This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

5088

Vol. 69, No. 22

Tuesday, February 3, 2004

DEPARTMENT OF HOMELAND 

SECURITY 

Bureau of Citizenship and Immigration 

Services 

8 CFR Part 103 

[CIS No. 2233–02] 

RIN 1615–AA84 

Adjustment of the Immigration Benefit 

Application Fee Schedule

AGENCY: Bureau of Citizenship and 

Immigration Services, Department of 

Homeland Security.

ACTION: Proposed rule.

SUMMARY: This rule proposes to adjust 

the fee schedule of the Immigration 

Examinations Fee Account (IEFA) for 

immigration benefit applications and 

petitions, as well as the fee for capturing 

biometric information of applicants/

petitioners who apply for certain 

immigration benefit applications and 

petitions. Fees collected from persons 

filing immigration benefit applications 

are deposited into the IEFA and used to 

fund the full cost of providing 

immigration benefits; the full cost of 

providing similar benefits to asylum and 

refugee applicants; and the full cost of 

similar benefits provided to other 

immigrants, as specified in the 

regulation, at no charge. This rule 

proposes to adjust the immigration 

benefit application fees by 

approximately $55 per application, and 

increases the biometric fee by $20, in 

order to ensure sufficient funding to 

process incoming applications.

DATES: Written comments must be 

submitted on or before March 4, 2004.

ADDRESSES: Please submit written 

comments to the Director, Regulations 

and Forms Services Division, Bureau of 

Citizenship and Immigration Services 

(BCIS), Department of Homeland 

Security, 425 I Street NW., Room 4034, 

Washington, DC 20536. To ensure 

proper handling, please reference CIS 

No. 2233–02 on your correspondence. 

You may also submit comments 

electronically at rfs.regs@dhs.gov. When 

submitting comments electronically, 

you must include CIS No. 2233–02 in 

the subject box so that your comments 

can be properly routed to the 

appropriate office. Comments and other 

docketed materials (including 

additional information regarding the 

rate-setting process) are available for 

public inspection at the above address 

by calling (202) 514–3206 to arrange for 

an appointment.

FOR FURTHER INFORMATION CONTACT: Paul 

L. Schlesinger, Acting Budget Director, 

Office of Budget, U.S. Citizenship and 

Immigration Services, 425 I Street NW., 

Room 5307, Washington, DC 20536, 

telephone (202) 514–3206.

SUPPLEMENTARY INFORMATION: 

What Legal Authority Does BCIS Have 

To Charge Fees? 

Section 286(m) of the Immigration 

and Nationality Act (INA) provides for 

the collection of fees at a level that will 

ensure recovery of the full costs of 

providing adjudication and 

naturalization services, including the 

costs of providing similar services 

without charge to asylum applicants 

and other immigrants. [8 U.S.C. 

1356(m).] The INA further states that the 

fees may recover administrative costs as 

well. This revenue remains available to 

provide immigration and naturalization 

benefits and the collection, 

safeguarding, and accounting for fees. [8 

U.S.C. 1356(n).] 

The BCIS must also conform to the 

requirements of the Chief Financial 

Officers Act of 1990 (CFO Act), Public 

Law No. 101–576, 104 Stat. 2838 (1990). 

Section 205(a)(8) of the CFO Act 

requires each agency’s Chief Financial 

Officer to ‘‘review, on a biennial basis, 

the fees, royalties, rents, and other 

charges imposed by the agency for 

services and things of value it provides, 

and make recommendations on revising 

those charges to reflect costs incurred by 

it in providing those services and things 

of value.’’ Id., 104 Stat. at 2844, 31 

U.S.C. 902(a)(8). 

What Federal Cost Accounting and Fee 

Setting Standards and Guidelines Were 

Used in Developing These Fee Changes? 

The authority provided by section 

286(m) of the INA permits BCIS to 

recover the full costs of providing all 

immigration adjudication and 

naturalization services, including those 

services provided to individuals other 

than those paying fees. When 

developing fees for services, the BCIS 

also looks, to the extent applicable, to 

the cost accounting concepts and 

standards recommended by the Federal 

Accounting Standards Advisory Board 

(FASAB). The FASAB was established 

in 1990, and its purpose is to 

recommend accounting standards for 

the Federal Government. The FASAB 

defines ‘‘full cost’’ to include ‘‘direct 

and indirect costs that contribute to the 

output, regardless of funding sources.’’ 

Federal Accounting Standards Advisory 

Board, Statement of Financial 

Accounting Standards No. 4: Managerial 

Cost Accounting Concepts and 

Standards for the Federal Government 

36 (July 31, 1995). To obtain full cost, 

FASAB identifies various classifications 

of costs to be included, and 

recommends various methods of cost 

assignment. Id. at 36–42. Full costs 

include, but are not limited to, an 

appropriate share of: 

(a) Direct and indirect personnel 

costs, including salaries and fringe 

benefits such as medical insurance and 

retirement; 

(b) Physical overhead, consulting, and 

other indirect costs, including material 

and supply costs, utilities, insurance, 

travel and rents or imputed rents on 

land, buildings, and equipment; and,

(c) Management and supervisory 

costs. 

Full costs are determined based upon 

the best available records of the agency. 

How Is the Processing of Immigration 

Benefit Applications Funded and 

Supported? 

In 1988, Congress established the 

IEFA. See Public Law No. 100–459, sec. 

209, 102 Stat. at 2203. Since 1989, fees 

deposited into the IEFA have been the 

primary source of funding for providing 

immigration and naturalization benefits, 

and other benefits as directed by 

Congress. In subsequent legislation, 

Congress directed use of IEFA revenue 

to fund the cost of asylum processing 

and other services provided to 

immigrants at no charge. See Public Law 

No. 101–515, sec. 210(d)(2), 104 Stat. at 

2121. Consequently, the immigration 

benefit application fees were increased 

to recover these additional costs. 

The current immigration benefit 

application fees are based on the review 

conducted in 1997 adjusted for cost of 

living increases (most recently on 

Federal Register / Vol. 69, No. 22 / Tuesday, February 3, 2004 / Proposed Rules 5089

February 19, 2002) (66 FR 65811). The 

current fees also include a $5 per 

immigration benefit application 

surcharge to recover information 

technology and quality assurance costs. 

This surcharge allows BCIS to improve 

upon the delivery of services to its 

customers such as offering electronic 

filing for certain immigration benefit 

applications. 

With reference to the biometric fee, 

the Department of Justice 

Appropriations Act, 1998, Public Law 

No. 105–119, 111 Stat. 2440, 2448 

(1997), authorized the collection of a fee 

for fingerprinting applicants for certain 

immigration benefits. Id. The fees are 

deposited into the IEFA established by 

8 U.S.C. 1356(m)–(p). The current fee is 

$50. 

How Are the Application Fees 

Changing in This Rule? 

A. National Security Enhancements 

In processing immigration benefit 

applications, BCIS is making national 

security a high priority. Since July 2002, 

BCIS has added security checks to the 

processing of all immigration benefit 

applications to help ensure that those 

who receive immigration benefits have 

come to join the people of the United 

States in building a better society and 

not to do harm. 

The process of performing security 

checks has been designed to compare 

information on applicants, petitioners, 

beneficiaries, derivatives and household 

members who apply for an immigration 

benefit on a BCIS immigration benefit 

application against various Federal 

lookout systems. 

The purpose of conducting security 

checks is to help law enforcement 

agencies identify risks to the community 

and/or to national security and to 

prevent ineligible individuals from 

obtaining immigration benefits. BCIS 

performs two routine checks; one when 

the application is initially received, and 

one at the time of adjudication. 

This change in the manner in which 

BCIS processes immigration benefit 

applications has increased processing 

costs because the costs of performing 

these checks were not factored into the 

initial fee schedule. As a result, existing 

resources have been diverted in order to 

perform the additional security checks 

until the fees could be adjusted to cover 

these costs. 

To determine the impact on resources 

of the additional security checks, BCIS 

developed a methodology to identify the 

additional time or ‘‘level of effort’’

needed to perform the additional 

security checks by an adjudicator, since 

time is a key factor in determining 

immigration benefit application fees. 

In identifying the average time for the 

additional security checks, BCIS 

employed a time and motion study 

through on-site visits to various field 

offices. To collect a representative 

sample, BCIS reviewed adjudications at 

small, medium, and large-sized field 

offices. To ensure the integrity of the 

process, BCIS personnel interviewed 

those who performed the security 

checks on various immigration benefit 

applications, validated the times 

through random observations, and 

revalidated those times with BCIS 

personnel. 

BCIS calculated the total time 

requirements using average check times, 

average number of checks per 

application, as well as application 

volumes (using number of applications 

received for the initial check and 

number of applications completed for 

the adjudications check). The total time 

was then converted into the total cost of 

performing the additional security 

checks. 

The analysis revealed an annual cost 

of about $140 million to recover the 

costs of security enhancements. This 

equates to a $21 per application charge. 

B. Program Enhancements and New 

Activities 

The rule proposes adjusting the fees 

to cover an annual cost of about $46 

million to support other program 

enhancements and new activities. This 

equates to a $7 per application charge. 

A description of these activities follow. 

Improving Refugee Processing.

Currently, the BCIS Office of Refugee 

Affairs (ORA) has neither the workforce 

nor the management structure needed to 

meet the processing challenges facing 

BCIS overseas, particularly in the wake 

of the September 11, 2001 terrorist 

attacks and the resulting security 

mandates. ORA relies on temporary 

duty personnel borrowed from other 

BCIS programs, in particular the 

Asylum Program, to meet virtually all 

its processing responsibilities. When 

refugee processing was largely confined 

to well-defined caseloads at limited and 

easily accessible locations, small 

numbers of temporary duty personnel 

were usually able to generate enough 

refugee approvals to meet refugee 

admissions goals. However, as the U.S. 

Refugee Program (USRP) continues to 

focus on more diverse, at-risk 

populations and to attempt to increase 

the responsiveness of the USRP to these 

populations, it is increasingly difficult 

for it to meet its responsibilities with 

the limited flexibility and resources that 

can be provided by other programs with 

equally critical missions. Therefore, 

BCIS plans to establish a refugee corps 

with dedicated staff focused on this 

population. 

This new structural and functional 

arrangement will greatly improve the 

quality of refugee adjudications and 

oversight, provide cost-effective 

immigration services, and significantly 

improve the nation’s ability to secure 

our borders without compromising 

humanitarian objectives. 

Providing Naturalization Services for 

Military Personnel. On November 24, 

2003, the President signed the National 

Defense Authorization Act for Fiscal 

Year 2004 (Public Law 108–136). Title 

XVII of this Act, among other things, 

removes the fees for individuals eligible 

for expedited naturalization through 

military service under sections 328 and 

329 of the INA, 8 U.S.C. 1439 and 1440, 

effective October 1, 2004. The 

Congressional Budget Office (CBO) 

estimates two-thirds (over 30,000) of the 

eligible persons would apply for 

naturalization, including an additional 

twenty-five positions to provide 

naturalization services to military 

personnel in overseas locations, as also 

authorized by Title XVII. Therefore, the 

rule proposes to adjust the fees to 

recover these additional costs. A 

conforming change to the reference to 

the N–400 fee in the rule is also made 

in order to implement the fee limitation 

provided by Title XVII.

Office of Citizenship. Section 451(f) of 

the Homeland Security Act of 2002 

states, ‘‘There shall be a position of 

Chief of the Office of Citizenship and 

Immigration Services. The Chief of the 

Office of Citizenship and Immigration 

Services shall be responsible for 

promoting instruction and training on 

citizenship responsibilities for aliens 

interested in becoming naturalized 

citizens of the United States, including 

the development of educational 

materials.’’

Other Activities. BCIS is undergoing a 

significant competitive sourcing study 

for public-private job competitions of 

the functions performed by Immigration 

Information Officers and Contact 

Representatives. In addition, BCIS seeks 

to recover the annual costs of litigation 

settlements. These legal costs are not 

included in the current fee structure. 

C. Administrative Support Costs 

As previously stated, BCIS has 

authority under the INA to recover full 

costs of the program, including 

administrative costs. To date, these 

administrative costs have been funded 

through discretionary appropriations. In 

FY 2004, BCIS was appropriated $235 

million of which $155 million 

5090 Federal Register / Vol. 69, No. 22 / Tuesday, February 3, 2004 / Proposed Rules 

supported administrative costs (e.g.

records management, forms 

management, human resources, 

procurement, budget, finance). Since 

these costs are associated with the 

processing of immigration benefit 

applications, BCIS proposes adjusting 

the fees to recover these costs in 

accordance with the INA. The annual 

amount, adjusted for FY 2004 and FY 

2005, of $157 million equates to a $23 

per application charge. 

D. Cost of Living 

To maintain current service levels, the 

current immigration benefit application 

fees were adjusted for cost of living 

increases for FY 2004 and FY 2005 

based upon inflationary rates used for 

the President’s annual budget request. 

This increase in the annual amount of 

$28 million equates to a $4 average per 

application charge. 

How Is the Biometric Fee Changing in 

This Rule? 

BCIS charges a fee to recover the 

operating costs of its fingerprinting 

program. The costs of the program have 

risen since 1999, the time of the last fee 

review. The annualized cost of the 

program is $96 million, which includes 

the capability to electronically capture 

and retain necessary biometrics (photo, 

signature, and press-print images) for 

certain immigration benefit applications 

at the time of the applicant/petitioner’s 

first visit to a BCIS Application Support 

Center. This equates to an increase of 

$20. Therefore, the new biometric fee 

will be $70. 

To better describe the services 

provided under this fee, the proposed 

rule refers to it as a biometric fee rather 

than a fingerprinting fee. 

What Are the New Application Fees 

and How Do the New Fees Compare to 

the Current Fees? 

The proposed new immigration 

benefit application fees and their dollar 

differences are displayed in Table 1.

TABLE 1.—CURRENT VERSUS NEW APPLICATION AND PETITION FEES

Form No. Description New

fee 

Current 

fee Change 

I–90 ................... Application to Replace Permanent Resident Card .................................................................... $185 $130 $55 

I–102 ................. Application for Replacement/Initial Nonimmigrant Arrival/Departure Record ............................ 155 100 55 

I–129 ................. Petition for a Nonimmigrant Worker ........................................................................................... 185 130 55 

I–129F ............... Petition for Alien Fiance ́(e) ......................................................................................................... 165 110 55 

I–130 ................. Petition for Alien Relative ........................................................................................................... 185 130 55 

I–131 ................. Application for Travel Document ................................................................................................ 165 110 55 

I–140 ................. Immigrant Petition for Alien Worker ........................................................................................... 190 135 55 

I–191 ................. Application for Permission to Return to an Unrelinquished Domicile ........................................ 250 195 55 

I–192 ................. Application for Advance Permission to Enter as a Nonimmigrant ............................................. 250 195 55 

I–193 ................. Application for Waiver of Passport and/or Visa ......................................................................... 250 195 55 

I–212 ................. Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal.250 195 55 

I–360 ................. Petition for Amerasian, Widow(er), or Special Immigrant .......................................................... 185 130 55 

I–485 ................. Application to Register Permanent Residence or to Adjust Status ........................................... 315 255 60 

I–526 ................. Immigrant Petition by Alien Entrepreneur .................................................................................. 465 400 65 

I–539 ................. Application to Extend/Change Nonimmigrant Status ................................................................. 195 140 55 

I–600/600A ....... Petition to Classify Orphan as an Immediate Relative/Application for Advance Processing or 

Orphan Petition.

525 460 65 

I–601 ................. Application for Waiver on Grounds of Excludability ................................................................... 250 195 55 

I–612 ................. Application for Waiver of the Foreign Residence Requirement ................................................. 250 195 55 

I–687 ................. For Filing Application for Status as a Temporary Resident ....................................................... 240 185 55 

I–690 ................. Application for Waiver of Excludability ....................................................................................... 90 35 55 

I–694 ................. Notice of Appeal of Decision ...................................................................................................... 105 50 55 

I–695 ................. Application for Replacement Employment Authorization or Temporary Residence Card ......... 65 15 50 

I–698 ................. Application to Adjust Status from Temporary to Permanent Resident ...................................... 175 120 55 

I–751 ................. Petition to Remove the Conditions on Residence ..................................................................... 200 145 55 

I–765 ................. Application for Employment Authorization ................................................................................. 175 120 55 

I–817 ................. Application for Family Unity Benefits ......................................................................................... 195 140 55 

I–824 ................. Application for Action on an Approved Application or Petition .................................................. 195 140 55 

I–829 ................. Petition by Entrepreneur to Remove Conditions ........................................................................ 455 395 60 

I–881 ................. NACARA—Suspension of Deportation or Application for Special Rule Cancellation of Removal.275 215 60 

I–914 ................. Application for T Nonimmigrant Status ...................................................................................... 255 200 55 

N–300 ............... Application to File Declaration of Intention ................................................................................ 115 60 55 

N–336 ............... Request for Hearing on a Decision in Naturalization Procedures ............................................. 250 195 55 

N–400 ............... Application for Naturalization ...................................................................................................... 320 260 60 

N–470 ............... Application to Preserve Residence for Naturalization Purposes ............................................... 150 95 55 

N–565 ............... Application for Replacement Naturalization Citizenship Document ........................................... 210 155 55 

N–600 ............... Application for Certification of Citizenship .................................................................................. 240 185 55 

N–600K ............. Application for Citizenship and Issuance of Certificate under Section 322 ............................... 240 185 55 

BCIS is also making a number of nonsubstantive stylistic corrections to the 

fee provisions amended by this rule, 

and updating the cross-reference to fee 

regulations under the Freedom of 

Information Act in 8 CFR 103.7(b)(2) to 

refer to Department of Homeland 

Security rather than Department of 

Justice regulations. Reference to Form I–

700 has been deleted, as this form is no 

longer used. 

Does BCIS Have the Authority To 

Waive Fees on a Case-By-Case Basis? 

Yes, BCIS has the authority to waive 

fees on a case-by-case basis pursuant to 

8 CFR 103.7(c). In all fee waiver 

requests, applicants are required to 

Federal Register / Vol. 69, No. 22 / Tuesday, February 3, 2004 / Proposed Rules 5091

demonstrate ‘‘inability to pay.’’ In 

determining ‘‘inability to pay,’’ BCIS 

officers will consider all factors, 

circumstances, and evidence supplied 

by the applicant including age, 

disability, household income, and 

qualification within the past 180 days 

for a Federal means tested benefit. 

How Will BCIS Inform the Public of 

Future Fee Adjustments Based Solely 

on Inflation? 

The proposed rule provides that in 

subsequent years, starting with FY 2006, 

BCIS will adjust the current 

immigration benefit application fees on 

October 1st each year based upon the 

inflation level enacted by Congress. If 

Congress has not enacted the 

inflationary rate by the start of the fiscal 

year, BCIS will use the anticipated 

inflation rates used in the President’s 

annual budget request. BCIS will inform 

the public of the new fee schedule 

through a notice published in the 

Federal Register and on its Web site. 

Regulatory Flexibility Act 

This rule has been reviewed in 

accordance with 5 U.S.C. 605(b), and 

the Department of Homeland Security 

certifies that this rule will not have a 

significant economic impact on a 

substantial number of small entities. 

The majority of applications and 

petitions are submitted by individuals 

and not small entities as that term is 

defined in 5 U.S.C. 601(6). 

BCIS acknowledges, however, that a 

number of small entities, particularly 

those filing business-related 

applications and petitions, such as Form 

I–140, Immigrant Petition for Alien 

Worker; Form I–526, Immigrant Petition 

by Alien Entrepreneur; and Form I–829, 

Petition by Entrepreneur to Remove 

Conditions, may be affected by this rule. 

For the FY 2004/2005 biennial time 

period, BCIS projects that 

approximately 190,000 Forms I–140, 

435 Forms I–526, and 508 Forms I–829 

will be filed. However, this volume 

represents petitions filed by a variety of 

businesses, ranging from large 

multinational corporations to small 

domestic businesses. BCIS does not 

collect data on the size of the businesses 

filing petitions, and therefore does not 

know the number of small businesses 

that may be affected by this rule. 

However, even if all of the employers 

applying for benefits met the definition 

of small businesses, the resulting degree 

of economic impact would not require 

a Regulatory Flexibility Analysis to be 

performed. 

Unfunded Mandates Reform Act of 

1995

This rule will not result in the 

expenditure by State, local and tribal 

governments, in the aggregate, or by the 

private sector of $100 million or more 

in any one year, and it will not 

significantly or uniquely affect small 

governments. Therefore, no actions were 

deemed necessary under the provisions 

of the Unfunded Mandates Reform Act 

of 1995. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 

This rule is a major rule as defined by 

section 804 of the Small Business 

Regulatory Enforcement Act of 1996. 

This rule will result in an annual effect 

on the economy of more than $100 

million, in order to generate the revenue 

necessary to fully fund the increased 

cost associated with the processing of 

immigration benefit applications and 

associated support benefits; the full cost 

of providing similar benefits to asylum 

and refugee applicants; and the full cost 

of similar benefits provided to other 

immigrants, as specified in the 

regulation, at no charge. The increased 

costs will be recovered through the fees 

charged for various immigration benefit 

applications. 

Executive Order 12866 

This rule is considered by the 

Department of Homeland Security to be 

a ‘‘significant regulatory action’’ under 

Executive Order 12866, section 3(f), 

Regulatory Planning and Review. The 

implementation of this interim rule 

would provide BCIS with an additional 

$232 million in FY 2004 and $394 

million in FY 2005 in annual fee 

revenue, based on a projected annual 

fee-paying volume of 6.8 million, over 

the fee revenue that would be collected 

under the current fee structure. This 

increase in revenue will be used 

pursuant to subsections 286(m) and (n) 

of the INA to fund the full costs of 

processing immigration benefit 

applications and associated support 

benefits; the full cost of providing 

similar benefits to asylum and refugee 

applicants; and the full cost of similar 

benefits provided to other immigrants at 

no charge. If BCIS does not adjust the 

current fees to recover the full costs of 

processing immigration benefit 

applications, the backlog will likely 

increase. The revenue increase is based 

on BCIS costs and projected volumes 

that were available at the time of the 

rule. Accordingly, this rule has been 

reviewed by the Office of Management 

and Budget. 

Executive Order 13132 

This rule will not have substantial 

direct effects on the States, on the 

relationship between the National 

Government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, in 

accordance with section 6 of Executive 

Order 13132, the Department of 

Homeland Security has determined that 

this rule does not have sufficient 

Federalism implications to warrant the 

preparation of a federalism summary 

impact statement. 

Executive Order 12988: Civil Justice 

Reform 

This rule meets the applicable 

standards set forth in sections 3(a) and 

3(b)(2) of Executive Order 12988. 

Paperwork Reduction Act 

Under the Paperwork Reduction Act 

of 1995, Public Law No. 104–13, 109 

Stat. 163 (1995), all Departments are 

required to submit to OMB, for review 

and approval, any reporting or 

recordkeeping requirements inherent in 

a rule. This rule does not impose any 

new reporting or recordkeeping 

requirements under the Paperwork 

Reduction Act. 

It should be noted that the changes to 

the fees will require changes to the 

application/petition forms to reflect the 

new fees. BCIS will submit a 

notification to OMB with respect to any 

such changes.

List of Subjects in 8 CFR Part 103 

Administrative practice and 

procedures, Authority delegations 

(government agencies), Freedom of 

information, Privacy, Reporting and 

recordkeeping requirements, Surety 

bonds.

Accordingly, part 103 of chapter I of 

title 8 of the Code of Federal 

Regulations is proposed to be amended 

as follows:

PART 103—POWERS AND DUTIES; 

AVAILABILITY OF RECORDS 

1. The authority citation for part 103 

continues to read as follows:

Authority: 5 U.S.C. 301, 552, 552(a); 8 

U.S.C. 1101, 1103, 1304, 1356; 31 U.S.C. 

9701; Public Law 107–296, 116 Stat. 2135 (6 

U.S.C. 1 et seq.); E.O. 12356, 47 FR 14874, 

15557; 3 CFR, 1982 Comp., p. 166; 8 CFR part 

2. 

2. Section 103.7(b) is amended by: 

a. Removing the entry ‘‘For 

fingerprinting by the Service’’ and 

adding the entry ‘‘For capturing 

biometric information’’ in its place, and 

by revising the entries for the following 

forms in paragraph (b)(1); 

5092 Federal Register / Vol. 69, No. 22 / Tuesday, February 3, 2004 / Proposed Rules 

b. Adding the entry for ‘‘Form N–

600K’’ in paragraph (b)(1); 

c. Revising paragraph (b)(2); and by 

d. Adding a new paragraph (b)(3). 

The revisions and additions read as 

follows:

§ 103.7 Fees.

* * * * *

(b) * * * 

(1) * * *

* * * * *

For capturing biometric information. 

A service fee of $70 will be charged for 

any individual who is required to have 

biometric information captured in 

connection with an application or 

petition for certain immigration and 

naturalization benefits (other than 

asylum), and whose residence is in the 

United States.

* * * * *

Form I–90. For filing an application 

for a Permanent Resident Card (Form I–

551) in lieu of an obsolete card or in lieu 

of one lost, mutilated, or destroyed, or 

for a change in name—$185.

* * * * *

Form I–102. For filing a petition for 

an application (Form I–102) for Arrival/

Departure Record (Form I–94) or 

Crewman’s Landing (Form I–95), in lieu 

of one lost, mutilated, or destroyed—

$155. 

Form I–129. For filing a petition for a 

nonimmigrant worker—$185. 

Form I–129F. For filing a petition to 

classify a nonimmigrant as a fiance ́e or 

fiance ́ under section 214(d) of the Act—

$165. 

Form I–130. For filing a petition to 

classify status of an alien relative for 

issuance of an immigrant visa under 

section 204(a) of the Act—$185. 

Form I–131. For filing an application 

for travel documents—$165. 

Form I–140. For filing a petition to 

classify preference status of an alien on 

the basis of profession or occupation 

under section 204(a) of the Act—$190. 

Form I–191. For filing an application 

for discretionary relief under section 

212(c) of the Act—$250.

Form I–192. For filing an application 

for discretionary relief under section 

212(d)(3) of the Act, except in an 

emergency case, or where the approval 

of the application is in the interest of 

the United States Government—$250. 

Form I–193. For filing an application 

for waiver of passport and/or visa—

$250. 

Form I–212. For filing an application 

for permission to reapply for an 

excluded, deported or removed alien, an 

alien who has fallen into distress, an 

alien who has been removed as an alien 

enemy, or an alien who has been 

removed at government expense in lieu 

of deportation—$250.

* * * * *

Form I–360. For filing a petition for 

an Amerasian, Widow(er), or Special 

Immigrant—$185, except there is no fee 

for a petition seeking classification as an 

Amerasian. 

Form I–485. For filing an application 

for permanent resident status or creation 

of a record of lawful permanent 

residence—$315 for an applicant 14 

years of age or older; $215 for an 

applicant under the age of 14 years; no 

fee for an applicant filing as a refugee 

under section 209(a) of the Act.

* * * * *

Form I–526. For filing a petition for 

an alien entrepreneur—$465. 

Form I–539. For filing an application 

to extend or change nonimmigrant 

status—$195.

* * * * *

Form I–600. For filing a petition to 

classify an orphan as an immediate 

relative for issuance of an immigrant 

visa under section 204(a) of the Act. 

(When more than one petition is 

submitted by the same petitioner on 

behalf of orphans who are brothers or 

sisters, only one fee will be required.)—

$525. 

Form I–600A. For filing an 

application for advance processing of 

orphan petition. (When more than one 

petition is submitted by the same 

petitioner on behalf of orphans who are 

brothers or sisters, only one fee will be 

required.)—$525. 

Form I–601. For filing an application 

for waiver of ground of inadmissibility 

under section 212(h) or (i) of the Act. 

(Only a single application and fee shall 

be required when the alien is applying 

simultaneously for a waiver under both 

those subsections.)—$250. 

Form I–612. For filing an application 

for waiver of the foreign-residence 

requirement under section 212(e) of the 

Act—$250. 

Form I–687. For filing an application 

for status as a temporary resident under 

section 245A(a) of the Act. A fee of $240 

for each application or $105 for each 

application for a minor child (under 18 

years of age) is required at the time of 

filing with the Department of Homeland 

Security. The maximum amount 

payable by a family (husband, wife, and 

any minor children) shall be $585. 

Form I–690. For filing an application 

for waiver of a ground of inadmissibility 

under section 212(a) of the Act as 

amended, in conjunction with the 

application under sections 210 or 245A 

of the Act, or a petition under section 

210A of the Act—$90. 

Form I–694. For appealing the denial 

of an application under sections 210 or 

245A of the Act, or a petition under 

section 210A of the Act—$105. 

Form I–695. For filing an application 

for replacement of temporary resident 

card (Form I–688)—$65.

Form I–698. For filing an application 

for adjustment from temporary resident 

status to that of lawful permanent 

resident under section 245A(b)(1) of the 

Act. For applicants filing within 31 

months from the date of adjustment to 

temporary resident status, a fee of $135 

for each application is required at the 

time of filing with the Department of 

Homeland Security. The maximum 

amount payable by a family (husband, 

wife, and any minor children (under 18 

years of age living at home)) shall be 

$405. For applicants filing after thirtyone months from the date of approval of 

temporary resident status, who file their 

applications on or after July 9, 1991, a 

fee of $175 (a maximum of $525 per 

family) is required. The adjustment date 

is the date of filing of the application for 

permanent residence or the applicant’s 

eligibility date, whichever is later.

* * * * *

Form I–751. For filing a petition to 

remove the conditions on residence, 

based on marriage—$200. 

Form I–765. For filing an application 

for employment authorization pursuant 

to 8 CFR 274a.13—$175.

* * * * *

Form I–817. For filing an application 

for voluntary departure under the 

Family Unity Program—$195.

* * * * *

Form I–824. For filing for action on an 

approved application or petition—$195. 

Form I–829. For filing a petition by 

entrepreneur to remove conditions—

$455. 

Form I–881. For filing an application 

for suspension of deportation or special 

rule cancellation of removal (pursuant 

to section 203 of Public Law 105–100): 

—$275 for adjudication by the 

Department of Homeland Security, 

except that the maximum amount 

payable by family members (related as 

husband, wife, unmarried child under 

21, unmarried son, or unmarried 

daughter) who submit applications at 

the same time shall be $550. 

—$155 for adjudication by the 

Immigration Court (a single fee of $155 

will be charged whenever applications 

are filed by two or more aliens in the 

same proceedings). The $155 fee is not 

required if the Form I–881 is referred to 

the Immigration Court by the 

Department of Homeland Security.

* * * * *

Form I–914. For filing an application 

to classify an alien as a nonimmigrant 

under section 101(a)(15)(T) of the Act 

Federal Register / Vol. 69, No. 22 / Tuesday, February 3, 2004 / Proposed Rules 5093

(victims of a severe form of trafficking 

in persons and their immediate family 

members)—$255. For each immediate 

family member included on the same 

application, an additional fee of $105 

per person, up to a maximum amount 

payable per application of $510. 

Form N–300. For filing an application 

for declaration of intention—$115. 

Form N–336. For filing a request for 

hearing on a decision in naturalization 

proceedings under section 336 of the 

Act—$250. 

Form N–400. For filing an application 

for naturalization (other than such 

application filed on or after October 1, 

2004, by an applicant who meets the 

requirements of sections 328 or 329 of 

the Act with respect to military service, 

for which no fee is charged)—$320.

* * * * *

Form N–470. For filing an application 

for benefits under section 316(b) or 317 

of the Act—$150. 

Form N–565. For filing an application 

for a certificate of naturalization or 

declaration of intention in lieu of a 

certificate or declaration alleged to have 

been lost, mutilated, or destroyed; for a 

certificate of citizenship in a changed 

name under section 343(c) of the Act; or 

for a special certificate of naturalization 

to obtain recognition as a citizen of the 

United States by a foreign state under 

section 343(b) of the Act—$210. 

Form N–600. For filing an application 

for a certificate of citizenship under 

section 309(c) or section 341 of the 

Act—$240, for applications filed on 

behalf of a biological child and $200 for 

applications filed on behalf of an 

adopted child. 

Form N–600K. For filing an 

application for citizenship and issuance 

of certificate under section 322 of the 

Act—$240, for an application filed on 

behalf of a biological child and $200 for 

an application filed on behalf of an 

adopted child.

* * * * *

(2) Fees for production or disclosure 

of records under 5 U.S.C. 552 shall be 

charged in accordance with the 

regulations of the Department of 

Homeland Security, 6 CFR 5.11. 

(3) The fees prescribed in paragraph 

(b)(1) of this section shall be adjusted at 

least annually on or after October 1, 

2005, by publication of an inflation 

adjustment. The inflation adjustment 

will be announced by notice in the 

Federal Register, and shall be based 

upon the inflation rate enacted by 

Congress. If Congress has not enacted 

the inflation rate by the start of the year, 

BCIS will use the anticipated inflation 

rates used in the President’s annual 

budget request. The prescribed fee or 

charge shall be the amount prescribed in 

paragraph (b)(1) of this section, as 

amended by the latest of any such 

inflation adjustment. The fees have been 

rounded to the nearest whole $5 

increment in accordance with BCIS’

standard practice.

* * * * *

Dated: January 30, 2004. 

Tom Ridge, 

Secretary of Homeland Security.

[FR Doc. 04–2290 Filed 1–30–04; 2:44 pm] 

BILLING CODE 4410–10–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2004–16914; Airspace 

Docket No. 04–AAL–01] 

Proposed Establishment of Class E 

Airspace; Akhiok, AK

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: This action proposes to 

establish new Class E airspace at 

Akhiok, AK. A new Standard 

Instrument Approach Procedure (SIAP) 

and a new Departure Procedure are 

being published for the Akhiok Airport. 

There is no existing Class E airspace to 

contain aircraft executing the new 

instrument approach at Akhiok, AK. 

Adoption of this proposal would result 

in the establishment of Class E airspace 

upward from 700 feet (ft.) and 1,200 ft. 

above the surface at Akhiok, AK.

DATES: Comments must be received on 

or before March 19, 2004.

ADDRESSES: Send comments on the 

proposal to the Docket Management 

System, U.S. Department of 

Transportation, Room Plaza 401, 400 

Seventh Street, SW., Washington, DC 

20590–0001. You must identify the 

docket number FAA–2004–16914/

Airspace Docket No. 04–AAL–01, at the 

beginning of your comments. You may 

also submit comments on the Internet at 

http://dms.dot.gov. You may review the 

public docket containing the proposal, 

any comments received, and any final 

disposition in person in the Dockets 

Office between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. The Docket Office (telephone 

1–800–647–5527) is on the plaza level 

of the Department of Transportation 

NASSIF Building at the above address. 

An informal docket may also be 

examined during normal business hours 

at the office of the Regional Air Traffic 

Division, Federal Aviation 

Administration, Manager, Operations 

Branch, AAL–530, Federal Aviation 

Administration, 222 West 7th Avenue, 

Box 14, Anchorage, AK 99513–7587.

FOR FURTHER INFORMATION CONTACT:

Jesse Patterson, AAL–538G, Federal 

Aviation Administration, 222 West 7th 

Avenue, Box 14, Anchorage, AK 99513–

7587; telephone number (907) 271–

5898; fax: (907) 271–2850; e-mail: 

Jesse.ctr.Patterson@faa.gov. Internet 

address: http://www.alaska.faa.gov/at.

SUPPLEMENTARY INFORMATION: 

Comments Invited 

Interested parties are invited to 

participate in this proposed rulemaking 

by submitting such written data, views, 

or arguments as they may desire. 

Comments that provide the factual basis 

supporting the views and suggestions 

presented are particularly helpful in 

developing reasoned regulatory 

decisions on the proposal. Comments 

are specifically invited on the overall 

regulatory, aeronautical, economic, 

environmental, and energy-related 

aspects of the proposal. 

Communications should identify both 

docket numbers and be submitted in 

triplicate to the address listed above. 

Commenters wishing the FAA to 

acknowledge receipt of their comments 

on this notice must submit with those 

comments a self-addressed, stamped 

postcard on which the following 

statement is made: ‘‘Comments to 

Docket No. FAA–2004–16914/Airspace 

Docket No. 04–AAL–01.’’ The postcard 

will be date/time stamped and returned 

to the commenter. 

All communications received on or 

before the specified closing date for 

comments will be considered before 

taking action on the proposed rule. The 

proposal contained in this notice may 

be changed in light of comments 

received. All comments submitted will 

be available for examination in the 

public docket both before and after the 

closing date for comments. A report 

summarizing each substantive public 

contact with FAA personnel concerned 

with this rulemaking will be filed in the 

docket. 

Availability of Notice of Proposed 

Rulemaking’s (NPRM’s) 

An electronic copy of this document 

may be downloaded through the 

Internet at http://dms.dot.gov. Recently 

published rulemaking documents can 

also be accessed through the FAA’s Web 

page at http://www.faa.gov or the 

Superintendent of Document’s Web 

page at http://www.access.gpo.gov/nara.

Additionally, any person may obtain 

a copy of this notice by submitting a