Reduce Financial Barriers to Immigration and Citizenship Act of 2021
Bill: H.R.5319 | Sponsor: Rep. Torres, Norma J. (D-CA)
Policy area: Immigration

Summary:
Reduce Financial Barriers to Immigration and Citizenship Act of 2021
This bill prohibits the Department of Homeland Security (DHS) from charging fees for certain immigration applications (or petitions), requires DHS to provide fee waivers to certain applicants, and addresses related issues.
DHS may not impose fees for certain applications for or related to (1) asylum or refugee status, (2) special immigrant juvenile status, (3) U or T non-immigrant visas (victims of certain crimes such as human trafficking), (4) the Violence Against Women Act, (5) special immigrant status for Afghan or Iraqi nationals employed by the U.S. government, or (6) immigration-related fee waivers.
DHS must also waive immigration-related application fees for an applicant who receives a means-tested benefit or meets certain conditions related to financial hardship. However, DHS is not required to provide fee waivers for applications for certain employment-based immigration benefits.
Receipt of a fee waiver may not be used as a factor (1) for determining whether an alien should be considered a public charge, or (2) when considering an affidavit of support filed by a sponsor.
The bill also requires all collected immigration-related adjudication fees to be used only to fund the adjudication and administration of immigration benefits and naturalization.

To amend the Immigration and Nationality Act to provide for certain fee 
                    waivers, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Reduce Financial Barriers to 
Immigration and Citizenship Act of 2021''.

SEC. 2. LIMITATION ON USE OF FEES.

    (a) In General.--Section 286 of the Immigration and Nationality Act 
(8 U.S.C. 1356) is amended by striking subsection (m) and inserting the 
following:
            ``(1) In general.--Notwithstanding any other provisions of 
        law, all adjudication fees shall be deposited as offsetting 
        receipts into a separate account entitled `Immigration 
        Examinations Fee Account' in the Treasury of the United States, 
        whether collected directly by the Attorney General, Secretary 
        of Homeland Security: Provided, however, That all fees received 
        by the Attorney General from applicants residing in the Virgin 
        Islands of the United States, and in Guam, under this 
        subsection shall be paid over to the treasury of the Virgin 
        Islands and to the treasury of Guam.''.
    (b) Limitation on Transfer of Fees.--Section 286(n) of the 
Immigration and Nationality Act (8 U.S.C. 19 1356(n)) is amended by 
striking the period at the end and inserting: ``. Provided, however, 
That funds within the `Immigration Examinations Fee Account' shall be 
used by the U.S. Citizenship and Immigration Services, or a successor 
agency to which its duties are transferred, to solely to fund the 
adjudication and administration of immigration benefits and 
naturalization.''.

SEC. 3. REQUIRED FEE WAIVERS FOR CERTAIN APPLICATIONS AND PETITIONS.

    (a) In General.--Section 286 of the Immigration and Nationality Act 
(8 U.S.C. 1356) is amended by adding at the end of subsection (m) the 
following:
            ``(3) Fees.--That fees for providing adjudication and 
        naturalization services described in paragraph (2) may be set 
        at a level that will ensure recovery of the costs of providing 
        all such services, including the costs of similar services 
        provided without charge to applicants described in paragraphs 
        (4) and (5). Such fees may also be set at a level that will 
        recover any additional costs associated with the administration 
        of the fees collected.
            ``(4) Prohibitions.--The Secretary of Homeland Security may 
        not impose a fee with respect to the filing of the following 
        immigration application or petitions (and any associated 
        applications, petitions, information collections or appeals)--
                    ``(A) an application for asylum and related relief;
                    ``(B) an application or petition filed for refugee 
                status;
                    ``(C) a petition for status as a special immigrant 
                juvenile and any subsequent applications filed by a 
                special immigrant juvenile;
                    ``(D) a petition for U non-immigrant status under 
                section 101(a)(15)(U)(ii)(I), and related applications, 
                including advance parole, employment authorization, 
                derivative petitions adjustment of status, and waivers;
                    ``(E) a self-petition filed by a spouse, child or 
                parent of an abusive U.S. citizen under VAWA, and 
                applications filed by those with approved self 
                petitions under VAWA;
                    ``(F) an application for T non-immigrant status 
                under section 101(a)(15)(T);
                    ``(G) a petition for a special immigrant visa for 
                an individual who is an Afghan or Iraqi national and 
                was or is employed by or on behalf of the United States 
                Government;
                    ``(H) an application for a fee waiver pursuant to 
                paragraph (5) of this section; and
                    ``(I) any other petition or application the 
                Secretary determines to be in the public interest.
            ``(5) Fee waiver based on an inability to pay.--
                    ``(A) In general.--The Secretary of Homeland 
                Security shall waive fees with respect to the filing of 
                an immigration application or petition (and any 
                associated application, petition, information 
                collection and appeal) for an alien who demonstrates to 
                the satisfaction of the Secretary that such alien--
                            ``(i) is the recipient of a means-tested 
                        benefit where the Federal, State, or local 
                        agency administering such public benefit 
                        considers the income and resources of the 
                        individual in granting such benefit;
                            ``(ii) has an income is no greater than 250 
                        percent of the Federal poverty guidelines; or
                            ``(iii) faces extraordinary financial 
                        hardship that prevents them from paying the 
                        filing fee.
                    ``(B) Corrective filing.--If the Secretary finds 
                that an applicant is ineligible for a fee waiver under 
                this subparagraph, the Secretary shall notify 
                applicants of the basis for such ineligibility, and 
                allow applicants 90 days from the date on which the 
                Secretary provides such notice to submit additional 
                evidence of eligibility. Such applicant shall retain 
                the original filing date of the application or petition 
                associated with the fee waiver.
                    ``(C) Exceptions.--This section shall not apply to 
                petitions seeking classification under section 
                203(b)(1)(A)-(C), (b)(2)(A)-(C), (b)(3)(A)-(C), and 
                (b)(5)(A)-(D) of this Act or petitions filed by 
                employers pursuant to section 214(C) of this Act.
                    ``(D) Federal poverty guidelines.--The term 
                `Federal poverty guidelines' has the meaning given such 
                term by the Director of the Office of Management and 
                Budget, as revised annually by the 18 Secretary of 
                Health and Human Services in accordance with section 
                673(2) of the Omnibus Budget Reconciliation Act of 1981 
                (42 U.S.C. 9902(2)).
                    ``(E) Public charge.--
                            ``(i) Finding of public charge.--Receipt of 
                        an application for a fee waiver under this 
                        section shall not be considered in a public 
                        charge determination pursuant to section 
                        212(a)(4) or section 237(a)(5).
                            ``(ii) Sponsors.--Receipt of or application 
                        for a fee waiver by the sponsor of an 
                        immigration petition shall not be considered as 
                        a factor in consideration of an affidavit of 
                        support filed by the sponsor.''.
    (b) Backlog Reduction.--There is authorized to be appropriated 
$500,000,000 to U.S. Citizenship and Immigration Services in order to 
streamline processing of applications or petitions granted a fee 
waiver.

SEC. 4. STUDY AND REPORTS ON FEE INCREASES.

    (a) Report to Congress.--Not later than 60 days prior to a notice 
of proposed rulemaking with respect to an increase in fees for an 
application for an immigration petition or benefit, the Secretary of 
Homeland Security shall submit a report to Congress including--
            (1) evidence that U.S. Citizenship and Immigration Services 
        has engaged in cost-cutting measures prior to an increase in 
        such fees;
            (2) evidence that the decision to increase fees shall not 
        negatively affect the economic and social benefits of 
        immigration; and
            (3) the balance of the Immigration Examinations Fee account 
        under section 286(m) of the Immigration and Nationality Act (8 
        U.S.C. 1356(m)), any restrictions on the expenditure of funds 
        therein, projections of future incoming revenue, and the 
        information and methods used to produce each of these 
        calculations.
    (b) GAO Study and Report.--Not later than 180 days after the date 
of the enactment of this Act, the Comptroller General of the United 
States shall carry out a study to analyze U.S. Citizenship and 
Immigration Services expenditures and the use of fees collected for 
each immigration petition or benefit to determine if such fees are used 
efficiently and submit a report on such study.
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