------------------------------------
Estimated costs or
Proposed provision Description of proposed transfers of proposed Estimated benefits of
change to provision provision proposed provision
----------------------------------------------------------------------------------------------------------------
(a) Secure Mail Initiative.......... USCIS has decided to Quantitative: Quantitative:
implement Signature Applicants-- Applicants--
Confirmation Restricted None. Applicants
Delivery as the sole Qualitative: with unstable
method of delivery of Applicants-- addresses or who move
secure documents for None. often will be much
USCIS. more certain to
receive their
documents.
DHS/USCIS -- Qualitative:
Mailing Applicants--
costs from USPS for None.
Signature DHS/USCIS--
Confirmation Signature
Restricted Delivery Confirmation
confirmation. Restricted Delivery
will verify that the
address information
DHS has for a
particular immigration
benefit request is
accurate.
Reduces the
likelihood of mis-
delivered documents
that could be misused.
(b) Clarify Dishonored Fee Check Re- DHS is proposing that if Quantitative: Quantitative:
presentment Requirement and Fee a check or other Applicants- Applicants--
Payment Method. financial instrument None. None.
used to pay a fee is Qualitative: Qualitative:
returned as unpayable Applicants-- Applicants--
because of insufficient None. None.
funds, USCIS will DHS/USCIS-- DHS/USCIS--
resubmit the payment to The expansion USCIS can
the remitter by USCIS to accept devote more time to
institution one time. credit cards for the adjudicate cases and
In addition, DHS payment of USCIS fees to reduce
proposes that it may has resulted in a rise administrative burdens
reject a request that in the number of and processing errors
is accompanied by a disputes filed with associated with fee
check that is dated credit card companies payments, by
more than 365 days challenging the clarifying the
before the receipt retention of the fee dishonored fee check
date. by USCIS. As credit re-presentment.
DHS is also clarifying card use increases, In the event
that fees are non- this result has the that the bank that
refundable regardless potential to have a issues the credit card
of the result of the significant negative rescinds the payment
immigration benefit fiscal effect on USCIS of the fee to USCIS,
request or how much fee receipts. USCIS reserves the
time the request authority to invoice
requires to be the responsible party
adjudicated. DHS is (applicant,
clarifying that fees petitioner, and
will not be refunded no requestor) for the
matter the result of unpaid fee.
the benefit request or
how much time the
adjudication requires.
(c) Eliminate $30 Returned Check Fee DHS proposes to remove Quantitative: Quantitative:
the $30 charge for Applicants-- Applicants--
dishonored payments. None. $0.33 million
annual cost savings.
Qualitative: Qualitative:
Applicants-- Applicants--
Costs to The current
applicants if they had $30 charge and the
to reapply after potential of having a
rejection for a benefit request
certain immigrant rejected encourage
benefit. applicants to provide
DHS/USCIS-- the correct filing
Could be an fees when submitting
increase in an application or
insufficient payments petition.
by applicants because Applicants who
the $30 fee may serve submit bad checks
as a deterrent for would no longer have
submitting a deficient to pay a fee.
payment. DHS/USCIS--
None.

[[Page 62333]]

(d) Fee waivers..................... DHS proposes to limit Quantitative: Quantitative:
fee waivers to Applicants-- Applicants--
statutorily mandated $360.1 million Cost savings
fee waivers and to annually from of $5.6 million
those applicants who applicable USCIS form annually from
have an annual transfer fees. eliminated opportunity
household income of DHS/USCIS-- cost of time spent
less than 125% of the None. completing the fee
FPG. Additionally, fee waiver request.
waiver applicants DHS/USCIS--
cannot be admitted into None.
the United States
subject to an affidavit
of support under INA
section 213A, 8 U.S.C
1183a and not be
subject to the public
charge inadmissibility
ground under INA
section 212(a)(4), 8
U.S.C. 1182(a)(4).
Qualitative: Qualitative:
Applicants-- Applicants--
Limiting fee None.
waivers may adversely DHS/USCIS--
affect some applicants' Reduce or
ability to apply for eliminate
immigration benefits. administrative costs
DHS/USCIS-- required to maintain
None. training or guidance
necessary to
adjudicate unique fee
waiver requests.
(e) Fee Exemptions.................. DHS proposes to remove Quantitative: Quantitative:
the fee exemptions for Applicants-- Applicants--
an initial request for Costs of $15.9 None.
an employment million annually in
authorization document filing fees to filers
(EAD) for the following of Form I-765 from the
classifications: categories listed in
Citizen of the proposed provision
Micronesia, Marshall no longer exempted.
Islands, or Palau;
Granted
Withholding of
Deportation;
Temporary
Protected Status (TPS)
if filing an initial
TPS application for
individuals under 14
years of age or over 65
years of age.
Applicant for
Asylum and Withholding
of Deportation or
Removal.
(a)................................. Qualitative: Qualitative:
Applicants-- Applicants--
This could The removal of
result in lost wages fee exemptions for
for the workers and these populations may
lost productivity for reduce further
the sponsoring increases of other
employers. The lost fees to pay for these
wages and productivity exemptions.
can be considered as DHS/USCIS--
costs of the forgone DHS notes that
benefits. This may be the continuing to
a very small provide these fee
population, and USCIS exemptions would
believes they will result in the costs of
find some way to pay those fee services
for their EAD filing being transferred to
fee. the fees for other
DHS/USCIS-- forms. Removing the
None. exemptions allows DHS
to recover the costs
of adjudication of
Form I-765 for these
categories from those
who benefit from the
service instead of
other fee payers.
(f) Changes to Biometric Services DHS proposes to Quantitative: Quantitative:
Fee. incorporate the Applicants-- Applicants--
biometric services cost None. EOIR and TPS
into the underlying applicants would save
immigration benefit $16.0 million in cost
request fee instead of savings resulting from
charging a flat $85 a $55 reduction in
biometric services fee. biometrics service
fees per applicant.

[[Page 62334]]

DHS proposes to require Qualitative:
a $30 biometric Applicants--
services fee for TPS Simplifies the
initial applications process to submit
and re-registrations payments.
and EOIR applicants. Could result
Qualitative: in fewer incorrect
Applicants-- payments and
None. therefore, fewer
DHS/USCIS-- rejected applications.
None. Biometric
costs incorporated
into the fee would
actually correspond to
the services used.
DHS/USCIS--
Eliminating
the separate payment
of the biometric
services fee would
decrease the
administrative burden
required to process
both a filing fee and
biometric services fee
for a single benefit
request.
Agency can
assign a biometric
cost to the form fee
that is based on the
appropriate contract
instead of a standard
cost.
(g) Discontinue providing free DHS proposes to require Quantitative: Quantitative:
interim benefits when Forms I-75 separate fees for Forms Applicants-- Applicants--
and I-131 are filed concurrently I-765 and/or I-131 when $329.7 million Not estimated.
with pending Form I-485 or when a filed concurrently with for Forms I-765 and/or
Form I-485 is pending. Form I-485 or with a I-131 concurrently
pending I-485. filed with Form I-485
or while it is
pending.
Qualitative: Qualitative:
Applicants-- Applicants--
None. None.
DHS/USCIS--
The proposed
provision would be to
isolate stand-alone
interim benefit
applicants from those
concurrently filing
Form I-485 allowing
USCIS to more
accurately assessed
fee-paying
percentages, fee-
paying volumes, and
fees for all three
benefit types.
Easier to
administer separate
fees than to determine
if the I-131 or I-765
is supposed to be free
or require a fee
(h) Form I-485 Fee for Children DHS proposes to require Quantitative: Quantitative:
Under 14, Filing with Parent. payment of the full Applicants-- Applicants--
$1,120 proposed fee for Not estimated. Not estimated.
a child under the age Qualitative: Qualitative:
of 14 years when Applicants-- Applicants--
concurrently filing $23.3 million None.
Form I-485 with a from increased USCIS DHS/USCIS--
parent. form fees. Easier to
DHS/USCIS-- administer one single
None. fee for Form I-485
would reduce the
burden of adjudication
and better reflect the
cost of adjudication.
(i) Allow Individuals with Advance DHS proposes to expand Quantitative: Quantitative:
Parole to use Form I-131A, the population eligible Applicants-- None.
Application for Travel Document to use Form I-131A to $4.1 million Qualitative:
(Carrier Documentation) and Expand include requests for for new costs to file Applicants--
the Population Eligible to File replacement advance Form I-131A. The creation
Form I-131A. parole documents Qualitative: of a process for
Applicants-- individuals to replace
None. advance parole cards
DHS/USCIS-- while abroad.
None. DHS/USCIS--
None.

[[Page 62335]]

(j) Separating Form I-129, Petition DHS proposes to separate Quantitative: Quantitative:
for a Nonimmigrant Worker, into the Petition for a Applicants-- Applicants--
Different Forms, and Limit Nonimmigrant Worker, Annual None.
Petitions Where Multiple Form I-129 into several transfer form fees, DHS/USCIS--
Beneficiaries are Permitted to 25 forms with different opportunity costs of None.
Named Beneficiaries per Petition. corresponding fees. DHS time, and multiple
also proposes to impose forms limited to 25
a limit of 25 named named beneficiaries to
beneficiaries per file Form I-129 would
petition where multiple range depending on who
beneficiaries are files the form.
permitted. With the new
requirements some
petitioners will now
be required to file
multiple petitions
because the forms are
limited to only 25
named beneficiaries.
This will require
additional cost for
the petitioners to use
a HR, In-house, or
Outsourced lawyer to
complete the different
I-129 classifications
forms, with different
fees.
HR Specialist--$69.6
million; and In-house
Lawyer--$65.4 million;
or Outsourced Lawyer--
$59.8 million.
DHS/USCIS--
Not estimated.
Qualitative: Qualitative:
Applicants-- Applicants--
None. Separating
DHS/USCIS-- forms would allow
None. applicants to focus on
each form's use and
would reduce the need
to navigate lengthy
instructions that do
not apply to their
petition.
Separating
fees might prevent
future increases in
fees to one petitioner
population that may be
caused by some other
petitioner population
also using that form.
DHS/USCIS--
By splitting
the form and proposing
several different
fees, USCIS believes
it will simplify or
consolidate the
information
requirements for
petitioners and
applicants as well as
better reflect the
cost to adjudicate
each specific
nonimmigrant
classification.
Proposed fees
would be imposed on
the separate form for
each specific
petitioner population
that causes the
adjudication costs;
other petitioners
filing for other
nonimmigrant
classifications would
not be burdened with
costs not associated
with their filings.
Splitting the
form and fees will
allow USCIS to focus
the information
requirements for
petitioners, better
reflect the cost to
adjudicate each
specific nonimmigrant
classification, and
recover the revenue
more directly from
those petitioners who
are receiving the
benefit.
Breaking out
Form I-129 will affect
backlogs only insofar
as updating the fees
enables USCIS to
achieve full cost
recovery and assign
more resources to a
particular
adjudication as needs
and priorities
dictate.
(k) Extend premium processing DHS proposes to change Quantitative: Quantitative:
timeframe from 15 calendar days to the premium processing Applicants-- Applicants--
15 business days. timeframe from 15 Not estimated. Not estimated.
calendar days to 15 Employers could lose
business days. some productivity but
USCIS has no way to
estimate what that
loss may be.

[[Page 62336]]

Qualitative: Qualitative:
Petitioners-- Petitioners--
Increased time Removes
burden and potential petitioner expectation
costs to employers who of 15 calendar day
must plan for processing to allow
additional business for better business
days while waiting for planning.
premium processing. DHS/USCIS--
Applicants may Reduces risk
have to wait longer of failing to complete
for decisions on their premium processing in
cases, from 15 the allotted
calendar days to 15 timeframe, which
business days. results in refunds to
DHS/USCIS-- petitioners and
None. possibly suspension of
the premium processing
service.
Allows USCIS
additional time to
process a petition.
USCIS will avoid
having to issue a
refund and possibly
avoid suspending
premium processing
service.
(l) Creation of Form I-600A/600 DHS proposes to: Quantitative: Quantitative:
Supplement 3, Request for Action on Create a new form, I-600 Applicants-- Applicants--
Approved For I-600A/I-600 and new Supplement 3, Request $0.57 million None.
fee. for Action on an for new form fees. Qualitative:
Approved Form I-600A/I- Qualitative: Applicants--
600, and fee; clarify Applicants-- Improve and
the regulations and None. align the adjudication
align them with current DHS/USCIS-- and approval processes
practice regarding when None. for adoptions from
prospective adoptive countries that are
parents are not party to the Hague
required to pay the Adoption Convention
Form I-600 or Form I- and countries that are
800 filing fee for not.
multiple Form I-600 or Clarify the
Form I-800 petitions; process for applicants
alter the validity who would like to
period for a Form I- request an extension
600A approval in an of Form I-600A/I-600
orphan case from 18 to and/or another type of
15 months to remove approved change to
inconsistencies between their application/
Form I-600A approval petition.
periods and validity of DHS/USCIS--
the FBI fingerprint Standardizes
authorization. USCIS process and
provides for the
ability to collect a
fee.
Improve and
align the USCIS
adjudication and
approval processes for
adoptions of children
from countries that
are party to the Hague
Adoption Convention
and from countries
that are not.
Changing the
validity period to 15
months will make the
Form I-600A approval
periods consistent
with the validity of
FBI biometric related
background checks. The
uniform 15-month
validity period will
also alleviate the
burden on prospective
adoptive parents and
adoption service
providers to monitor
multiple expiration
dates.

[[Page 62337]]

(m) Changes to Genealogy Search and DHS proposes several Quantitative: Quantitative:
Records Requests. changes to the USCIS Applicants-- Applicants--
genealogy program and None. None.
how the agency Qualitative: Qualitative:
processes genealogy Applicants-- Applicants--
requests. DHS proposes None. Genealogy
to expand the use of DHS/USCIS-- search and records
electronic genealogy USCIS may request process
requests; change the still need to mail changes would increase
search request process some records in cases efficiency and
so that USCIS may where requestors who decrease wait times
provide requesters with cannot submit the for requestors.
digital records, if forms electronically DHS/USCIS--
they exist; and change need to submit paper Reduce costs
the genealogy fees. copies of both forms for mailing, records
with required filing processing, and
fees. storage costs because
electronic versions of
records requests would
reduce the
administrative burden
on USCIS.
USCIS would
save $16 to $45 per
index search service
and $26 to $55 for
each textual file
retrieved.
Providing
digital records in
response to a Form G-
1041 request may
reduce the number of
Form G-1041A requests
that would be filed
because there would
already be a copy of
the record if it was
previously digitized.
(n) Remove Reduced Fee for DHS proposes to Quantitative: Quantitative:
Naturalization Applicants Using eliminate the reduced Applicants-- Applicants--
Form I-942, Request for Reduced fee option for Form N- $2.9 million None.
Fee, When Filing Form N-400, 400 that applies to annually in transfer Qualitative:
Application for Naturalization. applicants whose fees to file Form N- Applicants--
documented household 400 for individuals None.
income is greater than who would have DHS/USCIS--
150 percent and not previously requested a Not transfer
more than 200 percent reduced Form N-400 fee form N-400 costs to
of the Federal poverty using Form I-942. other form fees.
level. Qualitative:
Applicants--
None.
DHS/USCIS--
None.
(o) Charge for an initial Form I-765 DHS proposes to require Quantitative: Quantitative:
while an asylum claim is pending. the fee for an initial Applicants-- Applicants--
Application for $93.1 million None.
Employment for applicants who Qualitative:
Authorization, Form I- have applied for Applicants--
765, when asylum asylum or withholding None.
applicants apply for of removal before EOIR DHS/USCIS--
asylum or file an (defensive asylum) or Using LIFO in
Application for Asylum filed Form I-589 fiscal year 2018
and for Withholding of Application for Asylum completed pending
Removal, Form I-589. and for Withholding of cases at an 80 percent
Currently, USCIS Removal with USCIS rate in the first 30
exempts these initial (affirmative asylum), days, and 98 percent
applicants with pending to pay the fee for of pending asylum
asylum applications. initial filings of cases were completed
Form I-765. within 60 days of
DHS/USCIS-- receipt.
None.
(p) Charge a fee for Form I-589, DHS proposes a $50 fee Quantitative: Quantitative:
Application for Asylum and for for Form I-589, Applicants-- Applicants--
Withholding of Removal. Application for Asylum Asylum None.
and for Withholding of applicants would pay Qualitative:
Removal. $5.6 million in filing Applicants--
fee costs for Form I- None.
589. DHS/USCIS--
Qualitative: None.
Applicants--
Some
applicants may not be
able to afford this
fee and would no
longer be able to
apply for asylum.
(q) Charge a fee for Deferred Action DHS proposes a fee for Quantitative: Quantitative:
for Childhood Arrivals (DACA) renewal Deferred Action $75.3 million Applicants--
renewal requestors, Form I-821D. on Childhood Arrivals for renewal None.
(DACA). Form I-821D application Form I- Qualitative:
currently has no fee. 821D transfer fees. Applicants--
DHS does not propose to Qualitative: None.
introduce a fee for Applicants-- DHS/USCIS--
Form I-821D initial None. Costs for
DACA requests because DHS/USCIS-- processing DACA
USCIS does not None. renewal will be
currently accept such recovered from those
requests, except as who receive the
described in preamble benefit rather than
above, or plan to from other fee payers.
accept them in the
future.

[[Page 62338]]

(r) Fee Combining for Form I-881, DHS proposes to combine Quantitative: Quantitative:
Application for Suspension of the current multiple Applicants-- Applicants--
Deportation or Special Rule fees charged for an $0.90 million $0.11 million
Cancellation of Removal (Pursuant individual or family annual costs to apply in cost savings from
to Section 203 of Public Law 105- into a single fee for for suspension of the reduced passport-
100 [NACARA]). each filing of Form I- deportation or special style photos
881, Application for rule cancellation of requirement.
Suspension of removal under NACARA
Deportation or Special using Form I-881.
Rule Cancellation of
Removal (Pursuant to
Section 203 of Pub. L.
105-100, the Nicaraguan
Adjustment and Central
American Relief Act
[NACARA]).
(a)................................. Qualitative: Qualitative:
Applicants-- Applicants--
None. None.
DHS/USCIS-- DHS/USCIS--
None. Combining the
two IEFA fees into a
single fee will
streamline the revenue
collections and
reporting.
USCIS
proposing a single
Form I-881 fee may
help reduce the
administrative burden
on USCIS on the small
workload.
(s) Clarify who must pay a 9-11 DHS proposes to apply Quantitative: Quantitative:
Response and Biometric Entry-Exit the 9-11 Response and Applicants-- Applicants--
Fee for H-1B and L-1.. Biometric Entry-Exit $186.2 million None.
Fee to all covered in transfer fees. Qualitative:
petitions (meaning Qualitative: Applicants--
those meeting the 50 Applicants-- Fee would
employee/50 percent H- None. consistently be
1B or L test), whether DHS/USCIS-- applied to all H-1B or
for new employment or None. L-1 petitions, whether
extension. for new employment or
extension.
DHS/USCIS--
The collected
fees would help
increase the 9-11
Response and Biometric
Entry-Exit fee account
for biometric entry-
exit screening,
deficit reduction, and
other public purposes
funded by general
Treasury revenues.
----------------------------------------------------------------------------------------------------------------

DHS has prepared a full analysis according to Executive Orders
12866 and 13563 which can be found in the docket for this rulemaking or
by searching for RIN 1615-AC18 on www.regulations.gov.

B. Regulatory Flexibility Act

The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended by the Small Business Regulatory Enforcement Fairness Act of
1996, Public Law 104-121 (Mar. 29, 1996), requires Federal agencies to
consider the potential impact of regulations on small entities during
the development of their rules. The term ``small entities'' refers to
small businesses, not-for-profit organizations that are not dominant in
their fields, and governmental jurisdictions with populations of less
than 50,000. An ``individual'' is not defined by the RFA as a small
entity and costs to an individual from a rule are not considered for
RFA purposes. In addition, the courts have held that the RFA requires
an agency to perform an initial regulatory flexibility analysis (IRFA)
of small entity impacts only when a rule directly regulates small
entities. Consequently, any indirect impacts from a rule to a small
entity are not considered as costs for RFA purposes. Below is a summary
of the small entity analysis. A more detailed analysis is available in
the rulemaking docket at http://www.regulations.gov.
Individuals, rather than small entities, submit the majority of
immigration and naturalization benefit applications and petitions. This
rule would affect entities that file and pay fees for certain
immigration benefit requests. Consequently, there are six categories of
USCIS benefits that are subject to a RFA analysis for this proposed
rule: Petition for a Nonimmigrant Worker, Form I-129; Immigrant
Petition for an Alien Worker, Form I-140; Civil Surgeon Designation,
Form I-910; Petition for Amerasian, Widow(er), or Special Immigrant,
Form I-360; Genealogy Forms G-1041 and G-1041A, Index Search and
Records Requests; and the Application for Regional Center Designation
Under the Immigrant Investor Program, Form I-924.
DHS does not believe that the increase in fees proposed in this
rule would have a significant economic impact on a substantial number
of small entities that file Forms I-129, I-140, I-910, or I-360.
However, DHS does not have sufficient data on the revenue collected
through administrative fees by regional centers to definitively
determine the economic impact on small entities that may file Form I-
924. DHS also does not have sufficient data on the requestors that file
genealogy forms, Forms G-1041 and G-1041A, to determine whether such
filings were made by entities or individuals and thus is unable to
determine if the fee increase for genealogy searches is likely to have
a significant economic impact on a substantial number of small
entities. DHS is publishing this initial regulatory flexibility
analysis to aid the public in commenting on the small entity impact of
its proposed adjustment to the USCIS fee schedule. In particular, DHS
requests information and data that would help to further assess the
impact on small entities in the regional centers or on genealogy forms.
Initial Regulatory Flexibility Analysis (IRFA)
1. A description of the reasons why the action by the agency is
being considered.

[[Page 62339]]

DHS proposes to adjust fees USCIS charges for certain immigration
and naturalization benefits. DHS has determined that current fees would
not recover the full costs of services provided. Adjustment to the fee
schedule is necessary to recover costs and maintain adequate service.
2. A succinct statement of the objectives of, and legal basis for,
the proposed rule.
DHS's objectives and legal authority for this proposed rule are
discussed in the preamble of this rule.
3. A description and, where feasible, an estimate of the number of
small entities to which the proposed rule would apply.
Entities affected by this rule are those that file and pay fees for
certain immigration benefit applications and petitions on behalf of a
foreign national. These applications include Form I-129, Petition for a
Nonimmigrant Worker; Form I-140, Immigrant Petition for an Alien
Worker; Form I-910, Civil Surgeon Designation; Form I-360, Petition for
Amerasian, Widow(er), or Special Immigrant; Genealogy Forms G-1041 and
G-1041A, Index Search and Records Requests; and Form I-924, Application
for Regional Center Designation Under the Immigrant Investor Program.
Annual numeric estimates of the small entities impacted by this fee
increase total (in parentheses): Form I-129 (77,571 entities), Form I-
140 (22,165 entities), Form I-910 (428 entities), and Form I-360 (698
entities).\190\ DHS was not able to determine the numbers of regional
centers or genealogy requestors that would be considered small
entities, therefore does not provide numeric estimates for Form I-924
or Forms G-1041 and G-1041A.\191\
---------------------------------------------------------------------------

\190\ Calculation: 90,726 Form I-129 * 85.5 percent = 77,571
small entities; 30,321 Form I-140 * 73.1 percent = 22,165 small
entities; 476 Form I-910 * 90.0 percent = 428 small entities; 760
Form I-360 * 91.9 percent = 698 small entities.
\191\ Small entity estimates are calculated by multiplying the
population (total annual receipts for the USCIS form) by the
percentage of small entities, which are presented in subsequent
sections of this analysis.
---------------------------------------------------------------------------

This rule applies to small entities, including businesses, non-
profit organizations, and governmental jurisdictions filing for the
above benefits. Forms I-129 and I-140, would see a number of industry
clusters impacted by this rule (see Appendix A of the Small Entity
Analysis for a list of impacted industry codes for Forms I-129, I-140,
I-910, and I-360). The fee for civil surgeon designation would apply to
physicians requesting such designation. The fee for Amerasian,
widow(er), or special immigrants would apply to any entity petitioning
on behalf of a religious worker. Finally, the Form I-924 would impact
any entity seeking designation as a regional center under the Immigrant
Investor Program or filing an amendment to an approved regional center
application. Captured in the dataset for Form I-924 is also Form I-
924A, which regional centers must file annually to establish continued
eligibility for regional center designation for each fiscal year.
DHS does not have sufficient data on the requestors for the
genealogy forms, Forms G-1041 and G-1041A, to determine if entities or
individuals submitted these requests. DHS has previously determined
that requests for historical records are usually made by individuals.
If professional genealogists and researchers submitted such requests in
the past, they did not identify themselves as commercial requestors and
thus could not be segregated in the data. Genealogists typically advise
clients on how to submit their own requests. For those that submit
requests on behalf of clients, DHS does not know the extent to which
they can pass along the fee increases to their individual clients.
Therefore, DHS does not currently have sufficient data to definitively
assess the estimate of small entities for these requests.
a. Petition for a Nonimmigrant Worker, Form I-129
DHS proposes to adjust the fee for Petition for a Nonimmigrant
Worker, Form I-129, from $460 to various fees. Currently, employers may
use Form I-129, to petition for H-1B, H-2A, H-2B, H-3, L-1, O-1, O-2,
P-1, P-1S, P-2, P-2S, P-3, P-3S, Q-1, or R-1 nonimmigrant workers. As
applicable, employers also may use Form I-129 to apply for E-1, E-2, E-
3, or TN nonimmigrant status for eligible workers. DHS proposes to
separate the Petition for a Nonimmigrant Worker, Form I-129, into
several forms. These forms would include information from the various
supplemental forms for specific types of workers. DHS proposes
different fees for these new forms. The proposed fees are calculated at
a more detailed level than the current fees.
The current fee for Form I-129 is $460. DHS proposes the following
fees for new Forms I-129 (separated into new forms by worker type):

Form I-129H1, Petition for Nonimmigrant Worker: H-1
Classifications--$560
Form I-129H2A, Petition for Nonimmigrant Worker: H-2A
Classification (Named Beneficiaries)--$860
Form I-129H2B, Petition for Nonimmigrant Worker: H-2B
Classification (Named Beneficiaries)--$725
Form I-129L, Petition for Nonimmigrant Worker: L
Classifications (Named Beneficiaries)--$815
Form I-129O, Petition for Nonimmigrant Worker: O
Classifications--$715
Forms Form I-129CW, Petition for a CNMI-Only Nonimmigrant
Transitional Worker; I-129E&TN, Application for Nonimmigrant Worker: E
and TN Classifications; and I-129MISC, Petition for Nonimmigrant
Worker: H-3, P, Q, or R Classification--$705
Form I-129H2A, Petition for Nonimmigrant Work
Classification: H-2A Classification (Unnamed Beneficiaries)--$425
Form I-129H2B, Petition for Nonimmigrant Worker: H-2B
Classification (Unnamed Beneficiaries)--$395.

For petitioners filing Form I-129 for H-2A and H-2B workers with
only unnamed beneficiaries, DHS proposes a lower fee than the current
filing fee. DHS proposes to increase the fee when filed for all other
worker types. The fee adjustments and percentage increases or decreases
are summarized in Table 25.

Table 25--USCIS Proposed Fees for Separated Forms I-129 for Fiscal Year 2019/2020
----------------------------------------------------------------------------------------------------------------
Difference fee
Immigration benefit request Current fee Proposed fee increase/ Percent
decrease change
----------------------------------------------------------------------------------------------------------------
Form I-129H1--Named Beneficiaries............... $460 $560 $100 22
Form I-129H2A--Named Beneficiaries.............. 460 860 400 87
Form I-129H2A--Unnamed Beneficiaries............ 460 425 -35 -8
Form I-129H2B--Named Beneficiaries.............. 460 725 265 58

[[Page 62340]]

Form I-129H2B--Unnamed Beneficiaries............ 460 395 -65 -14
Form I-129O..................................... 460 715 255 55
Form I-129 L1A/L1B/LZ Blanket................... 460 815 355 77
Forms I-129CW, I-129E&TN, and I-129MISC......... 460 705 245 53
----------------------------------------------------------------------------------------------------------------
Source: USCIS FY 2019/2020 Proposed Fee Schedule (see preamble).

Using a 12-month period of data on the number of Form I-129
petitions filed from October 1, 2016 to September 31, 2017, DHS
collected internal data for each filing organization including the
name, Employer Identification Number (EIN), city, state, zip code, and
number/type of filings. Each entity may make multiple filings. For
instance, there were receipts for 530,442 Form I-129 petitions, but
only 90,726 unique entities that filed those petitions. Since the
filing statistics do not contain information such as the revenue of the
business, DHS used third party sources of data to collect this
information. DHS used a subscription-based, online database--Hoover's--
as well as three open-access databases--Manta, Cortera, and Guidestar--
to help determine an organization's small entity status and then
applied Small Business Administration size standards to the entities
under examination.\192\
---------------------------------------------------------------------------

\192\ U.S. Small Business Administration, Office of Advocacy,
Size Standards Table. Available at https://www.sba.gov/document/support--table-size-standards.
---------------------------------------------------------------------------

The method DHS used to conduct the small entity analysis was based
on a representative sample of the impacted population with respect to
each form. To identify a representative sample, DHS used a standard
statistical formula to determine a minimum sample size of 384 entities,
which included using a 95 percent confidence level and a 5 percent
confidence interval for a population of 90,726 unique entities filing
Form I-129 petitions. Based on previous experience conducting small
entity analyses, DHS expects to find 40 to 50 percent of the filing
organizations in the online subscription and public databases.
Accordingly, DHS selected a sample size that was approximately 69
percent larger than the necessary minimum to allow for non-matches
(filing entities that could not be found in any of the four databases).
Therefore, DHS conducted searches on 650 randomly selected entities
from a population of 90,726 unique entities that filed Form I-129
petitions.
Of the 650 searches for small entities that filed Form I-129
petitions, 473 searches returned a successful match of a filing
entity's name in one of the databases and 177 searches did not match a
filing entity. Based on previous experience conducting regulatory
flexibility analyses, DHS assumes filing entities not found in the
online database are likely to be small entities. As a result, in order
to prevent underestimating the number of small entities this rule would
affect, DHS conservatively considers all of the non-matched entities as
small entities for the purpose of this analysis. Among the 473 matches
for Form I-129, DHS determined 346 to be small entities based on
revenue or employee count and according to their assigned North
American Industry Classification System (NAICS) code. Therefore, DHS
was able to classify 556 of 650 entities as small entities that filed
Form I-129 petitions, including combined non-matches (177), matches
missing data (33), and small entity matches (346). Using the
subscription-based, online databases mentioned above (Hoover's, Manta,
Cortera, and Guidestar), the 33 matches missing data found in the
databases lacked applicable revenue or employee count data.
DHS determined that 556 of 650 (85.5 percent) of the entities
filing Form I-129 petitions were small entities. Furthermore, DHS
determined that 346 of the 650 entities searched were small entities
based on sales revenue data, which were needed to estimate the economic
impact of the proposed rule. Since these 346 small entities were a
subset of the random sample of 650 entity searches, they were
statistically significant in the context of this research. In order to
calculate the economic impact of this rule, DHS estimated the total
costs associated with the proposed fee increase for each entity and
divided that amount by the sales revenue of that entity.\193\ Based on
the proposed fee increases for Form I-129, DHS calculated the average
economic impact on the 346 small entities with revenue data as
summarized in Table 26.
---------------------------------------------------------------------------

\193\ Total Economic Impact to Entity = (Number of Petitions
Submitted per Entity * $X difference in current fee from proposed
fee)/Entity Sales Revenue.

Table 26--Economic Impacts on Small Entities with Revenue Data
------------------------------------------------------------------------
Average
Immigration benefit request Fee increase/ impact
decrease percentage
------------------------------------------------------------------------
Form I-129H1............................ $100 0.16
Form I-129H2A--Named Beneficiaries...... 400 0.65
Form I-129H2A--Unnamed Beneficiaries.... -35 -0.06
Form I-129H2B--Named Beneficiaries...... 265 0.43
Form I-129H2B--Unnamed Beneficiaries.... -65 -0.10
Form I-129L............................. 355 0.57
Form I-129O............................. 255 0.41
Forms I-129CW, I-129E&TN, and I-129MISC. 245 0.40
------------------------------------------------------------------------
Source: USCIS calculation.

[[Page 62341]]

Among the 346 small entities with reported revenue data, each one
would experience an economic impact of less than 2 percent with the
exception of 11 entities for any immigration benefit request using
separate Forms I-129. Depending on the type of immigration benefit
request, the average impact on all 346 small entities with revenue data
ranges from -0.10 to 0.65 percent, as shown in the supporting
comprehensive small entity analysis. Therefore, the average economic
impact on the described 346 small entities is less than 1 percent,
regardless of which newly separate Form I-129 petition is applicable.
As a result, the additional fees this rulemaking proposes do not
represent a significant economic impact on these small entities.
b. Immigrant Petition for an Alien Worker, Form I-140
USCIS proposes to decrease the fee to file Immigrant Petition for
an Alien Worker, Form I-140, from $700 to $545, a decrease of $155 (22
percent). Using a 12-month period of data on the number of Form I-140
petitions filed from October 1, 2016 to September 31, 2017, DHS
collected internal data similar to that of Form I-129. The total number
of Form I-140 petitions was 139,439, with 30,321 unique entities that
filed petitions. DHS used the same databases previously mentioned to
search for information on revenue and employee count.
DHS used the same method as with Form I-129 to conduct the small
entity analysis based on a representative sample of the impacted
population. To identify a representative sample, DHS used a standard
statistical formula to determine a minimum sample size of 383 entities,
which included using a 95 percent confidence level and a 5 percent
confidence interval on a population of 30,321 unique entities for Form
I-140 petitions. Based on previous experience conducting small entity
analyses, DHS expected to find 40 to 50 percent of the filing
organizations in the online subscription and public databases.
Accordingly, DHS selected a sample size that was approximately 44
percent larger than the necessary minimum to allow for non-matches
(filing entities that could not be found in any of the four databases).
Therefore, DHS conducted searches on 550 randomly selected entities
from a population of 30,321 unique entities that filed Form I-140
petitions.
Of the 550 searches for small entities that filed Form I-140
petitions, 480 searches successfully matched the name of the filing
entity to names in the databases and 70 searches did not match the name
of a filing entity. Based on previous experience conducting regulatory
flexibility analyses, DHS assumes filing entities not found in the
online databases are likely to be small entities. As a result, in order
to prevent underestimating the number of small entities this rule would
affect, DHS conservatively considers all of the non-matched entities as
small entities for the purpose of this analysis. Among the 480 matches
for Form I-140, DHS determined 324 to be small entities based on
revenue or employee count and according to their NAICS code. Therefore,
DHS was able to classify 402 of 550 entities as small entities that
filed Form I-140 petitions, including combined non-matches (70),
matches missing data (8), and small entity matches (324). Using the
subscription-based, online databases mentioned above (Hoover's, Manta,
Cortera, and Guidestar), the 8 matches missing data that were found in
the databases lacked applicable revenue or employee count statistics.
DHS determined that 402 out of 550 (73.1 percent) entities filing
Form I-140 petitions were small entities. Furthermore, DHS determined
that 324 of the 550 searched were small entities based on sales revenue
data, which were needed to estimate the economic impact of the proposed
rule. Since these 324 were a small entity subset of the random sample
of 550 entity searches, they were considered statistically significant
in the context of this research. Similar to Form I-129, DHS calculated
the economic impact of this rule on entities that filed Form I-140 by
estimating the total cost savings associated with the proposed fee
decrease for each entity and divided that amount by sales revenue of
that entity.
Among the 324 small entities with reported revenue data, each would
experience an economic impact of less than -2 percent. Using the above
methodology, the greatest economic impact proposed by this fee change
totaled -1.86 percent and the smallest totaled -0.0000001 percent. The
average impact on all 324 small entities with revenue data was -0.07
percent. Because of the fee decrease, these small entities would see a
cost savings per application in filing fees based on petitions. The
negative number represents cost savings to the petitioner. Therefore,
the larger it is, the greater the cost savings for the petitioners. The
average impact on all 324 small entities with revenue data was -0.07
percent. The evidence suggests that the decreased fee proposed by this
rule does not represent a significant economic impact on these
entities.
In addition to the individual Form I-129 and Form I-140 analyses,
USCIS analyzed any cumulative impacts of these form types to determine
if there were any impacts to small entities when analyzed together.
USCIS isolated those entities that overlapped in both samples of Forms
I-129 and I-140 by EIN. Only 1 entity had an EIN that overlapped in
both samples; this was a small entity that submitted 3 Form I-129
petitions and 1 Form I-140 petition. Due to little overlap in entities
in the samples and the relatively minor impacts on revenue of fee
increases of Forms I-129 and I-140, USCIS does not expect the combined
impact of these two forms to be an economically significant burden on a
substantial number of small entities.
c. Civil Surgeon Designation, Form I-910
DHS proposes to decrease the fee for Civil Surgeon Designations,
Form I-910, from $785 to $650, a decrease of $135 (17 percent). Using a
12-month period of data from October 1, 2016 to September 31, 2017, DHS
collected internal data on filings of Form I-910. The total number of
Form I-910 petitions was 757, with 476 unique entities that filed
applications. The third party databases mentioned previously were used
again to search for revenue and employee count information.
Using the same methodology as the Forms I-129 and I-140, USCIS
conducted the small entity analysis based on a representative sample of
the impacted population. To identify a representative sample, DHS used
a standard statistical formula to determine a minimum sample size of
213 entities, which included using a 95 percent confidence level and a
5 percent confidence interval on a population of 476 unique entities
for Form I-910. USCIS conducted searches on 300 randomly selected
entities from a population of 476 unique entities for Form I-910
petitions, a sample size approximately 40 percent larger than the
minimum necessary.
Of the 300 searches for small entities that filed Form I-910
petitions, 266 searches successfully matched the name of the filing
entity to names in the databases and 34 searches did not match the name
of a filing entity. DHS assumes filing entities not found in the online
databases are likely to be small entities. DHS also assumes all of the
non-matched entities as small entities for the purpose of this
analysis. Among the 266 matches for Form I-910, DHS determined 189 to
be small entities based on their revenue or employee count and
according to their NAICS

[[Page 62342]]

code. Therefore, DHS was able to classify 270 of 300 entities as small
entities that filed Form I-910 petitions, including combined non-
matches (34), matches missing data (47), and small entity matches
(189). DHS also used the subscription-based, online databases mentioned
above (Hoover's, Manta, Cortera, and Guidestar), and the 8 matches
missing data that were found in the databases lacked revenue or
employee count statistics.
DHS determined that 270 out of 300 (90 percent) entities filing
Form I-910 applications were small entities. Furthermore, DHS
determined that 189 of the 300 entities searched were small entities
based on sales revenue data, which were needed in order to estimate the
economic impact of the proposed rule. Since these 189 were a small
entity subset of the random sample of 300 entity searches, they were
statistically significant in the context of this research.
Similar to the Forms I-129 and I-140, DHS calculated the economic
impact of this rule on entities that filed Form I-910 by estimating
estimated the total savings associated with the proposed fee decrease
for each entity and divided that amount by sales revenue of that
entity. Among the 189 small entities with reported revenue data, all
experienced an economic impact considerably less than 1.0 percent. The
greatest economic impact imposed by this proposed fee change totaled -
1.350 percent and the smallest totaled -0.001 percent. The average
impact on all 189 small entities with revenue data was -1.104 percent.
The decreased fee will create cost savings for the individual applicant
of $135. The negative number represents cost savings to the applicant.
Therefore, the larger it is, the greater the cost savings for the
applicants. The evidence suggests that the decreased fee proposed by
this rule does not represent a significant economic impact on these
entities.
d. Petition for Amerasian, Widow(er), or Special Immigrant, Form I-360
DHS proposes to increase the fee for foreign religious workers who
file using Form I-360 from $435 to $455, an increase of $20 (5
percent). Using a 12-month period of data on the number of Form I-360
petitions filed from October 1, 2016 to September 31, 2017, DHS
collected internal data on filings of Form I-360 for religious workers.
The total number of Form I-360 petitions was 2,446, with 760 unique
entities that filed petitions. DHS used the same databases mentioned
previously to search for information on revenue and employee count.
DHS used the same method as with Forms I-129 and I-140 to conduct
the small entity analysis based on a representative sample of the
impacted population. To identify a representative sample, DHS used a
standard statistical formula to determine a minimum sample size of 332
entities, which included using with a 95 percent confidence level and a
5 percent confidence interval on a population of 760 unique entities
for Form I-360 petitions. To account for missing organizations in the
online subscription and public databases, DHS selected a sample size
that was approximately 27 percent larger than the necessary minimum to
allow for non-matches (filing entities that could not be found in any
of the four databases). Therefore, DHS conducted searches on 420
randomly selected entities from a population of 760 unique entities
that filed Form I-360 petitions.
Of the 420 searches for small entities that filed Form I-360
petitions, 417 searches successfully matched the name of the filing
entity to names in the databases and 3 searches did not match the name
of the filing entities in the databases. DHS assumes that filing
entities not found in the online databases are likely to be small
entities. As a result, in order to prevent underestimating the number
of small entities this rule would affect, DHS conservatively assumes to
consider all of the non-matched entities as small entities for the
purpose of this analysis. Among the 417 matches for Form I-360, DHS
determined 309 to be small entities based on revenue or employee count
and according to their NAICS code. Therefore, DHS was able to classify
386 of 420 entities as small entities that filed Form I-360 petitions,
including combined non-matches (3), matches missing data (74), and
small entity matches (309). DHS also used the subscription-based,
online databases mentioned above (Hoover's, Manta, Cortera, and
Guidestar), the 74 matches missing data that were found in the
databases lacked revenue or employee count data.
DHS determined that 386 out of 420 (91.9 percent) entities filing
Form I-360 petitions were small entities. Furthermore, DHS determined
that 309 of the 420 searched were small entities based on sales revenue
data, which were needed to estimate the economic impact of the proposed
rule. Since 309 small entities were a subset of the random sample of
420 entity searches, they were statistically significant in the context
of this research.
Similar to other forms analyzed in this RFA, DHS calculated the
economic impact of this rule on entities that filed Form I-360 by
estimating the total costs associated with the proposed fee increase
for each entity. Among the 309 small entities with reported revenue
data, each would experience an economic impact of less than 1.0
percent. The greatest economic impact imposed by this proposed fee
change totaled 0.46 percent and the smallest totaled 0.000002 percent.
The average impact on all 309 small entities with revenue data was 0.02
percent.
DHS also analyzed the proposed costs by this rule on the
petitioning entities relative to the costs of the typical employee's
salary. Guidelines suggested by the SBA Office of Advocacy indicate
that the impact of a rule could be significant if the cost of the
regulation exceeds 5 percent of the labor costs of the entities in the
sector.\194\ According to the Bureau of Labor Statistics (BLS), the
mean annual salary is $53,290 for clergy,\195\ $46,980 for directors of
religious activities and education,\196\ and $35,860 for other
religious workers.\197\ Based on an average of 1.5 religious
workers\198\ petitioned-for per entity, the additional average annual
cost would be $30 per entity.\199\ The additional costs per entity
proposed by this rule represent only 0.06 percent of the average annual
salary for clergy, 0.06 percent of the average annual salary for
directors of religious activities and education, and 0.08 percent of
the average annual salary for all other religious workers.\200\
Therefore, using

[[Page 62343]]

average annual labor cost guidelines, the additional regulatory
compliance costs proposed by this rule are not significant.
---------------------------------------------------------------------------

\194\ Office of Advocacy, Small Business Administration, ``A
Guide for Government Agencies, How to Comply with the Regulatory
Flexibility Act'', page 19: https://www.sba.gov/sites/default/files/advocacy/How-to-Comply-with-the-RFA-WEB.pdf
\195\ Bureau of Labor Statistics, U.S. Department of Labor,
``Occupational Employment Statistics, May 2018, ``Clergy'': https://www.bls.gov/oes/2018/may/oes212011.htm (viewed September 24, 2019).
\196\ Bureau of Labor Statistics, U.S. Department of Labor,
``Occupational Employment Statistics, May 2018, ``Directors of
Religious Activities and Education'': https://www.bls.gov/oes/2018/may/oes212099.htm (viewed September 24, 2019).
\197\ Bureau of Labor Statistics, U.S. Department of Labor,
``Occupational Employment Statistics, May 2018, ``Religious Workers,
All Other'': https://www.bls.gov/oes/2018/may/oes212099.htm (viewed
September 24, 2019).
\198\ USCIS calculated the average filing per entity of 1.5
petitions, from the Form I-360 Sample with Petition Totals in
Appendix E, of the Small Entity Analysis for the U.S. Citizenship
and Immigration Services Fee Schedule NPRM. Calculation: (total
number of petitions from each sample id)/(total number of sample
Form I-360 petitions) = 618/420 = 1.5 average petitions filed per
entity.
\199\ Calculation: 1.5 average petitions per entity * $20
increase in petition fees = $30 additional total cost per entity.
\200\ Calculation: $30 per entity/$53,290 clergy salary x 100 =
.06 percent;
$30 per entity/$46,980 directors of religious activities and
education x 100 = .06 percent;
$30 per entity/$35,860 other religious workers x 100 = .08
percent.
---------------------------------------------------------------------------

e. Genealogy Requests--Genealogy Index Search Request Form G-1041 and
Genealogy Record Request, Form G-1041A
DHS proposes fee increases to file both types of genealogy
requests: Form G-1041, Genealogy Index Search Request and Form G-1041A,
Genealogy Record Request. The fee to file Form G-1041 would increase
from $65 to $240, an increase of $175 (269 percent increase). The fee
for Form G-1041A would increase from $65 to $385, an increase of $320
(492 percent). Based on DHS records for calendar years 2013 to 2017,
there was an annual average of 3,840 genealogy index search requests
made using Form G-1041 and there was an annual average of 2,152
genealogy records requests made using Form G-1041A. DHS does not have
sufficient data on the requestors for the genealogy forms to determine
if entities or individuals submitted these requests.
DHS has previously determined that individuals usually make
requests for historical records.\201\ If professional genealogists and
researchers submitted such requests in the past, they did not identify
themselves as commercial requestors and, therefore, DHS could not
separate these data from the dataset. Genealogists typically advise
clients on how to submit their own requests. For those that submit
requests on behalf of clients, DHS does not know the extent to which
they can pass along the fee increases to their individual clients.
Therefore, DHS currently does not have sufficient data to definitively
assess the impact on small entities for these requests.
---------------------------------------------------------------------------

\201\ See ``Establishment of a Genealogy Program; Proposed
Rule,''71 FR 20357 (April 20, 2006). Available at: https://www.regulations.gov/document?D=USCIS-2006-0013-0001.
---------------------------------------------------------------------------

However, DHS must still recover the full costs of this program. As
stated in the preamble to this proposed rule, reducing the filing fee
for any one benefit request submitted to DHS simply transfers the
additional cost to process this request to other immigration and
naturalization filing fees.
For this proposed fee rule, DHS proposes to expand the use of
electronic genealogy requests to encourage requesters to use the
electronic versions of Form G-1041 and Form G-1041A. DHS also proposes
to change the search request process so that USCIS may provide
requesters with electronic records, if they exist, in response to the
initial index request. These proposed changes may reduce the time it
takes to request and receive genealogy records and, in some cases, it
would eliminate the need to make multiple search requests and submit
separate fees. Moreover, DHS notes that providing digital records in
response to a Form G-1041 request may reduce the number of Form G-1041A
requests that would be filed because there would already be a copy of
the record if it was previously digitized. As a result, the volume of
Form G-1041A requests USCIS receives may decrease, though DHS is unable
to estimate by how much. DHS requests comments from the public on the
impacts to small entities of the proposed fee increases to the
genealogy forms.
f. Regional Center Under the Immigrant Investor Program, Form I-924 and
I-924A
As part of the Immigration Act of 1990, Public Law 101-649, 104
Stat. 4978, Congress established the EB-5 immigrant visa classification
to incentivize employment creation in the United States. Under the EB-5
program, lawful permanent resident (LPR) status is available to foreign
nationals who invest the required amount in a new commercial enterprise
that will create at least 10 full-time jobs in the United States. See
INA sec. 203(b)(5), 8 U.S.C. 1153(b)(5). A foreign national may also
invest a lower amount in a targeted employment area defined to include
rural areas and areas of high unemployment. Id.; 8 CFR 204.6(f). The
INA allots 9,940 immigrant visas each fiscal year for foreign nationals
seeking to enter the United States under the EB-5 classification.\202\
See INA sec. 201(d), 8 U.S.C. 1151(d); INA sec. 203(b)(5), 8 U.S.C.
1153(b)(5). Not less than 3,000 of these visas must be reserved for
foreign nationals investing in targeted employment areas. See INA sec.
203(b)(5)(B), 8 U.S.C. 1153(b)(5)(B).
---------------------------------------------------------------------------

\202\ An immigrant investor, his or her spouse, and children (if
any) will each use a separate visa number.
---------------------------------------------------------------------------

Enacted in 1992, section 610 of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies Appropriations
Act, 1993, Public Law 102-395, 106 Stat. 1828, established a pilot
program that requires the allocation of a limited number of EB-5
immigrant visas to individuals who invest through DHS-designated
regional centers.\203\ Under the Regional Center Program, foreign
nationals base their EB-5 petitions on investments in new commercial
enterprises located within USCIS-designated ``regional centers.'' DHS
regulations define a regional center as an economic unit, public or
private, that promotes economic growth, including increased export
sales, improved regional productivity, job creation, and increased
domestic capital investment. See 8 CFR 204.6(e). While all EB-5
petitioners go through the same petition process, those petitioners
participating in the Regional Center Program may meet statutory job
creation requirements based on economic projections of either direct or
indirect job creation, rather than only on jobs directly created by the
new commercial enterprise. See 8 CFR 204.6(j)(4)(iii), (m)(3). As of
August 12, 2019, there were 826 USCIS-approved regional centers.\204\
Requests for regional center designation must be filed with USCIS on
Form I-924, Application for Regional Center Designation Under the
Immigrant Investor Program. See 8 CFR 204.6(m)(3)-(4). Once designated,
regional centers must provide USCIS with updated information to
demonstrate continued eligibility for the designation by submitting a
Form I-924A, Annual Certification of Regional Center, on an annual
basis or as otherwise requested. See 8 CFR 204.6(m)(6)(i)(B).
---------------------------------------------------------------------------

\203\ Current law requires that DHS annually set aside 3,000 EB-
5 immigrant visas for regional center investors. Public Law 105-119,
sec. 116, 111 Stat. 2440 (Nov. 26, 1997). If this full annual
allocation is not used, remaining visas may be allocated to foreign
nationals who do not invest in regional centers.
\204\ USCIS Immigrant Investor Regional Centers: https://www.uscis.gov/working-united-states/permanent-workers/employment-based-immigration-fifth-preference-eb-5/immigrant-investor-regional-centers (last reviewed/updated Aug. 20, 2019).
---------------------------------------------------------------------------

DHS proposes no adjustment to the fee for the Application for
Regional Center Designation Under the Immigrant Investor Program, Form
I-924. The current fee to file Form I-924 is $17,795. However, DHS is
proposing to increase the fee for the Annual Certification of Regional
Center, Form I-924A, from $3,035 to $4,470 per filing, an increase of
$1,435 (47 percent). Using a 12-month period of data on the number of
Forms I-924 and I-924A from October 1, 2016 to September 31, 2017, DHS
collected internal data on these forms. DHS received a total of 280
Form I-924 applications and 847 Form I-924A applications.
Regional centers are difficult to assess because there is a lack of
official data on employment, income, and industry classification for
these entities. It is difficult to determine the small entity status of
regional centers without such data. Such a determination is also
difficult because regional centers can be structured in a variety of
different ways

[[Page 62344]]

and can involve multiple business and financial activities, some of
which may play a direct or indirect role in linking investor funds to
new commercial enterprises and job-creating projects or entities. The
information provided by regional centers as part of the Forms I-924 and
I-924A does not include adequate data to allow DHS to reliably identify
the small entity status of individual applicants. Although regional
center applicants typically report the NAICS codes associated with the
sectors they plan to direct investor funds toward, these codes do not
necessarily apply to the regional centers themselves. In addition,
information provided to DHS concerning regional centers generally does
not include regional center revenues or employment.
DHS was able to obtain some information under some specific
assumptions in an attempt to analyze the small entity status of
regional centers.\205\ In the DHS final rule ``EB-5 Immigrant Investor
Program Modernization,'' DHS analyzed estimated administrative fees and
revenue amounts for regional centers. DHS found both the mean and
median for administrative fees to be $50,000 and the median revenue
amount to be $1,250,000 over the period fiscal years 2014 to 2017. DHS
does not know the extent to which these regional centers can pass along
the fee increases to the individual investors. Passing along the costs
from this rule could reduce or eliminate the economic impacts to the
regional centers. While DHS cannot definitively claim there is no
significant economic impact to these small entities based on existing
information, DHS would assume existing regional centers with revenues
equal to or less than $447,000 per year (some of which DHS assumes
would be derived from administrative fees charged to individual
investors) could experience a significant economic impact. If DHS
assumes a fee increase that represents 1 percent of annual revenue is a
``significant'' economic burden under the RFA.\206\ DHS welcomes
comments from the public on the impacts to small entities of the
proposed fee increases to Form I-924A and requests information from the
public on data sources on the average revenues collected by regional
centers in the form of administrative fees and the extent to which
regional centers may pass along the fee increases to the individual
investors.
---------------------------------------------------------------------------

\205\ The methodology used to analyze the small entity status of
regional centers is explained in further detail in Section D of the
RFA section within DHS final rule ``EB-5 Immigrant Investor Program
Modernization,'' available at 84 FR 35750.
\206\ Calculation: 1 percent of $447,000 = $4,470 (the new fee
for Form I-924A).
---------------------------------------------------------------------------

g. Other Possible Fee Scenarios
As discussed earlier in the preamble, the fees that DHS proposes
may change in a final rule based on policy decisions, in response to
public comments, intervening legislation, and other changes. Other than
fee adjustments made in response to public comments and policy
modifications, DHS notes that the fee adjustments in a final rule
depend on two factors beyond its control. As previously described in
the preamble, this rule includes proposed DACA fees associated with
Form I-821D. However, DHS is currently operating under two nationwide
preliminary injunctions to maintain the DACA policy. Additionally, the
proposed fees are based on IEFA funding $207.6 million of ICE expenses.
If DHS does not obtain relief from the DACA preliminary injunctions,
Congress rejects the proposal to fund these ICE expenses with IEFA
funding, or DHS does not ultimately shift the aforementioned ICE costs
from annual appropriations to the IEFA, then fees for most of the forms
analyzed in this IRFA would also change.
Table 27 shows the current and proposed fees for the forms analyzed
in this IRFA according to each fee schedule scenario based on the two
factors mentioned above. Scenario A refers to the proposed fees
described in detail throughout this rule. Scenario B includes DACA
fees, but excludes the ICE transfer. Scenario C excludes DACA fees, but
includes the ICE transfer. Scenario D excludes both DACA fees and the
ICE transfer. Scenario E and F includes separate initial and renewal
fees for DACA fees; scenario E includes the ICE transfer, but F
excludes the ICE transfer.

Table 28--Proposed Fee Schedule by Scenario With Forms Affecting Small Entities, Initial Regulatory Flexibility
Analysis
----------------------------------------------------------------------------------------------------------------
Current
Immigration benefit request fee Scenario A Scenario B Scenario C Scenario D Scenario E Scenario F
----------------------------------------------------------------------------------------------------------------
I-129 Petition for a $460 $N/A $N/A $N/A $N/A $N/A $N/A
Nonimmigrant worker........
I-129H1................. 460 560 535 585 555 550 520
I-129H2A--Named 460 860 840 870 850 810 790
Beneficiaries..........
I-129H2B--Named 460 725 700 735 710 705 685
Beneficiaries..........
I-129L.................. 460 815 795 830 805 790 770
I-129O.................. 460 715 690 725 705 695 670
I-129CW, I-129E&TN, and 460 705 685 720 695 680 660
I-129MISC..............
I-129H2A--Unnamed 460 425 400 440 410 405 385
Beneficiaries..........
I-129H2B--Unnamed 460 395 370 410 385 390 365
Beneficiaries..........
I-140 Immigrant Petition for 700 545 520 580 555 545 520
Alien Worker...............
I-360 Petition for Amerasian 435 455 435 475 450 455 430
Widow(er) or Special
Immigrant..................
I-910 Application for Civil 785 650 625 660 635 650 625
Surgeon Designation........
I-924 Application for 17,795 17,795 17,795 17,795 17,795 17,795 17,795
Regional Center Designation
Under the Immigrant
Investor Program...........
I-924A Annual Certification 3,035 4,470 4,470 4,465 4,460 4,465 4,465
of Regional Center.........
G-1041 Genealogy Index 65 240 240 240 240 240 240
Search Request.............
G-1041A Genealogy Records 65 385 385 385 385 385 385
Request....................
----------------------------------------------------------------------------------------------------------------
Source: USCIS analysis.

[[Page 62345]]

Further, tables 28 and 29 show the estimated economic impact on
small entities based on the fee schedule proposed for each of the fee
scenarios. DHS followed the same method as previously described in this
IRFA to estimate the economic impact on small entities for each fee
scenario, A--F.

Table 29--Estimated Economic Impact on Small Entities for Proposed Fee Schedule by Scenario (A-D), RFA Initial Regulatory Flexibility Analysis
--------------------------------------------------------------------------------------------------------------------------------------------------------
Scenario A Scenario B Scenario C Scenario D
-----------------------------------------------------------------------------------------------
Increase/ Increase/ Increase/ Increase/
Immigration benefit request decrease Average decrease Average decrease Average decrease Average
from economic from economic from economic from economic
current impact current impact current impact current impact
fee percent fee percent fee percent fee percent
--------------------------------------------------------------------------------------------------------------------------------------------------------
I-129 Petition for a Nonimmigrant worker................ N/A N/A N/A N/A N/A N/A N/A N/A
I-129H1B............................................ $100 0.22 $75 0.16 $125 0.27 $95 0.21
I-129H2A--Named Beneficiaries....................... 400 0.87 380 0.83 410 0.89 390 0.85
I-129H2B--Named Beneficiaries....................... 265 0.58 240 0.52 275 0.60 250 0.54
I-129L.............................................. 355 0.77 335 0.73 370 0.80 345 0.75
I-129O.............................................. 255 0.55 230 0.50 265 0.58 245 0.53
Form I-129CW, I-129E&TN, and I-129MISC.............. 245 0.53 225 0.49 260 0.57 235 0.51
I-129H2A--Unnamed Beneficiaries..................... -35 -0.08 -60 -0.13 -20 -0.043 -50 -0.11
I-129H2B--Unnamed Beneficiaries..................... -65 -0.14 -90 -020 -50 -0.11 -75 -0.16
I-140 Immigrant Petition for Alien Worker............... -155 -0.221 -180 -0.257 -120 -0.171 -145 -0.207
I-360 Petition for Amerasian Widow(er) or Special 20 0.05 0 N/A 40 0.0919 15 0.034
Immigrant..............................................
I-910 Application for Civil Surgeon Designation......... -135 -0.17 -160 -0.20 -125 -0.16 -150 -0.19
I-924 Application For Regional Center Designation Under 0 N/A 0 N/A 0 N/A 0 N/A
the Immigrant Investor Program.........................
I-924A Annual Certification of Regional Center.......... 1,435 0.47 1,435 0.47 1,430 0.47 1,425 0.47
G-1041 Genealogy Index Search Request................... 175 2.69 175 2.69 175 2.69 175 2.69
G-1041A Genealogy Records Request....................... 320 4.92 320 4.92 320 4.92 320 4.92
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source: USCIS analysis.
Calculation: Increase or Decrease Fee Amount per Scenario/Current Fee Amount = Average Economic Impact Percent

Table 30--Estimated Economic Impact on Small Entities for Proposed Fee Schedule by Scenario (E-F), Initial
Regulatory Flexibility Analysis
----------------------------------------------------------------------------------------------------------------
Scenario E Scenario F
---------------------------------------------------------------
Average Average
Immigration benefit request Increase/ economic Increase/ economic
decrease from impact decrease from impact
current fee percent current fee percent
----------------------------------------------------------------------------------------------------------------
I-129 Petition for a Nonimmigrant worker........ N/A N/A N/A N/A
I-129H1B.................................... $90 0.19 $60 0.13
I-129H2A--Named Beneficiaries............... 350 0.76 330 0.72
I-129H2B--Named Beneficiaries............... 245 0.53 225 0.49
I-129L...................................... 330 0.72 310 0.67
I-129O...................................... 235 0.51 210 0.46
Form I-129CW, I-129E&TN, and I-129MISC...... 220 0.48 200 0.43
I-129H2A--Unnamed Beneficiaries............. (55) -0.12 (75) -0.16
I-129H2B--Unnamed Beneficiaries............. (70) -0.15 (95) -0.21
I-140 Immigrant Petition for Alien Worker....... (155) -0.221 (180) -257
I-360 Petition for Amerasian Widow(er) or 20 0.05 (5) 0.01
Special Immigrant..............................
I-910 Application for Civil Surgeon Designation. (135) -0.17 (160) -0.20
I-924 Application for Regional Center 0 0 0 0
Designation Under the Immigrant Investor
Program........................................
I-924A Annual Certification of Regional Center.. 1,430 0.47 1,430 0.47
G-1041 Genealogy Index Search Request........... 175 2.69 175 2.69
G-1041A Genealogy Records Request............... 320 4.92 320 4.92
----------------------------------------------------------------------------------------------------------------
Source: USCIS analysis.
Calculation: Increase or Decrease Fee Amount per Scenario/Current Fee Amount = Average Economic Impact Percent

To reduce the uncertainty that such conditions present to the
affected public, USCIS proposes and evaluates six fee scenarios based
on these three factors. Each scenario lays out what the fees would be
if certain conditions materialize and present a range of fees. Thus,
the final fees may be one of the scenarios presented, or an amount in
between the highest and lowest fees proposed. Scenario A refers to the
proposed fees described in detail throughout this proposed rule.
Scenario B includes DACA renewal fees, but it excludes the ICE
transfer. Scenario C excludes DACA fees, but it includes the ICE
transfer. Scenario D excludes both DACA fees and the ICE transfer.
Scenarios E and F list separate initial and renewal fees for DACA, with
or without the ICE transfer. Table 20 lists the assumptions and effects
of these three factors on each fee scenario. The preamble has more
detail on each scenario, regarding proposed fee changes, budgets, and
transfers.

[[Page 62346]]

Furthermore, tables 28 and 29 show the estimated economic impact on
small entities based on the fee schedule proposed for each of the fee
scenarios. DHS followed the same method as previously described in this
IRFA to estimate the economic impact on small entities for each fee
scenario. The tables illustrate each scenario with an increased/
decreased form fee and average economic impact, for each immigration
benefit request. The results show the decreased form fees in
parenthesis produce a negative average economic impact, in scenarios A-
F. This would indicate across all scenarios, the economic impact from
the decreased fee would create cost savings and/or higher revenues for
the individual applicant or petitioner. The negative number represents
cost savings to the applicant/petitioner. Therefore, the larger it is
the greater the cost savings for the applicants/petitioners. The
evidence suggests that the increased/decreased fees proposed by this
rule does not represent a significant economic impact on these
entities.
4. A description of the projected reporting, recordkeeping, and
other compliance requirements of the proposed rule, including an
estimate of the classes of small entities that will be subject to the
requirement and the types of professional skills necessary for
preparation of the report or record.
The proposed rule does not directly impose any new or additional
``reporting'' or ``recordkeeping'' requirements on filers of Forms I-
129, I-140, I-910, I-360, G-1041, G-1041A, I-924, or I-924A. The
proposed rule does not require any new professional skills for
reporting.
5. An identification, to the extent practical, of all relevant
federal rules that may duplicate, overlap, or conflict with the
proposed rule.
DHS is unaware of any duplicative, overlapping, or conflicting
Federal rules, but invites any comment and information regarding any
such rules.
6. Description of any significant alternatives to the proposed rule
that accomplish the stated objectives of applicable statutes and that
minimize any significant economic impact of the proposed rule on small
entities, including alternatives considered such as:
(1) Establishment of differing compliance or reporting requirements
or timetables that take into account the resources available to small
entities;
(2) Clarification, consolidation, or simplification of compliance
and reporting requirements under the rule for such small entities;
(3) Use of performance rather than design standards; and
(4) Any exemption from coverage of the rule, or any part thereof,
for such small entities.
The 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 services provided without charge to
asylum applicants and certain other immigrant applicants. In addition,
DHS must fund the costs of providing services without charge by using a
portion of the filing fees that are collected for other immigration
benefits. Without an adjustment in fees, USCIS would not be able to
sustain the current level of service for immigration and naturalization
benefits. While most immigration benefit fees apply to individuals, as
described above, some also apply to small entities. USCIS seeks to
minimize the impact on all parties, but in particular small entities.
An alternative to the increased economic burden of the proposed rule is
to maintain fees at their current level for small entities. The
strength of this alternative is that it assures no additional fee-
burden is placed on small entities; however, this alternative also
would cause negative impacts to small entities.
Without the fee adjustments proposed in this rule, significant
operational changes would be necessary. Given current filing volume and
other economic considerations, additional revenue is necessary to
prevent immediate and significant cuts in planned spending. These
spending cuts would include reductions in areas such as federal and
contract staff, infrastructure spending on information technology and
facilities, travel, and training. Depending on the actual level of
workload received, these operational changes would result in longer
application processing times, a degradation in service to applicants
and petitioners, and reduced efficiency over time. These cuts would
ultimately represent increased costs to small entities by causing
delays in benefit processing and reduced support service. Tables 29 and
30 show the estimated economic impact on small entities based on each
of the fee scenarios considered. The tables illustrate an increase/
decrease in fee and average economic impact for each immigration
benefit request in each scenario. The decreased form fees shown in
parentheses produce negative average economic impacts in scenarios A-F.
This indicates that the economic impacts from the decreased fees would
create cost savings for individual applicants and petitioners. The
evidence suggests that the decreased fees proposed by this rule do not
represent a significant economic impact on these entities.
7. Questions for Comment to Assist Regulatory Flexibility Analysis
Please provide comment on the numbers of small entities
that may be impacted by this rulemaking.
Please provide comment on any or all of the provisions in
the proposed rule with regard to the economic impact of this rule,
paying specific attention to the effect of the rule on small entities
in light of the above analysis, as well as the full small entity
analysis on regulations.gov.
Please provide comment on any significant alternatives DHS
should consider in lieu of the changes proposed by this rule.
Please describe ways in which the rule could be modified
to reduce burdens for small entities consistent with the Immigration
and Nationality Act and the Chief Financial Officers Act requirements.
Please identify all relevant Federal, State or local rules
that may duplicate, overlap or conflict with the proposed rule.

C. Unfunded Mandates Reform Act

The Unfunded Mandates Reform Act of 1995 (UMRA) is intended, among
other things, to curb the practice of imposing unfunded Federal
mandates on State, local, and tribal governments. Title II of UMRA
requires each Federal agency to prepare a written statement assessing
the effects of any Federal mandate in a proposed or final agency rule
that may result in a $100 million or more expenditure (adjusted
annually for inflation) in any one year by State, local, and tribal
governments, in the aggregate, or by the private sector. The value
equivalent of $100 million in 1995 adjusted for inflation to 2018
levels by the Consumer Price Index for All Urban Consumers (CPI-U) is
$165 million. While this rule may result in the expenditure of more
than $100 million by the private sector annually, the rulemaking is not
a ``Federal mandate'' as defined for UMRA purposes.\207\ The payment of
immigration benefit fees by individuals or other private sector
entities is, to the extent it could be termed an enforceable duty, one
that arises from participation in a voluntary Federal program, applying
for immigration status in the United States.\208\ Therefore, no actions
were

[[Page 62347]]

deemed necessary under the provisions of the UMRA.
---------------------------------------------------------------------------

\207\ See 2 U.S.C. 658(6).
\208\ See 2 U.S.C. 658(7)(A)(ii).
---------------------------------------------------------------------------

D. Congressional Review Act

This proposed rule is a major rule as defined by 5 U.S.C. 804, also
known as the Congressional Review Act, as enacted in section 251 of the
Small Business Regulatory Enforcement Fairness Act of 1996, Public Law
104- 121, 110 Stat. 847, 868 et seq. Accordingly, this rule, if enacted
as a final rule, would be effective at least 60 days after the date on
which Congress receives a report submitted by DHS under the
Congressional Review Act, or 60 days after the final rule's
publication, whichever is later.

E. Executive Order 13132 (Federalism)

This proposed rule would 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, it is determined that this proposed rule does
not have sufficient federalism implications to warrant the preparation
of a federalism summary impact statement.

F. Executive Order 12988 (Civil Justice Reform)

This proposed rule meets the applicable standards set forth in
sections 3(a) and 3(b)(2) of Executive Order 12988.

G. Paperwork Reduction Act

Under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-12, DHS
must submit to OMB, for review and approval, any reporting requirements
inherent in a rule, unless they are exempt. The Information Collection.
table below shows the summary of forms that are part of this
rulemaking.

Table 30--Information Collection
----------------------------------------------------------------------------------------------------------------
Type of information
OMB No. Form No. Form name collection
----------------------------------------------------------------------------------------------------------------
1615-0105.................... G-28......................... Notice of Entry of No material or non-
Appearance as Attorney substantive change to a
or Accredited currently approved
Representative. collection.
1615-0096.................... G-1041....................... Genealogy Index Search No material or non-
Request. substantive change to a
currently approved
collection.
G-1041A...................... Genealogy Records ........................
Request (For each
microfilm or hard copy
file).
1615-0079.................... I-102........................ Application for No material or non-
Replacement/Initial substantive change to a
Nonimmigrant Arrival- currently approved
Departure Document. collection.
1615-0111.................... I-129CW...................... Petition for a CNMI-Only No material or non-
Nonimmigrant substantive change to a
Transitional Worker. currently approved
collection.
1615-XXXX.................... I-129E&TN.................... Application for New Collection.
Nonimmigrant Worker: E
and TN Classifications.
1615-0001.................... I-129F....................... Petition for Alien No material or non-
Fianc[eacute](e). substantive change to a
currently approved
collection.
1615-0009.................... I-129H1...................... Petition for Revision of a Currently
Nonimmigrant Worker: H- Approved Collection.
1 Classifications.
1615-XXXX.................... I-129H2A..................... Petition for New Collection.
Nonimmigrant Worker: H-
2A Classification.
1615-XXXX.................... I-129H2B..................... Petition for New Collection.
Nonimmigrant Worker: H-
2B Classification.
1615-XXXX.................... I-129L....................... Petition for New Collection.
Nonimmigrant Worker: L
Classifications.
1615-XXXX.................... I-129MISC.................... Petition for New Collection.
Nonimmigrant Worker: H-
3, P, Q, or R
Classifications.
1615-XXXX.................... I-129O....................... Petition for New Collection.
Nonimmigrant Worker: O
Classifications.
1615-0012.................... I-130........................ Petition for Alien No material or non-
Relative. substantive change to a
currently approved
collection.
I-130A....................... Supplemental Information
for Spouse Beneficiary.
1615-0013.................... I-131........................ Application for Travel Revision of a Currently
Document. Approved Collection.
1615-0135.................... I-131A....................... Application for Travel Revision of a Currently
Document (Carrier Approved Collection.
Documentation).
1615-0015.................... I-140........................ Immigrant Petition for No material or non-
Alien Worker. substantive change to a
currently approved
collection.
1615-0016.................... I-191........................ Application for Relief No material or non-
Under Former Section substantive change to a
212(c) of the currently approved
Immigration and collection.
Nationality Act (INA).
1615-0017.................... I-192........................ Application for Advance No material or non-
Permission to Enter as substantive change to a
Nonimmigrant. currently approved
collection.
1615-0018.................... I-212........................ Application for No material or non-
Permission to Reapply substantive change to a
for Admission Into the currently approved
United States After collection.
Deportation or Removal.
1615-0095.................... I-290B....................... Notice of Appeal or No material or non-
Motion. substantive change to a
currently approved
collection.
1615-0020.................... I-360........................ Petition for Amerasian, No material or non-
Widow(er), or Special substantive change to a
Immigrant. currently approved
collection.
1615-0023.................... I-485........................ Application to Register No material or non-
Permanent Residence or substantive change to a
Adjust Status. currently approved
collection.
I-485A....................... Supplement A to Form I- ........................
485, Adjustment of
Status Under Section
245(i).
I-485J....................... Confirmation of Bona ........................
Fide Job Offer or
Request for Job
Portability Under INA
Section 204(j).
1615-0026.................... I-526........................ Immigrant Petition by No material or non-
Alien Entrepreneur. substantive change to a
currently approved
collection.

[[Page 62348]]

1615-0003.................... I-539........................ Application to Extend/ No material or non-
Change Nonimmigrant substantive change to a
Status. currently approved
collection.
1615-0067.................... I-589........................ Application for Asylum Revision of a Currently
and for Withholding of Approved Collection.
Removal.
1615-0028.................... I-600........................ Petition to Classify Revision of a Currently
Orphan as an Immediate Approved Collection.
Relative.
I-600A....................... Application for Advance ........................
Processing of an Orphan
Petition.
I-600/A SUPP1................ Form I-600A/I-600 ........................
Supplement 1, Listing
of Adult Member of the
Household.
I-600/A SUPP2................ Form I-600A/I-600 ........................
Supplement 2, Consent
to Disclose Information.
I-600/A SUPP3................ Form I-600A/I-600 ........................
Supplement 3, Request
for Action on Approved
Form I-600A/I-600.
1615-0029.................... I-601........................ Application for Waiver No material or non-
of Grounds of substantive change to a
Inadmissibility. currently approved
collection.
1615-0123.................... I-601A....................... Application for No material or non-
Provisional Unlawful substantive change to a
Presence Waiver. currently approved
collection.
1615-0030.................... I-612........................ Application for Waiver No material or non-
of the Foreign substantive change to a
Residence Requirement currently approved
(Under Section 212(e) collection.
of the INA, as Amended).
1615-0032.................... I-690........................ Application for Waiver No material or non-
of Grounds of substantive change to a
Inadmissibility. currently approved
collection.
1615-0034.................... I-694........................ Notice of Appeal of No material or non-
Decision Under Sections substantive change to a
245A or 210 of the currently approved
Immigration and collection.
Nationality Act.
1615-0035.................... I-698........................ Application to Adjust No material or non-
Status From Temporary substantive change to a
to Permanent Resident currently approved
(Under Section 245A of collection.
the INA).
1615-0038.................... I-751........................ Petition to Remove No material or non-
Conditions on Residence. substantive change to a
currently approved
collection.
1615-0040.................... I-765........................ Application for Revision of a Currently
Employment Approved Collection.
Authorization.
1615-0005.................... I-817........................ Application for Family No material or non-
Unity Benefits. substantive change to a
currently approved
collection.
1615-0043.................... I-821........................ Application for No material or non-
Temporary Protected substantive change to a
Status. currently approved
collection.
1615-0124.................... I-821D....................... Consideration of Revision of a Currently
Deferred Action for Approved Collection.
Childhood Arrivals.
1615-0044.................... I-824........................ Application for Action No material or non-
on an Approved substantive change to a
Application or Petition. currently approved
collection.
1615-0045.................... I-829........................ Petition by Entrepreneur No material or non-
to Remove Conditions on substantive change to a
Permanent Resident currently approved
Status. collection.
1615-0072.................... I-881........................ Application for No material or non-
Suspension of substantive change to a
Deportation or Special currently approved
Rule Cancellation of collection.
Removal.
1615-0082.................... I-90......................... Application to Replace No material or non-
Permanent Resident Card. substantive change to a
currently approved
collection.
1615-0048.................... I-907........................ Request for Premium No material or non-
Processing Service. substantive change to a
currently approved
collection.
1615-0114.................... I-910........................ Application for Civil No material or non-
Surgeon Designation. substantive change to a
currently approved
collection.
1615-0116.................... I-912........................ Application for Fee Revision of a Currently
Waiver. Approved Collection.
1615-0099.................... I-914........................ Application for T No material or non-
nonimmigrant status. substantive change to a
currently approved
collection.
1615-0104.................... I-918........................ Application for U No material or non-
nonimmigrant status. substantive change to a
currently approved
collection.
1615-0061.................... I-924........................ Application for Regional No material or non-
Designation Center substantive change to a
Under the Immigrant currently approved
Investor Program. collection.
I-924A....................... Annual Certification of
Regional Center.
1615-0106.................... I-929........................ Petition for Qualifying No material or non-
Family Member of a U-1 substantive change to a
Nonimmigrant. currently approved
collection.
1615-0136.................... I-941........................ Application for No material or non-
Entrepreneur Parole. substantive change to a
currently approved
collection.
1615-0133.................... I-942........................ Application for Reduced Discontinuation.
Fee.
1615-0122.................... Immigrant Fee................ Fee paid for immigrant No material or non-
visa processing. substantive change to a
currently approved
collection.
1615-0078.................... N-300........................ Application to File No material or non-
Declaration of substantive change to a
Intention. currently approved
collection.
1615-0050.................... N-336........................ Request for a Hearing on No material or non-
a Decision in substantive change to a
Naturalization currently approved
Proceedings. collection.
1615-0052.................... N-400........................ Application for No material or non-
Naturalization. substantive change to a
currently approved
collection.

[[Page 62349]]

1615-0056.................... N-470........................ Application to Preserve No material or non-
Residence for substantive change to a
Naturalization Purposes. currently approved
collection.
1615-0091.................... N-565........................ Application for No material or non-
Replacement of substantive change to a
Naturalization/ currently approved
Citizenship Document. collection.
1615-0057.................... N-600........................ Application for No material or non-
Certification of substantive change to a
Citizenship. currently approved
collection.
1615-0087.................... N-600K....................... Application for No material or non-
Citizenship and substantive change to a
Issuance of Certificate currently approved
under Section 322. collection.
----------------------------------------------------------------------------------------------------------------

Various USCIS Forms
Under the Paperwork Reduction Act of 1995, Public Law 104-13, all
agencies are required to submit to OMB, for review and approval, any
reporting requirements inherent in a rule. This rule will require non-
substantive edits to the forms listed above with the listed action ``No
material/non-substantive change to a currently approved collection.''
These edits include: updates to the fees collected, including changes
to the collection of biometric service fees; modification of various
form instructions to conform with changes to USCIS Form I-912;
modification to USCIS Form N-400 to conform with the discontinuation of
USCIS Form I-942; modification to various form instructions to conform
with changes to the conditions for fee exemptions; removal of the
returned check fee; addition of language regarding delivery
requirements of certain secured documents; general language
modification of fee activities within various USCIS forms. Accordingly,
USCIS has submitted a Paperwork Reduction Act Change Worksheet, Form
OMB 83-C, and amended information collection instruments to OMB for
review and approval in accordance with the PRA.\209\
---------------------------------------------------------------------------

\209\ As stated earlier DHS proposes a biometric services fee of
$30 that will be required for certain forms for which it performs
intake and biometrics services on behalf of EOIR and to remove the
$30 fee for dishonored fee payment instruments. EOIR will make the
changes to their affected forms required by this rule by submitting
a Paperwork Reduction Act Change Worksheet, Form OMB 83-C, and
amended information collection instruments to OMB for review and
approval if DHS publishes a final rule to make these proposed
changes.
---------------------------------------------------------------------------

USCIS Form I-129H-1
DHS and USCIS invite the general public and other Federal agencies
to comment on the impact to the proposed collection of information. In
accordance with the PRA, the information collection notice is published
in the Federal Register to obtain comments regarding the proposed edits
to the information collection instrument.
Comments are encouraged and will be accepted for 60 days from the
publication date of the proposed rule. All submissions received must
include the OMB Control Number 1615-0009 in the body of the letter and
the agency name. To avoid duplicate submissions, please use only one of
the methods under the ADDRESSES and I. Public Participation section of
this rule to submit comments. Comments on this information collection
should address one or more of the following four points:
(1) Evaluate whether the collection of information is necessary for
the proper performance of the functions of the agency, including
whether the information will have practical utility;
(2) Evaluate the accuracy of the agency's estimate of the burden of
the collection of information, including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses.
Overview of Information Collection
(1) Type of Information Collection: Revision of a Currently
Approved Collection.
(2) Title of the Form/Collection: Petition for a Nonimmigrant
Worker: H-1B Classifications.
(3) Agency form number, if any, and the applicable component of the
DHS sponsoring the collection: I-129H1; USCIS.
(4) Affected public who will be asked or required to respond, as
well as a brief abstract: Primary: Business or other for-profit; Not-
for-profit institutions. USCIS uses the data collected on this form to
determine eligibility for the requested nonimmigrant classification
and/or requests to extend or change nonimmigrant status. An employer
(or agent, where applicable) uses this form to petition USCIS for
classification of an alien as an H-1B nonimmigrant. An employer (or
agent, where applicable) also uses this form to request an extension of
stay of an H-1B or H-1B1 nonimmigrant worker or to change the status of
an alien currently in the United States as a nonimmigrant to H-1B or H-
1B1. The form serves the purpose of standardizing requests for H-1B and
H-1B1 nonimmigrant workers, and ensuring that basic information
required for assessing eligibility is provided by the petitioner while
requesting that beneficiaries be classified under the H-1B or H-1B1
nonimmigrant employment categories. It also assists USCIS in compiling
information required by Congress annually to assess effectiveness and
utilization of certain nonimmigrant classifications.
(5) An estimate of the total number of respondents and the amount
of time estimated for an average respondent to respond: The estimated
total number of respondents for the information collection Form I-129H1
is 358,702 and the estimated hour burden per response is 4 hours.
(6) An estimate of the total public burden (in hours) associated
with the collection: The total estimated annual hour burden associated
with this collection is 1,434,808 hours.
(7) An estimate of the total public burden (in cost) associated
with the collection: The estimated total annual cost burden associated
with this collection of information is $184,731,530.00.
USCIS Form I-129H2A
DHS and USCIS invite the general public and other Federal agencies
to comment on the impact to the proposed collection of information. In
accordance with the PRA, the information collection notice is published
in the Federal Register to obtain comments regarding the proposed edits
to the information collection instrument.

[[Page 62350]]

Comments are encouraged and will be accepted for 60 days from the
publication date of the proposed rule. All submissions received must
include the OMB Control Number 1615-NEW in the body of the letter and
the agency name. To avoid duplicate submissions, please use only one of
the methods under the ADDRESSES and I. Public Participation section of
this rule to submit comments. Comments on this information collection
should address one or more of the following four points:
(1) Evaluate whether the collection of information is necessary for
the proper performance of the functions of the agency, including
whether the information will have practical utility;
(2) Evaluate the accuracy of the agency's estimate of the burden of
the collection of information, including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses.
Overview of Information Collection
(1) Type of Information Collection: New Collection.
(2) Title of the Form/Collection: Petition for a Nonimmigrant
Worker: H-2A Classifications.
(3) Agency form number, if any, and the applicable component of the
DHS sponsoring the collection: I-129H2A; USCIS.
(4) Affected public who will be asked or required to respond, as
well as a brief abstract: Primary: Business or other for-profit; Not-
for-profit institutions. USCIS uses the data collected on this form to
determine eligibility for the requested H-2A nonimmigrant petition and/
or requests to extend or change nonimmigrant status. An employer or
agent uses this form to petition USCIS for classification of an alien
as an H-2A nonimmigrant. An employer or agent also uses this form to
request an extension of stay or change of status on behalf of the alien
worker. The form serves the purpose of standardizing requests for H-2A
nonimmigrant workers, and ensuring that basic information required for
assessing eligibility is provided by the petitioner. It also assists
USCIS in compiling information required by Congress annually to assess
effectiveness and utilization of certain nonimmigrant classifications.
(5) An estimate of the total number of respondents and the amount
of time estimated for an average respondent to respond: The estimated
total number of respondents for the information collection Form I-
129H2A is 9,870 and the estimated hour burden per response is 3 hours;
the estimated total number of respondents for the information
collection Named Worker Attachment for Form I-129H2A is 68,049 and the
estimated hour burden per response is 30 minutes; the estimated total
number of respondents for the information collection Joint Employer
Supplement for Form I-129H2A is 5,000 and the estimated hour burden per
response is 10 minutes.
(6) An estimate of the total public burden (in hours) associated
with the collection: The total estimated annual hour burden associated
with this collection is 64,469.50 hours.
(7) An estimate of the total public burden (in cost) associated
with the collection: The estimated total annual cost burden associated
with this collection of information is $5,083,050.
USCIS Form I-129H2B
DHS and USCIS invite the general public and other Federal agencies
to comment on the impact to the proposed collection of information. In
accordance with the PRA, the information collection notice is published
in the Federal Register to obtain comments regarding the proposed edits
to the information collection instrument.
Comments are encouraged and will be accepted for 60 days from the
publication date of the proposed rule. All submissions received must
include the OMB Control Number 1615-NEW in the body of the letter and
the agency name. To avoid duplicate submissions, please use only one of
the methods under the ADDRESSES and I. Public Participation section of
this rule to submit comments. Comments on this information collection
should address one or more of the following four points:
(1) Evaluate whether the collection of information is necessary for
the proper performance of the functions of the agency, including
whether the information will have practical utility;
(2) Evaluate the accuracy of the agency's estimate of the burden of
the collection of information, including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses.
Overview of Information Collection
(1) Type of Information Collection: New Collection.
(2) Title of the Form/Collection: Petition for Nonimmigrant Worker:
H-2B Classification.
(3) Agency form number, if any, and the applicable component of the
DHS sponsoring the collection: I-129H2B; USCIS.
(4) Affected public who will be asked or required to respond, as
well as a brief abstract: Primary: Business or other for-profit; Not-
for-profit institutions. USCIS uses the data collected on this form to
determine eligibility for the requested H-2B nonimmigrant petition and/
or requests to extend or change nonimmigrant status. An employer or
agent uses this form to petition USCIS for classification of an alien
as an H-2B nonimmigrant. An employer or agent also uses this form to
request an extension of stay or change of status on behalf of the alien
worker. The form serves the purpose of standardizing requests for
nonimmigrant workers, and ensuring that basic information required for
assessing eligibility is provided by the petitioner. It also assists
USCIS in compiling information required by Congress annually to assess
effectiveness and utilization of certain nonimmigrant classifications.
(5) An estimate of the total number of respondents and the amount
of time estimated for an average respondent to respond: The estimated
total number of respondents for the information collection Form I-
129H2B is 5,922 and the estimated hour burden per response is 3 hours;
the estimated total number of respondents for the information
collection Named Worker Attachment for Form I-129H2B is 59,325 and the
estimated hour burden per response is 0.5 hours.
(6) An estimate of the total public burden (in hours) associated
with the collection: The total estimated annual hour burden associated
with this collection is 47,428.50 hours.
(7) An estimate of the total public burden (in cost) associated
with the collection: The estimated total annual cost burden associated
with this collection of information is $3,049,830.00.

[[Page 62351]]

USCIS Form I-129L
DHS and USCIS invite the general public and other Federal agencies
to comment on the impact to the proposed collection of information. In
accordance with the PRA, the information collection notice is published
in the Federal Register to obtain comments regarding the proposed edits
to the information collection instrument.
Comments are encouraged and will be accepted for 60 days from the
publication date of the proposed rule. All submissions received must
include the OMB Control Number 1615-NEW in the body of the letter and
the agency name. To avoid duplicate submissions, please use only one of
the methods under the ADDRESSES and I. Public Participation section of
this rule to submit comments. Comments on this information collection
should address one or more of the following four points:
(1) Evaluate whether the collection of information is necessary for
the proper performance of the functions of the agency, including
whether the information will have practical utility;
(2) Evaluate the accuracy of the agency's estimate of the burden of
the collection of information, including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses.
Overview of Information Collection
(1) Type of Information Collection: New Collection.
(2) Title of the Form/Collection: Petition for Nonimmigrant Worker:
I-129L Classification.
(3) Agency form number, if any, and the applicable component of the
DHS sponsoring the collection: I-129L; USCIS.
(4) Affected public who will be asked or required to respond, as
well as a brief abstract: Primary: Business or other for-profit; Not-
for-profit institutions. USCIS uses the data collected on Form I-129L
to determine a petitioner and beneficiary's eligibility for L-1A and L-
1B classification. The form is also used to determine eligibility for
an LZ Blanket petition. An employer uses this form to petition USCIS
for classification of the beneficiary as an L-1 nonimmigrant. An
employer also uses this form to request an extension of stay or change
of status on behalf of the beneficiary. The form standardizes these
types of petitioners and ensures that the information required for
assessing eligibility is provided by the petitioner about themselves
and the beneficiary. The form also enables USCIS to compile data
required for an annual report to Congress assessing the effectiveness
and utilization of certain nonimmigrant classifications.
(5) An estimate of the total number of respondents and the amount
of time estimated for an average respondent to respond: The estimated
total number of respondents for the information collection Form I-129L
is 42,642 and the estimated hour burden per response is 3 hours.
(6) An estimate of the total public burden (in hours) associated
with the collection: The total estimated annual hour burden associated
with this collection is 127,926 hours.
(7) An estimate of the total public burden (in cost) associated
with the collection: The estimated total annual cost burden associated
with this collection of information is $21,960,630.00.
USCIS Form I-129O
DHS and USCIS invite the general public and other Federal agencies
to comment on the impact to the proposed collection of information. In
accordance with the PRA, the information collection notice is published
in the Federal Register to obtain comments regarding the proposed edits
to the information collection instrument.
Comments are encouraged and will be accepted for 60 days from the
publication date of the proposed rule. All submissions received must
include the OMB Control Number 1615-NEW in the body of the letter and
the agency name. To avoid duplicate submissions, please use only one of
the methods under the ADDRESSES and I. Public Participation section of
this rule to submit comments. Comments on this information collection
should address one or more of the following four points:
(1) Evaluate whether the collection of information is necessary for
the proper performance of the functions of the agency, including
whether the information will have practical utility;
(2) Evaluate the accuracy of the agency's estimate of the burden of
the collection of information, including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses.
Overview of Information Collection
(1) Type of Information Collection: New Collection.
(2) Title of the Form/Collection: Petition for Nonimmigrant Worker:
O Classification.
(3) Agency form number, if any, and the applicable component of the
DHS sponsoring the collection: I-129O; USCIS.
(4) Affected public who will be asked or required to respond, as
well as a brief abstract: Primary: Business or other for-profit; Not-
for-profit institutions. USCIS uses the data collected on this form to
determine eligibility for the requested nonimmigrant petition and/or
requests to extend or change nonimmigrant status. An employer or agent
uses this form to petition USCIS for classification of an alien as an O
nonimmigrant worker. An employer or agent also uses this form to
request an extension of stay or change of status on behalf of the alien
worker. The form serves the purpose of standardizing requests for
nonimmigrant workers, and ensuring that basic information required for
assessing eligibility is provided by the petitioner while requesting
that beneficiaries be classified under certain nonimmigrant employment
categories. It also assists USCIS in compiling information required by
Congress annually to assess effectiveness and utilization of certain
nonimmigrant classifications.
(5) An estimate of the total number of respondents and the amount
of time estimated for an average respondent to respond: The estimated
total number of respondents for the information collection Form I-129O
is 20,652 and the estimated hour burden per response is 3 hours; the
estimated total number of respondents for the information collection
Attachment 1--Additional Beneficiary for Form I-129O is 1,012 and the
estimated hour burden per response is 0.5 hours.
(6) An estimate of the total public burden (in hours) associated
with the collection: The total estimated annual hour burden associated
with this collection is 62,462 hours.
(7) An estimate of the total public burden (in cost) associated
with the collection: The estimated total annual cost burden associated
with this

[[Page 62352]]

collection of information is $10,635,780.00.
USCIS Form I-129MISC
DHS and USCIS invite the general public and other Federal agencies
to comment on the impact to the proposed collection of information. In
accordance with the PRA, the information collection notice is published
in the Federal Register to obtain comments regarding the proposed edits
to the information collection instrument.
Comments are encouraged and will be accepted for 60 days from the
publication date of the proposed rule. All submissions received must
include the OMB Control Number 1615-NEW in the body of the letter and
the agency name. To avoid duplicate submissions, please use only one of
the methods under the ADDRESSES and I. Public Participation section of
this rule to submit comments. Comments on this information collection
should address one or more of the following four points:
(1) Evaluate whether the collection of information is necessary for
the proper performance of the functions of the agency, including
whether the information will have practical utility;
(2) Evaluate the accuracy of the agency's estimate of the burden of
the collection of information, including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses.
Overview of Information Collection
(1) Type of Information Collection: New Collection.
(2) Title of the Form/Collection: Petition for Nonimmigrant Worker:
H-3, P, Q, or R Classification.
(3) Agency form number, if any, and the applicable component of the
DHS sponsoring the collection: I-129MISC; USCIS.
(4) Affected public who will be asked or required to respond, as
well as a brief abstract: Primary: Business or other for-profit; Not-
for-profit institutions. USCIS uses the data collected on this form to
determine eligibility for the requested nonimmigrant classification
and/or requests to extend or change nonimmigrant status. An employer
(or agent, where applicable) uses this form to petition USCIS for
classification of an alien as an H-3, P, Q, or R nonimmigrant. An
employer (or agent, where applicable) also uses this form to request an
extension of stay of an H-3, P, Q, or R nonimmigrant worker or to
change the status of an alien currently in the United States as a
nonimmigrant to H-3, P, Q, or R. The form serves the purpose of
standardizing requests for H-3, P, Q, or R nonimmigrant workers, and
ensuring that basic information required for assessing eligibility is
provided by the petitioner while requesting that beneficiaries be
classified under the H-3, P, Q, or R nonimmigrant employment
categories. It also assists USCIS in compiling information required by
Congress annually to assess effectiveness and utilization of certain
nonimmigrant classification.
(5) An estimate of the total number of respondents and the amount
of time estimated for an average respondent to respond: The estimated
total number of respondents for the information collection Form I-
129MISC is 22,378 and the estimated hour burden per response is 3
hours; the estimated total number of respondents for the information
collection H-3 Classification Supplement to Form I-129MISC, Petition
for Nonimmigrant Worker: H-3, P, Q, or R Classification is 248 and the
estimated hour burden per response is 0.25 hours; the estimated total
number of respondents for the information collection P Classification
Supplement to Form I-129MISC is 6,094 and the estimated hour burden per
response is 0.5 hours; the estimated total number of respondents for
the information collection Q-1 International Cultural Exchange Alien
Supplement to Form I-129MISC is 78 and the estimated hour burden per
response is 0.167 hours; the estimated total number of respondents for
the information collection R-1 Classification Supplement to Form I-
129MISC is 1 and the estimated hour burden per response is 1 hours; the
estimated total number of respondents for the information collection
Attachment 1--Additional Beneficiary for Form I-129MISC is 6,457 and
the estimated hour burden per response is 0.5 hours.
(6) An estimate of the total public burden (in hours) associated
with the collection: The total estimated annual hour burden associated
with this collection is 73,494.53 hours.
(7) An estimate of the total public burden (in cost) associated
with the collection: The estimated total annual cost burden associated
with this collection of information is $11,524,670.
USCIS Form I-129E&TN
DHS and USCIS invite the general public and other Federal agencies
to comment on the impact to the proposed collection of information. In
accordance with the PRA, the information collection notice is published
in the Federal Register to obtain comments regarding the proposed edits
to the information collection instrument.
Comments are encouraged and will be accepted for 60 days from the
publication date of the proposed rule. All submissions received must
include the OMB Control Number 1615-NEW in the body of the letter and
the agency name. To avoid duplicate submissions, please use only one of
the methods under the ADDRESSES and I. Public Participation section of
this rule to submit comments. Comments on this information collection
should address one or more of the following four points:
(1) Evaluate whether the collection of information is necessary for
the proper performance of the functions of the agency, including
whether the information will have practical utility;
(2) Evaluate the accuracy of the agency's estimate of the burden of
the collection of information, including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses.
Overview of Information Collection
(1) Type of Information Collection: New Collection.
(2) Title of the Form/Collection: Petition for Nonimmigrant Worker:
E and TN Classification.
(3) Agency form number, if any, and the applicable component of the
DHS sponsoring the collection: I-129E&TN; USCIS.
(4) Affected public who will be asked or required to respond, as
well as a brief abstract: Primary: Business or other for-profit; Not-
for-profit institutions. USCIS uses the data collected on this form to
determine eligibility for the requested nonimmigrant classification
and/or requests to extend or change nonimmigrant status. An employer
agent, or applicant uses this form to apply to USCIS for classification
of an alien as an E-1, E-2, E-3, or TN

[[Page 62353]]

nonimmigrant. An employer, agent, applicant, or CNMI investor also uses
this form to request an extension of stay in one of these
classifications for an alien or for themselves, or to change the status
of an alien currently in the United States as a nonimmigrant or their
own status if they are currently in the United States as a nonimmigrant
to E-1, E-2, E-3, or TN. The form serves the purpose of standardizing
requests for nonimmigrant workers in these classifications, and
ensuring that basic information required for assessing eligibility is
provided by the applicant. It also assists USCIS in compiling
information required by Congress annually to assess effectiveness and
utilization of certain nonimmigrant classification.
(5) An estimate of the total number of respondents and the amount
of time estimated for an average respondent to respond: The estimated
total number of respondents for the information collection Form I-
129E&TN is 11,860 and the estimated hour burden per response is 3
hours; the estimated total number of respondents for the information
collection E-1/E-2 Classification Supplement to Form I-129E&TN is 3,714
and the estimated hour burden per response is 1.45 hours; the estimated
total number of respondents for the information collection E-3
Classification Supplement to Form I-129E&TN is 1,857 and the estimated
hour burden per response is 1 hours; the estimated total number of
respondents for the information collection NAFTA Supplement to Form I-
129E&TN is 6,289 and the estimated hour burden per response is 0.5
hours.
(6) An estimate of the total public burden (in hours) associated
with the collection: The total estimated annual hour burden associated
with this collection is 45,966.80 hours.
(7) An estimate of the total public burden (in cost) associated
with the collection: The estimated total annual cost burden associated
with this collection of information is $6,107,900.
USCIS Form I-131
DHS and USCIS invite the general public and other Federal agencies
to comment on the impact to the proposed collection of information. In
accordance with the PRA, the information collection notice is published
in the Federal Register to obtain comments regarding the proposed edits
to the information collection instrument.
Comments are encouraged and will be accepted for 60 days from the
publication date of the proposed rule. All submissions received must
include the OMB Control Number 1615-0013 in the body of the letter and
the agency name. To avoid duplicate submissions, please use only one of
the methods under the ADDRESSES and I. Public Participation section of
this rule to submit comments. Comments on this information collection
should address one or more of the following four points:
(1) Evaluate whether the collection of information is necessary for
the proper performance of the functions of the agency, including
whether the information will have practical utility;
(2) Evaluate the accuracy of the agency's estimate of the burden of
the collection of information, including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses.
Overview of Information Collection
(1) Type of Information Collection: Revision of a Currently
Approved Collection.
(2) Title of the Form/Collection: Application for Travel Document,
Form I-131; Extension, Without Change, of a Currently Approved
Collection.
(3) Agency form number, if any, and the applicable component of the
DHS sponsoring the collection: I-131; USCIS.
(4) Affected public who will be asked or required to respond, as
well as a brief abstract: Primary: Individuals or households. Certain
aliens, principally permanent or conditional residents, refugees or
asylees, applicants for adjustment of status, aliens in Temporary
Protected Status (TPS), and aliens abroad seeking humanitarian parole
who need to apply for a travel document to lawfully enter or reenter
the United States. Eligible recipients of Deferred Action for Childhood
Arrivals (DACA) may now request an advance parole documents based on
humanitarian, educational and employment reasons. Lawful permanent
residents may now file requests for travel permits (transportation
letter or boarding foil).
(5) An estimate of the total number of respondents and the amount
of time estimated for an average respondent to respond: The estimated
total number of respondents for the information collection I-131 is
464,900 and the estimated hour burden per response is 1.9 hours; the
estimated total number of respondents for biometrics processing is
86,000 and the estimated hour burden per response is 1.17 hours, the
estimated total number of respondents for passport-style photos is
360,000 and the estimated hour burden per response is 0.5 hours.
(6) An estimate of the total public burden (in hours) associated
with the collection: The total estimated annual hour burden associated
with this collection is 1,163,930 hours.
(7) An estimate of the total public burden (in cost) associated
with the collection: The estimated total annual cost burden associated
with this collection of information is $143,254,100.
USCIS Form I-131A
DHS and USCIS invite the general public and other Federal agencies
to comment on the impact to the proposed collection of information. In
accordance with the PRA, the information collection notice is published
in the Federal Register to obtain comments regarding the proposed edits
to the information collection instrument.
Comments are encouraged and will be accepted for 60 days from the
publication date of the proposed rule. All submissions received must
include the OMB Control Number 1615-0135 in the body of the letter and
the agency name. To avoid duplicate submissions, please use only one of
the methods under the ADDRESSES and I. Public Participation section of
this rule to submit comments. Comments on this information collection
should address one or more of the following four points:
(1) Evaluate whether the collection of information is necessary for
the proper performance of the functions of the agency, including
whether the information will have practical utility;
(2) Evaluate the accuracy of the agency's estimate of the burden of
the collection of information, including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses.

[[Page 62354]]

Overview of Information Collection
(1) Type of Information Collection: Revision of a Currently
Approved Collection.
(2) Title of the Form/Collection: Application for Carrier
Documentation.
(3) Agency form number, if any, and the applicable component of the
DHS sponsoring the collection: I-131A; USCIS.
(4) Affected public who will be asked or required to respond, as
well as a brief abstract: Primary: Individuals or households. USCIS
uses the information provided on Form I-131A to verify the status of
permanent or conditional residents, and determine whether the applicant
is eligible for the requested travel document.
(5) An estimate of the total number of respondents and the amount
of time estimated for an average respondent to respond: The estimated
total number of respondents for the information collection Form I-131A
is 5,100 and the estimated hour burden per response is .92 hours;
biometrics processing is 5,100 and the estimated hour burden per
response is 1.17 hours.
(6) An estimate of the total public burden (in hours) associated
with the collection: The total estimated annual hour burden associated
with this collection is 10,659 hours.
(7) An estimate of the total public burden (in cost) associated
with the collection: The estimated total annual cost burden associated
with this collection of information is $919,275.
USCIS Form I-589
DHS and USCIS invite the general public and other Federal agencies
to comment on the impact to the proposed collection of information. In
accordance with the PRA, the information collection notice is published
in the Federal Register to obtain comments regarding the proposed edits
to the information collection instrument.
Comments are encouraged and will be accepted for 60 days from the
publication date of the proposed rule. All submissions received must
include the OMB Control Number 1615-0067 in the body of the letter and
the agency name. To avoid duplicate submissions, please use only one of
the methods under the ADDRESSES and I. Public Participation section of
this rule to submit comments. Comments on this information collection
should address one or more of the following four points:
(1) Evaluate whether the collection of information is necessary for
the proper performance of the functions of the agency, including
whether the information will have practical utility;
(2) Evaluate the accuracy of the agency's estimate of the burden of
the collection of information, including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses.
Overview of Information Collection
(1) Type of Information Collection: Revision of a Currently
Approved Collection.
(2) Title of the Form/Collection: Application for Asylum and for
Withholding of Removal.
(3) Agency form number, if any, and the applicable component of the
DHS sponsoring the collection: I-589; USCIS.
(4) Affected public who will be asked or required to respond, as
well as a brief abstract: Primary: Individuals or households. Form I-
589 is necessary to determine whether an alien applying for asylum and/
or withholding of removal in the United States is classified as
refugee, and is eligible to remain in the United States.
(5) An estimate of the total number of respondents and the amount
of time estimated for an average respondent to respond: The estimated
total number of USCIS respondents for the information collection in
Form I-589 is approximately 114,000, and the estimated annual
respondents for Form I-589 filed with DOJ is approximately 150,000. The
estimated hour burden per response is 13 hours per response; and the
estimated number of respondents providing biometrics to USCIS is
110,000, and to DOJ (collected on their behalf by USCIS) is 150,000.
The estimated hour burden per response for biometrics submissions is
1.17 hours.
(6) An estimate of the total public burden (in hours) associated
with the collection: The total estimated annual hour burden associated
with this collection for USCIS is 1,610,700 hours, and for DOJ is
2,125,500.
(7) An estimate of the total public burden (in cost) associated
with the collection: The estimated total annual cost burden associated
with this collection of information for USCIS is estimated to be
$44,688,000 and for DOJ is 59 million.
USCIS Form I-600, I-600A, Supplement 1, Supplement 2, Supplement 3
DHS and USCIS invite the general public and other Federal agencies
to comment on the impact to the proposed collection of information. In
accordance with the PRA, the information collection notice is published
in the Federal Register to obtain comments regarding the proposed edits
to the information collection instrument.
Comments are encouraged and will be accepted for 60 days from the
publication date of the proposed rule. All submissions received must
include the OMB Control Number 1615-0028 in the body of the letter and
the agency name. To avoid duplicate submissions, please use only one of
the methods under the ADDRESSES and I. Public Participation section of
this rule to submit comments. Comments on this information collection
should address one or more of the following four points:
(1) Evaluate whether the collection of information is necessary for
the proper performance of the functions of the agency, including
whether the information will have practical utility;
(2) Evaluate the accuracy of the agency's estimate of the burden of
the collection of information, including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses.
Overview of Information Collection
(1) Type of Information Collection: Revision of a Currently
Approved Collection.
(2) Title of the Form/Collection: Petition to Classify Orphan as an
Immediate Relative; Application for Advance Processing of an Orphan
Petition; Supplement 1, Listing of an Adult Member of the Household;
Supplement 2, Consent to Disclose Information; Supplement 3, Request
for Action on Approved Form I-600A/I-600.
(3) Agency form number, if any, and the applicable component of the
DHS sponsoring the collection: Form I-600, Form I-600A, Form I-600A/I-
600 Supplement 1, Form I-600A/I-600 Supplement 2, Form I-600A/I-600
Supplement 3; USCIS.

[[Page 62355]]

(4) Affected public who will be asked or required to respond, as
well as a brief abstract: Primary: Individuals or households. A U.S.
citizen adoptive parent may file a petition to classify an orphan as an
immediate relative through Form I-600 under section 101(b)(1)(F) of the
INA. A U.S. citizen prospective adoptive parent may file Form I-600A in
advance of the Form I-600 filing and USCIS will make a determination
regarding the prospective adoptive parent's eligibility to file Form I-
600A and his or her suitability and eligibility to properly parent an
orphan. A U.S. citizen prospective/adoptive parent may file a petition
to classify an orphan as an immediate relative under section
201(b)(2)(A) of the INA through Form I-600. If there are other adult
members of the U.S. citizen prospective/adoptive parent's household, as
defined at 8 CFR 204.301, the prospective/adoptive parent must include
Form I-600A/I-600 Supplement 1 when filing both Form I-600A and Form I-
600. A Form I-600A/I-600 Supplement 2, Consent to Disclose Information,
is an optional form that a U.S. citizen prospective/adoptive parent may
file to authorize USCIS to disclose case-related information that would
otherwise be protected under the Privacy Act, 5 U.S.C. 552a, to
adoption service providers or other individuals. Form I-600A/I-600
authorized disclosures will assist USCIS in the adjudication of Forms
I-600A and I-600. USCIS has created a new Form I-600A/I-600 Supplement
3, Request for Action on Approved Form I-600A/I-600, for this
information collection. Form I-600A/I-600 Supplement 3 is a form that
prospective/adoptive parents must use if they need to request action
such as an extended or updated suitability determination based upon a
significant change in their circumstances or change in the number or
characteristics of the children they intend to adopt, a change in their
intended country of adoption, or a request for a duplicate notice of
their approved Form I-600A suitability determination.
(5) An estimate of the total number of respondents and the amount
of time estimated for an average respondent to respond: The estimated
total number of respondents for the information collection Form I-600
is 1,200 and the estimated hour burden per response is 1 hour; the
estimated total number of respondents for the information collection
Form I-600A is 2,000 and the estimated hour burden per response is 1
hour; the estimated total number of respondents for the information
collection Form I-600/I-600A Supplement 1 is 301 and the estimated hour
burden per response is 1 hour; the estimated total number of
respondents for the information collection Form I-600/I-600A Supplement
2 is 1,260 and the estimated hour burden per response is 0.25 hours;
the estimated total number of respondents for the information
collection Form I-600/I-600A Supplement 3 is 1,286 and the estimated
hour burden per response is 1 hours; the estimated total number of
respondents for the Home Study information collection is 2,500 and the
estimated hour burden per response is 25 hours; the estimated total
number of respondents for the Biometrics information collection is
2,520 and the estimated hour burden per response is 1.17 hours; the
estimated total number of respondents for the Biometrics--DNA
information collection is 2 and the estimated hour burden per response
is 6 hours.
(6) An estimate of the total public burden (in hours) associated
with the collection: The total estimated annual hour burden associated
with this collection is 70,562.40 hours.
(7) An estimate of the total public burden (in cost) associated
with the collection: The estimated total annual cost burden associated
with this collection of information is $7,759,232.
USCIS Form I-765
DHS and USCIS invite the general public and other Federal agencies
to comment on the impact to the proposed collection of information. In
accordance with the PRA, the information collection notice is published
in the Federal Register to obtain comments regarding the proposed edits
to the information collection instrument.
Comments are encouraged and will be accepted for 60 days from the
publication date of the proposed rule. All submissions received must
include the OMB Control Number 1615-0040 in the body of the letter and
the agency name. To avoid duplicate submissions, please use only one of
the methods under the ADDRESSES and I. Public Participation section of
this rule to submit comments. Comments on this information collection
should address one or more of the following four points:
(1) Evaluate whether the collection of information is necessary for
the proper performance of the functions of the agency, including
whether the information will have practical utility;
(2) Evaluate the accuracy of the agency's estimate of the burden of
the collection of information, including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses.
Overview of Information Collection
(1) Type of Information Collection: Revision of a Currently
Approved Collection.
(2) Title of the Form/Collection: Application for Employment
Authorization.
(3) Agency form number, if any, and the applicable component of the
DHS sponsoring the collection: I-765; USCIS.
(4) Affected public who will be asked or required to respond, as
well as a brief abstract: Primary: Individuals or households. USCIS
uses Form I-765 to collect information needed to determine if an alien
is eligible for an initial EAD, a new replacement EAD, or a subsequent
EAD upon the expiration of a previous EAD under the same eligibility
category. Aliens in many immigration statuses are required to possess
an EAD as evidence of work authorization.
(5) An estimate of the total number of respondents and the amount
of time estimated for an average respondent to respond: The estimated
total number of respondents for the information collection I-765 is
2,096,000 and the estimated hour burden per response is 4.5 hours; the
estimated total number of respondents for the information collection I-
765WS is 41,912 and the estimated hour burden per response is 0.5
hours; the estimated total number of respondents for the information
collection biometrics is 42,387 and the estimated hour burden per
response is 1.17 hours; the estimated total number of respondents for
the information collection passport photos is 2,096,000 and the
estimated hour burden per response is 0.5 hours.
(6) An estimate of the total public burden (in hours) associated
with the collection: The total estimated annual hour burden associated
with this collection is 10,550,549 hours.
(7) An estimate of the total public burden (in cost) associated
with the collection: The estimated total annual cost burden associated
with this collection of information is $367,575,520.

[[Page 62356]]

USCIS Form I-821D
DHS and USCIS invite the general public and other Federal agencies
to comment on the impact to the proposed collection of information. In
accordance with the PRA, the information collection notice is published
in the Federal Register to obtain comments regarding the proposed edits
to the information collection instrument.
Comments are encouraged and will be accepted for 60 days from the
publication date of the proposed rule. All submissions received must
include the OMB Control Number 1615-0124 in the body of the letter and
the agency name. To avoid duplicate submissions, please use only one of
the methods under the ADDRESSES and I. Public Participation section of
this rule to submit comments. Comments on this information collection
should address one or more of the following four points:
(1) Evaluate whether the collection of information is necessary for
the proper performance of the functions of the agency, including
whether the information will have practical utility;
(2) Evaluate the accuracy of the agency's estimate of the burden of
the collection of information, including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses.
Overview of Information Collection
(1) Type of Information Collection: Revision of a Currently
Approved Collection.
(2) Title of the Form/Collection: Consideration of Deferred Action
for Childhood Arrivals.
(3) Agency form number, if any, and the applicable component of the
DHS sponsoring the collection: Form I-821D; USCIS.
(4) Affected public who will be asked or required to respond, as
well as a brief abstract: Primary: Individuals or households. As part
of the administration of its programs, USCIS exercises its
prosecutorial discretion on a case-by-case basis to defer action on
instituting removal proceedings against individuals.
(5) An estimate of the total number of respondents and the amount
of time estimated for an average respondent to respond: The estimated
total number of respondents for the information collection I-821D
Initial Request is 40,819 and the estimated hour burden per response is
3.08 hours. The estimated total number of respondents for the
information collection I-821D Renewal Request is 418,775 and the
estimated hour burden per response is 3.08 hours.
(6) An estimate of the total public burden (in hours) associated
with the collection: The total estimated annual hour burden associated
with this collection is 1,415,550 hours.
(7) An estimate of the total public burden (in cost) associated
with the collection: The estimated total annual cost burden associated
with this collection of information is $50,555,340.
USCIS Form I-912
DHS and USCIS invite the general public and other Federal agencies
to comment on the impact to the proposed collection of information. In
accordance with the PRA, the information collection notice is published
in the Federal Register to obtain comments regarding the proposed edits
to the information collection instrument.
Comments are encouraged and will be accepted for 60 days from the
publication date of the proposed rule. All submissions received must
include the OMB Control Number 1615-0116 in the body of the letter and
the agency name. To avoid duplicate submissions, please use only one of
the methods under the ADDRESSES and I. Public Participation section of
this rule to submit comments. Comments on this information collection
should address one or more of the following four points:
(1) Evaluate whether the collection of information is necessary for
the proper performance of the functions of the agency, including
whether the information will have practical utility;
(2) Evaluate the accuracy of the agency's estimate of the burden of
the collection of information, including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses.
Overview of Information Collection
(1) Type of Information Collection: Revision of a Currently
Approved Collection.
(2) Title of the Form/Collection: Application for Fee Waiver.
(3) Agency form number, if any, and the applicable component of the
DHS sponsoring the collection: I-912; USCIS.
(4) Affected public who will be asked or required to respond, as
well as a brief abstract: Primary: Individuals or households. USCIS
uses the data collected on this form to verify that the applicant is
unable to pay for the immigration benefit being requested. USCIS will
consider waiving a fee for an application or petition when the
applicant or petitioner clearly demonstrates that he or she is unable
to pay the fee. Form I-912 standardizes the collection and analysis of
statements and supporting documentation provided by the applicant with
the fee waiver request. Form I-912 also streamlines and expedites
USCIS' review, approval, or denial of the fee waiver request by clearly
laying out the most salient data and evidence necessary for the
determination of inability to pay. Officers evaluate all factors,
circumstances, and evidence supplied in support of a fee waiver request
when making a final determination. Each case is unique and is
considered on its own merits. If the fee waiver is granted, the
application will be processed. If the fee waiver is not granted, USCIS
will notify the applicant and instruct him or her to file a new
application with the appropriate fee.
(5) An estimate of the total number of respondents and the amount
of time estimated for an average respondent to respond: The estimated
total number of respondents for the information collection I-912 is
116,323 and the estimated hour burden per response is 1.17 hours; the
estimated total number of respondents for the information collection
DACA Exemptions is 108 and the estimated hour burden per response is
1.17 hours; the estimated total number of respondents for the
information collection 8 CFR 103.7(d) Director's exception request is
20 and the estimated hour burden per response is 1.17 hours.
(6) An estimate of the total public burden (in hours) associated
with the collection: The total estimated annual hour burden associated
with this collection is 136,247.67 hours.
(7) An estimate of the total public burden (in cost) associated
with the collection: The estimated total annual cost burden associated
with this collection of information is $436,211.25.

[[Page 62357]]

USCIS Form I-942
Under the Paperwork Reduction Act of 1995, Public Law 104-13, all
agencies are required to submit to OMB, for review and approval, any
reporting requirements inherent in a rule. Although this rule does not
impose any new reporting or recordkeeping requirements under the PRA,
this rule will require the discontinuation of USCIS Form I-942, Request
for Reduced Fee. This discontinuation results from the Notice of
Proposed Rulemaking eliminating the option to request a reduced fee,
which makes the Form I-942 unnecessary. Accordingly, USCIS has
submitted a Paperwork Reduction Act Change Worksheet, Form OMB 83-C,
and amended information collection instruments to OMB for review and
approval in accordance with the PRA.
Differences in information collection request respondent volume and
fee model filing volume projections.
DHS notes that the estimates of annual filing volume in the PRA
section of this preamble are not the same as those used in the model
used to calculate the fee amounts proposed in this rule. For example,
the fee calculation model estimates 163,000 annual Form I-589 filings
while the PRA section estimates the average annual number of
respondents will be 114,000. The model projects 2,851,000 Form I-765
filings while the estimated total number of respondents for the
information collection I-765 is 2,096,000. As stated in section
IV.B.1.a of this preamble, the VPC forecasts USCIS workload volume
using based on short- and long-term volume trends and time series
models, historical receipts data, patterns (such as level, trend, and
seasonality) or correlations with historical events to forecast
receipts. Workload volume is used to determine the USCIS resources
needed to process benefit requests and is the primary cost driver for
assigning activity costs to immigration benefits and biometric services
in the USCIS ABC model. DHS uses a different method for estimating the
average annual number of respondents for the information collection
over the three-year OMB approval of the control number, generally
basing the estimate on the average filing volumes in the previous 3 of
5 year period, with less consideration of the volume effects on planned
or past policy changes. Nevertheless, when the information collection
request is nearing expiration USCIS will update the estimates of annual
respondents based on actual results in the submission to OMB. The PRA
burden estimates are generally updated at least every three years.
Thus, DHS expects that the PRA estimated annual respondents will be
updated to reflect the actual effects of this proposed rule within a
relatively short period after a final rule takes effect.

H. National Environmental Policy Act

DHS Directive (Dir) 023-01 Rev. 01 establishes the procedures that
DHS and its components use to comply with the National Environmental
Policy Act (NEPA) and the Council on Environmental Quality (CEQ)
regulations for implementing NEPA. 40 CFR parts 1500-1508.\210\ The CEQ
regulations allow Federal agencies to establish, with CEQ review and
concurrence, categories of actions (``categorical exclusions'') which
experience has shown do not individually or cumulatively have a
significant effect on the human environment and, therefore, do not
require an Environmental Assessment or Environmental Impact Statement.
40 CFR 1507.3(b)(2)(ii) and 1508.4. Dir. 023-01 Rev. 01 establishes
categorical exclusions that DHS has found to have no such effect. Dir.
023-01 Rev. 01 Appendix A Table 1. For an action to be categorically
excluded from further NEPA review, Dir. 023-01 Rev. 01 requires the
action to satisfy each of the following three conditions: (1) The
entire action clearly fits within one or more of the Categorical
Exclusions; (2) the action is not a piece of a larger action; and (3)
no extraordinary circumstances exist that create the potential for a
significant environmental effect. Dir. 023-01 Rev. 01 section V.B (1)-
(3).
---------------------------------------------------------------------------

\210\ See also DHS, Implementing the National Environmental
Policy Act, https://www.dhs.gov/publication/directive-023-01-rev-01-and-instruction-manual-023-01-001-01-rev-01-and-catex (last
published Feb. 21, 2019).
---------------------------------------------------------------------------

The Department analyzed this proposed action and concluded that
NEPA does not apply because, as discussed above, the potential impacts
of the rule are not amenable to further an analysis which is generally
unquantifiable, largely because of the lack of any direct causal
relationship between the rule and any specific impact that might be
asserted from generalized population growth or otherwise. Attempts at
more detailed analysis would be excessively speculative. Nevertheless,
even if NEPA did apply to this action, the action clearly would come
within categorical exclusion A3(d) in Dir. 023-01 Rev. 01, Appendix A,
Table 1, for rules that interpret or amend an existing regulation
without changing its environmental effect. This rule is not part of a
larger action and presents no extraordinary circumstances creating the
potential for significant environmental effects. Therefore, if NEPA
were determined to apply, this rule would be categorically excluded
from further NEPA review.

List of Subjects

8 CFR Part 103

Administrative practice and procedures, Authority delegations
(government agencies), Freedom of Information, Privacy, Reporting and
recordkeeping requirements, and Surety bonds.

8 CFR Part 106

Immigration, User fees.

8 CFR Part 204

Administrative practice and procedure, Immigration, Reporting and
recordkeeping requirements.

8 CFR Part 211

Documentary requirements: immigrants; waivers.

Accordingly, DHS proposes to amend chapter I of title 8 of the Code
of Federal Regulations as follows:

PART 103--IMMIGRATION BENEFIT REQUESTS; USCIS FILING REQUIREMENTS;
BIOMETRIC REQUIREMENTS; AVAILABILITY OF RECORDS

0
1. The authority citation for part 103 continues to read as follows:

Authority: 5 U.S.C. 301, 552, 552a; 8 U.S.C. 1101, 1103, 1304,
1356, 1356b, 1372; 31 U.S.C. 9701; Pub. L. 107-296, 116 Stat. 2135
(6 U.S.C. 101 et seq.); E.O. 12356, 47 FR 14874, 15557, 3 CFR, 1982
Comp., p. 166; 8 CFR part 2; Pub. L. 112-54, 125 Stat 550 (8 U.S.C.
1185 note).

0
2. The heading for part 103 is revised to read as set forth above.
0
3. Section 103.2 amended:
0
a. By revising the last sentence of paragraph (a)(1);
0
b. By revising paragraph (a)(7)(ii)(D);
0
c. In paragraph (b)(9) introductory text by removing ``8 CFR
103.7(b)(1)(i)(C)'' and adding in its place ``8 CFR 106.2'' in the
second sentence; and
0
d. By revising paragraph (b)(19)(iii).
The revisions read as follows:

Sec. 103.2 Submission and adjudication of benefit requests.

(a) * * *
(1) * * * Filing fees generally are non-refundable regardless of if
the benefit request is approved or denied, or how much time the
adjudication requires. Except as otherwise provided

[[Page 62358]]

in this chapter I, fees must be paid when the benefit request is filed.
* * * * *
(7) * * *
(ii) * * *
(D) Submitted with the correct fee(s). If a check or other
financial instrument used to pay a fee is returned as unpayable because
of insufficient funds, USCIS will resubmit the payment to the remitter
institution one time. If the instrument used to pay a fee is returned
as unpayable a second time, the filing may be rejected. Financial
instruments returned as unpayable for a reason other than insufficient
funds will not be redeposited. If a check or other financial instrument
used to pay a fee is dated more than one year before the request is
received, the payment and request may be rejected.
* * * * *
(b) * * *
(19) * * *
(iii) Secure identity documents. (A) USCIS will send secure
identification documents, such as a Permanent Resident Card or
Employment Authorization Document, only to the applicant or self-
petitioner unless the applicant or self-petitioner specifically
consents to having his or her secure identification document sent to a
designated agent, their attorney or accredited representative or
record, as specified on the form instructions.
(B) The designated agent, or attorney or accredited representative,
will be required to provide identification and sign for receipt of the
secure document.
* * * * *

Sec. 103.3 [Amended]

0
4. Section 103.3 is amended by removing ``Sec. 103.7 of this part''
and adding in its place ``8 CFR 106.2'' in paragraph (a)(2)(i).

Sec. 103.5 [Amended]

0
5. Section 103.5 is amended by removing ``Sec. 103.7'' and adding in
its place ``8 CFR 106.2'' in paragraph (a)(1)(iii)(B).
0
6. Section 103.7 is revised to read as follows:

Sec. 103.7 Fees.

(a) DOJ fees. Fees for proceedings before immigration judges and
the Board of Immigration Appeals are described in 8 CFR 1003.8,
1003.24, and 1103.7.
(1) USCIS may accept DOJ fees. Except as provided in 8 CFR 1003.8,
or as the Attorney General otherwise may provide by regulation, any fee
relating to any EOIR proceeding may be paid to USCIS. Payment of a fee
under this section does not constitute filing of the document with the
Board or with the immigration court. DHS will provide the payer with a
receipt for a fee and return any documents submitted with the fee
relating to any immigration court proceeding.
(2) DHS-EOIR biometric services fee. Fees paid to and accepted by
DHS relating to any immigration proceeding as provided in 8 CFR
1103.7(a)(3) must include an additional $30 for DHS to collect, store,
and use biometric information.
(3) Waiver of Immigration Court fees. An immigration judge or the
Board may waive any fees prescribed under this chapter for cases under
their jurisdiction to the extent provided in 8 CFR 1003.8 and 1003.24.
(b) USCIS fees. USCIS fees will be required as provided in 8 CFR
part 106.
(c) Remittances. Remittances to the Board of Immigration Appeals
must be made payable to the ``United States Department of Justice,'' in
accordance with 8 CFR 1003.8.
(d) Non-USCIS DHS immigration fees. The following fees are
applicable to one or more of the immigration components of DHS:
(1) DCL System Costs Fee. For use of a Dedicated Commuter Lane
(DCL) located at specific U.S. ports-of-entry by an approved
participant in a designated vehicle:
(i) $80.00, or
(ii) $160.00 for a family (applicant, spouse and minor children);
plus,
(iii) $42 for each additional vehicle enrolled.
(iv) The fee is due after approval of the application but before
use of the DCL.
(v) This fee is non-refundable, but may be waived by DHS.
(2) Petition for Approval of School for Attendance by Nonimmigrant
Student (Form I-17). (i) For filing a petition for school
certification: $3,000 plus, a site visit fee of $655 for each location
required to be listed on the form;
(ii) For filing a petition for school recertification: $1,250, plus
a site visit fee of $655 for each new location required to be listed on
the form.
(3) Form I-68. For application for issuance of the Canadian Border
Boat Landing Permit under section 235 of the Act:
(i) $16.00, or
(ii) $32 for a family (applicant, spouse and unmarried children
under 21 years of age, and parents of either spouse).
(4) Form I-94. For issuance of Arrival/Departure Record at a land
border port-of-entry: $6.00.
(5) Form I-94W. For issuance of Nonimmigrant Visa Waiver Arrival/
Departure Form at a land border port-of-entry under section 217 of the
Act: $6.00.
(6) Form I-246. For filing application for stay of deportation
under 8 CFR part 243: $155.00.
(7) Form I-823. For application to a PORTPASS program under section
286 of the Act:
(i) $25.00, or
(ii) $50.00 for a family (applicant, spouse, and minor children).
(iii) The application fee may be waived by DHS.
(iv) If fingerprints are required, the inspector will inform the
applicant of the current Federal Bureau of Investigation fee for
conducting fingerprint checks prior to accepting the application fee.
(v) The application fee (if not waived) and fingerprint fee must be
paid to CBP before the application will be processed. The fingerprint
fee may not be waived.
(vi) For replacement of PORTPASS documentation during the
participation period: $25.00.
(8) Fee Remittance for F, J, and M Nonimmigrants (Form I-901). The
fee for Form I-901 is:
(i) For F and M students: $350.
(ii) For J-1 au pairs, camp counselors, and participants in a
summer work or travel program: $35.
(iii) For all other J exchange visitors (except those participating
in a program sponsored by the Federal Government): $220.
(iv) There is no Form I-901 fee for J exchange visitors in
federally funded programs with a program identifier designation prefix
that begins with G-1, G-2, G-3, or G-7.
(9) Special statistical tabulations: The DHS cost of the work
involved.
(10) Monthly, semiannual, or annual ``Passenger Travel Reports via
Sea and Air'' tables:
(i) For the years 1975 and before: $7.00.
(ii) For after 1975: Contact: U.S. Department of Transportation,
Transportation Systems Center, Kendall Square, Cambridge, MA 02142.
(11) Request for Classification of a citizen of Canada to engage in
professional business activities pursuant to section 214(e) of the Act
(Chapter 16 of the North American Free Trade Agreement). $50.00.
(12) Request for authorization for parole of an alien into the
United States. $65.00.
(13) Global Entry. Application for Global Entry: $100.
(14) U.S. Asia-Pacific Economic Cooperation (APEC) Business Travel
Card. Application fee: $70.
(15) Notice of Appeal or Motion (Form I-290B) filed with ICE SEVP.
For a Form

[[Page 62359]]

I-290B filed with the Student and Exchange Visitor Program (SEVP):
$675.
0
7. Section 103.17 is revised to read as follows:

Sec. 103.17 Biometric services fee.

DHS may charge a fee to collect biometric information, to provide
biometric collection services, to conduct required national security
and criminal history background checks, to verify an individual's
identity, and to store and maintain this biometric information for
reuse to support other benefit requests. If a request for immigration
benefits must be submitted with a biometric services fee, 8 CFR part
106 will contain the requirement. When a biometric services fee is
required, a benefit request submitted without the correct biometric
services fee may be rejected.
0
8. Section 103.40 is revised to read as follows:

Sec. 103.40 Genealogical research requests.

(a) Nature of requests. Genealogy requests are requests for
searches and/or copies of historical records relating to a deceased
person, usually for genealogy and family history research purposes.
(b) Forms. (1) USCIS provides on its website at https://www.uscis.gov/genealogy the required forms in electronic versions:
Genealogy Index Search Request, or Genealogy Records Request.
(c) Required information. Genealogical Research Requests may be
submitted to request one or more separate records relating to an
individual. A separate request must be submitted for each individual
searched. All requests for records or index searches must include the
individual's:
(i) Full name (including variant spellings of the name and/or
aliases, if any).
(ii) Date of birth, at least as specific as a year.
(iii) Place of birth, at least as specific as a country and
preferably the country name at the time of the individual's immigration
or naturalization.
(d) Optional information. To better ensure a successful search, a
Genealogical Research Request may include each individual's:
(i) Date of arrival in the United States.
(ii) Residence address at time of naturalization.
(iii) Names of parents, spouse, and children if applicable and
available.
(d) Additional information required to retrieve records. For a
Genealogy Records Request, requests for copies of historical records or
files must:
(i) Identify the record by number or other specific data used by
the Genealogy Program Office to retrieve the record as follows:
(A) C-Files must be identified by a naturalization certificate
number.
(B) Forms AR-2 and A-Files numbered below 8 million must be
identified by Alien Registration Number.
(C) Visa Files must be identified by the Visa File Number. Registry
Files must be identified by the Registry File Number (for example, R-
12345).
(e) Information required for release of records. (1) Documentary
evidence must be attached to a Genealogy Records Request or submitted
in accordance with the instructions on the Genealogy Records Request
form.
(2) Search subjects will be presumed deceased if their birth dates
are more than 100 years before the date of the request. In other cases,
the subject is presumed to be living until the requestor establishes to
the satisfaction of USCIS that the subject is deceased.
(3) Documentary evidence of the subject's death is required
(including but not limited to death records, published obituaries or
eulogies, published death notices, church or bible records, photographs
of gravestones, and/or copies of official documents relating to payment
of death benefits).
(f) Index search. Requestors who are unsure whether USCIS has any
record of their ancestor, or who suspect a record exists but cannot
identify that record by number, may submit a request for index search.
An index search will determine the existence of responsive historical
records. If no record is found, USCIS will notify the requestor
accordingly. If records are found, USCIS will give the requestor
electronic copies of records stored in digital format for no additional
fee. For records found that are stored in paper format, USCIS will give
the requestor the search results, including the type of record found
and the file number or other information identifying the record. The
requestor can use index search results to submit a Genealogy Records
Request.
(g) Processing of paper record copy requests. This service is
designed for requestors who can identify a specific record or file to
be retrieved, copied, reviewed, and released. Requestors may identify
one or more files in a single request.

Sec. 103.41 [Removed and Reserved]

0
9. Section 103.41 is removed and reserved.
0
10. Part 106 is added to read as follows:

PART 106--USCIS FEE SCHEDULE

Sec.
106.1 Fee requirements.
106.2 Fees.
106.3 Fee waivers and exemptions.
106.4 Premium processing service.
106.5 Authority to certify records.
106.6 DHS severability.

Authority: 8 U.S.C. 1101, 1103, 1254a, 1254b, 1304, 1356; Pub.
L. 107-609; Pub. L. 115-218.

Sec. 106.1 Fee requirements.

(a) Fees must be submitted with any USCIS benefit request or other
request in the amount and subject to the conditions provided in this
part and remitted in the manner prescribed in the relevant form
instructions, on the USCIS website, or in a Federal Register document.
The fees established in this part are associated with the benefit, the
adjudication, or the type of request and not solely determined by the
form number listed below.
(b) Fees must be remitted from a bank or other institution located
in the United States and payable in U.S. currency. The fee must be paid
using the method that USCIS prescribes for the request, office, filing
method, or filing location, as provided in the form instructions or by
individual notice.
(c) If a remittance in payment of a fee or any other matter is not
honored by the bank or financial institution on which it is drawn:
(1) The provisions of 8 CFR 103.2(a)(7)(ii) apply, no receipt will
be issued, and if a receipt was issued, it is void and the benefit
request loses its receipt date; and
(2) If the benefit request was approved, the approval may be
revoked upon notice. If the approved benefit request requires multiple
fees, this provision will apply if any fee submitted is not honored.
Other fees that were paid for a benefit request that is revoked under
this provision will be retained and not refunded. A revocation of an
approval because the fee submitted is not honored may be appealed to
the USCIS Administrative Appeals Office, in accordance with 8 CFR 103.3
and the applicable form instructions.

Sec. 106.2 Fees.

(a) I Forms--(1) Application to Replace Permanent Resident Card,
Form I-90. For filing an application for a Permanent Resident Card,
Form I-551, to replace an obsolete card or to replace one lost,
mutilated, or destroyed, or for a change in name: $415.
(2) Application for Replacement/Initial Nonimmigrant Arrival-
Departure Document, Form I-102. For filing an application for Arrival/
Departure Record Form I-94, or Crewman's Landing Permit Form I-95, to
replace one lost, mutilated, or destroyed: $490.

[[Page 62360]]

(i) For nonimmigrant member of in the U.S. armed forces: No fee for
initial filing;
(ii) For a nonimmigrant member of the North Atlantic Treaty
Organization (NATO) armed forces or civil component: No fee for initial
filing;
(iii) For nonimmigrant member of the Partnership for Peace military
program under the Status of Forces Agreement (SOFA): No fee for initial
filing.
(3) Petition or Application for a Nonimmigrant Worker. For filing a
petition or application for a nonimmigrant worker:
(i) Petition for H-1B Nonimmigrant Worker or H-1B1 Free Trade
Nonimmigrant Worker, Form I-129H1: $560.
(ii) Petition for H-2A Nonimmigrant Worker, Form I-129H2A, with 1
to 25 named beneficiaries: $860.
(iii) Petition for H-2A Nonimmigrant Worker, Form I-129H2A, with
only unnamed beneficiaries: $425.
(iv) Petition for H-2B Nonimmigrant Worker, Form I-129H2B, with 1
to 25 named beneficiaries: $725.
(v) Petition for H-2B Nonimmigrant Worker, Form I-129H2B, with only
unnamed beneficiaries: $395.
(vi) Petition for L Nonimmigrant Worker, Form I-129L: $815.
(vii) Petition for O Nonimmigrant Worker, Form I-129O, with 1 to 25
named beneficiaries: $715.
(viii) Petition or Application for E, H-3, P, Q, R, or TN
Nonimmigrant Worker, Forms I-129E or I-129MISC, with 1 to 25 named
beneficiaries: $705.
(4) Petition for a CNMI-Only Nonimmigrant Transitional Worker, Form
I-129CW. For an employer to petition on behalf of beneficiaries in the
Commonwealth of the Northern Mariana Islands (CNMI): $705.
(i) Additional fees in 8 CFR 106.2(c) may apply.
(5) Petition for Alien Fianc[eacute](e), Form I-129F:
(i) For filing a petition to classify a nonimmigrant as a
fianc[eacute]e or fianc[eacute] under section 214(d) of the Act: $520.
(ii) For a K-3 spouse as designated in 8 CFR 214.1(a)(2) who is the
beneficiary of an immigrant petition filed by a U.S. citizen on a
Petition for Alien Relative, Form I-130: No fee.
(6) Petition for Alien Relative, Form I-130. For filing a petition
to classify status of a foreign national relative for issuance of an
immigrant visa under section 204(a) of the Act: $555.
(7) Application for Travel Document, Form I-131. For filing an
application for travel document:
(i) $145 for a Refugee Travel Document for someone 16 or older.
(ii) $115 for a Refugee Travel Document for a child under 16.
(iii) $585 for advance parole and any other travel document.
(iv) There is no fee for applicants who filed USCIS Form I-485 on
or after July 30, 2007, and before [EFFECTIVE DATE OF THE FINAL RULE],
and paid the Form I-485 fee, or for applicants for Special Immigrant
Status based on an approved Form I-360 as an Afghan or Iraqi
Interpreter, or Iraqi National employed by or on behalf of the U.S.
Government or Afghan National employed by the U.S. Government or the
International Security Assistance Forces (``ISAF'').
(8) Application for Carrier Documentation, Form I-131A. For filing
an application to allow a lawful permanent resident to apply for a
travel document (carrier documentation) to board an airline or other
transportation carrier to return to the United States: $1,010.
(9) Immigrant Petition for Alien Worker, 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: $545.
(10) Application for Relief Under Former Section 212(c) of the
Immigration and Nationality Act (INA), Form I-191. For filing an
application for discretionary relief under section 212(c) of the Act:
$800.
(11) Application for Advance Permission to Enter as a Nonimmigrant,
Form I-192. For filing an application for discretionary relief under
section 212(d)(3), (d)(13), or (d)(14) of the Act, except in an
emergency case or where the approval of the application is in the
interest of the U.S. Government: $1,415.
(12) Application for Waiver of Passport and/or Visa, Form I-193.
For filing an application for waiver of passport and/or visa: $2,790.
(13) Application for Permission to Reapply for Admission into the
United States After Deportation or Removal, Form I-212. For filing an
application for permission to reapply for admission by 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: $1,040.
(14) Notice of Appeal or Motion, Form I-290B. For appealing a
decision under the immigration laws in any type of proceeding over
which the Board of Immigration Appeals does not have appellate
jurisdiction: $705. The fee will be the same for appeal of a denial of
a benefit request with one or multiple beneficiaries. There is no fee
for an appeal or motion associated with a denial of a petition for a
special immigrant visa filed by or on behalf of an individual seeking
special immigrant status as an Iraqi or Afghan national who was
employed by or on behalf of the U.S. Government in Iraq or Afghanistan.
(15) Petition for Amerasian, Widow(er), or Special Immigrant, Form
I-360. For filing a petition for an Amerasian, Widow(er), or Special
Immigrant: $455. The following requests are exempt from this fee:
(i) A petition seeking classification as an Amerasian;
(ii) A self-petition for immigrant status as an abused spouse or
child of a U.S. citizen or lawful permanent resident or an abused
parent of a U.S. citizen son or daughter; or
(iii) A petition for special immigrant juvenile classification; or
(iv) A petition seeking special immigrant visa or status an Iraqi
or Afghan national who was employed by or on behalf of the U.S.
Government in Iraq or Afghanistan.
(16) Application to Register Permanent Residence or Adjust Status,
Form I-485. For filing an application for permanent resident status or
creation of a record of lawful permanent residence $1,120. There is no
fee if an applicant is filing as a refugee under section 209(a) of the
Act or for applicants for Special Immigrant Status based on an approved
Form I-360 as an Afghan or Iraqi Interpreter, or Iraqi National
employed by or on behalf of the U.S. Government or Afghan National
employed by the U.S. Government or the International Security
Assistance Forces (``ISAF'').
(17) Application to Adjust Status under Section 245(i) of the Act,
Form I-485 Supplement A. Supplement A to Form I-485 for persons seeking
to adjust status under the provisions of section 245(i) of the Act: A
sum of $1,000 must be paid while the applicant's Application to
Register Permanent Residence or Adjust Status is pending, unless
payment of the additional sum is not required under section 245(i) of
the Act.
(18) Immigrant Petition by Alien Entrepreneur, Form I-526. For
filing a petition for an alien entrepreneur: $4,015.
(19) Application To Extend/Change Nonimmigrant Status, Form I-539.
For filing an application to extend or change nonimmigrant status:
$400.
(i) For nonimmigrant A, G, and NATO: No fee.
(20) Application for Asylum and for Withholding of Removal, Form I-
589. For filing an application for asylum status: $50. There is no fee
for applications filed by unaccompanied

[[Page 62361]]

alien children who are in removal proceedings.
(21) Petition to Classify Orphan as an Immediate Relative, 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.
(i) There is no fee for the first Form I-600 filed for a child on
the basis of an approved Application for Advance Processing of an
Orphan Petition, Form I-600A, during the Form I-600A approval or
extended approval period.
(ii) Except as specified in (iii) below, if more than one Form I-
600 is filed during the Form I-600A approval period, the fee is $810
for the second and each subsequent Form I-600 petition submitted.
(iii) If more than one Form I-600 is filed during the Form I-600A
approval period on behalf of beneficiary birth siblings, no additional
fee is required.
(22) Application for Advance Processing of an Orphan Petition, Form
I-600A. For filing an application for determination of suitability and
eligibility to adopt an orphan: $810.
(23) Request for Action on Approved Form I-600A/I-600, Form I-600A/
I-600 Supplement 3. This filing fee is not charged if Form I-600A/I-600
Supplement 3 is filed in order to obtain a first extension of the
approval of the Form I-600A or to obtain a first time change of non-
Hague Adoption Convention country during the Form I-600A approval
period. If Form I-600A/I-600 Supplement 3 is filed in order to request
a new approval notice based on a significant change and updated home
study, the filing fee is charged unless a first extension of the Form
I-600A approval or first time change of non-Hague Adoption Convention
country is also being requested on the same Supplement 3. Second or
subsequent extensions of the approval of the Form I-600A, second or
subsequent changes of non-Hague Adoption Convention country, requests
for a new approval notice based on a significant change and updated
home study, and requests for a duplicate approval notice are permitted
with Form I-600A/I-600 Supplement 3 with the filing fee: $405. Form I-
600A/I-600 Supplement 3 cannot be used to extend eligibility to proceed
as a Hague Adoption Convention transition case beyond the first
extension once the Convention enters into force for the new Convention
country. Form I-600A/I-600 Supplement 3 cannot be used to request a
change of country to a Hague Adoption Convention transition country for
purposes of becoming a transition case if another country was already
designated on the Form I-600A or prior change of country request. Form
I-600A/I-600 Supplement 3 may only be used to request an increase the
number of children the applicant/petitioner is approved to adopt from a
transition country if the additional child is a birth sibling of a
child who the applicant/petitioner has adopted or is in the process of
adopting, as a transition case, and is identified and petitioned for
while the Form I-600A approval is valid, unless the new Convention
country prohibits such birth sibling cases from proceeding as
transition cases.
(24) Application for Waiver of Ground of Inadmissibility, Form I-
601. For filing an application for waiver of grounds of
inadmissibility: $985.
(25) Application for Provisional Unlawful Presence Waiver, Form I-
601A. For filing an application for provisional unlawful presence
waiver: $960.
(26) Application for Waiver of the Foreign Residence Requirement
(under Section 212(e) of the Immigration and Nationality Act, as
Amended), Form I-612. For filing an application for waiver of the
foreign-residence requirement under section 212(e) of the Act: $525.
(27) Application for Status as a Temporary Resident under Section
245A of the Immigration and Nationality Act, Form I-687. For filing an
application for status as a temporary resident under section 245A(a) of
the Act: $1,130.
(28) Application for Waiver of Grounds of Inadmissibility, 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: $770.
(29) Notice of Appeal of Decision under Sections 245A or 210 of the
Immigration and Nationality Act (or a petition under section 210A of
the Act), 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: $725.
(30) Application to Adjust Status from Temporary to Permanent
Resident (Under Section 245A of the INA), Form I-698. For filing an
application to adjust status from temporary to permanent resident
(under section 245A of Pub. L. 99-603): $1,615. The adjustment date is
the date of filing of the application for permanent residence or the
applicant's eligibility date, whichever is later.
(31) Petition to Remove Conditions on Residence, Form I-751. For
filing a petition to remove the conditions on residence based on
marriage: $760.
(32) Application for Employment Authorization, Form I-765: $490.
Application for Employment Authorization for Abused Nonimmigrant
Spouse, Form I-765V: No fee. There is no initial fee for:
(i) An applicant who filed USCIS Form I-485 on or after July 30,
2007, and before [EFFECTIVE DATE OF THE FINAL RULE], and paid the Form
I-485 fee;
(ii) Refugees and aliens paroled as refugee;
(iii) Victims of Severe Forms of Trafficking (T-1);
(iv) Nonimmigrant Victim of Criminal Activity (U-1);
(v) Dependents of certain government and internal organizations or
NATO personnel;
(vi) N-8 (Parent of alien classed as SK3) and N-9 (Child of N-8)
nonimmigrants;
(vi) VAWA Self-Petitioners;
(vii) Applicants for Special Immigrant Status based on an approved
Form I-360 as an Afghan or Iraqi Interpreter, or Iraqi National
employed by or on behalf of the U.S. Government or Afghan National
employed by the U.S. Government or the International Security
Assistance Forces (``ISAF''); and
(viii) Aliens granted asylee status (AS1, AS6).
(33) Petition to Classify Convention Adoptee as an Immediate
Relative, Form I-800. (i) There is no fee for the first Form I-800
filed for a child on the basis of an approved Application for
Determination of Suitability to Adopt a Child from a Convention
Country, Form I-800A, during the Form I-800A approval period.
(ii) Except as specified in paragraph (a)(33)(iii) of this section,
if more than one Form I-800 is filed during the Form I-800A approval
period, the fee is $810 for the second and each subsequent Form I-800
petition submitted.
(iii) If more than one Form I-800 is filed during the Form I-800A
approval period on behalf of beneficiary birth siblings, no additional
fee is required.
(34) Application for Determination of Suitability to Adopt a Child
from a Convention Country, Form I-800A. For filing an application for
determination of suitability and eligibility to adopt a child from a
Hague Adoption Convention country: $810.
(35) Request for Action on Approved Application for Determination
of Suitability to Adopt a Child from a Convention Country, Form I-800A,
Supplement 3. This filing fee is not charged if Form I-800A Supplement
3 is filed in order to obtain a first extension of the approval of the
Form I-

[[Page 62362]]

800A or to obtain a first time change of Hague Adoption Convention
country during the Form I-800A approval period. If Form I-800A
Supplement 3 is filed in order to request a new approval notice based
on a significant change and updated home study, the filing fee is
charged unless a first extension of the Form I-800A approval or first
time change of Hague Adoption Convention country is also being
requested on the same Supplement 3. Second or subsequent extensions of
the Form I-800A approval, second or subsequent changes of Hague
Adoption Convention country, requests for a new approval notice based
on a significant change and updated home study, and requests for a
duplicate approval notice are permitted with the filing of a Form I-
800A, Supplement 3 and the required filing fee: $405.
(36) Application for Family Unity Benefits, Form I-817. For filing
an application for voluntary departure under the Family Unity Program:
$590.
(37) Application for Temporary Protected Status, Form I-821. (i)
For first time applicants: $50 or the maximum permitted by section
244(c)(1)(B) of the Act.
(ii) There is no fee for re-registration.
(iii) A Temporary Protected Status (TPS) applicant or re-registrant
must pay $30 for biometric services unless exempted in the applicable
form instructions.
(38) Consideration of Deferred Action for Childhood Arrivals, Form
I-821D. (i) For first time requestors: $0.
(ii) The fee for renewal is $275.
(39) Application for Action on an Approved Application or Petition,
Form I-824. $500.
(40) Petition by Entrepreneur to Remove Conditions on Permanent
Resident Status, Form I-829. For filing a petition by entrepreneur to
remove conditions: $3,900.
(41) Application for Suspension of Deportation or Special Rule
Cancellation of Removal (Pursuant to Section 203 of Pub. L. 105-100),
Form I-881. (i) $1,800 for adjudication by DHS.
(ii) $165 for adjudication by EOIR. If the Form I-881 is referred
to the immigration court by DHS the $1,800 fee is required.
(42) Application for Authorization to Issue Certification for
Health Care Workers, Form I-905. $230.
(43) Request for Premium Processing Service, Form I-907. The
Request for Premium Processing Service fee will be as provided in 8 CFR
106.4.
(44) Application for Civil Surgeon Designation, Form I-910. $650.
(45) Application for T Nonimmigrant Status, Form I-914. No fee.
(46) Petition for U Nonimmigrant Status, Form I-918. No fee.
(47) Application for Regional Center Designation under the
Immigrant Investor Program, Form I-924. $17,795.
(48) Annual Certification of Regional Center, Form I-924A. To
provide updated information and certify that a Regional Center under
the Immigrant Investor Program has maintained its eligibility: $4,470.
(49) Petition for Qualifying Family Member of a U-1 Nonimmigrant,
Form I-929. For a principal U-1 nonimmigrant to request immigration
benefits on behalf of a qualifying family member who has never held U
nonimmigrant status: $1,515.
(50) Application for Entrepreneur Parole, Form I-941. For filing an
application for parole for an entrepreneur: $1,200.
(51) Public charge Bond, Form I-945. $25.
(52) Request for Cancellation of Public Charge Bond, Form I-356.
$25.
(b) N Forms--(1) Application to File Declaration of Intention, Form
N-300. For filing an application for declaration of intention to become
a U.S. citizen: $1,320.
(2) Request for a Hearing on a Decision in Naturalization
Proceedings (under section 336 of the Act), Form N-336. For filing a
request for hearing on a decision in naturalization proceedings under
section 336 of the Act: $1,755. There is no fee for an applicant who
has filed an Application for Naturalization under sections 328 or 329
of the Act with respect to military service and whose application has
been denied.
(3) Application for Naturalization, Form N-400. For filing an
application for naturalization: $1,170. No fee is charged an applicant
who meets the requirements of sections 328 or 329 of the Act with
respect to military service.
(4) Application to Preserve Residence for Naturalization Purposes,
Form N-470. For filing an application for benefits under section 316(b)
or 317 of the Act: $1,600.
(5) Application for Replacement Naturalization/Citizenship
Document, Form N-565. For filing an application for a certificate of
naturalization or declaration of intention in place 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: $545. There is no fee when this application
is submitted under 8 CFR 338.5(a) or 343a.1 to request correction of a
certificate that contains an error.
(6) Application for Certificate of Citizenship, Form N-600. For
filing an application for a certificate of citizenship under section
309(c) or section 341 of the Act: $1,015. There is no fee for any
application filed by a member or veteran of any branch of the U.S.
Armed Forces.
(7) Application for Citizenship and Issuance of Certificate Under
Section 322, Form N-600K. For filing an application for citizenship and
issuance of certificate under section 322 of the Act: $960.
(c) G Forms, Statutory Fees, and Non-Form Fees--(1) Genealogy Index
Search Request, Form G-1041: $240. The fee is due regardless of the
search results.
(2) Genealogy Records Request, Form G-1041A: $385. USCIS will
refund the records request fee when it is unable to locate any file
previously identified in response to the index search request.
(3) USCIS Immigrant Fee. For DHS domestic processing and issuance
of required documents after an immigrant visa is issued by the U.S.
Department of State: $200.
(4) American Competitiveness and Workforce Improvement Act (ACWIA)
fee. For filing certain H-1B petitions as described in 8 CFR
214.2(h)(19) and USCIS form instructions: $1,500 or $750.
(5) Fraud detection and prevention fee. (i) For filing certain H-1B
and L petitions as described in 8 U.S.C. 1184(c) and USCIS form
instructions: $500.
(ii) For filing certain H-2B petitions as described in 8 U.S.C.
1184(c) and USCIS form instructions: $150.
(6) Fraud detection and prevention fee for CNMI. For employer
petitions in CNMI as described in Public Law 115-218 and USCIS form
instructions: $50.
(7) CNMI education funding fee. The fee amount will be as
prescribed in the form instructions and:
(i) The fee amount must be paid in addition to, and in a separate
remittance from, other filing fees;
(ii) Every employer who is issued a permit must pay the education
funding fee every year;
(iii) An employer who is issued a permit with a validity period of
longer than 1 year must pay the fee for each year of requested validity
at the time the permit is requested;
(iv) Beginning in FY 2020, the fee may be adjusted once per year by
notice in the Federal Register based on the amount of inflation
according to the Consumer Price Index for All Urban

[[Page 62363]]

Consumers (CPI-U) since the fee was set by law at $200 on July 24,
2018.
(8) 9-11 Response and Biometric Entry-Exit Fee for H-1B Visa. For
all petitioners filing an H-1B petition who employ 50 or more employees
in the United States if more than 50 percent of the petitioner's
employees in the aggregate are in H-1B, L-1A or L-1B nonimmigrant
status, except for petitioners filing an amended petition without an
extension of stay request: $4,000. This fee will apply to petitions
filed on or before September 30, 2027.
(9) 9-11 Response and Biometric Entry-Exit Fee for L-1 Visa. For
all petitioners filing an L-1 petition who employ 50 or more employees
in the United States, if more than 50 percent of the petitioner's
employees in the aggregate are in H-1B, L-1A or L-1B nonimmigrant
status, except for petitioners filing an amended petition without an
extension of stay request: $4,500. This fee will apply to petitions
filed on or before September 30, 2027.
(10) Claimant under section 289 of the Act. No fee.

Sec. 106.3 Fee waivers and exemptions.

(a) Fee waiver. No fee relating to any benefit request submitted to
USCIS may be waived except as provided by section 245(l)(7) of the Act,
8 U.S.C. 1255(l)(7), any other law, or by regulation. Specifically, the
following categories of requestors may apply for a waiver of any fees
for an immigration benefit and any associated filing up to and
including an application for adjustment of status:
(1) Violence Against Women Act (VAWA) self-petitioners as defined
under INA 101(a)(51);
(2) T nonimmigrants;
(3) U nonimmigrants;
(4) Battered spouses of A, G, E-3, or H nonimmigrants;
(5) Battered spouses or children of a lawful permanent resident or
U.S. citizen as provided under INA 240A(b)(2); and
(6) Applicants for Temporary Protected Status.
(b) Director's exemption for individual requests. (1) The Director
of USCIS may authorize a waiver on an individual, case-by-case basis of
a form fee required by 8 CFR 106.2 that is not otherwise waivable under
this section if the Director determines that such action would be in
the public interest, the action is consistent with other applicable
law, and the waiver is related to one of the following:
(i) Asylees;
(ii) Refugees;
(iii) National security;
(iv) Emergencies or major disasters declared in accordance with 44
CFR part 206, subpart B;
(v) An agreement between the U.S. government and another nation or
nations; or
(vi) USCIS error.
(2) The Director may not approve an exception to the requirements
under paragraph (d) of this section. An applicant, petitioner, or
requestor may not directly submit a request that the Director exercise
this authority. This discretionary authority may be delegated only to
the USCIS Deputy Director.
(c) Director's exception. The Director of USCIS may authorize the
waiver, in whole or in part, of a form fee required by 8 CFR 106.2 that
is not otherwise waivable under this section, if the Director
determines that such action is an emergent circumstance, or if a major
natural disaster has been declared in accordance with 44 CFR part 206,
subpart B. This discretionary authority may be delegated only to the
USCIS Deputy Director. The Director may not waive the requirements of
paragraph (d) of this section.
(d) Eligibility for fee waiver. A waiver of fees is limited to an
alien with an annual household income at or below 125 percent of the
Federal Poverty Guidelines as updated periodically in the Federal
Register by the U.S. Department of Health and Human Services under the
authority of 42 U.S.C. 9902(2). In addition, a waiver of fees as
provided in paragraphs (b) and (c) of this section may not be provided
to a requestor who is seeking an immigration benefit for which he or
she:
(1) Is subject the affidavit of support requirements under section
213A of the Act, U.S.C. 1183a or is already a sponsored immigrant as
defined in 8 CFR 213a.1; or
(2) Is subject to the public charge inadmissibility ground under
section 212(a)(4) of the Act, 8 U.S.C. 1182(a)(4).
(e) Form required. A person must submit a request for a fee waiver
on the form prescribed by USCIS in accordance with the instructions on
the forms.
(f) Exemptions. The Director of USCIS may provide an exemption for
any fee required by 8 CFR 106.2. This discretionary authority may only
be delegated to the USCIS Deputy Director. The Director must determine
that such action would be in the public interest, the action is
consistent with the applicable law, and the exemption is related to one
of the following:
(1) Asylees;
(2) Refugees;
(3) National security;
(4) Emergencies or major disasters declared in accordance with 44
CFR part 206, subpart B;
(5) An agreement between the U.S. government and another nation or
nations; or
(6) USCIS error.
(g) Documentation of gross household income. A person submitting a
request for a fee waiver must submit the following documents as
evidence of annual gross household income:
(1) A transcript(s) from the United States Internal Revenue Service
(IRS) of the person's IRS Form 1040, U.S. Individual Income Tax Return;
(2) If the person was not required to file a Federal income tax
return, he or she must submit their most recent IRS Form W-2, Wage and
Tax Statement, Form 1099G, Certain Government Payments, or Social
Security Benefit Form SSA-1099, if applicable;
(3) If the person filed a Federal income tax return, and has
recently changed employment or had a change in salary, the person must
also submit copies of consecutive pay statements (stubs) for the most
recent month or longer;
(4) If the person does not have income and has not filed income tax
returns, he or she must submit documentation from the IRS that
indicates that no Federal income tax transcripts and no IRS Form W-2s
were found.

Sec. 106.4 Premium processing service.

(a) General. A person submitting a request to USCIS may request 15
business-day processing of certain employment-based immigration benefit
requests.
(b) Submitting a request. A request must be submitted on the form
prescribed by USCIS and prepared and submitted in accordance with the
form instructions. If the request for premium processing is submitted
together with the underlying benefit request, all required fees in the
correct amount must be paid.
(c) Fee amount. The fee amount will be prescribed in the form
instructions and:
(1) Must be paid in addition to, and in a separate remittance from,
other filing fees.
(2) May be adjusted once per year by notice in the Federal Register
based on the amount of inflation according to the Consumer Price Index
(CPI) since the fee was set by law at $1,000 on June 1, 2001.
(d) 15-day limitation. USCIS will refund the premium processing
service fee, but continue to process the case if:
(1) USCIS does not issue a notice of any adjudicative action by the
end of the 15th business day from the date USCIS accepted a properly
filed request for premium processing for an eligible

[[Page 62364]]

employment-based immigration benefit request, including all required
fees. The adjudicative action is evidenced by the notification of, but
not necessarily receipt of, an approval, denial, request for evidence
(RFE) or notice of intent to deny (NOID); or
(2) USCIS does not issue a notice of a subsequent adjudicative
action by the end of the 15th business-day from the date USCIS received
the response to an RFE or NOID. In premium processing cases where USCIS
issues an RFE or NOID within 15 business days from the initial date of
acceptance, a new 15-day period begins on the date that USCIS receives
the response to the RFE or NOID.
(3) USCIS may retain the premium processing fee and not reach a
conclusion on the request within 15 business days, and not notify the
person who filed the request, if USCIS opens an investigation for fraud
or misrepresentation relating to the benefit request.
(e) Requests eligible for premium processing. (1) USCIS will
designate the categories of employment-based benefit requests that are
eligible for premium processing.
(2) USCIS will announce by its official internet website, currently
http://www.uscis.gov, those requests for which premium processing may
be requested, the dates upon which such availability commences and
ends, and any conditions that may apply.

Sec. 106.5 Authority to certify records.

The Director of USCIS, or such officials as he or she may
designate, may certify records when authorized under 5 U.S.C. 552 or
any other law to provide such records.

Sec. 106.6 DHS severability.

The provisions of this part are separate and severable from one
another. If any provision is stayed or determined to be invalid, the
remaining provisions will continue in effect.

PART 204--IMMIGRANT PETITIONS

0
11. The authority citation for part 204 continues to read as follows:

Authority: 8 U.S.C. 1101, 1103, 1151, 1153, 1154, 1182, 1184,
1186a, 1255, 1641; 8 CFR part 2.

0
12. Section 204.3 is amended:

0
a. In paragraph (b), in the definition of ``Orphan petition'', by
revising the second sentence;
0
b. By revising the fourth fifth sentences of paragraph (d) introductory
text; and
0
c. By revising paragraphs (h)(3)(i) and (ii) and (h)(7) and (13).
The revisions read as follows:

Sec. 204.3 Orphan cases under section 101(b)(1)(F) of the Act (non-
Hague Adoption Convention cases).

* * * * *
(b) * * *
Orphan petition means * * * The petition must be completed in
accordance with the form's instructions and submitted with the required
supporting documentation and, if there is not a pending, or currently
valid and approved advanced processing application, the fee as required
in 8 CFR 106.2. * * *
* * * * *
(d) * * * If the prospective adoptive parents fail to file the
orphan petition within the approval validity period of the advanced
processing application, the advanced processing application will be
deemed abandoned pursuant to paragraph (h)(7) of this section. If the
prospective adoptive parents file the orphan petition after the
approval period of the advanced processing application has expired, the
petition will be denied pursuant to paragraph (h)(13) of this section.
* * *
* * * * *
(h) * * *
(3) * * *
(i) If the advanced processing application is approved, the
prospective adoptive parents will be advised in writing. A notice of
approval expires 15 months after the date on which USCIS received the
FBI response on the applicant's, and any additional adult member of the
household's, biometrics, unless approval is revoked. If USCIS received
the responses on different days, the 15-month period begins on the
earliest response date. The notice of approval will specify the
expiration date. USCIS may extend the validity period for the approval
of a Form I-600A as provided in paragraph (h)(3)(ii) of this section or
if requested in accordance with 8 CFR 106.2(a)(23). During this time,
the prospective adoptive parents may file an orphan petition for one
orphan without fee. If the Form I-600A approval is for more than one
orphan, the prospective adoptive parents may file a petition for each
of the additional children, to the maximum number approved. If the
orphans are birth siblings, no additional fee is required. If the
orphans are not birth siblings, an additional fee is required for each
orphan beyond the first orphan. Approval of an advanced processing
application does not guarantee that the orphan petition will be
approved.
(ii) If the USCIS Director, or an officer designated by the USCIS
Director, determines that the ability of a prospective adoptive parent
to timely file a petition has been adversely affected by the outbreak
of a public health or other emergency in a foreign country, such
Director or designated officer may extend the validity period of the
approval of the advance processing application, either in an individual
case or for a class of cases. An extension of the validity of the
approval of the advance processing application may be subject to such
conditions as the USCIS Director, or officer designated by the USCIS
Director may establish.
* * * * *
(7) Advanced processing application deemed abandoned for failure to
file orphan petition within the approval validity period of the
advanced processing application. If an orphan petition is not properly
filed within 15 months of the approval date of the advanced processing
application, the application will be deemed abandoned. Supporting
documentation will be returned to the prospective adoptive parents,
except for documentation submitted by a third party which will be
returned to the third party, and documentation relating to the
fingerprint checks. The director will dispose of documentation relating
to biometrics checks in accordance with current policy. Such
abandonment will be without prejudice to a new filing at any time with
fee.
* * * * *
(13) Orphan petition denied: Petitioner files orphan petition after
the approval of the advanced processing application has expired. If the
petitioner files the orphan petition after the advanced processing
application has expired, the petition will be denied. This action will
be without prejudice to a new filing at any time with fee.
* * * * *
0
13. Section 204.5 is amended:
0
a. In the definition of ``Petition'' in paragraph (m)(5) by removing
``8 CFR 103.7(b)(1)'' and adding in its place ``8 CFR 106.2''; and
0
b. By revising paragraph (p)(4).
The revision reads as follows:

Sec. 204.5 Petitions for employment-based immigrants.

* * * * *
(p) * * *
(4) Application for employment authorization. To request employment
authorization, an eligible applicant described in paragraph (p)(1),
(2), or (3) of this section must file an application for employment
authorization (Form I-765), with USCIS, in accordance with 8 CFR
274a.13(a) and the form

[[Page 62365]]

instructions. Such applicant is subject to the collection of his or her
biometric information as provided in the form instructions. Employment
authorization under this paragraph may be granted solely in 1-year
increments, but not to exceed the period of the alien's authorized
admission.
* * * * *

Sec. 204.6 [Amended]

0
14. Section 204.6 is amended by removing ``8 CFR 103.7(b)(1)(i)(XX)''
and adding in its place ``8 CFR 106.2'' in paragraph (m)(6)(i)(C).

Sec. 204.310 [Amended]

0
15. Section 204.310 is amended by removing ``8 CFR 103.7(b)(1)'' and
adding in its place ``8 CFR 106.2'' and by removing and reserving
paragraph (a)(3)(ii).

Sec. 204.311 [Amended]

0
16. Section 204.311 is amended by removing ``8 CFR 103.7(b)(1)'' and
adding in its place ``8 CFR 106.2'' in paragraph (u)(4).
0
17. Section 204.312 is amended by revising paragraph (e)(3)(i)
introductory text to read as follows:

Sec. 204.312 Adjudication of the Form I-800A.

* * * * *
(e) * * *
(3)(i) If the 15-month validity period for a Form I-800A approval
is about to expire, the applicant may file Form I-800A Supplement 3,
with the filing fee under 8 CFR 106.2, if required. The applicant may
not file a Form I-800A Supplement 3 seeking extension of an approval
notice more than 90 days before the expiration of the validity period
for the Form I-800A approval, but must do so on or before the date on
which the validity period expires. The applicant is not required to pay
the Form I-800A Supplement 3 filing fee for the first request to extend
the approval of a Form I-800A, or to obtain a first time change of
Hague Convention country during the Form I-800A approval period. If the
applicant files a second or subsequent Form I-800A Supplement 3 to
obtain a second or subsequent extension or a second or subsequent
change of Hague Convention country, then, the applicant must pay the
Form I-800A Supplement 3 filing fee, as specified in 8 CFR 106.2, for
the second, or any subsequent, Form I-800A Supplement 3 that is filed.
Any Form I-800A Supplement 3 that is filed to obtain an extension of
the approval of a Form I-800A or a change of Hague Convention country
must be accompanied by:
* * * * *

Sec. 204.313 [Amended]

0
18. Section 204.313 is amended by removing ``8 CFR 103.7(b)(1)'' and
adding in its place ``8 CFR 106.2'' in the next to last sentence of
paragraph (a) and by adding the word ``birth'' before ``siblings'' in
the last sentence of paragraph (a).
* * * * *

PART 211--DOCUMENTARY REQUIREMENTS: IMMIGRANTS; WAIVERS

0
19. The authority citation for part 211 continues to read as follows:

Authority: 8 U.S.C. 1101, 1103, 1181, 1182, 1203, 1225, 1257; 8
CFR part 2.

Sec. 211.1 [Amended]

0
20. Section 211.1 is amended by removing ``8 CFR 103.7(b)(1)'' and
adding in its place ``8 CFR 106.2'' in paragraph (b)(3).

Sec. 211.2 [Amended]

0
21. Section 211.2 is amended by removing ``8 CFR 103.7(b)(1)'' and
adding in its place ``8 CFR 106.2'' in paragraph (b).

PART 212--DOCUMENTARY REQUIREMENTS: NONIMMIGRANTS; WAIVERS;
ADMISSION OF CERTAIN INADMISSIBLE ALIENS; PAROLE

0
22. The authority citation for part 212 continues to read as follows:

Authority: 6 U.S.C. 111, 202(4) and 271; 8 U.S.C. 1101 and
note, 1102, 1103, 1182 and note, 1184, 1185 note (section 7209 of
Pub. L. 108-458), 1187, 1223, 1225, 1226, 1227, 1255, 1359; 8 CFR
part 2.

Sec. 212.2 [Amended]

0
23. Section 212.2 is amended by removing ``8 CFR 103.7(b)(1)'' and
adding in its place ``8 CFR 106.2'' in paragraphs (b)(1), (c)(1)(ii),
(d), and (g)(1).

Sec. 212.3 [Amended]

0
24. Section 212.3 is amended by removing ``8 CFR 103.7(b)(1)'' and
adding in its place ``8 CFR 106.2'' in paragraph (a).

Sec. 212.4 [Amended]

0
25. Section 212.4 is amended by removing ``8 CFR 103.7(b)(1)'' and
adding in its place ``8 CFR 106.2'' in paragraph (b).

Sec. 212.7 [Amended]

0
26. Section 212.7 is amended:
0
a. By removing ``8 CFR 103.7(b)(1)'' and adding in its place ``8 CFR
106.2'' in paragraph (a)(1); and
0
b. By removing ``8 CFR 103.7(b)'' and adding in its place ``8 CFR
106.2'' in paragraphs (e)(1) and (e)(5)(i).

Sec. 212.15 [Amended]

0
27. Section 212.15 is amended by removing ``8 CFR 103.7(b)(1)'' and
adding in its place ``8 CFR 106.2'' in paragraph (j)(2)(ii).

Sec. 212.18 [Amended]

0
28. Section 212.18 is amended by removing ``8 CFR 103.7(b)(1)'' and
adding in its place ``8 CFR 106.2'' in paragraphs (a)(2).
0
29. Section 212.19 is amended by revising paragraphs (b)(1), (c)(1),
(e), (h)(1), and (j) to read as follows:

Sec. 212.19 Parole for entrepreneurs.

* * * * *
(b) * * *
(1) Filing of initial parole request form. An alien seeking an
initial grant of parole as an entrepreneur of a start-up entity must
file Form I-941, Application for Entrepreneur Parole, with USCIS, with
the required fee, and supporting documentary evidence in accordance
with this section and the form instructions, demonstrating eligibility
as provided in paragraph (b)(2) of this section.
* * * * *
(c) * * *
(1) Filing of re-parole request form. Before expiration of the
initial period of parole, an entrepreneur parolee may request an
additional period of parole based on the same start-up entity that
formed the basis for his or her initial period of parole granted under
this section. To request such parole, an entrepreneur parolee must
timely file Form I-941, Application for Entrepreneur Parole, with
USCIS, with the required fee and supporting documentation in accordance
with the form instructions, demonstrating eligibility as provided in
paragraph (c)(2) of this section.
* * * * *
(e) Collection of biometric information. An alien seeking an
initial grant of parole or re-parole before [EFFECTIVE DATE OF FINAL
RULE] will be required to submit biometric information. An alien
seeking an initial grant of parole or re-parole may be required to
submit biometric information.
* * * * *
(h) * * *
(1) The entrepreneur's spouse and children who are seeking parole
as derivatives of such entrepreneur must individually file Form I-131,
Application for Travel Document. Such application must also include
evidence that the derivative has a qualifying relationship to the
entrepreneur and otherwise merits a grant of parole in the

[[Page 62366]]

exercise of discretion. Such spouse or child will be required to appear
for collection of biometrics in accordance with the form instructions
or upon request.
* * * * *
(j) Reporting of material changes. An alien granted parole under
this section must immediately report any material change(s) to USCIS.
If the entrepreneur will continue to be employed by the start-up entity
and maintain a qualifying ownership interest in the start-up entity,
the entrepreneur must submit a form prescribed by USCIS, with any
applicable fee in accordance with the form instructions to notify USCIS
of the material change(s). The entrepreneur parolee must immediately
notify USCIS in writing if he or she will no longer be employed by the
start-up entity or ceases to possess a qualifying ownership stake in
the start-up entity.
* * * * *

PART 214--NONIMMIGRANT CLASSES

0
30. The authority citation for part 214 continues to read as follows:

Authority: 6 U.S.C. 202, 236; 8 U.S.C. 1101, 1102, 1103, 1182,
1184, 1186a, 1187, 1221, 1281, 1282, 1301-1305, 1356, and 1372; sec.
643, Pub. L. 104-208, 110 Stat. 3009-708; Public Law 106-386, 114
Stat. 1477-1480; section 141 of the Compacts of Free Association
with the Federated States of Micronesia and the Republic of the
Marshall Islands, and with the Government of Palau, 48 U.S.C. 1901
note, and 1931 note, respectively; 48 U.S.C. 1806; 8 CFR part 2.

0
31. Section 214.1 is amended:
0
a. By removing ``8 CFR 103.7(b)(1)'' and adding in its place ``8 CFR
106.2'' in paragraph (c)(1);
0
b. By removing ``Sec. 103.7 of this chapter'' and adding in its place
``8 CFR 106.2'' in paragraph (c)(2);
0
c. By revising paragraph (c)(5); and
0
d. By removing:
0
i. ``a Form I-129'' and adding in its place ``an application or
petition'' in the first sentence of paragraph (j) introductory text;
and
0
ii. ``Form I-129'' and adding in its place ``application or petition''
in the second and third sentences of paragraph (j) introductory text.
The revision reads as follows:

Sec. 214.1 Requirements for admission, extension, and maintenance of
status.

* * * * *
(c) * * *
(5) Decision on application for extension or change of status.
Where an applicant or petitioner demonstrates eligibility for a
requested extension, it may be granted at the discretion of USCIS. The
denial of an application for extension of stay may not be appealed.
* * * * *
0
32. Amend Sec. 214.2:
0
a. By revising paragraph (e)(8)(iii), the first sentence of paragraph
(e)(8)(iv) introductory text, paragraphs (e)(8)(iv)(B), and (e)(8)(v);
0
b. By removing ``Form I-129 and E Supplement'' and adding in its place
``the form prescribed by USCIS'' in paragraphs (e)(20) introductory
text and in two places in paragraph (e)(21)(i);
0
c. By revising paragraph (e)(23)(viii);
0
d. By removing and reserving paragraph (e)(23)(xv);
0
e. By removing either ``8 CFR 103.7'', ``8 CFR 103.7(b)'' or ``8 CFR
103.7(b)(1)'' and adding in their places ``8 CFR 106.2'' in paragraphs
(f)(9)(ii)(F)(1), (h)(19)(ii), (m)(14)(ii), and (r)(3), (5), and (13);
0
f. By removing ``Form I-129'' and adding in its place ``application or
petition'' wherever it appears in paragraphs (h)(1)(i)(B), (h)(6)(vii),
(l)(14)(ii) introductory text, and (o)(2)(iv)(G);
0
g. By revising paragraphs (h)(2)(i)(A), (h)(2)(ii), and (h)(5)(i)(B);
0
h. By removing ``I-129'' and adding in its place ``the form prescribed
by USCIS'' in paragraph (h)(6)(iii)(E);
0
i. By removing ``Petition for Nonimmigrant Worker (Form I-129)'' and
adding in its place ``the form prescribed by USCIS'' in paragraph
(h)(19)(vi)(A);
0
j. By revising paragraphs (h)(19)(i), (m)(14)(ii) introductory text,
and (o)(2)(iv)(F);
0
k. By removing ``Form I-129'' and adding in its place ``an application
or petition'' in the first sentence of paragraph (o)(12)(i);
0
l. By revising paragraph (p)(2)(iv)(F);
0
m. By removing ``Form I-129'' and adding in its place ``application or
petition'' wherever it appears in paragraph (p)(2)(iv)(C)(2), the
second sentence of paragraph (q)(3)(i), and paragraphs (q)(4)(i) and
(q)(6);
0
n. By removing ``Form I-129'' and adding in its place ``the form
prescribed by USCIS'' in paragraphs (h)(2)(i)(D), (h)(5)(i)(A),
(h)(11)(i)(A), (h)(14), (h)(15)(i), (l)(2)(ii), (l)(3) introductory
text, (l)(4)(iv) introductory text, (l)(5)(ii)(F), (l)(15)(i),
(l)(17)(i), (o)(2)(iv)(D), (p)(13), (p)(14)(i), (q)(4)(iii), and in the
second sentence of paragraph (q)(5)(i);
0
o. By removing ``Form I-129, Petition for Nonimmigrant Worker'' and
adding in its place ``the form prescribed by USCIS'' in its place in
paragraphs (l)(2)(i), (l)(5)(ii)(F), (o)(2)(i), (o)(11), (p)(2)(i),
(q)(3)(i), and the first sentence of paragraph (q)(5)(i);
0
p. By removing ``Form I-129 petition'' and adding in its place
``application or petition'' in paragraph (p)(2)(iv)(H); and
0
q. By revising paragraph (r)(3) introductory text and the definition of
``Petitions'' in paragraph (r)(3) and revising paragraphs (r)(5),
(w)(5), (w)(14)(iii), and (w)(15).
The revisions read as follows:

Sec. 214.2 Special requirements for admission, extension, and
maintenance of status.

* * * * *
(e) * * *
(8) * * *
(iii) Substantive changes. Approval of USCIS must be obtained where
there will be a substantive change in the terms or conditions of E
status. The treaty alien must file a new application in accordance with
the instructions on the form prescribed by USCIS requesting extension
of stay in the United States, plus evidence of continued eligibility
for E classification in the new capacity. Or the alien may obtain a
visa reflecting the new terms and conditions and subsequently apply for
admission at a port-of-entry. USCIS will deem there to have been a
substantive change necessitating the filing of a new application where
there has been a fundamental change in the employing entity's basic
characteristics, such as a merger, acquisition, or sale of the division
where the alien is employed.
(iv) Non-substantive changes. Neither prior approval nor a new
application is required if there is no substantive, or fundamental,
change in the terms or conditions of the alien's employment which would
affect the alien's eligibility for E classification. * * *
(B) Request a new approval notice reflecting the non-substantive
change by filing an application with a description of the change, or;
* * * * *
(v) Advice. To request advice from USCIS as to whether a change is
substantive, an alien may file an application with a complete
description of the change. In cases involving multiple employees, an
alien may request that USCIS determine if a merger or other corporate
restructuring requires the filing of separate applications by filing a
single application and attaching a list of the related receipt numbers
for the employees involved and an explanation of the change or changes.
* * * * *
(23) * * *
(viii) Information for background checks. USCIS may require an
applicant for E-2 CNMI Investor status, including

[[Page 62367]]

but not limited to any applicant for derivative status as a spouse or
child, to submit biometrics as required under 8 CFR 103.16.
* * * * *
(h) * * *
(2) Petitions--(i) Filing of petitions--(A) General. A United
States employer seeking to classify an alien as an H-1B, H-2A, H-2B, or
H-3 temporary employee must file a petition on the form prescribed by
USCIS in accordance with the form instructions.
* * * * *
(ii) Multiple beneficiaries. Up to 25 named beneficiaries may be
included in an H-1C, H-2A, H-2B, or H-3 petition if the beneficiaries
will be performing the same service, or receiving the same training,
for the same period, and in the same location. If more than 25 named
beneficiaries are being petitioned for, an additional petition is
required. Petitions for H-2A and H-2B workers from countries not
designated in accordance with paragraph (h)(6)(i)(E) of this section
must be filed separately.
* * * * *
(5) * * *
(i) * * *
(B) Multiple beneficiaries. The total number of beneficiaries of a
petition or series of petitions based on the same temporary labor
certification may not exceed the number of workers indicated on that
document. A single petition can include more than one named beneficiary
if the total number is 25 or less and does not exceed the number of
positions indicated on the relating temporary labor certification.
* * * * *
(19) * * *
(i) A United States employer (other than an exempt employer defined
in paragraph (h)(19)(iii) of this section, or an employer filing a
petition described in paragraph (h)(19)(v) of this section) who files a
petition or application must include the additional American
Competitiveness and Workforce Improvement Act (ACWIA) fee referenced in
8 CFR 106.2, if the petition is filed for any of the following
purposes:
* * * * *
(m) * * *
(14) * * *
(ii) Application. A M-1 student must apply for permission to accept
employment for practical training on Form I-765, with fee as contained
in 8 CFR part 106, accompanied by a properly endorsed Form I-20 by the
designated school official for practical training. The application must
be submitted before the program end date listed on the student's Form
I-20 but not more than 90 days before the program end date. The
designated school official must certify on Form I-538 that--
* * * * *
(o) * * *
(2) * * *
(iv) * * *
(F) Multiple beneficiaries. More than one O-2 accompanying alien
may be included on a petition if they are assisting the same O-1 alien
for the same events or performances, during the same period, and in the
same location. Up to 25 named beneficiaries may be included per
petition.
* * * * *
(p) * * *
(2) * * *
(iv) * * *
(F) Multiple beneficiaries. More than one beneficiary may be
included in a P petition if they are members of a team or group, or if
they will provide essential support to P-1, P-2, or P-3 beneficiaries
performing in the same location and in the same occupation. Up to 25
named beneficiaries may be included per petition.
* * * * *
(r) * * *
(3) Definitions. As used in this section, the term:
* * * * *
Petition means the form or as may be prescribed by USCIS, a
supplement containing attestations required by this section, and the
supporting evidence required by this part.
* * * * *
(5) Extension of stay or readmission. An R-1 alien who is
maintaining status or is seeking readmission and who satisfies the
eligibility requirements of this section may be granted an extension of
R-1 stay or readmission in R-1 status for the validity period of the
petition, up to 30 months, provided the total period of time spent in
R-1 status does not exceed a maximum of five years. A Petition for a
Nonimmigrant Worker to request an extension of R-1 status must be filed
by the employer with a supplement prescribed by USCIS containing
attestations required by this section, the fee specified in 8 CFR part
106, and the supporting evidence, in accordance with the applicable
form instructions.
* * * * *
(w) * * *
(5) Petition requirements. An employer who seeks to classify an
alien as a CW-1 worker must file a petition with USCIS and pay the
requisite petition fee plus the CNMI education funding fee and the
fraud prevention and detection fee as prescribed in the form
instructions and 8 CFR part 106. If the beneficiary will perform
services for more than one employer, each employer must file a separate
petition with fees with USCIS.
* * * * *
(14) * * *
(iii) If the eligible spouse and/or minor child(ren) are present in
the CNMI, the spouse or child(ren) may apply for CW-2 dependent status
on Form I-539 (or such alternative form as USCIS may designate) in
accordance with the form instructions. The CW-2 status may not be
approved until approval of the CW-1 petition.
(15) Biometrics and other information. The beneficiary of a CW-1
petition or the spouse or child applying for a grant or, extension of
CW-2 status, or a change of status to CW-2 status, must submit
biometric information as requested by USCIS.
* * * * *

Sec. 214.3 [Amended]

0
33. Section 214.3 is amended:
0
a. By removing ``8 CFR 103.7(b)(1)'' and adding in its place ``8 CFR
106.2'' in paragraph (h)(1)(i); and
0
b. By removing ``8 CFR 103.7(b)(1)(ii)(B)'' and adding in its place ``8
CFR 103.7(d)(2)'' in paragraph (h)(2) introductory text.

Sec. 214.6 [Amended]

0
34. Section 214.6 is amended by removing ``8 CFR 103.7(b)(1)'' and
adding in its place ``8 CFR 106.2'' in paragraphs (g)(1), (h)(1)(i),
(h)(2), and (i)(2).

Sec. 214.11 [Amended]

0
35. Section 214.11 is amended by removing ``8 CFR 103.7(b)(1)'' and
adding in its place ``8 CFR 106.2'' in paragraphs (d)(2)(iii) and
(k)(1).
0
36. Section 214.14 is amended by revising paragraphs (c)(1)
introductory text to read as follows:

Sec. 214.14 Alien victims of certain qualifying criminal activity.

* * * * *
(c) * * *
(1) Filing a petition. USCIS has sole jurisdiction over all
petitions for U nonimmigrant status. An alien seeking U-1 nonimmigrant
status must submit, Form I-918, Petition for U Nonimmigrant Status, and
initial evidence to USCIS in accordance with this paragraph and the
instructions to Form I-918. A petitioner who received interim relief is
not required to submit initial evidence with Form I-918 if he or she
wishes to rely on the law enforcement certification and other

[[Page 62368]]

evidence that was submitted with the request for interim relief.
* * * * *

PART 216--CONDITIONAL BASIS OF LAWFUL PERMANENT RESIDENCE STATUS

0
37. The authority citation for part 216 continues to read as follows:

Authority: 8 U.S.C. 1101, 1103, 1154, 1184, 1186a, 1186b, and 8
CFR part 2.

Sec. 216.4 [Amended]

0
38. Section 216.4 is amended by removing ``Sec. 103.7(b) of this
chapter'' and adding in its place ``8 CFR 106.2'' in paragraph (a)(1).

Sec. 216.5 [Amended]

0
39. Section 216.5 is amended by removing ``Sec. 103.7(b) of this
Chapter '' and adding in its place ``8 CFR 106.2'' in paragraph (b).

Sec. 216.6 [Amended]

0
40. Section 216.6 is amended by removing ``8 CFR 103.7(b)(1) of this
chapter '' and adding in its place ``8 CFR 106.2'' in paragraph (a)(1).

PART 217--VISA WAIVER PROGRAM

0
41. The authority citation for part 217 continues to read as follows:

Authority: 8 U.S.C. 1103, 1187; 8 CFR part 2.

Sec. 217.2 [Amended]

0
42. Section 217.2 is amended by removing ``Sec. 103.7(b)(1)'' and
adding in its place ``8 CFR 103.7(d)(4)'' in its place in paragraph
(c)(2).

PART 223--REENTRY PERMITS, REFUGEE TRAVEL DOCUMENTS, AND ADVANCE
PAROLE DOCUMENTS

0
43. The authority citation for part 223 continues to read as follows:

Authority: 8 U.S.C. 1103, 1181, 1182, 1186a, 1203, 1225, 1226,
1227, 1251; Protocol Relating to the Status of Refugees, November 1,
1968, 19 U.S.T. 6223 (TIAS) 6577; 8 CFR part 2.

Sec. 223.2 [Amended]

0
44. Section 223.2 is amended by removing ``8 CFR 103.7(b)(1)'' and
adding in its place ``8 CFR 106.2'' in paragraph (a).

PART 235--INSPECTION OF PERSONS APPLYING FOR ADMISSION

0
45. The authority citation for part 235 continues to read as follows:

Authority: 8 U.S.C. 1101 and note, 1103, 1183, 1185 (pursuant to
E.O. 13323, 69 FR 241, 3 CFR, 2004 Comp., p.278), 1201, 1224, 1225,
1226, 1228, 1365a note, 1365b, 1379, 1731-32; Title VII of Public
Law 110-229; 8 U.S.C. 1185 note (section 7209 of Pub. L. 108-458);
Pub. L. 112-54.

Sec. 235.1 [Amended]

0
46. Section 235.1 is amended by removing ``Sec. 103.7(b)(1) of this
chapter'' and adding in its place ``8 CFR 103.7(d)(3)'' in paragraphs
(g)(1)(iii) and (g)(2).

Sec. 235.7 [Amended]

0
47. Section 235.7 is amended by removing ``Sec. 103.7(b)(1) of this
chapter'' and ``Sec. 103.7(b)(1)'' and adding in their place ``8 CFR
103.7(d)(7)'' in paragraph (a)(4)(v).

Sec. 235.12 [Amended]

0
48. Section 235.12 is amended by removing ``8 CFR 103.7(b)(1)(ii)(M)''
and adding in its place ``8 CFR 103.7(d)(13)'' in paragraph (d)(2).

Sec. 235.13 [Amended]

0
49. Section 235.13 is amended by removing ``8 CFR 103.7(b)(1)(ii)(N)''
and adding in its place ``8 CFR 103.7(d)(14)'' in paragraph (c)(5).

PART 236--APPREHENSION AND DETENTION OF INADMISSIBLE AND DEPORTABLE
ALIENS; REMOVAL OF ALIENS ORDERED REMOVED

0
50. The authority citation for part 236 continues to read as follows:

Authority: 5 U.S.C. 301, 552, 552a; 8 U.S.C. 1103, 1182, 1224,
1225, 1226, 1227, 1231, 1362; 18 U.S.C. 4002, 4013(c)(4); 8 CFR part
2.

Sec. 236.14 [Amended]

0
51. Section 236.14 is amended by removing ``Sec. 103.7(b)(1) of this
chapter'' and adding in its place ``8 CFR 106.2'' in paragraph (a).

Sec. 236.15 [Amended]

0
52. Section 236.15 is amended by removing ``Sec. 103.7(b)(1) of this
chapter'' and adding in its place ``8 CFR 106.2'' in paragraph (e).

PART 240--VOLUNTARY DEPARTURE, SUSPENSION OF DEPORTATION AND
SPECIAL RULE CANCELLATION OF REMOVAL

0
53. The authority citation for part 240 continues to read as follows:

Authority: 8 U.S.C. 1103; 1182, 1186a, 1224, 1225, 1226, 1227,
1251, 1252 note, 1252a, 1252b, 1362; secs. 202 and 203, Pub. L. 105-
100 (111 Stat. 2160, 2193); sec. 902, Pub. L. 105-277 (112 Stat.
2681); 8 CFR part 2.

0
54. Section 240.63 is amended by revising paragraph (a) to read as
follows:

Sec. 240.63 Application process.

(a) Form and fees. Except as provided in paragraph (b) of this
section, the application must be made on the form prescribed by USCIS
for this program and filed in accordance with the instructions for that
form. An applicant who submitted to EOIR a completed Form EOIR-40,
Application for Suspension of Deportation, before the effective date of
the form prescribed by USCIS may apply with the Service by submitting
the completed Form EOIR-40 attached to a completed first page of the
application. Each application must be filed with the required fees as
provided in 8 CFR 106.2.
* * * * *

PART 244--TEMPORARY PROTECTED STATUS FOR NATIONALS OF DESIGNATED
STATES

0
55. The authority citation for part 244 continues to read as follows:

Authority: 8 U.S.C. 1103, 1254, 1254a note, 8 CFR part 2.

Sec. 244.6 [Amended]

0
56. Section 244.6 is amended by revising paragraph (a) to read as
follows:

Sec. 244.6 Application.

(a) An application for Temporary Protected Status must be submitted
in accordance with the form instructions, the applicable country-
specific Federal Register notice that announces the procedures for TPS
registration or re-registration and, except as otherwise provided in
this section, with the appropriate fees as described in 8 CFR part 106.
* * * * *
0
57. Section 244.17 is amended by revising paragraph (a) to read as
follows:

Sec. 244.17 Periodic Registration.

(a) Aliens granted Temporary Protected Status must re-register
periodically in accordance with USCIS instructions. Such registration
applies to nationals of those foreign states designated for more than
one year by DHS or where a designation has been extended for a year or
more. Applicants for re-registration must apply during the period
provided by USCIS. Re-registration applicants do not need to pay the
fee that was required for initial registration except the biometric
services fee, unless that fee is waived in the applicable form
instructions, and if requesting an employment authorization document,
the application fee for an Application for Employment Authorization. By
completing the application, applicants attest to their continuing
eligibility. Such applicants do not need to submit additional

[[Page 62369]]

supporting documents unless USCIS requests that they do so.
* * * * *

PART 245--ADJUSTMENT OF STATUS TO THAT OF PERSON ADMITTED FOR
PERMANENT RESIDENCE

0
58. The authority citation for part 204 continues to read as follows:

Authority: 8 U.S.C. 1101, 1103, 1182, 1255; Pub. L. 105-100,
section 202, 111 Stat. 2160, 2193; Pub. L. 105-277, section 902, 112
Stat. 2681; Pub. L. 110-229, tit. VII, 122 Stat. 754; 8 CFR part 2.

Sec. 245.7 [Amended]

0
59. Section 245.7 is amended by removing ``8 CFR 103.7(b)(1)'' and
adding in its place ``8 CFR 106.2'' in paragraph (a).

Sec. 245.10 [Amended]

0
60. Section 245.10 is amended by removing ``Sec. 103.7(b)(1) of this
chapter'' and adding in its place ``8 CFR 106.2'' in paragraph (c)
introductory text.

Sec. 245.15 [Amended]

0
61. Section 245.15 is amended:
0
a. By removing ``Sec. 103.7(b)(1)'' and adding in its place ``8 CFR
106.2'' in paragraph (c)(2)(iv)(A);
0
b. By removing and reserving paragraph (c)(2)(iv)(B);
0
c. By removing ``8 CFR 103.7(b)(1)'' and adding in its place ``8 CFR
106.2'' in paragraph (g)(1);
0
d. By removing ``Sec. 103.7(b)(1) of this chapter'' and adding in its
place ``8 CFR 106.2'' in paragraph (h)(1);
0
e. By removing and reserving paragraph (h)(2); and
0
f. By removing ``8 CFR 103.7(b)(1)'' and adding in its place ``8 CFR
106.2'' in paragraphs (n)(1), (t)(1), and (t)(2)(i).

Sec. 245.18 [Amended]

0
62. Section 245.18 is amended by removing ``8 CFR 103.7(b)(1)'' and
adding in its place ``8 CFR 106.2'' in paragraphs (d)(1) and (k).

Sec. 245.21 [Amended]

0
63. Section 245.21 is amended:
0
a. By removing ``8 CFR 103.7(b)(1)'' and adding in its place ``8 CFR
106.2'' in the first sentence of paragraph (b) and removing the second
sentence in paragraph (b); and
0
b. By removing ``8 CFR 103.7(b)(1)'' and adding in its place ``8 CFR
106.2'' in paragraphs (f), (h), and (i).

Sec. 245.23 [Amended]

0
64. Section 245.23 is amended by removing ``8 CFR 103.7(b)(1)'' and
adding in its place ``8 CFR 106.2'' in paragraph (e)(1)(i) and by
removing and reserving paragraph (e)(1)(iii).

Sec. 245.24 [Amended]

0
65. Section 245.24 is amended:
0
a. By removing ``8 CFR 103.7(b)(1)'' and adding in its place ``8 CFR
106.2'' in paragraphs (d)(2) and by removing and reserving paragraph
(d)(3); and
0
b. By removing ``8 CFR 103.7(b)(1)'' and adding in its place ``8 CFR
106.2'' in paragraphs (h)(1)(ii) and (i)(1)(iii) and by removing and
reserving paragraph (i)(1)(iv).

PART 245a--ADJUSTMENT OF STATUS TO THAT OF PERSONS ADMITTED FOR
TEMPORARY OR PERMANENT RESIDENT STATUS UNDER SECTION 245A OF THE
IMMIGRATION AND NATIONALITY ACT

0
66. The authority citation for part 245a continues to read as follows:

Authority: 8 U.S.C. 1101, 1103, 1255a and 1255a note.

0
67. Section 245a.2 is amended by revising paragraph (e)(3) to read as
follows:

Sec. 245a.2 Application for temporary residence.

* * * * *
(e) * * *
(3) A separate application must be filed by each applicant with the
fees required by 8 CFR 106.2.
* * * * *
0
68. Section 245a.3 is amended by revising paragraph (d)(3) to read as
follows:

Sec. 245a.3 Application for adjustment from temporary to permanent
resident status.

* * * * *
(d) * * *
(3) A separate application must be filed by each applicant with the
fees required by 8 CFR 106.2.
* * * * *
0
69. Section 245a.4 is amended by revising paragraph (b)(5)(iii) to read
as follows:

Sec. 245a.4 Adjustment to lawful resident status of certain nationals
of countries for which extended voluntary departure has been made
available.

* * * * *
(b) * * *
(5) * * *
(iii) A separate application must be filed by each applicant with
the fees required by 8 CFR 106.2.
* * * * *
0
70. Section 245a.12 is amended:
0
a. By removing ``Missouri Service Center'' and adding in its place
``National Benefit Center'' in paragraphs (b) introductory text and
(c);
0
b. By revising paragraph (d) introductory text;
0
c. By removing ``8 CFR 103.7(b)(1)'' and adding in its place ``8 CFR
106.2'' in paragraph (d)(1); and
0
d. By removing and reserving paragraphs (d)(2), (4), and (6).
The revision reads as follows:

Sec. 245a.12 Filing and applications.

* * * * *
(d) Application and supporting documentation. Each applicant for
LIFE Legalization adjustment of status must submit the form prescribed
by USCIS completed in accordance with the form instructions accompanied
by the required evidence.
* * * * *

Sec. 245a.13 [Amended]

0
71. Section 245a.13 is amended:
0
a. By removing ``Sec. 103.7(b)(1) of this chapter'' and adding in its
place ``8 CFR 106.2'' in paragraph (d)(1); and (e)(1).
0
b. By removing ``Missouri Service Center'' and adding in its place
``National Benefit Center'' in paragraphs (e) introductory text and
(e)(1); and
0
c. By removing ``Sec. 103.7(b)(1) of this chapter'' and adding in its
place ``8 CFR 106.2'' in paragraph (e)(1).

Sec. 245a.18 [Amended]

0
72. Section 245a.18 is amended by removing ``Missouri Service Center''
and adding in its place ``National Benefit Center'' in paragraph
(c)(1).

Sec. 245a.19 [Amended]

0
73. Section 245a.19 is amended by removing ``Missouri Service Center''
and adding in its place ``National Benefit Center'' in paragraph (a).

Sec. 245a.20 [Amended]

0
74. Section 245a.20 is amended by removing ``8 CFR 103.7(b)(1)'' and
adding in its place ``8 CFR 106.2'' in paragraph (a)(2).

Sec. 245a.33 [Amended]

0
75. Section 245a.33 is amended by removing ``Sec. 103.7(b)(1) of this
chapter'' and adding in its place ``8 CFR 106.2'' in paragraph (a) and
by removing ``Missouri Service Center'' and adding in its place
``National Benefit Center'' in paragraphs (a) and (b).

PART 248--CHANGE OF NONIMMIGRANT CLASSIFICATION

0
76. The authority citation for part 248 continues to read as follows:

Authority: 8 U.S.C. 1101, 1103, 1184, 1258; 8 CFR part 2.

Sec. 248.3 [Amended]

0
77. Section 248.3 is amended by removing ``8 CFR 103.7(b)'' and adding
in its place ``8 CFR 106.2'' in its place

[[Page 62370]]

in the introductory text and by removing ``8 CFR 103.7(b)(1)'' and
adding in its place ``8 CFR 106.2'' in paragraph (h) introductory text.

PART 264--REGISTRATION AND FINGERPRINTING OF ALIENS IN THE UNITED
STATES

0
78. The authority citation for part 248 continues to read as follows:

Authority: 8 U.S.C. 1103, 1201, 1303-1305; 8 CFR part 2.

Sec. 264.2 [Amended]

0
79. Section 264.2 is amended by removing ``8 CFR 103.7(b)(1)'' and
adding in its place ``8 CFR 106.2'' in paragraphs (c)(1)(i) and
(c)(2)(i).

Sec. 264.5 [Amended]

0
80. Section 264.5 is amended by removing ``8 CFR 103.7(b)(1)'' and
adding in its place ``8 CFR 106.2'' in paragraph (a).

Sec. 264.6 [Amended]

0
81. Section 264.6 is amended by removing ``8 CFR 103.7(b)(1)'' and
adding in its place ``8 CFR 106.2'' in paragraph (b).

PART 274a--CONTROL OF EMPLOYMENT OF ALIENS

0
82. The authority citation for part 274a continues to read as follows:

Authority: 8 U.S.C. 1101, 1103, 1324a; 48 U.S.C. 1806; 8 CFR
part 2; Pub. L. 101-410, 104 Stat. 890, as amended by Pub. L. 114-
74, 129 Stat. 599.

0
83. Section 274a.12 is amended by revising paragraphs (b)(9), (13), and
(14) to read as follows:

Sec. 274a.12 Classes of aliens authorized to accept employment.

* * * * *
(b) * * *
(9) A temporary worker or trainee (H-1, H-2A, H-2B, or H-3),
pursuant to 8 CFR 214.2(h), or a nonimmigrant specialty occupation
worker pursuant to section 101(a)(15)(H)(i)(b)(1) of the Act. An alien
in this status may be employed only by the petitioner through whom the
status was obtained. In the case of a professional H-2B athlete who is
traded from one organization to another organization, employment
authorization for the player will automatically continue for a period
of 30 days after acquisition by the new organization, within which time
the new organization is expected to file a new petition for H-2B
classification. If a new petition is not filed within 30 days,
employment authorization will cease. If a new petition is filed within
30 days, the professional athlete's employment authorization will
continue until the petition is adjudicated. If the new petition is
denied, employment authorization will cease. In the case of a
nonimmigrant with H-1B status, employment authorization will
automatically continue upon the filing of a qualifying petition under 8
CFR 214.2(h)(2)(i)(H) until such petition is adjudicated, in accordance
with section 214(n) of the Act and 8 CFR 214.2(h)(2)(i)(H);
* * * * *
(13) An alien having extraordinary ability in the sciences, arts,
education, business, or athletics (O-1), and an accompanying alien (O-
2), pursuant to 8 CFR 214.2(o). An alien in this status may be employed
only by the petitioner through whom the status was obtained. In the
case of a professional O-1 athlete who is traded from one organization
to another organization, employment authorization for the player will
automatically continue for a period of 30 days after the acquisition by
the new organization, within which time the new organization is
expected to file a new petition for O nonimmigrant classification. If a
new petition is not filed within 30 days, employment authorization will
cease. If a new petition is filed within 30 days, the professional
athlete's employment authorization will continue until the petition is
adjudicated. If the new petition is denied, employment authorization
will cease.
(14) An athlete, artist, or entertainer (P-1, P-2, or P-3),
pursuant to 8 CFR 214.2(p). An alien in this status may be employed
only by the petitioner through whom the status was obtained. In the
case of a professional P-1 athlete who is traded from one organization
to another organization, employment authorization for the player will
automatically continue for a period of 30 days after the acquisition by
the new organization, within which time the new organization is
expected to file a new petition for P-1 nonimmigrant classification. If
a new petition is not filed within 30 days, employment authorization
will cease. If a new petition is filed within 30 days, the professional
athlete's employment authorization will continue until the petition is
adjudicated. If the new petition is denied, employment authorization
will cease;
* * * * *

PART 286--IMMIGRATION USER FEE

0
84. The authority citation for part 286 continues to read as follows:

Authority: 8 U.S.C. 1101, 1103, 1356; Title VII of Public Law
110-229; 8 CFR part 2.

Sec. 286.9 [Amended]

0
85. Section 286.9 is amended by removing ``Sec. 103.7(b)(1)'' and
adding in its place ``8 CFR 103.7(d)'' in paragraph (a).

PART 301--NATIONALS AND CITIZENS OF THE UNITED STATES AT BIRTH

0
86. The authority citation for part 301 continues to read as follows:

Authority: 8 U.S.C. 1103, 1401; 8 CFR part 2.

Sec. 301.1 [Amended]

0
87. Section 301.1 is amended by removing ``8 CFR 103.7(b)(1)'' and
adding in its place ``8 CFR 106.2'' in paragraph (a)(1).

PART 319--SPECIAL CLASSES OF PERSONS WHO MAY BE NATURALIZED:
SPOUSES OF UNITED STATES CITIZENS

0
88. The authority citation for part 319 continues to read as follows:

Authority: 8 U.S.C. 1103, 1430, 1443.

Sec. 319.11 [Amended]

0
89. Section 319.11 is amended by removing ``8 CFR 103.7(b)(1)'' and
adding in its place ``8 CFR 106.2'' in paragraph (a) introductory text.

PART 320--CHILD BORN OUTSIDE THE UNITED STATES AND RESIDING
PERMANENTLY IN THE UNITED STATES; REQUIREMENTS FOR AUTOMATIC
ACQUISITION OF CITIZENSHIP

0
90. The authority citation for part 320 continues to read as follows:

Authority: 8 U.S.C. 1103, 1443; 8 CFR part 2.

Sec. 320.5 [Amended]

0
91. Section 320.5 is amended by removing ``8 CFR 103.7(b)(1)'' and
adding in its place ``8 CFR 106.2'' in paragraphs (b) and (c).

PART 322--CHILD BORN OUTSIDE THE UNITED STATES; REQUIREMENTS FOR
APPLICATION FOR CERTIFICATE OF CITIZENSHIP

0
92. The authority citation for part 322 continues to read as follows:

Authority: 8 U.S.C. 1103, 1443; 8 CFR part 2.

Sec. 322.3 [Amended]

0
93. Section 322.3 is amended by removing ``8 CFR 103.7(b)(1)'' and
adding in its place ``8 CFR 106.2'' in paragraph (a) and by removing
``Sec. 103.7(b)(1) of this chapter'' and

[[Page 62371]]

adding in its place ``8 CFR 106.2'' (b)(1) introductory text.

Sec. 322.5 [Amended]

0
94. Section 322.5 is amended by removing ``8 CFR 103.7(b)(1)'' and
adding in its place ``8 CFR 106.2'' in paragraphs (b) and (c).

PART 324--SPECIAL CLASSES OF PERSONS WHO MAY BE NATURALIZED: WOMEN
WHO HAVE LOST UNITED STATES CITIZENSHIP BY MARRIAGE AND FORMER
CITIZENS WHOSE NATURALIZATION IS AUTHORIZED BY PRIVATE LAW

0
95. The authority citation for part 324 continues to read as follows:

Authority: 8 U.S.C. 1103, 1435, 1443, 1448, 1101 note.

Sec. 324.2 [Amended]

0
96. Section 324.2 is amended by removing ``8 CFR 103.7(b)(1)'' and
adding in its place ``8 CFR 106.2'' in paragraph (b).

PART 334--APPLICATION FOR NATURALIZATION

0
97. The authority citation for part 334 continues to read as follows:

Authority: 8 U.S.C. 1103, 1443; 8 CFR part 2.

Sec. 334.2 [Amended]

0
98. Section 334.2 is amended by removing ``8 CFR 103.7(b)(1)'' and
adding in its place ``8 CFR 106.2'' in paragraph (a).

PART 341--CERTIFICATES OF CITIZENSHIP

0
99. The authority citation for part 341 continues to read as follows:

Authority: Pub. L. 82-414, 66 Stat. 173, 238, 254, 264, as
amended; 8 U.S.C. 1103, 1409(c), 1443, 1444, 1448, 1452, 1455; 8 CFR
part 2.

Sec. 341.1 [Amended]

0
100. Section 341.1 is amended by removing ``8 CFR 103.7(b)(1)'' and
adding in its place ``8 CFR 106.2''.

Sec. 341.5 [Amended]

0
101. Section 341.5 is amended by removing ``8 CFR 103.7'' and adding in
its place ``8 CFR 106.2'' in paragraph (e).

PART 343a--NATURALIZATION AND CITIZENSHIP PAPERS LOST, MUTILATED,
OR DESTROYED; NEW CERTIFICATE IN CHANGED NAME; CERTIFIED COPY OF
REPATRIATION PROCEEDINGS

0
102. The authority citation for part 343a continues to read as follows:

Authority: 8 U.S.C. 1101 note, 1103, 1435, 1443, 1454, and 1455.

Sec. 343a.1 [Amended]

0
103. Section 343a.1 is amended by removing ``8 CFR 103.7(b)(1)'' and
adding in its place ``8 CFR part 106'' in paragraph (a).

PART 343b--SPECIAL CERTIFICATE OF NATURALIZATION FOR RECOGNITION BY
A FOREIGN STATE

0
104. The authority citation for part 343b continues to read as follows:

Authority: 8 U.S.C. 1103, 1443, 1454, 1455.

Sec. 343b.1 [Amended]

0
105. Section 343b.1 is amended by removing the term ``8 CFR
103.7(b)(1)'' and adding in its place ``8 CFR 106.2'' in the first
sentence.

PART 392--SPECIAL CLASSES OF PERSONS WHO MAY BE NATURALIZED:
PERSONS WHO DIE WHILE SERVING ON ACTIVE DUTY WITH THE UNITED STATES
ARMED FORCES DURING CERTAIN PERIODS OF HOSTILITIES

0
106. The authority citation for part 392 continues to read as follows:

Authority: 8 U.S.C. 1103, 1440 and note, and 1440-1; 8 CFR part
2.

Sec. 392.4 [Amended]

0
107. Section 392.4 is amended by removing ``8 CFR 103.7(b)(1)'' and
adding in its place ``8 CFR 106.2'' in paragraph (e).

Kevin K. McAleenan,
Acting Secretary .
[FR Doc. 2019-24366 Filed 11-8-19; 4:45 pm]
BILLING CODE 9111-97-P