56182 Federal Register / Vol. 70, No. 185 / Monday, September 26, 2005 / Notices 

for Admission into the United States 

after Deportation or Removal. 

(3) Agency form number, if any, and 

the applicable component of the 

Department of Homeland Security 

sponsoring the collection: Form I–212. 

U.S. Citizenship and Immigration 

Services. 

(4) Affected public who will be asked 

or required to respond, as well as a brief 

abstract: Primary: Individuals or 

households. The information furnished 

on Form I–212 will be used by the 

USCIS to adjudicate applications filed 

by aliens requesting consent to reapply 

for admission to the United States after 

deportation, removal or departure, as 

provided under section 212. 

(5) An estimate of the total number of 

respondents and the amount of time 

estimated for an average respondent to 

respond: 4,200 responses at 2 hours per 

response. 

(6) An estimate of the total public 

burden (in hours) associated with the 

collection: 8,400 annual burden hours. 

If you have additional comments, 

suggestions, or need a copy of the 

information collection instrument, 

please contact Richard A. Sloan, 

Director, Regulatory Management 

Division, U.S. Citizenship and 

Immigration Services, 111 

Massachusetts Avenue, NW., 

Washington, DC 20529; 202–272–8377. 

Dated: September 21, 2005. 

Stephen R. Tarragon, 

Acting Director, Regulatory Management 

Division, U.S. Citizenship and Immigration 

Services. 

[FR Doc. 05–19155 Filed 9–23–05; 8:45 am] 

BILLING CODE 4410–10–M 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Citizenship and Immigration 

Services 

[CIS No. 2352–05] 

RIN 1615–ZA23 

Adjustment of the Immigration Benefit 

Application Fee Schedule 

AGENCY: U.S. Citizenship and 

Immigration Services, Department of 

Homeland Security. 

ACTION: Notice. 

SUMMARY: This Notice announces that 

the Department of Homeland Security, 

U.S. Citizenship and Immigration 

Services, will increase the fees for 

immigration benefit applications and 

petitions to account for cost increases 

due to inflation. The fee increases will 

apply to applications or petitions filed 

on or after October 26, 2005. The 

average fee increase for inflation is 

approximately $10 per application or 

petition. Fees collected from persons 

filing immigration benefit applications 

and petitions are deposited into the 

Immigration Examinations Fee Account 

and are used to fund the full cost of 

providing immigration benefits, 

including the full cost of providing 

benefits such as asylum and refugee 

admission for which no fees are 

assessed. 

DATES: This notice is effective October 

26, 2005. 

FOR FURTHER INFORMATION CONTACT: Paul 

Schlesinger, Director, Office of Budget, 

U.S. Citizenship and Immigration 

Services, 20 Massachusetts Ave., NW., 

Suite 4052, Washington, DC 20529, 

telephone (202) 272–1930. 

SUPPLEMENTARY INFORMATION: 

Under What Legal Authority Does U.S. 

Citizenship and Immigration Services 

Have To Charge Fees? 

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 also states that the fees may 

recover administrative costs as well. Id. 

This revenue remains available to 

provide immigration and naturalization 

benefits and the collection, 

safeguarding, and accounting for fees. 

Id. at 1356(n). 

U.S. Citizenship and Immigration 

Services (USCIS) must also conform to 

the requirements of the Chief Financial 

Officers Act of 1990 (CFO Act), Public 

Law 101–576, 104 Stat. 2838 (1990) 

(codified at 31 U.S.C. 901–903). 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.’’ 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 USCIS 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, USCIS 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 

Immigration Examination Fee Account 

(IEFA). See 100 Public Law 459, 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 that the IEFA fund 

the cost of asylum processing and other 

services provided to immigrants at no 

charge. See 101 Public Law 515, 

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 and other factors; the fees 

were last changed effective April 30, 

2004. 69 FR 20528. The current fees also 

include a $5 per immigration benefit 

application surcharge to recover 

information technology and quality 

assurance costs. This surcharge allows 

USCIS to improve upon the delivery of 

Federal Register / Vol. 70, No. 185 / Monday, September 26, 2005 / Notices 56183 

services to its customers such as offering 

electronic filing for certain immigration 

benefit applications. 

What Is the Authority of USCIS To 

Adjust Immigration Benefit Application 

Fees for Inflation by Federal Register 

Notice? 

The authority for adjusting 

immigration benefit application fees for 

inflation by Federal Register Notice is 

contained in 8 CFR 103.7(b)(3): 

The fees prescribed in paragraph (b)(1) of 

this section shall be adjusted 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 the adjustment 

shall be a composite of the Federal civilian 

pay raise assumption and non-pay inflation 

factor for that fiscal year issued by the Office 

of Management and Budget for agency use in 

implementing OMB Circular A–76, weighted 

by pay and non-pay proportions of total 

funding for that fiscal year. If Congress enacts 

a different Federal civilian pay raise 

percentage than the percentage issued by 

OMB for Circular A–76, the Department of 

Homeland Security may adjust the fees, 

during the current year or a following year 

to reflect the enacted level. The prescribed 

fee or charge shall be the amount prescribed 

in paragraph (b)(1) of this section, plus the 

latest inflation adjustment, rounded to the 

nearest $5 increment. 

See generally 69 FR 20528 (2004). 

Beginning on October 26, 2005, the 

public should no longer rely on the fee 

schedule set forth in 8 CFR 103.7(b)(1) 

as the fees specified in the 103.7(b)(1) 

schedule do not include the inflation 

adjustments described in this Notice. 

The changes to the fees announced in 

this Notice will appear on the 

companion instructions to the 

application/petition forms. In addition, 

this information will be available to the 

public on the USCIS Web site at http:// 

www.uscis.gov, via an agency 

information brochure accompanying 

hard copies of the forms, and by 

contacting the National Customer 

Information Center using the toll free 

number at 1–800–375–5283. 

What Is the Basis for the Fee 

Adjustments for Inflation? 

The current fees are adjusted for the 

fiscal year (FY) 2006 and FY 2007 

biennial period by pay (Federal 

employee payroll and benefits) and nonpay (contracts, utilities, rent, etc.) 

inflation factors issued by the Office of 

Management and Budget (OMB) used in 

implementing OMB Circular A–76 

(Performance of Commercial Activities). 

OMB Circular A–76 publishes the 

inflation factors used in calculating pay 

and non-pay increases contained in the 

President’s annual budget request. Since 

Congress enacted a different federal 

civilian pay raise percentage than the 

percentage used in calculating the 

current fees for the FY 2004 and FY 

2005 biennial period, the fees are also 

adjusted to reflect the congressionallyenacted levels. For example, because the 

fees were adjusted using a 1.7 percent 

pay raise factor in FY 2005, whereas 

Congress enacted a 3.65 percent pay 

raise factor the fees are raised by the 

difference, 1.95 percent. See 8 CFR 

103.7(b)(3). The fees are rounded up or 

down to the nearest $5 increment 

consistent with past fee adjustment 

practices. Id. The average fee increase is 

$10, but the amount varies from $5–$20 

relative to the amount of the 

application/petition fee. Even with the 

inflationary fee adjustments, the fees 

collected do not exceed the full cost of 

providing immigration benefits, 

including the full cost of providing 

benefits such as asylum and refugee 

admission for which no fees are 

assessed. 

The methodology basically has two 

components: one that accounts for the 

difference between the enacted and 

projected inflation levels imbedded in 

the current fees for the FY 2004 and FY 

2005 biennial period, and one that 

accounts for the projected inflation 

levels for the FY 2006 and FY 2007 

biennial period. As an example of the 

methodology, an inflationary increase of 

$6.86 was originally built into the 

current $315 fee for the Form I–485 

(Application to Register Permanent 

Residence or to Adjust Status) for the 

FY 2004 and FY 2005 biennial period. 

Based on the projected pay inflation 

factors of 2.3 percent (1.7 percent for 

three-quarters of the 2004 calendar year; 

4.1 percent for one-quarter of the 2004 

calendar year) and 1.7 percent (entire 

2005 calendar year) versus enacted 

inflation factors of 4.1 percent (entire 

2004 calendar year) and 3.65 percent 

(3.5 percent for three-quarters of the 

2005 calendar year; 4.1 percent for onequarter of the 2005 calendar year) for 

fiscal years 2004 and 2005, the 

inflationary increase should have been 

3.13 percent, or $9.86. The net 

difference of $3.00 increases the costs of 

the Form I–485 from $313.63 to $316.63. 

However, rounding down to the nearest 

$5 increment did not change the $315 

current fee for the Form I–485. Based on 

the projected pay inflation factors of 2.8 

percent (2.6 percent for three-quarters of 

the calendar year; 3.5 percent for onequarter of the calendar year) and 2.6 

percent (entire calendar year) for fiscal 

years 2006 and 2007, the inflationary 

increase is $10.25. This increases the 

costs of the Form I–485 from $315 to 

$325.25. Rounding down to the nearest 

$5 increment raises the fee by $10, from 

$315 to $325. The total fee increase is 

$10. 

As stated previously, the size of the 

fee increase varies relative to the 

amount of the application/petition fee. 

However, rounding discrepancies 

account for exceptions to this general 

rule. For example, even though the 

current fee for the Form I–193 

(Application for Waiver of Passport and/ 

or Visa) is smaller than the Form I–485 

fee, the fee increase is greater. This is 

because the Form I–193 was rounding 

up to the nearest $5 increment and the 

Form I–485 was rounding down to the 

nearest $5 increment. An inflationary 

increase of $5.25 was originally built 

into the current $250 fee for the Form 

I–193 for the FY 2004 and 2005 biennial 

period. Based on the projected pay 

inflation factors of 2.3 percent (1.7 

percent for three-quarters of the 

calendar year; 4.1 percent for onequarter of the calendar year) and 1.7 

percent (entire calendar year) versus 

enacted inflation factors of 4.1 percent 

(entire calendar year) and 3.65 percent 

(3.5 percent for three-quarters of the 

calendar year; 4.1 percent for onequarter of the calendar year) for fiscal 

years 2004 and 2005, the actual 

inflationary increase is $7.54. The net 

difference of $2.30 increases the costs of 

the Form I–193 from $252.02 to $254.31. 

In this case, rounding up to the nearest 

$5 increment increased the current fee 

for the Form I–193 from $250 to $255. 

Based on the projected pay inflation 

factors of 2.8 percent (2.6 percent for 

three-quarters of the calendar year; 3.5 

percent for one-quarter of the calendar 

year) and 2.6 percent (entire calendar 

year) for fiscal years 2006 and 2007, the 

inflationary increase is $8.30. This 

increases the costs of the Form I–193 

from $255 to $263.30. Rounding up to 

the nearest $5 increment raises the fee 

by $10, from $255 to $265. The total fee 

increase is $15. 

Besides the normal payroll increases 

mandated for government employees 

each year, inflation-based cost increases 

have appeared in significant non-payroll 

items such as rent, physical security, 

investment technology, and contracts. 

More specifically, USCIS has observed 

cost increases due to inflation in some 

of its largest contracts including those 

for Service Center operations, 

adjudications clerical support, 

Application Support Centers, card 

production facilities, the National 

Records Center, the National Benefits 

Center, and the National Customer 

Service Center. 

56184 Federal Register / Vol. 70, No. 185 / Monday, September 26, 2005 / Notices 

What Are the New Application Fees 

and How Do the New Fees Compare to 

the Current Fees? 

The 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 ........................................................... $190 $185 $5 

I–102 ................. Application for Replacement/Initial Nonimmigrant Arrival/Departure Record .................. 160 155 5 

I–129 ................. Petition for a Nonimmigrant Worker ................................................................................. 190 185 5 

I–129F .............. Petition for Alien Fiance ́(e) ............................................................................................... 170 165 5 

I–130 ................. Petition for Alien Relative ................................................................................................. 190 185 5 

I–131 ................. Application for Travel Document ...................................................................................... 170 165 5 

I–140 ................. Immigrant Petition for Alien Worker ................................................................................. 195 190 5 

I–191 ................. Application for Permission to Return to an Unrelinquished Domicile .............................. 265 250 15 

I–192 ................. Application for Advance Permission to Enter as a Nonimmigrant ................................... 265 250 15 

I–193 ................. Application for Waiver of Passport and/or Visa ............................................................... 265 250 15 

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

Removal.

265 250 15 

I–360 ................. Petition for Amerasian, Widow(er), or Special Immigrant ................................................ 190 185 5 

I–485 ................. Application to Register Permanent Residence or to Adjust Status ................................. 1325 315 10 

I–526 ................. Immigrant Petition by Alien Entrepreneur ........................................................................ 480 465 15 

I–539 ................. Application to Extend/Change Nonimmigrant Status ....................................................... 200 195 5 

I–600/600A ....... Petition to Classify Orphan as an Immediate Relative/Application for Advance Processing or Orphan Petition.545 525 20 

I–601 ................. Application for Waiver on Grounds of Excludability ......................................................... 265 250 15 

I–612 ................. Application for Waiver of the Foreign Residence Requirement ....................................... 265 250 15 

I–687 ................. For Filing Application for Status as a Temporary Resident ............................................. 2255 240 15 

I–690 ................. Application for Waiver of Excludability ............................................................................. 95 90 5 

I–694 ................. Notice of Appeal of Decision ............................................................................................ 110 105 5 

I–698 ................. Application to Adjust Status from Temporary to Permanent Resident ............................ 3180 175 5 

I–751 ................. Petition to Remove the Conditions on Residence ........................................................... 205 200 5 

I–765 ................. Application for Employment Authorization ........................................................................ 180 175 5 

I–817 ................. Application for Family Unity Benefits ................................................................................ 200 195 5 

I–824 ................. Application for Action on an Approved Application or Petition ........................................ 200 195 5 

I–829 ................. Petition by Entrepreneur to Remove Conditions .............................................................. 475 455 20 

I–881 ................. NACARA—Suspension of Deportation or Application for Special Rule Cancellation of 

Removal.

4285 275 10 

I–914 ................. Application for T Nonimmigrant Status ............................................................................. 5270 255 15 

N–300 ............... Application to File Declaration of Intention ....................................................................... 120 115 5 

N–336 ............... Request for Hearing on a Decision in Naturalization Procedures ................................... 265 250 15 

N–400 ............... Application for Naturalization ............................................................................................ 330 320 10 

N–470 ............... Application to Preserve Residence for Naturalization Purposes ..................................... 155 150 5 

N–565 ............... Application for Replacement Naturalization Citizenship Document ................................. 220 210 10 

N–600 ............... Application for Certification of Citizenship ........................................................................ 255 240 15 

N–600K ............. Application for Citizenship and Issuance of Certificate under Section 322 ..................... 6255 240 15 

1 225 for an applicant under the age of 14 years (a $10 increase from the current $215). See 8 CFR 103.7(b)(1). 2A fee of $255 for each application or $120 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 $630. See 8 

CFR 103.7(b)(1). 3For applicants filing within 31 months from the date of adjustment to temporary resident status, a fee of $140 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 $420. For applicants filing after 31 months from the date of approval of temporary resident status, 

who file their applications on or after July 9, 1991, a fee of $180 (a maximum of $540 per family) is required. See 8 CFR 103.7(b)(1). 4 $285 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 $570. $165 

for adjudication by the Immigration Court (a single fee of $165 will be charged whenever applications are filed by two or more aliens in the same 

proceedings). See 8 CFR 103.7(b)(1). 5For each immediate family member included on the same application, an additional fee of $120 per person, up to a maximum amount payable per application of $540. See 8 CFR 103.7(b)(1). 6 $215 for an application filed on behalf of an adopted child. 8 CFR 103.7(b)(1). 

Paperwork Reduction Act 

Under the Paperwork Reduction Act 

of 1995, Public Law 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 regulatory action. This Notice does not 

impose any new reporting or 

recordkeeping requirements under the 

Paperwork Reduction Act. Appropriate 

paperwork will be filed with OMB to 

reflect the change in the annual public 

cost for each information collection. 

Dated: September 21, 2005. 

Robert C. Divine, 

Acting Deputy Director, U.S. Citizenship and 

Immigration Services. 

[FR Doc. 05–19226 Filed 9–23–05; 8:45 am] 

BILLING CODE 4410–10–P