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Regulatory Impact Analysis Regulatory Impact Analysis U.S. Citizenship and Immigration Services Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements Final Rule (8 CFR Parts 103, 106, 204, 211, 212, 214, 216, 223, 235, 236, 240, 244, 245, 245a, 248, 264, 274a, 301, 319, 320, 322, 334, 341, 343a, 343b, and 392) RIN: 1615-AC18 CIS No. 2627-18; DHS Docket No.: USCIS-2019-0010 July 22, 2020 1 AILA Doc. No. 20073100. (Posted 8/4/20) TABLE OF CONTENTS A. Executive Order 12866 (Regulatory Planning and Review) and Executive Order 13563 (Improving Regulation and Regulatory Review), and Executive Order 13771 (Reducing Regulation and Controlling Regulatory Costs) .. 3 1. Changes to Provisions and Impacts .............................................................................................................. 25 a. Reduced Fees for Filing Online ...................................................................................................................... 27 b. Secure Mail Initiative ..................................................................................................................................... 34 c. Clarify Dishonored Fee Check Re-presentment Requirement, Fee Payment Method, and Non-refundability ....................................................................................................................................................................... 37 d. Eliminate $30 Returned Check Fee ................................................................................................................ 41 e. Removal of Fee waivers ................................................................................................................................. 43 f. Fee Exemptions .............................................................................................................................................. 68 g. Changes to Biometric Services Fee ................................................................................................................ 78 h. Discontinue Providing Free Interim Benefits when Forms I-765 and I-131 are Filed Concurrently with Form I-485 or when a Form I-485 is Pending ......................................................................................................... 83 i. Form I-485 Fee for Children Under 14, Filing with Parent ............................................................................ 91 j. Allow Individuals with Advance Parole to Use Form I-131A, Application for Travel Document (Carrier Documentation), and Expand the Population Eligible to File Form I-131A ................................................. 94 k. Separating Form I-129, Petition for a Nonimmigrant Worker, into Different Forms, and Limit Petitions Where Multiple Beneficiaries are Permitted to 25 Named Beneficiaries per Petition .................................. 98 l. Adjustments to Premium Processing ............................................................................................................ 129 m. Creation of Form I-600A/600 Supplement 3, Request for Action on Approved Form I-600A/I-600 and new fee ................................................................................................................................................................ 133 n. Changes to Genealogy Search and Records Requests .................................................................................. 138 o. Remove Reduced Fee for Naturalization Applicants Using Form I-942, Request for Reduced Fee, When filing form N-400, Application for Naturalization ...................................................................................... 142 p. Charge for an Initial Form I-765, Application for Employment Authorization While an Asylum Claim Is Pending ........................................................................................................................................................ 147 q. Charge a fee for Form I-589, Application for Asylum and for Withholding of Removal ............................ 150 r. Fee Combining for Form I-881, Application for Suspension of Deportation or Special Rule Cancellation of Removal (Pursuant to Section 203 of Public Law 105-100 [NACARA]) ................................................... 153 s. Clarify who must pay a 9-11 Response and Biometric Entry-Exit Fee for H-1B and L-1 ........................... 159 2. Total Estimated Transfers and Costs of Regulatory Changes ..................................................................... 162 3. Appendix – Office of Intake and Document Production (OIDP) Lockbox facilities, Fee Waiver Results from October 2, 2017 to October 27, 2017 ............................................................................................................ 167 2 AILA Doc. No. 20073100. (Posted 8/4/20) A. Executive Order 12866 (Regulatory Planning and Review) and Executive Order 13563 (Improving Regulation and Regulatory Review), and Executive Order 13771 (Reducing Regulation and Controlling Regulatory Costs) The fee schedule that went to effect on December 23, 2016 was expected to yield approximately $3.4 billion of average annual revenue during the FY 2019/2020 biennial period. This represents a $0.9 billion, or 36 percent, increase from the FY 2016/2017 fee rule projection of $2.5 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 approximately 5.9 million total workload receipts and 4.9 million fee-paying receipts, excluding biometric services. See 81 FR 26923-4. However, the FY 2019/2020 fee review forecasts approximately 8.5 million total workload receipts and 7.0 million fee-paying receipts, excluding biometric services. This represents a 44 percent increase to workload and a 43 percent increase to fee-paying receipt assumptions.1 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 rule has been designated an “economically significant regulatory action” under section 1 See FY 2019/2020 Immigration Examinations Fee Account Fee Review Supporting Documentation with Addendum, which is part of the docket for this final rule. DHS revised the volumes to exclude DACA and change fee-paying assumptions for Forms N-400, N-600, and N-600K, as discussed later in this preamble. 3 AILA Doc. No. 20073100. (Posted 8/4/20) 3(f)(1) of E.O. 12866. Accordingly, the rule has been reviewed by the Office of Management and Budget (OMB). This final rule adjusts certain immigration and naturalization benefit request fees charged by U.S. Citizenship and Immigration Services (USCIS). It also removes certain fee exemptions, changes fee waiver requirements2, alters premium processing time limits, and modifies intercountry adoption processing. This final rule removes the proposed fee that was introduced in the NPRM of this rule for Form I-821D,3 it does not provide for the proposed transfer of any Immigration Examination Fee Account (IEFA) funds collected by USCIS to U.S. Immigration and Customs Enforcement (ICE),4 it reassigns the proposed National Record Center (NRC) costs that do not directly apply to the genealogy program, thereby setting genealogy fees lower than proposed,5 and it now allows for a $10 reduction in filing fee for applicants who file online for forms that are electronically available by USCIS rather than submit paper applications.6 USCIS conducted a comprehensive biennial fee review and determined that current fees do not recover the full cost of providing adjudication and naturalization services. Therefore, DHS adjusts USCIS fees by a weighted average increase of 20 percent, adds new fees for certain immigration benefit requests, establishes multiple fees for nonimmigrant worker petitions, and limits the number of beneficiaries for certain forms. This final rule is intended to ensure that USCIS has the resources it needs to provide adequate service to applicants and petitioners. It 2 Also, in this final rule, DHS consolidates the Director’s discretionary provision on fee waivers to remove redundancy. 84 FR 62363. New 8 CFR 106.3. 3 84 FR 62320, 62362; proposed and new 8 CFR 106.2(a)(2)(38).. 4 84 FR 62287, 84 FR 67243. This final rule does not transfer funds to ICE. Therefore, DHS removes $207.6 million for ICE from its cost baseline, resulting in lower fees than if DHS pursued the transfer of funds. 5 84 FR 62315, 62316, 62362; proposed 8 CFR 106.2(c)(1) – (c)(2); new 8 CFR 106.2(c)(1) – (c)(2). 6 New 8 CFR 106.2(d) 4 AILA Doc. No. 20073100. (Posted 8/4/20) also makes changes related to setting, collecting, and administering fees. DHS has kept certain fees, such as the fee for Form N-400, Application for Naturalization, below the level indicated by the fee-setting model based on policy choices, or provided that certain fees may be waived, transferring the costs not covered by the lower or waived fee to other benefit requests. However, in this rule, DHS is focusing on the beneficiary pays principle and assigning fees to those who are going to directly reap the benefits of the applicable immigration benefit
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