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[Federal Register: February 3, 2004 (Volume 69, Number 22)]
[Proposed Rules]               
[Page 5088-5093]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03fe04-24]                         

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================



[[Page 5088]]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Bureau of Citizenship and Immigration Services

8 CFR Part 103

[CIS No. 2233-02]
RIN 1615-AA84

 
Adjustment of the Immigration Benefit Application Fee Schedule

AGENCY: Bureau of Citizenship and Immigration Services, Department of 
Homeland Security.

ACTION: Proposed rule.

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

SUMMARY: This rule proposes to adjust the fee schedule of the 
Immigration Examinations Fee Account (IEFA) for immigration benefit 
applications and petitions, as well as the fee for capturing biometric 
information of applicants/petitioners who apply for certain immigration 
benefit applications and petitions. Fees collected from persons filing 
immigration benefit applications are deposited into the IEFA and used 
to fund the full cost of providing immigration benefits; the full cost 
of providing similar benefits to asylum and refugee applicants; and the 
full cost of similar benefits provided to other immigrants, as 
specified in the regulation, at no charge. This rule proposes to adjust 
the immigration benefit application fees by approximately $55 per 
application, and increases the biometric fee by $20, in order to ensure 
sufficient funding to process incoming applications.

DATES: Written comments must be submitted on or before March 4, 2004.

ADDRESSES: Please submit written comments to the Director, Regulations 
and Forms Services Division, Bureau of Citizenship and Immigration 
Services (BCIS), Department of Homeland Security, 425 I Street NW., 
Room 4034, Washington, DC 20536. To ensure proper handling, please 
reference CIS No. 2233-02 on your correspondence. You may also submit 
comments electronically at rfs.regs@dhs.gov. When submitting comments 
electronically, you must include CIS No. 2233-02 in the subject box so 
that your comments can be properly routed to the appropriate office. 
Comments and other docketed materials (including additional information 
regarding the rate-setting process) are available for public inspection 
at the above address by calling (202) 514-3206 to arrange for an 
appointment.

FOR FURTHER INFORMATION CONTACT: Paul L. Schlesinger, Acting Budget 
Director, Office of Budget, U.S. Citizenship and Immigration Services, 
425 I Street NW., Room 5307, Washington, DC 20536, telephone (202) 514-
3206.

SUPPLEMENTARY INFORMATION:

What Legal Authority Does BCIS Have To Charge Fees?

    Section 286(m) of the Immigration and Nationality Act (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 the costs of providing similar services without 
charge to asylum applicants and other immigrants. [8 U.S.C. 1356(m).] 
The INA further states that the fees may recover administrative costs 
as well. This revenue remains available to provide immigration and 
naturalization benefits and the collection, safeguarding, and 
accounting for fees. [8 U.S.C. 1356(n).]
    The BCIS must also conform to the requirements of the Chief 
Financial Officers Act of 1990 (CFO Act), Public Law No. 101-576, 104 
Stat. 2838 (1990). Section 205(a)(8) of the CFO Act requires each 
agency's Chief Financial Officer to ``review, on a biennial basis, the 
fees, royalties, rents, and other charges imposed by the agency for 
services and things of value it provides, and make recommendations on 
revising those charges to reflect costs incurred by it in providing 
those services and things of value.'' Id., 104 Stat. at 2844, 31 U.S.C. 
902(a)(8).

What Federal Cost Accounting and Fee Setting Standards and Guidelines 
Were Used in Developing These Fee Changes?

    The authority provided by section 286(m) of the INA permits BCIS to 
recover the full costs of providing all immigration adjudication and 
naturalization services, including those services provided to 
individuals other than those paying fees. When developing fees for 
services, the BCIS also looks, to the extent applicable, to the cost 
accounting concepts and standards recommended by the Federal Accounting 
Standards Advisory Board (FASAB). The FASAB was established in 1990, 
and its purpose is to recommend accounting standards for the Federal 
Government. The FASAB defines ``full cost'' to include ``direct and 
indirect costs that contribute to the output, regardless of funding 
sources.'' Federal Accounting Standards Advisory Board, Statement of 
Financial Accounting Standards No. 4: Managerial Cost Accounting 
Concepts and Standards for the Federal Government 36 (July 31, 1995). 
To obtain full cost, FASAB identifies various classifications of costs 
to be included, and recommends various methods of cost assignment. Id. 
at 36-42. Full costs include, but are not limited to, an appropriate 
share of:
    (a) Direct and indirect personnel costs, including salaries and 
fringe benefits such as medical insurance and retirement;
    (b) 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; and,
    (c) Management and supervisory costs.
    Full costs are determined based upon the best available records of 
the agency.

How Is the Processing of Immigration Benefit Applications Funded and 
Supported?

    In 1988, Congress established the IEFA. See Public Law No. 100-459, 
sec. 209, 102 Stat. at 2203. Since 1989, fees deposited into the IEFA 
have been the primary source of funding for providing immigration and 
naturalization benefits, and other benefits as directed by Congress. In 
subsequent legislation, Congress directed use of IEFA revenue to fund 
the cost of asylum processing and other services provided to immigrants 
at no charge. See Public Law No. 101-515, sec. 210(d)(2), 104 Stat. at 
2121. Consequently, the immigration benefit application fees were 
increased to recover these additional costs.
    The current immigration benefit application fees are based on the 
review conducted in 1997 adjusted for cost of living increases (most 
recently on

[[Page 5089]]

February 19, 2002) (66 FR 65811). The current fees also include a $5 
per immigration benefit application surcharge to recover information 
technology and quality assurance costs. This surcharge allows BCIS to 
improve upon the delivery of services to its customers such as offering 
electronic filing for certain immigration benefit applications.
    With reference to the biometric fee, the Department of Justice 
Appropriations Act, 1998, Public Law No. 105-119, 111 Stat. 2440, 2448 
(1997), authorized the collection of a fee for fingerprinting 
applicants for certain immigration benefits. Id. The fees are deposited 
into the IEFA established by 8 U.S.C. 1356(m)-(p). The current fee is 
$50.

How Are the Application Fees Changing in This Rule?

A. National Security Enhancements

    In processing immigration benefit applications, BCIS is making 
national security a high priority. Since July 2002, BCIS has added 
security checks to the processing of all immigration benefit 
applications to help ensure that those who receive immigration benefits 
have come to join the people of the United States in building a better 
society and not to do harm.
    The process of performing security checks has been designed to 
compare information on applicants, petitioners, beneficiaries, 
derivatives and household members who apply for an immigration benefit 
on a BCIS immigration benefit application against various Federal 
lookout systems.
    The purpose of conducting security checks is to help law 
enforcement agencies identify risks to the community and/or to national 
security and to prevent ineligible individuals from obtaining 
immigration benefits. BCIS performs two routine checks; one when the 
application is initially received, and one at the time of adjudication.
    This change in the manner in which BCIS processes immigration 
benefit applications has increased processing costs because the costs 
of performing these checks were not factored into the initial fee 
schedule. As a result, existing resources have been diverted in order 
to perform the additional security checks until the fees could be 
adjusted to cover these costs.
    To determine the impact on resources of the additional security 
checks, BCIS developed a methodology to identify the additional time or 
``level of effort'' needed to perform the additional security checks by 
an adjudicator, since time is a key factor in determining immigration 
benefit application fees.
    In identifying the average time for the additional security checks, 
BCIS employed a time and motion study through on-site visits to various 
field offices. To collect a representative sample, BCIS reviewed 
adjudications at small, medium, and large-sized field offices. To 
ensure the integrity of the process, BCIS personnel interviewed those 
who performed the security checks on various immigration benefit 
applications, validated the times through random observations, and 
revalidated those times with BCIS personnel.
    BCIS calculated the total time requirements using average check 
times, average number of checks per application, as well as application 
volumes (using number of applications received for the initial check 
and number of applications completed for the adjudications check). The 
total time was then converted into the total cost of performing the 
additional security checks.
    The analysis revealed an annual cost of about $140 million to 
recover the costs of security enhancements. This equates to a $21 per 
application charge.

B. Program Enhancements and New Activities

    The rule proposes adjusting the fees to cover an annual cost of 
about $46 million to support other program enhancements and new 
activities. This equates to a $7 per application charge. A description 
of these activities follow.
    Improving Refugee Processing. Currently, the BCIS Office of Refugee 
Affairs (ORA) has neither the workforce nor the management structure 
needed to meet the processing challenges facing BCIS overseas, 
particularly in the wake of the September 11, 2001 terrorist attacks 
and the resulting security mandates. ORA relies on temporary duty 
personnel borrowed from other BCIS programs, in particular the Asylum 
Program, to meet virtually all its processing responsibilities. When 
refugee processing was largely confined to well-defined caseloads at 
limited and easily accessible locations, small numbers of temporary 
duty personnel were usually able to generate enough refugee approvals 
to meet refugee admissions goals. However, as the U.S. Refugee Program 
(USRP) continues to focus on more diverse, at-risk populations and to 
attempt to increase the responsiveness of the USRP to these 
populations, it is increasingly difficult for it to meet its 
responsibilities with the limited flexibility and resources that can be 
provided by other programs with equally critical missions. Therefore, 
BCIS plans to establish a refugee corps with dedicated staff focused on 
this population.
    This new structural and functional arrangement will greatly improve 
the quality of refugee adjudications and oversight, provide cost-
effective immigration services, and significantly improve the nation's 
ability to secure our borders without compromising humanitarian 
objectives.
    Providing Naturalization Services for Military Personnel. On 
November 24, 2003, the President signed the National Defense 
Authorization Act for Fiscal Year 2004 (Public Law 108-136). Title XVII 
of this Act, among other things, removes the fees for individuals 
eligible for expedited naturalization through military service under 
sections 328 and 329 of the INA, 8 U.S.C. 1439 and 1440, effective 
October 1, 2004. The Congressional Budget Office (CBO) estimates two-
thirds (over 30,000) of the eligible persons would apply for 
naturalization, including an additional twenty-five positions to 
provide naturalization services to military personnel in overseas 
locations, as also authorized by Title XVII. Therefore, the rule 
proposes to adjust the fees to recover these additional costs. A 
conforming change to the reference to the N-400 fee in the rule is also 
made in order to implement the fee limitation provided by Title XVII.
    Office of Citizenship. Section 451(f) of the Homeland Security Act 
of 2002 states, ``There shall be a position of Chief of the Office of 
Citizenship and Immigration Services. The Chief of the Office of 
Citizenship and Immigration Services shall be responsible for promoting 
instruction and training on citizenship responsibilities for aliens 
interested in becoming naturalized citizens of the United States, 
including the development of educational materials.''
    Other Activities. BCIS is undergoing a significant competitive 
sourcing study for public-private job competitions of the functions 
performed by Immigration Information Officers and Contact 
Representatives. In addition, BCIS seeks to recover the annual costs of 
litigation settlements. These legal costs are not included in the 
current fee structure.

C. Administrative Support Costs

    As previously stated, BCIS has authority under the INA to recover 
full costs of the program, including administrative costs. To date, 
these administrative costs have been funded through discretionary 
appropriations. In FY 2004, BCIS was appropriated $235 million of which 
$155 million

[[Page 5090]]

supported administrative costs (e.g. records management, forms 
management, human resources, procurement, budget, finance). Since these 
costs are associated with the processing of immigration benefit 
applications, BCIS proposes adjusting the fees to recover these costs 
in accordance with the INA. The annual amount, adjusted for FY 2004 and 
FY 2005, of $157 million equates to a $23 per application charge.

D. Cost of Living

    To maintain current service levels, the current immigration benefit 
application fees were adjusted for cost of living increases for FY 2004 
and FY 2005 based upon inflationary rates used for the President's 
annual budget request. This increase in the annual amount of $28 
million equates to a $4 average per application charge.

How Is the Biometric Fee Changing in This Rule?

    BCIS charges a fee to recover the operating costs of its 
fingerprinting program. The costs of the program have risen since 1999, 
the time of the last fee review. The annualized cost of the program is 
$96 million, which includes the capability to electronically capture 
and retain necessary biometrics (photo, signature, and press-print 
images) for certain immigration benefit applications at the time of the 
applicant/petitioner's first visit to a BCIS Application Support 
Center. This equates to an increase of $20. Therefore, the new 
biometric fee will be $70.
    To better describe the services provided under this fee, the 
proposed rule refers to it as a biometric fee rather than a 
fingerprinting fee.

What Are the New Application Fees and How Do the New Fees Compare to 
the Current Fees?

    The proposed new immigration benefit application fees and their 
dollar differences are displayed in Table 1.

       Table 1.--Current versus New Application and Petition Fees
------------------------------------------------------------------------
                                                       Current
      Form No.             Description      New  fee     fee     Change
------------------------------------------------------------------------
I-90................  Application to            $185      $130       $55
                       Replace Permanent
                       Resident Card.
I-102...............  Application for            155       100        55
                       Replacement/Initial
                       Nonimmigrant
                       Arrival/Departure
                       Record.
I-129...............  Petition for a             185       130        55
                       Nonimmigrant Worker.
I-129F..............  Petition for Alien         165       110        55
                       Fianc[eacute](e).
I-130...............  Petition for Alien         185       130        55
                       Relative.
I-131...............  Application for            165       110        55
                       Travel Document.
I-140...............  Immigrant Petition         190       135        55
                       for Alien Worker.
I-191...............  Application for            250       195        55
                       Permission to
                       Return to an
                       Unrelinquished
                       Domicile.
I-192...............  Application for            250       195        55
                       Advance Permission
                       to Enter as a
                       Nonimmigrant.
I-193...............  Application for            250       195        55
                       Waiver of Passport
                       and/or Visa.
I-212...............  Application for            250       195        55
                       Permission to
                       Reapply for
                       Admission into the
                       U.S. After
                       Deportation or
                       Removal.
I-360...............  Petition for               185       130        55
                       Amerasian,
                       Widow(er), or
                       Special Immigrant.
I-485...............  Application to             315       255        60
                       Register Permanent
                       Residence or to
                       Adjust Status.
I-526...............  Immigrant Petition         465       400        65
                       by Alien
                       Entrepreneur.
I-539...............  Application to             195       140        55
                       Extend/Change
                       Nonimmigrant Status.
I-600/600A..........  Petition to Classify       525       460        65
                       Orphan as an
                       Immediate Relative/
                       Application for
                       Advance Processing
                       or Orphan Petition.
I-601...............  Application for            250       195        55
                       Waiver on Grounds
                       of Excludability.
I-612...............  Application for            250       195        55
                       Waiver of the
                       Foreign Residence
                       Requirement.
I-687...............  For Filing                 240       185        55
                       Application for
                       Status as a
                       Temporary Resident.
I-690...............  Application for             90        35        55
                       Waiver of
                       Excludability.
I-694...............  Notice of Appeal of        105        50        55
                       Decision.
I-695...............  Application for             65        15        50
                       Replacement
                       Employment
                       Authorization or
                       Temporary Residence
                       Card.
I-698...............  Application to             175       120        55
                       Adjust Status from
                       Temporary to
                       Permanent Resident.
I-751...............  Petition to Remove         200       145        55
                       the Conditions on
                       Residence.
I-765...............  Application for            175       120        55
                       Employment
                       Authorization.
I-817...............  Application for            195       140        55
                       Family Unity
                       Benefits.
I-824...............  Application for            195       140        55
                       Action on an
                       Approved
                       Application or
                       Petition.
I-829...............  Petition by                455       395        60
                       Entrepreneur to
                       Remove Conditions.
I-881...............  NACARA--Suspension         275       215        60
                       of Deportation or
                       Application for
                       Special Rule
                       Cancellation of
                       Removal.
I-914...............  Application for T          255       200        55
                       Nonimmigrant Status.
N-300...............  Application to File        115        60        55
                       Declaration of
                       Intention.
N-336...............  Request for Hearing        250       195        55
                       on a Decision in
                       Naturalization
                       Procedures.
N-400...............  Application for            320       260        60
                       Naturalization.
N-470...............  Application to             150        95        55
                       Preserve Residence
                       for Naturalization
                       Purposes.
N-565...............  Application for            210       155        55
                       Replacement
                       Naturalization
                       Citizenship
                       Document.
N-600...............  Application for            240       185        55
                       Certification of
                       Citizenship.
N-600K..............  Application for            240       185        55
                       Citizenship and
                       Issuance of
                       Certificate under
                       Section 322.
------------------------------------------------------------------------

    BCIS is also making a number of non-substantive stylistic 
corrections to the fee provisions amended by this rule, and updating 
the cross-reference to fee regulations under the Freedom of Information 
Act in 8 CFR 103.7(b)(2) to refer to Department of Homeland Security 
rather than Department of Justice regulations. Reference to Form I-700 
has been deleted, as this form is no longer used.

Does BCIS Have the Authority To Waive Fees on a Case-By-Case Basis?

    Yes, BCIS has the authority to waive fees on a case-by-case basis 
pursuant to 8 CFR 103.7(c). In all fee waiver requests, applicants are 
required to

[[Page 5091]]

demonstrate ``inability to pay.'' In determining ``inability to pay,'' 
BCIS officers will consider all factors, circumstances, and evidence 
supplied by the applicant including age, disability, household income, 
and qualification within the past 180 days for a Federal means tested 
benefit.

How Will BCIS Inform the Public of Future Fee Adjustments Based Solely 
on Inflation?

    The proposed rule provides that in subsequent years, starting with 
FY 2006, BCIS will adjust the current immigration benefit application 
fees on October 1st each year based upon the inflation level enacted by 
Congress. If Congress has not enacted the inflationary rate by the 
start of the fiscal year, BCIS will use the anticipated inflation rates 
used in the President's annual budget request. BCIS will inform the 
public of the new fee schedule through a notice published in the 
Federal Register and on its Web site.

Regulatory Flexibility Act

    This rule has been reviewed in accordance with 5 U.S.C. 605(b), and 
the Department of Homeland Security certifies 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).
    BCIS acknowledges, however, 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 
the FY 2004/2005 biennial time period, BCIS projects that approximately 
190,000 Forms I-140, 435 Forms I-526, and 508 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. BCIS 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 in 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 a major rule as defined by section 804 of the Small 
Business Regulatory Enforcement Act of 1996. This rule will result in 
an annual effect on the economy of more than $100 million, in order to 
generate the revenue necessary to fully fund the increased cost 
associated with the processing of immigration benefit applications and 
associated support benefits; the full cost of providing similar 
benefits to asylum and refugee applicants; and the full cost of similar 
benefits provided to other immigrants, as specified in the regulation, 
at no charge. The increased costs will be recovered through the fees 
charged for various immigration benefit applications.

Executive Order 12866

    This rule is considered by the Department of Homeland Security to 
be a ``significant regulatory action'' under Executive Order 12866, 
section 3(f), Regulatory Planning and Review. The implementation of 
this interim rule would provide BCIS with an additional $232 million in 
FY 2004 and $394 million in FY 2005 in annual fee revenue, based on a 
projected annual fee-paying volume of 6.8 million, over the fee revenue 
that would be collected under the current fee structure. This increase 
in revenue will be used pursuant to subsections 286(m) and (n) of the 
INA to fund the full costs of processing immigration benefit 
applications and associated support benefits; the full cost of 
providing similar benefits to asylum and refugee applicants; and the 
full cost of similar benefits provided to other immigrants at no 
charge. If BCIS does not adjust the current fees to recover the full 
costs of processing immigration benefit applications, the backlog will 
likely increase. The revenue increase is based on BCIS costs and 
projected volumes that were available at the time of the rule. 
Accordingly, this rule has been reviewed by the Office of Management 
and Budget.

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 Homeland Security 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

    Under the Paperwork Reduction Act of 1995, Public Law No. 104-13, 
109 Stat. 163 (1995), all Departments are required to submit to OMB, 
for review and approval, any reporting or recordkeeping requirements 
inherent in a rule. This rule does not impose any new reporting or 
recordkeeping requirements under the Paperwork Reduction Act.
    It should be noted that the changes to the fees will require 
changes to the application/petition forms to reflect the new fees. BCIS 
will submit a notification to OMB with respect to any such changes.

List of Subjects in 8 CFR Part 103

    Administrative practice and procedures, Authority delegations 
(government agencies), Freedom of information, Privacy, Reporting and 
recordkeeping requirements, Surety bonds.

    Accordingly, part 103 of chapter I of title 8 of the Code of 
Federal Regulations is proposed to be amended as follows:

PART 103--POWERS AND DUTIES; AVAILABILITY OF RECORDS

    1. The authority citation for part 103 continues to read as 
follows:

    Authority: 5 U.S.C. 301, 552, 552(a); 8 U.S.C. 1101, 1103, 1304, 
1356; 31 U.S.C. 9701; Public Law 107-296, 116 Stat. 2135 (6 U.S.C. 1 
et seq.); E.O. 12356, 47 FR 14874, 15557; 3 CFR, 1982 Comp., p. 166; 
8 CFR part 2.
    2. Section 103.7(b) is amended by:
    a. Removing the entry ``For fingerprinting by the Service'' and 
adding the entry ``For capturing biometric information'' in its place, 
and by revising the entries for the following forms in paragraph 
(b)(1);

[[Page 5092]]

    b. Adding the entry for ``Form N-600K'' in paragraph (b)(1);
    c. Revising paragraph (b)(2); and by
    d. Adding a new paragraph (b)(3).
    The revisions and additions read as follows:


Sec. 103.7  Fees.

* * * * *
    (b) * * *
    (1) * * *
* * * * *
    For capturing biometric information. A service fee of $70 will be 
charged for any individual who is required to have biometric 
information captured in connection with an application or petition for 
certain immigration and naturalization benefits (other than asylum), 
and whose residence is in the United States.
* * * * *
    Form I-90. For filing an application for a Permanent Resident Card 
(Form I-551) in lieu of an obsolete card or in lieu of one lost, 
mutilated, or destroyed, or for a change in name--$185.
* * * * *
    Form I-102. For filing a petition for 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--$155.
    Form I-129. For filing a petition for a nonimmigrant worker--$185.
    Form I-129F. For filing a petition to classify a nonimmigrant as a 
fiancee or fiance under section 214(d) of the Act--$165.
    Form I-130. For filing a petition to classify status of an alien 
relative for issuance of an immigrant visa under section 204(a) of the 
Act--$185.
    Form I-131. For filing an application for travel documents--$165.
    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--$190.
    Form I-191. For filing an application for discretionary relief 
under section 212(c) of the Act--$250.
    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--$250.
    Form I-193. For filing an application for waiver of passport and/or 
visa--$250.
    Form I-212. For filing an application for permission to reapply for 
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 in lieu of deportation--
$250.
* * * * *
    Form I-360. For filing a petition for an Amerasian, Widow(er), or 
Special Immigrant--$185, except there is no fee for a petition seeking 
classification as an Amerasian.
    Form I-485. For filing an application for permanent resident status 
or creation of a record of lawful permanent residence--$315 for an 
applicant 14 years of age or older; $215 for an applicant under the age 
of 14 years; no fee for an applicant filing as a refugee under section 
209(a) of the Act.
* * * * *
    Form I-526. For filing a petition for an alien entrepreneur--$465.
    Form I-539. For filing an application to extend or change 
nonimmigrant status--$195.
* * * * *
    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. (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.)--$525.
    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.)--$525.
    Form I-601. For filing an application for waiver of ground of 
inadmissibility 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 subsections.)--$250.
    Form I-612. For filing an application for waiver of the foreign-
residence requirement under section 212(e) of the Act--$250.
    Form I-687. For filing an application for status as a temporary 
resident under section 245A(a) of the Act. A fee of $240 for each 
application or $105 for each application for a minor child (under 18 
years of age) is required at the time of filing with the Department of 
Homeland Security. The maximum amount payable by a family (husband, 
wife, and any minor children) shall be $585.
    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--$90.
    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--$105.
    Form I-695. For filing an application for replacement of temporary 
resident card (Form I-688)--$65.
    Form I-698. For filing an application for adjustment from temporary 
resident status to that of lawful permanent resident under section 
245A(b)(1) of the Act. For applicants filing within 31 months from the 
date of adjustment to temporary resident status, a fee of $135 for each 
application is required at the time of filing with the Department of 
Homeland Security. The maximum amount payable by a family (husband, 
wife, and any minor children (under 18 years of age living at home)) 
shall be $405. For applicants filing after thirty-one months from the 
date of approval of temporary resident status, who file their 
applications on or after July 9, 1991, a fee of $175 (a maximum of $525 
per family) is required. The adjustment date is the date of filing of 
the application for permanent residence or the applicant's eligibility 
date, whichever is later.
* * * * *
    Form I-751. For filing a petition to remove the conditions on 
residence, based on marriage--$200.
    Form I-765. For filing an application for employment authorization 
pursuant to 8 CFR 274a.13--$175.
* * * * *
    Form I-817. For filing an application for voluntary departure under 
the Family Unity Program--$195.
* * * * *
    Form I-824. For filing for action on an approved application or 
petition--$195.
    Form I-829. For filing a petition by entrepreneur to remove 
conditions--$455.
    Form I-881. For filing an application for suspension of deportation 
or special rule cancellation of removal (pursuant to section 203 of 
Public Law 105-100):
    --$275 for adjudication by the Department of Homeland Security, 
except that the maximum amount payable by family members (related as 
husband, wife, unmarried child under 21, unmarried son, or unmarried 
daughter) who submit applications at the same time shall be $550.
    --$155 for adjudication by the Immigration Court (a single fee of 
$155 will be charged whenever applications are filed by two or more 
aliens in the same proceedings). The $155 fee is not required if the 
Form I-881 is referred to the Immigration Court by the Department of 
Homeland Security.
* * * * *
    Form I-914. For filing an application to classify an alien as a 
nonimmigrant under section 101(a)(15)(T) of the Act

[[Page 5093]]

(victims of a severe form of trafficking in persons and their immediate 
family members)--$255. For each immediate family member included on the 
same application, an additional fee of $105 per person, up to a maximum 
amount payable per application of $510.
    Form N-300. For filing an application for declaration of intention-
-$115.
    Form N-336. For filing a request for hearing on a decision in 
naturalization proceedings under section 336 of the Act--$250.
    Form N-400. For filing an application for naturalization (other 
than such application filed on or after October 1, 2004, by an 
applicant who meets the requirements of sections 328 or 329 of the Act 
with respect to military service, for which no fee is charged)--$320.
* * * * *
    Form N-470. For filing an application for benefits under section 
316(b) or 317 of the Act--$150.
    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(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--$210.
    Form N-600. For filing an application for a certificate of 
citizenship under section 309(c) or section 341 of the Act--$240, for 
applications filed on behalf of a biological child and $200 for 
applications filed on behalf of an adopted child.
    Form N-600K. For filing an application for citizenship and issuance 
of certificate under section 322 of the Act--$240, for an application 
filed on behalf of a biological child and $200 for an application filed 
on behalf of an adopted child.
* * * * *
    (2) Fees for production or disclosure of records under 5 U.S.C. 552 
shall be charged in accordance with the regulations of the Department 
of Homeland Security, 6 CFR 5.11.
    (3) The fees prescribed in paragraph (b)(1) of this section shall 
be adjusted at least annually on or after October 1, 2005, by 
publication of an inflation adjustment. The inflation adjustment will 
be announced by notice in the Federal Register, and shall be based upon 
the inflation rate enacted by Congress. If Congress has not enacted the 
inflation rate by the start of the year, BCIS will use the anticipated 
inflation rates used in the President's annual budget request. The 
prescribed fee or charge shall be the amount prescribed in paragraph 
(b)(1) of this section, as amended by the latest of any such inflation 
adjustment. The fees have been rounded to the nearest whole $5 
increment in accordance with BCIS' standard practice.
* * * * *

    Dated: January 30, 2004.
Tom Ridge,
Secretary of Homeland Security.
[FR Doc. 04-2290 Filed 1-30-04; 2:44 pm]
BILLING CODE 4410-10-P




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