Title: Emergency Stopgap USCIS Stabilization Act
Policy area: Immigration

Summary:
Emergency Stopgap USCIS Stabilization Act
This bill expands Department of Homeland Security (DHS) authority to provide premium processing services for certain immigration-related applications and contains other related provisions.
DHS may collect a fee to provide premium processing of an application for any immigration benefit that DHS considers appropriate, subject to certain requirements. Currently, DHS only has statutory authority to provide premium processing for employment-based applications.
Under current law, DHS must use such premium fees to provide premium processing services and make infrastructure improvements. Under this bill, such fees shall be used for these purposes and other activities that offset the cost of providing adjudication and naturalization services.
DHS may suspend premium processing of applications only if circumstances prevent the timely processing of a significant number of such applications. DHS shall provide those who have requested premium processing with access to case status information and communications channels to the premium processing units.
DHS may expand premium processing to certain immigrant benefits and set fees for such processing without following certain rulemaking procedures if DHS meets certain requirements, such as limiting the premium fee to specified amounts.
The bill also increases the premium fees charged to applicants. DHS may, subject to requirements, biennially adjust premium fees to reflect inflation without following certain rulemaking requirements.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8089 Engrossed in House (EH)]

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116th CONGRESS
  2d Session
                                H. R. 8089

_______________________________________________________________________

                                 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 Representatives of the 
United States of America in Congress assembled,

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 Immigration 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 premium 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 offsetting 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 petitions and 
                associated applications for dependents of the 
                beneficiaries of such petitions;
                    ``(B) employment-based immigrant petitions filed by 
                or on behalf of aliens described in paragraph (1), (2), 
                or (3) of section 203(b);
                    ``(C) applications to change or extend nonimmigrant 
                status;
                    ``(D) applications for employment authorization; 
                and
                    ``(E) any other immigration benefit type that the 
                Secretary deems appropriate for premium processing.
            ``(3) Amount of fee.--
                    ``(A) In general.--Subject to subparagraph (C), 
                with respect to an immigration benefit 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 premium fee shall be established by 
                regulation, which shall include a detailed methodology 
                supporting the proposed premium fee amount.
                    ``(C) Biennial adjustment.--The Secretary may 
                adjust a premium fee under subparagraph (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 Consumer Price 
                Index for All Urban Consumers for the same month of the 
                second preceding calendar year. The provisions of 
                section 553 of title 5, United States Code, shall not 
                apply to an adjustment authorized under this 
                subparagraph.
            ``(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 requestors;
                    ``(B) make infrastructure improvements in 
                adjudications processes and the provision of 
                information and services to immigration and 
                naturalization benefit requestors;
                    ``(C) respond to adjudication demands, including by 
                reducing the number of pending immigration 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 premium 
                processing for designated immigration benefit requests 
                only if circumstances prevent the completion of 
                processing of a significant number of such requests 
                within the required period; 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 processing units at each 
                service center or office that provides premium 
                processing services.''.
    (b) Expansion to New Benefit Requests.--
            (1) In general.--Notwithstanding the requirement 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 
        subsection (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 required 
                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 classification 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 
                processing 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 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 
                authorization, the fee is set at an amount not greater 
                than $1,500 and the required processing 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 
immigration benefit requests not designated for premium processing or 
an increase in regular processing of immigration benefit requests so 
designated.

SEC. 3. REPORTING REQUIREMENTS.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Homeland Security shall provide 
to the appropriate Committees a 5-year plan, including projected cost 
estimates, procurement 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 filing 
        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 immigration 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 implementation status of such plan.
    (c) Appropriate Committees Defined.--In this section, the term 
``appropriate Committees'' means--
            (1) the Committee on Appropriations, the Committee on the 
        Judiciary, and the Committee on Homeland Security of the House 
        of Representatives; and
            (2) the Committee on Appropriations, the Committee 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, provided that 
such statement has been submitted prior to the vote on passage.

            Passed the House of Representatives August 22, 2020.

            Attest:

                                                                 Clerk.
116th CONGRESS

  2d Session

                               H. R. 8089

_______________________________________________________________________

                                 AN ACT

    To amend the Immigration and Nationality Act to expand premium 
  processing for certain immigration benefits, and for other purposes.