> Summary of fee hikes from Federal Register

DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
8 CFR Part 103
[CIS No. 2393-06; Docket No. USCIS-2006-0044] RIN 1615-AB53

Adjustment of the Immigration and Naturalization Benefit Application and
Petition Fee Schedule

AGENCY: U.S. Citizenship and Immigration Services, DHS.

ACTION: Proposed rule.

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

SUMMARY: This rule proposes to adjust the immigration and naturalization
benefit application and petition fees of the Immigration Examinations
Fee Account.
Fees collected from persons requesting these benefits are deposited into
the Immigration Examinations Fee Account. These fees are used to fund
the full cost of processing immigration and naturalization benefit
applications and petitions, biometric services, and associated support
services. In addition, these fees must recover the cost of providing
similar services to asylum and refugee applicants and certain other
immigrants at no charge.

The fees that fund the Immigration Examinations Fee Account were last
updated on October 26, 2005, solely to reflect an increase in costs due
to inflation.
The last comprehensive fee review was conducted in fiscal year 1998.
U.S.
Citizenship and Immigration Services conducted a new comprehensive
review of the resources and activities funded by the Immigration
Examinations Fee Account and determined that the current fees do not
reflect current processes or recover the full costs of services that
should be provided. Therefore, this rule proposes to increase the
immigration and naturalization benefit application and petition fee
schedule by a weighted average of $174, from an average fee of $264 to
$438. These increases will ensure sufficient funding to meet immediate
national security, customer service, and standard processing time goals,
and to sustain and improve service delivery. Furthermore, the rule
proposes to merge the fees for certain applications so applicants will
pay a single fee rather than paying several fees for related services.
The rule would permit U.S.
Citizenship and Immigration Services to devote certain revenues to
broader investments in a new technology and business process platform to
improve substantially its capabilities and service levels.

This rule also proposes generally to allocate costs for surcharges and

routine processing activities evenly across all form types for which
fees are charged, and to vary fees in proportion to the amount of
adjudication decision-making and interview time typically required. This
rule proposes to eliminate fees for interim benefits, duplicate filings,
and premium processing by consolidating and reallocating costs among the
various fees. The rule also proposes to exempt applicants for T
nonimmigrant status, or for status under the Violence Against Women Act
from paying certain fees, and modify substantially the availability of
individual fee waivers by limiting them to certain specified form types.

DATES: Written comments must be submitted on or before April 2, 2007.

ADDRESSES: You may submit comments, identified by DHS Docket No. USCIS-

2006-0044 by one of the following methods:

Federal eRulemaking Portal: http://www.regulations.gov.

Follow the instructions for submitting comments.

E-mail: OSComments@dhs.gov. Include the docket number in the subject
line of the message.

Facsimile: Federal eRulemaking portal at 866-466-5370.

Mail: Director, Regulatory Management Division, U.S. Citizenship and
Immigration Services, Department of Homeland Security, 111 Massachusetts
Avenue, NW., 3rd Floor, Washington, DC 20529. To ensure proper handling,
please reference DHS Docket No. USCIS-2006-0044 on your correspondence.
This mailing address may also be used for paper, disk, or CD-ROM
submissions.

Hand Delivery/Courier: Regulatory Management Division, U.S. Citizenship
and Immigration Services, Department of Homeland Security, 111
Massachusetts Avenue, NW., 3rd Floor, Washington, DC 20529. Contact
Telephone Number
(202)
272-8377.

FOR FURTHER INFORMATION CONTACT: Paul Schlesinger, Chief, Office of
Budget, U.S. Citizenship and Immigration Services, Department of
Homeland Security, 20 Massachusetts Avenue, NW., Suite 4052, Washington,
DC 20529, telephone
(202)
272-1930.

Sec. 103.7 Fees.
* * * * *
(b) * * *
(1) * * *
* * * * *
For capturing biometric information. A service fee of $80 will be
charged for any individual who is required to have biometric information
captured in connection with an application or petition for certain
immigration and

naturalization benefits (other than asylum), and whose residence is in
the United States.

* * * * *

Form I-90. For filing an application for a Permanent Resident Card (Form
I-551) in lieu of an obsolete card or in lieu of one lost, mutilated, or
destroyed, or for a change in name--$290.

* * * * *

Form I-102. For filing a petition for an application (Form I-102) for
Arrival/Departure Record (Form I-94) or Crewman's Landing (Form I- 95),
in lieu of one lost, mutilated, or destroyed--$320.

Form I-129. For filing a petition for a nonimmigrant worker--$320.

Form I-129F. For filing a petition to classify a nonimmigrant as a
fianc[eacute]e or fianc[eacute] under section 214(d) of the Act--$455;
no fee for a K-3 spouse as designated in section 214.1(a)(2) of this
chapter who is the

beneficiary of an immigrant petition filed by a U.S. citizen on Form
I-130.

Form I-130. For filing a petition to classify status of an alien
relative for issuance of an immigrant visa under section 204(a) of the
Act--$355.

Form I-131. For filing an application for travel documents--$305.

Form I-140. For filing a petition to classify preference status of an
alien on the basis of profession or occupation under section 204(a) of
the Act--$475.

Form I-191. For filing an application for discretionary relief under
section
212(c) of the Act--$545.

Form I-192. For filing an application for discretionary relief under
section
212(d)(3) of the Act, except in an emergency case, or where the approval
of the application is in the interest of the United States
Government--$545.

Form I-193. For filing an application for waiver of passport and/or
visa--$545.

Form I-212. For filing an application for permission to reapply for an

excluded, deported or removed alien, an alien who has fallen into
distress, an alien who has been removed as an alien enemy, or an alien
who has been removed at government expense in lieu of deportation--
$545.

* * * * *

Form I-290B. For filing an appeal from any decision under the
immigration laws in any type of proceeding over which the Board of
Immigration Appeals does not have appellate jurisdiction--$585 (the fee
will be the same when an appeal is taken from the denial of a petition
with one or multiple beneficiaries, provided that they are all covered
by the same petition, and therefore, the same decision).

Form I-360. For filing a petition for an Amerasian, Widow(er), or
Special Immigrant--$375, except there is no fee for a petition seeking
classification as an Amerasian or as a self-petitioning battered or
abused spouse, parent, or child of a U.S. citizen or Lawful Permanent
Resident.

Form I-485. For filing an application for permanent resident status or

creation of a record of lawful permanent residence--$905 for an
applicant 14 years of age or older; $805 for an applicant under the age
of 14 years; no fee for an applicant filing as a refugee under section
209(a) of the Act. No additional fee will be charged for a request for
travel document (advance parole) or employment authorization by an
applicant who has paid the Form I-485 application fee, regardless
whether or not the Form I-131 or Form I-765 is required to be filed by
such applicant to receive these benefits.

* * * * *

Form I-526. For filing a petition for an alien entrepreneur-- $1,435.

Form I-539. For filing an application to extend or change nonimmigrant

status--$300.

* * * * *

Form I-600. For filing a petition to classify an orphan as an immediate

relative for issuance of an immigrant visa under section 204(a) of the
Act. (When more than one petition is submitted by the same petitioner on
behalf of orphans who are brothers or sisters, only one fee will be
required.)--$670.

Form I-600A. For filing an application for advance processing of orphan

petition. (When more than one petition is submitted by the same
petitioner on behalf of orphans who are brothers or sisters, only one
fee will be required.)--$670.

Form I-601. For filing an application for waiver of ground of
inadmissibility under section 212(h) or (i) of the Act. (Only a single
application and fee shall be required when the alien is applying
simultaneously for a waiver under both those subsections.)--$545.

Form I-612. For filing an application for waiver of the foreign-
residence requirement under section 212(e) of the Act--$545.

Form I-687. For filing an application for status as a temporary resident
under section 245A (a) of the Act. A fee of $710 for each application or
$570 for each application for a minor child (under 18 years of age) is
required at the time of filing with the Department of Homeland Security.
The maximum amount payable by a family (husband, wife, and any minor
children) shall be $1,990.

Form I-690. For filing an application for waiver of a ground of
inadmissibility under section 212(a) of the Act as amended, in
conjunction with the application under sections 210 or 245A of the Act,
or a petition under section 210A of the Act--$185.

Form I-694. For appealing the denial of an application under sections
210 or 245A of the Act, or a petition under section 210A of the
Act--$545.

Form I-695. For filing an application for replacement of temporary
resident card (Form I-688)--$130.

Form I-698. For filing an application for adjustment from temporary
resident status to that of lawful permanent resident under section
245A(b)(1) of the Act. For applicants filing within 31 months from the
date of adjustment to temporary resident status, a fee of $1,370 for
each application is required at the time of filing with the Department
of Homeland Security. The maximum amount payable by a family (husband,
wife, and any minor children (under 18 years of age living at home))
shall be $4,110. For applicants filing after thirty-one months from the
date of approval of temporary resident status, who file their
applications on or after July 9, 1991, a fee of $1,410 (a maximum of
$4,230 per
family) is required. The adjustment date is the date of filing of the
application for permanent residence or the applicant's eligibility date,
whichever is later.

* * * * *

Form I-751. For filing a petition to remove the conditions on residence,
based on marriage--$465.

Form I-765. For filing an application for employment authorization
pursuant to 8 CFR 274a.13--$340.

* * * * *

Form I-817. For filing an application for voluntary departure under the

Family Unity Program--$440.

* * * * *

Form I-824. For filing for action on an approved application or
petition--$340.

Form I-829. For filing a petition by entrepreneur to remove
conditions--$2,850.

* * * * *

Form N-300. For filing an application for declaration of
intention--$235.

Form N-336. For filing a request for hearing on a decision in
naturalization proceedings under section 336 of the Act--$605.

Form N-400. For filing an application for naturalization (other than
such application filed on or after October 1, 2004, by an applicant who
meets the requirements of sections 328 or 329 of the Act with respect to
military service, for which no fee is charged)--$595.

* * * * *

Form N-470. For filing an application for benefits under section 316(b)
or
317 of the Act--$305.

Form N-565. For filing an application for a certificate of
naturalization or declaration of intention in lieu of a certificate or
declaration alleged to have been lost, mutilated, or destroyed; for a
certificate of citizenship in a changed name under section 343(c) of the
Act; or for a special certificate of naturalization to obtain
recognition as a citizen of the United States by a foreign state under
section 343(b) of the Act--$380.

Form N-600. For filing an application for a certificate of citizenship
under section 309(c) or section 341 of the Act--$460, for applications
filed on behalf of a biological child and $420 for applications filed on
behalf of an adopted child.

Form N-600K. For filing an application for citizenship and issuance of

certificate under section 322 of the Act--$460, for an application filed
on behalf of a biological child and $420 for an application filed on
behalf of an adopted child.

* * * * *

Motion. For filing a motion to reopen or reconsider any decision under
the immigration laws in any type of proceeding over which the Executive
Office for Immigration Review does not have jurisdiction. No fee shall
be charged for a motion to reopen or reconsider a decision on an
application for relief for which no fee is chargeable or for any motion
to reopen or reconsider made concurrently with any initial application
for relief under the immigration laws for which no fee is chargeable.
(The fee of $585 shall be charged whenever an appeal or motion is filed
by or on behalf of two or more aliens and all such aliens are covered by
one decision. When a motion to reopen or reconsider is made concurrently
with any application for relief under the immigration laws for which a
fee is chargeable, the motion is filed and, if the motion is granted,
the requisite fee for filing the application for relief will be charged
and must be paid within the time specified in order to complete the
application.)--$585.

* * * * *

(c) * * *

(5) Except as otherwise specifically provided by this paragraph and by

paragraphs (c)(2) and (c)(4) of this section, no fee relating to any
application, petition, appeal, motion or request made to U.S.
Citizenship and Immigration Services may be waived under this section
except for the following:
Form I-90;
Form I-751; Form I-765; Form I- 817; Form N-300; Form N-336; Form N-400;
Form N-470; Form N-565; Form N-600; Form N-600K; and Form I-290B and
motions filed with U.S. Citizenship and Immigration Services relating to
the specified forms in this paragraph (c)(5).

* * * * *

Dated: January 26, 2007.