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Immigration News:
DEPARTMENT
OF JUSTICE
Immigration
and Naturalization Service
8
CFR Part 103
[INS
No. 2260–03]
RIN
1115–AH00
Readjustment
of Immigration Benefit
Application
Fees
AGENCY:
Immigration and Naturalization
Service, Justice.
ACTION:
Interim rule with request for comments.
SUMMARY:
On January 24, 2003, the
Immigration and Naturalization Service (Service) published an
interim rule in the Federal Register adjusting the immigration benefit application fee schedule by
subtracting the applicable amount of surcharges used for asylum and refugee
services, fee exemptions and fee waivers. The Service was required to take that
action under provisions of section 457 of the Homeland Security Act of 2002,
Public Law 107–296. However, Congress has now repealed that section in the
Homeland Security Act Amendments of 2003. Accordingly, this rule readjusts the
immigration benefit application fee schedule to the levels that existed prior to
January 24, 2003. Fees collected from persons filing immigration benefit
applications are deposited into the Immigration Examinations Fee Account and
recover the cost of processing immigration benefit applications and associated
administrative costs and the costs of asylum applications pursuant to law.
Federal guidelines require the Service to establish and collect fees to recover
the full costs of processing immigration benefit applications. DATES:
Effective date: This rule is
effective February 27, 2003.
Comment date: Written comments must be
submitted on or before April 28, 2003. Comments on the interim rule published on
January 24, 2003, and comments on this interim rule will be addressed jointly in
the final rule.
ADDRESSES:
Please submit written comments to the Director, Regulations and
Forms Services Division, Immigration and Naturalization Service, 425 I Street
NW., Room 4034, Washington DC 20536. To ensure proper handling, please reference
INS Number 2260–03 on your correspondence. When submitting comments
electronically, you must include INS No. 2257–03 in the subject box so that
your comments can be properly routed to the appropriate office. Comments are
available for public inspection at the above address by calling (202) 514–3291
to arrange for an appointment. FOR FURTHER INFORMATION CONTACT:
Paul Schlesinger, Chief, Immigration Services Branch, Office of
Budget, Immigration and Naturalization Service, 425 I Street NW., Room 5307,
Washington, DC 20536, telephone (202) 514–3410.
SUPPLEMENTARY
INFORMATION:
Legal Authority To Charge Fees
A. Departments of Commerce, Justice, and State, the Judiciary, and
Related Agencies Appropriation Acts of 1989 and 1991As a federal agency, the Immigration and Naturalization Service (Service)long
has had statutory authority to charge fees for services provided. e.g., 31 U.S.C. 9701. The Departments
of Commerce, Justice, and State, the Judiciary, and Related Agencies
Appropriation Act, 1989, Pub. L. No. 100–459, sec. 209, 102 Stat. 2186, 2203
(October 1, 1988), authorized the establishment of the Immigration Examinations
Fee Account (IEFA) in the Treasury of the United States. All revenue from fees
collected for immigration and naturalization benefits are deposited in the IEFA
and remain available to provide immigration and naturalization services. 8 U.S.C.
1356(n). In subsequent legislation, the Departments of Commerce, Justice, and
State, the Judiciary, and Related Agencies Appropriations Act, 1991, Pub. L. No.
101–515, sec. 210(d), 104.
2101, 2121 (November 5, 1990), Congress further provided that
‘‘fees for providing adjudication and naturalization services may be set at
a level that will ensure recovery of the full costs of providing all such
services, including the costs of similar services provided without charge to
asylum applicants or other immigrants. Such fees may also be set at a level that
will recover any additional costs associated with the administration of the fees
collected.’’ 8 U.S.C. 1356(m). The House Conference Report to the bill,
entitled ‘‘Making Appropriations for the Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies for the Fiscal Year Ending
September 30, 1996, and For Other Purposes’’ H.R. Conf. Rep. No. 104–378,
at 82 (1995), directs the Service to fund the cost of the Cuban-Haitian Entrant
Program from the IEFA. The Report states ‘‘(t)he conferees have also agreed
that the activities related to the resettlement of Cubans and Haitians should be
transferred to the * * * Service and that the costs of these activities should
be supported by the [IEFA].’’ Id. In a final rule effective October 13,
1998, (except for the Form N–400, which took effect on January 15, 1999) the
Service raised the majority of fees to recover the full costs of processing
immigration benefit applications, and added a ‘‘surcharge’’ setting the
fees at a level sufficient to fund the processing of asylum and refugee
applications as well as those immigration benefit applications processed at no
charge to applicants/petitioners. The Service subsequently adjusted the levels
of fees in the IEFA, after notice and comment, effective February 19, 2002.
The Impact of Section 457 of the Homeland Security Act on the Fee
Structure
In section 457 of the Homeland Security Act of 2002, Congress
amended section 286(m) of the Immigration and Nationality Act (8 U.S.C. 1356(m))
by striking ‘‘services, including the costs of similar services provided
without charge to asylum applicants or other immigrants.’’ and inserting
‘‘services.’’ This amendment effectively repealed the statutory basis
for surcharges. Accordingly, the Service reduced the immigration benefit
application fees by an average of $50, or 25 percent, for the surcharges applied
to the majority of immigration benefit applications (see 68 FR 3798, dated
January 24, 2003).
The Impact of the Homeland Security Act Amendments of 2003
In section 107 of Homeland Security Act Amendments of 2003,
Congress amended the Homeland Security Act by striking section 457, including
the amendment made by such section. As a result, the Service is once again
authorized to add a surcharge to immigration benefit applications in order to
fund the processing of asylum and refugee applications as well as those
immigration benefit applications processed at no charge to applicants
petitioners. Accordingly, the Service is readjusting the immigration benefit
application fee schedule by adding in the surcharges that were removed on
January 24, 2003, thus restoring the fees to the pre-January 24, 2003, levels.
The submission of the reinstated fees reflected in the table below is required
for applications submitted on or after February 27, 2003. The Service will
accept applications or petitions submitted with the fee that was in effect
before the publication of this interim rule, if the application or petition is
postmarked on or before February 27, 2003. The following table displays the new
immigration benefit application fees.
TABLE
1.—CURRENT
VERSUS
NEW
IMMIGRATION
BENEFIT
APPLICATION
FEES
Form
No.
Description
Fee prior to 1/23/03 Current
fee Fee under this rule
I–17
............................. Petition for Approval of School Attendance by
Nonimmigrant Student .. $580 $517 $580
I–90
............................. Application to Replace Permanent Resident Card
.................................. 130 95 130
I–102
........................... Application for Replacement/Initial Nonimmigrant
Arrival/Departure
Record.
100
73 100
I–129
........................... Petition for A Nonimmigrant Worker
........................................................ 130 96 130
I–129F
......................... Petition for Alien Fiance´ (e)
...................................................................... 110 81
110
I–130
........................... Petition for Alien Relative
........................................................................ 130 96
130
I–131
........................... Application for Travel Document
............................................................. 110 80 110
I–140
........................... Immigrant Petition for Alien Worker
......................................................... 135 99 135
I–191
........................... Application for Permission to Return to an
Unrelinquished Domicile ..... 195 142 195
I–192
........................... Application for Advance Permission to Enter as a
Nonimmigrant .......... 195 142 195
I–193
........................... Application for Waiver of Passport and/or Visa
....................................... 195 142 195
I–212
........................... Application for Permission to Reapply for Admission
into the U.S. After Deportation or Removal.
195 142 195
I–485
........................... Application to Register Permanent Residence or to
Adjust Status ......... 255 186 255
I–526
........................... Immigrant Petition by Alien Entrepreneur
................................................ 400 290 400
I–539
........................... Application to Extend/Change Nonimmigrant Status
.............................. 140 102 140
I–600/600
A ................. Petition to Classify Orphan as an Immediate
Relative/Application for
Advance
Processing or Orphan Petition.
460
332 460
I–601
........................... Application for Waiver of Grounds of Excludability
................................. 195 142 195
I–612
........................... Application for Waiver of the Foreign Residence
Requirement .............. 195 142 195
I–751
........................... Petition to Remove the Conditions on Residence
................................... 145 105 145
I–765
........................... Application for Employment Authorization
............................................... 120 88 120
I–817
........................... Application for Family Unity Benefits
....................................................... 140 102 140
I–824
........................... Application for Action on an Approved Application or
Petition ................ 140 103 140
I–829
........................... Petition by Entrepreneur to Remove Conditions
..................................... 395 286 395
N–400
.......................... Application for Naturalization
................................................................... 260 188 260
N–565
.......................... Application for Replacement Naturalization
Citizenship Document ........ 155 113 155
N–600
.......................... Application for Certification of Citizenship
............................................... 185 134 185
N–643
.......................... Application for Certificate of Citizenship in Behalf
of an Adopted Child 145 105 145
The Impact of the Homeland Security Act Amendments of 2003 on
Current Programs
The statutory amendment restores the funding for the asylum and
refugee programs and assures the continued ability of the Service to adjudicate
applications for these programs. This amendment also restores funding for the
adjudication of other applications for which the Service grants a fee waiver or
exemption under the relevant standards, and allows the Service to once again
process those applications at no charge to designated applicants and
petitioners.
Good Cause Exception
This interim rule is effective on February 27, 2003, although the
Service invites post promulgation comments and will address any such comments in
a final rule. The Service finds that good cause exists to adopt this rule
without the prior notice and comment period and delayed effective date
ordinarily required by 5 U.S.C. 553(b) and (d). The Service had set the
pre-January 24, 2003, fee levels through a notice and comment rulemaking and
this rule simply restores that same fee schedule now that Congress has
reinstated the legal authority for the Service to collect fees at these levels.
Since section 107 of the Homeland Security Act Amendments of 2003
is effective upon enactment, and the past hiatus in funding the asylum and fee
waiver programs has the potential for causing disruption of those programs, this
rule is made effective upon publication. This rule merely restores the
preexisting fee structure after a short lapse in statutory authority, and the
surcharges set by this rule are needed in order to be able to fund asylum and
refugee, fee waiver and exemption, and other humanitarian programs. It would be
impracticable and contrary to the public interest to make this interim final
rule effective 30 days after publication in the Federal Register.
Regulatory Flexibility Act
The Acting Commissioner, Immigration and Naturalization Service, in
accordance with 5 U.S.C. 605(b), has reviewed this regulation and by approving
it has determined that this rule will not have a significant economic impact on
a substantial number of small entities. The majority of applications and
petitions are submitted by individuals and not small entities as that term is
defined in 5 U.S.C. 601(6).
The Service acknowledges that a number of small entities,
particularly those filing business-related applications and petitions, such as
Form I–140, Immigrant Petition for Alien Worker; Form I–526, Immigrant
Petition by Alien Entrepreneur; and Form I–829, Petition by Entrepreneur to
Remove Conditions, may be affected by this rule. For FY 2003, the INS projects
approximately 110,000 Forms I–140, 300 Forms I–526, and 200 Forms I–829
will be filed. However, this volume represents petitions filed by a variety of
businesses, ranging from large multinational corporations to small domestic
businesses. The Service does not collect data on the size of the businesses
filing petitions, and therefore does not know the number of small businesses
that may be affected by this rule. However, even if all of the employers
applying for benefits met the definition of small businesses, the resulting
degree of economic impact would not require a Regulatory Flexibility Analysis to
be performed.
Unfunded Mandates Reform Act of 1995
This rule will not result in the expenditure by state, local and
tribal governments, in the aggregate, or by the private sector of $100 million
or more n any one year, and it will not significantly or uniquely affect small
governments. Therefore, no actions were deemed necessary under the provisions of
the Unfunded Mandates Reform Act of 1995.
Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule as defined by section 804 of the
Small Business Regulatory Enforcement Act of 1996. This rule will not result in
an annual effect on the economy of $100 million or more; a major increase in
costs or prices; or significant adverse effects on competition, employment,
investment, productivity, innovation, or on the ability of United States-based
companies to compete with foreign-based companies in domestic and export
markets.
Executive Order 12866
This rule is considered by the Department of Justice, Immigration
and Naturalization Service, to be a “significant regulatory action’’ under
Executive Order 12866, section 3(f), Regulatory Planning and Review.
Accordingly, this rule has been submitted to the Office of Management and Budget
(OMB) for review.
The Service has assessed both the costs and benefits of this rule
as required by section 1(b)(6) of Executive Order 12866 and has made a
determination that although restoring the surcharge will increase the costs to
individual applicants and petitioners who submitted applications or petitions to
the Service for adjudication, the benefit to other applicants and the public
interest of the Service being able to continue to provide asylum, refugee, and
other humanitarian programs at the funding levels intended by Congress through
its repeal of section 457 substantially exceeds the costs.
The determination of the economic impact of the restoration of the
immigration benefit application fee schedule to the levels that existed prior to
January 24, 2003 depends on the baseline used for comparison. Although the
difference in the fees collected would exceed $100 million a year if compared to
the fees contained in the schedule made effective on January 24, 2003, that fee
schedule is not the appropriate baseline for purposes of determining whether
this rule has a economically significant regulatory impact under Executive Order
12866. By striking section 457 of the Homeland Security Act of 2002, Congress
has indicated that the Service should return to the fee schedule in place prior
to January 24, 2003. This interim rule merely restores the previous fee
schedule. Using the pre-January 24th fee schedule as a baseline, this interim
rule will not have a significant economic impact.
Executive Order 13132
This rule will not have substantial direct effects on the States,
on the relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. Therefore, in accordance with section 6 of Executive Order 13132,
the Department of Justice has determined that this rule does not have sufficient
federalism implications to warrant the preparation of a federalism summary
impact statement.
Executive Order 12988: Civil Justice Reform
This rule meets the applicable standards set forth in sections 3(a)
and 3(b)(2) of Executive Order 12988.
Paperwork Reduction Act
This rule requires that the fees for application and petition forms
identified in this interim rule be increased in light of section 107 of Homeland
Security Act Amendments of 2003. Since this is merely a reinstatement of fees
prior to Section 457 of Public Law 107–296, the net effect of the cost burden
on the public is negligible, the Service has submitted the required Paperwork
Reduction Change Worksheet (OMB–83C) to the OMB reflecting the new fees and
cost burdens on the public, and the OMB has approved the changes.
List of Subjects in 8 CFR Part 103
Administrative practice and procedure, Authority delegations
(government agencies), Freedom of Information, Privacy, Reporting and record
keeping requirements, Surety bonds.
The INS has corrected its Fed. Reg. notice of 2/19/03, which expanded the list of ports through which aliens subject to Special Registration can depart the U.S. The correction notice designates by asterisk those ports that were newly added by the 2/19 notice. The original notice listed the 99 authorized ports w/o noting which had been newly added.
02/26/2003 * Rule Authorizes AG to Waive Immigration Training for Local, State Law Enforcement Officers
A 2/26/03 DOJ interim rule authorizes the AG to waive or abbreviate the training required for state or local law enforcement officers authorized to enforce immigration law during a ‘mass influx’ of aliens if the number of such law enforcement officers available to respond is insufficient to protect public safety, health or national security.
California Service Center Processing Time Report (2/15/03)
California Service Center Processing Time Report 2/15/03 Form We are Processing cases with these receipt notice dates: I-90 to replace lost, damaged or destroyed I-551 5/6/2002 I-90 to renew expiring I-551 5/6/2002 I-102 for replacement/initial nonimmigrant arrival/departure form 2/3/2002 I-129 for H1B classification EOS 10/4/2002 I-129 for H1B classification COS 9/11/2002 I-129 for H2A classification 2/14/2002 I-129 for H2B classification 1/3/2003 I-129 for H3 classification 10/7/2002 I-129 for E classification 7/31/2002 I-129 for L classification 1/21/2003 I-129 for Blanket L petition 2/15/2003 I-129 for O classification 8/8/2002 I-129 for P classification 8/8/2002 I-129 for Q classification 8/8/2002 I-129 for R classification 6/24/2002 I-129 for TN classification I-129F (fiancée) 11/22/2002 I-130 for spouse, parent,or child (under 21) of a United States citizen 8/15/2002 I-130 for Unmarried son/daughter (over 21) of a United States citizen 4/5/2001 I-130 for Spouse/Child of a lawful permanent resident 1/20/1998 I-130 for Unmarried son/daughter (over 21) of a lawful permanent resident 4/6/1998 I-130 for Married Son/daughter of a United States citizen 10/6/1999 I-130 for Brother/Sister of United States citizen 4/2/1998 I-131 for Advance Parole 1/15/2003 I-131 for Advance Parole for HRIFA principal applicant I-131 for Reentry Permit I-131 for Refugee Travel Document I-140 A (extraordinary ability) 9/27/2002 I-140 B (outstanding professor or researcher) 8/12/2002 I-140 C (multinational executive or manager) 10/16/2002 I-140 D (professional holding adv. degree/alien of exceptional ability) 10/23/2002 I-140 E (skilled worker or professional) 10/22/2002 I-140 I (National Interest Waiver) 12/27/2002 I-140 G (other worker) 12/3/2002 I-212 permission to reapply for addmission after deportation/removal 1/19/2001 I-360 petition for Amerasian, widow(er), or Special Immigrant 12/11/2002 I-485 Asylum-based I-485 Refugee-based I-485 Employment-based 11/16/2001 I-485 Haitian Refugee Immigration Fairness Act (HRIFA)-based I-539 for extension of stay for F or M non-immigrant 1/9/2003 I-539 for extension of stay for J non-immigrant I-539 for extension of stay for L or H non-immigrant 1/7/2003 I-539 for extension of stay for other non-immigrant 1/7/2003 I-539 to change nonimmigrant classification to F or M 1/9/2003 I-539 to change nonimmigrant classification to J I-539 to change nonimmigrant classification to L or H 1/7/2003 I-539 to change to other nonimmigrant classification 1/7/2003 I-612 waiver of foreign residence requirement 7/3/2002 I-730 Refugee/Asylee Relative Petition I-751 Petition to Remove Conditions on Residence 7/8/2002 I-765 for initial asylee or asylum applicant authorization Current I-765 for employment authorization associated with Hurricane Mitch TPS Current I-765 for employment authorization associated with El Salvador TPS Current I-765 for employment authorization while I-485 is pending 9/9/2002 I-765 for all other employment authorization 8/14/2002 I-817 Application for Family Unity Benefits 6/14/2002 I-821 for El Salvador 4/17/2002 I-821 for Hurricane Mitch countries 12/20/2002 I-824 Application for Action on an Approved Application or Petition 3/22/2002 I-829 Petition by Entrepreneur to Remove Conditions 10/23/2000 I-914 Application for T Non-Immigrant
for October / November News click
June / July 2002 News clickfor April / May 2002 News click
for March / February 2002 News click
OTHER NEWS:
The interim regulation is expected to be published in the Federal Register as early as tomorrow, and will take effect upon publication.
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B-2 classification is now available for "cohabitating partners"
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Are you or your children eligible to immediately obtain your US Certificate of Citizenship ?
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Preservation of Immigration Benefits for Victims of Terrorism
CHECK YOUR STATUS NOW! Notice to all NVR Applicants: If you have registered with NVR for prior lottery years (for example DV-2003, DV-2002 etc)and your application is NOT complete, you must complete your application by sending to us ALL THE MISSING ITEMS NO LATER THEN FEBRUARY 28, 2002. Any applications WHICH HAVE BEEN WITH US FOR MORE THAN 6 MONTHS and are reviewed and are NOT COMPLETE for submission to the US State Dept by March 10, 2002 will be destroyed.
If you have paid for your application and it is destroyed, you will need to send us a new original application with all the photos. Please go to "Application Status" and check to see if your application packet is complete. Once again, all incomplete application will be destroyed.
NEW POLICY- Please be advised that NVR will hold on to incomplete applications for a period of six (6) months from the date of receipt. If you send us improper photos with your application, you will have only six (6) months from the date we recieve your improper photos to send in new ones. After six months, we will destroy your application and you will have to send in a new application packet.
PRESS RELEASE: Winners of DV-2003 will be announced by the US State Department between April and June 2002. Please check with us at that time to see if you are a winner. These results will be available on our website under "Your Application Status" .
The mail in period, (application period) dates for the DV-2003 lottery are scheduled to start 12:00 noon on October 1, 2001 until 12:00 noon October 31, 2001. Apply Now -- The deadline is approaching !!! Register for DV-2003 lottery now and be prepared. Do not let the deadline pass you by. Do not miss out on this opportunity to live and work in the United States. Early registration assures that there will be enough time to prepare and submit your application properly. Should this date be modified, we will post the new dates on this page.
PRESS RELEASE: Winners of DV-2002 have been announced by the US State Department. Check to see if you are a winner. These results are available on our website under "Lottery Results" . Although the selection by National Visa Center is complete, all the winners have not been notified yet.
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All applicants be ware -- The NEW RULES and REQUIREMENTS relating to the format of the envelopes in which the lottery applications are to be sent to the State Department will be announced by the United States government for DV-2003. Please be assured that we will make sure that the applications we prepare for our clients will conform to the new rules.
National Visa Registry Applicants: The State Department will send out DV-2001 winners notices between May and June 2001. Your will be notified of the results by NVR after the last mailing by the State Department. If you are one of the winners, you will be notified immidiately.
PRESS RELEASE: On June 23, 2000, the State Department released the results for the 2000, DV-2001, Diversity Visa Lottery. These results are available on our website under "Lottery Results" . Although the selection by National Visa Center is complete, all the winners have not been notified yet.
PRESS RELEASE: On May 24, 1999, the State Department released the results for the 1999 Diversity Visa Lottery. These results are available on our website under "Lottery Results" . Although the selection by National Visa Center is complete, all the winners have not been notified yet.
Coming soon: In order to better serve our clients, NVR has associated with a Law Office so that our clients can get full immigration legal services and consultations through licensed United States immigration attorneys in addition to the attorneys on our staff. This will include helping winners of the green card lottery adjust status, consultations regarding ways to acquire a "green card" via methods other than the green card lottery, such as labor certifications and much more.
SERVICE IS OUR BUSINESS
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