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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
VerDate Sep 11 2014 
21:53 Jan 04, 2021
Jkt 019200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H8089.RDS
H8089
kjohnson on DSK79L0C42PROD with BILLS
HR 8089 RDS
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Emergency Stopgap 
USCIS Stabilization Act’’. 
SECTION 2. EXPANSION OF PREMIUM PROCESSING. 
(a) IN GENERAL.—Section 286(u) of the Immigra-
tion and Nationality Act (8 U.S.C. 1356(u)) is amended 
to read as follows: 
‘‘(u) PREMIUM FEE
FOR CERTAIN IMMIGRATION 
BENEFIT TYPES.— 
‘‘(1) IN GENERAL.—The Secretary of Homeland 
Security is authorized to establish and collect a pre-
mium fee for the immigration benefit types described 
in paragraph (2). Such fee shall be paid in addition 
to any other fees authorized by law, deposited as off-
setting receipts in the Immigration Examinations 
Fee Account established under subsection (m), and 
used for the purposes described in paragraph (4). 
‘‘(2) IMMIGRATION
BENEFIT
TYPES.—Subject 
to reasonable conditions or limitations, the Secretary 
shall establish a premium fee under paragraph (1) 
in connection with— 
‘‘(A) employment-based nonimmigrant pe-
titions and associated applications for depend-
ents of the beneficiaries of such petitions; 
VerDate Sep 11 2014 
21:53 Jan 04, 2021
Jkt 019200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H8089.RDS
H8089
kjohnson on DSK79L0C42PROD with BILLS
HR 8089 RDS
‘‘(B) employment-based immigrant peti-
tions filed by or on behalf of aliens described in 
paragraph (1), (2), or (3) of section 203(b); 
‘‘(C) applications to change or extend non-
immigrant status; 
‘‘(D) applications for employment author-
ization; and 
‘‘(E) any other immigration benefit type 
that the Secretary deems appropriate for pre-
mium processing. 
‘‘(3) AMOUNT OF FEE.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (C), with respect to an immigration ben-
efit type designated for premium processing by 
the Secretary on or before August 1, 2020, the 
premium fee shall be $2,500, except that the 
premium fee for a petition for classification of 
a nonimmigrant described in subparagraph 
(H)(ii)(b) or (R) of section 101(a)(15) shall be 
$1,500. 
‘‘(B) 
OTHER
IMMIGRATION
BENEFIT 
TYPES.—With respect to an immigration benefit 
type designated for premium processing but not 
described in subparagraph (A), the initial pre-
mium fee shall be established by regulation, 
VerDate Sep 11 2014 
21:53 Jan 04, 2021
Jkt 019200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H8089.RDS
H8089
kjohnson on DSK79L0C42PROD with BILLS
HR 8089 RDS
which shall include a detailed methodology sup-
porting the proposed premium fee amount. 
‘‘(C) BIENNIAL
ADJUSTMENT.—The Sec-
retary may adjust a premium fee under sub-
paragraph (A) or (B) on a biennial basis by the 
percentage (if any) by which the Consumer 
Price Index for All Urban Consumers for the 
month of June preceding the date on which 
such adjustment takes effect exceeds the Con-
sumer Price Index for All Urban Consumers for 
the same month of the second preceding cal-
endar year. The provisions of section 553 of 
title 5, United States Code, shall not apply to 
an adjustment authorized under this subpara-
graph. 
‘‘(4) USE OF FEE.—Fees collected under this 
subsection may only be used by U.S. Citizenship and 
Immigration Services to— 
‘‘(A) provide the services described in 
paragraph (5) to premium processing reques-
tors; 
‘‘(B) make infrastructure improvements in 
adjudications processes and the provision of in-
formation and services to immigration and nat-
uralization benefit requestors; 
VerDate Sep 11 2014 
21:53 Jan 04, 2021
Jkt 019200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H8089.RDS
H8089
kjohnson on DSK79L0C42PROD with BILLS
HR 8089 RDS
‘‘(C) respond to adjudication demands, in-
cluding by reducing the number of pending im-
migration and naturalization benefit requests; 
and 
‘‘(D) otherwise offset the cost of providing 
adjudication and naturalization services. 
‘‘(5) PREMIUM
PROCESSING
SERVICES.—The 
Secretary— 
‘‘(A) may suspend the availability of pre-
mium processing for designated immigration 
benefit requests only if circumstances prevent 
the completion of processing of a significant 
number of such requests within the required pe-
riod; and 
‘‘(B) shall ensure that premium processing 
requestors have direct and reliable access to 
current case status information as well as the 
ability to communicate with the premium proc-
essing units at each service center or office that 
provides premium processing services.’’. 
(b) EXPANSION TO NEW BENEFIT REQUESTS.— 
(1) IN
GENERAL.—Notwithstanding the re-
quirement to set a fee by regulation under section 
286(u)(3)(B) of the Immigration and Nationality 
Act (8 U.S.C. 1356(u)(3)(B)), as amended by sub-
VerDate 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
HR 8089 RDS
section (a), the Secretary of Homeland Security may 
set a fee under that section without regard to the 
provisions of section 553 of title 5, United States 
Code, if such fee is consistent with the following: 
(A) For a petition for classification under 
section 203(b)(1)(C) of the Immigration and 
Nationality Act (8 U.S.C. 1153(b)(1)(C)), or a 
petition 
for 
classification 
under 
section 
203(b)(2) involving a waiver under section 
203(b)(2)(B) of such Act, the fee is set at an 
amount not greater than $2,500 and the re-
quired processing timeframe is not greater than 
45 days. 
(B) For an application under section 248 
of the Immigration and Nationality Act (8 
U.S.C. 1258) to change status to a classifica-
tion described in subparagraph (F), (J), or (M) 
of section 101(a)(15) of such Act (8 U.S.C. 
1101(a)(15)), the fee is set at an amount not 
greater than $1,750 and the required proc-
essing timeframe is not greater than 30 days. 
(C) For an application under section 248 
of the Immigration and Nationality Act (8 
U.S.C. 1258) to change status to be classified 
as a dependent of a nonimmigrant described in 
VerDate Sep 11 2014 
21:53 Jan 04, 2021
Jkt 019200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H8089.RDS
H8089
kjohnson on DSK79L0C42PROD with BILLS
HR 8089 RDS
subparagraph (E), (H), (L), (O), (P), or (R) of 
section 101(a)(15) of such Act (8 U.S.C. 
1101(a)(15)), or to extend such classification, 
the fee is set at an amount not greater than 
$1,750 and the required processing timeframe 
is not greater than 30 days. 
(D) For an application for employment au-
thorization, the fee is set at an amount not 
greater than $1,500 and the required proc-
essing timeframe is not greater than 30 days. 
(2) CLARIFICATION.—The required processing 
timeframe for each of the applications and petitions 
described in paragraph (1) shall not commence until 
the date that all prerequisites for adjudication are 
received by the Secretary of Homeland Security. 
(c) OTHER BENEFIT REQUESTS.—In implementing 
the amendments made by subsection (a), the Secretary of 
Homeland Security shall develop and implement processes 
to ensure that the availability of premium processing, or 
its expansion to additional immigration benefit requests, 
does not result in an increase in processing times for im-
migration benefit requests not designated for premium 
processing or an increase in regular processing of immi-
gration benefit requests so designated. 
VerDate Sep 11 2014 
21:53 Jan 04, 2021
Jkt 019200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H8089.RDS
H8089
kjohnson on DSK79L0C42PROD with BILLS
HR 8089 RDS
SEC. 3. REPORTING REQUIREMENTS. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Home-
land Security shall provide to the appropriate Committees 
a 5-year plan, including projected cost estimates, procure-
ment strategies, and a project schedule with milestones, 
to accomplish each of the following: 
(1) Establish electronic filing procedures for all 
applications and petitions for immigration benefits. 
(2) Accept electronic payment of fees at all fil-
ing locations. 
(3) Issue correspondence, including decisions, 
requests for evidence, and notices of intent to deny, 
to immigration benefit requestors electronically. 
(4) Improve processing times for all immigra-
tion and naturalization benefit requests. 
(b) SEMI-ANNUAL BRIEFINGS.—Not later than 180 
days after submission of the plan described in paragraph 
(1), and on a semi-annual basis thereafter, the Secretary 
shall advise the appropriate Committees on the implemen-
tation status of such plan. 
(c) APPROPRIATE COMMITTEES DEFINED.—In this 
section, the term ‘‘appropriate Committees’’ means— 
(1) the Committee on Appropriations, the Com-
mittee on the Judiciary, and the Committee on 
VerDate Sep 11 2014 
21:53 Jan 04, 2021
Jkt 019200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H8089.RDS
H8089
kjohnson on DSK79L0C42PROD with BILLS
HR 8089 RDS
Homeland Security of the House of Representatives; 
and 
(2) the Committee on Appropriations, the Com-
mittee on the Judiciary, and the Committee on 
Homeland Security and Governmental Affairs of the 
Senate. 
SEC. 4. DETERMINATION OF BUDGETARY EFFECTS. 
The budgetary effects of this Act, for the purpose of 
complying with the Statutory Pay-As-You-Go Act of 2010, 
shall be determined by reference to the latest statement 
titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 
Act, submitted for printing in the Congressional Record 
by the Chairman of the House Budget Committee, pro-
vided that such statement has been submitted prior to the 
vote on passage. 
Passed the House of Representatives August 22, 
2020. 
Attest: 
CHERYL L. JOHNSON, 
Clerk. 
VerDate Sep 11 2014 
21:53 Jan 04, 2021
Jkt 019200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H8089.RDS
H8089
kjohnson on DSK79L0C42PROD with BILLS