[Federal Register Volume 59, Number 113 (Tuesday, June 14, 1994)]
[Unknown Section]
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From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-14441]
[[Page Unknown]]
[Federal Register: June 14, 1994]
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DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
8 CFR Part 103
[INS No. 1384-92; AG ORDER NO. 1893-94]
RIN 1115-AD18
Adjustment to the Examinations Fee Schedule
AGENCY: Immigration and Naturalization Service, Justice.
ACTION: Final rule.
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SUMMARY: This rule adjusts the Immigration and Naturalization Service
(INS) Examinations Fee schedule. The increases are necessary to
generate sufficient revenue to recover the costs of providing
adjudication and naturalization services. This rule ensures that funds
will be available to continue providing services to users while keeping
increases as small as possible.
EFFECTIVE DATE: July 14, 1994.
FOR FURTHER INFORMATION CONTACT:
Donald L. Lowry, Staff Accountant, Fee Analysis and Operations Branch,
Office of Finance; Immigration and Naturalization Service; 425 I
Street, NW.; room 6240; Washington, DC 20536-0002; telephone 202-616-
2754.
SUPPLEMENTARY INFORMATION:
I. Introduction
The INS published a proposed rule on January 10, 1994, at 59 FR
1308, to adjust the current Examinations Fee schedule. The proposed
rule was initially published with a 30-day comment period. To ensure
that the public had ample opportunity to review and comment on the
proposed rule, the comment due date was extended from February 9, 1994
to March 11, 1994 (59 FR 5740, Feb. 8, 1994).
The fee adjustment is needed to comply with specific Federal
immigration laws and the Federal user fee statute and regulations,
which require the recipients of special benefits from Government
services that are not directed to the public at large to bear the costs
to the Government of providing those services. The fees amended in this
rule result from an analysis of adjudication and naturalization
services and associated costs for fiscal year 1993 and projected costs
for fiscal year 1994. The revised fees are calculated to recover the
costs of providing these special services and benefits.
Comments were received from 77 commenters, including 46 performing
arts organizations, 15 agricultural organizations, 7 employers, 3
attorney organizations, 3 individual attorneys, 2 voluntary service
organizations, and 1 member of Congress. The Department carefully
considered all comments before preparing this final rule. Following is
a discussion of the comments.
II. Summary of Comments
A. Petition for a Nonimmigrant Worker (Form I-129)
Sixty-six commenters, largely performing arts organizations and
agricultural organizations, expressed dissatisfaction with the proposed
fee schedule for the Petition for a Nonimmigrant Worker (Form I-129).
The commenters opposed increasing the minimum fee from $80 ($70 base
fee plus $10 fee per beneficiary) to $120 and the per worker fee from
$10 to $20. Fifteen of these same commenters questioned the
justification for assessing a per-worker fee for petitions with
multiple unnamed beneficiaries.
In response to the public's comments, INS is making the following
changes: Petitioners with multiple unnamed beneficiaries will no longer
be assessed any per worker fee, and the base fee will increase from $70
to $75. The $5 increase is consistent with the general 7.5 percent
increase to the current fee schedule, which was discussed in the notice
of proposed rule.
On January 11, 1994, INS promulgated a final rule, 59 FR 1455,
which allows a worker's dependents to be included in a petitioner's
request for an extension of stay or change of status, where there is
only one worker in the petition. That provision will go into effect at
the time the form providing for this process becomes available. This
rule sets a fee of $10 for each dependent included on an extension of
stay or change of status request. Dependents of beneficiaries covered
by multiple worker petitions must continue to file requests for an
extension of stay or change of status on an Application to Extend/
Change Nonimmigrant Status (Form I-539).
Accordingly, the new fee structure for the Petition for a
Nonimmigrant Worker will be as follows:
Petition With Unnamed Beneficiaries
--Fee of $75 per petition.
Petition With Named Beneficiaries
--Base fee of $75 per petition plus either:
--$10 per worker if requesting consulate or port-of-entry notification
for visa issuance or admission;
--$80 per worker if requesting a change of status; or
--$50 per worker if requesting an extension of stay. If filing an
extension of stay or change of status for one worker, dependents may be
included for a fee of $10 per dependent.
Two additional comments related to I-129 processing were received.
One commenter stated that the current procedure includes Consulate or
port-of-entry notification for visa issuance or admission purposes and
the proposed procedure does not discuss this notification. The
commenter questioned whether notification would continue. This rule
amends only the Examination Fee schedule and does not change existing
procedures; as noted above, this notification will continue.
One commenter also questioned the procedural change related to the
$10 fee for each dependent of a beneficiary worker. The commenter
stated that the beneficiary worker may be transferred to the United
States several months in advance of that person's family members and
questioned whether this delay between the two dates would present a
problem for Consulate or port-of-entry processing.
Again, this rule only sets the fee for dependents included on an
extension of stay or change of status request. The final rule
promulgated at 59 FR 1455 provides for dependents to be included on a
request for an extension of stay or change of status. An original
petition is granted solely on behalf of the worker; the consular
officer issues visas to dependents separately. Accordingly, the
commenter's concerns are unfounded.
B. Application for Employment Authorization (Form I-765)
One commenter objected to the $10 increase for the employment
authorization document (EAD). The commenter stated that EADs for asylum
applicants are valid for only 6 months and that it is unfair and
unreasonable to require an asylum applicant and dependent family
members to pay a $70 fee every 6 months. The commenter suggests that if
EAD cards were renewed for a significant period of time, such an
increase would not be an unfair burden on the applicant.
The increase in the EAD fee is necessary to recover the costs of
adjudicating the application. Under 8 CFR 208.7, an interim EAD for an
asylum applicant may be granted for a period not to exceed 1 year.
Although INS has the discretion to grant an EAD for a period of 6
months, most asylum EADs are valid for 1 year. Consequently, the
situation described by the commenter should not arise frequently.
C. Application to Register Permanent Residence or Adjust Status (Form
I-485)
One commenter objected to the $10 increase in fees for filing the
I-485 and suggested a family ceiling on the fees charged. The commenter
stated that the other costs associated with filing an I-485, such as
the required physical examination, make the total costs prohibitive for
a family.
The INS recognizes the commenter's concerns. However, it is not
possible for INS to set a family ceiling and recover the costs of
adjudicating applications through user fees, as required under section
286(m) of the Immigration and Nationality Act (INA). However, the fees
for applicants under the age of 14 are $100, an increase of only $5. It
should also be noted that fee waivers are available on a case-by-case
basis, under 8 CFR Sec. 103.7(c).
D. Application for Naturalization (N-400) and Application for
Certificate of Citizenship (N-600)
One commenter criticized INS for increasing naturalization fees.
The commenter opposed the increases stating that the income of many
immigrant families is relatively low, that increased rates of
naturalization are in our national interest, and that concerns about
INS financial management and service delivery have yet to be resolved.
The INS recognizes the commenter's concern. However, as stated
above, under section 286(m) of the INA, INS is required to recover the
costs of adjudicating naturalization applications through user fees.
Alternative revenue sources are not available. Increased naturalization
fees are necessary to avoid applicants for other benefits paying higher
fees to absorb the costs not recovered through the naturalization fees.
In order to recover the costs, the naturalization fees must be
increased.
E. Meaningful Opportunity To Comment on the Proposed Rule
One commenter stated that the public has been denied a meaningful
opportunity to comment on the proposed rule because the proposed rule
did not provide sufficient information to do so. The INS believes that
sufficient information was provided in the proposed rule. Under the
proposed rule, supporting documentation was available upon request and
was provided to commenters who requested it. In addition, the comment
period was extended an additional 30 days so that the public would have
ample opportunity to fully review and comment on the proposed rule.
F. Indirect Costs Charged to the Examinations Fee Account
One commenter stated that certain functions in the legal
proceedings program, such as adversary appearances, are not
appropriately charged to the Examinations Fee Account. In 1992, INS
performed a comprehensive review of the work that should be properly
charged to the INS user fee accounts, and concluded that these legal
costs are an appropriate and necessary expense of the adjudication and
naturalization service process.
The same commenter stated that the proposed rule did not explain
what management and administration (M&A) positions and functions are
included in indirect costs, so that the commenter could not determine
if they were appropriate. The proposed rule used the term management
and administrative (M&A) in a descriptive sense. As commonly used, M&A
refers to the costs of providing accounting, budget, personnel, equal
employment opportunity, contracting and procurement, and general
administration services. The proposed rule used the example of the
costs of mail processing in discussing how the distribution-key concept
works in allocating indirect costs among various accounts. From the
example and from the general understanding of the term ``M&A,'' INS
believes that sufficient information was given to allow a fair
opportunity to comment on the appropriateness of charging M&A as
indirect costs to the Examinations Fee Account.
G. Proportional Assignment of Indirect Costs to Each Examinations Fee
One commenter stated that INS did not explain why indirect costs
are assigned in an ``across-the-board'' manner, rather than
apportioning the indirect costs in the same ratio as the direct cost of
the application. Various methods for allocating indirect costs exist;
INS considers the current method to be reasonable. As INS continues to
refine its fee structure, alternative allocation methodologies will be
evaluated.
H. Plan to Improve Service
One commenter stated that the proposed rule did not discuss plans
to improve service, such as expansion of INS service centers,
elimination of backlogs, and acceleration of processing times.
Improvement efforts have been focused on processing more
applications at the service centers and reducing the adjudicative work
at the district offices. The expansion of centralized processing at the
service centers is expected to result in expedited processing of
routine cases. The district offices will retain adjudicative
responsibilities for applications necessitating an interview or complex
or unique adjudications where personal contact is necessary. The INS
expects that staff will be shifted among district offices and service
centers based on workload requirements.
Implementation of an automated system at district offices and
continued improvement of that system for service center operations is
also expected to improve productivity. This automated system, called
CLAIMS, integrates many of the manual processes or discrete automated
processes that adjudicators use now. The CLAIMS system is currently
operational in the four INS service centers; in FY 1994, it will be
installed at one district office. Plans for expansion to other sites
and continued system enhancements are under constant review and
dependent upon funding availability.
I. Fee Basis
One commenter stated that the proposed fees appear to be based on
faulty or incomplete data and do not appear to be rationally related to
the real work required to process any given application. As discussed
in the proposed rule, INS examined the relevant costs of the
Examinations Fee Account and computed the percentage revenue increase
required to cover the costs, and that percentage, with limited
exceptions, was applied to the existing fee schedule.
The INS also considered the feasibility of basing the proposed fees
on 1992 costs measurements. The INS rejected this approach because of
problems with 1992 data caused by the transition to a more automated
system of productivity measurement. At this time, the current fee
schedule, with specifically identified adjustments, reflects the best
available data on costs, which is consistent with Office of Management
and Budget and Department of Justice guidance. Future fee adjustments
will reflect efforts to refine direct and indirect cost definitions and
measurements.
The same commenter stated that the inclusion of inspection costs
was not explained in the proposed rule. The costs of the Inspections
program attributed to the Examinations Fee Account are exclusively
related to examinations work performed by land border inspectors during
periods in which they are not performing inspections. This allocation
of adjudication workload to inspectors permits more efficient use of
resources and results in reduced costs.
III. Fee Adjustments
The fee adjustments, as adopted in this rule, are shown in Exhibit
1.
Regulatory Flexibility Act
The Attorney General, in accordance with the Regulatory Flexibility
Act (5 U.S.C. 605(b)), has reviewed this regulation and by approving it
certifies that this rule will not have a significant economic impact on
a substantial number of small entities. This rule adjusts the current
Examinations Fee schedule. Its financial impact on users of the
services is small. In most cases, the fee increase is $5.
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, because approximately 4 million people per annum will be
assessed a user fee to recover the costs of providing adjudication and
naturalization services.
Executive Order 12612
The regulation 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 Executive
Order 12612, it is determined that this rule does not have sufficient
federalism implications to warrant the preparation of a Federalism
Assessment.
Executive Order 12606
The Attorney General certifies that she has assessed this rule in
light of the criteria in Executive Order 12606 and has determined that
it will not have a significant negative impact on family well-being.
The information collection requirements contained in this rule have
been cleared by the Office of Management and Budget under the
provisions of the Paperwork Reduction Act. Clearance numbers for these
collections are contained in 8 CFR 299.5, Display of Control Numbers.
List of Subjects in 8 CFR Part 103
Administrative practice and procedure, Authority delegations
(Government agencies), Fees, Forms, Freedom of information, Privacy,
Reporting and recordkeeping requirements, Surety bonds.
Accordingly, part 103 chapter I of title 8 of the Code of Federal
Regulations is amended as follows:
PART 103--POWERS AND DUTIES OF SERVICE OFFICERS; AVAILABILITY OF
SERVICE RECORDS
1. The authority citation for part 103 continues to read as
follows:
Authority: 5 U.S.C. 552, 552a; 8 U.S.C. 1101, 1103, 1201, 1252
note, 1252b, 1304, 1356; 31 U.S.C. 9701; E.O. 12356, 47 FR 14874,
15557, 3 CFR, 1982 Comp., p. 166; 8 CFR part 2.
2. Section 103.7, paragraph (b)(1) is amended by revising the
entries listed to read as follows:
Sec. 103.7 Fees.
* * * * *
(b) * * *
(1) * * *
Form I-17. For filing an application for school approval, except in
the case of a school or school system owned or operated as a public
educational institution or system by the United States or a state or
political subdivision thereof--$140.
Form I-90. For filing an application for Alien Registration Receipt
Card (Form I-551) in lieu of an obsolete card or in lieu of one lost,
mutilated or destroyed, or in a changed name--$75.
Form I-102. For filing an application (Form I-102) for Arrival-
Departure Record (Form I-94) or Crewman's Landing (Form I-95), in lieu
of one lost, mutilated, or destroyed--$65.
Form I-129. For filing a petition for a nonimmigrant worker--If a
petition with unnamed beneficiaries, a fee of $75 per petition. If a
petition with named beneficiaries, a base fee of $75 plus: --$10 per
worker if requesting consulate or port-of-entry notification for visa
issuance or admission; --$80 per worker if requesting a change of
status; or --$50 per worker if requesting an extension of stay. If
filing an extension of stay or change of status for one worker,
dependents may be included for a fee of $10 per dependent.
* * * * *
Form I-130. For filing a petition to classify status of alien
relative for issuance of immigrant visa under section 204(a) of the
Act--$80.
Form I-131. For filing an application for issuance of reentry
permit--$70.
Form I-140. For filing a petition to classify preference status of
an alien on basis of profession or occupation under section 204(a) of
the Act--$75.
* * * * *
Form I-192. For filing an application for discretionary relief
under section 212(d)(3) of the Act, except, in an emergency case, or
where the approval of the application is in the interest of the United
States Government--$90.
Form I-193. For filing an application for waiver of passport and/or
visa--$95.
Form I-212. For filing an application for permission to reapply for
an excluded or deported alien, an alien who has fallen into distress
and has been removed as an alien enemy, or an alien who has been
removed at Government expense in lieu of deportation--$95.
* * * * *
Form I-360. For filing a petition for an Amerasian, Widow(er), or
Special Immigrant--$80, except there is no fee for a petition seeking
classification as an Amerasian.
Form I-485. For filing an application for permanent residence
status or creation of a record of lawful permanent residence--$130 for
an applicant 14 years of age or older; $100 for an applicant under the
age of 14 years.
* * * * *
Form I-526. For filing a petition for an alien enterpreneur--$155.
* * * * *
Form I-539. For filing an application to extend or change
nonimmigrant status--$75 plus $10 per coapplicant.
* * * * *
Form I-600. For filing a petition to classify orphan as an
immediate relative for issuance of immigrant visa under section 204(a)
of the Act. (When more than one petition is submitted by the same
petitioner on behalf of orphans who are brothers or sisters, only one
fee will be required.)--$155.
Form I-600A. For filing an application for advance processing of
orphan petition. (When more than one petition is submitted by the same
petitioner on behalf of orphans who are brothers or sisters, only one
fee will be required.--$155.
Form I-601. For filing an application for waiver of ground of
excludability under section 212 (h) or (i) of the Act. (Only a single
application and fee shall be required when the alien is applying
simultaneously for a waiver under both those sub-sections.)--$95.
Form I-612. For filing an application for waiver of the foreign-
residence requirement under section 212(e) of the Act--$95.
* * * * *
Form I-751. For filing a petition to remove the conditions on
residence which is based on marriage--$80.
* * * * *
Form I-765. For filing an application for employment authorization
pursuant to 8 CFR 274a.13--$70.
* * * * *
Form I-817. For filing an application for voluntary departure under
the Family Unity Program--$80. The maximum amount payable by the
members of a family filing their applications concurrently shall be
$225.
* * * * *
Form N-300. For filing an application for declaration of
intention--$75.
* * * * *
Form N-400. For filing an application for naturalization--$95. For
filing an application for naturalization under section 405 of the
Immigration Act of 1990, if the applicant will be interviewed in the
Philippines--$120.
* * * * *
Form N-470. For filing an application for section 316(b) or 317 of
the Act benefits--$115.
Form N-565. For filing an application for a certificate of
naturalization or declaration of intention in lieu of a certificate or
declaration alleged to have been lost, mutilated, or destroyed; for a
certificate of citizenship in a changed name under section 343(b) or
(d) 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(c) of the Act--$65.
Form N-600. For filing an application for certificate of
citizenship under section 309(c) or section 341 of the Act--$100.
Form N-643. For filing an application for a certificate of
citizenship on behalf of an adopted child--$80.
Form N-644. For filing an application for posthumous citizenship--
$80.
* * * * *
Dated: June 8, 1994.
Janet Reno,
Attorney General.
Exhibit 1
Note: The following exhibit will not appear in the Code of
Federal Regulations.
Examinations Fee Account
[Revised Fees]
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Form No. Form name/description Fee
----------------------------------------------------------------------------------------------------------------
I-17............ Petition for Approval of School for Attendance by Nonimmigrant Students. $140
I-90............ Application to Replace Alien Registration Card.......................... 75
I-102........... Application for Replacement/Initial Nonimmigrant Arrival Departure 65
Document.
I-129........... Petition for a Nonimmigrant Worker...................................... See below.\1\
I-129F.......... Petition for Alien Finance(e)........................................... 75
I-130........... Petition for Alien Relative............................................. 80
I-131........... Application for Travel Document......................................... 70
I-140........... Immigrant Petition for Alien Worker..................................... 75
I-191........... Application for Advance Permission to Return to Unrelinquished Domicile. 90
I-192........... Application for Advance Permission to Enter as Nonimmigrant............. 90
I-193........... Application for Waiver of Passport and/or Visa.......................... 95
I-212........... Application for Permission to Reapply for Admission into the U.S. After 95
Deportation or Removal.
I-360........... Petition for Amerasian, Widow(er), or Special Immigrant (except for a 80
petition seeking classification as an Amerasian in which case the fee
is waived).
I-485........... Application to Register Permanent Residence or Adjust Status:
If 14 years of age or older............................................. 130
If under 14 years of age................................................ 100
I-526........... Immigrant Petition by Alien Entrepreneur................................ 155
I-539........... Application to Extend/Change Nonimmigrant Status........................ 75 plus 10 per
coapplicant.
I-600........... Petition to Classify Orphan as an Immediate Relative.................... 155
I-600A.......... Application for Advance Processing of Orphan Petition................... 155
I-601........... Application for Waiver of Grounds of Excludability...................... 95
I-612........... Application for Waiver of the Foreign Residence Requirement............. 95
I-751........... Petition to Remove the Condition on Residence........................... 80
I-765........... Application for Employment Authorization................................ 70
I-817........... Application for Voluntary Departure Under Family Unity Program.......... 80
N-300........... Application to File Declaration of Intention............................ 75
N-400........... Application for Naturalization.......................................... 95
N-470........... Application to Preserve Residence for Naturalization Purposes........... 115
N-565........... Application for Replacement Naturalization/Citizenship Document......... 65
N-600........... Application for Certificate of Citizenship.............................. 100
N-643........... Application for Certificate of Citizenship in Behalf of an Adopted Child 80
N-644........... Application for Posthumous Citizenship.................................. 80
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\1\Petition with Unnamed Beneficiaries:
--Fee of $75 per petition.
Petition with Named Beneficiaries:
--Base fee of $75 per petition plus either:
--$10 per worker if requesting consulate or port-of-entry notification for visa issuance or admission;
--$80 per worker if requesting a change of status; or
--$50 per worker if requesting an extension of stay. If filing an extension of stay or change of status for one
worker, dependents may be included for a fee of $10 per dependent.
[FR Doc. 94-14441 Filed 6-13-94; 8:45 am]
BILLING CODE 4410-01-M
