[Federal Register Volume 66, Number 246 (Friday, December 21, 2001)]
[Rules and Regulations]
[Pages 65811-65816]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-31452]



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Rules and Regulations
                                                Federal Register
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Federal Register / Vol. 66, No. 246 / Friday, December 21, 2001 / 
Rules and Regulations

[[Page 65811]]



DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 103

INS No. 2072-00; AG Order No. 2540-2001

RIN 1115-AF61


Adjustment of Certain Fees of the Immigration Examinations Fee 
Account

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Final rule.

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

SUMMARY: This rule adjusts the fee schedule of the Immigration 
Examinations Fee Account (IEFA) for certain immigration and 
naturalization applications and petitions, as well as the fee for the 
fingerprinting of applicants who apply for certain immigration and 
naturalization benefits. Fees collected from persons filing these 
applications and petitions are deposited into the IEFA and used to fund 
the full cost of processing immigration and naturalization applications 
and petitions 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. This rule ensures that the 
fees will allow the Immigration and Naturalization Service (Service) to 
process applications and petitions that it expects to receive in fiscal 
year (FY) 2002 and FY 2003 and to provide funding to other programs 
that receive IEFA funds.

DATES: This final rule is effective February 19, 2002. Applications or 
petitions mailed, postmarked, or otherwise filed, on or after this date 
require the new fee.

FOR FURTHER INFORMATION CONTACT: Paul Schlesinger, Chief, Immigration 
Services Branch, Office of Budget, Immigration and Naturalization 
Service, 425 I Street NW., Room 5307, Washington, DC 20536, telephone 
(202) 314-3410.

SUPPLEMENTARY INFORMATION:

I. Introduction

    The Service published a proposed rule in the Federal Register on 
August 8, 2001, at 66 FR 41456, to adjust certain fees of the IEFA. The 
fee adjustments are necessary to comply with specific federal 
immigration laws and the federal user fee statute and corresponding 
regulations and guidance, which require federal agencies to charge a 
fee for services when such services provide special benefits to 
recipients that do not accrue to the public at large. The revised fees 
are calculated to recover the full costs of providing these special 
benefits. The proposed rule was published with a 60-day comment period, 
which closed on October 9, 2001. The Service received 467 comments 
pertaining to the increases to the fees of the IEFA. The final rule 
implements the fee structure as outlined in the proposed rule, without 
change. Any applications or petitions mailed, postmarked, or otherwise 
filed, on or after February 19, 2002 will require the new fee.
    Comments were received from a broad spectrum of individuals and 
organizations, including 5 refugee and immigrant service organizations, 
17 public policy and advocacy groups, 5 attorney organizations, 129 
past and present adopting parents, and 311 concerned citizens or 
prospective citizens. All of the comments were carefully considered 
before preparing this final rule. The following is a discussion of 
these comments and the Service's response.

II. Summary of Comments

A. Form I-600/600A, Petition To Classify an Orphan as an Immediate 
Relative/Application for Advance Processing of Orphan Petitions

    One hundred and thirty comments were received expressing 
dissatisfaction with the fee increases associated with Forms I-600 and 
I-600A, Petition to Classify an Orphan as an Immediate Relative, and 
the Application for Advance Processing of Orphan Petition, 
respectively. All 130 comments received were similar in nature. The 
commenters indicated that these fees discriminated against United 
States citizens who wished to adopt abandoned children living in 
orphanages around the world.
    For the Service, adjudication of the I-600 and I-600A ``orphan 
petitions'' has been a priority. This commitment is established in the 
regulations at 8 CFR 204.3(a)(2). Specifically, orphan petitions are 
filed at District Offices and adjudicated by senior District 
Adjudication Officers. This is due to both the complexity of the 
international adoption process in general and the process of 
adjudication required by law and regulation. In addition, because of 
the sensitivity of international adoptions, handling these cases in 
District Offices by experienced officers allows for personalized 
customer service.
    The Service may be in constant contact with the petitioner 
throughout the process of a U.S. citizen's effort to adopt a child from 
abroad. The earliest contact may be a request for information and 
forms, followed by the filing of the I-600A and the home study. The 
adjudication of the I-600A petition requires knowledge of state law 
requirements regarding adoptions, including pre-adoption requirements 
in certain states, such as counseling. Each petition must be 
accompanied by a home study, for which there are state requirements as 
well as federal requirements. Since there is no single national 
standard, it makes sense to handle these in District Offices that are 
better able to stay on top of ever-changing state requirements and 
establish effective local liaisons.
    The home study process is complex and often the adjudicator needs 
to request that additional information be provided in the home study. 
When the child to be adopted is identified, further information and 
contact may ensue. Documentation is usually added to the petition as 
the adoption process progresses. It is not unusual for a case to be 
with the Service for many months, demanding an intense and protracted 
level of customer service. There is a great deal of communication in 
person, telephonically, and in writing, between the Service, adoption 
agencies, social workers, prospective adoptive parents, and, often, 
congressional offices on these cases.
    The home study review makes this petition particularly labor-
intensive.

[[Page 65812]]

The adjudicator is tasked with the careful review of the home study, 
perhaps 10-20 pages long, addressing a number of issues including, any 
history of abuse and history of arrests. This information is carefully 
compared against Federal Bureau of Investigation (FBI) fingerprint 
checks. If necessary, the officer must request and review the arrest 
dispositions of petitioners with criminal records. When there are 
discrepancies, the home study must be revised or supplemented to 
include the new information and consider the impact it has on the 
placement.
    The I-600 petition establishes eligibility of a child as an orphan. 
Adjudication of these petitions requires the Service to determine if 
the child meets the regulatory definition of an orphan. Accordingly, 
the adjudicator must develop and maintain a level of expertise in the 
laws and processes governing adoption in countries from which children 
are adopted. This assessment may require working with the Department of 
State or Service offices to verify the validity of documents and 
interpretation of laws regarding international adoptions in countries 
other than the United States.
    Finally, the I-600 adjudication also includes an I-604 
investigation. The I-604, Request for and Report on Overseas Orphan 
Investigation, is used to document the investigations that must be 
completed in every orphan case before the I-600 can be approved. This 
includes: the child's birth name, and date/place of birth; where the 
child lives, and if the child lives at an orphanage or with someone 
other than the biological parent(s), how and why that placement 
occurred; the child's physical and mental condition, and information 
about any known physical or mental illnesses (e.g. is the child a 
special needs child); if the child has siblings and, if so, if the 
child lives with the brothers or sisters; information concerning the 
child's biological parents and the determination that the child is an 
orphan because he/she has a ``remaining parent'', ``sole parent'' or 
``surviving parent'' (as defined in the regulations); and any other 
pertinent facts that the investigation uncovers. The purpose of the 
investigation is to verify that the child is an orphan, address 
specific concerns articulated by the adjudicating officer or consular 
officer that can only be resolved by an investigation, and resolve 
significant differences between the facts presented in the advanced 
processing application (Form I-600A or an I-600 approved by an INS 
office in the United States). The investigation is conducted at the 
overseas visa-issuing post by INS, or by the Department of State if 
there is no INS office at that U.S. Embassy or Consulate. An I-604 
investigation often entails travel to a remote location to establish 
whether or not a child is actually an orphan. In many countries, a 
field investigation may require 2 or 3 days away from the office. Not 
every case requires a field investigation, however, a certain 
percentage of cases must have one, if only as an auditing tool.
    Since the Service relies on fees to recover the full cost of 
processing immigration and naturalization benefits, the increase in 
fees for the I-600 and I-600A to $460 is necessary to recover the full 
costs associated with processing orphan petitions. Accordingly, the 
Service will charge a fee of $460 for processing Forms I-600 and I-
600A.

B. How Will INS Improve Service?

    One hundred and twenty-three comments were received opposing the 
increase in the fees given the current level of services provided by 
the Service. Many people noted the lengthy waiting times to process 
their benefit applications as well as the need to improve overall 
customer service.
    Although the Service has made significant progress in improving 
productivity in the areas of naturalization and adjustment of status 
applications over the last few years, the Service continues to work 
toward improving efficiencies in all aspects of its service. At his 
confirmation hearing before the Senate Judiciary Committee, 
Commissioner James W. Ziglar clearly stated his commitment to improving 
customer service:

    If I am confirmed for this position, my primary goal will be to 
insure that every person who comes into contact with the Immigration 
and Naturalization Service (INS), regardless of their citizenship, 
the circumstances of their birth or any other distinguishing 
characteristic, and regardless of the circumstances under which they 
find themselves within the ambit of the INS, will be treated with 
respect and dignity, and without any hint of bias or discrimination. 
The first impression is a lasting impression and we have only one 
opportunity to make a first impression--the first impression of 
America should be that of a compassionate, caring, and open nation 
of opportunity.

    The Service is committed to building and maintaining an immigration 
services system that provides immigration information and benefits in a 
timely, accurate, consistent, courteous, and professional manner. To 
support this commitment, the Service has developed a plan to eliminate 
backlogs and obtain a 6-month processing time standard for all 
applications and petitions. The plan outlines an aggressive 5-year 
strategy to reduce the backlogs. By the end of FY 2003, the Service 
expects to reach a national average processing time of 6 months or less 
for all applications and petitions. By the end of FY 2004, the Service 
intends to reduce the processing times to 6 months or less at every 
Service office. The Service will use the remaining 2 years to continue 
improving the infrastructure to ensure that backlogs do not recur in 
the future. The Service is committed to improve the current information 
technology and business processes to eliminate all backlogs.
    To achieve these results, the Service will: (1) Set backlog 
reduction milestones by application for every office, (2) assign 
staffing resources to offices based on a comprehensive workload 
analysis, (3) monitor office accomplishments of the backlog reduction 
milestones, and (4) establish performance incentives for individual 
offices to meet and exceed the backlog reduction milestones.
    The Service is applying a $5 surcharge to each application and 
petition to recover information technology and quality assurance costs 
associated with application processing. These costs were not included 
previously. The Service believes that this approach will ensure the 
resources necessary to support streamlined business processes, 
including on-line filing and case status inquiry via telephone or on-
line; and expand quality assurance efforts to ensure the accurate and 
consistent adjudication of benefits.
    It is also important to note that restructuring of the Service will 
result in improved services by clearly separating its conflicting 
missions of service and enforcement, clarifying its priorities, and 
ensuring adequate resources to carry out its mission.

C. Why INS Believes the Fee Increases Are Reasonable

    One hundred and forty-nine comments stated that the fee increase 
was either too high or too burdensome on those applying for immigration 
and naturalization benefits. Many commenters noted that the Service 
only recently increased the majority of fees.
    The Service is increasing fees by an average of $20 per 
application/petition, or 17 percent. The current fees, which were most 
recently increased in 1998, were based on a fee review that began in 
1996 and was completed in 1997. Those fee levels reflected costs in 
1997.
    Other than the $5 per application surcharge for quality assurance 
and information technology, the fee

[[Page 65813]]

schedule is based solely on the recovery of costs for general cost-of-
living increases since 1997, not from the period in which the fees were 
implemented. Bearing this in mind, the increase in fees on an annual 
basis equates to a less than 4 percent average increase. In this 
context, the Service believes the fee increases are reasonable.
    With regard to the fingerprint fee, this is the first time the fee 
was ever reviewed for the purpose of full cost recovery. As stated in 
the proposed rule, Congress directed the Service to implement changes 
to its fingerprint process in a short timeframe. To the extent that the 
revised fee may be viewed by some as a significant increase over the 
current fee, such an increase is both necessary and justified in an 
effort to recover the full cost of providing the service in accordance 
with applicable fee setting laws, regulations, and guidance.
    The Service does have the ability to waive fees on a case-by-case 
basis. Any applicant or petitioner who has an inability to pay the fees 
may request a fee waiver from either a District or Service Center 
Director depending on where the petition/application is to be filed. 
Service regulations at 8 CFR 103.7(c) concerning the granting of fee 
waivers is posted on the Service Web site at www.ins.usdoj.gov.

D. Why INS Is Raising the Fees Instead of Seeking Additional Sources of 
Funding

    Thirty-eight of the commenters encouraged the Service to seek 
additional sources of funding from Congress instead of relying solely 
on fees. From FY 1989 to FY 1998, the fees collected and deposited into 
the IEFA have been the sole source of funding for immigration and 
naturalization benefits. In creating the IEFA, Congress intended that 
the activities supported by this account be self-sustaining, and not be 
funded by tax dollars (P.L. 100-459). The Service has been managing 
this account consistent with federal law and congressional direction. 
In the past, however, fees did not recover the full costs of processing 
applications and petitions. In an effort to eliminate the backlog this 
created, Congress provided additional appropriated resources. With this 
support, the Service dramatically improved productivity for 
naturalization and adjustment of status benefit applications.
    The President included $100 million in the FY 2002 budget request 
as the first installment of a multi-year effort to support elimination 
of backlogs and overall improvements in service. The funding sources 
for the $100 million installment are $20 million from the Premium 
Processing fee and $80 million in appropriations. In contrast to the 
new fees that will recover the full costs of processing newly filed 
immigration benefit applications, the $100 million budget request will 
provide funding for reduction and elimination of the current backlog of 
immigration benefit applications. The Service will use this 
supplemental funding for the backlog elimination plan primarily to 
finance the costs of term staffing increases. Without this additional 
staff, the Service cannot process enough immigration benefit 
applications to meet the processing time goals and backlog reduction 
milestones. The Service will also use this supplemental funding to 
recover the costs to develop a performance incentives program for all 
Service offices.

E. How Will INS Provide Consistent Service?

    Five of the commenters opposed increasing fees when service varies 
so greatly from office to office. The Service recognizes the need for a 
consistent level of service among offices. As previously stated, the 
Service's backlog elimination plan includes a two-step effort to 
achieve processing time goals for all immigration benefit applications. 
In the first step, the Service will reduce national average processing 
times to 6 months or less by the end of FY 2003. In the second step, 
the Service will achieve the processing time goals of 6 months or less 
in every Service office by the end of FY 2004. This fee schedule will 
begin to bring consistency of processing at all field offices, as well 
as ensure that backlogs do not recur in the future.

F. Why INS Believes the Fee Methodology Captures Full Costs

    Two of the commenters objected to the methodology used to calculate 
the proposed fees. Some of the commenters felt that the activity-based 
costing methodology calculated fees based upon inefficient practices.
    The fee review adhered to the guidance contained in the Office of 
Management and Budget (OMB) Circular A-25, User Charges, which requires 
that user charges imposed recover the full cost to the Government for 
providing a special benefit. In addition, the Federal Accounting 
Standards Advisory Board (FASAB) provides additional guidance on the 
meaning of full-cost recovery. In FASAB Statement No. 4, full cost is 
defined as:

    The total amount of resources used to produce the output. This 
includes direct and indirect costs that contribute to the output 
regardless of funding sources. It also includes costs of supporting 
services provided by other responsibility segments or entities.

    The fees reflect the full cost of processing immigration and 
naturalization benefits. The review was conducted consistent with the 
requirements of subsection 205(a)(8) of the Chief Financial Officers 
Act of 1990, Pub. L. 101-576, 104 Stat. 2838 (1990) (31 U.S.C. 
902(a)(8)), which requires a biennial review of user fees to ensure 
that full costs are being recovered.

G. Why Do the Fees Pay for Unrelated Expenses?

    Two of the commenters opposed the use of the applicant fees to pay 
for expenses that they perceived to be for unrelated services, such as 
the running of the asylum, refugee, parole, and the Cuban-Haitian 
Entrant programs. In the Departments of Commerce, Justice, and State, 
the Judiciary, and Related Agencies Appropriations Act, 1991, Pub. L. 
101-515, 104 Stat. 2101 (1990), Congress authorized the Service to 
provide certain immigration and naturalization services at no cost to 
the applicants. Subsection 210(d)(2) of Public Law 101-515 states that 
``fees for providing adjudication and naturalization services may be 
set at a level that will ensure recovery of the full costs of providing 
all such services, including the costs of similar services provided 
without charge to asylum applicants or other immigrants. Such fees may 
also be set at a level that will recover any additional costs 
associated with the administration of the fees collected.'' (8 U.S.C. 
1356(m)). As a result of this legislation, Congress no longer provided 
the Service with an appropriation to cover the costs of asylum and 
refugee services, and directed the Service to fund these costs with 
revenue from the IEFA.
    In FY 1996, Congress also authorized the Service to pay for the 
cost of the Cuban-Haitian Entrant Resettlement Program from the IEFA. 
See H.R. Conf. Rep. No. 104-378, at 83 (1995). In FY 1997, Congress 
transferred the cost of other asylum and refugee services that had been 
paid from the Violent Crime Trust Fund to the IEFA. See Pub. L. 104-
208, 110 Stat. 3009 (1996). Through explicit legislative language and 
subsequent appropriation action, Congress has signaled its desire that 
certain asylum and refugee services should be provided at no charge to 
the recipient. The revenue to pay for these costs must be recovered 
from the fees charged to other applicants for immigration and 
naturalization benefits. All expenses being included for cost

[[Page 65814]]

recovery are consistent with federal law and federal accounting 
standards.
    Many of these commenters also opposed the Service paying for costs 
that are unusual or atypical when compared to the usual costs in a 
normal processing year. They claimed that the type of organizational 
activities that the Service is currently engaged in, such as 
infrastructure building, should not be funded by current applications 
and must not be included in the fee calculation. Proper accounting 
treatment requires inclusion of unusual or atypical costs, such as 
improvement of automation activities or upgrading of records 
management. These types of costs were assigned a useful life, and the 
cost of these projects amortized or depreciated over the assigned 
useful life. Therefore, a portion of the unusual or atypical cost has 
been included in the fee calculation framework for the current year and 
treated like any other cost based on the useful life assigned to that 
asset.

H. Fee Increases Are Necessary

    Seventeen comments were received in favor of the fee increases. 
Commenters noted several reasons for this:
    (1) Current fees are too low given the benefit received;
    (2) taxpayers should not pay for the increasing costs of providing 
immigration and naturalization benefits; (3) fee increases are 
justified given the increasing demand for immigration and 
naturalization benefits over the last several years; and (4) fee 
increases are necessary in order to increase the current level of 
services.

I. Separate Versus Blended Fee Schedule

    In the proposed rule, the Service requested comments on whether it 
should set separate fee schedules for FY 2002 and FY 2003 versus the 
proposed single, blended schedule effective for both years. The Service 
also noted that commenters might want to consider whether changing fee 
schedules would unduly confuse applicants and petitioners.
    The Service received one comment on this subject. The commenter was 
in favor of a separate year fee schedule. The commenter noted that a 
separate, single year fee schedule will allow applicants to follow fee 
increases in relation to yearly inflation figures, making it easier to 
understand why fees increased more in one year versus another. The 
Service respectfully disagrees. Upon consideration of the issue, the 
Service has decided that changing fees every year will create 
unnecessary confusion with applicants and practitioners. Therefore, the 
Service will proceed with the single, blended fee schedule.

J. Review of the Fee for LIFE Act Adjustment of Status Applications (I-
485)

    In the proposed rule, the Service questioned whether it should 
change the established $330 fee for filing legalization applications 
under section 1104 of the Legal Immigration Family Equity Act, Pub. L. 
106-553, 114 Stat. 2762 (2000) (LIFE Act). In establishing the fee, on 
an interim final basis on June 1, 2001, the Service first identified 
the adjustment of status application (Form I-485) process as most 
similar to the new legalization application process. 66 FR 29661, 29667 
(June 1, 2001). The Service then referred to the 1999 fee review, which 
identified an estimated full cost of the Form I-485 to be $330. Id. at 
29,668.
    The Service questioned the methodology and limited nature of the 
1999 fee review and proposed that the Form I-485 fee be $255. Id. The 
Service then said it would review the $330 fee established for filing 
legalization applications. Id.
    Although no comments were received on this subject, the Service has 
reviewed the Form I-485 fee for legalization applications and has 
deemed it fair and reasonable to reduce the fee from $330 to $255, and 
refund the difference to those who have already paid the $330 fee. The 
Service will undertake a separate rulemaking to notify the public of 
the timing for this action.

III. Fee Adjustments

    The fee adjustments, as adopted in this rule, are shown as follows:

            Immigration Examinations Fee Account/Fee Schedule
------------------------------------------------------------------------
           Form No.                    Description              Fee
------------------------------------------------------------------------
I-17..........................  Petition for Approval of            $230
                                 School for Attendance
                                 by Non-Immigrant
                                 Students.
I-90..........................  Application to Replace               130
                                 Alien Registration Card.
I-102.........................  Application for                      100
                                 Replacement/Initial
                                 Nonimmigrant Arrival/
                                 Departure Document.
I-129.........................  Petitions for                        130
                                 Nonimmigrant Worker.
I-129F........................  Petition to Classify                 110
                                 Nonimmigrant as Fiance.
I-130.........................  Petition to Classify                 130
                                 Status of Alien
                                 Relative for Issuance
                                 of Immigrant Visa.
I-131.........................  Application for Travel               110
                                 Document.
I-140.........................  Immigrant Petition for               135
                                 Alien Worker.
I-191.........................  Application for Advance              195
                                 Permission to Return to
                                 Unrelinquished Domicile.
I-192.........................  Application for Advance              195
                                 Permission to Enter as
                                 a Nonimmigrant.
I-193.........................  Application for Waiver               195
                                 of Passport and/or Visa.
I-212.........................  Application to Reapply               195
                                 for Admission into the
                                 U.S. After Deportation.
I-360.........................  Petition for Amerasian,              130
                                 Widow(er), or Special
                                 Immigrant.
I-485.........................  Application to Register              255
                                 Permanent Residence or
                                 Adjust Status.
I-506.........................  Application for Change                85
                                 of Nonimmigrant
                                 Classification.
I-526.........................  Immigrant Petition by                400
                                 Alien Entrepreneur.
I-539.........................  Application to Extend/               140
                                 Change Nonimmigrant
                                 Status.
I-600/600A....................  Petition to Classify                 460
                                 Orphan as an Immediate
                                 Relative/Application
                                 for Advance Processing
                                 of Orphan Petition.
I-601.........................  Application for Waiver               195
                                 on Grounds of
                                 Excludability.
I-612.........................  Application for Waiver               195
                                 of the Foreign
                                 Residence Requirement.
I-751.........................  Petition to Remove the               145
                                 Conditions on Residence.
I-765.........................  Application for                      120
                                 Employment
                                 Authorization.
I-817.........................  Application for                      140
                                 Voluntary Departure
                                 under the Family Unity
                                 Program.
I-824.........................  Application for Action               140
                                 on an Approved
                                 Application.
I-829.........................  Petition by Entrepreneur             395
                                 to Remove Conditions.
N-300.........................  Application to File                   60
                                 Declaration of
                                 Intention.
N-336.........................  Request for Hearing on a             195
                                 Decision in
                                 Naturalization
                                 Procedures.

[[Page 65815]]

 
N-400.........................  Application for                      260
                                 Naturalization.
N-470.........................  Application to Preserve               95
                                 Residence for.
N-565.........................  Application for                      155
                                 Replacement of
                                 Naturalization/
                                 Citizenship Document.
N-600.........................  Application for                      185
                                 Certification of
                                 Citizenship.
N-643.........................  Application for                      145
                                 Certification of
                                 Citizenship in Behalf
                                 of an Adopted Child.
                                For Fingerprinting by                 50
                                 the Service.
------------------------------------------------------------------------

Regulatory Flexibility Act

    The Attorney General, in accordance with 5 U.S.C. 605(b), has 
reviewed this regulation and by approving it has determined 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). The Service acknowledges, however, that a number of small 
entities, particularly those filing business-related applications and 
petitions, such as Forms I-140, Immigrant Petition for Alien Worker; I-
526, Immigrant Petition by Alien Entrepreneur; and I-829, Petition by 
Entrepreneur to Remove Conditions may be affected by this rule. For FY 
2001, the Service projects approximately 130,000 Forms I-140, 400 Forms 
I-526, and 400 Forms I-829 will be filed. However, this volume 
represents petitions filed by a variety of businesses, ranging from 
large multi-national corporations to small domestic businesses. The 
Service 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. 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 impose a mandate of enforceable duty on State, 
local, and tribal governments in the aggregate, or on the private 
sector, and it will not significantly or uniquely affect small 
governments. Accordingly, no further actions are 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 the Small Business 
Regulatory Enforcement Act of 1996, Public Law 104-121, 110 Stat. 847 
(1996). Based on the data included in the proposed rule, this rule will 
result in an annual effect on the economy of $169 million, in order to 
generate the revenue necessary to fund the increased expenses of 
processing the Service's immigration and naturalization applications 
and petitions. The increased fees will be paid by persons who file 
applications or petitions to obtain immigration benefits.

Executive Order 12866

    This rule is considered by the Department of Justice to be an 
economically ``significant regulatory action'' under section 3(f) of 
Executive Order 12866, Regulatory Planning and Review, because it will 
have an annual effect on the economy of over $100 million. Without the 
fee adjustments, the Service estimates that it will collect 
approximately $815 million in fees for immigration and naturalization 
benefits in FY 2002. If the fee adjustments become effective on January 
1, 2002, the Service anticipates collecting approximately $942 million 
in FY 2002--$127 million in additional revenue.
    The projected increase in revenues may overstate the actual receipt 
of applications and petitions since fewer applications and petitions 
may be filed due to the implementation of the higher fees. The decrease 
in volume due to the higher fees has a real economic effect in that 
there may be fewer people applying for and receiving benefits paid for 
by the Service's user fees.
    This increase in revenue will be used to fund the processing of 
immigration and naturalization applications and petitions. The revenue 
increase is based on the Service's costs and workload volumes. The 
volume of applications and petitions filed is projected based on a 
regression analysis of a 5-year history of actual applications and 
petitions received by the Service. The regression analysis is adjusted 
for any anticipated or actual changes in laws, policies, or procedures 
that may affect future filing patterns. The proposed fees will be paid 
by an estimated 6.6 million individuals and businesses filing 
immigration and naturalization applications and petitions. Accordingly, 
this regulation has been reviewed by the Office of Management and 
Budget (OMB).

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 has determined that this rule 
does not have sufficient federalism implications to warrant the 
preparation of a federalism summary impact statement.

Executive Order 12988

    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 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 final rule. This rule does not impose any new reporting 
or recordkeeping requirements under the Paperwork Reduction Act.
    However, it should be noted that the Service solicited public 
comments on the change of fees in the proposed rule which was published 
in the Federal Register on August 8, 2001. It should also be noted that 
the changes to the fees will require changes to the application/
petition forms to reflect the new fees. As a result of the changes to 
the forms, the Service will be submitting the forms to OMB for its 
approval.

List of Subjects in 8 CFR Part 103

    Administrative practice and procedure, 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 amended as follows:

[[Page 65816]]

PART 103--POWERS AND DUTIES OF SERVICE OFFICERS; AVAILABILITY OF 
SERVICE RECORDS

    1. The authority citation for part 103 continues to read as 
follows:

    Authority: 5 U.S.C. 552, 552(a); 8 U.S.C. 1101, 1103, 1304, 
1356; 31 U.S.C. 9701; E.O. 12356, 47 FR 14874, 15557; 3 CFR, 1982 
Comp., p. 166; 8 CFR part 2.

    2. In Sec. 103.7, paragraph (b)(1) is amended by revising the entry 
``For fingerprinting by the Service'' and by revising the entries for 
the following forms. The revisions read as follows:


Sec. 103.7  Fees.

* * * * *
    (b) * * *
    (1) * * *
* * * * *

    For fingerprinting by the Service. A service fee of $50 will be 
charged by the Service for any individual who is required to be 
fingerprinted in connection with an application or petition for 
certain immigration and naturalization benefits (other than asylum), 
and whose residence is in the United States as defined in section 
101(a)(38) of the Act.
* * * * *
    Form I-17. For filing an application for school approval, except 
in the case of a school or school system owned or operated as a 
public educational institution or system by the United States or a 
state or political subdivision thereof--$230.00.
* * * * *
    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--$130.00.
* * * * *
    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--$100.00.
    Form I-129. For filing a petition for a nonimmigrant worker, a 
base fee of $130. For filing an H-1B petition, a base fee of $130 
plus an additional $1,000 fee in a single remittance of $1,130. The 
remittance may be in the form of one or two checks (one in the 
amount of $1,000 and the other in the amount of $130). Payment of 
this additional $1,000 fee is not waivable under Sec. 103.7(c)(1). 
Payment of this additional $1,000 fee is not required if an 
organization is exempt under Sec. 214.2(h)(19)(iii) of this chapter, 
and this additional $1,000 fee also does not apply to certain 
filings by any employer as provided in Sec. 214.2(h)(19)(v) of this 
chapter.
    Form I-129F. For filing a petition to classify nonimmigrant as 
fiancee or fiance under section 214(d) of the Act--$110.00.
    Form I-130. For filing a petition to classify status of alien 
relative for issuance of immigrant visa under section 204(a) of the 
Act--$130.00.
    Form I-131. For filing an application for travel documents--
$110.00.
    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--$135.00.
* * * * *
    Form I-191. For filing applications for discretionary relief 
under section 212(c) of the Act--$195.00.
    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--$195.00.
    Form I-193. For filing an application for waiver of passport 
and/or visa--$195.00.
    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--$195.00.
* * * * *
    Form I-360. For filing a petition for an Amerasian, Widow(er), 
or Special Immigrant--$130.00, 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--
$255.00 for an applicant 14 years of age or older; $160.00 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-506. For filing an application for change of nonimmigrant 
classification under section 248 of the Act--$85.00.
    Form I-526. For filing a petition for an alien entrepreneur--
$400.00.
* * * * *
    Form I-539. For filing an application to extend or change 
nonimmigrant status--$140.00.
* * * * *
    Form I-600. For filing a petition to classify orphan as an 
immediate relative for issuance of 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.)--$460.00.
    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.)--$460.00.
    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.)--$195.00.
    Form I-612. For filing an application for waiver of the foreign-
residence requirement under section 212(e) of the Act--$195.00.
* * * * *
    Form I-751. For filing a petition to remove the conditions on 
residence, based on marriage--$145.00.
    Form I-765. For filing an application for employment 
authorization pursuant to 8 CFR 274a.13--$120.00.
* * * * *
    Form I-817. For filing an application for voluntary departure 
under the Family Unity Program--$140.00.
* * * * *
    Form I-824. For filing for action on an approved application or 
petition--$140.00.
    Form I-829. For filing a petition by entrepreneur to remove 
conditions--$395.00.
* * * * *
    Form N-300. For filing an application for declaration of 
intention--$60.00.
    Form N-336. For filing a request for hearing on a decision in 
naturalization proceedings under section 366 of the Act--$195.00.
    Form N-400. For filing an application for naturalization--
$260.00.
* * * * *
    Form N-470. For filing an application for section 316(b) or 317 
of the Act benefits--$95.00.
    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--$155.00.
    Form N-600. For filing an application for a certificate of 
citizenship under section 309(c) or section 341 of the Act--$185.00.
    Form N-643. For filing an application for a certificate of 
citizenship on behalf of an adopted child--$145.00.
* * * * *

    Dated: December 17, 2001.
John Ashcroft,
Attorney General.
[FR Doc. 01-31452 Filed 12-18-01; 12:09 pm]
BILLING CODE 4410-10-P