[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]



[[Page 62279]]

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

[[Page 62281]]

    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

[[Page 62282]]

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

[[Page 62283]]

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))).
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \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\
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    \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.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \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:
---------------------------------------------------------------------------

    \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).

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

[[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:
---------------------------------------------------------------------------

    \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:
---------------------------------------------------------------------------

    \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\
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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.
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    \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.
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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.
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    \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.
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    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
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    \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\
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    \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).
---------------------------------------------------------------------------

    \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.'').
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    \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\
---------------------------------------------------------------------------

    \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:
---------------------------------------------------------------------------

    \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).
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    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.
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    \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).
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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).
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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).
---------------------------------------------------------------------------

    \144\ USCIS, Genealogy, https://www.uscis.gov/genealogy.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    \153\ See V.C.3., Proposed Fee Waiver Changes section of this 
preamble for more information.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    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.

[[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