46788 Federal Register /Vol. 85, No. 149/Monday, August 3, 2020/Rules .

Federal Register / Vol. 85, No. 149 / Monday, August 3, 2020 / Rules and Regulationsb. A statement of the Significant IssuesRaised by the Public Comments inRespone to the Initail RegulatoryFlexibility Analysis, a Statement of theAssessment of the Agency of SuchIssues, and a Statement of Any ChangesMade in the Proposed Rule as a Resultof Such Commentsc. The Response of the Agency to anyComments Filed by the Chief Counsel forAdvocacy of the Small BusinessAdministration in Response to the Rule,and a Detailed Statement of Any ChangeMade to the Final Rule as a Result of theCommentsd. A Description of and an Estimate of theNumber of Small Entities to Which theRule Will Apply or an Explanation ofWhy No Such Estimate is Availablee. A Description of the Projected Reporting,Recordkeeping, and Other ComplianceRequirements of the Rule, Including anEstimate of the Classes of Small EntitiesThat Will be Subject to the Requirementand the Type of Professional SkillsNecessary for Preparation of the Reportor Recordf. Description of the Steps the Agency HasTaken To Minimize the SignificantEconomic Impact on Small EntitiesConsistent With the Stated Objectives ofApplicable Statutes, Including aStatement of Factual, Policy, and LegalReasons for Selecting the AlternativeAdopted in the Final Rule and Why EachOne of the Other Significant Alternativesto the Rule Considered by the AgencyWhich Affect the Impact on SmallEntities was RejectedC. Congressional Review ActD. Unfunded Mandates Reform ActE. Executive Order 13132 (Federalism)F. Executive Order 12988 (Civil JusticeReform)G. Executive Order 13175 Consultation andCoordination With Indian TribalGovernmentsH. Family AssessmentI. National Environmental Policy Act(NEPA)J. Paperwork Reduction ActK. Signaturekhammond on DSKJM1Z7X2PROD with RULES2List of Acronyms and AbbreviationsABC Activity-Based Costingthe Act Homeland Security Act of 2002ADA Americans with Disabilities ActAOP Annual Operating PlanAPA Administrative Procedure ActASVVP Administrative Site Visit andVerification ProgramASC Application Support CenterBLS Bureau of Labor StatisticsCAA Cuban Adjustment Act of 1966CAT Convention Against Torture and OtherCruel, Inhuman or Degrading Treatmentor PunishmentCBP U.S. Customs and Border ProtectionCEQ Council on Environmental QualityCFO Chief Financial OfficerCFR Code of Federal RegulationsCNMI Commonwealth of the NorthernMariana IslandsCUNY City University of New YorkDACA Deferred Action for ChildhoodArrivalsVerDate Sep 11 201420:56 Jul 31, 2020Jkt 250001DHS Department of Homeland SecurityDOJ Department of JusticeDOL Department of LaborDOS Department of StateEAD Employment Authorization DocumentEB–5 Employment-Based Immigrant Visa,Fifth PreferenceEIN Employer Identification NumberE.O. Executive OrderEOIR Executive Office for ImmigrationReviewFBI Federal Bureau of InvestigationFDMS Federal Docket Management SystemFOIA Freedom of Information ActFPG Federal Poverty GuidelinesFR Federal RegisterFRFA Final Regulatory Flexibility AnalysisFVRA Federal Vacancies Reform ActFY Fiscal YearGAO Government Accountability OfficeGDP Gross Domestic ProductICE U.S. Immigration and CustomsEnforcementIEFA Immigration Examinations FeeAccountIIRIRA Illegal Immigration Reform andImmigrant Responsibility ActINA Immigration and Nationality Act of1952INS Immigration and Naturalization ServiceIRS Internal Revenue ServiceISAF International Security AssistanceForcesIT information technologyLCA Labor Condition ApplicationLGBTQ Lesbian, gay, bisexual, transgender,and questioningIOAA Independent Offices AppropriationsActLIFO Last In, First OutLPR Lawful Permanent ResidentMOAs Memoranda of AgreementMPP Migrant Protection ProtocolsNACARA Nicaraguan Adjustment andCentral American Relief ActNAICS North American IndustryClassification SystemNARA National Archives and RecordsAdministrationNEPA National Environmental Policy ActNOID Notice of Intent to DenyNPRM Notice of Proposed RulemakingNRC National Record CenterOIG DHS Office of the Inspector GeneralOIRA Office of Information and RegulatoryAffairsOMB Office of Management and BudgetPA Privacy ActPII Personally Identifiable InformationPRA Paperwork Reduction Act of 1995PRC Permanent Resident CardPrivacy Act Privacy Act of 1974Pub. L. Public LawRFE Request for EvidenceRFA Regulatory Flexibility ActRIA Regulatory Impact AnalysisSAVE Systematic Alien Verification forEntitlementsSBA Small Business AdministrationSCRD Signature Confirmation RestrictedDeliverySecretary The Secretary of HomelandSecuritySIJ Special Immigrant JuvenileSNAP Supplemental Nutrition AssistanceProgramPO 00000Frm 00003Fmt 4701Sfmt 470046789SSI Supplemental Security IncomeStat. U.S. Statutes at LargeSTEM Science, Technology, Engineering,and MathematicsTPS Temporary Protected StatusTVPA Trafficking Victims Protection Act of2000TVPRA The William WilberforceTrafficking Victims ProtectionReauthorization Act of 2008UAC Unaccompanied Alien ChildUMRA Unfunded Mandates Reform Act of1995U.S.C. United States CodeUSCIS U.S. Citizenship and ImmigrationServicesVAWA Violence Against Women ActVPC Volume Projection CommitteeI. Executive SummaryA. Purpose of the Regulatory ActionThis final rule adjusts certainimmigration and naturalization benefitrequest fees charged by USCIS. It alsomakes changes related to setting,collecting, and administering fees. Feeschedule adjustments are necessary torecover the full operating costsassociated with administering thenation’s lawful immigration system andsafeguarding its integrity and promiseby efficiently and fairly adjudicatingrequests for immigration benefit, whileprotecting Americans, securing thehomeland, and honoring our values.This final rule also makes certainadjustments to fee waiver eligibility,filing requirements for nonimmigrantworkers, premium processing service,and other administrative requirements.B. Legal AuthorityDHS’s authority is in several statutoryprovisions. Section 102 of theHomeland Security Act of 2002 (theAct),1 6 U.S.C. 112, and the Immigrationand Nationality Act of 1952 (INA)section 103, 8 U.S.C. 1103, charge theSecretary with the administration andenforcement of the immigration andnaturalization laws of the United States.Further, authority for establishing fees isfound in INA section 286(m), 8 U.S.C.1356(m) (authorizing DHS to charge feesfor adjudication and naturalizationservices at a level to ‘‘ensure recovery ofthe full costs of providing all suchservices, including the costs of similarservices provided without charge toasylum applicants and otherimmigrants’’).21 Public Law 107–296, 116 Stat. 2135, 2142–44(Nov. 25, 2002).2 The longstanding interpretation of DHS is thatthe ‘‘including’’ clause in INA section 286(m) doesnot constrain DHS’s fee authority under the statute.The ‘‘including’’ clause offers only a nonexhaustive list of some of the costs that DHS mayconsider part of the full costs of providingadjudication and naturalization services. See INAE:\FR\FM\03AUR2.SGMContinued03AUR2

khammond on DSKJM1Z7X2PROD with RULES246790Federal Register / Vol. 85, No. 149 / Monday, August 3, 2020 / Rules and RegulationsC. Summary of the Final Rule ProvisionsDHS carefully considered the publiccomments received. This final ruleadopts, with appropriate changes, theregulatory text proposed in the Notice ofProposed Rulemaking (NPRM)published in the Federal Register onNovember 14, 2019. See U.S.Citizenship and Immigration ServicesFee Schedule and Changes to CertainOther Immigration Benefit RequestRequirements; Proposed rule, 84 FR62280. This final rule also relies on allthe justifications articulated in theNPRM, except as reflected below.This final rule makes the followingchanges as compared to the NPRM: Does not provide for the transfer ofImmigration Examinations Fee Account(IEFA) funds collected by USCIS to U.S.Immigration and Customs Enforcement(ICE). 84 FR 62287; ‘‘U.S. Citizenshipand Immigration Services Fee Scheduleand Changes to Certain OtherImmigration Benefit RequestRequirements,’’ Proposed Rule;Extension of Comment Period;Availability of SupplementalInformation, 84 FR 67243 (Dec. 9, 2019). Removes the proposed fee ( 275)for Form I–821D, Consideration ofDeferred Action for Childhood Arrivals,filed for renewal of Deferred Action forChildhood Arrivals (DACA). 84 FR62320, 62362; proposed and new 8 CFR106.2(a)(38). Reassigns National Record Center(NRC) costs that do not directly apply tothe genealogy program, thereby settinggenealogy fees lower than proposed. 84FR 62315, 62316, 62362; proposed 8CFR 106.2(c)(1) and (2); new 8 CFR106.2(c)(1) and (2). Realigns 10 million of anticipatedIEFA costs for the Office of Citizenshipto account for citizenship grantsappropriations received via the FY2019—2020 DHS appropriation bills.See Consolidated Appropriations Act,2019, Public Law 116–6, div. A, tit. IV(Feb. 15, 2019) and ConsolidatedAppropriations Act, 2020, Public Law116–93, div. D, tit. IV (Dec. 20, 2019). Provides a 50 reduction in the feefor Form I–485, Application to RegisterPermanent Residence or Adjust Status,filed in the future for principalapplicants who pay the 50 fee for FormI–589 and are subsequently grantedasylum. New 8 CFR 106.2(a)(17)(ii). Provides that petitioners for andrecipients of Special Immigrant Juvenile(SIJ) classification who, at the time offiling, have been placed in out-of-homecare under the supervision of a juvenilesection 286(m), 8 U.S.C. 1356(m); 84 FR 23930,23932 n.1 (May 23, 2019); 81 FR 26903, 26906 n.10(May 4, 2016).VerDate Sep 11 201420:56 Jul 31, 2020Jkt 250001court or a state child welfare agency,may submit requests for fee waivers forForm I–485 and associated forms; andexplains the documentationrequirement for SIJs. New 8 CFR106.3(a)(2)(i) and (a)(3). Provides that an Afghan or IraqiInterpreter, an Iraqi National employedby or on behalf of the U.S. Government,or an Afghan National employed by theU.S. Government or the InternationalSecurity Assistance Forces (ISAF) maysubmit requests for fee waivers for FormI–485 and associated forms.3 New 8 CFR106.3(a)(2)(ii). Provides that requestors who meetthe requirements of INA section245(l)(7), 8 U.S.C. 1255(l)(7) may alsorequest a fee waiver for the Forms N–400, N–600, and N–600K. New 8 CFR106.3(a)(3). Also provides that SIJs who areplaced in out-of-home care under thesupervision of a juvenile court or a statechild welfare agency and Afghan orIraqi Interpreter, or Iraqi Nationalemployed by or on behalf of the U.S.Government or Afghan Nationalemployed by the U.S. Government orISAF may submit requests for feewaivers for Forms N–400, N–600, andN–600K. New 8 CFR 106.3(a)(2)(i) and(a)(3). Clarifies that the Violence AgainstWomen Act (VAWA) self-petitionerclassification includes individuals whomeet the requirements of INA section101(a)(51) and anyone otherwise selfpetitioning due to battery or extremecruelty pursuant to the procedures inINA section 204(a) See new 8 CFR106.3(a)(1)(i). Consolidates the Director’sdiscretionary provision on fee waiversto remove redundancy. See proposed 8CFR 106.3(b) and (c); 84 FR 62363(containing the text that is beingconsolidated). New 8 CFR 106.3(b). Moves proposed 8 CFR 106.3(d)(1)and (d)(2) (not permitting a fee waiverfor a requestor who is subject to theaffidavit of support, already a sponsoredimmigrant, or subject to the publiccharge inadmissibility ground) to 8 CFR106.3(b)(1) and (b)(2) (governing waiversprovided by the USCIS Director),because an affidavit of support and thepublic charge inadmissibility ground arenot applicable to applicants who areotherwise eligible for fee waivers in thisrule). New 8 CFR 106.3(b).3 As described in section 1059(a)(2) of theNational Defense Authorization Act for Fiscal Year2006 Public Law 109–163 (Jan. 6, 2006) asamended; section 602(b) of the Afghan AlliesProtection Act of 2009, Public Law 111–8, title VI(Mar. 11, 2009), as amended, 8 U.S.C. 1101 note;and section 1244(g) of the National DefenseAuthorization Act for Fiscal Year 2008, as amendedPublic Law 110–181 (Jan. 28, 2008).PO 00000Frm 00004Fmt 4701Sfmt 4700 Clarifies the fee waiver requestdocumentation requirements for VAWA,T, and U requestors who may not haveaccess to documentation of householdincome. New 8 CFR 106.3(f)(5). Provides that the fee for formscurrently available for online filing withUSCIS and filed online will be 10lower than the fee for the same paperforms. New 8 CFR 106.2(d). Requires a separate 30 biometricservices fee for Form I–765 filed bypending asylum applicants andapplicants for status as a long-termresident from the Commonwealth of theNorthern Mariana Islands (CNMI). New8 CFR 106.2(a)(32)(i). Separates fee exemptions for FormI–765 for renewal or replacement of anEmployment Authorization Documentand clarifies the provisions related toVAWA self-petitioners who are eligiblefor a fee exemption. New 8 CFR106.2(a)(32). Incorporates a 10 fee for theregistration requirement for petitionersseeking to file H–1B petitions on behalfof cap-subject aliens. See old 8 CFR103.7(b)(1)(i)(NNN), 84 FR 60307 (Nov.8, 2019); new 8 CFR 106.2(c)(11). Thefinal regulation at 8 CFR 103.2(a)(1) alsoclarifies that all USCIS fees are generallynon-refundable, regardless of whetherthey apply to a benefit request, anotheradjudication and naturalization service,or other requests such as H–1BRegistration, DACA, Civil SurgeonDesignation, and Genealogy requests. Updates 8 CFR 244.6(b) to clarifythe Temporary Protected Status (TPS)related fee provisions in accordancewith the NPRM. See 84 FR 62301(stating that the rule proposed to removethe Form I–765 fee exemption forTemporary Protected Status if theindividual is filing an initial TPSapplication and is under 14 years of ageor over 65 years of age). DHS will maintain the DACApolicy fees as in effect before September5, 2017, at 410 for employmentauthorization and 85 for biometricservices. New 8 CFR 106.2(a)(32)(vi). Makes other minor non-substantiveand clarifying changes.DHS summarizes the final fees inTable 1. The table excludes feesestablished and required by statute andthose that DHS cannot adjust. The tableonly calculates the change in the currentfee. If an applicant, petitioner, orrequestor must file additional forms asa result of policy changes in this rule,then the individual changes to a singleE:\FR\FM\03AUR2.SGM03AUR2

Federal Register / Vol. 85, No. 149 / Monday, August 3, 2020 / Rules and Regulations46791fee may not represent the total changein fees for every circumstance.TABLE 1—NON-STATUTORY IEFA IMMIGRATION BENEFIT REQUEST FEESCurrent fee Immigration benefit requestI–90 Application to Replace Permanent Resident Card (online filing) .I–90 Application to Replace Permanent Resident Card (paper filing) .I–102 Application for Replacement/Initial Nonimmigrant Arrival-DepartureDocument .I–129 Petition for a Nonimmigrant worker .I–129CW, I–129E&TN, and I–129MISC .I–129H1 .I–129H2A—Named Beneficiaries .I–129H2B—Named Beneficiaries .I–129L .I–129O .I–129H2A—Unnamed Beneficiaries .I–129H2B—Unnamed Beneficiaries .I–129F Petition for Alien Fiancé(e) .I–130 Petition for Alien Relative (online filing) .I–130 Petition for Alien Relative (paper filing) .I–131 Application for Travel Document .I–131 Refugee Travel Document for an individual age 16 or older .I–131 Refugee Travel Document for a child under the age of 16 .I–131A Application for Travel Document (Carrier Documentation) .I–140 Immigrant Petition for Alien Worker .I–191 Application for Relief Under Former Section 212(c) of the Immigrationand Nationality Act (INA) .I–192 Application for Advance Permission to Enter as Nonimmigrant(CBP) 4 .I–192 Application for Advance Permission to Enter as Nonimmigrant(USCIS) .I–193 Application for Waiver of Passport and/or Visa .I–212 Application for Permission to Reapply for Admission into the U.S.After Deportation or Removal .I–290B Notice of Appeal or Motion .I–360 Petition for Amerasian, Widow(er), or Special Immigrant .I–485 Application to Register Permanent Residence or Adjust Status 5 .khammond on DSKJM1Z7X2PROD with RULES2I–526 Immigrant Petition by Alien Investor .I–539 Application to Extend/Change Nonimmigrant Status (online filing) .I–539 Application to Extend/Change Nonimmigrant Status (paper filing) .I–589 Application for Asylum and for Withholding of Removal .I–600/600A Adoption Petitions and Applications .I–600A Supplement 3 Request for Action on Approved Form I–600A .I–601 Application for Waiver of Ground of Excludability .I–601A Provisional Unlawful Presence Waiver .I–612 Application for Waiver of the Foreign Residence Requirement (UnderSection 212(e) of the INA, as Amended) .I–687 Application for Status as a Temporary Resident .I–690 Application for Waiver of Grounds of Inadmissibility .I–694 Notice of Appeal of Decision- .I–698 Application to Adjust Status from Temporary to Permanent Resident(Under Section 245A of the INA) .I–751 Petition to Remove Conditions on Residence .I–765 Application for Employment Authorization (Non-DACA) .I–765 Application for Employment Authorization (DACA only) 6 .I–800/800A Adoption Petitions and Applications .I–800A Supplement 3 Request for Action on Approved Form I–800A .I–817 Application for Family Unity Benefits .I–824 Application for Action on an Approved Application or Petition .I–829 Petition by Investor to Remove Conditions .I–881 Application for Suspension of Deportation or Special Rule Cancellation of Removal 7 .I–910 Application for Civil Surgeon Designation .I–924 Application For Regional Center Designation Under the Immigrant Investor Program .I–924A Annual Certification of Regional Center .I–929 Petition for Qualifying Family Member of a U–1 Nonimmigrant .N–300 Application to File Declaration of Intention .N–336 Request for Hearing on a Decision in Naturalization Proceedings(online filing) .VerDate Sep 11 201420:56 Jul 31, 2020Jkt 250001PO 00000Frm 00005Fmt 4701Sfmt 4700Final fee Change( )Percentagechange455455405415 50 40 11 1151,01055540N/A23595390255345245 45 75 251525151010435 1459N/A512185557553 10 16 535371076 21930790 140 301,1304,010390400508054001,0109601202515 1038033520305030N/A803301343 151958N/A4N/A9529301,1307158905151,130765715 415050 175 4507 4005904953,900 5516514003015 1030150 32834044 2642855707851,8101,8106351,5251,240 150535218 03AUR2

46792Federal Register / Vol. 85, No. 149 / Monday, August 3, 2020 / Rules and RegulationsTABLE 1—NON-STATUTORY IEFA IMMIGRATION BENEFIT REQUEST FEES—ContinuedCurrent fee Immigration benefit requestN–336 Request for Hearing on a Decision in Naturalization Proceedings(paper filing) .N–400 Application for Naturalization (online filing) .N–400 Application for Naturalization (paper filing)8 .N–470 Application to Preserve Residence for Naturalization Purposes .N–565 Application for Replacement Naturalization/Citizenship Document(online filing) .N–565 Application for Replacement Naturalization/Citizenship Document(paper filing) .N–600 Application for Certificate of Citizenship (online filing) .N–600 Application for Certificate of Citizenship (paper filing) .N–600K Application for Citizenship and Issuance of Certificate (online filing)N–600K Application for Citizenship and Issuance of Certificate (paper filing)USCIS Immigrant Fee .Biometric Services (Non DACA) 9 .Biometric Services (DACA only) 10 .G–1041 Genealogy Index Search Request (online filing) .G–1041 Genealogy Index Search Request (paper filing) .G–1041A Genealogy Records Request (online filing) .G–1041A Genealogy Records Request (paper filing) .khammond on DSKJM1Z7X2PROD with RULES2D. Summary of Costs and BenefitsExecutive Orders (E.O.) 12866 and13563 direct agencies to assess the costs4 Because the FY 2016/2017 fee review andresulting fee change were based on USCIS’s costsfor proces

7. Form I-192, Application for Advance Permission To Enter as a Nonimmigrant 8. Form I-193, Application for Waiver of Passport and/or Visa 9. Form I-290B, Notice of Appeal or Motion 10. Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant 11. Form I-485, Application To Register Permanent Residence or Adjust Status 12.