II 

116TH CONGRESS 

2D SESSION H. R. 8089 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 8, 2020 

Received 

AN ACT 

To amend the Immigration and Nationality Act to expand 

premium processing for certain immigration benefits, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


kjohnson on DSK79L0C42PROD with BILLS
2 

HR 8089 RDS

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Emergency Stopgap 

3 USCIS Stabilization Act’’. 

4 SECTION 2. EXPANSION OF PREMIUM PROCESSING. 

5 (a) IN GENERAL.—Section 286(u) of the Immigra6 tion and Nationality Act (8 U.S.C. 1356(u)) is amended 

7 to read as follows: 

8 ‘‘(u) PREMIUM FEE FOR CERTAIN IMMIGRATION

9 BENEFIT TYPES.— 

10 ‘‘(1) IN GENERAL.—The Secretary of Homeland 

11 Security is authorized to establish and collect a pre12 mium fee for the immigration benefit types described 

13 in paragraph (2). Such fee shall be paid in addition 

14 to any other fees authorized by law, deposited as off15 setting receipts in the Immigration Examinations 

16 Fee Account established under subsection (m), and 

17 used for the purposes described in paragraph (4). 

18 ‘‘(2) IMMIGRATION BENEFIT TYPES.—Subject 

19 to reasonable conditions or limitations, the Secretary 

20 shall establish a premium fee under paragraph (1) 

21 in connection with— 

22 ‘‘(A) employment-based nonimmigrant pe23 titions and associated applications for depend24 ents of the beneficiaries of such petitions; 


kjohnson on DSK79L0C42PROD with BILLS
3 

HR 8089 RDS

1 ‘‘(B) employment-based immigrant peti2 tions filed by or on behalf of aliens described in 

3 paragraph (1), (2), or (3) of section 203(b); 

4 ‘‘(C) applications to change or extend non5 immigrant status; 

6 ‘‘(D) applications for employment author7 ization; and 

8 ‘‘(E) any other immigration benefit type 

9 that the Secretary deems appropriate for pre10 mium processing. 

11 ‘‘(3) AMOUNT OF FEE.— 

12 ‘‘(A) IN GENERAL.—Subject to subpara13 graph (C), with respect to an immigration ben14 efit type designated for premium processing by 

15 the Secretary on or before August 1, 2020, the 

16 premium fee shall be $2,500, except that the 

17 premium fee for a petition for classification of 

18 a nonimmigrant described in subparagraph 

19 (H)(ii)(b) or (R) of section 101(a)(15) shall be 

20 $1,500. 

21 ‘‘(B) OTHER IMMIGRATION BENEFIT

22 TYPES.—With respect to an immigration benefit 

23 type designated for premium processing but not 

24 described in subparagraph (A), the initial pre25 mium fee shall be established by regulation, 


kjohnson on DSK79L0C42PROD with BILLS
4 

HR 8089 RDS

1 which shall include a detailed methodology sup2 porting the proposed premium fee amount. 

3 ‘‘(C) BIENNIAL ADJUSTMENT.—The Sec4 retary may adjust a premium fee under sub5 paragraph (A) or (B) on a biennial basis by the 

6 percentage (if any) by which the Consumer 

7 Price Index for All Urban Consumers for the 

8 month of June preceding the date on which 

9 such adjustment takes effect exceeds the Con10 sumer Price Index for All Urban Consumers for 

11 the same month of the second preceding cal12 endar year. The provisions of section 553 of 

13 title 5, United States Code, shall not apply to 

14 an adjustment authorized under this subpara15 graph. 

16 ‘‘(4) USE OF FEE.—Fees collected under this 

17 subsection may only be used by U.S. Citizenship and 

18 Immigration Services to— 

19 ‘‘(A) provide the services described in 

20 paragraph (5) to premium processing reques21 tors; 

22 ‘‘(B) make infrastructure improvements in 

23 adjudications processes and the provision of in24 formation and services to immigration and nat25 uralization benefit requestors; 


kjohnson on DSK79L0C42PROD with BILLS
5 

HR 8089 RDS

1 ‘‘(C) respond to adjudication demands, in2 cluding by reducing the number of pending im3 migration and naturalization benefit requests; 

4 and 

5 ‘‘(D) otherwise offset the cost of providing 

6 adjudication and naturalization services. 

7 ‘‘(5) PREMIUM PROCESSING SERVICES.—The 

8 Secretary— 

9 ‘‘(A) may suspend the availability of pre10 mium processing for designated immigration 

11 benefit requests only if circumstances prevent 

12 the completion of processing of a significant 

13 number of such requests within the required pe14 riod; and 

15 ‘‘(B) shall ensure that premium processing 

16 requestors have direct and reliable access to 

17 current case status information as well as the 

18 ability to communicate with the premium proc19 essing units at each service center or office that 

20 provides premium processing services.’’. 

21 (b) EXPANSION TO NEW BENEFIT REQUESTS.— 

22 (1) IN GENERAL.—Notwithstanding the re23 quirement to set a fee by regulation under section 

24 286(u)(3)(B) of the Immigration and Nationality 

25 Act (8 U.S.C. 1356(u)(3)(B)), as amended by subVerDate Sep 11 2014 21:53 Jan 04, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H8089.RDS H8089

kjohnson on DSK79L0C42PROD with BILLS
6 

HR 8089 RDS

1 section (a), the Secretary of Homeland Security may 

2 set a fee under that section without regard to the 

3 provisions of section 553 of title 5, United States 

4 Code, if such fee is consistent with the following: 

5 (A) For a petition for classification under 

6 section 203(b)(1)(C) of the Immigration and 

7 Nationality Act (8 U.S.C. 1153(b)(1)(C)), or a 

8 petition for classification under section 

9 203(b)(2) involving a waiver under section 

10 203(b)(2)(B) of such Act, the fee is set at an 

11 amount not greater than $2,500 and the re12 quired processing timeframe is not greater than 

13 45 days. 

14 (B) For an application under section 248 

15 of the Immigration and Nationality Act (8 

16 U.S.C. 1258) to change status to a classifica17 tion described in subparagraph (F), (J), or (M) 

18 of section 101(a)(15) of such Act (8 U.S.C. 

19 1101(a)(15)), the fee is set at an amount not 

20 greater than $1,750 and the required proc21 essing timeframe is not greater than 30 days. 

22 (C) For an application under section 248 

23 of the Immigration and Nationality Act (8 

24 U.S.C. 1258) to change status to be classified 

25 as a dependent of a nonimmigrant described in 


kjohnson on DSK79L0C42PROD with BILLS
7 

HR 8089 RDS

1 subparagraph (E), (H), (L), (O), (P), or (R) of 

2 section 101(a)(15) of such Act (8 U.S.C. 

3 1101(a)(15)), or to extend such classification, 

4 the fee is set at an amount not greater than 

5 $1,750 and the required processing timeframe 

6 is not greater than 30 days. 

7 (D) For an application for employment au8 thorization, the fee is set at an amount not 

9 greater than $1,500 and the required proc10 essing timeframe is not greater than 30 days. 

11 (2) CLARIFICATION.—The required processing 

12 timeframe for each of the applications and petitions 

13 described in paragraph (1) shall not commence until 

14 the date that all prerequisites for adjudication are 

15 received by the Secretary of Homeland Security. 

16 (c) OTHER BENEFIT REQUESTS.—In implementing 

17 the amendments made by subsection (a), the Secretary of 

18 Homeland Security shall develop and implement processes 

19 to ensure that the availability of premium processing, or 

20 its expansion to additional immigration benefit requests, 

21 does not result in an increase in processing times for im22 migration benefit requests not designated for premium 

23 processing or an increase in regular processing of immi24 gration benefit requests so designated. 


kjohnson on DSK79L0C42PROD with BILLS
8 

HR 8089 RDS

1 SEC. 3. REPORTING REQUIREMENTS. 

2 (a) IN GENERAL.—Not later than 180 days after the 

3 date of the enactment of this Act, the Secretary of Home4 land Security shall provide to the appropriate Committees 

5 a 5-year plan, including projected cost estimates, procure6 ment strategies, and a project schedule with milestones, 

7 to accomplish each of the following: 

8 (1) Establish electronic filing procedures for all 

9 applications and petitions for immigration benefits. 

10 (2) Accept electronic payment of fees at all fil11 ing locations. 

12 (3) Issue correspondence, including decisions, 

13 requests for evidence, and notices of intent to deny, 

14 to immigration benefit requestors electronically. 

15 (4) Improve processing times for all immigra16 tion and naturalization benefit requests. 

17 (b) SEMI-ANNUAL BRIEFINGS.—Not later than 180 

18 days after submission of the plan described in paragraph 

19 (1), and on a semi-annual basis thereafter, the Secretary 

20 shall advise the appropriate Committees on the implemen21 tation status of such plan. 

22 (c) APPROPRIATE COMMITTEES DEFINED.—In this 

23 section, the term ‘‘appropriate Committees’’ means— 

24 (1) the Committee on Appropriations, the Com25 mittee on the Judiciary, and the Committee on 


kjohnson on DSK79L0C42PROD with BILLS
9 

HR 8089 RDS

1 Homeland Security of the House of Representatives; 

2 and 

3 (2) the Committee on Appropriations, the Com4 mittee on the Judiciary, and the Committee on 

5 Homeland Security and Governmental Affairs of the 

6 Senate. 

7 SEC. 4. DETERMINATION OF BUDGETARY EFFECTS. 

8 The budgetary effects of this Act, for the purpose of 

9 complying with the Statutory Pay-As-You-Go Act of 2010, 

10 shall be determined by reference to the latest statement 

11 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 

12 Act, submitted for printing in the Congressional Record 

13 by the Chairman of the House Budget Committee, pro14 vided that such statement has been submitted prior to the 

15 vote on passage. 

Passed the House of Representatives August 22, 

2020. 

Attest: CHERYL L. JOHNSON, 

Clerk. 


kjohnson on DSK79L0C42PROD with BILLS