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U.S. Citizenship and Immigration Services Fee Schedule; Final Rule

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U.S. Citizenship and Immigration Services Fee Schedule; Final Rule Friday, September 24, 2010 Part IV Department of Homeland Security 8 CFR Parts 103, 204, 244 et al. U.S. Citizenship and Immigration Services Fee Schedule; Final Rule VerDate Mar<15>2010 18:22 Sep 23, 2010 Jkt 220001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\24SER4.SGM 24SER4 srobinson on DSKHWCL6B1PROD with RULES4 58962 Federal Register / Vol. 75, No. 185 / Friday, September 24, 2010 / Rules and Regulations DEPARTMENT OF HOMELAND A. Authority to Promulgate Fees. Final Rule. SECURITY 1. Immigration and Nationality Act Section IV. Statutory and Regulatory Reviews. 286(m). A. Regulatory Flexibility Act– Final 8 CFR Parts 103, 204, 244, and 274A 2. Biometrics for Temporary Protected Regulatory Flexibility Analysis. Status. 1. Objectives of, and Legal Basis for, the [CIS No. 2490–09, DHS Docket No. USCIS– 3. Bundling. Final Rule. 2009–0033] 4. Fraud Detection and National Security 2. Significant Issues Raised by Public and other Program Costs. Comments in Response to the Initial RIN 1615–AB80 5. Guidance under Office of Management Regulatory Flexibility Analysis. and Budget Circulars. 3. Description and Estimate of the Number U.S. Citizenship and Immigration 6. Accounting Standards. of Small Entities to which the Rule will Services Fee Schedule B. Relative Amount of Fees. Apply. 1. Recovery of Additional Costs. 4. Reporting, Recordkeeping, and Other AGENCY: U.S. Citizenship and 2. Proposed Fees are Unreasonably High. Compliance Requirements. Immigration Services, DHS. a. Barrier to Family Reunification. 5. Steps Taken to Minimize Significant ACTION: Final rule. b. Fee Increases Reduce the Number of Adverse Economic Impacts on Small Filers. Entities. SUMMARY: The Department of Homeland c. Income–Based Fee Structure. B. Unfunded Mandates Reform Act. Security (DHS) is adjusting the fee d. Supplementary Costs to Applicants and C. Small Business Regulatory Enforcement schedule for U.S. Citizenship and Petitioners. Fairness Act. 3. Comments on Specific Fees and D. Executive Order 12866. Immigration Services (USCIS). USCIS Adjustments. E. Executive Order 13132. conducted a comprehensive fee study, a. Student Employment Authorization. F. Executive Order 12988. refined its cost accounting process, and b. Entertainers, Athletes, and other G. Paperwork Reduction Act. determined that current fees do not Individuals with Extraordinary Talent. List of Acronyms and Abbreviations recover the full costs of services c. Adoption. provided. DHS has found that d. Entrepreneurs. ABC—Activity–Based Costing. adjustment to the fee schedule is e. Refugee Travel Documents. CBP—U.S. Customs and Border Protection. 4. Fee Decreases. CFO—Chief Financial Officer. necessary to fully recover costs and CNMI—Commonwealth of the Northern maintain adequate service. In response C. Fee Waivers and Exemptions. 1. Asylee Benefits and Status Adjustment. Mariana Islands. to comments, several adjustments were 2. Expansion of Fee Waivers and CNRA—Consolidated Natural Resources Act. made to the proposed rule published on Exemptions. CPI–U—Consumer Price Index—Urban June 11, 2010. a. Travel and Employment Authorization Consumers. In this final rule, DHS: increases the Documents and Immigrant Visas. DHS—Department of Homeland Security. fees by a weighted average of 10 b. Waiver Eligibility for Notices of Appeal DOS—Department of State. percent; establishes three new fees or Motions. EAD—Employment Authorization Document. FASAB—Federal Accounting Standards covering USCIS costs related to c. Military Naturalizations. d. Arrival–Departure Records. Advisory Board. processing the Regional Center FBI—Federal Bureau of Investigation. Designation under the Immigrant 3. Standardization of the Fee Waiver Process. FDNS—Fraud Detection and National Investor Pilot Program, Civil Surgeon 4. Commonwealth of the Northern Mariana Security. Designation, and DHS Processing of Islands Transitional Worker. FRFA—Final Regulatory Flexibility Analysis. Immigrant Visa requests; and adjusts the D. Naturalization. FY—Fiscal Year. premium processing service fee by the E. Improve Service and Reduce HSA—Homeland Security Act. percentage increase in inflation Inefficiencies. IEFA—Immigration Examinations Fee according to the Consumer Price 1. Service Improvement and Fees. Account. 2. Multiple Biometric Data Requests. INA—Immigration and Nationality Act. Index—Urban Consumers (CPI–U) IOAA—Independent Offices Appropriation published as of July 2010. This rule also 3. Transformation. 4. Increases Relative to Time. Act. finalizes the interim rule that IRFA—Initial Regulatory Flexibility Analysis. 5. Fee Refunds. NNCP—National Name Check Program. established the premium processing 6. Customer Service and the Office of OMB—Office of Management and Budget. service and fees. Public Engagement. OPE—Office of Public Engagement. DATES: This rule is effective November F. Premium Processing. OPT—Optional Practical Training. 1. Expansion of Premium Processing 23, 2010. Applications or petitions PRA—Paperwork Reduction Act. Service. mailed, postmarked, or otherwise filed POE—Port of Entry. 2. Adjustment to the Premium Processing on or after November 23, 2010 must RFA—Regulatory Flexibility Act. Fee. include the new fee. RFE—Request for Evidence. G. New Fees and Forms. SAVE—Systematic Alien Verification for FOR FURTHER INFORMATION CONTACT: 1. Immigrant Visa DHS Domestic Timothy Rosado, Acting Chief Financial Entitlements. Processing Fee. SMI—Secure Mail Initiative. Officer, U.S. Citizenship and 2. Civil Surgeon Designation Fee and Form. SQA—System Qualified Adjudication. Immigration Services, Department of 3. EB–5 Regional Center Designation Fee TPS—Temporary Protected Status. Homeland Security, 20 Massachusetts and Form. UMRA—Unfunded Mandates Reform Act. Avenue, NW., Washington, DC 20529– H. Methods Used To Determine Fee USCIS—U.S. Citizenship and Immigration 2130, telephone (202) 272–1930. Amounts. Services. 1. Reductions to USCIS Costs. SUPPLEMENTARY INFORMATION: USPS—United States Postal Service. 2. Appropriations. VAWA—Violence Against Women Act. Table of Contents I. Other Comments. 1. Visa Allocation and Unused Visa I. Background I. Background. Numbers. II. Final Rule. 2. Increased Periods of Validity for Travel DHS proposed to adjust the USCIS A. Changes in the Final Rule. and Employment Documents. benefits fee schedule on June 11, 2010. B. Corrections. 3. Suggested I–94 Fee. See 75 FR 33445. The current USCIS fee C. Summary of Final Fees. J. Discussion of Comments Received in schedule does not recoup the full cost III. Public Comments on the Proposed Rule. Response to the June 1, 2001, Interim of processing immigration benefits. This VerDate Mar<15>2010 18:22 Sep 23, 2010 Jkt 220001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\24SER4.SGM 24SER4 srobinson on DSKHWCL6B1PROD with RULES4 Federal Register / Vol. 75, No. 185 / Friday, September 24, 2010 / Rules and Regulations 58963 final rule builds on the 2008/2009 request for Humanitarian Parole. New 8 1101(a)(15)(V). This is the only class of USCIS fee rule that sought to align fees CFR 103.7(b)(1)(i)(M). Application to Extend/Change with the costs of specific application Provide that the fee for the Notice of Nonimmigrant Status (Form I–539) types and make adjustments to some Appeal or Motion, Form I–290B, may be applicants that currently require fees based on policy considerations. waived in certain cases. DHS will allow biometric services. The fee for this This final rule also reflects FY 2010 the fee for the Notice of Appeal or application in this final rule is $290. appropriations to remove asylum, Motion to be waived upon a showing of New 8 CFR 103.7(b)(1(i)(X). The refugee, and military naturalization inability to pay in those cases when the biometric fee is $85. New 8 CFR costs from the fee structure. See 75 FR appeal or motion is from the denial of 103.7(b)(1)(i)(C). As a result, the 33445, 33447. Previously, surcharges an immigration benefit request where inclusive fee for filing an Application to were added to immigration fees to the applicant or petitioner was not Extend/Change Nonimmigrant Status recover the cost of adjudicating asylum, required to pay a fee or that fee was (Form I–539) for V nonimmigrants is refugee, and military naturalization waived. New 8 CFR 103.7(c)(3)(vi). $375. USCIS also inadvertently did not requests. Costs for the Systematic Alien Provide for no fee for a Notice of include the Application for Suspension Verification for Entitlements (SAVE) Appeal or Motion for an appeal of a of Deportation or Special Rule program and the Office of Citizenship denial of a petition for a special Cancellation of Removal (Pursuant to were also supported by fee revenue. The immigrant visa from an Iraqi or Afghan Section 203 of Public Law 105–110), Administration’s fee reform policy, as national who worked for or on behalf of Form I–881, in the table of fees in the reflected in the Administration’s budget the U.S. Government in Iraq or preamble to the proposed rule. This request, moves all of these costs out of Afghanistan. DHS believes it is keeping benefit request and its $285 fee are the USCIS fee structure to appropriated with the policy to assist this group of included in the table in this preamble funds and improves the transparency of petitioners by allowing them to file a for illustrative purposes. Finally, USCIS USCIS fees. Notice of Appeal or Motion without a is removing the separate fee for filing an USCIS entered supporting fee. New 8 CFR 103.7(b)(1)(i)(W). application for issuance or extension of documentation for this rulemaking and Provide for a free Request for Hearing a refugee travel document (Form I–570) on a Decision in Naturalization its methodology, including budget because the refugee document process Proceedings, Form N–336, and an methodology and regulatory flexibility was consolidated into the application Application for Certification of analyses, into the public docket. See for travel documents (Form I–131), and Citizenship, Form N–600, to exempt http://www.regulations.gov, docket the reference is obsolete. number USCIS–2009–0033. from fees requests from a member or veteran of the U.S.
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