Federal Register / Vol. 88, No. 2 / Wednesday, January 4, 2023 / Proposed Rules

402 Federal Register / Vol. 88, No.
2 / Wednesday, January 4, 2023 / Proposed Rules
DEPARTMENT OF HOMELAND comments during the virtual public 3. Current Fees

SECURITY listening sessions, you must register IV. Fee-Setting Approach—Reversal of 2020
before the listening session in question. Fee Rule
8 CFR Parts 103, 106, 204, 212, 214, For registration instructions, see the V. FY 2022/2023 Immigration Examinations
Fee Account Fee Review
240, 244, 245, 245a, 264 and 274a Public Participation section below. A. USCIS Projected Costs and Revenue
[CIS No. 2687–21; DHS Docket No. USCIS ADDRESSES: You may submit comments 1. USCIS Budget History
2021–0010] on the entirety of this proposed rule 2. FY 2022/2023 Cost Projections
package, identified by DHS Docket No. a. General Expenses
RIN 1615–AC68 USCIS–2021–0010, through the Federal b. Payroll
eRulemaking Portal: https:// c. Related Rulemakings
U.S. Citizenship and Immigration d. Cost Summary
Services Fee Schedule and Changes to www.regulations.gov. Follow the
3. FY 2022/2023 Revenue Projections
website instructions for submitting
Certain Other Immigration Benefit 4. Projected Cost and Revenue Differential
comments. Comments submitted in a B. Methodology
Request Requirements
manner other than the one listed above, 1. Volume
AGENCY: U.S. Citizenship and including emails or letters sent to DHS a. Workload Volume and Volume
Immigration Services, DHS. or USCIS officials, will not be Projection Committee
ACTION: Proposed rule. considered comments on the proposed b. Fee-Paying Volume
rule and may not receive a response 2. Completion Rates
SUMMARY: The Department of Homeland from DHS. Please note that DHS and 3. Assessing Proposed Fees
4. Funding the Asylum Program With
Security (DHS) proposes to adjust USCIS cannot accept any comments that
Employer Petition Fees
certain immigration and naturalization are hand delivered or couriered. In C. Exclusion of Temporary or Uncertain
benefit request fees charged by U.S. addition, USCIS cannot accept Programs
Citizenship and Immigration Services comments contained on any form of D. Consideration of DACA Rulemaking
(USCIS). USCIS conducted a digital media storage devices, such as E. Fee-Related Issues for Consideration
comprehensive biennial fee review and CDs/DVDs and USB drives. Due to 1. Accommodating E-filing and Form
determined that its costs have increased Coronavirus Disease (COVID–19), Flexibility
considerably since its previous fee USCIS is also not accepting mailed 2. Processing Time Outlook
adjustment due to expanded comments at this time. If you cannot VI. Fee Waivers
A. Background
humanitarian programs, higher demand, submit your comment by using https://
B. The 2020 Fee Rule Fee Waiver Changes
increased processing times, and a need www.regulations.gov, please contact C. Inability To Pay
for more USCIS employees. USCIS Samantha Deshommes, Chief, D. USCIS Director’s Discretionary Fee
cannot maintain adequate service levels Regulatory Coordination Division, Waivers and Exemptions
with the effects of the budget cuts and Office of Policy and Strategy, U.S. E. Requirements To Submit Fee Waiver
its current level of spending without Citizenship and Immigration Services, Form
lasting impacts on operations. DHS Department of Homeland Security, by F. Form and Policy Changes
proposes to adjust USCIS fees, add new telephone at (202) 658–9621 for G. Request for Comments
fees for certain benefit requests, alternate instructions. VII. Fee Exemptions
A. Codification of Benefit Requests With
establish distinct fees for petitions for FOR FURTHER INFORMATION CONTACT: No Fees and Exemptions of Certain
nonimmigrant workers, and limit the Carol Cribbs, Deputy Chief Financial Categories or Classifications From Fees
number of beneficiaries on certain Officer, U.S. Citizenship and B. Proposed Fee Exemptions
forms. DHS is also proposing additional Immigration Services, Department of 1. Victims of Severe Form of Trafficking (T
fee exemptions for certain humanitarian Homeland Security, 5900 Capital Nonimmigrants)
categories and changes to certain other Gateway Drive, Camp Springs, MD 2. Victims of Qualifying Criminal Activity
immigration benefit request 20746; telephone 240–721–3000 (this is (U Nonimmigrants)
requirements. If DHS does not adjust not a toll-free number). Individuals with 3. VAWA Form I–360 Self-Petitioners
USCIS fees it will not have the resources Derivatives
hearing or speech impairments may
4. Conditional Permanent Residents Filing
it needs to provide adequate service to access the telephone numbers above via a Waiver of the Joint Filing Requirement
applicants and petitioners or be able to TTY by calling the toll-free Federal Based on Battery or Extreme Cruelty
keep pace with incoming benefit request Information Relay Service at 877–889– 5. Abused Spouses and Children Seeking
workload, and USCIS processing times 5627 (TTY/TDD). Benefits Under CAA and HRIFA
and backlogs will not improve. DHS SUPPLEMENTARY INFORMATION: 6. Abused Spouses and Children Seeking
intends for this rulemaking to provide Benefits Under NACARA
the funding required for USCIS to Table of Contents 7. Abused Spouses and Children of LPRs
improve service levels. I. Public Participation or U.S. Citizens Under INA Sec.
II. Executive Summary 240A(b)(2)
DATES: Written comments must be
A. Summary of Economic Impacts 8. Special Immigrant Afghan or Iraqi
submitted on this proposed rule on or Translators or Interpreters, Iraqi
B. Summary of Proposed Provisions
before March 6, 2023. The electronic C. Summary of Current and Proposed Fees Nationals Employed by or on Behalf of
Federal Docket Management System III. Basis for the Fee Review the U.S. Government, or Afghan
will accept comments before midnight A. Legal Authority and Guidance Nationals Employed by or on Behalf of
khammond on DSKJM1Z7X2PROD with PROPOSALS2
eastern time at the end of that day. B. Effect of FY 2022 Appropriations the U.S. Government or Employed by the
Listening session date: DHS will hold C. Immigration Examinations Fee Account International Security Assistance Force
virtual public listening sessions during D. Full Cost Recovery and Derivative Beneficiaries
E. The Use of Premium Processing Funds 9. Special Immigrant Juveniles
which the public may speak directly to
Under the Emergency Stopgap USCIS 10. Temporary Protected Status
USCIS on the questions raised in this 11. Asylees
Stabilization Act
proposed rule. A session will be held on F. Fee Review History 12. Refugees
January 11, 2023 at 2:00 p.m. ET. 1. Current State of USCIS Fee Schedule 13. Person Who Served Honorably on
Listening sessions registration date: Regulations Active Duty in the U.S. Armed Forces
For an opportunity to provide oral 2. Previous Fee Rules Filing Under INA Sec. 101(A)(27)(K)
VerDate Sep<11>2014 20:56 Jan 03, 2023 Jkt 259001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\04JAP2.SGM 04JAP2
Federal Register / Vol. 88, No. 2 / Wednesday, January 4, 2023 / Proposed Rules 403
14. Summary of Proposed Fee Exemptions a. Suitability and Eligibility Extensions CPI–U Consumer Price Index for All Urban
C. Request for Comments b. New Approval Notices Consumers
VIII. Other Proposed Changes in the FY 2022/ c. Change of Country CPR Conditional Permanent Residents
2023 Fee Schedule d. Duplicate Approval Notices CRA Congressional Review Act
A. Clarifying Dishonored Fee Check Re- e. Hague Adoption Convention Transition DACA Deferred Action for Childhood
Presentment Requirement and Fee Cases Arrivals
Payment Method 5. Form I–800A, Supplement 3, Request for DCL Dedicated Commuter Lane
B. Payment Method Action on Approved Form I–800A DHS Department of Homeland Security
C. Non-Refundable Fees O. Immigrant Investors DoD Department of Defense
D. Eliminating $30 Returned Check Fee 1. Immediate Effects of the EB–5 Reform DOJ Department of Justice
E. Changes to Biometric Services Fee and Integrity Act of 2022 DOL Department of Labor
1. Incorporating Biometric Activities Into 2. Background of the EB–5 Program DOS Department of State
Immigration Benefit Request Fees 3. Proposed EB–5 Program Fees EAD Employment Authorization Document
2. Retaining the Separate Biometric P. Genealogy and Records EB–5 Employment-Based Immigrant Visa,
Services Fee for Temporary Protected 1. Genealogy Search and Records Requests Fifth Preference
Status 2. Request for a Certificate of Non- EIN Employer Identification Number
3. Executive Office for Immigration Review Existence E.O. Executive Order
Biometric Services Fee Q. Fees Shared by CBP and USCIS EOIR Executive Office for Immigration
F. Naturalization and Citizenship-Related R. Form I–881, Application for Suspension Review
Forms of Deportation or Special Rule FBI Federal Bureau of Investigation
1. Application for Naturalization (Form N– Cancellation of Removal (Pursuant to FDNS Fraud Detection and National
400) Fee Section 203 of Public Law 105–100 Security Directorate
2. Request for Reduced Fee (Form I–942) (NACARA)) FOIA Freedom of Information Act
3. Military Naturalization and Certificates S. 9–11 Response and Biometric Entry-Exit FPG Federal Poverty Guidelines
of Citizenship Fee for H–1B and L–1 Nonimmigrant FY Fiscal Year
4. Application for Certificate of Citizenship Workers (Pub. L. 114–113 Fees) GAO U.S. Government Accountability
(Form N–600) and Application for T. Adjusting Fees for Inflation Office
Citizenship and Issuance of Certificate U. Miscellaneous Technical and GE General Expenses
Under Section 322 (Form N–600K) Procedural Changes GPO Government Publishing Office
5. Proposed Changes to Other IX. Proposed Fee Adjustments to IEFA HHS U.S. Department of Health and Human
Naturalization-Related Application Fees Immigration Benefits Services
6. Request for Comments A. Impact of Fees HRIFA Haitian Refugee Immigration
G. Fees for Online Filing B. USCIS Fiscal Health Fairness Act
H. Form I–485, Application to Register C. Planned Increases in Efficiency IEFA Immigration Examinations Fee
Permanent Residence or Adjust Status X. Statutory and Regulatory Requirements Account
1. Interim Benefits A. Executive Order 12866 (Regulatory ILRC Immigrant Legal Resource Center v.
2. Form I–485 Fee for Child Under 14, Planning and Review) and Executive Wolf
Filing With Parent Order 13563 (Improving Regulation and INA Immigration and Nationality Act of
3. INA Sec. 245(i) Statutory Sum Regulatory Review) 1952
I. Continuing To Hold Refugee Travel B. Regulatory Flexibility Act INS Immigration and Naturalization Service
Document Fee for Asylees to the C. Unfunded Mandates Reform Act IOAA Independent Offices Appropriations
Department of State Passport Fee D. Small Business Regulatory Enforcement Act
J. Form I–131A, Carrier Documentation Fairness Act of 1996 (Congressional IPO Immigrant Investor Program Office
K. Separating Fees for Form I–129, Petition Review Act) IRFA Initial Regulatory Flexibility Analysis
for a Nonimmigrant Worker, by E. Executive Order 13132 (Federalism) IRIS Immigration Records and Identity
Nonimmigrant Classification F. Executive Order 12988 (Civil Justice Services
1. Form I–129, Petition for Nonimmigrant Reform) ISAF International Security Assistance
Worker: H–1 Classifications G. Executive Order 13175 (Consultation Force
2. Form I–129, Petitions for H–2A or H–2B and Coordination With Indian Tribal LPR Lawful Permanent Resident
Classifications Governments) NACARA Nicaraguan Adjustment and
3. Form I–129, Petition for Nonimmigrant H. Paperwork Reduction Act Central American Relief Act
Worker: L Classification I. National Environmental Policy Act NAFTA North American Free Trade
4. Form I–129, Petition for Nonimmigrant J. Family Assessment Agreement
Worker: O Classifications NAICS North American Industry
List of Acronyms and Abbreviations
5. Form I–129, Petition for Nonimmigrant Classification System
Worker: E and TN Classifications AAPA Afghan Allies Protection Act of 2009 NATO North Atlantic Treaty Organization
6. Form I–129, Petition for Nonimmigrant ABC Activity-Based Costing NCE New Commercial Enterprise
Worker: H–3, P, Q, or R Classifications ACWIA American Competitiveness and NEPA National Environmental Policy Act
7. Separating Form I–129 Into Multiple Workforce Improvement Act NPRM Notice of Proposed Rulemaking
Forms AFM Adjudicator’s Field Manual NRC National Records Center
8. Commonwealth of the Northern Mariana APEC U.S. Asia-Pacific Economic NWIRP Northwest Immigration Rights
Islands Fees Cooperation Project v. United States Citizenship and
9. H–1B Electronic Registration Fee ASC Application Support Center Immigration Services
L. Premium Processing—Business Days ASVVP Administrative Site Visit and OAW Operation Allies Welcome
M. Permitting Combined Payment of the Verification Program OIG DHS Office of Inspector General
Premium Processing Fee BLS Bureau of Labor Statistics OMB Office of Management and Budget
N. Intercountry Adoptions CAA Cuban Adjustment Act OP Operating Plan

1. Adjustment to Proposed Fees for Certain CBP U.S. Customs and Border Protection OPQ Office of Performance and Quality
Intercountry Adoption-Specific Forms CEQ Council on Environmental Quality OPT Optional Practical Training
2. Clarification of Fee Exception for Birth CFO Chief Financial Officer PRA Paperwork Reduction Act
Siblings CFO Act Chief Financial Officers Act of PRC Permanent Resident Card
3. Suitability and Eligibility Approval 1990 RAIO Refugee, Asylum, and International
Validity Period CNMI Commonwealth of the Northern Operations Directorate
4. Form I–600A/I–600, Supplement 3, Mariana Islands RAP Resource Allocation Plan
Request for Action on Approved Form I– COVID Coronavirus Disease RFA Regulatory Flexibility Act
600A/I–600 CPI Consumer Price Index RFE Request for Evidence
404 Federal Register / Vol. 88, No. 2 / Wednesday, January 4, 2023 / Proposed Rules
RIA Regulatory Impact Analysis this rulemaking’s eDocket number: last adjusted the fee schedule on
SAM Staffing Allocation Model USCIS–2021–0010. The docket includes December 23, 2016, by a weighted
SAVE Systematic Alien Verification for additional documents that support the average increase of 21 percent. See 81
Entitlements
analysis contained in this proposed rule FR 73292 (Oct. 24, 2016) (final rule) (FY
SBA Small Business Administration
SBREFA Small Business Regulatory to determine the specific fees that are 2016/2017 fee rule). USCIS budget and
Enforcement Fairness Act of 1996 proposed. These documents include: revenue estimates at the time indicated
SCOPS Service Center Operations • Fiscal Year (FY) 2022/2023 there would be an average annual deficit
SEA Small Entity Analysis Immigration Examinations Fee Account of $560 million without adjusting fees.
SEVP Student and Exchange Visitor (IEFA) Fee Review Supporting DHS issued a final rule to adjust the
Program Documentation (supporting USCIS fee schedule on August 3, 2020,
SIJ Special Immigrant Juvenile documentation); by a weighted average of 20 percent,
SOFA Status of Forces Agreement
STEM OPT Science, Technology,
• FY 2022/2023 IEFA Fee Schedule reflecting the results of the FY 2019/
Engineering, and Mathematics Optional Documentation (fee schedule 2020 USCIS fee review. See 85 FR 46788
Practical Training documentation); (2020 fee rule). DHS estimated an
TEA Targeted Employment Area • FY 2022/2023 IEFA Fee Review average annual USCIS deficit of
TECRO Taipei Economic and Cultural Model Documentation (model $1,035.9 million. The rule was
Representative Office documentation); scheduled to become effective on
TPS Temporary Protected Status • FY 2022/2023 Fee Review October 2, 2020. However, that rule was
TVPRA William Wilberforce Trafficking Regulatory Impact Analysis (RIA); and preliminarily enjoined, and USCIS has
Victims Protection Reauthorization Act of
2008
• FY 2022/2023 Fee Review Small not implemented the fees set out in the
UMRA Unfunded Mandates Reform Act Entity Analysis (SEA). 2020 fee rule.6 In this rule, DHS
USCIS U.S. Citizenship and Immigration You may review these documents on proposes to replace the 2020 fee rule in
Services the electronic docket. The software 1 its entirety by revising the regulatory
USMCA U.S. Mexico-Canada Agreement used to compute the immigration changes codified by the enjoined 2020
VAWA Violence Against Women Act benefit request 2 fees and biometric fee rule. Certain changes in the 2020 fee
VPC Volume Projection Committee fees 3 is a commercial product licensed rule are proposed to be retained by
I. Public Participation to USCIS that may be accessed on-site, being republished.
by appointment, by calling 240–721– USCIS is primarily funded by fees
DHS invites you to participate in this 6080.4 charged to applicants and petitioners for
rulemaking by submitting written data, FAQ: To provide maximum immigration and naturalization benefit
views, or arguments on all aspects of transparency and clarity to the public requests. Fees collected from
this proposed rule. Comments providing on this proposed rule, DHS has individuals and entities filing
the most assistance to DHS will provided a list of frequently asked immigration benefit requests are
reference a specific portion of the questions and answers (FAQ) that deposited into the Immigration
proposed rule, explain the reason for summarize the content and context of Examinations Fee Account (IEFA).
any recommended change, and include this rule in an easily readable and These fee collections fund the cost of
data, information, or authority that understandable summary fashion. We fairly and efficiently adjudicating
supports the recommended change. have placed the FAQ in the eDocket immigration benefit requests, including
Instructions: All submissions should those provided without charge to
USCIS–2021–0010, as well as on the
include the agency name and DHS refugee, asylum, and certain other
USCIS website at https://www.uscis.gov/
Docket No. USCIS–2021–0010 for this applicants or petitioners. The focus of
proposed-fee-rule-faqs.
rulemaking. Providing comments is this fee review is the fees that DHS has
entirely voluntary. Regardless of how II. Executive Summary established and is authorized by INA
you submit your comment, DHS will DHS proposes to adjust the USCIS fee section 286(m), 8 U.S.C 1356(m), to
post all submissions, without change, to schedule, which specifies the fee establish or change, collect, and deposit
the Federal eRulemaking Portal at amount charged for each immigration into the IEFA, which comprised
https://www.regulations.gov and will and naturalization benefit request.5 DHS approximately 96 percent of USCIS’
include any personal information you total FY 2021 enacted spending
provide. Because the information you 1 USCIS uses commercially available activity-
authority; this fee review does not focus
submit will be publicly available, you based costing (ABC) software, CostPerform, to
on fees that USCIS is required to collect
should consider limiting the amount of create financial models as described in the
supporting documentation. but cannot change. This rule also
personal information in your 2 Benefit request means any application, petition, proposes to revise the genealogy
submission. DHS may withhold motion, appeal, or other request relating to an program fees established under INA
information provided in comments from immigration or naturalization benefit, whether such section 286(t), 8 U.S.C. 1356(t), and
public viewing if it determines that such request is filed on a paper form or submitted in an
those funds are also deposited into the
information is offensive or may affect electronic format, provided such request is
submitted in a manner prescribed by DHS for such IEFA. Premium processing funds
the privacy of an individual. For purpose. See 8 CFR 1.2.
additional information, please read the 3 DHS uses the terms biometric fees, biometric
Action for Childhood Arrivals (DACA) is solely an
Privacy Act notice available through the services fees, and biometric fee synonymously in exercise of prosecutorial discretion by DHS, is not
link in the footer of https:// this rule to describe the cost and process for an immigration benefit, and is called a ‘‘benefit
capturing, storing, or using biometrics. request’’ solely for purposes of this rule. Likewise,
www.regulations.gov. 4 This proposed rule describes key inputs to the a request for genealogy records is not a request for
Registration for listening session: To ABC model (for example, budget, workload an immigration benefit. For historic receipts and
register and receive information on how forecasts, staffing, and completion rates), both here completion information, see USCIS immigration
to attend the virtual public listening and in the supporting documentation. and citizenship data available at https://
sessions, please go to: https:// 5 For the purposes of this rulemaking, DHS is www.uscis.gov/tools/reports-studies/immigration-
including all requests funded from the IEFA in the forms-data.
www.uscis.gov/outreach/upcoming-
term ‘‘benefit request’’ or ‘‘immigration benefit 6 Immigrant Legal Res. Ctr. v. Wolf, 491 F. Supp.
national-engagements. request’’ although the form or request may not 3d 520 (N.D. Cal. 2020) (ILRC); Nw. Immigrant
Docket: For access to the docket, go to technically relate to an immigration or Rights Project v. USCIS, 496 F. Supp. 3d 31 (D.D.C.
https://www.regulations.gov and enter naturalization benefit. For example, Deferred 2020) (NWIRP).
established under INA section 286(u), 8 2022/2023, USCIS estimates would be $4,541,302,033, discounted at
U.S.C. 1356(u) are also IEFA fees, but approximately 8 million annual average 3-percent and $3,739,208,286
premium processing fees are not receipts for workload with fees. Of discounted at 7-percent.
proposed to be changed in this rule. those, USCIS estimates approximately 7 The proposed changes in this rule
In accordance with the requirements million may pay fees. DHS proposes to would also provide several benefits to
and principles of the Chief Financial maintain the current fee waiver policy DHS and applicants/petitioners seeking
Officers Act of 1990 (CFO Act), codified which was established in 2011.8 immigration benefits. For the
at 31 U.S.C. 901–03, and Office of The proposed fees would ensure that Government, the primary benefits
Management and Budget (OMB) IEFA revenue covers USCIS’ costs include reduced administrative burdens
Circular A–25, USCIS conducts biennial associated with adjudicating and fee processing errors, increased
reviews of the non-statutory fees immigration benefit requests. The efficiency in the adjudicative process,
deposited into the IEFA. Following such proposed fee schedule accounts for and the ability to better assess the cost
reviews, DHS proposes fee adjustments, increased costs to adjudicate of providing services, which allows for
if necessary, to ensure that USCIS fees immigration benefit requests, detect and better aligned fees in future regulations.
recover the full cost of operating USCIS deter immigration fraud, and vet The primary benefits to the applicants/
as authorized by INA section 286(m), 8 applicants, petitioners, and petitioners include the simplification of
U.S.C. 1356(m). USCIS has completed a beneficiaries. See section V.A. of this the fee payment process for some forms,
fee review for the FY 2022/2023 preamble for a discussion of IEFA elimination of the $30 returned check
biennial period. The primary objective budget history and cost projections for fee, USCIS’ expansion of the electronic
of any IEFA fee review is to determine this rulemaking. DHS also proposes to filing system to include more forms, and
whether current immigration and expand fee exemptions for certain for many applicants, limited fee
naturalization benefit fees will generate applicants and petitioners for increases and additional fee exemptions
sufficient revenue to fund the humanitarian benefits. Additionally, to reduce fee burdens.
anticipated operating costs associated DHS proposes to establish distinct fees Fee increases and other changes in
with administering the nation’s legal for different categories of petitions for this proposed rule would result in
immigration system. The results nonimmigrant workers. DHS proposes annualized transfer payments from
indicate that current fee levels are to set a range of fees that vary by the applicants/petitioners to USCIS of
insufficient to recover the full cost of nonimmigrant classification and to limit approximately $1,612,133,742
operations funded by the IEFA. petitions for nonimmigrant workers to discounted at both 3-percent and 7-
Therefore, DHS proposes to adjust 25 named beneficiaries. DHS believes percent. The total 10-year transfer
USCIS fees. the proposed fees more accurately payments from applicants/petitioners to
In addition to the requirements of the reflect the differing burdens of
USCIS would be $13,751,827,819 at a 3-
CFO Act, there are other important adjudication and will enable USCIS to
percent discount rate and
reasons for conducting the FY 2022/ adjudicate these petitions more
$11,322,952,792 at a 7-percent discount
2023 fee review. The fee review: effectively.
rate.
• Allows for an assessment of USCIS A. Summary of Economic Impacts Fee reductions and exemptions in this
policy changes, staffing levels, costs, proposed rule would result in
and revenue and other assessments. The fee adjustments, as well as
changes to the forms and fee structures annualized transfer payments from
USCIS evaluates operational USCIS to applicants/petitioners of
requirements and makes informed used by USCIS, would result in net
costs, benefits, and transfer payments. approximately $116,372,429 discounted
decisions concerning program scaling, at both 3-percent and 7-percent. The
resource planning, and staffing For the 10-year period of analysis of the
rule (FY 2023 through FY 2032), DHS total 10-year transfer payments from
allocations; and USCIS to applicants/petitioners would
• Provides those served by USCIS estimates the annualized net costs to the
public would be $532,379,138 be $992,680,424 at a 3-percent discount
with an opportunity to submit
discounted at 3- and 7-percent. rate and $817,351,244 at a 7-percent
comments on the effect of fee changes.
Estimated total net costs over 10 years discount rate.
USCIS calculates its fees to recover
the full cost of operations funded by the The annualized transfer payments
IEFA. These costs do not include by immigration benefit type and the resulting effect from the Department of Defense (DoD)
limited appropriations provided by
on fee revenue. The 40-percent weighted average to USCIS would be approximately
increase is a change in the average fee for a form $222,145 at both 3- and 7-percent
Congress. If USCIS continues to operate that currently requires a fee compared to the
at current fee levels, it would average proposed fee per form. The sum of the discount rates. The total 10-year transfer
experience an average annual shortfall current fees, multiplied by the projected FY 2022/ payments from DoD to USCIS would be
2023 fee-paying receipts for each immigration $1,894,942 at a 3-percent discount rate
(the amount by which expenses exceed benefit type, divided by the total fee-paying
revenue) of $1,868.2 million. This receipts, is $518. The sum of the proposed fees,
and $1,560,254 at a 7-percent discount
projected shortfall poses a risk of multiplied by the projected FY 2022/2023 receipts rate.
for each immigration benefit type, divided by the
degrading USCIS operations funded by fee-paying receipts, is $725. There is a $207, or B. Summary of Proposed Provisions
the IEFA. approximately 40-percent, difference between the
Although this fee schedule represents two averages. These averages exclude fees that do
This proposed rule includes the
a 40-percent overall weighted average not receive cost reallocation, such as the separate following proposals:
• Adjusting fees according to the
biometric services fee and the proposed genealogy

increase to ensure full cost recovery, fees.
more than a million immigration benefit schedule in Tables 1 and 26.
• Adding new fee exemptions for
8 See Policy Memorandum, Fee Waiver
requestors each year would see no Guidelines as Established by the Final Rule of the
increase or a decrease in costs because USCIS Fee Schedule; Revisions to Adjudicator’s certain humanitarian programs and
their benefit requests have no fee, are Field Manual (AFM) Chapter 10.9, AFM Update preserving the fee waiver requirements
AD11–26, available at https://www.uscis.gov/sites/ that are currently being followed.
fee exempt, or are fee waived.7 In FY default/files/document/memos/
FeeWaiverGuidelines_Established_by_the_
• Removing fee exemptions that are
7 USCIS uses a weighted average instead of a Final%20Rule_USCISFeeSchedule.pdf) (last viewed based only on the age of the person
straight average because of the difference in volume March 23, 2022). submitting the request.
• Eliminating the $30 returned check C. Summary of Current and Proposed in effect and not the enjoined fees. In
fee. Fees this proposal, DHS would eliminate the
• Incorporating biometrics costs into Table 1 summarizes the current and additional biometric services fee in most
the main benefit fee and removing the proposed fees. In addition, the proposed cases by including the costs in the
separate biometric services fee. fees and exemptions are incorporated underlying immigration benefit request
into the draft version of USCIS Form G– fee. As such, the Proposed Fees(s)
• Requiring separate filing fees for
1055 as part of the docket for this column does not include an additional
Form I–485 and associated Form I–131
rulemaking. In some cases, the current biometric services fee. Some other
and Form I–765 filings.
or proposed fee may be the sum of benefit requests are listed several times
• Establishing separate fees for Form several fees. For example, several because in some cases DHS proposes
I–129, Petition for Nonimmigrant immigration benefit requests require an distinct fees based on filing methods,
Worker, by nonimmigrant classification. additional biometric services fee under online or paper. DHS proposes to
• Revising the premium processing the current fee structure. The table require fees for Forms I–131 and I–765
timeframe interpretation from calendar includes rows with and without the when filed with Form I–485. As such,
days to business days. additional biometric services fee added Table 1 includes rows that compare the
• Revising adoption-related to the Current Fee(s) column. The current fee for Form I–485 to various
requirements, including adding a Current Fee(s) column represents the combinations of the proposed fees for
Request for Action on Approved Form current fees in effect rather than the Forms I–485, I–131, and I–765. We
I–600A/I–600 (Form I–600A/I–600, enjoined fees from the 2020 fee rule.9 grouped the fees into different
Supplement 3), and associated fees. Throughout this proposed rule, the categories, such as Citizenship and
phrase ‘‘current fees’’ refers to the fees Nationality, Humanitarian, Family-
• Revising regulations related to
Based, Employment-Based, and Other.
genealogy searches, including 9 USCIS provides filing fee information on the All
We included immigration benefit
establishing a fee for Form G–1566, Forms page at https://www.uscis.gov/forms/all-
forms. You can use the Fee Calculator to determine requests without fees in a No Fees
Request for Certificate of Non-Existence.
the exact filing and biometric services fees for any category. DHS proposes to codify these
• Miscellaneous technical and form processed at a USCIS Lockbox facility. See no fee immigration benefit requests. See,
procedural changes. USCIS, Fee Calculator, https://www.uscis.gov/ e.g., proposed 8 CFR 106.2(a)(58)
feecalculator. For a complete list of all USCIS fees,
• Creating lower fees for forms filed see Form G–1055, Fee Schedule, available from through (60).
online. https://www.uscis.gov/g-1055. BILLING CODE 9111–97–P
Table 1: Comoarison of Current10 and Prooosed Fees

Current Proposed
Difference
Immi~ration Benefit Request Fee(s) Fee(s)
Citizenship and Naturalization
Monthly Report on Naturalization
N-4 Papers No Fee No Fee NIA NIA
Application to File Declaration of
N-300 Intention $270 $320 $50 19%
Request for Hearing on a
Decision in Naturalization
N-336 Proceedings - Online or Paper $700 $830 $130 19%
Application for Naturalization -
N-400 Online or Paper $640 $760 $120 19%
Online or Paper (with biometric
N-400 services) $725 $760 $35 5%
N-400 Reduced Fee $320 $380 $60 19%
Reduced Fee (with biometric
N-400 services) $405 $380 -$25 -6%
Application to Preserve
Residence for Naturalization
N-470 Purposes $355 $425 $70 20%
Application for Replacement
Naturalization/Citizenship
N-565 Document - Online or Paper $555 $555 $0 0%
Application for Certificate of
N-600 Citizenship - Online or Paper $1,170 $1,385 $215 18%
Application for Citizenship and
Issuance of Certificate - Online or
N-600K Paper $1,170 $1,385 $215 18%
Application for Posthumous
N-644 Citizenship No Fee No Fee NIA NIA
Medical Certification for
N-648 Disability Exceptions No Fee No Fee NIA NIA
Humanitarian
Credible Fear No Fee No Fee NIA NIA
Application for Asylum and for
1-589 Withholding of Removal No Fee No Fee NIA NIA
Registration for Classification as
1-590 a Refugee No Fee No Fee NIA NIA
Application by Refugee for
Waiver of Inadmissibility
1-602 Grounds No Fee No Fee NIA NIA
EP04JA23.000</GPH>
10These are fees that USCIS is currently charging
and not those codified by the 2020 fee rule.
Table 1: Comparison of Current10 and Proposed Fees

Current Proposed
Difference
lmmieration Benefit Request Fee(s) Fee(s)
Application for Status as a
Temporary Resident Under
1-687 Section 245A of the INA $1130 $1240 $110 10%
Temporary Resident Under
Section 245A of the INA (with
I-687 biometric services) $1 215 $1 240 $25 2%
1-694 Notice of Appeal of Decision $890 $1 155 $265 30%
Application to Adjust Status from
Temporary to Permanent
Resident (Under Section 245A of
1-698 the INA) $1 670 $1670 $0 0%
Temporary to Permanent
Resident (Under Section 245A of
the INA) (with biometric
1-698 services) $1,755 $1,670 -$85 -5%
1-730 RefugeelAsylee Relative Petition No Fee No Fee NIA NIA
Application for Employment
Authorization for Abused
1-765V Nonimmigrant Spouse No Fee No Fee NIA NIA
Application for Family Unity
1-817 Benefits $600 $875 $275 46%
Application for Family Unity
1-817 Benefits (with biometric services) $685 $875 $190 28%
Application for Temporary
1-821 Protected Status - Online or Paper $50 $50 $0 0%
Application for Suspension of
Deportation or Special Rule
Cancellation of Removal (for an
1-881 individual adjudicated by DHS) $285 $340 $55 19%
Cancellation of Removal (for an
individual adjudicated by DHS)
I-881 (with biometric services) $370 $340 -$30 -8%
Cancellation of Removal (for a
1-881 family adjudicated by DHS) $570 $340 -$230 -40%

family adjudicated by DHS) (with
1-881 biometric services for two people) $740 $340 -$400 -54%
EP04JA23.001</GPH>

Current Proposed
Difference
Tmmiwation Benefit Request Fee(s) Fee(s)
family adjudicated by Executive
1-881 Office for Immigration Review) $165 $165 $0 0%
Application for T Nonimmigrant
1-914 Status No Fee No Fee NIA NIA
Application for Family Member
I-914A of T-1 Recipient No Fee No Fee NIA NIA
Petition for U Nonimmigrant
1-918 Status No Fee No Fee NIA NIA
Petition for Qualifying Family
I-918A Member ofU-1 Recipient No Fee No Fee NIA NIA
U Nonimmigrant Status
I-918B Certification No Fee No Fee NIA NIA
Petition for Qualifying Family
1-929 Member of a U-1 Nonimmigrant $230 $270 $40 17%
Reasonable Fear No Fee No Fee NIA NIA
Family-Based
I-129F Petition for Alien Fiance(e) $535 $720 $185 35%
Petition for Alien Relative -
I-130 Online $535 $710 $175 33%
1-130 Petition for Alien Relative - Paper $535 $820 $285 53%
Petition to Classify Orphan as an
1-600 Immediate Relative $775 $920 $145 19%
Immediate Relative (with
1-600 biometric services for one adult) $860 $920 $60 7%
Application for Advance
I-600A Processing of an Orphan Petition $775 $920 $145 19%
Processing of an Orphan Petition
(with biometric services for one
I-600A adult) $860 $920 $60 7%
I-600A/I- Request for Action on Approved
600 Suon. 3 Form I-600A/I-600 NIA $455 NIA NIA
Application for Provisional
I-601A Unlawful Presence Waiver $630 $1,105 $475 75%
Unlawful Presence Waiver (with
I-601A biometric services) $715 $1,105 $390 55%
Petition to Remove Conditions on
1-751 Residence $595 $1,195 $600 101%

Petition to Remove Conditions on
Residence (with biometric
1-751 services) $680 $1,195 $515 76%
EP04JA23.002</GPH>
Table 1: Comuarison of Current10 and Prouosed Fees

Current Proposed
Difference
Immieration Benefit Request Fee(s) Fee(s)
Petition to Classify Convention
Adoptee as an Immediate
I-800 Relative $775 $920 $145 19%
Application for Determination of
Suitability to Adopt a Child from
I-800A a Convention Country $775 $920 $145 19%
Application for Determination of
Suitability to Adopt a Child from
a Convention Country (with
I-800A biometric services) $860 $920 $60 7%
l-800A Request for Action on Approved
Suoo. 3 Form I-800A $385 $455 $70 18%
Request for Action on Approved
I-800A Form I-800A (with biometric
Supp. 3 services) $470 $455 -$15 -3%
Emolovment-Based
Asvlum Program Fee NIA $600 NIA NIA
H-lB Pre-Registration Fee $10 $215 $205 2050%
Petition for a Nonimmigrant
1-129 Worker: H-1 Classifications $460 $780 $320 70%
H-2A Petition - Named
1-129 Beneficiaries $460 $1,090 $630 137%
H-2B Petition - Named
I-129 Beneficiaries $460 $1,080 $620 135%
Petition for L Nonimmigrant
I-129 Worker $460 $1,385 $925 201%
Petition for O Nonimmigrant
I-129 Worker $460 $1,055 $595 129%
Petition for a CNMI-Only
Nonimmigrant Transitional
Worker; Application for
Nonimmigrant Worker: E and TN
Classifications; and Petition for
I-129CW, Nonimmigrant Worker: H-3, P,
and I-129 0 or R Classification $460 $1 015 $555 121%
Petition for a CNMI
I-129CW, Nonimmigrant Worker (with
andI-129 biometric services fee) $545 $1,055 $595 129%
H-2A Petition - Unnamed
I-129 Beneficiaries $460 $530 $70 15%
H-2B Petition - Unnamed
I-129 Beneficiaries $460 $580 $120 26%
Immigrant Petition for Alien

I-140 Worker $700 $715 $15 2%
Immigrant Petition by Standalone
1-526 Investor $3,675 $11,160 $7,485 204%
EP04JA23.003</GPH>

Current Proposed
Difference
Immigrant Petition by Regional
I-526E Center Investor $3,675 $11,160 $7,485 204%
1-765 Authorization - Online $410 $555 $145 35%
1-765 Authorization - Paper $410 $650 $240 59%
Authorization - Online (with
1-765 biometric services) $495 $650 $240 59%
Authorization - Paper (with
1-765 biometric services) $495 $650 $155 31%
Petition by Investor to Remove
Conditions on Permanent
1-829 Resident Status $3,750 $9,525 $5,775 154%
Petition by Investor to Remove
Conditions on Permanent
Resident Status (with biometric
1-829 services) $3,835 $9,525 $5,690 148%
Request for Premium Processing
Service when filing: Form 1-129
requesting E-1, E-2, E-3, H-1B,
H-3, L (including blanket L-1), 0,
P, Q, or TN nonimmigrant
classification; or Form 1-140
requesting EB-1, EB-2, or EB-3
1-907 immigrant visa classification $2,500 $2,500 $0 0%
Service when filing Form 1-129
requesting H-2B or R
1-907 nonimmigrant classification $1 500 $1 500 $0 0%
Application For Regional Center
1-956 Designation $17 795 $47 695 $29 900 168%
Regional Center Annual
I-956G Statement $3 035 $4470 $1435 47%
Other
Application to Replace
Permanent Resident Card -
1-90 Online $455 $455 $0 0%
1-90 Permanent Resident Card - Paper $455 $465 $10 2%
Permanent Resident Card -
1-90 Online (with biometric services) $540 $455 -$85 -16%
EP04JA23.004</GPH>

Current Proposed
Difference
Immie;ration Benefit Request Fee(s) Fee(s)
Permanent Resident Card - Paper
1-90 (with biometric services) $540 $465 -$75 -14%
Application for
Replacement/Initial
Nonimmigrant Arrival-Departure
1-102 Document $445 $680 $235 53%
1-131 Application for Travel Document $575 $630 $55 10%
Application for Travel Document
1-131 Refugee Travel Document
I-131 for an individual age 16 or older $135 $165 $30 22%
I- 13 1 Refugee Travel Document
for an individual age 16 or older
1-131 Refugee Travel Document
1-131 for a child under the age of 16 $105 $135 $30 29%
I-131 Refugee Travel Document
for a child under the age of 16
Application for Carrier
I-l31A Documentation $575 $575 $0 0%
Application for Relief Under
Former Section 212(c) of the
Immigration and Nationality Act
1-191 (INA) $930 $930 $0 0%
Permission to Enter as
Nonimmigrant (filed with
1-192 USCIS) $930 $1.100 $170 18%
Permission to Enter as
1-192 Nonimmigrant (filed with CBP) $585 $1,100 $515 88%
Application for Waiver of
1-193 Passport and/or Visa $585 $695 $110 19%
Application for Permission to
Reapply for Admission into the
U.S. After Deportation or
1-212 Removal $930 $1,395 $465 50%
I-290B Notice of Appeal or Motion $675 $800 $125 19%
Petition for Amerasian
1-360 Widow(er) or Special hnmigrant $435 $515 $80 18%
Application to Register
Permanent Residence or Adjust
1-485 Status $1,140 $1,540 $400 35%
EP04JA23.005</GPH>

Current Proposed
Difference
Immigration Benefit Request Fee(s) Fee(s)
I-485 Status (with biometric services) $1,225 $1,540 $315 26%
Status (under the age of 14 in
I-485 certain conditions) $750 $1,540 $790 105%
Forms I-485 and I-131 with
I-485 biometric services $1,225 $2,170 $945 77%
Forms I-485 and I-765 (filed on
I-485 paper) with biometric services $1,225 $2,190 $965 79%
Forms I-485, I-131, and I-765
(filed on paper) with biometric
I-485 services $1.225 $2,820 $1.595 130%
Supplement A, Supplement A to
Form I-485, Adjustment of Status
I-485A Under Section 245(i) $1,000 $1,000 $0 0%
Application to Extend/Change
T-539 Nonimmigrant Status - Online $370 $525 $155 42%
I-539 Nonimmigrant Status - Paper $370 $620 $250 68%
Nonimmigrant Status - Online
1-539 (with biometric services) $455 $525 $70 15%
Nonimmigrant Status - Paper
I-539 (with biometric services) $455 $620 $165 36%
I-601 Grounds of Inadmissibility $930 $1,050 $120 13%
Application for Waiver of the
Foreign Residence Requirement
(Under Section 212(e) of the
I-612 INA as Amended) $930 $1,100 $170 18%
1-690 Grounds of Inadmissibility $715 $985 $270 38%
Application for Action on an
I-824 Approved Annlication or Petition $465 $675 $210 45%
Application for Authorization to
Issue Certification for Health
I-905 Care Workers $230 $230 $0 0%
Application for Civil Surgeon
1-910 Designation $785 $1,230 $445 57%
Application for Entrepreneur

I-941 Parole $1,200 $1,200 $0 0%
Application for Entrepreneur
I-941 Parole (with biometric services) $1,285 $1,200 -$85 -7%
EP04JA23.006</GPH>

Current Proposed
Difference
Immi2ration Benefit Request Fee(s) Fee(s)
Biometric Services (in most
cases) $85 $0 -$85 -100%
Biometric Services (TPS and
EOIR.only) $85 $30 -$55 -65%
USCIS Immigrant Fee $220 $235 $15 7%
Genealo~ and Records
Genealogy Index Search Request
G-1041 - Online $65 $100 $35 54%
GenealOb'Y Index Search Request
G-1041 -Paper $65 $120 $55 85%
Genealogy Records Request -
G-1041A Online $65 $240 $175 269%
Genealogy Records Request -
G-1041A Paper $65 $260 $195 300%
Genealogy Index Search Request
G-1041 and and Records Request - Online
G-1041A (digital records) $130 $100 -$30 -23%
G-1566 Certificate of Non-Existence $0 $330 $330 NIA
No Fee
I-134 Declaration of Financial Suooort No Fee No Fee NIA NIA
Affidavit of Financial Support
and Intent to Petition for Legal
Custody for Public Law 97-359
1-361 Amerasian No Fee No Fee NIA NIA
Request to Enforce Affidavit of
Financial Support and Intent to
Petition for Legal Custody for
1-363 Public Law 97-359 Amerasian No Fee No Fee NIA NIA
Record of Abandonment of
Lawful Permanent Resident
I-407 Status No Fee No Fee NIA NIA
Confirmation of Bona Fide Job
Offer or Request for Job
Portability Under INA Section
I-485J 204(i) No Fee No Fee NIA NIA
Request for Waiver of Certain
Rights, Privileges, Exemptions,
1-508 and Immunities No Fee No Fee NIA NIA
Interagency Record of Request-
A, G, or NATO Dependent
Employment Authorization or
Change/Adjustment To/From A,
1-566 G, or NATO Status No Fee No Fee NIA NIA

Report of Medical Examination
1-693 and Vaccination Record No Fee No Fee NIA NIA
EP04JA23.007</GPH>

Current Proposed
Difference
Inter-Agency Alien Witness and
1-854 Informant Record No Fee No Fee NIA NIA
Affidavit of Support Under
1-864 Section 213A of the INA No Fee No Fee NIA NIA
Contract Between Sponsor and
I-864A Household Member No Fee No Fee NIA NIA
Affidavit of Support Under
I-864EZ Section 213A of the INA No Fee No Fee NIA NIA
Request for Exemption for
Intending Immigrant's Affidavit
I-864W of Support No Fee No Fee NIA NIA
Sponsor's Notice of Change of
1-865 Address No Fee No Fee NIA NIA
1-912 Request for Fee Waiver No Fee No Fee NIA NIA
1-942 Request for Reduced Fee No Fee No Fee NIA NIA
BILLING CODE 9111–97–C 260, div. F, tit. IV (Dec. 27, 2020). DHS
A–25 as general policy guidance for
III. Basis for the Fee Review determining user fees for immigration provides this information only for
benefit requests, with exceptions as comparison to the IEFA. E-Verify is not
A. Legal Authority and Guidance outlined in section III.B of this included in this fee review budget
DHS is issuing this proposed rule preamble. DHS also follows the annual because, generally, appropriations, not
consistent with INA sec. 286(m), 8 guidance in OMB Circular A–11 if it fees, fund E-Verify. In addition,
U.S.C. 1356(m) (authorizing DHS to requests appropriations to offset a Congress appropriated $10 million for
charge fees for adjudication and portion of Immigration Examinations the Citizenship and Integration Grant
naturalization services at a level to Fee Account (IEFA) costs.13 Program. Id. Together, the total FY 2021
‘‘ensure recovery of the full costs of Finally, this rulemaking accounts for, appropriations for USCIS are $127.8
providing all such services, including and is consistent with, congressional million. For the last several years,
the costs of similar services provided appropriations for specific USCIS USCIS has not had the authority to
without charge to asylum applicants or programs. FY 2021 appropriations for spend more than $10 million for
other immigrants’’),11 and the CFO Act, USCIS provided funding for the E-Verify citizenship grants. Until recently, grant
31 U.S.C. 901–03 (requiring each employment eligibility verification program funding came from the IEFA
agency’s Chief Financial Officer (CFO) program. Congress provided E-Verify fee revenue or a mix of appropriations
to review, on a biennial basis, the fees with $117.8 million for operations and and fee revenue.14 Because Congress
imposed by the agency for services it support. See Consolidated appropriated funds for grants in FY
provides, and to recommend changes to Appropriations Act, 2021, Pub. L. 116– 2021, the $10 million budgeted for
the agency’s fees). citizenship grants is not part of the FY
This proposed rule is also consistent files.fasab.gov/pdffiles/handbook_sffas_4.pdf 2022/2023 IEFA fee review budget.
with non-statutory guidance on fees, the (generally describing cost accounting concepts and
standards, and defining ‘‘full cost’’ to mean the sum B. Effect of FY 2022 Appropriations
budget process, and Federal accounting
of direct and indirect costs that contribute to the
principles.12 DHS uses OMB Circular output, including the costs of supporting services
In FY 2022, Congress provided USCIS
provided by other segments and entities.); id. at 49– additional appropriations for very
11 The longstanding interpretation of DHS is that 66 (July 31, 1995). See also OMB Circular A–11, specific purposes. See Consolidated
the ‘‘including’’ clause in section 286(m) does not Preparation, Submission, and Execution of the Appropriations Act, 2022, Public Law
constrain DHS’s fee authority under the statute. The Budget, section 20.7(d), (g) (June 29, 2018),
available at https://www.whitehouse.gov/wp-
117–103 (Mar. 15, 2022) (‘‘Pub. L. 117–
‘‘including’’ clause offers only a non-exhaustive list
of some of the costs that DHS may consider part of content/uploads/2018/06/a11.pdf (June 29, 2018). 103’’). USCIS received approximately
the full costs of providing adjudication and (providing guidance on the FY 2020 budget and $389.5 million for E-Verify, application
naturalization services. See 8 U.S.C. 1356(m); 84 FR instructions on budget execution, offsetting processing, backlog reduction, and the
23930, 23932 n.1 (May 23, 2019); 81 FR 26903, collections, and user fees).
refugee program. See id at div. F, title
26906 n.10 (May 4, 2016). 13 OMB Circulars A–25 and A–11 provide
12 See OMB Circular A–25, ‘‘User Charges,’’ 58 FR nonbinding internal executive branch direction for IV. Of that amount, approximately $87.6
38142, available at https://www.whitehouse.gov/wp- the development of fee schedules under the
content/uploads/2017/11/Circular-025.pdf (July 15, Independent Offices Appropriations Act, 1952 14 USCIS received $2.5 million for the immigrant
1993) (revising Federal policy guidance regarding (IOAA) and appropriations requests, respectively. integration grants program in FY 2013 (Pub. L. 113–
fees assessed by Federal agencies for Government See 5 CFR 1310.1. Although DHS is not required to 6) and FY 2014 (Pub. L. 113–76). USCIS did not
services). See also Federal Accounting Standards strictly adhere to these OMB circulars in setting receive appropriations for the immigrant integration
Advisory Board Handbook, Version 17 (06/18), USCIS fees, DHS understands they reflect best grants program in FY 2015, FY 2016, FY 2017, and
Statement of Federal Financial Accounting practices and used the activity-based costing (ABC) FY 2018. Congress provided $10 million for
Standards 4: Managerial Cost Accounting Standards methodology supported in Circulars A–25 and A– citizenship and integration grants in FY 2019 (Pub.
EP04JA23.008</GPH>
and Concepts, SFFAS 4, available at http:// 11 to develop the proposed fee schedule. L. 116–6) and FY 2020 (Pub. L. 116–93).
million is available until the end of FY have already been paid). USCIS may including this amount in its total costs
2023. Id. These funds will be in a also use the appropriations to expand to be recovered by the fees proposed in
separate appropriated account. Id. refugee processing efforts, and support this rule because the appropriations in
USCIS will use $275 million to reduce vulnerable Afghans, including those Public Law 117–103 will be used to
USCIS application and petition backlogs who worked alongside Americans in cover the FY 2022 expenses for the
and delays, support refugee admissions Afghanistan for the past two decades, as refugee program, while this rule is
up to a ceiling of 125,000, and invest in they safely resettle in the United States. unlikely to be effective until FY 2023.
enterprise infrastructure improvements These appropriations do not overlap The approximately $87.6 million
such as case file management and video with the fee review budget, which will appropriated for application processing
interviewing capabilities.15 USCIS will fund immigration adjudication and that is available until the end of FY
use the remaining amount, naturalization services for future 2023 may be insufficient to fund
approximately $114.5 million, to fund incoming receipts. The full costs of backlog reduction and refugee
E-Verify. In addition, Congress provided operating USCIS that are included in the processing. For example, the President’s
$20 million for Federal Assistance for fee model do not include separate line budget request for FY 2023 included
the Immigrant Citizenship and items budgeted directly for backlog $765 million for increasing asylum
Integration Grants program. Id. This is reduction and OAW. Had the caseloads, backlog reduction, and
$10 million more than in a typical appropriation not been received, DHS refugee processing.21 While USCIS is
year.16 USCIS also received $193 and USCIS would have been required to committed to seeking Congressional
million for Operation Allies Welcome use funds budgeted for other uses to appropriations for refugee processing
(OAW). See Extending Government fund the costs of OAW. While DHS and costs in the future, USCIS cannot
Funding and Delivering Emergency USCIS are very focused on reducing presume such appropriations, especially
Assistance Act, 2022, Public Law 117– backlogs, our efforts to reduce the given the lack of appropriations in the
43 (Sept. 30, 2021) (‘‘Pub. L. 117–43’’) backlog did not include a significant past. If this fee rule does not account for
at div. C. title V, sec. 2501. In FY 2022, shift of IEFA non-premium funds from the possibility of no Congressional
approximately $119.7 million is normal operations to that effort. USCIS funding in future years and Congress
available for use in the Immigration funded previous backlog reduction fails to fund the program, either the
Examinations Fee Account, which is a efforts with IEFA premium processing program cannot continue or USCIS will
no-year account. The remaining OAW revenue and supplemental be forced to reallocate resources
amount will be available in FY 2023 or appropriations.18 The backlog assigned to another part of the agency
until expended. In all of these cases, the represents uncompleted work which for this purpose. However, if USCIS is
laws provide that the funds are only to USCIS already received, but did not certain to receive additional
be used for the specified purposes, and complete, and the appropriated funds appropriations to fund the FY 2023
DHS is not required to reduce any will assist in clearing that workload. In refugee program at the time of the final
current IEFA fee.17 the absence of appropriations, USCIS rule, then USCIS may reduce the
The FY 2022/2023 fee review budget may continue to fund backlog reduction estimated budget requirements funded
that is the basis for this proposed rule efforts with premium processing by IEFA fees accordingly in the final
excludes all appropriated funding, revenue. rule.
including the approximately $529.2 DHS received appropriations to fund The FY 2022 appropriation laws also
million provided so far in FY 2022. some of the additional spending that require additional services and impose
USCIS will use the appropriated USCIS will require for the refugee
reporting, processing, and monitoring
funding for the purposes provided by ceiling increase to 125,000 beginning in
requirements that will add costs for
Congress. The appropriations support FY 2022, as described in section
USCIS. See, e.g., Public Law 117–43 at
several DHS priorities, for example, V.A.2.b.19 This is a significant increase
secs. 2502–2503. The reporting
decreasing USCIS application over recent years. The refugee
requirements of Public Law 117–43 are
processing times, reducing the backlog admission ceiling was 62,500 for FY
quarterly and extend through September
of requests already on hand and being 2021 and 18,000 for FY 2020.20 DHS is
30, 2023, although the amounts
adjudicated (and for which a fee may
18 The last time USCIS received appropriations
appropriated are only available for fiscal
15 This $275 million includes $250 million that for the backlog was in FY 2008. See Consolidated year 2022. Id at secs. 2503(a) and 2506.
USCIS received in an earlier continuing resolution. Appropriations Act, 2008, Public Law 110–161, DHS will fund these reporting costs
See Extending Government Funding and Delivering Title IV (Dec. 26, 2007). USCIS received $20 million with the appropriated funds for FY 2022
Emergency Assistance Act, 2022, Public Law 117– ‘‘to address backlogs of security checks associated
with pending applications and petitions.’’ More
and thus has excluded most of them
43 (Sept. 30, 2021) at div. A, sec. 132. USCIS
received an additional $25 million in the recently, Congress authorized USCIS to use from this rule. Id. at secs. 2502–2503.
Consolidated Appropriations Act, 2022, Public Law premium processing revenue to address the Congress also added reporting
117–103 (Mar. 15, 2022) at div. F, title IV. backlog. See Emergency Stopgap USCIS requirements when it reauthorized and
16 For example, Congress appropriated $10 Stabilization Act, Public Law 116–159, Div. D, Title
IV (Oct. 1, 2020). revised the Employment-Based
million in FY 2021. See section III.A of this
preamble for more information. 19 See White House, ‘‘Memorandum for the Immigrant Visa, Fifth Preference (EB–5)
17 Public Law 117–43, at section 132, states, ‘‘That Secretary of State on Presidential Determination on authority. See Public Law 117–103, div.
such amounts shall be in addition to any other Refugee Admissions for Fiscal Year 2022’’ (Oct. 8, BB and section III.F of this preamble for
funds made available for such purposes, and shall 2021), https://www.whitehouse.gov/briefing-room/
statements-releases/2021/10/08/memorandum-for-
more information. IEFA fees will fund
not be construed to require any reduction of any fee
described in section 286(m) of the Immigration and the-secretary-of-state-on-presidential-

Nationality Act (8 U.S.C. 1356(m)):’’ Likewise, determination-on-refugee-admissions-for-fiscal- year-2021-2/; see also Trump White House,
Public Law 117–43, at section 2501, states ‘‘That year-2022/. ‘‘Presidential Determination on Refugee Admissions
such amounts shall be in addition to any other 20 See White House, ‘‘Memorandum for the for Fiscal Year 2020’’ (Nov. 1, 2019), https://
amounts made available for such purposes and Secretary of State on the Emergency Presidential trumpwhitehouse.archives.gov/presidential-actions/
shall not be construed to require any reduction of Determination on Refugee Admissions for Fiscal presidential-determination-refugee-admissions-
any fee described in section 286(m) of the Year 2021’’ (May 3, 2021), https:// fiscal-year-2020/.
Immigration and Nationality Act (8 U.S.C. www.whitehouse.gov/briefing-room/presidential- 21 See White House, Budget of the United States,
1356(m)).’’ USCIS has a long history of funding actions/2021/05/03/memorandum-for-the-secretary- Fiscal Year 2023, p. 20, https://
citizenship and integration grants from IEFA of-state-on-the-emergency-presidential- www.whitehouse.gov/wp-content/uploads/2022/03/
revenue, appropriations, or a mix of both. determination-on-refugee-admissions-for-fiscal- budget_fy2023.pdf (last visited April 20, 2022).
operational expenses as needed in FY generally, by charging fees for USCIS difference either by cutting costs,
2022/2023, including the reporting services. In recent years, however, and curtailing operations, or increasing
requirements imposed by Public Law as fully explained in this rule preamble revenue. DHS has examined USCIS
117–43 and Public Law 117–103 that are and its supporting documents, USCIS recent budget history, service levels,
not funded by appropriated funds. DHS costs have surpassed the fees it collects. and immigration trends to forecast its
describes the FY 2022/2023 fee review As stated earlier, DHS publishes this costs, revenue, and operational metrics
budget in section V.A. of this preamble. proposed rule under the Immigration in order to determine whether USCIS
and Nationality Act (‘‘INA’’), which fees would generate sufficient revenue
C. Immigration Examinations Fee establishes the ‘‘Immigration to fund anticipated operating costs. As
Account Examinations Fee Account’’ (‘‘IEFA’’) explained in this rule and the
USCIS manages three fee accounts: for the receipt of fees it charges. INA supporting documents, USCIS costs are
• The IEFA (includes premium section 286(m), 8 U.S.C. 1356(m). The projected to be considerably higher than
processing revenues),22 INA allows DHS to set ‘‘fees for projected fee revenue should fees
• The Fraud Prevention and providing adjudication and remain at their current levels. The
Detection Account,23 and naturalization services . . . at a level primary cost driver responsible for this
• The H–1B Nonimmigrant Petitioner that will ensure recovery of the full increase is payroll, including the need
Account.24 costs of providing all such services, to hire additional staff due to an
In 1988, Congress established the including the costs of similar services increase in the volume of applications
IEFA in the Treasury of the United provided without charge to asylum that USCIS receives and the increase in
States. See Public Law 100–459, sec. applicants or other immigrants.’’ Id. The time per adjudication for USCIS to
209, 102 Stat. 2186 (Oct. 1, 1988) INA further provides that ‘‘[s]uch fees process many applications, petitions,
(codified as amended at INA sec. 286(m) may also be set at a level that will and requests. See section V.B. for a
and (n), 8 U.S.C. 1356(m) and (n)). Fees recover any additional costs associated discussion of USCIS workload and the
deposited into the IEFA fund the with the administration of the fees time to adjudicate applications,
provision of immigration adjudication collected.’’ Id. petitions, and requests. See also section
and naturalization services. In DHS proposes this rule to address the IX.C for planned increases in efficiency.
subsequent legislation, Congress projected deficits and unsustainable USCIS has already curtailed its own
directed that the IEFA fund the full fiscal situation of USCIS that are costs and implemented cost-cutting
costs of providing all such services, explained in this proposal and in the measures, and any further reductions
including services provided to supporting documentation in the would adversely affect the services
immigrants at no charge. See Public Law docket. See section IX.A of this USCIS provides to applicants including
101–515, sec. 210(d)(1) and (2), 104 Stat. preamble; see also IEFA Non-Premium adjudications time and processes. See
2101, 2121 (Nov. 5, 1990). Carryover Projections in the supporting section V.A.2. and section IX.B. of this
Consequently, the immigration benefit documentation included in the docket preamble.
fees were increased to recover these to this rulemaking. Carryover is Consistent with these authorities,
additional costs. See 59 FR 30520 (June unobligated or unexpended fee revenue sources, and needs, this proposed rule
14, 1994). The IEFA accounted for accumulated from previous fiscal years. would ensure that USCIS recovers its
approximately 96 percent of total Because USCIS is primarily fee-funded, full operating costs and maintains an
funding for USCIS in FY 2021 and is the it must ensure that it maintains a adequate level of service in two ways:
focus of this proposed rule. IEFA non- carryover balance to continue operating, First, where possible, the proposed
premium funding represents 83 percent and INA section 286(m), 8 U.S.C. rule would set fees at levels sufficient to
and IEFA premium funding represents 1356(m) authorizes DHS to set fees at a cover the full cost of the corresponding
13 percent of USCIS FY 2021 total level to recover ‘‘the full costs’’ of services associated with fairly and
funding. The remaining USCIS funding providing ‘‘all’’ ‘‘adjudication and efficiently adjudicating immigration
comes from appropriations naturalization services,’’ and ‘‘the benefit requests.
administration of the fees collected.’’ DHS generally follows OMB Circular
(approximately 3 percent) or other fee
(emphasis added.) This necessarily A–25, which ‘‘establishes federal policy
accounts (approximately 1 percent) in
includes support costs such as physical regarding fees assessed for Government
FY 2021. The Fraud Prevention and
overhead, information technology, services and for sale or use of
Detection Account and H–1B
management and oversight, human Government goods or resources.’’ OMB
Nonimmigrant Petitioner Account are
resources, national security vetting and Circular A–25, section 1, 58 FR 38144.
both funded by fees for which the dollar
investigations,26 accounting and A primary objective of OMB Circular A–
amount is set by statute.25 DHS has no
budgeting, and legal, for example. 25 is to ensure that Federal agencies
authority to adjust the fees for these
USCIS’ current budget forecasts a deficit recover the full cost of providing
accounts.
based on fully funding all of its specific services to users and associated
D. Full Cost Recovery operations, and DHS must make up that costs. See id., section 5. Full costs
USCIS receives millions of requests include, but are not limited to, an
each year for immigration benefits. 26 Congress recommended that DHS establish an appropriate share of:
These benefits are funded by DHS, organization ‘‘responsible for developing, • Direct and indirect personnel costs,
implementing, directing, and overseeing the joint including salaries and fringe benefits
22 INA sec. 286(m), (n), and (u); 8 U.S.C. 1356(m),

USCIS-Immigration and Customs Enforcement (ICE) such as medical insurance and
anti-fraud initiative and conducting law
(n), and (u). enforcement/background checks on every applicant,
retirement;
23 INA secs. 214(c)(12) and (13), 286(v); 8 U.S.C.
beneficiary, and petitioner prior to granting • Physical overhead, consulting, and
1184(c)(12) and (13), 1356(v). immigration benefits.’’ See, Conference Report to other indirect costs, including material
24 INA secs. 214(c)(9) and (11), 286(s); 8 U.S.C.
accompany H.R. 4567 [Report 108–774], ‘‘Making and supply costs, utilities, insurance,
1184(c)(9) and (11), 1356(s). Appropriations for the Department of Homeland
25 See the supporting documentation included in
travel, and rents or imputed rents on
Security for the Fiscal Year Ending September 30,
the docket of this rulemaking. There is additional 2005,’’ p. 74, available at https://www.gpo.gov/ land, buildings, and equipment;
information on these accounts in Appendix II— fdsys/pkg/CRPT-108hrpt774/pdf/CRPT- • Management and supervisory costs;
USCIS Funding and Account Structure. 108hrpt774.pdf. and
• Costs of enforcement, collection, Consistent with the historical position petitions from qualifying victims who
research, establishment of standards, and practice of DHS, this proposed rule assist law enforcement in the
and regulation. would set fees at a level that ensures investigation or prosecution of human
Id., section 6, 58 FR 38145. Second, recovery of the full operating costs of trafficking (T nonimmigrant status) or
this proposed rule would set fees at a USCIS, the component within DHS that certain other crimes (U nonimmigrant
level sufficient to fund overall provides almost all immigration status), USCIS recovers the cost of
requirements and general operations adjudication and naturalization providing those fee-exempt or no-fee
related to USCIS IEFA programs. The services. See Homeland Security Act of services through fees charged to other
current and proposed IEFA fees fund 2002, Public Law 107–296, sec. 451, 116 applicants and petitioners. See, e.g., 8
programs that are not associated with Stat. 2142 (Nov. 26, 2002) (6 U.S.C. CFR 103.7(b)(1)(i)(UU) and (VV) (Oct. 1,
specific statutory fees or funded by 271). Congress has historically relied on 2020); proposed 8 CFR 106.2(a)(59) and
annual appropriations. The proposed the IEFA to support the vast majority of (60).
fees would also recover the difference USCIS programs and operations OMB guidance gives agencies
between the full cost of adjudicating conducted as part of adjudication and discretion to interpret when additional
benefit requests and the revenue naturalization service delivery. This statutory requirements apply to user
generated when such requests are fee conclusion is supported by Congress’ fees. See Circular A–25, section 4, 58 FR
exempt, in whole or in part, when the limited historical appropriations to 38144. In that regard, in INA sec.
fees for such requests are set at a level USCIS. The agency typically receives 286(m), 8 U.S.C. 1356(m), Congress
below full cost by statute or policy, and only a small annual appropriation for imposed on DHS an additional
when fees are waived, consistent with specific uses. USCIS must use fee obligation—to recover the full cost of
past fee calculation methodology. As revenues, as a matter of both discretion USCIS operations—over and above the
noted, Congress provided that USCIS and necessity, to fund all operations advice in OMB Circular A–25
may set fees for providing adjudication associated with activities that USCIS is concerning the direct correlation or
and naturalization services at a level charged by law to administer that are connection between costs and fees.
that will ensure recovery of the full not funded by other means. Nevertheless, DHS follows OMB
costs of providing all such services, Certain functions, including the Circular A–25 to the extent possible
including the costs of similar services Systematic Alien Verification for while complying with Congress’s
provided without charge to asylum Entitlements (SAVE) program 29 and the directive, including directing that fees
applicants or other immigrants. See INA Office of Citizenship,30 which USCIS should be set to recover the costs of an
sec. 286(m), 8 U.S.C. 1356(m).27 DHS has administered since DHS’s inception, agency’s services in their entirety and
has long interpreted this statutory fee- are integral parts of fulfilling USCIS’ that full costs are determined based
setting authority, including the statutory responsibility to provide upon the best available records of the
authorization to collect ‘‘full costs’’ for immigration adjudication and agency. See OMB Circular A–25, section
providing ‘‘adjudication and naturalization services. They are not 6d(1). DHS applies the discretion
naturalization services,’’ as granting associated with specific fees, but they provided in INA sec. 286(m), 8 U.S.C.
DHS broad discretion to include costs may be, and are, funded by the IEFA. 1356(m), to: (1) use activity-based
other than OMB Circular A–25 generally Similarly, when a filing fee for an costing (ABC) to establish a model for
provides. See OMB Circular A–25, immigration benefit request, such as assigning costs to specific benefit
section 6d(1); INA sec. 286(m), 8 U.S.C. Temporary Protected Status (TPS), is requests in a manner reasonably
1356(m). See, e.g., 66 FR 65811 at 65813 capped by statute and does not cover consistent with OMB Circular A–25; (2)
(Dec. 21, 2001) (responding to the cost of adjudicating these benefit allocate costs for programs for which a
commenters opposed to the use of IEFA requests, DHS may recover the fee is not charged or a law limits the fee
fees to pay expenses for unrelated difference with fees charged to other amount, (3) distribute costs that are not
services by stating that those costs must immigration benefit requests. See INA attributed to, or driven by, specific
be recovered from the fees charged to sec. 244(c)(1)(B), 8 U.S.C. 1254a(c)(1)(B) adjudication and naturalization
other applicants for immigration and (capping TPS registration fee at $50); 8 services; and (4) make additional
naturalization benefits.). In short, DHS CFR 103.7(b)(1)(i)(NN); proposed 8 CFR adjustments to effectuate specific policy
may charge fees at a level that will 106.2(a)(48)(i). Also, when DHS objectives.31
ensure recovery of all direct and exempts certain benefit requests from The ABC model distributes indirect
indirect costs associated with providing filing fees, such as applications or costs. Indirect costs are not specifically
immigration adjudication and identifiable with one output because
29 USCIS funds the SAVE program by user fees
naturalization services.28 they may contribute to several outputs.
and IEFA funds, as Congress has not provided any
direct appropriated funds for the program since FY The ABC model uses a cause-and-effect
27 Congress has provided separate, but similar,
2007. SAVE provides an ‘‘immigration adjudication relationship to distribute most indirect
authority for establishing USCIS genealogy program . . . service’’ under INA sec. 286(m) and (n) to costs. See the supporting documentation
fees. See INA sec. 286(t), 8 U.S.C. 1356(t). The Federal, state, and local agencies that require
statute requires that genealogy program fees be
included in this docket for information
immigration adjudication information in
deposited into the IEFA and that the fees for such administering their benefits. on direct and indirect costs. Costs that
research and information services may be set at a 30 The Homeland Security Act created the Office are not assigned to specific fee-paying
level that will ensure the recovery of the full costs of Citizenship at the same time as several other immigration benefit requests are
of providing all such services. Id. The methodology mission-essential USCIS offices, such as those for reallocated to other fee-paying
for calculating the genealogy program fees is legal, budget, and policy. Like those offices, the
discussed in a separate section later in this Office of Citizenship has always been considered an immigration benefit requests outside the
preamble. essential part of the ‘‘adjudication and
28 Congress has not defined either term with any naturalization services’’ USCIS provides under 31 DHS may reasonably adjust fees based on value
degree of specificity for purposes of paragraphs (m) section 286(m) and (n) of the INA. As Congress judgments and public policy reasons consistent
and (n). See, e.g., Barahona v. Napolitano, No. 10– recognized in creating the Office of Citizenship in with its statutory authority and where a rational
1574, 2011 WL 4840716, at **6–8 (S.D.N.Y. Oct. 11, section 451(f) of the Homeland Security Act (6 basis for the methodology is propounded in the
2011) (‘‘While the term ‘full costs’ appears self- U.S.C. 271(f)), providing information to potential rulemaking. See FCC v. Fox Television Stations,
explanatory, section 286(m) contains both silence applicants for naturalization regarding the process Inc., 556 U.S. 502, 515 (2009); Motor Vehicle Mfrs.
and ambiguity concerning the precise scope that of naturalization and related activities. is an integral Ass’n v. State Farm Mut. Auto. Ins. Co., 463 U.S.
‘full costs’ entails in this context.’’). part of providing ‘‘such services’’ 29 (1983).
model in a spreadsheet. The fee functions, Congress acknowledges our processing times for immigration benefit
schedule spreadsheet adjusts the model construction. requests not designated for premium
results to effectuate a desired result processing or an increase in regular
E. The Use of Premium Processing
such as a lower fee to encourage or not processing of immigration benefit
Funds Under the Emergency Stopgap
discourage the filing of a specific benefit requests so designated.33 For this
USCIS Stabilization Act
request. For example, the model reason, DHS did not make premium
determines the direct and indirect costs On October 1, 2020, the Continuing processing immediately available for all
for refugee workload. The costs Appropriations Act, 2021 and Other immigration benefit requests newly
associated with processing workload Extensions Act (Continuing designated in the premium processing
without fees or where fees do not Appropriations Act) was signed into rule. Id. Rather, premium processing
recover full cost must be reallocated law. Public Law 116–159 (Oct. 1, 2020). will be made available for a newly
outside the ABC model. USCIS The Continuing Appropriations Act designated immigration benefit requests
reallocates these costs to fee-paying included the Emergency Stopgap USCIS only when DHS determines that it will
immigration benefit requests, either Stabilization Act (USCIS Stabilization have the resources in place to adjudicate
among the same request, among all fee- Act), which allows USCIS to establish the requests within the time required,
and collect additional premium and that the availability of premium
paying requests or among certain
processing fees and to use premium processing for that immigration benefit
unrelated fee-paying requests. For
processing funds for expanded request will not adversely affect other
example, the costs of Form I–485 filings
purposes. See Public Law 116–159, secs. immigration benefit requests not
that are fee-waived are shifted to the
4101 and 4102, 134 Stat. 739 (Oct. 1, designated for premium processing or
Form I–485 filings that pay the fee. All
2020); 8 U.S.C. 1356(u). That statute is the regular processing of immigration
immigration benefit request fees that expected to result in continued
recover their full cost also recover the benefit requests so designated.34
increases to USCIS premium processing Nevertheless, while acknowledging its
cost of workloads without fees, such as revenue. USCIS can now use premium
refugee workload. In this proposal, peripheral impacts as an overlapping or
processing revenue, if necessary, to interrelated rulemaking, DHS has
USCIS is allocating more asylum costs provide the infrastructure needed to
to Forms I–129 and I–140 than the forms determined that, at this time, premium
carry out a broader range of activities processing revenue is not sufficient to
would receive without additional than previously authorized. Importantly
intervention. The supporting appreciably affect non-premium fees.
for the purposes of this proposed rule, Thus, this proposed rule does not
documentation in the docket contains the USCIS Stabilization Act permits
an in-depth explanation of the ABC include changes directly resulting from
USCIS to make infrastructure the USCIS Stabilization Act or premium
model and DHS has included improvements in adjudication processes
documentation for the fee schedule processing rule, except to conform 8
and the provision of information and CFR 106.4 to the USCIS Stabilization
spreadsheet in the docket for public services to immigration and
review. USCIS acknowledges that its Act’s requirements. DHS recognizes,
naturalization benefit requestors. 8 however, that it will have more
ABC model and fee schedule are U.S.C. 1356(u)(4). The USCIS
complex, but both are necessary to information about the revenue collected
Stabilization Act also establishes higher from premium processing services by
allocate the costs of an agency with the fees for existing premium processing
size and breadth of purpose as USCIS. the time DHS publishes a final rule. If
services and permits USCIS to expand appropriate, DHS will consider
DHS invites the public to request a premium processing to certain
demonstration of how the fee including premium processing revenue
additional benefits. 8 U.S.C. 1356(u)(2) and costs in the final rule. USCIS’
calculations are affected by the direct and (3). It also exempts the agency from
and indirect cost allocation, shifting forecasted demand for premium
the requirements of the Administrative processing, revenue projections, and
costs from free immigration benefits to Procedure Act (5 U.S.C. 553) when
others, and capping certain fees at spending plans for the premium
instituting section 4102(b)(1) of the processing rule are discussed in greater
decided-upon levels. USCIS Stabilization Act. In addition, it detail in the premium processing rule.
Typically, Congressional provides that the required processing See 87 FR 18227 (Mar. 30, 2022). While
appropriations and two other small fee timeframe for the newly designated DHS estimates that the premium
accounts represent between 2–5 percent benefits will not commence until all processing rule will increase USCIS
(combined) of USCIS’ annual budget.32 prerequisites for adjudication are annual revenues over the next ten years,
Each has statutory limits for both received, which would include as stated previously, because of the
amounts and uses. Appropriations are biometrics and background check resources required for expanding the
typically limited to use for E-Verify results. See section 4102(b)(2) of the availability of premium processing to
employment status verification and the USCIS Stabilization Act. newly designated immigration benefit
Citizenship and Integration grant On March 30, 2022, DHS published a
requests, full implementation of
program. Congress authorizes or final rule, ‘‘Implementation of the
expanded premium processing is
requires USCIS to carry out seemingly Emergency Stopgap USCIS Stabilization
estimated to be complete around FY
non-adjudicatory functions and Act,’’ implementing part of the authority
2025. This timeline for full
approves the DHS budget, knowing that provided under the USCIS Stabilization
implementation will allow current
USCIS must use IEFA funds to cover Act to offer premium processing for
premium processing revenue to fund
those expenses which Congress does not those benefit requests made eligible for
other authorized uses and strategic
otherwise fund through appropriations premium processing by section 4102(b)
improvements until adequate revenues
and statutory fees. Therefore, by of that law. See 87 FR 18227 (premium
exist to cover the costs of providing
approving the use of the IEFA every processing rule). The USCIS
expedited processing of the new
year to fund seemingly non-adjudicatory Stabilization Act requires that when
DHS implements the expansion of 33 See Public Law 116–159, sec. 4102(c) (Oct. 1,
32 This does not include the appropriations
immigration benefit types that are 2020).
received for FY 2022 as discussed in detail earlier designated for premium processing, it 34 See Public Law 116–159, sec. 4102(c) (Oct. 1,
in this preamble. must not result in an increase in 2020).
requests. USCIS plans to use premium Regional Center Pilot Program created a motion for a preliminary injunction
processing revenue to provide premium by the Departments of Commerce, and stay of the effective date of the final
processing service, improve our Justice, and State, the Judiciary, and rule in NWIRP. DHS subsequently
information technology infrastructure, Related Agencies Appropriations Act issued a notification of preliminary
and reduce backlogs. Accordingly, 1993, Public Law 102–395, 106 Stat. injunction on January 29, 2021, to
although the revenue from premium 1828, sec. 610(b). The law also inform the public of the two preliminary
processing is not considered in this authorizes a new EB–5 Regional Center injunctions. See 86 FR 7493. The
proposed rule as previously indicated, Program, effective May 14, 2022, and is Department continues to comply with
the costs for USCIS to provide premium authorized through FY 2026 and makes the terms of those orders and is not
processing service, improve our various changes to the program. As enforcing the regulatory changes set out
information technology infrastructure, discussed more fully in section VIII.O. in the 2020 fee rule. In addition to the
and reduce the backlog are also not of this preamble, DHS proposes new changes made in the 2020 fee rule, in
considered in the proposed fees. fees for the forms used in the EB–5 2019 DHS revised USCIS fee waiver
Examples of premium processing costs program in this rule. policies and USCIS Form 1–912,
include: The EB–5 Reform and Integrity Act of including by requiring fee waiver
• Realignment of $25.1 million for 2022 requires DHS to conduct a fee applicants to use the revised Form I–
IRIS Directorate information technology study not later than 1 year after the date 912, requiring waiver applicants to
(IT) functions and support contracts in of the enactment of this Act and, not submit tax transcripts to demonstrate
FY 2021. later than 60 days after the completion income, and not accepting evidence of
• Office of Information Technology of the study, set fees for EB–5 program receipt of a means-tested public benefit
GE costs of $363.6 million and $497 related immigration benefit requests at a as evidence of inability to pay as
million for FY 2021 and FY 2022 level sufficient to recover the costs of described (‘‘the 2019 Fee Waiver
respectively. providing such services, and completing Revisions’’). See USCIS Policy Manual
• $57.5 million in FY 2021 and $58.1 the adjudications within certain time Volume 1: General Policies and
million in FY 2022 for Service Center frames. See Public Law 117–103, sec. Procedures, Part B, Submission of
Operations general expenses. 106(b). Further, the law provides that Benefit Requests, Chapter 3, Fees and
Therefore, the projected revenue to be Chapter 4, Fee Waivers which were
the fee adjustments that it requires are
collected from future premium issued on October 25, 2019 and took
notwithstanding the requirements of
processing services established by the effect on December 2, 2019 City of
INA section 286(m), 8 U.S.C. 1356(m),
premium processing rule is too Seattle v. Dep’t of Homeland Sec., No.
the authority under which we are
attenuated to be considered in the 3:19–CV–07151–MMC (N.D. Cal. Dec.;
publishing this rule. Id. The law also
current biennial fee study and the ABC see also 84 FR 26137 (June 5, 2019) (30-
provides that the fee study required by
full cost recovery model used for this day notice announcing changes to
106(a) does not preclude DHS from
rule without placing USCIS at risk of USCIS fee waiver polices and USCIS
adjusting its fees in the interim. Id. sec.
revenue shortfalls if that revenue did Form I–912, submission to OMB, and
106(f). Therefore, DHS proposes new
not materialize. DHS has historically requesting public comment). On
fees for the EB–5 program forms in this
excluded premium processing revenue December 11, 2019, the United States
rule using the full cost recovery model
and costs from its IEFA fee reviews and District Court for the Northern District
described herein that we have used to
rulemakings to ensure that premium of California preliminarily enjoined the
calculate those fees since the program’s
processing funds are available for 2019 Fee Waiver Revisions in11, 2019)
inception and not the fee study
infrastructure investments largely (‘‘City of Seattle’’). USCIS continues to
parameters and processing time frames
related to information technology, are accept the fees that were in place before
required by the EB–5 Reform and
available to provide staff for backlog October 2, 2020, and follow the
Integrity Act of 2022. USCIS will collect
reduction, and to ensure that non- guidance in place before October 25,
fees established under INA section
premium fees were set at a level 2019, to adjudicate fee waiver requests.
286(m), 8 U.S.C. 1356(m), for the EB–5
sufficient to cover the base operating DHS and the parties in ILRC, NWIRP,
program, including as may be effected
costs of USCIS. As noted above, if the City of Seattle, and the related cases
by a final rule for this proposed rule,
revenue collected from premium agreed to, and the courts have approved,
until the fees established under section
processing services becomes more a stay of those cases while the agency
106(a) of the EB–5 Reform and Integrity
significant and certain before DHS undertook this fee review and prepared
Act of 2022 take effect.
publishes a final rule, DHS will this notice of proposed rulemaking.
consider including premium processing G. Fee Review History While DHS is enjoined from
revenue and costs in the final rule. In implementing or enforcing the 2020 fee
1. Current State of USCIS Fee Schedule rule, the revisions set out in that rule
the next USCIS biennial fee study, DHS
Regulations were codified. While 8 CFR part 106
will take into consideration the future
effects of the premium processing rule On August 3, 2020, DHS published and the other revisions set out in the
and the USCIS Stabilization Act the 2020 fee rule, with an effective date 2020 fee rule are found in the CFR, DHS
allowing for premium processing of October 2, 2020, to adjust the USCIS did not implement them and continues
revenue to be used for more general uses fee schedule and make changes to to charge the fees and follow the fee
than what was previously authorized. certain other immigration benefit waiver policies that were, for the most
request requirements. On September 29, part, in 8 CFR 103.7 as it existed before

F. EB–5 Reform and Integrity Act of 2020, the United States District Court October 2, 2020. By this rulemaking,
2022 for the Northern District of California DHS will replace the enjoined
On March 15, 2022, the President granted a motion for a preliminary regulations and correct the currently
signed the EB–5 Reform and Integrity injunction of the 2020 fee rule in its incorrect USCIS fee regulations in the
Act of 2022, Div. BB of the Consolidated entirety and stayed the final rule’s CFR.
Appropriations Act, 2022, Public Law effective date in ILRC. On October 8, Because the 2020 fee rule was
117–103. The EB–5 Reform and Integrity 2020, the United States District Court codified, this rule proposes to amend
Act of 2022 immediately repealed the for the District of Columbia also granted the text of certain changes made by the
2020 fee rule and codified in the CFR. Form I–129 is cited as ‘‘8 CFR a weighted average of 21 percent. The
However, because DHS did not 106.2(a)(3) (Oct. 2, 2020).’’ fee schedule adjustment recovered all
implement the 2020 fee rule, this As stated previously, this rule would projected costs for FY 2016/2017,
preamble discusses substantive changes replace the changes about which the including the costs of the Refugee,
that refer to the requirements of the plaintiffs in ILRC, NWIRP, and City of Asylum, and International Operations
regulations that existed before October Seattle brought suit. For clarity and to Directorate (RAIO), SAVE, and the
2, 2020. Likewise, the regulatory impact avoid unnecessary length in this rule, Office of Citizenship. See 81 FR 26911
analysis (RIA) for this proposed rule DHS is not repeating the amendatory and 73293.
analyzes the impacts of the changes instructions and regulatory text for The fee schedule had been adjusted
between the pre-2020 fee rule certain changes that were made by the previously as well, as follows:
regulations that DHS is following under 2020 fee rule if the provision is • Before the creation of DHS, the
the injunctions and those proposed in ministerial, procedural, or otherwise Department of Justice (DOJ) Immigration
this rule. non-substantive, such as a regulation and Naturalization Service (INS) 38
This rule proposes relatively minor cross reference, form number or form adjusted fees incrementally in 1994. See
wording changes to the changes codified name. Specifically, DHS proposes to 59 FR 30520 (June 14, 1994).
by the 2020 fee rule, and, in most cases, make no changes to the following • DOJ conducted a comprehensive fee
DHS is only proposing a new fee provisions that were codified in the review using ABC and adjusted most
amount. However, because DHS could 2020 fee rule: IEFA fees in 1998. See 63 FR 1775 (Jan.
not implement the regulations codified 12, 1998) (proposed rule); 63 FR 43604
1. Replace ‘‘§ 103.7(b)(1) of this chapter’’ (Aug. 14, 1998) (final rule).
on October 2, 2020, DHS does not with ‘‘8 CFR 103.7(d)(4)’’ in 8 CFR 217.2.
believe that describing only the 2. Replace ‘‘§ 103.7(b)(1) of this chapter’’
• DOJ implemented fees for
amendments to those sections is with ‘‘8 CFR 103.7(d)(4)’’ in 8 CFR 217.2. Nicaraguan Adjustment and Central
adequate to provide the affected public 3. Remove ‘‘8 CFR 103.7,’’ ‘‘8 CFR American Relief Act (NACARA)
with what it needs to adequately review, 103.7(b)’’ and ‘‘8 CFR 103.7(b)(1)’’ and between 1998 and 1999. See 63 FR
understand, and comment on what is ‘‘§ 103.7 of this chapter’’ and replace it with 64895 (Nov. 24, 1998) (proposed rule);
being proposed in this rule. Therefore, ‘‘8 CFR 106.2’’ in 8 CFR 204.6, 204.310, 64 FR 27856 (May 21, 1999) (final rule).
204.311, 204.313, 211.1, 211.2, 212.2, 212.3, DOJ adjusted fees for small volume
DHS has published entire portions of
212.4, 212.7, 212.15, 212.18, 214.1, 214.3, workloads in 2000. See 64 FR 26698
the regulatory text being proposed in 214.6, 214.11, 214.16. 216.4, 216.5, 216.6,
this rule to provide a clear picture of 223.2, 236.14, 236.15, 245.7, 245.10, 245.15,
(May 17, 1999) (proposed rule); 64 FR
what DHS is proposing, including 245.18, 245.21, 245.23, 245a.12, 245a.13, 69883 (Dec. 15, 1999) (final rule). DOJ
sections that are codified in the CFR but 245a.20, 245a.33, 248.3, 264.2, 264.5, 264.6, implemented premium processing in
were not implemented by USCIS. 286.9, 301.1, 319.11, 320.5, 322.3, 322.5, 2001. See 66 FR 29682 (June 1, 2001).
Many of the proposed provisions in 324.2. 334.2, 341.1, 341.5, 343a.1, 343b.1, DOJ adjusted fees for inflation in 2002.
this rule are verbatim or close to 392.4. See 66 FR 65811 (Dec. 21, 2001).
verbatim to what is already codified, 4. Replace all references to ‘‘Form I–129’’ • Following the creation of DHS in
and any supplements, and adding in its place 2002, the agency adjusted fees in 2004
although enjoined. However, because either ‘‘the form prescribed by USCIS,’’
those provisions are enjoined, DHS will and 2005. See 69 FR 20528 (Apr. 15,
‘‘application or petition,’’ as appropriate in 8
address them as if they are newly CFR 214.1 and 214.2.
2004); 70 FR 50954 (Aug. 29, 2005)
proposed and cite to, for example, 5. Replace ‘‘§ 103.7(b)(1) of this chapter’’ (increasing the fee for Form I–290B from
‘‘proposed 8 CFR 106.2.’’ When this with ‘‘8 CFR 103.7(d)(4)’’ in 8 CFR 217.2. $110 to $385); 70 FR 56182 (Sept. 26,
preamble discusses the no longer 6. In 8 CFR part 235, replace ‘‘§ 103.7(b)(1) 2005).
codified but still in effect provisions of of this chapter’’ and § ‘‘103.7(b)(1)’’ with ‘‘8 • After those incremental changes,
CFR 103.7(d)(3)’’ in 8 CFR 235.1, with ‘‘8 DHS published a comprehensive FY
title 8 of the CFR, the standard of citing CFR 103.7(d)(7)’’ in 8 CFR 235.7, ‘‘8 CFR
to the CFR print edition date 35 may be 2008/2009 fee rule in 2007. See 72 FR
103.7(d)(13)’’ in 8 CFR 235.12, and ‘‘8 CFR 29851 (May 30, 2007).
inaccurate because title 8 was amended 103.7(d)(14)’’ in 8 CFR 235.13. • DHS further amended USCIS fees in
by a number of rules during calendar 7. Remove the second sentence of
the FY 2010/2011 fee rule. See 75 FR
year 2020. Therefore, when citing fee § 245.21(b) and remove and reserve
§§ 245.15(c)(2)(iv)(B) and (h)(2), 58962 (Sept. 24, 2010). This rule
regulations as they existed on October 1,
245.23(e)(1)(iii), and 245.24(d)(3) and removed the costs of RAIO, SAVE, and
2020, the regulatory citation will be
(i)(1)(iv). the Office of Citizenship from the fee
followed by that date. For example, the
8. Replace ‘‘Missouri Service Center’’ with schedule, in anticipation of
citation for the Biometric Services fee ‘‘National Benefit Center’’ in 8 CFR 245a.18, appropriations from Congress that DHS
that was removed by the 2020 fee rule 245a.19, and 245a.33. requested. See 75 FR 58961, 58966.
but is still in effect would be written, These resources did not fully
‘‘See 8 CFR 103.7(b)(1)(i)(C) (Oct. 1, 2. Previous Fee Rules materialize, requiring USCIS to use
2020).’’ 36 When citing to a provision other fee revenue to support these
The USCIS IEFA fee schedule that is
that was codified by the 2020 fee rule programs in the time between the FY
in effect was published in the DHS FY
that is not proposed in this rule, the 2010/2011 fee rule and the FY 2016/
2016/2017 fee rule. See 81 FR 73292
regulatory citation will be followed by 2017 fee rule. See 81 FR 26910–26912.
(Oct. 24, 2016).37 That rule and
the effective date of the 2020 fee rule. The supporting documentation
associated fees became effective on
For example, the citation for the accompanying this proposed rule in the
December 23, 2016. With that rule, DHS

separate fees for different versions of
adjusted the USCIS immigration
38 The Homeland Security Act of 2002 abolished
35 The soft bound print edition of the CFR is
benefits fee schedule for the first time in
the INS and transferred the INS’s immigration
revised on a quarterly basis. Titles 1 through 16 are more than six years, increasing fees by administration and enforcement responsibilities
revised as of January 1 each year. from DOJ to DHS. The INS’s immigration and
36 Readers may find the OFR’s eCFR a useful tool 37 The phrase ‘‘FY 2016/2017 fee rule,’’ as used citizenship services functions were specifically
to review historic regulatory text. For more in this proposed rule, encompasses the fee review, transferred to the Bureau of Citizenship and
information on viewing historical versions of the proposed rule, final rule, and all supporting Immigration Services, later renamed U.S.
eCFR, see https://www.ecfr.gov/reader-aids/using- documentation associated with the regulations Citizenship and Immigration Services. See Public
ecfr/ecfr-changes-through-time. effective as of December 23, 2016. Law 107–296, sec. 451 (6 U.S.C. 271).
rulemaking docket at https:// 3. Current Fees schedule as a result of the FY 2022/2023

www.regulations.gov contains a Table 2 summarizes the IEFA and fee review. The table excludes statutory
historical fee schedule that shows the biometric services fee schedule that took fees that DHS cannot adjust or can only
immigration benefit fee history since effect on December 23, 2016. DHS is adjust for inflation.
October 2005.39 proposing to change the current fee BILLING CODE 9111–97–P
Table 2: Current Non-Statutory IEFA Immigration Benefit Request Fees

Form No. 40 Title Fee
G-1041 Genealogy Index Search Request $65

G-1041A Genealogy Records Request $65
1-90 Application to Replace Permanent Resident Card $455
Application for Replacement/Initial Nonimmigrant
1-102 $445
Arrival-Departure Document
1-129/
Petition for a Nonimmigrant Worker $460
129CW
I-129F Petition for Alien Fiance(e) $535
1-130 Petition for Alien Relative $535
1-131 41 Application for Travel Document $575
I-131A Application for Carrier Documentation $575
1-140 Immigrant Petition for Alien Worker $700
Application for Relief Under Former Section 212(c) of
1-191 $930
the Immigration and Nationality Act (INA) 42
Application for Advance Permission to Enter as
1-192 $930/585 43
Nonimmigrant
1-193 Application for Waiver of Passport and/or Visa $585
Application for Permission to Reapply for Admission
1-212 $930
into the U.S. After Deportation or Removal
I-290B Notice of Appeal or Motion $675
1-360 Petition for Amerasian, Widow(er), or Special Immigrant $435
Application to Register Permanent Residence or Adjust
1-485 $1,140
Status
Application to Register Permanent Residence or Adjust
1-485 $750
Status (certain applicants under the age of 14 years )44
1-526 Immigrant Petition by Standalone Investor $3,675
I-526E Immigrant Petition by Regional Center Investor $3,675
1-539 Application to Extend/Change Nonimmigrant Status $370
1-600 Petition to Classify Orphan as an Immediate Relative $775
Application for Advance Processing of an Orphan

I-600A $775
Petition
1-601 Application for Waiver of Grounds of Inadmissibility $930
EP04JA23.010</GPH>
39 For IEFA fee history before 2005, see USCIS, with Addendum’’ (Oct 25, 2016), https:// 0466. Appendix VIII—IEFA Fee History, page 56,
‘‘FY 2016/2017 Immigration Examinations Fee www.regulations.gov/document/USCIS-2016-0001- provides fees from FY 1985 to Nov. 2010.
EP04JA23.009</GPH>
Account Fee Review Supporting Documentation

I-601A Application for Provisional Unlawful Presence Waiver $630
Application for Waiver of the Foreign Residence
1-612 Requirement (Under Section 212(e) of the INA, as $930
Amended)
Application for Status as a Temporary Resident under
1-687 $1,130
Section 245A of the Immigration and Nationality Act
1-690 Application for Waiver of Grounds of Inadmissibility $715
1-694 Notice of Appeal of Decision under Section 210 or 245A $890
Application to Adjust Status from Temporary to
1-698 $1,670
Permanent Resident (Under Section 245A of the INA)
1-751 Petition to Remove the Conditions on Residence $595
1-765 Application for Employment Authorization $410
Petition to Classify Convention Adoptee as an Immediate
1-800 $775
Relative
Application for Determination of Suitability to Adopt a
I-800A $775
Child from a Convention Country
I-800A
Request for Action on Approved Form I-800A $385
Suoo.3
1-817 Application for Family Unity Benefits $600
Application for Action on an Approved Application or
1-824 $465
Petition
Petition by Investor to Remove Conditions on Permanent
1-829 $3,750
Resident Status
Application for Suspension of Deportation or Special
1-881 $285/570
Rule Cancellation ofRemoval 45
Application for Authorization to Issue Certification for
1-905 $230
Health Care Workers 46
1-910 Application for Civil Surgeon Designation $785
Petition for Qualifying Family Member of a U-1
1-929 $230
Nonimmigrant
1-941 Application for Entrepreneur Parole47 $1,200
EP04JA23.011</GPH>

Application for Regional Center Designation (formerly
1-956 Form 1-924, Application For Regional Center $17,795
Designation Under the Immigrant Investor Program)
Regional Center Annual Statement (formerly Form I-
I-956G $3,035
924A, Annual Certification of Regional Center)
N-300 Application to File Declaration of Intention $270
Request for a Hearing on a Decision in Naturalization
N-336 $700
Proceedings
N-400 Application for Naturalization $640
N-400 Application for Naturalization (Reduced Fee) $320
Application to Preserve Residence for Naturalization
N-470 $355
Purposes
Application for Replacement Naturalization/Citizenship
N-565 $555
Document
N-600 Application for Certification of Citizenship $1,170
Application for Citizenship and Issuance of Certificate
N-600K $1,170
Under Section 322
Other USCIS Immigrant Fee $220
Other Biometric Services Fee $85
Other H-lB Electronic Registration Fee (per beneficiary) $10
BILLING CODE 9111–97–C

(i) Submitted concurrently with the Form I–485 of away from an ability-to-pay model to a
IV. Fee-Setting Approach—Reversal of a parent; (ii) The applicant is seeking to adjust beneficiary-pays model. See 84 FR
status as a derivative of his or her parent; and (iii)
2020 Fee Rule The child’s application is based on a relationship
62298 (Nov. 14, 2019); see also 85 FR
to the same individual who is the basis for the 46795 (Aug. 3, 2020) (final rule stating
In the 2020 fee rule NPRM, DHS
explained that it was shifting its fees
child’s parent’s adjustment of status, or under the that DHS had proposed shifting to a
same legal authority as the parent.’’ 8 CFR beneficiary-pays model). As described
103.7(b)(1)(i)(U)(2) (Oct. 1, 2020).
40 Form, when used in connection with a benefit 45 Currently there are two USCIS fees for Form I– by the U.S. Government Accountability
or other request to be filed with DHS to request an 881: $285 for individuals and $570 for families. See Office (GAO), under the beneficiary-
immigration benefit, means a device for the 8 CFR 103.7(b)(1)(i)(QQ)(1) (Oct. 1, 2020). DOJ’s pays principle, the beneficiaries of a
collection of information in a standard format that Executive Office for Immigration Review (EOIR) has service pay for the cost of providing that
may be submitted in a paper format or an electronic a separate $165 fee, which applies when one or
format as prescribed by USCIS on its official more applicants file with the immigration court. service.48 Under the ability-to-pay
website. The term ‘‘Form’’ followed by an 46 USCIS excluded Form I–905, Application to principle, those who are more capable
immigration form number includes an approved Issue Certification for Health Care Workers, from of bearing the burden of fees pay more
electronic equivalent of such form as made the FY 2022/2023 fee review. As such, it will not
available by USCIS on its official website. See 8
for the service than those with less
appear in any tables in this NPRM that display
CFR 1.2 and 299.1. The word ‘‘form’’ is used in this results of the FY 2022/2023 fee review. USCIS does
ability to pay. Id. Before the 2020 fee
proposed rule in both the specific and general not have a FY 2022/2023 forecast for Form I–905 rule, DHS engaged in a balance of these
sense. because it has a five-year renewal cycle and only two fee-setting principles when setting
41 As described in this notice of proposed
four applicants file it. USCIS adjudicates it USCIS fees. Generally, DHS has given
rulemaking (NPRM), the United States’ obligations manually, meaning it does not track the filings in
under the 1967 Protocol relating to the Status of any case management system. Future fee reviews more weight to the ability-to-pay than
Refugees (incorporating Article 28 of the 1951 may evaluate this fee if more information is the beneficiary-pays principle when
Convention relating to the Status of Refugees) guide available. setting USCIS fees, and has made
the Application for Travel Document fees for a 47 USCIS excluded Form I–941, Application for
Refugee Travel Document. The USCIS ABC model
affordability a central consideration.49
Entrepreneur Parole, from the FY 2022/2023 fee
does not set these fees. See 8 CFR review. As such, it will not appear in tables for
At the same time, DHS has not wholly
103.7(b)(1)(i)(M)(1) and (2) (Oct. 1, 2020); proposed workload, in tables for fee-paying volume, or rejected the beneficiary-pays principle,
8 CFR 106.2(a)(7)(i) and (ii). elsewhere in this NPRM. DHS published a separate including when the agency made clear
42 Form I–191 was previously titled Application
NPRM that proposed to terminate the program. See that it would not authorize fee waivers
for Advance Permission to Return to 83 FR 24415 (May 29, 2018). However, DHS
Unrelinquished Domicile. See 8 CFR withdrew that NPRM. See 86 FR 25809 (May 11,
48 See GAO, ‘‘Federal User Fees: A Design Guide’’
103.7(b)(1)(i)(O) (Oct. 1, 2020). 2021). As of Sep. 30, 2021, there are 24 FY 2021
43 The Form I–192 fee remained $585 when filed
receipts and only 54 receipts since the beginning of (May 29, 2008), https://www.gao.gov/products/
with and processed by U.S. Customs and Border the program. DHS does not believe it has sufficient GAO-08-386SP, at 7–12.
Protection (CBP). See 8 CFR 103.7(b)(1)(i)(P) (Oct. information to review this fee at this time. DHS 49 See 81 FR 26934 (May 4, 2016) (stating, ‘‘The
1, 2020). does not propose any changes to this fee but may lower fee would help ensure that those who have
44 This reduced fee is applied to ‘‘an applicant evaluate the fee in future fee reviews when more worked hard to become eligible for naturalization
EP04JA23.012</GPH>
under the age of 14 years when [the application] is: information is available. are not limited by their economic means.’’).
where such a waiver is inconsistent government; and have helped the Modification under Section 337
with the benefit requested, which may United States lead the world in science, (November 19, 2021).57
require establishing financial stability. technology, and innovation. DHS agrees As part of implementing Executive
See 75 FR 58974 (Sept. 24, 2010). In with the President’s goals of E.O. 14012, Order 14012, USCIS published a
addition, in past fee rules, DHS has and that our laws and policies must Request for Public Input 58 (RPI) on
declined to expand USCIS fee waivers encourage full participation by reducing barriers and burdens across
to benefits for which the eligibility immigrants, including refugees, in our USCIS benefits and services as part of
requires financial stability because that civic life, and that immigration benefits implementing Executive Order 14012. It
would contradict the rationale for received nearly 7,400 public comments
must be delivered effectively and
shifting costs related to those as a result. USCIS analyzed these
efficiently. More specifically, sections
applications to others through fee comments and incorporates actionable
3(a)(i) and 5(a)(iii) of E.O. 14012, suggestions into this proposed rule
waivers. See 72 FR 29863 (May 30,
2007). DHS has also previously declined respectively, instruct the Secretary of including expanding fee exemptions,
suggestions that it reduce the burden on Homeland Security to identify barriers clarifying the financial hardship criteria
low-income requestors by setting USCIS that impede access to immigration for fee waivers, and maintaining the
fees based on income using a tiered fee benefits and make the naturalization reduced fee for naturalization.
system, because the benefits from such process more accessible to all eligible Second, DHS has read and considered
a scenario would not justify the individuals, including through a the many comments that we received on
administrative costs added by requiring potential reduction of the naturalization the 2020 fee rule that stated that the
officers to adjudicate the documentation fee and restoration of the fee waiver increased fees and restrictions on fee
of the applicant’s income and eligibility process. Id. USCIS has already taken waivers in that rule would result in
for the requested fee level before crucial steps towards ensuring fair many fewer residents accessing a
processing the request. Id. In the 2020 access and removing unnecessary desired immigration status for which
fee rule, DHS was concerned that the barriers and bureaucracy. See, e.g., they are eligible, simply because they
level of USCIS annual forgone revenue Preserving Continuous Residence and cannot afford to apply. Others wrote
from fee waivers and exemptions had Physical Presence for Purposes of that the proposed naturalization fee
increased markedly from $191 million Naturalization while Engaged in increase would make naturalization
in the FY 2010/2011 fee review to $613 Religious Duties Outside the United unaffordable. Thus, many public
million in the FY 2016/2017 fee review. comments on the 2020 fee rule
States (May 25, 2021); 52 Naturalization
See 85 FR 46807 (Aug. 3, 2020) (citing indicated a preference for DHS placing
Eligibility and Voter Registration
81 FR 26922 and 73307). DHS estimated greater emphasis on the ability-to-pay
Through a State’s Benefit Application
in the 2020 fee rule supporting principle in setting its fees. As a result
Process (May 27, 2021); 53 Veterans of these comments, and to encourage
documentation that, without changes to
fee waiver policy, it would forgo Residing Outside the United States and full economic and civic participation by
revenue of almost $1.5 billion and Naturalization (May 28, 2021); 54 immigrants, DHS has also analyzed the
believed that the fees necessary to Assisted Reproductive Technology and effects of this rule in light of its impacts
recoup that foregone revenue 50 were too In-Wedlock Determinations for on low-income populations and
high to support the continuation of the Immigration and Citizenship Purposes organizations that assist them in section
existing fee waiver policy.51 DHS notes, (August 5, 2021); 55 Clarifying Guidance IX.A, Impact of Fees.
however, that in the 2020 fee rule, the on Military Service Members and As stated earlier, DHS is operating
agency did not abandon the ability-to- Naturalization (November 12, 2021); 56 under two injunctions that preclude it
pay principle altogether, and still Demonstrating Eligibility for from implementing or following the
provided for fee exemptions and changes made by the 2020 fee rule, as
statutorily mandated fee waivers in 52 U.S. Citizenship and Immigr. Servs., U.S. Dep’t well as an injunction that precludes it
certain circumstances. of Homeland Security, Preserving Residence, from implementing the 2019 Fee Waiver
In this new fee rule, DHS proposes to https://www.uscis.gov/sites/default/files/document/ Revisions. Thus, DHS must consider the
policy-manual-updates/20210525-Preserving
return the focus of its fee-setting away Residence.pdf (last updated May 25, 2021). concerns expressed and the courts’
from emphasizing the beneficiary-pays 53 U.S. Citizenship and Immigr. Servs., U.S. Dep’t findings in those cases. For example, in
principle towards the historical balance of Homeland Security, Naturalization Eligibility ILRC, the order granting the injunction
between the beneficiary-pays and and Voter Registration Through a State’s Benefit found that DHS failed to analyze the
ability-to-pay principles. DHS proposes Application Process, https://www.uscis.gov/sites/ effect of that rule’s fees on the demand
default/files/document/policy-manual-updates/
this for several reasons. 20210527-VoterRegistration.pdf (last updated May for immigration benefit requests. The
First, DHS has been directed by the 27, 2021). order also found that the rule’s
President to reduce barriers and 54 U.S. Citizenship and Immigr. Servs., U.S. Dep’t deviations from the beneficiary-pays
promote accessibility to the immigration of Homeland Security, Veterans Residing Outside principle conflict with the comments
benefits that it administers. See the United States and Naturalization, https://
www.uscis.gov/sites/default/files/document/policy-
presented on the effects of these changes
Executive Order 14012, 86 FR 8277 manual-updates/20210528-MilitaryVeterans.pdf on low-income and vulnerable
(Feb. 2, 2021) (E.O. 14012). As the (last updated May 28, 2021).
President noted in section 1 of the 55 U.S. Citizenship and Immigr. Servs., U.S. Dep’t 57 This guidance allows children born to married
Executive order, new Americans and of Homeland Security, Assisted Reproductive legal parents, one of whom has a genetic or
their children fuel our economy; Technology and In-Wedlock Determinations for gestational link to the child, to acquire citizenship
Immigration and Citizenship Purposes, https:// because these children are now considered born in
contribute to our arts, culture, and www.uscis.gov/sites/default/files/document/policy- wedlock. Immigration and Nationality Act. U.S.
manual-updates/20210805-AssistedReproductive Citizenship and Immigr. Servs., U.S. Dep’t of
50 In this context, ‘‘foregone revenue’’ refers to the Technology.pdf (last updated Aug 5, 2021). Homeland Security, Demonstrating Eligibility for
dollar value associated with an approved fee waiver 56 U.S. Citizenship and Immigr. Servs., U.S. Dep’t Modification under Section 337 of the Immigration
or fee-exempt forms and benefits. of Homeland Security, Clarifying Guidance on and Nationality Act, https://www.uscis.gov/sites/
51 See, e.g., 85 FR 46799 (Aug. 3, 2020) (stating Military Service Members and Naturalization, default/files/document/policy-manual-updates/
that the fee for Form N–400 would represent the https://www.uscis.gov/sites/default/files/document/ 20211119-ModificationUnderINA337.pdf (last
estimated full cost to USCIS and be determined in policy-manual-updates/20211112-Military updated Nov 19, 2021).
the same manner as most other USCIS fees). Naturalization.pdf (last updated Nov 12, 2021). 58 See 86 FR 20398 (Apr. 19, 2021).
immigrant populations. See ILRC at 27. When DHS deviates from the ABC directive to reduce carryover to around
Similarly, the court in NWIRP agreed model to limit, waive, or exempt certain $800 million. The majority of this
with the plaintiffs that the fees and fee customers from fees because they are increased spending was attributed to an
waiver regulations in the 2020 fee rule overly burdensome, or to advance a additional 3,800 positions that were
could cause harm to low-income public policy priority, this results in the added between FY 2017 and FY 2019.60
immigrants. See NWIRP at 72. fees for particular services being set at No enhancements were added in FY
DHS proposes to set USCIS fees at the a level that is higher than the estimated 2020 due to budget reductions.
level required to recover the full cost of cost of providing those services to fee- Increased spending in enhancements in
providing immigration adjudication and paying users. That means that DHS FY 2019 were approved based on the
naturalization services, as permitted or examined each fee in this proposed rule, assumption that the FY 2019/2020 fee
required by law, while providing certain and the fees proposed represent the rule would be implemented in the
fee exemptions and waivers for low- Department’s best effort to balance of summer of FY 2019, however
income immigrants. As USCIS estimates access, affordability, equity, and subsequent to those decisions the FY
that the current fee structure will not benefits to the national interest while 2019/2020 fee rule was delayed until
generate sufficient revenue to cover the providing USCIS with the funding the end of FY 2020.
projected costs of providing necessary to maintain adequate services. Despite the spending increases
immigration adjudication and between FY 2016 and FY 2019, USCIS
naturalization services under the ABC V. FY 2022/2023 Immigration
did not always spend as much as the
methodology, the fees for many Examinations Fee Account Review
plan called for, and carryover remained
immigration benefit requests will by A. USCIS Projected Costs and Revenue in a relatively strong position (about
necessity increase. Nevertheless, where $1.2 billion) at the end of both FY 2017
DHS has determined that this rule’s The primary objective of the fee
review is to determine whether current and FY 2018. By the end of FY 2019,
approach would inequitably impact the however, carryover had decreased to
ability of those who may be less able to immigration and naturalization benefit
fees will generate sufficient revenue to about $850 million. In first half of FY
afford the proposed fees to seek an 2020, before the onset of the COVID–19
immigration benefit for which they may fund anticipated operating costs
associated with administering USCIS’ pandemic, the agency had substantially
be eligible, DHS proposes either to increased its first and second quarter
maintain the pre-2020 fee rule role in the Nation’s legal immigration
system. USCIS examines its recent spending, due to the timing of contracts
regulations, fee waivers, and reduced and on-board levels; this drew carryover
fees that USCIS is following, or to add budget history, service levels, and
immigration and naturalization trends down to about $600 million at the end
new fee exemptions to address of February, with less than $200 million
accessibility and affordability. For to forecast costs, revenue, and
operational metrics. These data help in non-premium carryover, which
example, as detailed more fully later in funded 80 percent of USCIS operations.
this preamble, DHS proposes to USCIS identify the difference between
anticipated costs and revenue as well as Although USCIS had surplus premium
maintain the fee waiver regulations and funding of about $400 million, those
eligibility guidance that took effect in calculate proposed fees. DHS provides a
brief summary of how the USCIS budget funds were fenced due to statutory
2010. Consistent with previous fee restrictions and could not be used to
rules, DHS also proposes to limit the has evolved from the projections
included in the FY 2016/2017 fee rule offset the deficit.
fees for certain benefit requests in In the Spring of 2020, in the wake of
recognition that fees set at the ABC for context before discussing the
elements of the FY 2022/2023 fee the COVID–19 pandemic, USCIS
model output for these forms would be
review. The FY 2022/2023 fee review revenue dropped by 40 percent in April
overly burdensome. For example, as
encompasses three core elements: and an additional 25 percent in May
detailed later in this preamble, both
• Cost projections; from the forecasted collections. That
considering the affordability of
• Revenue projections; and created a possibility that USCIS might
naturalization, and to promote
• Cost and revenue differential (the violate statutory anti-deficiency
naturalization for the benefits it
difference between cost and revenue requirements and led to dramatic cuts in
provides to the country, DHS proposes
projections). spending through the last half of FY
to set the fee for Form N–400 at a level
2020, a hiring freeze, and planned
below what is required to recover the 1. USCIS Budget History
estimated full cost of providing furloughs if revenue did not increase.
naturalization services. In addition, USCIS’ costs have grown beyond the Towards the end of June and July of
DHS proposes to expand fee exemptions levels projected in the FY 2016/2017 fee 2020, revenue began to return to normal
for certain vulnerable populations, as rule, which went into effect on levels, and in conjunction with major
described later in this preamble.59 December 23, 2016. This cost growth budget cuts, allowed USCIS to avoid the
DHS acknowledges that the ability-to- reflects increased USCIS workloads and furloughs. In FY 2021, USCIS instituted
pay principle necessarily requires the staffing requirements during that time. 32 percent cuts to non-payroll expenses,
shifting of costs. If some customers are The FY 2016/2017 fee rule estimated continued the hiring freeze through
exempt from paying fees or have their that an average annual IEFA non- April 2021, and did not fund
fees waived, total fee collections cannot premium cost projection of $3,037.8 enhancements. While USCIS carryover
cover the total program costs unless million was required to meet USCIS’ has stabilized and is projected to be over
other users pay higher fees to cover the operational requirements. $600 million from non-premium fees at
costs associated with processing the Spending grew by $1 billion or 28 the end of FY 2022, USCIS is still living
benefit requests of non-paying users. percent between FY 2016 and FY 2019, with effects of those 32 percent budget
USCIS follows the principles in OMB while revenue only grew by $406 cuts. USCIS has a minimum carryover
Circular A–25 and uses an ABC model million or 12 percent during the same
60 See the supporting documentation in the
to align its fees closely with the period. Spending was driven by $943
docket for this rule for more information. Appendix
estimated cost for the relevant service. million of one-time and recurring Table 9 on page 49 shows on-board staffing by
enhancements provided over the same office and fiscal year. Please note that on-board
59 See section VII, Fee Exemptions. time period due to a leadership staffing is a subset of authorized staffing.
threshold of $1,063.8 million in the base for its FY 2022/2023 fee review projects costs of $5,150.7 million for
non-premium IEFA.61 cost projections, totals $3,776.3 USCIS to fulfill its IEFA non-premium
The FY 2021 non-premium IEFA cost million.62 As discussed later in greater operational needs on an average annual
projections, which USCIS uses as the detail, the FY 2022/2023 fee review basis.
Table 3: FY 2016/2017 Fee Rule Cost Projections vs. FY 2021 Operating

Plan (Dollars in Thousands)
FY 2016/2017 FY 2021
Type Difference Change
Average Operating Plan
Payroll $1,631,320 $2,309,288 $677,967 41.6%
Non-
Payroll $1,406,466 $1,467,050 $60,584 4.3%
Total $3,037,786 $3,776,338 $738,552 24.3%
The combined average non-payroll or funding to cover emergent costs from • $52.4 million (83 percent) decrease
general expenses (GE) 63 budget for the policy decisions, renegotiation of in Service Center Operations (SCOPS)
FY 2016/2017 fee review of $1,406.5 contracts, or new leases that were not contractor support.
million increased by only 4.3 percent to included initially in the OP or in the While USCIS will need to reverse
$1,467.0 million in the FY 2021 projected biennial period’s cost budget. some of the GE spending cuts it has
Operating Plan (OP), which is a detailed The limited growth in USCIS’ GE made to ensure the continuation of its
spend plan for the agency that is budget is the result of actions taken by operations, USCIS projects that some of
finalized in the summer before the start USCIS to constrain cost growth. In these cuts will be permanent, in an
of the fiscal year. Typically, the response to reduction in applicant effort to limit cost growth and the
operating plan is executed closely to the volume and associated revenues during increase in fees. Further details of
original plan and is indicative of the the COVID–19 pandemic, USCIS restored GE budget cuts in the FY 2022/
resources needed for each of the implemented significant GE cost-saving 2023 fee review cost projections are
Directorates and Program Offices to measures in FY 2020 and FY 2021. found in section V.A.2.a of this
execute throughout the year. Excluding These cuts enabled USCIS to redirect preamble.
increased contingency funding, the GE resources to fund payroll and ensure In contrast to the limited growth in
budget actually decreased from $1,406.5 that USCIS did not have to furlough any non-payroll expenses relative to the FY
million in the FY 2016/2017 fee review employees. These cuts included GE 2016/2017 fee review budget, USCIS’
to $1,258.0 million in the FY 2021 OP, reductions of up to 32 percent across all payroll costs have increased
a decrease of $148.5 million or 10.6 USCIS offices, including a pause on new substantially due to an increase in
percent. As evidenced by the financial GE expenditure, reduced travel, staffing. The combined average IEFA
strains placed on USCIS by the COVID– implementing shorter periods of non-premium payroll budget for the FY
19 pandemic, however, USCIS must performance for contracts, and a freeze 2016/2017 fee review of $1,631.3
maintain additional contingency on implementing new contracts. Notable million increased by 41.6 percent to
funding to deal with emergent examples of GE budget decreases from $2,309.3 million in the FY 2021 OP.
operational needs and provide funding FY 2016/2017 to FY 2021 include: USCIS experienced a significant
in the event of unforeseen financial • $103.7 million (32 percent) increase in application volume during
shortfalls and seasonal fluctuations in decrease in IT equipment, software, and the FY 2016/2017 to FY 2021 period
filing volumes and revenues.64 related contractor support; and adjusted its staffing requirements
Additionally, GAO acknowledges that • $36.8 million (52.2 percent) accordingly. The FY 2016/2017 fee
fee funded agencies may need to decrease in the USCIS Office of review accounted for 14,543 fully
designate funds as operating reserves to Citizenship and Applicant Information funded positions, while as of pay period
weather periods when revenue Services’ (CAIS) GE budget, which 6 of FY 2021 (March 27, 2021) USCIS
collections are lower than costs.65 included a reduction to the call center had 18,840 positions authorized to be
Therefore, USCIS decided to increase its support contract and removal of Office funded with IEFA non-premium funds
contingency cost projection in the FY of Citizenship grants that were included (an increase of 29.5 percent). This
2021 OP and maintain the same level in in the FY 2016/2017 fee rule budget; greater number of positions reflects
the fee review cost budget in case of • $27.3 million (59.9 percent) increased operational demands on
continued negative effects from the decrease in travel and training across all USCIS, including growth in workload
pandemic. USCIS may use contingency USCIS offices; and volumes, growth in the time required
61 See the IEFA Non-Premium Carryover reported a different total FY 2021 Annual Operating deputy-director-for-policy-statement-on-uscis-fiscal-
Projections section of the supporting Plan of $3,524 million. This fee review uses the outlook. See also USCIS, ‘‘USCIS Averts Furlough
documentation for how and why USCIS requires a earlier FY 2021 operating plan amount, which was of Nearly 70% of Workforce (Aug. 25, 2020),
minimum carryover balance. a reasonable assumption at the time. https://www.uscis.gov/news/news-releases/uscis-
62 The USCIS FY 2021 Annual Operating Plan 63 General expenses (GE) refers to non-pay averts-furlough-of-nearly-70-of-workforce.
amount of $3,776 million was reported in the FY expenses, such as office equipment, technology, 65 See U.S. Government Accountability Office,
2022 Congressional Budget Justification and USCIS training, and travel. Federal User Fees: Fee Design Options and
used this amount for cost projections to develop the 64 See USCIS, ‘‘Deputy Director for Policy Implications for Managing Revenue Instability
proposed new fee structure. In March 2021, the Statement on USCIS’ Fiscal Outlook’’ (June 25, (Sept. 30, 2013), https://www.gao.gov/assets/gao-
EP04JA23.013</GPH>
USCIS FY 2023 Congressional Budget Justification 2020), https://www.uscis.gov/news/news-releases/ 13-820.pdf.
per case which is in part driven by a 2. FY 2022/2023 Cost Projections Overall, the IEFA cost baseline
combination of changing adjudication In developing projected program increases by 35.3 percent in FY 2022
policy and length of the forms, and needs for FY 2022/2023, USCIS used the and 37.4 percent in FY 2023 both
expanded responsibilities for other FY 2021 operating plan (OP) as the relative to the FY 2021 OP. A detailed
offices, such as Fraud Detection and starting point. Actual and anticipated summary of adjustments to the FY 2021
National Security (FDNS), including changes from the FY 2021 OP are OP that resulted in the projected budget
social media vetting.66 Payroll budget discussed in this section. Enacted funds requirements for FY 2022 and FY 2023
increases from FY 2016/2017 to FY 2021 from FY 2022 are not included in the follows.
include: projections. In addition, there are
• New positions across all USCIS Despite the growth in USCIS’ IEFA
standard pay adjustments and increases non-premium budget from the levels
offices: $324.2 million (19.9 percent). to programs to maintain current services
Due to the operational impact of the projected in the FY 2016/2017 fee
that are fairly standard in budget
COVID–19 pandemic and potential review to the levels in the FY 2021 OP,
development. Examples of necessary
furlough of USCIS employees, FY 2020 adjustments include: USCIS remains underfunded to
and FY 2021 did not have any new • Pay inflation and within-grade pay accomplish its operational objectives,
authorized positions; step increases ($2.67 billion in FY 2022 and processing backlogs continue to
• Pay raises: $167.7 million (10.0 and an additional $2.76 billion in FY grow. See section III.A of this preamble
percent). Pay raises were 1.3 percent in 2023). The assumed Government-wide for information on supplemental
FY 2016 and 1.0 percent in FY 2021.67 pay inflation rate for FY 2022 and FY appropriations for the backlog.68 USCIS
The highest annual pay raise of 3.1 2023 is 2.7 percent and 1.6 percent projects that its IEFA non-premium cost
percent occurred in FY 2020; and respectively. projections must increase by 36.4
• Significant payroll increases due to • Staffing requirements ($315.7 percent from $3,776.3 million in FY
an increase in staffing levels in these million in FY 2022 and an additional 2021 to an average of $5,150.7 million
USCIS offices and directorates: $34.8 million in FY 2023). USCIS in FY 2022/2023 to fulfill USCIS’
Æ Asylum Division: $49.7 million models staffing allocations and costs operational requirements. This increase
(40.2 percent); based on projected workload volumes. in funding will ensure that USCIS is
Æ Field Office Directorate: $150.5 See section V.B. of this preamble for able to meet its operational needs
million (24.7 percent); information on how workload and during the biennial period. The
Æ FDNS: $91.4 million (73.6 percent); completion rates affect staffing. Staffing following subsections provide more
and allocation model cost estimates are also details on the required increases for the
Æ SCOPS: $184.6 million (68.7 influenced by position type, grade level
FY 2022/2023 cost projections.
percent). and locality.
Table 4: FY 2021 Operating Plan vs. FY 2022/2023 Fee Review Cost Projections
(Dollars in Thousands)
FY 2021 FY 2022/2023 Percent of
Type Difference Change Total Change
Operating Plan Average
Payroll $2 309 288 $3 347,853 $1,038 565 45.0% 75.6%
Non- 24.4%
Payroll $1 467 050 $1 802,854 $335 805 22.9%
Total $3,776,338 $5,150,708 $1,374,370 36.4% 100.0%
a. General Expenses estimates that its GE budget must million in the FY 2022/2023 fee review
In the USCIS cost projections, GE increase by $335.8 million (22.9 cost projections. Excluding contingency
represent all costs that are not related to percent) from $1,467.0 million in FY funding, USCIS projects the GE budget
pay or benefits of employees. USCIS 2021 to a combined average of $1,802.9 must increase from $1,258.0 million in
66 In 2004, USCIS established the Fraud Detection and prevention), the National Science Foundation, to cover the full costs of FDNS. The Fraud fee
and National Security Directorate (FDNS) in and the U.S. Department of Labor. See 8 U.S.C. account revenue collections are divided in three
response to a Congressional recommendation to 1356(v)(2)(B). FDNS is funded out of both the IEFA thirds, one for the Department of State, one for the
establish an organization ‘‘responsible for and the fraud detection and prevention account Department of Labor, and one for USCIS.
developing, implementing, directing, and because the fees fixed by the statute are insufficient 67 For a history of Federal salary data, see Office
overseeing the joint USCIS-Immigration and to cover the full costs of FDNS. The Fraud fee of Personnel Management (OPM), Policy, Data,
Customs Enforcement (ICE) anti-fraud initiative and account revenue collections are divided in three
Oversight: Pay and Leave available at https://
conducting law enforcement/background checks on thirds, one for the Department of State, one for the
www.opm.gov/policy-data-oversight/pay-leave/
every applicant, beneficiary, and petitioner prior to Department of Labor, and one for USCIS. https://
salaries-wages/. OPM sets Federal salary levels, not
granting immigration benefits.’’ See, Conference www.gpo.gov/fdsys/pkg/CRPT-108hrpt774/pdf/
Report to accompany H.R. 4567 [Report 108–774], CRPT-108hrpt774.pdf. The Fraud Prevention and DHS.
68 The appropriated funds will be focused mainly
‘‘Making Appropriations for the Department of Detection Account and the H–1B Nonimmigrant
Homeland Security for the Fiscal Year Ending Petitioner Account are funded by statutorily set on reducing current backlogs and not on processing
September 30, 2005,’’ p. 74, available at https:// fees, and divided among USCIS (for fraud detection future requests. If USCIS does not increase revenue
www.gpo.gov/fdsys/pkg/CRPT-108hrpt774/pdf/ and prevention), the National Science Foundation, to meet the costs of timely adjudicating all
CRPT-108hrpt774.pdf. The Fraud Prevention and and the U.S. Department of Labor. See 8 U.S.C. incoming receipts as proposed in this rule, USCIS
Detection Account and the H–1B Nonimmigrant 1356(v)(2)(B). FDNS is funded out of both the IEFA will not be able to keep up with demand and
Petitioner Account are funded by statutorily set and the fraud detection and prevention account backlogs are likely to rematerialize despite the
EP04JA23.014</GPH>
fees, and divided among USCIS (for fraud detection because the fees fixed by the statute are insufficient funds provided for clearing those requests on hand.
FY 2021 to $1,592.7 million in FY 2022/ months were added to the 12-month mission objectives, including
2023, or 26.6 percent. This increase in optional period to resume in FY 2022. administrative functions. This
GE is primarily the result of the planned • The Office of the Chief Information additional staffing requirement reflects
reversal of reductions made in FY 2020 Officer’s GE budget is projected to the fact that it takes USCIS longer to
and FY 2021 due to the COVID–19 increase by $35.3 million (16 percent) to adjudicate many workloads than was
pandemic. These reductions were support the USCIS staffing requirements planned for in the FY 2016/2017 fee
necessary at the time to preserve the in the FY 2022/2023 fee review. The rule and that workload volumes and
financial stability of USCIS, but some of additional funding is required to operational needs have grown. See
them must be reversed to ensure that provide IT support, equipment, and section V.B. for information on how
USCIS can adequately perform the network services. This excludes projects
workload and completion rates affect
adjudication and naturalization services funded from premium processing. As
staffing forecasts. Outside of the SAMs,
that it is statutorily charged to stated earlier, non-premium IEFA cost
projections are the basis for the fee USCIS has identified the need for
administer. Notable examples of another 2,035 new positions to
increases in the GE budget from FY review budget.
• The budget includes an increase of accommodate the Asylum Processing
2021 to the FY 2022/2023 fee review
$9.8 million at the National Records interim final rule (IFR) and the
average are projected to occur for these
Center (NRC) to reduce the Freedom of proposed increase in the refugee
directorates and programs:
Information Act (FOIA) backlog at the admissions ceiling to 125,000. See
• SCOPS contractor support is section V.2.c. of this preamble for more
NRC in FY 2022/2023. DHS has
projected to increase $41 million (386.4 information on how the Asylum
requested appropriations to fund this
percent) above the FY 2021 level. The Processing IFR, 87 FR 18078 (Mar. 29,
additional spending. If USCIS receives
funding for SCOPS contractor support
appropriations, USCIS may be able to 2022), and other rulemakings affect the
would revert close to the level projected
revise downward the cost projections fee review budget.72
in the FY 2016/2017 fee rule because
funded by IEFA fees. • Realignment of 1,157 positions into
the FY 2021 level had been reduced due
to funding constraints associated with b. Payroll the non-premium IEFA budget: $135.5
the COVID–19 pandemic. USCIS projects that it must increase million. This realignment includes
• GE is projected to increase by $35 its IEFA non-premium pay budget by moving 1,127 positions from IEFA
million to support increased refugee $1,038.6 million (45 percent) from premium processing funding ($129.8
processing associated with a proposed $2,309.3 million in FY 2021 to $3,347.9 million) and 30 positions that were
increase to the refugee ceiling. million in the FY 2022/2023 fee review previously funded by appropriated
• Immigration Records and Identity period to meet its operational funds for the E-Verify program ($5.7
Services (IRIS) is projected to have requirements. The payroll growth million) to IEFA non-premium funding.
additional FY 2022/2023 Federal includes: The 1,127 positions were temporarily
Bureau of Investigation (FBI) fingerprint • Pay and benefit adjustments for funded out of the premium processing
and background check service costs of onboard staff: $313.1 million. USCIS budget in the FY 2021 OP due to
$16.7 million based on FBI fees and budget projections include increased financial constraints. Funding these
workload estimates. costs associated with the Government- positions with IEFA non-premium
wide cost of living adjustment (COLA) resources will allow USCIS to redirect
• In addition to the restoration of $13
assumption of 2.7 percent for FY 2022 premium processing funds to
million for Application Support Center
and 1.6 percent for FY 2023.70 infrastructure improvements, including
(ASC) contract support, costs increase as
• Pay and benefits for new staff: investments in USCIS’ digital
USCIS restores ASC capacity following
$590.0 million. Projected FY 2022 and capabilities, as well as backlog
the COVID–19 pandemic. USCIS
FY 2023 workloads exceed current reduction efforts. USCIS is also
temporarily suspended in-person
workload capacity by 10.2 percent, realigning 30 positions from
services between March 18, 2020 until
thereby requiring additional staff. The
June 4, 2020.69 ASC appointments that appropriated E-Verify program funding
FY 2022 and FY 2023 Staffing
were cancelled due to the temporary to IEFA non-premium funding to reflect
Allocation Models (SAMs) 71 estimated
office closure were rescheduled causing the appropriate distribution of positions
an additional 1,921 positions are
some individuals to experience as identified in the Verification Division
necessary to meet adjudicative
significant processing delays. To reduce SAM. The SAM identified that the 30
processing goals and other USCIS
costs, the annual contract was deferred positions are better attributed to the
to nine months. The remaining three 70 The FY 2022 COLA assumption is based on SAVE program, which is funded with
President Biden’s ‘‘Letter to the Speaker of the IEFA non-premium funds. Therefore,
69 USCIS temporarily suspended in-person office House and the President of the Senate on the USCIS accounts for these 30 positions as
services to help slow the spread of COVID–19 and Alternative Plan for Pay Adjustments for Civilian
Federal Employment’’, issued on August 27, 2021.
increased IEFA non-premium costs.
ensure the safety of our staff and communities.
These temporary closures and capacity limitations See White House, ‘‘Letter to the Speaker of the 72 On March 29, 2022, DHS and DOJ issued an
led to a substantial backlog of cases awaiting House and the President of the Senate on the
Alternative Plan for Pay Adjustments for Civilian interim final rule, Procedures for Credible Fear
biometrics appointments. USCIS has since extended
operating hours at high-volume ASCs and adjusted Federal Employees’’ (Aug. 27, 2021), https:// Screening and Consideration of Asylum,
biometrics submission requirements for certain www.whitehouse.gov/briefing-room/statements- Withholding of Removal, and CAT Protection
applicants to address the backlogs. See USCIS, releases/2021/08/27/letter-to-the-speaker-of-the- Claims by Asylum Officers (Asylum Processing
USCIS Temporarily Closing Offices to the Public house-and-the-president-of-the-senate-on-the- IFR), to improve and expedite processing of asylum
March 18–April 1, https://www.uscis.gov/news/ alternative-plan-for-pay-adjustments-for-civilian- claims made by noncitizens subject to expedited
alerts/uscis-temporarily-closing-offices-to-the- federal-employees/. The FY 2023 COLA assumption removal, ensuring that those who are eligible for
public-march-18-april-1 (last updated Mar. 17, is based on the available DHS Resource Allocation protection are granted protection quickly, and those
2020); see also USCIS, USCIS Preparing to Resume Plan (RAP) guidance as of March 29, 2021. who are not are promptly removed. The rule
Public Services on June 4, https://www.uscis.gov/ 71 The SAMs are SAS-based workforce planning authorizes asylum officers within USCIS to
newsroom/alerts/uscis-preparing-to-resume-public- tools that estimate the staffing requirements consider the asylum applications of individuals
services-on-june-4 (last updated Sept. 16, 2001). At necessary to adjudicate the projected volume of subject to expedited removal who assert a fear of
the date of publication of this proposed rule, ASC workload receipts (in other words, applications and persecution or torture and pass the required
backlogs have mostly been eliminated. petitions). credible fear screening. See 87 FR 18078.
c. Related Rulemakings calculation of the proposed fees to proposal, then USCIS may dedicate
recover full costs of USCIS additional staff and resources to the
As stated elsewhere in this preamble
implementation of the rule. Consistent Asylum Processing IFR. If actual
with regard to the premium processing
with the reasoning described in the revenue is lower than the estimates in
rule and the DACA NPRM,
Asylum Processing IFR, DHS has used this proposal, then USCIS may dedicate
simultaneously with this rule, DHS is
the primary estimate of annual costs in fewer resources to implementing the
engaging in multiple rulemaking actions
the model used to calculate the fees in Asylum Processing IFR. Relatedly, if the
that are in various stages of
this rule.74 Use of this figure results in ultimate costs of implementing the
development.73 See 86 FR 53736. DHS
costs of an average $425.9 million per Asylum Processing IFR exceed the
has considered and analyzed each of
fiscal year during the biennial period.75 estimates included in this proposal, this
these other rules for peripheral,
This funding, which is reflected in the will strain the resources available to
overlapping, or interrelated effects on figures above, would support 2,035 new USCIS and processing backlogs may
this rule and has incorporated their staff and associated GE. These expenses grow. Future fee review budget
effects, if any, into the supporting constitute approximately 31 percent of estimates will consider current and
documentation, fee calculations, the total projected increase in budgetary planned DHS and USCIS policies.
policies, and regulatory text for this requirements from FY 2021 to FY 2022/
proposed rule. If USCIS identifies alternative funding
2023. mechanisms or resources for the
DHS is proposing changes to the DHS proposes to include the middle
USCIS fee schedule in this rule that may Asylum Processing IFR other than IEFA
of the three Asylum Processing IFR non-premium funds, the fee review
be necessary to implement the rule estimates to plan for these additional
titled ‘‘Procedures for Credible Fear budget projections may be reduced
staff and other resources.
Screening and Consideration of Asylum, accordingly. Therefore, with the
Implementation of this rulemaking is
Withholding of Removal, and CAT implementation realities of the Asylum
subject to resource constraints,
Protection Claims by Asylum Officers.’’ Processing IFR and possible
including available IEFA non-premium
See 87 FR 18078 (Mar. 29, 2022) congressional appropriations to fund
funding and revenue. When USCIS does
(Asylum Processing IFR). In the Asylum that rule, DHS may reduce USCIS’
not have the resources that it needs to
Processing IFR, DOJ and DHS amended estimated resource requirements for FY
meet its goals, processing times increase
the regulations governing the 2022/2023 and the fees necessary to
and the case processing backlog grows.
determination of certain protection generate those resources in a final fee
USCIS evaluates its budget and revenue
claims raised by individuals subject to rule.
for operational purposes annually,
expedited removal and found to have a separate from the fee review process. d. Cost Summary
credible fear of persecution or torture. For example, as mentioned above, the
The changes are expected to improve OP is a budget for the current year and Table 5 below is a crosswalk summary
the Departments’ ability to consider the is separate from the fee review budget of the FY 2021 OP to the FY 2022 and
protection claims of individuals estimates for future years. If actual FY 2023 cost projections. It accounts for
encountered at or near the border and revenue in FY 2022 or FY 2023 is higher payroll and non-payroll for on-board
placed into expedited removal more than the estimates included in this and new staff, other resource
promptly while ensuring fundamental requirements or adjustments, and the
fairness. 74 See 87 FR 18078 (Mar. 29, 2022), at 18206. removal of costs associated with
DHS includes an estimated cost of the 75 DHS acknowledges that, by using the middle of temporary programs. The FY 2022/2023
Asylum Processing IFR in our the range of costs, if actual costs are higher than IEFA non-premium average annual
that, then the USCIS fee schedule will be set at a budget requirement is estimated to be
level that is less than what will be required to
73 See Spring 2022 Unified Agenda of Regulatory
recover all of the costs added by the Asylum $5,150.7 million. This represents a
and Deregulatory Actions, Agency Rule List-Spring Processing IFR, all other factors remaining the $1,374.4 million, or 36.4 percent,
2022, Department of Homeland Security at https:// same. Estimated annual costs of the Asylum increase over the FY 2021 IEFA non-
www.reginfo.gov/public/do/eAgenda Processing IFR (mid-range estimate): FY 2022 total premium budget of $3,776.3 million. As
Main?operation=OPERATION_GET_AGENCY_ costs of $438.2 million plus FY 2023 total costs of
RULE_LIST&currentPub=true&agencyCode=&show $413.6 million equals $851.8. See 86 FR 46933–
previously discussed, the primary cost
Stage=active&agencyCd=1600 (last accessed July 46934. Average total costs of FY 2022/2023 equal driver is payroll, which accounts for 76
26, 2022). $425.9 million. percent of the increase.
Table 5: Cosf Proiectfons·

• .... · · .•·.· · . . .FY2022/2023FeeReview IEFA ..·. ·.·.·....·.........•.·. · .· · . . . .. ...
. Non~J.>rellihu.i C3ost .ProJection (in lVIJJUqris) \ ·•· .· ......: ·.. :·
Totall\djuste<l • . · .· $3,7:76.3
.. F'\:'. . 2021 lEFA . . Nqn~Premi#m Cost. PrdJ~ctio1l
.. . ·
••• :
(Base) . ..
Plus: Pav Inflation and Promotions/Within-Grade Increases $397.5
Plus: FY 2022 SAM $315.7
Plus: Asylum Processing IFR $438.2
Plus: Refugee Ceiling Increase $82.2
Plus: Realignment of Positions $134.0
Plus: Net Additional Costs -$32.4
.· TotalAdjusied·.FY202lJEFANon~Premium CostProjectioJi. •. .$5.,111.5 .
Plus: Additional Pav Inflation and Promotions/Within-Grade Increases $132.7
Plus: Net additional FY 2023 SAM $34.8
Plus: Additional Net Additional Costs -$89.0
Totalt\dj11sted FY 2023\111:F.t\ Non-Pre.111ium Co*t .P~oj.ection <:.: -< ·.·.. $$,190,0
FY 2022/2023 Avera2e Non-Premium Cost Projection $5,150.7
3. FY 2022/2023 Revenue Projections USCIS uses actual revenue collections assumptions. Despite the increase in
USCIS’ revenue projections are from August 2019 to July 2020 as a basis projected revenue above the FY 2016/
informed by internal immigration for the fee-paying assumptions in the FY 2017 fee rule projection, this additional
benefit request receipt forecasts agreed 2022/2023 revenue projections. See revenue is projected to be insufficient to
to by the USCIS Volume Projection section V.B.1 of this preamble for a recover USCIS’ increased costs, as
Committee (VPC). See section V.B.1.a of more detailed discussion of USCIS discussed in the next section.
this preamble for more information on volume projections and fee-paying rates.
USCIS’ current fee schedule is 4. Projected Cost Revenue Differential
the VPC.76 USCIS also uses 12 months
of historical actual fee-paying receipts to expected to yield $3.28 billion of
USCIS identifies the difference
account for fee-waiver and fee- average annual revenue during the FY
2022/2023 biennial period. This between anticipated costs and revenue,
exemption trends. To project USCIS assuming no changes in fees, to
IEFA non-premium revenue, USCIS represents an increase of $0.80 billion,
or 32 percent, from the FY 2016/2017 determine whether the existing fee
develops application volume schedule is sufficient to recover the
projections using all available data. fee rule projection of $2.48 billion. See
81 FR 26911 (May 4, 2016). The projected full cost of providing
USCIS then considers the fee-paying immigration adjudication and
rate for each application and petition projected revenue increase is based on
the fees established by the FY 2016/ naturalization services or whether a fee
type to reflect the fact that not all adjustment is necessary. Table 6
applicants and petitioners pay fees due 2017 fee rule and more anticipated fee-
paying receipts. The FY 2016/2017 fee summarizes the projected cost and
to fee waivers and fee exemptions. revenue differential. Non-Premium
rule forecasted 5,870,989 total workload
76 USCIS has developed the VPC, a panel of receipts and 5,140,415 fee-paying Revenue represents a revenue forecast
agency experts, for systematic immigration benefit receipts. See 81 FR 26923–26924. using the current fees. Non-Premium
request filing volume forecasting for use in fee However, the FY 2022/2023 fee review Cost represents a budget forecast. In any
studies. USCIS has considered other business forecasts 7,601,200 total workload fee review, if the revenue forecast is less
forecasting and structured forecasting approaches
and models but has found that the VPC has a receipts and 6,510,442 fee-paying than the budget forecast, then USCIS
reliably accurate history of filing volume receipts. See section V.B.1. of this may propose new or increased fees to
prediction. Two annual VPC meetings consider preamble for more information on the cover the budget-revenue shortfall.
draft and final volume projections for several years workload and fee-paying receipt Otherwise, USCIS may reduce certain
ahead. One of three annual VPC meetings reviews
the forecasts for the previous year, compares them
forecasts. This represents a 29 percent costs or services to cover the difference.
to actual receipts, and discusses future increase to workload and 26 percent Summary values may vary due to
improvements for greater accuracy. increase to fee-paying receipt volume rounding.
EP04JA23.015</GPH>
Table 6: IEFA Non-Premium Cost and Revenue (at FY 2021 levels)

Comparison (Dollars in Millions)
FY 2022/2023
Point of Comparison FY2022 FY 2023
Avera2e
Non-Premium Revenue
$3,280.3 $3,284.8 $3,282.5
with Current Fees
Non-Premium Cost
$5,111.5 $5,190.0 $5,150.7
Projection
Difference -$1,831.2 -$1,905.2 -$1,868.2
Historically, and for the purpose of insufficient. USCIS estimates that it may applies or for whom USCIS grants a fee
the fee review, USCIS reports costs and recover $91.9 million in FY 2022 and waiver are represented in the workload
revenue as an average over the 2-year $94.2 million in FY 2023 for the non- volume, but not the fee-paying volume.
period. In Table 6, USCIS averages FY premium IEFA. Therefore, DHS Customers who pay a fee fund the cost
2022 and FY 2023 costs and revenue to proposes to increase revenue through of processing requests for fee-waived or
determine the projected amounts to be the fee adjustments described in detail fee-exempt immigration benefit
recovered through this rule. Based on throughout this rule. To the extent requests. Tables 7 and 8 compare the FY
current immigration benefit and USCIS is successful in measurably 2016/2017 fee rule volume forecasts to
biometric services fees and projected reducing completion rates or achieving the volume forecasts for this rulemaking
volumes, USCIS expects that if fees other productivity gains, DHS will re- similar to previous fee rules. See e.g., 81
remained at their current levels, those evaluate the fee schedule in subsequent FR 26922–26924. Actual receipts from
fees would generate $3.28 billion in fee rules. prior years inform those forecasts, but
average annual revenue in FY 2022 and they may not be the only reason for
B. Methodology differences. We explain some of the
FY 2023. For the same period, the
average annual cost of processing those When conducting a fee review, USCIS larger differences in the paragraphs that
immigration benefit requests and reviews its recent operating follow Tables 7 and 8. For information
providing biometric services is $5.15 environment to determine the on actual receipts from previous fiscal
billion. This yields an average annual appropriate method to assign costs to years, see Appendix Table 13 in the
deficit of $1,868.2 million. In other immigration benefit requests, including supporting documentation.
words, USCIS expects the costs of biometric services. USCIS uses ABC, a
a. Workload Volume and Volume
fulfilling its operation requirements in business management tool that assigns
Projection Committee
FY 2022/2023 will exceed projected resource costs to operational activities
total revenue under its current fee and then to products, services, or both. USCIS uses statistical modeling,
structure. USCIS uses commercially available ABC immigration receipt data, and internal
Because projected costs are higher software to create financial models. assessments of future developments
than projected revenue, USCIS has These models determine the cost of each (such as planned immigration policy
several options to address the shortfall: major step toward processing initiatives) 78to develop workload
immigration benefit requests and volume projections. All relevant USCIS
1. Reduce projected costs; directorates and program offices are
2. Use carryover funds or revenue from the
providing biometric services. This is the
same methodology that USCIS used in represented on the VPC. The VPC
recovery of prior year obligations; or
the last five fee reviews, and it is the forecasts USCIS workload volume using
3. Adjust fees with notice-and-comment
rulemaking. basis for the current fee structure. statistical forecasts and subject-matter
Following the FY 2016/2017 fee rule, expertise from various directorates and
Although USCIS continues to pursue program offices, including the service
USCIS identified several key
efforts to increase agency efficiency, centers, National Benefits Center, RAIO,
methodology changes to improve the
DHS believes that reducing the and regional, district, and field offices.
accuracy of its ABC model. For more
projected costs to equal the projected Input from these offices helps refine the
information on these changes, please
revenue would degrade USCIS
refer to the Changes Implemented in the
operations funded by the IEFA; 78 DHS has considered the effects on this rule of
FY 2022/2023 Fee Review section of the
therefore, this is not a viable alternative all intervening legislation, related rulemakings, and
supporting documentation located in policy changes that USCIS knows have occurred or
to the proposed rule. The projected
the docket of this rule. will occur by the time the rule is signed. However,
amount of funding necessary to meet DHS does not and cannot assert that it knows and
USCIS’ operational requirements would 1. Volume has considered every policy change that is planned
exceed USCIS’ projected carryover in USCIS uses two types of volume data or that may occur at all levels and agencies of the
both FY 2022 and FY 2023, so USCIS is U.S. Government that may directly or indirectly
in the fee review: workload and fee- affect this rule. Immigration policy changes
not able to rely on those funds to cover
paying volume. Workload volume is a frequently and USCIS must use the best cost data
the difference between projected projection of the total number of available at a point in time. Initiatives may come
revenue and costs.77 Likewise, USCIS immigration benefit requests that USCIS about without being incorporated in the proposed
estimates that recovered revenue from and final fees simply due to the time required for
will receive in a fiscal year. Fee-paying rule development and finalization. That necessary
prior year obligations will be volume is a projection of the number of shortcoming is ameliorated by the CFO Act
customers that will pay a fee when requirement that DHS address the effects of the
77 In the docket for this proposed rule, the constantly evolving immigration policy
supporting documentation has more information on
filing requests for immigration benefits. environment on its fees, costs, and services every
carryover estimates. See the section titled IEFA Not all customers pay a fee. Those 2 years, as DHS has done through its biennial fee
customers to whom a fee exemption
EP04JA23.016</GPH>
Non-Premium Carryover Projections and Targets. reviews.
statistical volume projections. The VPC Workload volume is a key element used Previous fee reviews also relied on VPC
reviews short- and long-term volume to determine the USCIS resources forecasts.80 DHS explains some of the
trends. In most cases, time series models needed to process benefit requests larger differences in the paragraphs after
provide volume projections by form within established adjudicative Table 7. Values below are the average of
type. Time series models use historical processing goals. It is also the primary 2 years, rounded to whole numbers.
receipt data to determine patterns (such cost driver for assigning activity costs to There may be slight differences because
as level, trend, and seasonality) or immigration benefits and biometric of rounding.
correlations with historical events to services 79 in the USCIS ABC model. BILLING CODE 9111–97–P
forecast receipts. When possible, other,
more detailed models are also used to 79 As fully explained later in this preamble, DHS
80 The FY 2010/2011 fee rule was the first to use
determine relationships within and is removing biometric services as a separate fee in
VPC workload estimates in a fee review. See,
between different benefit request types. this rule, except as associated with an Application
USCIS, FY 2010/2011 Immigration and
At VPC meetings, the committee for Temporary Protected Status and certain other
programs. Accordingly, N/A is included in the Examinations Fee Account Fee Review (June 11,
members deliberate on the provided average annual FY 2022/2023 projected workload 2010), available at https://www.regulations.gov/
forecast, consider alternatives, and agree receipts and difference columns for biometrics in document/USCIS-2009-0033-0007. All subsequent
to a forecast by group consensus. Table 7. fee reviews and fee rules used VPC estimates.
Table 7: Workload Volume Comparison

FY 201612017 Fee FY 202212023 Fee
Review's Average Review's Average
Immigration Benefit Request Annual Projected Annual Projected Difference
Workload Workload
Receipts Receipts
1-90 Application to Replace
810,707 740,000 -70,707
Permanent Resident Card
1-102 Application for
Replacement/Initial
10,143 5,020 -5,123
Nonimmigrant Arrival-
Departure Document
1-129 Petition for a
432,156 568,630 136,474
Nonimmigrant Worker Subtotal:
For H-1 nonimmigrants NIA 430,000 NIA
For H-2A - Named
Beneficiaries
NIA 4,020 NIA
For H-2B - Named
Beneficiaries
NIA 2,460 NIA
For L nonimmigrants NIA 42,350 NIA
For O nonimmigrants NIA 27,300 NIA
Form I-129CW, or Form I-
129 for E & TN, H-3, P, Q, or NIA 40,850 NIA
R Classifications
For H-2A - Unnamed
Beneficiaries
NIA 17,650 NIA
For H-2B - Unnamed
Beneficiaries
NIA 4,000 NIA
I-129F Petition for Alien
45,351 44,700 -651
Fiance(e)
1-130 Petition for Alien Relative 911,349 880,900 -30,449
1-131/1-13 lA Application for
256,622 354,416 97 794
Travel Document Subtotal
1-131 Application for Travel
Document
NIA 329,000 NIA
1-13 1 Refugee Travel
Document for an individual NIA 16,260 NIA
age 16 or older
1-131 Refugee Travel
Document for a child under the NIA 1,157 NIA
age of 16
1-13 lA Application for
Carrier Documentation
NIA 8,000 NIA
1-140 Immigrant Petition for
88,602 140,000 51,398
Alien Worker
I-290B Notice of Appeal or
24,706 36,423 11,717
Motion
1-360 Petition for Amerasian,
Widow(er), or Special 26,428 43,028 16,600
Immigrant
EP04JA23.017</GPH>

FY 2016/2017 Fee FY 2022/2023 Fee
Workload Workload
Receipts Receipts
1-485 Application to Register
Permanent Residence or Adjust 593,717 608,750 15,033
Status
I-526/I-526E Immigrant Petition
by Standalone/Regional Center 14,673 3,900 -10,773
Investor8 1
1-539 Application to
Extend/Change N onimmigrant 172,001 472,000 299,999
Status
I-600/600A; I-800/800A
Intercountry Adoption-Related 15,781 4,447 -11,335
Petitions and Applications
I-600A/I-600 Supplement 3
Request for Action on Approved NIA 60 NIA
Form I-600A/I-600
I-601A Provisional Unlawful
42,724 39,800 -2,924
Presence Waiver
1-687 Application for Status as a
18 1 -17
Temporary Resident
1-690 Application for Waiver of
21 21 0
Grounds oflnadmissibility
1-694 Notice of Appeal of
39 4 -35
Decision
1-698 Application to Adjust
Status from Temporary to
91 20 -71
Permanent Resident (Under
Section 245A of the INA)
1-751 Petition to Remove
Conditions on Residence on 173,000 154,000 -19,000
Permanent Resident Status
I-765 Application for
747,825 1,666,500 918,675
Employment Authorization
I-800A Supplement 3 Request
for Action on Approved Form I- 1,585 933 -653
800A
1-817 Application for Family
2,069 517 -1,552
Unity Benefits
1-824 Application for Action on
an Approved Application or 10,921 10,596 -325
Petition
81 Combines both Forms I–526 and I–526E. USCIS

EP04JA23.018</GPH>
revised Form I–526 and created Form I–526E as a

result of the EB–5 Reform and Integrity Act of 2022.

FY 201612017 Fee FY 202212023 Fee
Workload Workload
Receipts Receipts
1-829 Petition by Investor to
Remove Conditions on 3,562 3,250 -312
Suspension of Deportation or
Special Rule Cancellation of
NIA 385 NIA
Removal
1-910 Application for Civil
609 568 -41
Surgeon Designation
1-929 Petition for Qualifying
Family Member ofa U-1 575 1,150 575
Nonimmil!fant
1-956 Application For Regional
400 62 -338
Center Designation
I-956G Regional Center Annual
882 728 -154
Statement
N-300 Application to File
41 17 -24
Declaration of Intention
N-336 Request for a Hearing on
a Decision in Naturalization 4,666 6,140 1,474
Proceedings
N-400 Application for
830,673 831,700 1,027
Naturalization
N-470 Application to Preserve
Residence for Naturalization 362 138 -224
Purposes
Replacement
28,914 26,900 -2,014
Document
N-600l600K Application for
Certificate of Citizenship 69,723 33,900 -35,823
Subtotal
Certificate of Citizenship
NIA 30,000 NIA
N-600K Application for
Citizenship and Issuance of NIA 3,900 NIA
Certificate Under Section 322
Inadmissibility Waiver Subtotal 71,527 86,210 14,683
1-191 Application for Relief

Under Former Section 212(c)
of the Immigration and
NIA 111 NIA
Nationality Act (INA)
EP04JA23.019</GPH>

FY 2016/2017 Fee FY 2022/2023 Fee
Workload Workload
Receipts Receipts
Advance Permission to Enter NIA 41,481 NIA
as Nonimmigrant
1-193 Application for Waiver
of Passport and/or Visa
NIA 6,815 NIA
Permission to Reapply for
Admission into the U.S. After
NIA 10,693 NIA
Deportation or Removal
of Grounds of Inadmissibility
NIA 19,750 NIA
of the Foreign Residence
Requirement (Under Section NIA 7,360 NIA
212(e) of the INA, as
Amended)
USCIS Immigrant Fee 472,511 543,000 70,489
G-1041 Genealogy Index Search
3,605 10,994 7,389
Request
G-1041A Genealogy Records
2,410 3,301 891
Request
Request for Certificate of Non-
Existence
NIA 4,103 NIA
H-lB Registration Process NIA 273,990 NIA
Subtotal 5,870,989 7,601,200 1,730,211
Biometric Services 3,028,254 NIA NIA
Total 8,899,243 7,601,200 -1,298,043
BILLING CODE 9111–97–C naturalization applicants. USCIS’ Forms I–131 and I–765 relate to a
Differences between the two sets of statistical model uses multiple factors to proposed change to Form I–485 fees and
workload estimates may be unrelated to determine the likelihood of interim benefits. See section VIII.H.1 for
any proposed fee or policy change. As
naturalization of members of the pool of more information. In the FY 2016/2017
mentioned earlier, these estimates are
potential applicants, including the fee review, USCIS determined the
based on historical data, statistical
length of time an individual has been a workload volume for Forms I–765 and
analysis, and subject matter and policy
lawful permanent resident (LPR), as I–131 that are not associated with Forms
input. For example, the Form I–90
well as an individual’s country of I–485 (in other words, interim benefits).
forecast consists of two combined
forecasts: renewals and replacements. origin, visa type, and age. In contrast, See 81 FR 26918 and 73300. The FY
Both Form I–90 forecasts use a time the military naturalization forecast is a 2016/2017 column in Table 7 represents
time series model that does not use
series model that allows for seasonality. only the standalone workload for Forms
As another example, the VPC survival analysis. USCIS evaluates a I–131 and I–765 because all the interim
establishes two Form N–400 forecasts: variety of models and methods to benefit workloads bundled with Form I–
civilian and military. The statistical determine the best forecast for each 485 are counted in the row for Form I–
model that the VPC considers for the workload based on the available data 485. The FY 2022/2023 column of Table
civilian Form N–400 forecast leverages and historical trends. 7 includes workloads for Forms I–131
survival analysis to include individual Some differences in workload are the and I–765 that are either standalone or
microdata and reflects the differences in result of proposed changes, in whole or interim benefits concurrently filed with
application patterns of previous in part. Part of the large differences for Form I–485. Other factors contributed to
EP04JA23.020</GPH>
the differences, such as historical mathematics optional practical training changes, legislation, and executive
trends. There is no biometric services (STEM OPT) extensions. As yet another orders are frequently some of the factors
workload forecast for FY 2022/2023 example, the adoption workload has that affect fee-paying percentages, so
(apart from the TPS workload, as been trending downward for many older historical data to calculate the
discussed in section E.2 below) because years. Comparing only two data points percentages can be counter-productive.
of the proposal to incorporate the cost in Table 7 does not show that the In this proposed rule, USCIS therefore
of providing biometric services in the difference is just the continuation of a referenced revenue and receipts data
underlying form fees, as explained in gradual trend over many years. Finally, from August 2019 to July 2020 for fee-
section VIII.E of this preamble. Table 7 does not represent the entirety paying figures. Total revenue for an
of USCIS workload. It excludes some immigration benefit request is divided
A comparison of the two sets of workloads without fees. For example, by its fee to determine the historical
forecasts, in isolation, may not illustrate asylum and refugee workloads (credible number of fee-paying immigration
USCIS trends in the several years fear, reasonable fear, Forms I–589 and I– benefit requests. Fee-paying receipts are
between fee reviews. For example, when 590) and other humanitarian workloads compared to the total number of receipts
USCIS estimated workload for the FY (for example, Forms I–914 and I–918) (workload volume) to determine a fee-
2016/2017 fee rule, it had been several are excluded from the tables 7 and 8. paying percentage for each immigration
years since receipts for Form I–140 were These omitted workloads are part of the benefit request. When appropriate,
over 100,000. As such, the receipt ABC model so that USCIS can estimate projected fee-paying volume is adjusted
estimate was reasonable at the time and their total cost. However, only fee- to reflect filing trends and anticipated
consistent with receipts from FY 2009 to paying volumes generate revenue for policy changes. These projections
2014. Since FY 2015, Form I–140 USCIS. See section III.C, Full Cost include the effects of changes that DHS
receipts are routinely over 100,000. Recovery, of this preamble for more is proposing in this rule.82 DHS explains
There could be a number of reasons for information. As explained later in this some of the larger differences in the
this change, such as availability of preamble, the proposed fees exclude paragraphs after Table 8. Values below
employment-based visas or increased temporary or uncertain workloads, such are the average of two years, rounded to
demand following economic or policy as TPS and DACA. See sections V.C. whole numbers. There may be slight
changes in the intervening years. As and V.D of this preamble. differences because of rounding.
another example, filing trends for Form
I–539 have changed significantly since b. Fee-Paying Volume BILLING CODE 9111–97–P
the FY 2016/2017 fee rule. The forecast USCIS uses historical revenue and 82 Table 8 compares the projections from the FY
for FY 2022/2023 is based on Student receipt data to determine the number of 2016/2017 fee rule with the projections of the FY
and Exchange Visitor Information individuals who paid a fee for each 2022/2023 fee review. As discussed, these
System data, which included 225,000 immigration or naturalization benefit projections are based on a number of factors,
Form I–539 filings annually beginning request. Fee-paying percentages by form including historical data of actual receipts.
in January 2021. DHS expects the vast are usually steady year over year. USCIS Although the FY 2016/2017 Fee Review differs to
some degree from the actual receipts since the 2016
majority of this workload to be optional uses monthly fee-paying percentages in fee rule, USCIS compares fee projections against
practical training (OPT) and science, its forecasts to capture seasonality each other, rather than against actual receipts, to
technology, engineering, and during the year. Additionally, policy ensure consistency.
Table 8: Fee-Paying Projection Comparison by Fee Review

FY 2016/2017 FY 2022/2023
Fee Review's Fee Review's
Average Average
Immigration Benefit Request Difference
Annual Fee- Annual Fee-
Paying Paying
Projection Projection
1-90 Application to Replace Permanent
718,163 648,758 -69,405
Resident Card
1-102 Application for Replacement/Initial
Nonimmigrant Arrival-Departure 9,499 4,623 -4,876
Document
1-129 Petition for a Nonimmigrant
427,778 568,630 140,852
Worker Subtotal
For H-1 NIA 430,000 NIA
For H-2A - Named Beneficiaries NIA 4,020 NIA
For H-2B - Named Beneficiaries NIA 2,460 NIA
ForL NIA 42,350 NIA
ForO NIA 27,300 NIA
Form I-129CW, or Form 1-129 for E
or TN H-3, P, 0 or R Classifications
NIA 40,850 NIA
H-2A - Unnamed Beneficiaries NIA 17,650 NIA
H-2B - Unnamed Beneficiaries NIA 4,000 NIA
I-129F Petition for Alien Fiance(e) 39,277 41,432 2,155
1-130 Petition for Alien Relative 907,512 857,514 -49,999
EP04JA23.021</GPH>

FY 201612017 FY 202212023
Average Average
Paying Paying
Projection Proiection
I-13 III-13 IA Application for Travel
194,461 279,078 84,617
Document Subtotal
I-13 I Application for Travel Document NIA 253,662 NIA
I-131 Refugee Travel Document for an
individual age 16 or older
NIA 16,260 NIA
I-131 Refugee Travel Document for a
child under the age of 16
NIA 1,157 NIA
I-13 lA Application for Carrier
Documentation
NIA 8,000 NIA
I-140 Immigrant Petition for Alien
88,602 140,000 51,398
Worker
I-290B Notice of Appeal or Motion 20,955 33,803 12,848
I-360 Petition for Amerasian, Widow(er),
8,961 4,107 -4,854
or Soecial Immigrant
I-485 Application to Register Permanent
473,336 572,497 99,161
Residence or Adiust Status
I-526II-526E Immigrant Petition by
14,673 3,900 -10,773
Standalone/Regional Center Investor83
I-539 Application to Extend/Change
171,616 462,380 290,764
Nonimmigrant Status
I-600l600A; I-800l800A Orphan Petitions
5,811 2,438 -3,373
and Applications
I-600A/l-600 Supplement 3 Request for
Action on Approved Form I-600A/l-600
NIA 29 NIA
l-601A Provisional Unlawful Presence
42,724 39,800 -2,924
Waiver
I-687 Application for Status as a
0 I 1
Temoorarv Resident
I-690 Application for Waiver of Grounds
17 21 4
of Inadmissibilitv
I-694 Notice of Appeal of Decision 39 4 -35
I-698 Application to Adjust Status from
Temporary to Permanent Resident (Under 91 20 -71
I-751 Petition to Remove Conditions on
162,533 130,274 -32,260
Residence
I-765 Application for Employment
397,954 1,084,740 686,786

Authorization
83 Combines both Forms I–526 and I–526E. USCIS

EP04JA23.022</GPH>
revised Form I–526 and created Form I–526E as a

result of the EB–5 Reform and Integrity Act of 2022.

FY 201612017 FY 202212023
Average Average
Paying Paying
Proiection Proiection
I-800A Supplement 3 Request for Action
746 448 -298
on Annroved Form I-800A
1-817 Application for Family Unity
1,988 505 -1,483
Benefits
1-824 Application for Action on an
10,828 10,292 -536
Approved Anolication or Petition
1-829 Petition by Investor to Remove
3,562 3,250 -312
Conditions on Permanent Resident Status
1-881 Application for Suspension of
Deportation or Special Rule Cancellation NIA 385 NIA
of Removal
1-910 Application for Civil Surgeon
609 568 -41
Designation
1-929 Petition for Qualifying Family
257 1,027 770
Member of a U-1 Nonimmigrant
1-956 Application For Regional Center
400 62 -338
Designation
I-956G Regional Center Annual
882 728 -154
Statement
N-300 Application to File Declaration of
36 17 -19
Intention
N-336 Request for a Hearing on a
3,593 5,137 1,544
Decision in Naturalization Proceedings
N-400 Application for Naturalization
631,655 693,820 62,165
(including reduced fee)
N-470 Application to Preserve Residence
360 138 -222
for Naturalization purposes
N-565 Application for Replacement
23,491 21,508 -1,983
Naturalization/Citizenship Document
N-600l600K Naturalization Certificate
46,870 18,936 -27,934
Application Subtotal
N-600 Application for Certificate of
NIA 16,041 NIA
Citizenship
N-600K Application for Citizenship
and Issuance of Certificate Under NIA 2,895 NIA
Section 322
Inadmissibility Waiver Subtotal 41,902 44,211 2,309
1-191 Application for Relief Under
Former Section 212(c) of the NIA 111 NIA

Immigration and Nationality Act (INA)
1-192 Application for Advance
NIA 10,954 NIA
Permission to Enter as Nonimmigrant
EP04JA23.023</GPH>

FY 2016/2017 FY 2022/2023
Average Average
Paying Paying
Projection Projection
Passport and/or Visa
NIA 6,772 NIA
1-212 Application for Permission to
Reapply for Admission into the U.S. NIA 7,260 NIA
After Deportation or Removal
Grounds of Inadmissibility
NIA 18,560 NIA
1-612 Application for Waiver of the
Foreign Residence Requirement (Under NIA 554 NIA
Section 212(e) of the INA, as Amended)
USC IS Immigrant Fee 472,511 543,000 70,489
G-1041 Genealogy Index Search Request 3,605 10,994 7,389
G-1041A Genealogy Records Request 2,410 3,301 891
Request for Certificate of Non-Existence NIA 4,103 NIA
H-lB Registration Process NIA 273,990 NIA
Subtotal 4,929,707 6,510,467 1,580,760
Biometric Services 2,598,639 NIA NIA
Grand Totals 7,528,346 6,510,467 -1,017,879
All fee-paying workload is a subset of I–485 fees and interim benefits. See benefits concurrently filed with Form I–
total workload, as discussed in the section VIII.H.1 for more information. In 485. Other factors contributed to the
previous section. As such, changes to the FY 2016/2017 fee review, USCIS differences, such as historical trends.
workload may affect the fee-paying determined the fee-paying volume for There is no workload forecast for
projections. As explained above, USCIS Forms I–765 and I–131 that are not biometric services for FY 2022/2023
estimates fee-paying receipts by associated with Forms I–485. See 81 FR because of the proposed elimination of
applying a percentage of fee-paying 26918 and 73300. The FY 2016/2017 the discrete biometric services fee for
receipts to the workload forecast. For a column in Table 8 represents the most benefit requestors, as explained in
general explanation on how fee-paying forecasted standalone fee-paying section VIII.E of this preamble.
volumes affect fees, see section VI, Fee receipts only for Forms I–131 and I–765 Table 9 is a comparison of fee-paying
Waivers, of this preamble. Some because all interim benefit fee-paying percentages in the FY 2016/2017 fee
differences in fee-paying projections are receipts bundled with Form I–485 are rule and this proposed rule. It divides
the result of proposed changes, in whole counted in the row for Form I–485. See the fee-paying volumes in Table 8 by the
or in part. For example, part of the large 81 FR 26919 and 26924. The FY 2022/ workload volumes in Table 7 to
differences between the past and current 2023 column of Table 8 includes fee- calculate the fee-paying percentages.
projections for Forms I–131 and I–765 paying receipts for Forms I–131 and I– There may be slight differences because
relate to the proposed change to Form 765 that are either standalone or interim of rounding.
EP04JA23.024</GPH>
Table 9: Fee-Paying Percentage Comparison by Fee Review

FY
FY 201612017
202212023
Fee Review's
Immigration Benefit Request Fee Review's Difference
Fee-Paying
Fee-Paying
Percentage
Percentage
1-90 Application to Replace Permanent Resident
89% 88% -1%
Card
1-102 Application for Replacement/Initial
94% 92% -2%
Nonimmigrant Arrival-Departure Document
1-129 Petition for a Nonimmigrant Worker
99% 100% 1%
Subtotal
ForH-1 NIA 100% NIA
For H-2A - Named Beneficiaries NIA 100% NIA
For H-2B - Named Beneficiaries NIA 100% NIA
ForL NIA 100% NIA
ForO NIA 100% NIA
Form l-129CW, or Form 1-129 forE or TN,
NIA 100% NIA
H-3, P, Q, or R Classifications
H-2A- Unnamed Beneficiaries NIA 100% NIA
H-2B - Unnamed Beneficiaries NIA 100% NIA
l-129F Petition for Alien Fiance(e) 87% 93% 6%
1-130 Petition for Alien Relative 100% 97% 3%
1-131/1-13 lA Application for Travel Document
76% 79% 3%
Subtotal
EP04JA23.025</GPH>

FY
FY 201612017
202212023
Fee Review's
Fee-Paying
Fee-Paying
Percentage
Percenta2e
1-131 Application for Travel Document NIA 77% NIA
1-13 1 Refugee Travel Document for an
individual age 16 or older
NIA 100% NIA
1-131 Refugee Travel Document for a child
under the age of 16
NIA 100% NIA
1-13 lA Application for Carrier
Documentation
NIA 100% NIA
1-140 Immigrant Petition for Alien Worker 100% 100% 0%
1-290B Notice of Appeal or Motion 85% 93% 8%
1-360 Petition for Amerasian, Widow(er), or
34% 10% -24%
Special Immigrant
1-485 Application to Register Permanent
80% 94% 14%
Residence or Adjust Status
I-526/l-526E Immigrant Petition by
100% 100% 0%
Standalone/Regional Center Investor
1-539 Application to Extend/Change
100% 98% -2%
Nonimmigrant Status
I-600l600A; I-800l800A Orphan Petitions and
37% 55% 18%
Applications
I-600A/l-600 Supplement 3 Request for Action
on Approved Form I-600A/l-600
NIA 48% NIA
I-601A Provisional Unlawful Presence Waiver 100% 100% 0%
1-687 Application for Status as a Temporary
Resident
NIA 100% NIA
1-690 Application for Waiver of Grounds of
81% 100% 19%
Inadmissibility
1-694 Notice of Appeal of Decision 100% 100% 0%
1-698 Application to Adjust Status from
Temporary to Permanent Resident (Under 100% 100% 0%
1-751 Petition to Remove Conditions on
94% 85% -9%
Residence
I-765 Application for Employment
53% 65% 12%
Authorization
I-800A Supplement 3 Request for Action on

47% 48% 1%
Approved Form I-800A
1-817 Application for Family Unity Benefits 96% 98% 2%
EP04JA23.026</GPH>

FY
FY 2016/2017
2022/2023
Fee Review's
Fee-Paying
Fee-Paying
Percentage
Percenta2e
1-824 Application for Action on an Approved
99% 97% -2%
Application or Petition
1-829 Petition by Investor to Remove Conditions
100% 100% 0%
on Permanent Resident Status
1-881 Application for Suspension of Deportation
NIA 100% NIA
or Special Rule Cancellation of Removal
1-910 Application for Civil Surgeon Designation 100% 100% 0%
1-929 Petition for Qualifying Family Member of
45% 89% 44%
a U-1 Nonimmigrant
1-956 Application For Regional Center
100% 100% 0%
Designation
I-956G Regional Center Annual Statement 100% 100% 0%
N-300 Application to File Declaration of
88% 100% 12%
Intention
N-336 Request for a Hearing on a Decision in
77% 84% 7%
Naturalization Proceedings
N-400 Application for Naturalization (including
76% 83% 7%
reduced fee)
N-470 Application to Preserve Residence for
99% 100% 1%
Naturalization purposes
N-565 Application for Replacement
81% 80% -1%
N-600/600K Naturalization Certificate
67% 56% -11%
Application Subtotal
N-600 Application for Certificate of
NIA 53% NIA
Citizenship
N-600K Application for Citizenship and
NIA 74% NIA
Issuance of Certificate Under Section 322
Inadmissibility Waiver Subtotal 59% 51% -8%
1-191 Application for Relief Under Former
Section 212(c) of the Immigration and NIA 100% NIA
1-192 Application for Advance Permission to
NIA 26% NIA
Enter as Nonimmigrant
1-193 Application for Waiver of Passport
NIA 99% NIA
and/or Visa
EP04JA23.027</GPH>

FY
FY 201612017
202212023
Fee Review's
Fee-Paying
Fee-Paying
Percentage
Percenta2e
1-212 Application for Permission to Reapply
for Admission into the U.S. After Deportation or NIA 68% NIA
Removal
1-601 Application for Waiver of Grounds of
Inadmissibility
NIA 94% NIA
1-612 Application for Waiver of the Foreign
Residence Requirement (Under Section 212(e) NIA 8% NIA
of the INA, as Amended)
USC IS Immigrant Fee 100% 100% 0%
G-1041 Genealogy Index Search Request 100% 100% 0%
G-1041A Genealogy Records Request 100% 100% 0%
Request for Certificate of Non-Existence NIA 100% NIA
H-lB Registration Process NIA 100% NIA
Subtotal 84% 86% 2%
Biometric Services 86% NIA NIA
Grand Totals 85% 86% 1%
2. Completion Rates represent an average hours per requests, forms, or other services, due to
USCIS completion rates are the completion. In addition to using these the special nature of their processing, as
average hours per adjudication of an data to determine fees, completion rates explained below:
immigration benefit request. They help determine appropriate staffing • I–131A, Application for Carrier
identify the adjudicative time required allocations to handle projected Documentation. In this proposed rule,
to complete (render a decision on) workload. The USCIS Office of DHS anticipates that the Department of
specific immigration benefit requests. Performance and Quality (OPQ), field State (DOS) Bureau of Consular Affairs,
The completion rate for each benefit offices, regional management, and located outside of the United States,
type represents an average. Completion service centers continually review the would process all Form I–131A
rates reflect what is termed ‘‘touch data to capture updates or workload. Thus, USCIS projects it will
time,’’ or the time an employee with implementation of new processes and have no hours or workload for Form I–
adjudicative responsibilities actually ensure continued accuracy. The 131A in FY 2022/2023 and does not
handles the case. This does not reflect continual availability of the information calculate a completion rate for this
‘‘queue time,’’ or time spent waiting, for enables USCIS to update cost proposed rule.
example, for additional evidence or information for each fee review. The • H–1B Registration Process. Before a
supervisory approval. Completion rates completion rates may change between petitioner is eligible to file an H–1B cap-
do not reflect the total processing time fee reviews based on more recently subject petition (including those eligible
applicants, petitioners, and requestors reported hours and counts. Possible for the 20,000-petition advanced degree
can expect to wait for a decision on reasons for completion rate changes exemption), the prospective petitioner
their case after USCIS accepts it. include changes to a form, policy must register electronically through the
USCIS requires most employees who changes, and more recently, effects of USCIS website and have their
adjudicate immigration benefit requests the pandemic. USCIS relied on registration selected. See 84 FR 888 (Jan.
to report adjudication hours and case completion rates before the pandemic to 31, 2019). USCIS does not adjudicate
completions by benefit type. The remove this effect from the fee review. registrations received through the H–1B
reported hours and counts are aggregate When employees who adjudicate registration process because the process
information that does not allow USCIS immigration benefit requests do not is automated.
to estimate effects of individual policy report adjudication hours, USCIS uses • USCIS Immigrant Fee. USCIS does
changes. USCIS calculates completion subject-matter expertise to estimate not adjudicate applications for an
rates by dividing the adjudication hours completion rates. immigrant visa. Rather, individuals
by the number of completions for the USCIS does not list completion rates located outside of the United States
same period. As such, completion rates for the following immigration benefit apply with a DOS consular officer for an
EP04JA23.028</GPH>
immigrant visa. If DOS issues the previous fee rules. See 81 FR 73312– completion rate, as well as workload
immigrant visa, the individual may 73313. TPS designations may be volumes and marginal costs, for Form I–
apply with a Customs and Border terminated under current law or may 821, Application for Temporary
Protection (CBP) officer at a port of decrease due to a reduction in the Protected Status, and associated Form I–
entry for admission to the United States eligible population. Termination of the 765 filings from discussion in this
as an immigrant. This fee represents program, in whole or in part, after the proposed rule. DHS cannot increase the
USCIS’ costs to create and maintain files fees are set would result in unrealized $50 initial statutory registration fee
and to issue permanent resident cards revenue and a commensurate budgetary permitted under INA sec. 244(c)(1)(B) or
(also known as ‘‘Green Cards’’) to shortfall. After the fee schedule is establish a re-registration fee for TPS.
individuals who go through this effective, fees cannot be adjusted until Therefore, to recover some of the costs
process. See 8 CFR 103.7(b)(1)(i)(D) the next fee schedule notice-and- of administering the TPS program,
(Oct. 1, 2020), proposed 8 CFR comment rulemaking. Thus, temporary USCIS will continue to charge the
106.2(c)(3). programs subject to termination based biometric services fee, where required,
• TPS. DHS proposes not to rely on on changed circumstances are generally and the fee for an employment
TPS fee revenue for recovering USCIS’ not included in the fee-setting model. authorization document (EAD), as
operational expenses, consistent with Therefore, USCIS excludes the permitted under 8 U.S.C. 1254b.
Table 10: Completion Rates per Benefit Request (Hours/Completions)

Immi2ration Benefit Request Service-Wide Completion Rate
Credible Fear 84 3.68
G-1041 Genealogy Index Search Request 0.42
G-1041A Genealogy Records Request 1.00
Request for Certificate of Non-Existence 1.07
H-lB Registration Process NIA
1-90 Application to Replace Permanent Resident Card 0.15
1-102 Application for Replacement/Initial Nonimmigrant
0.84
Arrival-Departure Document
1-129 H-lB Nonimmigrant Worker or H-lBl Free Trade 1.53
Nonimmigrant Worker
1-129 H-2A - Named Beneficiaries 2.36
1-129 H-2B - Named Beneficiaries 2.33
1-129 L Nonimmigrant Worker 3.57
1-129 0 Nonimmigrant Worker 2.32
I-129CW, Petition or Application for E, H-3, P, Q, R, or 1.87
TN Nonimmigrant Worker
1-129 H-2A - Unnamed Beneficiaries 0.70
1-129 H-2B - Unnamed Beneficiaries 0.89
I-129F Petition for Alien Fiance(e) 0.91
1-130 Petition for Alien Relative 1.11
1-131 Application for Travel Document 0.29
1-131 Refugee Travel Document 85 0.28
1-13 lA Application for Carrier Documentation NIA
1-140 Immigrant Petition for Alien Worker 1.41
1-191 Application for Relief Under Former Section 212(c) 1.96
of the Immigration and Nationality Act (INA)
1-192 Application for Advance Permission to Enter as 1.46
Nonimmigrant
1-193 Application for Waiver of Passport and/or Visa 0.52
1-212 Application for Permission to Reapply for 1.43
Admission into the U.S. After Deportation or Removal
I-290B Notice of Appeal or Motion 1.50
1-360 Petition for Amerasian, Widow(er), or Special 2.54
Immigrant
1-485 Application to Register Permanent Residence or 2.08
Adiust Status
I-526/I-526E Immigrant Petition by Standalone/Regional 20.69
Center Investor
84 See USCIS, Questions and Answers: Credible questions-and-answers-credible-fear-screening (last by applicant age group. The completion rate here
Fear Screening available at https://www.uscis.gov/ updated July 15, 2015). is for a re-entry permit, a similar travel document.
EP04JA23.029</GPH>
humanitarian/refugees-and-asylum/asylum/ 85 USCIS does not track distinct refugee travel
document completion rates, nor does it track rates

Immigration Benefit Request Service-Wide Completion Rate
1-539 Application to Extend/Change Nonimmigrant Status 0.70
1-589 Application for Asylum and for Withholding of 5.02
Removal
T-590 Registration for Classification as Refugee 1.29
I-600/600A; I-800/800A Orphan Petitions and 2.14
Applications
I-600A/I-600 Supplement 3 Request for Action on 2.03
Approved Form I-600A/I-600
1-601 Application for Waiver of Grounds of 2.06
Inadmissibilitv
T-601 A Provisional Unlawful Presence Waiver 2.76
1-612 Application for Waiver of the Foreign Residence 0.69
Requirement (Under Section 212(e) of the INA, as
Amended)
1-687 Application for Status as a Temporary Resident 3.01
Under Section 245A of the INA
1-690 Application for Waiver of Grounds of 2.04
Inadmissibilitv
1-694 Notice of Anneal of Decision 2.62
1-698 Application to Adjust Status from Temporary to 3.91
Permanent Resident (Under Section 245A of the INA)
1-730 Refugee/Asylee Relative Petition (and Travel 1.06
Eligibility)
1-751 Petition to Remove Conditions on Residence 1.54
I-765 Application for Employment Authorization 0.22
I-800A Supplement 3 Request for Action on Approved 2.03
Form T-800A
1-817 Application for Family Unity Benefits 0.88
1-824 Application for Action on an Approved Application 0.88
or Petition
1-829 Petition by Investor to Remove Conditions on 15.86
1-881 Application for Suspension of Deportation or
2.00
Special Rule Cancellation of Removal
1-910 Application for Civil Surgeon Designation 1.37
1-914 T Nonimmigrant Status 4.88
1-918 U Nonimmigrant Status 4.50
1-929 Petition for Qualifying Family Member of a U-1 1.69
Nonimmigrant
1-956 Application For Regional Center Designation 108.50
I-956G Regional Center Annual Statement 4.60
N-300 Application to File Declaration oflntention 1.10
N-336 Request for a Hearing on a Decision in 3.01
Naturalization Proceedings (Under Section 336 of the

INA)
N-400 Aoolication for Naturalization 1.51
EP04JA23.030</GPH>

Immigration Benefit Request Service-Wide Completion Rate
N-470 Application to Preserve Residence for 4.01
Naturalization purposes
N-565 Application for Replacement 0.51
N-600 Application for Certificate of Citizenship 1.16
N-600K Application for Citizenship and Issuance of 1.16
Certificate Under Section 322
Reasonable Fear86 5.30
USCIS Immigrant Fee NIA
multiplied by the projected FY 2022/ • Form I–290B, Notice of Appeal or

BILLING CODE 9111–97–C 2023 fee-paying receipts for each Motion.
immigration benefit type, divided by the • Form I–360, Petition for Amerasian,
3. Assessing Proposed Fees
total fee-paying receipts, is $518. The Widow(er), or Special Immigrant.
Historically, as a matter of policy, model output is the total cost • Form I–600, Petition to Classify
DHS has used its discretion to limit fee determined by the ABC model by fee- Orphan as an Immediate Relative.
increases for certain immigration benefit paying receipts to determine a fee- • Form I–600A, Application for
request fees that would be overly paying unit cost. The sum of the ABC Advance Processing of an Orphan
burdensome on applicants, petitioners, model outputs, multiplied by the Petition.
and requestors if set at ABC model projected FY 2022/2023 receipts for • Form I–600A/I–600, Supplement 3,
output levels. Previous proposed IEFA each immigration benefit type, divided Request for Action on Approved Form
fee schedules referred to limited fee by the fee-paying receipts, is $614. I–600A/I–600.90
increases as ‘‘low volume reallocation’’ There is a $96 or approximate 18 • Form I–612, Application for Waiver
or ‘‘cost reallocation.’’ 87 Despite the two percent difference between the two of the Foreign Residence Requirement
separate phrases, the calculation for averages. These averages exclude fees (Under Section 212(e) of the INA, as
both is the same. In this proposed rule, that do not receive cost reallocation, Amended).
DHS will use the phrase ‘‘cost such as the separate biometric services • Form I–800, Petition to Classify
reallocation.’’ In the FY 2016/2017 fee fee and the proposed genealogy fees. Convention Adoptee as an Immediate
rule, USCIS calculated an 8 percent When DHS proposes to maintain the Relative.
limited fee increase for certain current fee, it affects this calculation. In • Form I–800A, Application for
immigration benefit request fees.88 For those cases, the formula multiplies the Determination of Suitability to Adopt a
this proposed rule, USCIS calculated a current fee by fee-paying receipts Child from a Convention Country.
limited fee increase of approximately 18 instead of using the model output. • Form I–800A, Supplement 3,
percent using a similar methodology as Except for Form I–90 filed online, the Request for Action on Approved Form
the FY 2016/2017 fee rule.89 The 18 estimated volumes are low for the fees I–800A.
percent is approximately the difference that DHS proposes to maintain at the • Form I–881, Application for
between the average current fee current level. As such, if DHS did not Suspension of Deportation or Special
compared to the average ABC model propose to maintain those current fees, Rule Cancellation of Removal.
output. The sum of the current fees, the result would round to 17 percent. • Form I–929, Petition for Qualifying
Thus, DHS has determined that 18 Family Member of a U–1 Nonimmigrant.
• Form N–300, Application to File
86 See USCIS, Questions and Answers:
percent is a reasonable figure at which
Reasonable Fear Screening, available at https://
www.uscis.gov/humanitarian/refugees-and-asylum/ to cap those requests for which USCIS Declaration of Intention.
asylum/questions-and-answers-reasonable-fear- proposes to limit fee increases using the • Form N–336, Request for Hearing
screenings (last updated June 18, 2013). cost reallocation calculation method. on a Decision in Naturalization
87 The FY 2016/2017 proposed fee schedule used
Accordingly, in consideration of the Proceedings.
both phrases. See 81 FR 26915. The FY 2010/2011
and FY 2008/2009 proposed fee schedules used the
need to balance the beneficiary-pays • Form N–400, Application for
phrase ‘‘low volume reallocation.’’ See 75 FR 33461 and ability-to-pay principles and to Naturalization.
and 72 FR 4910, respectively. achieve important policy outcomes (for • Form N–470, Application to
88 The 8-percent increase was the percentage
example, promoting naturalization, Preserve Residence for Naturalization
difference between the current fees and the model funding asylum and other humanitarian
output before reallocation, weighted by fee-paying Purposes.
volume. See 81 FR 73296. The model output is a programs, and making immigration • Form N–600, Application for
projected fee-paying unit cost from the ABC model. benefits affordable and accessible), DHS Certificate of Citizenship.
It is projected total cost divided by projected fee- proposes that the increase in the • Form N–600K, Application for
paying receipts. While each fee review may
calculate a different percentage, the formula for the
following immigration benefit request Citizenship and Issuance of Certificate
calculation remains the same. fees is limited to 18 percent for the Under Section 322.
89 In the docket for this proposed rule, the current fees: The proposed increase of
supporting documentation has more information on • Form I–192, Application for approximately 18 percent may vary
the proposed cost reallocation and the ABC model Advance Permission to Enter as
output. See the Cost Reallocation column of
slightly due to rounding. DHS rounds
Appendix Table 4: Proposed Fees by Immigration Nonimmigrant.
Benefit Request. The docket also includes • Form I–193, Application for Waiver 90 DHS explains the purpose of this proposed
of Passport and/or Visa.

EP04JA23.031</GPH>
documentation for the fee schedule. form in section VIII.N.4 of this preamble.
all IEFA non-premium fees to the • Form I–191, Application for Relief Other Proposed Changes in the FY
nearest $5 increment. Under Former Section 212(c) of the 2022/2023 Fee Schedule.
For many of these form types, DHS Immigration and Nationality Act (INA). Later in this preamble, DHS discusses
and DOJ have a long history of special • Form I–698, Application to Adjust the proposal for separate online and
consideration for these immigration and Status from Temporary to Permanent paper filing fees. See section VIII.G.
naturalization fees. For example, DOJ Resident (Under Section 245A of the DHS bases the proposed separate online
did not change fees for Forms I–290B, INA). and paper fees on ABC model results.
I–360, N–300, N–336, N–470 in the first • Form N–565, Application for When DHS proposes limited fee
IEFA fee rule that used ABC modeling. Replacement Naturalization/Citizenship increases or to continue using the
See 63 FR 1775 (Jan. 12, 1998) at 1784 Document. current fee, the calculation is based on
(proposed rule); 63 FR 43604 (final Some proposed fees are significantly the current fee instead of ABC model
rule). DOJ maintained the prior fee for higher than the current fees. In some results. As such, there are not separate
these forms until it could capture cases, this is because DHS proposes to proposed fees for online and paper
sufficient information for these low (less not limit those fee increases, as it has filing for immigration benefit requests
than 10,000 per year) volume forms to done in the past, for policy reasons, as with limited fee increases or for those
change the fees in a separate explained below. For example, previous held to the current fee.
rulemaking. See 64 FR 69883 (Dec. 15, fee schedules limited the increase for
the immigration benefit requests 4. Funding the Asylum Program With
1999). DHS has a history of setting
associated with Forms I–212, I–601, I– Employer Petition Fees
adoption-related fees lower than the
amount suggested by the fee-setting 601A, and I–765.91 See 81 FR 26915– DHS proposes a new Asylum Program
methodology, as discussed in section 26916. In the FY 2016/2017 fee rule, Fee of $600 to be paid by employers
VIII.N.1 of this proposed rule. DHS also DHS stopped limiting the fee increase who file either a Form I–129, Petition
has a long history of special for inadmissibility waivers like Forms I– for a Nonimmigrant Worker, or Form I–
consideration for naturalization fees, as 212 and I–601. See 81 FR 73306–73307. 140, Immigrant Petition for Alien
discussed in section VIII.F. of this In addition, in this proposed rule, DHS Worker. Proposed 8 CFR 106.2(c)(13).
preamble. proposes not to limit the fee increase to DHS proposes this new fee as a way to
To allow the proposed fee schedule to 18 percent for the following mitigate the scope of the proposed fee
recover full cost, DHS proposes that immigration benefit requests: increases in this rule for individual
other fees be increased to offset the • Form I–601A, Provisional Unlawful applicants and petitioners. DHS has
difference between the projected cost of Presence Waiver; and determined that the Asylum Program
adjudicating these benefit requests and • Form I–765, Application for Fee is an effective way to shift some
the revenue generated by the 18 percent Employment Authorization. costs to requests that are generally
limited fee increase. Similarly, DHS DHS is not proposing to limit the fee submitted by petitioners who have more
proposes that other fees increase to increases for these two immigration ability to pay, as opposed to shifting
offset a projected increase in workloads benefit requests because, if we did, then those costs to all other fee payers. DHS
that are exempt from paying fees or that other proposed fees would have to arrived at the amount of the Asylum
are capped at a fee less than what the increase to recover full cost. For Program Fee by calculating the amount
ABC model indicates. In this proposed example, DHS limited the fee increase that would need to be added to the fees
rule, DHS refers to the process of for Form I–765 in the FY 2016/2017 fee for Form I–129, Petition for a
recovering full cost for workloads rule for humanitarian and practical Nonimmigrant Worker, and Form I–140,
without fees or the shifting of cost reasons. See 81 FR 26916. Many Immigrant Petition for Alien Worker, to
burdens among benefit request fees due individuals seeking immigration collect the Asylum Processing IFR
to other policy considerations as cost benefits face financial obstacles and estimated annual costs.92 See Table 11
reallocation. cannot earn money through lawful for details on the calculation. The
DHS proposes to maintain the current employment in the United States until Asylum Program Fee may be used to
fee for several benefit requests. These they receive an EAD. In this rule, DHS fund part of the costs of administering
proposed fees would have decreased proposes additional fee exemptions the entire asylum program and would be
based on the ABC model results. instead of limiting the proposed fee for due in addition to the fee those
However, DHS proposes to maintain the Form I–765. If DHS were to propose petitioners would pay using USCIS’
current fees. This will allow these forms limited fee increases for all of the standard costing and fee calculation
to fund some of the costs of other forms immigration benefit request fees that methodologies.
and may limit the fee increase suggested were limited in the FY 2016/2017 fee BILLING CODE 9111–97–P
by the fee calculation model for those rule, then some proposed fees could
other forms. In this proposed rule, DHS increase by as much as $2,855, with the 92 DHS notes that in section V.A.2.c of this
proposes to not change the following average of those changes being an preamble it identified the costs of the Asylum
fees: increase of $79 per immigration benefit Processing IFR as averaging $425.9 million annually
request. The rationale for some of these over FY 2022/2023. That figure represents the
• Form I–90, Application to Replace estimated costs that are directly attributable to the
proposed changes is further discussed
Permanent Resident Card when filed implementation of that rule. DHS divided this cost
later in the preamble. See section VIII, estimate by the estimated fee-paying volume for
online.
Forms I–129 and I–140 to determine the $600
• Form I–131A, Application for 91 See section VIII.F, Naturalization and Asylum Program Fee. Calculation: $425,900,395/
Travel Document (Carrier Citizenship-Related Forms (discussion on the 708,630 = $601.02. DHS rounded to the nearest $5,
Documentation). proposed naturalization fees). consistent with other proposed fees.
Table 11: Asylum Program Fee Calculation

Estimated Costs
Asylum Processing IFR Costs Total Estimated Cost
(150K)
Asylum Processing IFR (150K) Cost Estimate FY 2022 $438,200,000
Asylum Processing IFR (150K) Cost Estimate FY 2023 $413,600,790
Two-year Average $425,900,395
Estimated Fee-Paying Receipts

Immigration Benefit Requests Projected Fee-Paying
Receipts
1-129 Petition for a Nonimmigrant Worker Subtotal 568,630
For H-1 nonimmigrants 430,000
For H-2A - Named Beneficiaries 4,020
For H-2B - Named Beneficiaries 2,460
For L nonimmigrants 42,350
For O nonimmigrants 27,300
Form I-129CW, or Form 1-129 for E & TN, H-3, P, Q, or R 40,850
Classifications
For H-2A - Unnamed Beneficiaries 17,650
For H-2B - Unnamed Beneficiaries 4,000
1-140 Immigrant Petition for Alien Worker 140,000
Employment-based Petition Total 708 630
Asylum Program Fee Calculation

Estimated cost divided by estimated fee-paying receipts $601
Asylum Program Fee (above row rounded to nearest $5) $600
Asylum Program Fee Estimated Revenue (above row multiplied by $425,178,000
fee-paying receipts)
BILLING CODE 9111–97–C non-premium fees are related. Each fee processing fees that petitioners may pay
This Asylum Program Fee adds a fee helps recover the cost of work without for these immigration benefit requests.93
for Form I–129 and Form I–140 fees (Forms I–589, I–590, I–914, I–918,
petitioners of $600 while maintaining etc.) or work with fees that do not 93 Most petitioners using Forms I–129 and I–140
lower proposed fees for other may request expedited processing for an additional
recover full cost (Forms N–400, I–600, $2,500 or $1,500 premium processing fee. See
immigration benefit requestors than I–800, etc.). If Forms I–129 and I–140 USCIS, I–907, Request for Premium Processing
would be proposed if the costs were recover more of those costs, then that Service, https://www.uscis.gov/i-907 (last updated
spread among all other fee payers. For means other forms need not recover as Sep. 30, 2021). Certain H–1B and L petitions may
example, charging the Asylum Program have to pay up to $6,000 in additional statutory
much, resulting in lower proposed fees fees, which DHS is unable to adjust. USCIS does not
Fee only to employer petitions reduces for Forms I–485, I–765, and others that keep most of the revenue of these fees. CBP receives
the proposed Form I–485 fee by $170 recover more than full cost in this 50 percent of the $4,000 9–11 Response and
compared to a fee schedule without the proposal. Table 12 shows the proposed
Biometric Entry-Exit fee and the remaining 50
cost shift. Similarly, the proposed fee to percent is deposited into the General Fund of the
IEFA non-premium fees for Forms I–129 Treasury. USCIS retains 5 percent of the $1,500 or
file Form I–765 on paper is $70 less
and I–140, including the Asylum $750 American Competitiveness and Workforce
than it would be absent the proposed Improvement Act (ACWIA) fee. The remainder goes
Asylum Program Fee. The proposed fees Program Fee. The table excludes to the Department of Labor and the National
for Forms I–485, I–765, and others are additional statutory or premium- Science Foundation. USCIS keeps one third of the
$500 Fraud Detection and Prevention fee, while the
lower in a scenario with the shift of remainder is split between the Department of State
asylum program costs to employers and the Department of Labor. These statutory fees
through the new fee because all IEFA
EP04JA23.032</GPH>
are in addition to the current Form I–129 fee of
Table 12: Proposed IEFA Non-Premium Fees for Forms 1-129 and 1-140
Total
Asylum
Immigration Benefit Request Proposed Fee Proposed
Program Fee
Fee
1-129 Petition for a Nonimmigrant Worker
For H-lB $780 $600 $1,380
For H-2A - Named Beneficiaries $1,090 $600 $1,690
For H-2B - Named Beneficiaries $1,080 $600 $1,680
ForL $1,385 $600 $1,985
ForO $1,055 $600 $1,655
Form I-129CW, or Form 1-129 for E or
$1,015 $600 $1,615
TN, H-3, P, Q or R Classifications
H-2A - Unnamed Beneficiaries $530 $600 $1,130
H-2B - Unnamed Beneficiaries $580 $600 $1,180
1-140 Immigrant Petition for Alien Worker $715 $600 $1,315
BILLING CODE 9111–97–C each form to reallocate the cost of well as farms, small businesses, and
The proposed $600 Asylum Program limited fee increases or workload individuals. DHS appreciates that non-
Fee would apply to all fee-paying without fees.’’); 75 FR 58973 (Stating, profit or small entities may not have the
receipts for Forms I–129, I–129CW, and ‘‘To the extent not supported by same level of financial resources as
I–140. For example, it would apply to appropriations, the cost of providing many large, for-profit corporations that
all initial petitions, changes of status, free or reduced services must be also submit petitions for foreign
and extensions of stay that use Form I– transferred to all other fee-paying workers. In our Small Entity Analysis
129. applicants.’’); 72 FR 29865 (stating, ‘‘As
DHS acknowledges that the scope of (SEA) for this proposed rule, we provide
with any other waiver, the loss of that samples of the I–129 and I–140 forms,
the proposed fee increases in this rule
fee revenue would necessarily be spread and how the fees may impact the small
is significant. DHS proposes this cost
across all other benefit applications and entities with the Asylum Program Fee.
shifting approach with the Asylum
Program Fee to place greater emphasis petitions, having the potential to Within the SEA, DHS determined the
on the ability-to-pay principle for increase those fees.’’). After considering average impacts to employers who file
determining user fees. Petitioners for the impact on all of the fees calculated a petition based on their total revenue
immigrant and nonimmigrant workers by the model, DHS is proposing that the and profits. For Form I–129,
generally are required to have the Asylum Program Fee for Forms I–129 approximately 90 percent of the small
resources necessary to pay the worker(s) and I–140 is the appropriate place to entities in the sample experienced an
for whom the petition is filed, and the shift some of the costs of the asylum. economic impact of less than 1 percent
fees that the employer must pay USCIS DHS does not propose this Asylum of their reported revenue. For Form I–
to file a petition are not significant Program Fee without having carefully 140, approximately 98 percent of the
compared to even a small 94 petitioner’s considered its implications and effects. small entities in the sample experienced
revenue and profit. That determination DHS realizes that some petitioners will an economic impact of less than 1
is not changed by the proposed Asylum object to funding the costs of USCIS- percent of their reported revenue.
Program Fee. administered programs to which they USCIS acknowledges that those small
DHS considered proposing to transfer have no connection or from which they entities with greater than 1 percent
the costs of other humanitarian receive no direct benefit. DHS is impact may file fewer petitions as a
programs, such as the T, U, VAWA, SIJ, committed to reducing barriers and result of this proposed rule. As
and refugee programs, to those who file promoting accessibility to immigration previously indicated, the success of the
benefit requests that may be able to benefits, and knows that the USCIS fee model and this rulemaking in
better afford to pay fees. DHS beneficiaries of Forms I–129 and I–140 generating the necessary revenue
recognizes, however, that we have fuel our economy, contribute to our arts, depends on the filing volumes not
always spread costs of free services that culture, and government, and have falling short of those projected herein.
USCIS provides across all other fee- helped the United States lead the world At the same time, USCIS is charged with
paying requests in the past and we have in science, technology, and innovation. administering the asylum program using
never directly transferred the costs of DHS is also aware that Forms I–129 and fee revenue and must make considered
one program to another. See, e.g., 85 FR I–140 are submitted by non-profit judgments about how to fund it using
46869 (stating, ‘‘For the fees that DHS entities, organizations performing available and appropriate means.
does not limit, we use the total cost for research for government agencies, as Balancing both of those goals, and
$460 and optional premium processing fee. See forms/h-and-l-filing-fees-form-i-129-petition- Analysis for the FY22/23 U.S. Citizenship and
USCIS, H and L Filing Fees for Form I–129, Petition nonimmigrant-worker (last updated Feb. 20, 2018). Immigration Services Fee Schedule Proposed Rule
94 Small is defined by U.S. Small Business
for a Nonimmigrant Worker, https://www.uscis.gov/ in Supporting Documents.
EP04JA23.034</GPH>
Administration Guidelines. See Small Entity
considering the resources of the Form I– program eligibility is subject to the that 573,563 individuals will request
129 and I–140 filing communities, DHS discretion of the Department. Because either initial or renewal DACA.97
decided to propose this surcharge. DHS the future of these programs is difficult However, on October 5, 2022, the U.S.
will re-evaluate the Asylum Program to predict, as discussed later in this Court of Appeals for the Fifth Circuit
Fee based on the status of the Asylum section, USCIS has excluded the cost affirmed, in part, a July 2021 decision of
Processing IFR and any funding and workload of these programs from the U.S. District Court for the Southern
appropriated for it when DHS develops the fee review and does not propose to District of Texas declaring the 2012
its final fee rule. allocate overhead and other fixed costs DACA policy unlawful, but remanded
to these workload volumes. This the case to the District Court for further
C. Exclusion of Temporary or Uncertain
mitigates an unnecessary revenue risk. consideration of the recently published
Programs
In other words, if DHS established the DACA final rule.98 TPS volumes can
As stated in section V.B.1.b. of this USCIS fee schedule based on revenue vary significantly by fiscal year. In FY
preamble, the success of the fees from these programs, and the eligible 2022, USCIS collected approximately
established by this rulemaking in programs diminish or cease to exist, $5.6 million in revenue for Form I–821,
providing the funding necessary to USCIS will not realize the projected and USCIS forecasts 626,770 receipts for
sustain USCIS service levels depends on revenue and would not have enough Form I–821 in FY 2023. Nevertheless,
the projected volume of fee-paying revenue to recover full cost of overhead DHS cannot predict the disasters or
requests filed after this rule takes effect and other fixed costs. USCIS analyzes crises that lead to new TPS
being at or near the level projected. If a variable unit costs associated with designations. DHS can reliably predict
program is ended, is partially curtailed, processing these benefit types and uses TPS renewals if existing designations
or substantially declines, USCIS is at volume forecasts to exclude their costs are not terminated; however, renewals
risk of not achieving the projected and from the fee review budget and ABC are often on an 18-month cycle that does
necessary revenue. Therefore, USCIS model. not align with Federal fiscal years.
excludes from the fee calculation model All fee revenue deposited into the Including volume forecasts that are so
the costs and revenue associated with IEFA is pooled and collectively used to variable by fiscal year may result in
programs that are temporary by finance USCIS operations including inaccurate fee calculations, especially
definition or where it is possible that DACA, TPS, and other temporary over a long term. As such, DHS
the program will diminish or cease to programs. USCIS also responds to determined that including temporary or
exist. This exclusion includes Form I– surges in customer demand for services uncertain programs in the fee structure
821, Application for Temporary would exceed an acceptable level of risk
by realigning resources to cover the cost
Protected Status, and Form I–821D, for the success of this fee rule. Adding
of processing. Consequently, USCIS is
Consideration of Deferred Action for TPS and DACA costs, volumes, and
capable of funding these programs even
Childhood Arrivals, as well as the Form revenue to the fee review would lower
though their costs are not included in
I–765 filings and biometrics fees the fee for Form I–765 if its fee is
the fee review budget or ABC model. By
associated with both programs. calculated to recover full cost. However,
DHS excludes projected revenue from excluding programs that are temporary
by nature, DHS maintains the integrity if a certain country’s TPS designation is
expiring or temporary programs in terminated or if DACA ceases, basing
setting the fees required to support of the ABC model, better ensures
recovery of full costs, and mitigates the Form I–765 fee on that projected
baseline operations due to the value leaves USCIS at a risk of not
uncertainty associated with such revenue risk from unreliable sources.
This approach is consistent with achieving projected revenue and the
programs. For example, the Secretary objectives of this proposed rule. Thus,
may designate a foreign country for TPS prevailing guidance on the subject as
stated by Principle 6 of the Government consistent with four previous fee rules,
due to conditions in the country that DHS proposes to exclude from this rule
temporarily prevent the country’s Accountability Office (GAO) Greenbook,
Standards for Internal Control in the the costs and revenue from programs
nationals from returning safely, or in that are susceptible to large reductions
certain circumstances where the country Federal Government (‘‘The
Greenbook’’).95 Principle 6 provides in filing volume.
is temporarily unable to adequately
handle the return of its nationals. TPS, guidance on objectives and risks and D. Consideration of DACA Rulemaking
however, is a temporary benefit, and advises managers to determine the On August 30, 2022, DHS published
TPS designations may be terminated. acceptable level of variation in a final rule, Deferred Action for
See INA sec. 244(b)(3)(B), 8 U.S.C. performance relative to the achievement Childhood Arrivals, 87 FR 53152
1254a(b)(3)(B). Likewise, DACA allows of objectives. For example, in FY 2020, (DACA rule). DHS has considered this
certain individuals who meet specific there were 647,278 active DACA rule and the DACA rule’s possible
guidelines to request consideration of recipients. See 86 FR 53785. DHS effects on each other when developing
deferred action from USCIS for a estimates that there will be 720,093 this proposed rule. Because the specific
specified period unless terminated. active DACA recipients in FY 2023.96 If costs and revenue associated with
DACA is an administrative exercise of DHS were to include the DACA DACA are not separately identified in
enforcement discretion and is renewals in the fee review, it would be this proposed rule, each rule is
implemented at the discretion of DHS, one of the larger populations. For
given that it has insufficient resources to example, in FY 2023, USCIS estimates 97 87 FR 53277 (Aug. 30, 2022).
enforce the immigration laws against 95 The Green Book sets internal control standards
98 Texas v. United States, 50 F.4th 498 (5th Cir.
every noncitizen without lawful 2022). The Fifth Circuit, however, preserved the
for Federal entities. Internal control is a process partial stay issued by the district court in July 2021
immigration status. Because DACA is used by management to help an entity achieve its (Texas v. United States, 549 F. Supp. 3d 572, 624
temporary act of enforcement discretion objectives, run its operations efficiently and (S.D. Tex. 2021) while the case is on remand to the
and may be terminated, it is excluded effectively, report reliable information about its District Court for further proceedings regarding the
operations and comply with applicable laws and new DACA rule. While the stay remains in place,
from this fee review, as discussed regulations. See GAO, Standards for Internal current grants of DACA and related Employment
further in the next section. Control in the Federal Government (Sep. 10, 2014), Authorization Documents are valid. USCIS will
DHS excludes the costs and revenue https://www.gao.gov/products/gao-14-704g. accept and process renewal DACA requests but not
associated with these programs because 96 87 FR 53275 (Aug. 30, 2022). process initial DACA requests.
independent and DHS estimates that the authorization, but the actual online when implemented, reduce the amount
DACA rule will have no effects on this request would not necessarily contain of adjudication officer time required, on
rule or vice versa. The DACA rule form numbers corresponding to each average, per case. Any improvements in
interacts with this rule only to the separate request. these completion rates would, all else
extent that the DACA rule established Similarly, USCIS may determine that equal, reduce the number of staff and
an $85 fee for Form I–821D at 8 CFR efficiency would be improved by financial resources USCIS requires.
106.2(a)(38) and this rule proposes to breaking a paper form into separate Furthermore, USCIS is actively striving
move that fee to 8 CFR 106.2(a)(49). paper forms. For instance, USCIS could to use its existing workforce more
separate Form I–131, Application for efficiently, by investigating ways to
E. Fee-Related Issues for Consideration Travel Document, into a separate form devote a greater share of adjudication
DHS identified a number of issues and form number each for advance officer time to adjudications, rather than
that do not affect the FY 2022/2023 fee parole, humanitarian parole, refugee administrative work. All else being
review but do merit some discussion. travel documents, or re-entry permits. In equal, increasing the average share of an
DHS does not propose any changes this example, USCIS could continue to officer’s time spent on adjudication (that
related to the issues discussed in this charge the current Form I–131 fee for is, utilization rate) would increase the
section. USCIS may discuss these issues each separate form. This structure number of adjudications completed per
in future biennial fee reviews or in permits USCIS to change forms more officer and reduce USCIS’ overall
conjunction with other USCIS fee rules. easily without having to perform a new staffing and resource requirements.
To better inform this and future fee- fee review each time the agency chooses USCIS based its fee review largely on
setting policies and rules, DHS to do so. existing data that do not presume the
welcomes comments on all facets of the outcome of these initiatives. USCIS
FY 2022/2023 fee review, this proposed 2. Processing Time Outlook
cannot assume significant efficiency
rule, and USCIS fees in general, As discussed in the Projected Cost
gains in this rule, in advance of such
regardless of whether changes have been and Revenue Differential section of this
efficiency gains being measurably
proposed here. preamble, USCIS anticipates having
realized. Establishing more limited fees
insufficient resources to process its
1. Accommodating E-Filing and Form to account for estimated future
projected workload absent this fee rule.
Flexibility efficiency could result in a deficient
For FY 2022/2023, USCIS estimates that
DHS attempts, as it did in the FY funding, and USCIS would not be able
backlogs will continue to grow in the
2010/2011 fee rule, FY 2016/2017 fee to meet its operational requirements. In
absence of additional resources.
rule, and the 2020 fee rule, to propose contrast, if USCIS ultimately receives
Although USCIS has implemented
fees based on form titles instead of form the resources identified in this proposed
measures to reduce the backlog as
numbers to avoid prescribing fees in a described in section IX.C., USCIS net rule and subsequently achieves
manner that could undermine the processing backlogs have grown from significant efficiency gains, this could
adoption by USCIS of electronic approximately 1.4 million cases in result in backlog reductions and shorter
processing. See proposed 8 CFR part December 2016, when DHS last adjusted processing times. Those efficiency
106. Form numbers are included for IEFA non-premium fees, to improvements would then be
informational purposes but are not approximately 8.0 million cases at the considered in future fee reviews.
intended to restrict the ability of USCIS As explained in the FY 2022/2023
end of September 2021.99 On top of
to collect a fee for a benefit request that Cost Projections section of this
these pre-existing strains on USCIS, the
falls within the parameters of the COVID–19 pandemic constrained USCIS preamble, projected workloads for FY
adjudication for which the fee is adjudication capacity by limiting the 2022 and FY 2023 exceed current
published. DHS has worked for over a ability of USCIS to schedule normal processing capacity. Therefore, USCIS
decade to remove unnecessary volumes of interviews and biometrics requires additional resources and staff
administrative and procedural appointments while maintaining social to increase its processing capacity to
provisions from title 8 of the CFR so as distancing standards, contributing to the match projected receipt volumes and
not to face restrictions such as using a backlog. Further, USCIS believes that ensure that backlogs do not continue to
certain form number for a benefit the growing complexity of case grow. Through the adjustments to the
request codified with the force of law. adjudications in past years, including fee schedule proposed in this rule,
As USCIS modernizes its processes and prior increases in the number of USCIS expects to collect sufficient fee
systems to allow more applicants, interviews required and request for revenue to fund additional staff who
petitioners, and requestors to file benefit evidence (RFE) volumes, has will support the estimated FY 2022/
requests online, the agency may collect contributed to higher completion rates 2023 processing capacity requirements.
fees for immigration benefit requests and growing backlogs. See section While USCIS is committed to reducing
that do not have a form number or do V.B.2, Completion Rates. processing times and the current
not have the same form number as USCIS is reviewing its adjudication backlog, DHS will not compromise the
described in regulations. This could and administrative policies to find integrity of the immigration system and
occur, for example, if USCIS developed efficiencies, while strengthening the safeguarding national security.
an online version of a request that integrity of the immigration system. VI. Fee Waivers
individuals often submit with This entails evaluating the utility of
A. Background
applications for employment interview requirements, biometrics

authorization. In this situation, USCIS submission requirements, RFEs, The fee-setting authority in INA sec.
may find it best to consolidate the two deference to previous decisions, and 286(m), 8 U.S.C. 1356(m), states that
requests without separately labeling the other efforts that USCIS believes may, ‘‘[f]ees for providing adjudication and
different sections related to the relevant naturalization services may be set at a
99 See USCIS, Number of Service wide Forms By
form numbers. DHS would still collect level that will ensure recovery of the
Quarter, Form Status, and Processing Time Fiscal
the required fee for the underlying Year 2021, Quarter 4, https://www.uscis.gov/sites/
full costs of providing all such services,
immigration benefit request as well as default/files/document/data/Quarterly_All_Forms_ including the costs of similar services
the request for employment FY2021Q4.pdf (last visited Jan. 11, 2022). provided without charge to asylum
applicants or other immigrants. Such a fee waiver in accordance with the fee USCIS Policy Manual Alert, Fee
fees may also be set at a level that will waiver guidance.101 Submission of Benefit Requests, PA
recover any additional costs associated DHS has always implemented fee 2019–06 (October 25, 2019).106 This
with the administration of the fees waivers for USCIS applicants based on guidance was effective December 2,
collected.’’ That provision does not need, and since 2007, has rejected the 2019. Form I–912 was updated and
require that USCIS charge a fee for all filing of fee waivers by individuals that submitted for a 30-day comment period
of its services, and it provides that have the financial means to pay on June 5, 2019,107 and subsequently
USCIS may set fees at less than full cost required fees for the status or benefit approved by OMB on October 24,
or provide services for free. DHS has sought. See 72 FR 4912 (Feb. 1, 2007). 2019.108 While the 2019 Fee Waiver
long understood this provision to The William Wilberforce Trafficking Revisions took effect on December 2,
authorize DHS to fund or subsidize Victims Protection Reauthorization Act 2019, the United States District Court
discounted or free USCIS operations of 2008 (TVPRA) 102 requires DHS to for the Northern District of California
through the fees charged to other permit certain categories of applicants preliminarily enjoined them in City of
unrelated filings. DHS has exercised its to apply for fee waivers for ‘‘any fees Seattle, No. 3:19–CV–07151–MMC, on
discretion to provide free services in a associated with filing an application for December 11, 2019. USCIS then reverted
number of ways, such as providing that relief through final adjudication of the to using the previous policy and form.
a fee may be waived for eligible filers adjustment of status.’’ 103 DHS interprets Subsequently, in the FY 2019/2020
upon request, by codifying ‘‘no fee,’’ ‘‘any fees associated with filing an fee review, DHS limited fee waivers in
setting a $0 fee, or simply leaving the application for relief through final the 2020 fee rule to immigration benefit
fee regulations silent and not codifying adjudication of the adjustment of requests for which USCIS is required by
a fee for a particular service that it status’’ 104 to mean that, in addition to law to consider a fee waiver or where
provides. the main immigration benefit request the USCIS Director exercised favorable
Currently, USCIS may waive the fee (such as Form I–360, Petition for discretion. 8 CFR 106.3(a)(1) (Oct. 2,
for certain immigration benefit requests Amerasian, Widow(er), or Special 2020). The 2020 fee rule also limited fee
when the individual requesting the Immigrant, Form I–914, Application for waivers to individuals who have an
benefit is unable to pay the fee. See 8 T Nonimmigrant Status, or Form I–918, annual household income of less than
CFR 103.7(c) (Oct. 1, 2020). To request Petition for U Nonimmigrant Status), 125 percent of the Federal Poverty
a fee waiver, the individual must submit these categories of applicants must have Guidelines (FPG) as defined by the U.S.
a written waiver request for permission the opportunity to request a fee waiver Department of Health and Human
to have their benefit request processed for any form associated with the main Services (HHS). 8 CFR 106.3(c) (Oct. 2,
without payment. Under the current benefit application up to and including 2020). In addition, the USCIS Director’s
regulation, the waiver request must state the adjustment of status application.105 discretion to grant a waiver was limited
the person’s belief that they are entitled to: (1) an individual who had an annual
to or deserving of the benefit requested B. The 2020 Fee Rule Waiver Changes household income at or below 125
and the reasons for their inability to pay As stated in section IV of this percent of the FPG as defined by HHS;
and include evidence to support the preamble, each fee review plans for a (2) was seeking an immigration benefit
reasons indicated. See 8 CFR 103.7(c)(2) certain level of fee waivers, fee for which they were not required to
(Oct. 1, 2020). There is no appeal of the exemptions, and other fee-paying policy submit an affidavit of support under
denial of a fee waiver request. See id. decisions. DHS sets IEFA fees to recover INA sec. 213A, 8 U.S.C. 1183a, or were
However, Form I–912 may be estimated full cost, including the not already a sponsored immigrant as
resubmitted with additional evidence if estimated cost of fee-waived and fee- defined in 8 CFR 213a.1; and (3) was
the fee waiver request is denied. exempt work. Applicants, petitioners, seeking an immigration benefit for
Following the 2010 fee rule, USCIS and requestors who pay a fee cover the which they were not subject to the
also issued guidance to the field to cost of processing their own requests public charge inadmissibility ground
streamline fee waiver adjudications and plus the costs of requests that are fee under INA sec. 212(a)(4), 8 U.S.C.
make them more consistent among exempt, fee waived, or fee reduced. In 1182(a)(4). 8 CFR 106.3(b) (Oct. 2, 2020).
offices and form types nationwide. See prior years, USCIS fees have given The 2020 fee rule required that a person
Policy Memorandum, PM–602– significant weight to the ability-to-pay must submit a request for a fee waiver
0011.1,100 Fee Waiver Guidelines as principle. However, on October 25, on the form prescribed by USCIS. 8 CFR
Established by the Final Rule of the 2019, DHS revised USCIS fee waiver 106.3(d) (Oct. 2, 2020). Finally, the 2020
USCIS Fee Schedule; Revisions to policies and Form 1–912, including by fee rule prescribed the acceptable
Adjudicator’s Field Manual (AFM) requiring fee waiver applicants to use documentation of gross household
Chapter 10.9, AFM Update AD11–26 the revised Form I–912, requiring income that a person submitting a
(Mar. 13, 2011) (‘‘Fee Waiver Policy’’). waiver applicants to submit tax request for a fee waiver must submit. 8
This guidance clarifies what measures transcripts to demonstrate income, and CFR 106.3(f) (Oct. 2, 2020). As noted
of income can be used and the types of not accepting evidence of receipt of a above, the 2020 fee rule was
documentation that are acceptable for means-tested public benefit as evidence preliminarily enjoined before its
individuals to present as demonstration of inability to pay as described (‘‘the effective date.
that they are unable to pay a fee when 2019 Fee Waiver Revisions’’). See As stated in Section IV, DHS has
requesting a fee waiver. In June 2011, determined that the 2020 fee rule’s
USCIS issued the Request for Fee 101 The form and its instructions may be viewed changes to fee waiver and fee exemption
Waiver, Form I–912, which is an at http://www.uscis.gov/i-912. requirements would adversely impact
optional standardized form with 102 See title II, subtitle A, sec. 201(d)(3), Public
instructions that can be used to request Law 110–457, 122 Stat. 5044 (2008); INA sec. 106 Available at https://www.uscis.gov/sites/
245(l)(7), 8 U.S.C. 1255(l)(7). default/files/document/policy-manual-updates/
103 See id. 20191025-FeeWaivers.pdf.
100 USCIS, PM 602.0011.1 (March 13, 2011)
104 See id. 107 See 84 FR 26137 (June 5, 2019).
available at https://www.uscis.gov/sites/default/
files/document/memos/FeeWaiverGuidelines_ 105 Certain USCIS forms are not listed in 8 CFR 108 See OMB Notice of Action available at https://
Established_by_the_Final%20Rule_ 103.7(b) and therefore have no fee. See proposed 8 www.reginfo.gov/public/do/PRAViewICR?ref_

USCISFeeSchedule.pdf. CFR 106.2 for proposed fees. nbr=201910-1615-006#.
the ability of those who may be less able family’s total income is less than the reasons. First, the FPG ensures a
to afford the proposed fees to seek an family’s threshold, then every consistent national standard for income
immigration benefit for which they may individual in that family is considered thresholds as HHS is required to update
be eligible. Therefore, in this rule, DHS to be living in poverty. The official the FPG at least annually, adjusting
is proposing to maintain previous poverty definition uses money income them based on the Consumer Price
regulations for fee waivers and add fee before taxes and does not include Index for All Urban Consumers (CPI–U).
exemptions to address accessibility and capital gains or noncash benefits (public The MFI and other thresholds vary
affordability. DHS acknowledges that benefits).111 The 2020 Poverty greatly by area and require a specific
shifting away from the beneficiary-pays Guidelines for the 48 Contiguous States calculation by state and county and,
approach taken in the 2020 fee rule and and the District of Columbia was accordingly, relying on them would
reverting to the agency’s historical $12,760 for a household of one and increase administrative costs. Second, it
practice of emphasizing the ability-to- $26,200 for a household of four.112 promotes consistency between fee
pay principle allocates costs away from DHS considered the use of other waivers and numerous other Federal
individuals who are exempt from measures of ability to pay for programs that utilize the FPG as an
paying fees or have their fees waived, administration of its fee waiver policies eligibility criterion, including Medicaid.
and results in some fees being higher based on input provided by The MFI is specifically used for HUD
than the estimated cost of providing the stakeholders and due to concerns about benefits and the calculation changes
associated service. Nevertheless, DHS the continued upward trend in the based on the area, so additional
has determined that these proposed fee number and dollar amounts of fee calculations would need to be done in
waiver regulations are reasonable, waivers approved since the three-step order to determine eligibility. Thirdly,
authorized by statute, and consistent eligibility process and Form I–912 were USCIS has used the FPG since putting
with the policy goal of making introduced. For example, besides the the streamlined fee waiver request and
immigration benefits affordable to the FPG and increasing the percentage approval process in place over a decade
public while providing USCIS with reviewed, DHS looked at using the ago, has been effectively used, and its
adequate funding for its services. United States Department of Housing continued use would limit confusion.117
and Urban Development (HUD) Median In addition, DHS believes that the using
C. Inability To Pay Family Income (MFI) 113 estimates. The FPG minimizes confusion for the public
DHS does not propose to change fee median household income for 2020 was and USCIS employees in determining
waiver eligibility based on an inability $67,521 in the United States.114 HUD income thresholds for fee waiver
to pay, and will maintain the 2011 Fee Income Limits calculations include the eligibility. DHS has determined that use
Waiver Policy criteria that established a median family incomes for each area. of the FPG for determining income
streamlined process where USCIS could HUD uses the Section 8 (housing choice thresholds affords consistency for
waive the entire fee and the biometric voucher) program’s Fair Market Rent administering a nationwide benefits
services fee (if applicable) for forms (FMR) 115 area definitions in developing program that other income guidelines
listed in the 8 CFR 103.7(c)(3) (Oct. 1, median family incomes.116 After careful do not, preserves the accessibility and
2020).109 Applicants would still be consideration, DHS proposes to affordability of immigration benefits for
eligible for fee waivers if the form is maintain the use of the FPG for those who are eligible and may be less
listed in proposed 8 CFR 106.3(a)(3) and determining income thresholds for able to afford the proposed fees, and
the applicant demonstrates that they USCIS fee waiver purposes for several does not result in unmanageable levels
meet at least one of the following of unfunded immigration services that
criteria: 111 See How the Census Bureau Measures Poverty,
must be borne by other fees.
• Is receiving a means-tested benefit; available at https://www.census.gov/topics/income-
• Had a household income at or poverty/poverty/guidance/poverty- D. USCIS Director’s Discretionary Fee
measures.html#:∼:text=Poverty%20 Waivers and Exemptions
below 150 percent of the FPG; or Thresholds%3A%20Measure%20
• Is experiencing extreme financial of%20Need,and%20age%20of%20the%20members The FY 2010/2011 fee rule also
hardship, such as unexpected medical (last visited April 19, 2022). authorized the USCIS Director to
bills or emergencies. 112 See Annual Update of the HHS Poverty
approve and suspend exemptions from
The FPG, as annually published by Guidelines (86 FR 3060, Jan 17, 2020), available at
fees or provide that the fee may be
the U.S. Department of Health and https://www.federalregister.gov/documents/2020/
01/17/2020-00858/annual-update-of-the-hhs- waived for a case or class of cases that
Human Services 110 increases the latest poverty-guidelines. is not otherwise provided in the 8 CFR
updated Census Bureau poverty 113 See HHS, Office Of Policy Development And 103.7(c) (Oct. 1, 2020). See 75 FR 58990
thresholds by the relevant percentage Research (Pd&R), Income Limits, available at (Sept. 24, 2010); 8 CFR 103.7(d) (Oct. 1,
change in the Consumer Price Index for https://www.huduser.gov/portal/datasets/il.html
2020). DHS proposes to retain the
All Urban Consumers (CPI–U). Census (last visited 10/26/2021). USCIS fee waiver
eligibility for receipt of a means-tested benefit authority in regulations for the Director
Bureau income thresholds vary by includes through HUD-related housing public of USCIS to provide exemptions from or
family size and composition. If a benefits. waive any fee for a case or specific class
114 See U.S. Census Bureau, Income and Poverty
of cases, if the Director determines that
109 See U.S. Citizenship and Immigr. Servs., U.S. in the United States: 2020 (September 14, 2021)
available at https://www.census.gov/library/ such action would be in the public
Dep’t of Homeland Security, Policy Memorandum,
PM–602–0011.1, ‘‘Fee Waiver Guidelines as publications/2021/demo/p60-273.html (last visited interest and the action is consistent with
Established by the Final Rule of the USCIS Fee 04/19/2022). other applicable law. See 8 CFR 103.7(d)
Schedule; Revisions to Adjudicator’s Field Manual 115 See 24 CFR 888.113 are estimates of 40th
(AFM) Chapter 10.9, AFM Update AD11–26’’ (Mar. percentile gross rents for standard quality units 117 As noted in the FY 2016/2017 fee rule,
13, 2011), https://www.uscis.gov/sites/default/files/ within a metropolitan area or nonmetropolitan estimates of foregone revenue from fee waivers and
document/memos/FeeWaiverGuidelines_ county. See Fair Market Rents (40th Percentile exemptions increased markedly, from $191 million
Established_by_the_Final%20Rule_ Rents) available at https://www.huduser.gov/portal/ in the FY 2010/2011 fee review to $613 million in
USCISFeeSchedule.pdf; AFM Chapter 10.9(b). datasets/fmr.html (last visited 4/19/2022). the FY 2016/2017 Fee Review. See 81 FR 73307.
110 See Annual Update of the HHS Poverty 116 See Methodology for Determining Section 8
Since 2017, the upward trend in the amount of fee
Guidelines (87 FR 3315, Jan 21, 2022), available at Income Limits available at https:// revenue foregone has since subsided. See Appendix
https://www.federalregister.gov/documents/2022/ www.huduser.gov/portal/datasets/il//il21/ V—Fee Waivers of the supporting documentation in
01/21/2022-01166/annual-update-of-the-hhs- IncomeLimitsMethodology-FY21.pdf (last visited 4/ this docket for historical trends from FY 2014 to FY
poverty-guidelines. 19/2022). 2020; the graph excludes the cost of fee exemptions.
(Oct. 1, 2021); proposed 8 CFR 106.3(c). requests. Form I–912 has an estimated D Natural disaster;
Previous USCIS Directors have used this time of completion of one hour and ten D Loss of home (destruction such as
authority to permit fee waivers or minutes, and it provides standardization fire, water, or collapse);
provide fee exemptions for specific that will assist USCIS in review of D Inability to pay basic utilities and
categories and groups of immigrants.118 requests. Because DHS has determined rent or mortgage (payments and bills for
DHS further proposes to maintain the that requiring the form will reduce each month are more than the monthly
current provision’s limitation on the rejections, DHS believes that any added wages);
delegation of this authority to waive or burden is warranted and in the long D Substantial financial losses to a
exempt fees to the Deputy Director. Id. term will assist applicants and limit small business that affect personal
In the 2020 fee rule, DHS had proposed future burdens. income;
to limit the USCIS’ Director’s authority D Victimization;
F. Form and Policy Changes D Divorce or death of a spouse that
to issue fee waivers and exemptions
based on categories of applicants such As discussed in the Paperwork affects overall income; or
as asylee, refugees, national security or Reduction Act section of this rule, DHS D Situations that could not normally
emergencies or natural disasters. See 8 is proposing changes to the information be expected in the regular course of life
CFR 106.3(b) and (e).119 DHS believes collection requirements 121 associated events.
that maintaining the authority for this with Form I–912 to clarify the following Æ A requestor may submit tax returns,
extraordinary relief with the leaders of policies: a W–2, or pay stubs to establish
USCIS will ensure that it is consistently • The burden of proof for inability to household income.
administered and not handled in a way pay is based on a preponderance of the Æ If the requestor has no income due
that could impair USCIS fee revenue or evidence. An officer may grant a request to unemployment, homelessness, or
shift significant costs among benefit for fee waiver in the absence of some of other factors, the requestor may provide,
requests by policy outside of this documentation so long as the as applicable:
rulemaking. available documentation supports that D A detailed description of the
the requestor is more likely than not to financial situation that demonstrates
E. Requirement To Submit Fee Waiver be unable to pay the fee. eligibility for the fee waiver;
Form • A child’s receipt of public housing D Hospital bills, or bankruptcy
In addition, DHS proposes that fee assistance, such as public housing or documents;
waiver requests must be submitted on Section 8, will be acceptable as required D If the requestor is receiving support
the form prescribed by USCIS, Form I– evidence of the parent’s eligibility for a services, an affidavit from a religious
912, Request for Fee Waiver. Proposed fee waiver when the parent resides in institution, non-profit, hospital, or
8 CFR 106.3(a)(2). Currently, requests the same residence. community-based organization verifying
for fee waivers may be made via a • The documentary requirements for the person is currently receiving some
written request submitted with evidence humanitarian categories of fee waiver benefit or support from that entity and
of eligibility. Less than one percent of requestors will include that: attesting to the requestor’s financial
the fee waivers requests are submitted Æ Requestors seeking a fee waiver for situation; or
through a written request instead of any immigration benefit associated with D Evidence of unemployment, such as
Form I–912.120 Some written fee waiver or based on a pending or approved a termination letter or unemployment
requests may be denied because they do petition or application for VAWA insurance receipt.
benefits or T or U nonimmigrant status These proposed policy changes are
not provide sufficient information for
do not need to list the following people aimed at reducing the public burden
USCIS to adjudicate the request. DHS
as household members or provide and clarifying the types of documents
believes that requiring Form I–912 will
income information for: and applicant can provide with the
ensure that the information required to
make a fee waiver determination is D Any person in the household who form. These changes are also responsive
is or was the requestor’s abuser, human to the comments and suggestions
provided and may result in fewer
trafficker, or perpetrator; or provided by the public in the RPI. DHS
rejections due to insufficient or
incomplete requests. D A person who is or was a member believes that making these policy
of the abuser, human trafficker, or changes will provide additional
DHS realizes that requiring the form
perpetrator’s household. guidance to the public on eligibility and
instead of allowing a written statement
Æ Financial hardships that qualify an will clarify requirements for vulnerable
with documentation may be an
applicant for a fee waiver may result populations.
additional burden. Adjudicating ad hoc
from, but are not limited to the
fee waiver requests, however, has G. Request for Comments
following examples:
proven to be difficult for USCIS due to D A medical emergency or DHS welcomes comment on the
the varied quality and information catastrophic illness affecting the proposed changes to additional fee
provided in such standalone letter noncitizen or the noncitizen’s waivers which may include additional
118 For example, See, DHS Announces Fee
dependents; categories of petitioners, applicants or
Exemptions, Streamlined Processing for Afghan D Unemployment; forms.
Nationals as They Resettle in the U.S. (Nov. 8, D Significant loss of work hours and In addition, while DHS proposes no
2021), available at https://www.uscis.gov/ wages (change in employment status); changes to the fee waiver criteria, the
newsroom/news-releases/dhs-announces-fee- D Eviction; Department specifically requests

exemptions-streamlined-processing-for-afghan- D Homelessness; comments on the appropriate level of
nationals-as-they-resettle-in-the-us (last visited 04/
19/2022). An individual is not permitted to D Military deployment of spouse or income that should be used by an
independently submit a request to the USCIS parent; applicant who is unable to pay their fee
Director to exempt or waive a fee. and data to support that suggested level
119 See 85 FR 46920 (Aug 3, 2020). 121 DHS is proposing these policy changes in
120 See the Regulatory Impact Analysis, sec. O,
or measure.
guidance and in in form instructions and not
Fee Waivers, for further discussion. A total of 29 codifying them in this rule as regulations but marks
DHS also welcomes comments on
letters were submitted in lieu of Form I–912 in those changes in the supporting documents in the requiring Form I–912 for all fee requests
2017, .07 percent of the total. docket for the public to review. and on alternatives for reducing
rejections based on lack of information • Form I–360, Petition for Amerasian, • Form I–693, Report of Medical
or documentation with a written Widow(er), or Special Immigrant. DHS Examination and Vaccination Record.
request. proposes no fee for the following: Proposed 8 CFR 106.2(a)(38).
Æ A petition for Special Immigrant • Form I–730, Refugee/Asylee
VII. Fee Exemptions
Juvenile (SIJ) classification, Proposed 8 Relative Petition. Proposed 8 CFR
As stated in section VI.A., DHS may CFR 106.2(a)(16)(iii); and 106.2(a)(41).
provide services for free and fund those Æ A petition for a person who served • Form I–765, Application for
free services with the fees charged to honorably on active duty in the U.S. Employment Authorization. DHS
other, unrelated filings. DHS has armed forces filing under INA sec. proposes that no fee will be charged for
exercised its discretion to provide free 101(a)(27)(K). Proposed 8 CFR an initial EAD for the following:
services by providing that a fee may be 106.2(a)(16)(v). Æ Dependents of certain Government
waived upon request, or by codifying • Form I–361, Affidavit of Financial and international organizations or
‘‘no fee,’’ setting a $0 fee, or not Support and Intent to Petition for Legal NATO personnel. Proposed 8 CFR
codifying a fee for a particular service Custody for Public Law 97–359 106.2(a)(43)(iii)(B).
that USCIS administers. DHS is Amerasian. Proposed 8 CFR Æ N–8 (Parent of noncitizen classified
proposing to maintain fee exemptions 106.2(a)(17). as SK3) and N–9 (Child of N–8)
currently being applied and provide • Form I–363, Request to Enforce nonimmigrants; Proposed 8 CFR
new fee exemptions in this rule as Affidavit of Financial Support and 106.2(a)(43)(iii)(C).
follows. Intent to Petition for Legal Custody for Æ Persons granted asylee status (AS1,
A. Codification of Benefit Requests With Public Law 97–359 Amerasian. AS6). Proposed 8 CFR
No Fees and Exemptions of Certain Proposed 8 CFR 106.2(a)(18). 106.2(a)(43)(iii)(D).
Categories or Classifications From Fees • Form I–407, Record of Æ Citizens of Micronesia, Marshall
Abandonment of Lawful Permanent Islands, or Palau. Proposed 8 CFR
DHS proposes to codify several Resident Status. Proposed 8 CFR 106.2(a)(43)(iii)(E).
longstanding fee exemptions that are 106.2(a)(19). Æ Persons Granted Withholding of
currently provided through policy • Form I–485J, Confirmation of Bona Deportation or Removal. Proposed 8
guidance documents, such as form Fide Job Offer or Request for Job CFR 106.2(a)(43)(iii)(F).
instructions, the USCIS policy manual, Portability Under INA Section 204(j). Æ Applicants for Asylum and
or similar directives, but not in Proposed 8 CFR 106.2(a)(22). Withholding of Deportation or Removal
regulations, including the following: 122 • Form I–508, Request for Waiver of including derivatives. Proposed 8 CFR
• Form I–90, Application to Replace Certain Rights, Privileges, Exemptions, 106.2(a)(43)(iii)(G).
Permanent Resident Card. No fee if the and Immunities. Proposed 8 CFR Æ Taiwanese dependents of Taipei
applicant was issued a card but never 106.2(a)(23). Economic and Cultural Representative
received it, or if the applicant’s card was • Form I–539, Application to Extend/ Office E–1 employees. Proposed 8 CFR
issued with incorrect information Change Nonimmigrant Status for 106.2(a)(43)(iii)(H).
because of DHS error. Proposed 8 CFR nonimmigrant A, G, and NATO and T Æ A Request for replacement EAD
106.2(a)(1)(iv). nonimmigrant. Proposed 8 CFR based on USCIS error. Proposed 8 CFR
• Form I–102, Application for 106.2(a)(25)(iii)(A). 106.2(a)(43)(iv).
Replacement/Initial Nonimmigrant • Form I–566, Interagency Record of Æ For a renewal or replacement EAD
Arrival-Departure Document. No fee for Request—A, G, or NATO Dependent for the following:
initial filings for a nonimmigrant Employment Authorization or Change/ D Dependents of certain foreign
member of the U.S. armed forces, for a Adjustment To/From A, G, or NATO government, international organization,
nonimmigrant member of the North Status. Proposed 8 CFR 106.2(a)(26). or NATO personnel. Proposed 8 CFR
Atlantic Treaty Organization (NATO) • Form I–589, Application for 106.2(a)(43)(v)(B);
armed forces or civil component; for a Asylum and for Withholding of D Citizens of Micronesia, Marshall
nonimmigrant member of the Removal. Proposed 8 CFR 106.2(a)(27). Islands, or Palau. Proposed 8 CFR
Partnership for Peace military program • Form I–590, Registration for 106.2(a)(43)(v)(C); and
under the Status of Forces Agreement; Classification as a Refugee. Proposed 8 D Persons Granted Withholding of
and for replacement for DHS error. CFR 106.2(a)(28). Deportation or Removal. Proposed 8
Proposed 8 CFR 106.2(a)(2)(i) through • Form I–600, Petition to Classify CFR 106.2(a)(43)(v)(D).
(iv). Orphan as an Immediate Relative. DHS • Form I–765V, Application for
• Form I–129CWR, Semiannual proposes no fee for the first Form I–600 Employment Authorization for Abused
Report for CW–1 Employers. Proposed 8 filed for a child based on an approved Nonimmigrant Spouse. Proposed 8 CFR
CFR 106.2(a)(4)(ii). Form I–600A, Application for Advance 106.2(a)(43)(vi) and 8 CFR
• Form I–131, Application for Travel 106.3(a)(3)(iii).
Processing of an Orphan Petition,
Document. Proposed 8 CFR • Form I–800, Petition to Classify
during the Form I–600A approval or
106.2(a)(7)(v). No fees for parole Convention Adoptee as an Immediate
extended approval period. Proposed 8
requests from current or former U.S. Relative, for the first Form I–800 filed
CFR 106.2(a)(29)(i).
armed forces service members. • Form I–601, Application for Waiver for a child based on an approved Form
• Form I–134, Declaration of
of Grounds of Inadmissibility. DHS I–800A, Application for Determination
Financial Support. Proposed 8 CFR
proposes to move the current fee of Suitability to Adopt a Child from a

106.2(a)(9).
exemption for concurrently filing a Convention Country, during the Form I–
122 Application for Commonwealth of the Form I–601 for certain reasons in 8 CFR 800A approval period or extended
Northern Mariana Islands (CNMI) Long-Term 245.1(f) to the fee provision for the Form approval period. Proposed 8 CFR
Resident Status (Form I–955) is not included in this I–601. Proposed 8 CFR 106.2(a)(32). 106.2(a)(44)(i)(A).
list because USCIS only accepted applications for • Form I–602, Application by Refugee • Form I–821, Application for
initial CNMI long-term resident status between
February 19, 2020 and August 17, 2020. As of
for Waiver of Grounds of Temporary Protected Status. There is no
August 17, 2020, USCIS no longer accepts any Inadmissibility. Proposed 8 CFR fee for re-registration. Proposed 8 CFR
Forms I–955. 106.2(a)(34). 106.2(a)(48)(ii).
• Form I–854, Inter-Agency Alien noncitizens applying for certain other Form I–765 but is fee exempt. Derivative
Witness and Informant Record. immigration benefits available to beneficiaries must file Form I–765 and
Proposed 8 CFR 106.2(a)(52). battered spouses and children or for T must submit a fee or fee waiver request.
• Form I–864, Affidavit of Support or U nonimmigrant status. DHS Currently, T nonimmigrants may
Under Section 213A of the INA. interprets this language to mean that, in request fee waivers for all forms up to
Proposed 8 CFR 106.2(a)(53). addition to the main benefit request, and including a Form I–485 and
• Form I–864A, Contract Between individuals must have the opportunity associated forms.127
Sponsor and Household Member. to request a fee waiver for any form In this proposed rule, DHS is
Proposed 8 CFR 106.2(a)(53)(i). associated with the main benefit request proposing to expand fee exemptions for
• Form I–864EZ, Affidavit of Support up to and including the adjustment of all persons seeking or granted T
Under Section 213A of the INA. status application. See 8 CFR nonimmigrant status, including
Proposed 8 CFR 106.2(a)(53)(ii). 103.7(c)(3)(xviii) (Oct. 1, 2020); principals and derivatives, for all forms
• Form I–864W, Request for proposed 8 CFR 106.3(a)(3)(iii). associated with an initial application for
Exemption for Intending Immigrant’s Although DHS is authorized to establish T nonimmigrant status through final
Affidavit of Support. Proposed 8 CFR and collect a fee for that benefit request adjudication of the T nonimmigrant’s
106.2(a)(53)(iii). under INA sec. 286(m), 8 U.S.C. application for adjustment of status to
• Form I–865, Sponsor’s Notice of 1356(m), several humanitarian benefit LPR. See proposed 8 CFR 106.3(b)(2).
Change of Address. Proposed 8 CFR requests have been exempted from fees Applicants for T nonimmigrant status
106.2(a)(53)(iv). because of the humanitarian nature of are a small and especially vulnerable
• Form I–912, Request for Fee these programs and the likelihood that population that has historically
Waiver. Proposed 8 CFR 106.2(a)(58). individuals who file requests in these underused the T visa program; DHS has
• Supplement A to Form I–914, categories will qualify for a fee waiver never come close to reaching the annual
Application for Immigrant Family if they request it.125 DHS is proposing statutory cap of 5,000 visas allocated to
Member of a T–1 Recipient, and to provide additional fee exemptions for principal victims since the creation of
Supplement B to Form I–914, the following humanitarian-based the T visa program. Many T visa
Declaration of Law Enforcement Officer immigration benefit requests under applicants are also eligible for fee
for Victim of Trafficking in Persons. proposed 8 CFR 106.3(b) for the reasons waivers. To encourage eligible victims
Proposed 8 CFR 106.2(a)(59). listed below. These fee exemptions do of trafficking to use the T visa program,
• Supplement A to Form I–918, not impact eligibility for any particular DHS is proposing to expand fee
Petition for Qualifying Family Member form or when an individual may file the exemptions for this population.
of U–1 Recipient, and Supplement B to form. These fee exemptions are in
addition to the forms listed under 2. Victims of Qualifying Criminal
Form I–918, U Nonimmigrant Status Activity (U Nonimmigrants)
Certification. Proposed 8 CFR proposed 8 CFR 106.2 for which DHS
106.2(a)(60). proposes to codify that there is ‘‘no fee.’’ There is no fee for filing Form I–918,
• Form I–942, Request for Reduced Table 13C below provides a summary of Petition for U Nonimmigrant Status;
Fee, requesting a reduced fee for the the categories and the forms eligible for Form I–918, Supplement A, Petition for
naturalization application Form N–400. fee exemptions and fee waivers. In this Qualifying Family Member of U–1
Proposed 8 CFR 106.2(a)(65). proposed rule, DHS estimates that the Recipient; or Form I–918, Supplement B
• Form N–4, Monthly Report on increase in fee exemptions accounts for U Nonimmigrant Status Certification.
Naturalization Papers. Proposed 8 CFR 1 percent of the 40-percent weighted See 8 CFR 103.7(b)(1)(i)(VV) (Oct. 1,
106.2(b)(1). average fee increase.126 2020). DHS proposes to continue having
• Form N–476, Request for no fee for these forms. Proposed 8 CFR
1. Victims of Severe Form of Trafficking
Certification of Military or Naval (T Nonimmigrants) 106.2(a)(60). Principal U nonimmigrants
Service. Proposed 8 CFR 106.2(b)(5). who are in the United States are also
There is no fee for filing Form I–914, currently fee exempt for fees associated
• Form N–644, Application for
Application for T Nonimmigrant Status; with employment authorization when it
Posthumous Citizenship. Proposed 8
Form I–914, Supplement A, Application is issued incident to status and are not
CFR 106.2(b)(10).
for Family Member of T–1 Recipient; required to file Form I–765 to receive an
• Form N–648, Medical Certification
and Form I–914, Supplement B, EAD under 8 CFR 214.14(c)(7). Principal
for Disability Exceptions. Proposed 8
Declaration of Law Enforcement Officer U nonimmigrants outside the United
CFR 106.2(b)(11).
for Victim of Trafficking in Persons;
• Claimant under INA sec. 289. States are fee exempt for fees associated
under former 8 CFR 103.7(b)(1)(i)(UU) with employment authorization issued
Proposed 8 CFR 106.2(c)(9).
(Oct. 1, 2020), and DHS will continue to incident to status once they enter the
B. Proposed Fee Exemptions have no filing fee for these forms under United States and file Form I–765.
The TVPRA 123 requires DHS to proposed 8 CFR 106.2(a)(59). Principal Derivative beneficiaries requesting
permit certain categories of requestors applicants for T nonimmigrant status employment authorization, however,
filing petitions and applications to currently also do not file Form I–765 or must file Form I–765 with the
apply for fee waivers, including for ‘‘any pay a fee when an EAD is requested on appropriate fee or fee waiver request. U
fees associated with filing an Form I–914 and is issued incident to nonimmigrants may also request a fee
application for relief through final status. Any principal applicant who waiver for any forms filed up to and
adjudication of the adjustment of does not request employment including a Form I–485 and associated
status.’’ 124 This provision generally is authorization on Form I–914 must file forms.128
limited to VAWA self-petitioners, as DHS is now proposing to expand fee
125 See, e.g., previous 8 CFR 103.7(b)(1)(i)(UU)
defined in INA sec. 101(a)(51), and exemptions for persons seeking or
and (VV) (codifying no fee for, respectively, the
Application for T Nonimmigrant Status, Form I– granted U nonimmigrant status for all
123 See title II, subtitle A, sec. 201(d)(3), Public 914, and the Petition for U Nonimmigrant Status,
Law 110–457, 122 Stat. 5044 (2008); INA sec. Form I–918). 127 See INA sec. 245(l)(7), 8 U.S.C. 1255(l)(7); 8
245(l)(7), 8 U.S.C. 1255(l)(7). 126 Office of the Chief Financial Officer (OCFO), CFR 103.7(c) (Oct. 1, 2020).
124 See INA sec. 245(l)(7), 8 U.S.C. 1255(l)(7). September 13, 2021. 128 See INA sec. 245(l)(7), 8 U.S.C. 1255(l)(7).
forms filed before filing a Form I–485. are less likely to need a fee exemption with Form I–485, DHS proposes that
Proposed 8 CFR 106.3(b)(5). Form I–765 for filing Form I–485. VAWA self-petitioners be fee exempt for
would only be fee exempt, however, for In addition, USCIS receives a large all forms associated with the Form I–
an initial request under 8 CFR number of petitions for U nonimmigrant 360 filing through final adjudication of
274a.12(a)(19) and (20) and an initial status each year and the cost of the adjustment of status application,
request under 8 CFR 274a.12(c)(14). administering the U nonimmigrant including the filing of Form I–290B. Id.
DHS is proposing that any form program is already largely funded by When a VAWA Form I–360 is filed as
associated with U nonimmigrant status other fee-paying requests. The T a standalone self-petition, however, the
be fee exempt up until the filing of a nonimmigrant program is also funded VAWA self-petitioner would only be fee
Form I–485. A fee would be due (or a by other fee-paying requests, but the exempt for Form I–290B, if filed as a
fee waiver requested) for a U costs of the T program are much lower motion to reopen or reconsider or an
nonimmigrant to file a Form I–485 and because the volume of T-based requests appeal of the Form I–360 denial.
any Form I–929, Petition for Qualifying that USCIS must adjudicate is Proposed 8 CFR 106.3(b)(6)(ii). All
Family Member. The fee exemption for significantly lower. DHS has determined separately filed Form I–485s and
U nonimmigrants would not extend to that extending fee exemptions to the associated forms would require a fee or
the Form I–485, unlike the fee low volume of T nonimmigrants filing fee waiver request. Additionally, only
exemption proposed for a Form I–485 Form I–485 could be absorbed with very initial requests for employment
filed by T nonimmigrants. DHS little impact. In contrast, providing a fee authorization under 8 CFR
acknowledges that, like T exemption for U nonimmigrants filing 274a.12(c)(14) and initial requests under
nonimmigrants, U nonimmigrants are a Form I–485 would result in substantial INA sec. 204(a)(1)(K) for the beneficiary
particularly vulnerable population as adjudication costs being shifted to fee of an approved VAWA self-petition
victims of crimes and may have similar payers because of the much larger would be fee exempt. Requests for
financial resources or employment number of U nonimmigrants who file employment authorization approved
prospects. However, DHS is proposing Form I–485. Thus, while the under INA sec. 204(a)(1)(K) are issued
to treat them differently with regard to populations have many similar as a category (c)(31) EAD. A fee or fee
their respective Form I–485 fees. U characteristics, because of the different waiver request will be required to
nonimmigrants may have a longer time levels of cost shifting required, DHS replace or renew the initial, free EAD.
with work authorization than T decided that the different treatments for For VAWA self-petitioners filing Form
nonimmigrants given the ability of U the Form I–485 fee were justified as I–360, all fee exemptions will also apply
nonimmigrant petitioners to receive proposed in this rule. to derivative beneficiaries. Proposed 8
work authorization as part of the bona CFR 106.3(b)(6).
3. VAWA Form I–360 Self-Petitioners Like T and U nonimmigrants, VAWA
fide determination (BFD) process or and Derivatives
with placement on the waiting list and self-petitioners are a particularly
the lengthy waiting period before a U Violence Against Women Act vulnerable population as victims of
visa becomes available. While some T (VAWA) self-petitioners currently pay abuse and may not have the financial
nonimmigrant applicants may have no fee for filing Form I–360 and would resources or employment authorization
work authorization during the pendency continue to not pay a fee under this needed to pay for fees when initially
of their application pursuant to a grant proposed rule. See 8 CFR 106.2(a)(16)(ii) filing for immigrant classification as
of Continued Presence by U.S. (Oct. 1, 2020); proposed 8 CFR VAWA self-petitioners. When passing
Immigration and Customs Enforcement 106.3(b)(6). VAWA self-petitioners also VAWA, Congress gave individuals the
(ICE), there has not been a BFD process currently are not required to file Form ability to independently seek immigrant
implemented in the T visa program, nor I–765 or pay a fee when employment classification without the abusive U.S.
has a waiting list ever been used. The authorization is requested on Form I– citizen or LPR’s participation or
annual cap of 5,000 visas for the T visa 360. VAWA self-petitioners who do not knowledge. VAWA self-petitioners may
program has also never been met, request employment authorization on still be living with their abuser or may
whereas the annual cap of 10,000 visas Form I–360, however, and all derivative have recently fled their abusive
for the U visa program is consistently beneficiaries must file Form I–765 and relationship when filing the self-
reached. Given current T nonimmigrant submit the fee or request a fee waiver to petition. According to the National
status processing times, which are much obtain employment authorization. Network to End Domestic Violence,
shorter than in the U visa context, the VAWA self-petitioners and derivatives abusers often maintain control over
issuance of T nonimmigrant status may are currently eligible for fee waivers for financial resources to further the abuse,
occur before a U petitioner is issued a any forms filed up to and including a and victims may have to choose
BFD or waiting list-based work Form I–485 and associated forms.129 between staying in an abusive
authorization. Some T nonimmigrants DHS is now proposing to expand fee relationship and poverty and
are also able to adjust much more exemptions for persons seeking or homelessness.131 Therefore, victims of
quickly than a U visa petitioner given granted immigrant classification as abuse may not have access to their
their ability to adjust upon the VAWA self-petitioners. See proposed 8 finances or the financial means to pay
completion of the trafficking CFR 106.3(b)(6). VAWA self-petitioners for fees when filing VAWA Form I–360,
investigation or prosecution if certified and derivatives are eligible to Form I–485, and associated forms. DHS,
concurrently file Form I–360 and Form however, must weigh these difficult
by the U.S. Attorney General. In some

cases, the investigation or prosecution is I–485 if a visa would be immediately considerations against the number of
already complete at the time the available after approval of Form I– VAWA self-petition filings it receives
individual receives T nonimmigrant 360.130 Therefore, when a VAWA Form each year and the transfer of costs to
status, rendering them immediately I–360 is concurrently filed or pending other petitions and applications if these
eligible to adjust status. For all of these 129 See INA sec. 245(l)(7), 8 U.S.C. 1255(l)(7). 131 See ‘‘About Financial Abuse,’’ Nat’l Network
reasons, U nonimmigrants are likely to 130 See INA sec. 204(a)(1)(A)(iii)(II)(cc), (iv), (v), to End Domestic Violence, https://nnedv.org/
have had work authorization much and (vii); 8 U.S.C. 1154(a)(1)(A)(iii)(II)(cc), (iv), (v), content/about-financial-abuse/ (last viewed June 2,
longer than T nonimmigrants, and thus and (vii). See 8 CFR 245.2(a)(i)(2)(B). 2021).
filings were fee exempt through final DHS proposes to provide fee applicants as mentioned previously.
adjudication of the adjustment of status exemptions for these persons for all Therefore, DHS proposes to provide fee
application. Therefore, DHS is forms filed through final adjudication exemptions for Form I–881 and Form I–
proposing to limit the new fee for adjustment of status to LPR, 765, which are forms that may be filed
exemptions for these populations to including Form I–485 and associated with USCIS. Id.
forms associated with the VAWA self- forms. Proposed 8 CFR 106.3(b)(4). For
petition filing that are filed at the same abused spouses and children filing 7. Abused Spouses and Children of
time as or while the VAWA Form I–360 under CAA and HRIFA, they will be fee LPRs or U.S. Citizens Under INA Sec.
self-petition is pending before the exempt for Form I–485 and associated 240A(b)(2)
adjustment of status applicant is filed. forms, as they file for VAWA benefits on
Form I–485. Proposed 8 CFR 106.3(b)(4). Currently, abused spouses and
DHS is not proposing to exempt VAWA
Associated forms include any forms children of LPRs and U.S. citizens
self-petitioners from the Form I–485 fee
filed before the individual adjusts their seeking cancellation of removal and
when it is filed after their I–360 is
approved because the approval of the status to LPR, such as a Form I–131; adjustment of status under INA sec.
Form I–360 authorizes employment of Form I–212, Application for Permission 240A(b)(2) are eligible for fee waivers
the self-petitioner and the ability to to Reapply for Admission into the for any forms filed with USCIS through
either obtain the funds to pay the fee or United States After Deportation or adjustment of status to LPR, including
request a fee waiver. Removal; Form I–290B, Form I–601, and associated forms.134 See 8 CFR
Form I–765. Id. Like VAWA self- 103.7(c)(3)(xviii) (Oct. 1, 2020). In this
4. Conditional Permanent Residents petitioners filing Form I–360, these rule, DHS proposes that this population
Filing a Waiver of Joint Filing abused spouses and children are be exempt from the fee for an
Requirement Based on Battery or particularly vulnerable populations as Application for Waiver of Grounds of
Extreme Cruelty victims of abuse. As there were fewer Inadmissibility (Form I–601) and an
than 50 applications filed for these 2 initial Application for Employment
Conditional permanent residents
populations combined in FY 2020, and Authorization (Form I–765) when filed
(CPRs) filing a waiver of the joint filing
the applicant files for VAWA benefits under 8 CFR 274a.12(c)(10). See
requirement based on battery or extreme
when filing for adjustment of status to Proposed 8 CFR 106.3(b)(8). Abused
cruelty (abuse waiver) are considered
LPR, DHS proposes to provide fee spouses and children of LPRs and U.S.
VAWA self-petitioners as defined in
exemptions for the VAWA-based filing citizens seeking cancellation of removal
INA sec. 101(a)(51)(C) and currently
(such as for Form I–485) as well as and adjustment of status in immigration
may request a fee waiver when filing
associated forms. Id. proceedings are a particularly
Form I–751. See 8 CFR 103.7(c)(3)(vii)
(Oct. 1, 2020). DHS proposes that a CPR 6. Abused Spouses and Children vulnerable population. Therefore, DHS
requesting an abuse waiver continue to Seeking Benefits Under NACARA proposes to provide fee exemptions for
be eligible to request a fee waiver when the only forms that this population may
Abused spouses and children seeking
filing Form I–751. See proposed 8 CFR file with USCIS, Forms I–601 and an
benefits under the Nicaraguan
106.3(a)(3)(i)(C). Because CPRs filing initial I–765. Id.
Adjustment and Central American
Form I–751 may file for more than one
Relief Act (NACARA) are considered 8. Special Immigrant Afghan or Iraqi
basis when seeking any waiver of the
VAWA self-petitioners as defined in Translators or Interpreters, Iraqi
joint filing requirement, USCIS is
INA sec. 101(a)(51)(F). As such, they are Nationals Employed by or on Behalf of
unable to provide a fee exemption for
currently eligible for fee waivers for any the U.S. Government, or Afghan
Form I–751 abuse waivers. However,
forms filed through adjustment of status, Nationals Employed by or on Behalf of
because CPRs requesting abuse waivers
including associated forms.133 See 8 CFR the U.S. Government or Employed by
are a relatively small population and are
103.7(c)(3)(xviii) (Oct. 1, 2020). the International Security Assistance
particularly vulnerable as victims of
abuse as stated above, DHS is proposing DHS proposes to provide fee Force and Derivative Beneficiaries
to exempt them from the fee for Form exemptions for abused spouses and
I–290B to file a motion to reopen or children seeking benefits under The National Defense Authorization
reconsider the decision after a Form I– NACARA for all forms filed through Act for FY 2008 135 and Omnibus
751 abuse waiver request is denied. See final adjudication for adjustment of Appropriations Act 136 prohibit DHS
proposed 8 CFR 106.2(a)(15). status to LPR, including the Application from charging any fees in connection
for Suspension of Deportation or Special with an application for, or issuance of,
5. Abused Spouses and Children Rule Cancellation of Removal (Pursuant a special immigrant visa for Special
Adjusting Status Under CAA or HRIFA to Section 203 of Public Law 105–100 Immigrant Afghan or Iraqi translators or
(NACARA)) (Form I–881) and associated
Abused spouses and children seeking forms. Proposed 8 CFR 106.3(b)(7). For interpreters, Iraqi nationals employed
benefits under the Cuban Adjustment by or on behalf of the U.S. Government,
abused spouses and children under
Act (CAA) and the Haitian Refugee or Afghan nationals employed by or on
NACARA, they must file for VAWA
Immigration Fairness Act (HRIFA) are benefits while in immigration behalf of the U.S. Government or
employed by the International Security
considered VAWA self-petitioners as proceedings, so they will be fee exempt

defined in INA sec. 101(a)(51)(D) and for the Form I–881, Form I–601, and Assistance Force (ISAF). These
(E). As such, they are currently eligible Form I–765, which are forms that may applicants do not currently pay fees for
for fee waivers for any forms filed be filed with USCIS. Victims of abuse Form I–360.
through adjustment of status to LPR, who file for VAWA benefits in
including associated forms.132 See 8 CFR immigration court proceedings are a
103.7(c)(3)(xviii) (Oct. 1, 2020). particularly vulnerable population of 134 See INA sec. 245(l)(7); 8 U.S.C. 1255(l)(7).
135 See Public Law 110–181 (Jan. 28, 2008).
132 See INA sec. 245(l)(7); 8 U.S.C. 1255(l)(7). 133 See INA sec. 245(l)(7), 8 U.S.C. 1255(l)(7). 136 See Public Law 111–8 (Mar. 11, 2009).
As part of Operation Allies Welcome, 9. Special Immigrant Juveniles by initial TPS applicants under age 14
beginning in July 2021, DHS authorized DHS currently fee exempts Form I– and over age 65 for initial EAD requests.
filing fee exemptions, including for 360 139 for Special Immigrant Juveniles See proposed 8 CFR 244.6(b). Currently,
Form I–485, Form I–601, and Form I– (SIJs) and provides them eligibility to initial TPS applicants under age 14 and
765, for certain Afghan nationals and file a fee waiver for Form I–485 and over age 65 are exempt from paying the
their derivative beneficiaries meeting associated forms 140 as well as for a fee for Form I–765 for initial EAD
certain criteria, who were evacuated naturalization application.141 Upon requests. See 8 CFR 244.6(b) (Oct. 1,
from Afghanistan due to the classification as an SIJ, a noncitizen may 2020).145 When the regulations
humanitarian crisis in that country.137 be eligible to apply for adjustment of implementing TPS were first published
DHS is proposing to expand fee status to LPR if an immigrant visa in 1991, the INS required all TPS
exemptions for Special Immigrant number is immediately available. See applicants to file Form I–765 for
Afghan or Iraqi translators or INA sec. 245(h), 8 U.S.C. 1255(h). DHS information collection purposes, even if
interpreters, Iraqi Nationals Employed is now proposing to fee exempt SIJs for an applicant did not wish to request
by or on behalf of the U.S. Government, all forms through final adjudication of employment authorization.146 At that
or Afghan nationals employed by or on the adjustment of status application, time, INS did not issue EADs to minor
behalf of the U.S. Government or which will include Form I–485 and children or persons over age 65.147 TPS
employed by the ISAF to all forms associated forms. Proposed 8 CFR applicants who did not wish to request
associated with filings from initial 106.3(b)(1). SIJ petitioners and employment authorization were not
status filing through final adjudication recipients are youth who have suffered required to pay the fee for Form I–765.
of the adjustment of status application. abuse, neglect, or abandonment by one Initially, only nationals of El Salvador
Proposed 8 CFR 106.3(b)(3). In addition, or both parents, and DHS believes that ages 14–65 who requested employment
DHS is clarifying that surviving spouses most SIJs have no means to pay the fees authorization were required to pay the
and children of certain principal for these forms. Congress, in recognizing fee for Form I–765. However, on April
applicants who may file a petition for the vulnerability of these youth, has 25, 1995, INS revised Form I–765 to
classification as a special immigrant afforded special protections to this remove the El Salvador specific
under to section 403 of the Emergency population, including access to language from the form instructions and
Security Supplemental Appropriations federally funded assistance through the required all TPS applicants ages 14–65
Act, 2021, Public Law 117–31, 135 Stat. Unaccompanied Refugee Minors who were requesting employment
309, 318 (July 30, 2021), are exempt program.142 Currently, SIJs are not authorization to pay the fee for Form I–
from paying the filing fee for Form I– required to provide evidence of 765, regardless of nationality, although
360.138 DHS believes this population, household income when applying for a fee waivers were available. The
who assisted the United States fee waiver, and many are in the foster regulatory language was updated to
Government often at risk to themselves care system or full-time students or reflect this change in 1999.148
and their families, should benefit from both, without an ability to work.143 For
USCIS no longer requires TPS
an immigration process that imposes a these reasons, most SIJs are eligible for
applicants to file Form I–765 for
minimal financial burden. In addition, a fee waiver. DHS is proposing to fee
exempt SIJs through final adjudication information collection purposes, and
because the statutes provide that the only requires it if the TPS applicant
special immigrant visa petition is fee of Form I–485 to recognize the financial
and personal situation of most SIJs, to wants an EAD. Persons applying for TPS
exempt, DHS believes that it is who do not wish to request employment
consistent with those laws to provide reduce the burden on SIJs to request a
fee waiver, and to reduce the burden on authorization need only file Form I–
fee exemptions for these additional 821.149 The reason that the INS fee
forms that are generally filed with or USCIS of adjudicating SIJ fee waivers
that are generally approved. exempted a Form I–765 filed by initial
associated with the special immigrant
TPS applicants under age 14 and over
visa petition. 10. Temporary Protected Status age 65 from a fee no longer exists. Thus,
137 See U.S. Dep’t of Homeland Security, ‘‘DHS
The fee for an Application for DHS is proposing that all TPS
Announces Fee Exemptions, Streamlined Temporary Protected Status (Form I– applicants requesting employment
Processing for Afghan Nationals as They Resettle in 821) for TPS registrations is limited to authorization must pay the filing fee for
the U.S.’’ (Nov. 8, 2021), available at https:// $50 by statute. See INA sec. 244(c)(1)(B), Form I–765 or request a fee waiver.
www.dhs.gov/news/2021/11/08/dhs-announces-fee- 8 U.S.C. 1254a(c)(1)(B). In addition, TPS
exemptions-streamlined-processing-afghan- 145 The exemption is not codified, except by
nationals-they-resettle. applicants are eligible for fee waivers for
implication by 8 CFR 244.6, which states that
138 The Emergency Security Supplemental any forms submitted based on the
applicants between the ages of 14 and 65 who are
Appropriations Act, 2021, Public Law 117–31, 135 TVPRA.144 DHS is not proposing any not requesting authorization to work will not be
Stat. 309, 318 (July 30, 2021), removed the additional fee exemptions or fee waivers charged a fee for an application for employment
requirement that the principal noncitizen have a
petition for special immigrant visa (SIV)
for this population. authorization.
classification approved, in order for the surviving DHS, however, is proposing to remove 146 See 56 FR 619 (Jan. 7, 1991), as amended at
the fee exemption for Form I–765 filed 56 FR 23497 (May 22, 1991) (codifying 8 CFR 240.6
spouse and/or children of the principal noncitizen
that provided that the fee for Form I–765 was not
to apply to obtain SIVs, and replaced it with the
requirement that the principal noncitizen must charged except for nationals from El Salvador
139 8 CFR 103.7(b)(1)(i)(T)(3) (Oct. 1, 2020).
have submitted an application for Chief of Mission between the ages of 14 to 65 who requested an
140 8 CFR 103.7(c)(4)(iii) (Oct. 1, 2020).

(COM) approval under section 1244 of Public Law EAD).
141 8 CFR 103.7(c)(3)(xiii) (Oct. 1, 2020). 147 See 56 FR 23495 (May 22, 1991).
110–181, 122 Stat. 3 (Jan. 28, 2008), section 602(b)
142 See 8 U.S.C. 1232(d)(4)(A). 148 See 64 FR 4780–4781 (Feb. 1, 1999).
of the Afghan Allies Protection Act of 2009, Title
143 See USCIS, Instructions for Request for Fee 149 The October 17, 2017, revision of Form I–821
VI of Public Law 111–8, 123 Stat. 524, 807 (Mar.
11, 2009), or section 1059 of the National Defense Waiver, page 7, available at https://www.uscis.gov/ made concurrent filing of Form I–765 optional. The
Authorization Act for Fiscal Year 2006, Public Law sites/default/files/document/forms/i-912instr.pdf May 31, 2018, revision of Form I–765 removed the
109–163, 119 Stat. 3136 (Jan. 6, 2006) which (last viewed June 1, 2021). instruction appearing on earlier iterations
included the noncitizen as an accompanying spouse 144 See title II, subtitle A, sec. 201(d)(3), Public indicating that Form I–765 must be filed with Form
or child, or the principal noncitizen had completed Law 110–457, 122 Stat. 5044 (2008); INA sec. I–821 to register for TPS, regardless of whether the
the special immigrant employment requirements at 245(l)(7), 8 U.S.C. 1255(l)(7); 8 CFR applicant was requesting employment
the time of their death. 103.7(c)(3)(xviii) (Oct. 1, 2020). authorization.
11. Asylum Seekers and Asylees applicants, many of whom arrive in the dire financial situations; requiring a fee
DHS is not proposing any changes to United States with few resources and for authorization to work will worsen
fee exemptions or fee waivers for lack financial support, may be unable to the already precarious situation of a
asylum seekers or asylees and is pay the fee (particularly considering vulnerable population; and the fee will
proposing to codify that there is no fee that most are unable to legally seek act as an unjust deterrent for asylum
for an Application for Asylum and for employment until after the approval of seekers. As a result of the economic
Withholding of Removal (Form I–589). their application for employment challenges faced by asylum seekers,
Proposed 8 CFR 106.2(a)(27). See Table authorization based on their pending DHS has determined that it agrees that
13C, Categories of Requestors and asylum application, which cannot be charging asylum seekers for an initial
Related Forms Eligible for Fee Waivers filed together), or would choose work authorization application could
under INA sec. 245(l)(7), 8 U.S.C. between paying the fee and paying for prevent them from obtaining lawful
1255(l)(7), and Fee Exemptions basic needs with the few resources they employment, and that the EAD fee is
(Includes Current Eligibility and may have arrived with or can attain unduly burdensome for asylum seekers.
Proposed Changes). In the 2020 fee rule before being allowed to legally seek Therefore, DHS proposes to retain the
DHS proposed a $50 fee for Form I–589, employment in the United States. DHS fee exemption for applicants who have
Application for Asylum and for recognizes the vulnerable situations of applied for asylum or withholding of
Withholding of Removal, for when that individuals who apply for asylum and removal before EOIR (defensive asylum)
has decided not to impose an asylum or filed Form I–589 with USCIS
form is filed with USCIS (‘‘affirmative
application fee, so as to not make (affirmative asylum) for initial filings of
asylum applications’’). See 8 CFR
affordability a consideration for a Form I–765. See proposed 8 CFR
106.2(a)(20) (Oct. 2, 2020). The U.S.
person requesting asylum. 106.2(a)(43)(iii)(D) and (G).
Government had never previously As explained below, DHS also
charged a fee for an asylum request and DHS will also continue to provide a
fee exemption for the initial filing of proposes that the fee for refugee travel
used fees from other form types to fund documents for asylees and LPRs who
the operations involved in processing Form I–765 for persons with pending
asylum applications and those who obtained such status as asylees will be
asylum claims. However, in the 2020 fee linked to the DOS fee for a U.S.
rule DHS decided to impose an asylum were granted asylum (asylees). Proposed
8 CFR 106.2(a)(43)(iii)(D) and (G).150 In passport. Proposed 8 CFR 106.2(a)(7)(i)
fee of $50, and provided that the fee and (ii). DHS also proposes to continue
would not be waivable but exempted an the 2020 fee rule, DHS required
applicants who have applied for asylum charging a fee for asylees with pending
unaccompanied child in removal adjustment of status applications who
proceedings from the fee. 8 CFR or withholding of removal before EOIR
(defensive asylum) or filed Form I–589 are requesting advance parole. Proposed
106.2(a)(20) (Oct. 2, 2020). A large 8 CFR 106.2(a)(7)(iii). Although asylees
number of commenters on the 2020 fee with USCIS (affirmative asylum), to pay
the fee for initial filings of Form I–765. and refugees are in some respects
rule generally opposed charging asylum similarly situated populations, certain
applicants a fee. See 85 FR 46844. See 8 CFR 106.2(a)(32) (Oct. 2, 2020).
Previously, USCIS had exempted differences justify DHS’s decision not to
Commenters stated that asylum exempt asylees from paying the fee for
applicants have few economic applicants with pending asylum
applications who are filing their first refugee travel documents or advance
resources, the few resources that they do parole. Unlike refugees, who are
have are necessary for survival, and they EAD application under the 8 CFR
274a.12(c)(8) eligibility category from required to apply to adjust status after
are often financially dependent on their they have been physically present in the
family members. Thus, the commenters the Form I–765 fee if the applicant
submitted evidence of a pending asylum United States for at least one year,
stated that the asylum fee would create asylees are not required to apply for
an additional burden on asylum application and followed other
instructions. However, in the 2020 fee adjustment of status, although they may
applicants and their families, be do so. In addition, because asylees are
detrimental to survivors of torture, and rule, DHS determined that continuing to
exempt this population from paying the a larger population than refugees, DHS
further endanger asylum seekers’ health determined that transferring to other
and safety. Form I–765 fee would increase the
applicants and petitioners the costs of
After further consideration of the proposed fee by $10 to fund the cost of
adjudicating requests from asylees for
comments received on the 2020 fee EADs for asylum applicants, and
refugee travel documents and advance
rule’s asylum fee, asylum applicants’ required initial applicants with pending
parole would be overly burdensome to
lack of resources and the burdens that asylum claims to pay a $490 Form I–765
other fee payers. DHS believes that
they face, DHS proposes to remove the fee to keep the fee lower for all fee-
asylees are better able to time the filing
$50 fee for Form I–589. Proposed 8 CFR paying EAD applicants.
Many commenters on the 2020 fee of Form I–485 for adjustment of status
106.2(a)(27). DHS currently does not to LPR or an associated benefit request
collect the $50 fee for Form I–589 as a rule opposed the change to charge
with their ability to pay the fees or
result of the injunction against the 2020 asylum applicants for their first Form I–
request a fee waiver.
Fee Rule discussed above. While INA 765, Application for Employment DHS proposes to continue fee waiver
sec. 208(d)(3), 8 U.S.C. 1158(d)(3), Authorization. 85 FR 46851–46853. The eligibility for asylees filing Forms I–
specifically authorizes a fee for the commenters wrote that: people who 290B, I–765 for EAD renewal, and I–
consideration of an asylum application cannot work cannot afford to pay their 485. Proposed 8 CFR 106.3(a)(3)(ii)(C)
asylum fees and may work illegally;
in the discretion of the Secretary, it does and (E) and (a)(3)(iv)(C). DHS does not
not require such fees, and further charging individuals who are not propose new fee exemptions or fee
provides that the Secretary may set authorized to work to pay a fee to waivers for asylum applicants or asylees
adjudication and naturalization fees in acquire work authorization is in this rulemaking because most forms
accordance with INA sec. 1356(m), 8 counterintuitive; asylum seekers are in used by this population are already fee
U.S.C. 1356(m). DHS believes that the 150 Except for individuals applying under special
exempt or fee waiver eligible. DHS also
fee could deter asylum seekers from procedures pursuant to the settlement agreement
considered the number of asylum-based
seeking protection because of an reached in American Baptist Churches v. filings made each year and decided that
inability to pay the fee. Asylum Thornburgh, 760 F. Supp. 796 (N.D. Cal. 1991). the transfer of the costs of such filings
to other petitions and applications if that many refugees are more likely than also exempt from fees. See, e.g., 8 CFR
these filings were fee exempt resulted in other immigrant populations to lack 103.7(b)(1)(i)(AAA) and (EEE) (Oct. 1,
too excessive a shift to fee payers to economic security and determined that 2020).
justify. it is in the interests of the United States On July 2, 2021, Secretary Mayorkas
to provide them with support and and Secretary of Veterans Affairs Denis
12. Refugees
assistance on their path to self- McDonough announced a new initiative
DHS is continuing to provide a fee sufficiency. For example, INA sec. to support our Nation’s noncitizen
exemption for the initial filing of Form 207(c)(3) specifies that the public charge service members, veterans, and the
I–765 for persons who were admitted or ground of inadmissibility in INA sec. immediate family members of service
paroled as refugees. Proposed 8 CFR 212(a)(4) does not apply to refugees. members. The initiative recognizes the
106.3(b)(9)(iii). This long-standing And section 412 of the INA, 8 U.S.C. profound commitment and sacrifice that
policy is consistent with Article 17(1) of 1522, authorizes the provision of a service members and their families have
the 1951 Convention Relating to the variety of benefits and support services made to the United States and that DHS
Status of Refugees (as incorporated in to refugees, including employment agencies would review the policies to
the 1967 Protocol Relating to the Status training and placement, English remove barriers to naturalization for
of Refugees), which states, ‘‘The language training, cash assistance, and those eligible, and improve access to
Contracting State shall accord to medical assistance. In light of these immigration services.153
refugees lawfully staying in their considerations, DHS has historically As part of this initiative on November
territory the most favorable treatment exempted refugees from paying fees for 19, 2021, USCIS issued guidance to
accorded to nationals of a foreign most applications and petitions for provide fee exemptions for Form I–131
country in the same circumstances, as immigration benefits, excluding concurrently filed with N–400 for
regards the right to engage in wage- naturalization, for which a fee waiver is applicants who are residing outside the
earning employment.’’ 151 available. DHS now proposes to align United States and seeking
DHS also proposes to provide a fee Form I–131 with this long-standing naturalization.154 Because this
exemption for persons admitted or policy. For the same reasons, DHS also population submits a low number of
paroled as refugees who submit Form I– proposes to fee exempt the Application forms, and to be consistent with other
765 to renew or replace their EAD. for Carrier Documentation (Form I–
fees related to military applicants, DHS
Proposed 8 CFR 106.3(b)(9)(iii). 131A) for refugees, persons paroled as
is proposing to codify a fee exemption
Currently, refugees may request a fee refugees (see INA sec. 212(d)(5)(B), 8
for Forms I–131 (parole requests). In
waiver for such renewal and U.S.C. 1182(d)(5)(B)), and LPRs who
addition, DHS is proposing to add fee
replacement applications. EAD renewal obtained such status as refugees. See 8
exemptions for Forms I–360, I–485, and
and replacement filing volume is low, CFR 106.3(b)(9)(ii).
I–765 (initial request) for military
and DHS must expend effort to 13. Person Who Served Honorably on applicants.
adjudicate fee waiver requests, which Active Duty in the U.S. Armed Forces
are generally approved. DHS believes 14. Summary of Proposed Fee
Filing Under INA Sec. 101(A)(27)(K)
that exempting all refugee Form I–765 Exemptions
filings is consistent with the principles An immigrant who has served
honorably on active duty in the U.S. The following Table 13A provides a
of the 1951 Refugee Convention cited summary of current fee exemptions
above. armed forces of the United States after
October 15, 1978, after original lawful under INA sec. 245(l)(7). Table 13B
DHS further proposes to provide a fee provides a list of proposed additional
exemption for the filing of Form I–131, enlistment outside the United States
(under a treaty or agreement in effect on fee exemptions, and the impact on
Application for Travel Document, for forms that no longer require a fee waiver
persons admitted or paroled as refugees, October 1, 1991) for a certain period of
time and the spouses and children of for these categories of requestors
including LPRs who obtained such because they will be fee exempt. Table
status as refugees in the United States. such immigrants may be granted special
immigrant status upon recommendation 13C provides a list of all fee exemptions
Proposed 8 CFR 106.3(b)(9)(i). Refugees and waivers that includes both the
are by definition a vulnerable under the executive department. INA
sec. 101(a)(27)(K), 8 U.S.C. 1101(a)(27). current provisions and the proposed
population.152 Congress has recognized additions.
These applicants may file for
151 Convention Relating to the Status of Refugees, naturalization under INA sec. 328, 8 BILLING CODE 9111–97–P
art. 17(1), July 28, 1951, 19 U.S.T. 6259, 189 U.S.C 1439. USCIS does not charge a fee
U.N.T.S. 150. The United States is not a party to to military naturalization applicants 153 See DHS, VA Announce Initiative to Support
the 1951 Refugee Convention, but the United States because such fees are prohibited by Noncitizen Service Members, Veterans, and
is a party to the 1967 Protocol Relating to the Status Immediate Family Members (July 2, 2021), available
of Refugees, Jan. 31, 1967, 19 U.S.T. 6223, 606
statute. See INA sec. 328(b)(4), 8 U.S.C. at https://www.dhs.gov/news/2021/07/02/dhs-va-
U.N.T.S. 267, which incorporates Articles 2 to 34 1439(b)(4). Other forms for active or announce-initiative-support-noncitizen-service-
of the 1951 Convention. See INS v. Stevic, 467 U.S. former military service members are members-veterans-and-immediate.
407, 416 & n.9 (1984). 154 See USCIS Policy Manual, Volume 12,
152 See INA sec. 101(a)(42)(A), 8 U.S.C. Citizenship and Naturalization, Part I Military
or unwilling to return to, and is unable or unwilling
1101(a)(42)(A) (defining the term ‘‘refugee’’ as ‘‘any to avail himself or herself of the protection of, that Members and their Families, Chapter 5, Application
person who is outside any country of such person’s country because of persecution or a well-founded and Filing for Service Members (INA sections 328
nationality or, in the case of a person having no fear of persecution on account of race, religion, and 329) [12 USCIS–PM I.5], available at https://
nationality, is outside any country in which such nationality, membership in a particular social www.uscis.gov/policy-manual/volume-12-part-i-
person last habitually resided, and who is unable group, or political opinion’’). chapter-5.
• Form 1-914, • Form 1-192

Supplement A • Form 1-193
• Form 1-914, • Form l-290B
Supplement B • Form 1-485
• Form 1-765 • Form 1-539
(initial 8 CFR • Form 1-601
274a.12(a)(16) • Form 1-765
fee exempt for • Form N-300
principals only) • Form N-336
• Form N-400
• Form N-470
• Form N-565
• Form N-600
• Form N-600K
• Form 1-918 • Form 1-131
• Form 1-192
155 See INA sec. 101(a)(15)(T); 8 U.S.C.

EP04JA23.035</GPH>
1101(a)(15)(T) (T nonimmigrant status for victims of

severe forms of trafficking in persons).
• Form 1-918,
Supplement A
• Form 1-918, • Form 1-485
Supplement B • Form 1-539
• Form 1-765 • Form 1-601
(initial 8 CFR • Form 1-765
274a.12(a)(19) • Form 1-929
fee exempt for • Form N-300
principals • Form N-336
only)1s7
• Form N-400
• Form N-470
• Form N-565
• Form N-600
• Form N-600K
• Form 1-360 • Form 1-131
• Form 1-765 • Form 1-212
(initial category • Form l-290B
(c)(31) generally • Form 1-485
fee exempt for • Form 1-601
principals • Form I-765
Only) 159
• Form 1-824
• Form N-300
• Form N-336
• Form N-400
• Form N-470
• Form N-565
• Form N-600
• Form N-600K
• Form 1-751
• Form l-290B
156 See INA sec. 101(a)(15)(U) 8 U.S.C. immigrant classification under INA sec. 204(a)(1). 274a.12(c)(14) designation or under 8 CFR
1101(a)(15)(U) (U nonimmigrant status for victims See INA sec. 101(a)(51); 8 U.S.C. 1101(a)(51). See 274a.12(c)(9) if applicable. The self-petitioner may
of qualifying criminal activity). INA sec. 204(a); 8 U.S.C. 1154(a). also file a Form I–765 to request a category (c)(31)
159 Currently, VAWA self-petitioners may check a
157 No initial fee for principals who receive an EAD if not initially requested on the Form I–360.
EAD incident to status. box on Form I–360 requesting a category (c)(31) All self-petitioners and derivatives filing a renewal
158 This category includes VAWA self-petitioners EAD upon approval of the self-petition. This EAD or replacement request must file a Form I–765 with
is currently fee exempt. If the self-petitioner does a fee or fee waiver request.
EP04JA23.036</GPH>
and derivatives as defined in INA sec. 101(a)(51)(A)

not check this box, they must file a Form I–765 to
and (B) and those otherwise self-petitioning for
request work authorization under 8 CFR
• Form N-336
• Form N-400
• Form N-470
• Form N-565
• Form N-600
• Form N-600K
• Form 1-131
• Form 1-212
• Form l-290B
• Form 1-485
• Form 1-601
• Form 1-765
• Form N-300
• Form N-336
• Form N-400
• Form N-470
• Form N-565
• Form N-600
• Form N-600K
• Form 1-601
• Form 1-765
• Form 1-881
• Form N-300
• Form N-336
• Form N-400
• Form N-470
• Form N-565
• Form N-600
• Form N-600K
• Form 1-601
• Form 1-765
• Form N-300
• Form N-336
• Form N-400
160 See INA secs. 101(a)(51)(C) and 216(c)(4)(C) for Form I–765 for these categories includes all Form I–765 for this category includes all initial,
and (D); 8 U.S.C. 1101(a)(51)(C) and 1186a(c)(4)(C) initial, renewal, and replacement EADs filed renewal, and replacement EADs filed through final
and (D). through final adjudication for adjustment of status. adjudication for adjustment of status.
EP04JA23.037</GPH>
161 See INA sec. 101(a)(51)(D) and (E); 8 U.S.C. 162 See INA sec. 101(a)(51)(F); 8 U.S.C.
1101(a)(51)(D) and (E). The proposed fee exemption 1101(a)(51)(F). The proposed fee exemption for
• Form N-565
• Form N-600
• Form N-600K
• Form I-765V 165 Not Applicable
• Form 1-360 • Form 1-131

• Form 1-485 (for • Form 1-212
certain Special • Form I-290B
Immigrant • Form 1-485
Afghans) 166 • Form 1-601
• Form 1-765 • Form 1-765
(initial filing for • Form N-300
certain • Form N-336
Afghans) 167 • Form N-400
• Form 1-601 (for • Form N-470
certain Special • Form N-565
Immigrant • Form N-600
Afghans) 168 • Form N-600K
• Form 1-360 • Form 1-131

• Form I-290B
• Form 1-485
• Form 1-601
• Form 1-765
• Form N-300
163 Also includes children of battered spouses and 165 The fee exemption for Form I–765V for this States on or after July 30, 2021. This is part of the
children of an LPR or U.S. citizen and parents of category includes all initial, renewal, and temporary OAW program.
battered children of an LPR or U.S. citizen under replacement EADs. 168 Afghan nationals and their derivative
INA sec. 240A(b)(4); 8 U.S.C. 1229b(b)(4). 166 Afghan nationals and their derivative
beneficiaries paroled into the United States on or
164 See INA sec. 106; 8 U.S.C. 1105a. The beneficiaries paroled into the United States on or
after July 30, 2021 who file Form I–601 associated
proposed fee exemption for Form I–765 for these after July 30, 2021 and applying to adjust status to
with Form I–485, if filing as an Afghan Special
categories includes all initial, renewal, and permanent residence based on classification as
Afghan special immigrants as part of the temporary Immigrant.
replacement EADs. If the abused spouses of A, E–
3, G, and H Nonimmigrants are able to file under Operation Allies Welcome (OAW) program.
EP04JA23.038</GPH>
another eligible category, the applicant may be 167 Afghan nationals and their derivative
eligible for a fee waiver. beneficiaries who were paroled into the United
• Form N-400
• Form N-470
• Form N-565
• Form N-600
• Form N-600K
• Form 1-765 • Biometrics Fee
(initial TPS • Form 1-131
applicant, under • Form l-290B
14 and over 65 • Form 1-601
who is • Form 1-765
requesting an • Form 1-821
initial EAD.) 170
• Form 1-821
(only re-
re istration
• Forml-131 • Form l-290B
(Only if an • Form 1-485
asylee applying • Form 1-765 (renewal request)
for a Refugee • Form N-300
Travel • Form N-336
Document or • Form N-400
advance parole • Form N-470
filed Form 1-485 • Form N- 565
on or after July • Form N-600
30, 2007, paid • Form N-600K
the Form 1-485
application fee
required, and
Form 1-485 is
still pending.)
• Form 1-589
• Form 1-602
• Form 1-730
• Form 1-765
(initial request
by asylees and
initial request by
as lum
169 See INA secs. 244 and 245(l)(7); 8 U.S.C. by initial TPS applicants under age 14 and over age applicants are eligible for naturalization without
1254a and 1255(l)(7). This category includes 65. lawful permanent residence under INA sec. 329; 8
applicants and recipients of TPS. 171 These applicants are eligible for naturalization U.S.C. 1440.
EP04JA23.039</GPH>
170 Note DHS is proposing to end the fee

under INA sec. 328; 8 U.S.C. 1439. Most military
exemption for Form I–765 initial EAD requests filed
Table f3A: <t~rr,entFor~~ Eligtble f o;r F~i Waivers undtf INA stc~ Z45(1)(7),. 8 ltS.C.
1255(1)p), and Fee Exemption~ · ·
applicants with a
pending Form 1-
589
• Form 1-590 • Form l-290B
• Form 1-485 • Form 1-765
• Form 1-602 • Form N-300
• Form N-336
• Form N-400
(initial request) • Form N-470
• Form N-565
• Form N-600
• Form N-600K
• Form N-400 • Form N-300
U.S. armed. for • Form N-336 • Form N-470
. . service tne1'lbers, • Form N-600 • Form N-565
including persons • Form N-600K
who served·
i ;, " • Form 1-131 (for
honorably ()it active service members
dQty in the{tS. filing
armed forces nfi11g concurrently
underINA sec. with an N-400)
U)l a 27 K 171
EP04JA23.040</GPH>
• Form N-300
• Form 1-193 • Form N-336
• Form 1-290B (only if filed for any • Form N-400
benefit request filed before • Form N-470
adjusting status or for Form 1- • Form N-565
485) • Form N-600
• Form 1-485 • Form N-600K
• Form 1-539
• Form 1-601
• Form 1-765 176
• Form 1-192 (only if filed before • Form 1-131
Form 1-485 is filed) • Form 1-192 (only if
• Form 1-193 (only if filed before filed with or after
Form 1-485 is filed) Form 1-485 is filed)
• Form 1-290B (only if filed before • Form 1-193 (only if
Form 1-485 is filed) filed with or after
• Form 1-539 (only if filed before Form 1-485 is filed)
Form 1-485 is filed) • Form 1-290B (only if
• Form 1-765 (initial 8 CFR filed with or after
274a.12(a)(20) and initial (c)(14) Form 1-485 is filed)
fee exempt for principals and • Form 1-485
derivatives only if filed before • Form 1-601
Form 1-485) • Form 1-765 (renewal
and replacement
requests)
• Form 1-929
• Form N-300
172 This table includes exemptions and fee 173 This column lists all the additional fee 175 See INA sec. 101(a)(15)(T); 8 U.S.C.
waivers that are required under INA sec. 245(l)(7), exemptions that are being proposed. DHS would 1101(a)(15)(T) (T nonimmigrant status for victims of
8 U.S.C. 1255(l)(7) and other categories of continue to maintain all the fee exemptions severe forms of trafficking in persons).
immigrants for which DHS is proposing additional 176 The proposed fee exemption for T
currently provided under Table 13A, column
fee exemptions. This table includes only those ‘‘Current Fee Exemptions.’’ nonimmigrants filing Form I–765 includes all
exemptions that DHS is required to provide under 174 This column lists all the fee waivers that initial, renewal and replacement EADs filed at the
this statute, and it does not include all USCIS nonimmigrant and adjustment of status stages.
would still be available after some forms will be fee 177 See INA sec. 101(a)(15)(U); 8 U.S.C.
benefit requests or groups for which DHS currently exempt as listed in ‘‘Current Fee Exemptions’’
provides or is proposing to provide an exemption 1101(a)(15)(U) (U nonimmigrant status for victims
EP04JA23.041</GPH>
column. of qualifying criminal activity).

in this rule or by policy. See regulatory text for all
other fee exemptions and fee waivers.
• Form N-400
• Form N-470
• Form N-565
• Form N-600
• Form N-600K
• Form I-131 (only when Form I- • Form I-131
360 and Form I-485 are • Form I-212
concurrently filed or pending) • Form I-290B
• Form I-212 (only when Form I- • Form I-485
360 and Form I-485 are • Form I-601
concurrently filed or pending) • Form I-765 (renewal
• Form I-290B (if filed with a and replacement
standalone Form I-360, then fee requests)
exempt if filed to motion or • Form I-824
appeal Form I-360) • FormN-300
• Form I-290B (if Form I-360 and • Form N-336
Form I-485 are concurrently filed, • Form N-400
then fee exempt if filed for any • Form N-470
adjusting status or for Form I-485) • Form N-600
• Form I-485 (only if filed
• Form N-600K
concurrently with Form I-360)
• Form I-601 (only when Form I-
360 and Form I-485 are
concurrently filed or pending)
• Form I-765 (initial 8 CFR
274a.12(c)(9), initial 8 CFR
274a.12 (c)(l4), and initial
category (c)(31) fee exempt for
rinci als and derivatives 179
• Form I-290B (only when filed for • Form I-751
Form I-751) • Form I-290B
• Form N-300
178 This category includes VAWA self-petitioners 179 Under this proposed rule, the category (c)(31) 180 See INA secs. 101(a)(51)(C) and 216(c)(4)(C)
and derivatives as defined in INA sec. 101(a)(51)(A) EAD provided through Form I–360 will continue to and (D); 8 U.S.C. 1101(a)(51)(C) and 1186a(c)(4)(C)
and (B) and those otherwise self-petitioning for be fee exempt. In addition, all Form I–765s filed for and (D).
immigrant classification under INA sec. 204(a)(1). an initial 8 CFR 274a.12(c)(9), 8 CFR 274a.12(c)(14),
See INA sec. 101(a)(51); 8 U.S.C. 1101(a)(51). See and an initial category (c)(31) EAD will also be fee
EP04JA23.042</GPH>
INA sec. 204(a); 8 U.S.C. 1154(a). exempt for both self-petitioners and derivatives.
• Form N-400
• Form N-470
• Form N-565
• Form N-600
• Form N-600K
• Form 1-131 • Form 1-290B
• Form 1-212 • Form N-300
adjusting status or for Form I- • Form N-470
485) • Form N-565
• Form 1-485 • Form N-600
• Form 1-601 • Form N-600K
• Form 1-765
• Form 1-765 (submitted under 8 • Form N-300
CFR 274a.12(c)(10)) • Form N-336
• Form 1-881 • Form N-400
• Form 1-601 • Form N-470
• Form N-565
• Form N-600
• Form N-600K
• Form 1-601 • Form 1-765 (renewal
• Form 1-765 (initial 8 CFR and replacement
274a.12(c)(10) only) requests)
• FormN-300
• FormN-336
• Form N-400
• FormN-470
• FormN-565
• FormN-600
• Form N-600K
181 See INA sec. 101(a)(51)(D) and (E); 8 U.S.C. 182 See INA sec. 101(a)(51)(F); 8 U.S.C. 183 Also includes children of battered spouses and
1101(a)(51)(D) and (E). The proposed fee exemption 1101(a)(51)(F). The proposed fee exemption for children of an LPR or U.S. citizen and parents of
for Form I–765 for these categories includes all Form I–765 for this category includes all initial, battered children of an LPR or U.S. citizen under
initial, renewal, and replacement EADs filed renewal, and replacement EADs filed through final INA sec. 240A(b)(4); 8 U.S.C. 1229b(b)(4).
EP04JA23.043</GPH>
through final adjudication for adjustment of status. adjudication for adjustment of status.
• Form 1-131 • Form 1-290B

• Form 1-212 • Form N-300
485) • Form N-565
• Form 1-485 • Form N-600
• Form 1-601 • Form N-600K
• Form I-765 (initial)
• Form 1-131 • Form l-290B

• Form l-290B (only if filed for any • Form N-300
485) • Form N-470
• Form 1-485 • Form N-565
• Form 1-601 • Form N-600
• Form 1-765 • Form N-600K
Not applicable • Biometrics Fee
• Form 1-131
• Form 1-290B
• Form 1-601
• Form 1-765
• Form 1-821
Not Applicable • Form 1-290B
• Form 1-485
• Form 1-765 (renewal
request)
• Form N-300
• Form N-336
• Form N-400
• Form N-470
184 See INA sec. 106; 8 U.S.C. 1105a. The 3, G, and H Nonimmigrants are able to file under 185 See INA secs. 244 and 245(l)(7); 8 U.S.C.
proposed fee exemption for Form I–765 for these another eligible category, the applicant may be 1254a and 1255(l)(7). This category includes
categories includes all initial, renewal, and eligible for a fee waiver. applicants and recipients of TPS.
EP04JA23.044</GPH>
replacement EADs. If the abused spouses of A, E–
• Form N-600
• Form N-600K
• Form 1-765 (renewal and • Form 1-290B
replacement request) • Form N-300
• Form 1-131 • Form N-336
• Form 1-131A • Form N-400
• Form N-470
• Form N-565
• Form N-600
• Form N-600K
• Form 1-131 • Form N-300
• Form 1-360 • Form N-470
• Form 1-485 • Form N-565
• Form 1-765 (initial request for
service member)
Table i~C: Fonrts Eligible for Fee \Vaiyets un<let jNA 5ec. 245(1)(7), 8{J.S.C. 1255(1)(7);
a!}d Fee.Exemptions, as of Effective Date of this Pr<lposedRule
• Form l-290B
• Form 1-914, Supplement • Form N-300
A • Form N-336
• Form N-400
EP04JA23.046</GPH>
186 These applicants are eligible for naturalization lawful permanent residence under INA sec. 329; 8 187 See INA sec. 101(a)(15)(T); 8 U.S.C.
under INA sec. 328; 8 U.S.C. 1439. Most military U.S.C. 1440. 1101(a)(15)(T)(T nonimmigrant status for victims of
EP04JA23.045</GPH>
applicants are eligible for naturalization without severe forms of trafficking in persons).
• Form 1-914, Supplement

B • Form N-565
• Form 1-131 • Form N-600
• Form 1-192 • Form N-600K
• Form 1-193
• Form l-290B (only if filed
for any benefit request
filed before adjusting
status or for Form 1-485)
• Form 1-485
• Form 1-539
• Form 1-601
• Form 1-765 (initial,
renewal and replacement
re uests
• Form 1-918 • Form 1-192 (only if filed
• Form 1-918, Supplement with or after Form 1-485 is
A filed)
• Form 1-918, Supplement • Form 1-193 (only if filed
B with or after Form 1-485 is
• Form 1-192 (only if filed filed)
before Form 1-485 is • Form l-290B (only if filed
filed) with or after Form 1-485 is
• Form 1-193 (only if filed filed)
before Form 1-485 is • Form 1-485
filed) • Form 1-601
• Form l-290B (only if • Form 1-765 (renewal and
filed before Form 1-485 replacement requests)
is filed) • Form 1-929
• Form 1-539 (only if filed • Form N-300
before Form 1-485 is • Form N-336
filed) • Form N-400
• Form 1-765 (initial 8 • Form N-470
CFR 274a.12(a)(20) and • Form N-565
initial (c)(14) fee • Form N-600
exempt for principals • Form N-600K
and derivatives only if
filed before Form 1-485
• Form 1-360 • Form 1-131
• Form 1-131 (only when • Form 1-212

Form 1-360 and Form I-
EP04JA23.047</GPH>
485 are concurrently filed

or pending) • Form 1-485
• Form 1-212 (only when • Form 1-601
Form 1-360 and Form 1- • Form 1-765 (renewal and
485 are concurrently filed replacement requests)
or pending) • Form 1-824
• Form l-290B (if filed with • Form N-300
a standalone Form 1-360, • Form N-336
then fee exempt if filed to • Form N-400
motion or appeal Form 1-
• Form N-470
360)
• Form N-565
• Form l-290B (if Form 1-
• Form N-600
360 and Form 1-485 are
• Form N-600K
concurrently filed, then fee
exempt if filed for any
benefit request filed before
adjusting status or for
Form 1-485)
• Form 1-485 (only if filed
concurrently with Form 1-
360)
• Form 1-601 (only when
Form 1-360 and Form 1-
485 are concurrently filed
or pending)
• Form 1- 765 (initial 8 CFR
274a.12(c)(9), initial 8
CFR 274a.12 (c)(14), and
initial category (c)(31) fee
exempt for principals and
derivatives 190
• Form l-290B (only • Form 1-751
when filed for Form 1- • Form l-290B
751) • Form N-300
• Form N-336
• Form N-400
• Form N-470
• Form N-565
• Form N-600
• Form N-600K
EP04JA23.048</GPH>
• Form 1-131
• Form 1-212 • Form N-300
• Form l-290B (only if filed • Form N-336
for any benefit request • Form N-400
filed before adjusting • Form N-470
status or for Form 1-485) • Form N-565
• Form 1-485 • Form N-600
• Form 1-601 • Form N-600K
';/i';'\,SIN.:::t.\:;;I:'.tl • Form 1-765
• Form 1-765 (submitted • Form N-300

under 8 CFR • Form N-336
274a.12(c)(10)) • Form N-400
• Form 1-881 • Form N-470
• Form 1-601 • Form N-565
• Form N-600
• Form N-600K
• Form 1-601 • Form 1-765 (renewal and

• Form 1-765 (initial 8 CFR replacement requests)
Jj/"'•"·1!'.llf:01':,•:1
274a.12(c)(10) only) • Form N-300
• Form N-336
• Form N-400
• Form N-470
• Form N-565
• Form N-600
• Form N-600K
• Form l-765V 196 Not applicable
• Form l-290B
• Form 1-212 • Form N-300
EP04JA23.049</GPH>
filed before adjusting

• Form 1-360 • Form N-600
• Form 1-485 • Form N-600K
• Form 1-765 (initial)
• Form 1-601
• Form 1-131 • Form l-290B

filed before adjusting • Form N-400
• Form 1-360 • Form N-565
• Form 1-485 • Form N-600
• Form 1-601 • Form N-600K
• Form 1-765
• Form 1-821 (only re- • Biometrics Fee
registration) • Form 1-131
• Form l-290B
• Form 1-601
• Form 1-765
• Form 1-821
• Form 1-131 (Only if an • Form l-290B
asylee applying for a • Form 1-485
Refugee Travel Document • Form I-765 (renewal
or advance parole filed request)
Form 1-485 on or after • Form N-300
July 30, 2007, paid the • Form N-336
Form 1-485 application fee • Form N-400
required, and Form 1-485 • Form N-470
is still pending.)
• Form N-565
• Form 1-589
• Form N-600
• Form 1-602
• Form N-600K
• Form 1-730
• Form 1-765 (initial request
by asylees and initial
request by asylum
applicants with a pending
Form I-589
• Form I-290B
• Form I-131A • Form N-300

• Form I-485 • Form N-336
• Form I-590 • Form N-400
EP04JA23.050</GPH>
• Form 1-730 • Form N-565

• Form 1-765 (initial, • Form N-600
renewal, and replacement • Form N-600K
request)
• Form 1-131 • Form N-300

• Form 1-360 • Form N-470
• Form 1-485 • Form N-565
• Form 1-765 (initial request
for service member)
• Form N-336
• Form N-400
• Form N-600
• Form N-600K
BILLING CODE 9111–97–C C. Request for Comments error or network outages, USCIS
DHS welcomes comment on the (through the U.S. Department of the
188 See INA sec. 101(a)(15)(U); 8 U.S.C. proposed changes to which categories of Treasury (Treasury)) will resubmit
1101(a)(15)(U) (U nonimmigrant status for victims petitioners and applicants are exempt rejected payment instruments to the
of qualifying criminal activity). from the fees or which forms should be appropriate financial institution one
189 This category includes VAWA self-petitioners
fee exempt, the annual and cumulative time. See 8 CFR 103.2(a)(7)(ii)(D). DHS’s
and derivatives as defined in INA sec. 101(a)(51)(A) intent was to submit only checks that
and (B) and those otherwise self-petitioning for estimated transfer cost, requests to
immigrant classification under INA sec. 204(a)(1). which costs should be shifted, and the were dishonored due to insufficient
See INA sec. 101(a)(51); 8 U.S.C. 1101(a)(51). See reason as to why the particular group funds because the Treasury check
INA sec. 204(a); 8 U.S.C. 1154(a). should be fee exempt. clearance regulations only permit an
190 Under this proposed rule, the category (c)(31)
agency to redeposit a check that was
EAD provided through Form I–360 will continue to VIII. Other Proposed Changes in the FY
be fee exempt. In addition, all Form I–765s filed for dishonored due to insufficient funds.199
an initial 8 CFR 274a.12(c)(9), 8 CFR 274a.12(c)(14),
2022/2023 Fee Schedule Although Treasury does not permit
and an initial category (c)(31) EAD will also be fee A. Clarifying Dishonored Fee Check Re- redeposit of checks dishonored for any
exempt for both self-petitioners and derivatives. other reason, some stakeholders have
191 See INA secs. 101(a)(51)(C) and 216(c)(4)(C)
Presentment Requirement and Fee
and (D); 8 U.S.C. 1101(a)(51)(C) and 1186a(c)(4)(C) Payment Method interpreted 8 CFR 103.2(a)(7)(ii)(D) as
and (D). requiring DHS to redeposit any check
USCIS is proposing to clarify that it
192 See INA sec. 101(a)(51)(D) and (E); 8 U.S.C. that is returned as unpayable. Several
will not redeposit financial instruments
1101(a)(51)(D) and (E). The proposed fee exemption petitioners have had fee payment checks
for Form I–765 for these categories includes all returned as unpayable for a reason other
dishonored because the petitioner (or
initial, renewal, and replacement EADs filed than insufficient funds. See proposed 8
through final adjudication for adjustment of status. law firms paying the fee on the
CFR 103.2(a)(7)(ii)(D). In the FY 2016/
193 See INA sec. 101(a)(51)(F); 8 U.S.C.
2017 fee rule, DHS amended the petitioner’s behalf) have placed a fraud
1101(a)(51)(F). The proposed fee exemption for
regulations regarding how USCIS treats hold on their checking account, stopped
Form I–765 for this category includes all initial, payment on the check, or the check
renewal, and replacement EADs filed through final a benefit request accompanied by fee
adjudication for adjustment of status. payment (in the form of check or failed a third-party validation process.
194 Also includes children of battered spouses and
another financial instrument) that is DHS appreciates the concerns about
children of an LPR or U.S. citizen and parents of
subsequently returned as not payable. fraudulent or counterfeit checks and the
battered children of an LPR or U.S. citizen under impacts on petitioners and beneficiaries
INA sec. 240A(b)(4); 8 U.S.C. 1229b(b)(4). See 81 FR 73313–73315 (Oct. 24, 2016);
195 See INA sec. 106; 8 U.S.C. 1105a. The 8 CFR 103.2(a)(7)(ii) and 103.7(a)(2). If when the petitioner or their bank
proposed fee exemption for Form I–765 for these a financial instrument used to pay a fee accidently or erroneously stop payments
categories includes all initial, renewal, and is returned as unpayable after one or dishonor checks. In the few cases
replacement EADs. If the abused spouses of A, E– where checks to USCIS have been
representment, USCIS rejects the filing
3, G, and H Nonimmigrants are able to file under

another eligible category, the applicant may be and imposes a standard $30 charge. Id. dishonored due to anti-fraud
eligible for a fee waiver. In the preamble to the FY 2016/2017 fee mechanisms, USCIS has not seen an
196 The fee exemption for Form I–765V for this
rule, DHS stated that, to make sure a
category includes all initial, renewal, and 199 See 31 CFR 210.3(b)(1)(i); National Automated
replacement EADs. payment rejection is the result of
Clearing House Association, 2019 NACHA
197 See INA secs. 244 and 245(l)(7); 8 U.S.C. insufficient funds and not due to USCIS Operating Rules & Guidelines: The Guide to the
1254a and 1255(l)(7). This category includes Rules Governing the ACH Network, Subsection
applicants and recipients of TPS. applicants are eligible for naturalization without 2.5.13.3 (limiting redepositing a check to those that
198 These applicants are eligible for naturalization lawful permanent residence under INA sec. 329; 8 are returned due to ‘‘Not Sufficient Funds,’’ ‘‘NSF,’’
EP04JA23.051</GPH>
under INA sec. 328; 8 U.S.C. 1439. Most military U.S.C. 1440. ‘‘Uncollected Funds,’’ or comparable).
instance where the account was frozen important deadline. For example, USCIS 106.1(d). Although commercial banks
as a result of actual, fraudulent activity, has permitted an applicant to submit use a guideline of 6 months, rejecting a
and the remitting institution has Form I–821 after the deadline 201 and check that is dated more than a year
acknowledged its fault or error in adjudicated a Form I–485 filed after the earlier is also consistent with the time
dishonoring the fee checks. applicant’s U nonimmigrant status had limit for a check issued by the U.S.
Nevertheless, USCIS is not responsible expired because the initial, timely filing Treasury. See 31 CFR 245.3(a) (Any
for ensuring that a petitioner’s or was rejected because the applicant claim on account of a Treasury check
financial institution’s check writing submitted a fee check that was more must be presented to the agency that
procedures do not go awry and allowing than one year old.202 While most authorized the issuance of such check
resubmission of correctly rejected personal and business checks do not within 1 year after the date of issuance
requests adds work to an already expire, they become what is known as of the check or within 1 year after
burdened USCIS intake system. In ‘‘stale dated’’ 6 months after they are October 1, 1989, whichever is later.).
addition to most redeposits being written.203 In addition, many business Rejection of a stale or expired check will
impracticable and in violation of entities provide that their checks expire not be mandatory, so USCIS will still
Treasury regulations, the reason DHS after a certain period, such as 90 days, have the authority to waive the check
provided the check representment if not cashed, because they are date requirements in exigent
requirement in § 103.2(a)(7)(ii)(D) did concerned about the timeliness and circumstances or on a per case basis,
not materialize, because in the almost accuracy of their accounting records if such as when surges in volume reduce
five years since the requirement was checks that they issue are valid for a USCIS’ ability to timely intake requests
codified, DHS has rejected no payment longer period, notwithstanding that the and deposit checks. For example, USCIS
because of USCIS error or network Uniform Commercial Code (UCC) offered flexibility to lockbox filers
outages. See 81 FR 73314.200 Therefore, provides that a bank may delay access whose initial filings were rejected solely
to comply with the Treasury to the funds from or is not obligated to because a filing fee payment that
regulations, because representment of deposit, cash, honor, or pay a stale expired while the benefit request was
other dishonored checks is not check.204 USCIS projects that it will awaiting processing between Oct. 1,
permitted and futile, and representment receive an average of 6,510,442 IEFA 2020, and April 1, 2021.207
has proven to not be necessary to non-premium fee payments per year.205
B. Payment Method
protect the public from the Government It is important that its requirements for
failings that were feared when the payment instruments provide certainty Currently, USCIS uses the following
provision was implemented, DHS is and minimize the likelihood of a payment methods:
proposing in this rule that if a check or payment being dishonored. And, while • For forms accepted at USCIS
other financial instrument used to pay USCIS has experienced delays in lockboxes 208—Check, money order, or
a fee is returned as unpayable because receipting requests due to the COVID credit card.209
of insufficient funds, USCIS will pandemic, many requests have been • For online filing—Pay.gov payment
resubmit the payment to the remitter received with checks that are very close submission which includes credit cards,
institution one time. If the remitter to the check expiration date.206 To debit cards and Electronic Funds
institution returns the instrument used reduce dishonored payments and to Transfer using routing and account
to pay a fee as unpayable a second time, alert those who submit fee checks to numbers.
USCIS will reject the filing. See • For fees paid at a field office—
USCIS to monitor their expiration dates,
proposed 8 CFR 103.2(a)(7)(ii)(D). Pay.gov only.
DHS proposes to codify its policy of • For immigrant fees paid by
In addition, DHS proposes two rejecting 365-day-old checks and checks
changes to address stale or expired immigrants seeking entry into the
where the expiration date on their face United States with a visa—Pay.gov only.
checks. First, DHS proposes that that it has passed to provide requestors with a DHS also proposes to codify that
may reject a request that is accompanied reasonable amount of flexibility in case
by a check that is dated more than 365 USCIS may require that certain fees be
there are delays with their filing. paid using a certain payment method or
days before the receipt date. Proposed 8 Proposed 8 CFR 103.2(a)(7)(ii)(D);
CFR 103.2(a)(7)(ii)(D). Second, DHS that certain fees cannot be paid using a
proposes that it will not be responsible particular method. Proposed 8 CFR
201 See 8 CFR 244.17(a) (‘‘Applicants for periodic
for financial instruments that expire re-registration must apply during the registration
106.1(b). For example, USCIS may
before they are deposited and USCIS period provided by USCIS.’’). require that a request be submitted by
may reject any filing for which a 202 See 8 CFR 245.24(b)(2)(ii) (requiring the using Pay.gov, a secure portal that
required payment cannot be processed applicant to hold U nonimmigrant status at the time transmits an applicant’s payment
of application). information directly to the U.S.
due to expiration of the financial 203 A bank is under no obligation to a customer
instrument. Proposed 8 CFR 106.1(d). having a checking account to pay a check, other
Treasury for processing, or may
Currently, USCIS policy is to reject a than a certified check, which is presented more preclude the use of certain payment
check that is dated more than a year than 6 months after its date, but it may charge its
customer’s account for a payment made thereafter 207 See USCIS, ‘‘USCIS Announces Lockbox
before it is submitted. However, that in good faith. See UCC 4–404 (2002). Filing Flexibilities,’’ available at https://
policy is not codified, and DHS has 204 Id. See also Aliaga Medical Center, S.C. v. www.uscis.gov/news/alerts/uscis-announces-
been sued or threatened with litigation Harris Bank N.A., 21 NE3d 1203 (IL App (1st), Nov. lockbox-filing-flexibilities (June 10, 2021).
multiple times when a check that was 10, 2014) (holding that check expiration is generally 208 Lockboxes that specialize in the intake and
dated more than a year before it was governed by the account agreement between the deposit of multiple payment types receive about 53
bank and customer and the preprinted term ‘‘void’’ percent of all USCIS filings.
submitted was the basis of a rejection or phrase ‘‘void after 90 days,’’ on a check does not 209 USCIS recently launched a pilot program to
that caused the requestor to miss an mean that the check cannot be presented, paid, and test the acceptance of credit cards for payment of
accounted for as a check in the normal course of fees for benefit requests filed at service centers. See
200 The final FY 2016/2017 fee rule stated, ‘‘To the account’s regular operation). USCIS, ‘‘USCIS Announces Pilot Program for Credit
205 See section V.B.1.b, Fee-Paying Volume, of
make sure that a payment rejection is the result of Card Payments Using Form G–1450 When Filing
insufficient funds and not due to USCIS error or this preamble. Form I–485,’’ available at https://www.uscis.gov/
network outages, USCIS (through Treasury) will 206 See, e.g., USCIS Lockbox Updates, at https:// news/alerts/uscis-announces-pilot-program-for-
resubmit rejected payment instruments to the www.uscis.gov/news/alerts/uscis-lockbox-updates credit-card-payments-using-form-g-1450-when-
appropriate financial institution one time.’’ (Jan. 8, 2021). filing-form-i-485 (June 2, 2021).
types, such as cashier’s check and changes to acceptable means of payment much time passes between USCIS’
money orders for the payment of a for each immigration benefit request, receipt of the request and completion of
particular form or when payments are DHS will consider the availability of the adjudication process.213 As
made at certain offices. The proposed internet access and different means of previously discussed, DHS is authorized
change provides that the payment payment to the affected populations. to establish fees to recover the costs of
method will be described in the form Lockboxes that specialize in the providing USCIS adjudication and
instructions (including for online filing) intake and deposit of multiple payment naturalization services. See INA sec.
or by individual notice (a bill, invoice, types receive about 53 percent of all 286(m) and (n); 8 U.S.C. 1356(m) and
appointment confirmation, etc.); USCIS filings. However, the (n). Although fees are set to recover the
thereby, requestors will be clearly requirements and circumstances for the cost of processing an immigration
notified of any limitations on the filing of some requests do not permit benefit request, they must be paid in
payment method for the request they are lockbox submission and intake, and the advance of the request being processed.
filing. However, this proposed change request must be filed at a particular Therefore, fees are due at the time of
provides the authority prospectively, office or in person. Various offices, such filing and are required in order for
and USCIS is proposing no forms as field offices, embassies, and USCIS to receipt the request and issue
changes with this rule that will impose consulates, are limited in the method of a receipt date. See 8 CFR
any specific limits on acceptable payment that they can receive or 103.2(a)(7)(ii)(D). A benefit request will
payments on the date this rule would process. Additionally, certain payment be rejected if it is not submitted with the
take effect. The payment method for a methods, such as checks or cash, require correct fee(s), and the fee is not
particular form will be changed in the time-intensive procedures for cashiers refundable, regardless of how much
future only after the subject form and their supervisors to input, time is required to complete
instructions are revised in accordance reconcile, and verify their daily receipts adjudication or the decision that USCIS
with the Paperwork Reduction Act and deposits. Generally, Federal agency makes on the case.
(PRA). offices must deposit money that they Because fees are non-refundable, DHS
For the 2020 fee rule, commenters receive on the same day that it is further proposes to clarify that fees paid
wrote that requiring online or electronic received. See 31 U.S.C. 3720(a); 31 CFR to USCIS using a credit card are not
payments would restrict immigration 206.5; U.S. Treasury, ‘‘Treasury subject to dispute, chargeback, forced
benefits for individuals who lack Financial Manual’’ Vol. 1, Part 5, refund, or return to the cardholder for
computer and internet access, that it is Chapter 2000, Section 2055.211 There any reason except at the discretion of
important to permit cashier’s checks are additional requirements and USCIS. USCIS continues to expand the
and money orders because they are guidance for timely record keeping and acceptance of credit cards for the
available to individuals without banking redundancy in personnel that similarly payment of USCIS fees. The increased
services such as a credit card, and that increase workload and processing costs. acceptance of credit cards for the
many immigrant households lack access See 31 U.S.C. 3302(e); U.S. Treasury, payment of USCIS fees has resulted in
to checking and savings accounts or ‘‘Treasury Financial Manual’’ Vol 1, Part a sizeable increase in the number of
they are unbanked or underbanked. 85 5, Chapter 2000, Section 2030; see also disputes filed with credit card
FR 46877. DHS has determined that any GAO, GAO–14–704G ‘‘Standards for companies challenging USCIS’ retention
person who can purchase a cashier’s Internal Control in the Federal of the fee. Disputes are generally filed
check or money order from a retailer can Government’’ (2014).212 The time that by requestors whose request was
similarly purchase a prepaid debit card USCIS spends complying with payment denied, who have changed their mind
that can be used to pay their benefit processing requirements could be used about the request, or assert that the
request fee using USCIS Form G–1450 to adjudicate cases. This proposed service was not provided or was
or the Pay.gov online payment platform. change to codify that fees must be paid unreasonably delayed. USCIS records
In addition, filers may split the fees using the method that USCIS prescribes, show that credit card companies
between more than one credit card, and as provided in the form instructions or generally side with their cardholders in
the credit card does not have to be the by individual notice, would also permit these disputes and they determine that
applicant’s if the owner of the credit USCIS to reduce administrative burdens USCIS fails to adequately warn the
card authorizes its use. Therefore, DHS and processing errors associated with cardholder that the fee is not refundable
believes that requiring the use of a fee payments. and due regardless of the result of the
check, credit, or debit card will not case or the time required to adjudicate
prevent applicants or petitioners from C. Non-Refundable Fees
it.214 In those instances, USCIS has not
paying the required fees. While DHS Currently, USCIS filing fees generally received payment for adjudication of the
does not permit the use of gift cards that are non-refundable and must be paid request.
cannot be reloaded, reloadable debit when the benefit request is filed. See 8 When USCIS performs services for
cards are available for purchase at most CFR 103.2(a)(1). DHS is proposing to which a fee has not been paid, such as
convenience, pharmacy, department, clarify that fees are non-refundable when the fee is charged-back by a credit
and grocery stores, or online.210 In regardless of the result of the card company, the costs incurred must
addition, resources such as libraries immigration benefit request or how
offer free online services, access to 213 In USCIS parlance, rejection of a receipt
information, and computers that the 211 Agencies may accumulate deposits less than happens in the initial filing stage. USCIS provides
public may use to access forms and $5,000 until they reach $5,000 or a given Thursday. a receipt notice for accepted requests and a
U.S. Treasury, ‘‘Treasury Financial Manual’’ Vol 1, rejection notice for rejected requests. See 8 CFR
complete, print or submit them. Part 5, Chapter 2000, https://tfm.fiscal.treasury.gov/ 103.2(a)(7). For example, Form I–797C, Notice of
Nevertheless, in evaluating future v1/p5/c200.html. Action, will state if a request was accepted or
212 Principle 10, Design Control Activities, states rejected. A denial, on the other hand, is a decision
210 See, for example, ‘‘Visa Prepaid Cards Easy to that management should control information that the request is not eligible for immigration
use and reloadable, Visa Prepaid cards go processing and segregation of duties to reduce risk, benefits for which it was filed after adjudication.
everywhere you do. No credit check or bank and it should correctly and promptly record Fees are not returned when a request is denied.
account needed.’’ https://usa.visa.com/pay-with- transactions. GAO, ‘‘Standards for Internal Control 214 In FY 2020, credit card issuers revoked the fee
visa/find-card/get-prepaid-card (last viewed June in the Federal Government’’ (Sept. 10, 2014), from USCIS in 855 of 1,182 disputes filed, or
15, 2021). https://www.gao.gov/assets/670/665712.pdf. roughly 72 percent.
be funded by other fee payers. As the matter, nor does DHS or USCIS have a FR 26917 and 81 FR 73325. For many
dollar amount of fees paid with credit specific statutory authorization or years, there has been a single biometric
cards continues to increase, an increase requirement to do so. Therefore, DHS is services fee that includes four separate
in the number of credit card disputes not required to charge a returned check costs:
and chargebacks has the potential to fee. Based on the cost to USCIS and that • FBI Name Checks;
have a significant negative fiscal effect the bad check fees add nothing to USCIS • FBI fingerprints;
on USCIS. Therefore, DHS is proposing revenue, DHS proposes to remove the • Application Support Center (ASC)
to provide that fees paid to USCIS for $30 fee from regulations. contractual support; and
immigration benefit requests will not be • Biometric service management
E. Changes to Biometric Services Fee overall, including Federal employees at
refunded regardless of the result of the
benefit request or how much time the 1. Incorporating Biometric Activities the ASC locations.
Into Immigrant Benefit Request Fees In the FY 2022/2023 fee review,
adjudication requires, and that fees paid
USCIS identified each of these four
to USCIS using a credit card are not DHS proposes to incorporate the costs as distinct activities in the ABC
subject to dispute by the cardholder or biometric services cost into the model. These four activities replace the
charge-back by the issuing financial underlying immigration benefit request single biometric activity that USCIS
institution. See proposed 8 CFR fees based on the applicable biometric used in previous fee reviews.218 USCIS
103.2(a)(1); 8 CFR 106.1(e). If the services for each benefit request and the used volume estimates to allocate these
institution that issues the credit card associated costs as estimated in the ABC costs to the proposed immigration
rescinds the payment of the fee to model. Currently, a separate $85 benefit requests to which they generally
USCIS, USCIS may reject the request if biometric services fee may apply apply. The biometric volume estimates
adjudication is not complete, or revoke depending on the immigration benefit were specific to the projected workload
the approval or convert the denial to request 217 or other circumstances. See 8 for FBI Name Checks, FBI fingerprints,
rejection, and invoice the responsible CFR 103.7(b)(1)(i)(C) (Oct. 1, 2020). and contractual support at the ASC
party (applicant, petitioner, or USCIS currently provides web content, locations. In most cases, these estimates
requestor) and pursue collection of the form instructions, and other information used the average proportion of workload
unpaid fee in accordance with 31 CFR to help individuals assess whether they for each immigration benefit request.
parts 900 through 904 (Federal Claims need to pay the biometric services fee. The data on ASC Production and FBI
Collection Standards) if the adjudication USCIS rejects an application, petition, Name Checks are from FY 2015 to FY
is complete.215 or request that fails to pay the separate 2017. The FBI Fingerprints data used FY
D. Eliminating $30 Returned Check Fee biometric services fee, if it applies. See 2016 to FY 2018. While the information
8 CFR 103.17(b) (Oct. 1, 2020). DHS does not cover the most recent years,
DHS also proposes to amend its proposes to incorporate the cost of
regulations to remove the $30 charge for USCIS believes it is the most
biometric services into the underlying appropriate information to use for this
dishonored payments. See 8 CFR immigration benefit request fees using
103.7(a)(2)(i) (Oct. 1, 2020). USCIS data calculation because it reflects biometric
its ABC model to simplify the fee collection rates before the pandemic and
indicate that the cost of collecting the structure, reduce rejections of benefit
$30 fee outweighs the benefits to the before increased collection of biometrics
requests for failure to include a separate for certain populations. For example,
Government derived from imposing and biometric services fee, and better reflect
collecting the fee. For example, in FY the data excludes higher biometric
how USCIS uses biometric information. service rates for Form I–539 after a 2019
2016, USCIS collected a total of DHS has broad statutory authority to
$416,541 from the $30 returned check form revision.219 USCIS temporarily
collect biometric information when suspended biometric collection for
fee while the financial service provider such information is ‘‘necessary’’ or
billed $508,770 to collect the $30 fee. In Form I–539 during the pandemic.220
‘‘material and relevant’’ to the Thus, the information considered will
FY 2020, USCIS recovered only administration and enforcement of the
$199,829 from the returned check fee. more closely reflect the annual volume
INA. See, e.g., INA secs. 103(a), of biometrics submissions that USCIS
Although USCIS no longer discretely 235(d)(3), 264(a); 8 U.S.C. 1103(a),
tracks the costs associated with expects during FY 2022/2023. These
1225(d)(3), 1304(a). The collection, use, proportions of each biometric service to
processing returned checks, USCIS is at and reuse of biometric data are integral
a net loss when processing returned receipts can vary, because there is not
to identity management, criminal always a one-to-one relationship
checks. USCIS also bears the cost and background checks, investigating and
time of processing the returned check. between a specific benefit request and a
addressing national security concerns, biometric service. For example, USCIS
Furthermore, USCIS does not retain the and maintaining program integrity.
$30 fee for deposit into the IEFA with may not require submission of
In previous fee rules, USCIS evaluated
other immigration benefit request fees. the biometric activity cost as a single 218 The single biometric service activity was
USCIS deposits the fee in Treasury’s biometric services fee separate from the called Perform Biometric Services in the FY 2016/
general fund; thus the $30 fee does not underlying application, petition, or 2017 fee review. See 81 FR 26913–26914.
provide revenue to USCIS. As such, request. In the FY 2016/2017 fee review, Previously, USCIS called the activity Capture
USCIS would not benefit from DHS Biometrics. See 75 FR 33459 (June 11, 2010) and
USCIS called the activity Perform 72 FR 4897 (Feb. 1, 2007).
proposing changes to this fee. Biometric Services. See 81 FR 26913. 219 See USCIS, ‘‘UPDATE: USCIS to Publish
Although agencies may prescribe
USCIS clarified that persons filing a Revised Form I–539 and New Form I–539A on
regulations establishing the charge for a benefit request may be required to March 8’’ available at https://www.uscis.gov/news/
service or thing of value provided by the submit biometrics or be interviewed and alerts/update-uscis-to-publish-revised-form-i-539-
agency 216 Federal agencies are not and-new-form-i-539a-on-march-8 (last updated
pay the biometric services fee. See 81 March 5, 2019).
required to impose fees as a general 220 See USCIS, ‘‘USCIS Temporarily Suspends
217 For a quick reference of the immigration Biometrics Requirement for Certain Form I–539
215 USCIS may also prohibit the payment of fees benefit requests that currently require biometric Applicants’’ available at https://www.uscis.gov/
using a credit card from a financial institution that services with the initial submission, see USCIS, news/alerts/uscis-temporarily-suspends-biometrics-
routinely rescinds fee payments due to disputes. Form G–1055, Fee Schedule, available at https:// requirement-for-certain-form-i-539-applicants (last
216 See 31 U.S.C. 9701. www.uscis.gov/g-1055. updated May 13, 2021).
biometrics if it resubmits existing, fee and fund biometric services from the filing certain requests with EOIR 221
stored biometric information to the FBI. revenue received from the underlying submit a biometric services fee. See
As another example, some immigration immigration benefit request fees. proposed 8 CFR 103.7(a)(2). DHS,
benefit requests, like adoption petitions However, DHS proposes to retain a including USCIS, handles all aspects of
and applications, require that all adults separate biometric services fee for TPS. biometrics collection for EOIR and
in a household submit biometric See proposed 8 CFR 106.2(a)(48)(iii). conducts background security checks
information. See, e.g., 8 CFR While the TPS registration fee is for individuals in immigration
204.310(a)(3)(ii) and (b). As such, a capped by INA sec. 244a(c)(1)(B), 8 proceedings.222 This fee is necessary to
single adoption petition or application U.S.C. 1254a(c)(1)(B) at $50, DHS has recover the costs USCIS incurs
may require more than one adult to specific statutory authority to collect performing that service for EOIR. When
submit biometric information. Using ‘‘fees for fingerprinting services, individuals in immigration proceedings
biometric volumes specific to individual biometric services, and other necessary before EOIR seek to file an application
biometric activities enables USCIS to services’’ when administering the TPS for relief or protection from removal
better forecast biometric costs and program. See 8 U.S.C. 1254b. USCIS with the immigration court they are
attribute them to specific benefit collects biometrics for TPS registrants. instructed to pay any applicable
requests. DHS proposes to incorporate USCIS requires certain TPS initial biometrics and application fees to DHS.
biometric costs into IEFA immigration applicants and re-registrants to pay the See 8 CFR 1103.7(a)(3).223 As previously
benefit request fees by using this biometric services fee in addition to the explained, while DHS proposes to
biometric activity-specific information fees for Form I–821, Application for incorporate the costs of biometric
in the proposed fees. See proposed 8 Temporary Protected Status, and for services into its underlying immigration
CFR 106.2. Form I–765, Application for benefit request fees, DHS has no
The proposed changes in this rule Employment Authorization, if they want authority to change the amounts it
may assist USCIS as it shifts to an employment authorization receives from any EOIR fees to recover
enterprise-wide person-centric identity document. See Instructions for Form I– the costs it incurs for biometric services
management. A person-centric view of 821. The model output of other fees (which includes background checks).
the data allows adjudicators to see indicates that the $50 amount provided Under this proposed rule, DHS
relevant information for an individual by statute does not recover the full cost proposes to adjust the biometric services
across multiple benefits requests and of adjudicating these benefit requests. fee for those requests filed with and
systems. USCIS aims to improve how it To reduce the costs of TPS that USCIS processed by USCIS. DHS proposes to
acquires, stores, manages, shares, and must recover from fees charged to other use the same $30 fee using the same
uses identity data—making all relevant immigration benefit requests, DHS estimates as described for the proposed
information accessible and usable in proposes to require a $30 biometric TPS biometrics fee above. Consequently,
support of adjudications. For example,
services fee for TPS initial applications DHS proposes a biometric services fee of
if USCIS modifies the types of
and re-registrations. See proposed 8 CFR $30 for certain forms for which it
background checks conducted, then
106.2(a)(48)(iii). As stated previously, performs intake and biometrics services
DHS may propose to increase the fee as
while DHS follows OMB Circular A–25, on behalf of EOIR. See proposed 8 CFR
appropriate for the affected immigration
we are not required to set specific fees 103.7(a)(2).
benefit requests. This approach may
at the costs of the benefit request or
ensure that the affected customers F. Naturalization and Citizenship-
adjudication or naturalization service
would pay the appropriate fee rather Related Forms
for which the fee is being charged.
than pass the cost burden of all other
Nevertheless, DHS based the proposed Aside from updating the fees for
biometric services to other unrelated
$30 biometric services fee on the direct naturalization and citizenship-related
customers.
USCIS forecasts biometric workload costs of collecting, storing, and using forms, DHS proposes to continue
volumes by immigration benefit request biometric information for TPS initial offering fee waivers for the
type in order to assign biometrics costs applications and re-registrations. naturalization forms. See section VI.E of
to the appropriate immigration benefit Currently, USCIS pays approximately this preamble. For a general discussion
request. Assigning costs to the $11.25 to the FBI for fingerprinting on how fee waivers, limited fee
underlying immigration benefit request results. USCIS calculated that biometric increases, and fee exemptions affect
type may reduce the administrative collection, storage, and use at an ASC proposed fees, see section IV of this
burden on USCIS to administer the costs approximately $19.50. These same preamble.
separate fee and make it easier for ASC and FBI rates apply to TPS and all The fee-paying unit costs represent
applicants, petitioners, and beneficiaries other requests that use these services. the estimated cost per fee-paying
to calculate the total payment that is The sum of these costs is approximately applicant as calculated in the USCIS
due. However, USCIS proposes to retain $31. DHS rounded the proposed fee to
the separate biometric services fee for the nearest $5 increment, similar to 221 EOIR is a component of the DOJ and includes
specific workloads, as described in the other IEFA fees, making the proposed the Office of the Director, the Board of Immigration
fee $30. The proposed fee is less than Appeals, the Office of the Chief Immigration Judge,
next section. the Office of the Chief Administrative Hearing
the current $85 biometric services fee Officer, the Office of Policy, and other staff as the
2. Retaining the Separate Biometric because the current fee includes indirect Attorney General or the Director may provide. See
Services Fee for Temporary Protected
costs. The FY 2016/2017 fee rule held 8 CFR 1003.0. USCIS provides intake services for
Status the biometric services fee to $85, which several requests filed with, and adjudicated by,
EOIR, for which biometrics may be required.
DHS has excluded from USCIS’ ABC has not changed since the FY 2010/2011 222 Guidance is available at ‘‘Immigration Benefits
model for this proposed rule the costs fee rule. in EOIR Removal Proceedings,’’ at https://
and revenue associated with TPS, 3. Executive Office for Immigration
www.uscis.gov/laws/immigration-benefits-eoir-
consistent with the previous fee rule. removal-proceedings (last updated Aug. 5, 2020).
Review Biometric Services Fee 223 This regulation provides that, except as
See 81 FR 73312–73313. In addition, as provided in 8 CFR 1003.8, EOIR does not accept
noted above, DHS proposes generally to Similarly, DHS is maintaining the fees, and that fees relating to EOIR proceedings are
eliminate a separate biometric services current requirement that applicants paid to DHS.
ABC model.224 However, as to Forms N– its current fee structure. If the two available. See section VIII.G of this
565 and N–600K, both the current fees difference columns in Table 14 are preamble. However, DHS does not
and the proposed fees are less than the negative, then DHS proposes to propose separate online and paper filing
estimated cost (fee-paying unit cost) for maintain the current practice by keeping fees for naturalization services because
each naturalization form. For example, the proposed fee below the estimated the proposed naturalization fees are
the current fee for Form N–400 is $231 cost. If the two difference columns are based on the current fees instead of ABC
less than the fee-paying unit cost positive, then DHS proposes to recover model results. Specifically, as a general
estimated in the FY 2016/2017 fee rule. more than full cost in order to fund matter, the proposed fees are
See Table 14. The proposed fee for Form operations and policy objectives, like approximately 18 percent more than the
N–400 is $296 less than the estimated offering fee waivers and charging less current fees, based on a calculation
FY 2022/2023 fee-paying unit cost. Id. than full cost for other naturalization described in section V.B.3 of this
As such, while DHS proposes to fees. preamble. However, for Forms N–565
increase the fee for Form N–400, DHS DHS further proposes separate online and N–600K, the proposed fees are
likewise proposes to recover a smaller and paper fees for some benefit types. below the estimated cost from the ABC
percentage of the estimated cost for Proposed online filing fees are lower model, thus DHS proposes no discount
adjudicating Form N–400 than it does in than proposed paper filing fees, when for online filing of the N-forms.
Table 14: Naturalization Fees and Cost Estimates Compared

Immigration Benefit FY 2016/2017 Current Difference FY Proposed Difference
Request Fee-Paying Fee Between 2022/2023 Fee Between
Unit Cost Current Fees Fee-Paying Proposed Fees
and Cost Unit Cost and Cost
Estimate Estimate
(Current Fee (Proposed Fee
minus FY minus FY
2016/2017 2022/2023 Unit
Cost) Cost)
N-300 Application to File $840 $270 -$570 $789 $320 -$469
Declaration of Intention
N-336 Request for a $1,294 $700 -$594 $1,537 $830 -$707
Hearing on a Decision in
Naturalization
Proceedings (Under
Section 336 of the INA)
N-400 Application for $871 $640 -$231 $1,056 $760 -$296
Naturalization
N-470 Application to $792 $355 -$437 $1,511 $420 -$1,091
Preserve Residence for
Naturalization Purposes
N-565 Application for $399 $555 $156 $375 $555 $180
Replacement
Document
N-600 Application for $841 $1,170 $329 $1,474 $1,385 -$89
Certificate of Citizenship
N-600K Application for $841 $1,170 $329 $1,048 $1,385 $337
Citizenship and Issuance
of Certificate Under
Section 322
1. Application for Naturalization (Form naturalization applicants pay an approximately 5 percent more than the
N–400) Fee additional $85 biometric services fee, current Form N–400 and biometric
making the current total fees for Form service fees that most applicants
DHS proposes to increase the fee for
N–400 total $725. This rule proposes to currently pay. For comparison, the
Form N–400, Application for
add the cost of biometric services to the inflation since the current fees became
Naturalization, from $640 to $760, a

$120 or 19 percent increase. See 8 CFR underlying form fee. See section VIII.E effective is approximately 19.75
103.7(b)(1)(i)(BBB) (Oct. 1, 2020); of this preamble. As such, the proposed percent.225 If DHS adjusted the Form N–
proposed 8 CFR 106.2(b)(4). Most fee for Form N–400 is only $35 or 400 and biometric services fees by
224 For more information, see the FY Immigration for all urban consumers (CPI–U) was 241.432 in (CPI–U) tables, available at https://data.bls.gov/
Examinations Fee Account Fee Review Supporting Dec. 2016 and 289.109 in Mar. 2022. The change timeseries/CUUR0000SA0. DHS has not recently
Documentation (supporting documentation). in the Index over these two periods was 47.68 or adjusted IEFA fees by CPI–U inflation, but provides
225 Current fees became effective on Dec. 23, 19.75 percent. See U.S. Department of Labor, this figure as a point of comparison.
EP04JA23.052</GPH>
2016. See 81 FR 73292. The consumer price index Bureau of Labor Statistics, All Urban Consumers
inflation, then the proposed fees would Application for Naturalization, from explained, DHS proposes to keep the
total $865, $140 more than the current $640 to $1,170. See 8 CFR reduced fee option for those
fees for Form N–400.226 DHS provides 103.7(b)(1)(i)(BBB); 8 CFR 106.2(b)(3) naturalization applicants with family
this inflation-adjusted fee amount only (Oct. 2, 2020). DHS determined that incomes not more than 200 percent of
as a point of comparison. shifting costs to other applicants in the the FPG. See 8 CFR
Prior fee rules shifted a portion of the manner that it had in previous fee rules 103.7(b)(1)(i)(BBB)(1) (Oct. 1, 2020). The
Form N–400 cost to other fee-paying was ‘‘not equitable’’ given the current N–400 reduced fee is $320 plus
immigration benefit requestors, and significant increase in Form N–400 the $85 biometrics fee. The proposed N–
DHS proposes to maintain that filings in recent years. See 84 FR 62316. 400 reduced fee is $380, a $60 or
approach. In the FY 2010/2011 and the Therefore, to mitigate the fee increase of approximately 19 percent increase from
FY 2016/2017 fee rules, the Form N–400 other immigration benefit requests and the current $320 fee but less than the
fee was set below the ABC model to emphasize the beneficiary-pays current total cost ($405) with added $85
output; in other words, the fee was less principle, DHS did not limit the Form separate biometrics fee. See proposed
than the estimated cost per fee-paying N–400 fee and set a $1,170 fee to 106.2(b)(4)(ii). Like the proposed Form
receipt. The FY 2010/2011 fee rule held recover the full cost of adjudicating the N–400 fee, the proposed reduced fee is
the fee to $595, the amount set in the Form N–400, as well as a proportion of a limited 18 percent increase from the
FY 2008/2009 fee rule. See 75 FR 58975. costs not recovered by other forms for current fee ($320), rounded to the
The FY 2016/2017 fee rule limited the which fees are limited or must be nearest $5. See Section V.B.3 of this
fee to only $640, a $45 or eight percent offered a waiver by statute. As stated preamble. Like most proposed fees, it
increase. See 81 FR 73307. earlier, DHS proposes to shift away from includes the cost of biometric services.
The FY 2010/2011 proposed rule emphasizing the beneficiary-pays See section VIII.E. of this preamble.
explained that holding the fee for the principle and return towards the However, the biometric services fee was
Form N–400 to the FY 2008/2009 fee historical balance between the not part of the calculation for the
raised all other proposed fees by beneficiary-pays and ability-to-pay proposed fee. DHS calculated the
approximately $8 each. See 75 FR 33462 principles. DHS has determined that proposed fee for the reduced fee option
(June 11, 2010). For DHS to recover the shifting costs to other applicants in this the same way as the full fee option, as
full cost of adjudicating the Form N– manner is rational considering the described in section V.B.3 of this
400, the FY 2010/2011 proposed fee significant value that the United States preamble.
would have been $655, a $60 or roughly obtains from the naturalization of new Currently, qualifying applicants pay a
a 10 percent increase. See 75 FR 33462– citizens. Many commenters on the 2020 fee of $320 plus an additional $85 for
33463. In the FY 2016/2017 fee rule fee rule stated that the fee would deter biometric services, for a total of $405.
supporting documentation, USCIS eligible applicants, and cited peer- To qualify for a reduced fee, the eligible
estimated that each Form N–400 may reviewed studies indicating that cost applicant must submit Form I–942,
cost $871 to complete, plus the cost for can be a prohibitive barrier for would- Request for Reduced Fee, along with
biometric services of $75, for a total of be naturalization applicants. DHS is their Form N–400. Form I–942 requires
$946.227 In this proposed rule, the committed to promoting naturalization the names of everyone in the household
estimated cost of Form N–400, and immigrant integration and making and documentation of the household
including biometrics, is $1,003 when sure that naturalization is readily income to determine if the applicant’s
filed online and $1,135 when filed on accessible. Thus, DHS proposes setting household income is greater than 150
paper. If DHS were to maintain the the Form N–400 fee at an amount less and not more than 200 percent of the
current $640 fee, then all other than its estimated costs and shifting FPG.
proposed fees would increase by an those costs to other fee payers using the DHS eliminated the Form I–942 and
cost reallocation methodology.229 reduced fee in the 2020 fee rule to
additional average $12.
In crafting prior fee rules, DHS Therefore, DHS proposes to limit the recover the estimated full cost for
reasoned that setting the Form N–400 Form N–400 fee at $760 to partially naturalization services and to reduce the
fee at an amount less than its estimated recover the full cost of the Form N–400 administrative burden on the agency to
costs and shifting those costs to other and biometrics services while process the Form I–942. See 84 FR
promoting naturalization and 62317; 85 FR 46860. Commenters on the
fee payers was appropriate in order to
integration. If the full costs of change wrote that eliminating the
promote naturalization and immigrant
administering USCIS programs to be reduced fee would make it difficult for
integration.228 In the 2020 fee rule, DHS
recovered under this rule decrease due immigrants with income between 150
increased the fee for Form N–400,
to increases in revenue or gains in percent and 200 percent of the poverty
226 The inflation adjusted amounts using this efficiency between this proposed rule level to afford citizenship. DHS
example would be as follows: N–400: $640 and the final rule, DHS will consider acknowledges that eliminating the
multiplied by 1.1975, which is approximately using those cost reductions in to further reduced fee for Form N–400 would
$766.38; biometric services fee: $85 multiplied by reduce the Form N–400 fee, considering block people from receiving a reduced
1.1975, which is approximately $101.79. DHS fee, increase the number of people who
rounds fees to the nearest $5. Rounded to the
the value of naturalization and
nearest $5, the inflation adjusted fees would be immigrant integration, or to reduce are required to pay the full Form N–400
$765 and $100, totaling $865. other fees based on policy fee, and could result in fewer people
227 See the Model Output column of Appendix
considerations. applying for naturalization.
Table 4: Final Fees by Immigration Benefit Request DHS implemented this reduced fee
in the docket of the FY 2016/2017 fee rule. The 2. Request for Reduced Fee (Form I–942) option in the FY 2016/2017 fee rule to
model output is the projected total cost from the
ABC model divided by projected fee-paying In addition to updating the Form N– limit potential economic disincentives
volume. It is only a forecast unit cost (using a 400 fee waiver requests, as previously that some eligible naturalization
budget) and not the actual unit cost (using spending applicants may face when deciding
from prior years). USCIS does not track actual costs 229 Based on filing volume trends in recent years,
whether to seek U.S. citizenship. See 81
by immigration benefit request. See Appendix VI of USCIS forecasts an increase of 62,165 Form N–400
the supporting documentation included in this applications, nearly a 10 percent increase from the
FR 73307. DHS only proposes that the
docket for more information. FY 2016/2017 fee rule forecast. See Table 7, income level for the reduced fee is not
228 See, for example, 75 FR 33461; 81 FR 26916. Workload Volume Comparison. limited to start at 150 percent of the
FPG. Instead, any applicant who has an Form N–400 in this proposed rule. As increase other fees to subsidize the costs
income under 200 percent of the FPG such, DHS estimates that the reduced of military naturalization applications.
can request a naturalization application fee option for N–400 may provide
with a reduced fee if eligible.230 DHS 4. Application for Certificate of
approximately $1.4 million in revenue
had originally proposed the reduced fee Citizenship (Form N–600) and
with the proposed fee. If DHS were to
option for low-income applicants in Application for Citizenship and
propose ending the reduced fee option,
support of 2015 immigration integration Issuance of Certificate Under Section
it would have almost no effect on the
policies and the USCIS mission to 322 (Form N–600K)
resulting fee schedule. Two proposed
support aspiring citizens.231 The fees would increase by $5 and one As discussed earlier in this preamble,
reduced fee helps ensure that many would increase by $10, but all other DHS bases most proposed fees on fee-
immigrants whose goal it is to apply for proposed fees would remain the same. paying unit costs from the ABC model.
naturalization are not unnecessarily DHS proposes to maintain the reduced See section V.B.3., Assessing Proposed
limited by their economic means. Other fee 234 to further promote naturalization fees. Other proposed fees, such as those
fee payers are required to bear the cost and limit a barrier to naturalization. for naturalizations forms, are based the
of the reduced fee, but the importance current fees plus a limited fee increase.
of naturalization justifies the slight shift 3. Military Naturalization and Id. The current fee for Forms N–600 and
of burden.232 Similarly, in keeping the Certificates of Citizenship N–600K was based on USCIS data that
reduced fee for the naturalization showed approximately one-third of
application, DHS is supporting and DHS does not propose any changes to
fee exemptions for current and former Form N–600 filers received fee waivers.
complying with Executive Order 14012 See 81 FR 73298. In fact, the substantial
to reduce barriers and promote military service members who file a
Form N–400 under the military fee increase in the FY 2016/2017 fee
accessibility to the immigration benefits rule was primarily due to the
that it administers. See 86 FR 8277 (Feb. naturalization provisions.235 Military
availability of fee waivers for other N–
2, 2021) (E.O. 14012). Although receipts naturalization applications will
600s and N–600Ks. Id. In the 2010 final
of I–942 have remained relatively low, continue to be fee exempt. See 8 CFR
rule, DHS assumed that every applicant
the overall lower cost for a reduced N– 103.7(b)(1)(i)(BBB)(2) (Oct. 1, 2020); would pay the fee for Forms N–600 and
400 application may increase access to proposed 8 CFR 106.2(b)(4)(i).236 USCIS N–600K.238 However, the fee-paying
naturalization applications. does not charge a fee to military volume estimate for Forms N–600 and
In FY 2020, 3,430 people submitted a naturalization applicants because such N–600K decreased from 100 percent in
reduced fee Form N–400.233 This fees are prohibited by statute. See INA FY 2010/2011 to 67 percent in FY 2016/
represents approximately 0.47 percent secs. 328(b)(4), 329(b)(4), 8 U.S.C. 1439 2017 to reflect USCIS data, showing an
of the people who paid for Form N–400 (b)(4), 8 U.S.C. 1440(b)(4). Applicants increased share of applicants receiving
in FY 2020. USCIS forecasts 3,763 who request a hearing on a fee waivers. See 81 FR 73298. In
average annual receipts for the reduced naturalization decision under INA sec. addition, the FY 2016/2017 fee rule
328 or 329 with respect to military removed the difference in fees between
230 In 2018, Congress also encouraged USCIS ‘‘to
service will continue to be fee exempt. forms filed for biological children
consider whether the current naturalization fee is
a barrier to naturalization for those earning between See 8 CFR 103.7(b)(1)(i)(AAA) (Oct. 1, versus forms filed for adopted children.
150 percent and 200 percent of the FPG, who are 2020); proposed 8 CFR 106.2(b)(3). See 81 FR 73297–73298. In response to
not currently eligible for a fee waiver.’’ H. Rep. 115– Current or former military members of the FY 2016/2017 fee rule NPRM, some
948 at 61.
231 See The White House Task Force on New
any branch of the U.S. armed forces will commenters stated that the proposed fee
Americans, ‘‘Strengthening Communities by continue to be exempt from paying the increases would result in a significant
Welcoming All Residents’’, at 28–29 (2015), fee for an Application for Certificate of additional burden for applicants,
available at https://obamawhitehouse.archives.gov/ Citizenship, Form N–600. See 8 CFR including adoptive families.
sites/default/files/docs/final_tf_newamericans_
report_4-14-15_clean.pdf. 103.7(b)(1)(i)(EEE) (Oct. 1, 2020); Nevertheless, DHS increased the fees to
232 DHS previously stated that adjusting fee levels proposed 8 CFR 106.2(b)(8). While the recover the cost of adjudications.
based on income would be administratively statute prohibits fees for military In the 2020 fee rule, fees for Forms N–
complex and would require higher costs to naturalization applicants themselves,
administer. See 75 FR 58971. Specifically, in 2010,
600 and N–600K decreased. See 85 FR
DHS stated that a tiered fee system would impose DoD currently reimburses USCIS for 46792. However, that fee decrease was
an unreasonable cost and administrative burden, costs related to such applications.237 the result of limitations on fee waivers
because it would require staff dedicated to income Accordingly, USCIS does not propose to that were included in that enjoined rule.
verification and necessitate significant information
system changes to accommodate multiple fee
See 85 FR 46861. DHS is not proposing
scenarios. See id. DHS will need to reprogram
234 This includes a reversal of the 2020 fee rule’s to similarly restrict fee waivers in this
intake operations for Form N–400 to recognize the removal of the Form I–942. rule. Therefore, fee waivers continue to
235 DHS notes that no other applicant is exempt
new fee and documentation. Staff must be added to contribute to the proposed fee increases.
review the income documentation provided to from the Form N–400 fee but any other applicant
determine if the applicant qualifies for the new fee. submitting a Form N–400 may request a fee waiver. Recent USCIS data indicate that
DHS has determined that the change proposed here, 236 DHS made no changes to the fee exemptions approximately 53 percent of Form N–
because it applies only to Form N–400 and the act for military members and veterans in the 2020 fee 600 applicants and approximately 74
of acquiring citizenship, is of sufficient value from rule. See 84 FR 62317. percent of Form N–600K applicants pay
a public policy standpoint to justify USCIS 237 The proposed fee would increase the
the respective fees, and the fees
incurring the additional administrative and reimbursable agreement between USCIS and DoD
adjudicative burden and the cost of such covered by $199,500. The current fees for Form N–400
by other fee payers, which as explained below is ($640) and biometric services ($85) total $725 per 238 Compare Forms N–600 and N–600K between
limited. military naturalization. In FY 2022/2023, USCIS Tables 10 and 11 in the 2010 proposed rule. See 75
233 Based on actual FY 2020 revenue collections, forecasts an average of 5,700 military FR 33468–33469 (June 11, 2010). The 2010
3,430 people filed Form N–400 with Form I–942. naturalizations per year. Under the current fees, this proposed rule assumed no fee waivers for Forms N–
In the same year, 726,519 paid the full fee for Form would cost DoD $4,132,500 on average each year. 600 and N–600K because workload volumes are
N–400. Thus, the total fee-paying volume for both With the proposed $760 Form N–400 fee (which equal to fee-paying volumes for the two respective
is 729,949. Reduced fee applicants represented includes the cost of biometrics), the same volume forms. The 2010 final rule adopted the proposed
approximately 0.47 percent of total Form N–400 would cost $4,332,000, a $199,500 or approximately fees for Forms N–600 and N–600K. See 75 FR 58964
applicants. 5 percent increase. (Sept. 24, 2010).
proposed in this rule reflect that.239 online to $2,080 when filed on paper. for Replacement Naturalization/
This means that every fee-paying Form These hypothetical proposed fees are Citizenship Document despite the FY
N–600 applicant would need to pay $450 and $695 more than the respective 2022/2023 USCIS ABC model
almost double the estimated unit cost of proposed fees in this rulemaking. Thus, calculating a lower fee for it. The
the application in order to accommodate DHS concludes that the proposed Form current fee for Form N–565 is $555.
applicants that received a fee waiver or N–600 and N–600K fees represent a There is no fee when this application is
qualified for a fee exemption for Form reasonable balance between the submitted under 8 CFR 338.5(a) or
N–600 if the burden were limited to beneficiary-pays and ability-to-pay fee- 343a.1 to request correction of a
Form N–600 filers. setting models being employed to certificate that contains an error. DHS
The current fees represent a combined calculate the fees in this proposed rule. considered lowering the fee as provided
fee for both Forms N–600 and N– in the model, but decided that the
600K.240 The proposed fees for Forms 5. Proposed Changes to Other
revenue above the costs of adjudicating
N–600 and N–600K are calculated and Naturalization-Related Application Fees
that would be generated by maintaining
proposed separately. USCIS estimated There are other naturalization and the current N–565 fee would help to
separate workload and fee-paying citizenship related forms that may be mitigate the fee increases for other
volumes for each in this proposed rule. submitted in coordination with the forms.243 DHS weighed a number of
By determining separate volumes and naturalization or certificate of factors in deciding to keep the current
fee-paying percentages for Forms N–600 citizenship application. Other forms fee, which is $180 higher than the FY
and N–600K, these proposed fees better may be submitted before or after such 2022/2023 fee-paying unit cost. See
reflect the fee-paying percentage of each applications for other benefits. In some Table 14. DHS recognizes that obtaining
respective benefit request. cases, such as Form N–565, DHS a replacement Naturalization/
DHS recognizes that increasing fees proposes to recover full cost; however, Citizenship Document may be necessary
for Forms N–600 and N–600K to proposed fees for most naturalization at times; however, a U.S. passport is an
account for the full cost of adjudication services remain below estimated cost. available alternative to proof of U.S.
may adversely impact applicants who See Table 14. citizenship. The number of individuals
are generally children and are already DHS uses its fee setting discretion to who would file Form N–565 is limited,
citizens by law. DHS has determined adjust certain immigration request fees a fee waiver is still available, and the fee
that the combined effect of high cost that would be overly burdensome on is not increasing from the FY 2016/2017
and low fee-paying volume would applicants, petitioners, and requestors. fee rule. Therefore, DHS determined
otherwise place an inordinate fee Historically, as a matter of policy, DHS that keeping the fee at the amount that
burden on individuals requesting has chosen to limit USCIS fee it has been for the last 5 years would not
certificates of citizenship. Also, DHS adjustments for certain benefit requests be unduly burdensome on applicants or
has decided that limiting the fee to the weighted average fee increase limit access to a replacement certificate.
increase will promote citizenship and represented by the model output costs Thus, DHS decided that applicants for
immigrant integration. for fee-paying benefit types. See 75 FR a replacement naturalization/citizenship
Therefore, DHS proposes to limit the 33461.241 Any additional costs from document would pay the current fee
increase of the fee for these forms and these benefit request types beyond this although the amount is above the fee-
apply the cost reallocation methodology calculated weighted average increase paying unit cost calculated by the ABC
as described in section VIII.F.5., figure would be reallocated to other model.
Proposed Changes to Other benefit types.
Naturalization-Related Application DHS has continuously limited the fees 6. Request for Comments
Fees. This proposed fee remains below for the following forms: While DHS proposes no changes to
the estimated cost from the USCIS ABC • Form N–300, Application to File the Request for Reduced Fee (Form I–
model. By limiting the fee increase, DHS Declaration of Intention; 942) income threshold for the
may reduce the financial burden on • Form N–336, Request for a Hearing naturalization application, DHS
these applicants. In addition, limiting on a Decision in Naturalization specifically requests comments on the
the N–600 fees does not appreciably Proceedings (Under Section 336 of the appropriate level of income that USCIS
increase other fees by shifting an INA); and should use to determine eligibility for
inordinate amount of costs of • Form N–470, Application to the reduced fee and data to support that
adjudicating the N–600 to them. The Preserve Residence for Naturalization suggested level or measure. DHS also
increase to other forms is only $5 in Purposes. requests comments on limiting the
many cases, compared to an increase of DHS recognizes that charging less increase of some fees and applying the
hundreds of dollars to the N–600 and than the full cost of adjudicating an cost reallocation methodology.
N–600K fees to recover full cost. For immigration benefit request requires
USCIS to increase fees for other G. Fees for Online Filing
example, if DHS proposed to recover
full cost on Form N–600 and N–600K, immigration benefit requests to ensure The June 2018 OMB report,
then proposed fees for Form N–600 full cost recovery.242 Nevertheless, DHS ‘‘Delivering Government Solutions in
would range from $1,835 when filed proposes to continue limiting the fees the 21st Century,’’ recognized that an
for these forms as they are related to overarching source of Government
239 See Section V.B.1 earlier in this NPRM. naturalization benefits and some have inefficiency is the outdated reliance on
Compare the workload to the fee-paying volume for low receipt numbers. paper-based processes, and prioritized
Forms N–600 and N–600K. Divide the fee-paying DHS further proposes to maintain the the transition of Federal agencies’
receipts by the workload for the fee-paying business processes and recordkeeping to
percentage. For example, Form N–600 estimated current fee for Form N–565, Application
workload is 30,000. The estimated fee-paying a fully electronic environment.244 The
volume is 16,041. Estimated fee-paying divided by 241 See also FY 2008/2009 Fee Rule. 72 FR 4910.
estimated workload equals 53.47 percent as the fee- 242 This complies with INA sec. 286(m), 8 U.S.C. 243 See section V.B.3. of this preamble for more
paying percentage. 1356(m), which authorizes DHS to set USCIS fees information on assessing proposed fees.
240 See 103.7(b)(1)(i)(EEE) and (FFF) (Oct. 1, at a level required to cover the costs of providing 244 OMB, ‘‘Delivering Government Solutions in
2020). Both used the same $1,070 fee; see also 81 applicants, petitioners, or requestors a service or the 21st Century: Reform Plan and Reorganization
FR 73295 (Oct. 24, 2016). part of a service ‘‘without charge.’’ Continued
report noted that Federal agencies will increase throughout an individual’s the percentage of receipts by filing
collectively spend billions of dollars on immigration lifecycle as more benefit method (online or paper) for each type
paper management, including requests become available for online of immigration benefit request available
processing, moving, and maintaining filing and case management. for online filing. USCIS applied those
large volumes of paper records, and Even as benefit requests become percentages to the total receipt forecasts
highlighted the key importance of data, available for online filing, USCIS by fiscal year to estimate online and
accountability, and transparency.245 continues to provide the option of paper filing volumes for immigration
Significantly, it cites USCIS’ electronic engaging with USCIS on paper. DHS benefit requests for which both filing
processing efforts as an example of an recognizes that people adopt new options are available.253 The ABC model
agency initiative that aligns with the technology at varying rates and have assigned costs differently to the two
prioritized reforms.246 different levels of access to technology filing methods. For example, the model
The FY 2022 President’s Budget also resources.249 In this case, the assigned the Intake activity to only
noted the need for effective, efficient, complexity of the immigration benefit paper workloads. The Intake activity
and modern Federal information request system may exacerbate the represents mailroom operations, data
technology to improve service tendency toward the status quo. Those entry and collection, file assembly, fee
delivery.247 USCIS will continue to familiar with paper-based forms and receipting, adjudication of fee waiver
expand upon the current level of interactions may feel there is no reason requests, and lockbox operations.
operational digital filing platforms and to change a method that has worked for
DHS recognizes that the international
encourage filers to utilize these online them in the past.
DHS agrees that transitioning to COVID–19 pandemic may have
resources for a simpler, faster, and more increased the level of online filing
responsive filing experience.248 online filing for benefit requests is an
important step in improving USCIS versus paper filing for benefit requests
DHS understands that while USCIS where online filing is available. To
has embraced technology in service and financial stewardship while
promoting the objectives of the encourage continued use of online filing
adjudication and recordkeeping, it at the same or a higher rate after the
remains bound to the significant Government Paperwork Elimination
Act 250 and the E-Government Act.251 pandemic, DHS proposes a lower fee for
administrative and operational burdens online filing of immigration benefit
associated with benefit requests that are Therefore, USCIS has calculated the fee-
paying unit cost (model output) for requests for which both paper and
submitted on paper. The intake, storage, online filing options are available.254 See
and handling of paper require paper filing and online filing separately.
USCIS modified its ABC model to proposed 8 CFR 106.2.255 See Table 15,
tremendous operational resources, and Fees for Online Filing, for a comparison
information recorded on paper cannot distinguish between paper and online
filing costs when both options exist for of paper and online filing fees. In some
be as effectively standardized or used cases, DHS proposes to not change the
an immigration benefit request.252
for fraud and national security, fee. See section V.B.3., Assessing
USCIS used domestic receipt data from
information sharing, and system Proposed Fees, for more information.
April 2020 to March 2021 to estimate
integration purposes. However,
technological advances have allowed 249 See Brian Kennedy & Cary Funk, Pew 253 USCIS did not use online filing data for Form
USCIS to develop accessible, digital Research Group, ‘‘28 percent of Americans are I–765 during this timeframe. Online filing for
alternatives to traditional paper ‘strong’ early adopters of technology’’ (July 12, certain applicants filing Form I–765 became
methods for intaking and adjudicating 2016), available at http://www.pewresearch.org/ available on April 12, 2021. See USCIS, ‘‘F–1
fact-tank/2016/07/12/28-of-americans-are-strong- Students Seeking Optional Practical Training Can
benefit requests. Every benefit request Now File Form I–765 Online,’’ available at https://
early-adopters-of-technology. See also Emily
submitted online instead of on paper Vowels, Pew Research Group, ‘‘Digital divide www.uscis.gov/news/news-releases/f-1-students-
provides direct and immediate cost persists even as Americans with lower incomes seeking-optional-practical-training-can-now-file-
savings and operational efficiencies to make gains in tech adoption’’ (June 22, 2021), form-i-765-online (last revised Apr. 12, 2021).
both USCIS and filers—benefits that available at https://www.pewresearch.org/fact-tank/ USCIS used the online filing rates for Form I–539
2021/06/22/digital-divide-persists-even-as- as a proxy for the online filing rates for the eligible
americans-with-lower-incomes-make-gains-in-tech- categories of I–765 filers.
Recommendations’’ (2018), available at https:// adoption/. 254 DHS codified a fee for forms currently
www.whitehouse.gov/wp-content/uploads/2018/06/ 250 See Pub. L. 105–227, 112 Stat. 2681 (Oct. 21, available for online filing with USCIS and filed
Government-Reform-and-Reorg-Plan.pdf. 1998). online that was $10 lower than the fee for the same
245 Id. at 100.
251 See Pub. L. 107–347, 116 Stat. 2899 (Dec. 17, paper. 8 CFR 106.2(d) (Oct. 2, 2020). In this rule,
246 Id. at 101–02.
2002). DHS also proposes separate fees for filing forms
247 OMB, ‘‘Budget of the U.S. Government: Fiscal 252 USCIS uses commercially available ABC online.
Year 2022’’ (2021), available at https:// software, CostPerform, to create financial models to 255 CBP accepts USCIS Forms I–192 and I–212
www.whitehouse.gov/wp-content/uploads/2021/05/ implement ABC, as described in the Methodology online. Available at https://www.cbp.gov/travel/

budget_fy22.pdf. section of this preamble and the supporting international-visitors/e-safe (last modified Oct. 28,
248 OMB, ‘‘12. Information Technology and documentation in the docket for this proposed rule. 2020). However, USCIS has no data on the cost of
Cybersecurity Funding’’ (2021), available at https:// The supporting documentation also provides online filing with CBP. Therefore, DHS proposes
www.whitehouse.gov/wp-content/uploads/2021/05/ additional information on activities and their that USCIS online and paper fees apply to USCIS
ap_12_it_fy22.pdf. assignments in the ABC model. forms submitted to USCIS only.
Table 15: Proposed Fees for Online Filing

Immigration Benefit Request Online Paper Difference
Filing Fee Filing Fee
1-90 Application to Replace Permanent $455 $465 $10

Resident Card
1-130 Petition for Alien Relative $710 $820 $110
1-539 Application to Extend/Change $525 $620 $95
Nonimmigrant Status
I-765 Application for Employment $555 $650 $95
Authorization
N-336 Request for Hearing on a Decision in $830 $830 $0
Naturalization Proceedings
N-400 Application for Naturalization $760 $760 $0
N-565 Application for Replacement $555 $555 $0
N-600 Application for Certificate of $1,385 $1,385 $0
Citizenship
N-600K Application for Citizenship and $1,385 $1,385 $0
Issuance of Certificate
G-1041 Genealogy Index Search Request $100 $120 $20
G-1041A Genealogy Records Request $240 $260 $20
DHS bases the proposed separate qualify for an associated immigration Since the FY 2008/2009 fee rule, USCIS
online and paper fees on ABC model benefit while the primary benefit has allowed applicants who properly
results. When DHS proposes limited fee request is still pending adjudication. For file and pay the required fee for Form
increases or to continue using the example, in certain instances, a person I–485 to file Forms I–765 and I–131
current fee, the calculation is based on with a pending adjustment of status without paying the fees for those forms.
the current fee instead of ABC model application may apply for employment Form I–765 or Form I–131, or both, may
results. As such, there are not separate authorization or a travel document or be filed concurrently with Form I–485
proposed fees for online and paper both. See 8 CFR 274a.12(c)(9). When or as standalone interim benefit requests
filing for immigration benefit requests associated benefits are issued while a while Form I–485 is still pending.
with limited fee increases or held to the primary benefit request is pending, Applicants who have not yet received a
current fee. USCIS refers to them as ‘‘interim’’ PRC but who have to renew these
USCIS will further evaluate the effects benefits. interim benefits also do not have to pay
of these changes in future biennial fee DHS proposes to require separate the associated fees. For the FY 2008/
reviews. For example, if the level of filing fees for Form I–765, Application 2009 fee rule, USCIS determined that
online filing increases or as more benefit for Employment Authorization, and calculating fees for Form I–485 at an
requests become available for online Form I–131, Application for Travel amount that would include interim
filing, then USCIS will incorporate that Document, when filed concurrently benefits would improve efficiency and
information into future fee reviews. with Form I–485, Application to save most applicants money. See 72 FR
H. Form I–485, Application To Register Register Permanent Residence or Adjust 4894 and 29861–29862. By providing
Permanent Residence or Adjust Status Status, or as interim benefit requests on that the fees for interim benefits would
the basis of a pending Form I–485 filed be included in the fee for Form I–485,
1. Interim Benefits on or after the effective date of this rule. USCIS addressed the perception that it
Usually, a primary immigration Before the FY 2008/2009 fee rule, benefits from increased revenue by
processing Form I–485 more slowly. See
benefit request must be approved before applicants paid separate fees for Form I–
an applicant can receive associated 765 and Form I–131 while waiting for 72 FR 4894 and 72 FR 29861–29862
benefits such as employment USCIS to adjudicate Form I–485. (May 30, 2007). The FY 2010/2011 fee
authorization or a travel document or Applicants who had not yet received a rule continued the practice of
both. That is, USCIS only grants permanent residence card (PRC, also ‘‘bundling’’ the fees for interim benefits
associated benefits after or at the same known as a ‘‘Green Card’’ or Form I– and Form I–485. See 75 FR 58968.
time as it grants the primary 551), but who had to renew these In the FY 2016/2017 fee review,
immigration benefit request. However, interim benefits, paid any associated USCIS calculated the workload volume
in some situations, an applicant may fees for the renewals. See 72 FR 4894. and fee-paying percentage for Forms I–
EP04JA23.053</GPH>
765 and I–131 that were not associated DHS proposes to charge separate fees be able to file Form I–765 and Form I–
with a Form I–485. This enabled USCIS for Form I–765 and Form I–131 when 131 without additional fees while their
to derive a fee-paying percentage for filed concurrently with Form I–485 or as Form I–485 is pending and would,
Forms I–765 and I–131 not filed interim benefit requests while Form I– therefore, be unaffected by this change.
concurrently with a Form I–485. See 81 485 is pending adjudication. See Individuals who filed Form I–485 before
FR 26918 (May 4, 2016) and 81 FR proposed 8 CFR 106.2(a)(16); 8 CFR the FY 2008/2009 fee rule and those
73300. By isolating standalone Form I– 106.2(a)(32); 8 CFR 106.2(a)(7)(iii).256 who file Form I–485 on or after the date
765 and Form I–131 interim benefit The proposed change would be subject the proposed change becomes effective
applications from those filed to phased implementation. Specifically, would pay separate fees for the interim
concurrently with Form I–485, USCIS individuals who filed a Form I–485 after benefits. The proposed changes are
more accurately assessed fee-paying July 30, 2007 (the FY 2008/2009 fee summarized in Table 16. The date the
percentages, fee-paying volumes, and rule), and before this change proposed proposed changes would take effect is
fees for all three benefit types. Id. in this rule takes effect will continue to not yet available.
Table 16: Form 1-485 Filing Dates and Interim Benefits

Form 1-485 Filing Date Bundled Fee Applies?
Before July 30, 2007 No
After July 30, 2007, but before implementation of this change via Yes
final rule
After implementing this proposed change with a final rule No
DHS proposes this change to reduce allow free interim benefits, the proposed in a scenario without bundled interim
the proposed fee increases for Form I– Form I–765 fee would be $825 when benefits; this is the proposed fee
485 and other forms. For example, in filed on paper. This would be $415 or scenario with higher fee-paying volumes
the FY 2016/2017 fee rule, USCIS approximately 101 percent more than overall. In a bundled scenario,
isolated the workload volume and fee- the current $410 fee. By proposing that approximately 45 percent of Form I–765
paying percentage of Forms I–765 and I– Form I–765 require the fee when filing applicants may pay the fee for Form I–
131 that are not associated with Form I– as an interim benefit, the proposed 765. While Form I–485 applicants
485. See 81 FR 26918. Isolating the Form I–765 fee is $650, which is $240 would not have to pay the fee for Form
volumes for interim benefits reduced or approximately 59 percent more than I–765 in a bunded scenario, the fee for
the overall volume on the fee schedule the current $410 fee. See 8 CFR all other Form I–765 applicants would
because USCIS only counted interim 103.7(b)(1)(i)(II) (Oct. 1, 2020); proposed be higher because a bundled scenario
benefit volumes as part of the Form I– 8 CFR 106.2(a)(43)(ii). By having one fee reduces fee-paying receipts overall. In
485 forecast instead of counting them for Form I–485 and interim benefits, the
the bundled scenario, people would pay
twice (for Form I–485 and the interim weighted average fee increase would be
more to recover the cost of Form I–765
benefit). USCIS expects approximately 51-percent compared to the 40-percent
500,000 new fee-paying annual interim average fee increase in the proposed fee because of the approximate 20 percent
benefit applications in the FY 2022/ schedule.257 difference between the two scenarios.
2023 forecast as a result of the proposed These points of comparison ignore
In a bundled scenarios, USCIS only additional fee exemptions that are also
change. counts Form I–485 as a fee-paying
part of the proposed fees. Put another
In the proposed fee schedule, USCIS receipt. In a scenario without bundled
way, if USCIS performs less bundled
assumes these interim benefit applicants interim benefits, USCIS may count
work, then applicants pay lower fees for
will pay the applicable fees for Forms I– Forms I–485, I–765, and I–131 each as
485, I–765, and I–131. If applicants up to three fee-paying receipts. In that work because it will increase fee-
continued to only pay a bundled fee, general, fees are higher in a fee schedule paying volumes for Forms I–485, I–765,
then the proposed fee for Form I–485 with bundled fee interim benefits and I–131. If USCIS continues to offer
would be $1,715, which is $175 or because it has lower fee-paying volumes bundled interim benefits, then other
approximately 37 percent more than the than the proposed fee schedule. This immigration benefit request fees will be
actual proposed fee of $1,540. See 8 CFR means there are fewer immigration higher. DHS proposes separate fees for
103.7(b)(1)(i)(U) (Oct. 1, 2020); proposed benefit requests from which USCIS can interim benefit applications and Form I–
8 CFR 106.2(a)(16). Other proposed fees recover projected costs in a fee schedule 485 applications in order to lower the
would also change on this hypothetical with bundled fee interim benefits. For proposed fees for most other applicants,
fee schedule including Form I–765, example, USCIS estimates that petitioners, and requestors, and to tailor
Application for Employment approximately 65 percent of Form I–765 applicants’ costs more directly to the
Authorization. If USCIS continued to applicants may pay the Form I–765 fee benefits for which they apply.
256 In the 2020 fee rule, DHS required separate change and is proposing it again in this rule for the fee-paying receipts is $522. This is $4 higher than
filing fees when filing Form I–765, Application for reasons stated. in the proposed fee schedule because the fee-paying
257 USCIS uses a weighted average instead of a
Employment Authorization, and Form I–131, volumes are lower when DHS assumes free interim
Application for Travel Document, concurrently straight average because of the difference in volume benefits. The weighted average proposed fee is
with a Form I–485, Application to Register by immigration benefit type and the resulting effect $790, $65 or approximately 16 percent higher than
on fee revenue. In a fee schedule with free interim
Permanent Residence or Adjust Status, or after the weighted average current fee of $522 in this
benefits, the sum of the current fees multiplied by
USCIS accepts their Form I–485 and while it is still the projected FY 2022/2023 fee-paying receipts for hypothetical fee schedule that assumes free interim
pending. DHS is not proposing to reverse that benefits.
EP04JA23.054</GPH>
each immigration benefit type, divided by the total
DHS proposes to increase the Form I– alleviate the filing burden and fees on benefits.260 DHS has decided it is more
485 fee to $1,540, which is $400 or 35 those individuals whose Form I–485 equitable to treat all petitioners and
percent more than the current $1,140 fee applications are still pending due to the applicants who apply for interim
that includes interim benefits. USCIS lack of available immigrant visas. For benefits the same, regardless of the
did not realize the efficiency gains example, DHS, as of June 9, 2021, pending primary request that may grant
anticipated when it originally bundled provides EADs with 2-year rather than interim benefits, even though some
interim benefits in the FY 2008/2009 fee 1-year validity periods to decrease the applicants would pay significantly more
rule. See 72 FR 4894. This is due to a burden on both the Department and to adjust status and apply for one or
number of reasons. Mainly, annual applicants caused by long waits for visa more interim benefits. If USCIS
numerical visa limits established by availability.259 continues offering bundled interim
Congress and high demand have created As a result of this proposal, new Form benefits, then other customers may bear
long wait times for some visa categories, I–485 applicants would only pay for the the burden of higher fees as a result of
known as retrogression. Some Form I– benefits that they request. In the FY bundled interim benefits that do not
485 applicants must wait years for visas 2008/2009 and FY 2010/2011 fee rules, benefit them. For example, DHS
to become available again after they file some commenters stated they did not believes it would present unfair barriers
their adjustment of status want to pay for additional benefits they for unrelated applicants with limited
applications.258 While USCIS has some did not want, need, or receive, which financial resources (like asylum
control over its own allocation of was a consequence of the bundled fee renewals or students) for Form I–765 to
resources to address processing times approach. See 72 FR 29861–29863 (May pay higher fees so that Form I–485
and backlogs, USCIS has no direct 30, 2007) and 75 FR 58968. In previous applicants would pay lower fees. Table
control over delays caused by the DOS’s fee rules, bundled interim benefit fees 17 compares the current fees for Form
allocation of visa numbers and were only associated with a pending I–485 applicants that may bundle
Congress’ annual visa numerical limits. Form I–485. However, other interim benefits to the proposed fees
USCIS has taken some actions to applications may also warrant interim without bundling.
Table 17: Current and Proposed Fees for Adjustment of Status with Interim Benefits
Immigration Benefit Request Current Proposed Difference Percentage
Fees Fees Difference
1-485, Application to Register
$1,140 $1,540 $400 35 percent
Permanent Residence or Adjust Status
I-765, Application for Employment
$410 $650 $240 59 percent
Authorization - Paper
1-131, Application for Travel
$575 $630 $55 10 percent
Document
-100
Biometric Services Fee $85 $0 ($85)
percent
Total Fees for Form 1-485 and
$1,540 $315 26 percent
biometric services
Total Fees for Forms 1-485 and 1-765
$2,190 $965 79 percent
and biometric services
$1,225
Total Fees for Forms 1-485 and 1-131
$2,170 $945 77 percent
and biometric services
Total Fees for Form 1-485, all interim 130
$2,820 $1,595
benefits, and biometric services percent
DHS acknowledges that applicants or borrowing to pursue their or their affordability and access for all and
and petitioners may face additional family members’ immigration benefit. acknowledges that the increase in some
difficulties in paying the proposed fees, DHS has weighed these impacts and fees may appear contrary to this
and may be required to request a fee interests and considered alternatives to commitment. As discussed above,
waiver if eligible, save money longer to the proposals in this rule as described however, bundled interim benefits are
afford the fees, or resort to credit cards in this preamble. DHS is committed to currently making other immigration
258 See USCIS, ‘‘Visa Retrogression,’’ available at Immigration Services at https://www.uscis.gov/ 260 Individuals may derive interim benefits from
https://www.uscis.gov/green-card/green-card- sites/default/files/document/policy-manual- an Application for Temporary Protected Status,

processes-and-procedures/visa-availability-priority- updates/20210609-EmploymentAuthorization.pdf Form I–821. Unless otherwise stated in this
dates/visa-retrogression (last updated Mar. 8, 2018). (last updated June 9, 2021). USCIS may, in its proposed rule preamble, DHS uses interim benefits
259 See USCIS, ‘‘USCIS Policy Manual’’ (Vol. 10), discretion, determine the validity period assigned to refer to benefits associated with Form I–485,
Employment Authorization, Part B, Specific to any document issued evidencing an individual’s
Application to Register Permanent Residence or
Categories, Chapter 4, Adjustment Applicants authorization to work in the United States. See 8
Adjust Status.
EP04JA23.055</GPH>
Under INA sec. 245, Policies to Improve CFR 274a.12(b).
benefits less affordable. DHS requests adjudication time for Form I–485 based fee required for adults that apply to
comments on the proposed change to on the age of the applicant, so there are adjust status, which this rule proposes
Form I–485 and interim benefits. no data showing a cost difference to bundle into the fee for Form I–485.
correlated to the difference in applicant
2. Form I–485 Fee for Child Under 14, In the proposed Form I–485 fee,
age. See 81 FR 73301. The FY 2016/
Filing With Parent USCIS assumes the same completion
2017 fee rule calculated the $750 fee
Currently, Form I–485 has two fees: rate and biometric services for adults
using the model output to comply more
the fee for an adult is $1,140, and the closely with the ABC methodology for and children to reflect USCIS data and
fee for a child under the age of 14 full cost recovery. See 81 FR 26919. processes, and because DHS proposes to
concurrently filing with a parent is USCIS assumed that the $750 fee would separate interim benefit request fees
$750. See 8 CFR 103.7(b)(1)(i)(U) (Oct. not include the cost of an EAD. Id. As from the fee for Form I–485. DHS
1, 2020). DHS proposes to require such, the completion rate for the $750 believes that a single fee for Form I–485
payment of the proposed $1,540 fee for fee was lower than for most adults. will reduce the burden of administering
all applicants, including children under However, because DHS proposes to separate fees and better reflect the cost
the age of 14 years concurrently filing charge separate fees for interim benefits, of adjudication. This proposal will
Form I–485 with a parent.261 See 8 CFR there are no longer any Form I–765 affect a small percentage of Form I–485
103.7(b)(1)(i)(U)(2) (Oct. 1, 2020); adjudication costs included in the applicants. In FY 2019 and FY 2020,
proposed 8 CFR 106.2(a)(16).262 calculation of the fee, meaning that the approximately five to six percent of
DHS no longer believes there is a cost previous rationale for providing a Form I–485 applicants paid the $750
basis for the two different Form I–485 discount no longer exists. However, fee. See Table 18 for Form I–485 fee-
fees. As explained in the FY 2016/2017 children under the age of 14 do not paying receipts and percentages for the
fee rule, USCIS does not track the typically pay the $85 biometric services 2 years.
Table 18: Form 1-485 Fee-Paying Receipts

FY 2019 FY 2020
Form 1-485 Applicant Current Percent of Percent of
Fee-Paying Fee-Paying
Type Fee FY 2019 FY 2020
Receipts Receipts
Applicant under the age of
14 years who submits the
application concurrently $750 26,437 5 30,166 6
with the Form 1-485 of a
parent
All other fee-paying
$1,140 462,844 95 446,980 94
applicants for Form 1-485
Total NIA 489,281 100 477,146 100
3. INA Sec. 245(i) Statutory Sum revised to clarify that Form I–485 for and has applied for voluntary
Supplement A and the $1,000 statutory departure under the family unity
In addition, DHS is proposing to
sum must be submitted when Form I– program. See 8 CFR 103.7(b)(1)(i)(V)
clarify the statutory sum for applicants
485 is filed or still pending. See (Oct. 1, 2020); proposed 8 CFR
for adjustment of status under INA sec.
proposed 8 CFR 106.2(a)(21). DHS is 106.2(a)(17). Those exemptions from the
245(i).263 Such applicants are required
also proposing to remove the additional required statutory sum are explicitly
to properly file Form I–485 with fee
reference from the Form I–485 provided by statute and will be
along with Form I–485 Supplement A
Supplement A that states there is no included in the applicable form
and the $1,000 statutory sum, unless
required statutory sum when the instructions. See INA sec. 245(i)(1)(C), 8
exempted by the statute. USCIS
applicant is an unmarried child under U.S.C. 1255(i)(1)(C). Therefore, it is
proposes that the statutory sum for
17 or the spouse or the unmarried child unnecessary to codify them in the CFR.
Form I–485 Supplement A, Adjustment
under 21 of an individual with lawful
of Status Under Section 245(i), be
immigration status and who is qualified
261 The parent may be seeking classification as an 262 DHS made this change in the 2020 fee rule and applicant is (1) an unmarried child under age 17,
immediate relative of a U.S. citizen, a family- is proposing that it not be reversed for the reasons or (2) the spouse or unmarried child of a legalized
sponsored preference immigrant, or a family stated. alien who satisfies the requirements for an
member accompanying or following to join a spouse 263 The additional $1,000 sum is required to be exemption in 8 CFR 245.10(c).
or parent under sections 201(b)(2)(A)(i),
203(a)(2)(A), or 203(d) of the INA; 8 U.S.C. submitted with each INA sec. 245(i), 8 U.S.C.
EP04JA23.056</GPH>
1151(b)(2)(A)(i), 1153(a)(2)(A), or 1153(d). 1255(i), adjustment of status application, unless the
I. Continuing To Hold Refugee Travel passport book. Consistent with past and offices.266 The proposed fee includes
Document Fee for Asylees to the current practice, DHS proposes to set direct costs to account for the fee DOS
Department of State Passport Fee other fees marginally higher to recover charges USCIS to adjudicate Form I–
Consistent with U.S. obligations the difference between the cost of 131A applications, which is
under Article 28 of the 1951 Convention adjudicating Form I–131 for refugee approximately $337 per application.267
relating to the Status of Refugees,264 travel documents and the revenue In the FY 2020 interagency agreement
DHS proposes to continue to link the fee generated from the fees in light of the and in this proposed rule, USCIS
charged for Form I–131, Application for considerations and policy reasons projects that DOS will receive
Travel Document, to the DOS’s fee for described above relating to refugees. approximately 8,000 Forms I–131A each
a first time United States passport book year. In addition, the proposed fee
J. Form I–131A, Carrier Documentation includes a portion of the cost of RAIO
when Form I–131 is filed by asylees, or
by LPRs who obtained such status as staff. Among other duties, RAIO
DHS proposes to separate the fee for
asylees, to request a refugee travel oversees the interagency agreement with
Form I–131A, Application for Carrier
document.265 In previous fee rules, DHS the DOS. USCIS may also process some
Documentation, from other travel
aligned the refugee travel document fees Form I–131A requests at the remaining
document fees and maintain the current
to the sum of the U.S. passport book offices abroad. However, USCIS is
Form I–131A fee. See 8 CFR
application fee plus the additional uncertain how many. USCIS is unable to
103.7(b)(1)(i)(M)(3) (Oct. 1, 2020); estimate a workload forecast because the
execution fee that DOS charges for first proposed 8 CFR 106.2(a)(8). The
time applicants. See 81 FR 73301 and 75 COVID–19 pandemic forced the
proposed fee for Form I–131A is the remaining USCIS locations abroad to
FR 58972. Since the FY 2016/2017 fee same as the current $575 fee. Id. USCIS
rule, DOS increased the execution fee close to the public shortly after the
began using Form I–131A, Application reorganization. In light of this
from $25 to $35, which is a $10 or 40 for Carrier Documentation, in 2016. See
percent increase. See DOS, ‘‘Schedule of uncertainty, DHS decided to maintain
80 FR 59805 (Oct. 2, 2015). In the FY the current fee to generate more
Fees for Consular Services, Department 2016/2017 fee rule, DHS implemented a
of State and Overseas Embassies and revenue. DHS will reassess the fee in
fee that was calculated using the total future fee reviews.
Consulates—Passport Services Fee Form I–131 and I–131A workload. See
Changes,’’ 83 FR 4425 (Jan. 31, 2018). In 81 FR 73294–73295. K. Separating Fees for Form I–129,
addition, DOS increased the passport Petition for a Nonimmigrant Worker, by
book security surcharge from $60 to $80, Currently, certain LPRs may use Form Nonimmigrant Classification
a $20 or 33 percent increase. See DOS, I–131A to apply for a travel document
(carrier documentation) if their PRC, Currently, employers and other
‘‘Schedule of Fees for Consular qualified filers, such as agents,
Services-Passport Security Surcharge,’’ also known as a ‘‘Green Card’’ or Form
I–551, or their re-entry permit is lost, sponsoring organizations and investors
86 FR 59613 (Oct. 27, 2021). Together, (collectively referred to as a ‘‘benefit
these two DOS rules represent a $30 stolen, or destroyed while outside of the
United States. Carrier documentation requestor’’ or separately referred to as a
increase in passport book fees since ‘‘petitioner’’ or ‘‘applicant,’’ as
DHS last changed the refugee travel allows an airline or other transportation
carrier to board the LPR without any applicable) may use Form I–129,
document fees. Under this proposal, Petition for a Nonimmigrant Worker, to
DHS would increase refugee travel penalty for permitting an individual to
submit a benefit request on behalf of a
document fees by a conforming amount board without a visa or travel document.
current or future nonimmigrant worker
for asylees and LPRs who obtained such See INA sec. 273, 8 U.S.C. 1323
to temporarily perform services or labor,
status as asylees. DHS refugee travel (providing for a fine of $3,000 for each
or to receive training in the United
document fees for this population noncitizen without proper
States.268 Using this single form,
would be $165 for adults and $135 for documentation). In order to be eligible
petitioners or applicants can file
children under the age of 16 years, for carrier documentation, an LPR who petitions or applications for many
consistent with U.S. passport fees. See was traveling on a PRC must have been different types of nonimmigrant
proposed revised and republished 8 outside the United States for less than workers.269 Some classifications also
CFR 106.2(a)(7)(i) and (ii). As discussed 1 year, and an LPR who was traveling
in section VII.B.12. of this preamble, on a re-entry permit must have been 266 See USCIS, ‘‘USCIS Will Adjust International
DHS proposes to exempt refugees from outside the United States for less than Footprint to Seven Locations,’’ available at https://
paying the fee for refugee travel 2 years. Form I–131A is not an www.uscis.gov/news/news-releases/uscis-will-
documents. DHS estimates that the cost adjust-international-footprint-seven-locations (last
application for a replacement PRC or re- updated Aug. 9, 2019).
to USCIS of processing refugee travel entry permit. 267 The FY 2020 interagency agreement between
documents exceeds the fee for a U.S. DHS proposes that the fee for Form I– DOS and USCIS uses an Economy Act rate of
$313.11 for the adjudication. Additionally, State
264 The United States is party to the 1967 Protocol
131A does not change. While the result charges a $23.82 cashiering fee for each Form I–
Relating to the Status of Refugees, Jan. 31, 1967, 19 of the ABC model indicated that the fee 131A. USCIS used FY 2020 rates when calculating
U.S.T. 6224, 606 U.N.T.S. 267 (1968), which should decrease, Form I–131A requires the proposed fees. The total of these two fees is
incorporates articles 2 through 34 of the 1951 a different adjudicative process than $336.93.
Convention. The United States is not party to the 268 See USCIS, ‘‘Temporary (Nonimmigrant)
1951 Convention. See Sale v. Haitian Ctrs. Council,

Form I–131, including processing by Workers,’’ available at https://www.uscis.gov/
DOS personnel outside of the United
Inc., 509 U.S. 155, 169 n.19 (1993) (‘‘Although the working-united-states/temporary-nonimmigrant-
United States is not a signatory to the Convention States, which affects the projected cost workers (last updated Sept. 7, 2011). See also 8 CFR
itself, in 1968 it acceded to the United Nations for Form I–131A. Other travel 214.2(h)(2)(i)(A) (Oct. 1, 2020) (stating that ‘‘A
Protocol Relating to the Status of Refugees, which United States employer seeking to classify an alien
bound the parties to comply with Articles 2 through
documents may be adjudicated inside or as an H–1B, H–2A, H–2B, or H–3 temporary
34 of the Convention as to persons who had become outside of the United States, while the employee must file a petition on Form I–129,
refugees because of events taking place after January DOS Bureau of Consular Affairs, located Petition for Nonimmigrant Worker, as provided in
1, 1951.’’). outside of the United States, will the form instructions.’’).
265 See 75 FR 58972 (Sept. 24, 2010) (discussing 269 For example, nonimmigrants workers in the
Article 28 standards for assessing charges for a

process Form I–131A following the following classifications: E–1, E–2, E–2C, H–1B, H–
refugee travel document). closure of most USCIS international Continued
allow nonimmigrants to ‘‘self-petition’’ In the 2020 fee rule, DHS also limited different fees will better reflect the cost
or file a petition or application on their the number of multiple beneficiaries to adjudicate each specific
own behalf. Some nonimmigrant that could be requested on a single nonimmigrant classification.
classifications require use of Form I–129 petition for nonimmigrant worker, In 2017, the DHS Office of Inspector
supplemental forms, such as the H provided a different fee for petitions for General (OIG) released a report on H–1B
Classification Supplement, or additional up to 25 named beneficiaries versus visa participants.271 It discussed how
separate forms, such as Form I–129S, petitions for more than 25 named USCIS verifies H–1B visa participants
Nonimmigrant Petition Based on beneficiaries, and required that if a through the Administrative Site Visit
Blanket L Petition. In some cases, petition includes more than 25 and Verification Program (ASVVP).
certain petitioners or applicants must beneficiaries, an additional petition is ASVVP includes site visits on all
pay statutory fees in addition to a base required. 8 CFR 214.2(h)(2)(ii) (Oct. 2, religious worker petitioners, including
filing fee. For example, several statutory 2020). DHS estimated that it requires petitioners for R nonimmigrants, as well
fees exist for H and L nonimmigrant less time and resources to adjudicate a as randomly selected site visits for
workers.270 In some cases, petitioners or petition with unnamed workers than certain H–1B and L workers to assess
applicants pay a single fee for multiple one with named workers. USCIS runs whether petitioners and beneficiaries
nonimmigrant beneficiaries. USCIS background checks on named workers, comply with applicable immigration
provides several optional checklists to but it cannot do so for unnamed laws and regulations. As a result of the
help navigate the specific requirements workers. After a petition for unnamed OIG audit, USCIS began to collect better
of some nonimmigrant classifications. workers is approved, the petitioner information on the costs associated with
In the 2020 fee rule, DHS separated finds workers and then the workers ASVVP. For example, ASVVP now uses
Form I–129 into the following forms: apply for nonimmigrant visas with DOS, unique project and task codes in the
Form I–129E&TN, Petition for who will then vet the worker before USCIS financial system to track
Nonimmigrant Worker: E and TN adjudicating the visa application. spending. Based on FY 2020 spending,
Classifications; Form I–129H1, Petition Therefore, USCIS believes that it takes USCIS estimates that it may spend $8.4
for Nonimmigrant Worker: H–1 less time for USCIS immigration million for ASVVP payroll in the FY
Classifications; Form I–129H2A, services officers to adjudicate a petition 2022/2023 fee review budget.
Petition for Nonimmigrant Worker: H– with unnamed workers. 84 FR 62309. Additionally, USCIS tracks ASVVP
2A Classification; Form I–129H2B, In this rule, DHS proposes different hours by form type in the FDNS Data
Petition for Nonimmigrant Worker: H– fees for Form I–129 based on the System, which USCIS uses to identify
2B Classification; Form I–129L, Petition nonimmigrant classification being fraud and track potential patterns. In the
for Nonimmigrant Worker: L requested in the petition, the number of FY 2022/2023 fee review, USCIS used
Classifications; Form I–129O, Petition beneficiaries on the petition, and, in some of this new information to identify
for Nonimmigrant Worker: O some cases, according to whether the distinct costs for these site visits. USCIS
Classifications; and Form I–129MISC, petition includes named or unnamed used the ASVVP hours by immigration
Petition for Nonimmigration Worker: H– beneficiaries. The proposed fees are benefit request to assign the costs of site
3, P, Q, or R Classifications. 8 CFR calculated to better reflect the costs visits to Forms I–129, I–360, and I–829.
106.2(a)(3) (Oct. 2, 2020). DHS and associated with processing the benefit The proposed fees would result in the
USCIS believed that splitting the form requests for the various categories of cost of ASVVP being covered by the fees
and proposing several different fees nonimmigrant worker. The current base paid by the petitioners in proportion to
would simplify or consolidate the filing fee for Form I–129 is $460. See 8 the extent to which ASVVP is being
information requirements for petitioners CFR 103.7(b)(1)(i)(I) (Oct. 1, 2020). This used for that benefit request.
and applicants as well as better reflect base filing fee is paid regardless of how
Additionally, USCIS now captures
the cost to adjudicate each specific many nonimmigrant workers will
adjudication hours for nonimmigrant
nonimmigrant classification. 84 FR benefit from the petition or application,
worker petitions based on the
62307. the type of worker (for example,
classification for which the petition is
landscaper, chef, scientist, computer
filed (see discussion of Completion
2A, H–2B, H–3, L–1, O–1, O–2, P–1, P–1S, P–2, P– programmer, physician, athlete,
2S, P–3, P–3S, Q–1, R–1, TN1, and TN2. See Form
Rates in section V.B.2.). Therefore, the
musician, etc.), whether an employee is
I–129, Petition for a Nonimmigrant Worker, at proposed fees include the costs
identified, and without differentiating
https://www.uscis.gov/i-129 (last updated April 23, associated with the estimated
the amount of time it takes to adjudicate
2021). adjudication hours for each of the new
270 Various statutory fees apply to H and L the different nonimmigrant
petitions being proposed in this rule.
nonimmigrants. For more information on the fees classifications. In order to reflect these
BILLING CODE 9111–97–P
and statutory authority, see USCIS, ‘‘H and L Filing differences, DHS is proposing a range of
Fees for Form I–129, Petition for a Nonimmigrant fees for petitions and applications for
Worker,’’ available at https://www.uscis.gov/forms/ 271 DHS OIG, USCIS Needs a Better Approach to
h-and-l-filing-fees-form-i-129-petition-
nonimmigrant workers, listed in Table Verify H–1B Visa Participants (Oct. 20, 2017),
nonimmigrant-worker (last updated/reviewed Feb. 19 and explained in the subsequent https://www.oig.dhs.gov/sites/default/files/assets/
2, 2018). sections. USCIS believes the proposed 2017/OIG-18-03-Oct17.pdf.
Table 19: Proposed Form I-129CW Fee and Form 1-129 Fees by Nonimmigrant
Classification
Form N onimmigrant Current Proposed Change Percent
Number Classification Fee(s) Fee(s) Chan2e
1-129 H-1
$460 $780 $320 70%
Classification
1-129 H-2A $1,090 $630 137%
Classification $460 (named); (named); (named);
$530 $70 15%
(unnamed) (unnamed) (unnamed)
1-129 H-2B $1,080 $620 135%
Classification $460 (named); (named); (named);
$580 $120 26%
(unnamed) (unnamed) (unnamed)
1-129 L Classification $460 $1,385 $925 201%
1-129 H-3, P, Q, or R
$460 $1,015 $555 121%
Classifications
1-129 0 Classification $460 $1,055 $595 129%
1-129 EorTN $460 $1,015 $555 121%
Classifications
1-129CW CNMI-Only $460 $1,015 $555 121%
Nonimmigrant
Transitional
Worker
H-lB Electronic $10 $215 $205 2050%
Registration Fee
BILLING CODE 9111–97–C proposed fee more accurately 2. Form I–129, Petitions for H–2A or H–
1. Form I–129, Petition for incorporates the direct cost of USCIS 2B Classifications
Nonimmigrant Worker: H–1 fraud prevention efforts for H–1B The H–2A visa program allows U.S.
Classification workers and other planned changes. employers or U.S. agents who meet
The H–1B nonimmigrant program is DHS does not propose any changes to specific regulatory requirements to bring
for individuals who will perform statutory fee amounts for certain H–1B foreign nationals to the United States to
services in a specialty occupation, petitioners where it does not have the fill temporary agricultural jobs.274 The
services relating to a Department of authority to change the amount of these H–2B visa program allows U.S.
Defense cooperative research and fees.273 employers or U.S. agents who meet
development project or coproduction specific regulatory requirements to bring
project, or services as a fashion model 273 Certain H–1B petitions may have to pay up to foreign nationals to the United States to
who is of distinguished merit and $6,000 in statutory fees. DHS does not have the fill temporary nonagricultural jobs.275
authority to adjust the amount of these statutory
ability, while the H–1B1 nonimmigrant fees. USCIS does not keep most of the revenue. CBP
On March 6, 2017, the OIG issued an
program is for nationals of Singapore or receives 50 percent of the $4,000 9–11 Response
Chile engaging in specialty occupations. and Biometric Entry-Exit fee and the remaining 50 274 See USCIS, ‘‘H–2A Temporary Agricultural
See INA sec. 101(a)(15)(H)(i)(b) and percent is deposited into the General Fund of the Workers,’’ available at https://www.uscis.gov/
Treasury. USCIS retains five percent of the $1,500 working-united-states/temporary-workers/h-2a-
(a)(15)(H)(i)(b1); 8 U.S.C. or $750 American Competitiveness and Workforce temporary-agricultural-workers (last updated Jan.
1101(a)(15)(H)(i)(b) and Improvement Act fee. The remainder goes to the 12, 2021).
(a)(15)(H)(i)(b1).272 DHS proposes a fee Department of Labor (DOL) and the National 275 See USCIS, ‘‘H–2B Temporary Non-
of $780 for Form I–129 petitions when Science Foundation. USCIS keeps one-third of the Agricultural Workers,’’ available at https://
filed for H–1B and H–1B1 $500 Fraud Detection and Prevention fee, while the www.uscis.gov/working-united-states/temporary-
remainder is split between the DOS and the DOL. workers/h-2b-temporary-non-agricultural-workers

nonimmigrant classifications. The These statutory fees are in addition to the current (last updated Feb. 2, 2021). H–2B petitioners who
Form I–129 fee of $460 and optional premium file with USCIS are required to pay a $150 Fraud
272 See USCIS, ‘‘H–1B Specialty Occupations, processing fee of $1,500 or $2,500. See USCIS, ‘‘H Detection and Prevention fee per petition regardless
DOD Cooperative Research and Development and L Filing Fees for Form I–129, Petition for a of the number of beneficiaries to which the petition
Project Workers, and Fashion Models,’’ available at Nonimmigrant Worker,’’ available at https:// pertains. DHS does not propose any change to this
https://www.uscis.gov/working-united-states/ www.uscis.gov/forms/h-and-l-filing-fees-form-i-129- statutory fee because it lacks the authority to do so
temporary-workers/h-1b-specialty-occupations-dod- petition-nonimmigrant-worker (last updated/ by rulemaking. See INA secs. 214(c)(13), 286(v); 8
cooperative-research-and-development-project- reviewed Feb. 2, 2018). Premium processing fees U.S.C. 1184(c)(13), 1356(v). This statutory fee is in
workers-and-fashion-models (last updated Feb. 5, are available at https://www.uscis.gov/i-907 (last addition to the current Form I–129 fee of $460 and
EP04JA23.057</GPH>
2021). updated Dec. 21, 2020). optional premium processing fee of $1,500.
audit report after reviewing whether the USCIS currently charges a flat fee submit additional statutory fees or other
fee structure associated with H–2 regardless of whether a petition additional forms to USCIS along with
petitions is equitable and effective.276 includes one or hundreds of named Form I–129. For example, two statutory
OIG identified a number of issues and temporary nonimmigrant workers. fees may apply for L nonimmigrant
provided recommendations to address However, because USCIS completes a workers.280 Some petitions require the
the issues. In response to OIG background check for each named additional Form I–129S, Nonimmigrant
recommendations, USCIS proposes the beneficiary, petitions with more named Petition Based on Blanket L Petition.
following changes: beneficiaries require more time and DHS is not proposing different fees for
• Separate fees for petitions with resources to adjudicate than petitions managers and executives, because the
named workers and petitions with with fewer named beneficiaries. This agency has no records on the difference
unnamed workers; means the cost to adjudicate a petition in completion rates or costs for
• Limit the number of named workers increases with each additional named processing petitions for managers and
that may be included on a single beneficiary. In one case, a petitioner executives. USCIS currently captures
petition to 25. included more than 600 named workers completion rates for H–1B, L, and other
DHS proposes separate H–2A and H– in one petition.277 OIG observed that the types of petitions, but not for subgroups
2B fees for petitions with named flat fee structure (meaning the same fee within classifications, such as managers
workers and unnamed workers. regardless of the number of and executives. The $1,385 proposed fee
Currently, petitions for H–2A or H–2B nonimmigrants included in the petition) is based partly on the average
workers may include named or disproportionally costs more per completion rate for L–1 petitions. The
unnamed workers. Petitioners must nonimmigrant for petitions with few proposed fees also assign the direct
name workers when: (1) the petition is beneficiaries compared to those with costs of ASVVP site visits, currently
filed for a worker who is a national of large numbers of beneficiaries. In other used for certain H–1B, L, and all
a country not designated by the words, petitioners filing petitions with religious workers, to the specific form
Secretary of Homeland Security as low named beneficiary counts subsidize for the classification.
eligible to participate in the H–2A or H– the cost of petitioners filing petitions
2B programs; or (2) the beneficiary is in 4. Form I–129, Petition for
with high named beneficiary counts. Nonimmigrant Worker: O Classification
the United States. See 8 CFR OIG’s interviews of USCIS
214.2(h)(2)(iii) (Oct. 1, 2020). In immigration services officers indicated DHS proposes a fee of $1,055 for Form
addition, USCIS may require the that a maximum of 10 nonimmigrant I–129 petitions filed to request O
petitioner to name H–2B workers where workers could usually be processed classifications. Similar to some other
the name is needed to establish within a normal workday.278 DHS proposed changes to Form I–129, DHS
eligibility for H–2B nonimmigrant proposes to limit each Form I–129 filed
estimates the proposed change will
status. USCIS estimates that it requires for O classifications to 25 named
increase H–2A and H–2B petition filing
less time and resources to adjudicate a beneficiaries.281 Proposed and
volume by approximately 1,800 after
petition with unnamed workers than republished 8 CFR 214.2(o)(2)(iv)(F). As
comparing our H–2A and H–2B petition
one with named workers. USCIS runs previously discussed in the H–2A and
forecasts for FY 2022/2023 with or
background checks on named workers H–2B section above, limiting the
without the proposed change. DHS
but cannot do so for unnamed workers. number of named beneficiaries
assumes that the total number of named
After the petition is approved, the simplifies and optimizes the
beneficiaries requested by an employer
petitioner finds workers and the worker adjudication of these petitions, which
would remain the same, so that an
applies for a nonimmigrant visa with can lead to reduced average processing
employer petitioning for more than 25
DOS, who will then vet the worker. The times for a petition. Because USCIS
2020 fee rule relied on separate USCIS named beneficiaries would file multiple
completes a background check for each
estimated hours per petition for named petitions.
named beneficiary, petitions with more
The proposed fees would address the
or unnamed beneficiaries. In FY 2021, named beneficiaries require more time
imbalances in the current fee structure
USCIS began tracking Form I–129 and resources to adjudicate than
identified by the OIG audit. For
adjudication hours by petitions for petitions with fewer named
example, the proposed $530 fee for an
named or unnamed beneficiaries. This
H–2A petition without named workers
proposal is based on those hours for the capacity. The L–1B classification is for employees
first 6 months of FY 2021, which was is $560 less than the proposed $1,090 coming to the United States temporarily to perform
the most recent available at the time of fee for an H–2A petition with named services that require specialized knowledge. See
workers because the adjudication of INA sec. 101(a)(15)(L), 8 U.S.C. 1101(a)(15)(L).
the FY 2022/2023 fee review. USCIS 280 Certain L petitioners may have to pay up to
data indicate that it takes less time for petitions requesting unnamed workers
$5,000 in statutory fees. DHS does not have the
a USCIS immigration services officer to requires less time. authority to adjust the amount of these statutory
fees. USCIS does not keep most of the revenue
adjudicate a petition with unnamed 3. Form I–129, Petition for derived from these fees. CBP receives 50 percent of
workers. The proposed fees reflect the Nonimmigrant Worker: L Classification the $4,500 9–11 Response and Biometric Entry-Exit
average adjudication time estimated by fee revenue and the remaining 50 percent is
Under current requirements, deposited into the General Fund of the Treasury.
USCIS.
USCIS proposes to implement a limit petitioners sponsoring L nonimmigrant USCIS retains one-third of the $500 Fraud Detection
of 25 named beneficiaries per petition. workers, who are intracompany and Prevention fee revenue, while the remainder is
transferees,279 may be required to split between the DOS and the DOL. These statutory
Proposed 8 CFR 214.2(h)(2)(ii), fees are in addition to the current Form I–129 fee
(h)(5)(i)(B). Currently, there is no limit 277 Id.
of $460 and optional premium processing fee of
at 13. $2,500. See USCIS, ‘‘H and L Filing Fees for Form
on the number of named or unnamed 278 Id. at 17. I–129, Petition for a Nonimmigrant Worker,’’
workers that may be on a single petition. 279 The L–1 intracompany transferee available at https://www.uscis.gov/forms/h-and-l-
nonimmigrant classification permits a multinational filing-fees-form-i-129-petition-nonimmigrant-worker
276 DHS OIG, ‘‘H–2 Petition Fee Structure Is organization to transfer certain employees from one (last updated Feb. 2, 2018).
Inequitable and Contributes to Processing Errors’’ of its foreign entities to one of its affiliated entities 281 While O–1 petitions are limited to a single
(Mar. 6, 2017), available at https://www.oig.dhs.gov/ in the United States. The L–1A classification is for named beneficiary, a petition for O–2 nonimmigrant
sites/default/files/assets/2017/OIG-17-42- employees coming to the United States temporarily workers may include multiple named beneficiaries
Mar17.pdf. to perform services in a managerial or executive in certain instances. See 8 CFR 214.2(o)(2)(iii)(F).
beneficiaries. This means the cost to American Free Trade Agreement optimize the adjudication of these
adjudicate a petition increases with (NAFTA) between Canada, Mexico, and petitions, which is expected to lead to
each additional named beneficiary. the United States. NAFTA was replaced reduced processing times and reduced
Thus, limiting the number of named by the U.S.-Mexico-Canada Agreement completion rates. Because USCIS
beneficiaries may ameliorate the (USMCA). The USMCA entered into completes a background check for each
inequity to petitioners filing petitions force on July 1, 2020. The USMCA did named beneficiary, petitions with more
with low beneficiary counts of not make any changes to the beneficiaries require more time and
effectively subsidizing the cost of Immigration chapter of NAFTA that resources to adjudicate than petitions
petitioners filing petitions with high have significance for this proposed rule. with fewer named beneficiaries. This
beneficiary counts. USCIS currently The USMCA retains all substantive means the cost to adjudicate a petition
captures adjudication hours for these elements of the former NAFTA, and the increases with each additional named
types of petitions. As stated in section TN designation continues to be used for beneficiary. Thus, limiting the number
V.B.2., Completion Rates, the proposed NAFTA/USMCA professionals.282 TN of named beneficiaries may ameliorate
fee is partly based on these data. admissions under NAFTA were the inequity to petitioners filing
governed by the list of Professionals in petitions with low beneficiary counts of
5. Form I–129, Petition for
Appendix 1603.D.1 to Annex 1603 of effectively subsidizing the cost of
Nonimmigrant Worker: E and TN
NAFTA. Under the USMCA, TN petitioners filing petitions with high
Classifications
admissions are governed by the beneficiary counts. USCIS does not have
DHS proposes a fee of $1,015 for Form (identical) list of Professionals now separate completion rates for the H–3, P,
I–129 petitions filed for Treaty Trader found in USMCA Chapter 16 Appendix Q, or R classifications. Currently, USCIS
(E–1), Treaty Investor (E–2), E–3, and 2. For the purposes of discussing TN adjudicators report hours on these
TN classifications. The Treaty Trader classification, this document uses the classifications in a catch-all Form I–129
(E–1) and Treaty Investor (E–2) term ‘‘USMCA’’ but applies to category. As such, DHS lacks the
classifications are for citizens of nonimmigrants under both the former information to propose separate fees for
countries with which the United States ‘‘NAFTA’’ and ‘‘USMCA’’ each of these classifications.
maintains treaties of commerce and interchangeably. In accordance with the DHS proposes to republish a
navigation. The applicant must be USMCA, a citizen of Canada or Mexico paragraph of regulatory text that
coming to the United States to engage in who seeks temporary entry as a incorporates statutory changes and
substantial trade principally between businessperson to engage in certain longstanding practices that allow
the United States and the treaty country business activities at a professional level petitions for multiple P nonimmigrants.
(E–1), to develop and direct the may be admitted to the United States. See proposed republished 8 CFR
operations of an enterprise in which the See INA sec. 214(e), 8 U.S.C. 1184(e); 8 214.2(p)(2)(iv)(F). Specifically, DHS
applicant has invested or is in the CFR 214.6; proposed 8 CFR proposes and republishes a reference to
process of investing a substantial 106.2(a)(3)(viii). USCIS does not have ‘‘team’’ to account for INA sec.
amount of capital (E–2), or to work in separate completion rates for the E and 214(c)(4)(G), 8 U.S.C. 1184(c)(4)(G) (The
the enterprise as an executive, TN classifications. Currently, USCIS Secretary of Homeland Security shall
supervisor, or essentially skilled adjudicators report hours on these permit a petition under this subsection
employee. See INA sec. 101(a)(15)(E), 8 classifications in a catch-all Form I–129 to seek classification of more than one
U.S.C. 1101(a)(15)(E); 8 CFR 214.2(e). category. alien as a nonimmigrant under section
An E–2 CNMI or E–2C investor is a 1101(a)(15)(P)(i)(a) of this title), which
noncitizen who seeks to enter or remain 6. Form I–129, Petition for was added in 2006 and mandates DHS
in the CNMI in order to maintain an Nonimmigrant Worker: H–3, P, Q, or R to allow a petitioner to include multiple
investment in the CNMI that was Classifications P–1A athletes in one petition. See id.
approved by the CNMI government DHS proposes to create a fee of $1,015 and Public Law 109–463, 120 Stat. 3477
before November 28, 2009. This for the remaining nonimmigrant worker (2006). DHS also proposes to retain the
classification allows an eligible classifications: H–3, P, Q, and R. See revisions from the 2020 final fee rule as
noncitizen to be lawfully present in the proposed 8 CFR 106.2(a)(3)(viii). The set out in proposed 8 CFR
CNMI in order to maintain the costs used to determine the proposed 214.2(p)(2)(iv)(F) because certain
investment during the transition period fee for these classifications aggregate all athletic teams applying for P–1
from CNMI to Federal immigration law, identifiable costs associated with the nonimmigrant classification and groups
which was extended by Public Law adjudication of these different visa applying for P–2 or P–3 nonimmigrant
115–218, sec. 3(a) on July 24, 2018, and classifications, including the costs of classification are not necessarily
will expire on December 31, 2029. See administering site visits for R visa required to establish reputation of the
48 U.S.C 1806; proposed and workers under the ASVVP.283 As team or group as an entity. Id.
republished 8 CFR 214.2(e)(23). The E– previously discussed in sections 2 and
3 classification applies to nationals of 4, DHS proposes to limit petitions for 7. Separating Form I–129 Into Multiple
Australia who are coming to the United H–3, P, Q, or R classifications that allow Forms
States solely to perform services in a 1 petition to be filed for multiple DHS is not separating Form I–129 into
specialty occupation requiring beneficiaries to 25 named beneficiaries. multiple forms in this rule as it did in
theoretical and practical application of Proposed 8 CFR 214.2(h)(2)(ii), 8 CFR the 2020 fee rule, but may take that
a body of highly specialized knowledge 214.2(p)(2)(iv)(F), and 8 CFR action separately as a revision of the
and at least the attainment of a 214.2(q)(5)(ii). As stated previously, this currently approved Form I–129
bachelor’s degree, or its equivalent, as a change is expected to simplify and information collection under the PRA.
minimum for entry into the occupation See 86 FR 46260, 86 FR 46261, and 86
in the United States. See INA secs. 282 See United States-Mexico-Canada Agreement
FR 46263 (August 18, 2021). Although
101(a)(15)(E) and 214(i)(1); 8 U.S.C. Implementation Act, Public Law 116–113 (2020). DHS separated Form I–129 into different
283 The estimated cost of ASVVP for this
1101(a)(15)(E) and 1184(i)(1). The TN proposed fee is $69. See the Direct Costs column
forms in the 2020 fee rule, the form and
classification was originally created to of Appendix Table 6 in the supporting its instructions can be revised in that
implement part of the trilateral North documentation in the docket. same way using the procedures
provided in 5 CFR part 1320 and education, apprenticeships, or other time of filing and is a single $50 fee per
obtaining approval from the OMB.284 As training programs for United States petition, not a fee charged per
stated in section V.E.1 of this preamble, workers. The Northern Mariana Islands beneficiary like the CNMI education
form numbers are included for U.S. Workforce Act of 2018, Public Law funding fee. USCIS must use the
informational purposes, but USCIS may 115–218, sec. 3, 132 Stat. 1547 (2018) revenue for preventing immigration
collect fees for immigration benefit (2018 CNMI Act), granted DHS the benefit fraud in the CNMI, in
requests regardless of the assigned form authority to adjust the fee for inflation. accordance with INA sec. 286(v)(2)(B), 8
number. If the Form I–129 is separated See 48 U.S.C. 1806(a)(6)(A)(ii). U.S.C. 1356(v)(2)(B). See also 48 U.S.C.
into smaller forms with different names DHS proposes a $10 adjustment to the 1806(a)(6)(A)(iv), as amended by 2018
in the future, then the new, separate $200 CNMI education funding fee based CNMI Act, sec. 3.
forms for nonimmigrant petitions will on the methodology described in the DHS also proposes conforming edits
each have the same fee that is authorizing statute.286 Beginning in FY to CNMI regulations regarding fee
established for that nonimmigrant 2020, DHS may adjust the CNMI waivers and biometric services.
classification if this rule is final. Finally, education funding fee once per year by Currently, some CNMI applicants and
as previously noted in the preamble, notice in the Federal Register.287 The beneficiaries may qualify for a fee
DHS proposes to remove references to adjustment must be based on the annual waiver based on inability to pay or other
‘‘Form I–129’’ from 8 CFR. See e.g. 8 change in the CPI–U published by the reasons. See 8 CFR 214.2(e)(23)(xv),
CFR 214.1 and 214.2 (Oct. 1, 2020); BLS. See proposed 8 CFR (w)(5), and (w)(14)(iii). Generally, fee
proposed 8 CFR 214.1 and 214.2. 106.2(c)(7)(iii). Therefore, the CNMI waivers are not available for
education funding fee would be $210 employment-based applications and
8. Commonwealth of the Northern (rounded to the nearest $5 increment). petitions. However, when DHS
Mariana Islands Fees Although the law provides DHS with established the CW–1 petition fees, it
DHS proposes to create a fee of $1,015 explicit authority to adjust the fee for decided to treat the CNMI with more
for Form I–129CW, Petition for a CNMI- inflation based on the CPI–U, DHS flexibility in this regard. See 76 FR
Only Nonimmigrant Transitional includes this proposed increase along 55513–55514 (Sept. 7, 2011). DHS
Worker. See proposed 8 CFR 106.2(a)(4). with other fees that USCIS collects. DHS proposes in this rule to continue to offer
Two recent public laws affected took a similar approach when it first fee waivers for CNMI applicants filing
statutory fees for the CNMI. The increased the premium processing fee in Form I–129CW and Form I–539. See
Northern Mariana Islands Economic 2010. See 75 FR 33477. The final rule proposed 8 CFR 106.3. Currently, CNMI
Expansion Act, Public Law 115–53, will establish an amount based upon the beneficiaries may pay a biometric
section 2, 131 Stat. 1091, 1091 (2017) latest published annual CPI–U before services fee when seeking a grant or
(2017 CNMI Act) increased the CNMI the final rule publication. DHS may extension of CW–1 status in the CNMI.
education funding fee from $150 to revisit inflation increases to the CNMI See 76 FR 55513–55514; 8 CFR
$200. See 48 U.S.C. 1806(a)(6)(A)(i). education funding fee in future fee rules 214.2(e)(23)(viii) and (w)(16). As
USCIS began accepting this increased or separately. explained in section VIII.E., Changes to
fee on August 23, 2017.285 DHS In addition to authorizing inflation Biometric Services Fee, DHS proposes
proposes to make conforming edits to adjustments for the CNMI education to incorporate the cost of biometric
the fee for the Petition for a CNMI-Only funding fee, the 2018 CNMI Act created services into the underlying
Nonimmigrant Transitional Worker, a new $50 CNMI fraud prevention and immigration benefit request fees. This
Form I–129CW, because of this statutory detection fee. 2018 CNMI Act, sec. 3 proposed change would place the entire
change. See 8 CFR 103.7(b)(1)(i)(J) (Oct. (amending 48 U.S.C. 1806(a)(6)(A)(iv)). financial burden for CNMI petition fees
1, 2020); proposed 8 CFR 106.2(c)(7). The new $50 fraud prevention and on the employer, eliminating any fees
Employers must pay the fee for every detection fee is in addition to other fees paid by the beneficiary. See proposed 8
beneficiary that they seek to employ as that employers must pay for petitions to CFR 106.2, 214.2(v)(23)(viii) and
a CNMI-only transitional worker. The employ CNMI-only transitional workers. (w)(16).
fee must be paid at the time the petition See proposed 8 CFR 106.2(c)(6). USCIS DHS does not propose to limit the
is filed. By statute, since the fee is for began accepting the fee on July 25, number of named beneficiaries included
each worker approved, USCIS refunds 2018.288 The new fee is only due at the in a single I–129CW filing. USCIS does
the CNMI education funding fee if the not have separate completion rates for
petition is not approved. The fee is a 286 The unadjusted annual average CPI–U for
CNMI petitions. Currently, USCIS
recurring fee that petitioners must pay 2019 was 255.657. See BLS, CPI for All Urban adjudicators report hours for Form I–
Consumers (CPI–U) 1982–84=100 (Unadjusted)—
every year. A prospective employer CUUR0000SA0, available at https://data.bls.gov/ 129CW in a catch-all Form I–129
requesting issuance of a permit with a cgi-bin/surveymost?bls (last visited Feb. 18, 2022). category.
validity period longer than 1 year must In 2021, it was 270.97, a 15.313 or approximately
pay the fee for each year of requested a 5.99 percent increase. Id. The $200 fee adjusted 9. H–1B Electronic Registration Fee
for inflation is approximately $212, a $12 increase.
validity. USCIS transfers the revenue When rounded to the nearest $5, the inflation In 2019, DHS established a $10
from the CNMI education funding fee to adjusted fee would be $210. registration fee per beneficiary for H–1B
the treasury of the Commonwealth 287 Beginning in FY 2020, the Secretary of petitions. See ‘‘Registration Fee
Government to use for vocational Homeland Security, through notice in the Federal Requirement for Petitioners Seeking To
Register, may annually adjust the supplemental fee
imposed under clause (i) by a percentage equal to File H–1B Petitions on Behalf of Cap
284 The Administrative Procedure Act excepts

the annual change in the Consumer Price Index for Subject Aliens,’’ 84 FR 60307 (Nov. 8,
‘‘. . . rules of agency organization, procedure or All Urban Consumers (CPI–U) published by the 2019). The $10 registration fee is
practice.’’ 5 U.S.C. 553(b)(A); James v. Hurson Bureau of Labor Statistics (BLS). 48 U.S.C.
Assocs., Inc. v. Glickman, 229 F.3d 277, 280 (D.C. 1806(a)(6)(A)(ii).
separate from and in addition to the H–
Cir. 2000). 288 USCIS, ‘‘New Law Extends CNMI CW–1 1B petition filing fee. See 84 FR 60309.
285 USCIS, ‘‘New Legislation Increases
Program, Mandates New Fraud Fee, and Will USCIS requires the registration fee
Availability of Visas for CNMI Workers for Fiscal Require E-Verify Participation,’’ available at https:// regardless of whether the potential
Year 2017,’’ available at https://www.uscis.gov/ www.uscis.gov/news/alerts/new-law-extends-cnmi-
news/news-releases/new-legislation-increases- cw-1-program-mandates-new-fraud-fee-and-will-
petitioner’s registration is selected.
availability-visas-cnmi-workers-fiscal-year-2017 require-e-verify-participation (last updated on Oct. USCIS lacked sufficient data to
(last updated on Aug. 28, 2017). 23, 2018). precisely estimate the costs of the
registration process at the time, but classification. Even with the higher Processing Service for Employment-
implemented the $10 fee to provide an registration fee requirement, the Based Petitions and Applications,’’ 66
initial stream of revenue to fund part of registration process is still expected to FR 29682. The rule’s preamble stated
the costs to USCIS of operating the result in a net cost-savings to USCIS and that the District of Columbia
registration program. Id. DHS stated that petitioners due to cost savings Appropriations Act of 2001 (Pub. L.
USCIS would review the fee in the associated with unselected petitions in 106–553) ‘‘specified that the Service
future. Id. DHS proposes $215 based on DHS’ Registration Requirement for was required to process applications
the results of the FY 2022/2023 fee Petitioners Seeking to File H–1B under the Premium Processing Service
review. See proposed 8 CFR Petitions on Behalf of Cap-Subject in 15 calendar days,’’ as part of a general
106.2(c)(11). Aliens.289 description of the statute. 66 FR 29682.
USCIS lacks information on the direct DHS has re-examined the District of
L. Premium Processing—Business Days Columbia Appropriations Act of 2001
cost of H–1B registration, but USCIS
estimated the indirect costs of the H–1B DHS proposes to define the premium and found that it did not define the
registration program using the same processing timeframe for all timeframe by which INS was required to
methods as it did to calculate other fees. immigration benefit request types process applications under the Premium
The methodology for estimating the cost designated for premium processing to Processing Service and was, in fact,
provides results that are similar to the only include business days.290 DHS is silent on the issue.292 Thus, DHS has
USCIS Immigrant Fee, which was proposing to define business days as determined that the June 1, 2001,
established as part of the FY 2010/2011 days that the Federal Government is interim rule stating a 15 calendar day
fee rule. See 75 FR 58979. However, the open for business, which do not include processing timeframe was required by
H–1B registration fee contains and weekends, federally observed holidays, the District of Columbia Appropriations
funds fewer activities. DHS bases the or days on which Federal Government Act of 2001 was incorrect because there
proposed fee on the activity costs for the offices are closed, such as for weather- is nothing in that statute establishing a
following activities: related or other reasons.291 The closure timeframe in which premium
• Inform the Public may be nationwide or in the region processing must occur, let alone how
• Management and Oversight where the adjudication of the benefit for that timeframe is to be calculated.
which premium processing is sought Without a specific timeframe or an
As such, the proposed fee is based on
will take place. The former INS explanation of how that timeframe is to
the estimated cost of these two
established the current premium be calculated, DHS may interpret its
activities. See the supporting
processing timeframe interpretation in authority under INA sec. 286(u), 8
documentation included in the docket
June 2001. See ‘‘Establishing Premium U.S.C. 1356(u), to define the timeframe
for this rulemaking for more information
in which premium processing must
on USCIS fee review activities. The 289 See 84 FR 940. occur. Thus, DHS has reevaluated its
proposed fee does not include activity 290 See 8 CFR 106.4(e). DHS lengthened the old statutory interpretation to see if the
costs for paper intake because timeframe for USCIS to take an adjudicative action premium processing program and
registration is only available online. It on petitions filed with a request for premium
premium processing timeframes can be
does not include the cost of any processing from 15 calendar days to 15 business
days in the 2020 fee rule. See 8 CFR 106.4 (Oct. 2, revised to make the program more
adjudication activities because the fee is
2020). However, on March 30, 2022, USCIS serviceable for USCIS while continuing
only for registration, not a decision. If published the Implementation of the Stopgap to provide an expedited level of
selected, the petitioner must file Form USCIS Stabilization Act rule (Premium Processing
processing for their immigration
I–129 separately. Rule), which amended USCIS premium processing
DHS understands that an increase regulations by updating the regulations to include petitions and applications.293
the fees established by the Emergency Stopgap When USCIS is unable to complete
from $10 to $215 may appear to be USCIS Stabilization Act for immigration benefit premium processing within the required
exorbitant at first glance. However, the requests that were designated for premium
timeframe, USCIS must suspend
$10 fee was established simply to cover processing on August 1, 2020, and established new
fees and processing timeframes consistent with premium processing. When USCIS
a small portion of the costs of the
section 4102(b) of the Emergency Stopgap USCIS suspends premium processing, it must
program rather than perpetually leaving Stabilization Act. See 87 FR 18227. The Premium refund the fees for the premium
100 percent of those costs to be funded Processing Rule explained that USCIS was not
processing requests it cannot complete.
by the fees paid for other unrelated calculating premium processing timeframes in
business days because at that time 8 CFR 106.4 was In recent years, USCIS has suspended
requests. As stated in the rule setting the
not being administered as a result of the injunction for certain categories of employment-
fee, ‘‘DHS proposed a $10 fee to provide staying the 2020 Fee Rule in ILRC and NWIRP. The based petitions when it determines that
an initial stream of revenue to mitigate Premium Processing rule explained that by
it has inadequate resources to devote to
potential fiscal effects on USCIS. removing the reference to business days in the
premium processing regulations, the premium premium processing requests, and might
Following implementation of the
processing regulations will be clear and consistent otherwise refund a large number of
registration fee provided for in this rule, with current practices and requirements and not be Form I–907 fees for failure to meet the
USCIS will gather data on the costs and a source of confusion to the public. Id. at 18233.
required processing timeframe.294
burdens of administering the 291 DHS recognizes that calculating premium
registration process in its next biennial processing timeframes in business days is

292 See Public Law 106–553 (2000) sec. 112.
inconsistent with the definition of ‘‘day’’ in 8 CFR
fee review to determine whether a fee 1.2, which provides that when computing the 293 DHS also notes that section 4102(b) of the
adjustment is necessary to ensure full period of time for taking any action [in chapter I USCIS Stabilization Act provides premium
cost recovery.’’ 84 FR 60309. DHS sees of title 8 of the CFR] including the taking of an processing times of 30 and 45 days, indicating that
no reasons why U.S. employers who appeal, [it] shall include Saturdays, Sundays, and Congress considers periods that are two and three
legal holidays, except that when the last day of the times longer than 15 days to be premium service.
wish to temporarily employ foreign period computed falls on a Saturday, Sunday, or a 294 USCIS has not suspended premium processing
workers in specialty occupations should legal holiday, the period shall run until the end of for any requests since the USCIS Stabilization Act
not cover the expenses of the H–1B the next day which is not a Saturday, Sunday, or became law. That law provides that DHS may
registration program, which is a a legal holiday. However, having recognized the suspend the availability of premium processing for
definition of ‘‘day’’ in 8 CFR 1.2, DHS believes for designated immigration benefit requests only if
prerequisite to being able to file a the reasons stated and explained in the preamble circumstances prevent the completion of processing
nonimmigrant petition for a foreign that it is necessary for DHS to define premium of a significant number of such requests within the
worker in the H–1B nonimmigrant processing timelines in business days. Continued
In certain instances, USCIS has been petitions eligible for premium benefit requests so designated. See
unable to maintain existing premium processing were filed on paper at the USCIS Stabilization Act, sec. 4102(c),
processing timeframes due to the high service centers. Service centers needed Public Law 116–159 (Oct. 1, 2020). The
volume of incoming petitions and a time to adapt workspace configurations USCIS Stabilization Act allows for
significant surge in premium processing and procedures to ensure physical expansion of premium processing to
requests.295 For example, USCIS twice distancing and other safety protocols for certain EB–1 and EB–2 (NIW) petitions,
suspended premium processing before employees working on site and picking which are more complex adjudications
cap-subject H–1B season, which is the up and dropping off files. Contracted typically containing voluminous
largest premium processing workload. employees had to be in the building to evidence and generally requiring more
In one such circumstance, USCIS receive the petitions, data enter them time to adjudicate than benefit types
initially announced it expected the into the system, put the files together, previously afforded premium
suspension to last up to 6 months then and deliver the files to the adjudicators. processing. See 8 U.S.C. 1356(u)(2)(B). It
extended it for several more months.296 The adjudicators had to come into the also allows for expansion to Forms I–
The suspension not only lasted longer building to pick up and drop off the 539 and I–765, which, while less
than USCIS initially announced, but it files. The requirement of physical complex, constitute an exceptionally
also lasted well past the start date presence in the building greatly large filing volume which necessitates a
(October 1) for H–1B cap employees. As inhibited USCIS’ ability to process longer processing time. See 8 U.S.C.
a result, this led to uncertainty for both petitions within the allotted timeframe. 1356(u)(2)(C) and (D). USCIS must have
employers and employees, because the Irrespective of the COVID–19 pandemic, sufficient staff able to process premium
employees were not able to timely start many of the benefit requests eligible for processing cases during the allotted
when the employers requested and premium processing are still filed timeframe.
neither party could predict when the manually on paper, which necessarily USCIS cannot expand premium
employees would ultimately begin their requires USCIS employees and processing, which was specifically
employment. In addition to the harm contractors to physically handle such requested by many commentors in the
and uncertainty that suspensions cause benefit requests. If something should previous fee rule, until it has sufficient
employers, when premium processing occur, such as a natural or manmade staff to consistently adjudicate within
must be suspended, USCIS is not able disaster, that interferes or prevents the timeframes. However, it is difficult
to obtain the revenue from premium USCIS employees or contractors from to estimate the staff needed to process
processing to offset its costs and for being able to adjudicate benefit requests petitions during a certain timeframe
other uses. USCIS currently shifts seeking premium processing, those using calendar days. In 2018, premium
adjudicators and other resources to workdays lost should not count against processing was suspended in April,
address seasonal increases in filings. the premium processing timeframe. then the suspension was extended until
USCIS employees are limited in the after the Federal holidays in December
USCIS will also transfer files to offices
hours they are available to work by and January. In the last 2 weeks of
with more processing capacity as
collective bargaining agreements and December 2018, USCIS lost 3 days of
needed. However, shifting adjudicators
contracted staff are limited to the hours processing to Federal holidays and 4
or files to focus on premium processing
provided by contract, and both Federal days to weekends. USCIS cannot hire
does not achieve the efficiency needed
employees and contracted staff are additional staff in short periods of time,
as higher volumes of incoming petitions
prohibited from working outside regular nor can it reallocate staff without
or applications limit USCIS’ ability to
business hours or while not in a pay affecting other processing times. DHS’s
complete processing within the required
status. If USCIS needs its employees to proposed solution to consistently offer
processing timeframe.
work overtime to process these petitions and expand (as Congress has
USCIS also had to suspend premium and applications within a certain authorized) premium processing
processing due to the COVID–19 timeframe, it must of course pay them services is to calculate the timeframe in
pandemic.297 At that time, all the the applicable overtime pay rate. business days. Calculating the premium
Because USCIS adjudication operations processing timeframes based on the
required period. 8 U.S.C. 1356(u)(5)(A). While that are fee funded, USCIS does not always
law reiterates the standard that USCIS has generally days in which USCIS is actually
followed in suspending premium processing, DHS
have sufficient funds to support processing petitions and applications
does not know if that provision will reduce future overtime; therefore, it must calculate the (business days) will enable USCIS to
suspensions by itself. premium processing timeframes based make premium processing more
295 See USCIS, ‘‘USCIS Will Temporarily Suspend
on the days in which it can actually consistently available and expand it to
Premium Processing for All H–1B Petitions,’’ process petitions and applications
available at https://www.uscis.gov/archive/uscis- the newly designated classifications and
will-temporarily-suspend-premium-processing-all- (business days). USCIS is not asserting categories as intended by the USCIS
h-1b-petitions (last updated March 3, 2017); see also that all adjudications will increase to Stabilization Act. This avoids USCIS
‘‘USCIS Will Temporarily Suspend Premium the full allowance of business days, having to suspend premium processing,
Processing for Fiscal Year 2019 H–1B Cap however this change provides needed
Petitions,’’ available at https://www.uscis.gov/news/ which limits access to more applicants
alerts/uscis-will-temporarily-suspend-premium- flexibility for holidays, weather and petitioners and extends the pending
processing-fiscal-year-2019-h-1b-cap-petitions (last emergencies, and other circumstances period for adjudication.
updated March 20, 2018). outside the agency’s control. DHS has determined that it is more
296 See USCIS, ‘‘USCIS Resumes Premium
In addition, the USCIS Stabilization appropriate for the premium processing
Processing for Fiscal Year 2019 H–1B Cap

Petitions,’’ available at https://www.uscis.gov/news/
Act prohibits USCIS from making timeframes to be calculated using
alerts/uscis-resumes-premium-processing-for-fiscal- premium processing available if it business days rather than calendar days
year-2019-h-1b-cap-petitions (last updated Jan. 25, adversely affects processing times for and proposes to apply this
2019). immigration benefit requests not
297 See USCIS, ‘‘USCIS Announces Temporary
interpretation to all premium processing
designated for premium processing or timeframes.298 USCIS considers
Suspension of Premium Processing for All I–129
and I–140 Petitions Due to the Coronavirus the regular processing of immigration
Pandemic,’’ available at https://www.uscis.gov/ 298 On October 1, 2020, the USCIS Stabilization
news/alerts/uscis-announces-temporary- and-i-140-petitions-due-to (last updated Mar. 27, Act amended section 286(u) of the INA, 8 U.S.C.
suspension-of-premium-processing-for-all-i-129- 2020). 1356(u), and did not define how to calculate the
calculating premium processing burdens on petitioners, applicants and impose a fee of this amount on
timeframes in business days appropriate DHS. For example, any limitation on fee prospective adoptive parents seeking to
because: (1) USCIS can only process intake that must be enforced by USCIS adopt a child from another country.
petitions and applications on business adds a business requirement for the Therefore, DHS proposes to apply the 18
days; (2) using calendar days results in immigration benefit to be accepted. percent weighted average increase to the
inconsistent and varying timeframes for Each rule requires system programming current fee of $775, which represents a
USCIS to process requests for premium and may result in unnecessary $145 increase to $920 for Forms I–600/
processing based on holidays and rejections. Thus, DHS proposes, instead 600A/800/800A. Proposed 8 CFR
weather emergencies; and (3) using of mandating the separate payment, to 106.2(a)(29), (30), (44), and (45). The
calendars days causes particular provide that USCIS may require the fee percentage increase is not specific to
operational challenges when trying to to request premium processing service adoption application and petition fees.
meet the shorter 15-day premium to be paid in a separate remittance from It is the same percentage that DHS uses
processing timeframe applicable to other filing fees. Proposed 8 CFR for all USCIS fees that DHS proposes to
certain immigration benefits. By 106.4(b). DHS will maintain the keep below full cost. See section V.B.3.
changing to business days instead of authority to require separate payments It is worth noting that the proposed fee
calendar days, USCIS avoids having to when combined payments need to be would include the cost of biometric
suspend premium processing more precluded because they cause intake services under this proposal. See section
frequently which therefore alleviates the and acceptance problems. USCIS may VIII.E. of this preamble. As such, the
waiting time for applicants and require the premium processing service $920 proposed fee is less than the
petitioners. fee be paid in a separate remittance from current $775 plus the separate $85 fees
Separate from this rulemaking, USCIS other filing fees and preclude combined for biometric services for two adults in
is providing more flexibility in paying payments in the applicable form a household. Two adults in a household
the premium processing fee. For instructions. Id. would pay $945 with the current fee
example, USCIS piloted and expanded structure for intercountry adoption.
credit card payments for Forms I–129, I– N. Intercountry Adoptions Thus, the proposed fees are $25 less
140, and I–907.299 USCIS will continue DHS made several changes in the than the current fees for two adults in
to evaluate options that give employers 2020 fee rule related to intercountry a household who file an intercountry
more options and flexibility when using adoptions. See 8 CFR 204.3 and 204.312 adoption-based application or petition
premium processing and when filing (Oct. 2, 2020). As discussed elsewhere, to adopt a single child or birth siblings.
petitions in general. DHS and USCIS are enjoined from DHS greatly values its role in
following the regulations codified by intercountry adoptions and places high
M. Permitting Combined Payment of the
that rule and DHS is proposing this rule priority on the accurate and timely
Premium Processing Fee
to replace the 2020 fee rule. processing of immigration applications
DHS proposes to permit the fee to and petitions that enable U.S. families
Nevertheless, commenters supported
request premium processing service to to provide permanent homes for
the changes to the handling of Hague
be paid with the same remittance as adopted children from around the
Adoption Convention transition cases
other filing fees. Proposed 8 CFR world. It also recognizes that the
and the adoption process improvements
106.4(b). DHS currently requires the fee financial costs, both foreign and
in that rule. See 85 FR 46850. Therefore,
to request premium processing service domestic, involved in intercountry
in the following sections of this
to be paid in a separate remittance from adoptions can have significant impacts
preamble, DHS generally repeats the
other filing fees. 8 CFR 106.4(b). DHS on these families. DHS has a history of
rationale that we provided for all of the
has found in its application of the new modifying policies to ease burdens
adoption related changes from the 2019
premium processing regulations (87 FR associated with international adoption.
proposed rule. See 84 FR 62313–62315.
18260) that mandating a separate Before 2007, USCIS required
payment in all premium processing 1. Adjustment to Proposed Fees for prospective adoptive parents who had
submissions may impose unnecessary Certain Intercountry Adoption-Specific not found a suitable child for adoption
Forms within 18 months after approval of their
timeframe by which USCIS must process Application for Advance Processing of
applications under the Premium Processing Service, DHS proposes to limit the increase of
with section 286(u) of the INA, 8 U.S.C. 1356(u), adoption-related fees in this rule an Orphan Petition, Form I–600A, to
still remaining silent on the issue. consistent with previous fee rules. See, submit a fee with their request to extend
299 See USCIS, ‘‘USCIS Expands Credit Card
e.g., 81 FR 73298. DHS will continue its their approval. Since 2007, USCIS has
Payment Pilot Program to California Service
policy of reducing fee burdens on permitted adoptive parents to request
Center’’, available at https://www.uscis.gov/ one extension of their Form I–600A
newsroom/alerts/uscis-expands-credit-card- adoptive families by covering some of
payment-pilot-program-to-california-service-center the costs attributable to the adjudication approval without charge, including the
(last updated Nov. 5, 2021); see also USCIS, ‘‘USCIS of certain adoption-related petitions and biometric fee. See 72 FR 29864; 8 CFR
Expands Credit Card Payment Pilot Program to
applications (Forms I–600/600A/800/ 103.7(b)(1)(i)(Z) (Oct. 1, 2020). Finally,
Vermont Service Center’’, available at https:// DHS does not charge an additional filing
www.uscis.gov/newsroom/alerts/uscis-expands- 800A) through the fees collected from
credit-card-payment-pilot-program-to-vermont- other immigration benefit requests. If fee for an adoption petition filed on
service-center (last updated Oct 21, 2021); see also DHS used the estimated fee-paying unit behalf of the first beneficiary child or
USCIS, ‘‘USCIS Expands Credit Card Payment Pilot birth siblings. See 8 CFR
cost from the ABC model for Form I–
Program to Form I–140 When Requesting Premium 103.7(b)(1)(i)(Z) and (b)(1)(i)(JJ)(1) (Oct.
Processing’’, available at https://www.uscis.gov/ 600A, then this benefit request would
1, 2020).
news/alerts/uscis-expands-credit-card-payment- have a fee of at least $1,454.300 DHS DHS also has a history of setting
pilot-program-to-form-i-140-when-requesting- believes that it would be contrary to
premium-processing (last updated July 20, 2021); adoption-related fees lower than the
see also USCIS, ‘‘USCIS Expands Credit Card
public and humanitarian interests to amount suggested by the fee-setting
Payment Pilot Program to Texas Service Center’’, methodology. In the 2010 fee rule, the
available at https://www.uscis.gov/newsroom/ 300 Model output from Appendix Table 4 in the
alerts/uscis-expands-credit-card-payment-pilot- FY 2022/2023 Immigration Examinations Fee

calculated fee for adoption petitions and
program-to-texas-service-center (last updated Sept Account Fee Review Supporting Documentation applications (Forms I–600/I–600A and
9, 2021). (supporting documentation) in the docket. I–800/I–800A) was $1,455, based on
projected costs. See 75 FR 33461; 8 CFR Suitability to Adopt a Child from a 4. Form I–600A/I–600, Supplement 3,
103.7(b)(1)(i)(Y), (Z), (II), (JJ) (Oct. 1, Convention Country, and any approved Request for Action on Approved Form
2020). In the FY 2016/2017 fee review, extension. I–600A/I–600
DHS set the Form I–600 fee at $775 Currently, the approval of a Form I– DHS proposes to revise and republish
despite the estimated cost of $2,258. See the regulation that creates a new
600A in an orphan case is valid for 18
81 FR 73299. Shifting the adoption form 302 to further align the processes
months. See 8 CFR 204.3(h)(3)(i) (Oct. 1,
application and petition costs to other for adoptions from countries that are not
fees is consistent with past DHS efforts 2020). However, standard USCIS policy
has been that the FBI’s clearance of a party to the Hague Adoption
and is in the public interest to support Convention (Hague or Convention) with
parents of children adopted abroad. person’s fingerprints is valid for 15
months, thereby creating inconsistency the processes for adoptions from
2. Clarification of Fee Exemption for between the 15-month fingerprint countries that are party to that
Birth Siblings Convention. The proposed form name is
clearance validity and the 18-month
Form I–600A/I–600, Supplement 3,
DHS proposes to revise and republish approval validity period for the Form I–
amendments to 8 CFR 106.2, 204.3, and Request for Action on Approved Form
600A. This inconsistency was partially I–600A/I–600. The proposed fee is $455.
204.313 to clarify the regulations and resolved with the ratification of the
align them with current practice that Proposed 8 CFR 106.2(a)(31). As
Hague Convention on Protection of discussed in the PRA section of this
prospective adoptive parents with a Children and Co-operation in Respect of
valid Form I–600A or Form I–800A preamble, the draft Supplement 3 is
Intercountry Adoption (Hague Adoption posted in the docket of this rulemaking
approval are not required to pay a fee Convention) and subsequent
for the first Form I–600 or Form I–800 for the public to review and provide
codification of 8 CFR 204.312(e)(1), comments.
petition. If they are approved to adopt
whereby the initial approval period for Currently, prospective adoptive
more than one child, they are required
a Form I–800A in a Convention case is parents face different processes for
to pay the filing fee for additional Form
I–600 or Form I–800 petitions unless the 15 months from the date USCIS received requests for action on approved
beneficiaries are birth siblings. the initial FBI response for the suitability applications in Hague cases
To align with current and historical fingerprints of the prospective adoptive than they do in non-Hague cases. USCIS
practice, DHS proposes to clarify in the parent(s) and any adult members of the uses Forms I–800, I–800A, and I–800A
regulations that this exception is limited household. This 15-month period also Supplement 3 for Hague cases. USCIS
to ‘‘birth’’ siblings. This approach is applies to the extension of the Form I– uses Forms I–600 and I–600A for
consistent with the special treatment 800A approval period for an additional orphan cases. A fee for Form I–600A/I–
afforded in the INA to ‘‘natural 15 months from the date USCIS receives 600 Supplement 3 would further align
siblings,’’ which allows a Form I–600 or the new FBI response on the the Form I–600A/I–600 request for
Form I–800 petition to be filed for a fingerprints. Creating parity in the action process with the existing Form I–
child up to age 18, rather than up to age approval periods for suitability and 800A process in four key areas:
16, only if the beneficiary is the ‘‘natural eligibility determinations provides 1. Suitability and eligibility extensions.
sibling’’ of another foreign-born child additional protections for adopted 2. New approval notices.
who has immigrated (or will immigrate) 3. Change of country; and
children and provides consistency and 4. Duplicate approval notices.
based on adoption by the same adoptive alignment of the orphan and Hague
parents. INA sec. 101(b)(1)(F)(ii) and regulations. Having a standardized 15- USCIS adjudicators must reassess
(G)(iii); 8 U.S.C. 1101(b)(1)(F)(ii) and month validity period will also alleviate whether prospective adoptive parents
(G)(iii). While the INA uses the term the burden on prospective adoptive are still suitable and eligible to adopt if
‘‘natural sibling,’’ DHS generally uses the prospective adoptive parents’
parents and adoption service providers
the term ‘‘birth sibling’’ synonymously, circumstances have changed after the
to manage and monitor multiple
which includes half-siblings but does initial USCIS suitability determination.
expiration dates. Therefore, DHS The proposed fee would help recover
not include adoptive siblings.
DHS also proposes to remove fee- proposes to alter the validity period for some of the cost for this work.
related language from 8 CFR a Form I–600A approval in an orphan Requirements related to a prospective
204.3(h)(3)(i)(C) and (D) because this case to 15 months. See proposed 8 CFR adoptive parent’s change in marital
language will be covered in 8 CFR 204.3(b), (d), and (h)(7) and (13). See status for the orphan process are similar
106.2. proposed 8 CFR 204.3(h)(3).301 to the Hague process, but not identical.
DHS proposes to remove fee-related This is because the orphan process
3. Suitability and Eligibility Approval
language from 8 CFR 204.3(h)(3)(ii) provides an option for combination
Validity Period
because that language would be filing, unlike the Hague process. In the
DHS proposes to revise and republish unnecessarily redundant with the fee orphan process, a prospective adoptive
the amendments to 8 CFR 204.3 relating language in proposed 8 CFR 106.2. parent can file their Form I–600 petition
to orphan cases under INA sec. on behalf of a specific child together
101(b)(1)(F), 8 U.S.C. 1101(b)(1)(F) (non- 301 In addition to changing the 18-month period with the supporting documents for
Convention cases). The proposed to 15 months, DHS is removing the internal Form I–600A, Application for Advance
revised and republished revisions to the procedure from 8 CFR 204.3(h)(3)(i) that provides Processing of an Orphan Petition, to
orphan regulations are necessary to where documents will be forwarded and how request that USCIS decide their
eliminate disparity between the 18- notification of overseas offices of the approval is suitability and eligibility to adopt at the
month approval period for the Form I– handled. DHS is also correcting a reference to the same time as the child’s eligibility. This
600A, Application for Advance number of children the prospective adoptive
is referred to as combination filing.
parents are approved for in the home study to refer
Processing of an Orphan Petition, the For Hague cases, prospective adoptive
to the number of children the prospective adoptive
15-month validity period of FBI parents are approved for in the Form I–600A parents cannot use Form I–800
fingerprint clearances, and the 15- approval. Finally, DHS is also adding a reference to Supplement 3 if their marital status
month approval period for a Form I– proposed 8 CFR 106.2(a)(31) in § 204.3(h)(3)(i),
800A, Application for Determination of relating to Form I–600A extension requests. 302 As defined in 8 CFR 1.2.
changes. If the prospective adoptive Similarly, a prospective adoptive of the Form I–600A and Form I–600
parent’s marital status changes before parent will not be able to use Form I– instructions, which has required that
they complete the intercountry adoption 600A/I–600 Supplement 3 for the prospective adoptive parents file a new
process, their Form I–800A approval is orphan process if their marital status suitability application with an updated
automatically revoked. This is because a changes. If the prospective adoptive home study if their marital status
change in marital status considerably parent’s marital status changes before changes, rather than relying on the
changes the facts supporting a prior they complete the intercountry adoption previously filed suitability application,
suitability approval and who the process, they must submit a new a Form regardless of whether the suitability
adoptive parents will be. The I–600A or Form I–600 combination application is pending or approved.
prospective adoptive parent must filing (referred to in this preamble as a With the addition in this proposed rule
submit a new Form I–800A with an ‘‘suitability application’’) with an of the Supplement 3 for the orphan
updated home study. If the prospective updated home study. If the prospective process, DHS proposes to codify this
adoptive parent had already filed a adoptive parent already filed a Form I–
longstanding practice at 8 CFR
Form I–800 based on the approval of the 600 based on the approval of the prior
204.3(h)(14), consistent with the Hague
prior Form I–800A, they must also file Form I–600A, they must also file a new
process at 8 CFR 204.312(e)(2).
a new Form I–800. The prospective Form I–600. They must pay a new
adoptive parent must pay a new application or petition fee unless their Table 20 and the following sections
application fee unless their Form I– suitability application is still pending. summarize the current process and the
800A is still pending. See 8 CFR This is consistent with longstanding proposed changes.
204.312(e)(2). practices, as reflected in prior versions BILLING CODE 9111–97–P
Table 20: Summary of Current and Proposed Adoption Processes Related to Proposed
Form I-600A/I-600 Supplement 3
Type of Change Current Process Proposed Process
Suitability & Eligibility The Form I-600A approval notice DHS proposes to require
Extensions reflects a validity period for the prospective adoptive parents to
prospective adoptive parents' submit Form I-600A/I-600,
suitability and eligibility Supplement 3 to request the
determination. Currently, initial no-fee extension. Form
prospective adoptive parents may I-600A/I-600 Supplement 3
request one initial extension of would allow prospective
their Form I-600A approval adoptive parents to request
without fee by submitting a second or subsequent
request in writing. Prospective extensions with the proposed
adoptive parents are not able to fee. An applicant must file a
request a second or subsequent Supplement 3 to seek an
extension of their Form I-600A extension before their Form I-
approval. An applicant may not 600A suitability approval
request an extension more than 90 expires. However, a
days before their Form I-600A Supplement 3 seeking an
suitability approval expires but extension that is filed more
must do so on or before its than 90 days before the Form
expiration date. I-600A suitability approval
expires mav be denied.
EP04JA23.058</GPH>
Table 20: Summary of Current and Proposed Adoption Processes Related to Proposed
Form I-600A/I-600 Supplement 3
Type of Change Current Process Proposed Process
New Approval Notices Currently, prospective adoptive DHS proposes to require
parents can request a new prospective adoptive parents to
approval notice based on a submit Form l-600A/1-600,
significant change and updated Supplement 3 to request a new
home study with no fee. New approval notice. The
approvals require adjudicators to prospective adoptive parent
reassess whether prospective must pay the fee unless they
adoptive parents remain suitable are also filing a first-time
and eligible to adopt after the request for either an extension
significant change in or change of country. Second
circumstances. (For example, or subsequent requests would
significant decreases in finances, require the proposed fee.
change of residence, change in
household composition, etc.)
Change of Country Currently, prospective adoptive DHS proposes to require
parents may change their proposed prospective adoptive parents to
country of adoption once without submit Form l-600A/1-600,
fee. For example, if they are Supplement 3 to request the
matched with an eligible orphan in initial no-fee change of
a country other than the country proposed country of
initially identified on their Form I- adoption. 303 Form l-600A/1-
600A. For subsequent country 600 Supplement 3 would
changes, prospective adoptive allow prospective adoptive
parents file Form 1-824, parents to request a second or
Application for Action on an subsequent change in the
Approved Application or Petition, proposed country of adoption
with fee. with the proposed fee.
Duplicate Approval For duplicate approval notices, DHS proposes to require
Notices prospective adoptive parents file prospective adoptive parents to
Form 1-824, Application for submit Form l-600A/1-600,
Action on an Approved Supplement 3, with the
Application or Petition, with fee. proposed fee, to request a
duplicate approval notice.
BILLING CODE 9111–97–C approval are not allowed. See 8 CFR their Form I–600A suitability approval
a. Suitability and Eligibility Extensions 103.7(b)(1)(i)(Z)(3) (2020) (Oct. 1, 2020). expires, but on or before its expiration
DHS proposes that prospective adoptive date. DHS now proposes that an
Currently, prospective adoptive parents be allowed to request more than applicant must file a Supplement 3 to
parents pursuing an intercountry one extension of their Form I-600A seek an extension before their Form I–
adoption from non-Hague countries may approval, if necessary, by filing the 600A suitability approval expires. A
request a no-fee initial extension of their proposed Form I-600A/I-600 Supplement 3 seeking an extension
Form I–600A approval.304 Requests are Supplement 3. The first request would cannot be filed more than 90 days before
submitted in writing and second or be free under this proposal. Second or the Form I–600A suitability approval
subsequent requests to extend their subsequent requests would require the expires and must be filed before the
proposed fee of $455. See proposed 8 approval expires if they need to extend
303 See section VIII.N.4.e for limitations in Hague CFR 106.2(a)(31). their validity period. A Supplement 3
Adoption Convention transition cases and Currently, if an applicant needs to
countries. may be denied if filed sooner.305 This
304 The Form I–600A approval notice reflects the extend their Form I–600A approval,
validity period of the prospective adoptive parents’ they may file a written request for an 305 This is current practice that DHS is codifying
extension no more than 90 days before

EP04JA23.059</GPH>
suitability and eligibility determination. with the creation of Supplement 3 and a fee. See
codifies the administrative efficiencies 600A/I–600 Supplement 3, and an 600 while the Form I–600A approval
created by ensuring applicants timely updated home study, to notify USCIS of was still valid; (2) filed a Form I–600 on
file their extensions and mirrors the a significant change and request a new behalf of a beneficiary from the
existing time frames for requesting an approval notice. See proposed 8 CFR transition country; or (3) completed the
extension. In addition, this further 106.2(a)(31). The prospective adoptive adoption of a child from the transition
aligns the processes for requesting parent must pay the proposed fee of country. If the case does not qualify as
extensions for adoptions from countries $455 unless they are also filing either a a transition case, the prospective
that are not party to the Hague Adoption first-time request for an extension or adoptive parents will generally need to
Convention (Hague) with the processes first-time change of country on the same follow the Hague Adoption Convention
for countries that are a party to that Supplement 3. process with the filing of Form I–800A
Convention. See proposed 8 CFR and Form I–800. With the addition of
c. Change of Country
204.3(h)(3)(ii). the new Form I–600A/I–600
DHS proposes to remove 8 CFR Currently, prospective adoptive Supplement 3, DHS proposes to codify
204.3(h)(3)(ii) (Oct. 1, 2020). This parents may change the proposed certain limitations on when the
regulation that provides for DHS to country of adoption once without fee. Supplement 3 can be used in the
extend suitability approvals without the They may make subsequent country context of transition cases.
prospective adoptive parents requesting changes by filing Form I–824,
one in certain scenarios would no Application for Action on an Approved i. Suitability and Eligibility Extensions
longer be necessary because applicants Application or Petition, with fee. See 8 If a case qualifies as a transition case
would have a form (Supplement 3) they CFR 103.7(b)(1)(i)(OO) (Oct. 1, 2020). based on the filing of Form I–600A
can file to request unlimited extension DHS proposes that prospective adoptive before the entry into force date, to
requests for non-Hague cases. Currently, parents be allowed to change the continue as a transition case, the
DHS does not have a form for applicants proposed country of adoption by filing prospective adoptive parents must file
to request extensions for non-Hague the proposed Form I–600A/I–600 the Form I–600 petition while the Form
cases, and only allows one written Supplement 3. The first request to I–600A approval remains valid.
extension request. In association with change countries would remain free. Currently, prospective adoptive parents
this rule, DHS proposes to create a form Second or subsequent requests would are permitted to request a one-time, no-
that prospective adoptive parents can require the proposed fee of $455. Id. fee extension of their Form I–600A
use to file unlimited extension requests approval to remain a transition case. As
d. Duplicate Approval Notices
for non-Hague cases. In addition, this discussed in section a.) above, DHS
proposed change also aligns the non- Currently, prospective adoptive proposes that prospective adoptive
Hague adoptions regulations with the parents may request a duplicate parents may request more than one
Hague Adoption Convention approval notice by filing Form I–824, extension of their Form I–600A
regulations, which do not contain a Application for Action on an Approved approval outside of the transition
parallel provision that provides DHS Application or Petition, with its $465 context. DHS proposes that prospective
authority to extend suitability approvals fee. DHS proposes that prospective adoptive parents may only be permitted
in the event of such emergency because adoptive parents make duplicate to request a one-time extension of their
prospective adoptive parents can file a approval notice requests by filing the Form I–600A approval as a qualified
form to request an extension and can do proposed Form I–600A/I–600 transition case. See proposed 8 CFR
so an unlimited number of times. Supplement 3, with the proposed fee of 106.2(a)(31). Generally, transition
Finally, DHS has an obligation to ensure $455. See proposed 8 CFR 106.2(a)(31). countries have requested that DHS limit
applicants remain suitable for the ability of transition cases to
e. Hague Adoption Convention
intercountry adoption and must update continue indefinitely to limit the
Transition Cases
our suitability determination before confusion that having two
DHS proposes to clarify the processes simultaneously running processes
extending approvals. For this reason,
for requesting an extension of the Form causes to its administrative bodies and
DHS proposes to remove 8 CFR
I–600A approval and other actions on judicial systems. This will provide
204.3(h)(3)(ii) (Oct. 1, 2020).306
an approved Form I–600A or Form I– prospective adoptive parents who have
b. New Approval Notices 600 as they pertain to adoptions from taken certain steps to begin the
Currently, prospective adoptive countries that newly become a party to intercountry adoption process with a
parents using the non-Hague process the Hague Adoption Convention. When country before the Convention entered
may request a new approval notice the Hague Adoption Convention enters into force additional time to complete
based on a significant change in into force for a country, cases that meet the adoption process under the non-
circumstances at no cost. See 8 CFR certain criteria are generally permitted Hague process, but reasonably limits the
103.7(b)(1)(i)(Z) (Oct. 1, 2020). DHS by the new Convention country to ability to indefinitely extend the
proposes that prospective adoptive proceed as ‘‘transition cases’’ under the validity period of the Form I–600A
parents must file the proposed Form I– non-Hague Adoption Convention approval and the processing of
process (Form I–600A and Form I–600 transition cases under the non-Hague
USCIS Policy Manual Volume 5, Adoptions, Part B, process). Provided that the new process.
Adoptive Parent Suitability Determinations Chapter Convention country agrees with the
ii. Change of Country
5, Action on Pending or Approved Suitability transition criteria, USCIS will generally

Determinations [5 USCIS–PM B.5] available at consider a case to be a transition case The transition criteria were generally
https://www.uscis.gov/policy-manual/volume-5-
part-b-chapter-5. if, before the date the Convention designed to permit prospective adoptive
306 This provision was changed by the 2020 fee entered into force for the country, the parents who had taken certain steps to
rule, to remove language specific to SARS, and to prospective adoptive parents: (1) filed a begin the intercountry adoption process
replace with more general language about a public Form I–600A that designated the with a country before the Convention
health or other emergency. 85 FR 46921; 8 CFR
204.3(h)(3)(ii) (Oct. 2, 2020). DHS now proposes to
transition country as the intended entered into force to be able to continue
remove that provision altogether for the reasons country of adoption or did not designate under the non-Hague process, rather
stated here. a specific country and filed the Form I– than requiring them to begin again
under the Hague process, which has While the INA uses the term ‘‘natural regulation only describes the evidence
different processing requirements. If the sibling,’’ DHS generally uses the term required for a Supplement 3 for an
prospective adoptive parents already ‘‘birth siblings’’ synonymously, which extension request or a change of
designated a country of intended includes half-siblings but does not country. The current regulations do not
adoption other than the transition include adoptive siblings. include updates when listing
country on their Form I–600A or 5. Form I–800A, Supplement 3, Request evidentiary requirements for
previously changed countries to a non- for Action on Approved Form I–800A Supplement 3. This proposed
transition country, they generally would clarification mirrors current practices
not fall into the category of families the DHS also proposes a fee of $455 at 8 and form instructions. See proposed 8
transition criteria were intended to CFR 106.2 and revises and republishes CFR 204.312(e)(3)(ii).
reach because the designation is an a clarification to 8 CFR 204.312 to align DHS proposes to remove the fee
indication that they have begun the with the current process for language from 8 CFR 204.312(e)(3)(i),
intercountry adoption process with the adjudicating Form I–800A Supplement including amending paragraph
designated country and not with the 3. Currently, prospective adoptive (e)(3)(i)(A) and striking paragraphs
transition country. Therefore, in the parents may request a first extension of (e)(3)(i)(C) and (D), because this
transition context, prospective adoptive the Form I–800A approval, and a first- language is unnecessarily redundant
parents who designated a non-transition time change in the proposed country of with the fees in 8 CFR 106.2.
country on their Form I–600A or adoption, by filing Form I–800A
Supplement 3 without a fee. Second or O. Immigrant Investors
previously changed countries to a non-
transition country generally have not subsequent requests for an extension, 1. Immediate Effects of the EB–5 Reform
been permitted to change their Form I– change of country, or duplicate approval and Integrity Act of 2022
600A approval to a transition country notice can currently be made by filing
Form I–800A Supplement 3 with a fee. DHS proposes changes to various fees
for purposes of being considered a for regional centers and related
transition case. DHS proposes to codify Additionally, prospective adoptive
parents can currently request a new immigration benefit requests related to
this limitation in this rule. See proposed Employment-Based Immigrant Visa,
8 CFR 106.2(a)(31). approval notice based on a significant
change and updated home study by Fifth Preference (EB–5). As explained in
iii. Request To Increase the Number of filing Form I–800A Supplement 3. A section III.F. above, on March 15, 2022,
Children Approved To Adopt request for a new approval notice must the President signed the EB–5 Reform
be submitted with a fee unless the and Integrity Act of 2022, Div. BB of the
Outside of the transition context, Consolidated Appropriations Act, 2022
prospective adoptive parents are prospective adoptive parents are also
filing a first-time request for either an (Public Law 117–103). The EB–5 Reform
generally permitted to request an and Integrity Act of 2022 repealed the
updated Form I–600A approval notice extension or change of country on the
same Supplement 3. When DHS prior authorizing statute for the EB–5
to increase the number of children they ‘‘regional center program’’ and codified
are approved to adopt. In the transition implemented the Hague Adoption
Convention, as a matter of operational a substantially reformed regional center
context, however, prospective adoptive program in the INA, effective 60 days
parents with transition cases generally efficiency USCIS decided to accept
Form I–800A Supplement 3 extension after enactment on May 14, 2022. The
have not been permitted to request an EB–5 Reform and Integrity Act of 2022
increase in the number of children they requests regardless of whether the Form
I–800 petition was already filed, rather has no immediate impact on the staffing
are approved to adopt from a transition levels of the USCIS Immigrant Investor
than requiring prospective adoptive
country.307 However, unless prohibited Program Office. Nevertheless, and
parents to file a new Form I–800A to
by the new Convention country, DHS despite the changes in the law and
begin the process anew. That procedure
will permit prospective adoptive program, DHS has proposed fees in this
generally shortens the subsequent
parents to request an updated Form I– rule based on the currently projected
suitability and eligibility adjudication
600A approval notice to increase the staffing needs to meet the adjudicative
process for prospective adoptive parents
number of children they are approved to and administrative burden of the
seeking an extension of their Form I–
adopt as a transition case only in order Immigrant Investor Program Office
800A approval, as Supplement 3
to pursue the adoption of a birth sibling, adjudications are generally prioritized pending the fee study required by
provided the birth sibling(s) is (are) over new Form I–800A filings, allowing section 106(a) of the EB–5 Reform and
identified and the Form I–600 petition for a new decision on the prospective Integrity Act of 2022.
is filed before the Form I–600A approval adoptive parents’ suitability and
expires. See proposed 8 CFR 2. Background of the EB–5 Program
eligibility to occur more quickly.
106.2(a)(31). This approach is consistent Therefore, DHS proposes to republish 8 Congress created the EB–5 program in
with the special treatment afforded in CFR 204.312(e)(3)(i) to permit the filing 1990 to stimulate the U.S. economy
the INA to ‘‘natural siblings,’’ which of Form I–800A Supplement 3 through job creation and capital
allows a Form I–600 or Form I–800 regardless of whether Form I–800 has investment by immigrant investors. The
petition to be filed for a child up to age been filed. EB–5 regional center program was later
18, rather than age 16, only if the DHS proposes to revise 8 CFR added in 1992 by the Departments of
beneficiary is the ‘‘natural sibling’’ of 204.312(e)(3)(ii) to clarify the Commerce, Justice, and State, the
another foreign-born child who has
evidentiary requirements for updates Judiciary, and Related Agencies

immigrated (or will immigrate) based on due to significant changes. The Appropriations Act, 1993. Public Law
adoption by the same adoptive parents. Supplement 3 can be filed for an 102–395, sec. 610, 106 Stat. 1828 (Oct.
INA sec. 101(b)(1)(F)(ii) and (G)(iii); 8 extension request, a change of country, 6, 1992). As amended by the EB–5
U.S.C. 1101(b)(1)(F)(ii) and (G)(iii). a duplicate approval notice, or an Reform and Integrity Act of 2022, the
307 See USCIS, ‘‘Transition Cases’’, available at
update due to a significant change. The EB–5 program makes approximately
https://www.uscis.gov/adoption/immigration-
evidentiary requirements are the same 10,000 visas available annually to
through-adoption/transition-cases (last viewed Jun. regardless of which type of request the foreign nationals (and their dependents)
21, 2022). applicant makes. However, the current who invest at least $1,050,000 or a
discounted amount of $800,000 if the compliance reviews associated with the program encompasses Forms I–526, I–
investment is in a targeted employment review of the annual certification 526E, I–829, I–956, I–965F, and I–
area (TEA) (which includes certain rural filings. See INA section 203(b)(5)(G), 8 956G.309
areas and areas of high unemployment) U.S.C. 1153(b)(5)(G). On March 20, In the FY 2016/2017 fee rule, USCIS
or infrastructure project in a U.S. 2017, USCIS instituted EB–5 regional planned for 204 positions in IPO. In the
business that will create at least 10 full- center compliance reviews to enhance FY 2022/2023 fee review, USCIS
time jobs in the United States for the EB–5 program integrity and verify estimates an annual average
qualifying employees. See INA sec. information in regional center
requirement of 245 positions in IPO. As
203(b)(5), 8 U.S.C. 1153(b)(5); 8 U.S.C. applications and annual certifications.
discussed earlier, projected volumes
11538 U.S.C. 1153. Investors may satisfy USCIS designed this program to verify
and completion rates are two of the
up to 90 percent of the job creation the information provided by designated
main drivers in the fee review.310
requirements with jobs that are regional centers and verify compliance
Staffing requirements and costs change
estimated to be created indirectly with applicable laws and authorities to
ensure continued eligibility for the as volume or completion rate estimates
through qualifying investments within a
regional center designation. These change. Generally, EB–5 volume
commercial enterprise associated with a
compliance reviews are full-file reviews estimates decreased since the FY 2016/
regional center approved by USCIS for
and include contact via written 2017 fee rule while completion rate
participation in the regional center
correspondence, telephone, interviews, estimates increased.311 For example, the
program. INA sec. 203(b)(5), 8 U.S.C.
1153(b)(5). In FY 2013, USCIS created and onsite assessments conducted by FY 2022/2023 workload volume
the Immigration Investor Program Office IPO auditors. estimate for Forms I–526 and I–526E
(IPO) in Washington, DC, to handle EB– decreased by 10,773 or ¥73 percent
3. Proposed EB–5 Program Fees compared to Form I–526 in FY 2016/
5 matters, hiring staff with expertise in
economics, law, business, finance, The proposed fee for Forms I–526, 2017. Estimated workload for Form I–
securities, and banking to enhance Immigrant Petition by Alien 924 decreased by 338 or ¥85 percent.
consistency, timeliness, and integrity Entrepreneur, and Form I–526E, Overall, EB–5 actual receipts declined
within the program. Immigrant Petition by Regional Center consistently year-over-year from FY
USCIS is committed to strengthening Investor, is $11,160, a $7,485 or 204 2016 to FY 2020. See Table 21, EB–5
the integrity and improving the overall percent increase from the current $3,675 Receipts from FY 2016 to FY 2020.
administration of the EB–5 program. fee. See 8 CFR 103.7(b)(1)(i)(W) (Oct. 1, However, completion rates increased.
There is perennial and increasing media 2020); proposed 8 CFR 106.2(a)(24). The For example, the estimated completion
attention around the EB–5 Program, proposed fee for Form I–829, Petition by rate for Form I–526 was 6.5 hours in the
largely created around the exploitation Investor to Remove Conditions on FY 2016/2017 fee rule. See 81 FR 26925.
of the program by abusive actors.308 Permanent Resident Status, is $9,525, a In the FY 2022/2023 fee review, USCIS
Since the FY 2016/2017 fee rule, IPO $5,775 or 154 percent increase from the estimates that the completion rate for
added staff positions to focus both on current $3,750 fee. See 8 CFR Forms I–526 and I–526E is 20.69 hours,
managing the program and identifying 103.7(b)(1)(i)(PP) (Oct. 1, 2020); a 14.19 hour or 218 percent increase.
fraud, national security, public safety, proposed 8 CFR 106.2(a)(51). The The estimated completion rate for Form
and non-compliance concerns within proposed fee for Form I–956, I–924 was 40 hours in the current fee
the program. For example, IPO hired Application for Regional Center structure. Id. In the FY 2022/2023 fee
auditors to complete regional center Designation, is $47,695, a $29,900 or review, USCIS is using the methodology
168-percent increase from the $17,795 for Forms I–924 and I–924A and
308 Michelle Hackman & Konrad Putzier, ‘‘Cash- fee for Form I–924, Application for applying it to Forms I–956 and I–956G
for-Visa Program Looks to Be in Jeopardy,’’ The Regional Center Designation under the respectively. USCIS estimates that the
Wall Street Journal (June 15, 2021), available at Immigrant Investor Program. See 8 CFR completion rate for Form I–956
https://www.wsj.com/articles/cash-for-visa- 103.7(b)(1)(i)(WW) (Oct. 1, 2020); (formerly Form I–924) is 108.50 hours,
program-looks-to-be-in-jeopardy-11623758401; see
also U.S. Citizenship and Immigr. Servs., U.S. Dep’t
proposed 8 CFR 106.2(a)(64). DHS also a 68.50 hour or 171 percent increase.
of Homeland Security, ‘‘Hearing on ‘‘Citizenship for proposes a $47,695 fee for Form I–956F, The work associated with Form I–956
Sale: Oversight of the EB–5 Investor Visa Program’’ Application for Approval of Investment adjudications includes reaffirmations
before the Senate Committee on the Judiciary on in a Commercial Enterprise, because the and terminations; therefore, the time
June 19, 2018’’ (last updated June 19, 2018), information it collects and the benefit
available at https://www.uscis.gov/tools/resources- requirements associated with these
for-congress/testimonies/hearing-on-citizenship-for- that results was previously an optional subsequent actions is factored into the
sale-oversight-of-the-eb-5-investor-visa-program- submission that was adjudicated on overall completion rate for Form I–956.
before-the-senate; U.S. Dep’t of Justice, Office of Form I–924, when included. Section The number of approved regional
Public Affairs, ‘‘Chinese National Pleads Guilty to 103(b)(1)(F) of the EB–5 Reform and
Illegal Exports to Northwest Polytechnical centers decreased from 2016 to 2020 by
University’’ (Apr. 28, 2021), available at https:// Integrity Act of 2022, Div. BB of the over 200, significantly increasing the
www.justice.gov/opa/pr/chinese-national-pleads- Consolidated Appropriations Act, 2022 number of hours spent on the
guilty-illegal-exports-northwestern-polytechnical- (Pub. L. 117–103) now requires a terminations of those regional centers.
university; U.S. Dep’t of Justice, U.S. Attorney’s regional center, once designated with an
Office, Eastern District of Louisiana, ‘‘Ex-White Increased work associated with
House Military Aide and Maryland Businessman approved Form I–956, to submit an terminations contributed to the overall
Found Guilty for Operating Fraudulent EB–5 Visa application for approval of an increase in the completion rates.
Scheme (Sept. 6, 2019), available at https:// investment in a commercial enterprise

www.justice.gov/usao-edla/pr/ex-white-house- (Form I–956F). The proposed fee for 309 DHS has also created Forms I–956H, Bona
military-aide-and-maryland-businessman-found-
guilty-operating-fraudulent; U.S. Dep’t of Justice,
Form I–956G, Regional Center Annual Fides of Persons Involved with Regional Center
U.S. Attorney’s Office, West District of Wisconsin, Statement, is $4,470, a $1,435 or 47 Program, and I–956K Registration for Direct and
‘‘Developer Sentenced to 4 Years in Prison for percent increase from the $3,035 fee for Third-Party Promoters, for the new EB–5 program.
Defrauding Investors seeking Permanent Residency DHS proposes no fee for those forms in this rule.
Form I–924A, Annual Certification of 310 See section V.B, Methodology, earlier in this
under Federal Immigration Program (Aug. 4, 2017),
available at https://www.justice.gov/usao-wdwa/pr/
Regional Center. See 8 CFR preamble for workload volumes and completion
developer-sentenced-4-years-prison-defrauding- 103.7(b)(1)(i)(WW) (Oct. 1, 2020); rates in the FY 2022/2023 fee review.
investors-seeking-permanent-residency. proposed 8 CFR 106.2(a)(66). The EB–5 311 Id.
IPO staffing did not decrease from the incurs costs associated with regional paying unit costs in the ABC model
levels estimated in the FY 2016/2017 fee centers that fail to file Form I–956G. because there are fewer paying
rule despite lower workload volumes USCIS will sanction or terminate the customers from whom USCIS recovers
because the amount of work required designation of a regional center in the the cost of processing the EB–5
per form increased (in other words, program if a regional center fails to workloads. As discussed in earlier in
completion rates increased) and USCIS submit information annually. See INA this preamble, DHS bases most
increased the number of other positions section 203(b)(5)(G), 8 U.S.C. proposed fees on fee-paying unit costs
to strengthen the program integrity, 1153(b)(5)(G). Therefore, USCIS must from the ABC model. See section V.B.3.,
resulting in increased staffing overall. In take adjudicative action on regional Assessing Proposed fees. In a separate
some cases, there was adjudicative work centers that fail to file this form, and rulemaking, DHS may reevaluate EB–5
that was required even if there was no there is a cost involved even if no fee proposed fees to meet the timely
petition and associated filing fee filed. is filed to cover the cost. processing goals of Public Law 117–103.
In addition to reviewing Form I–956G The reduced EB–5 workload volume See Public Law 117–103 at div. BB, sec.
(formerly Form I–924A), USCIS also contributes to significantly higher fee- 106.
Table 21: EB-5 Receipts from FY 2016 to FY 2020

Form FY 2016 FY 2017 FY 2018 FY 2019 FY 2020
l-526/1-526E 14,147 12,165 6,424 4,194 4,378
1-829 3,474 2,625 3,283 3,756 3,096
1-956 (former 1-924) 436 280 122 79 34
l-956G (former l-924A) 785 842 787 808 702
EB-5 Total 18,842 15,912 10,616 8,837 8,210
The proposed fees represent DHS may reevaluate EB–5 proposed fees that immigrant investors and regional
consistent application of the to meet the additional fee guidelines of centers are able to pay the fees and the
methodology discussed earlier in this EB–5 Reform and Integrity Act of 2022 requirements for financial wherewithal
preamble. In each case, the EB–5 sec. 106(c). Under the ability-to-pay in the program are inconsistent with
proposed fees are based on the ABC principle, those who are more capable shifting its costs to other requests and
model outputs. As explained earlier in of bearing the burden of fees should pay requiring others to subsidize its share of
the preamble, the fees for benefit more for a service than those with less the costs of USCIS. While the proposed
requests with higher fee-paying volume ability to pay. The requirements of EB–5 fees are some of the highest on the
or model outputs, such as the EB–5 immigrant investor program indicate fee schedule, the revenue from them is
forms, are set higher than the model that immigrant investors and regional still a small part of the total revenue
outputs via the process called cost centers have the ability-to-pay more forecast because the volumes are low.
reallocation. See section V.B.3. than most USCIS customers. In See Table 22. The EB–5 average annual
Consistent with the practice and the addition, compared to the amount of
revenue forecast is approximately $80.7
treatment of similar forms in this capital required and the required
million for the FY 2022/2023 period. As
proposed rule, the proposed fees for the investment levels for an immigrant
such, the EB–5 revenue forecast is only
EB–5 forms exceed the estimated full investor, the amount of the USCIS fees
cost of adjudication because, under the are an insignificant amount. Thus, DHS approximately 2 percent of the total
model, the fees include amounts needed proposes that the fee amounts indicated average annual FY 2022/2023 revenue
to recover the costs associated with by the ABC full cost recovery model for forecast with the proposed fees.
processing other workloads where fees the four immigrant investor forms are
are insufficient to recover full cost. Id. not capped or decreased. DHS believes
EP04JA23.061</GPH>
Table 22: FY 2022/2023 Average Annual EB-5 Revenue Forecast with Proposed Fees
Revenue with Proposed

Immigration Benefit Request
Fees (in Millions)
I-526/I-526E Immigrant Petition by Standalone/Regional Center $43.52
Investor
1-829 Petition by Investor to Remove Conditions on Permanent $30.96
Resident Status
1-956, Application for Regional Center Designation $2.96
I-956G, Regional Center Annual Statement $3.25
EB-5 Subtotal $80.69
Asylum Program Fee $425.18
All other IEF A non-premium revenue $4,657.85
Grand Total $5,163.72
P. Genealogy and Records Congress provided specific authority genealogy search and records requests
for establishing USCIS genealogy fees since they had been established.
1. Genealogy Search and Records program fees. See INA sec. 286(t), 8 See 81 FR 73304. DHS set both
Requests U.S.C. 1356(t). The statute requires that genealogy search and records requests
DHS revised the regulations governing genealogy program fees be deposited fees at $65. Id. At the time, genealogy
genealogical research requests in the into the IEFA and provides that the fees fees were insufficient to cover the full
2020 fee rule. See 85 FR 46915. The for such research and information costs of the genealogy program. DHS
services may be set at a level that will increased the fee to meet the estimated
changes were intended to allow USCIS
ensure the recovery of the full costs of cost of the program and permit USCIS
to send pre-existing digital records as
providing all such services. Id. USCIS to respond to requests for such
part of a response to requestors who
does not receive appropriations for historical records and materials.
have filed Form G–1041, Genealogy genealogy workloads, and genealogy
Index Search Request, and otherwise After more than ten years of operating
revenue does not augment Government the genealogy program, DHS proposes to
help USCIS improve genealogy tax revenue. USCIS only receives
processes. DHS also proposed a fee for make several changes to the process.
appropriations for E-Verify, the Ultimately, DHS expects these changes
a Genealogy Index Search Request, Citizenship and Integration Grant may allow USCIS to provide genealogy
Form G–1041, of $240, and for a Program, and other specific purposes, as search results and historic records more
Genealogy Records Request, Form G– explained in section III.B. of this quickly when pre-existing digital
1041A, of $385. 84 FR 62362. Numerous preamble. records exist.
commenters generally opposed The USCIS genealogy program First, DHS proposes to revise
increasing fees for genealogy search and processes requests for historical records genealogy regulations to encourage
records requests for various reasons. 85 of deceased individuals. See requestors to submit the electronic
FR 46834. For the 2020 final rule, Establishment of a Genealogy Program, versions of Form G–1041, Genealogy
USCIS refined the methodology used to 73 FR 28026 (May 15, 2008) (final rule). Index Search Request, and Form G–
estimate genealogy program costs and Before creating a genealogy program, 1041A, Genealogy Records Request,
DHS established a fee for Form G–1041 USCIS processed the requests as FOIA through the online portal at https://
when filed online as $160 and $170 request workload, which resulted in www.uscis.gov/records/genealogy. See
when filed on paper. DHS established a delays. See Establishment of a proposed 8 CFR 103.40(b). Electronic
fee for Form G–1041A when filed online Genealogy Program, 71 FR 20357 (Apr. versions of the requests reduce the
as $255 and $265 when filed by paper. 20, 2006) (proposed rule). Requestors administrative burden on USCIS by
These fees were enjoined and not use the USCIS website 312 or Form G– eliminating the need to manually enter
implemented. 1041, Genealogy Index Search Request, requestor data into its systems.
The FY 2022/2023 IEFA fee review to request an index search of USCIS
Requestors that cannot submit the forms
has determined that USCIS needs historical records. See 8 CFR
electronically may still submit paper
additional funds for its Genealogy 103.7(b)(1)(i)(E) (Oct. 1, 2020). USCIS
copies of both forms with the required
Search and Records Requests program. informs the requestor whether any
filing fees.
Therefore, DHS again proposes changes records are available by mailing a
Second, DHS proposes to change the
response letter. Requestors use the Form
to the genealogy search and request search request process so that USCIS
G–1041A, Genealogy Records Request,
program. These proposals will allow may provide requestors with pre-
to obtain copies of USCIS historical
USCIS to send pre-existing digital existing digital records, if they exist, in
records, if they exist. See 8 CFR
records as part of a response to response to a Form G–1041, Genealogy
103.7(b)(1)(i)(F) (Oct. 1, 2020).
requestors who have filed Form G–1041, In the FY 2016/2017 fee rule, USCIS Index Search Request. When requestors
Genealogy Index Search Request, adopted the first change to the submit Form G–1041, Genealogy Index
recover the costs of the genealogy Search Request, on paper or
program, and may otherwise help 312 USCIS, ‘‘Genealogy,’’ available at https:// electronically, USCIS searches for
USCIS improve genealogy processes. available records. If no record is found,
EP04JA23.062</GPH>
www.uscis.gov/records/genealogy.
then USCIS notifies the requestor by USCIS staffing, as explained later in this approximately 6 genealogy positions out
mail or email. If USCIS identifies section. of the total 24,266 positions in the fee
available records, then USCIS provides The proposed fees are based on review.
details on the available records, but results from the same ABC model used USCIS used historical information to
does not provide the copies of the actual to calculate other immigration benefit calculate completion rates for genealogy
records. Under current regulations, a request fees proposed in this NPRM. search and records requests. The
requestor must file Form G–1041A, However, the proposed increase reflects completion rates allow for separate
Genealogy Records Request, with a fee changes in USCIS’ methodology for search and record request fees based on
for each file requested, before USCIS estimating the costs of the genealogy the average time to complete a request.
provides any records that it found as a program to improve the accuracy of its As such, the proposed fees each
result of the search request. DHS estimates. In the FY 2016/2017 fee rule, represent the average staff time required
proposes to provide the requestor with DHS estimated the costs of the to complete the request, similar to most
those pre-existing digital records, if they genealogy program indirectly using other fees proposed in this rule. The
exist, via email in response to the initial projected volumes and other completion rates in the 2020 fee rule
search request. See proposed 8 CFR information. See 81 FR 26919. It did not documentation did not reflect the
103.40(f). If only paper copies of the separate genealogy from the other costs workload transfer. Updated data that
records exist, or if the requestor wants related to the division that handles reflects the change were used for this fee
a physical copy of the digitized record, genealogy, FOIA, and similar USCIS review and shows that completion rates
then the requestor must follow the workloads. Id. This methodology decreased.
current process and file Form G–1041A. underestimated the total cost to USCIS In addition to genealogy staffing,
Consistent with current practices, of processing genealogy requests by not USCIS also incurs overhead costs
requestors must still pay the Form G– fully recognizing costs associated with associated with storing and managing
1041A request fee to request a paper the staff required to process genealogical genealogy records, including the cost of
record. In short, the proposal may allow requests. Therefore, other fees have been facilities and information technology.
some customers to file a single search funding a portion of the costs of the The projected costs included a portion
request with a single fee and still genealogy program, and DHS proposes of these overhead costs. The paper filing
receive the genealogy information that to correct that. fee includes a portion of lockbox costs
they requested. USCIS forecasts that In the 2020 fee rule, USCIS created a for genealogy requests filed on paper.
records requests may be approximately new activity for this workload, called Requests filed online do not include
30 percent of index search requests. See Research Genealogy, in the ABC lockbox costs. USCIS estimates that over
section V.B.1. of this preamble for model.313 Previous fee reviews captured 90 percent of genealogy customers may
immigration benefit request volumes. this work as part of the Records file online.
Meaning, for approximately 70 percent Management activity. The same office The proposed fees for Form G–1041
of index searches, USCIS may provide that researches genealogy requests, the are $100 for online and $120 for paper
electronic copies of digital records, National Records Center (NRC), also filing. The proposed fees for Form G–
USCIS may not identify any records, or performs other functions, such as FOIA 1041A are $240 for online and $260 for
customers may not follow-up with a operations, retrieving, storing, and paper filing. See Table 23 for a summary
records request for hardcopies. moving files. To improve efficiency and of current and proposed genealogy fees.
Lastly, DHS proposes to change the decrease wait times for USCIS As explained earlier in this section, the
genealogy fees to reflect these Genealogy Program customers, proposal may allow some customers to
operational changes and recover the full processing of USCIS genealogy requests file a single search request with a single
cost of providing genealogical services. transitioned from Washington, DC, to fee and still receive the genealogy
See 8 CFR 103.7(b)(1)(i)(E) and (F) (Oct. USCIS NRC in Lee’s Summit, Missouri. information that they requested. The
1, 2020); proposed 8 CFR 106.2(c)(1) This change enabled USCIS to revise its proposal to include pre-existing digital
and (2). USCIS estimated the workload cost estimation methodology to records, if they exist, via email in
volume based on these proposed incorporate a proportional share of the response to the initial search request
changes and historic information. NRC’s operating costs based on the staff would also be more efficient than the
USCIS must estimate the costs of the devoted to the genealogy program. current process, as described earlier in
genealogy program because it does not USCIS estimates that there are this section. USCIS estimates that
have a discrete genealogy program genealogy fees may provide $1.9 million
313 The current FY 2022/2023 fee review
operating budget. Maintaining a in revenue or approximately 0.04
continues to use this new activity. See the
separate genealogy program budget supporting documentation accompanying this
percent of the USCIS total $5,163.7
would be administratively burdensome proposed rule for more information on the activities million in revenue from the proposed
because it is such a small portion of in the ABC model. fee structure.
Table 23: Genealogy Fee Comparison
Form No. Form Description Current Proposed Differenc~·1 Percent~;;

Fee(s) Fee ' ~fference.,. ____.,""'"'~ __ .
G-1 Genealogy Index Search Request

- Online
$65 i $100 $351 54%
.,.,~.,. ."·~· · · · · · · I ""--
G-1041 GPn"'<il Search Request $65 $120 $55 I 85%
- Paper
G-1041A Genealogy Records Request - $65 $240 $175
Online
G-1041A Genealogy Records Request - $65 $260 $195 300%
Paper
G-1041 Genealogy Index Search Request $130 $100 -$30 -23%
· and G- and Records Request - Online
1041A , (digital records)
2. Request for a Certificate of Non- DHS proposes a fee of $330 for a similar to most other fees proposed in
Existence request for a Certificate of Non- this rule. The fee DHS proposes does
Existence. DHS calculated the fee to not reflect cost reallocation from other
USCIS allows individuals to request a recover the estimated full cost of non-paying workloads to processing
Certificate of Non-Existence to processing these requests. If finalized, requests for a Certificate of Non-
document that USCIS has no records the fee will be established in this rule Existence, because DHS determined that
indicating that an individual became a and will be required for submission of including such costs would
naturalized citizen of the United States. Form G–1566 if it is approved before disproportionately affect the small
See 8 CFR 103.7(f) (Oct. 1, 2020) this rule takes effect. If the form is not number of requestors.
(stating, ‘‘The Director of USCIS, or such approved before this rule is to take
officials as he or she may designate, may Q. Fees Shared by CBP and USCIS
effect, the fee will be due with the
certify records when authorized under 5 submission of a non-form request until CBP shares the workload with USCIS
U.S.C. 552 or any other law to provide the form is prescribed as provided in 8 in adjudicating the following
such records.’’). This service is often CFR 299.1. DHS proposes this fee immigration benefit requests:
used by individuals gathering consistent with the full cost recovery • Form I–192, Application for
genealogical records to claim the model used for this rule to generate Advance Permission to Enter as a
citizenship of another nation. revenue to mitigate the need for other Nonimmigrant.
Historically, USCIS has operated the • Form I–193, Application for Waiver
fee payers to fund the costs of providing
Certificate of Non-Existence request of Passport and/or Visa.
certificates. • Form I–212, Application for
process informally and at no cost to The proposed fee for a request for a Permission to Reapply for Admission
individuals requesting a Certificate. Certificate of Non-Existence is based on into the U.S. after Deportation or
USCIS has now proposed to create the same ABC model used to calculate Removal.
USCIS Form G–1566, Request for a the other proposed fees. USCIS created • Form I–824, Application for Action
Certificate of Non-Existence to enable a new activity for this workload, called on an Approved Application or Petition.
customers to request the Certificate. A Certify Nonexistence, in the ABC model. USCIS and CBP each keep the
Request for a Certificate of Non- Similar to the genealogy fee, previous revenue for the applications that they
Existence is mailed to and processed at fee reviews captured this work as part adjudicate. Tables 20 and 21 summarize
the NRC. USCIS is currently seeking of the Records Management activity. See CBP and USCIS information for these
public comment and OMB approval for the supporting documentation shared workloads. Table 24 provides
creation of Form G–1566, Request for a accompanying this proposed rule for revenue information for both DHS
Certificate of Non-Existence, in more information on the activities in the components. CBP provided revenue
compliance with the requirements of the ABC model. Additionally, USCIS used collections from FY 2014 to FY 2020 for
PRA. See 86 FR 68680 (December 3, subject matter expert input to determine these immigration benefit requests.
2021) (requesting public comments on a completion rate for reviewing and Travel restrictions in FY 2020 likely
the information collection instrument responding to requests for a Certificate lowered revenue collections. DHS
for 30 days).314 of Non-Existence. Therefore, the believes that pre-pandemic data is likely
proposed fee represents the average staff to be more representative of reasonable
314 See Notice by USCIS, Agency Information
time required to complete a request, expectations for FY 2022 and FY 2023
Collection Activities; New Collection: Request for a
Certificate of Non-Existence, available at https://
and so DHS decided to use FY 2019
www.federalregister.gov/documents/2021/12/03/ activities-new-collection-request-for-a-certificate-of- amounts to reflect costs and revenue
before the pandemic. USCIS divided the
EP04JA23.063</GPH>
2021-26245/agency-information-collection- non-existence.
revenue collections by the fee for each immigration benefit request. CBP did Table 24 summarizes the USCIS and
immigration benefit request to derive not provide total workload counts for CBP revenue collections, current fees,
the fee-paying volume for each these immigration benefit requests. and fee-paying actuals.
Table 24: USCIS and CBP FY 2019 Revenue Actuals

Form Revenue Collections Current Fee Fee-Pavine Receipts
1-192 $24,678,675 NIA 28,569
1-192 USCIS Total $21,472,270 $930 23,088
1-192 CBP Total $3,206,405 $585 5,481
1-193 $3,980,339 NIA 6,804
1-193 USCIS Total $26,325 $585 45
1-193 CBP Total $3,954,014 $585 6,759
1-212 $7,877,160 NIA 8,470
1-212 USCIS Total $7,697,670 $930 8,277
1-212 CBP Total $179,490 $930 193
1-824 $4,944,135 NIA 10,633
1-824 USCIS Total $4,920,945 $465 10,583
1-824 CBP Total $23,190 $465 50
USCIS and CBP Total $41=490=034 54=476
USCIS Total $34,117,210 41,993
CBP Total $7,363,099 12,483
DHS proposes to move to a single fee methodology as other proposed fees and CBP workloads into the USCIS fee
for each of these four immigration then added information from CBP into schedule and added the CBP estimated
benefit requests. The proposed fee is the the USCIS fee schedule. CBP estimated costs to the USCIS estimated total cost
same whether CBP or USCIS adjudicates the total cost for Forms I–192 and I–193 from the ABC model. USCIS added the
the application. To calculate the in FY 2019. As stated earlier, DHS used CBP-derived fee-paying volume to the
proposed fees for these four forms, DHS FY 2019 CBP data because it is likely USCIS fee-paying volume estimates. We
combined the estimated cost and more representative of a typical year divided the combined total cost by the
volume information for these than more recent data. CBP did not combined total fee-paying volumes for
applications that both USCIS and CBP estimate the total cost of Forms I–212 or these immigration benefits. Table 25
adjudicate. DHS adds together the fee- I–824 in FY 2019. Based on CBP details the estimated cost data, fee-
paying receipt and cost data for both revenue collections in Table 24, fee- paying receipts, fee-paying unit cost,
components, as shown in Table 25, paying receipts for Forms I–212 and I– and proposed fees for combined USCIS
when calculating overall estimated costs 824 appear to be very low. USCIS
and CBP workloads.
and projected receipts. USCIS incorporated the total costs and derived
calculated proposed fees using the same fee-paying volume for the respective
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Table 25: USCIS and CBP FY 2022/2023 Estimated Costs

Form Cost Data Estimated Fee- FY 2022/2023 Fee- Proposed
Payine Receipts Payine Unit Cost Fee
1-192 $23,143,825 10,954 $2,113 $1,100
1-192 USCIS Total $20,829,436 5,473 $3,806
1-192 CBP Total $2,314,389 5,481 $422
1-193 $19,478,943 6,772 $2,876 $695
1-193 USCIS Total $17,020 13 $1,309
1-193 CBP Total $19,461,923 6,759 $2,879
1-212 $7,457,101 7,260 $1,027 $1,395
1-212 USCIS Total $7,457,101 7,067 $1,055
1-212 CBP Total - 193 -
1-824 $5,106,968 10,633 $480 $675
1-824 USCIS Total $5,106,968 10,242 $499
1-824 CBP Total - 50 -
USCIS and CBP Total $5521862837 352278
USCIS Total $33,410,525 22,795
CBP Total $21,776,312 12,483
The proposed fees represent single of Deportation or Special Rule the NACARA program. See 69 FR 20528
DHS fees for each of these workloads by Cancellation of Removal (Pursuant to (Apr. 15, 2004) and 70 FR 56182 (Sept.
combining the estimated costs and fee- Section 203 of Public Law 105–100 26, 2005). The current fees are as
paying volumes of USCIS and CBP. DHS (NACARA)). The IEFA fees for this follows:
believes that a single fee for each of application have not changed since 1. $285 for individuals,
these shared workloads will reduce 2005. The proposed fee remains less 2. $570 maximum for families, and
confusion for individuals interacting than USCIS’ estimated costs associated 3. $165 at EOIR, whether an individual or
with CBP and USCIS. DHS used the with adjudicating the application. family.
combined CBP and USCIS fee-paying Additionally, DHS proposes to combine
unit cost to calculate the proposed fees. the current multiple fees into a single In FY 2020, Form I–881 fees generated
DHS proposes to limit the fee increases Form I–881 fee because we have no data $107,640 in IEFA revenue.
for Forms I–192 and I–193. See section that supports limiting the amount Approximately 53 percent of applicants
V.B.3 for information on how DHS charged to a family. paid the $285 fee. See Table 26. EOIR
assesses fees. The proposed fees for
INS implemented two fees for this provided receipt information for FY
Forms I–212 and I–824 would recover
benefit request in 1999. See 63 FR 64895 2016 to FY 2018. EOIR received 339
full cost. Under this proposal, CBP and
(Nov. 24, 1998) (proposed rule) and 64 applications in FY 2016, 326 in FY
USCIS will each continue to keep the
revenue that they collect for these fees. FR 27856 (May 21, 1999) (interim final 2017, and 277 in FY 2018. DHS
rule). The two IEFA fees were $215 for proposes no changes to the EOIR fee
R. Form I–881, Application for an individual and $430 as a maximum because it lacks the authority to change
Suspension of Deportation or Special per family. See 64 FR 27867–27868. DOJ fees.
Rule Cancellation of Removal (Pursuant EOIR collected a separate $100 fee. Id.
to Section 203 of Public Law 105–100 INS used ABC to determine the
(NACARA)) proposed IEFA fees. See 63 FR 64900.
DHS proposes to adjust the fee for The IEFA NACARA fees have only
Form I–881, Application for Suspension changed by inflation since creation of
Table 26: FY 2020 1-881 Revenue and Fee-Paying Data

Description Fee FY 2020 FY 2020 Fee-Paying FY 2020 Percentage of
Revenue Receipts Receipts Volume
EP04JA23.066</GPH>
1-881 Individual $285 $68,685 241 53 percent

1-881 Family $570 $5,130 9 2 percent
1-881 EOIR $165 $33,825 205 45 percent
EP04JA23.065</GPH>
Table 26: FY 2020 1-881 Revenue and Fee-Payin~ Data

Description Fee FY 2020 FY 2020 Fee-Paying FY 2020 Percentage of
Revenue Receipts Receipts Volume
Total NIA $107,640 455 100 percent
In prior fee rules, DHS has not submission of an additional fee of 70 FR 56182 (Sept. 26, 2005). In the
changed the Form I–881 fees. See 72 FR $4,000 for certain H–1B petitions and 2020 fee rule, DHS removed that
29854, 75 FR 58964, and 75 FR 73312. $4,500 for certain L–1A and L–1B provision for a number of reasons. First,
DHS excluded this immigration benefit petitions. The language in Public Law an agency cannot publish a document in
request from previous fee rules, 114–113 is ambiguous and, as a result, the Notices category of the Federal
essentially treating it like other DHS had to determine whether the fee Register that provides that regulated
temporary programs or policies such as applied to all extension petitions by parties ignore the CFR and follow what
TPS and DACA. See 81 FR 73312. DHS covered employers, or just those for the Notice provides instead. That
expects the population will be which the fraud fee was also charged violates the Federal Register Act, 44
exhausted eventually due to relevant (extension of stay with change of U.S.C. 1510, and its implementing
eligibility requirements. Id. employer). DHS interpreted the Public regulations, 1 CFR part 21. Thus, 8 CFR
DHS proposes a single $340 fee for Law 114–113 fee to apply only when the 103.7(b)(3) did not provide the
any Form I–881 filed with USCIS. See fraud fee, described in INA sec. authorization for which it was intended.
proposed 8 CFR 106.2(a)(54). DHS 214(c)(12), 8 U.S.C. 1184(c)(12), is also In addition, DHS felt that adjusting
estimated the fee-paying unit cost required and issued guidance USCIS fees by inflation or social
(model output) for Form I–881 is $2,382. accordingly. See 8 CFR 103.7(b)(1)(i)(III) security cost of living adjustments
USCIS forecasts an average of 385 and (JJJ) (Oct. 1, 2020). However, in the would be insufficient to recover the full
annual Form I–881 receipts in the FY 2020 fee rule, DHS revisited the issue cost of providing adjudication and
2022/2023 biennial period. Given the and interpreted Public Law 114–113 fee naturalization services. See 85 FR
low volume and high model output, as applying to all extension of stay 46867.
DHS proposes a fee that is far less than petitions even when the fraud fee is not DHS has reconsidered the value of
the estimated cost to adjudicate the applicable. DHS still believes that the codifying an inflationary adjustment
form. DHS believes that the fee that the language in the subject statute is provision. Regardless of the CFO Act
ABC model calculates for this form ambiguous and could be interpreted as requirements, and although DHS has
would be overly burdensome and could provided in the 2020 fee rule. However, completed its biennial fee reviews as
result in an eligible applicant being DHS is not including the 9–11 Response required, the time required to propose
unable to file a request. Considering and Biometric Entry-Exit Fees for H–1B and finalize new full cost recovery fee
both its affordability and that the and L–1 Nonimmigrant Workers in this schedules does not allow DHS to make
estimated volume is so small, recovering rulemaking. Thus, 8 CFR 106.2(c)(7) and timely adjustments to USCIS fees to
full cost for this workload would not (8) as codified effective October 2, 2020, keep up with the effects of changes in
significantly affect other fees. USCIS are proposed to be revised in this immigration laws, policy, or the costs of
does not track the different level of rulemaking with the text that existed services. DHS has not calculated what
effort required to adjudicate Form I–881 immediately before the 2020 fee rule. the effects of an inflation adjustment of
applications filed by an individual See proposed 8 CFR 106.2(c)(8) and (9) fees in intervening years between fee
compared to a family. However, because (setting out the text of 8 CFR rules would have been. However, while
DHS is proposing a fee that is only 14 103.7(b)(1)(i)(III) and (JJJ) as of October we assume that inflationary adjustments
percent of the relative cost to USCIS to 1, 2020, except providing that the fee is would not have provided USCIS with
adjudicate the from, DHS is not scheduled to end on September 30, sufficient revenue to fully cover costs,
providing a multiple filing discount to 2027, as required by section 30203 of we think intermittent adjustments
applicants in the same family who file Public Law 115–123 (Feb. 9, 2018)). would have ameliorated the size of fee
their Form I–881 simultaneously. DHS may address the 9–11 Response adjustments when they were made via
and Biometric Entry-Exit Fees for H–1B rulemaking.
S. 9–11 Response and Biometric Entry- and L–1 Nonimmigrant Workers in a DHS proposes to use the Consumer
Exit Fee for H–1B and L–1 separate rulemaking in the future. Price Index for All Urban Consumers
Nonimmigrant Workers (Pub. L. 114–113
T. Adjusting USCIS Fees for Inflation (CPI–U), as published by the U.S.
Fees)
Department of Labor, U.S. Bureau of
In section 402(g) of Div. O of the DHS is proposing to codify a Labor Statistics, as the inflation index
Consolidated Appropriations Act, 2016 provision that will authorize it to adjust for these fee adjustments.316 Proposed 8
(Pub. L.114–113) 315 enacted December the fees prescribed in proposed 8 CFR CFR 106.2(c). In recognition of the rapid
18, 2015, Congress required the 106.2 by the rate of inflation. Proposed growth in the size of transfers between
8 CFR 106.2(c). Before DHS removed it a growing number of stakeholders
315 Section 402(g) of Div. O of Public Law 114– with the 2020 fee rule, 8 CFR affected by the past three fee rules,
113 added a new section 411 to the Air 103.7(b)(3)(Oct. 1, 2020) provided that adjusting USCIS fees for inflation as
Transportation Safety and System Stabilization Act, DHS may adjust USCIS immigration
49 U.S.C. 40101 note. Section 411 provided that the measured by the CPI–U may insure
fees collected thereunder would be divided 50/50
benefit fees annually by publication of future revenues against the gradual
between general Treasury and a new ‘‘9–11 an inflation adjustment notice in the erosion of real fee revenue dollars in the
Response and Biometric Exit Account,’’ until Federal Register. The adjustment was event that future rulemakings are
deposits into the latter amounted to $1 billion, at based on Federal employee salary
which point further collections would go only to
general Treasury. Deposits into the 9–11 account
inflation figures issued by the Office of 316 See, Consumer Price Index, at https://
are available to DHS for a biometric entry-exit Management and Budget. Id. DHS last www.bls.gov/news.release/cpi.toc.htm (last viewed
adjusted fees by inflation in 2005. See,
EP04JA23.067</GPH>
screening system as described in 8 U.S.C. 1365b. July 27, 2022).
slowed by intensive, careful U. Miscellaneous Technical and genealogy fees, could be removed
consideration of complex competing Procedural Changes entirely without affecting all other fees
interests and impacts. Consistent with DHS proposes several technical or generally, although they would reduce
the FPG, this approach may also base procedural changes. This rule proposes USCIS projected revenue or carryover
fees on the constant-dollar value to to move the fee regulations for USCIS to balances. For example, absent the
consumers, generally, rather than more a separate part of chapter I of title 8 of Asylum Program Fee or appropriations,
opaque estimates of Government costs the CFR. It moves them from 8 CFR part USCIS may continue to implement the
or the salaries of Federal employees. 103 to 8 CFR part 106 to reduce the Asylum Processing IFR, perhaps at a
Finally, using the CPI–U as our inflation length and density of part 103 as well reduced level. Such a funding decision
index for all fees is consistent with as to make it easier to locate specific fee may be similar to when USCIS
various statutes that have provided that provisions. In addition to the anticipated appropriations to fund
USCIS will use the CPI to adjust certain renumbering and redesignating of RAIO, SAVE, and the Office of
fees. See, e.g., Public Law 106–553, paragraphs, this proposed rule has Citizenship when it finalized fees in the
App. B, tit. I, sec. 112, 114 Stat. 2762, reorganized and reworded some FY 2010/2011 fee rule. See 75 FR 58961,
2762A–68 (Dec. 21, 2000) (premium sections to improve readability. 58966. When appropriations resources
processing fee adjustment); 48 U.S.C. However, as noted earlier in this did not fully materialize, USCIS used
1806(a)(6)(A)(ii) (Authority to adjust the preamble, DHS is proposing to adopt the other fee revenue to support these
CNMI education fee for inflation), and; changes made by the 2020 fee rule as programs in the time between the FY
8 U.S.C. 1356(u)(3)(C) (adjustment of proposed for revision or republication 2010/2011 fee rule and the FY 2016/
premium processing fees on a biennial in this rule. 2017 fee rule. See 81 FR 26910–26912.
DHS also proposes to republish the
basis). If Congress provides full or partial
amended title of 8 CFR part 103 to make
The impacts of such an adjustment it more descriptive of its contents. See appropriations to fund the Asylum
would be analyzed in a future rule proposed republished 8 CFR part 103. Processing IFR, then DHS may be able
should DHS decide to use this proposed The title of part 103 before October 2, to remove or reduce the proposed $600
authority. In such a case, the inflation 2020, was ‘‘Immigration Benefits; Asylum Program Fee in a final rule. If
adjusted fees may be higher or lower Biometric Requirements; Availability of a court ruling were to enjoin the Asylum
than proposed here. For example and as Records.’’ Part 103 contains several Processing IFR or the Asylum Program
a point of comparison only, if DHS significant requirements for filing Fee, then other USCIS operations could
adjusted the Form N–400 and biometric requests, forms, and documents with continue to benefit from the increased
services fee by inflation as of March 22, USCIS, especially in 8 CFR 103.2, which revenue from other proposed fees while
2022, then the inflation-adjusted fees should be made clearer to the users of halting or reducing implementation of
would be at least $865, $140 more than that part. Therefore, DHS proposes to the Asylum Processing IFR. Therefore,
the current fees for Form N–400 of $725 revise the title of the part to include a to protect the goals for which this rule
($640 + $85), and $105 more than the reference to filing requirements. The is being proposed DHS is codifying our
proposed N–400 fee of $760, but less proposed title is ‘‘Part 103— intent that the provisions be severable
than the fee set in the 2020 fee rule of Immigration Benefit Requests; USCIS so that, if necessary, the regulations can
Filing Requirements; Biometric continue to function should a provision
$1,170.317 Other inflation adjusted fees,
Requirements; Availability of Records.’’ be stricken. See proposed republished 8
such as those for Forms I–129 or I–485, In addition, DHS is proposing and
would likely be less than the fees CFR 106.6.
republishing a severability provision in
proposed in this rule. Future inflation- new 8 CFR part 106. As stated IX. Proposed Fee Adjustments to IEFA
based fee increases would not include repeatedly in this preamble, the fees Immigrant Benefits
policy changes. They would only adjust DHS is proposing in this rule are
fees. It is unlikely that DHS would essential to USCIS being able to fund its At current fee levels, projected USCIS
pursue an inflation-based fee operations without further deterioration costs for FY 2022 and FY 2023 exceed
adjustment until FY 2025 or at least one of its services. While all of the proposed projected revenue by an average of
year after DHS finalizes the fees it fees and other changes in this rule are $1,262.3 million each year. See Table 6,
proposes in this rule. needed to ensure adequate resources, IEFA Non-Premium Cost and Revenue
partially achieving the objectives of this Comparison. Therefore, DHS proposes
317 Current fees became effective on Dec. 23, rule is preferable to achieving none of to adjust the fee schedule to recover the
2016. See 81 FR 73292. The current fees for Form them. DHS believes that some of the full cost of processing immigration
N–400 ($640) and biometric services ($85) total
$725 for most applicants. The consumer price index
provisions of each new part can benefit requests and to continue to
for all urban consumers (CPI–U) was 241.432 in function sensibly independent of other maintain or improve current service
Dec. 2016 and 289.109 in Mar. 2022. The change provisions. As explained in this delivery standards.
in the index between these two periods was 47.68 preamble, ABC and the full cost After resource costs are identified, the
or 19.75 percent. See U.S. Department of Labor, recovery fee model that DHS uses to
Bureau of Labor Statistics, All Urban Consumers ABC model distributes them to USCIS’
(CPI–U) tables, available at https://data.bls.gov/ calculate the fees in this rule results in
primary processing activities. Table 27
timeseries/CUUR0000SA0. The inflation adjusted most of the fees being dependent on
outlines total IEFA costs by activity. See
amounts using this example would be as follows: policy decisions that affect the level of
N–400: $640 multiplied by 1.1975, which is other fees. For example, when DHS the supporting documentation in the
approximately $766.38; biometric services fee: $85
shifts the cost of benefit request fees due docket of this rulemaking for more
multiplied by 1.1975, which is approximately information on the ABC model,
$101.79. DHS rounds fees to the nearest $5. to policy considerations, exempts
Rounded to the nearest $5, the inflation adjusted requests from fees, or if fees are capped activities, and results described in this
fees would be $765 and $100, totaling $865. The by law, most other fees must/then section. While not an activity, the table
proposed fee for Form N–400 (including the cost of lists the Asylum Processing IFR as a
biometric services) is $760, which is $35 or 5
increase to compensate to recover full
percent more than the total current fees of $725 for cost. On the other hand, certain fees, separate row to be transparent.
Form N–400 and biometric services. like the Asylum Program Fee and
Table 27: Projected IEFA Costs by Activity (Dollars in Millions)

FY 2022/2023
Activity FY 2022 FY2023
Avera~e
Certify Nonexistence $1.3 $1.4 $1.4
Conduct TECS Check $129.6 $133.2 $131.4
Direct Costs $117.0 $116.7 $116.8
Fraud Detection and Prevention $328.6 $342.1 $335.4
Inform the Public $315.9 $323.6 $319.8
Intake $126.5 $128.4 $127.5
Issue Document $47.2 $46.4 $46.8
Make Determination $1,852.4 $1,901.1 $1,876.8
Management and Oversight $1,256.7 $1,275.8 $1,266.3
Perform Biometrics Services Subtotal $190.4 $193.5 $191.9
Manage Biometric Services $45.9 $46.9 $46.4
Collect Biometric Data $38.1 $39.2 $38.7
Check Fingerprints $39.3 $39.9 $39.6
Check Name $67.0 $67.4 $67.2
Records Management $255.0 $260.5 $257.8
Research Genealogy $1.9 $1.9 $1.9
Systematic Alien Verification for $50.6 $51.7 $51.1
Entitlements
Subtotal before Asylum Processing $4,673.3 $4,776.4 $4,724.8
IFR
Asvlum Processing IFR $438.2 $413.6 $425.9
Total with Asvlum Processine: IFR $5,111.5 $5,190.0 $5,150.7
Next, the ABC model distributes activity as unit costs, see Appendix VIII table includes benefit requests without
activity costs to immigration benefit of the supporting documentation fees. This table includes USCIS costs in
requests. Each total cost result is based included in this docket. Table 28 the 2-year average for FY 2022/2023. It
on the resources, activities, and various summarizes total cost estimates by also includes CBP costs; as such, the
drivers which contribute to the immigration benefit request based on total in Table 28 is higher than in Table
estimated cost of its completion. The the ABC model results. As explained 27. See Table 25 in section VIII.Q. for
ABC model estimates total cost before earlier in the preamble, the ABC model CBP total costs separately.
calculating unit costs. For total cost by excludes costs for TPS and DACA. The
EP04JA23.068</GPH>
Table 28: Projected FY 2022/2023 Average Annual Total Cost per Immigration Benefit
with Proposed Fees (Dollars in Millions)
Immigration Benefit Request Total Cost
1-90 Application to Replace Permanent Resident Card Subtotal $213.56
1-90 Application to Replace Permanent Resident Card - Online $131.23
1-90 Application to Replace Permanent Resident Card - Paper $82.33
1-102 Application for Replacement/Initial Nonimmigrant Arrival-Departure $2.31

Document
1-129 Petition for a Nonimmigrant Worker Subtotal $355.89
H-1 Classification $247.11
H-2A - Named Beneficiaries $3.22
H-2B - Named Beneficiaries $1.96
L Classification $43.24
0 Classification $21.17
I-129CW, E, H-3, TN, P, Q, or R Classifications $30.59
H-2A - Unnamed Beneficiaries $6.89
H-2B - Unnamed Beneficiaries $1.71
I-129F Petition for Alien Fiance(e) $22.01
1-130 Petition for Alien Relative Subtotal $500.49
1-130 Petition for Alien Relative - Online $112.4
1-130 Petition for Alien Relative - Paper $388.09
1-131 Application for Travel Document $117.37
1-131 Refugee Travel Document $9.58
1-13 lA Application for Carrier Documentation $2.70
1-140 Immigrant Petition for Alien Worker $73.87
1-191 Application for Relief Under Former Section 212(c) of the Immigration and $0.08
1-192 Application for Advance Permission to Enter as Nonimmigrant $23.14

EP04JA23.069</GPH>
1-193 Application for Waiver of Passport and/or Visa $19.48
1-212 Application for Permission to Reapply for Admission into the U.S. After $7.46
1-290B Notice of Appeal or Motion $47.76
1-360 Petition for Amerasian, Widow(er), or Special Immigrant $36.1
1-407 Abandonment of Lawful Permanent Resident Status $0.03
1-485 Application to Register Permanent Residence or Adjust Status $648.53
l-526/l-526E Immigrant Petition by Standalone/Regional Center Investor $32.06
1-539 Application to Extend/Change Nonimmigrant Status Subtotal $197.43
1-539 Application to Extend/Change Nonimmigrant Status - Online $71.58
T-539 Application to Extend/Change Nonimmigrant Status - Paper $125.85
1-589 Application for Asylum and for Withholding of Removal $275.94
1-590 Registration for Classification as Refugee $205.38
l-600/600A; l-800/800A lntercountry Adoption-Related Petitions and $3.54

Applications
l-600A/l-600 Supplement 3 Request for Action on Approved Form l-600A/l-600 $0.03
1-601 Application for Waiver of Grounds oflnadmissibility $14.33
l-601A Provisional Unlawful Presence Waiver $32.4
1-602 Application By Refugee For Waiver of Grounds oflnadmissibility $0.07

T-604 Determination on Child for Adoption $0.36
1-612 Application for Waiver of the Foreign Residence Requirement (Under $3.19
Section 212(e) of the INA, as Amended)
1-687 Application for Status as a Temporary Resident $0.00
T-690 Application for Waiver of Grounds oflnadmissibility $0.02
1-694 Notice of Appeal of Decision $0.00
1-698 Application to Adjust Status from Temporary to Permanent Resident $0.02

(Under Section 245A of the INA)
1-730 Refugee/Asylee Relative Position (and Travel Eligibility) $17.83
1-751 Petition to Remove Conditions on Residence $114.73

EP04JA23.070</GPH>
I-765 Application for Employment Authorization Subtotal $517.71
I-765 Application for Employment Authorization - Online $16.72
I-765 Application for Employment Authorization - Paper $501.
T-800A Supplement 3 Request for Action on Approved Form T-800A $0.67
I-817 Application for Family Unity Benefits $0.33
1-824 Application for Action on an Approved Application or Petition $5.11
I-829 Petition by Investor to Remove Conditions on Permanent Resident Status $22.79
I-881 Application for Suspension of Deportation or Special Rule Cancellation of $0.87

Removal
I-910 Application for Civil Surgeon Designation $0.51
I-914 T Nonimmigrant Status $3.16
I-918 UNonimmigrant Status $53.82
I-929 Petition for Qualifying Family Member of a U-1 Nonimmigrant $0.67
I-956 Application For Regional Center Designation $2.18
I-956G Regional Center Annual Statement $2.4
N-300 Application to File Declaration oflntention $0.01
N-336 Request for a Hearing on a Decision in Naturalization Proceedings $7.89

Subtotal
N-336 Request for Hearing on a Decision in Naturalization Proceedings - $2.58
Online
N-336 Request for Hearing on a Decision in Naturalization Proceedings - Paper $5.32
N-400 Application for Naturalization Subtotal $732.98

N-400 Application for Naturalization - Online $381.16
N-400 Application for Naturalization - Paper $351.82
N-470 Application to Preserve Residence for Naturalization Purposes $0.21
N-565 Application for Replacement Naturalization/Citizenship Document $8.07

Subtotal
N-565 Application for Replacement Naturalization/Citizenship Document - $4.87

Online
EP04JA23.071</GPH>
N-565 Application for Replacement Naturalization/Citizenship Document - $3.20

Paper
N-600 Application for Certificate of Citizenship Subtotal $23.64
N-600 Application for Certificate of Citizenship - Online $7.33
N-600 Application for Certificate of Citizenship - Paper $16.31
N-600K Application for Citizenship and Issuance of Certificate Under Section $3.03
322 Subtotal
N-600K Application for Citizenship and Issuance of Certificate - Online $1.24
N-600K Application for Citizenship and Issuance of Certificate - Paper $1.79
USC IS Immigrant Fee $93.75
H-1 B Registration Process $43.25
Request for Certificate of Non-Existence $1.35
G-1041 Genealogy Index Search Request Subtotal $1.10
G-1041 Genealogy Index Search Request- Online $1.03
G-1041 Genealogy Index Search Request - Paper $0.07
G-1041A Genealogy Records Request Subtotal $0.79
G-1041A Genealogy Records Request - Online $0.74
G-1041A Genealogy Records Request - Paper $0.05
Automatic Certificate of Citizenship $1.39
Credible Fear $157.16
DNA Collection $0.48
Overseas Verifications $0.46
Reasonable Fear $31.96
SAVE reimbursable workload $51.13
Subtotal $4,746.58
Asylum Program Fee $425.90
Total $5,172.48
Table 29 depicts the current and benefit requests and biometric services. public as part of the current Form G–
proposed USCIS fees for immigration Current USCIS fees are available to the 1055, Fee Schedule, available at https://
EP04JA23.072</GPH>
www.uscis.gov/g-1055; individual web this rulemaking. For a more detailed fees that includes additional
pages for each form are available from description of the basis for the changes contributing factors, like the proposal to
https://www.uscis.gov/forms/all-forms; described in this table, see Appendix remove the separate biometric services
and the USCIS Fee Calculator is Table 3 in the supporting fee in most cases. Table 1 may more
available at https://www.uscis.gov/ documentation accompanying this accurately reflect how the proposed fees
feecalculator. In addition, the proposed proposed rule. See Table 1 in the affect users.
fees are available in the draft version of Executive Summary of this preamble for
Form G–1055 as part of the docket for a comparison of current and proposed
Table 29: Proposed Fees by Immigration Benefit

Current Proposed Percent
Immigration Benefit Request Delta($)
Fee Fee Change
I-90 Permanent Resident Card - $455 $455 $0 0%
Online
I-90 Permanent Resident Card - $455 $465 $10 2%
Paper
Application for
Replacement/Initial
I-102 $445 $680 $235 53%
Nonimmigrant Arrival-
Departure Document
Petition for a Nonimmigrant
I-129 $460 $780 $320 70%
Worker: H-1 Classifications
H-2A-Named
I-129 $460 $1,090 $630 137%
Beneficiaries
I-129 H-2B - Named Beneficiaries $460 $1,080 $620 135%
Petition for L
I-129 $460 $1,385 $925 201%
Nonimmigrant Worker
Petition for 0
I-129 $460 $1,055 $595 129%
Nonimmigrant Worker
EP04JA23.073</GPH>
Table 29: Proposed Fees by Immi~ration Benefit

Fee Fee Chan~e
Nonimmigrant Transitional
Worker; Application for
I-129CW, Nonimmigrant Worker: E
$460 $1,015 $555 121%
and 1-129 and TN Classifications; and
Petition for Nonimmigrant
Worker: H-3, P, Q, orR
Classification.
H-2A - Unnamed
1-129 $460 $530 $70 15%
Beneficiaries
H-2B - Unnamed
1-129 $460 $580 $120 26%
Beneficiaries
I-129F Petition for Alien Fiance(e) $535 $720 $185 35%
1-130 $535 $710 $175 33%
Online
1-130 $535 $820 $285 53%
Paper
Application for Travel
1-131 $575 $630 $55 10%
Document
Refugee Travel Document
1-131 for an individual age 16 or $135 $165 $30 22%
older
Refugee Travel Document
1-131 for a child under the age of $105 $135 $30 29%
16
Application for Carrier
I-BIA $575 $575 $0 0%
Documentation
Immigrant Petition for Alien
1-140 $700 $715 $15 2%
Worker
Application for Relief
Under Former Section
1-191 $930 $930 $0 0%
212(c) of the Immigration
and Nationality Act (INA)
$585/
1-192 Permission to Enter as $930318 $1,100 $515/$170 88%/18¾
Nonimmigrant
1-193 $585 $695 $110 19%
Passport and/or Visa
Application for Permission
to Reapply for Admission
1-212 $930 $1,395 $465 50%

into the U.S. After
I-290B Notice of Appeal or Motion $675 $800 $125 19%
EP04JA23.074</GPH>

Fee Fee Change
Petition for Amerasian
I-360 Widow(er) or Special $435 $515 $80 18%
Immigrant
$1, 140/
I-485 Permanent Residence or $750319 $1,540 $400/$790 35%/105¾
Adjust Status
I-526/I- Immigrant Petition by
$3,675 $11,160 $7,485 204%
526E Standalone/Regional Center
Application to
Extend/Change
I-539 $370 $525 $155 42%
Nonimmigrant Status -
Online
Application to
Extend/Change
I-539 $370 $620 $250 68%
Nonimmigrant Status -
Paper
Petition to Classify Orphan
as an Immediate
I-600/
Relative/Application for $775 $920 $145 19%
600A
Advance Processing of an
Orphan Petition
Request for Action on
I-600A/I-
Approved Form I-600NI- NIA $455 $70 18%
600 Supp. 3
600
I-601 $930 $1,050 $120 13%
I-601A $630 $1,105 $475 75%
Unlawful Presence Waiver
the Foreign Residence
I-612 Requirement (Under $930 $1,100 $170 18%
Section 212(e) of the INA,
as Amended)
Temporary Resident under
I-687 Section 245A of the $1,130 $1,240 $110 10%
Immigration and Nationality
Act
I-690 $715 $985 $270 38%
EP04JA23.075</GPH>
Table 29: Proposed Fees bv Immi2ration Benefit

Fee Fee Chan~e
Notice of Appeal of
1-694 $890 $1,155 $265 30%
Decision
Application to Adjust Status
From Temporary to
1-698 $1,670 $1,670 $0 0%
Permanent Resident (Under
Petition to Remove
1-751 $595 $1,195 $600 101%
Conditions on Residence
Application for
1-765 Employment Authorization $410 $555 $145 35%
- Online
Application for
1-765 Employment Authorization $410 $650 $240 59%
- Paper
Petition to Classify
Convention Adoptee as an
Immediate
1-800/
Relative/Application for $775 $920 $145 19%
800A
Determination of Suitability
to Adopt a Child from a
Convention Countrv
I-800A Request for Action on
$385 $455 $70 18%
Supp.3 Approved Form I-800A
Application for Family
1-817 $600 $875 $275 46%
Unitv Benefits
Application for Action on
1-824 an Approved Application or $465 $675 $210 45%
Petition
Petition by Investor to
1-829 Remove Conditions on $3,750 $9,525 $5,775 154%
Application for Suspension
of Deportation or Special $285/
1-881 570320 $340 $55/-$230 19%/-40%
Rule Cancellation of
Removal
Application for Civil
1-910 $785 $1,230 $445 57%
Surgeon Designation
Petition for Qualifying
1-929 Family Member of a U-1 $230 $270 $40 17%
Nonimmigrant
Application for
1-941 $1,200 $1,200 $0 0%

Entrepreneur Parole
Application for Regional
1-956 $17,795 $47,695 $29,900 168%
Center Designation
EP04JA23.076</GPH>
Table 29: Proposed Fees bv Immieration Benefit

Fee Fee Chanee
Regional Center Annual
I-956G $3,035 $4,470 $1,435 47%
Statement
Application to File
N-300 $270 $320 $50 19%
Declaration oflntention
Request for a Hearing on a
N-336 Decision in Naturalization $700 $830 $130 19%
Proceedings - Online
N-336 Decision in Naturalization $700 $830 $130 19%
Proceedings - Paper
Application for
N-400 $640 $760 $120 19%
Naturalization - Online
Application for
N-400 $640 $760 $120 19%
Naturalization - Paper
Application for
N-400 Naturalization - Reduced $320 $380 $60 19%
Fee
Application to Preserve
N-470 Residence for $355 $420 $65 18%
Naturalization Purposes
Application for
Replacement
N-565 $555 $555 $0 0%
Document - Online
Application for
Replacement
N-565 $555 $555 $0 0%
Document - Paper
Application for Certificate
N-600 $1,170 $1,385 $215 18%
of Citizenship - Online
Application for Certificate
N-600 $1,170 $1,385 $215 18%
of Citizenship - Paper
Application for Citizenship
N-600K and Issuance of Certificate $1,170 $1,385 $215 18%
Under Section 322 - Online
Application for Citizenship
N-600K and Issuance of Certificate $1,170 $1,385 $215 18%
Under Section 322 - Paper
USCIS Immigrant Fee $220 $235 $15 7%
H-lB
Registration H-lB Registration Process
$10 $215 $205 2050%
Tool Fee
(OMB-64)
Request for Certificate of

G-1566 $0 $330 $330 N/A
Non-Existence
Genealogy Index Search
G-1041 $65 $100 $35 54%
Request - Online
EP04JA23.077</GPH>

Fee Fee Change
Genealogy Index Search
G-1041 $65 $120 $55 85%
Request - Paper
Genealogy Records Request
G-1041A $65 $240 $175 269%
- Online
Genealogy Records Request
G-1041A $65 $260 $195 300%
-Paper
Biometric Services $85 $30 -$55 -65%
Asylum Program Fee NIA $600 NIA NIA
A. Impact of Fees volume meeting or exceeding the organizations generally do not pay the
For some immigration benefits and projections used in the fee model as fees that would be established by this
services, fees are increasing described in section V.B.1.b of this rule (unless they independently apply
substantially. DHS recognizes that this preamble and the supporting to hire a foreign national employee), and
may be challenging for some customers documents. Many commenters on the aside from those organizations to which
and stakeholders, especially those that FY 2020 Fee Rule stated that DHS was USCIS provides citizenship and
may be taking actions or making increasing USCIS fees to deter demand integration grants, DHS has no role in
decisions with the expectation that for immigration benefits and to regulating the functions of such groups.
USCIS fees remain unchanged or discourage immigration in general. As Nonetheless, this rule could indirectly
increase more modestly. DHS stated earlier with regard to E.O. 14012, affect the population and mix of the
acknowledges that applicants and DHS is committed to encouraging access people who will want to avail
petitioners may face additional to immigration benefits. DHS themselves of the services of such
difficulties in paying the fees, and may appreciates the concerns of these earlier organizations; thus, these groups may
be required to request a fee waiver, save commenters, and sincerely hopes that choose to obtain additional funding or
money longer to afford the fees, or resort this rulemaking does not discourage or alter their programs. As discussed
to credit cards or borrowing to pursue impede individuals from obtaining the earlier in this proposed rule, absent a
their or their family members’ benefits for which they are eligible. This fee increase, USCIS anticipates having
immigration benefit. DHS has weighed is true not only as a policy matter but insufficient resources to process its
these impacts and interests and as a practical necessity. If a USCIS fee projected workload. Providing USCIS
considered alternatives to the proposals rule were to cause a significant with the funding necessary to maintain
in this rule as described in this reduction in the demand for USCIS adequate services would benefit our
preamble. DHS examined each fee in services in its administration of the legal customers and stakeholders with more
this proposed rule and adjusted the fees immigration system, it would not meet timely processing. After considering the
DHS objectives and would cause USCIS impacts on the affected groups and the
computed by the fee model where
serious fiscal problems. A large objectives of this proposed rule, DHS
appropriate and as discussed herein. It
reduction in the number of immigration has decided to move forward with this
is DHS’s view that the fees proposed
benefit filings on USCIS caused by the rulemaking despite such groups
represent the best balance of access,
COVID–19 pandemic had enormous choosing to adjust their business model
affordability, and benefits to the public
detrimental effects on the fiscal health to the proposed fees and policies.322
interest while providing USCIS with the
funding necessary to maintain adequate of USCIS. Thus, taking any actions that B. USCIS Fiscal Health
services. could result in fewer requests being
As a fee-funded agency, USCIS was
DHS notes that the success of this filed would be self-defeating to the
directly and adversely affected by the
rulemaking in funding USCIS services purposes of a rule that adjusts USCIS
global pandemic.323 This contrasts with
depends on the fee-paying request filing fees.321
congressionally appropriated agencies,
DHS also acknowledges that USCIS
whose budgets are not directly impacted
318 The current fee for Form I–192 is $585 when fees and fee policies affect the
by fluctuations in fee revenue. To
filed with and processed by CBP. When filed with operations of organizations that assist
USCIS, the fee is $930. See 8 CFR 103.7(b)(1)(i)(P) address its deteriorating fiscal situation
applicants and petitioners with the
(Oct. 1, 2020). when the pandemic compelled a
319 The $750 fee applies to ‘‘an applicant under preparation and submission of USCIS temporary closure of USCIS offices and
the age of 14 years when [the application] is: (i) benefit requests. Assistance led to a plunge in filing and fee receipts,
Submitted concurrently with the Form I–485 of a
parent; (ii) The applicant is seeking to adjust status 321 DHS has considered, but not identified any
USCIS tightened its budget while
continuing mission critical operations.
as a derivative of his or her parent; and (iii) The direct impacts on any state government because it
child’s application is based on a relationship to the is not projected to increase or decrease the number
same individual who is the basis for the child’s of immigrants who enter or leave the United States, 322 See section X.B.1 of this preamble for a
parent’s adjustment of status, or under the same or result in a shift of immigrants between or among discussion of the impacts of this rule on small
legal authority as the parent.’’ See 8 CFR the states. To the extent that states, cities, counties entities.
103.7(b)(1)(i)(U)(2) (Oct. 1, 2020). or municipal governments (or organizations that 323 See U.S. Citizenship and Immigr. Servs., U.S.
320 Currently there are two USCIS fees for Form they maintain) serve as advocacy organizations or Dep’t of Homeland Security, Deputy Director for
I–881: $285 for individuals and $570 for families. submit immigration benefit requests to USCIS, the Policy Statement on USCIS’ Fiscal Outlook,
See 8 CFR 103.7(b)(1)(i)(QQ)(1) (Oct. 1, 2020). EOIR impacts on those groups are addressed in the Available at https://www.uscis.gov/news/news-
has a separate $165 fee. DHS proposes no changes relevant sections of this rule or the supporting releases/deputy-director-for-policy-statement-on-
EP04JA23.078</GPH>
to the EOIR fee. documentation in the docket. uscis-fiscal-outlook (last viewed Jun 25, 2020).
USCIS froze hiring and terminated electronic-based process.324 Throughout from this proposed rule to maintain an
contracts. See section V.A.2. of this the implementation of the plan, USCIS acceptable level of service. In the longer
preamble. When USCIS does not have expects that efficiencies through the use term, USCIS is implementing several
the resources that it needs to meet its of electronic processing will improve measures that are intended to assist in
goals, processing times increase and the future processing times. Since this is a increasing efficiency and reducing costs.
case processing backlog grows. Congress five-year plan, the results of improving USCIS has examined our processes
authorized an immediate increase in processing times may not be and begun making changes to improve
certain premium processing fees and immediately evident as there are many efficiency and allow officers to devote
gave USCIS wider authority to spend interconnected processes associated more time to work that requires their
the premium processing revenue. See with adjudicating immigration expertise and provides the greatest
section III.D. of this preamble. More applications and petitions. As such, value to the public. For example, USCIS
recently, USCIS received appropriations USCIS is not forecasting any financial has taken the following actions:
from Congress for processing workloads efficiencies in this rule.325 • Made interviews more efficient and
stemming from the agency backlog, There are multiple factors that effective by ensuring we are
refugee admissions, and Operation contribute to calculating the number of interviewing cases only where an
Allies Welcome. See section III.A. of staff needed to adjudicate projected interview will add appreciative value to
this preamble. USCIS may continue to receipt volume. One such factor is the the adjudication, and relying on officer
seek appropriations to supplement fee- utilization rate, the amount of time judgment to decide when an interview
funded operations. If USCIS is certain to throughout a fiscal year that an officer is necessary to determine eligibility and
receive appropriations to fund the FY spends doing core adjudicative work. admissibility and should not be waived.
2023 refugee program at the time of the Further, USCIS has broken down
• Eliminated the need for individuals
final rule, then USCIS may reduce the utilization rates to ‘‘manageable’’ and
who have applied for a change of status
estimated budget requirements funded ‘‘un-manageable’’ time; un-manageable
time includes weekends, Federal (COS) to F–1 student to apply to change
by IEFA fees accordingly. USCIS will or extend their nonimmigrant status
still face resource challenges just in holidays, sick and annual leave, while
manageable time includes meetings, while their initial F–1 COS application
keeping pace with incoming receipts if is pending.326
its fees do not recover full costs. reporting, training, and other non-
adjudicative work an officer is required • Suspended the biometrics
C. Planned Increases in Efficiency to complete. Since FY 2015, USCIS has submission requirement for certain
seen utilization rates decrease to below applicants filing Form I–539,
USCIS is pursuing efficiencies that Application To Extend/Change
will streamline the adjudication of 60 percent. Beginning in FY 2022,
USCIS has set a target utilization rate of Nonimmigrant Status, requesting an
immigration benefits along with extension of stay in or change of status
increasing adjudication capacity 60 percent. While this certainly
provides for more adjudications without to H–4, L–2, and E nonimmigrant
without adding additional costs. It is status.327
important to note that these efficiencies the need for additional staff, it is not
factored into this rule because of a • Allowed fingerprint and
are not included in this fee rule;
nearly year-long hiring freeze at USCIS, photograph reuse while ASC services
however, they will be reflected in future
which ended in April of 2021. USCIS is and/or operations were at reduced
fee rules. USCIS expects that future
working to staff back up. Given the capacity as a result of the COVID–19
customers will be able to see the
efforts within USCIS to staff up for pandemic and when there was no need
benefits in more quickly adjudicated
current vacancies, it is imprudent to for an in-person identity verification at
cases. DHS plans to address the
account for efficiencies that USCIS may an ASC.328
challenge of the large volume of
pending cases and the associated growth not realize, because a goal of this rule • Extended the time that receipt
in processing times by focusing the is to achieve full cost recovery. notices can be used to show evidence of
However, USCIS expects to achieve a 60 status from 18 months to 24 months for
efforts of the USCIS workforce to
percent utilization rate as it reduces petitioners who properly file Form I–
process pending cases and by using
vacancies by hiring and training the 751, Petition to Remove Conditions on
policy and operational improvements to
new staff. Residence, or Form I–829, Petition by
reduce both the number of pending While the volume of immigration
cases and overall processing times. benefit requests that USCIS receives has 326 U.S. Citizenship and Immigr. Servs., U.S.
The USCIS Stabilization Act requires increased substantially in recent years, Dep’t of Homeland Security, Applicants for Change
a five-year plan to (1) establish DHS recognizes that USCIS fees have of Status to F–1 Student No Longer Need to Submit
electronic filing procedures for all increased at a higher rate than have the Subsequent Applications to ‘Bridge the Gap’,
applications and petitions for https://www.uscis.gov/news/alerts/applicants-for-
annual number of workload receipts change-of-status-to-f-1-student-no-longer-need-to-
immigration benefits, (2) accept that USCIS receives. In the short run, submit-subsequent-applications-to (last viewed Dec
electronic payment of fees at all filing absent funding from other sources such 1, 2021).
locations, (3) issue correspondence, as Congressional appropriations, USCIS 327 U.S. Citizenship and Immigr. Servs., U.S.
including decisions, requests for must obtain the fees that will result
Dep’t of Homeland Security, USCIS Temporarily
evidence, and notices of intent to deny, Suspends Biometrics Requirement for Certain Form
I–539 Applicants, https://www.uscis.gov/news/
to immigration benefit requestors 324 See USCIS, ‘‘Section 4103 Plan Pursuant to the alerts/uscis-temporarily-suspends-biometrics-
electronically, and (4) improve Emergency Stopgap USCIS Stabilization Act: Fiscal requirement-for-certain-form-i-539-applicants (last
processing times for all immigration and Year 2021 Report to Congress’’ (Sep. 7, 2021), viewed Dec 1, 2021).
naturalization benefit requests. See https://www.uscis.gov/sites/default/files/document/ 328 U.S. Citizenship and Immigr. Servs., U.S.
reports/SIGNED-Section-4103-FY2021-Report-9-7- Dep’t of Homeland Security, USCIS to Continue
USCIS Stabilization Act, sec. 4103, 21.pdf (last reviewed Jan. 19, 2022). Processing Applications for Employment
Public Law 116–159 (Oct. 1, 2020). 325 If USCIS is able to clearly identify reductions Authorization Extension Requests Despite
USCIS provided an implementation in the costs of USCIS to be recovered under this Application Support Center Closures, https://
plan to Congress and has begun moving rule between the proposed and final rule, DHS may www.uscis.gov/news/alerts/uscis-to-continue-
consider those cost reductions to either reduce the processing-applications-for-employment-
from a primarily paper-based proposed fees, or certain fees based on policy authorization-extension-requests-despite (last
adjudication and correspondence to an considerations, in the final rule. viewed Dec 1, 2021).
Investor to Remove Conditions on will continue to provide processing 3-percent and $3,739,208,286
Permanent Resident Status.329 times in an accurate and transparent discounted at 7-percent.
• Returned to adjudicating asylum fashion. The proposed changes in this rule
workload on a last-in-first-out basis.330 Finally, as discussed in section would also provide several benefits to
In addition, USCIS has transitioned V.A.2.b., DHS proposes to fund with DHS and applicants/petitioners seeking
non-adjudicative work from IEFA non-premium funds 1,127 staff immigration benefits. For the
adjudicators to other staff, has positions currently supported by Government, the primary benefits
centralized the delivery of information premium processing funds. Realigning include reduced administrative burdens
services through the policies and the cost of these staff to non-premium and fee processing errors, increased
processes in place to allow USCIS funds will free up an equivalent amount efficiency in the adjudicative process,
Contact Center, and is leveraging of premium processing funding for use and the ability to better assess the cost
electronic processing and automation. by USCIS as it pursues additional of providing services, which allows for
Applicants, petitioners, and requestors investments in its online filing and better aligned fees in future regulations.
also can track the status of their electronic processing capabilities. The primary benefits to the applicants/
immigration benefit requests online by petitioners include simplification of the
Furthermore, these premium processing
using their receipt number or by fee payment process for some forms,
funds also may fund additional staff for
creating an online account at https:// elimination of the $30 returned check
backlog reduction efforts, which may
uscis.gov/casestatus. Applicants may fee, USCIS’ expansion of the electronic
result in reduced backlog sizes and
make an ‘‘outside normal processing filing system to include more forms, and
decreased processing times.
time’’ case inquiry for any benefit for many applicants, limited fee
request pending longer than the time X. Statutory and Regulatory increases and additional fee exemptions
listed for the high end of the range by Requirements to reduce fee burdens.
submitting a service request online at Fee increases and other changes in
A. Executive Order 12866 (Regulatory
https://egov.uscis.gov/e-request/ or this proposed rule would result in
calling the USCIS Contact Center at 1– Planning and Review) and Executive
Order 13563 (Improving Regulation and annualized transfer payments from
800–375–5283. applicants/petitioners to USCIS of
USCIS expects to improve the user Regulatory Review)
approximately $1,612,133,742
experience as it continues to transition Executive Order (E.O.) 12866 and E.O. discounted at both 3-percent and 7-
to online filing and electronic 13563 direct agencies to assess the costs percent. The total 10-year transfer
processing of immigration applications and benefits of available alternatives payments from applicants/petitioners to
and petitions. With a new person- and, if regulation is necessary, to select USCIS of approximately
centric electronic case processing regulatory approaches that maximize $13,751,827,819 at a 3-percent discount
environment, USCIS will possess the net benefits (including potential rate and $11,322,952,792 at a 7-percent
data necessary to provide near-real-time economic, environmental, and public discount rate.
processing updates on the status of a health and safety effects, distributive
case and the time that has elapsed Fee reductions and exemptions in this
impacts, and equity). E.O. 13563 proposed rule would result in
between actions for each individual emphasizes the importance of
case. This provides greater transparency annualized transfer payments from
quantifying both costs and benefits, of USCIS to applicants/petitioners of
to the public on how long it will take reducing costs, of harmonizing rules,
to process each case effective as it approximately $116,372,429 discounted
and of promoting flexibility. The Office at both 3-percent and 7-percent. The
moves from stage to stage (for example, of Information and Regulatory Affairs
biometrics submission, interview, total 10-year transfer payments from
(OIRA), within the Office of USCIS to applicants/petitioners would
decision). In addition, USCIS has Management and Budget (OMB), has
adjusted how it calculates and posts be $992,680,424 at a 3-percent discount
designated this proposed rule a rate and $817,351,244 at a 7-percent
processing time information to improve significant regulatory action that is
the timeliness of such postings, and to discount rate.
economically significant under section The annualized transfer payments
achieve greater transparency. USCIS 3(f)(1) of E.O. 12866. Accordingly, OIRA from the Department of Defense (DoD)
329 U.S. Citizenship and Immigr. Servs., U.S.
has reviewed this regulation. to USCIS would be approximately
Dep’t of Homeland Security, USCIS Extends The fee adjustments, as well as $222,145 at 3- and 7-percent discount
Evidence of Status for Conditional Permanent changes to the forms and fee structures rates. The total 10-year transfer
Residents to 24 Months with Pending Form I–751 used by USCIS, would result in net payments from DoD to USCIS would be
or Form I–829, https://www.uscis.gov/newsroom/
alerts/uscis-extends-evidence-of-status-for- costs, benefits, and transfer payments. $1,894,942 at a 3-percent discount rate
conditional-permanent-residents-to-24-months- For the 10-year period of analysis of the and $1,560,254 at a 7-percent discount
with-pending-form (last viewed Dec 1, 2021). rule (FY 2023 through FY 2032), DHS rate. These costs, transfers, and cost
330 USCIS, USCIS to Take Action to Address
estimates the annualized net costs to the savings (qualitative benefits) are briefly
Asylum Backlog, available at https://www.uscis.gov/ public would be $532,379,138 described below in Table 30, and in
news/news-releases/uscis-take-action-address-
asylum-backlog (last updated Feb. 2, 2018). See
discounted at 3- and 7-percent. more detail in a separate Regulatory
section III.B of this preamble for a discussion of the Estimated total net costs over 10 years Impact Analysis.
FY 2022 appropriation for backlog reduction. would be $4,541,302,033 discounted at BILLING CODE 9111–97–P
Table 30. Summary of Proposed Provisions and Other Fee Adjustments - Costs, Cost Savings, Transfer
Payments and Benefits
Description of Estimated Annual Costs Estimated Annual Cost

Proposed Rule Provisions
Change and Transfer Payments Savings and Benefits
1. Dishonored Check Re- • DHS proposes that if Quantitative: Quantitative:

presentment a check or other Applicants- Applicants -
Requirement, Fee financial instrument
Payment Method, and • Transfer payments from • None.
used to pay a fee is
Non-refundability applicants/petitioners to
returned as
USCIS of approximately
unpayable because Qualitative:
$546,286 (annual
of insufficient funds,
average amount USCIS Applicants -
USCIS will resubmit
refunds to
the payment to the • None.
applicant's/petitioner's)
remitter institution
due to non-refundable
one time.
fees. DHS/USCIS-
• If the remitter • Clarifying dishonored
institution returns Qualitative: Applicants - fee check re-
the instrument used presentment non-
• None.
to pay a fee as refundability policies,
EP04JA23.079</GPH>
unpayable, USCIS limiting the age of

will re-deposit the checks to be presented
DHS/USCIS-
financial instrument and limiting payment
ifit is returned for • None. options would reduce
insufficient funds. If administrative burdens
it is returned a and fee processing
second time, USCTS errors for USCTS.
will reject the filing.
Checks returned for
• USCIS will be able to
another reason will
invoice the responsible
not be re-deposited
party (applicant,
and such filings will
petitioner, or
be rejected
requestor) and pursue
immediately.
collection of Ute
unpaid fees when
• In addition, DHS
banks that issue credit
may reject a request
cards rescind payment.
that is accompanied
by a check that is
• USCIS will lose fewer
dated more than 365
credit card disputes.
days before the
receipt date.
• DHS is also
proposing to codify
its authority to limit
payment options so
that it may require
that certain fees
must be paid using a
specific payment
method.
• DHS is also
proposing to clarify
that fees are non-
refundable
regardless of Ute
result of the request
or how much time
the request requires
to be adjudicated.
• DHS proposes to
provide Urat fees
paid to USCIS using
a credit card cannot
be disputed.
2. Eliminate $30 Returned • USCIS is proposing Quantitative: Quantitative:

Check Fee to elinrinate the $30 Applicants- Applicants -
charge for
• None.
EP04JA23.080</GPH>
dishonored • DHS estimates the

payments. annual cost savings to
Qualitative: Applicants -
applicants/petitioners
• None. would be $356,370.
DHS/USCIS- Qualitative:
• There may be an Applicants -

increase in insufficient
• The current $30 charge
payments by applicants
and the potential of
because the $30 fee may
having a benefit
serve as a deterrent for
request rejected
submitting a deficient
encourages applicants
payment.
to provide the correct
filing fees when
submitting an
application or petition.
• Applicants who submit
bad checks will no
longer have to pay a
fee.
DHS/USCIS-
• This proposed change

will provide additional
cost savings to USCIS
as it spends more than
$30 to collect the $30
returned payment
charges. USCIS hires a
financial service
provider to provide fee
collection services to
pursue and collect the
$30 fee.
3. Changes to Biometric • For nearly all Quantitative: Quantitative:

Services Fee benefit types, DHS Applicants- Applicants -
proposes to
• As a result of the $55 • None.
incorporate the
reduction in the
biometric services
biometric services fee,
cost into the Qualitative:
TPS, and Executive
underlying
Office for Immigration Applicants -
immigration benefit
Review (EOIR) an
request fees for • lncmpornting the
agency within the
which biometric biometric services fee
Department of Justice,
services are into the underlying
applicants will
applicable. benefit request filing
experience a total of
$9,447,570 in reduced fee would benefit
fees annually. This applicants by
EP04JA23.081</GPH>
• DHS proposes to represents transfer simplifying the

retain a separate payments from USCIS payment process.
biometric services to the fee payers as
fee of $30 for initial USCTS would now incur • This measure may also
applications and re- the indirect costs of reduce the probability
registrations for providing the biometric of applicants
Temporary services. subrnilling incorrect
Protected Status fees and consequently
(TPS). have their benefit
requests rejected for
• None. failure to include a
separate biometric
services fee.
DHS/USCIS-
• Eliminating the separate DHS/USCIS-

payment of the
• Eliminating the
biometric services fee separate payment of
would decrease the
the biometric services
adrninislralive burdens fee would decrease the
required to process both adrninislrative burdens
a filing fee and
required to process
biometric services fee
both a filing fee and
for a single benefit
biometric services fee
request.
for a single benefit
request.
4. Naturalization and • DHS proposes to Quantitative: Qualitative:
Citizenship Related limit the increase of Applicants-
Forms Applicants-
the fee to $760 for
FormN-400, • Increase in fees to the
Application for following naturalization • Limited fee increase
Naturalization, to and citizenship related allows more residents,
partially recover the forms: Forms N-300, N- especially those with
full cost of 336, N-400, N-470, N- financial and income
adjudicating the 600 and N-600K. This constraints to seek
Form N-400 while would result in transfer citizenship.
still promoting payments from the fee-
naturalization and paying applicants to
integration USCIS of $46,991,905
annually.
• DHS is also
proposing to keep
the reduced fee
option of $380 for Qualitative:
naturalization
applicants with Applicants -
family incomes not
• None
exceeding 200-
percent of the DHS/USCIS-
Federal poverty
guidelines (FPG). • Transfer payments from
DoD to USCIS of
$222,145 annually for
EP04JA23.082</GPH>
• DHS is keeping the N-400 (military only)

existing statutory fee reimbursements.
exemptions for
military members
• The proposal to expand
and veterans who
eligibility to request
file a Form N-400,
reduced fees would
Application for
benefit qualified
Naturalization and
applicants. DRS
FormN-600,
estimates that the fee
Application for
decrease would result in
Certificate of
transfer payments from
Citizenship, under
USCTS to Form T-942
the military
approved applicants of
naturalization
$103,225 per year.
provisions.
• Expanding the
population of applicants
using Form 1-942 would
increase the
administrative burden on
the agency to process
these forms.
5. Fees for Filing Online • In recognition of the Quantitative: Quantitative:
lower marginal Petitioners-
Petitioners -
costs to USCIS from
Online filing of Forms
online filling, DHS • Transfer payments of
intends to lower fees 1-90, 1-130, 1-539 and
$52,954,120 annnally I-765 would provide
for online filing of
from Forms 1-90, 1-130,
immigration benefit estimated annual cost
1-539 and 1-765 Online savings of$29,974,655
requests for which
filers to USCIS.
both paper and to applicants. The
online filing options societal cost savings
are available. The DHS/USCTS- would come about if
forms include: more people opted to
• None. apply online as a result
• Form 1-90, of the fee differential
Application to between online and
Replace Permanent
Qualitative:
paper tlrat is
Resident Card Petitioners - introduced in lhis
proposed rule.
• Form 1-130, Petition • None.
for Alien Relative Qualitative:
Petitioners-
DHS/USCIS-
• Form 1-539,
Application to • Encourages electronic
• None.
Extend/Change processing and
Nonimmigrnnt adjudications which
Status helps streamline
USCIS processes. This
• Form T-765, could reduce costs and
Application for could speed

Employment adjudication of cases.
Authori7ation
EP04JA23.083</GPH>
• Form N-336, DHS/USCIS-

Request for a
Hearing on a • USCIS will save in
Decision in reduced intake and
Naturcllization storage costs at the
Proceedings (Under USCIS lockbox or
Section 336 of the other intake facilities.
INA)
• Decrease the risk of

• Form N-400,
mishandled, misplaced,
Application for
damaged files or lost
Naturalization
paper files because
electronic records
• Form N-565,
would not be
Application for
physically moved
Replacement
around to different
Naturalization/Citiz
adjudication offices.
enship Document
• Fonn N-600, • Increased access to

Application for administrative records.
Certificate of USCIS could easily
Citizenship redistribute electronic
files among
• Form N-600K, adjudications offices
Application for located in different
Citizenship and regions, for better
Issuance of management of
Certificate U ndcr workload activities.
Section322
• Form G-1041,
Genealogy Index
Search Request
• Form G-l041A,
Genealogy Records
Request
6. Form 1-485, Application • DRS is proposing Quantitative: Quantitative:

to Register Permanent separate filing fees Applicants- Applicants-
Residence or Adjust for applicants filing • This increase in the • Not estimated.
Status Forml-765, Form 1-485 fee would
Application for result in approximately
Employment $22,860,810 in transfer Qualitative:
Authoriz.ation, and payments annually from Applicants -
Fonnl-131, applicants filing T-485 • None.
Application for (only) to USCIS.
Travel
Documentation DHS/USCIS-
• DRS believes that
concurrently with • DHS estimates that
unbundling the fee for
Fonnl-485,
requiring separate filing

Form 1-485 from
Application to fees for applicants filing
Fonns 1-131 and 1-765
Register Permanent 1-765 andl-131 interim
Residence or Adjust would reduce the
benefits with Form T-
burden of
EP04JA23.084</GPH>
Status or after 485 would result in administering separate

USCIS accepts their transfer payments from fees and better reflect
Form 1-485 and applicants to USClS of the cost of
w bile it is still $597,439,512 annually. adjudication
pending.
• DHS estimates transfer
• DHS is proposing payments from
that all applicants, applicants to USCIS of
including children $19,339,200 annually
under the age of 14 for children under the
years concurrently age of 14 years
filing Form 1-485 concurrently filing Form
with a parent, pay 1-485 with a parent.
the full fee.
• None.
DHS/USCIS-
• None.
7. Form I-131A, • DHS proposes to Quantitative: Quantitative:
Application for Travel separate the fee for Applicants- Applicants-
Document (Carrier Forml-131A, • None. • None.
Documentation) Application for
Changes Carrier
Documentation, Qualitative: Qualitative:
from other travel Applicants - Applicants -
document fees. • None. • None.
DHS/USCIS-
• None. DHS/USCIS-
• Allows USCIS to
assess the cost of
providing services for
this immigration
benefit and propose
better aligned fees in
future fee reviews
8. Separate Fees for Form • DHS proposes to Quantitative: Quantitative:

1-129, Petition for a charge different fees Applicants - Applicants -
Nonimmigrant Worker, for Form 1-129, • The annual increase in • None.
by Nonimmigrant Petitioner for a transfer payments from
Classification and Limit Nonimmigrant Form 1-129 visa
DHS/USCTS-
Petitions Where Worker based on the classification petitions to
• None.
Multiple Beneficiaries nonimmigrant USCIS is expected to be
are Permitted to 25 classification being $273,101,915.
Named Beneficiaries per requested in the
Petition petition, the number Qualitative:
Applicants -
ofbeneficiaries on • The total costs of the
the petition and in • None.
Asylum Program fee to
some cases, petitioners would be
according to DHS/USCIS-
EP04JA23.085</GPH>
whether the petition approximately • A benefit of the

includes named or $574,884,600 annually. different fees for the
unnamed Fonnl-129
beneficiaries. classifications is that it
DHS/USCIS- would allow USCIS to
• Not estimated. further refine its fee
• DHS also proposes model and better
to limit to 25 the reflect the cost to
number of named adjudicate each
beneficiaries that specific noninunigrant
• None.
may be included on classification.
a single petition for
• Limiting the number of
H-2A, H-2B, 0, H-
DHS/USCIS- named beneficiaries to
3,P, QandR
• None. 25 per petition
workers.
simplifies and
optimizes the
• DHS is also adjudication of these
proposing a new petitions, which can
Asylum Program lead to reduced
fee of $600 to be average processing
paid by employers times for a petition.
who file either a
Fonn 1-129, Petition
for a Noninunigrant
Worker, orFonnl-
140, Inunigrant
Petition for Alien
Worker.
9. Adjustments to • DHS is proposing to Quantitative: Qualitative:

Premium Processing change the premium Applicants - Applicants -
processing • None. • The additional days
timeframe from 15 would increase the
calendar days to 15 time frame to
business days for adjudicate which in
the inunigration tum might reduce the
benefit request types refunds issued by
with a premium USCIS and thereby
DHS/USCIS-
processing service. increase the
• None.
applications
adjudicated
Qualitative: Applicants - DHS/USCIS-

• None. • The additional days
would increase the
time frame to
DHS/USCIS- adjudicate which in
• None. tum might reduce the
refunds issued by
USCIS.
• USCIS would have

additional time to
process petitions
which would allow
USCIS to avoid
EP04JA23.086</GPH>
suspending premium
processing service as
often as has recently
been required when
premium processing
request volumes arc
high.
• This change would

enable USCIS to make
premium processing
more consistently
available and expand
this service to the
newly designated
classifications and
categories allowed by
the USCIS
Stabilization Act.
Quantitative:
Applicants - Qualitative:
• None. Applicants and
• Currently, DHS DHS/USCIS --
mandates separate • DHS has found in its
payments to request application of the new
premium processing DHS/USCIS- premium processing
services. Instead of • None. regulations (87 FR
mandating the
18260)thatmandating
sepamte payments, a separate payment in
DHS proposes that Qualitative: all premium
USCIS may require Applicants - processing
premium processing • None. submissions may
service fees be paid
impose unnecessary
in a separate DHS/USCIS-
burdens on petitioners,
remittance from • None.
applicants, and DHS.
other filing fees. Hence, not 1nandating
• DHS is also a separate payment in
proposing to permit all premium
combined payments processing
of the premium submissions reduces
processing service unnecessary burdens
fee with the on petitioners,
remittance of other applicants, and DHS.
filing fees.
10. lntercountry Adoptions • DHS proposes to Quantitative: Quantitative:

clarify and align Applicants- Applicants -
regulations with • DHS estimates that the • None.
current pmctice filing fee and the time to
regarding when complete and submit
prospective adoptive Form l-600A/l-600 Qualitative:

parents are not Supplement 3 would Applicants -
required to pay the cost$ 215,590 annually. • Limiting the fee
Form 1-600 or Form increase helps to
EP04JA23.087</GPH>
1-800 filing fee for reduce the fee burdens

multiple Form 1-600 on adoptive families
or Form 1-800 • The increase to the by covering some of
petitions. current fees for the the costs attributable to
existing adoption-related the adjudication of
forms would result in certain adoption-
transfer payments from related petitions and
• DHS is altering the applicants to USCIS of
validity period for a applications.
approximately $
Forml-600A 246,060 annually.
approval in an
orphan case from 18 • The unifonn 15-month
to 15 months to validity period will
remove Qualitative: Applicants - also alleviate the
inconsistencies • None. burden on prospective
between Form I- adoptive parents and
600A approval DHS/USCIS- adoption service
periods and validity • None. providers to monitor
of the Federnl multiple expirntion
Bureau of dates.
Investigation (FBI)
background check.
• These proposed
changes also clarify
• DHS is also the process for
proposing to create applicants who would
a new form called like to request an
Form I-600A/I-600 extension of Form I-
Supplement 3, 600A/I-600 and/or
Request for Action certain types of
on Approved Form updates or changes to
T-600 A/T-600. their approval.
• Accepting the Form I-

800A Supplement 3
extension requests will
make subsequent
suitability and
eligibility adjudication
process faster, for
prospective adoptive
parents seeking an
extension of their
Form I-800A approval.
DHS/USCIS-
• Standardizes USCIS
process and provides
for the ability to

collect a fee.
EP04JA23.088</GPH>
• Improve and align the

USCIS adjudication
and approval processes
for adoptions of
children from
countries that are party
to the Hague Adoption
Convention and from
countries that are not.
11. Immigrant Investors • DHS proposes to Quantitative: Quantitative:

increase fees across Applicants- Applicants-
the forms including • Annual transfer • None.
Forms 1-526/1- payments from EB-5
526E,331 1-829, I- investors and regional
956 (formerly I- centers to USCIS would Qualitative:
924), l-956G be approximately Applicants -
(formerly 1-924A) $61,841,070 for Form I- • None.
and T-956F 526/526E, $18,751,425
associated with the for 1-829, $5,681,000 for
EB-5 program. 1-956, and $1,173,830 DHS/USCIS-
forl-956G. • None.
Qualitative:
Applicants -
• None.
DHS/USCIS-
• None.
12. Changes to Genealogy • DHS proposes to Quantitative: Quantitative:

Search and Records revise genealogy Applicants- Applicants-
Requests regulations to • Annual transfer • None.
encourage payments from fee
requestors to use the paying applicants of
online portal to Forms G-1041, G- Qualitative:
submit electronic 1041A and G-1566 to Applicants -
versions of Form G- USCIS of$1,198,890. • Streamlining the
1041. genealogy search and
records request process
• DHS also proposes Qualitative: increases accuracy due
to change the index Applicants - to reduced human error
search request • None. from manual data
process so that entry.
USCIS may provide
DHS/USCIS-
requesters with
• None. DHS/USCJS-
digital records via
• Reduce costs for
email in response to
mailing, records
processing, and storage
EP04JA23.089</GPH>
the initial search costs because

request. electronic versions of
records requests will
• DHS intends to reduce the
lower the proposed administrative burden
fees for the onlinc onUSCIS.
filing of Forms G-
1041 and G-1041A
• Streamlining the
to reflect the lower
genealogy search and
marginal costs to
records request process
USCIS from online
increases accuracy.
filing.
• DHS is proposing to
charge a fee for
requests for a
Certificate of Non-
Existence.
13. Fees Shared by CBP • DHS proposes to Quantitative: Quantitative:
andUSCIS adjust fees for the Applicants- Applicants-
fo11owing • Annual transfer • None.
immigration benefit payments of
requests it $12,705,970 from fee
adjudicates with payers to USCIS. Qualitative:
U.S. Customs and Applicants -
Border Protection • A single fee for each
(CBP): Qualitative: shared form would
Forml-192, Applicants - reduce confusion for
Application for • None. individuals interacting
Advance Permission with CBP and USCIS.
to Enter as a
Nonimmigrant DHS/USCIS-
Forml-193, • None. DHS/USCIS-
Application for • None.
Waiver of Passport
and/or Visa
Forml-212,
Application for
Permission to
Reapply for
Admission into the
U.S. after
Deportation or
Removal
Form l-824,
Application for
Action on an
Approved Application
or Petition.
14. Form 1-881, Application • DHS is combining Quantitative: Quantitative:

for Suspension of the current multiple Applicants- Applicants-
Deportation or Special • Transfer payments of • None.
fees charged for an

Rule Cancellation of individual or family $1,529 annually from I-
Removal (Pursuant to into a single fee for 881 individual filers to
Section 203 of Public each filing of Form USCIS. Qualitative:
EP04JA23.090</GPH>
Law 105-100 1-881, Application Applicants -

[NACARA]) for Suspension of • None.
Deportation or • $184 annually in
Special Rule transfer payments from
USCIS to 1-881 family DHS/USCIS-
Cancellation of
applicants since this fee • Combining the two
Removal (Pursuant
is less than the cost to Immigration
to Section 203 of
adjudicate the Examinations Fee
Public Law 105-
application Account (IEF A) fees
100, the Nicaraguan
into a single fee will
Adjustment and
streamline the revenue
Central American
collections and
Relief Act Qualitative:
Applicants - reporting.
[NACARA]).
• None.
• A Single Form 1-881

DHS/USCIS-
fee may help reduce
• None.
the administrative and
adjudication process
for USCIS more
efficient.
15. Fee Waivers • DHS proposes that Quantitative: Quantitative:

fee waiver requests Applicants - Applicants -
must be submitted • None. • None.
only on the form
prescribed by
DHS/USCIS- DHS/USCIS-
USCIS, which is the
• None. • None.
Request for Fee
Waiver (Form I-
912). Qualitative:
Applicants -
• None.
• None.
DHS/USCIS-
• More simplified and
DHS/USCIS- streamlined system to
• None. process fee waivers.
16. Fee Exemptions • DHS is proposing to Quantitative: Quantitative:

provide fee Applicants- Applicants-
exemptions for • Transfer payment of • Average of
additional benefit approximately $12,390,027 in cost
requests filed by the $106,821,450 annually savings to the public
following from USCIS to the for no longer having to
humanitarian-based public. complete and submit
immigration Forml-912.
beneficiaries: 332
Qualitative:
• Victims of Severe Applicants -

Form of Trafficking • None.
(T Nonimmigrants) Qualitative:
EP04JA23.091</GPH>
• Victims of A pplicants -
Qualifying Criminal
DHS/USCIS-
• Individuals who are
Activity (U unable to afford
• DHS expects a decrease immigration benefit
Nonimmigrants)
in administrative burden request fees would
• VAWAFormI-360
associated with the benefit from filing a
Self-Petitioners and
processing of the Form request with no fees.
Derivatives
I-912 (fee waiver) for
• Conditional
categories of requestors
Permanent DHS/lJSCIS -
that would no longer
Residents Filing a
require a fee waiver • None.
Waiver of the Joint
because they will be fee
Filing Requirement
exempt
Based on Battery or
Extreme Cmelty
• Abused Spouses and
Children Adjusting
Status under CAA
andHRIFA
Children Seeking
Benefits under
NACARA
Children of LPRs or
U.S. Citizens under
INA Section
240A(b)(2)
• Special Immigrant
Afghan or Iraqi
Translators or
Interpreters, Iraqi
Nationals Employed
by or on Behalf of
the U.S.
Government, or
Afghan Nationals
Employed by or on
Behalf of the U.S.
Government or
Employed by the
ISAF (Sil and SI2)
• Special Immigrant
Juveniles (SIJs)
• Temporary
Protected Status
(TPS)
• Asylees
• Refugees
• Person Who Served
Honorably on
Active Duty in The
U.S. Armed Forces

Filing Under INA
Section
10 l(A)(27)(K)
EP04JA23.092</GPH>
17. Additional Fee DHS proposes to Quantitative: Quantitative:

Adjustments increase fees for the Applicants- Applicants-
following forms: • Transfer payment from • None.
fee payers to USCIS of
• 1-90 (paper) approximately Qualitative:
• 1-102 $674,215,570 annually. Applicants -
• 1-130 (paper) • None.
• 1-131 Qualitative:
• 1-140 Applicants -
DHS/USCIS-
• 1-601 • None.
• None.
• 1-612
• l-290B
• 1-360
• 1-539 (paper)
• l-601A
• l-687/1-690/1-694
• 1-751
• 1-765 (paper)
• 1-817
• 1-910
• 1-929
18. Adjusting USCIS Fees • DHS proposes to Quantitative: Qualitative: Applicants

for Inflation use the CPI-U as Applicants-
the inflation index • None. • None.
for fee
adjustments
between Qualitative: Qualitative:
comprehensive Applicants - DHS/USCIS-
fee rules. The • None.
actual impacts of • Allows DHS to publish
such adjustments timely fee schedule
DHS/USCIS-
would be adjustments to insure
• None.
analyzed in a the real value of
future rule should USCIS fee revenue
DHS exercise this dollars against future
proposed
inflation.
authority.
Source: USCIS analysis.
Note: The dollar amounts in this table are undiscounted.
DHS has prepared a full analysis this rulemaking or by searching for RIN above, Table 31 presents the accounting
according to E.O. 12866 and E.O. 13563, 1615–AC18 on www.regulations.gov. In statement as required by Circular A–
which can be found in the docket for addition to the impacts summarized 4.333
331 Combines both Forms I–526, Immigrant 332 These fee exemptions do not impact eligibility 333 OMB Circular A–4 is available at https://
Petition by Standalone Investor and I–526E, for any particular form or when an individual may www.whitehouse.gov/wp-content/uploads/legacy_
Immigrant Petition by Regional Center Investor. file the form. They are in addition to the forms drupal_files/omb/circulars/A4/a-4.pdf (last viewed
USCIS revised Form I–526 and created Form I–526E listed under proposed 8 CFR 106.2 for which DHS on September 22, 2022).
EP04JA23.093</GPH>
as a result of the EB–5 Reform and Integrity Act of proposes to codify that there is no fee.
2022.
OCable 31: 0MB A-4 Accounting Statement($ in millions, 2021; period of the analysis: FY 2023 through FY
~032)
Category Primary Estimate Minimum Estimate Maximum Source
Estimate Citation
BENEFITS
Annualized
Monetized Benefits
over 10 years NIA NIA NIA
NIA NIA NIA

Annualized Regulatory
quantified, but un- The proposed changes in this rule would provide several benefits to DHS Impact
monetized, benefits and applicants/petitioners seeking immigration benefits. For the Analysis
Unquantified Government, the primary benefits include reduced administrative (RIA)
Benefits burdens and fee processing errors, increased efficiency in the
adjudicative process, and the ability to better assess the cost of providing
services which allows for better aligned fees. Using the CPI-U as the
inflation index for fee schedule adjustments between comprehensive
USCIS fee rules would allow DHS to publish timely fee adjustments that
insure the real value of USCIS fee revenue dollars against future
inflation
The primary benefits to applicants/petitioners include the simplification

of the fee payment process for some forms, elimination of the $30
returned check fee, expansion of the electronic filing system to include
Form G-1041 and Form G-104 lA, reduced re-applications for premium
processing and for many applicants, limited fee increases and additional
fee exemptions to reduce fee burdens.
COSTS
Annualized (3%and 7%) RIA
monetized costs over
10 years $532
Annualized
quantified, but un- NIA
monetized, costs
Qualitative !Eliminating the separate payment of the biometric services fee would
(unquantified) costs klecrease the administrative burdens required to process both a filing fee and
biometric services fee for a single benefit request.
IDHS also expects a decrease in administrative burden associated with the

~rocessing of the Form 1-912 (fee waiver) for categories of requestors that
M'Ould no longer require a fee waiver because they will be fee exempt.
!Expanding the population of applicants using Form 1-942 (reduced fee

!request) would increase the administrative burden on the agency to process
~esefonns.
TRANSFERS
EP04JA23.094</GPH>

monetized transfers:
From the applicants/ $1,612
petitioners to USCIS
Annualized RIA
(3%and 7%)
From USCIS to $116
applicants/petitioners

$0.22
From DoD to USCIS
Miscellaneous Effects
Analyses/Category
Effects on state,
local, and/or tribal
None Preamble
governments
DHS does not believe that the increase in fees proposed in this rule would Initial
have a significant economic impact on a substantial number of small Regulatory
entities that file 1-140, 1-910, or 1-360. Flexibility
Effects on small k\nalysis (IRFA)
DHS does not have sufficient data on the revenue collected through and Small
businesses administrative fees by regional centers to definitively determine the Entity Analysis
economic impact on small entities that may file Form 1-956 (formerly I- (SEA)
924) or Form l-956G (formerly l-924A).
DHS also does not have sufficient data on the requestors that file
genealogy forms, Forms G-1041 and G-1041A, to determine whether such
filings were made by entities or individuals and thus is unable to
determine if the fee increase for genealogy searches is likely to have a
significant economic impact on a substantial number of small entities.
Effects on wages None None
Effects on Growth None None
BILLING CODE 9111–97–C governmental jurisdictions with complete detailed SEA 334 is available in
B. Regulatory Flexibility Act populations of less than 50,000. DHS the rulemaking docket at https://
nonetheless welcomes comments www.regulations.gov.
The Regulatory Flexibility Act of 1980 regarding potential impacts on small Individuals, rather than small entities,
(RFA), as amended by the Small entities, which DHS may consider as submit the majority of immigration and
Business Regulatory Enforcement appropriate in a final rule. naturalization benefit applications and
Fairness Act of 1996, requires Federal petitions, but this proposed rule would
agencies to consider the potential In addition, the courts have held that
the RFA requires an agency to perform affect entities that file and pay fees for
impact of regulations on small certain immigration benefit requests.

businesses, small governmental an initial regulatory flexibility analysis
(IRFA) of small entity impacts only Consequently, there are six categories of
jurisdictions, and small organizations USCIS benefits that are subject to a
during the development of their rules. when a rule directly regulates small
small entity analysis for this proposed
The term ‘‘small entities’’ comprises entities. Below is a summary of the
rule: Petition for a Nonimmigrant
small businesses, not-for-profit Small Entity Analysis (SEA). The
organizations that are independently 334 DHS, USCIS Small Entity Analysis (SEA) for
owned and operated and are not the USCIS Fee Schedule Proposed Rule dated May
dominant in their fields, and
EP04JA23.095</GPH>
24, 2022.
Worker, Form I–129; Immigrant Petition c. Description and, Where Feasible, an petitioning on behalf of a religious
for an Alien Worker, Form I–140; Civil Estimate of the Number of Small worker. Finally, DHS is creating these
Surgeon Designation, Form I–910; Entities to Which the Proposed Rule new forms as stated above, as part of the
Petition for Amerasian, Widow(er), or Would Apply EB–5 Reform and Integrity Act of 2022.
Special Immigrant, Form I–360; As noted above, below is a summary Since Form I–956/I–956G will be new
Genealogy Forms G–1041 and G–1041A, of the Small Entity Analysis (SEA). The forms and historical data does not exist;
Index Search and Records Requests; and complete detailed SEA is available in therefore, DHS will use historical data
the Application for Regional Center the rulemaking docket at https:// of the previous Form I–924, Application
Designation Under the Immigrant www.regulations.gov. The SEA has a full for Regional Center Designation Under
analysis of all samples for each small the Immigrant Investor Program and
Investor Program, Form I–956, and the
entity form described below, in the Form I–924A, Annual Certification of
Regional Center Annual Statement,
Initial Regulatory Flexibility Act Regional Center as a proxy for the
Form I–956GA. analysis. The Form I–956 would impact
Analysis.
DHS does not believe that the increase Entities affected by this proposed rule any entity seeking designation as a
in fees proposed in this rule would have are those that file and pay fees for regional center under the Immigrant
a significant economic impact on a certain immigration benefit applications Investor Program or filing an
substantial number of small entities that and petitions on behalf of a foreign amendment to an approved regional
file I–140, I–910, or I–360. DHS does not national. These applications include center application. Captured in the
have sufficient data on the revenue Form I–129, Petition for a dataset for Form I–956 is also Form I–
collected through administrative fees by Nonimmigrant Worker; Form I–140, 956G, which regional centers must file
regional centers to definitively Immigrant Petition for an Alien Worker; annually to establish continued
determine the economic impact on Form I–910, Civil Surgeon Designation; eligibility for regional center
small entities that may file Form I–956 Form I–360, Petition for Amerasian, designation for each fiscal year.
Widow(er), or Special Immigrant; DHS does not have sufficient data on
or Form I–956G.
Genealogy Forms G–1041 and G–1041A, the requestors for the genealogy forms,
DHS also does not have sufficient data Forms G–1041 and G–1041A, to
Index Search and Records Requests;
on the requestors that file genealogy determine if entities or individuals
Form I–956 (formerly Form I–924),
forms, Forms G–1041 and G–1041A, to submitted these requests. DHS has
Application for Regional Center
determine whether such filings were Designation Under the EB–5 Regional previously determined that requests for
made by entities or individuals and, Pilot Program, and Form I–956G historical records are usually made by
thus, is unable to determine if the fee (formerly Form I–924A), Regional individuals.337 If professional
increase for genealogy searches is likely Center Annual Statement. Annual genealogists and researchers submitted
to have a significant economic impact numeric estimates of the small entities such requests in the past, they did not
on a substantial number of small identify themselves as commercial
impacted by this fee increase total (in
entities. requestors and thus could not be
parentheses): Form I–129 (75,269
segregated in the data. Genealogists
DHS is publishing this IRFA to aid the entities), Form I–140 (17,417 entities),
typically advise clients on how to
public in commenting on the small Form I–910 (382 entities), and Form I–
submit their own requests. For those
entity impact of its proposed adjustment 360 (465 entities).335 DHS was not able
who submit requests on behalf of
to the USCIS fee schedule. In particular, to determine the numbers of regional
clients, DHS does not know the extent
DHS requests information and data that centers or genealogy requestors that
to which they can pass along the fee
would help to further assess the impact would be considered small entities and;
increases to their individual clients.
of the fee changes on the genealogy therefore, does not provide numeric
DHS assumes genealogists have access
forms or the regional center forms on estimates for Form I–956, Form I–956G,
to a computer and the internet. DHS is
or Forms G–1041 and G–1041A.336
small entities. unable to estimate the online number of
This rule applies to small entities,
index searches and records requests;
1. Initial Regulatory Flexibility Analysis including businesses, non-profit
however, some will receive a reduced
(IRFA) organizations, and governmental
fee and cost savings, by filing online.
jurisdictions filing for the above
a. A Description of the Reasons Why the Therefore, DHS does not currently have
benefits. Forms I–129 and I–140 would
Action by the Agency Is Being sufficient data to definitively assess the
see a number of industry clusters
Considered estimate of small entities for these
impacted by this rule (see Appendix A
requests.
DHS proposes to adjust fees USCIS of the Small Entity Analysis (SEA) for
a list of impacted industry codes for 1. Petition for a Nonimmigrant Worker,
charges for certain immigration and
Forms I–129, I–140, I–910, and I–360). Form I–129
naturalization benefits. DHS has
The fee for civil surgeon designation Funding the Asylum Program With
determined that current fees would not would apply to physicians requesting
recover the full costs of services Employer Form I–129 by Visa
such designation. The fee for Classification Petition Fees
provided. Adjustment to the fee Amerasian, widow(er), or special
schedule is necessary to recover costs immigrants would apply to any entity In this proposed rule, DHS proposes
and maintain adequate service. a new Asylum Program Fee of $600 be
335 Calculation: 86,715 Form I–129 * 86.8 percent paid by any employers who file either
b. A Succinct Statement of the = 75,269 small entities; 25,279 Form I–140 * 68.9 a Form I–129, Petition for a
Objectives of, and Legal Basis for, the percent = 17,417 small entities; 428 Form I–910 * Nonimmigrant Worker, or Form I–140,
Proposed Rule 89.3 percent = 382 small entities; 489 Form I–360 Immigrant Petition for Alien Worker.
* 95.0 percent = 465 small entities.
Proposed 8 CFR 106.2(c)(13). DHS has
DHS’s objectives and legal authority 336 Small entity estimates are calculated by
determined that the Asylum Program
for this proposed rule are discussed in multiplying the population (total annual receipts
for the USCIS form) by the percentage of small
the preamble. entities, which are presented in subsequent sections 337 See Establishment of a Genealogy Program, 73
of this analysis. FR 28026 (May 15, 2008).
Fee is an effective way to shift some collection methodologies for their Form associated with processing the benefit
costs to requests that are generally I–129 and Form I–140 benefit requests. requests for the various categories of
submitted by petitioners who have more DHS is not separating Form I–129 into nonimmigrant worker. The current base
ability to pay, as opposed to shifting multiple forms in this proposed rule as filing fee for Form I–129 is $460. DHS
those costs to all other fee payers it did in the 2020 fee rule, but it is proposes separate H–2A and H–2B fees
applications/petitioners. DHS taking that action separately as a for petitions with named workers and
determined the Asylum Program Fee by revision of the currently approved Form unnamed workers.
calculating the amount that would need I–129 information collection under the In Table 32a, as stated above, the
to be added to the fees for Form I–129 Paperwork Reduction Act. In this Asylum Program Fee of $600 would be
and Form I–140 to collect the Asylum proposed rule, DHS proposes different included with each Form 1–129 Petition
Processing IFR estimated annual fees for Form I–129 based on the for a Nonimmigrant Worker
costs.338 The Asylum Program Fee may nonimmigrant classification being classification. It would apply to all fee-
requested in the petition, the number of paying receipts for Forms I–129, I–
be used to fund part of the costs of
beneficiaries on the petition, and, in 129CW, and I–140. For example, it
administering the entire asylum
some cases, according to whether the would apply to all initial petitions,
program and would be due in addition petition includes named or unnamed changes of status, and extensions of stay
to the fee those petitioners would pay beneficiaries. The proposed fees are that use Form I–129.
under USCIS’ standard costing and fee calculated to better reflect the costs BILLING CODE 9111–9–P
Table 32a. USCIS Fees for Form 1-129 Petition for Nonimmie:rant Worker by Classification for FY 2022/2023
Visa Classification Immigration Benefit Current Proposed Total

Asylum
Request Fee Fee Proposed Fee
Proe;ram Fee
H-lB $460 $780 $600 $1,380/$1 595 339
H-2A- Named Beneficiaries $460 $1,090 $600 $1,690
H-2B - Named Beneficiaries $460 $1,080 $600 $1,680
H-2A- Unnamed Beneficiaries $460 $530 $600 $1,130
H-2B - Unnamed Beneficiaries $460 $580 $600 $1,180
0-1/0-2 $460 $1.055 $600 $1,655
L- lA/L-lB/LZ Blanket $460 $1,385 $600 $1,985
CW, H-3, E, TN, Q, P, and R $460 $1,015 $600 $1,615
Source: See sections 11.C., Summary of Current and Proposed Fees, and V.B.4., Funding the Asylum Program with
Employer Petition Fees of the NPRM, of this preamble.
Note: Employers may apply usingForml-129 also forP-1, P-lS, P-2, P-2S, P-3, P-3S, Rl, E-1, E-2, E-3.
For petitioners filing Form I–129, percentage increases are summarized registration fee is added to the fee
DHS proposes increasing the fee filed below. H–1B classification cap-subject increase and results in an overall
for all worker types. The fee petitions will include a $215 increase for cap-subject H–1B
adjustments and percentage increases registration fee, an increase of $205 from classification petitions of $920 ($215 +
are summarized, shown in Table 32b. the original $10 fee. Non-cap subject $705).
For petitioners filing Form I–129, DHS petitions (e.g., extension petitions or
proposes increasing the fee filed for all cap-exempt filer petitions) would not
worker types. The fee adjustments and have to pay the registration fee. This
338 DHS acknowledges that, by using the middle $1,595 = The fee includes the $1,380 proposed fee $1,380 propoposed fee. See Registration Fee
of the range of costs, if actual costs are higher than for H–1B Classification + $215 initial mandatory for Requirement for Petitioners Seeking to File H–1B
that, then the USCIS fee schedule will be set at a cap-subject H–1B Registration Fee (current $10 to Petitions on Behalf of Cap Subject Aliens, Final
level that is less than what will be required to proposed $215; $205 dollar increase). This Rule (84 FR 60307, November 8, 2019). Available
recover all of the costs added by the Asylum registration fee of $215 is for each registration, each at https://www.govinfo.gov/content/pkg/FR-2019-
Processing IFR, all other factors remaining the registration is for a single beneficiary. Registrants or 11-08/pdf/2019-24292.pdf. See Regulatory Impact
same. Estimated annual costs of the Asylum their representative are required to pay the $215
Processing IFR (mid-range estimate): FY 2022 total Analysis in the docket on regulations.gov, section
non-refundable H–1B registration fee for each
costs of $438.2 million plus FY 2023 total costs of beneficiary before beng eligible to submit a (3)(H), Separate Fees, for Form I–129, Petition for
$413.6 million equals $851.8. Average total costs of registration for that beneficiary for the H–1B cap. a Nonimmigrant Worker, by Nonimmigrant
FY 2022/2023 equal $425.9 million. That figure The fee will not be refunded if the registration is Classification and Limit Petitions Where Multiple
represents the estimated costs that are directly not selected, withdrawn, or invalidated. H–1B cap- Beneficiaries are Permitted to 25 Named
attributable to the implementation of that rule. exempt petitions are not subject to registration and Beneficiaries per Petition, Table 22 and 23, for
339 USCIS in this SEA used the H–1B, Petition for are not required to pay the registration fee of $215; further detail on the cap and non-cap H–1B
EP04JA23.096</GPH>
Nonimmigrant Worker: H–1B Classification fee of therefore, those petitioners would only pay the petitions.
Table 32b. USCIS Fees for Form 1-129 Classifications for FY 2022/2023
Visa Classification Immigration Benefit Current Total Proposed Difference in Fee Percent
Request Fee Fee Increase Change
H-lB $460 $1,380/$1,595 340 $920/$1, 135 200%1247%
H-2A - Named Beneficiaries $460 $1,690 $1,230 267%
H-2B - Named Beneficiaries $460 $1,680 $1,220 265%
H-2A - Unnamed Beneficiaries $460 $1,130 $670 146%
H-2B - Unnamed Beneficiaries $460 $1,180 $720 157%
0-1/0-2 $460 $1,655 $1,195 260%
L- lA/L- lB/LZ Blanket $460 $1,985 $1,525 332%
CW, H-3, E, TN, Q, P, and R $460 $1,615 $1,155 251%
Source: See sections 11.C., Summary of Current and Proposed Fees, and V.B.4., Funding the Asylum Program with
Employer Petition Fees of the NPRM, of this preamble.
Note: Employers may apply using Form 1-129 also for P-1, P-1S, P-2, P-2S, P-3, P-3S, Rl, E-1, E-2, E-3.
To calculate the impact of this associated with the proposed fee in an overall increase for H–1B
increase, DHS estimated the total costs increase for each entity and divided that classification petitions of $920 ($215 +
amount by the sales revenue of that $705). Because entities can file multiple
340 USCIS in this SEA used the H–1B, Petition for
entity.341 H–1B classification cap- petitions, the analysis considers the
Nonimmigrant Worker: H–1B Classification fee of number of petitions submitted by each
$1,595 = The fee includes the $1,380 proposed fee
subject petitions will include a $215
for H–1B Classification + $215 initial mandatory for registration fee, an increase of $205 from entity. Based on the proposed fee
cap-subject H–1B Registration Fee (current $10 to the original $10 fee. This registration fee increases for Form I–129, this will
proposed $215; $205 dollar increase). This is added to the fee increase and results amount to average impacts on all 353
registration fee of $215 is for each registration, each small entities with revenue data as
registration is for a single beneficiary. Registrants or
their representative are required to pay the $215 11-08/pdf/2019-24292.pdf. See Regulatory Impact summarized in Table 32c.342 DHS
non-refundable H–1B registration fee for each Analysis in the docket on regulations.gov, section determined that 289 of the 353 entities
beneficiary before beng eligible to submit a (3)(H), Separate Fees, for Form I–129, Petition for searched were small entities based on
registration for that beneficiary for the H–1B cap. a Nonimmigrant Worker, by Nonimmigrant sales revenue data, which were needed
The fee will not be refunded if the registration is Classification and Limit Petitions Where Multiple
to estimate the economic impact of the
not selected, withdrawn, or invalidated. H–1B cap- Beneficiaries are Permitted to 25 Named
exempt petitions are not subject to registration and Beneficiaries per Petition, Table 22 and 23, for proposed rule.343
are not required to pay the registration fee of $215; further detail on the cap and non-cap H–1B
therefore, those petitioners would only pay the petitions. 342 Random sample of small entities with revenue
$1,380 propoposed fee. See Registration Fee 341 Total Impact to Entity = (Number of Petitions data selected to estimate impacts is described in
Requirement for Petitioners Seeking to File H–1B Submitted per Entity × $X Amount of Fee Increase)/ Table 1 of the SEA.
Petitions on Behalf of Cap Subject Aliens, Final Entity Sales Revenue. DHS used the lower end of 343 Entities that were considered small based on
Rule (84 FR 60307, November 8, 2019). Available the sales revenue range for those entities where employee count with missing revenue data were
at https://www.govinfo.gov/content/pkg/FR-2019- ranges were provided. excluded.
EP04JA23.097</GPH>
Table 32c: Form 1-129 Classifications Economic Impacts on Small Entities with Revenue Data
Visa Classification Immigration Benefit Request Fee Increase Average Impact Percentage*
H-lB $920/$1 135** 0.66/0.73%

H-2A- Named Beneficiaries $1,230 0.37%
H-2B - Named Beneficiaries $1.220 0.75%
H-2A- Unnamed Beneficiaries $670 0.37%
H-2B - Unnamed Beneficiaries $720 0.75%
L- lA/L- lB/LZ Blanket $1,525 0.42%
0-1/0-2 $1.195 0.57%
CW H-3.E TN O.P andR $1.155 0.25%
Source: USCIS calculation
Note: There is no distinction between named and unnamed beneficiaries. Each average impact percentage
calculation for H-2A-Named Beneficiaries required assuming each H-2A request is for named beneficiaries while
each average impact percentage calculation for H-2A-Unnamed Beneficiaries required assuming that each H-2A
request is for unnamed beneficiaries. The same process applied to H-2B requests.
Note: Employers may apply using Form 1-129 also for P-1, P-1S, P-2, P-2S, P-3, P-3S, Rl, E-1, E-2, E-3.
*These figures are percentages, not proportions.
**$920 includes the fee increase ($705) and the increase in re.cistration fee for H-lB cap-subiect petitions ($215).
BILLING CODE 9111–97–C 86,715 unique entities filing Form I–129 as small entities that filed Form I–129
Using a 12-month period of data on petitions. Based on previous experience petitions, including combined non-
the number of Form I–129 petitions conducting small entity analyses, DHS matches (211), matches missing data (0),
filed from October 1, 2019, through expects to find 40 to 50 percent of the and small entity matches (353). Using
September 31, 2020, DHS collected filing organizations in the online the online databases mentioned above
internal data for each filing organization subscription and public databases. (Data Axle, Manta, Cortera, and
including the name, Employer Accordingly, DHS selected a sample Guidestar), the 0 matches missing data
Identification Number (EIN), city, state, size that was approximately 69 percent found in the databases lacked applicable
zip code, and number/type of filings. larger than the necessary minimum to revenue or employee count data.
Each entity may make multiple filings. allow for non-matches (filing entities DHS determined that 564 of 650 (86.8
For instance, there were receipts for that could not be found in any of the percent) of the entities filing Form I–129
553,889 Form I–129 petitions, but only four databases). Therefore, DHS petitions were small entities.
86,715 unique entities that filed those conducted searches on 650 randomly Furthermore, DHS determined that 353
petitions. Since the filing statistics do selected entities from a population of of the 650 entities searched were small
not contain information such as the 86,715 unique entities that filed Form I– entities based on sales revenue or
revenue of the business, DHS used 129 petitions. employee data, which were needed to
third-party sources of data to collect this estimate the economic impact of the
information. DHS used a business Of the 650 searches for small entities
proposed rule. Since these 353 small
provider database—Data Axle—as well that filed Form I–129 petitions, 439
entities were a subset of the random
as three open-access databases—Manta, searches returned a successful match of
sample of 650 entity searches, they were
Cortera, and Guidestar—to help a filing entity’s name in one of the
considered statistically significant in the
determine an organization’s small entity databases and 211 searches did not
context of this research. To calculate the
status and then applied Small Business match a filing entity. Based on previous
economic impact of this rule, DHS
Administration (SBA) size standards to experience conducting regulatory
estimated the total costs associated with
the entities under examination.344 flexibility analyses, DHS assumes filing
the proposed fee increase for each entity
The method DHS used to conduct the entities not found in the online database
and divided that amount by the sales
SEA was based on a representative are likely to be small entities. As a
revenue of that entity.345
sample of the impacted population with result, to prevent underestimating the
Among the 353 matched small
respect to each form. To identify a number of small entities this rule would
entities, 289 small entities had reported
representative sample, DHS used a affect, DHS conservatively considers all
revenue data, 90.4 percent experienced
standard statistical formula to determine of the non-matched entities as small

a minimum sample size of 384 entities, entities for the purpose of this analysis. 345 Total Economic Impact to Entity = (Number of
which included using a 95 percent Among the 439 matches for Form I–129, Petitions Submitted per Entity * $X Amount of Fee
confidence level and a 5 percent DHS determined 353 to be small entities Increase)/Entity Sales Revenue. DHS used the lower
confidence interval for a population of based on revenue or employee count end of the sales revenue range for those entities
and according to their assigned North where ranges were provided. Entities in the
population without complete or with no EIN
344 Office of Advocacy, SBA, Size Standards American Industry Classification information (such as incomplete employee data or
Table. Available at https://www.sba.gov/document/ System (NAICS) code. Therefore, DHS revenue information), were removed before the
was able to classify 564 of 650 entities
EP04JA23.098</GPH>
support--table-size-standards. sample was selected for this analysis.
an economic impact of less than 1 if the costs were spread among all other the name of a filing entity. Based on
percent with the exception of 9.6 of the fee payers. For example, by charging the previous experience conducting
small entities. Those small entities with Asylum Program Fee to I–140 regulatory flexibility analyses, DHS
greater than 1 percent impact filed petitioners as well as the I–129 assumes filing entities not found in the
multiple petitions and had a low petitioners, it helps recover the cost of online databases are likely to be small
reported revenue. Therefore, these small the Asylum Program work while entities. As a result, in order to prevent
entities may file fewer petitions as a minimizing fee increases on forms that underestimating the number of small
result of this proposed rule. Depending do not recover full cost (Forms N–400, entities this rule would affect, DHS
on the immigration benefit request, the I–600, I–800, etc.), or without adding a conservatively considers all of the non-
average impact on all 289 small entities fee to forms that currently have none matched entities as small entities for the
with revenue data ranges from 0.25 to (Forms I–589, I–590, I–914, I–918, etc.). purpose of this analysis. Among the 464
0.75 percent as shown above in Table If Forms I–129 and I–140 recover more matches for Form I–140, DHS
29c. In other words, no matter which of those costs, then that means other determined 292 to be small entities
version of the separated Form I–129 is forms need not recover as much. This based on revenue or employee count
applicable, the greatest economic results in lower proposed fees for and according to their NAICS code.
impact proposed by this fee change was certain forms, and others that recover Therefore, DHS was able to classify 379
19.04 percent and the smallest was more than full cost in this proposal. It of 550 entities as small entities that filed
0.005 percent per entity. The average would apply to all fee-paying receipts Form I–140 petitions, including
impact on all 289 small entities with for Form I–140 and Form I–129. combined non-matches (86), matches
revenue data was 0.57 percent. DHS proposes to increase the fee to missing data (1), and small entity
file Immigrant Petition for an Alien matches (292). Using the online
Small Entity Classifications Worker, Form I–140, from $700 to $715, databases mentioned above (Data Axle,
With an aggregated total of 564 out of an increase of $15 (2 percent). The total Manta, Cortera, and Guidestar), one
a sample size of 650, DHS inferred that proposed fee would include the $600 matched entity found in the databases
a majority, or 86.8 percent, of the Asylum Program Fee for a total of lacked applicable revenue statistics.
entities filing Form I–129 petitions were $1,315, an overall increase of $615 (88 DHS determined that 379 out of 550
small entities. Small entities filing percent) per petition. Using a 12-month (68.9 percent) entities filing Form I–140
petitions could be for-profit businesses period of data on the number of Form petitions were small entities.
or not-for-profit entities. To understand I–140 petitions filed from October 1, Furthermore, DHS determined that 292
the extent to which not-for-profits were 2019, through September 31, 2020, DHS of the 550 searched were small entities
included in the samples selected for collected internal data similar to that of based on sales revenue data, which were
each form DHS categorized entities as Form I–129. The total number of Form needed to estimate the economic impact
for-profit or not-for-profit. The business I–140 petitions was 129,531, with of the proposed rule. Since these 292
data provider databases do not 25,279 unique entities that filed were a small entity subset of the random
distinguish if entities are for-profit or petitions. DHS used the same databases sample of 550 entity searches, they were
not-for-profit, so DHS used the previously mentioned to search for considered statistically significant in the
assumption that entities with NAICS information on revenue and employee context of this research based on sales
codes 712 (Museums, Historical Sites, count. revenue information. Similar to Form I–
and Similar Institutions), 813 (Religious, DHS used the same method as with 129, DHS calculated the economic
Grantmaking, Civic, Professional, and Form I–129 to conduct the SEA based impact of this rule on entities that filed
Similar Organizations), and 6241 on a representative sample of the Form I–140 by estimating the total costs
impacted population. To identify a associated with the proposed fee
(Family Social Services) were not-for-
representative sample, DHS used a increase for each entity and divided that
profit. The NAICS code 611
standard statistical formula to determine amount by the sales revenue of that
(Educational Services) may have for-
a minimum sample size of 383 entities, entity.346
profit entities. Most of the sample
which included using a 95 percent Among the 292 small entities with
consisted of small businesses when
confidence level and a 5 percent reported revenue data, 98 percent
looked at by type of small entity. There
confidence interval on a population of experienced an economic impact of less
are no small governmental jurisdictions
25,279 unique entities for Form I–140 than 1 percent, with the exception of 2
in the sample and 38 small not-for-
petitions. Based on previous experience percent of the small entities. Using the
profits.
conducting small entity analyses, DHS above methodology, the greatest
2. Immigrant Petition for an Alien expected to find 40 to 50 percent of the economic impact proposed by this fee
Worker, Form I–140 filing organizations in the online change was 2.71 percent and the
subscription and public databases. smallest was 0.006 percent per entity.
Funding the Asylum Program With
Accordingly, DHS selected a sample Because of the fee increase, these small
Form I–140 Petition Fees
size that was approximately 44 percent entities would see a cost increase per
As explained in section X.B.1., larger than the necessary minimum to application in filing fees based on
Petition for a Nonimmigrant Worker, allow for non-matches (filing entities petitions. The average impact on all 292
Form I–129 Funding the Asylum that could not be found in any of the small entities with revenue data was
Program with Employer Form I–129 by four databases). Therefore, DHS 0.16 percent.
Visa Classification Petition Fees, DHS conducted searches on 550 randomly

proposes a new Asylum Program Fee of Small Entity Classification
selected entities from a population of
$600 to be paid by any Form I–140, 25,279 unique entities that filed Form I– With an aggregated total of 379 out of
Immigrant Petition for Alien Worker. 140 petitions. a sample size of 550, DHS inferred that
This Asylum Program Fee adds a fee for Of the 550 searches for small entities
346 Total Impact to Entity = (Number of Petitions
Form I–140 petitioners of $600 while that filed Form I–140 petitions, 464
Submitted per Entity * $615 Fee amount Increase)/
maintaining the fees other immigration searches successfully matched the name Entity Sales Revenue. USCIS used the lower end of
benefit requestors that this rule of the filing entity to names in the the sales revenue range for those entities where
proposes lower than would be proposed databases and 86 searches did not match ranges were provided.
a majority, or 68.9 percent, of the 31, 2020,348 DHS collected internal data entities based on sales revenue data,
entities filing Form I–140 petitions were on filings of Form I–910. The total which were needed to estimate the
small entities. Small entities filing number of Form I–910 applications was economic impact of the proposed rule.
petitions could be for-profit businesses 639, with 428 unique entities that filed Since these 207 were a small entity
or not-for-profit entities. To understand applications. The third-party databases subset of the random sample of 300
the extent to which not-for-profits were mentioned previously were used again entity searches, they were considered
included in the samples selected for to search for revenue and employee statistically significant in the context of
each form DHS categorized entities as count information. this research, based on sales revenue
for-profit or not-for-profit. The business Using the same methodology as for information.
data provider databases do not the Forms I–129 and I–140, USCIS Similar to the Forms I–129 and I–140,
distinguish if entities are for-profit or conducted the SEA based on a DHS calculated the economic impact of
not-for-profit, so DHS used the representative sample of the impacted this rule on entities that filed Form I–
assumption that entities with NAICS population. To identify a representative 910 by estimating the total impact
codes 712 (Museums, Historical Sites, sample, DHS used a standard statistical associated with the proposed fee
and Similar Institutions), 813 (Religious, formula to determine a minimum increase for each entity and divided that
Grantmaking, Civic, Professional, and sample size of 203 entities, which amount by the sales revenue of that
Similar Organizations), and 6241 included using a 95 percent confidence entity. Among the 207 small entities
(Family Social Services) were not-for- level and a 5 percent confidence with reported revenue data, 97.6 percent
profit. The NAICS code 611 interval on a population of 428 unique experienced an economic impact
(Educational Services) may have for- entities for Form I–910. USCIS considerably less than 1 percent, with
profit entities. Similar to the Form I–129 conducted searches on 300 randomly the exception of 2.4 percent of the small
small entity types, the sample of Form selected entities from a population of entities. The greatest economic impact
I–140 consisted mainly of small 428 unique entities for Form I–910 imposed by this proposed fee change
businesses, with no small governmental petitions, a sample size approximately was 1.85 percent and the smallest was
jurisdictions in the sample and 15 small 48-percent larger than the minimum 0.004 percent per entity. The average
not-for-profits. necessary. impact on all 207 small entities with
Of the 300 searches for small entities revenue data was 0.15 percent. The
Cumulative Impact of Form I–129 and that filed Form I–910 petitions, 244 increased fee will increase individual
Form I–140 Petitions searches successfully matched the name applicants’ cost by $445.
In addition to the individual Form I– of the filing entity to names in the
databases and 56 searches did not match Small Entity Classification
129 and Form I–140 analyses, USCIS
the name of a filing entity. DHS assumes With an aggregated total of 268 out of
analyzed any cumulative impacts of
filing entities not found in the online a sample size of 300, DHS inferred that
these form types to determine if there
databases are likely to be small entities. a majority, or 89.3 percent, of the
were any impacts to small entities when
DHS also considers all of the non- entities filing Form I–910 petitions were
analyzed together. Based on the samples
matched entities as small entities for the small entities. Small entities filing
in the individual analyses, USCIS petitions could be for-profit businesses
isolated those entities that overlapped purpose of this analysis. Among the 244
matches for Form I–910, DHS or not-for-profit entities. To understand
in both samples of Forms I–129 and I– the extent to which not-for-profits were
140 by EIN and revenue. Only 1 entity determined 207 to be small entities
based on their revenue or employee included in the samples selected for
had an EIN that overlapped in both each form DHS categorized entities as
samples; this was a large entity that count and according to their NAICS
code. Therefore, DHS was able to for-profit or not-for-profit. The business
submitted 3 Form I–129 petitions and 1 data provider databases do not
Form I–140 petition. Due to little classify 268 of 300 entities as small
entities that filed Form I–910 petitions, distinguish if entities are for-profit or
overlap in entities in the samples, and not-for-profit, so DHS used the
the relatively minor impacts on revenue including combined non-matches (5),
matches missing data (56), and small assumption that entities with NAICS
of fee increases of Forms I–129 and I– codes 712 (Museums, Historical Sites,
140, USCIS does not expect the entity matches (207). DHS also used the
online databases mentioned above (Data and Similar Institutions), 813 (Religious,
combined impact of these 2 forms to be Grantmaking, Civic, Professional, and
an economically significant burden on a Axle, Manta, Cortera, and Guidestar),
and the five matches missing data that Similar Organizations), and 6241
number of small entities. (Family Social Services) were not-for-
were found in the databases lacked
3. Civil Surgeon Designation, Form I– revenue data and associated profit. The NAICS code 611
910 employment threshold. (Educational Services) may have for-
DHS determined that 268 out of 300 profit entities. The sample of Form I–
DHS proposes to increase the fee for
(89.3 percent) entities filing Form I–910 910 consisted mainly of small
Civil Surgeon Designations, Form I–910,
applications were small entities. businesses, with no small governmental
from $785 to $1,230, an increase of $445
Furthermore, DHS determined that 207 jurisdictions in the sample and 5 small
(57 percent). To calculate the economic
of the 300 entities searched were small not-for-profits.
impact of this increase, USCIS estimated
the total costs associated with the fee 348 DHS acknowledges the broad effects of the
4. Petition for Amerasian, Widow(er), or
increase for each entity and divided that Special Immigrant, Form I–360
COVID–19 international pandemic on the United

amount by the sales revenue of that States and the populations affected by this rule. DHS proposes to increase the fee for
entity.347 Using a 12-month period of However, while most forms were impacted as a
entities petitioning on behalf of foreign
data from October 1, 2019, to September result of COVID, Form I–129 receipts increased in
line with recent years. Thus, we decided to use the religious workers who file using Form I–
most recent fiscal year data from FY 20 for the 360 from $435 to $515, an increase of
347 Total Impact to Entity = (Number of Petitions samples to complete the supplemental Small Entity $80 (18 percent), including entities who
Submitted per Entity * $445 Fee Amount Increase) Analysis to maintain consistency across IRFAs
Entity Sales Revenue. USCIS used the lower end of regardless of the general effect of COVID–19 on
petition on behalf of foreign religious
the sales revenue range for those entities where filings, because that effect is not applicable to the workers. To calculate the impact of the
ranges were provided. forms discussed in this section. increase, DHS estimated the total costs
associated with the fee increase for each were found in the databases lacked petitioned for per entity, the additional
entity and divided that amount by the revenue or employee count data. average annual cost would be $127.20
sales revenue of that entity.349 DHS determined that 399 out of 420 per entity.355 The additional costs per
Using a 12-month period of data on (95.0 percent) entities filing Form I–360 entity proposed by this rule represent
the number of Form I–360 petitions petitions were small entities. only 0.22 percent of the average annual
filed from October 1, 2019, to September Furthermore, DHS determined that 208 salary for clergy, 0.24 percent of the
31, 2020, DHS collected internal data on of the 420 searched were small entities average annual salary for directors of
filings of Form I–360 for religious based on sales revenue data, which were religious activities and education, and
workers. The total number of Form I– needed to estimate the economic impact 0.29 percent of the average annual
360 petitions was 2,388, with 489 of the proposed rule. Since these 208 salary for all other religious workers.356
unique entities that filed petitions. DHS small entities were a subset of the
used the same databases mentioned Small Entity Classification
random sample of 420 entity searches,
previously to search for information on they were considered statistically With an aggregated total of 399 out of
revenue and employee count. significant in the context of this a sample size of 420, DHS inferred that
DHS used the same method as with research. a large majority, or 95.0 percent, of the
Forms I–129 and I–140 to conduct the Similar to other forms analyzed in entities filing Form I–360 petitions were
SEA based on a representative sample of this IRFA, DHS calculated the economic small entities. Small entities filing
the impacted population. To identify a impact of this rule on entities that filed petitions could be for-profit businesses
representative sample, DHS used a Form I–360 on behalf of religious or not-for-profit entities. To understand
standard statistical formula to determine workers by estimating the total costs the extent to which not-for-profits were
a minimum sample size of 215 entities, associated with the proposed fee included in the samples selected for
which included using a 95 percent increase for each entity. Among the 208 each form DHS categorized entities as
confidence level and a 5 percent for-profit or not-for-profit. The business
small entities with reported revenue
confidence interval on a population of data provider databases do not
data, 99.5 percent experienced an
489 unique entities for Form I–360 distinguish if entities are for-profit or
economic impact of less than 1 percent,
petitions. To account for missing not-for-profit, so DHS used the
with the exception of 0.5 percent of the
organizations in the online subscription assumption that entities with NAICS
small entities. The greatest economic
and public databases, DHS selected a codes 712 (Museums, Historical Sites,
impact imposed by this proposed fee
sample size that was approximately 95 and Similar Institutions), 813 (Religious,
change was 4.11 percent and the
percent larger than the necessary Grantmaking, Civic, Professional, and
smallest was 0.0008 percent per entity.
minimum to allow for non-matches Similar Organizations), and 6241
The average impact on all 208 small
(filing entities that could not be found (Family Social Services) were not-for-
entities with revenue data was 0.08 profit. The NAICS code 611
in any of the four databases). Therefore,
percent. (Educational Services) may have for-
DHS conducted searches on 420
randomly selected entities from a DHS also analyzed the proposed costs profit entities. The sample of Form I–
population of 489 unique entities that of this rule on the petitioning entities 360 consists of a majority not-for-profit
filed Form I–360 petitions. relative to the costs of the typical entities, primarily composed of religious
Of the 420 searches for small entities employee’s salary. Guidelines suggested institutions. There were no small
that filed Form I–360 petitions, 248 by the SBA’s Office of Advocacy governmental jurisdictions in the
searches successfully matched the name indicate that the impact of a rule could sample and 221 small not-for-profits.
of the filing entity to names in the be significant if the cost of the
regulation exceeds 5 percent of the labor 5. Genealogy Requests—Genealogy
databases and 172 searches did not
costs of the entities in the sector.350 Index Search Request, Form G–1041,
match the name of a filing entity in the
According to the Bureau of Labor and Genealogy Records Request, Form
databases. DHS assumes that filing
Statistics (BLS), the mean annual salary G–1041A
entities not found in the online
databases are likely to be small entities. is $57,230 for clergy,351 $52,880 for In this proposed rule, DHS establishes
As a result, to prevent underestimating directors of religious activities and an increase in the fee for the Genealogy
the number of small entities this rule education,352 and $43,290 for other Index Search Request, Form G–1041,
would affect, DHS conservatively religious workers.353 Based on an from $65 to $120, an increase of $55 (85
considers all of the non-matched average of 1.59 religious workers 354 percent) for those who mail in this
entities as small entities for the purpose request on paper. This proposed rule
350 Office of Advocacy, Small Business
of this analysis. Among the 248 matches increases the fee for requestors who use
Administration ‘‘A Guide for Government Agencies, the online electronic Form G–1041
for Form I–360, DHS determined 208 to How to Comply with the Regulatory Flexibility
be small entities based on revenue or Act,’’ page 19: Available at https://www.sba.gov/ version from the current $65 to $100, an
employee count and according to their sites/default/files/advocacy/How-to-Comply-with- increase of $35 (54 percent).
NAICS code. Therefore, DHS was able to the-RFA-WEB.pdf. In this proposed rule, DHS establishes
351 BLS, ‘‘Occupational Employment Statistics,
classify 399 of 420 entities as small a fee for Form G–1041A that would
May 2021, ‘‘Clergy’’: https://www.bls.gov/oes/2021/
entities that filed Form I–360 petitions, may/oes212011.htm.
increase from $65 to $260, an increase
including combined non-matches (172), 352 BLS, ‘‘Occupational Employment Statistics, of $195 (300 percent) for those who mail
matches missing data (19), and small May 2021, ‘‘Directors of Religious Activities and
entity matches (208). DHS also used the Education’’: Available at https://www.bls.gov/oes/ 360 petitions) = 667/420 = 1.59 average petitions
2021/may/oes212021.htm. filed per entity.
online databases mentioned above (Data 353 BLS, ‘‘Occupational Employment Statistics, 355 Calculation: 1.59 average petitions per entity
Axle, Manta, Cortera, and Guidestar), May 2021, ‘‘Religious Workers, All Other’’: * $80 increase in petition fees = $127.20 additional
and the 19 matches missing data that Available at https://www.bls.gov/oes/2021/may/ total cost per entity.
oes212099.htm. 356 Calculation: $127.20 additional cost per
349 Total Impact to Entity = (Number of Petitions 354 USCIS calculated the average filing per entity entity/$57,230 clergy salary × 100 = 0.22 percent;
Submitted per Entity * $80 Fee Amount Increase)/ of 1.6 petitions, from the Form I–360 Sample with $127.20 additional cost per entity/$52,880 directors
Entity Sales Revenue. USCIS used the lower end of Petition Totals in Appendix E of the SEA for this of religious activities and education × 100 = 0.24
the sales revenue range for those entities where NPRM. Calculation: (total number of petitions from percent; $127.20 additional cost per entity/$43,290
ranges were provided. each sample id)/(total number of sample Form I– other religious workers × 100 = 0.29 percent.
in this request on paper. In this costs to provide this service.357 DHS The affected population also includes
proposed rule, the fee for requestors proposes a fee of $315 for individuals to individuals who request a Certificate of
who use the online electronic Form G– recover the estimated full cost of Non-Existence to document that USCIS
1041A will increase from the current processing these requests, which will has no records indicating that an
$65 to $240, an increase of $175 (269 require submission of Form G–1566, individual became a naturalized citizen
percent). Request for a Certificate of Non- of the United States. Based on the DHS
Finally, DHS is proposing to charge a Existence, once approved by OMB. records, Table 33 shows the estimated
fee for requests for a Certificate of Non- number of genealogy index search
The population affected by this
Existence. Currently, USCIS allows requests and historical records requests
provision includes individuals who use
individuals to request a Certificate of
Form G–1041 to request a search of that were submitted to USCIS using
Non-Existence to document that USCIS
USCIS historical indices and Forms G–1041 and G–1041A for FY
has no records indicating that an
individual became a naturalized citizen individuals who use Form G–1041A to 2016 through FY 2020. DHS estimates
of the United States. This service is obtain copies of USCIS historical that an annual average of 5,250 Form G–
often used by individuals gathering records found through an index request. 1041 index search requests and 3,352
genealogical records to claim the Form G–1041A records requests were
citizenship of another nation. USCIS
357 See 8 CFR 103.7(f) as of October 1, 2020,
received during that time. For both
which provides that the Director of USCIS, or such forms, more than 90 percent of the
operates the Certificate of Non-Existence officials as he or she may designate, may certify
request process informally and at no records when authorized under 5 U.S.C. 552 or any requests were submitted electronically.
cost to individuals while absorbing the other law to provide such records. BILLING CODE 9111–97–P
Table 33. Receipts of Form G-1041, Genealogy Index Search Request, Form G-1041A,
Genealogy Records Request and Form G-1566, Request for a Certificate of Non-Existence for
FY 2016 throu2h FY 2020
Form G-1041 Form G-1041 Percentage Filed
Fiscal Year (Paper Filine) (Online Filine) Total Online
2016 321 5,192 5,513 94%
2017 274 3,036 3,310 92%
2018 228 3,602 3,830 94%
2019 218 5,295 5,513 96%
2020 318 7,764 8,082 96%
5-year Total 1,359 24,889 26,248
5-year Annual
Avera2e 272 4,978 5,250 95%
Form G-1041A Form G-1041A Percentage Filed

Fiscal Year (Paoer Filin2) (Online Filin2) Total Online
2016 290 2,220 2,510 88%
2017 364 2,262 2,626 86%
2018 298 2,645 2,943 90%
2019 33 3,407 3,440 99%
2020 344 4,895 5,239 93%
5-vear Total 1,329 15,429 16,758
5-year Annual
Averae:e 266 3,086 3,352 92%
Certificate of Non-
Existence Form G-
Fiscal Year 1566
2016 679
2017 909
2018 1,442
2019 1,516
2020 1,784
5-year Total 6,330
5-year Annual
1,266
Averae:e
Source: USCIS, Immigration Records and Identity Senrices (IRIS) Directorate, Records Information Systems
Branch (RISB). August 19, 2021.
Note: IRIS tracks the online percentage of index searches and records reauests.
BILLING CODE 9111–97–C this request to other immigration and

submit their own requests. For those
Table 33 depicts the FY 2016 through who submit requests on behalf of naturalization filing fees.
FY 2020 filing receipts of the certificate clients, DHS does not know the extent For this proposed rule, DHS is
of non-existence. DHS bases the to which they can pass along the fee expanding the use of electronic
estimate for the Form G–1566 on these increases to their individual clients. genealogy requests to encourage
receipts and estimates that the average
DHS assumes genealogists have access requestors to use the electronic versions
annual receipts for Form G–1566 would
to a computer and the internet. DHS is of Form G–1041 and Form G–1041A.
be approximately 1,266.
DHS has previously determined that unable to estimate the online number of DHS is also changing the search request
requests for historical records are index searches and records requests; process so that USCIS may provide
usually made by individuals.358 If however, some will receive a reduced requestors with electronic records, if
professional genealogists and fee and cost savings, by filing online. they exist, in response to the initial
researchers submitted such requests in Therefore, DHS currently does not have index request. These changes may
the past, they did not identify sufficient data to definitively assess the reduce the time it takes to request and
themselves as commercial requestors impact on small entities for these receive genealogy records, and, in some
and, therefore, DHS could not separate requests. However, DHS must still cases, it will eliminate the need to make
these data from the dataset. Genealogists recover the full costs of this program. As multiple search requests and submit
typically advise clients on how to stated in the preamble to this proposed separate fees. Moreover, DHS notes that
rule, reducing the filing fee for any one providing digital records in response to
358 See Establishment of a Genealogy Program, 73 benefit request submitted to DHS simply a Form G–1041 request may reduce the
transfers the additional cost to process number of Form G–1041A requests that
EP04JA23.099</GPH>
FR 28026 (May 15, 2008).
will be filed since there would already Judiciary, and Related Agencies Certification of Regional Center. See 8
be a copy of the record if it was Appropriations Act 1993, Public Law CFR 103.7(b)(1)(i)(WW) (Oct. 1, 2020);
previously digitized. DHS proposes to 102–395, 106 Stat. 1828, sec. 610(b). proposed 8 CFR 106.2(a)(66). The EB–5
provide the requestor with those The law also authorizes a new EB–5 program encompasses Forms I–526, I–
preexisting digital records, if they exist, Regional Center Program, which will 829, I–956, I–965F, and I–956G.359
via email in response to the initial become effective May 14, 2022 and is
DHS is creating these new forms as
search request. Electronic versions of authorized through FY 2026 and makes
the requests reduce the administrative various changes to the program. As stated above, as part of the EB–5 Reform
burden on USCIS by eliminating the discussed more fully in section VIII.N. and Integrity Act of 2022. Since Form I–
need to manually enter requestor data of the NPRM, DHS proposes new fees 956/I–956A will be new forms and
into its systems. Requestors that cannot for the forms used in the EB–5 program historical data does not exist. Because
submit the forms electronically may still in this proposed rule. the immigration benefit adjudications
submit paper copies of both forms with DHS proposes changes to various fees previously performed using Form I–924
the required filing fees. DHS recognizes for regional centers and related will now be administered using Forms
that some small entities may be immigration benefit requests related to I–956 and I–956G, DHS will use
impacted by these proposed increased Employment-Based Immigrant Visa, historical data of the previous Form I–
fees but cannot determine how many or Fifth Preference (EB–5). The EB–5 956 (formerly Form I–924) Application
the exact impact. DHS requests Reform and Integrity Act of 2022 for Regional Center Designation and
comments from the public on the immediately repealed and replaced the Form I–956G (formerly Form I–924A),
impacts to small entities of the proposed prior EB–5 ‘‘regional center program.’’ Annual Certification of Regional Center
fee increases to the genealogy forms. The EB–5 Reform and Integrity Act of as a proxy for the analysis. Under the
2022 has no immediate impact on the Regional Center Program, foreign
6. Application for Regional Center staffing levels of the USCIS Immigrant
Designation Under the EB–5 Regional nationals based their EB–5 petitions on
Investor Program Office, although each
Center Pilot Program, Form I- 956 investments in new commercial
existing Regional Center will be
(Formerly Form I–924) and I–956G enterprises located within ‘‘regional
required to submit a request to be re-
(Formerly Form I–924A) approved under the law, which could centers.’’ DHS regulations define a
Congress created the EB–5 program in greatly increase the program workload regional center as an economic unit,
1990 to stimulate the U.S. economy initially. Nevertheless, and despite the public or private, that promotes
through job creation and capital changes in the law and program, DHS economic growth, regional productivity,
investment by immigrant investors. The has proposed fees in this rule based on job creation, and increased domestic
EB–5 regional center program was later the currently projected staffing needs to capital investment. See 8 CFR 204.6(e).
added in 1992 by the Departments of meet the adjudicative and Requests for regional center designation
Commerce, Justice, and State, the administrative burden of the Immigrant must be filed with USCIS on Form I–956
Judiciary, and Related Agencies Investor Program Office pending the fee (formerly Form I–924), Application for
Appropriations Act, 1993. Public Law study required by section 106(a) of the Regional Center Designation Under the
102–395, sec. 610, 106 Stat 1828 (Oct. EB–5 Reform and Integrity Act of 2022. Immigrant Investor Program. See 8 CFR
6, 1992). As amended, the EB–5 Thus, the annual filing volume 204.6(m)(3) and (4). Once designated,
program makes approximately 10,000 projections in this rule are based on regional centers must provide USCIS
visas available annually to foreign historical volumes and trends because with updated information to
nationals (and their dependents) who the EB–5 Reform and Integrity Act of demonstrate continued eligibility for the
invest at least $1,050,00 or a discounted 2022 is too new for DHS to accurately designation by submitting Form I–956G
amount of $800,000 if the investment is estimate its impacts on filing volumes. (formerly Form I–924A), Annual
in a targeted employment area (TEA) DHS welcomes comments from the Certification of Regional Center on an
(which includes certain rural areas and public on the number of forms for the
areas of high unemployment) or annual basis or as otherwise requested.
EB–5 program that will be submitted
infrastructure project in a U.S. business See 8 CFR 204.6(m)(6)(i)(B).
annually and how that number will be
that will create at least 10 full-time jobs changed by the recent legislation. DHS The application process would
in the United States for qualifying may adjust the estimated filing volumes require the same information from
employees. See INA sec. 203(b)(5), 8 in the final rule based on additional applicants that is currently required. As
U.S.C. 1153(b)(5); 8 U.S.C. 11538 U.S.C. analysis and comments on this rule. shown in Table 34, during the 5-year
1153. Such investment amounts are not DHS is proposing a fee for Form I– period from FY 2016 through FY 2020,
necessarily indicative of whether the 956, Application for Regional Center USCIS received a total of 951 annual
regional center is appropriately Designation, is $47,695, a $29,900 (168 Form I–956 (formerly Form I–924)
characterized as a small entity for percent) increase from the $17,795 fee regional centers applications and 4,091
purposes of the RFA. Due to the lack of for Form I–924, Application for
regional center revenue data, DHS Regional Center Designation under the
assumes regional centers collect revenue Immigrant Investor Program. See 8 CFR
primarily through the administrative 103.7(b)(1)(i)(WW) (Oct. 1, 2020); 359 The Supplement to Form I–956G is used to
fees charged to investors. proposed 8 CFR 106.2(a)(64). DHS also certify a Regional Center’s continued eligibility for
On March 5, 2022, the President proposes a $47,695 fee for Form I–956F, the Regional Center designation through an annual
signed the EB–5 Reform and Integrity Application for Approval of Investment certification. Each designated Regional Center
entity must file a Form I–956G for each fiscal year
Act of 2022, Div. BB of the Consolidated in a Commercial Enterprise, because its within 90 days after the end of the fiscal year of
Appropriations Act, 2022 (Pub. L. 117– adjudicative burden is nearly identical the calendar year in which the fiscal year ended.
103). The EB–5 Reform and Integrity Act to that of the Form I–956. The proposed DHS has also created Forms I–956H, Bona Fides of
of 2022 immediately repealed the fee for Form I–956G, Regional Center Persons Involved with Regional Center Program,
and I–956K Registration for Direct and Third-Party
Regional Center (RC) Pilot Program Annual Statement, is $4,470, a $1,435 Promoters, for the new EB–5 program. DHS
created by the Departments of (47 percent) increase from the current proposes no fee for those forms in this proposed
Commerce, Justice, and State, the $3,035 fee Form I–924A, Annual rule.
Form I–956G (formerly Form I–924A) annual statements, with annual averages
190 and 818 respectively.
Table 34. Annual Receipts for Form 1-956, Application For Regional Center Designation
Under the Immigrant Investor Program, and Form I-956G, Annual Statements of Regional
Center, for FY 2016 through FY 2020
Fiscal Year Form 1-956* Form I-956G**
2016 436 863
2017 280 843
2018 122 887
2019 79 820
2020 34 678
5-year Total 951 4,091
5-year Annual
Average 190 818
*Source: USCIS, Office of Policy and Strategy (OP&S), Policy Research Division, CLAIMS 3
database, May 5, 2021.
**Source: USCIS, Immigrant Investor Office (IPO), INF ACT database, January 6, 2022.
Note: I-956G are the annual statements to be submitted by these approved regional centers.
Regional centers are difficult to assess program, DHS does not collect data on DHS did consider the information
because there is a lack of official USCIS the administrative fees the regional provided by regional center applicants
data on employment, income, and centers charge to the foreign investors as part of the Forms I–956 (formerly
industry classification for these entities. who are investing in one of their Form I–924) and I–956G (formerly Form
It is difficult to determine the small projects. DHS did not focus on the I–924A); however, it does not include
entity status of regional centers without bundled capital investment amounts adequate data to allow DHS to reliably
such data. Such a determination is also (either a discounted $500,000 if the identify the small entity status of
difficult because regional centers can be investment is in a TEA project, which individual applicants. Although
structured in a variety of different ways, includes certain rural areas and areas of regional center applicants typically
and can involve multiple business and high unemployment, or $1 million for a report the NAICS codes associated with
financial activities, some of which may non-TEA project per investor, in a U.S. the sectors they plan to direct investor
play a direct or indirect role in linking business that will create or preserve at funds toward, these codes do not
investor funds to NCEs and job-creating least 10 full-time jobs in the United necessarily apply to the regional centers
projects or entities. Regional centers States for qualifying employees) 360 that themselves. In addition, information
also pose a challenge for analysis as get invested into an NCE. Such provided to DHS concerning regional
their structure is often complex and can investment amounts are not necessarily centers generally does not include
involve many related business and indicative of whether the regional center regional center revenues or
financial activities not directly involved is appropriately characterized as a small employment.
with EB–5 activities. Regional centers entity for purposes of the RFA. Due to DHS was able to obtain some
can be made up of several layers of the lack of regional center revenue data, information under some specific
business and financial activities that assumptions in an attempt to analyze
DHS assumes regional centers collect
focus on matching foreign investor the small entity status of regional
revenue primarily through the
funds to development projects to centers. In the DHS proposed rule ‘‘EB–
administrative fees charged to investors.
capture above-market return 5 Immigrant Investor Program

differentials. 360 U.S. Department of Homeland Security,
Modernization,’’ DHS analyzed
While DHS attempted to treat regional USCIS—EB–5 Immigrant Investor Program
estimated administrative fees and
centers similar to the other entities in Modernization, Proposed rule. See 84 FR 35750 revenue amounts for regional centers.361
this analysis, DHS was not able to (July 24, 2019). Available at https:// DHS found both the mean and median
identify most of the entities in any of www.govinfo.gov/content/pkg/FR-2019-07-24/pdf/ for administrative fees to be $50,000 and
2019-15000.pdf. This amount by investor is
the public or private online databases. determined between a designated Target
the median revenue amount to be
Furthermore, while regional centers are Employment Area and non-Target Employment
an integral component of the EB–5
EP04JA23.100</GPH>
Area. 361 Id.
$1,250,000 over the period FY 2017 (1) Establishment of differing this proposed rule, paying specific
through FY 2020. DHS does not know compliance or reporting requirements or attention to the effect of the rule on
the extent to which these regional timetables that take into account the small entities in light of the above
centers can pass along the fee increases resources available to small entities; analysis, as well as the full small entity
to the individual investors. Passing (2) Clarification, consolidation, or analysis on regulations.gov.
along the costs from this proposed rule simplification of compliance and • DHS seeks comment on any
can reduce or eliminate the economic reporting requirements under the rule significant alternatives DHS should
impacts to the regional centers. While for such small entities; consider in lieu of the changes proposed
DHS cannot definitively claim there is (3) Use of performance rather than by this proposed rule.
no significant economic impact to these design standards; and • DHS seeks ways in which the rule
small entities based on existing (4) Any exemption from coverage of could be modified to reduce burdens for
information, DHS would assume the rule, or any part thereof, for such small entities consistent with the
existing regional centers with revenues small entities. Immigration and Nationality Act and
equal to or less than $447,000 per year The INA provides for the collection of the Chief Financial Officers Act
(some of which DHS assumes would be fees at a level that will ensure recovery
requirements.
of the full costs of providing
derived from administrative fees • Please identify all relevant Federal,
charged to individual investors) could adjudication and naturalization
State, or local rules that may duplicate,
services, including services provided
experience a significant economic overlap, or conflict with the proposed
without charge to asylum applicants
impact if DHS assumes a fee increase rule.
and certain other immigrant applicants.
that represents 1 percent of annual
In addition, DHS must fund the costs of C. Unfunded Mandates Reform Act of
revenue is a ‘‘significant’’ economic
providing services without charge by 1995
burden under the RFA.362
DHS welcomes comments from the using a portion of the filing fees that are
The Unfunded Mandates Reform Act
public on the impacts to small entities collected for other immigration benefits.
of 1995 (UMRA) is intended, among
of the proposed fee increases to Form I– Without an adjustment in fees, USCIS
other things, to curb the practice of
956G (formerly Form I–924A) and would not be able to sustain the current
imposing unfunded Federal mandates
requests information from the public on level of service for immigration and
on State, local, and Tribal governments.
data sources on the average revenues naturalization benefits. While most
Title II of UMRA requires each Federal
collected by regional centers in the form immigration benefit fees are paid by
agency to prepare a written statement
of administrative fees and the extent to individuals, as described above, some
assessing the effects of any Federal
which regional centers may pass along also are paid by small entities. USCIS
mandate in a proposed rule, or final rule
the fee increases to the individual seeks to minimize the impact on all
for which the agency published a
investors. parties, and in particular small entities.
proposed rule, that includes any Federal
d. A description of the projected An alternative to the increased
mandate that may result in $100 million
reporting, recordkeeping, and other economic burden of the proposed rule is
or more expenditure (adjusted annually
compliance requirements of the to maintain fees at their current level for
for inflation) in any one year by State,
proposed rule, including an estimate of small entities. The strength of this
local, and Tribal governments, in the
the classes of small entities that will be alternative is that it assures no
aggregate, or by the private sector.363
subject to the requirement and the types additional fee burden is placed on small
While this proposed rule is expected
of professional skills necessary for entities; however, this alternative also
to exceed the $100 million in 1995
preparation of the report or record. would cause negative impacts to small
expenditure in any one year when
The proposed rule does not directly entities.
Without the fee adjustments proposed adjusted for inflation ($178 million in
impose any new or additional 2021 dollars based on the Consumer
‘‘reporting’’ or ‘‘recordkeeping’’ in this proposed rule, significant
operational changes would be necessary Price Index for All Urban Consumers
requirements on filers of Form I–129, I– (CPI–U)),364 DHS does not believe this
140, I–910, I–360, G–1041, G–1041A, I– in order for USCIS to provide current
immigration and naturalization benefits proposed rule would impose any
956 (formerly Form I–924), or I–956G unfunded Federal mandates on State,
(formerly I–924A). The proposed rule to the public. These changes would
include reductions in Federal and local, and Tribal governments, in the
does not require any new professional aggregate, or on the private sector. It
skills for reporting. contract staff, infrastructure spending
on information technology and does not contain a Federal mandate as
e. An identification, to the extent
practical, of all relevant Federal rules facilities, travel, and training.
363 See 2 U.S.C. 1532(a).
that may duplicate, overlap, or conflict Depending on the actual level of 364 See U.S. Department of Labor, BLS,
with the proposed rule. workload received, these operational ‘‘Historical Consumer Price Index for All Urban
DHS is unaware of any duplicative, changes could result in longer Consumers (CPI–U): U.S. city average, all items, by
overlapping, or conflicting Federal application processing times, a month,’’ available at https://www.bls.gov/cpi/tables/
degradation in service to applicants and supplemental-files/historical-cpi-u-202112.pdf (last
rules, but invites any comment and visited Jan. 13, 2022). Calculation of inflation: (1)
information regarding any such rules. petitioners, and reduced efficiency over Calculate the average monthly CPI–U for the
f. Description of any significant time. DHS is therefore not proposing to reference year (1995) and the current year (2021);
alternatives to the proposed rule that exempt small entities from the fee (2) Subtract reference year CPI–U from current year
increases outlined in this proposed rule. CPI–U; (3) Divide the difference of the reference
accomplish the stated objectives of year CPI–U and current year CPI–U by the reference
applicable statutes and that minimize g. Questions for Comment to Assist year CPI–U; (4) Multiply by 100 = [(Average
any significant economic impact of the Regulatory Flexibility Analysis. monthly CPI–U for 2021¥Average monthly CPI–U
proposed rule on small entities, • DHS seeks comment on the for 1995)/(Average monthly CPI–U for
including alternatives considered as: numbers of small entities that may be 1995)]*100=[(270.970¥152.383)/
impacted by this proposed rulemaking. 152.383]*100=(118.587/
152.383)*100=0.77821673*100=77.82 percent=78
362 Calculation: 1 percent of $447,000 = $4,470 • DHS seeks comment on any or all percent (rounded). Calculation of inflation-adjusted
(the new fee for Form I–956G; formerly Form I– of the provisions in the proposed rule value: $100 million in 1995 dollars*1.78=$178
924A). with regard to the economic impact of million in 2021 dollars.
the term is defined under UMRA.365 on the relationship between the Indian Tribal Governments, because it
The requirements of Title II of UMRA, National Government and the States, or does not have substantial direct effects
therefore, do not apply, and DHS has on the distribution of power and on one or more Indian Tribes, on the
not prepared a written statement. responsibilities among the various relationship between the Federal
levels of government. Therefore, in Government and Indian Tribes, or on
D. Small Business Regulatory
accordance with section 6 of E.O. 13132, the distribution of power and
Enforcement Fairness Act of 1996
it is determined that this proposed rule responsibilities between the Federal
(Congressional Review Act)
does not have sufficient federalism Government and Indian Tribes.
The Congressional Review Act (CRA) implications to warrant the preparation Accordingly, E.O. 13175, Consultation
was included as part of the Small of a federalism summary impact and Coordination with Indian Tribal
Business Regulatory Enforcement statement.
Fairness Act of 1996 (SBREFA) by Governments, requires no further
section 804 of SBREFA, Public Law F. Executive Order 12988 (Civil Justice agency action or analysis.
104–121, 110 Stat. 847, 868, et seq. This Reform)
H. Paperwork Reduction Act
proposed rule, if finalized, would be a This proposed rule was drafted and
major rule as defined by section 804 of reviewed in accordance with E.O. Under the PRA of 1995, 44 U.S.C.
SBREFA because the aggregate amount 12988, Civil Justice Reform. This 3501–12, DHS must submit to OMB, for
of additional fees to be collected will proposed rule was written to provide a review and approval, any reporting
exceed $100 million. See 5 U.S.C. clear legal standard for affected conduct requirements inherent in a rule, unless
804(2)(A) (providing that a rule is a and was carefully reviewed to eliminate they are exempt. In accordance with the
major rule if it is likely to result in an drafting errors and ambiguities to PRA, the information collection notice
annual effect on the economy of $100 minimize litigation and undue burden is published in the Federal Register to
million or more). Accordingly, absent on the Federal court system. DHS has obtain comments regarding the
exceptional circumstances, this determined that this proposed rule proposed edits to the information
proposed rule if enacted as a final rule meets the applicable standards provided
collection instruments. Please see the
would be effective at least 60 days after in section 3(a) and 3(b)(2) of E.O. 12988.
accompanying PRA documentation for
the date on which Congress receives a
G. Executive Order 13175 (Consultation the full analysis. The Information
report submitted by DHS as required by
and Coordination With Indian Tribal Collection table below shows the
5 U.S.C. 801(a)(1).
Governments) summary of forms that are part of this
E. Executive Order 13132 (Federalism) This proposed rule would not have rulemaking.
This proposed rule would not have ‘‘Tribal implications’’ under E.O. 13175, BILLING CODE 9111–97–P
substantial direct effects on the States, Consultation and Coordination with
Table 35: Information Collection
OMBNumber Form Number Form Name Tvoe of PRA Action

1615-0096 G-1041 Genealogy Index Search Request
EP04JA23.101</GPH>
365 The term ‘‘Federal mandate’’ means a Federal
intergovernmental mandate or a Federal private

sector mandate. See 2 U.S.C. 1502(1), 658(6).
OMBNumber Form Number Form Name Tvoe of PRA Action

Genealogy Records Request (For Revision of a Currently
G-1041A
each microfilm or hard couv file) Annroved Collection
Request for a Certificate of Non- Revision of a Currently
1615-0156 G-1566
Existence Auuroved Collection
Application for
Revision of a Currently
1615-0079 1-102 Replacement/Initial Nonimmigrant
Approved Collection
Arrival-Denarture Document
Petition for a Nonimmigrant Revision of a Currently
1615-0009 1-129
Worker Auproved Collection
I-129CW Nonimmigrant Transitional
1615-0111 Worker
Approved Collection
Semiannual Report for CW-1
I-129CWR
Worker
1615-0001 I-129F Petition for Alien Fiance(e)
Annroved Collection
Nonimmigrant Petition Based on Revision of a Currently
1615-0010 I-129S
Blanket L Petition Auproved Collection
1-130 Petition for Alien Relative
1615-0012 Supplemental Information for
T-130A Approved Collection
Snouse Beneficiarv
1615-0013 1-131 Application for Travel Document
Annroved Collection
Application for Travel Document Revision of a Currently
1615-0135 T-131A
(Carrier Documentation) Approved Collection
Immigrant Petition for Alien Revision of a Currently
1615-0015 1-140
Worker Auproved Collection
Application for Relief Under
Former Section 212(c) of the Revision of a Currently
1615-0016 1-191
Immigration and Nationality Act Approved Collection
(INA)
1615-0017 1-192 Permission to Enter as
Approved Collection
Nonimmiornnt
Application for Permission to
Reapply for Ad.Inission into the Revision of a Currently
1615-0018 1-212
United States After Deportation or Approved Collection
Removal
1615-0095 I-290B Notice of Appeal or Motion
Approved Collection
Petition for Amerasian, Revision of a Currently
1615-0020 1-360
Widow(er), or Suecial Immiimmt Auproved Collection
Application to Register Permanent
1-485
Residence or Adjust Status
Supplement A to Form 1-485,
I-485A Adjustment of Status Under
1615-0023 Section 245(i)
Approved Collection
Confirmation of Bona Fide Job
Offer or Request for Job
I-485J
Portability Under INA Section
204(i)
Application to Extend/Change Revision of a Currently
1615-0003 1-539
Nonimmiornnt Status Approved Collection
EP04JA23.102</GPH>
0MB Number Form Number Form Name Tvpe of PRA Action

Intcragcncy Record of Request -
A, G or NATO Dependent
1615-0027 I-566 Employment Authorization or
Approved Collection
Change/ Adjustment to/from A, G
or NATO Status
I-600
Inunediate Relative
I-600A
Processing of an Orphan Petition
Form I-600A/I-600 Supplement 1,
I-600/A Suppl Listing of Adult Member of Revision of a Currently
1615-0028
the Household Approved Collection
Fonn I-G00A/I-600 Supplement 2,
1-600/A Supp 2
Consent to Disclose Information
Form I-600A/I-600 Supplement 3,
I-600/A Supp 3 Request for Action on Approved
Fonn I-600A/I-600
Application for Waiver of Grounds Revision of a Currently
1615-0029 1-601
ofTnadmissibilitv Annroved Collection
Application for Provisional Revision of a Currently
1615-0123 I-601A
Unlawful Presence Waiver Aooroved Collection
Application by Refugee for Waiver Revision of a Currently
1615-0069 I-602
of Grmmds of Inadmissibilitv Annroved Collection
Application for Waiver of the
Foreign Residence Requirement Revision of a Currently
1615-0030 I-612
(Under Section212(e) of the INA, Approved Collection
as Amended)
Application for Waiver of Grounds Revision of a Currently
1615-0032 I-690
of Inadmissibilitv Annroved Collection
1615-0035 I-698 Temporary to Permanent Resident
Approved Collection
(Under Section 245A of the INA)
Petition to Remove Conditions on Revision of a Currently
1615-0038 I-751
Residence Aooroved Collection
Application for Employment Revision of a Currently
1615-0040 I-765
Authorization Annroved Collection
1615-0137 l-765V Authorization for Abused
Approved Collection
Nonimmigrant Spouse
Application for Family Unity Revision of a Currently
1615-0005 I-817
Benefits Annroved Collection
Application for Temporary Revision of a Currently
1615-0043 I-821
Protected Status Annroved Collection
Consideration of Deferred Action Revision of a Currently
1615-0124 I-821D
for Childhood Arrivals Aooroved Collection
Application for Action on an Revision of a Currently
1615-0044 I-824
Annroved Annlication or Petition Annroved Collection
No material or nonsubstantive
Inter-Agency Alien Witness and
1615-0046 I-854A change to a currently approved
Infonnant Record
collection
1615-0072 I-881 Deportation or Special Rule
Approved Collection
Cancellation of Removal
Application to Replace Permanent Revision of a Currently
1615-0082 I-90
Resident Card Annroved Collection
EP04JA23.103</GPH>
OMBNumber Form Number Form Name Tvue of PRA Action

Request for Premium Processing Revision of a Currently
1615-0048 1-907
Service Annroved Collection
Application for Civil Surgeon Revision of a Currently
1615-0114 1-910
Desi!ffiation Annroved Collection
1615-0116 1-912 Application for Fee Waiver
Annroved Collection
Application for T nonimmigrant Revision of a Currently
1615-0099 1-914
status Annroved Collection
Application for U nonimmigrant Revision of a Currently
1615-0104 1-918
status Annroved Collection
Petition for Qualifying Family Revision of a Currently
1615-0106 1-929
Member of a U-1 Nonimmigrant Annroved Collection
Application for Entrepreneur Revision of a Currently
1615-0136 1-941
Parole Annroved Collection
1615-0050 N-336 Decision in Naturalization
Approved Collection
Proceedin!!S
1615-0052 N-400 Application for Naturalization
Annroved Collection
Application to Preserve Residence Revision of a Currently
1615-0056 N-470
for Naturalization Pumoses Annroved Collection
Application for Replacement of
1615-0091 N-565 Naturalization/Citizenship
Approved Collection
Document
Application for Certification of Revision of a Currently
1615-0057 N-600
Citizenshin Annroved Collection
Application for Citizenship and
1615-0087 N-600K Issuance of Certificate under
Approved Collection
Section 322.
1615-0144 OMB-64 H-IB Registration Tool
Annroved Collection
BILLING CODE 9111–97–C indicated in Table 35 as ‘‘No material/ Resident Status, to adjudicate requests
USCIS is consolidating all non-substantive change to a currently from investors under the previous
information related to Form fees, fee approved collection’’ in the Type of statute and regulations, and as
exemptions, and how to submit fee PRA Action column. The USCIS Form authorized by the EB–5 Reform and
payments into Form G–1055, Fee I–854A, Inter-Agency Alien Witness and Integrity Act of 2022. Those forms are
Schedule. Most fee-related language, Informant Record, edits include not subject to the Paperwork Reduction
including language from sections What updating general instructions language. Act. See Public Law 117–103, div. BB,
is the Filing Fee, How To Check If the As stated previously in this preamble, sec. 106(d) (providing that for a 1-year
Fees Are Correct, Fee Waiver, and DHS has recently created Forms I–526, period the requirements of the PRA do
Premium Processing content is being Immigrant Petition by Alien not apply to any collection of
removed from individual Form Entrepreneur, and Form I–526E, information required to implement the
Instructions documents, which results Immigrant Petition by Regional Center EB–5 Reform and Integrity Act of 2022).
in a per-response hour burden reduction Investor, Form I–956, Application for Thus, those forms are not discussed in
for many USCIS information collections Regional Center Designation, Form I– this section although new fees are
and an overall total hour burden 956F, Application for Approval of proposed for them in this rule. If the
reduction for the USCIS information Investment in a Commercial Enterprise, applicable forms are approved by OMB
collection inventory. In accordance with Form I–956G, Regional Center Annual before the final rule is published, the
the PRA, the information collection Statement, Form I–956H, Bona Fides of final rule will be updated accordingly.
notice is published in the Federal Persons Involved with Regional Center
Register and will include the proposed Program, and Form I–956K Registration USCIS Form G–1041; G1041A
edits to the information collection for Direct and Third-Party Promoters, to DHS and USCIS invite the general
instruments. implement the EB–5 Reform and public and other Federal agencies to
This rulemaking will also require Integrity Act of 2022. USCIS continues comment on the impact to the proposed
non-substantive edits to some USCIS to use Form I–829, Petition by Investor collection of information. In accordance
information collections, which are to Remove Conditions on Permanent with the PRA, the information
EP04JA23.104</GPH>
collection notice is published in the (5) An estimate of the total number of (2) Title of the Form/Collection:
Federal Register to obtain comments respondents and the amount of time Request for a Certificate of Non-
regarding the proposed edits to the estimated for an average respondent to Existence.
information collection instrument. respond: The estimated total number of (3) Agency form number, if any, and
Comments are encouraged and will be respondents for the information the applicable component of DHS
accepted for 60 days from the collection Form G–1041 is 3,847 and the sponsoring the collection: G–1566;
publication date of the proposed rule. estimated hour burden per response is USCIS.
All submissions received must include 0.317 hours; the estimated total number (4) Affected public who will be asked
the OMB Control Number 1615–0096 in of respondents for Form G–1041A is or required to respond, as well as a brief
the body of the letter and the agency 2,920 and the estimated hour burden abstract: Primary: Individuals or
name. Comments on this information per response is 0.317 hours. households. USCIS will use the
collection should address one or more (6) An estimate of the total public information collected on Form G–1566
of the following four points: burden (in hours) associated with the to determine whether any immigration
(1) Evaluate whether the collection of collection: The total estimated annual records about the subject of record listed
information is necessary for the proper hour burden associated with this on the form exist. If no records about the
performance of the functions of the collection is 2,146 hours. subject of record exist, USCIS will
agency including whether the (7) An estimate of the total public provide a Certificate of Nonexistence. If
information will have practical utility; burden (in cost) associated with the USCIS finds records related to the
(2) Evaluate the accuracy of the subject of record, a Certificate of Non-
collection: The estimated total annual
agency’s estimate of the burden of the Existence will not be issued, but the
cost burden associated with this
collection of information including the requestor will be notified that records
collection of information is $25,376.
validity of the methodology and were found.
assumptions used; USCIS Form G–1566 (5) An estimate of the total number of
(3) Enhance the quality, utility, and respondents and the amount of time
clarity of the information to be DHS and USCIS invite the general
public and other Federal agencies to estimated for an average respondent to
collected; and respond: The estimated total number of
(4) Minimize the burden of the comment on the impact to the proposed
collection of information. In accordance respondents for the information
collection of information on those who
with the PRA, the information collection G–1566 is 2,000 and the
are to respond including through the
collection notice is published in the estimated hour burden per response is
use of appropriate automated,
Federal Register to obtain comments 0.5 hours.
electronic, mechanical, or other
regarding the proposed edits to the (6) An estimate of the total public
technological collection techniques or
information collection instrument. burden (in hours) associated with the
other forms of information technology,
Comments are encouraged and will be collection: The total estimated annual
for example, permitting electronic
accepted for 60 days from the hour burden associated with this
submission of responses.
Overview of information collection: publication date of the proposed rule. collection is 1,000 hours.
(1) Type of Information Collection: All submissions received must include (7) An estimate of the total public
Revision of a Currently Approved the OMB Control Number 1615–0156 in burden (in cost) associated with the
Collection. the body of the letter and the agency collection: The estimated total annual
(2) Title of the Form/Collection: name. Comments on this information cost burden associated with this
Genealogy Index Search Request; collection should address one or more collection of information is $122,000.
Genealogy Records Request (For each of the following four points: USCIS Form I–102
microfilm or hard copy file). (1) Evaluate whether the collection of
(3) Agency form number, if any, and information is necessary for the proper DHS and USCIS invite the general
the applicable component of DHS performance of the functions of the public and other Federal agencies to
sponsoring the collection: G–1041; G– agency including whether the comment on the impact to the proposed
1041A; USCIS. information will have practical utility; collection of information. In accordance
(4) Affected public who will be asked with the PRA, the information
(2) Evaluate the accuracy of the collection notice is published in the
or required to respond, as well as a brief
agency’s estimate of the burden of the Federal Register to obtain comments
abstract: Primary: Individuals or
collection of information including the regarding the proposed edits to the
households. The Genealogy Program is
validity of the methodology and information collection instrument.
necessary to provide a more timely
assumptions used;
response to requests for genealogical Comments are encouraged and will be
and historical records. Form G–1041 is (3) Enhance the quality, utility, and accepted for 60 days from the
provided as a convenient means for clarity of the information to be publication date of the proposed rule.
persons to provide data necessary to collected; and All submissions received must include
perform a search of historical agency (4) Minimize the burden of the the OMB Control Number 1615–0079 in
indices. Form G–1041A provides a collection of information on those who the body of the letter and the agency
convenient means for persons to are to respond including through the name. Comments on this information
identify a particular record desired use of appropriate automated, collection should address one or more
under the Genealogy Program. The electronic, mechanical, or other of the following four points:
forms provide rapid identification of technological collection techniques or (1) Evaluate whether the collection of
such requests and ensures expeditious other forms of information technology, information is necessary for the proper
handling. Persons such as researchers, for example, permitting electronic performance of the functions of the
historians, and social scientists seeking submission of responses. agency including whether the
ancestry information for genealogical, Overview of information collection: information will have practical utility;
family history and their location (1) Type of Information Collection: (2) Evaluate the accuracy of the
purposes will use Forms G–1041 and G– Revision of a Currently Approved agency’s estimate of the burden of the
1041A. Collection. collection of information including the
validity of the methodology and collection notice is published in the number of respondents for the
assumptions used; Federal Register to obtain comments information collection E–1/E–2
(3) Enhance the quality, utility, and regarding the proposed edits to the Classification Supplement is 12,050 and
clarity of the information to be information collection instrument. the estimated hour burden per response
collected; and Comments are encouraged and will be is 0.67; the estimated total number of
(4) Minimize the burden of the accepted for 60 days from the respondents for the information
collection of information on those who publication date of the proposed rule. collection Trade Agreement Supplement
are to respond including through the All submissions received must include to Form I–129 is 12,945 and the
use of appropriate automated, the OMB Control Number 1615–0009 in estimated hour burden per response is
electronic, mechanical, or other the body of the letter and the agency 0.67; the estimated total number of
technological collection techniques or name. Comments on this information respondents for the information
other forms of information technology, collection should address one or more collection H Classification Supplement
for example, permitting electronic of the following four points: to Form I–129 is 471,983 and the
submission of responses. (1) Evaluate whether the collection of estimated hour burden per response is
Overview of information collection: information is necessary for the proper 2; the estimated total number of
(1) Type of Information Collection: performance of the functions of the respondents for the information
Revision of a Currently Approved agency including whether the collection H–1B and H–1B1 Data
Collection. information will have practical utility; Collection and Filing Fee Exemption
(2) Title of the Form/Collection: (2) Evaluate the accuracy of the Supplement is 398,936 and the
Application for Replacement/Initial agency’s estimate of the burden of the estimated hour burden per response is
Nonimmigrant Arrival/Departure collection of information including the 1; the estimated total number of
Document. validity of the methodology and respondents for the information
(3) Agency form number, if any, and assumptions used; collection L Classification Supplement
the applicable component of DHS (3) Enhance the quality, utility, and to Form I–129 is 40,358 and the
sponsoring the collection: I–102; USCIS. clarity of the information to be estimated hour burden per response is
(4) Affected public who will be asked collected; and 1.34; the estimated total number of
or required to respond, as well as a brief (4) Minimize the burden of the respondents for the information
abstract: Primary: Individuals or collection of information on those who collections O and P Classifications
households. Nonimmigrants temporarily are to respond including through the Supplement to Form I–129 is 28,434
residing in the United States can use use of appropriate automated, and the estimated hour burden per
this form to request a replacement of a electronic, mechanical, or other response is 1; the estimated total
lost, stolen, or mutilated Form I–94, technological collection techniques or number of respondents for the
Arrival/Departure Record, or to request other forms of information technology, information collection Q–1
a new Arrival/Departure Record, if one for example, permitting electronic Classification Supplement to Form I–
was not issued when the nonimmigrant submission of responses. 129 is 54 and the estimated hour burden
was last admitted but the nonimmigrant Overview of information collection: per response is 0.34; the estimated total
is now in need of such a record. USCIS (1) Type of Information Collection: number of respondents for the
uses the information provided by the Revision of a Currently Approved information collection R–1
requester to verify eligibility, as well as Collection. Classification Supplement to Form I–
his or her status, process the request, (2) Title of the Form/Collection: 129 is 6,782 and the estimated hour
and issue a new or replacement Arrival/ Petition for a Nonimmigrant Worker. burden per response is 2.34.
Departure Record. If the application is (3) Agency form number, if any, and (6) An estimate of the total public
approved, USCIS will issue a Form I–94, the applicable component of DHS burden (in hours) associated with the
Arrival/Departure Record. sponsoring the collection: I–129; USCIS. collection: The total estimated annual
(5) An estimate of the total number of (4) Affected public who will be asked hour burden associated with this
respondents and the amount of time or required to respond, as well as a brief collection is 2,693,162 hours.
estimated for an average respondent to abstract: Primary: Business or other for- (7) An estimate of the total public
respond: The estimated total number of profit; Not-for-profit institutions. USCIS burden (in cost) associated with the
respondents for the information uses the data collected on this form to collection: The estimated total annual
collection Form I–102 is 4,100 and the determine the eligibility of a business to cost burden associated with this
estimated hour burden per response is petition for a nonimmigrant worker to collection of information is
0.567 hours. come to the United States temporarily to $294,892,090.
(6) An estimate of the total public perform services or labor, or to receive
training, as an H–1B, H–2A, H–2B, H– USCIS Form I–129CW; I–129CWR
burden (in hours) associated with the
collection: The total estimated annual 3, L–1, O–1, O–2, P–1, P–1S, P–2, P–2S, DHS and USCIS invite the general
hour burden associated with this P–3, P–3S, Q–1, or R–1 nonimmigrant public and other Federal agencies to
collection is 2,325 hours. worker. Petitioners may also use this comment on the impact to the proposed
(7) An estimate of the total public form to request an extension of stay in collection of information. In accordance
burden (in cost) associated with the or change of status to E–1, E–2, E–3, H– with the PRA, the information
collection: The estimated total annual 1B1 or TN, or one of the above collection notice is published in the
cost burden associated with this classifications for an alien. Federal Register to obtain comments
collection of information is $1,182,440. (5) An estimate of the total number of regarding the proposed edits to the
respondents and the amount of time information collection instrument.
USCIS Form I–129 estimated for an average respondent to Comments are encouraged and will be
DHS and USCIS invite the general respond: The estimated total number of accepted for 60 days from the
public and other Federal agencies to respondents for the information publication date of the proposed rule.
comment on the impact to the proposed collection Form I–129 is 572,606 and All submissions received must include
collection of information. In accordance the estimated hour burden per response the OMB Control Number 1615–0079 in
with the PRA, the information is 2.157 hours; the estimated total the body of the letter and the agency
name. Comments on this information provided for these semiannual reports to (1) Type of Information Collection:
collection should address one or more be shared with DOL. 48 U.S.C. Revision of a Currently Approved
of the following four points: 1806(d)(3)(D)(ii). Collection.
(1) Evaluate whether the collection of (5) An estimate of the total number of (2) Title of the Form/Collection:
information is necessary for the proper respondents and the amount of time Petition for Alien Fiancé(e).
performance of the functions of the estimated for an average respondent to (3) Agency form number, if any, and
agency including whether the respond: The estimated total number of the applicable component of DHS
information will have practical utility; respondents for the information sponsoring the collection: I–129F;
(2) Evaluate the accuracy of the collection Form I–129CW is 5,975 and USCIS.
agency’s estimate of the burden of the the estimated hour burden per response (4) Affected public who will be asked
collection of information including the is 3.317 hours; the estimated total or required to respond, as well as a brief
validity of the methodology and number of respondents for the abstract: Primary: Individuals and
assumptions used; information collection Form I–129CWR Households. Form I–129F must be filed
(3) Enhance the quality, utility, and is 5,975 and the estimated hour burden with U.S. Citizenship and Immigration
clarity of the information to be per response is 2.5 hours. Services (USCIS) by a citizen of the
collected; and (6) An estimate of the total public United States in order to petition for an
(4) Minimize the burden of the burden (in hours) associated with the alien spouse, fiancé(e), or child.
collection of information on those who collection: The total estimated annual (5) An estimate of the total number of
are to respond including through the hour burden associated with this respondents and the amount of time
use of appropriate automated, collection is 34,757 hours. estimated for an average respondent to
electronic, mechanical, or other (7) An estimate of the total public respond: The estimated total number of
technological collection techniques or burden (in cost) associated with the respondents for the information
other forms of information technology, collection: The estimated total annual collection Form I–129F is 47,700 and
for example, permitting electronic cost burden associated with this the estimated hour burden per response
submission of responses. collection of information is $3,809,063. is 3.067 hours; the estimated total
Overview of information collection:
(1) Type of Information Collection: number of respondents for biometrics
USCIS Form I–129F
Revision of a Currently Approved processing is 47,700 and the estimated
DHS and USCIS invite the general hour burden per response is 1.17 hours.
Collection.
(2) Title of the Form/Collection: public and other Federal agencies to (6) An estimate of the total public
Petition for a CNMI-Only Nonimmigrant comment on the impact to the proposed burden (in hours) associated with the
Transitional Worker; Semiannual Report collection of information. In accordance collection: The total estimated annual
for CW–1 Workers. with the PRA, the information hour burden associated with this
(3) Agency form number, if any, and collection notice is published in the collection is 202,105 hours.
the applicable component of DHS Federal Register to obtain comments (7) An estimate of the total public
sponsoring the collection: I–129CW; I– regarding the proposed edits to the burden (in cost) associated with the
129CWR; USCIS. information collection instrument. collection: The estimated total annual
(4) Affected public who will be asked Comments are encouraged and will be cost burden associated with this
or required to respond, as well as a brief accepted for 60 days from the collection of information is $5,412,004.
abstract: Primary: Business and other publication date of the proposed rule.
All submissions received must include USCIS Form I–129S
for-profit. USCIS uses the data collected
on Form I–129CW to determine the OMB Control Number 1615–0001 in DHS and USCIS invite the general
eligibility for the requested immigration the body of the letter and the agency public and other Federal agencies to
benefits. An employer uses Form I– name. Comments on this information comment on the impact to the proposed
129CW to petition USCIS for a collection should address one or more collection of information. In accordance
noncitizen to temporarily enter as a of the following four points: with the PRA, the information
nonimmigrant into the CNMI to perform (1) Evaluate whether the collection of collection notice is published in the
services or labor as a CW–1 worker. An information is necessary for the proper Federal Register to obtain comments
employer also uses Form I–129CW to performance of the functions of the regarding the proposed edits to the
request an extension of stay or change agency including whether the information collection instrument.
of status on behalf of the noncitizen information will have practical utility; Comments are encouraged and will be
worker. Form I–129CW serves the (2) Evaluate the accuracy of the accepted for 60 days from the
purpose of standardizing requests for agency’s estimate of the burden of the publication date of the proposed rule.
these benefits and ensuring that the collection of information including the All submissions received must include
basic information required to determine validity of the methodology and the OMB Control Number 1615–0010 in
eligibility is provided by the petitioners. assumptions used; the body of the letter and the agency
Form I–129CWR, Semiannual Report (3) Enhance the quality, utility, and name. Comments on this information
for CW–1 Employers, is used by clarity of the information to be collection should address one or more
employers to comply with the reporting collected; and of the following four points:
requirements imposed by the Workforce (4) Minimize the burden of the (1) Evaluate whether the collection of
Act. Form I–129CWR captures data collection of information on those who information is necessary for the proper
USCIS requires to help verify the are to respond including through the performance of the functions of the
continuing employment and payment of use of appropriate automated, agency including whether the
the CW–1 worker. DHS may provide electronic, mechanical, or other information will have practical utility;
such semiannual reports to other technological collection techniques or (2) Evaluate the accuracy of the
Federal partners, including the U.S. other forms of information technology, agency’s estimate of the burden of the
Department of Labor (DOL) for for example, permitting electronic collection of information including the
investigative or other use as DOL may submission of responses. validity of the methodology and
deem appropriate. Congress expressly Overview of information collection: assumptions used;
(3) Enhance the quality, utility, and USCIS Form I–130; I–130A respond: The estimated total number of
clarity of the information to be DHS and USCIS invite the general respondents for the information
collected; and public and other Federal agencies to collection Form I–130 paper filing is
(4) Minimize the burden of the comment on the impact to the proposed 437,500 and the estimated hour burden
collection of information on those who collection of information. In accordance per response is 1.817 hours; the
are to respond including through the with the PRA, the information estimated total number of respondents
use of appropriate automated, collection notice is published in the for the information collection Form I–
electronic, mechanical, or other Federal Register to obtain comments 130A is 40,775 and the estimated hour
technological collection techniques or regarding the proposed edits to the burden per response is 0.833 hours; and
other forms of information technology, information collection instrument. the estimated total number of
for example, permitting electronic Comments are encouraged and will be respondents for the information
submission of responses. accepted for 60 days from the collection Form I–130 online filing is
publication date of the proposed rule. 437,500 and the estimated hour burden
Overview of information collection:
All submissions received must include per response is 1.5 hours.
(1) Type of Information Collection: (6) An estimate of the total public
Revision of a Currently Approved the OMB Control Number 1615–0012 in
the body of the letter and the agency burden (in hours) associated with the
Collection. collection: The total estimated annual
name. Comments on this information
(2) Title of the Form/Collection: collection should address one or more hour burden associated with this
Nonimmigrant Petition Based on of the following four points: collection is 1,485,154 hours.
Blanket L Petition. (1) Evaluate whether the collection of (7) An estimate of the total public
(3) Agency form number, if any, and information is necessary for the proper burden (in cost) associated with the
the applicable component of DHS performance of the functions of the collection: The estimated total annual
sponsoring the collection: I–129S; agency including whether the cost burden associated with this
USCIS. information will have practical utility; collection of information is
(4) Affected public who will be asked (2) Evaluate the accuracy of the $350,000,000.
or required to respond, as well as a brief agency’s estimate of the burden of the USCIS Form I–131
abstract: Primary: Business or other for- collection of information including the
validity of the methodology and DHS and USCIS invite the general
profit. Employers seeking to classify
assumptions used; public and other Federal agencies to
employees outside the United States as
(3) Enhance the quality, utility, and comment on the impact to the proposed
executives, managers, or specialized
clarity of the information to be collection of information. In accordance
knowledge professionals, as
collected; and with the PRA, the information
nonimmigrant intra-company
(4) Minimize the burden of the collection notice is published in the
transferees pursuant to a previously
collection of information on those who Federal Register to obtain comments
approved blanket petition under
are to respond including through the regarding the proposed edits to the
sections 214(c)(2) and 101(a)(15)(L) of
use of appropriate automated, information collection instrument.
the Act, may file this form. USCIS uses
the information provided through this electronic, mechanical, or other Comments are encouraged and will be
form to assess whether the employee technological collection techniques or accepted for 60 days from the
meets the requirements for L–1 other forms of information technology, publication date of the proposed rule.
classification under blanket L petition for example, permitting electronic All submissions received must include
approval. Submitting this information to submission of responses. the OMB Control Number 1615–0013 in
USCIS is voluntary. USCIS may provide Overview of information collection: the body of the letter and the agency
the information provided through this (1) Type of Information Collection: name. Comments on this information
form to other Federal, State, local, and Revision of a Currently Approved collection should address one or more
foreign government agencies and Collection. of the following four points:
authorized organizations, and may also (2) Title of the Form/Collection: (1) Evaluate whether the collection of
be made available, as appropriate, for Petition for Alien Relative; information is necessary for the proper
law enforcement purposes or in the Supplemental Information for Spouse performance of the functions of the
interest of national security. Beneficiary. agency including whether the
(3) Agency form number, if any, and information will have practical utility;
(5) An estimate of the total number of (2) Evaluate the accuracy of the
the applicable component of DHS
respondents and the amount of time agency’s estimate of the burden of the
sponsoring the collection: I–130; I–
estimated for an average respondent to collection of information including the
130A; USCIS.
respond: The estimated total number of validity of the methodology and
(4) Affected public who will be asked
respondents for the information assumptions used;
collection Form I–129S is 75,000 and (3) Enhance the quality, utility, and
abstract: Primary: Individuals or
the estimated hour burden per response clarity of the information to be
households. Form I–130 allows U.S.
is 2.817 hours. collected; and
citizens or lawful permanent residents
(6) An estimate of the total public of the United States to petition on behalf (4) Minimize the burden of the
burden (in hours) associated with the of certain alien relatives who wish to collection of information on those who
collection: The total estimated annual immigrate to the United States. Form I– are to respond including through the
hour burden associated with this 130A allows for the collection of use of appropriate automated,
collection is 211,275 hours. additional information for spouses of electronic, mechanical, or other
(7) An estimate of the total public the petitioners necessary to facilitate a technological collection techniques or
burden (in cost) associated with the decision. other forms of information technology,
collection: The estimated total annual (5) An estimate of the total number of for example, permitting electronic
cost burden associated with this respondents and the amount of time submission of responses.
collection of information is $36,750,000. estimated for an average respondent to Overview of information collection:
(1) Type of Information Collection: collection should address one or more with the PRA, the information
Revision of a Currently Approved of the following four points: collection notice is published in the
Collection. (1) Evaluate whether the collection of Federal Register to obtain comments
(2) Title of the Form/Collection: information is necessary for the proper regarding the proposed edits to the
Application for Travel Document, Form performance of the functions of the information collection instrument.
I–131; Extension, Without Change, of a agency including whether the Comments are encouraged and will be
Currently Approved Collection. information will have practical utility; accepted for 60 days from the
(3) Agency form number, if any, and (2) Evaluate the accuracy of the publication date of the proposed rule.
the applicable component of DHS agency’s estimate of the burden of the All submissions received must include
sponsoring the collection: I–131; USCIS. collection of information including the the OMB Control Number 1615–0015 in
(4) Affected public who will be asked validity of the methodology and the body of the letter and the agency
or required to respond, as well as a brief assumptions used; name. Comments on this information
abstract: Primary: Individuals or (3) Enhance the quality, utility, and collection should address one or more
households. Certain noncitizens, clarity of the information to be of the following four points:
principally permanent or conditional collected; and (1) Evaluate whether the collection of
residents, refugees or asylees, applicants (4) Minimize the burden of the information is necessary for the proper
for adjustment of status, noncitizens in collection of information on those who performance of the functions of the
TPS, DACA recipients, and noncitizens are to respond including through the agency including whether the
abroad seeking humanitarian parole use of appropriate automated, information will have practical utility;
who need to apply for a travel document electronic, mechanical, or other (2) Evaluate the accuracy of the
to lawfully enter or re-enter the United technological collection techniques or agency’s estimate of the burden of the
States. Lawful permanent residents may other forms of information technology, collection of information including the
now file requests for travel permits for example, permitting electronic validity of the methodology and
(transportation letter or boarding foil). submission of responses. assumptions used;
Overview of information collection: (3) Enhance the quality, utility, and
(5) An estimate of the total number of
(1) Type of Information Collection: clarity of the information to be
respondents and the amount of time
Revision of a Currently Approved collected; and
estimated for an average respondent to
Collection. (4) Minimize the burden of the
respond: The estimated total number of (2) Title of the Form/Collection:
respondents for the information collection of information on those who
Application for Carrier Documentation.
collection I–131 is 483,920 and the are to respond including through the
(3) Agency form number, if any, and
estimated hour burden per response is use of appropriate automated,
1.717 hours; the estimated total number electronic, mechanical, or other
sponsoring the collection: I–131A;
of respondents for biometrics processing technological collection techniques or
USCIS.
is 84,000 and the estimated hour burden (4) Affected public who will be asked other forms of information technology,
per response is 1.17 hours, the or required to respond, as well as a brief for example, permitting electronic
estimated total number of respondents abstract: Primary: Individuals or submission of responses.
for passport-style photos is 380,000 and households. USCIS uses the information Overview of information collection:
the estimated hour burden per response provided on Form I–131A to verify the (1) Type of Information Collection:
is 0.5 hours. status of permanent or conditional Revision of a Currently Approved
(6) An estimate of the total public residents and determine whether the Collection.
burden (in hours) associated with the applicant is eligible for the requested (2) Title of the Form/Collection:
collection: The total estimated annual travel document. Immigrant Petition for Alien Workers.
hour burden associated with this (5) An estimate of the total number of (3) Agency form number, if any, and
collection is 1,119,171 hours. respondents and the amount of time the applicable component of DHS
(7) An estimate of the total public estimated for an average respondent to sponsoring the collection: I–140; USCIS.
burden (in cost) associated with the respond: The estimated total number of (4) Affected public who will be asked
collection: The estimated total annual respondents for the information or required to respond, as well as a brief
cost burden associated with this collection Form I–131A is 5,100 and the abstract: Primary: Business or other for-
collection of information is estimated hour burden per response is profit; Not-for-profit institutions. The
$146,072,480. 0.837 hours; biometrics processing is information collected on this form will
5,100 and the estimated hour burden be used by USCIS to determine
USCIS Form I–131A eligibility for the requested immigration
per response is 1.17 hours.
DHS and USCIS invite the general (6) An estimate of the total public benefits under section 203(b)(1),
public and other Federal agencies to burden (in hours) associated with the 203(b)(2), or 203(b)(3) of the
comment on the impact to the proposed collection: The total estimated annual Immigration and Nationality Act.
collection of information. In accordance hour burden associated with this (5) An estimate of the total number of
with the PRA, the information collection is 10,236 hours. respondents and the amount of time
collection notice is published in the (7) An estimate of the total public estimated for an average respondent to
Federal Register to obtain comments burden (in cost) associated with the respond: The estimated total number of
regarding the proposed edits to the collection: The estimated total annual respondents for the information
information collection instrument. cost burden associated with this collection Form I–140 is 143,000 and
Comments are encouraged and will be collection of information is $919,275. the estimated hour burden per response
accepted for 60 days from the is 0.897 hours.
publication date of the proposed rule. USCIS Form I–140 (6) An estimate of the total public
All submissions received must include DHS and USCIS invite the general burden (in hours) associated with the
the OMB Control Number 1615–0135 in public and other Federal agencies to collection: The total estimated annual
the body of the letter and the agency comment on the impact to the proposed hour burden associated with this
name. Comments on this information collection of information. In accordance collection is 128,223 hours.
(7) An estimate of the total public respond: The estimated total number of (4) Affected public who will be asked
burden (in cost) associated with the respondents for the information or required to respond, as well as a brief
collection: The estimated total annual collection Form I–191 is 116 and the abstract: Primary: Individuals or
cost burden associated with this estimated hour burden per response is households. The data collected will be
collection of information is $62,598,250. 1.567 hours. used by CBP and USCIS to determine
(6) An estimate of the total public whether the applicant is eligible to enter
USCIS Form I–191 the United States temporarily under the
DHS and USCIS invite the general collection: The total estimated annual provisions of section 212(d)(3),
public and other Federal agencies to hour burden associated with this 212(d)(13), and 212(d)(14) of the INA.
comment on the impact to the proposed collection is 182 hours. The respondents for this information
collection of information. In accordance (7) An estimate of the total public collection are certain inadmissible
with the PRA, the information burden (in cost) associated with the nonimmigrant aliens who wish to apply
collection notice is published in the collection: The estimated total annual for permission to enter the United States
Federal Register to obtain comments cost burden associated with this and applicants for T nonimmigrant
regarding the proposed edits to the collection of information is $59,740. status or petitioners for U nonimmigrant
information collection instrument. status. CBP has developed an electronic
Comments are encouraged and will be USCIS Form I–192 filing system, called Electronic Secured
accepted for 60 days from the DHS and USCIS invite the general Adjudication Forms Environment (e-
publication date of the proposed rule. public and other Federal agencies to SAFE), through which Form I–192 can
All submissions received must include comment on the impact to the proposed be submitted when filed with CBP.
the OMB Control Number 1615–0016 in collection of information. In accordance (5) An estimate of the total number of
the body of the letter and the agency with the PRA, the information respondents and the amount of time
name. Comments on this information collection notice is published in the estimated for an average respondent to
collection should address one or more Federal Register to obtain comments respond: The estimated total number of
of the following four points: regarding the proposed edits to the respondents for the information
(1) Evaluate whether the collection of information collection instrument. collection Form I–192 is 61,050 and the
information is necessary for the proper Comments are encouraged and will be estimated hour burden per response is
performance of the functions of the accepted for 60 days from the 1.317 hours; the estimated total number
agency including whether the publication date of the proposed rule. of respondents for the information
information will have practical utility; All submissions received must include collection e-SAFE is 7,000 and the
(2) Evaluate the accuracy of the the OMB Control Number 1615–0017 in estimated hour burden per response is
agency’s estimate of the burden of the the body of the letter and the agency 1.25 hours.
collection of information including the name. Comments on this information (6) An estimate of the total public
validity of the methodology and collection should address one or more burden (in hours) associated with the
assumptions used; of the following four points: collection: The total estimated annual
(3) Enhance the quality, utility, and (1) Evaluate whether the collection of hour burden associated with this
clarity of the information to be information is necessary for the proper collection is 89,153 hours.
collected; and performance of the functions of the (7) An estimate of the total public
(4) Minimize the burden of the burden (in cost) associated with the
agency including whether the
collection of information on those who collection: The estimated total annual
information will have practical utility;
are to respond including through the cost burden associated with this
(2) Evaluate the accuracy of the
use of appropriate automated, collection of information is $17,522,875.
agency’s estimate of the burden of the
collection of information including the USCIS Form I–212
submission of responses. (3) Enhance the quality, utility, and comment on the impact to the proposed
Overview of information collection: clarity of the information to be collection of information. In accordance
(1) Type of Information Collection: collected; and with the PRA, the information
Revision of a Currently Approved (4) Minimize the burden of the collection notice is published in the
Collection. collection of information on those who Federal Register to obtain comments
(2) Title of the Form/Collection: are to respond including through the regarding the proposed edits to the
Application for Relief Under Former use of appropriate automated, information collection instrument.
Section 212(c) of the Immigration and electronic, mechanical, or other Comments are encouraged and will be
Nationality Act. technological collection techniques or accepted for 60 days from the
(3) Agency form number, if any, and other forms of information technology, publication date of the proposed rule.
the applicable component of DHS for example, permitting electronic All submissions received must include
sponsoring the collection: I–191; USCIS. submission of responses. the OMB Control Number 1615–0018 in
(4) Affected public who will be asked Overview of information collection: the body of the letter and the agency
or required to respond, as well as a brief (1) Type of Information Collection: name. Comments on this information
abstract: Primary: Individuals or Revision of a Currently Approved collection should address one or more
households. USCIS and EOIR use the Collection. of the following four points:
information on the form to properly (2) Title of the Form/Collection: (1) Evaluate whether the collection of
assess and determine whether the Application for Advance Permission to information is necessary for the proper
applicant is eligible for a waiver under Enter as Nonimmigrant (Pursuant to performance of the functions of the
former section 212(c) of INA. Section 212(d)(3)(A)(ii) of the INA). agency including whether the
(5) An estimate of the total number of (3) Agency form number, if any, and information will have practical utility;
respondents and the amount of time the applicable component of DHS (2) Evaluate the accuracy of the
estimated for an average respondent to sponsoring the collection: I–192; USCIS. agency’s estimate of the burden of the
collection of information including the USCIS Form I–290B I–290B can also be filed with ICE by
validity of the methodology and DHS and USCIS invite the general schools appealing decisions on Form I–
assumptions used; public and other Federal agencies to 17 filings for certification to ICE’s
(3) Enhance the quality, utility, and comment on the impact to the proposed Student and Exchange Visitor Program
clarity of the information to be collection of information. In accordance (SEVP).
collected; and (5) An estimate of the total number of
with the PRA, the information
(4) Minimize the burden of the respondents and the amount of time
collection notice is published in the
collection of information on those who estimated for an average respondent to
Federal Register to obtain comments
are to respond including through the respond: The estimated total number of
regarding the proposed edits to the
use of appropriate automated, respondents for the information
information collection instrument.
electronic, mechanical, or other Comments are encouraged and will be collection Form I–290B is 28,000 and
technological collection techniques or accepted for 60 days from the the estimated hour burden per response
other forms of information technology, publication date of the proposed rule. is 1.317 hours.
for example, permitting electronic (6) An estimate of the total public
All submissions received must include
submission of responses. burden (in hours) associated with the
the OMB Control Number 1615–0095 in
Overview of information collection: collection: The total estimated annual
the body of the letter and the agency
(1) Type of Information Collection: hour burden associated with this
Revision of a Currently Approved collection is 36,876 hours.
collection should address one or more (7) An estimate of the total public
Collection. of the following four points:
(2) Title of the Form/Collection: burden (in cost) associated with the
(1) Evaluate whether the collection of collection: The estimated total annual
Application for Permission to Reapply information is necessary for the proper
for Admission into the United States cost burden associated with this
performance of the functions of the collection of information is $8,652,000.
After Deportation or Removal. agency including whether the
(3) Agency form number, if any, and information will have practical utility; USCIS Form I–360
the applicable component of DHS (2) Evaluate the accuracy of the DHS and USCIS invite the general
sponsoring the collection: I–212; USCIS. agency’s estimate of the burden of the public and other Federal agencies to
(4) Affected public who will be asked collection of information including the comment on the impact to the proposed
or required to respond, as well as a brief validity of the methodology and collection of information. In accordance
abstract: Primary: Individuals or assumptions used; with the PRA, the information
households. USCIS uses the data (3) Enhance the quality, utility, and collection notice is published in the
collected on Form I–212 to determine clarity of the information to be Federal Register to obtain comments
whether an alien is eligible for and collected; and regarding the proposed edits to the
should be granted the benefit of consent (4) Minimize the burden of the information collection instrument.
to reapply for admission into the United collection of information on those who Comments are encouraged and will be
States. This form standardizes requests are to respond including through the accepted for 60 days from the
for consent to reapply and its data use of appropriate automated, publication date of the proposed rule.
collection requirements ensure that, electronic, mechanical, or other All submissions received must include
when filing the application, the alien technological collection techniques or the OMB Control Number 1615–0020 in
provides the basic information that is other forms of information technology, the body of the letter and the agency
required to assess eligibility for consent for example, permitting electronic name. Comments on this information
to reapply. submission of responses. collection should address one or more
(5) An estimate of the total number of Overview of information collection: of the following four points:
respondents and the amount of time (1) Type of Information Collection: (1) Evaluate whether the collection of
estimated for an average respondent to Revision of a Currently Approved information is necessary for the proper
respond: The estimated total number of Collection. performance of the functions of the
respondents for the information (2) Title of the Form/Collection: agency including whether the
collection Form I–212 paper filing is Notice of Appeal or Motion. information will have practical utility;
7,000 and the estimated hour burden (3) Agency form number, if any, and (2) Evaluate the accuracy of the
per response is 1.817 hours. The the applicable component of DHS agency’s estimate of the burden of the
estimated total number of respondents sponsoring the collection: I–290B; collection of information including the
for the information collection I–212 USCIS. validity of the methodology and
(online filing via CBP e-SAFE) is 1,200 (4) Affected public who will be asked assumptions used;
and the estimated hour burden per or required to respond, as well as a brief (3) Enhance the quality, utility, and
response is 1.817 hours. The estimated abstract: Primary: Individuals or clarity of the information to be
total number of respondents for the households. Form I–290B standardizes collected; and
information collection biometric requests for appeals and motions and (4) Minimize the burden of the
submission is 350 and the estimated ensures that the basic information collection of information on those who
hour burden per response is 1.17 hours. required to adjudicate appeals and are to respond including through the
(6) An estimate of the total public motions is provided by applicants and use of appropriate automated,
burden (in hours) associated with the petitioners, or their attorneys or electronic, mechanical, or other
collection: The total estimated annual representatives. USCIS uses the data technological collection techniques or
hour burden associated with this collected on Form I–290B to determine other forms of information technology,
collection is 15,309 hours. whether an applicant or petitioner is for example, permitting electronic
(7) An estimate of the total public eligible to file an appeal or motion, submission of responses.
burden (in cost) associated with the whether the requirements of an appeal Overview of information collection:
collection: The estimated total annual or motion have been met, and whether (1) Type of Information Collection:
cost burden associated with this the applicant or petitioner is eligible for Revision of a Currently Approved
collection of information is $370,650. the requested immigration benefit. Form Collection.
(2) Title of the Form/Collection: hour burden associated with this lawful permanent resident under INA
Petition for Amerasian, Widow(er), or collection is 38,307 hours. section 245(a). Supplement A to Form I–
Special Immigrant. (7) An estimate of the total public 485 is used by a subset of applicants
(3) Agency form number, if any, and burden (in cost) associated with the seeking to adjust status under INA
the applicable component of DHS collection: The estimated total annual section 245(i). Supplement J is used by
sponsoring the collection: I–360; USCIS. cost burden associated with this applicants whose adjustment of status is
(4) Affected public who will be asked collection of information is $2,287,320. based on an approved employment-
or required to respond, as well as a brief USCIS Form I–485; I–485A; I–485J based immigrant visa petition that
abstract: Primary: Individuals and requires a job offer.
households. The Form I–360 may be DHS and USCIS invite the general (5) An estimate of the total number of
used by an Amerasian; a widow or public and other Federal agencies to respondents and the amount of time
widower; a battered or abused spouse or comment on the impact to the proposed estimated for an average respondent to
child of a U.S. citizen or lawful collection of information. In accordance respond: The estimated total number of
permanent resident; a battered or with the PRA, the information respondents for the information
abused parent of a U.S. citizen son or collection notice is published in the collection Form I–485 is 690,837 and
daughter; or a special immigrant Federal Register to obtain comments the estimated hour burden per response
(religious worker, Panama Canal regarding the proposed edits to the is 7.087 hours; the estimated total
company employee, Canal Zone information collection instrument. number of respondents for the
government employee, U.S. Government Comments are encouraged and will be information collection Form I–485A is
employee in the Canal Zone; physician, accepted for 60 days from the 29,213 and the estimated hour burden
international organization employee or publication date of the proposed rule. per response is 1.067 hours; the
family member, juvenile court All submissions received must include estimated total number of respondents
dependent; armed forces member; the OMB Control Number 1615–0023 in for the information collection Form I–
Afghanistan or Iraq national who the body of the letter and the agency 485J is 37,358 and the estimated hour
supported the U.S. Armed Forces as a name. Comments on this information burden per response is 0.917; the
translator; Iraq national who worked for collection should address one or more estimated total number of respondents
the or on behalf of the U.S. Government of the following four points: for the information collection biometrics
in Iraq; or Afghan national who worked (1) Evaluate whether the collection of submission is 690,837 and the estimated
for or on behalf of the U.S. Government information is necessary for the proper hour burden per response is 1.17.
or the International Security Assistance performance of the functions of the (6) An estimate of the total public
Force [ISAF] in Afghanistan) who agency including whether the burden (in hours) associated with the
intend to establish their eligibility to information will have practical utility; collection: The total estimated annual
immigrate to the United States. The data hour burden associated with this
collected on this form is reviewed by collection is 5,700,585 hours.
collection of information including the
U.S. Citizenship and Immigration (7) An estimate of the total public
validity of the methodology and
Services (USCIS) to determine if the burden (in cost) associated with the
assumptions used;
petitioner may be qualified to obtain the (3) Enhance the quality, utility, and collection: The estimated total annual
benefit. The data collected on this form clarity of the information to be cost burden associated with this
will also be used to issue an collected; and collection of information is
employment authorization document (4) Minimize the burden of the $1,093,101,980.
upon approval of the petition for collection of information on those who USCIS Form I–539; I–539A
battered or abused spouses, children, are to respond including through the
and parents, if requested. use of appropriate automated, DHS and USCIS invite the general
(5) An estimate of the total number of electronic, mechanical, or other public and other Federal agencies to
respondents and the amount of time technological collection techniques or comment on the impact to the proposed
estimated for an average respondent to other forms of information technology, collection of information. In accordance
respond: The estimated total number of for example, permitting electronic with the PRA, the information
respondents for the information submission of responses. collection notice is published in the
collection Petition for Amerasian, Overview of information collection: Federal Register to obtain comments
Widower, or Special Immigration (Form (1) Type of Information Collection: regarding the proposed edits to the
I–360): Iraqi & Afghan Petitioners is Revision of a Currently Approved information collection instrument.
1,916 and the estimated hour burden Collection. Comments are encouraged and will be
per response is 2.917 hours; the (2) Title of the Form/Collection: accepted for 60 days from the
estimated total number of respondents Application to Register Permanent publication date of the proposed rule.
for the information collection Petition Residence or Adjust Status; Supplement All submissions received must include
for Amerasian, Widower, or Special A to Form I–485, Adjustment of Status the OMB Control Number 1615–0003 in
Immigration (Form I–360): Religious Under Section 245(i); Confirmation of the body of the letter and the agency
Workers is 2,393 and the estimated hour Bona Fide Job Offer or Request for Job name. Comments on this information
burden per response is 2.167 hours; the Portability Under INA Section 204(j). collection should address one or more
estimated total number of respondents (3) Agency form number, if any, and of the following four points:
for the information collection Petition the applicable component of DHS (1) Evaluate whether the collection of
for Amerasian, Widower, or Special sponsoring the collection: I–485; I– information is necessary for the proper
Immigration (Form I–360): All Others is 485A; I–485J; USCIS. performance of the functions of the
14,362 and the estimated hour burden (4) Affected public who will be asked agency including whether the
per response is 1.917 hours. or required to respond, as well as a brief information will have practical utility;
(6) An estimate of the total public abstract: Primary: Individuals or (2) Evaluate the accuracy of the
burden (in hours) associated with the households. Form I–485 is used by all agency’s estimate of the burden of the
collection: The total estimated annual applicants seeking to adjust status to collection of information including the
validity of the methodology and with the PRA, the information and following any such adjudication
assumptions used; collection notice is published in the informs DOS of the results by use of this
(3) Enhance the quality, utility, and Federal Register to obtain comments form. The information provided on this
clarity of the information to be regarding the proposed edits to the form continues to ensure effective
collected; and information collection instrument. interagency communication among the
(4) Minimize the burden of the Comments are encouraged and will be three governmental departments—the
collection of information on those who accepted for 60 days from the Department of Homeland Security
are to respond including through the publication date of the proposed rule. (DHS), DOS, and the Department of
use of appropriate automated, All submissions received must include Defense (DOD)—as well as with NATO/
electronic, mechanical, or other the OMB Control Number 1615–0027 in HQ SACT. These departments and
technological collection techniques or the body of the letter and the agency organizations utilize this form to
other forms of information technology, name. Comments on this information facilitate the uniform collection and
for example, permitting electronic collection should address one or more review of information necessary to
submission of responses. of the following four points: determine an alien’s eligibility for the
Overview of information collection: (1) Evaluate whether the collection of requested immigration benefit. This
(1) Type of Information Collection: information is necessary for the proper form also ensures that the information
Revision of a Currently Approved performance of the functions of the collected is communicated among DHS,
Collection. agency including whether the DOS, DOD, and NATO/HQ SACT
(2) Title of the Form/Collection: information will have practical utility; regarding each other’s findings or
Application to Extend/Change (2) Evaluate the accuracy of the actions.
Nonimmigrant Status; Supplement A to agency’s estimate of the burden of the (5) An estimate of the total number of
Form I–539A. collection of information including the respondents and the amount of time
(3) Agency form number, if any, and validity of the methodology and estimated for an average respondent to
the applicable component of DHS assumptions used; respond: The estimated total number of
sponsoring the collection: I–539; I– (3) Enhance the quality, utility, and respondents for the information
539A; USCIS. clarity of the information to be collection Form I–566 is 5,800 and the
(4) Affected public who will be asked collected; and estimated hour burden per response is
or required to respond, as well as a brief (4) Minimize the burden of the 1.337 hours.
abstract: Primary: Individuals and collection of information on those who (6) An estimate of the total public
households. This form is used by are to respond including through the burden (in hours) associated with the
nonimmigrants to apply for an use of appropriate automated, collection: The total estimated annual
extension of stay, for a change to electronic, mechanical, or other hour burden associated with this
another nonimmigrant classification, or technological collection techniques or collection is 7,755 hours.
to obtain V nonimmigrant classification. other forms of information technology, (7) An estimate of the total public
(5) An estimate of the total number of for example, permitting electronic burden (in cost) associated with the
respondents and the amount of time submission of responses. collection: The estimated total annual
estimated for an average respondent to Overview of information collection: cost burden associated with this
respond: The estimated total number of (1) Type of Information Collection: collection of information is $710,500.
respondents for the information Revision of a Currently Approved
collection Form I–539 (paper) is 174,289 Collection. USCIS Form I–600; I–600A; Supplement
and the estimated hour burden per (2) Title of the Form/Collection: 1; Supplement 2; Supplement 3
response is 1.817 hours, the estimated Interagency Record of Request—A, G or DHS and USCIS invite the general
total number of respondents for the NATO Dependent Employment public and other Federal agencies to
information collection I–539 (electronic) Authorization or Change/Adjustment to/ comment on the impact to the proposed
is 74,696 and the estimated hour burden from A, G or NATO Status. collection of information. In accordance
per response is 1.083 hours; and the (3) Agency form number, if any, and with the PRA, the information
estimated total number of respondents the applicable component of DHS collection notice is published in the
for the information collection I–539A is sponsoring the collection: I–566; USCIS. Federal Register to obtain comments
54,375 and the estimated hour burden (4) Affected public who will be asked regarding the proposed edits to the
per response is 0.5 hours; biometrics or required to respond, as well as a brief information collection instrument.
processing is 186,738 total respondents abstract: Primary: Individuals and Comments are encouraged and will be
requiring an estimated 1.17 hours per households. The data on this form is accepted for 60 days from the
response. used by Department of State (DOS) to publication date of the proposed rule.
(6) An estimate of the total public certify to USCIS eligibility of All submissions received must include
burden (in hours) associated with the dependents of A or G principals the OMB Control Number 1615–0028 in
collection: The total estimated annual requesting employment authorization, the body of the letter and the agency
hour burden associated with this as well as for NATO/Headquarters, name. Comments on this information
collection is 643,250 hours. Supreme Allied Commander collection should address one or more
(7) An estimate of the total public Transformation (NATO/HQ SACT) to of the following four points:
burden (in cost) associated with the certify to USCIS similar eligibility for (1) Evaluate whether the collection of
collection: The estimated total annual dependents of NATO principals. DOS information is necessary for the proper
cost burden associated with this also uses this form to certify to USCIS performance of the functions of the
collection of information is $42,700,928. that certain A, G, or NATO agency including whether the
nonimmigrants may change their status information will have practical utility;
USCIS Form I–566 to another nonimmigrant status. USCIS, (2) Evaluate the accuracy of the
DHS and USCIS invite the general on the other hand, uses data on this agency’s estimate of the burden of the
public and other Federal agencies to form in the adjudication of change or collection of information including the
comment on the impact to the proposed adjustment of status applications from validity of the methodology and
collection of information. In accordance aliens in A, G, or NATO classifications assumptions used;
(3) Enhance the quality, utility, and information collection. Form I–600A/I– collection notice is published in the
clarity of the information to be 600 Supplement 3 is a form that Federal Register to obtain comments
collected; and prospective/adoptive parents must use regarding the proposed edits to the
(4) Minimize the burden of the if they need to request action such as an information collection instrument.
collection of information on those who extended suitability determination; Comments are encouraged and will be
are to respond including through the updated suitability determination based accepted for 60 days from the
use of appropriate automated, upon a significant change in their publication date of the proposed rule.
electronic, mechanical, or other circumstances or change in the number All submissions received must include
technological collection techniques or or characteristics of the children they the OMB Control Number 1615–0029 in
other forms of information technology, intend to adopt or a change in their the body of the letter and the agency
for example, permitting electronic intended country of adoption; or a name. Comments on this information
submission of responses. request for a duplicate notice of their collection should address one or more
Overview of information collection: approved Form I–600A suitability of the following four points:
(1) Type of Information Collection: determination. (1) Evaluate whether the collection of
Revision of a Currently Approved (5) An estimate of the total number of information is necessary for the proper
Collection. respondents and the amount of time performance of the functions of the
(2) Title of the Form/Collection: estimated for an average respondent to agency including whether the
Petition to Classify Orphan as an respond: The estimated total number of information will have practical utility;
Immediate Relative; Application for respondents for the information (2) Evaluate the accuracy of the
Advance Processing of an Orphan collection Form I–600 is 1,200 and the agency’s estimate of the burden of the
Petition; Supplement 1, Listing of an estimated hour burden per response is collection of information including the
Adult Member of the Household; 0.817 hours; the estimated total number validity of the methodology and
Supplement 2, Consent to Disclose of respondents for the information assumptions used;
Information; and Supplement 3, Request collection Form I–600A is 2,000 and the (3) Enhance the quality, utility, and
for Action on Approved Form I–600A/ estimated hour burden per response is clarity of the information to be
I–600. 0.817 hours; the estimated total number collected; and
(3) Agency form number, if any, and of respondents for the information (4) Minimize the burden of the
the applicable component of DHS collection Form I–600/I–600A collection of information on those who
sponsoring the collection: Form I–600, Supplement 1 is 301 and the estimated are to respond including through the
Form I–600A, Form I–600A/I–600 hour burden per response is 1 hour; the use of appropriate automated,
Supplement 1, Form I–600A/I–600 estimated total number of respondents electronic, mechanical, or other
Supplement 2, Form I–600A/I–600 for the information collection Form I– technological collection techniques or
Supplement 3; USCIS. 600/I–600A Supplement 2 is 1,260 and other forms of information technology,
(4) Affected public who will be asked the estimated hour burden per response for example, permitting electronic
or required to respond, as well as a brief is 0.25 hours; the estimated total submission of responses.
abstract: Primary: Individuals or number of respondents for the Overview of information collection:
households. A U.S. citizen adoptive information collection Form I–600/I– (1) Type of Information Collection:
parent may file a petition to classify an 600A Supplement 3 is 1,286 and the Revision of a Currently Approved
orphan as an immediate relative through estimated hour burden per response is Collection.
Form I–600 under section 101(b)(1)(F) of 1 hours; the estimated total number of (2) Title of the Form/Collection:
the INA. A U.S. citizen prospective respondents for the Home Study Application for Waiver of Grounds of
adoptive parent may file Form I–600A information collection is 2,500 and the Inadmissibility.
in advance of the Form I–600 filing and estimated hour burden per response is (3) Agency form number, if any, and
USCIS will determine the prospective 25 hours; the estimated total number of the applicable component of DHS
adoptive parent’s eligibility to file Form respondents for the Biometrics sponsoring the collection: I–601; USCIS.
I–600A and their suitability and information collection is 2,520 and the (4) Affected public who will be asked
eligibility to properly parent an orphan. estimated hour burden per response is or required to respond, as well as a brief
If there are other adult members of the 1.17 hours; the estimated total number abstract: Primary: Individuals and
U.S. citizen prospective/adoptive of respondents for the Biometrics—DNA households. Form I–601 is necessary for
parent’s household, as defined at 8 CFR information collection is 2 and the USCIS to determine whether the
204.301, the prospective/adoptive estimated hour burden per response is applicant is eligible for a waiver of
parent must include Form I–600A/I–600 6 hours. inadmissibility under section 212 of the
Supplement 1 when filing both Form I– (6) An estimate of the total public Act. Furthermore, this information
600A and Form I–600. A Form I–600A/ burden (in hours) associated with the collection is used by individuals who
I–600 Supplement 2, Consent to collection: The total estimated annual are seeking Temporary Protected Status
Disclose Information, is an optional hour burden associated with this (TPS).
form that a U.S. citizen prospective/ collection is 69,977 hours. (5) An estimate of the total number of
adoptive parent may file to authorize (7) An estimate of the total public respondents and the amount of time
USCIS to disclose case-related burden (in cost) associated with the estimated for an average respondent to
information that would otherwise be collection: The estimated total annual respond: The estimated total number of
protected under the Privacy Act, 5 cost burden associated with this respondents for the information
U.S.C. 552a, to adoption service collection of information is $7,759,232. collection Form I–601 is 17,000 and the
providers or other individuals. Form I– estimated hour burden per response is
600A/I–600 authorized disclosures will USCIS Form I–601 1.567 hours.
assist USCIS in the adjudication of DHS and USCIS invite the general (6) An estimate of the total public
Forms I–600A and I–600. USCIS has public and other Federal agencies to burden (in hours) associated with the
created a new Form I–600A/I–600 comment on the impact to the proposed collection: The total estimated annual
Supplement 3, Request for Action on collection of information. In accordance hour burden associated with this
Approved Form I–600A/I–600, for this with the PRA, the information collection is 26,639 hours.
(7) An estimate of the total public of the Act, which allows the Secretary (3) Enhance the quality, utility, and
burden (in cost) associated with the of Homeland Security to exercise clarity of the information to be
collection: The estimated total annual discretion to waive the unlawful collected; and
cost burden associated with this presence grounds of inadmissibility on (4) Minimize the burden of the
collection of information is $6,311,250. a case-by-case basis. The information collection of information on those who
collected from an applicant on an are to respond including through the
USCIS Form I–601A Application for Provisional Unlawful use of appropriate automated,
DHS and USCIS invite the general Presence Waiver of Inadmissibility, electronic, mechanical, or other
public and other Federal agencies to Form I–601A, is necessary for U.S. technological collection techniques or
comment on the impact to the proposed Citizenship and Immigration Services other forms of information technology,
collection of information. In accordance (USCIS) to determine not only whether for example, permitting electronic
with the PRA, the information the applicant meets the requirements to submission of responses.
collection notice is published in the participate in the streamlined waiver Overview of information collection:
Federal Register to obtain comments process provided by regulation, but also (1) Type of Information Collection:
regarding the proposed edits to the whether the applicant is eligible to Revision of a Currently Approved
information collection instrument. receive the provisional unlawful Collection.
Comments are encouraged and will be presence waiver. (2) Title of the Form/Collection:
accepted for 60 days from the (5) An estimate of the total number of Application by Refugee for Waiver of
publication date of the proposed rule. respondents and the amount of time Grounds of Excludability.
All submissions received must include estimated for an average respondent to (3) Agency form number, if any, and
the OMB Control Number 1615–0123 in respond: The estimated total number of the applicable component of DHS
the body of the letter and the agency respondents for the information sponsoring the collection: I–602; USCIS.
name. Comments on this information collection Form I–601A is 63,000 and (4) Affected public who will be asked
collection should address one or more the estimated hour burden per response or required to respond, as well as a brief
of the following four points: is 1.317 hours: the estimated total abstract: Primary: Individuals and
(1) Evaluate whether the collection of number of respondents for the households. The data collected on the
information is necessary for the proper collection of biometrics is 63,000 and Application by Refugee for Waiver of
performance of the functions of the the estimated hour burden per response Inadmissibility Grounds, Form I–602,
agency including whether the is 1.17 hours. will be used by USCIS to determine
information will have practical utility; (6) An estimate of the total public
eligibility for waivers, and to report to
(2) Evaluate the accuracy of the burden (in hours) associated with the
Congress the reasons for granting
agency’s estimate of the burden of the collection: The total estimated annual
waivers.
collection of information including the hour burden associated with this
validity of the methodology and (5) An estimate of the total number of
collection is 156,681 hours.
assumptions used; (7) An estimate of the total public respondents and the amount of time
(3) Enhance the quality, utility, and burden (in cost) associated with the estimated for an average respondent to
clarity of the information to be collection: The estimated total annual respond: The estimated total number of
collected; and cost burden associated with this respondents for the information
(4) Minimize the burden of the collection of information is $3,212,390. collection Form I–602 is 240 and the
collection of information on those who estimated hour burden per response is
are to respond including through the USCIS Form I–602 7.917 hours.
use of appropriate automated, DHS and USCIS invite the general (6) An estimate of the total public
electronic, mechanical, or other public and other Federal agencies to burden (in hours) associated with the
technological collection techniques or comment on the impact to the proposed collection: The total estimated annual
other forms of information technology, collection of information. In accordance hour burden associated with this
for example, permitting electronic with the PRA, the information collection is 1,900 hours.
submission of responses. collection notice is published in the (7) An estimate of the total public
Overview of information collection: Federal Register to obtain comments burden (in cost) associated with the
(1) Type of Information Collection: regarding the proposed edits to the collection: The estimated total annual
Revision of a Currently Approved information collection instrument. cost burden associated with this
Collection. Comments are encouraged and will be collection of information is $30,900.
(2) Title of the Form/Collection: accepted for 60 days from the USCIS Form I–612
Application for Provisional Unlawful publication date of the proposed rule.
Presence Waiver. All submissions received must include DHS and USCIS invite the general
(3) Agency form number, if any, and the OMB Control Number 1615–0069 in public and other Federal agencies to
the applicable component of DHS the body of the letter and the agency comment on the impact to the proposed
sponsoring the collection: I–601A; name. Comments on this information collection of information. In accordance
USCIS. collection should address one or more with the PRA, the information
(4) Affected public who will be asked of the following four points: collection notice is published in the
or required to respond, as well as a brief (1) Evaluate whether the collection of Federal Register to obtain comments
abstract: Primary: Individuals and information is necessary for the proper regarding the proposed edits to the
households. Section 212(a)(9)(B)(i)(I) performance of the functions of the information collection instrument.
and (II) of the Immigration and agency including whether the Comments are encouraged and will be
Nationality Act (INA or the Act) information will have practical utility; accepted for 60 days from the
provides for the inadmissibility of (2) Evaluate the accuracy of the publication date of the proposed rule.
certain individuals who have accrued agency’s estimate of the burden of the All submissions received must include
unlawful presence in the United States. collection of information including the the OMB Control Number 1615–0030 in
There is also a waiver provision validity of the methodology and the body of the letter and the agency
incorporated into section 212(a)(9)(B)(v) assumptions used; name. Comments on this information
collection should address one or more collection: The total estimated annual sections 210 or 245A who are
of the following four points: hour burden associated with this inadmissible under certain grounds of
(1) Evaluate whether the collection of collection is 1,080 hours. inadmissibility at INA section 212(a)
information is necessary for the proper (7) An estimate of the total public would use Form I–690 to seek a waiver
performance of the functions of the burden (in cost) associated with the of inadmissibility. USCIS uses the
agency including whether the collection: The estimated total annual information provided through Form I–
information will have practical utility; cost burden associated with this 690 to adjudicate waiver requests from
(2) Evaluate the accuracy of the collection of information is $882,000. individuals who are inadmissible to the
agency’s estimate of the burden of the United States. Based upon the
collection of information including the USCIS Form I–690; Supplement A
instructions provided, a respondent can
validity of the methodology and DHS and USCIS invite the general gather and submit the required
assumptions used; public and other Federal agencies to documentation to USCIS for
(3) Enhance the quality, utility, and comment on the impact to the proposed consideration of an inadmissibility
clarity of the information to be collection of information. In accordance waiver.
collected; and with the PRA, the information (5) An estimate of the total number of
(4) Minimize the burden of the collection notice is published in the respondents and the amount of time
collection of information on those who Federal Register to obtain comments estimated for an average respondent to
are to respond including through the regarding the proposed edits to the respond: The estimated total number of
use of appropriate automated, information collection instrument. respondents for the information
electronic, mechanical, or other Comments are encouraged and will be collection Form I–690 is 30 and the
technological collection techniques or accepted for 60 days from the estimated hour burden per response is
other forms of information technology, publication date of the proposed rule. 2.817 hours; the estimated total number
for example, permitting electronic All submissions received must include of respondents for the information
submission of responses. the OMB Control Number 1615–0032 in collection Supplement A is 11 and the
Overview of information collection: the body of the letter and the agency estimated hour burden per response is
(1) Type of Information Collection: name. Comments on this information 2 hours.
Revision of a Currently Approved collection should address one or more (6) An estimate of the total public
Collection. of the following four points: burden (in hours) associated with the
(2) Title of the Form/Collection: (1) Evaluate whether the collection of collection: The total estimated annual
Application for Waiver of the Foreign information is necessary for the proper hour burden associated with this
Residence Requirement (Under Section performance of the functions of the collection is 107 hours.
212(e) of the INA, as Amended). agency including whether the (7) An estimate of the total public
(3) Agency form number, if any, and information will have practical utility; burden (in cost) associated with the
the applicable component of DHS (2) Evaluate the accuracy of the collection: The estimated total annual
sponsoring the collection: I–612; USCIS. agency’s estimate of the burden of the cost burden associated with this
(4) Affected public who will be asked collection of information including the collection of information is $4,523.
or required to respond, as well as a brief validity of the methodology and
abstract: Primary: Individuals and assumptions used; USCIS Form I–698
households. This information collection (3) Enhance the quality, utility, and DHS and USCIS invite the general
is necessary and may be submitted only clarity of the information to be public and other Federal agencies to
by an alien who believes that collected; and comment on the impact to the proposed
compliance with foreign residence (4) Minimize the burden of the collection of information. In accordance
requirements would impose exceptional collection of information on those who with the PRA, the information
hardship on his or her spouse or child are to respond including through the collection notice is published in the
who is a citizen of the United States, or use of appropriate automated, Federal Register to obtain comments
a lawful permanent resident; or that electronic, mechanical, or other regarding the proposed edits to the
returning to the country of his or her technological collection techniques or information collection instrument.
nationality or last permanent residence other forms of information technology, Comments are encouraged and will be
would subject him or her to persecution for example, permitting electronic accepted for 60 days from the
on account of race, religion, or political submission of responses. publication date of the proposed rule.
opinion. Certain aliens admitted to the Overview of information collection: All submissions received must include
United States as exchange visitors are (1) Type of Information Collection: the OMB Control Number 1615–0035 in
subject to the foreign residence Revision of a Currently Approved the body of the letter and the agency
requirements of section 212(e) of the Collection. name. Comments on this information
Immigration and Nationality Act (the (2) Title of the Form/Collection: collection should address one or more
Act). Section 212(e) of the Act also Application for Waiver of Grounds of of the following four points:
provides for a waiver of the foreign Inadmissibility; Supplement A: (1) Evaluate whether the collection of
residence requirements in certain Applicants with a Class A Tuberculosis information is necessary for the proper
instances. Condition (As Defined by HHS performance of the functions of the
(5) An estimate of the total number of Regulations). agency including whether the
respondents and the amount of time (3) Agency form number, if any, and information will have practical utility;
estimated for an average respondent to the applicable component of DHS (2) Evaluate the accuracy of the
respond: The estimated total number of sponsoring the collection: I–690; agency’s estimate of the burden of the
respondents for the information Supplement A; USCIS. collection of information including the
collection Form I–612 is 7,200 and the (4) Affected public who will be asked validity of the methodology and
estimated hour burden per response is or required to respond, as well as a brief assumptions used;
0.15 hours. abstract: Primary: Individuals and (3) Enhance the quality, utility, and
(6) An estimate of the total public households. Applicants for lawful clarity of the information to be
burden (in hours) associated with the permanent residence under INA collected; and
(4) Minimize the burden of the (1) Evaluate whether the collection of USCIS Form I–765; I–765WS
collection of information on those who information is necessary for the proper DHS and USCIS invite the general
are to respond including through the performance of the functions of the public and other Federal agencies to
use of appropriate automated, agency including whether the comment on the impact to the proposed
electronic, mechanical, or other information will have practical utility; collection of information. In accordance
technological collection techniques or (2) Evaluate the accuracy of the with the PRA, the information
other forms of information technology, agency’s estimate of the burden of the collection notice is published in the
for example, permitting electronic collection of information including the Federal Register to obtain comments
submission of responses. validity of the methodology and regarding the proposed edits to the
Overview of information collection: assumptions used; information collection instrument.
(1) Type of Information Collection: (3) Enhance the quality, utility, and Comments are encouraged and will be
Revision of a Currently Approved clarity of the information to be accepted for 60 days from the
Collection. collected; and publication date of the proposed rule.
(2) Title of the Form/Collection: (4) Minimize the burden of the All submissions received must include
Application to Adjust Status from collection of information on those who the OMB Control Number 1615–0040 in
Temporary to Permanent Resident are to respond including through the the body of the letter and the agency
(Under Section 245A of the INA). use of appropriate automated, name. Comments on this information
(3) Agency form number, if any, and electronic, mechanical, or other collection should address one or more
the applicable component of DHS technological collection techniques or of the following four points:
sponsoring the collection: I–698; USCIS. other forms of information technology, (1) Evaluate whether the collection of
(4) Affected public who will be asked for example, permitting electronic information is necessary for the proper
or required to respond, as well as a brief submission of responses. performance of the functions of the
abstract: Primary: Individuals and Overview of information collection: agency including whether the
households. The data collected on Form (1) Type of Information Collection: information will have practical utility;
I–698 is used by USCIS to determine the Revision of a Currently Approved (2) Evaluate the accuracy of the
eligibility to adjust an applicant’s Collection. agency’s estimate of the burden of the
residence status. (2) Title of the Form/Collection: collection of information including the
(5) An estimate of the total number of Petition to Remove Conditions on validity of the methodology and
respondents and the amount of time Residence. assumptions used;
estimated for an average respondent to (3) Agency form number, if any, and (3) Enhance the quality, utility, and
respond: The estimated total number of the applicable component of DHS clarity of the information to be
respondents for the information sponsoring the collection: I–751; USCIS. collected; and
collection Form I–698 is 100 and the (4) Affected public who will be asked (4) Minimize the burden of the
estimated hour burden per response is or required to respond, as well as a brief collection of information on those who
1.067 hours; the estimated total number abstract: Primary: Individuals and are to respond including through the
of respondents for biometrics processing households. The information collected use of appropriate automated,
is 100 and the estimated hour burden on Form I–751 is used by U.S. electronic, mechanical, or other
per response is 1.17 hours. Citizenship and Immigration Services technological collection techniques or
(6) An estimate of the total public (USCIS) to verify the alien’s status and other forms of information technology,
burden (in hours) associated with the determine whether he or she is eligible for example, permitting electronic
collection: The total estimated annual to have the conditions on his or her submission of responses.
hour burden associated with this status removed. Form I–751 serves the Overview of information collection:
collection is 224 hours. purpose of standardizing requests for (1) Type of Information Collection:
(7) An estimate of the total public benefits and ensuring that basic Revision of a Currently Approved
burden (in cost) associated with the information required to assess eligibility Collection.
collection: The estimated total annual is provided by petitioners. (2) Title of the Form/Collection:
cost burden associated with this (5) An estimate of the total number of Application for Employment
collection of information is $49,000. respondents and the amount of time Authorization; I–765 Worksheet.
estimated for an average respondent to (3) Agency form number, if any, and
USCIS Form I–751 respond: The estimated total number of the applicable component of DHS
DHS and USCIS invite the general respondents for the information sponsoring the collection: I–765; I–
public and other Federal agencies to collection Form I–751 is 153,000 and 765WS; USCIS.
comment on the impact to the proposed the estimated hour burden per response (4) Affected public who will be asked
collection of information. In accordance is 4.387 hours; the estimated total or required to respond, as well as a brief
with the PRA, the information number of respondents for the abstract: Primary: Individuals or
collection notice is published in the information collection biometrics is households. USCIS uses Form I–765 to
Federal Register to obtain comments 306,000 and the estimated hour burden collect information needed to determine
regarding the proposed edits to the per response is 1.17 hours. if a noncitizen is eligible for an initial
information collection instrument. (6) An estimate of the total public EAD, a new replacement EAD, or a
Comments are encouraged and will be burden (in hours) associated with the subsequent EAD upon the expiration of
accepted for 60 days from the collection: The total estimated annual a previous EAD under the same
publication date of the proposed rule. hour burden associated with this eligibility category. Noncitizens in many
All submissions received must include collection is 1,029,231 hours. immigration statuses are required to
the OMB Control Number 1615–0038 in (7) An estimate of the total public possess an EAD as evidence of work
the body of the letter and the agency burden (in cost) associated with the authorization.
name. Comments on this information collection: The estimated total annual (5) An estimate of the total number of
collection should address one or more cost burden associated with this respondents and the amount of time
of the following four points: collection of information is $19,698,750. estimated for an average respondent to
respond: The estimated total number of use of appropriate automated, hour burden associated with this
respondents for the information electronic, mechanical, or other collection is 1,658 hours.
collection I–765 paper filing is technological collection techniques or (7) An estimate of the total public
1,830,347 and the estimated hour other forms of information technology, burden (in cost) associated with the
burden per response is 4.317 hours; the for example, permitting electronic collection: The estimated total annual
estimated total number of respondents submission of responses. cost burden associated with this
for the information collection I–765 Overview of information collection: collection of information is $87,500.
online filing is 455,653 and the (1) Type of Information Collection: USCIS Form I–817
estimated hour burden per response is Revision of a Currently Approved
4 hours; the estimated total number of Collection. DHS and USCIS invite the general
respondents for the information (2) Title of the Form/Collection: public and other Federal agencies to
collection I–765WS is 302,000 and the Application for Employment comment on the impact to the proposed
estimated hour burden per response is Authorization for Abused collection of information. In accordance
0.5 hours; the estimated total number of Nonimmigrant Spouse. with the PRA, the information
respondents for the information (3) Agency form number, if any, and collection notice is published in the
collection biometrics submission is the applicable component of DHS Federal Register to obtain comments
302,535 and the estimated hour burden sponsoring the collection: I–765V; regarding the proposed edits to the
per response is 1.17 hours; the USCIS. information collection instrument.
estimated total number of respondents (4) Affected public who will be asked Comments are encouraged and will be
for the information collection passport or required to respond, as well as a brief accepted for 60 days from the
photos is 2,286,000 and the estimated abstract: Primary: Individuals and publication date of the proposed rule.
hour burden per response is 0.5 hours. households. U.S. Citizenship and All submissions received must include
(6) An estimate of the total public Immigration Services (USCIS) will use the OMB Control Number 1615–0005 in
burden (in hours) associated with the Form I–765V, Application for the body of the letter and the agency
collection: The total estimated annual Employment Authorization for Abused name. Comments on this information
hour burden associated with this Nonimmigrant Spouse, to collect the collection should address one or more
collection is 11,372,186 hours. information that is necessary to of the following four points:
(7) An estimate of the total public (1) Evaluate whether the collection of
determine if the applicant is eligible for
burden (in cost) associated with the information is necessary for the proper
an initial EAD or renewal EAD as a
collection: The estimated total annual performance of the functions of the
qualifying abused nonimmigrant
cost burden associated with this agency including whether the
spouse. Aliens are required to possess
collection of information is information will have practical utility;
an EAD as evidence of work (2) Evaluate the accuracy of the
$400,895,820. authorization. To be authorized for agency’s estimate of the burden of the
USCIS Form I–765V employment, an alien must be lawfully collection of information including the
admitted for permanent residence or validity of the methodology and
DHS and USCIS invite the general
authorized to be so employed by the assumptions used;
public and other Federal agencies to
INA or under regulations issued by (3) Enhance the quality, utility, and
comment on the impact to the proposed
DHS. Pursuant to statutory or regulatory clarity of the information to be
collection of information. In accordance
authorization, certain classes of aliens collected; and
with the PRA, the information
are authorized to be employed in the (4) Minimize the burden of the
collection notice is published in the
United States without restrictions as to collection of information on those who
location or type of employment as a are to respond including through the
condition of their admission or use of appropriate automated,
Comments are encouraged and will be subsequent change to one of the electronic, mechanical, or other
accepted for 60 days from the indicated classes. USCIS may determine technological collection techniques or
publication date of the proposed rule. the validity period assigned to any other forms of information technology,
All submissions received must include document issued evidencing an alien’s for example, permitting electronic
the OMB Control Number 1615–0137 in authorization to work in the United submission of responses.
the body of the letter and the agency States. USCIS also collects biometric Overview of information collection:
name. Comments on this information information from EAD applicants to (1) Type of Information Collection:
collection should address one or more verify the applicant’s identity, check or Revision of a Currently Approved
of the following four points: update their background information, Collection.
(1) Evaluate whether the collection of and produce the EAD card. (2) Title of the Form/Collection:
information is necessary for the proper (5) An estimate of the total number of Application for Benefits Under the
performance of the functions of the respondents and the amount of time Family Unity Program Application.
agency including whether the estimated for an average respondent to (3) Agency form number, if any, and
information will have practical utility; respond: The estimated total number of the applicable component of DHS
(2) Evaluate the accuracy of the respondents for the information sponsoring the collection: I–817; USCIS.
agency’s estimate of the burden of the collection Form I–765V is 350 and the (4) Affected public who will be asked
collection of information including the estimated hour burden per response is or required to respond, as well as a brief
validity of the methodology and 3.567 hours; the estimated total number abstract: Primary: Individuals and
assumptions used; of respondents for the information households. The information collected
(3) Enhance the quality, utility, and collection biometric submission is 350 will be used to determine whether the
clarity of the information to be and the estimated hour burden per applicant meets the eligibility
collected; and response is 1.17 hours. requirements for benefits under 8 CFR
(4) Minimize the burden of the (6) An estimate of the total public 236.14 and 245a.33.
collection of information on those who burden (in hours) associated with the (5) An estimate of the total number of
are to respond including through the collection: The total estimated annual respondents and the amount of time
estimated for an average respondent to (3) Agency form number, if any, and (3) Enhance the quality, utility, and
respond: The estimated total number of the applicable component of DHS clarity of the information to be
respondents for the information sponsoring the collection: I–821; USCIS. collected; and
collection Form I–817 is 1,000 and the (4) Affected public who will be asked (4) Minimize the burden of the
estimated hour burden per response is or required to respond, as well as a brief collection of information on those who
1.817 hours; the estimated number of abstract: Primary: Individuals and are to respond including through the
respondents providing biometrics is households. Form I–821 used by USCIS use of appropriate automated,
1,000 and the estimated hour burden to gather information necessary to electronic, mechanical, or other
per response is 1.17 hours. determine if an applicant is eligible for technological collection techniques or
(6) An estimate of the total public Temporary Protected Status. other forms of information technology,
burden (in hours) associated with the (5) An estimate of the total number of for example, permitting electronic
collection: The total estimated annual respondents and the amount of time submission of responses.
hour burden associated with this Overview of information collection:
estimated for an average respondent to (1) Type of Information Collection:
collection is 2,987 hours. respond: The estimated total number of
(7) An estimate of the total public Revision of a Currently Approved
respondents for the information Collection.
burden (in cost) associated with the collection Form I–821 (paper filed) is
collection: The estimated total annual (2) Title of the Form/Collection:
453,600 and the estimated hour burden Consideration of Deferred Action for
cost burden associated with this per response is 2.227 hours; the
collection of information is $122,500. Childhood Arrivals.
estimated total number of respondents (3) Agency form number, if any, and
USCIS Form I–821 for the information collection Form I– the applicable component of DHS
821 (online filed) is 113,400 and the sponsoring the collection: Form I–821D;
DHS and USCIS invite the general estimated hour burden per response is
public and other Federal agencies to USCIS.
1.92 hours; the estimated total number (4) Affected public who will be asked
comment on the impact to the proposed of respondents for the information
collection of information. In accordance or required to respond, as well as a brief
collection Biometrics Submission is abstract: Primary: Individuals or
with the PRA, the information 567,000 and the estimated hour burden
collection notice is published in the households. As part of the
per response is 1.17 hours. administration of its programs, certain
(6) An estimate of the total public noncitizens may use this form to request
burden (in hours) associated with the that USCIS exercise its prosecutorial
collection: The total estimated annual discretion on a case-by-case basis to
Comments are encouraged and will be
hour burden associated with this defer action in their case.
accepted for 60 days from the
collection is 1,891,285 hours. (5) An estimate of the total number of
publication date of the proposed rule.
(7) An estimate of the total public respondents and the amount of time
burden (in cost) associated with the estimated for an average respondent to
the OMB Control Number 1615–0043 in
collection: The estimated total annual respond: The estimated total number of
the body of the letter and the agency
cost burden associated with this respondents for the information
collection of information is $69,457,500. collection I–821D Initial Request (paper)
collection should address one or more
is 112,254 and the estimated hour
of the following four points: USCIS Form I–821D burden per response is 2.817 hours. The
(1) Evaluate whether the collection of estimated total number of respondents
information is necessary for the proper DHS and USCIS invite the general
public and other Federal agencies to for the information collection I–821D
performance of the functions of the Renewal Request (paper) is 221,167 and
agency including whether the comment on the impact to the proposed
collection of information. In accordance the estimated hour burden per response
information will have practical utility; is 2.817 hours. The estimated total
(2) Evaluate the accuracy of the with the PRA, the information
collection notice is published in the number of respondents for the
agency’s estimate of the burden of the information collection I–821D Renewal
collection of information including the Federal Register to obtain comments
regarding the proposed edits to the Request (Online) is 55,292 and the
validity of the methodology and estimated hour burden per response is
assumptions used; information collection instrument.
Comments are encouraged and will be 2.482 hours. The estimated total number
(3) Enhance the quality, utility, and of respondents for the information
clarity of the information to be accepted for 60 days from the
publication date of the proposed rule. collection I–821D Biometrics
collected; and submission is 388,713 and the estimated
(4) Minimize the burden of the All submissions received must include
the OMB Control Number 1615–0124 in hour burden per response is 1.17 hours.
collection of information on those who (6) An estimate of the total public
are to respond including through the the body of the letter and the agency
name. Comments on this information burden (in hours) associated with the
use of appropriate automated, collection: The total estimated annual
electronic, mechanical, or other collection should address one or more
of the following four points: hour burden associated with this
technological collection techniques or collection is 1,531,259 hours.
other forms of information technology, (1) Evaluate whether the collection of (7) An estimate of the total public
for example, permitting electronic information is necessary for the proper burden (in cost) associated with the
submission of responses. performance of the functions of the collection: The estimated total annual
Overview of information collection: agency including whether the cost burden associated with this
(1) Type of Information Collection: information will have practical utility; collection of information is $33,040,605.
Revision of a Currently Approved (2) Evaluate the accuracy of the
Collection. agency’s estimate of the burden of the USCIS Form I–824
(2) Title of the Form/Collection: collection of information including the DHS and USCIS invite the general
Application for Temporary Protected validity of the methodology and public and other Federal agencies to
Status. assumptions used; comment on the impact to the proposed
collection of information. In accordance hour burden associated with this Justice (DOJ), EOIR immigration judges,
with the PRA, the information collection is 2,505 hours. and Board of Immigration Appeals
collection notice is published in the (7) An estimate of the total public board members. The Form I–881 is used
Federal Register to obtain comments burden (in cost) associated with the to determine eligibility for suspension
regarding the proposed edits to the collection: The estimated total annual of deportation or special rule
information collection instrument. cost burden associated with this cancellation of removal under Section
Comments are encouraged and will be collection of information is $1,361,016. 203 of NACARA. The form serves the
accepted for 60 days from the USCIS Form I–881 purpose of standardizing requests for
publication date of the proposed rule. the benefits and ensuring that basic
All submissions received must include DHS and USCIS invite the general information required for assessing
the OMB Control Number 1615–0044 in public and other Federal agencies to eligibility is provided by the applicants.
the body of the letter and the agency comment on the impact to the proposed (5) An estimate of the total number of
name. Comments on this information collection of information. In accordance respondents and the amount of time
collection should address one or more with the PRA, the information estimated for an average respondent to
of the following four points: collection notice is published in the respond: The estimated total number of
(1) Evaluate whether the collection of Federal Register to obtain comments respondents for the information
information is necessary for the proper regarding the proposed edits to the collection Form I–881 is 520 and the
performance of the functions of the information collection instrument. estimated hour burden per response is
agency including whether the Comments are encouraged and will be 11.817 hours; the estimated total
information will have practical utility; accepted for 60 days from the number of respondents for the
(2) Evaluate the accuracy of the publication date of the proposed rule. information collection Biometrics
agency’s estimate of the burden of the All submissions received must include Submission is 858 and the estimated
collection of information including the the OMB Control Number 1615–0072 in hour burden per response is 1.17 hours.
validity of the methodology and the body of the letter and the agency (6) An estimate of the total public
assumptions used; name. Comments on this information burden (in hours) associated with the
(3) Enhance the quality, utility, and collection should address one or more collection: The total estimated annual
clarity of the information to be of the following four points: hour burden associated with this
collected; and (1) Evaluate whether the collection of collection is 7,149 hours.
(4) Minimize the burden of the information is necessary for the proper (7) An estimate of the total public
collection of information on those who performance of the functions of the burden (in cost) associated with the
are to respond including through the agency including whether the collection: The estimated total annual
use of appropriate automated, information will have practical utility; cost burden associated with this
(2) Evaluate the accuracy of the collection of information is $258,505.
technological collection techniques or USCIS Form I–90
submission of responses. (3) Enhance the quality, utility, and comment on the impact to the proposed
Overview of information collection: clarity of the information to be collection of information. In accordance
(1) Type of Information Collection: collected; and with the PRA, the information
Revision of a Currently Approved (4) Minimize the burden of the collection notice is published in the
Collection. collection of information on those who Federal Register to obtain comments
(2) Title of the Form/Collection: are to respond including through the regarding the proposed edits to the
Application for Action on an Approved use of appropriate automated, information collection instrument.
Application. electronic, mechanical, or other Comments are encouraged and will be
(3) Agency form number, if any, and technological collection techniques or accepted for 60 days from the
the applicable component of DHS other forms of information technology, publication date of the proposed rule.
sponsoring the collection: I–824; USCIS. for example, permitting electronic All submissions received must include
(4) Affected public who will be asked submission of responses. the OMB Control Number 1615–0082 in
or required to respond, as well as a brief OVERVIEW OF INFORMATION COLLECTION: the body of the letter and the agency
abstract: Primary: Individuals and (1) Type of Information Collection: name. Comments on this information
households. This information collection Revision of a Currently Approved collection should address one or more
is used to request a duplicate approval Collection. of the following four points:
notice, as well as to notify and to verify (2) Title of the Form/Collection: (1) Evaluate whether the collection of
with the U.S. Consulate that a petition Application for Suspension of information is necessary for the proper
has been approved or that a person has Deportation or Special Rule performance of the functions of the
been adjusted to permanent resident Cancellation of Removal (Pursuant to agency including whether the
status. Sec. 203 of Pub. L. 105–100). information will have practical utility;
(5) An estimate of the total number of (3) Agency form number, if any, and (2) Evaluate the accuracy of the
respondents and the amount of time the applicable component of DHS agency’s estimate of the burden of the
estimated for an average respondent to sponsoring the collection: I–881; USCIS. collection of information including the
respond: The estimated total number of (4) Affected public who will be asked validity of the methodology and
respondents for the information or required to respond, as well as a brief assumptions used;
collection Form I–824 is 10,571 and the abstract: Primary: Individuals and (3) Enhance the quality, utility, and
estimated hour burden per response is households. The data collected on the clarity of the information to be
0.237 hours. Form I–881 is used by Department of collected; and
(6) An estimate of the total public Homeland Security (DHS), U.S. (4) Minimize the burden of the
burden (in hours) associated with the Citizenship and Immigration Services collection of information on those who
collection: The total estimated annual (USCIS) asylum officers, Department of are to respond including through the
use of appropriate automated, collection should address one or more comment on the impact to the proposed
electronic, mechanical, or other of the following four points: collection of information. In accordance
technological collection techniques or (1) Evaluate whether the collection of with the PRA, the information
other forms of information technology, information is necessary for the proper collection notice is published in the
for example, permitting electronic performance of the functions of the Federal Register to obtain comments
submission of responses. agency including whether the regarding the proposed edits to the
Overview of information collection: information will have practical utility; information collection instrument.
(1) Type of Information Collection: (2) Evaluate the accuracy of the Comments are encouraged and will be
Revision of a Currently Approved agency’s estimate of the burden of the accepted for 60 days from the
Collection. collection of information including the publication date of the proposed rule.
(2) Title of the Form/Collection: validity of the methodology and All submissions received must include
Application to Replace Permanent assumptions used; the OMB Control Number 1615–0114 in
Resident Card. (3) Enhance the quality, utility, and the body of the letter and the agency
(3) Agency form number, if any, and clarity of the information to be name. Comments on this information
the applicable component of DHS collected; and collection should address one or more
sponsoring the collection: I–90; USCIS. (4) Minimize the burden of the of the following four points:
(4) Affected public who will be asked collection of information on those who (1) Evaluate whether the collection of
or required to respond, as well as a brief are to respond including through the information is necessary for the proper
abstract: Primary: Individuals and use of appropriate automated, performance of the functions of the
households. Form I–90 is used by electronic, mechanical, or other agency including whether the
USCIS to determine eligibility to replace technological collection techniques or information will have practical utility;
a Lawful Permanent Resident Card. other forms of information technology, (2) Evaluate the accuracy of the
(5) An estimate of the total number of for example, permitting electronic agency’s estimate of the burden of the
respondents and the amount of time submission of responses. collection of information including the
Overview of information collection: validity of the methodology and
(1) Type of Information Collection: assumptions used;
respond: The estimated total number of
Revision of a Currently Approved (3) Enhance the quality, utility, and
respondents for the information
Collection. clarity of the information to be
collection Form I–90 (paper filed) is (2) Title of the Form/Collection:
444,601 and the estimated hour burden collected; and
per response is 1.817 hours; the (4) Minimize the burden of the
Service.
estimated total number of respondents collection of information on those who
(3) Agency form number, if any, and
for the information collection I–90 are to respond including through the
(electronic) is 296,400 and the estimated use of appropriate automated,
sponsoring the collection: I–907; USCIS.
hour burden per response is 1.59 hours; (4) Affected public who will be asked electronic, mechanical, or other
and the estimated total number of or required to respond, as well as a brief technological collection techniques or
respondents for the information abstract: Primary: Individuals and other forms of information technology,
collection biometrics is 741,001 and the households. USCIS uses the data for example, permitting electronic
estimated hour burden per response is collected through this form to process a submission of responses.
1.17 hours. request for premium processing. The Overview of information collection:
(6) An estimate of the total public form serves the purpose of (1) Type of Information Collection:
burden (in hours) associated with the standardizing requests for premium Revision of a Currently Approved
collection: The total estimated annual processing and will ensure that basic Collection.
hour burden associated with Form I–90 information required to assess eligibility (2) Title of the Form/Collection:
is 2,146,087 hours. is provided by the employers/ Application for Civil Surgeon
(7) An estimate of the total public petitioners. Designation.
burden (in cost) associated with the (5) An estimate of the total number of (3) Agency form number, if any, and
collection: The estimated total annual respondents and the amount of time the applicable component of DHS
cost burden associated with this estimated for an average respondent to sponsoring the collection: I–910; USCIS.
collection of information is respond: The estimated total number of (4) Affected public who will be asked
$254,163,343. respondents for the information or required to respond, as well as a brief
collection Form I–907 is 815,773 and abstract: Primary: Businesses or
USCIS Form I–907 nonprofits. This information collection
the estimated hour burden per response
DHS and USCIS invite the general is 0.397 hours. is required to determine whether a
public and other Federal agencies to (6) An estimate of the total public physician meets the statutory and
comment on the impact to the proposed burden (in hours) associated with the regulatory requirements for civil
collection of information. In accordance collection: The total estimated annual surgeon designation. For example, all
with the PRA, the information hour burden associated with this documents are reviewed to determine
collection notice is published in the collection is 323,862 hours. whether the physician has a currently
Federal Register to obtain comments (7) An estimate of the total public valid medical license and whether the
regarding the proposed edits to the burden (in cost) associated with the physician has had any disciplinary
information collection instrument. collection: The estimated total annual action taken against him or her by the
Comments are encouraged and will be cost burden associated with this medical licensing authority of the U.S.
accepted for 60 days from the collection of information is state(s) or U.S. territories in which he or
publication date of the proposed rule. $202,923,534. she practices. If the Application for
All submissions received must include Civil Surgeon Designation (Form I–910)
the OMB Control Number 1615–0048 in USCIS Form I–910 is approved, the physician is included
the body of the letter and the agency DHS and USCIS invite the general in USCIS’s public Civil Surgeon Locator
name. Comments on this information public and other Federal agencies to and is authorized to complete Form I–
693 (OMB Control Number 1615–0033) (3) Agency form number, if any, and Comments are encouraged and will be
for an applicant’s adjustment of status. the applicable component of DHS accepted for 60 days from the
(5) An estimate of the total number of sponsoring the collection: I–912; USCIS. publication date of the proposed rule.
respondents and the amount of time (4) Affected public who will be asked All submissions received must include
estimated for an average respondent to or required to respond, as well as a brief the OMB Control Number 1615–0099 in
respond: The estimated total number of abstract: Primary: Individuals or the body of the letter and the agency
respondents for the information households. USCIS uses the data name. Comments on this information
collection I–910 is 470 and the collected on this form to verify that the collection should address one or more
estimated hour burden per response is applicant is unable to pay for the of the following four points:
1.817 hours. immigration benefit being requested. (1) Evaluate whether the collection of
(6) An estimate of the total public USCIS will consider waiving a fee for an information is necessary for the proper
burden (in hours) associated with the application or petition when the performance of the functions of the
collection: The total estimated annual applicant or petitioner demonstrates agency including whether the
hour burden associated with this that they are unable to pay the fee. Form information will have practical utility;
collection is 854 hours. I–912 standardizes the collection and (2) Evaluate the accuracy of the
(7) An estimate of the total public analysis of statements and supporting agency’s estimate of the burden of the
burden (in cost) associated with the documentation provided by the collection of information including the
collection: The estimated total annual applicant with the fee waiver request. validity of the methodology and
cost burden associated with this Form I–912 also streamlines and assumptions used;
collection of information is $24,205. expedites USCIS’ review, approval, or (3) Enhance the quality, utility, and
denial of the fee waiver request by clarity of the information to be
USCIS Form I–912 clearly laying out the most salient data collected; and
DHS and USCIS invite the general and evidence necessary for the (4) Minimize the burden of the
public and other Federal agencies to determination of inability to pay. collection of information on those who
comment on the impact to the proposed Officers evaluate all factors, are to respond including through the
collection of information. In accordance circumstances, and evidence supplied use of appropriate automated,
with the PRA, the information in support of a fee waiver request when electronic, mechanical, or other
collection notice is published in the making a final determination. Each case technological collection techniques or
Federal Register to obtain comments is unique and is considered on its own other forms of information technology,
regarding the proposed edits to the merits. If the fee waiver is granted, the for example, permitting electronic
information collection instrument. application will be processed. If the fee submission of responses.
waiver is not granted, USCIS will notify Overview of information collection:
the applicant and instruct them to file (1) Type of Information Collection:
a new application with the appropriate Revision of a Currently Approved
fee. Collection.
All submissions received must include (2) Title of the Form/Collection:
(5) An estimate of the total number of
the OMB Control Number 1615–0116 in Application for T nonimmigrant status;
respondents and the amount of time
the body of the letter and the agency Supplement A, Application for Family
name. Comments on this information Member of T–1 Recipient; Supplement
respond: The estimated total number of
collection should address one or more B, Declaration of Law Enforcement
of the following four points: Officer for Victim of Trafficking in
collection Form I–912 is 602,400 and
(1) Evaluate whether the collection of Persons.
the estimated hour burden per response
information is necessary for the proper (3) Agency form number, if any, and
is 1.17. The estimated total number of
performance of the functions of the the applicable component of DHS
agency including whether the sponsoring the collection: I–914; I–
collection 8 CFR 103.7(d) Director’s
information will have practical utility; 914A; I–914B; USCIS.
Exception Request is 128 and the
(2) Evaluate the accuracy of the (4) Affected public who will be asked
estimated hour burden per response is
agency’s estimate of the burden of the or required to respond, as well as a brief
1.17.
collection of information including the (6) An estimate of the total public abstract: Primary: Individuals or
validity of the methodology and burden (in hours) associated with the households; Federal Government; State,
assumptions used; collection: The total estimated annual local or Tribal Government. The
(3) Enhance the quality, utility, and hour burden associated with this information on all three parts of the
clarity of the information to be collection is 704,958 hours. form will be used to determine whether
collected; and (7) An estimate of the total public applicants meet the eligibility
(4) Minimize the burden of the burden (in cost) associated with the requirements for benefits. This
collection of information on those who collection: The estimated total annual application incorporates information
are to respond including through the cost burden associated with this pertinent to eligibility under the Victims
use of appropriate automated, collection of information is $2,259,480. of Trafficking and Violence Protection
electronic, mechanical, or other Act (VTVPA), Public Law 106–386, and
technological collection techniques or USCIS Form I–914; I–914A; I–914B a request for employment authorization.
other forms of information technology, DHS and USCIS invite the general (5) An estimate of the total number of
for example, permitting electronic public and other Federal agencies to respondents and the amount of time
submission of responses. comment on the impact to the proposed estimated for an average respondent to
Overview of information collection: collection of information. In accordance respond: The estimated total number of
(1) Type of Information Collection: with the PRA, the information respondents for the information
Revision of a Currently Approved collection notice is published in the collection Form I–914 is 1,310 and the
Collection. Federal Register to obtain comments estimated hour burden per response is
(2) Title of the Form/Collection: regarding the proposed edits to the 2.63 hours; the estimated total number
Application for Fee Waiver. information collection instrument. of respondents for the information
collection Form I–914A is 1,120 and the for example, permitting electronic USCIS Form I–929
estimated hour burden per response is submission of responses. DHS and USCIS invite the general
1.083 hour; the estimated total number Overview of information collection: public and other Federal agencies to
of respondents for the information (1) Type of Information Collection: comment on the impact to the proposed
collection Form I–914B Law Revision of a Currently Approved collection of information. In accordance
Enforcement Officer completion activity Collection. with the PRA, the information
is 459 and the estimated hour burden (2) Title of the Form/Collection: collection notice is published in the
per response is 3.58 hour; the estimated Application for U Nonimmigrant Status; Federal Register to obtain comments
total number of respondents for the Supplement A, Petition for Qualifying regarding the proposed edits to the
information collection Form I–914B Family Member of a U–1 Recipient; information collection instrument.
Contact by Respondent to Law Supplement B, U Nonimmigrant Status Comments are encouraged and will be
Enforcement is 459 and the estimated Certification. accepted for 60 days from the
hour burden per response is 0.25 hour; publication date of the proposed rule.
the estimated total number of (3) Agency form number, if any, and
the applicable component of DHS All submissions received must include
respondents for the information the OMB Control Number 1615–0106 in
collection biometrics submission is sponsoring the collection: I–918; I–
918A; I–918B; USCIS. the body of the letter and the agency
2,430 and the estimated hour burden name. Comments on this information
per response is 1.17 hour. (4) Affected public who will be asked
or required to respond, as well as a brief collection should address one or more
(6) An estimate of the total public of the following four points:
burden (in hours) associated with the abstract: Primary: Individuals or
households; Federal Government; or (1) Evaluate whether the collection of
collection: The total estimated annual information is necessary for the proper
hour burden associated with this State, local or Tribal Government. This
petition permits victims of certain performance of the functions of the
collection is 9,259 hours. agency including whether the
(7) An estimate of the total public qualifying criminal activity and their
immediate family members to apply for information will have practical utility;
burden (in cost) associated with the (2) Evaluate the accuracy of the
collection: The estimated total annual temporary nonimmigrant classification.
This nonimmigrant classification agency’s estimate of the burden of the
cost burden associated with this collection of information including the
collection of information is $0. provides temporary immigration
benefits, potentially leading to validity of the methodology and
USCIS Form I–918; I–918A; I–918B permanent resident status, to certain assumptions used;
(3) Enhance the quality, utility, and
DHS and USCIS invite the general victims of criminal activity who:
clarity of the information to be
public and other Federal agencies to suffered substantial mental or physical
collected; and
comment on the impact to the proposed abuse as a result of having been a victim
(4) Minimize the burden of the
collection of information. In accordance of criminal activity; have information
collection of information on those who
with the PRA, the information regarding the criminal activity; and
are to respond including through the
collection notice is published in the assist Government officials in
use of appropriate automated,
Federal Register to obtain comments investigating and prosecuting such
regarding the proposed edits to the criminal activity.
information collection instrument. (5) An estimate of the total number of other forms of information technology,
Comments are encouraged and will be respondents and the amount of time for example, permitting electronic
accepted for 60 days from the estimated for an average respondent to submission of responses.
publication date of the proposed rule. respond: The estimated total number of Overview of information collection:
All submissions received must include respondents for the information (1) Type of Information Collection:
the OMB Control Number 1615–0104 in collection I–918 is 29,400 and the Revision of a Currently Approved
the body of the letter and the agency estimated hour burden per response is Collection.
name. Comments on this information 5 hours. The estimated total number of (2) Title of the Form/Collection:
collection should address one or more respondents for the information Petition for Qualifying Family Member
of the following four points: collection I–918A is 17,900 and the of a U–1 Nonimmigrant.
(1) Evaluate whether the collection of estimated hour burden per response is (3) Agency form number, if any, and
information is necessary for the proper 1.5 hour. The estimated total number of the applicable component of DHS
performance of the functions of the respondents for the information sponsoring the collection: I–929; USCIS.
agency including whether the collection I–918B is 29,400 and the (4) Affected public who will be asked
information will have practical utility; estimated hour burden per response is or required to respond, as well as a brief
(2) Evaluate the accuracy of the 1 hour. The estimated total number of abstract: Primary: Individuals and
agency’s estimate of the burden of the respondents for the information Households. Section 245(m) of the
collection of information including the collection biometrics submission is Immigration and Nationality Act (Act)
validity of the methodology and 47,300 and the estimated hour burden allows certain qualifying family
assumptions used; per response is 1.17 hours. members who have never held U
(3) Enhance the quality, utility, and (6) An estimate of the total public nonimmigrant status to seek lawful
clarity of the information to be burden (in hours) associated with the permanent residence or apply for
collected; and collection: The total estimated annual immigrant visas. Before such family
(4) Minimize the burden of the hour burden associated with this members may apply for adjustment of
collection of information on those who collection is 258,591 hours. status or seek immigrant visas, the U–
are to respond including through the (7) An estimate of the total public 1 nonimmigrant who has been granted
use of appropriate automated, burden (in cost) associated with the adjustment of status must file an
electronic, mechanical, or other collection: The estimated total annual immigrant petition on behalf of the
technological collection techniques or cost burden associated with this qualifying family member using Form I–
other forms of information technology, collection of information is $201,025. 929. Form I–929 is necessary for USCIS
to determine whether the eligibility (3) Agency form number, if any, and (4) Minimize the burden of the
requirements and conditions for a the applicable component of DHS collection of information on those who
qualifying family member are met. sponsoring the collection: I–941; USCIS. are to respond including through the
(5) An estimate of the total number of (4) Affected public who will be asked use of appropriate automated,
respondents and the amount of time or required to respond, as well as a brief electronic, mechanical, or other
estimated for an average respondent to abstract: Primary: Individuals or technological collection techniques or
respond: The estimated total number of households. Entrepreneurs can use this other forms of information technology,
respondents for the information form to make an initial request for for example, permitting electronic
collection Form I–929 is 1,500 and the parole based upon significant public submission of responses.
estimated hour burden per response is benefit; make a subsequent request for Overview of information collection:
0.817 hours. parole for an additional period; or file (1) Type of Information Collection:
(6) An estimate of the total public an amended application to notify USCIS Revision of a Currently Approved
burden (in hours) associated with the of a material change. Collection.
collection: The total estimated annual (5) An estimate of the total number of (2) Title of the Form/Collection:
hour burden associated with this respondents and the amount of time Request for a Hearing on a Decision in
collection is 1,226 hours. estimated for an average respondent to Naturalization Proceedings Under
(7) An estimate of the total public respond: The estimated total number of Section 336.
burden (in cost) associated with the respondents for the information (3) Agency form number, if any, and
collection: The estimated total annual collection Form I–941 is 2,940 and the the applicable component of DHS
cost burden associated with this estimated hour burden per response is sponsoring the collection: N–336;
collection of information is $183,750. 4.517 hours; the estimated total number USCIS.
(4) Affected public who will be asked
USCIS Form I–941 of respondents for the information
collection biometrics submission is
DHS and USCIS invite the general abstract: Primary: Individuals or
2,940 and the estimated hour burden
public and other Federal agencies to households. Form N–336 is used by an
per response is 1.17 hours.
comment on the impact to the proposed individual whose Form N–400,
(6) An estimate of the total public
collection of information. In accordance Application for Naturalization was
with the PRA, the information denied, to request a hearing before an
collection: The total estimated annual
collection notice is published in the immigration officer on the denial of the
hour burden associated with this
Federal Register to obtain comments N–400. USCIS uses the information
collection is 16,720 hours.
regarding the proposed edits to the submitted on Form N–336 to locate the
(7) An estimate of the total public requestor’s file and schedule a hearing
burden (in cost) associated with the in the correct jurisdiction. It allows
collection: The estimated total annual USCIS to determine if there is an
cost burden associated with this underlying Form N–400, Application for
collection of information is $1,440,600. Naturalization that was denied, to
the OMB Control Number 1615–0136 in USCIS Form N–336 warrant the filing of Form N–336. The
the body of the letter and the agency information collected also allows USCIS
DHS and USCIS invite the general
name. Comments on this information to determine if a member of the U.S.
public and other Federal agencies to
collection should address one or more armed forces has filed the appeal.
comment on the impact to the proposed (5) An estimate of the total number of
of the following four points:
collection of information. In accordance respondents and the amount of time
(1) Evaluate whether the collection of
with the PRA, the information estimated for an average respondent to
information is necessary for the proper
collection notice is published in the respond: The estimated total number of
performance of the functions of the
Federal Register to obtain comments respondents for the information
regarding the proposed edits to the collection Form N–336 (paper filed) is
(2) Evaluate the accuracy of the information collection instrument. 3,788 and the estimated hour burden
agency’s estimate of the burden of the Comments are encouraged and will be per response is 2.567 hours; the
collection of information including the accepted for 60 days from the estimated total number of respondents
validity of the methodology and publication date of the proposed rule. for the information collection Form N–
assumptions used; All submissions received must include 336 (online filed) is 1,263 and the
(3) Enhance the quality, utility, and the OMB Control Number 1615–0050 in estimated hour burden per response is
clarity of the information to be the body of the letter and the agency 2.5 hours.
collected; and name. Comments on this information (6) An estimate of the total public
(4) Minimize the burden of the collection should address one or more burden (in hours) associated with the
collection of information on those who of the following four points: collection: The total estimated annual
are to respond including through the (1) Evaluate whether the collection of hour burden associated with this
use of appropriate automated, information is necessary for the proper collection is 12,882 hours.
electronic, mechanical, or other performance of the functions of the (7) An estimate of the total public
technological collection techniques or agency including whether the burden (in cost) associated with the
other forms of information technology, information will have practical utility; collection: The estimated total annual
for example, permitting electronic (2) Evaluate the accuracy of the cost burden associated with this
submission of responses. agency’s estimate of the burden of the collection of information is $2,601,265.
Overview of information collection: collection of information including the
(1) Type of Information Collection: validity of the methodology and USCIS Form N–400
Revision of a Currently Approved assumptions used; DHS and USCIS invite the general
Collection. (3) Enhance the quality, utility, and public and other Federal agencies to
(2) Title of the Form/Collection: clarity of the information to be comment on the impact to the proposed
Application for Entrepreneur Parole. collected; and collection of information. In accordance
with the PRA, the information (online filed) is 214,186 and the sponsoring the collection: N–470;
collection notice is published in the estimated hour burden per response is USCIS.
Federal Register to obtain comments 3.5 hours; the estimated total number of (4) Affected public who will be asked
regarding the proposed edits to the respondents for the information or required to respond, as well as a brief
information collection instrument. collection biometrics submission is abstract: Primary: Individuals and
Comments are encouraged and will be 778,000 and the estimated hour burden households. The information collected
accepted for 60 days from the per response is 1.17 hours. on Form N–470 will be used to
publication date of the proposed rule. (6) An estimate of the total public determine whether an alien who intends
All submissions received must include burden (in hours) associated with the to be absent from the United States for
the OMB Control Number 1615–0052 in collection: The total estimated annual a period of one year or more is eligible
the body of the letter and the agency hour burden associated with this to preserve residence for naturalization
name. Comments on this information collection is 6,758,362 hours. purposes.
collection should address one or more (7) An estimate of the total public (5) An estimate of the total number of
of the following four points: burden (in cost) associated with the respondents and the amount of time
(1) Evaluate whether the collection of collection: The estimated total annual estimated for an average respondent to
information is necessary for the proper cost burden associated with this respond: The estimated total number of
performance of the functions of the collection of information is respondents for the information
agency including whether the $346,768,928. collection Form N–470 is 120 and the
information will have practical utility; estimated hour burden per response is
(2) Evaluate the accuracy of the USCIS Form N–470
0.417 hours.
agency’s estimate of the burden of the DHS and USCIS invite the general (6) An estimate of the total public
collection of information including the public and other Federal agencies to burden (in hours) associated with the
validity of the methodology and comment on the impact to the proposed collection: The total estimated annual
assumptions used; collection of information. In accordance hour burden associated with this
(3) Enhance the quality, utility, and with the PRA, the information collection is 50 hours.
clarity of the information to be collection notice is published in the (7) An estimate of the total public
collected; and Federal Register to obtain comments burden (in cost) associated with the
(4) Minimize the burden of the regarding the proposed edits to the collection: The estimated total annual
collection of information on those who information collection instrument. cost burden associated with this
are to respond including through the Comments are encouraged and will be collection of information is $14,700.
use of appropriate automated, accepted for 60 days from the
electronic, mechanical, or other publication date of the proposed rule. USCIS Form N–565
technological collection techniques or All submissions received must include DHS and USCIS invite the general
other forms of information technology, the OMB Control Number 1615–0056 in public and other Federal agencies to
for example, permitting electronic the body of the letter and the agency comment on the impact to the proposed
submission of responses. name. Comments on this information collection of information. In accordance
Overview of information collection: collection should address one or more with the PRA, the information
(1) Type of Information Collection: of the following four points: collection notice is published in the
Revision of a Currently Approved (1) Evaluate whether the collection of Federal Register to obtain comments
Collection. information is necessary for the proper regarding the proposed edits to the
(2) Title of the Form/Collection: performance of the functions of the information collection instrument.
Application for Naturalization. agency including whether the Comments are encouraged and will be
(3) Agency form number, if any, and information will have practical utility; accepted for 60 days from the
the applicable component of DHS (2) Evaluate the accuracy of the publication date of the proposed rule.
sponsoring the collection: N–400; agency’s estimate of the burden of the All submissions received must include
USCIS. collection of information including the the OMB Control Number 1615–0091 in
(4) Affected public who will be asked validity of the methodology and the body of the letter and the agency
or required to respond, as well as a brief assumptions used; name. Comments on this information
abstract: Primary: Individuals or (3) Enhance the quality, utility, and collection should address one or more
households. Form N–400, Application clarity of the information to be of the following four points:
for Naturalization, allows USCIS to collected; and (1) Evaluate whether the collection of
fulfill its mission of fairly adjudicating (4) Minimize the burden of the information is necessary for the proper
naturalization applications and only collection of information on those who performance of the functions of the
naturalizing statutorily eligible are to respond including through the agency including whether the
individuals. Naturalization is the use of appropriate automated, information will have practical utility;
process by which U.S. citizenship is electronic, mechanical, or other (2) Evaluate the accuracy of the
granted to a foreign citizen or national technological collection techniques or agency’s estimate of the burden of the
after he or she fulfills the requirements other forms of information technology, collection of information including the
established by Congress in the INA. for example, permitting electronic validity of the methodology and
(5) An estimate of the total number of submission of responses. assumptions used;
respondents and the amount of time Overview of information collection: (3) Enhance the quality, utility, and
estimated for an average respondent to (1) Type of Information Collection: clarity of the information to be
respond: The estimated total number of Revision of a Currently Approved collected; and
respondents for the information Collection. (4) Minimize the burden of the
collection Form N–400 (paper filed) is (2) Title of the Form/Collection: collection of information on those who
567,314 and the estimated hour burden Application to Preserve Residence for are to respond including through the
per response is 8.987 hours; the Naturalization Purposes. use of appropriate automated,
estimated total number of respondents (3) Agency form number, if any, and electronic, mechanical, or other
for the information collection N–400 the applicable component of DHS technological collection techniques or
other forms of information technology, (6) An estimate of the total public because they acquired United States
for example, permitting electronic burden (in hours) associated with the citizenship either by birth abroad to a
submission of responses. collection: The total estimated annual U.S. citizen parent(s), adoption by a U.
Overview of information collection: hour burden associated with this S. citizen parent(s), or after meeting
(1) Type of Information Collection: collection is 58,207 hours. eligibility requirements including the
Revision of a Currently Approved (7) An estimate of the total public naturalization of a foreign-born parent.
Collection. burden (in cost) associated with the Form N–600 can also be filed by a
(2) Title of the Form/Collection: collection: The estimated total annual parent or legal guardian on behalf of a
Application for Replacement of cost burden associated with this minor child. The form standardizes
Naturalization/Citizenship Document. collection of information is $3,417,026. requests for the benefit and ensures that
(3) Agency form number, if any, and basic information required to assess
the applicable component of DHS USCIS Form N–600
eligibility is provided by applicants.
sponsoring the collection: N–565; DHS and USCIS invite the general (5) An estimate of the total number of
USCIS. public and other Federal agencies to respondents and the amount of time
(4) Affected public who will be asked comment on the impact to the proposed estimated for an average respondent to
or required to respond, as well as a brief collection of information. In accordance respond: The estimated total number of
abstract: Primary: Individuals and with the PRA, the information
households. U.S. Citizenship and respondents for the information
collection notice is published in the collection N–600 (paper filing) is 27,500
Immigration Services (USCIS) uses Federal Register to obtain comments
Form N–565 to determine the and the estimated hour burden per
regarding the proposed edits to the response is 1.397 hours; the estimated
applicant’s eligibility for a replacement information collection instrument.
document. An applicant may file for a total number of respondents for the
Comments are encouraged and will be information collection N–600 (online
replacement if they were issued one of accepted for 60 days from the
the documents described above and it filed) is 27,500 and the estimated hour
publication date of the proposed rule. burden per response is 0.75 hours; the
was lost, mutilated, or destroyed; if the All submissions received must include
document is incorrect due to a estimated total number of respondents
the OMB Control Number 1615–0057 in for the information collection biometrics
typographical or clerical error by USCIS; the body of the letter and the agency
if the applicant’s name was changed by submission is 36,500 and the estimated
name. Comments on this information hour burden per response is 1.17 hours.
a marriage, divorce, annulment, or court collection should address one or more
order after the document was issued and (6) An estimate of the total public
of the following four points: burden (in hours) associated with the
the applicant now seeks a document in (1) Evaluate whether the collection of
the new name; or if the applicant is collection: The total estimated annual
information is necessary for the proper hour burden associated with this
seeking a change of the gender listed on performance of the functions of the
their document after obtaining a court collection is 101,748 hours.
order, a government-issued document, (7) An estimate of the total public
or a letter from a licensed health care burden (in cost) associated with the
professional recognizing that the collection: The estimated total annual
applicant’s gender is different from that cost burden associated with this
listed on their current document. The collection of information is $7,081,250.
validity of the methodology and
only document that can be replaced on assumptions used; USCIS Form N–600K
the basis of a change to the applicant’s (3) Enhance the quality, utility, and
date of birth, as evidenced by a court DHS and USCIS invite the general
order or a document issued by the U.S. public and other Federal agencies to
collected; and
Government or the government of a U.S. (4) Minimize the burden of the comment on the impact to the proposed
state, is the Certificate of Citizenship. If collection of information on those who collection of information. In accordance
the applicant is a naturalized citizen are to respond including through the with the PRA, the information
who desires to obtain recognition as a use of appropriate automated, collection notice is published in the
citizen of the United States by a foreign electronic, mechanical, or other Federal Register to obtain comments
country, he or she may apply for a technological collection techniques or regarding the proposed edits to the
special certificate for that purpose. other forms of information technology, information collection instrument.
(5) An estimate of the total number of for example, permitting electronic Comments are encouraged and will be
respondents and the amount of time submission of responses. accepted for 60 days from the
estimated for an average respondent to Overview of information collection: publication date of the proposed rule.
respond: The estimated total number of (1) Type of Information Collection: All submissions received must include
respondents for the information Revision of a Currently Approved the OMB Control Number 1615–0087 in
collection N–565 (paper-filed) is 13,270 Collection. the body of the letter and the agency
and the estimated hour burden per (2) Title of the Form/Collection: name. Comments on this information
response is 1.147 hours; the estimated Application for Certification of collection should address one or more
total number of respondents for the Citizenship. of the following four points:
information collection N–565 (online (3) Agency form number, if any, and (1) Evaluate whether the collection of
filed) is 13,270 and the estimated hour the applicable component of DHS information is necessary for the proper
burden per response is 0.917 hours; the sponsoring the collection: N–600; performance of the functions of the
estimated total number of respondents USCIS. agency including whether the
for the photograph appointment is (4) Affected public who will be asked information will have practical utility;
26,340 (accounts for an estimated 200 or required to respond, as well as a brief (2) Evaluate the accuracy of the
respondents that file from overseas and abstract: Primary: Individuals and agency’s estimate of the burden of the
do not need to attend a photo households. Form N–600 collects collection of information including the
appointment) and the estimated hour information from applicants who are validity of the methodology and
burden per response is 1.17 hours. requesting a Certificate of Citizenship assumptions used;
(3) Enhance the quality, utility, and comment on the impact to the proposed the information collection H–1B
clarity of the information to be collection of information. In accordance Registration Tool is 4,500 with an
collected; and with the PRA, the information estimated 38 responses per respondents
(4) Minimize the burden of the collection notice is published in the and an estimated hour burden per
collection of information on those who Federal Register to obtain comments response of 0.5167 hours.
are to respond including through the regarding the proposed edits to the (6) An estimate of the total public
use of appropriate automated, information collection instrument. burden (in hours) associated with the
electronic, mechanical, or other Comments are encouraged and will be collection: The total estimated annual
technological collection techniques or accepted for 60 days from the hour burden associated with this
other forms of information technology, publication date of the proposed rule. collection is 143,384 hours.
for example, permitting electronic All submissions received must include (7) An estimate of the total public
submission of responses. the OMB Control Number 1615–0144 in burden (in cost) associated with the
Overview of information collection: the body of the letter and the agency collection: The estimated total annual
(1) Type of Information Collection: name. Comments on this information cost burden associated with this
Revision of a Currently Approved collection should address one or more collection of information is $0.00. Any
Collection. of the following four points: costs to respondents are captured in the
(2) Title of the Form/Collection: (1) Evaluate whether the collection of Form I–129 information collection
Application for Citizenship and information is necessary for the proper (OMB control number 1615–009).
Issuance of Certificate under Section performance of the functions of the
322. agency including whether the Differences in Information Collection
(3) Agency form number, if any, and information will have practical utility; Request Respondent Volume and Fee
the applicable component of DHS (2) Evaluate the accuracy of the Model Filing Volume Projections
sponsoring the collection: N–600K; agency’s estimate of the burden of the DHS notes that the estimates of
USCIS. collection of information including the
(4) Affected public who will be asked annual filing volume in the PRA section
validity of the methodology and of this preamble are not the same as
or required to respond, as well as a brief assumptions used;
abstract: Primary: Individuals and those used in the model used to
(3) Enhance the quality, utility, and
households. Form N–600K is used by calculate the fee amounts proposed in
children who regularly reside in a this rule. For example, the fee
collected; and
foreign country to claim U.S. citizenship (4) Minimize the burden of the calculation model projects 1,666,500
based on eligibility criteria met by their collection of information on those who Form I–765 filings while the estimated
U.S. citizen parent(s) or grandparent(s). are to respond including through the total number of respondents for the
The form may be used by children use of appropriate automated, information collection I–765 is
under age 18. USCIS uses information electronic, mechanical, or other 2,179,494. As stated in section V.B.1.a
collected on this form to determine that technological collection techniques or of this preamble, the VPC forecasts
the child has met all of the eligibility other forms of information technology, USCIS workload volume based on short-
requirements for naturalization under for example, permitting electronic and long-term volume trends and time
section 322 of the Immigration and submission of responses. series models, historical receipts data,
Nationality Act (INA). If determined Overview of information collection: patterns (such as level, trend, and
eligible, USCIS will naturalize and issue (1) Type of Information Collection: seasonality), or correlations with
the child a Certificate of Citizenship Revision of a Currently Approved historical events to forecast receipts.
before the child reaches age 18. Collection. Workload volume is used to determine
(5) An estimate of the total number of (2) Title of the Form/Collection: H–1B the USCIS resources needed to process
respondents and the amount of time Registration Tool. benefit requests and is the primary cost
estimated for an average respondent to (3) Agency form number, if any, and driver for assigning activity costs to
respond: The estimated total number of the applicable component of DHS immigration benefits and biometric
respondents for the information sponsoring the collection: OMB–64; services in the USCIS ABC model. DHS
collection Form N–600K (paper filed) is USCIS. uses a different method for estimating
1,300 and the estimated hour burden (4) Affected public who will be asked the average annual number of
per response is 1.897 hours; the or required to respond, as well as a brief respondents for the information
estimated total number of respondents abstract: Primary: Business or other for- collection over the 3-year OMB approval
for the information collection Form N– profit. USCIS will use the data collected of the control number, generally basing
600K (online filed) is 1,700 and the through the H–1B Registration Tool to the estimate on the average filing
estimated hour burden per response is select a sufficient number of volumes in the previous 3 of 5-year
1.5 hours. registrations projected to meet the period, with less consideration of the
(6) An estimate of the total public applicable H–1B cap allocations and to volume effects on planned or past
burden (in hours) associated with the notify registrants whether their policy changes. Nevertheless, when the
collection: The total estimated annual registration was selected. information collection request is nearing
hour burden associated with this (5) An estimate of the total number of expiration USCIS will update the
collection is 5,016 hours. respondents and the amount of time estimates of annual respondents based
(7) An estimate of the total public estimated for an average respondent to on actual results in the submission to
burden (in cost) associated with the respond: The estimated total number of OMB. The PRA burden estimates are
collection: The estimated total annual business or other for-profit respondents generally updated at least every 3 years.
cost burden associated with this for the information collection H–1B Thus, DHS expects that the PRA
collection of information is $386,250. Registration Tool is 35,500 with an estimated annual respondents will be
estimated 3 responses per respondents updated to reflect the actual effects of
USCIS Form OMB–64 and an estimated hour burden per this proposed rule within a relatively
DHS and USCIS invite the general response of 0.5167 hours. The estimated short period after a final rule takes
public and other Federal agencies to total number of attorney respondents for effect.
I. National Environmental Policy Act stability or safety of the family, 8 CFR Part 214
DHS Directive 023–01 Rev. 01 particularly in terms of marital Administrative practice and
(Directive) and Instruction Manual 023– commitment; (2) impacts the authority procedure, Aliens, Cultural exchange
01–001–01 Rev. 01 (Instruction Manual) of parents in the education, nurture, and program, Employment, Foreign officials,
establish the policies and procedures supervision of their children; (3) helps Health professions, Reporting and
that DHS and its components use to the family perform its functions; (4) recordkeeping requirements, Students.
comply with the National affects disposable income or poverty of
families and children; (5) if the 8 CFR Part 240
Environmental Policy Act (NEPA) and
the Council on Environmental Quality regulatory action financially impacts Administrative practice and
(CEQ) regulations for implementing families, are justified; (6) may be carried procedure, Aliens.
NEPA, 40 CFR parts 1500 through 1508. out by State or local government or by
the family; and (7) establishes a policy 8 CFR Part 244
The CEQ regulations allow Federal
agencies to establish, with CEQ review concerning the relationship between the Administrative practice and
and concurrence, categories of actions behavior and personal responsibility of procedure, Immigration.
(‘‘categorical exclusions’’) that youth and the norms of society. If the
determination is affirmative, then the 8 CFR Part 245
experience has shown do not have a
significant effect on the human Agency must prepare an impact Aliens, Immigration, Reporting and
environment and, therefore, do not assessment to address criteria specified recordkeeping requirements.
require an Environmental Assessment or in the law. DHS has no data that
indicate that this proposed rule will 8 CFR Part 245a
Environmental Impact Statement. 40
CFR 1507.3(e)(2)(ii), 1501.4. have any impacts on disposable income Aliens, Immigration, Reporting and
The Instruction Manual establishes or the poverty of certain families and recordkeeping requirements.
categorical exclusions that DHS has children, including U.S. citizen
8 CFR Part 264
found to have no such effect. See children. DHS acknowledges that this
Appendix A, Table 1. Under DHS NEPA proposal would increase the fees that Aliens, Reporting and recordkeeping
implementing procedures, for a families must submit and thus it may requirements.
proposed action to be categorically affect the disposable income for certain 8 CFR Part 274a
excluded it must satisfy each of the families. DHS has provided a process to
waive fees for immigration benefits Administrative practice and
following three conditions: (1) the entire
when the person submitting the request procedure, Aliens, Employment,
action clearly fits within one or more of
is unable to pay the fee. In addition, the Penalties, Reporting and recordkeeping
the categorical exclusions; (2) the action
proposed rule may provide USCIS with requirements.
is not a piece of a larger action; and (3)
no extraordinary circumstances exist the funds necessary to provide free Accordingly, DHS proposes to amend
that create the potential for a significant services to certain disadvantaged chapter I of title 8 of the Code of Federal
environmental effect. Instruction populations, including abused children Regulations as follows:
Manual section V.B(2)(a)–(c). and spouses, refugees, and victims of
criminal activity or human trafficking. PART 103—IMMIGRATION BENEFIT
This proposed rule implements the
DHS believes that the benefits of the REQUESTS; USCIS FILING
authority in the INA to establish fees to
new fees justify the financial impact on REQUIREMENTS; BIOMETRIC
fund immigration and naturalization
the family, that this rulemaking’s impact REQUIREMENTS; AVAILABILITY OF
services of USCIS.
is justified, and no further actions are RECORDS
DHS has determined that this
proposed rule does not individually or required. DHS also determined that this
proposed rule will not have any impact ■ 1. The authority citation for part 103
cumulatively have a significant effect on is revised to read as follows:
the human environment because it on the autonomy or integrity of the
family as an institution. Authority: 5 U.S.C. 301, 552, 552a; 8 U.S.C.
clearly fits within categorical exclusions
1101, 1103, 1304, 1356, 1356b, 1372; 31
A3(a) and (d) in Appendix A of the List of Subjects U.S.C. 9701; Pub. L. 107–296, 116 Stat. 2135
Instruction Manual established for rules (6 U.S.C. 101 et seq.); Pub. L. 112–54, 125
of a strictly administrative or procedural 8 CFR Part 103
Stat 550 (8 U.S.C. 1185 note); E.O. 12356, 47
nature and actions that interpret or Administrative practice and FR 14874, 15557, 3 CFR, 1982 Comp., p. 166;
amend an existing regulation without procedure, Authority delegations 8 CFR part 2.
changing its environmental effect. (Government agencies), Freedom of ■ 2. Section 103.2 is amended by
This proposed rule is not part of a information, Privacy, Reporting and revising the fourth sentence of
larger action and presents no recordkeeping requirements, Surety paragraph (a)(1) and paragraphs
extraordinary circumstances creating bonds. (a)(7)(ii)(D) and (b)(19)(iii)(A) to read as
the potential for significant follows:
environmental effects. Therefore, this 8 CFR Part 106
§ 103.2 Submission and adjudication of
proposed rule is categorically excluded Immigration, User fees.
benefit requests.
from further NEPA review.
8 CFR Part 204 (a) * * *
J. Family Assessment
Administrative practice and (1) * * * Filing fees generally are

Section 654 of the Treasury and procedure, Immigration, Reporting and non-refundable regardless of the
General Government Appropriations recordkeeping requirements. outcome of the benefit request, or how
Act, 1999 (Pub. L. 105–277) requires much time the adjudication requires,
Federal agencies to issue a Family 8 CFR Part 212 and any decision to refund a fee is at the
Policymaking Assessment for any rule Administrative practice and discretion of USCIS. * * *
that may affect family well-being. procedure, Aliens, Immigration, * * * * *
Agencies must assess whether the Passports and visas, Reporting and (7) * * *
regulatory action: (1) Impacts the recordkeeping requirements. (ii) * * *
(D) Submitted with the correct fee(s). (b) USCIS fees. USCIS fees will be fingerprint checks before accepting the
If a check or other financial instrument required as provided in 8 CFR part 106. application fee.
used to pay a fee is returned as (c) Remittances. Remittances to the (v) The application fee (if not waived)
unpayable because of insufficient funds, Board of Immigration Appeals must be and fingerprint fee must be paid to CBP
USCIS will resubmit the payment to the made payable to the ‘‘United States before the application will be processed.
remitter institution one time. If the Department of Justice,’’ in accordance The fingerprint fee may not be waived.
instrument used to pay a fee is returned with 8 CFR 1003.8. (vi) For replacement of PORTPASS
as unpayable a second time, the filing (d) Non-USCIS DHS immigration fees. documentation during the participation
may be rejected. Financial instruments The following fees are applicable to one period: $25.00.
returned as unpayable for a reason other or more of the immigration components (8) Fee Remittance for F, J, and M
than insufficient funds will not be of DHS: Nonimmigrants (Form I–901). The fee
redeposited. Credit cards that are (1) DCL system costs fee. For use of a for Form I–901 is:
declined will not be submitted a second Dedicated Commuter Lane (DCL) (i) For F and M students: $350.
time. If a check or other financial located at specific U.S. ports-of-entry by (ii) For J–1 au pairs, camp counselors,
instrument used to pay a fee is dated an approved participant in a designated and participants in a summer work or
more than one year before the request is vehicle: travel program: $35.
received, the payment and request may (i) $80.00; or (iii) For all other J exchange visitors
be rejected. (ii) $160.00 for a family (applicant, (except those participating in a program
* * * * * spouse and minor children); plus, sponsored by the Federal Government):
(b) * * * (iii) $42 for each additional vehicle $220.
(19) * * * enrolled. (iv) There is no Form I–901 fee for J
(iii) * * * (iv) The fee is due after approval of exchange visitors in federally funded
(A) USCIS will send secure the application but before use of the programs with a program identifier
identification documents, such as a DCL. designation prefix that begins with G–1,
Permanent Resident Card or (v) This fee is non-refundable, but G–2, G–3, or G–7.
Employment Authorization Document, may be waived by DHS. (9) Special statistical tabulations. The
only to the applicant or self-petitioner (2) Petition for Approval of School for DHS cost of the work involved.
unless the applicant or self-petitioner Attendance by Nonimmigrant Student (10) Monthly, semiannual, or annual
specifically consents to having his or (Form I–17). (i) For filing a petition for ‘‘Passenger Travel Reports via Sea and
her secure identification document sent school certification: $3,000 plus, a site Air’’ tables. (i) For the years 1975 and
to a designated agent or their attorney or visit fee of $655 for each location before: $7.00.
accredited representative of record, as required to be listed on the form. (ii) For after 1975: Contact: U.S.
specified on the form instructions. (ii) For filing a petition for school Department of Transportation,
* * * * * recertification: $1,250, plus a site visit Transportation Systems Center, Kendall
■ 3. Section 103.7 is revised and fee of $655 for each new location Square, Cambridge, MA 02142.
republished to read as follows: required to be listed on the form. (11) Request for Classification of a
(3) Form I–68. For application for citizen of Canada to engage in
§ 103.7 Fees. issuance of the Canadian Border Boat professional business activities pursuant
(a) Department of Justice (DOJ) fees. Landing Permit under section 235 of the to section 214(e) of the Act (Chapter 16
Fees for proceedings before immigration Act: of the North American Free Trade
judges and the Board of Immigration (i) $16.00; or Agreement). $50.00.
Appeals are described in 8 CFR 1003.8, (ii) $32 for a family (applicant, (12) Request for authorization for
1003.24, and 1103.7. spouse, and unmarried children under parole of an alien into the United States.
(1) USCIS may accept DOJ fees. 21 years of age, and parents of either $65.00.
Except as provided in 8 CFR 1003.8, or spouse). (13) Global Entry. Application for
as the Attorney General otherwise may (4) Form I–94. For issuance of Arrival/ Global Entry: $100.
provide by regulation, any fee relating to Departure Record at a land border port- (14) U.S. Asia-Pacific Economic
any EOIR proceeding may be paid to of-entry: $6.00. Cooperation (APEC) Business Travel
USCIS. Payment of a fee under this (5) Form I–94W. For issuance of Card. Application fee: $70.
section does not constitute filing of the Nonimmigrant Visa Waiver Arrival/ (15) Notice of Appeal or Motion (Form
document with the Board or with the Departure Form at a land border port-of- I–290B) filed with ICE SEVP. For a Form
immigration court. DHS will provide the entry under section 217 of the Act: I–290B filed with the Student and
payer with a receipt for a fee and return $6.00. Exchange Visitor Program (SEVP): $675.
any documents submitted with the fee (6) Form I–246. For filing application ■ 4. Section 103.17 is revised and
relating to any immigration court for stay of deportation under 8 CFR part republished to read as follows:
proceeding. 243: $155.00. The application fee may
(2) DHS–EOIR biometric services fee. be waived by DHS. § 103.17 Biometric services fee.
Fees paid to and accepted by DHS (7) Form I–823. For application to a DHS may charge a fee to collect
relating to any immigration proceeding PORTPASS program under section 286 biometric information, to provide
as provided in 8 CFR 1103.7(a) must of the Act: biometric collection services, to conduct
include an additional $30 for DHS to (i) $25.00; or required national security and criminal
collect, store, and use biometric (ii) $50.00 for a family (applicant, history background checks, to verify an
information. spouse, and minor children). individual’s identity, and to store and
(3) Waiver of court fees. An (iii) The application fee may be maintain this biometric information for
immigration judge may waive any fees waived by DHS. reuse to support other benefit requests.
prescribed under this chapter for cases (iv) If fingerprints are required, the When a biometric services fee is
under their jurisdiction to the extent inspector will inform the applicant of required, USCIS may reject a benefit
provided in 8 CFR 1003.8, 1003.24, and the current Federal Bureau of request submitted without the correct
1103.7. Investigation fee for conducting biometric services.
■ 5. Section 103.40 is revised and requestor establishes to the satisfaction currency. The fee must be paid using
republished to read as follows: of USCIS that the subject is deceased. the method that USCIS prescribes for
(3) Documentary evidence of the the request, office, filing method, or
§ 103.40 Genealogical research requests. subject’s death is required (including filing location, as provided in the form
(a) Nature of requests. Genealogy but not limited to death records, instructions or by individual notice.
requests are requests for searches and/ published obituaries or eulogies, (c) If a remittance in payment of a fee
or copies of historical records relating to published death notices, church or bible or any other matter is not honored by
a deceased person, usually for genealogy records, photographs of gravestones, the bank or financial institution on
and family history research purposes. and/or copies of official documents which it is drawn:
(b) Forms. USCIS provides on its relating to payment of death benefits). (1) The provisions of 8 CFR
website at https://www.uscis.gov/ (g) Index search. Requestors who are 103.2(a)(7)(ii) apply, no receipt will be
records/genealogy the required forms in unsure whether USCIS has any record of issued, and if a receipt was issued, it is
electronic versions: Genealogy Index their ancestor, or who suspect a record void and the benefit request loses its
Search Request or Genealogy Records exists but cannot identify that record by receipt date; and
Request. number, may submit a request for index (2) If the benefit request was
(c) Required information. search. An index search will determine approved, the approval may be revoked
Genealogical research requests may be the existence of responsive historical upon notice. If the approved benefit
submitted to request one or more records. If no record is found, USCIS request requires multiple fees, this
separate records relating to an will notify the requestor accordingly. If paragraph (c) would apply if any fee
individual. A separate request must be records are found, USCIS will give the submitted is not honored. Other fees
submitted for each individual searched. requestor electronic copies of records that were paid for a benefit request that
All requests for records or index stored in digital format for no additional is revoked under this paragraph (c) will
searches must include the individual’s: fee. For records found that are stored in be retained and not refunded. A
(1) Full name (including variant paper format, USCIS will give the revocation of an approval because the
spellings of the name and/or aliases, if requestor the search results, including fee submitted is not honored may be
any). the type of record found and the file appealed to the USCIS Administrative
(2) Date of birth, at least as specific as number or other information identifying Appeals Office, in accordance with 8
a year. the record. The requestor can use index
(3) Place of birth, at least as specific CFR 103.3 and the applicable form
search results to submit a Genealogy instructions.
as a country and preferably the country Records Request.
name at the time of the individual’s (d) DHS is not responsible for
(h) Processing of paper record copy financial instruments that expire before
immigration or naturalization. requests. This service is designed for
(d) Optional information. To better they are deposited. USCIS may reject
requestors who can identify a specific any filing for which required payment
ensure a successful search, a record or file to be retrieved, copied,
genealogical research request may cannot be processed due to expiration of
reviewed, and released. Requestors may the financial instrument.
include each individual’s: identify one or more files in a single
(1) Date of arrival in the United States. (e) Fees paid to USCIS using a credit
request. card are not subject to dispute,
(2) Residence address at time of ■ 6. Part 106 is revised and republished
naturalization. chargeback, forced refund, or return to
to read as follows:
(3) Names of parents, spouse, and the cardholder for any reason except at
children if applicable and available. PART 106—USCIS FEE SCHEDULE the discretion of USCIS.
(e) Additional information required to § 106.2 Fees.
retrieve records. For a Genealogy Sec. 106.1 Fee requirements.
Records Request, requests for copies of 106.2 Fees. (a) I Forms—(1) Application to
106.3 Fee waivers and exemptions. Replace Permanent Resident Card, Form
historical records or files must identify
106.4 Premium processing service. I–90. For filing an application for a
the record by number or other specific 106.5 Authority to certify records.
data used by the Genealogy Program Permanent Resident Card, Form I–551,
106.6 DHS severability. to replace an obsolete card or to replace
Office to retrieve the record as follows:
Authority: 8 U.S.C. 1101, 1103, 1254a, one lost, mutilated, or destroyed, or for
(1) C-Files must be identified by a
1254b, 1304, 1356; 48 U.S.C. 1806; Pub. L. a change in name.
naturalization certificate number. 107- 296, 116 Stat. 2135 (6 U.S.C. 101 note);
(2) Forms AR–2 and A-Files (i) When filed online: $455.
Pub. L. 115–218, 132 Stat. 1547; Pub. L. 116–
numbered below 8 million must be 159, 134 Stat. 709.
(ii) When filed on paper: $465.
identified by Alien Registration (iii) If the applicant was issued a card
Number. § 106.1 Fee requirements. but never received it: No fee.
(3) Visa Files must be identified by (a) Fees must be submitted with any (iv) If the applicant’s card was issued
the Visa File Number. Registry Files USCIS request in the amount and with incorrect information because of
must be identified by the Registry File subject to the conditions provided in DHS error and the applicant is filing for
Number (for example, R–12345). this part and remitted in the manner a replacement: No fee.
(f) Information required for release of prescribed in the relevant form (v) If the applicant has reached their
records. (1) Documentary evidence must instructions, on the USCIS website, or 14th birthday and their existing card
be attached to a Genealogy Records in a Federal Register document. The will expire after their 16th birthday: No
Request or submitted in accordance fees established in this part are fee.
with the instructions on the Genealogy associated with the benefit, the (2) Application for Replacement/
Records Request form. adjudication, or the type of request and Initial Nonimmigrant Arrival-Departure
(2) Search subjects will be presumed not solely determined by the form Document, Form I–102. For filing an
deceased if their birth dates are more number listed in § 106.2. application for Arrival/Departure
than 100 years before the date of the (b) Fees must be remitted from a bank Record Form I–94, or Crewman’s
request. In other cases, the subject is or other institution located in the Landing Permit Form I–95, to replace
presumed to be living until the United States and payable in U.S. one lost, mutilated, or destroyed: $680.
(i) For nonimmigrant member of the Document for asylee and lawful motion to review or reconsider a USCIS
U.S. armed forces: No fee for initial permanent resident who obtained such decision: $800. The fee will be the same
filing; status as an asylee 16 years or older: for appeal of or motion on a denial of
(ii) For a nonimmigrant member of the $165. a benefit request with one or multiple
North Atlantic Treaty Organization (ii) Refugee Travel Document for beneficiaries. There is no fee for
(NATO) armed forces or civil asylee and lawful permanent resident conditional permanent residents who
component: No fee for initial filing; who obtained such status as an asylee filed a waiver of the joint filing
(iii) For nonimmigrant member of the under the age of 16: $135. requirement based on battery or extreme
Partnership for Peace military program (iii) Advance Parole, Reentry Permit, cruelty and filed a ‘‘Notice of Appeal or
under the Status of Forces Agreement and other travel documents: $630. Motion (Form I–290B) when their
(SOFA): No fee for initial filing; and (iv) There are no fees for a travel Petition to Remove the Conditions on
(iv) For replacement for DHS error: No document for applicants who filed Residence’’ (Form I–751) was denied.
fee. USCIS Form I–485 on or after July 30, (16) Petition for Amerasian,
(3) Petition or Application for a 2007, and before [EFFECTIVE DATE OF Widow(er), or Special Immigrant, Form
Nonimmigrant Worker, Form I–129. For THE FINAL RULE], and paid the Form I–360. $515. There is no fee for the
filing a petition or application for a I–485 fee. following:
nonimmigrant worker: (v) There are no fees for parole (i) A petition seeking classification as
(i) Petition for H–1B Nonimmigrant requests from current or former U.S. an Amerasian;
Worker or H–1B1 Free Trade armed forces service members. (ii) A petition seeking immigrant
Nonimmigrant Worker: $780. (8) Application for Carrier classification as a Violence Against
(ii) Petition for H–2A Nonimmigrant Documentation, Form I–131A. For filing Women Act (VAWA) self-petitioner;
Worker with 1 to 25 named an application to allow a lawful (iii) A petition for Special Immigrant
beneficiaries: $1,090. permanent resident to apply for a travel Juvenile classification;
(iii) Petition for H–2A Nonimmigrant document (carrier documentation) to (iv) A petition seeking special
Worker with only unnamed board an airline or other transportation immigrant classification as Afghan or
beneficiaries: $530. carrier to return to the United States: Iraqi translator or interpreter, Iraqi
(iv) Petition for H–2B Nonimmigrant $575. national employed by or on behalf of the
Worker with 1 to 25 named (9) Declaration of Financial Support, U.S. Government, or Afghan national
beneficiaries: $1,080. Form I–134. No fee. employed by or on behalf of the U.S.
(v) Petition for H–2B Nonimmigrant (10) Immigrant Petition for Alien Government or employed by the
Worker with only unnamed Worker, Form I–140. For filing a petition International Security Assistance Force
beneficiaries: $580. to classify preference status of an alien
(vi) Petition for L Nonimmigrant (ISAF); or a surviving spouse or child of
on the basis of profession or occupation such a person; or
Worker: $1,385. under section 204(a) of the Act: $715.
(vii) Petition for O Nonimmigrant (v) A petition for a person who served
(11) Application for Relief Under honorably on active duty in the U.S.
Worker with 1 to 25 named Former Section 212(c) of the
beneficiaries: $1,055. armed forces filing under section
Immigration and Nationality Act (INA), 101(a)(27)(K) of the Act.
(viii) Petition or Application for E, H–
Form I–191. For filing an application for (17) Affidavit of Financial Support
3, P, Q, R, or TN Nonimmigrant Worker
discretionary relief under section 212(c) and Intent to Petition for Legal Custody
with 1 to 25 named beneficiaries:
of the Act: $930. for Public Law 97–359 Amerasian, Form
$1,015. (12) Application for Advance
(4) Petition for a CNMI-Only I–361. No fee.
Permission to Enter as a Nonimmigrant, (18) Request to Enforce Affidavit of
Nonimmigrant Transitional Worker,
Form I–192. For filing an application for Financial Support and Intent to Petition
Form I–129CW. For an employer to
discretionary relief under section for Legal Custody for Public Law 97–359
petition on behalf of beneficiaries in the
212(d)(3), (13), or (14) of the Act, except Amerasian, Form I–363. No fee.
Commonwealth of the Northern Mariana
in an emergency case or where the (19) Record of Abandonment of
Islands (CNMI): $1,015.
(i) Additional fees in paragraph (c) of approval of the application is in the Lawful Permanent Resident Status,
this section may apply. interest of the U.S. Government: $1,100. Form I–407. No fee.
(ii) Semiannual Report for CW–1 (13) Application for Waiver of (20) Application to Register
Employers (Form I–129CWR): No fee. Passport and/or Visa, Form I–193. For Permanent Residence or Adjust Status,
(5) Petition for Alien Fiancé(e), Form filing an application for waiver of Form I–485. For filing an application for
I–129F. (i) For filing a petition to passport and/or visa: $695. permanent resident status or creation of
classify a nonimmigrant as a fiancée or (14) Application for Permission to a record of lawful permanent residence:
fiancé under section 214(d) of the Act: Reapply for Admission into the United $1,540. There is no fee for the following:
$720. States After Deportation or Removal, (i) An applicant who is in
(ii) For a K–3 spouse as designated in Form I–212. For filing an application for deportation, exclusion, or removal
8 CFR 214.1(a)(2) who is the beneficiary permission to reapply for admission by proceedings before an immigration
of an immigrant petition filed by a U.S. an excluded, deported, or removed judge, and the court waives the
citizen on a ‘‘Petition for Alien alien; an alien who has fallen into application fee.
Relative,’’ Form I–130: No fee. distress; an alien who has been removed (ii) An applicant who served
(6) Petition for Alien Relative, Form I– as an alien enemy; or an alien who has honorably on active duty in the U.S.
130. For filing a petition to classify been removed at Government expense: armed forces who is filing under section
status of a foreign national relative for $1,395. 101(a)(27)(K) of the Act.
issuance of an immigrant visa under (15) Notice of Appeal or Motion, Form (21) Application to Adjust Status
section 204(a) of the Act. I–290B. For appealing a decision under under Section 245(i) of the Act, Form I–
(i) When filed online: $710. the immigration laws in any type of 485 Supplement A. Supplement A to
(ii) When filed on paper: $820. proceeding over which the Board of Form I–485 for persons seeking to adjust
(7) Application for Travel Document, Immigration Appeals does not have status under the provisions of section
Form I–131. (i) Refugee Travel appellate jurisdiction, and for filing a 245(i) of the Act: A sum of $1,000 must
be paid while the applicant’s period on behalf of beneficiary birth application to overcome the grounds of
‘‘Application to Register Permanent siblings, no additional fee is required. inadmissibility of the Act if filed
Residence or Adjust Status’’ is pending, (30) Application for Advance concurrently with an application for
unless payment of the additional sum is Processing of an Orphan Petition, Form adjustment of status under the
not required under section 245(i) of the I–600A. For filing an application for provisions of the Act of October 28,
Act, including: determination of suitability and 1977, and of this part.
(i) If applicant is unmarried and eligibility to adopt an orphan: $920. (33) Application for Provisional
under 17 years of age: No fee. (31) Request for Action on Approved Unlawful Presence Waiver, Form I–
(ii) If the applicant is the spouse or Form I–600A/I–600, Form I–600A/I–600 601A. $1,105.
unmarried child under 21 years of age Supplement 3. $455. (34) Application by Refugee for
of a legalized alien and attaches a copy (i) This filing fee: Waiver of Grounds of Inadmissibility,
of a USCIS receipt or approval notice for (A) Is not charged if Form I–600A/I– Form I–602. No fee.
a properly filed Form I–817, 600 Supplement 3 is filed to obtain a (35) Application for Waiver of the
‘‘Application for Family Unity first-time extension of the approval of Foreign Residence Requirement (under
Benefits’’: No fee. the Form I–600A or to obtain a first-time Section 212(e) of the Immigration and
(22) Confirmation of Bona Fide Job change of non-Hague Adoption Nationality Act, as Amended), Form I–
Offer or Request for Job Portability Convention country during the Form I– 612. $1,100.
Under INA Section 204(j), Form I–485J. 600A approval period. (36) Application for Status as a
No fee. (B) Is charged if Form I–600A/I–600 Temporary Resident under Section
(23) Request for Waiver of Certain Supplement 3 is filed to request a new 245A of the Immigration and
Rights, Privileges, Exemptions, and approval notice based on a significant Nationality Act, Form I–687. $1,240.
Immunities, Form I–508. No fee. change and updated home study unless (37) Application for Waiver of
(24) Immigrant Petition by Standalone a first-time extension of the Form I– Grounds of Inadmissibility, Form I–690.
or Regional Center Investor, Forms I–526 600A approval or first-time change of For filing an application for waiver of a
and I–526E. (i) Immigrant Petition by non-Hague Adoption Convention ground of inadmissibility under section
Standalone Investor, Form I–526: country is also being requested on the 212(a) of the Act as amended, in
$11,160. same Supplement 3. conjunction with the application under
(ii) Immigrant Petition by Regional (C) Is charged for second or section 210 or 245A of the Act, or a
Center Investor, Form I–526E: $11,160. subsequent extensions of the approval petition under section 210A of the Act:
(25) Application To Extend/Change of the Form I–600A, second or $985.
Nonimmigrant Status, Form I–539. (i) subsequent changes of non-Hague (38) Report of Medical Examination
When filing online: $525. Adoption Convention country, requests and Vaccination Record (Form I–693).
(ii) When filing on paper: $620. for a new approval notice based on a No fee.
(iii) There is no fee for the following: significant change and updated home (39) Notice of Appeal of Decision
(A) Nonimmigrant A, G, and NATO; study, and requests for a duplicate under Sections 245A or 210 of the
(B) T nonimmigrant; and approval notice permitted with Form I– Immigration and Nationality Act (or a
(C) U nonimmigrant if filed before the 600A/I–600 Supplement 3 with the petition under section 210A of the Act),
petitioner files an Application to filing fee. Form I–694. For appealing the denial of
Register Permanent Residence or Adjust (ii) Form I–600A/I–600 Supplement 3 an application under section 210 or
Status (Form I–485). cannot be used to: 245A of the Act, or a petition under
(26) Interagency Record of Request— (A) Extend eligibility to proceed as a section 210A of the Act: $1,155.
A, G, or NATO Dependent Employment Hague Adoption Convention transition (40) Application to Adjust Status from
Authorization or Change/Adjustment case beyond the first extension once the Temporary to Permanent Resident
To/From A, G, or NATO Status, Form I– Convention enters into force for the new (Under Section 245A of the INA), Form
566. No fee. Convention country. I–698. For filing an application to adjust
(27) Application for Asylum and for (B) Request a change of country to a status from temporary to permanent
Withholding of Removal, Form I–589. Hague Adoption Convention transition resident (under section 245A of Pub. L.
No fee. country for purposes of becoming a 99–603): $1,670. The adjustment date is
(28) Registration for Classification as transition case if another country was the date of filing of the application for
a Refugee, Form I–590. No fee. already designated on the Form I–600A permanent residence or the applicant’s
(29) Petition to Classify Orphan as an or the applicant previously changed eligibility date, whichever is later.
Immediate Relative, Form I–600. For countries. (41) Refugee/Asylee Relative Petition,
filing a petition to classify an orphan as (iii) Form I–600A/I–600 Supplement 3 Form I–730. No fee.
an immediate relative for issuance of an may only be used to request an increase (42) Petition to Remove Conditions on
immigrant visa: $920. in the number of children the applicant/ Residence, Form I–751. For filing a
(i) There is no fee for the first Form petitioner is approved to adopt from a petition to remove the conditions on
I–600 filed for a child on the basis of an transition country if the additional child residence based on marriage: $1,195.
approved Application for Advance is a birth sibling of a child whom the (43) Application for Employment
Processing of an Orphan Petition, Form applicant/petitioner has adopted or is in Authorization, Form I–765. (i) When
I–600A, during the Form I–600A the process of adopting, as a transition filed online: $555.
approval or extended approval period. case, and is identified and petitioned for (ii) When filed on paper: $650.
(ii) Except as specified in paragraph while the Form I–600A approval is (iii) There is no fee for an initial
(a)(29)(iii) of this section, if more than valid, unless the new Convention Employment Authorization Document
one Form I–600 is filed during the Form country prohibits such birth sibling for the following:
I–600A approval period, the fee is $920 cases from proceeding as transition (A) An applicant who filed USCIS
for the second and each subsequent cases. Form I–485 on or after July 30, 2007,
Form I–600 petition submitted. (32) Application for Waiver of Ground and before [EFFECTIVE DATE OF THE
(iii) If more than one Form I–600 is of Inadmissibility, Form I–601. $1,050. FINAL RULE], and paid the Form I–485
filed during the Form I–600A approval No fee is required for filing an fee;
(B) Dependents of certain government filing an application for determination (iii) Request for Exemption for
and international organizations or of suitability and eligibility to adopt a Intending Immigrant’s Affidavit of
NATO personnel; child from a Hague Adoption Support, Form I–864W. No fee.
(C) N–8 (Parent of alien classed as Convention country: $920. (iv) Sponsor’s Notice of Change of
SK3) and N–9 (Child of N–8) (46) Request for Action on Approved Address, Form I–865. No fee.
nonimmigrants; Application for Determination of (54) Application for Suspension of
(D) Persons granted asylee status Suitability to Adopt a Child from a Deportation or Special Rule
(AS1, AS6); Convention Country, Form I–800A, Cancellation of Removal (Pursuant to
(E) Citizen of Micronesia, Marshall Supplement 3. $455. This filing fee: Section 203 of Pub. L. 105–100), Form
Islands, or Palau; (i) Is not charged if Form I–800A I–881. (i) $340 for adjudication by DHS.
(F) Granted Withholding of Supplement 3 is filed to obtain a first- (ii) $165 for adjudication by EOIR. If
Deportation or Removal; time extension of the approval of the the Form I–881 is referred to the
(G) Applicant for Asylum and Form I–800A or to obtain a first-time immigration court by DHS: No fee.
Withholding of Deportation or Removal change of Hague Adoption Convention (iii) If filing Form I–881 as a VAWA
including derivatives; country during the Form I–800A self-petitioner, including derivatives, as
(H) Taiwanese dependents of Taipei approval period. defined under section 101(a)(51)(F) of
Economic and Cultural Representative (ii) Is charged if Form I–800A the Act: No fee.
Office (TECRO) E–1 employees; and Supplement 3 is filed to request a new (55) Application for Authorization to
(I) Current or former U.S. armed approval notice based on a significant Issue Certification for Health Care
forces service members. change and updated home study unless Workers, Form I–905. $230.
(iv) Request for replacement a first-time extension of the Form I– (56) Request for Premium Processing
Employment Authorization Document 800A approval or first-time change of Service, Form I–907. The Request for
based on USCIS error: No fee. Hague Adoption Convention country is Premium Processing Service fee will be
(v) There is no fee for a renewal or as provided in § 106.4.
also being requested on the same
replacement Employment Authorization (57) Request for Civil Surgeon
Supplement 3.
Document for the following: Designation, Form I–910. $1,230.
(iii) Is $455 for second or subsequent
(A) Any current Adjustment of Status (58) Request for Fee Waiver, Form I–
extensions of the Form I–800A
or Registry applicant who filed for 912. No fee.
approval, second or subsequent changes
adjustment of status on or after July 30, (59) Application for T Nonimmigrant
of Hague Adoption Convention country,
2007, and before [EFFECTIVE DATE OF Status, Form I–914. No fee.
requests for a new approval notice based
THE FINAL RULE], and paid the (i) Supplement A to Form I–914,
on a significant change and updated
appropriate Form I–485 filing fee; Application for Immigrant Family
(B) Dependent of certain foreign home study, and requests for a duplicate
Member of a T–1 Recipient. No fee.
government, international organization, approval notice, permitted with the
(ii) Supplement B to Form I–914,
or NATO personnel; filing of a Form I–800A, Supplement 3
Declaration of Law Enforcement Officer
(C) Citizen of Micronesia, Marshall and the required filing fee.
for Victim of Trafficking in Persons. No
Islands, or Palau; and (47) Application for Family Unity
fee.
(D) Granted withholding of Benefits, Form I–817. For filing an (60) Petition for U Nonimmigrant
deportation or removal. application for voluntary departure Status, Form I–918. No fee.
(vi) There is no fee for the Application under the Family Unity Program: $875. (i) Supplement A to Form I–918,
for Employment Authorization for (48) Application for Temporary Petition for Qualifying Family Member
Abused Nonimmigrant Spouse, Form I– Protected Status, Form I–821. (i) For of U–1 Recipient. No fee.
765V. first time applicants: $50 or the (ii) Supplement B to Form I–918, U
(44) Petition to Classify Convention maximum permitted by section Nonimmigrant Status Certification. No
Adoptee as an Immediate Relative, 244(c)(1)(B) of the Act. fee.
Form I–800. For filing a petition to (ii) There is no fee for re-registration. (61) Petition for Qualifying Family
classify a Hague Convention adoptee as (iii) A Temporary Protected Status Member of a U–1 Nonimmigrant, Form
an immediate relative for issuance of an (TPS) applicant or re-registrant must I–929. For a principal U–1
immigrant visa. pay $30 for biometric services. nonimmigrant to request immigration
(i) There is no fee for the first Form (49) Consideration of Deferred Action benefits on behalf of a qualifying family
I–800 filed for a child on the basis of an for Childhood Arrivals, Form I–821D. member who has never held U
approved Application for Determination $85. nonimmigrant status: $270.
of Suitability to Adopt a Child from a (50) Application for Action on an (62) Application for Entrepreneur
Convention Country, Form I–800A, Approved Application or Petition, Form Parole, Form I–941. For filing an
during the Form I–800A approval I–824. $675. application for parole for an
period. (51) Petition by Investor to Remove entrepreneur: $1,200.
(ii) Except as specified in paragraph Conditions on Permanent Resident (63) Request for Reduced Fee, Form I–
(a)(44)(iii) of this section, if more than Status, Form I–829. $9,525. 942. Requesting a reduced fee for the
one Form I–800 is filed during the Form (52) Inter-Agency Alien Witness and naturalization application Form N–400:
I–800A approval period, the fee is $920 Informant Record, Form I–854. No fee. No fee.
for the second and each subsequent (53) Affidavit of Support Under (64) Application for Regional Center
Form I–800 petition submitted. Section 213A of the INA, Form I–864. Designation, Form I–956. $47,695.
(iii) If more than one Form I–800 is No fee. (65) Application for Approval of
filed during the Form I–800A approval (i) Contract Between Sponsor and Investment in a Commercial Enterprise,
period on behalf of beneficiary birth Household Member, Form I–864A. No Form I–956F. $47,695.
siblings, no additional fee is required. fee. (66) Regional Center Annual
(45) Application for Determination of (ii) Affidavit of Support Under Statement, Form I–956G. To provide
Suitability to Adopt a Child from a Section 213A of the INA, Form I–864EZ. updated information and certify that a
Convention Country, Form I–800A. For No fee. Regional Center under the Immigrant
Investor Program has maintained its required documents after an immigrant registration is not selected or is
eligibility: $4,470. visa is issued by the U.S. Department of withdrawn.
(b) N Forms—(1) Monthly Report on State: $235. (12) Request for Certificate of Non-
Naturalization Papers, Form N–4. No (4) American Competitiveness and Existence, G–1566. $330. For a
fee. Workforce Improvement Act (ACWIA) certification of non-existence of a
(2) Application to File Declaration of fee. For filing certain H–1B petitions as naturalization record.
Intention, Form N–300. $320. described in 8 CFR 214.2(h)(19) and (13) Asylum Program Fee. $600. The
(3) Request for a Hearing on a USCIS form instructions: $1,500 or Asylum Program Fee must be paid by
Decision in Naturalization Proceedings $750. any petitioner filing a Petition or
(under section 336 of the Act), Form N– (5) Fraud detection and prevention Application for a Nonimmigrant
336. $830. There is no fee for an fee. (i) For filing certain H–1B and L Worker, Form I–129, Petition for a
applicant who has filed an Application petitions as described in 8 U.S.C. CNMI-Only Nonimmigrant Transitional
for Naturalization under section 328 or 1184(c) and USCIS form instructions: Worker, Form I–129CW, or an
329 of the Act with respect to military $500. Immigrant Petition for Alien Worker,
service and whose application has been (ii) For filing certain H–2B petitions Form I–140.
denied. as described in 8 U.S.C. 1184(c) and (d) Inflationary adjustment. The fees
(4) Application for Naturalization, USCIS form instructions: $150. prescribed in this section may be
Form N–400. $760. With the following (6) Fraud detection and prevention fee adjusted once per year by publication of
exceptions: for CNMI. For employer petitions in a rule in the Federal Register based on
(i) No fee is charged an applicant who CNMI as described in Public Law 115– the amount of inflation as measured by
meets the requirements of section 328 or 218 and USCIS form instructions: $50. the difference in the CPI–U as published
329 of the Act with respect to military (7) CNMI education funding fee. The by the U.S. Department of Labor, U.S.
service. fee amount will be as prescribed in the Bureau of Labor Statistics in [MONTH
(ii) The fee for an applicant with an form instructions and: FINAL RULE IS EFFECTIVE] of the year
approved Request for Reduced Fee, (i) The fee amount must be paid in of the last fee rule and the year of the
Form I–942, whose documented income addition to, and in a separate remittance adjustment under this section. The fee
is less than 200 percent of the Federal from, other filing fees; calculated under this paragraph (d) will
poverty level: $380. (ii) Every employer who is issued a
(5) Request for Certification of be rounded to the nearest $5 increment.
permit must pay the education funding
Military or Naval Service, Form N–476. fee every year; § 106.3 Fee waivers and exemptions.
No fee. (iii) An employer who is issued a (a) Waiver of fees—(1) Eligibility for a
(6) Application to Preserve Residence permit with a validity period of longer fee waiver. Discretionary waiver of the
for Naturalization Purposes, Form N– than 1 year must pay the fee for each fees provided in paragraph (b)(1)(i) of
470. $420. year of requested validity at the time the this section are limited as follows:
(7) Application for Replacement permit is requested; and (i) The party requesting the benefit is
Naturalization/Citizenship Document, (iv) Beginning in FY 2020, the fee may unable to pay the prescribed fee.
Form N–565. $555. There is no fee when be adjusted once per year by notice in (ii) A waiver based on inability to pay
this application is submitted under 8 the Federal Register based on the is consistent with the status or benefit
CFR 338.5(a) or 343a.1 to request amount of inflation according to the sought, including benefits that require
correction of a certificate that contains Consumer Price Index for All Urban demonstration of the applicant’s ability
an error. Consumers (CPI–U) since the fee was set to support himself or herself, or
(8) Application for Certificate of by law at $200 on July 24, 2018.
Citizenship, Form N–600. $1,385. There individuals who seek immigration
(8) 9–11 response and biometric entry- status based on a substantial financial
is no fee for any application filed by a exit fee for H–1B Visa. For certain
current or former member of any branch investment.
petitioners who employ 50 or more (2) Requesting a fee waiver. A person
of the U.S. armed forces on their own employees in the United States if more must submit a request for a fee waiver
behalf. than 50 percent of the petitioner’s
(9) Application for Citizenship and on the form prescribed by USCIS in
employees are in H–1B, L–1A, or L–1B accordance with the instructions on the
Issuance of Certificate Under Section nonimmigrant status: $4,000. Collection form.
322, Form N–600K. $1,385. of this fee is scheduled to end on
(10) Application for Posthumous (3) USCIS fees that may be waived.
September 30, 2027. Only the following fees may be waived:
Citizenship, Form N–644. No fee.
(9) 9–11 response and biometric entry- (i) The following fees for the
(11) Medical Certification for
exit fee for L–1 Visa. For certain following forms may be waived without
Disability Exceptions, Form N–648. No
petitioners who employ 50 or more condition:
fee.
(c) G Forms, statutory fees, and non- employees in the United States, if more (A) Application to Replace Permanent
form fees—(1) Genealogy Index Search than 50 percent of the petitioner’s Resident Card (Form I–90);
Request, Form G–1041. The fee is due employees are in H–1B, L–1A, or L–1B (B) Application for Relief Under
regardless of the search results. nonimmigrant status: $4,500. This fee Former Section 212(c) of the
(i) When filed online: $100. will be collected through September 29, Immigration and Nationality Act (Form
(ii) When filed on paper: $120. 2027. I–191);
(2) Genealogy Records Request, Form (10) Claimant under section 289 of the (C) Petition to Remove the Conditions
G–1041A. USCIS will refund the records Act. No fee. of Residence (Form I–751);
request fee when it is unable to locate (11) Registration requirement for (D) Application for Family Unity
any file previously identified in petitioners seeking to file H–1B petitions Benefits (Form I–817);
response to the index search request. on behalf of cap-subject aliens. For each (E) Application for Temporary
(i) When filed online: $240. registration submitted to register for the Protected Status (Form I–821);
(ii) When filed on paper: $260. H–1B cap or advanced degree (F) Application for Suspension of
(3) USCIS immigrant fee. For DHS exemption selection process: $215. This Deportation or Special Rule
domestic processing and issuance of fee will not be refunded if the Cancellation of Removal (Form I–881)
(pursuant to section 203 of Pub. L. 105– public charge grounds of inadmissibility motion or appeal filed for an
110); under section 212(a)(4) of the Act, 8 Application to Register Permanent
(G) Application to File Declaration of U.S.C. 1182(a)(4): Residence or Adjust Status (Form I–485)
Intention (Form N–300); (A) Application for Advance if applicable.
(H) Request for a Hearing on a Permission to Enter as Nonimmigrant (v) Application to Register Permanent
Decision in Naturalization Proceedings (Form I–192); Residence or Adjust Status (Form I–
(Form N–336) (under section 336 of the (B) Application for Waiver for 485).
INA); Passport and/or Visa (Form I–193); (vi) Application to Extend/Change
(I) Application for Naturalization (C) Application to Register Permanent Nonimmigrant Status (Form I–539).
(Form N–400); Residence or Adjust Status (Form I– (vii) Application for Waiver of
(J) Application to Preserve Residence 485); and Ground of Inadmissibility (Form I–601).
for Naturalization Purposes (N–470); (D) Application for Waiver of Grounds (viii) Application for Employment
(K) Application for Replacement of Inadmissibility (Form I–601). Authorization (Form I–765).
Naturalization/Citizenship Document (4) Immigration Court fees. The (3) Persons seeking or granted special
(N–565); provisions relating to the authority of immigrant visa or status as Afghan or
(L) Application for Certificate of the immigration judges or the Board to Iraqi translators or interpreters, Iraqi
Citizenship (N–600); and waive fees prescribed in paragraph (b) of nationals employed by or on behalf of
(M) Application for Citizenship and this section in cases under their the U.S. Government, or Afghan
Issuance of Certificate under section 322 jurisdiction can be found at 8 CFR nationals employed by or on behalf of
of the Act (N–600K). 1003.8 and 1003.24. the U.S. Government or employed by
(ii) The following form fees may be (5) Fees under the Freedom of the ISAF and their derivative
waived based on the conditions Information Act (FOIA). FOIA fees may beneficiaries, who file the following
described in paragraphs (a)(3)(ii)(A) be waived or reduced if DHS determines forms related to the Special Immigrant
through (F) of this section: that such action would be in the public classification or adjustment of status
(A) Petition for a CNMI-Only interest because furnishing the pursuant to such classification:
Nonimmigrant Transitional Worker, or information can be considered as (i) Application for Travel Document
an Application to Extend/Change primarily benefiting the general public. (Form I–131).
Nonimmigrant Status (Form I–539), only (b) Humanitarian fee exemptions. (ii) Application for Permission to
in the case of a noncitizen applying for Persons in the following categories are Reapply for Admission into the U.S.
CW–2 nonimmigrant status; exempt from paying certain fees as After Deportation or Removal (Form I–
(B) Application for Travel Document follows: 212).
(Form I–131), when filed to request (iii) Notice of Appeal or Motion (Form
(1) Persons seeking or granted Special
humanitarian parole; I–290B), if filed for any benefit request
Immigrant Juvenile classification who
(C) Notice of Appeal or Motion (Form filed before adjustment of status or a
file the following forms related to the
I–290B), when there is no fee for the motion filed for an Application to
Special Immigrant Juvenile
underlying application or petition or Register Permanent Residence or Adjust
classification or adjustment of status
that fee may be waived; Status (Form I–485).
pursuant to section 245(h) of the Act, 8 (iv) Application to Register Permanent
(D) Notice of Appeal of Decision U.S.C. 1255(h):
Under Sections 245A or 210 of the Residence or Adjust Status (Form I–
(i) Application for Travel Document 485).
Immigration and Nationality Act (Form (Form I–131). (v) Application for Waiver of Ground
I–694), if the underlying application or (ii) Notice of Appeal or Motion (Form of Inadmissibility (Form I–601).
petition was fee exempt, the filing fee I–290B), if filed for any benefit request (vi) Application for initial
was waived, or was eligible for a fee filed before adjustment of status or a Employment Authorization (Form I–
waiver; motion filed for an Application to 765).
(E) Application for Employment Register Permanent Residence or Adjust (4) Persons seeking or granted
Authorization (Form I–765), except Status (Form I–485). adjustment of status as abused spouses
persons filing under category (c)(33), (iii) Application to Register and children under the Cuban
Deferred Action for Childhood Arrivals Permanent Residence or Adjust Status Adjustment Act (CAA) and the Haitian
(DACA); and (Form I–485). Refugee Immigration Fairness Act
(F) Petition for Nonimmigrant Worker (iv) Application for Waiver of Ground (HRIFA) are exempt from paying the
(Form I–129) or Application to Extend/ of Inadmissibility (Form I–601). following fees for forms related to those
Change Nonimmigrant Status (Form I– (v) Application for Employment benefits:
539), only in the case of an alien Authorization (Form I–765). (i) Application for Travel Document
applying for E–2 CNMI Investor for an (2) Persons seeking or granted T (Form I–131).
extension of stay. nonimmigrant status who file the (ii) Application for Permission to
(iii) Any fees associated with the following forms related to the T Reapply for Admission into the U.S.
filing of any benefit request under 8 nonimmigrant classification or After Deportation or Removal (Form I–
U.S.C. 1101(a)(51) and those otherwise adjustment of status pursuant to INA 212).
self-petitioning under 8 U.S.C. section 245(l), 8 U.S.C. 1255(l): (iii) Notice of Appeal or Motion (Form
1154(a)(1) (VAWA self-petitioners), 8 (i) Application for Travel Document I–290B), if filed for any benefit request
U.S.C. 1101(a)(15)(T) (T visas), 8 U.S.C. (Form I–131). filed before adjustment of status or a
1101(a)(15)(U) (U visas), 8 U.S.C. 1105a (ii) Application for Advance motion filed for an Application to
(battered spouses of A, G, E–3, or H Permission to Enter as a Nonimmigrant Register Permanent Residence or Adjust
nonimmigrants), 8 U.S.C. 1229(b)(2) (Form I–192). Status (Form I–485).
(special rule cancellation for battered (iii) Application for Waiver of (iv) Application to Register Permanent
spouse or child), and 8 U.S.C. 1254a(a) Passport and/or Visa (Form I–193). Residence or Adjust Status (Form I–
(Temporary Protected Status). (iv) Notice of Appeal or Motion (Form 485).
(iv) The following fees may be waived I–290B), if filed for any benefit request (v) Application for Waiver of Ground
only if the person is exempt from the filed before adjustment of status or a of Inadmissibility (Form I–601).
(vi) Application for Employment (7) Abused spouses and children immigration benefit request, all required
Authorization (Form I–765). applying for benefits under the fees in the correct amount must be paid.
(5) Persons seeking U nonimmigrant Nicaraguan Adjustment and Central The fee to request premium processing
status who file the following forms American Relief Act (NACARA) are service may not be waived and must be
related to the U nonimmigrant status are exempt from paying the following fees paid in addition to other filing fees.
exempt from paying fees if filed before for forms related to the benefit: USCIS may require the premium
the petitioner files an Application to (i) Application for Suspension of processing service fee be paid in a
Register Permanent Residence or Adjust Deportation or Special Rule separate remittance from other filing
Status (Form I–485): Cancellation of Removal (Pursuant to fees and preclude combined payments
(i) Application for Advance Section 203 of Public Law 105–100 in the applicable form instructions.
Permission to Enter as a Nonimmigrant (NACARA)) (Form I–881). (c) Designated benefit requests and fee
(Form I–192). (ii) Application for Waiver of Grounds amounts. Benefit requests designated for
(ii) Application for Waiver of Passport of Inadmissibility (Form I–601). premium processing and the
and/or Visa (Form I–193). (iii) Application for Employment corresponding fees to request premium
(iii) Notice of Appeal or Motion (Form Authorization (Form I–765) submitted processing service are as follows:
I–290B). under 8 CFR 274a.12(c)(10). (1) Application for classification of a
(iv) Application to Extend/Change (8) Battered spouses and children of a nonimmigrant described in section
Nonimmigrant Status (Form I–539). lawful permanent resident (LPR) or U.S. 101(a)(15)(E)(i), (ii), or (iii) of the INA,
(v) Application for Employment citizen applying for cancellation of 8 U.S.C. 1101(a)(15)(E)(i), (ii), or (iii):
Authorization (Form I–765) for their removal and adjustment of status under $2,500.
initial request for principals and section 240A(b)(2) of the Act are exempt (2) Petition for classification of a
derivatives submitted under 8 CFR from paying the following fees for forms nonimmigrant described in section
274a.12(a)(19) and (20) and (c)(14). related to the benefit: 101(a)(15)(H)(i)(b) of the INA, 8 U.S.C.
(6) Person seeking or granted
(i) Application for Waiver of Ground 1101(a)(15)(H)(i)(b), or section 222(a) of
immigrant classification as VAWA self-
of Inadmissibility (Form I–601). the Immigration Act of 1990, Public Law
petitioners and derivatives as defined in
(ii) Application for Employment 101–649: $2,500.
section 101(a)(51)(A) and (B) of the Act
Authorization (Form I–765) for their (3) Petition for classification of a
or those otherwise self-petitioning for
initial request under 8 CFR nonimmigrant described in section
immigrant classification under section
274a.12(c)(10). 101(a)(15)(H)(ii)(b) of the INA, 8 U.S.C.
204(a)(1) of the Act, 8 U.S.C. 1154(a)(1),
(9) Refugees, persons paroled as 1101(a)(15)(H)(ii)(b): $1,500.
are exempt from paying the following
refugees, or lawful permanent residents (4) Petition for classification of a
fees for forms related to the benefit:
(i) When the Petition for Amerasian, who obtained such status as refugees in nonimmigrant described in section
Widow(er), or Special Immigrant (Form the United States are exempt from 101(a)(15)(H)(iii) of the INA, 8 U.S.C.
I–360) and Application to Register paying the following fees: 1101(a)(15)(H)(iii): $2,500.
(i) Application for Travel Document (5) Petition for classification of a
Permanent Residence or Adjust Status
(Form I–485) are concurrently filed or (Form I–131). nonimmigrant described in section
(ii) Application for Carrier 101(a)(15)(L) of the INA, 8 U.S.C.
pending:
(A) Application for Travel Document Documentation (Form I–131A). 1101(a)(15(L): $2,500.
(Form I–131). (iii) Application for Employment (6) Petition for classification of a
(B) Application for Permission to Authorization (Form I–765). nonimmigrant described in section
Reapply for Admission into the U.S. (iv) Application to Register Permanent 101(a)(15)(O)(i) or (ii) of the INA, 8
After Deportation or Removal (Form I– Residence or Adjust Status (Form I– U.S.C. 1101(a)(15)(O)(i): $2,500.
212). 485). (7) Petition for classification of a
(C) Notice of Appeal or Motion (Form (c) Director’s waiver or exemption nonimmigrant described in section
I–290B) if filed for any benefit request exception. The Director of USCIS may 101(a)(15)(P)(i), (ii), or (iii) of the INA,
filed before adjustment of status or a authorize the waiver of or exemption 8 U.S.C. 1101(a)(15)(P)(i): $2,500.
motion filed for an Application to from, in whole or in part, a form fee (8) Petition for classification of a
Register Permanent Residence or Adjust required by § 106.2 that is not otherwise nonimmigrant described in section
Status (Form I–485). waivable under this section, if the 101(a)(15)(Q) of the INA, 8 U.S.C.
(D) Application for Waiver of Grounds Director determines that such action is 1101(a)(15)(Q): $2,500.
of Inadmissibility (Form I–601). in the public interest and consistent (9) Petition for classification of a
(E) Application for Employment with the applicable law. This nonimmigrant described in section
Authorization (Form I–765) for initial discretionary authority may be 101(a)(15)(R) of the INA, 8 U.S.C.
requests submitted under 8 CFR delegated only to the USCIS Deputy 1101(a)(15)(R): $1,500.
274a.12(c)(9) and (14) and section Director. (10) Application for classification of a
204(a)(1)(K) of the Act. nonimmigrant described in section
(ii) When the Petition for Amerasian, § 106.4 Premium processing service. 214(e) of the INA, 8 U.S.C. 1184(e):
Widow(er), or Special Immigrant (Form (a) General. A person may submit a $2,500.
I–360) is filed as a standalone self- request to USCIS for premium (11) Petition for classification under
petition: processing of certain immigration section 203(b)(1)(A) of the INA, 8 U.S.C.
(A) Notice of Appeal or Motion (Form benefit requests, subject to processing 1153(b)(1)(A): $2,500.
I–290B) for a motion or appeal of a timeframes and fees, as described in this (12) Petition for classification under
Petition for Amerasian, Widow(er), or section. section 203(b)(1)(B) of the INA, 8 U.S.C.
Special Immigrant (Form I–360). (b) Submitting a request. A request 1153(b)(1)(B): $2,500.
(B) Application for Employment must be submitted on the form and in (13) Petition for classification under
Authorization (Form I–765) for initial the manner prescribed by USCIS in the section 203(b)(2)(A) of the INA, 8 U.S.C.
requests submitted under 8 CFR form instructions. If the request for 1153(b)(2)(A) not involving a waiver
274a.12(c)(14) and section 204(a)(1)(K) premium processing is submitted under section 203(b)(2)(B) of the INA, 8
of the Act, 8 U.S.C 1154(a)(1)(K). together with the underlying U.S.C. 1153(b)(2)(B): $2,500.
(14) Petition for classification under (6) Petition for classification of a of the benefit for which premium
section 203(b)(3)(A)(i) of the INA, 8 nonimmigrant described in section processing is sought will take place.
U.S.C. 1153(b)(3)(A)(i): $2,500. 101(a)(15)(O)(i) or (ii) of the INA: 15 (f) Processing requirements and
(15) Petition for classification under business days. refunds. (1) USCIS will issue an
section 203(b)(3)(A)(ii) of the INA, 8 (7) Petition for classification of a approval notice, denial notice, a notice
U.S.C. 1153(b)(3)(A)(ii): $2,500. nonimmigrant described in section of intent to deny, or a request for
(16) Petition for classification under 101(a)(15)(P)(i), (ii), or (iii) of the INA: evidence within the premium
section 203(b)(3)(A)(iii) of the INA, 8 15 business days. processing timeframe.
U.S.C. 1153(b)(3)(A)(iii): $2,500. (8) Petition for classification of a (2) Premium processing timeframes
(17) Petition for classification under nonimmigrant described in section will commence:
section 203(b)(1)(C) of the INA, 8 U.S.C. 101(a)(15)(Q) of the INA: 15 business
(i) For those benefits described in
1153(b)(1)(C): $2,500. days.
(9) Petition for classification of a paragraphs (e)(1) through (16) of this
(18) Petition for classification under section, on the date the form prescribed
section 203(b)(2) of the INA, 8 U.S.C. nonimmigrant described in section
101(a)(15)(R) of the INA: 15 business by USCIS, together with the required
1153(b)(2), involving a waiver under fee(s), are received by USCIS.
section 203(b)(2)(B) of the INA, 8 U.S.C. days.
(10) Application for classification of a (ii) For those benefits described in
1153(b)(2)(B): $2,500.
nonimmigrant described in section paragraphs (e)(17) through (21) of this
(19) Application under section 248 of section, on the date that all prerequisites
the INA, 8 U.S.C. 1258, to change status 214(e) of the INA: 15 business days.
(11) Petition for classification under for adjudication, the form prescribed by
to a classification described in section USCIS, and fee(s) are received by
101(a)(15)(F), (J), or (M) of the INA, 8 section 203(b)(1)(A) of the INA: 15
business days. USCIS.
U.S.C. 1101(a)(15)(F), (J), or (M): $1,750.
(20) Application under section 248 of (12) Petition for classification under (3) In the event USCIS issues a notice
the INA, 8 U.S.C. 1258, to change status section 203(b)(1)(B) of the INA: 15 of intent to deny or a request for
to be classified as a dependent of a business days. evidence, the premium processing
(13) Petition for classification under timeframe will stop and will
nonimmigrant described in section
section 203(b)(2)(A) of the INA not recommence with a new timeframe as
101(a)(15)(E), (H), (L), (O), (P), or (R) of
involving a waiver under section specified in paragraphs (e)(1) through
the INA, 8 U.S.C. 1101(a)(15)(E), (H),
203(b)(2)(B) of the INA: 15 business (21) of this section on the date that
(L), (O), (P), or (M), or to extend stay in
days. USCIS receives a response to the notice
such classification: $1,750.
(14) Petition for classification under of intent to deny or the request for
(21) Application for employment
section 203(b)(3)(A)(i) of the INA: 15 evidence.
authorization: $1,500.
business days. (4) Except as provided in paragraph
(d) Fee adjustments. The fee to (15) Petition for classification under
request premium processing service (f)(5) of this section, USCIS will refund
section 203(b)(3)(A)(ii) of the INA: 15 the premium processing service fee but
may be adjusted by notification in the business days.
Federal Register on a biennial basis continue to process the case if USCIS
(16) Petition for classification under does not take adjudicative action
based on the percentage by which the section 203(b)(3)(A)(iii) of the INA: 15
Consumer Price Index for All Urban described in paragraph (f)(1) of this
business days. section within the applicable processing
Consumers for the month of June (17) Petition for classification under
preceding the date on which such timeframe as required in paragraph (e)
section 203(b)(1)(C) of the INA: 45 of this section.
adjustment takes effect exceeds the business days.
Consumer Price Index for All Urban (5) USCIS may retain the premium
(18) Petition for classification under
Consumers for the same month of the processing fee and not take an
section 203(b)(2) of the INA involving a
second preceding calendar year. adjudicative action described in
waiver under section 203(b)(2)(B) of the
(e) Processing timeframes. The paragraph (f)(1) of this section on the
INA: 45 business days.
processing timeframes for a request for (19) Application under section 248 of request within the applicable processing
premium processing are as follows: the INA to change status to a timeframe, and not notify the person
(1) Application for classification of a classification described in section who filed the request, if USCIS opens an
nonimmigrant described in section 101(a)(15)(F), (J), or (M) of the INA: 30 investigation for fraud or
101(a)(15)(E)(i), (ii), or (iii) of the INA: business days. misrepresentation relating to the
15 business days. (20) Application under section 248 of immigration benefit request.
(2) Petition for classification of a the INA to change status to be classified (g) Availability. (1) USCIS will
nonimmigrant described in section as a dependent of a nonimmigrant announce by its official internet
101(a)(15)(H)(i)(b) of the INA or section described in section 101(a)(15)(E), (H), website, currently https://
222(a) of the Immigration Act of 1990, (L), (O), (P), or (R) of the INA, or to www.uscis.gov, the benefit requests
Public Law 101–649: 15 business days. extend stay in such classification: 30 described in paragraph (c) of this
(3) Petition for classification of a business days. section for which premium processing
nonimmigrant described in section (21) Application for employment may be requested, the dates upon which
101(a)(15)(H)(ii)(b) of the INA: 15 authorization: 30 business days. such availability commences or ends, or
business days. (22) For the purpose of this section a any conditions that may apply.
(4) Petition for classification of a business day is a day that the Federal (2) USCIS may suspend the
nonimmigrant described in section Government is open for business, and availability of premium processing for
101(a)(15)(H)(iii) of the INA: 15 business does not include weekends, federally immigration benefit requests designated
days. observed holidays, or days on which for premium processing if
(5) Petition for classification of a Federal Government offices are closed, circumstances prevent the completion
nonimmigrant described in section such as for weather-related or other of processing of a significant number of
101(a)(15)(L) of the INA: 15 business reasons. The closure may be nationwide such requests within the applicable
days. or in the region where the adjudication processing timeframe.
§ 106.5 Authority to certify records. must be accompanied by a certified each of the additional children, to the
The Director of USCIS, or such English translation. If an orphan has maximum number approved.
officials as he or she may designate, may been identified for adoption and the (iv) It does not guarantee that the
certify records when authorized under 5 advanced processing application is orphan petition will be approved.
U.S.C. 552 or any other law to provide pending, the prospective adoptive * * * * *
such records. parents may file the orphan petition at (7) Advanced processing application
the USCIS office where the application deemed abandoned for failure to file
§ 106.6 DHS severability. is pending. The prospective adoptive orphan petition within the approval
The provisions of this part are parents who have an approved validity period of the advanced
separate and severable from one advanced processing application must processing application. If an orphan
another. If any provision is stayed or file an orphan petition and all petition is not properly filed within 15
determined to be invalid, the remaining supporting documents within 15 months of the approval date of the
provisions will continue in effect. months of the date of the approval of the advanced processing application:
advanced processing application. If the (i) The application will be deemed
PART 204—IMMIGRANT PETITIONS prospective adoptive parents fail to file abandoned;
■ 7. The authority citation for part 204 the orphan petition within the approval (ii) Supporting documentation will be
continues to read as follows: validity period of the advanced returned to the prospective adoptive
processing application, the advanced parents, except for documentation
Authority: 8 U.S.C. 1101, 1103, 1151,
1153, 1154, 1182, 1184, 1186a, 1255, 1324a, processing application will be deemed submitted by a third party which will be
1641; 8 CFR part 2. abandoned pursuant to paragraph (h)(7) returned to the third party, and
of this section. If the prospective documentation relating to the biometric
■ 8. Section 204.3 is amended by: adoptive parents file the orphan petition
■ a. Revising and republishing the checks;
after the approval period of the (iii) The director will dispose of
definitions of ‘‘Advanced processing advanced processing application has documentation relating to biometrics
application’’ and ‘‘Orphan petition’’ in expired, the petition will be denied checks in accordance with current
paragraph (b); pursuant to paragraph (h)(13) of this
■ b. Revising and republishing
policy; and
section. Prospective adoptive parents (iv) Such abandonment will be
paragraph (d) introductory text; and
who do not have an advanced without prejudice to a new filing at any
■ c. Revising paragraphs (h)(3), (7), (13),
processing application approved or time with fee.
and (14).
The revisions and republications read pending may file the application and * * * * *
as follows: petition concurrently on one Form I– (13) Orphan petition denied:
600 if they have identified an orphan for petitioner files orphan petition after the
§ 204.3 Orphan cases under section adoption. An orphan petition must be approval of the advanced processing
101(b)(1)(F) of the Act (non-Hague Adoption accompanied by full documentation as application has expired. If the petitioner
Convention cases). follows: files the orphan petition after the
* * * * * * * * * * advanced processing application has
(b) * * * (h) * * * expired, the petition will be denied.
Advanced processing application (3) Advanced processing application This action will be without prejudice to
means Form I–600A (Application for approved. If the advanced processing a new filing at any time with fee.
Advanced Processing of Orphan application is approved: (14) Revocation. (i) The approval of an
Petition) completed in accordance with (i) The prospective adoptive parents advanced processing application or an
the form’s instructions and submitted will be advised in writing. A notice of orphan petition shall be automatically
with the required supporting approval expires 15 months after the revoked in accordance with 8 CFR 205.1
documentation and the fee as required date on which USCIS received the if an applicable reason exists. The
in 8 CFR 106.2. The application must be Federal Bureau of Investigation (FBI) approval of an advanced processing
signed in accordance with the form’s response on the applicant’s, and any application or an orphan petition shall
instructions by the married petitioner additional adult member of the be revoked if the director becomes
and spouse, or by the unmarried household’s, biometrics, unless aware of information that would have
petitioner. approval is revoked. If USCIS received resulted in denial had it been known at
* * * * * the responses on different days, the 15- the time of adjudication. Such a
Orphan petition means Form I–600 month period begins on the earliest revocation or any other revocation on
(Petition to Classify Orphan as an response date. The notice of approval notice shall be made in accordance with
Immediate Relative). The petition must will specify the expiration date. 8 CFR 205.2.
be completed in accordance with the (ii) USCIS may extend the validity (ii) The approval of a Form I–600A or
form’s instructions and submitted with period for the approval of a Form I– Form I–600 combination filing is
the required supporting documentation 600A if requested in accordance with 8 automatically revoked if before the final
and, if there is not a pending, or CFR 106.2(a)(31). An applicant may not decision on a beneficiary’s application
currently valid and approved advanced file a Form I–600A Supplement 3 for admission with an immigrant visa or
processing application, the fee as seeking extension of an approval notice for adjustment of status:
required in 8 CFR 106.2. The petition more than 90 days before the expiration (A) The marriage of the applicant
must be signed in accordance with the of the validity period for the Form I– terminates; or
form’s instructions by the married 600A approval but must do so on or (B) An unmarried applicant marries.
petitioner and spouse, or the unmarried before the date on which the validity (iii) Revocation is without prejudice
petitioner. period expires if the applicant seeks an to the filing of a new Form I–600A or
* * * * * extension. Form I–600 combination filing, with fee,
(d) Supporting documentation for a (iii) If the Form I–600A approval is for accompanied by a new or updated home
petition for an identified orphan. Any more than one orphan, the prospective study, reflecting the change in marital
document not in the English language adoptive parents may file a petition for status. If a Form I–600 had already been
filed based on the approval of the prior 800 in accordance with the instructions eligibility as provided in paragraph
Form I–600A, a new Form I–600 must that accompany the Form I–800 and (c)(2) of this section.
also be filed with the new Form I–600A sign the Form I–800 personally. In the * * * * *
under this paragraph (h)(14). The new case of a married petitioner, one spouse (e) Collection of biometric
Form I–600 will be adjudicated only if cannot sign for the other, even under a information. An alien seeking an initial
the new Form I–600A is approved. power of attorney or similar agency grant of parole or re-parole will be
* * * * * arrangement. The petitioner may then required to submit biometric
■ 9. Section 204.5 is amended by file the Form I–800 with the stateside or information. An alien seeking re-parole
republishing paragraphs (p)(4) heading overseas USCIS office or the visa issuing may be required to submit biometric
and (p)(4)(i) to read as follows: post that has jurisdiction under information.
§ 204.308(b) to adjudicate the Form I– * * * * *
§ 204.5 Petitions for employment-based 800, together with the evidence (h) * * *
immigrants. specified in this section and the filing (1) The entrepreneur’s spouse and
* * * * * fee specified in 8 CFR 106.2, if more children who are seeking parole as
(p) * * * than one Form I–800 is filed for derivatives of such entrepreneur must
(4) Application for employment children who are not birth siblings. individually file Form I–131,
authorization. (i) To request * * * * * Application for Travel Document. Such
employment authorization, an eligible application must also include evidence
applicant described in paragraph (p)(1), PART 212—DOCUMENTARY that the derivative has a qualifying
(2), or (3) of this section must: REQUIREMENTS: NONIMMIGRANTS; relationship to the entrepreneur and
(A) File an application for WAIVERS; ADMISSION OF CERTAIN otherwise merits a grant of parole in the
employment authorization (Form I– INADMISSIBLE ALIENS; PAROLE exercise of discretion. Such spouse or
765), with USCIS, in accordance with 8 child will be required to appear for
CFR 274a.13(a) and the form ■ 12. The authority citation for part 212 collection of biometrics in accordance
instructions. is revised to read as follows: with the form instructions or upon
(B) Submit biometric information as request.
Authority: 6 U.S.C. 111, 202(4) and 271;
may be provided in the applicable form 8 U.S.C. 1101 and note, 1102, 1103, 1182 and * * * * *
instructions. note, 1184, 1185 note (sec. 7209, Pub. L. 108– (j) Reporting of material changes. An
* * * * * 458, 118 Stat. 3638), 1187, 1223, 1225, 1226, alien granted parole under this section
■ 10. Section 204.312 is amended by 1227, 1255, 1359; 8 CFR part 2. Section must immediately report any material
revising and republishing paragraph 212.1(q) also issued under sec. 702, Pub. L.
change(s) to USCIS. If the entrepreneur
(e)(3)(i) and paragraph (e)(3)(ii) 110–229, 122 Stat. 754, 854.
will continue to be employed by the
introductory text to read as follows: ■ 13. Section 212.19 is amended by start-up entity and maintain a qualifying
§ 204.312 Adjudication of the Form I–800A. revising and republishing paragraphs ownership interest in the start-up entity,
(b)(1), (c)(1), (e), (h)(1), and (j) to read as the entrepreneur must submit a form
* * * * *
follows: prescribed by USCIS, with any
(e) * * *
(3)(i) If the 15-month validity period applicable fee in accordance with the
§ 212.19 Parole for entrepreneurs.
for a Form I–800A approval is about to form instructions to notify USCIS of the
* * * * * material change(s). The entrepreneur
expire, the applicant:
(A) May file Form I–800A (b) * * * parolee must immediately notify USCIS
Supplement 3 as described in 8 CFR (1) Filing of initial parole request in writing if they will no longer be
106.2(a)(31) to request an extension. form. An alien seeking an initial grant employed by the start-up entity or
(B) May not file a Form I–800A of parole as an entrepreneur of a start- ceases to possess a qualifying ownership
Supplement 3 seeking extension of an up entity must file Form I–941, stake in the start-up entity.
approval notice more than 90 days Application for Entrepreneur Parole, * * * * *
before the expiration of the validity with USCIS, with the required fee, and
period for the Form I–800A approval, supporting documentary evidence in PART 214—NONIMMIGRANT CLASSES
but must do so on or before the date on accordance with this section and the ■ 14. The authority citation for part 214
which the validity period expires if the form instructions, demonstrating continues to read as follows:
applicant seeks an extension. eligibility as provided in paragraph Authority: 6 U.S.C. 202, 236; 8 U.S.C.
(ii) Any Form I–800A Supplement 3 (b)(2) of this section. 1101, 1102, 1103, 1182, 1184, 1186a, 1187,
that is filed to obtain an extension or * * * * * 1221, 1281, 1282, 1301–1305, 1357, and
update of the approval of a Form I–800A 1372; sec. 643, Pub. L. 104–208, 110 Stat.
(c) * * *
or to change of Hague Convention 3009–708; Pub. L. 106–386, 114 Stat. 1477–
countries must be accompanied by: (1) Filing of re-parole request form. 1480; section 141 of the Compacts of Free
* * * * * Before expiration of the initial period of Association with the Federated States of
parole, an entrepreneur parolee may Micronesia and the Republic of the Marshall
■ 11. Section 204.313 is amended by
request an additional period of parole Islands, and with the Government of Palau,
revising and republishing paragraph (a) 48 U.S.C. 1901 note and 1931 note,
to read as follows: based on the same start-up entity that
respectively; 48 U.S.C. 1806; 8 CFR part 2;
formed the basis for his or her initial Pub. L. 115–218, 132 Stat. 1547 (48 U.S.C.
§ 204.313 Filing and adjudication of a period of parole granted under this 1806).
Form I–800. section. To request such parole, an ■ 15. Section 214.1 is amended by
(a) When to file. Once a Form I–800A entrepreneur parolee must timely file an republishing paragraph (c)(5) to read as
has been approved and the Central application for entrepreneur parole with follows:
Authority has proposed placing a child USCIS on the form prescribed by USCIS
for adoption by the petitioner, the with the required fee and supporting § 214.1 Requirements for admission,
petitioner may file the Form I–800. The documentation in accordance with the extension, and maintenance of status.
petitioner must complete the Form I– form instructions, demonstrating * * * * *
(c) * * * substantive. To facilitate admission, the with paragraph (h)(6)(i)(E) of this

(5) Decision on application for alien may: section must be filed separately.
extension or change of status. Where an (A) Present a letter from the treaty- * * * * *
applicant or petitioner demonstrates qualifying company through which the (5) * * *
eligibility for a requested extension, it alien attained E classification explaining (i) * * *
may be granted at the discretion of the nature of the change; (B) Multiple beneficiaries. The total
USCIS. The denial of an application for (B) Request a new approval notice number of beneficiaries of a petition or
extension of stay may not be appealed. reflecting the non-substantive change by series of petitions based on the same
* * * * * filing an application with a description temporary labor certification may not
■ 16. Section 214.2 is amended by: of the change; or exceed the number of workers indicated
■ a. Revising and republishing (C) Apply directly to Department of on that document. A single petition can
paragraphs (e)(8)(iii) through (v), State for a new E visa reflecting the include more than one named
(e)(23)(viii), (h)(2)(i)(A), (h)(2)(ii), change. An alien who does not elect one beneficiary if the total number is 25 or
(h)(5)(i)(B), and (h)(19)(i) introductory of the three options contained in less and does not exceed the number of
text; paragraphs (e)(8)(iv)(A) through (C) of positions indicated on the relating
■ b. Revising paragraph (m)(14)(ii) this section, is not precluded from temporary labor certification.
introductory text; demonstrating to the satisfaction of the * * * * *
■ c. Revising and republishing immigration officer at the port-of-entry (19) * * *
paragraphs (o)(2)(iv)(F), (p)(2)(iv)(F), in some other manner, his or her (i) A United States employer (other
and (q)(5)(ii); admissibility under section than an exempt employer defined in
■ d. Republishing the definition for 101(a)(15)(E) of the Act. paragraph (h)(19)(iii) of this section, or
‘‘Petition’’ in paragraph (r)(3); an employer filing a petition described
(v) Advice. To request advice from
■ e. Revising paragraph (r)(5); in paragraph (h)(19)(v) of this section)
USCIS as to whether a change is
■ f. Republishing paragraph (w)(5) and who files a petition or application must
substantive, an alien may file an
(w)(15)(iii); and include the additional American
application with a complete description
■ g. Revising paragraph (w)(16). Competitiveness and Workforce
of the change. In cases involving
The revisions and republications read Improvement Act (ACWIA) fee
multiple employees, an alien may
as follows: referenced in 8 CFR 106.2, if the
request that USCIS determine if a
petition is filed for any of the following
merger or other corporate restructuring
§ 214.2 Special requirements for purposes:
requires the filing of separate
admission, extension, and maintenance of * * * * *
status. applications by filing a single
application and attaching a list of the (m) * * *
* * * * * related receipt numbers for the (14) * * *
(e) * * * employees involved and an explanation (ii) Application. An M–1 student must
(8) * * * of the change or changes. apply for permission to accept
(iii) Substantive changes. Approval of employment for practical training on
USCIS must be obtained where there * * * * * Form I–765, with fee as contained in 8
will be a substantive change in the (23) * * * CFR part 106, accompanied by a
terms or conditions of E status. The (viii) Information for background properly endorsed Form I–20 by the
treaty alien must file a new application checks. USCIS may require an applicant designated school official for practical
in accordance with the instructions on for E–2 CNMI Investor status, including training. The application must be
the form prescribed by USCIS but not limited to any applicant for submitted before the program end date
requesting extension of stay in the derivative status as a spouse or child, to listed on the student’s Form I–20 but
United States, plus evidence of submit biometrics as required under 8 not more than 90 days before the
continued eligibility for E classification CFR 103.16. program end date. The designated
in the new capacity. Or the alien may * * * * * school official must certify on Form I–
obtain a visa reflecting the new terms (h) * * * 538 that:
and conditions and subsequently apply (2) * * * * * * * *
for admission at a port-of-entry. USCIS (o) * * *
(i) * * *
will deem there to have been a (2) * * *
substantive change necessitating the (A) General. A United States (iv) * * *
filing of a new application where there employer seeking to classify an alien as (F) Multiple beneficiaries. More than
has been a fundamental change in the an H–1B, H–2A, H–2B, or H–3 one O–2 accompanying alien may be
employing entity’s basic characteristics, temporary employee must file a petition included on a petition if they are
such as a merger, acquisition, or sale of on the form prescribed by USCIS in assisting the same O–1 alien for the
the division where the alien is accordance with the form instructions. same events or performances, during the
employed. * * * * * same period, and in the same location.
(iv) Non-substantive changes. Neither (ii) Multiple beneficiaries. Up to 25 Up to 25 named beneficiaries may be
prior approval nor a new application is named beneficiaries may be included in included per petition.
required if there is no substantive, or an H–1C, H–2A, H–2B, or H–3 petition * * * * *

fundamental, change in the terms or if the beneficiaries will be performing (p) * * *
conditions of the alien’s employment the same service, or receiving the same (2) * * *
that would affect the alien’s eligibility training, for the same period, and in the (iv) * * *
for E classification. Further, prior same location. If more than 25 named (F) Multiple beneficiaries. More than
approval is not required if corporate beneficiaries are being petitioned for, an one beneficiary may be included in a P
changes occur which do not affect the additional petition is required. Petitions petition if they are members of a team
previously approved employment for H–2A and H–2B workers from or group, or if they will provide
relationship, or are otherwise non- countries not designated in accordance essential support to P–1, P–2, or P–3
beneficiaries performing in the same CNMI, the spouse or child(ren) may the form prescribed by USCIS may
location and in the same occupation. Up apply for CW–2 dependent status on apply with USCIS by submitting the
to 25 named beneficiaries may be Form I–539 (or such alternative form as completed Application for Suspension
included per petition. USCIS may designate) in accordance of Deportation attached to a completed
* * * * * with the form instructions. The CW–2 first page of the application. Each
(q) * * * status may not be approved until application must be filed with the
(5) * * * approval of the CW–1 petition. required fees as provided in 8 CFR
(ii) Petition for multiple participants. (16) Biometrics and other information. 106.2.
The petitioner may include up to 25 The beneficiary of a CW–1 petition or * * * * *
named participants on a petition. The the spouse or child applying for a grant
petitioner shall include the name, date or extension of CW–2 status, or a change PART 244—TEMPORARY PROTECTED
of birth, nationality, and other of status to CW–2 status, must submit STATUS FOR NATIONALS OF
identifying information required on the biometric information as requested by DESIGNATED STATES
petition for each participant. The USCIS.
petitioner must also indicate the United * * * * * ■ 20. The authority citation for part 244
States consulate at which each ■ 17. Section 214.14 is amended by continues to read as follows:
participant will apply for a Q–1 visa. revising and republishing paragraph Authority: 8 U.S.C. 1103, 1254, 1254a note,
For participants who are visa-exempt (c)(1) introductory text to read as 8 CFR part 2.
under 8 CFR 212.1(a), the petitioner follows:
must indicate the port of entry at which ■ 21. Section 244.6 is revised and
each participant will apply for § 214.14 Alien victims of certain qualifying republished to read as follows:
admission to the United States. criminal activity.
§ 244.6 Application.
* * * * * * * * * *
(c) * * * (a) An application for Temporary
(r) * * *
(3) * * * (1) Filing a petition. USCIS has sole Protected Status must be submitted in
Petition means the form or as may be jurisdiction over all petitions for U accordance with the form instructions,
prescribed by USCIS, a supplement nonimmigrant status. An alien seeking the applicable country-specific Federal
containing attestations required by this U–1 nonimmigrant status must submit a Register notice that announces the
section, and the supporting evidence Petition for U Nonimmigrant Status on procedures for TPS registration or re-
required by this part. the form prescribed by USCIS, and registration and, except as otherwise
initial evidence to USCIS in accordance provided in this section, with the
* * * * *
with this paragraph (c)(1) and the form appropriate fees as described in 8 CFR
(5) Extension of stay or readmission.
instructions. A petitioner who received part 106.
An R–1 alien who is maintaining status
or is seeking readmission and who interim relief is not required to submit (b) An applicant for TPS may also
satisfies the eligibility requirements of initial evidence with a Petition for U request an employment authorization
this section may be granted an extension Nonimmigrant Status if he or she wishes document pursuant to 8 CFR part 274a
of R–1 stay or readmission in R–1 status to rely on the law enforcement by filing an Application for
for the validity period of the petition, up certification and other evidence that Employment Authorization in
to 30 months, provided the total period was submitted with the request for accordance with the form instructions
of time spent in R–1 status does not interim relief. and in accordance with 8 CFR 106.2 and
exceed a maximum of 5 years. A * * * * * 106.3.
Petition for a Nonimmigrant Worker to ■ 22. Section 244.17 is amended by
request an extension of R–1 status must PART 240—VOLUNTARY DEPARTURE, republishing paragraph (a) to read as
be filed by the employer with a SUSPENSION OF DEPORTATION AND follows:
supplement prescribed by USCIS SPECIAL RULE CANCELLATION OF
containing attestations required by this REMOVAL § 244.17 Periodic registration.
section, the fee specified in 8 CFR part ■ 18. The authority citation for part 240 (a) Aliens granted Temporary
106, and the supporting evidence, in continues to read as follows: Protected Status must re-register
accordance with the applicable form periodically in accordance with USCIS
instructions. Authority: 8 U.S.C. 1103; 1182, 1186a,
1224, 1225, 1226, 1227, 1251, 1252 note,
instructions. Such registration applies to
* * * * * 1252a, 1252b, 1362; secs. 202 and 203, Pub. nationals of those foreign states
(w) * * * L. 105–100 (111 Stat. 2160, 2193); sec. 902, designated for more than one year by
(5) Petition requirements. An Pub. L. 105–277 (112 Stat. 2681); 8 CFR part DHS or where a designation has been
employer who seeks to classify an alien 2. extended for a year or more. Applicants
as a CW–1 worker must file a petition ■ 19. Section 240.63 is amended by for re-registration must apply during the
with USCIS and pay the requisite revising and republishing paragraph (a) period provided by USCIS. Re-
petition fee plus the CNMI education to read as follows: registration applicants do not need to
funding fee and the fraud prevention pay the fee that was required for initial
and detection fee as prescribed in the § 240.63 Application process. registration except the biometric
form instructions and 8 CFR part 106. If (a) Form and fees. Except as provided services fee, unless that fee is waived in
the beneficiary will perform services for in paragraph (b) of this section, the the applicable form instructions, and if
more than one employer, each employer application must be made on the form requesting an employment authorization
must file a separate petition with fees prescribed by USCIS for this program document, the application fee for an
with USCIS. and filed in accordance with the Application for Employment
* * * * * instructions for that form. An applicant Authorization. By completing the
(15) * * * who submitted to EOIR a completed, application, applicants attest to their
(iii) If the eligible spouse and/or Application for Suspension of continuing eligibility. Such applicants
minor child(ren) are present in the Deportation, before the effective date of do not need to submit additional
supporting documents unless USCIS ■ 28. Section 245a.4 is amended by CFR 214.2(h), or a nonimmigrant
requests that they do so. republishing paragraph (b)(5)(iii) to read specialty occupation worker pursuant to
* * * * * as follows: section 101(a)(15)(H)(i)(b)(1) of the Act.
An alien in this status may be employed
PART 245—ADJUSTMENT OF STATUS § 245a.4 Adjustment to lawful resident
only by the petitioner through whom
status of certain nationals of countries for
TO THAT OF PERSON ADMITTED FOR which extended voluntary departure has the status was obtained. In the case of
PERMANENT RESIDENCE been made available. a professional H–2B athlete who is
* * * * * traded from one organization to another
■ 23. The authority citation for part 245
is revised to read as follows: (b) * * * organization, employment authorization
(5) * * * for the player will automatically
Authority: 8 U.S.C. 1101, 1103, 1182, 1252, continue for a period of 30 days after
1255; Pub. L. 105–100, section 202, 111 Stat.
(iii) A separate application must be
filed by each applicant with the fees acquisition by the new organization,
2160, 2193; Pub. L. 105–277, section 902, 112
Stat. 2681; Pub. L. 110–229, tit. VII, 122 Stat. required by 8 CFR 106.2. within which time the new organization
754; 8 CFR part 2. * * * * * is expected to file a new petition for H–
■ 24. Section 245.1 is amended by: ■ 29. Section 245a.12 is amended by 2B classification. If a new petition is not
■ a. Revising paragraph (f); and republishing paragraph (d) introductory filed within 30 days, employment
■ b. Removing the parenthetical text to read as follows: authorization will cease. If a new
authority citation at the end of the petition is filed within 30 days, the
section. § 245a.12 Filing and applications. professional athlete’s employment
* * * * * authorization will continue until the
The revision reads as follows: (d) Application and supporting petition is adjudicated. If the new
§ 245.1 Eligibility. documentation. Each applicant for LIFE petition is denied, employment
* * * * * Legalization adjustment of status must authorization will cease. In the case of
(f) Concurrent applications to submit the form prescribed by USCIS a nonimmigrant with H–1B status,
overcome grounds of inadmissibility. completed in accordance with the form employment authorization will
Except as provided in 8 CFR parts 235 instructions accompanied by the automatically continue upon the filing
and 249, an application under this part required evidence. of a qualifying petition under 8 CFR
shall be the sole method of requesting * * * * * 214.2(h)(2)(i)(H) until such petition is
the exercise of discretion under sections adjudicated, in accordance with section
212(g), (h), (i), and (k) of the Act, as they PART 264—REGISTRATION AND 214(n) of the Act and 8 CFR
relate to the inadmissibility of an alien FINGERPRINTING OF ALIENS IN THE 214.2(h)(2)(i)(H).
in the United States. UNITED STATES * * * * *
* * * * * ■ 30. The authority citation for part 264 (13) An alien having extraordinary
continues to read as follows: ability in the sciences, arts, education,
PART 245a—ADJUSTMENT OF business, or athletics (O–1), and an
Authority: 8 U.S.C. 1103, 1201, 1303–1305;
STATUS TO THAT OF PERSONS accompanying alien (O–2), pursuant to
8 CFR part 2.
ADMITTED FOR TEMPORARY OR 8 CFR 214.2(o). An alien in this status
PERMANENT RESIDENT STATUS ■ 31. Section 264.5 is amended by
may be employed only by the petitioner
UNDER SECTION 245A OF THE revising and republishing paragraph (a)
through whom the status was obtained.
IMMIGRATION AND NATIONALITY ACT to read as follows:
In the case of a professional O–1 athlete
■ 25. The authority citation for part § 264.5 Application for a replacement who is traded from one organization to
245a continues to read as follows:
Permanent Resident Card. another organization, employment
(a) Filing instructions. A request to authorization for the player will
Authority: 8 U.S.C. 1101, 1103, 1255a and replace a Permanent Resident Card must automatically continue for a period of
1255a note. 30 days after the acquisition by the new
be filed in accordance with the
■ 26. Section 245a.2 is amended by appropriate form instructions and with organization, within which time the
republishing paragraph (e)(3) to read as the fee specified in 8 CFR 106.2. new organization is expected to file a
follows: new petition for O nonimmigrant
* * * * *
§ 245a.2 Application for temporary classification. If a new petition is not
residence. PART 274a—CONTROL OF filed within 30 days, employment
* * * * * EMPLOYMENT OF ALIENS authorization will cease. If a new
(e) * * * petition is filed within 30 days, the
■ 32. The authority citation for part professional athlete’s employment
(3) A separate application must be 274a is revised to read as follows:
filed by each applicant with the fees authorization will continue until the
required by 8 CFR 106.2. Authority: 8 U.S.C. 1101, 1103, 1324a; 48 petition is adjudicated. If the new
U.S.C. 1806; Pub. L. 101–410, 104 Stat. 890 petition is denied, employment
* * * * * (28 U.S.C. 2461 note); Pub. L. 114–74, 129
■ 27. Section 245a.3 is amended by authorization will cease.
Stat. 599 (28 U.S.C. 2461 note); 8 CFR part
republishing paragraph (d)(3) to read as 2. (14) An athlete, artist, or entertainer
follows: (P–1, P–2, or P–3), pursuant to 8 CFR
■ 33. Section 274a.12 is amended by
214.2(p). An alien in this status may be

revising and republishing paragraphs
§ 245a.3 Application for adjustment from employed only by the petitioner through
temporary to permanent resident status. (b)(9), (13), and (14) to read as follows:
whom the status was obtained. In the
* * * * * § 274a.12 Classes of aliens authorized to case of a professional P–1 athlete who
(d) * * * accept employment. is traded from one organization to
(3) A separate application must be * * * * * another organization, employment
filed by each applicant with the fees (b) * * * authorization for the player will
required by 8 CFR 106.2. (9) A temporary worker or trainee (H– automatically continue for a period of
* * * * * 1, H–2A, H–2B, or H–3), pursuant to 8 30 days after the acquisition by the new
organization, within which time the petition is filed within 30 days, the petition is denied, employment
new organization is expected to file a professional athlete’s employment authorization will cease.
new petition for P–1 nonimmigrant authorization will continue until the * * * * *
classification. If a new petition is not petition is adjudicated. If the new
Alejandro N. Mayorkas,
filed within 30 days, employment
authorization will cease. If a new Secretary, U.S. Department of Homeland
Security.
[FR Doc. 2022–27066 Filed 1–3–23; 8:45 am]
BILLING CODE 9111–97–P

Federal Register / Vol. 88, No. 2 / Wednesday, January 4, 2023 / Proposed Rules

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Federal Register / Vol. 88, No. 2 / Wednesday, January 4, 2023 / Proposed Rules

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402 Federal Register / Vol. 88, No.

2 / Wednesday, January 4, 2023 / Proposed Rules

DEPARTMENT OF HOMELAND comments during the virtual public 3. Current Fees

N. Intercountry Adoptions CAA Cuban Adjustment Act OP Operating Plan

biometric services fee and the proposed genealogy

Table 1: Comoarison of Current10 and Prooosed Fees

10These are fees that USCIS is currently charging

and not those codified by the 2020 fee rule.

Table 1: Comparison of Current10 and Proposed Fees

Deportation or Special Rule

Table 1: Comparison of Current10 and Proposed Fees

1-751 Residence $595 $1,195 $600 101%

Table 1: Comuarison of Current10 and Prouosed Fees

Immigrant Petition for Alien

Table 1: Comparison of Current10 and Proposed Fees

Table 1: Comparison of Current10 and Proposed Fees

Table 1: Comparison of Current10 and Proposed Fees

Application for Entrepreneur

Table 1: Comparison of Current10 and Proposed Fees

1-566 G, or NATO Status No Fee No Fee NIA NIA

Table 1: Comparison of Current10 and Proposed Fees

described in section 286(m) of the Immigration and the-secretary-of-state-on-presidential-

22 INA sec. 286(m), (n), and (u); 8 U.S.C. 1356(m),

in this preamble. must not result in an increase in 2020).

request requirements. On September 29, part, in 8 CFR 103.7 as it existed before

December 23, 2016. With that rule, DHS

rulemaking docket at https:// 3. Current Fees schedule as a result of the FY 2022/2023

Table 2: Current Non-Statutory IEFA Immigration Benefit Request Fees

Table 2: Current Non-Statutory IEFA Immigration Benefit Request Fees

Application for Advance Processing of an Orphan

Account Fee Review Supporting Documentation

Table 2: Current Non-Statutory IEFA Immigration Benefit Request Fees

Table 2: Current Non-Statutory IEFA Immigration Benefit Request Fees

BILLING CODE 9111–97–C

Table 3: FY 2016/2017 Fee Rule Cost Projections vs. FY 2021 Operating

USCIS FY 2023 Congressional Budget Justification 2020), https://www.uscis.gov/news/news-releases/ 13-820.pdf.

Table 5: Cosf Proiectfons·

Table 6: IEFA Non-Premium Cost and Revenue (at FY 2021 levels)

Non-Premium Carryover Projections and Targets. reviews.

Table 7: Workload Volume Comparison

Table 7: Workload Volume Comparison

81 Combines both Forms I–526 and I–526E. USCIS

revised Form I–526 and created Form I–526E as a

Table 7: Workload Volume Comparison

1-191 Application for Relief

Table 7: Workload Volume Comparison

Table 8: Fee-Paying Projection Comparison by Fee Review

Table 8: Fee-Paying Projection Comparison by Fee Review

397,954 1,084,740 686,786

83 Combines both Forms I–526 and I–526E. USCIS

revised Form I–526 and created Form I–526E as a

Table 8: Fee-Paying Projection Comparison by Fee Review

Former Section 212(c) of the NIA 111 NIA

Table 8: Fee-Paying Projection Comparison by Fee Review

Table 9: Fee-Paying Percentage Comparison by Fee Review

Table 9: Fee-Paying Percentage Comparison by Fee Review

I-800A Supplement 3 Request for Action on

Table 9: Fee-Paying Percentage Comparison by Fee Review

Table 9: Fee-Paying Percentage Comparison by Fee Review

Table 10: Completion Rates per Benefit Request (Hours/Completions)

humanitarian/refugees-and-asylum/asylum/ 85 USCIS does not track distinct refugee travel

document completion rates, nor does it track rates

Table 10: Completion Rates per Benefit Request (Hours/Completions)