EEUU

This document is scheduled to be published in the
Federal Register on 01/04/2023 and available online at

DEPARTMENT OF HOMELANDand
federalregister.gov/d/2022-27066, SECURITY
on govinfo.gov
8 CFR Parts 103, 106, 204, 212, 214, 240, 244, 245, 245a, 264, and 274a
[CIS No. 2687-21; DHS Docket No. USCIS 2021-0010]
RIN 1615-AC68
U.S. Citizenship and Immigration Services Fee Schedule and Changes to Certain Other
Immigration Benefit Request Requirements
AGENCY: U.S. Citizenship and Immigration Services, DHS.
ACTION: Proposed rule.
SUMMARY: The Department of Homeland Security (DHS) proposes to adjust certain
immigration and naturalization benefit request fees charged by U.S. Citizenship and Immigration
Services (USCIS). USCIS conducted a comprehensive biennial fee review and determined that
its costs have increased considerably since its previous fee adjustment due to expanded
humanitarian programs, higher demand, increased processing times, and a need for more USCIS
employees. USCIS cannot maintain adequate service levels with the effects of the budget cuts
and its current level of spending without lasting impacts on operations. DHS proposes to adjust
USCIS fees, add new fees for certain benefit requests, establish distinct fees for petitions for
nonimmigrant workers, and limit the number of beneficiaries on certain forms. DHS is also
proposing additional fee exemptions for certain humanitarian categories and changes to certain
other immigration benefit request requirements. If DHS does not adjust USCIS fees it will not
have the resources it needs to provide adequate service to applicants and petitioners or be able to
keep pace with incoming benefit request workload, and USCIS processing times and backlogs
will not improve. DHS intends for this rulemaking to provide the funding required for USCIS to
improve service levels.

DATES: Written comments must be submitted on this proposed rule on or before [INSERT
DATE 60 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER]. The
electronic Federal Docket Management System will accept comments before midnight eastern
time at the end of that day.
Listening session date: DHS will hold virtual public listening sessions during which the public
may speak directly to USCIS on the questions raised in this proposed rule. A session will be
held on January 11, 2023 at 2:00 pm ET.
Listening sessions registration date: For an opportunity to provide oral comments during the
virtual public listening sessions, you must register before the listening session in question. For
registration instructions, see the Public Participation section below.
ADDRESSES: You may submit comments on the entirety of this proposed rule package,
identified by DHS Docket No. USCIS-2021-0010, through the Federal eRulemaking Portal:
https://www.regulations.gov. Follow the website instructions for submitting comments.
Comments submitted in a manner other than the one listed above, including emails or letters sent
to DHS or USCIS officials, will not be considered comments on the proposed rule and may not
receive a response from DHS. Please note that DHS and USCIS cannot accept any comments
that are hand delivered or couriered. In addition, USCIS cannot accept comments contained on
any form of digital media storage devices, such as CDs/DVDs and USB drives. Due to
Coronavirus Disease (COVID-19), USCIS is also not accepting mailed comments at this time. If
you cannot submit your comment by using https://www.regulations.gov, please contact
Samantha Deshommes, Chief, Regulatory Coordination Division, Office of Policy and Strategy,
U.S. Citizenship and Immigration Services, Department of Homeland Security, by telephone at
(202) 658-9621 for alternate instructions.
FOR FURTHER INFORMATION CONTACT: Carol Cribbs, Deputy Chief Financial
Officer, U.S. Citizenship and Immigration Services, Department of Homeland Security, 5900
Capital Gateway Drive, Camp Springs, MD 20746; telephone 240-721-3000 (this is not a toll-
free number). Individuals with hearing or speech impairments may access the telephone numbers
above via TTY by calling the toll-free Federal Information Relay Service at 877-889-5627
(TTY/TDD).
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Public Participation
II. Executive Summary
A. Summary of Economic Impacts
B. Summary of Proposed Provisions
C. Summary of Current and Proposed Fees
III. Basis for the Fee Review
A. Legal Authority and Guidance
B. Effect of FY 2022 Appropriations
C. Immigration Examinations Fee Account
D. Full Cost Recovery
E. The Use of Premium Processing Funds under the Emergency Stopgap USCIS
Stabilization Act
F. Fee Review History
1. Current state of USCIS fee schedule regulations
2. Previous fee rules
3. Current fees
IV. Fee-Setting Approach – Reversal of 2020 Fee Rule
V. FY 2022/2023 Immigration Examinations Fee Account Fee Review
A. USCIS Projected Costs and Revenue
1. USCIS Budget History
2. FY 2022/2023 Cost Projections
a. General expenses
b. Payroll
c. Related rulemakings
d. Cost summary
3. FY 2022/2023 Revenue Projections
4. Projected Cost and Revenue Differential
B. Methodology
1. Volume
a. Workload Volume and Volume Projection Committee
b. Fee-Paying Volume
2. Completion Rates
3. Assessing Proposed Fees
4. Funding the Asylum Program with Employer Petition Fees
C. Exclusion of Temporary or Uncertain Programs
D. Consideration of DACA Rulemaking
E. Fee-Related Issues for Consideration
1. Accommodating E-filing and Form Flexibility
2. Processing Time Outlook
VI. Fee Waivers
A. Background
B. The 2020 Fee Rule Fee Waiver Changes
C. Inability to Pay
D. USCIS Director’s Discretionary Fee Waivers and Exemptions
E. Requirements to Submit Fee Waiver Form
F. Form and Policy Changes
G. Request for Comments
VII. Fee Exemptions
A. Codification of Benefit Requests with No Fees and Exemptions of Certain Categories
or Classifications from Fees
B. Proposed Fee Exemptions
1. Victims of Severe Form of Trafficking (T Nonimmigrants)
2. Victims of Qualifying Criminal Activity (U Nonimmigrants)
3. VAWA Form I-360 Self-Petitioners Derivatives
4. Conditional Permanent Residents Filing a Waiver of the Joint Filing
Requirement Based on Battery or Extreme Cruelty
5. Abused Spouses and Children Seeking Benefits under CAA and HRIFA
6. Abused Spouses and Children Seeking Benefits under NACARA
7. Abused Spouses and Children of LPRs or U.S. Citizens under INA Sec.
240A(b)(2)
8. Special Immigrant Afghan or Iraqi Translators or Interpreters, Iraqi Nationals
Employed by or on Behalf of the U.S. Government, or Afghan Nationals
Employed by or on Behalf of the U.S. Government or Employed by the
International Security Assistance Force and derivative beneficiaries
9. Special Immigrant Juveniles
10. Temporary Protected Status
11. Asylees
12. Refugees
13. Person Who Served Honorably on Active Duty in the U.S. Armed Forces
Filing under INA Sec. 101(A)(27)(K)
14. Summary of Proposed Fee Exemptions
C. Request for Comments
VIII. Other Proposed Changes in the FY 2022/2023 Fee Schedule
A. Clarifying Dishonored Fee Check Re-presentment Requirement and Fee Payment
Method
B. Payment Method
C. Non-Refundable Fees
D. Eliminating $30 Returned Check Fee
E. Changes to Biometric Services Fee
1. Incorporating Biometric Activities into Immigration Benefit Request Fees
2. Retaining the Separate Biometric Services Fee for Temporary Protected Status
3. Executive Office for Immigration Review Biometric Services Fee
F. Naturalization and Citizenship-Related Forms
1. Application for Naturalization (Form N-400) Fee
2. Request for Reduced Fee (Form I-942)
3. Military Naturalization and Certificates of Citizenship
4. Application for Certificate of Citizenship (Form N-600) and Application for
Citizenship and Issuance of Certificate Under Section 322 (Form N-600K)
5. Proposed Changes to Other Naturalization-Related Application Fees
6. Request for Comments
G. Fees for Online Filing
H. Form I-485, Application to Register Permanent Residence or Adjust Status
1. Interim Benefits
2. Form I-485 Fee for Child Under 14, Filing with Parent
3. INA Sec. 245(i) Statutory Sum
I. Continuing to Hold Refugee Travel Document Fee for Asylees to the Department of
State Passport Fee
J. Form I-131A, Carrier Documentation
K. Separating Fees for Form I-129, Petition for a Nonimmigrant Worker, by
Nonimmigrant Classification
1. Form I-129, Petition for Nonimmigrant Worker: H-1 Classifications
2. Form I-129, Petitions for H-2A or H-2B Classifications
3. Form I-129, Petition for Nonimmigrant Worker: L Classification
4. Form I-129, Petition for Nonimmigrant Worker: O Classifications
5. Form I-129, Petition for Nonimmigrant Worker: E and TN Classifications
6. Form I-129, Petition for Nonimmigrant Worker: H-3, P, Q, or R Classifications
7. Separating Form I-129 into Multiple Forms
8. Commonwealth of the Northern Mariana Islands Fees
9. H-1B Electronic Registration Fee
L. Premium Processing - Business Days
M. Permitting Combined Payment of the Premium Processing Fee
N. Intercountry Adoptions
1. Adjustment to Proposed Fees for Certain Intercountry Adoption-Specific Forms
2. Clarification of Fee Exception for Birth Siblings
3. Suitability and Eligibility Approval Validity Period
4. Form I-600A/I-600, Supplement 3, Request for Action on Approved Form I-
600A/I-600
a. Suitability and Eligibility Extensions
b. New Approval Notices
c. Change of Country
d. Duplicate Approval Notices
e. Hague Adoption Convention Transition Cases
5. Form I-800A, Supplement 3, Request for Action on Approved Form I-800A
O. Immigrant Investors
1. Immediate Effects of the EB-5 Reform and Integrity Act of 2022
2. Background of the EB-5 Program
3. Proposed EB-5 Program Fees
P. Genealogy and Records
1. Genealogy Search and Records Requests
2. Request for a Certificate of Non-Existence
Q. Fees Shared by CBP and USCIS
R. Form I-881, Application for Suspension of Deportation or Special Rule Cancellation
of Removal (Pursuant to Section 203 of Public Law 105-100 (NACARA))
S. 9-11 Response and Biometric Entry-Exit Fee for H-1B and L-1 Nonimmigrant
Workers (Pub. L. 114-113 Fees)
T. Adjusting Fees for Inflation
U. Miscellaneous Technical and Procedural Changes
IX. Proposed Fee Adjustments to IEFA Immigration Benefits
A. Impact of Fees
B. USCIS Fiscal Health
C. Planned Increases in Efficiency
X. Statutory and Regulatory Requirements
A. Executive Order 12866 (Regulatory Planning and Review) and Executive Order 13563
(Improving Regulation and Regulatory Review)
B. Regulatory Flexibility Act
C. Unfunded Mandates Reform Act
D. Small Business Regulatory Enforcement Fairness Act of 1996 (Congressional Review
Act)
E. Executive Order 13132 (Federalism)
F. Executive Order 12988 (Civil Justice Reform)
G. Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments)
H. Paperwork Reduction Act
I. National Environmental Policy Act
J. Family Assessment
List of Acronyms and Abbreviations

AAPA Afghan Allies Protection Act of 2009
ABC Activity-Based Costing
ACWIA American Competitiveness and Workforce Improvement Act
AFM Adjudicator’s Field Manual
APEC U.S. Asia-Pacific Economic Cooperation
ASC Application Support Center
ASVVP Administrative Site Visit and Verification Program
BLS Bureau of Labor Statistics
CAA Cuban Adjustment Act
CBP U.S. Customs and Border Protection
CEQ Council on Environmental Quality
CFO Chief Financial Officer
CFO Act Chief Financial Officers Act of 1990
CNMI Commonwealth of the Northern Mariana Islands
COVID Coronavirus Disease
CPI Consumer Price Index
CPI-U Consumer Price Index for All Urban Consumers
CPR Conditional Permanent Residents
CRA Congressional Review Act
DACA Deferred Action for Childhood Arrivals
DCL Dedicated Commuter Lane
DHS Department of Homeland Security
DoD Department of Defense
DOJ Department of Justice
DOL Department of Labor
DOS Department of State
EAD Employment Authorization Document
EB-5 Employment-Based Immigrant Visa, Fifth Preference
EIN Employer Identification Number
E.O. Executive Order
EOIR Executive Office for Immigration Review
FBI Federal Bureau of Investigation
FDNS Fraud Detection and National Security Directorate
FOIA Freedom of Information Act
FPG Federal Poverty Guidelines
FY Fiscal Year
GAO U.S. Government Accountability Office
GE general expenses
GPO Government Publishing Office
HHS U.S. Department of Health and Human Services
HRIFA Haitian Refugee Immigration Fairness Act
IEFA Immigration Examinations Fee Account
ILRC Immigrant Legal Resource Center v. Wolf
INA Immigration and Nationality Act of 1952
INS Immigration and Naturalization Service
IOAA Independent Offices Appropriations Act
IPO Immigrant Investor Program Office
IRFA Initial Regulatory Flexibility Analysis
IRIS Immigration Records and Identity Services
ISAF International Security Assistance Force
LPR Lawful Permanent Resident
NACARA Nicaraguan Adjustment and Central American Relief Act
NAFTA North American Free Trade Agreement
NAICS North American Industry Classification System
NATO North Atlantic Treaty Organization
NCE new commercial enterprise
NEPA National Environmental Policy Act
NPRM notice of proposed rulemaking
NRC National Records Center
NWIRP Northwest Immigration Rights Project v. United States Citizenship and
Immigration Services
OAW Operation Allies Welcome
OIG DHS Office of Inspector General
OMB Office of Management and Budget
OP operating plan
OPQ Office of Performance and Quality
OPT optional practical training
PRA Paperwork Reduction Act
PRC Permanent Resident Card
RAIO Refugee, Asylum, and International Operations Directorate
RAP Resource Allocation Plan
RFA Regulatory Flexibility Act
RFE Request for evidence
RIA Regulatory impact analysis
SAM Staffing Allocation Model
SAVE Systematic Alien Verification for Entitlements
SBA Small Business Administration
SBREFA Small Business Regulatory Enforcement Fairness Act of 1996
SCOPS Service Center Operations
SEA Small Entity Analysis
SEVP Student and Exchange Visitor Program
SIJ Special Immigrant Juvenile
SOFA Status of Forces Agreement
STEM OPT science, technology, engineering, and mathematics optional practical training
TEA Targeted Employment Area
TECRO Taipei Economic and Cultural Representative Office
TPS Temporary Protected Status
TVPRA William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008
UMRA Unfunded Mandates Reform Act
USCIS U.S. Citizenship and Immigration Services
USMCA U.S. Mexico-Canada Agreement
VAWA Violence Against Women Act
VPC Volume Projection Committee
I. Public Participation
DHS invites you to participate in this rulemaking by submitting written data, views, or
arguments on all aspects of this proposed rule. Comments providing the most assistance to DHS
will reference a specific portion of the proposed rule, explain the reason for any recommended
change, and include data, information, or authority that supports the recommended change.
Instructions: All submissions should include the agency name and DHS Docket No.
USCIS-2021-0010 for this rulemaking. Providing comments is entirely voluntary. Regardless of
how you submit your comment, DHS will post all submissions, without change, to the Federal
eRulemaking Portal at https://www.regulations.gov and will include any personal information
you provide. Because the information you submit will be publicly available, you should consider
limiting the amount of personal information in your submission. DHS may withhold information
provided in comments from public viewing if it determines that such information is offensive or
may affect the privacy of an individual. For additional information, please read the Privacy Act
notice available through the link in the footer of https://www.regulations.gov.
Registration for listening session: To register and receive information on how to attend
the virtual public listening sessions, please go to: https://www.uscis.gov/outreach/upcoming-
national-engagements.
Docket: For access to the docket, go to https://www.regulations.gov and enter this
rulemaking’s eDocket number: USCIS-2021-0010. The docket includes additional documents
that support the analysis contained in this proposed rule to determine the specific fees that are
proposed. These documents include:
 Fiscal Year (FY) 2022/2023 Immigration Examinations Fee Account (IEFA) Fee
Review Supporting Documentation (supporting documentation);
 FY 2022/2023 IEFA Fee Schedule Documentation (fee schedule documentation);
 FY 2022/2023 IEFA Fee Review Model Documentation (model documentation);
 FY 2022/2023 Fee Review Regulatory Impact Analysis (RIA); and
 FY 2022/2023 Fee Review Small Entity Analysis (SEA).
You may review these documents on the electronic docket. The software1 used to
compute the immigration benefit request2 fees and biometric fees3 is a commercial product
1USCIS uses commercially available activity-based costing (ABC) software, CostPerform, to create financial
models as described in the supporting documentation.
2Benefit request means any application, petition, motion, appeal, or other request relating to an immigration or
naturalization benefit, whether such request is filed on a paper form or submitted in an electronic format, provided
such request is submitted in a manner prescribed by DHS for such purpose. See 8 CFR 1.2.
3DHS uses the terms biometric fees, biometric services fees, and biometric fee synonymously in this rule to
describe the cost and process for capturing, storing, or using biometrics.
licensed to USCIS that may be accessed on-site, by appointment, by calling 240-721-6080.4
FAQ: To provide maximum transparency and clarity to the public on this proposed rule,
DHS has provided a list of frequently asked questions and answers (FAQ) that summarize the
content and context of this rule in an easily readable and understandable summary fashion. We
have placed the FAQ in the eDocket USCIS-2021-0010, as well as on the USCIS website at
https://www.uscis.gov/proposed-fee-rule-faqs.
II. Executive Summary
DHS proposes to adjust the USCIS fee schedule, which specifies the fee amount charged
for each immigration and naturalization benefit request.5 DHS last adjusted the fee schedule on
December 23, 2016, by a weighted average increase of 21 percent. See 81 FR 73292 (Oct. 24,
2016) (final rule) (FY 2016/2017 fee rule). USCIS budget and revenue estimates at the time
indicated there would be an average annual deficit of $560 million without adjusting fees. DHS
issued a final rule to adjust the USCIS fee schedule on August 3, 2020, by a weighted average of
20 percent, reflecting the results of the FY 2019/2020 USCIS fee review. See 85 FR 46788 (2020
fee rule). DHS estimated an average annual USCIS deficit of $1,035.9 million. The rule was
scheduled to become effective on October 2, 2020. However, that rule was preliminarily
enjoined, and USCIS has not implemented the fees set out in the 2020 fee rule.6 In this rule, DHS
proposes to replace the 2020 fee rule in its entirety by revising the regulatory changes codified
4This proposed rule describes key inputs to the ABC model (for example, budget, workload forecasts, staffing, and
completion rates), both here and in the supporting documentation.
5 For the purposes of this rulemaking, DHS is including all requests funded from the IEFA in the term “benefit
request” or “immigration benefit request” although the form or request may not technically relate to an immigration
or naturalization benefit. For example, Deferred Action for Childhood Arrivals (DACA) is solely an exercise of
prosecutorial discretion by DHS, is not an immigration benefit, and is called a “benefit request” solely for purposes
of this rule. Likewise, a request for genealogy records is not a request for an immigration benefit. For historic
receipts and completion information, see USCIS immigration and citizenship data available at
https://www.uscis.gov/tools/reports-studies/immigration-forms-data.
6Immigrant Legal Res. Ctr. v. Wolf, 491 F. Supp. 3d 520 (N.D. Cal. 2020) (ILRC); Nw. Immigrant Rights Project v.
USCIS, 496 F. Supp. 3d 31 (D.D.C. 2020) (NWIRP).
by the enjoined 2020 fee rule. Certain changes in the 2020 fee rule are proposed to be retained by
being republished.
USCIS is primarily funded by fees charged to applicants and petitioners for immigration
and naturalization benefit requests. Fees collected from individuals and entities filing
immigration benefit requests are deposited into the Immigration Examinations Fee Account
(IEFA). These fee collections fund the cost of fairly and efficiently adjudicating immigration
benefit requests, including those provided without charge to refugee, asylum, and certain other
applicants or petitioners. The focus of this fee review is the fees that DHS has established and is
authorized by INA section 286(m), 8 U.S.C 1356(m), to establish or change, collect, and deposit
into the IEFA, which comprised approximately 96 percent of USCIS’ total FY 2021 enacted
spending authority; this fee review does not focus on fees that USCIS is required to collect but
cannot change. This rule also proposes to revise the genealogy program fees established under
INA section 286(t), 8 U.S.C. 1356(t), and those funds are also deposited into the IEFA. Premium
processing funds established under INA section 286(u), 8 U.S.C. 1356(u) are also IEFA fees, but
premium processing fees are not proposed to be changed in this rule.
In accordance with the requirements and principles of the Chief Financial Officers Act of
1990 (CFO Act), codified at 31 U.S.C. 901-03, and Office of Management and Budget (OMB)
Circular A-25, USCIS conducts biennial reviews of the non-statutory fees deposited into the
IEFA. Following such reviews, DHS proposes fee adjustments, if necessary, to ensure that
USCIS fees recover the full cost of operating USCIS as authorized by INA section 286(m), 8
U.S.C 1356(m). USCIS has completed a fee review for the FY 2022/2023 biennial period. The
primary objective of any IEFA fee review is to determine whether current immigration and
naturalization benefit fees will generate sufficient revenue to fund the anticipated operating costs
associated with administering the nation’s legal immigration system. The results indicate that
current fee levels are insufficient to recover the full cost of operations funded by the IEFA.
Therefore, DHS proposes to adjust USCIS fees.

In addition to the requirements of the CFO Act, there are other important reasons for
conducting the FY 2022/2023 fee review. The fee review:
 Allows for an assessment of USCIS policy changes, staffing levels, costs, and
revenue and other assessments. USCIS evaluates operational requirements and makes
informed decisions concerning program scaling, resource planning, and staffing
allocations; and
 Provides those served by USCIS with an opportunity to submit comments on the
effect of fee changes.
USCIS calculates its fees to recover the full cost of operations funded by the IEFA. These
costs do not include limited appropriations provided by Congress. If USCIS continues to operate
at current fee levels, it would experience an average annual shortfall (the amount by which
expenses exceed revenue) of $1,868.2 million. This projected shortfall poses a risk of degrading
USCIS operations funded by the IEFA.
Although this fee schedule represents a 40-percent overall weighted average increase to
ensure full cost recovery, more than a million immigration benefit requestors each year would
see no increase or a decrease in costs because their benefit requests have no fee, are fee exempt,
or are fee waived.7 In FY 2022/2023, USCIS estimates approximately 8 million annual average
receipts for workload with fees. Of those, USCIS estimates approximately 7 million may pay
fees. DHS proposes to maintain the current fee waiver policy which was established in 2011.8
7USCIS uses a weighted average instead of a straight average because of the difference in volume by immigration
benefit type and the resulting effect on fee revenue. The 40-percent weighted average increase is a change in the
average fee for a form that currently requires a fee compared to the average proposed fee per form. The sum of the
current fees, multiplied by the projected FY 2022/2023 fee-paying receipts for each immigration benefit type,
divided by the total fee-paying receipts, is $518. The sum of the proposed fees, multiplied by the projected FY
2022/2023 receipts for each immigration benefit type, divided by the fee-paying receipts, is $725. There is a $207,
or approximately 40-percent, difference between the two averages. These averages exclude fees that do not receive
cost reallocation, such as the separate biometric services fee and the proposed genealogy fees.
8See Policy Memorandum, Fee Waiver Guidelines as Established by the Final Rule of the USCIS Fee Schedule;
Revisions to Adjudicator’s Field Manual (AFM) Chapter 10.9, AFM Update AD11-26, available at
The proposed fees would ensure that IEFA revenue covers USCIS’ costs associated with
adjudicating immigration benefit requests. The proposed fee schedule accounts for increased
costs to adjudicate immigration benefit requests, detect and deter immigration fraud, and vet
applicants, petitioners, and beneficiaries. See section V.A. of this preamble for a discussion of
IEFA budget history and cost projections for this rulemaking. DHS also proposes to expand fee
exemptions for certain applicants and petitioners for humanitarian benefits. Additionally, DHS
proposes to establish distinct fees for different categories of petitions for nonimmigrant workers.
DHS proposes to set a range of fees that vary by the nonimmigrant classification and to limit
petitions for nonimmigrant workers to 25 named beneficiaries. DHS believes the proposed fees
more accurately reflect the differing burdens of adjudication and will enable USCIS to adjudicate
these petitions more effectively.
A. Summary of Economic Impacts

The fee adjustments, as well as changes to the forms and fee structures used by USCIS,
would result in net costs, benefits, and transfer payments. For the 10-year period of analysis of
the rule (FY 2023 through FY 2032), DHS estimates the annualized net costs to the public would
be $532,379,138 discounted at 3- and 7-percent. Estimated total net costs over 10 years would be
$4,541,302,033, discounted at 3-percent and $3,739,208,286 discounted at 7-percent.
The proposed changes in this rule would also provide several benefits to DHS and
applicants/petitioners seeking immigration benefits. For the Government, the primary benefits
include reduced administrative burdens and fee processing errors, increased efficiency in the
adjudicative process, and the ability to better assess the cost of providing services, which allows
for better aligned fees in future regulations. The primary benefits to the applicants/petitioners
include the simplification of the fee payment process for some forms, elimination of the $30
https://www.uscis.gov/sites/default/files/document/memos/FeeWaiverGuidelines_Established_by_the_Final%20Rul
e_USCISFeeSchedule.pdf) (last viewed March 23, 2022).
returned check fee, USCIS’ expansion of the electronic filing system to include more forms, and
for many applicants, limited fee increases and additional fee exemptions to reduce fee burdens.
Fee increases and other changes in this proposed rule would result in annualized transfer
payments from applicants/petitioners to USCIS of approximately $1,612,133,742 discounted at
both 3-percent and 7-percent. The total 10-year transfer payments from applicants/petitioners to
USCIS would be $13,751,827,819 at a 3-percent discount rate and $11,322,952,792 at a 7-
percent discount rate.
Fee reductions and exemptions in this proposed rule would result in annualized transfer
payments from USCIS to applicants/petitioners of approximately $116,372,429 discounted at
both 3-percent and 7-percent. The total 10-year transfer payments from USCIS to
applicants/petitioners would be $992,680,424 at a 3-percent discount rate and $817,351,244 at a
7-percent discount rate.
The annualized transfer payments from the Department of Defense (DoD) to USCIS
would be approximately $222,145 at both 3- and 7-percent discount rates. The total 10-year
transfer payments from DoD to USCIS would be $1,894,942 at a 3-percent discount rate and
$1,560,254 at a 7-percent discount rate.
B. Summary of Proposed Provisions

This proposed rule includes the following proposals:
 Adjusting fees according to the schedule in Tables 1 and 26.
 Adding new fee exemptions for certain humanitarian programs and preserving the fee
waiver requirements that are currently being followed.
 Removing fee exemptions that are based only on the age of the person submitting the
request.
 Eliminating the $30 returned check fee.
 Incorporating biometrics costs into the main benefit fee and removing the separate
biometric services fee.

 Requiring separate filing fees for Form I-485 and associated Form I-131 and Form I-765
filings.
 Establishing separate fees for Form I-129, Petition for Nonimmigrant Worker, by
nonimmigrant classification.
 Revising the premium processing timeframe interpretation from calendar days to business
days.
 Revising adoption-related requirements, including adding a Request for Action on
Approved Form I-600A/I-600 (Form I-600A/I-600, Supplement 3), and associated fees.
 Revising regulations related to genealogy searches, including establishing a fee for Form
G-1566, Request for Certificate of Non-Existence.
 Miscellaneous technical and procedural changes.
 Creating lower fees for forms filed online.
C. Summary of Current and Proposed Fees

Table 1 summarizes the current and proposed fees. In addition, the proposed fees and
exemptions are incorporated into the draft version of USCIS Form G-1055 as part of the docket
for this rulemaking. In some cases, the current or proposed fee may be the sum of several fees.
For example, several immigration benefit requests require an additional biometric services fee
under the current fee structure. The table includes rows with and without the additional biometric
services fee added to the Current Fee(s) column. The Current Fee(s) column represents the
current fees in effect rather than the enjoined fees from the 2020 fee rule.9 Throughout this
proposed rule, the phrase “current fees” refers to the fees in effect and not the enjoined fees. In
this proposal, DHS would eliminate the additional biometric services fee in most cases by
including the costs in the underlying immigration benefit request fee. As such, the Proposed
9 USCIS provides filing fee information on the All Forms page at https://www.uscis.gov/forms/all-forms. You can
use the Fee Calculator to determine the exact filing and biometric services fees for any form processed at a USCIS
Lockbox facility. See USCIS, Fee Calculator, https://www.uscis.gov/feecalculator. For a complete list of all USCIS
fees, see Form G-1055, Fee Schedule, available from https://www.uscis.gov/g-1055.
Fees(s) column does not include an additional biometric services fee. Some other benefit
requests are listed several times because in some cases DHS proposes distinct fees based on
filing methods, online or paper. DHS proposes to require fees for Forms I-131 and I-765 when
filed with Form I-485. As such, Table 1 includes rows that compare the current fee for Form I-
485 to various combinations of the proposed fees for Forms I-485, I-131, and I-765. We grouped
the fees into different categories, such as Citizenship and Nationality, Humanitarian, Family-
Based, Employment-Based, and Other. We included immigration benefit requests without fees in
a No Fees category. DHS proposes to codify these no fee immigration benefit requests. See, e.g.,
proposed 8 CFR 106.2(a)(58) through (60).
Table 1: Comparison of Current10 and Proposed Fees

Current Proposed
Difference
Immigration Benefit Request Fee(s) Fee(s)
Citizenship and Naturalization
Monthly Report on Naturalization
N-4 Papers No Fee No Fee N/A N/A
Application to File Declaration of
N-300 Intention $270 $320 $50 19%
Request for Hearing on a
Decision in Naturalization
N-336 Proceedings - Online or Paper $700 $830 $130 19%
Application for Naturalization -
N-400 Online or Paper $640 $760 $120 19%
Online or Paper (with biometric
N-400 services) $725 $760 $35 5%
N-400 Reduced Fee $320 $380 $60 19%
Reduced Fee (with biometric
N-400 services) $405 $380 -$25 -6%
Application to Preserve
Residence for Naturalization
N-470 Purposes $355 $425 $70 20%
Application for Replacement
Naturalization/Citizenship
N-565 Document - Online or Paper $555 $555 $0 0%
Application for Certificate of
N-600 Citizenship - Online or Paper $1,170 $1,385 $215 18%
10 These are fees that USCIS is currently charging and not those codified by the 2020 fee rule.
Current Proposed
Difference
Application for Citizenship and
Issuance of Certificate - Online or
N-600K Paper $1,170 $1,385 $215 18%
Application for Posthumous
N-644 Citizenship No Fee No Fee N/A N/A
Medical Certification for
N-648 Disability Exceptions No Fee No Fee N/A N/A
Humanitarian
Credible Fear No Fee No Fee N/A N/A
Application for Asylum and for
I-589 Withholding of Removal No Fee No Fee N/A N/A
Registration for Classification as
I-590 a Refugee No Fee No Fee N/A N/A
Application by Refugee for
Waiver of Inadmissibility
I-602 Grounds No Fee No Fee N/A N/A
Application for Status as a
Temporary Resident Under
I-687 Section 245A of the INA $1,130 $1,240 $110 10%
Temporary Resident Under
Section 245A of the INA (with
I-687 biometric services) $1,215 $1,240 $25 2%
I-694 Notice of Appeal of Decision $890 $1,155 $265 30%
Application to Adjust Status from
Temporary to Permanent
Resident (Under Section 245A of
I-698 the INA) $1,670 $1,670 $0 0%
Temporary to Permanent
Resident (Under Section 245A of
the INA) (with biometric
I-698 services) $1,755 $1,670 -$85 -5%
I-730 Refugee/Asylee Relative Petition No Fee No Fee N/A N/A
Application for Employment
Authorization for Abused
I-765V Nonimmigrant Spouse No Fee No Fee N/A N/A
Application for Family Unity
I-817 Benefits $600 $875 $275 46%
Application for Family Unity
I-817 Benefits (with biometric services) $685 $875 $190 28%
Application for Temporary
I-821 Protected Status - Online or Paper $50 $50 $0 0%
Application for Suspension of
Deportation or Special Rule
Cancellation of Removal (for an
I-881 individual adjudicated by DHS) $285 $340 $55 19%
Current Proposed
Difference
Cancellation of Removal (for an
individual adjudicated by DHS)
I-881 (with biometric services) $370 $340 -$30 -8%
Cancellation of Removal (for a
I-881 family adjudicated by DHS) $570 $340 -$230 -40%
family adjudicated by DHS) (with
I-881 biometric services for two people) $740 $340 -$400 -54%
family adjudicated by Executive
I-881 Office for Immigration Review) $165 $165 $0 0%
Application for T Nonimmigrant
I-914 Status No Fee No Fee N/A N/A
Application for Family Member
I-914A of T-1 Recipient No Fee No Fee N/A N/A
Petition for U Nonimmigrant
Petition for Qualifying Family
I-918A Member of U-1 Recipient No Fee No Fee N/A N/A
U Nonimmigrant Status
I-918B Certification No Fee No Fee N/A N/A
Petition for Qualifying Family
I-929 Member of a U-1 Nonimmigrant $230 $270 $40 17%
Reasonable Fear No Fee No Fee N/A N/A
Family-Based
I-129F Petition for Alien Fiancé(e) $535 $720 $185 35%
Petition for Alien Relative -
I-130 Online $535 $710 $175 33%
I-130 Petition for Alien Relative - Paper $535 $820 $285 53%
Petition to Classify Orphan as an
I-600 Immediate Relative $775 $920 $145 19%
Petition to Classify Orphan as an
Immediate Relative (with
I-600 biometric services for one adult) $860 $920 $60 7%
Application for Advance
I-600A Processing of an Orphan Petition $775 $920 $145 19%
Current Proposed
Difference
Processing of an Orphan Petition
(with biometric services for one
I-600A adult) $860 $920 $60 7%
I-600A/I- Request for Action on Approved
600 Supp. 3 Form I-600A/I-600 N/A $455 N/A N/A
Application for Provisional
I-601A Unlawful Presence Waiver $630 $1,105 $475 75%
Unlawful Presence Waiver (with
I-601A biometric services) $715 $1,105 $390 55%
Petition to Remove Conditions on
I-751 Residence $595 $1,195 $600 101%
Petition to Remove Conditions on
Residence (with biometric
I-751 services) $680 $1,195 $515 76%
Petition to Classify Convention
Adoptee as an Immediate
I-800 Relative $775 $920 $145 19%
Application for Determination of
Suitability to Adopt a Child from
I-800A a Convention Country $775 $920 $145 19%
Application for Determination of
Suitability to Adopt a Child from
a Convention Country (with
I-800A biometric services) $860 $920 $60 7%
I-800A Request for Action on Approved
Supp. 3 Form I-800A $385 $455 $70 18%
Request for Action on Approved
I-800A Form I-800A (with biometric
Supp. 3 services) $470 $455 -$15 -3%
Employment-Based
Asylum Program Fee N/A $600 N/A N/A
H-1B Pre-Registration Fee $10 $215 $205 2050%
Petition for a Nonimmigrant
I-129 Worker: H-1 Classifications $460 $780 $320 70%
H-2A Petition - Named
I-129 Beneficiaries $460 $1,090 $630 137%
H-2B Petition - Named
I-129 Beneficiaries $460 $1,080 $620 135%
Petition for L Nonimmigrant
I-129 Worker $460 $1,385 $925 201%
Petition for O Nonimmigrant
I-129 Worker $460 $1,055 $595 129%
Current Proposed
Difference
Petition for a CNMI-Only
Nonimmigrant Transitional
Worker; Application for
Nonimmigrant Worker: E and TN
Classifications; and Petition for
I-129CW, Nonimmigrant Worker: H-3, P,
and I-129 Q, or R Classification $460 $1,015 $555 121%
Petition for a CNMI
I-129CW, Nonimmigrant Worker (with
and I-129 biometric services fee) $545 $1,015 $470 86%
H-2A Petition - Unnamed
I-129 Beneficiaries $460 $530 $70 15%
H-2B Petition - Unnamed
I-129 Beneficiaries $460 $580 $120 26%
Immigrant Petition for Alien
I-140 Worker $700 $715 $15 2%
Immigrant Petition by Standalone
I-526 Investor $3,675 $11,160 $7,485 204%
Immigrant Petition by Regional
I-526E Center Investor $3,675 $11,160 $7,485 204%
I-765 Authorization - Online $410 $555 $145 35%
I-765 Authorization - Paper $410 $650 $240 59%
Authorization - Online (with
I-765 biometric services) $495 $555 $60 12%
Authorization - Paper (with
I-765 biometric services) $495 $650 $155 31%
Petition by Investor to Remove
Conditions on Permanent
I-829 Resident Status $3,750 $9,525 $5,775 154%
Petition by Investor to Remove
Conditions on Permanent
Resident Status (with biometric
I-829 services) $3,835 $9,525 $5,690 148%
Request for Premium Processing
Service when filing: Form I-129
requesting E-1, E-2, E-3, H-1B,
H-3, L (including blanket L-1), O,
P, Q, or TN nonimmigrant
classification; or Form I-140
requesting EB-1, EB-2, or EB-3
I-907 immigrant visa classification $2,500 $2,500 $0 0%
Current Proposed
Difference
Request for Premium Processing
Service when filing Form I-129
requesting H-2B or R
I-907 nonimmigrant classification $1,500 $1,500 $0 0%
Application For Regional Center
I-956 Designation $17,795 $47,695 $29,900 168%
Regional Center Annual
I-956G Statement $3,035 $4,470 $1,435 47%
Other
Application to Replace
Permanent Resident Card -
I-90 Online $455 $455 $0 0%
I-90 Permanent Resident Card - Paper $455 $465 $10 2%
Permanent Resident Card -
I-90 Online (with biometric services) $540 $455 -$85 -16%
Permanent Resident Card - Paper
Application for
Replacement/Initial
Nonimmigrant Arrival-Departure
I-102 Document $445 $680 $235 53%
I-131 Application for Travel Document $575 $630 $55 10%
Application for Travel Document
I-131 Refugee Travel Document
I-131 for an individual age 16 or older $135 $165 $30 22%
for an individual age 16 or older
I-131 for a child under the age of 16 $105 $135 $30 29%
for a child under the age of 16
Application for Carrier
I-131A Documentation $575 $575 $0 0%
Application for Relief Under
Former Section 212(c) of the
Immigration and Nationality Act
I-191 (INA) $930 $930 $0 0%
Permission to Enter as
Nonimmigrant (filed with
I-192 USCIS) $930 $1,100 $170 18%
Current Proposed
Difference
Permission to Enter as
I-192 Nonimmigrant (filed with CBP) $585 $1,100 $515 88%
Application for Waiver of
I-193 Passport and/or Visa $585 $695 $110 19%
Application for Permission to
Reapply for Admission into the
U.S. After Deportation or
I-212 Removal $930 $1,395 $465 50%
I-290B Notice of Appeal or Motion $675 $800 $125 19%
Petition for Amerasian
I-360 Widow(er) or Special Immigrant $435 $515 $80 18%
Application to Register
Permanent Residence or Adjust
I-485 Status $1,140 $1,540 $400 35%
I-485 Status (with biometric services) $1,225 $1,540 $315 26%
Status (under the age of 14 in
I-485 certain conditions) $750 $1,540 $790 105%
Forms I-485 and I-131 with
I-485 biometric services $1,225 $2,170 $945 77%
Forms I-485 and I-765 (filed on
I-485 paper) with biometric services $1,225 $2,190 $965 79%
Forms I-485, I-131, and I-765
(filed on paper) with biometric
I-485 services $1,225 $2,820 $1,595 130%
Supplement A, Supplement A to
Form I-485, Adjustment of Status
I-485A Under Section 245(i) $1,000 $1,000 $0 0%
Application to Extend/Change
I-539 Nonimmigrant Status - Online $370 $525 $155 42%
I-539 Nonimmigrant Status - Paper $370 $620 $250 68%
Nonimmigrant Status - Online
I-539 (with biometric services) $455 $525 $70 15%
Nonimmigrant Status - Paper
I-539 (with biometric services) $455 $620 $165 36%
I-601 Grounds of Inadmissibility $930 $1,050 $120 13%
Current Proposed
Difference
Application for Waiver of the
Foreign Residence Requirement
(Under Section 212(e) of the
I-612 INA, as Amended) $930 $1,100 $170 18%
I-690 Grounds of Inadmissibility $715 $985 $270 38%
Application for Action on an
I-824 Approved Application or Petition $465 $675 $210 45%
Application for Authorization to
Issue Certification for Health
I-905 Care Workers $230 $230 $0 0%
Application for Civil Surgeon
I-910 Designation $785 $1,230 $445 57%
Application for Entrepreneur
I-941 Parole $1,200 $1,200 $0 0%
Application for Entrepreneur
I-941 Parole (with biometric services) $1,285 $1,200 -$85 -7%
Biometric Services (in most
cases) $85 $0 -$85 -100%
Biometric Services (TPS and
EOIR only) $85 $30 -$55 -65%
USCIS Immigrant Fee $220 $235 $15 7%
Genealogy and Records
Genealogy Index Search Request
G-1041 - Online $65 $100 $35 54%
G-1041 - Paper $65 $120 $55 85%
Genealogy Records Request -
G-1041A Online $65 $240 $175 269%
Genealogy Records Request -
G-1041A Paper $65 $260 $195 300%
G-1041 and and Records Request - Online
G-1041A (digital records) $130 $100 -$30 -23%
G-1566 Certificate of Non-Existence $0 $330 $330 N/A
No Fee
I-134 Declaration of Financial Support No Fee No Fee N/A N/A
Affidavit of Financial Support
and Intent to Petition for Legal
Custody for Public Law 97-359
I-361 Amerasian No Fee No Fee N/A N/A
Request to Enforce Affidavit of
Financial Support and Intent to
Petition for Legal Custody for
I-363 Public Law 97-359 Amerasian No Fee No Fee N/A N/A
Current Proposed
Difference
Record of Abandonment of
Lawful Permanent Resident
Confirmation of Bona Fide Job
Offer or Request for Job
Portability Under INA Section
I-485J 204(j) No Fee No Fee N/A N/A
Request for Waiver of Certain
Rights, Privileges, Exemptions,
I-508 and Immunities No Fee No Fee N/A N/A
Interagency Record of Request –
A, G, or NATO Dependent
Employment Authorization or
Change/Adjustment To/From A,
I-566 G, or NATO Status No Fee No Fee N/A N/A
Report of Medical Examination
I-693 and Vaccination Record No Fee No Fee N/A N/A
Inter-Agency Alien Witness and
I-854 Informant Record No Fee No Fee N/A N/A
Affidavit of Support Under
I-864 Section 213A of the INA No Fee No Fee N/A N/A
Contract Between Sponsor and
I-864A Household Member No Fee No Fee N/A N/A
Affidavit of Support Under
I-864EZ Section 213A of the INA No Fee No Fee N/A N/A
Request for Exemption for
Intending Immigrant’s Affidavit
I-864W of Support No Fee No Fee N/A N/A
Sponsor’s Notice of Change of
I-865 Address No Fee No Fee N/A N/A
I-912 Request for Fee Waiver No Fee No Fee N/A N/A
I-942 Request for Reduced Fee No Fee No Fee N/A N/A
III. Basis for the Fee Review
A. Legal Authority and Guidance

DHS is issuing this proposed rule consistent with INA sec. 286(m), 8 U.S.C. 1356(m)
(authorizing DHS to charge fees for adjudication and naturalization services at a level to “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”),11 and the CFO Act, 31
U.S.C. 901-03 (requiring each agency’s Chief Financial Officer (CFO) to review, on a biennial
basis, the fees imposed by the agency for services it provides, and to recommend changes to the
agency’s fees).
This proposed rule is also consistent with non-statutory guidance on fees, the budget
process, and Federal accounting principles.12 DHS uses OMB Circular A-25 as general policy
guidance for determining user fees for immigration benefit requests, with exceptions as outlined
in section III.B of this preamble. DHS also follows the annual guidance in OMB Circular A-11 if
it requests appropriations to offset a portion of Immigration Examinations Fee Account (IEFA)
costs.13
Finally, this rulemaking accounts for, and is consistent with, congressional appropriations
for specific USCIS programs. FY 2021 appropriations for USCIS provided funding for the E-
Verify employment eligibility verification program. Congress provided E-Verify with $117.8
million for operations and support. See Consolidated Appropriations Act, 2021, Pub. L. 116-260,
div. F, tit. IV (Dec. 27, 2020). DHS provides this information only for comparison to the IEFA.
E-Verify is not included in this fee review budget because, generally, appropriations, not fees,
11The longstanding interpretation of DHS is that the “including” clause in section 286(m) does not constrain DHS’s
fee authority under the statute. The “including” clause offers only a non-exhaustive list of some of the costs that
DHS may consider part of the full costs of providing adjudication and naturalization services. See 8 U.S.C. 1356(m);
84 FR 23930, 23932 n.1 (May 23, 2019); 81 FR 26903, 26906 n.10 (May 4, 2016).
12See OMB Circular A-25, “User Charges,” 58 FR 38142, available at https://www.whitehouse.gov/wp-
content/uploads/2017/11/Circular-025.pdf (July 15, 1993) (revising Federal policy guidance regarding fees assessed
by Federal agencies for Government services). See also Federal Accounting Standards Advisory Board Handbook,
Version 17 (06/18), Statement of Federal Financial Accounting Standards 4: Managerial Cost Accounting Standards
and Concepts, SFFAS 4, available at http://files.fasab.gov/pdffiles/handbook_sffas_4.pdf (generally describing cost
accounting concepts and standards, and defining “full cost” to mean the sum of direct and indirect costs that
contribute to the output, including the costs of supporting services provided by other segments and entities.); id. at
49-66 (July 31, 1995). See also OMB Circular A-11, Preparation, Submission, and Execution of the Budget, section
20.7(d), (g) (June 29, 2018), available at https://www.whitehouse.gov/wp-content/uploads/2018/06/a11.pdf (June
29, 2018). (providing guidance on the FY 2020 budget and instructions on budget execution, offsetting collections,
and user fees).
13OMB Circulars A-25 and A-11 provide nonbinding internal executive branch direction for the development of fee
schedules under the Independent Offices Appropriations Act, 1952 (IOAA) and appropriations requests,
respectively. See 5 CFR 1310.1. Although DHS is not required to strictly adhere to these OMB circulars in setting
USCIS fees, DHS understands they reflect best practices and used the activity-based costing (ABC) methodology
supported in Circulars A-25 and A-11 to develop the proposed fee schedule.
fund E-Verify. In addition, Congress appropriated $10 million for the Citizenship and Integration
Grant Program. Id. Together, the total FY 2021 appropriations for USCIS are $127.8 million. For
the last several years, USCIS has not had the authority to spend more than $10 million for
citizenship grants. Until recently, grant program funding came from the IEFA fee revenue or a
mix of appropriations and fee revenue.14 Because Congress appropriated funds for grants in FY
2021, the $10 million budgeted for citizenship grants is not part of the FY 2022/2023 IEFA fee
review budget.
B. Effect of FY 2022 Appropriations

In FY 2022, Congress provided USCIS additional appropriations for very specific
purposes. See Consolidated Appropriations Act, 2022, Pub. L. 117-103 (Mar. 15, 2022) (“Pub. L.
117-103”). USCIS received approximately $389.5 million for E-Verify, application processing,
backlog reduction, and the refugee program. See id at div. F, title IV. Of that amount,
approximately $87.6 million is available until the end of FY 2023. Id. These funds will be in a
separate appropriated account. Id. USCIS will use $275 million to reduce USCIS application and
petition backlogs and delays, support refugee admissions up to a ceiling of 125,000, and invest in
enterprise infrastructure improvements such as case file management and video interviewing
capabilities.15 USCIS will use the remaining amount, approximately $114.5 million, to fund E-
Verify. In addition, Congress provided $20 million for Federal Assistance for the Immigrant
Citizenship and Integration Grants program. Id. This is $10 million more than in a typical year.16
USCIS also received $193 million for Operation Allies Welcome (OAW). See Extending
14USCIS received $2.5 million for the immigrant integration grants program in FY 2013 (Pub. L. 113-6) and FY
2014 (Pub. L. 113-76). USCIS did not receive appropriations for the immigrant integration grants program in FY
2015, FY 2016, FY 2017, and FY 2018. Congress provided $10 million for citizenship and integration grants in FY
2019 (Pub. L. 116-6) and FY 2020 (Pub. L. 116-93).
15This $275 million includes $250 million that USCIS received in an earlier continuing resolution. See Extending
Government Funding and Delivering Emergency Assistance Act, 2022, Pub. L. 117-43 (Sept. 30, 2021) at div. A,
sec. 132. USCIS received an additional $25 million in the Consolidated Appropriations Act, 2022, Pub. L. 117-103
(Mar. 15, 2022) at div. F, title IV.
16For example, Congress appropriated $10 million in FY 2021. See section III.A of this preamble for more
information.
Government Funding and Delivering Emergency Assistance Act, 2022, Pub. L. 117-43 (Sept. 30,
2021) (“Pub. L. 117-43”) at div. C. title V, sec. 2501. In FY 2022, approximately $119.7 million
is available for use in the Immigration Examinations Fee Account, which is a no-year account.
The remaining OAW amount will be available in FY 2023 or until expended. In all of these
cases, the laws provide that the funds are only to be used for the specified purposes, and DHS is
not required to reduce any current IEFA fee.17
The FY 2022/2023 fee review budget that is the basis for this proposed rule excludes all
appropriated funding, including the approximately $529.2 million provided so far in FY 2022.
USCIS will use the appropriated funding for the purposes provided by Congress. The
appropriations support several DHS priorities, for example, decreasing USCIS application
processing times, reducing the backlog of requests already on hand and being adjudicated (and
for which a fee may have already been paid). USCIS may also use the appropriations to expand
refugee processing efforts, and support vulnerable Afghans, including those who worked
alongside Americans in Afghanistan for the past two decades, as they safely resettle in the
United States. These appropriations do not overlap with the fee review budget, which will fund
immigration adjudication and naturalization services for future incoming receipts. The full costs
of operating USCIS that are included in the fee model do not include separate line items
budgeted directly for backlog reduction and OAW. Had the appropriation not been received,
DHS and USCIS would have been required to use funds budgeted for other uses to fund the costs
of OAW. While DHS and USCIS are very focused on reducing backlogs, our efforts to reduce
the backlog did not include a significant shift of IEFA non-premium funds from normal
operations to that effort. USCIS funded previous backlog reduction efforts with IEFA premium
17Pub. L. 117-43, at section 132, states, “That such amounts shall be in addition to any other funds made available
for such purposes, and shall not be construed to require any reduction of any fee described in section 286(m) of the
Immigration and Nationality Act (8 U.S.C. 1356(m)):” Likewise, Pub. L. 117-43, at section 2501, states “That such
amounts shall be in addition to any other amounts made available for such purposes and shall not be construed to
require any reduction of any fee described in section 286(m) of the Immigration and Nationality Act (8 U.S.C.
1356(m)).” USCIS has a long history of funding citizenship and integration grants from IEFA revenue,
appropriations, or a mix of both.
processing revenue and supplemental appropriations.18 The backlog represents uncompleted
work which USCIS already received, but did not complete, and the appropriated funds will assist
in clearing that workload. In the absence of appropriations, USCIS may continue to fund backlog
reduction efforts with premium processing revenue.
DHS received appropriations to fund some of the additional spending that USCIS will
require for the refugee ceiling increase to 125,000 beginning in FY 2022, as described in section
V.A.2.b.19 This is a significant increase over recent years. The refugee admission ceiling was
62,500 for FY 2021 and 18,000 for FY 2020.20 DHS is including this amount in its total costs to
be recovered by the fees proposed in this rule because the appropriations in Pub. L. 117-103 will
be used to cover the FY 2022 expenses for the refugee program, while this rule is unlikely to be
effective until FY 2023. The approximately $87.6 million appropriated for application
processing that is available until the end of FY 2023 may be insufficient to fund backlog
reduction and refugee processing. For example, the President’s budget request for FY 2023
included $765 million for increasing asylum caseloads, backlog reduction, and refugee
processing.21 While USCIS is committed to seeking Congressional appropriations for refugee
processing costs in the future, USCIS cannot presume such appropriations, especially given the
lack of appropriations in the past. If this fee rule does not account for the possibility of no
18The last time USCIS received appropriations for the backlog was in FY 2008. See Consolidated Appropriations
Act, 2008, Pub. L. 110–161, Title IV (Dec. 26, 2007). USCIS received $20 million “to address backlogs of security
checks associated with pending applications and petitions.” More recently, Congress authorized USCIS to use
premium processing revenue to address the backlog. See Emergency Stopgap USCIS Stabilization Act, Pub. L. 116-
159, Div. D, Title IV (Oct. 1, 2020).
19See White House, “Memorandum for the Secretary of State on Presidential Determination on Refugee Admissions
for Fiscal Year 2022” (Oct. 8, 2021), https://www.whitehouse.gov/briefing-room/statements-
releases/2021/10/08/memorandum-for-the-secretary-of-state-on-presidential-determination-on-refugee-admissions-
for-fiscal-year-2022/.
20See White House, “Memorandum for the Secretary of State on the Emergency Presidential Determination on
Refugee Admissions for Fiscal Year 2021” (May 3, 2021), https://www.whitehouse.gov/briefing-room/presidential-
actions/2021/05/03/memorandum-for-the-secretary-of-state-on-the-emergency-presidential-determination-on-
refugee-admissions-for-fiscal-year-2021-2/; see also Trump White House, “Presidential Determination on Refugee
Admissions for Fiscal Year 2020” (Nov. 1, 2019), https://trumpwhitehouse.archives.gov/presidential-
actions/presidential-determination-refugee-admissions-fiscal-year-2020/.
21See White House, Budget of the United States, Fiscal Year 2023, p. 20, https://www.whitehouse.gov/wp-
content/uploads/2022/03/budget_fy2023.pdf (last visited April 20, 2022).
Congressional funding in future years and Congress fails to fund the program, either the program
cannot continue or USCIS will be forced to reallocate resources assigned to another part of the
agency for this purpose. However, if USCIS is certain to receive additional appropriations to
fund the FY 2023 refugee program at the time of the final rule, then USCIS may reduce the
estimated budget requirements funded by IEFA fees accordingly in the final rule.
The FY 2022 appropriation laws also require additional services and impose reporting,
processing, and monitoring requirements that will add costs for USCIS. See, e.g., Pub. L. 117-43
at secs. 2502–2503. The reporting requirements of Pub. L. 117-43 are quarterly and extend
through September 30, 2023, although the amounts appropriated are only available for fiscal year
2022. Id at secs. 2503(a) and 2506. DHS will fund these reporting costs with the appropriated
funds for FY 2022 and thus has excluded most of them from this rule. Id. at secs. 2502–2503.
Congress also added reporting requirements when it reauthorized and revised the Employment-
Based Immigrant Visa, Fifth Preference (EB-5) authority. See Pub. L. 117-103, div. BB and
section III.F of this preamble for more information. IEFA fees will fund operational expenses as
needed in FY 2022/2023, including the reporting requirements imposed by Pub. L. 117-43 and
Pub. L. 117-103 that are not funded by appropriated funds. DHS describes the FY 2022/2023 fee
review budget in section V.A. of this preamble.
C. Immigration Examinations Fee Account

USCIS manages three fee accounts:
 The IEFA (includes premium processing revenues),22
 The Fraud Prevention and Detection Account,23 and
 The H-1B Nonimmigrant Petitioner Account.24
22 INA sec. 286(m), (n), and (u); 8 U.S.C. 1356(m), (n), and (u).
23 INA secs. 214(c)(12) and (13), 286(v); 8 U.S.C. 1184(c)(12) and (13), 1356(v).
24 INA secs. 214(c)(9) and (11), 286(s); 8 U.S.C. 1184(c)(9) and (11), 1356(s).
In 1988, Congress established the IEFA in the Treasury of the United States. See Pub. L.
100-459, sec. 209, 102 Stat. 2186 (Oct. 1, 1988) (codified as amended at INA sec. 286(m) and
(n), 8 U.S.C. 1356(m) and (n)). Fees deposited into the IEFA fund the provision of immigration
adjudication and naturalization services. In subsequent legislation, Congress directed that the
IEFA fund the full costs of providing all such services, including services provided to
immigrants at no charge. See Pub. L. 101-515, sec. 210(d)(1) and (2), 104 Stat. 2101, 2121 (Nov.
5, 1990). Consequently, the immigration benefit fees were increased to recover these additional
costs. See 59 FR 30520 (June 14, 1994). The IEFA accounted for approximately 96 percent of
total funding for USCIS in FY 2021 and is the focus of this proposed rule. IEFA non-premium
funding represents 83 percent and IEFA premium funding represents 13 percent of USCIS FY
2021 total funding. The remaining USCIS funding comes from appropriations (approximately 3
percent) or other fee accounts (approximately 1 percent) in FY 2021. The Fraud Prevention and
Detection Account and H-1B Nonimmigrant Petitioner Account are both funded by fees for
which the dollar amount is set by statute.25 DHS has no authority to adjust the fees for these
accounts.
D. Full Cost Recovery

USCIS receives millions of requests each year for immigration benefits. These benefits
are funded by DHS, generally, by charging fees for USCIS services. In recent years, however,
and as fully explained in this rule preamble and its supporting documents, USCIS costs have
surpassed the fees it collects.
As stated earlier, DHS publishes this proposed rule under the Immigration and
Nationality Act (“INA”), which establishes the “Immigration Examinations Fee Account”
(“IEFA”) for the receipt of fees it charges. INA section 286(m), 8 U.S.C. 1356(m). The INA
allows DHS to set “fees for providing adjudication and naturalization services … at a level that
25See the supporting documentation included in the docket of this rulemaking. There is additional information on
these accounts in Appendix II – USCIS Funding and Account Structure.
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.” Id. The INA further
provides that “[s]uch fees may also be set at a level that will recover any additional costs
associated with the administration of the fees collected.” Id.
DHS proposes this rule to address the projected deficits and unsustainable fiscal situation
of USCIS that are explained in this proposal and in the supporting documentation in the docket.
See section IX.A of this preamble; see also IEFA Non-Premium Carryover Projections in the
supporting documentation included in the docket to this rulemaking. Carryover is unobligated or
unexpended fee revenue accumulated from previous fiscal years. Because USCIS is primarily
fee-funded, it must ensure that it maintains a carryover balance to continue operating, and INA
section 286(m), 8 U.S.C. 1356(m) authorizes DHS to set fees at a level to recover “the full costs”
of providing “all” “adjudication and naturalization services,” and “the administration of the fees
collected.” (emphasis added.) This necessarily includes support costs such as physical overhead,
information technology, management and oversight, human resources, national security vetting
and investigations,26 accounting and budgeting, and legal, for example. USCIS’ current budget
forecasts a deficit based on fully funding all of its operations, and DHS must make up that
difference either by cutting costs, curtailing operations, or increasing revenue. DHS has
examined USCIS recent budget history, service levels, and immigration trends to forecast its
costs, revenue, and operational metrics in order to determine whether USCIS fees would
generate sufficient revenue to fund anticipated operating costs. As explained in this rule and the
supporting documents, USCIS costs are projected to be considerably higher than projected fee
revenue should fees remain at their current levels. The primary cost driver responsible for this
26Congress recommended that DHS establish an organization “responsible for developing, implementing, directing,
and overseeing the joint USCIS-Immigration and Customs Enforcement (ICE) anti-fraud initiative and conducting
law enforcement/background checks on every applicant, beneficiary, and petitioner prior to granting immigration
benefits.” See, Conference Report to accompany H.R. 4567 [Report 108-774], “Making Appropriations for the
Department of Homeland Security for the Fiscal Year Ending September 30, 2005,” p. 74, available at
https://www.gpo.gov/fdsys/pkg/CRPT-108hrpt774/pdf/CRPT-108hrpt774.pdf.
increase is payroll, including the need to hire additional staff due to an increase in the volume of
applications that USCIS receives and the increase in time per adjudication for USCIS to process
many applications, petitions, and requests. See section V.B. for a discussion of USCIS workload
and the time to adjudicate applications, petitions, and requests. See also section IX.C for planned
increases in efficiency. USCIS has already curtailed its own costs and implemented cost-cutting
measures, and any further reductions would adversely affect the services USCIS provides to
applicants including adjudications time and processes. See section V.A.2. and section IX.B. of
this preamble.
Consistent with these authorities, sources, and needs, this proposed rule would ensure
that USCIS recovers its full operating costs and maintains an adequate level of service in two
ways:
First, where possible, the proposed rule would set fees at levels sufficient to cover the full
cost of the corresponding services associated with fairly and efficiently adjudicating immigration
benefit requests.
DHS generally follows OMB Circular A-25, which “establishes federal policy regarding
fees assessed for Government services and for sale or use of Government goods or resources.”
OMB Circular A-25, section 1, 58 FR 38144. A primary objective of OMB Circular A-25 is to
ensure that Federal agencies recover the full cost of providing specific services to users and
associated costs. See id., section 5. Full costs include, but are not limited to, an appropriate share
of:
 Direct and indirect personnel costs, including salaries and fringe benefits such as medical
insurance and retirement;
 Physical overhead, consulting, and other indirect costs, including material and supply
costs, utilities, insurance, travel, and rents or imputed rents on land, buildings, and
equipment;
 Management and supervisory costs; and
 Costs of enforcement, collection, research, establishment of standards, and regulation.
Id., section 6, 58 FR 38145. Second, this proposed rule would set fees at a level sufficient to
fund overall requirements and general operations related to USCIS IEFA programs. The current
and proposed IEFA fees fund programs that are not associated with specific statutory fees or
funded by annual appropriations. The proposed fees would also recover the difference between
the full cost of adjudicating benefit requests and the revenue generated when such requests are
fee exempt, in whole or in part, when the fees for such requests are set at a level below full cost
by statute or policy, and when fees are waived, consistent with past fee calculation methodology.
As noted, Congress provided that USCIS may set fees for providing adjudication and
naturalization services 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. See INA sec. 286(m), 8 U.S.C. 1356(m).27 DHS has long interpreted this
statutory fee-setting authority, including the authorization to collect “full costs” for providing
“adjudication and naturalization services,” as granting DHS broad discretion to include costs
other than OMB Circular A-25 generally provides. See OMB Circular A-25, section 6d(1); INA
sec. 286(m), 8 U.S.C. 1356(m). See, e.g., 66 FR 65811 at 65813 (Dec. 21, 2001) (responding to
commenters opposed to the use of IEFA fees to pay expenses for unrelated services by stating
that those costs must be recovered from the fees charged to other applicants for immigration and
naturalization benefits.). In short, DHS may charge fees at a level that will ensure recovery of all
27Congress has provided separate, but similar, authority for establishing USCIS genealogy program fees. See INA
sec. 286(t), 8 U.S.C. 1356(t). The statute requires that genealogy program fees be deposited into the IEFA and that
the fees for such research and information services may be set at a level that will ensure the recovery of the full costs
of providing all such services. Id. The methodology for calculating the genealogy program fees is discussed in a
separate section later in this preamble.
direct and indirect costs associated with providing immigration adjudication and naturalization
services.28
Consistent with the historical position and practice of DHS, this proposed rule would set
fees at a level that ensures recovery of the full operating costs of USCIS, the component within
DHS that provides almost all immigration adjudication and naturalization services. See
Homeland Security Act of 2002, Pub. L. 107-296, sec. 451, 116 Stat. 2142 (Nov. 26, 2002) (6
U.S.C. 271). Congress has historically relied on the IEFA to support the vast majority of USCIS
programs and operations conducted as part of adjudication and naturalization service delivery.
This conclusion is supported by Congress’ limited historical appropriations to USCIS. The
agency typically receives only a small annual appropriation for specific uses. USCIS must use
fee revenues, as a matter of both discretion and necessity, to fund all operations associated with
activities that USCIS is charged by law to administer that are not funded by other means.
Certain functions, including the Systematic Alien Verification for Entitlements (SAVE)
program29 and the Office of Citizenship,30 which USCIS has administered since DHS’s
inception, are integral parts of fulfilling USCIS’ statutory responsibility to provide immigration
adjudication and naturalization services. They are not associated with specific fees, but they may
be, and are, funded by the IEFA. Similarly, when a filing fee for an immigration benefit request,
such as Temporary Protected Status (TPS), is capped by statute and does not cover the cost of
28Congress has not defined either term with any degree of specificity for purposes of paragraphs (m) and (n). See,
e.g., Barahona v. Napolitano, No. 10-1574, 2011 WL 4840716, at **6-8 (S.D.N.Y. Oct. 11, 2011) (“While the term
‘full costs’ appears self-explanatory, section 286(m) contains both silence and ambiguity concerning the precise
scope that ‘full costs’ entails in this context.”).
29USCIS funds the SAVE program by user fees and IEFA funds, as Congress has not provided any direct
appropriated funds for the program since FY 2007. SAVE provides an “immigration adjudication … service” under
INA sec. 286(m) and (n) to Federal, state, and local agencies that require immigration adjudication information in
administering their benefits.
30The Homeland Security Act created the Office of Citizenship at the same time as several other mission-essential
USCIS offices, such as those for legal, budget, and policy. Like those offices, the Office of Citizenship has always
been considered an essential part of the “adjudication and naturalization services” USCIS provides under section
286(m) and (n) of the INA. As Congress recognized in creating the Office of Citizenship in section 451(f) of the
Homeland Security Act (6 U.S.C. 271(f)), providing information to potential applicants for naturalization regarding
the process of naturalization and related activities. is an integral part of providing “such services”
adjudicating these benefit requests, DHS may recover the difference with fees charged to other
immigration benefit requests. See INA sec. 244(c)(1)(B), 8 U.S.C. 1254a(c)(1)(B) (capping TPS
registration fee at $50); 8 CFR 103.7(b)(1)(i)(NN); proposed 8 CFR 106.2(a)(48)(i). Also, when
DHS exempts certain benefit requests from filing fees, such as applications or petitions from
qualifying victims who assist law enforcement in the investigation or prosecution of human
trafficking (T nonimmigrant status) or certain other crimes (U nonimmigrant status), USCIS
recovers the cost of providing those fee-exempt or no-fee services through fees charged to other
applicants and petitioners. See, e.g., 8 CFR 103.7(b)(1)(i)(UU) and (VV) (Oct. 1, 2020);
proposed 8 CFR 106.2(a)(59) and (60).
OMB guidance gives agencies discretion to interpret when additional statutory
requirements apply to user fees. See Circular A-25, section 4, 58 FR 38144. In that regard, in
INA sec. 286(m), 8 U.S.C. 1356(m), Congress imposed on DHS an additional obligation—to
recover the full cost of USCIS operations—over and above the advice in OMB Circular A-25
concerning the direct correlation or connection between costs and fees. Nevertheless, DHS
follows OMB Circular A-25 to the extent possible while complying with Congress’s directive,
including directing that fees should be set to recover the costs of an agency’s services in their
entirety and that full costs are determined based upon the best available records of the agency.
See OMB Circular A-25, section 6d(1). DHS applies the discretion provided in INA sec. 286(m),
8 U.S.C. 1356(m), to: (1) use activity-based costing (ABC) to establish a model for assigning
costs to specific benefit requests in a manner reasonably consistent with OMB Circular A-25; (2)
allocate costs for programs for which a fee is not charged or a law limits the fee amount, (3)
distribute costs that are not attributed to, or driven by, specific adjudication and naturalization
services; and (4) make additional adjustments to effectuate specific policy objectives.31
31DHS may reasonably adjust fees based on value judgments and public policy reasons consistent with its statutory
authority and where a rational basis for the methodology is propounded in the rulemaking. See FCC v. Fox
Television Stations, Inc., 556 U.S. 502, 515 (2009); Motor Vehicle Mfrs. Ass’n v. State Farm Mut. Auto. Ins. Co.,
463 U.S. 29 (1983).
The ABC model distributes indirect costs. Indirect costs are not specifically identifiable
with one output because they may contribute to several outputs. The ABC model uses a cause-
and-effect relationship to distribute most indirect costs. See the supporting documentation
included in this docket for information on direct and indirect costs. Costs that are not assigned to
specific fee-paying immigration benefit requests are reallocated to other fee-paying immigration
benefit requests outside the model in a spreadsheet. The fee schedule spreadsheet adjusts the
model results to effectuate a desired result such as a lower fee to encourage or not discourage the
filing of a specific benefit request. For example, the model determines the direct and indirect
costs for refugee workload. The costs associated with processing workload without fees or where
fees do not recover full cost must be reallocated outside the ABC model. USCIS reallocates these
costs to fee-paying immigration benefit requests, either among the same request, among all fee-
paying requests or among certain unrelated fee-paying requests. For example, the costs of Form
I-485 filings that are fee-waived are shifted to the Form I-485 filings that pay the fee. All
immigration benefit request fees that recover their full cost also recover the cost of workloads
without fees, such as refugee workload. In this proposal, USCIS is allocating more asylum costs
to Forms I-129 and I-140 than the forms would receive without additional intervention. The
supporting documentation in the docket contains an in-depth explanation of the ABC model and
DHS has included documentation for the fee schedule spreadsheet in the docket for public
review. USCIS acknowledges that its ABC model and fee schedule are complex, but both are
necessary to allocate the costs of an agency with the size and breadth of purpose as USCIS.
DHS invites the public to request a demonstration of how the fee calculations are affected by the
direct and indirect cost allocation, shifting costs from free immigration benefits to others, and
capping certain fees at decided-upon levels.

Typically, Congressional appropriations and two other small fee accounts represent
between 2-5 percent (combined) of USCIS’ annual budget.32 Each has statutory limits for both
amounts and uses. Appropriations are typically limited to use for E-Verify employment status
verification and the Citizenship and Integration grant program. Congress authorizes or requires
USCIS to carry out seemingly non-adjudicatory functions and approves the DHS budget,
knowing that USCIS must use IEFA funds to cover those expenses which Congress does not
otherwise fund through appropriations and statutory fees. Therefore, by approving the use of the
IEFA every year to fund seemingly non-adjudicatory functions, Congress acknowledges our
construction.
E. The Use of Premium Processing Funds under the Emergency Stopgap USCIS Stabilization
Act
On October 1, 2020, the Continuing Appropriations Act, 2021 and Other Extensions Act
(Continuing Appropriations Act) was signed into law. Pub. L. 116-159 (Oct. 1, 2020). The
Continuing Appropriations Act included the Emergency Stopgap USCIS Stabilization Act
(USCIS Stabilization Act), which allows USCIS to establish and collect additional premium
processing fees and to use premium processing funds for expanded purposes. See Pub. L. 116-
159, secs. 4101 and 4102, 134 Stat. 739 (Oct. 1, 2020); 8 U.S.C. 1356(u). That statute is
expected to result in continued increases to USCIS premium processing revenue. USCIS can
now use premium processing revenue, if necessary, to provide the infrastructure needed to carry
out a broader range of activities than previously authorized. Importantly for the purposes of this
proposed rule, the USCIS Stabilization Act permits USCIS to make infrastructure improvements
in adjudication processes and the provision of information and services to immigration and
naturalization benefit requestors. 8 U.S.C. 1356(u)(4). The USCIS Stabilization Act also
establishes higher fees for existing premium processing services and permits USCIS to expand
premium processing to certain additional benefits. 8 U.S.C 1356(u)(2) and (3). It also exempts
32 This does not include the appropriations received for FY 2022 as discussed in detail earlier in this preamble.
the agency from the requirements of the Administrative Procedure Act (5 U.S.C. 553) when
instituting section 4102(b)(1) of the USCIS Stabilization Act. In addition, it provides that the
required processing timeframe for the newly designated benefits will not commence until all
prerequisites for adjudication are received, which would include biometrics and background
check results. See section 4102(b)(2) of the USCIS Stabilization Act.
On March 30, 2022, DHS published a final rule, “Implementation of the Emergency
Stopgap USCIS Stabilization Act,” implementing part of the authority provided under the USCIS
Stabilization Act to offer premium processing for those benefit requests made eligible for
premium processing by section 4102(b) of that law. See 87 FR 18227 (premium processing rule).
The USCIS Stabilization Act requires that when DHS implements the expansion of immigration
benefit types that are designated for premium processing, it must 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.33 For this reason,
DHS did not make premium processing immediately available for all immigration benefit
requests newly designated in the premium processing rule. Id. Rather, premium processing will
be made available for a newly designated immigration benefit requests only when DHS
determines that it will have the resources in place to adjudicate the requests within the time
required, and that the availability of premium processing for that immigration benefit request
will not adversely affect other immigration benefit requests not designated for premium
processing or the regular processing of immigration benefit requests so designated.34
Nevertheless, while acknowledging its peripheral impacts as an overlapping or interrelated
rulemaking, DHS has determined that, at this time, premium processing revenue is not sufficient
to appreciably affect non-premium fees. Thus, this proposed rule does not include changes
directly resulting from the USCIS Stabilization Act or premium processing rule, except to
33 See Pub. L. 116-159, sec. 4102(c) (Oct. 1, 2020).

34 See Pub. L. 116-159, sec. 4102(c) (Oct. 1, 2020).
conform 8 CFR 106.4 to the USCIS Stabilization Act’s requirements. DHS recognizes, however,
that it will have more information about the revenue collected from premium processing services
by the time DHS publishes a final rule. If appropriate, DHS will consider including premium
processing revenue and costs in the final rule. USCIS’ forecasted demand for premium
processing, revenue projections, and spending plans for the premium processing rule are
discussed in greater detail in the premium processing rule. See 87 FR 18227 (Mar. 30, 2022).
While DHS estimates that the premium processing rule will increase USCIS annual revenues
over the next ten years, as stated previously, because of the resources required for expanding the
availability of premium processing to newly designated immigration benefit requests, full
implementation of expanded premium processing is estimated to be complete around FY 2025.
This timeline for full implementation will allow current premium processing revenue to fund
other authorized uses and strategic improvements until adequate revenues exist to cover the costs
of providing expedited processing of the new requests. USCIS plans to use premium processing
revenue to provide premium processing service, improve our information technology
infrastructure, and reduce backlogs. Accordingly, although the revenue from premium
processing is not considered in this proposed rule as previously indicated, the costs for USCIS to
provide premium processing service, improve our information technology infrastructure, and
reduce the backlog are also not considered in the proposed fees. Examples of premium
processing costs include:
 Realignment of $25.1 million for IRIS Directorate information technology (IT)
functions and support contracts in FY 2021.
 Office of Information Technology GE costs of $363.6 million and $497 million for
FY 2021 and FY 2022 respectively.
 $57.5 million in FY 2021 and $58.1 million in FY 2022 for Service Center
Operations general expenses.

Therefore, the projected revenue to be collected from future premium processing services
established by the premium processing rule is too attenuated to be considered in the current
biennial fee study and the ABC full cost recovery model used for this rule without placing
USCIS at risk of revenue shortfalls if that revenue did not materialize. DHS has historically
excluded premium processing revenue and costs from its IEFA fee reviews and rulemakings to
ensure that premium processing funds are available for infrastructure investments largely related
to information technology, are available to provide staff for backlog reduction, and to ensure that
non-premium fees were set at a level sufficient to cover the base operating costs of USCIS. As
noted above, if the revenue collected from premium processing services becomes more
significant and certain before DHS publishes a final rule, DHS will consider including premium
processing revenue and costs in the final rule. In the next USCIS biennial fee study, DHS will
take into consideration the future effects of the premium processing rule and the USCIS
Stabilization Act allowing for premium processing revenue to be used for more general uses than
what was previously authorized.
F. EB-5 Reform and Integrity Act of 2022

On March 15, 2022, the President signed the EB-5 Reform and Integrity Act of 2022,
Div. BB of the Consolidated Appropriations Act, 2022, Pub. L. 117-103. The EB-5 Reform and
Integrity Act of 2022 immediately repealed the Regional Center Pilot Program created by the
Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies
Appropriations Act 1993, Pub. L. 102-395, 106 Stat. 1828, sec. 610(b). The law also authorizes
a new EB-5 Regional Center Program, effective May 14, 2022, and is authorized through FY
2026 and makes various changes to the program. As discussed more fully in section VIII.O. of
this preamble, DHS proposes new fees for the forms used in the EB-5 program in this rule.
The EB-5 Reform and Integrity Act of 2022 requires DHS to conduct a fee study not later
than 1 year after the date of the enactment of this Act and, not later than 60 days after the
completion of the study, set fees for EB-5 program related immigration benefit requests at a level
sufficient to recover the costs of providing such services, and completing the adjudications
within certain time frames. See Pub. L. No. 117-103, sec. 106(b). Further, the law provides that
the fee adjustments that it requires are notwithstanding the requirements of INA section 286(m),
8 U.S.C. 1356(m), the authority under which we are publishing this rule. Id. The law also
provides that the fee study required by 106(a) does not preclude DHS from adjusting its fees in
the interim. Id. sec. 106(f). Therefore, DHS proposes new fees for the EB-5 program forms in
this rule using the full cost recovery model described herein that we have used to calculate those
fees since the program’s inception and not the fee study parameters and processing time frames
required by the EB-5 Reform and Integrity Act of 2022. USCIS will collect fees established
under INA section 286(m), 8 U.S.C.1356(m), for the EB-5 program, including as may be
effected by a final rule for this proposed rule, until the fees established under section 106(a) of
the EB-5 Reform and Integrity Act of 2022 take effect.
G. Fee Review History

1. Current state of USCIS fee schedule regulations
On August 3, 2020, DHS published the 2020 fee rule, with an effective date of October 2,
2020, to adjust the USCIS fee schedule and make changes to certain other immigration benefit
request requirements. On September 29, 2020, the United States District Court for the Northern
District of California granted a motion for a preliminary injunction of the 2020 fee rule in its
entirety and stayed the final rule’s effective date in ILRC. On October 8, 2020, the United States
District Court for the District of Columbia also granted a motion for a preliminary injunction and
stay of the effective date of the final rule in NWIRP. DHS subsequently issued a notification of
preliminary injunction on January 29, 2021, to inform the public of the two preliminary
injunctions. See 86 FR 7493. The Department continues to comply with the terms of those orders
and is not enforcing the regulatory changes set out in the 2020 fee rule. In addition to the
changes made in the 2020 fee rule, in 2019 DHS revised USCIS fee waiver policies and USCIS
Form 1-912, including by requiring fee waiver applicants to use the revised Form I-912,
requiring waiver applicants to submit tax transcripts to demonstrate income, and not accepting
evidence of receipt of a means-tested public benefit as evidence of inability to pay as described
(“the 2019 Fee Waiver Revisions”). See USCIS Policy Manual Volume 1: General Policies and
Procedures, Part B, Submission of Benefit Requests, Chapter 3, Fees and Chapter 4, Fee Waivers
which were issued on October 25, 2019 and took effect on December 2, 2019 City of Seattle v.
Dep’t of Homeland Sec., No. 3:19-CV-07151-MMC (N.D. Cal. Dec.; see also 84 FR 26137
(June 5, 2019) (30-day notice announcing changes to USCIS fee waiver polices and USCIS
Form I-912, submission to OMB, and requesting public comment). On December 11, 2019, the
United States District Court for the Northern District of California preliminarily enjoined the
2019 Fee Waiver Revisions in11, 2019) (“City of Seattle”). USCIS continues to accept the fees
that were in place before October 2, 2020, and follow the guidance in place before October 25,
2019, to adjudicate fee waiver requests.
DHS and the parties in ILRC, NWIRP, City of Seattle, and the related cases agreed to, and
the courts have approved, a stay of those cases while the agency undertook this fee review and
prepared this notice of proposed rulemaking.
While DHS is enjoined from implementing or enforcing the 2020 fee rule, the revisions
set out in that rule were codified. While 8 CFR part 106 and the other revisions set out in the
2020 fee rule are found in the CFR, DHS did not implement them and continues to charge the
fees and follow the fee waiver policies that were, for the most part, in 8 CFR 103.7 as it existed
before October 2, 2020. By this rulemaking, DHS will replace the enjoined regulations and
correct the currently incorrect USCIS fee regulations in the CFR.
Because the 2020 fee rule was codified, this rule proposes to amend the text of certain
changes made by the 2020 fee rule and codified in the CFR. However, because DHS did not
implement the 2020 fee rule, this preamble discusses substantive changes that refer to the
requirements of the regulations that existed before October 2, 2020. Likewise, the regulatory
impact analysis (RIA) for this proposed rule analyzes the impacts of the changes between the
pre-2020 fee rule regulations that DHS is following under the injunctions and those proposed in
this rule.
This rule proposes relatively minor wording changes to the changes codified by the 2020
fee rule, and, in most cases, DHS is only proposing a new fee amount. However, because DHS
could not implement the regulations codified on October 2, 2020, DHS does not believe that
describing only the amendments to those sections is adequate to provide the affected public with
what it needs to adequately review, understand, and comment on what is being proposed in this
rule. Therefore, DHS has published entire portions of the regulatory text being proposed in this
rule to provide a clear picture of what DHS is proposing, including sections that are codified in
the CFR but were not implemented by USCIS.
Many of the proposed provisions in this rule are verbatim or close to verbatim to what is
already codified, although enjoined. However, because those provisions are enjoined, DHS will
address them as if they are newly proposed and cite to, for example, “proposed 8 CFR 106.2.”
When this preamble discusses the no longer codified but still in effect provisions of title 8 of the
CFR, the standard of citing to the CFR print edition date35 may be inaccurate because title 8 was
amended by a number of rules during calendar year 2020. Therefore, when citing fee regulations
as they existed on October 1, 2020, the regulatory citation will be followed by that date. For
example, the citation for the Biometric Services fee that was removed by the 2020 fee rule but is
still in effect would be written, “See 8 CFR 103.7(b)(1)(i)(C) (Oct. 1, 2020).”36 When citing to a
provision that was codified by the 2020 fee rule that is not proposed in this rule, the regulatory
citation will be followed by the effective date of the 2020 fee rule. For example, the citation for
35The soft bound print edition of the CFR is revised on a quarterly basis. Titles 1 through 16 are revised as of
January 1 each year.
36Readers may find the OFR’s eCFR a useful tool to review historic regulatory text. For more information on
viewing historical versions of the eCFR, see https://www.ecfr.gov/reader-aids/using-ecfr/ecfr-changes-through-time.
the separate fees for different versions of Form I-129 is cited as “8 CFR 106.2(a)(3) (Oct. 2,
2020).”
As stated previously, this rule would replace the changes about which the plaintiffs in
ILRC, NWIRP, and City of Seattle brought suit. For clarity and to avoid unnecessary length in
this rule, DHS is not repeating the amendatory instructions and regulatory text for certain
changes that were made by the 2020 fee rule if the provision is ministerial, procedural, or
otherwise non-substantive, such as a regulation cross reference, form number or form name.
Specifically, DHS proposes to make no changes to the following provisions that were codified in
the 2020 fee rule:
1. Replace “§ 103.7(b)(1) of this chapter’’ with ‘‘8 CFR 103.7(d)(4)’’ in 8 CFR 217.2.
2. Replace “§ 103.7(b)(1) of this chapter’’ with ‘‘8 CFR 103.7(d)(4)’’ in 8 CFR 217.2.
3. Remove “8 CFR 103.7,” ‘‘8 CFR 103.7(b)’’ and “8 CFR 103.7(b)(1)” and ‘‘§ 103.7 of
this chapter’’ and replace it with ‘‘8 CFR 106.2’’ in 8 CFR 204.6, 204.310, 204.311, 204.313,
211.1, 211.2, 212.2, 212.3, 212.4, 212.7, 212.15, 212.18, 214.1, 214.3, 214.6, 214.11, 214.16.
216.4, 216.5, 216.6, 223.2, 236.14, 236.15, 245.7, 245.10, 245.15, 245.18, 245.21, 245.23,
245a.12, 245a.13, 245a.20, 245a.33, 248.3, 264.2, 264.5, 264.6, 286.9, 301.1, 319.11, 320.5,
322.3, 322.5, 324.2. 334.2, 341.1, 341.5, 343a.1, 343b.1, 392.4.
4. Replace all references to “Form I–129” and any supplements, and adding in its place
either “the form prescribed by USCIS,” “application or petition,” as appropriate in 8 CFR 214.1
and 214.2.
5. Replace “§ 103.7(b)(1) of this chapter” with “8 CFR 103.7(d)(4)” in 8 CFR 217.2.
6. In 8 CFR part 235, replace “§ 103.7(b)(1) of this chapter” and § “103.7(b)(1)” with “8
CFR 103.7(d)(3)” in 8 CFR 235.1, with “8 CFR 103.7(d)(7)” in 8 CFR 235.7, “8 CFR
103.7(d)(13)” in 8 CFR 235.12, and “8 CFR 103.7(d)(14)” in 8 CFR 235.13.
7. Remove the second sentence of § 245.21(b) and remove and reserve §§
245.15(c)(2)(iv)(B) and (h)(2), 245.23(e)(1)(iii), and 245.24(d)(3) and (i)(1)(iv).

8. Replace “Missouri Service Center” with “National Benefit Center” in 8 CFR 245a.18,
245a.19, and 245a.33.
2. Previous fee rules
The USCIS IEFA fee schedule that is in effect was published in the DHS FY 2016/2017
fee rule. See 81 FR 73292 (Oct. 24, 2016).37 That rule and associated fees became effective on
December 23, 2016. With that rule, DHS adjusted the USCIS immigration benefits fee schedule
for the first time in more than six years, increasing fees by a weighted average of 21 percent. The
fee schedule adjustment recovered all projected costs for FY 2016/2017, including the costs of
the Refugee, Asylum, and International Operations Directorate (RAIO), SAVE, and the Office of
Citizenship. See 81 FR 26911 and 73293.
The fee schedule had been adjusted previously as well, as follows:
 Before the creation of DHS, the Department of Justice (DOJ) Immigration and
Naturalization Service (INS)38 adjusted fees incrementally in 1994. See 59 FR 30520
(June 14, 1994).
 DOJ conducted a comprehensive fee review using ABC and adjusted most IEFA fees in
1998. See 63 FR 1775 (Jan. 12, 1998) (proposed rule); 63 FR 43604 (Aug. 14, 1998)
(final rule).
 DOJ implemented fees for Nicaraguan Adjustment and Central American Relief Act
(NACARA) between 1998 and 1999. See 63 FR 64895 (Nov. 24, 1998) (proposed rule);
64 FR 27856 (May 21, 1999) (final rule). DOJ adjusted fees for small volume workloads
in 2000. See 64 FR 26698 (May 17, 1999) (proposed rule); 64 FR 69883 (Dec. 15, 1999)
37 The phrase “FY 2016/2017 fee rule,” as used in this proposed rule, encompasses the fee review, proposed rule,
final rule, and all supporting documentation associated with the regulations effective as of December 23, 2016.
38The Homeland Security Act of 2002 abolished the INS and transferred the INS’s immigration administration and
enforcement responsibilities from DOJ to DHS. The INS’s immigration and citizenship services functions were
specifically transferred to the Bureau of Citizenship and Immigration Services, later renamed U.S. Citizenship and
Immigration Services. See Pub. L. 107-296, sec. 451 (6 U.S.C. 271).
(final rule). DOJ implemented premium processing in 2001. See 66 FR 29682 (June 1,
2001). DOJ adjusted fees for inflation in 2002. See 66 FR 65811 (Dec. 21, 2001).
 Following the creation of DHS in 2002, the agency adjusted fees in 2004 and 2005. See
69 FR 20528 (Apr. 15, 2004); 70 FR 50954 (Aug. 29, 2005) (increasing the fee for Form
I-290B from $110 to $385); 70 FR 56182 (Sept. 26, 2005).
 After those incremental changes, DHS published a comprehensive FY 2008/2009 fee rule
in 2007. See 72 FR 29851 (May 30, 2007).
 DHS further amended USCIS fees in the FY 2010/2011 fee rule. See 75 FR 58962 (Sept.
24, 2010). This rule removed the costs of RAIO, SAVE, and the Office of Citizenship
from the fee schedule, in anticipation of appropriations from Congress that DHS
requested. See 75 FR 58961, 58966. These resources did not fully materialize, requiring
USCIS to use other fee revenue to support these programs in the time between the FY
2010/2011 fee rule and the FY 2016/2017 fee rule. See 81 FR 26910-26912.
The supporting documentation accompanying this proposed rule in the rulemaking docket
at https://www.regulations.gov contains a historical fee schedule that shows the immigration
benefit fee history since October 2005.39
3. Current fees
Table 2 summarizes the IEFA and biometric services fee schedule that took effect on
December 23, 2016. DHS is proposing to change the current fee schedule as a result of the FY
2022/2023 fee review. The table excludes statutory fees that DHS cannot adjust or can only
adjust for inflation.
Table 2: Current Non-Statutory IEFA Immigration Benefit Request Fees

Form No.40 Title Fee
39For IEFA fee history before 2005, see USCIS, “FY 2016/2017 Immigration Examinations Fee Account Fee
Review Supporting Documentation with Addendum” (Oct 25, 2016), https://www.regulations.gov/document/USCIS-
2016-0001-0466. Appendix VIII - IEFA Fee History, page 56, provides fees from FY 1985 to Nov. 2010.
40Form, when used in connection with a benefit or other request to be filed with DHS to request an immigration
benefit, means a device for the collection of information in a standard format that may be submitted in a paper
format or an electronic format as prescribed by USCIS on its official website. The term “Form” followed by an
immigration form number includes an approved electronic equivalent of such form as made available by USCIS on
G-1041 Genealogy Index Search Request $65
G-1041A Genealogy Records Request $65
I-90 Application to Replace Permanent Resident Card $455
Application for Replacement/Initial Nonimmigrant
I-102 $445
Arrival-Departure Document
I-129/
Petition for a Nonimmigrant Worker $460
129CW
I-129F Petition for Alien Fiancé(e) $535
I-130 Petition for Alien Relative $535
I-131 41 Application for Travel Document $575
I-131A Application for Carrier Documentation $575
I-140 Immigrant Petition for Alien Worker $700
Application for Relief Under Former Section 212(c) of
I-191 $930
the Immigration and Nationality Act (INA)42
Application for Advance Permission to Enter as
I-192 $930/58543
Nonimmigrant
I-193 Application for Waiver of Passport and/or Visa $585
Application for Permission to Reapply for Admission
I-212 $930
into the U.S. After Deportation or Removal
I-290B Notice of Appeal or Motion $675
I-360 Petition for Amerasian, Widow(er), or Special Immigrant $435
Application to Register Permanent Residence or Adjust
I-485 $1,140
Status
Application to Register Permanent Residence or Adjust
I-485 $750
Status (certain applicants under the age of 14 years)44
I-526 Immigrant Petition by Standalone Investor $3,675
I-526E Immigrant Petition by Regional Center Investor $3,675
I-539 Application to Extend/Change Nonimmigrant Status $370
I-600 Petition to Classify Orphan as an Immediate Relative $775
its official website. See 8 CFR 1.2 and 299.1. The word “form” is used in this proposed rule in both the specific and
general sense.
41 As described in this notice of proposed rulemaking (NPRM), the United States’ obligations under the 1967
Protocol relating to the Status of Refugees (incorporating Article 28 of the 1951 Convention relating to the Status of
Refugees) guide the Application for Travel Document fees for a Refugee Travel Document. The USCIS ABC model
does not set these fees. See 8 CFR 103.7(b)(1)(i)(M)(1) and (2) (Oct. 1, 2020); proposed 8 CFR 106.2(a)(7)(i) and
(ii).
42Form I-191 was previously titled Application for Advance Permission to Return to Unrelinquished Domicile. See
8 CFR 103.7(b)(1)(i)(O) (Oct. 1, 2020).
43The Form I-192 fee remained $585 when filed with and processed by U.S. Customs and Border Protection (CBP).
See 8 CFR 103.7(b)(1)(i)(P) (Oct. 1, 2020).
44This reduced fee is applied to “an applicant under the age of 14 years when [the application] is: (i) Submitted
concurrently with the Form I-485 of a parent; (ii) The applicant is seeking to adjust status as a derivative of his or
her parent; and (iii) The child’s application is based on a relationship to the same individual who is the basis for the
child’s parent’s adjustment of status, or under the same legal authority as the parent.” 8 CFR 103.7(b)(1)(i)(U)(2)
(Oct. 1, 2020).
Application for Advance Processing of an Orphan
I-600A $775
Petition
I-601 Application for Waiver of Grounds of Inadmissibility $930
I-601A Application for Provisional Unlawful Presence Waiver $630
Application for Waiver of the Foreign Residence
I-612 Requirement (Under Section 212(e) of the INA, as $930
Amended)
Application for Status as a Temporary Resident under
I-687 $1,130
Section 245A of the Immigration and Nationality Act
I-690 Application for Waiver of Grounds of Inadmissibility $715
I-694 Notice of Appeal of Decision under Section 210 or 245A $890
Application to Adjust Status from Temporary to
I-698 $1,670
Permanent Resident (Under Section 245A of the INA)
I-751 Petition to Remove the Conditions on Residence $595
I-765 Application for Employment Authorization $410
Petition to Classify Convention Adoptee as an Immediate
I-800 $775
Relative
Application for Determination of Suitability to Adopt a
I-800A $775
Child from a Convention Country
I-800A
Request for Action on Approved Form I-800A $385
Supp. 3
I-817 Application for Family Unity Benefits $600
Application for Action on an Approved Application or
I-824 $465
Petition
Petition by Investor to Remove Conditions on Permanent
I-829 $3,750
Resident Status
Application for Suspension of Deportation or Special
I-881 $285/570
Rule Cancellation of Removal45
Application for Authorization to Issue Certification for
I-905 $230
Health Care Workers46
I-910 Application for Civil Surgeon Designation $785
Petition for Qualifying Family Member of a U-1
I-929 $230
Nonimmigrant
I-941 Application for Entrepreneur Parole47 $1,200
45Currently there are two USCIS fees for Form I-881: $285 for individuals and $570 for families. See 8 CFR
103.7(b)(1)(i)(QQ)(1) (Oct. 1, 2020). DOJ’s Executive Office for Immigration Review (EOIR) has a separate $165
fee, which applies when one or more applicants file with the immigration court.
46USCIS excluded Form I-905, Application to Issue Certification for Health Care Workers, from the FY 2022/2023
fee review. As such, it will not appear in any tables in this NPRM that display results of the FY 2022/2023 fee
review. USCIS does not have a FY 2022/2023 forecast for Form I-905 because it has a five-year renewal cycle and
only four applicants file it. USCIS adjudicates it manually, meaning it does not track the filings in any case
management system. Future fee reviews may evaluate this fee if more information is available.
47 USCIS excluded Form I-941, Application for Entrepreneur Parole, from the FY 2022/2023 fee review. As such, it
will not appear in tables for workload, in tables for fee-paying volume, or elsewhere in this NPRM. DHS published
a separate NPRM that proposed to terminate the program. See 83 FR 24415 (May 29, 2018). However, DHS
withdrew that NPRM. See 86 FR 25809 (May 11, 2021). As of Sep. 30, 2021, there are 24 FY 2021 receipts and
only 54 receipts since the beginning of the program. DHS does not believe it has sufficient information to review
Application for Regional Center Designation (formerly
I-956 Form I-924, Application For Regional Center $17,795
Designation Under the Immigrant Investor Program)
Regional Center Annual Statement (formerly Form I-
I-956G $3,035
924A, Annual Certification of Regional Center)
N-300 Application to File Declaration of Intention $270
Request for a Hearing on a Decision in Naturalization
N-336 $700
Proceedings
N-400 Application for Naturalization $640
N-400 Application for Naturalization (Reduced Fee) $320
Application to Preserve Residence for Naturalization
N-470 $355
Purposes
Application for Replacement Naturalization/Citizenship
N-565 $555
Document
N-600 Application for Certification of Citizenship $1,170
Application for Citizenship and Issuance of Certificate
N-600K $1,170
Under Section 322
Other USCIS Immigrant Fee $220
Other Biometric Services Fee $85
Other H-1B Electronic Registration Fee (per beneficiary) $10
IV. Fee-Setting Approach – Reversal of 2020 Fee Rule
In the 2020 fee rule NPRM, DHS explained that it was shifting its fees away from an
ability-to-pay model to a beneficiary-pays model. See 84 FR 62298 (Nov. 14, 2019); see also 85
FR 46795 (Aug. 3, 2020) (final rule stating that DHS had proposed shifting to a beneficiary-pays
model). As described by the U.S. Government Accountability Office (GAO), under the
beneficiary-pays principle, the beneficiaries of a service pay for the cost of providing that
service.48 Under the ability-to-pay principle, those who are more capable of bearing the burden
of fees pay more for the service than those with less ability to pay. Id. Before the 2020 fee rule,
DHS engaged in a balance of these two fee-setting principles when setting USCIS fees.
Generally, DHS has given more weight to the ability-to-pay than the beneficiary-pays principle
this fee at this time. DHS does not propose any changes to this fee but may evaluate the fee in future fee reviews
when more information is available.
48 See GAO, “Federal User Fees: A Design Guide” (May 29, 2008), https://www.gao.gov/products/GAO-08-386SP,
at 7-12.
when setting USCIS fees, and has made affordability a central consideration.49 At the same time,
DHS has not wholly rejected the beneficiary-pays principle, including when the agency made
clear that it would not authorize fee waivers where such a waiver is inconsistent with the benefit
requested, which may require establishing financial stability. See 75 FR 58974 (Sept. 24, 2010).
In addition, in past fee rules, DHS has declined to expand USCIS fee waivers to benefits for
which the eligibility requires financial stability because that would contradict the rationale for
shifting costs related to those applications to others through fee waivers. See 72 FR 29863 (May
30, 2007). DHS has also previously declined suggestions that it reduce the burden on low-
income requestors by setting USCIS fees based on income using a tiered fee system, because the
benefits from such a scenario would not justify the administrative costs added by requiring
officers to adjudicate the documentation of the applicant’s income and eligibility for the
requested fee level before processing the request. Id. In the 2020 fee rule, DHS was concerned
that the level of USCIS annual forgone revenue from fee waivers and exemptions had increased
markedly from $191 million in the FY 2010/2011 fee review to $613 million in the FY
2016/2017 fee review. See 85 FR 46807 (Aug. 3, 2020) (citing 81 FR 26922 and 73307). DHS
estimated in the 2020 fee rule supporting documentation that, without changes to fee waiver
policy, it would forgo revenue of almost $1.5 billion and believed that the fees necessary to
recoup that foregone revenue50 were too high to support the continuation of the existing fee
waiver policy.51 DHS notes, however, that in the 2020 fee rule, the agency did not abandon the
ability-to-pay principle altogether, and still provided for fee exemptions and statutorily mandated
fee waivers in certain circumstances.
49See 81 FR 26934 (May 4, 2016) (stating, “The lower fee would help ensure that those who have worked hard to
become eligible for naturalization are not limited by their economic means.”).
50In this context, “foregone revenue” refers to the dollar value associated with an approved fee waiver or fee-
exempt forms and benefits.
51See, e.g., 85 FR 46799 (Aug. 3, 2020) (stating that the fee for Form N-400 would represent the estimated full cost
to USCIS and be determined in the same manner as most other USCIS fees).
In this new fee rule, DHS proposes to return the focus of its fee-setting away from
emphasizing the beneficiary-pays principle towards the historical balance between the
beneficiary-pays and ability-to-pay principles. DHS proposes this for several reasons.
First, DHS has been directed by the President to reduce barriers and promote accessibility
to the immigration benefits that it administers. See Executive Order 14012, 86 FR 8277 (Feb. 2,
2021) (E.O. 14012). As the President noted in section 1 of the Executive order, new Americans
and their children fuel our economy; contribute to our arts, culture, and government; and have
helped the United States lead the world in science, technology, and innovation. DHS agrees with
the President’s goals of E.O. 14012, and that our laws and policies must encourage full
participation by immigrants, including refugees, in our civic life, and that immigration benefits
must be delivered effectively and efficiently. More specifically, sections 3(a)(i) and 5(a)(iii) of
E.O. 14012, respectively, instruct the Secretary of Homeland Security to identify barriers that
impede access to immigration benefits and make the naturalization process more accessible to all
eligible individuals, including through a potential reduction of the naturalization fee and
restoration of the fee waiver process. Id. USCIS has already taken crucial steps towards ensuring
fair access and removing unnecessary barriers and bureaucracy. See, e.g., Preserving Continuous
Residence and Physical Presence for Purposes of Naturalization while Engaged in Religious
Duties Outside the United States (May 25, 2021);52 Naturalization Eligibility and Voter
Registration Through a State’s Benefit Application Process (May 27, 2021);53 Veterans Residing
Outside the United States and Naturalization (May 28, 2021);54 Assisted Reproductive
52U.S. Citizenship and Immigr. Servs., U.S. Dep’t of Homeland Security, Preserving Residence,
https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20210525-PreservingResidence.pdf (last
updated May 25, 2021).
53U.S. Citizenship and Immigr. Servs., U.S. Dep’t of Homeland Security, Naturalization Eligibility and Voter
Registration Through a State’s Benefit Application Process,
https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20210527-VoterRegistration.pdf (last
updated May 27, 2021).
54U.S. Citizenship and Immigr. Servs., U.S. Dep’t of Homeland Security, Veterans Residing Outside the United
States and Naturalization, https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20210528-
MilitaryVeterans.pdf (last updated May 28, 2021).
Technology and In-Wedlock Determinations for Immigration and Citizenship Purposes (August
5, 2021);55 Clarifying Guidance on Military Service Members and Naturalization (November 12,
2021);56 Demonstrating Eligibility for Modification under Section 337 (November 19, 2021).57
As part of implementing Executive Order 14012, USCIS published a Request for Public
Input58 (RPI) on reducing barriers and burdens across USCIS benefits and services as part of
implementing Executive Order 14012. It received nearly 7,400 public comments as a result.
USCIS analyzed these comments and incorporates actionable suggestions into this proposed rule
including expanding fee exemptions, clarifying the financial hardship criteria for fee waivers,
and maintaining the reduced fee for naturalization.
Second, DHS has read and considered the many comments that we received on the 2020
fee rule that stated that the increased fees and restrictions on fee waivers in that rule would result
in many fewer residents accessing a desired immigration status for which they are eligible,
simply because they cannot afford to apply. Others wrote that the proposed naturalization fee
increase would make naturalization unaffordable. Thus, many public comments on the 2020 fee
rule indicated a preference for DHS placing greater emphasis on the ability-to-pay principle in
setting its fees. As a result of these comments, and to encourage full economic and civic
participation by immigrants, DHS has also analyzed the effects of this rule in light of its impacts
on low-income populations and organizations that assist them in section IX.A, Impact of Fees.
55U.S. Citizenship and Immigr. Servs., U.S. Dep’t of Homeland Security, Assisted Reproductive Technology and
In-Wedlock Determinations for Immigration and Citizenship Purposes,
https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20210805-
AssistedReproductiveTechnology.pdf (last updated Aug 5, 2021).
U.S. Citizenship and Immigr. Servs., U.S. Dep’t of Homeland Security, Clarifying Guidance on Military Service
56
Members and Naturalization, https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20211112-

MilitaryNaturalization.pdf (last updated Nov 12, 2021).
57This guidance allows children born to married legal parents, one of whom has a genetic or gestational link to the
child, to acquire citizenship because these children are now considered born in wedlock. Immigration and
Nationality Act. U.S. Citizenship and Immigr. Servs., U.S. Dep’t of Homeland Security, Demonstrating Eligibility
for Modification under Section 337 of the Immigration and Nationality Act,
https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20211119-
ModificationUnderINA337.pdf (last updated Nov 19, 2021).
58 See 86 FR 20398 (Apr. 19, 2021).
As stated earlier, DHS is operating under two injunctions that preclude it from
implementing or following the changes made by the 2020 fee rule, as well as an injunction that
precludes it from implementing the 2019 Fee Waiver Revisions. Thus, DHS must consider the
concerns expressed and the courts’ findings in those cases. For example, in ILRC, the order
granting the injunction found that DHS failed to analyze the effect of that rule’s fees on the
demand for immigration benefit requests. The order also found that the rule’s deviations from the
beneficiary-pays principle conflict with the comments presented on the effects of these changes
on low-income and vulnerable immigrant populations. See ILRC at 27. Similarly, the court in
NWIRP agreed with the plaintiffs that the fees and fee waiver regulations in the 2020 fee rule
could cause harm to low-income immigrants. See NWIRP at 72.
DHS proposes to set USCIS fees at the level required to recover the full cost of providing
immigration adjudication and naturalization services, as permitted or required by law, while
providing certain fee exemptions and waivers for low-income immigrants. As USCIS estimates
that the current fee structure will not generate sufficient revenue to cover the projected costs of
providing immigration adjudication and naturalization services under the ABC methodology, the
fees for many immigration benefit requests will by necessity increase. Nevertheless, where DHS
has determined that this rule’s approach would inequitably impact the ability of those who may
be less able to afford the proposed fees to seek an immigration benefit for which they may be
eligible, DHS proposes either to maintain the pre-2020 fee rule regulations, fee waivers, and
reduced fees that USCIS is following, or to add new fee exemptions to address accessibility and
affordability. For example, as detailed more fully later in this preamble, DHS proposes to
maintain the fee waiver regulations and eligibility guidance that took effect in 2010. Consistent
with previous fee rules, DHS also proposes to limit the fees for certain benefit requests in
recognition that fees set at the ABC model output for these forms would be overly burdensome.
For example, as detailed later in this preamble, both considering the affordability of
naturalization, and to promote naturalization for the benefits it provides to the country, DHS
proposes to set the fee for Form N-400 at a level below what is required to recover the estimated
full cost of providing naturalization services. In addition, DHS proposes to expand fee
exemptions for certain vulnerable populations, as described later in this preamble.59
DHS acknowledges that the ability-to-pay principle necessarily requires the shifting of
costs. If some customers are exempt from paying fees or have their fees waived, total fee
collections cannot cover the total program costs unless other users pay higher fees to cover the
costs associated with processing the benefit requests of non-paying users. USCIS follows the
principles in OMB Circular A-25 and uses an ABC model to align its fees closely with the
estimated cost for the relevant service. When DHS deviates from the ABC model to limit, waive,
or exempt certain customers from fees because they are overly burdensome, or to advance a
public policy priority, this results in the fees for particular services being set at a level that is
higher than the estimated cost of providing those services to fee-paying users. That means that
DHS examined each fee in this proposed rule, and the fees proposed represent the Department’s
best effort to balance of access, affordability, equity, and benefits to the national interest while
providing USCIS with the funding necessary to maintain adequate services.
V. FY 2022/2023 Immigration Examinations Fee Account Review
A. USCIS Projected Costs and Revenue

The primary objective of the fee review is to determine whether current immigration and
naturalization benefit fees will generate sufficient revenue to fund anticipated operating costs
associated with administering USCIS’ role in the Nation’s legal immigration system. USCIS
examines its recent budget history, service levels, and immigration and naturalization trends to
forecast costs, revenue, and operational metrics. These data help USCIS identify the difference
between anticipated costs and revenue as well as calculate proposed fees. DHS provides a brief
summary of how the USCIS budget has evolved from the projections included in the FY
59 See section VII, Fee Exemptions.

2016/2017 fee rule for context before discussing the elements of the FY 2022/2023 fee review.
The FY 2022/2023 fee review encompasses three core elements:
 Cost projections;
 Revenue projections; and
 Cost and revenue differential (the difference between cost and revenue projections).
1. USCIS Budget History
USCIS’ costs have grown beyond the levels projected in the FY 2016/2017 fee rule,
which went into effect on December 23, 2016. This cost growth reflects increased USCIS
workloads and staffing requirements during that time. The FY 2016/2017 fee rule estimated that
an average annual IEFA non-premium cost projection of $3,037.8 million was required to meet
USCIS’ operational requirements.
Spending grew by $1 billion or 28 percent between FY 2016 and FY 2019, while revenue
only grew by $406 million or 12 percent during the same period. Spending was driven by $943
million of one-time and recurring enhancements provided over the same time period due to a
leadership directive to reduce carryover to around $800 million. The majority of this increased
spending was attributed to an additional 3,800 positions that were added between FY 2017 and
FY 2019.60 No enhancements were added in FY 2020 due to budget reductions. Increased
spending in enhancements in FY 2019 were approved based on the assumption that the FY
2019/2020 fee rule would be implemented in the summer of FY 2019, however subsequent to
those decisions the FY 2019/2020 fee rule was delayed until the end of FY 2020.
Despite the spending increases between FY 2016 and FY 2019, USCIS did not always
spend as much as the plan called for, and carryover remained in a relatively strong position
(about $1.2 billion) at the end of both FY 2017 and FY 2018. By the end of FY 2019, however,
carryover had decreased to about $850 million. In first half of FY 2020, before the onset of the
60 See the supporting documentation in the docket for this rule for more information. Appendix Table 9 on page 49
shows on-board staffing by office and fiscal year. Please note that on-board staffing is a subset of authorized
staffing.
COVID-19 pandemic, the agency had substantially increased its first and second quarter
spending, due to the timing of contracts and on-board levels; this drew carryover down to about
$600 million at the end of February, with less than $200 million in non-premium carryover,
which funded 80 percent of USCIS operations. Although USCIS had surplus premium funding of
about $400 million, those funds were fenced due to statutory restrictions and could not be used to
offset the deficit.
In the Spring of 2020, in the wake of the COVID-19 pandemic, USCIS revenue dropped
by 40 percent in April and an additional 25 percent in May from the forecasted collections. That
created a possibility that USCIS might violate statutory anti-deficiency requirements and led to
dramatic cuts in spending through the last half of FY 2020, a hiring freeze, and planned
furloughs if revenue did not increase.
Towards the end of June and July of 2020, revenue began to return to normal levels, and
in conjunction with major budget cuts, allowed USCIS to avoid the furloughs. In FY 2021,
USCIS instituted 32 percent cuts to non-payroll expenses, continued the hiring freeze through
April 2021, and did not fund enhancements. While USCIS carryover has stabilized and is
projected to be over $600 million from non-premium fees at the end of FY 2022, USCIS is still
living with effects of those 32 percent budget cuts. USCIS has a minimum carryover threshold of
$1,063.8 million in the non-premium IEFA.61
The FY 2021 non-premium IEFA cost projections, which USCIS uses as the base for its
FY 2022/2023 fee review cost projections, totals $3,776.3 million.62 As discussed later in greater
See the IEFA Non-Premium Carryover Projections section of the supporting documentation for how and why
61
USCIS requires a minimum carryover balance.

62The USCIS FY 2021 Annual Operating Plan amount of $3,776 million was reported in the FY 2022
Congressional Budget Justification and USCIS used this amount for cost projections to develop the proposed new
fee structure. In March 2021, the USCIS FY 2023 Congressional Budget Justification reported a different total FY
2021 Annual Operating Plan of $3,524 million. This fee review uses the earlier FY 2021 operating plan amount,
which was a reasonable assumption at the time.
detail, the FY 2022/2023 fee review projects costs of $5,150.7 million for USCIS to fulfill its
IEFA non-premium operational needs on an average annual basis.
Table 3: FY 2016/2017 Fee Rule Cost Projections vs. FY 2021 Operating

Plan (Dollars in Thousands)
FY 2016/2017 FY 2021
Type Difference Change
Average Operating Plan
Payroll $1,631,320 $2,309,288 $677,967 41.6%
Non-
Payroll $1,406,466 $1,467,050 $60,584 4.3%
Total $3,037,786 $3,776,338 $738,552 24.3%
The combined average non-payroll or general expenses (GE)63 budget for the FY
2016/2017 fee review of $1,406.5 million increased by only 4.3 percent to $1,467.0 million in
the FY 2021 Operating Plan (OP), which is a detailed spend plan for the agency that is finalized
in the summer before the start of the fiscal year. Typically, the operating plan is executed closely
to the original plan and is indicative of the resources needed for each of the Directorates and
Program Offices to execute throughout the year. Excluding increased contingency funding, the
GE budget actually decreased from $1,406.5 million in the FY 2016/2017 fee review to $1,258.0
million in the FY 2021 OP, a decrease of $148.5 million or 10.6 percent. As evidenced by the
financial strains placed on USCIS by the COVID-19 pandemic, however, USCIS must maintain
additional contingency funding to deal with emergent operational needs and provide funding in
the event of unforeseen financial shortfalls and seasonal fluctuations in filing volumes and
revenues.64 Additionally, GAO acknowledges that fee funded agencies may need to designate
funds as operating reserves to weather periods when revenue collections are lower than costs.65
Therefore, USCIS decided to increase its contingency cost projection in the FY 2021 OP and
63 General expenses (GE) refers to non-pay expenses, such as office equipment, technology, training, and travel.
64See USCIS, “Deputy Director for Policy Statement on USCIS’ Fiscal Outlook” (June 25, 2020),
https://www.uscis.gov/news/news-releases/deputy-director-for-policy-statement-on-uscis-fiscal-outlook. See also
USCIS, “USCIS Averts Furlough of Nearly 70% of Workforce (Aug. 25, 2020), https://www.uscis.gov/news/news-
releases/uscis-averts-furlough-of-nearly-70-of-workforce.
See U.S. Government Accountability Office, Federal User Fees: Fee Design Options and Implications for
65
Managing Revenue Instability (Sept. 30, 2013), https://www.gao.gov/assets/gao-13-820.pdf.

maintain the same level in the fee review cost budget in case of continued negative effects from
the pandemic. USCIS may use contingency funding to cover emergent costs from policy
decisions, renegotiation of contracts, or new leases that were not included initially in the OP or in
the projected biennial period’s cost budget.
The limited growth in USCIS’ GE budget is the result of actions taken by USCIS to
constrain cost growth. In response to reduction in applicant volume and associated revenues
during the COVID-19 pandemic, USCIS implemented significant GE cost-saving measures in
FY 2020 and FY 2021. These cuts enabled USCIS to redirect resources to fund payroll and
ensure that USCIS did not have to furlough any employees. These cuts included GE reductions
of up to 32 percent across all USCIS offices, including a pause on new GE expenditure, reduced
travel, implementing shorter periods of performance for contracts, and a freeze on implementing
new contracts. Notable examples of GE budget decreases from FY 2016/2017 to FY 2021
include:
 $103.7 million (32 percent) decrease in IT equipment, software, and related
contractor support;
 $36.8 million (52.2 percent) decrease in the USCIS Office of Citizenship and
Applicant Information Services’ (CAIS) GE budget, which included a reduction to
the call center support contract and removal of Office of Citizenship grants that were
included in the FY 2016/2017 fee rule budget;
 $27.3 million (59.9 percent) decrease in travel and training across all USCIS offices;
and
 $52.4 million (83 percent) decrease in Service Center Operations (SCOPS) contractor
support.
While USCIS will need to reverse some of the GE spending cuts it has made to ensure
the continuation of its operations, USCIS projects that some of these cuts will be permanent, in
an effort to limit cost growth and the increase in fees. Further details of restored GE budget cuts
in the FY 2022/2023 fee review cost projections are found in section V.A.2.a of this preamble.
In contrast to the limited growth in non-payroll expenses relative to the FY 2016/2017 fee
review budget, USCIS’ payroll costs have increased substantially due to an increase in staffing.
The combined average IEFA non-premium payroll budget for the FY 2016/2017 fee review of
$1,631.3 million increased by 41.6 percent to $2,309.3 million in the FY 2021 OP. USCIS
experienced a significant increase in application volume during the FY 2016/2017 to FY 2021
period and adjusted its staffing requirements accordingly. The FY 2016/2017 fee review
accounted for 14,543 fully funded positions, while as of pay period 6 of FY 2021 (March 27,
2021) USCIS had 18,840 positions authorized to be funded with IEFA non-premium funds (an
increase of 29.5 percent). This greater number of positions reflects increased operational
demands on USCIS, including growth in workload volumes, growth in the time required per case
which is in part driven by a combination of changing adjudication policy and length of the forms,
and expanded responsibilities for other offices, such as Fraud Detection and National Security
(FDNS), including social media vetting.66 Payroll budget increases from FY 2016/2017 to FY
2021 include:
66In 2004, USCIS established the Fraud Detection and National Security Directorate (FDNS) in response to a
Congressional recommendation to establish an organization “responsible for developing, implementing, directing,
and overseeing the joint USCIS-Immigration and Customs Enforcement (ICE) anti-fraud initiative and conducting
law enforcement/background checks on every applicant, beneficiary, and petitioner prior to granting immigration
benefits.” See, Conference Report to accompany H.R. 4567 [Report 108-774], “Making Appropriations for the
Department of Homeland Security for the Fiscal Year Ending September 30, 2005,” p. 74, available at
https://www.gpo.gov/fdsys/pkg/CRPT-108hrpt774/pdf/CRPT-108hrpt774.pdf. The Fraud Prevention and Detection
Account and the H–1B Nonimmigrant Petitioner Account are funded by statutorily set fees, and divided among
USCIS (for fraud detection and prevention), the National Science Foundation, and the U.S. Department of Labor.
See 8 U.S.C. 1356(v)(2)(B). FDNS is funded out of both the IEFA and the fraud detection and prevention account
because the fees fixed by the statute are insufficient to cover the full costs of FDNS. The Fraud fee account revenue
collections are divided in three thirds, one for the Department of State, one for the Department of Labor, and one for
USCIS. https://www.gpo.gov/fdsys/pkg/CRPT-108hrpt774/pdf/CRPT-108hrpt774.pdf. The Fraud Prevention and
Detection Account and the H–1B Nonimmigrant Petitioner Account are funded by statutorily set fees, and divided
among USCIS (for fraud detection and prevention), the National Science Foundation, and the U.S. Department of
Labor. See 8 U.S.C. 1356(v)(2)(B). FDNS is funded out of both the IEFA and the fraud detection and prevention
account because the fees fixed by the statute are insufficient to cover the full costs of FDNS. The Fraud fee account
revenue collections are divided in three thirds, one for the Department of State, one for the Department of Labor,
and one for USCIS.
 New positions across all USCIS offices: $324.2 million (19.9 percent). Due to the
operational impact of the COVID-19 pandemic and potential furlough of USCIS
employees, FY 2020 and FY 2021 did not have any new authorized positions;
 Pay raises: $167.7 million (10.0 percent). Pay raises were 1.3 percent in FY 2016 and 1.0
percent in FY 2021.67 The highest annual pay raise of 3.1 percent occurred in FY 2020;
and
 Significant payroll increases due to an increase in staffing levels in these USCIS offices
and directorates:
o Asylum Division: $49.7 million (40.2 percent);
o Field Office Directorate: $150.5 million (24.7 percent);
o FDNS: $91.4 million (73.6 percent); and
o SCOPS: $184.6 million (68.7 percent).
2. FY 2022/2023 Cost Projections
In developing projected program needs for FY 2022/2023, USCIS used the FY 2021
operating plan (OP) as the starting point. Actual and anticipated changes from the FY 2021 OP
are discussed in this section. Enacted funds from FY 2022 are not included in the projections. In
addition, there are standard pay adjustments and increases to programs to maintain current
services that are fairly standard in budget development. Examples of necessary adjustments
include:
 Pay inflation and within-grade pay step increases ($2.67 billion in FY 2022 and
an additional $2.76 billion in FY 2023). The assumed Government-wide pay
inflation rate for FY 2022 and FY 2023 is 2.7 percent and 1.6 percent
respectively.
67For a history of Federal salary data, see Office of Personnel Management (OPM), Policy, Data, Oversight: Pay
and Leave available at https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/. OPM sets Federal
salary levels, not DHS.
 Staffing requirements ($315.7 million in FY 2022 and an additional $34.8 million
in FY 2023). USCIS models staffing allocations and costs based on projected
workload volumes. See section V.B. of this preamble for information on how
workload and completion rates affect staffing. Staffing allocation model cost
estimates are also influenced by position type, grade level and locality.
Overall, the IEFA cost baseline increases by 35.3 percent in FY 2022 and 37.4 percent in
FY 2023 both relative to the FY 2021 OP. A detailed summary of adjustments to the FY 2021
OP that resulted in the projected budget requirements for FY 2022 and FY 2023 follows.
Despite the growth in USCIS’ IEFA non-premium budget from the levels projected in the
FY 2016/2017 fee review to the levels in the FY 2021 OP, USCIS remains underfunded to
accomplish its operational objectives, and processing backlogs continue to grow. See section
III.A of this preamble for information on supplemental appropriations for the backlog.68 USCIS
projects that its IEFA non-premium cost projections must increase by 36.4 percent from $3,776.3
million in FY 2021 to an average of $5,150.7 million in FY 2022/2023 to fulfill USCIS’
operational requirements. This increase in funding will ensure that USCIS is able to meet its
operational needs during the biennial period. The following subsections provide more details on
the required increases for the FY 2022/2023 cost projections.
Table 4: FY 2021 Operating Plan vs. FY 2022/2023 Fee Review Cost Projections
(Dollars in Thousands)
FY 2021 FY 2022/2023 Percent of
Type Difference Change Total Change
Operating Plan Average
Payroll $2,309,288 $3,347,853 $1,038,565 45.0% 75.6%
Non- 24.4%
Payroll $1,467,050 $1,802,854 $335,805 22.9%
Total $3,776,338 $5,150,708 $1,374,370 36.4% 100.0%
68The appropriated funds will be focused mainly on reducing current backlogs and not on processing future
requests. If USCIS does not increase revenue to meet the costs of timely adjudicating all incoming receipts as
proposed in this rule, USCIS will not be able to keep up with demand and backlogs are likely to rematerialize
despite the funds provided for clearing those requests on hand.
a. General Expenses
In the USCIS cost projections, GE represent all costs that are not related to pay or
benefits of employees. USCIS estimates that its GE budget must increase by $335.8 million
(22.9 percent) from $1,467.0 million in FY 2021 to a combined average of $1,802.9 million in
the FY 2022/2023 fee review cost projections. Excluding contingency funding, USCIS projects
the GE budget must increase from $1,258.0 million in FY 2021 to $1,592.7 million in FY
2022/2023, or 26.6 percent. This increase in GE is primarily the result of the planned reversal of
reductions made in FY 2020 and FY 2021 due to the COVID-19 pandemic. These reductions
were necessary at the time to preserve the financial stability of USCIS, but some of them must be
reversed to ensure that USCIS can adequately perform the adjudication and naturalization
services that it is statutorily charged to administer. Notable examples of increases in the GE
budget from FY 2021 to the FY 2022/2023 fee review average are projected to occur for these
directorates and programs:
 SCOPS contractor support is projected to increase $41 million (386.4 percent) above
the FY 2021 level. The funding for SCOPS contractor support would revert close to
the level projected in the FY 2016/2017 fee rule because the FY 2021 level had been
reduced due to funding constraints associated with the COVID-19 pandemic.
 GE is projected to increase by $35 million to support increased refugee processing
associated with a proposed increase to the refugee ceiling.
 Immigration Records and Identity Services (IRIS) is projected to have additional FY
2022/2023 Federal Bureau of Investigation (FBI) fingerprint and background check
service costs of $16.7 million based on FBI fees and workload estimates.
 In addition to the restoration of $13 million for Application Support Center (ASC)
contract support, costs increase as USCIS restores ASC capacity following the
COVID-19 pandemic. USCIS temporarily suspended in-person services between

March 18, 2020 until June 4, 2020.69 ASC appointments that were cancelled due to
the temporary office closure were rescheduled causing some individuals to experience
significant processing delays. To reduce costs, the annual contract was deferred to
nine months. The remaining three months were added to the 12-month optional
period to resume in FY 2022.
 The Office of the Chief Information Officer’s GE budget is projected to increase by
$35.3 million (16 percent) to support the USCIS staffing requirements in the FY
2022/2023 fee review. The additional funding is required to provide IT support,
equipment, and network services. This excludes projects funded from premium
processing. As stated earlier, non-premium IEFA cost projections are the basis for the
fee review budget.
 The budget includes an increase of $9.8 million at the National Records Center
(NRC) to reduce the Freedom of Information Act (FOIA) backlog at the NRC in FY
2022/2023. DHS has requested appropriations to fund this additional spending. If
USCIS receives appropriations, USCIS may be able to revise downward the cost
projections funded by IEFA fees.
b. Payroll
USCIS projects that it must increase its IEFA non-premium pay budget by $1,038.6
million (45 percent) from $2,309.3 million in FY 2021 to $3,347.9 million in the FY 2022/2023
fee review period to meet its operational requirements. The payroll growth includes:
69 USCIS temporarily suspended in-person office services to help slow the spread of COVID-19 and ensure the
safety of our staff and communities. These temporary closures and capacity limitations led to a substantial backlog
of cases awaiting biometrics appointments. USCIS has since extended operating hours at high-volume ASCs and
adjusted biometrics submission requirements for certain applicants to address the backlogs. See USCIS, USCIS
Temporarily Closing Offices to the Public March 18-April 1, https://www.uscis.gov/news/alerts/uscis-temporarily-
closing-offices-to-the-public-march-18-april-1 (last updated Mar. 17, 2020); see also USCIS, USCIS Preparing to
Resume Public Services on June 4, https://www.uscis.gov/newsroom/alerts/uscis-preparing-to-resume-public-
services-on-june-4 (last updated Sept. 16, 2001). At the date of publication of this proposed rule, ASC backlogs have
mostly been eliminated.
 Pay and benefit adjustments for onboard staff: $313.1 million. USCIS budget
projections include increased costs associated with the Government-wide cost of
living adjustment (COLA) assumption of 2.7 percent for FY 2022 and 1.6 percent for
FY 2023.70
 Pay and benefits for new staff: $590.0 million. Projected FY 2022 and FY 2023
workloads exceed current workload capacity by 10.2 percent, thereby requiring
additional staff. The FY 2022 and FY 2023 Staffing Allocation Models (SAMs)71
estimated an additional 1,921 positions are necessary to meet adjudicative processing
goals and other USCIS mission objectives, including administrative functions. This
additional staffing requirement reflects the fact that it takes USCIS longer to
adjudicate many workloads than was planned for in the FY 2016/2017 fee rule and
that workload volumes and operational needs have grown. See section V.B. for
information on how workload and completion rates affect staffing forecasts. Outside
of the SAMs, USCIS has identified the need for another 2,035 new positions to
accommodate the Asylum Processing interim final rule (IFR) and the proposed
increase in the refugee admissions ceiling to 125,000. See section V.2.c. of this
preamble for more information on how the Asylum Processing IFR, 87 FR 18078
(Mar. 29, 2022), and other rulemakings affect the fee review budget.72
70The FY 2022 COLA assumption is based on President Biden’s “Letter to the Speaker of the House and the
President of the Senate on the Alternative Plan for Pay Adjustments for Civilian Federal Employment”, issued on
August 27, 2021. See White House, “Letter to the Speaker of the House and the President of the Senate on the
Alternative Plan for Pay Adjustments for Civilian Federal Employees” (Aug. 27, 2021),
https://www.whitehouse.gov/briefing-room/statements-releases/2021/08/27/letter-to-the-speaker-of-the-house-and-
the-president-of-the-senate-on-the-alternative-plan-for-pay-adjustments-for-civilian-federal-employees/. The FY
2023 COLA assumption is based on the available DHS Resource Allocation Plan (RAP) guidance as of March 29,
2021.
71The SAMs are SAS-based workforce planning tools that estimate the staffing requirements necessary to
adjudicate the projected volume of workload receipts (in other words, applications and petitions).
72On March 29, 2022, DHS and DOJ issued an interim final rule, Procedures for Credible Fear Screening and
Consideration of Asylum, Withholding of Removal, and CAT Protection Claims by Asylum Officers (Asylum
Processing IFR), to improve and expedite processing of asylum claims made by noncitizens subject to expedited
removal, ensuring that those who are eligible for protection are granted protection quickly, and those who are not are
promptly removed. The rule authorizes asylum officers within USCIS to consider the asylum applications of
 Realignment of 1,157 positions into the non-premium IEFA budget: $135.5 million.
This realignment includes moving 1,127 positions from IEFA premium processing
funding ($129.8 million) and 30 positions that were previously funded by
appropriated funds for the E-Verify program ($5.7 million) to IEFA non-premium
funding. The 1,127 positions were temporarily funded out of the premium processing
budget in the FY 2021 OP due to financial constraints. Funding these positions with
IEFA non-premium resources will allow USCIS to redirect premium processing funds
to infrastructure improvements, including investments in USCIS’ digital capabilities,
as well as backlog reduction efforts. USCIS is also realigning 30 positions from
appropriated E-Verify program funding to IEFA non-premium funding to reflect the
appropriate distribution of positions as identified in the Verification Division SAM.
The SAM identified that the 30 positions are better attributed to the SAVE program,
which is funded with IEFA non-premium funds. Therefore, USCIS accounts for these
30 positions as increased IEFA non-premium costs.
c. Related rulemakings
As stated elsewhere in this preamble with regard to the premium processing rule and the
DACA NPRM, simultaneously with this rule, DHS is engaging in multiple rulemaking actions
that are in various stages of development.73 See 86 FR 53736. DHS has considered and analyzed
each of these other rules for peripheral, overlapping, or interrelated effects on this rule and has
incorporated their effects, if any, into the supporting documentation, fee calculations, policies,
and regulatory text for this proposed rule.
individuals subject to expedited removal who assert a fear of persecution or torture and pass the required credible
fear screening. See 87 FR 18078.
73See Spring 2022 Unified Agenda of Regulatory and Deregulatory Actions, Agency Rule List-Spring 2022,
Department of Homeland Security at
https://www.reginfo.gov/public/do/eAgendaMain?operation=OPERATION_GET_AGENCY_RULE_LIST&current
Pub=true&agencyCode=&showStage=active&agencyCd=1600 (last accessed July 26, 2022).
DHS is proposing changes to the USCIS fee schedule in this rule that may be necessary
to implement the rule titled “Procedures for Credible Fear Screening and Consideration of
Asylum, Withholding of Removal, and CAT Protection Claims by Asylum Officers.” See 87 FR
18078 (Mar. 29, 2022) (Asylum Processing IFR). In the Asylum Processing IFR, DOJ and DHS
amended the regulations governing the determination of certain protection claims raised by
individuals subject to expedited removal and found to have a credible fear of persecution or
torture. The changes are expected to improve the Departments’ ability to consider the protection
claims of individuals encountered at or near the border and placed into expedited removal more
promptly while ensuring fundamental fairness.
DHS includes an estimated cost of the Asylum Processing IFR in our calculation of the
proposed fees to recover full costs of USCIS implementation of the rule. Consistent with the
reasoning described in the Asylum Processing IFR, DHS has used the primary estimate of annual
costs in the model used to calculate the fees in this rule.74 Use of this figure results in costs of an
average $425.9 million per fiscal year during the biennial period.75 This funding, which is
reflected in the figures above, would support 2,035 new staff and associated GE. These expenses
constitute approximately 31 percent of the total projected increase in budgetary requirements
from FY 2021 to FY 2022/2023.
DHS proposes to include the middle of the three Asylum Processing IFR estimates to
plan for these additional staff and other resources. Implementation of this rulemaking is subject
to resource constraints, including available IEFA non-premium funding and revenue. When
USCIS does not have the resources that it needs to meet its goals, processing times increase and
the case processing backlog grows. USCIS evaluates its budget and revenue for operational
74 See 87 FR 18078 (Mar. 29, 2022), at 18206.

75DHS acknowledges that, by using the middle of the range of costs, if actual costs are higher than that, then the
USCIS fee schedule will be set at a level that is less than what will be required to recover all of the costs added by
the Asylum Processing IFR, all other factors remaining the same. Estimated annual costs of the Asylum Processing
IFR (mid-range estimate): FY 2022 total costs of $438.2 million plus FY 2023 total costs of $413.6 million equals
$851.8. See 86 FR 46933-46934. Average total costs of FY 2022/2023 equal $425.9 million.
purposes annually, separate from the fee review process. For example, as mentioned above, the
OP is a budget for the current year and is separate from the fee review budget estimates for
future years. If actual revenue in FY 2022 or FY 2023 is higher than the estimates included in
this proposal, then USCIS may dedicate additional staff and resources to the Asylum Processing
IFR. If actual revenue is lower than the estimates in this proposal, then USCIS may dedicate
fewer resources to implementing the Asylum Processing IFR. Relatedly, if the ultimate costs of
implementing the Asylum Processing IFR exceed the estimates included in this proposal, this
will strain the resources available to USCIS and processing backlogs may grow. Future fee
review budget estimates will consider current and planned DHS and USCIS policies.
If USCIS identifies alternative funding mechanisms or resources for the Asylum
Processing IFR other than IEFA non-premium funds, the fee review budget projections may be
reduced accordingly. Therefore, with the implementation realities of the Asylum Processing IFR
and possible congressional appropriations to fund that rule, DHS may reduce USCIS’ estimated
resource requirements for FY 2022/2023 and the fees necessary to generate those resources in a
final fee rule.
d. Cost summary
Table 5 below is a crosswalk summary of the FY 2021 OP to the FY 2022 and FY 2023
cost projections. It accounts for payroll and non-payroll for on-board and new staff, other
resource requirements or adjustments, and the removal of costs associated with temporary
programs. The FY 2022/2023 IEFA non-premium average annual budget requirement is
estimated to be $5,150.7 million. This represents a $1,374.4 million, or 36.4 percent, increase
over the FY 2021 IEFA non-premium budget of $3,776.3 million. As previously discussed, the
primary cost driver is payroll, which accounts for 76 percent of the increase.
Table 5: Cost Projections

FY 2022/2023 Fee Review IEFA
Non-Premium Cost Projection (in Millions)
Total Adjusted FY 2021 IEFA Non-Premium Cost Projection $3,776.3
(Base)
Table 5: Cost Projections
FY 2022/2023 Fee Review IEFA
Non-Premium Cost Projection (in Millions)
Plus: Pay Inflation and Promotions/Within-Grade Increases $397.5
Plus: FY 2022 SAM $315.7
Plus: Asylum Processing IFR $438.2
Plus: Refugee Ceiling Increase $82.2
Plus: Realignment of Positions $134.0
Plus: Net Additional Costs -$32.4
Plus: Additional Pay Inflation and Promotions/Within-Grade Increases $132.7
Plus: Net additional FY 2023 SAM $34.8
Plus: Additional Net Additional Costs -$89.0
FY 2022/2023 Average Non-Premium Cost Projection $5,150.7
3. FY 2022/2023 Revenue Projections
USCIS’ revenue projections are informed by internal immigration benefit request receipt
forecasts agreed to by the USCIS Volume Projection Committee (VPC). See section V.B.1.a of
this preamble for more information on the VPC.76 USCIS also uses 12 months of historical
actual fee-paying receipts to account for fee-waiver and fee-exemption trends. To project USCIS
IEFA non-premium revenue, USCIS develops application volume projections using all available
data. USCIS then considers the fee-paying rate for each application and petition type to reflect
the fact that not all applicants and petitioners pay fees due to fee waivers and fee exemptions.
USCIS uses actual revenue collections from August 2019 to July 2020 as a basis for the fee-
paying assumptions in the FY 2022/2023 revenue projections. See section V.B.1 of this preamble
for a more detailed discussion of USCIS volume projections and fee-paying rates.
USCIS’ current fee schedule is expected to yield $3.28 billion of average annual revenue
during the FY 2022/2023 biennial period. This represents an increase of $0.80 billion, or 32
76USCIS has developed the VPC, a panel of agency experts, for systematic immigration benefit request filing
volume forecasting for use in fee studies. USCIS has considered other business forecasting and structured
forecasting approaches and models but has found that the VPC has a reliably accurate history of filing volume
prediction. Two annual VPC meetings consider draft and final volume projections for several years ahead. One of
three annual VPC meetings reviews the forecasts for the previous year, compares them to actual receipts, and
discusses future improvements for greater accuracy.
percent, from the FY 2016/2017 fee rule projection of $2.48 billion. See 81 FR 26911 (May 4,
2016). The projected revenue increase is based on the fees established by the FY 2016/2017 fee
rule and more anticipated fee-paying receipts. The FY 2016/2017 fee rule forecasted 5,870,989
total workload receipts and 5,140,415 fee-paying receipts. See 81 FR 26923-26924. However,
the FY 2022/2023 fee review forecasts 7,601,200 total workload receipts and 6,510,442 fee-
paying receipts. See section V.B.1. of this preamble for more information on the workload and
fee-paying receipt forecasts. This represents a 29 percent increase to workload and 26 percent
increase to fee-paying receipt volume assumptions. Despite the increase in projected revenue
above the FY 2016/2017 fee rule projection, this additional revenue is projected to be
insufficient to recover USCIS’ increased costs, as discussed in the next section.
4. Projected Cost Revenue Differential
USCIS identifies the difference between anticipated costs and revenue, assuming no
changes in fees, to determine whether the existing fee schedule is sufficient to recover the
projected full cost of providing immigration adjudication and naturalization services or whether a
fee adjustment is necessary. Table 6 summarizes the projected cost and revenue differential.
Non-Premium Revenue represents a revenue forecast using the current fees. Non-Premium Cost
represents a budget forecast. In any fee review, if the revenue forecast is less than the budget
forecast, then USCIS may propose new or increased fees to cover the budget-revenue shortfall.
Otherwise, USCIS may reduce certain costs or services to cover the difference. Summary values
may vary due to rounding.
Table 6: IEFA Non-Premium Cost and Revenue (at FY 2021 levels)

Comparison (Dollars in Millions)
FY 2022/2023
Point of Comparison FY 2022 FY 2023
Average
Non-Premium Revenue
$3,280.3 $3,284.8 $3,282.5
with Current Fees
Non-Premium Cost
$5,111.5 $5,190.0 $5,150.7
Projection
Difference -$1,831.2 -$1,905.2 -$1,868.2
Historically, and for the purpose of the fee review, USCIS reports costs and revenue as an
average over the 2-year period. In Table 6, USCIS averages FY 2022 and FY 2023 costs and
revenue to determine the projected amounts to be recovered through this rule. Based on current
immigration benefit and biometric services fees and projected volumes, USCIS expects that if
fees remained at their current levels, those fees would generate $3.28 billion in average annual
revenue in FY 2022 and FY 2023. For the same period, the average annual cost of processing
those immigration benefit requests and providing biometric services is $5.15 billion. This yields
an average annual deficit of $1,868.2 million. In other words, USCIS expects the costs of
fulfilling its operation requirements in FY 2022/2023 will exceed projected total revenue under
its current fee structure.
Because projected costs are higher than projected revenue, USCIS has several options to
address the shortfall:
1. Reduce projected costs;
2. Use carryover funds or revenue from the recovery of prior year obligations; or
3. Adjust fees with notice-and-comment rulemaking.
Although USCIS continues to pursue efforts to increase agency efficiency, DHS believes
that reducing the projected costs to equal the projected revenue would degrade USCIS operations
funded by the IEFA; therefore, this is not a viable alternative to the proposed rule. The projected
amount of funding necessary to meet USCIS’ operational requirements would exceed USCIS’
projected carryover in both FY 2022 and FY 2023, so USCIS is not able to rely on those funds to
cover the difference between projected revenue and costs.77 Likewise, USCIS estimates that
recovered revenue from prior year obligations will be insufficient. USCIS estimates that it may
recover $91.9 million in FY 2022 and $94.2 million in FY 2023 for the non-premium IEFA.
77In the docket for this proposed rule, the supporting documentation has more information on carryover estimates.
See the section titled IEFA Non-Premium Carryover Projections and Targets.
Therefore, DHS proposes to increase revenue through the fee adjustments described in detail
throughout this rule. To the extent USCIS is successful in measurably reducing completion rates
or achieving other productivity gains, DHS will re-evaluate the fee schedule in subsequent fee
rules.
B. Methodology
When conducting a fee review, USCIS reviews its recent operating environment to
determine the appropriate method to assign costs to immigration benefit requests, including
biometric services. USCIS uses ABC, a business management tool that assigns resource costs to
operational activities and then to products, services, or both. USCIS uses commercially available
ABC software to create financial models. These models determine the cost of each major step
toward processing immigration benefit requests and providing biometric services. This is the
same methodology that USCIS used in the last five fee reviews, and it is the basis for the current
fee structure. Following the FY 2016/2017 fee rule, USCIS identified several key methodology
changes to improve the accuracy of its ABC model. For more information on these changes,
please refer to the Changes Implemented in the FY 2022/2023 Fee Review section of the
supporting documentation located in the docket of this rule.
1. Volume
USCIS uses two types of volume data in the fee review: workload and fee-paying
volume. Workload volume is a projection of the total number of immigration benefit requests
that USCIS will receive in a fiscal year. Fee-paying volume is a projection of the number of
customers that will pay a fee when filing requests for immigration benefits. Not all customers
pay a fee. Those customers to whom a fee exemption applies or for whom USCIS grants a fee
waiver are represented in the workload volume, but not the fee-paying volume. Customers who
pay a fee fund the cost of processing requests for fee-waived or fee-exempt immigration benefit
requests. Tables 7 and 8 compare the FY 2016/2017 fee rule volume forecasts to the volume
forecasts for this rulemaking similar to previous fee rules. See e.g. 81 FR 26922-26924. Actual
receipts from prior years inform those forecasts, but they may not be the only reason for
differences. We explain some of the larger differences in the paragraphs that follow Tables 7 and
8. For information on actual receipts from previous fiscal years, see Appendix Table 13 in the
supporting documentation.
a. Workload Volume and Volume Projection Committee
USCIS uses statistical modeling, immigration receipt data, and internal assessments of
future developments (such as planned immigration policy initiatives)78 to develop workload
volume projections. All relevant USCIS directorates and program offices are represented on the
VPC. The VPC forecasts USCIS workload volume using statistical forecasts and subject-matter
expertise from various directorates and program offices, including the service centers, National
Benefits Center, RAIO, and regional, district, and field offices. Input from these offices helps
refine the statistical volume projections. The VPC reviews short- and long-term volume trends.
In most cases, time series models provide volume projections by form type. Time series models
use historical receipt data to determine patterns (such as level, trend, and seasonality) or
correlations with historical events to forecast receipts. When possible, other, more detailed
models are also used to determine relationships within and between different benefit request
types. At VPC meetings, the committee members deliberate on the provided forecast, consider
alternatives, and agree to a forecast by group consensus. Workload volume is a key element used
to determine the USCIS resources needed to process benefit requests within established
adjudicative processing goals. It is also the primary cost driver for assigning activity costs to
78 DHS has considered the effects on this rule of all intervening legislation, related rulemakings, and policy changes
that USCIS knows have occurred or will occur by the time the rule is signed. However, DHS does not and cannot
assert that it knows and has considered every policy change that is planned or that may occur at all levels and
agencies of the U.S. Government that may directly or indirectly affect this rule. Immigration policy changes
frequently and USCIS must use the best cost data available at a point in time. Initiatives may come about without
being incorporated in the proposed and final fees simply due to the time required for rule development and
finalization. That necessary shortcoming is ameliorated by the CFO Act requirement that DHS address the effects of
the constantly evolving immigration policy environment on its fees, costs, and services every 2 years, as DHS has
done through its biennial fee reviews.
immigration benefits and biometric services79 in the USCIS ABC model. Previous fee reviews
also relied on VPC forecasts.80 DHS explains some of the larger differences in the paragraphs
after Table 7. Values below are the average of 2 years, rounded to whole numbers. There may be
slight differences because of rounding.
Table 7: Workload Volume Comparison

FY 2016/2017 Fee FY 2022/2023 Fee
Review’s Average Review’s Average
Immigration Benefit Request Annual Projected Annual Projected Difference
Workload Workload
Receipts Receipts
I-90 Application to Replace
810,707 740,000 -70,707
Permanent Resident Card
I-102 Application for
Replacement/Initial
10,143 5,020 -5,123
Nonimmigrant Arrival-
Departure Document
I-129 Petition for a
432,156 568,630 136,474
Nonimmigrant Worker Subtotal:
For H-1 nonimmigrants N/A 430,000 N/A
For H-2A - Named
N/A 4,020 N/A
Beneficiaries
For H-2B - Named
N/A 2,460 N/A
Beneficiaries
For L nonimmigrants N/A 42,350 N/A
For O nonimmigrants N/A 27,300 N/A
Form I-129CW, or Form I-
129 for E & TN, H-3, P, Q, or N/A 40,850 N/A
R Classifications
For H-2A - Unnamed
N/A 17,650 N/A
Beneficiaries
For H-2B - Unnamed
N/A 4,000 N/A
Beneficiaries
I-129F Petition for Alien
45,351 44,700 -651
Fiancé(e)
I-130 Petition for Alien Relative 911,349 880,900 -30,449
I-131/I-131A Application for
256,622 354,416 97,794
Travel Document Subtotal
79As fully explained later in this preamble, DHS is removing biometric services as a separate fee in this rule, except
as associated with an Application for Temporary Protected Status and certain other programs. Accordingly, N/A is
included in the average annual FY 2022/2023 projected workload receipts and difference columns for biometrics in
Table 7.
80The FY 2010/2011 fee rule was the first to use VPC workload estimates in a fee review. See, USCIS, FY
2010/2011 Immigration and Examinations Fee Account Fee Review (June 11, 2010), available at
https://www.regulations.gov/document/USCIS-2009-0033-0007. All subsequent fee reviews and fee rules used VPC
estimates.
FY 2016/2017 Fee FY 2022/2023 Fee
Workload Workload
Receipts Receipts
I-131 Application for Travel
N/A 329,000 N/A
Document
I-131 Refugee Travel
Document for an individual N/A 16,260 N/A
age 16 or older
I-131 Refugee Travel
Document for a child under the N/A 1,157 N/A
age of 16
I-131A Application for
N/A 8,000 N/A
Carrier Documentation
I-140 Immigrant Petition for
88,602 140,000 51,398
Alien Worker
I-290B Notice of Appeal or
24,706 36,423 11,717
Motion
I-360 Petition for Amerasian,
Widow(er), or Special 26,428 43,028 16,600
Immigrant
I-485 Application to Register
Permanent Residence or Adjust 593,717 608,750 15,033
Status
I-526/I-526E Immigrant Petition
by Standalone/Regional Center 14,673 3,900 -10,773
Investor81
I-539 Application to
Extend/Change Nonimmigrant 172,001 472,000 299,999
Status
I-600/600A; I-800/800A
Intercountry Adoption-Related 15,781 4,447 -11,335
Petitions and Applications
I-600A/I-600 Supplement 3
Request for Action on Approved N/A 60 N/A
Form I-600A/I-600
I-601A Provisional Unlawful
42,724 39,800 -2,924
Presence Waiver
I-687 Application for Status as a
18 1 -17
Temporary Resident
I-690 Application for Waiver of
21 21 0
Grounds of Inadmissibility
I-694 Notice of Appeal of
39 4 -35
Decision
Combines both Forms I-526 and I-526E. USCIS revised Form I-526 and created Form I-526E as a result of the
81
EB-5 Reform and Integrity Act of 2022.

FY 2016/2017 Fee FY 2022/2023 Fee
Workload Workload
Receipts Receipts
I-698 Application to Adjust
Status from Temporary to
91 20 -71
Permanent Resident (Under
Section 245A of the INA)
I-751 Petition to Remove
Conditions on Residence on 173,000 154,000 -19,000
Permanent Resident Status
747,825 1,666,500 918,675
Employment Authorization
I-800A Supplement 3 Request
for Action on Approved Form I- 1,585 933 -653
800A
I-817 Application for Family
2,069 517 -1,552
Unity Benefits
I-824 Application for Action on
an Approved Application or 10,921 10,596 -325
Petition
I-829 Petition by Investor to
Remove Conditions on 3,562 3,250 -312
Suspension of Deportation or
N/A 385 N/A
Special Rule Cancellation of
Removal
I-910 Application for Civil
609 568 -41
Surgeon Designation
I-929 Petition for Qualifying
Family Member of a U-1 575 1,150 575
Nonimmigrant
I-956 Application For Regional
400 62 -338
Center Designation
I-956G Regional Center Annual
882 728 -154
Statement
N-300 Application to File
41 17 -24
Declaration of Intention
N-336 Request for a Hearing on
a Decision in Naturalization 4,666 6,140 1,474
Proceedings
N-400 Application for
830,673 831,700 1,027
Naturalization
N-470 Application to Preserve
Residence for Naturalization 362 138 -224
Purposes
FY 2016/2017 Fee FY 2022/2023 Fee
Workload Workload
Receipts Receipts
Replacement
28,914 26,900 -2,014
Document
N-600/600K Application for
Certificate of Citizenship 69,723 33,900 -35,823
Subtotal
N/A 30,000 N/A
Certificate of Citizenship
N-600K Application for
Citizenship and Issuance of N/A 3,900 N/A
Certificate Under Section 322
Inadmissibility Waiver Subtotal 71,527 86,210 14,683
I-191 Application for Relief
Under Former Section 212(c)
N/A 111 N/A
of the Immigration and
Nationality Act (INA)
Advance Permission to Enter N/A 41,481 N/A
as Nonimmigrant
I-193 Application for Waiver
N/A 6,815 N/A
of Passport and/or Visa
Permission to Reapply for
N/A 10,693 N/A
Admission into the U.S. After
Deportation or Removal
N/A 19,750 N/A
of Grounds of Inadmissibility
of the Foreign Residence
Requirement (Under Section N/A 7,360 N/A
212(e) of the INA, as
Amended)
USCIS Immigrant Fee 472,511 543,000 70,489
G-1041 Genealogy Index Search
3,605 10,994 7,389
Request
G-1041A Genealogy Records
2,410 3,301 891
Request
Request for Certificate of Non-
N/A 4,103 N/A
Existence
H-1B Registration Process N/A 273,990 N/A
Subtotal 5,870,989 7,601,200 1,730,211
Biometric Services 3,028,254 N/A N/A
Total 8,899,243 7,601,200 -1,298,043
Differences between the two sets of workload estimates may be unrelated to any
proposed fee or policy change. As mentioned earlier, these estimates are based on historical data,
statistical analysis, and subject matter and policy input. For example, the Form I-90 forecast
consists of two combined forecasts: renewals and replacements. Both Form I-90 forecasts use a
time series model that allows for seasonality. As another example, the VPC establishes two Form
N-400 forecasts: civilian and military. The statistical model that the VPC considers for the
civilian Form N-400 forecast leverages survival analysis to include individual microdata and
reflects the differences in application patterns of previous naturalization applicants. USCIS’
statistical model uses multiple factors to determine the likelihood of naturalization of members
of the pool of potential applicants, including the length of time an individual has been a lawful
permanent resident (LPR), as well as an individual’s country of origin, visa type, and age. In
contrast, the military naturalization forecast is a time series model that does not use survival
analysis. USCIS evaluates a variety of models and methods to determine the best forecast for
each workload based on the available data and historical trends.
Some differences in workload are the result of proposed changes, in whole or in part. Part
of the large differences for Forms I-131 and I-765 relate to a proposed change to Form I-485 fees
and interim benefits. See section VIII.H.1 for more information. In the FY 2016/2017 fee review,
USCIS determined the workload volume for Forms I-765 and I-131 that are not associated with
Forms I-485 (in other words, interim benefits). See 81 FR 26918 and 73300. The FY 2016/2017
column in Table 7 represents only the standalone workload for Forms I-131 and I-765 because
all the interim benefit workloads bundled with Form I-485 are counted in the row for Form I-
485. The FY 2022/2023 column of Table 7 includes workloads for Forms I-131 and I-765 that
are either standalone or interim benefits concurrently filed with Form I-485. Other factors
contributed to the differences, such as historical trends. There is no biometric services workload
forecast for FY 2022/2023 (apart from the TPS workload, as discussed in section E.2 below)
because of the proposal to incorporate the cost of providing biometric services in the underlying
form fees, as explained in section VIII.E of this preamble.
A comparison of the two sets of forecasts, in isolation, may not illustrate USCIS trends in
the several years between fee reviews. For example, when USCIS estimated workload for the FY
2016/2017 fee rule, it had been several years since receipts for Form I-140 were over 100,000.
As such, the receipt estimate was reasonable at the time and consistent with receipts from FY
2009 to 2014. Since FY 2015, Form I-140 receipts are routinely over 100,000. There could be a
number of reasons for this change, such as availability of employment-based visas or increased
demand following economic or policy changes in the intervening years. As another example,
filing trends for Form I-539 have changed significantly since the FY 2016/2017 fee rule. The
forecast for FY 2022/2023 is based on Student and Exchange Visitor Information System data,
which included 225,000 Form I-539 filings annually beginning in January 2021. DHS expects
the vast majority of this workload to be optional practical training (OPT) and science,
technology, engineering, and mathematics optional practical training (STEM OPT) extensions.
As yet another example, the adoption workload has been trending downward for many years.
Comparing only two data points in Table 7 does not show that the difference is just the
continuation of a gradual trend over many years. Finally, Table 7 does not represent the entirety
of USCIS workload. It excludes some workloads without fees. For example, asylum and refugee
workloads (credible fear, reasonable fear, Forms I-589 and I-590) and other humanitarian
workloads (for example, Forms I-914 and I-918) are excluded from the tables 7 and 8. These
omitted workloads are part of the ABC model so that USCIS can estimate their total cost.
However, only fee-paying volumes generate revenue for USCIS. See section III.C, Full Cost
Recovery, of this preamble for more information. As explained later in this preamble, the
proposed fees exclude temporary or uncertain workloads, such as TPS and DACA. See sections
V.C. and V.D of this preamble.

b. Fee-Paying Volume
USCIS uses historical revenue and receipt data to determine the number of individuals
who paid a fee for each immigration or naturalization benefit request. Fee-paying percentages by
form are usually steady year over year. USCIS uses monthly fee-paying percentages in its
forecasts to capture seasonality during the year. Additionally, policy changes, legislation, and
executive orders are frequently some of the factors that affect fee-paying percentages, so older
historical data to calculate the percentages can be counter-productive. In this proposed rule,
USCIS therefore referenced revenue and receipts data from August 2019 to July 2020 for fee-
paying figures. Total revenue for an immigration benefit request is divided by its fee to
determine the historical number of fee-paying immigration benefit requests. Fee-paying receipts
are compared to the total number of receipts (workload volume) to determine a fee-paying
percentage for each immigration benefit request. When appropriate, projected fee-paying volume
is adjusted to reflect filing trends and anticipated policy changes. These projections include the
effects of changes that DHS is proposing in this rule.82 DHS explains some of the larger
differences in the paragraphs after Table 8. Values below are the average of two years, rounded
to whole numbers. There may be slight differences because of rounding.
Table 8: Fee-Paying Projection Comparison by Fee Review

FY 2016/2017 FY 2022/2023
Fee Review’s Fee Review’s
Average Average
Immigration Benefit Request Difference
Annual Fee- Annual Fee-
Paying Paying
Projection Projection
I-90 Application to Replace Permanent
718,163 648,758 -69,405
Resident Card
I-102 Application for Replacement/Initial
Nonimmigrant Arrival-Departure 9,499 4,623 -4,876
Document
82Table 8 compares the projections from the FY 2016/2017 fee rule with the projections of the FY 2022/2023 fee
review. As discussed, these projections are based on a number of factors, including historical data of actual receipts.
Although the FY 2016/2017 Fee Review differs to some degree from the actual receipts since the 2016 fee rule,
USCIS compares fee projections against each other, rather than against actual receipts, to ensure consistency.
FY 2016/2017 FY 2022/2023
Average Average
Paying Paying
I-129 Petition for a Nonimmigrant
427,778 568,630 140,852
Worker Subtotal
For H-1 N/A 430,000 N/A
For H-2A - Named Beneficiaries N/A 4,020 N/A
For H-2B - Named Beneficiaries N/A 2,460 N/A
For L N/A 42,350 N/A
For O N/A 27,300 N/A
Form I-129CW, or Form I-129 for E
N/A 40,850 N/A
or TN, H-3, P, Q, or R Classifications
H-2A - Unnamed Beneficiaries N/A 17,650 N/A
H-2B - Unnamed Beneficiaries N/A 4,000 N/A
I-129F Petition for Alien Fiancé(e) 39,277 41,432 2,155
I-130 Petition for Alien Relative 907,512 857,514 -49,999
I-131/I-131A Application for Travel
194,461 279,078 84,617
Document Subtotal
I-131 Application for Travel Document N/A 253,662 N/A
I-131 Refugee Travel Document for an
N/A 16,260 N/A
individual age 16 or older
I-131 Refugee Travel Document for a
N/A 1,157 N/A
child under the age of 16
I-131A Application for Carrier
N/A 8,000 N/A
Documentation
I-140 Immigrant Petition for Alien
88,602 140,000 51,398
Worker
I-290B Notice of Appeal or Motion 20,955 33,803 12,848
I-360 Petition for Amerasian, Widow(er),
8,961 4,107 -4,854
or Special Immigrant
I-485 Application to Register Permanent
473,336 572,497 99,161
Residence or Adjust Status
I-526/I-526E Immigrant Petition by
14,673 3,900 -10,773
Standalone/Regional Center Investor83
I-539 Application to Extend/Change
171,616 462,380 290,764
Nonimmigrant Status
I-600/600A; I-800/800A Orphan Petitions
5,811 2,438 -3,373
and Applications
I-600A/I-600 Supplement 3 Request for
N/A 29 N/A
Action on Approved Form I-600A/I-600
Combines both Forms I-526 and I-526E. USCIS revised Form I-526 and created Form I-526E as a result of the
83
EB-5 Reform and Integrity Act of 2022.

FY 2016/2017 FY 2022/2023
Average Average
Paying Paying
I-601A Provisional Unlawful Presence
42,724 39,800 -2,924
Waiver
I-687 Application for Status as a
0 1 1
Temporary Resident
I-690 Application for Waiver of Grounds
17 21 4
of Inadmissibility
I-694 Notice of Appeal of Decision 39 4 -35
I-698 Application to Adjust Status from
Temporary to Permanent Resident (Under 91 20 -71
I-751 Petition to Remove Conditions on
162,533 130,274 -32,260
Residence
I-765 Application for Employment
397,954 1,084,740 686,786
Authorization
I-800A Supplement 3 Request for Action
746 448 -298
on Approved Form I-800A
I-817 Application for Family Unity
1,988 505 -1,483
Benefits
I-824 Application for Action on an
10,828 10,292 -536
Approved Application or Petition
I-829 Petition by Investor to Remove
3,562 3,250 -312
Conditions on Permanent Resident Status
I-881 Application for Suspension of
Deportation or Special Rule Cancellation N/A 385 N/A
of Removal
I-910 Application for Civil Surgeon
609 568 -41
Designation
I-929 Petition for Qualifying Family
257 1,027 770
Member of a U-1 Nonimmigrant
I-956 Application For Regional Center
400 62 -338
Designation
I-956G Regional Center Annual
882 728 -154
Statement
N-300 Application to File Declaration of
36 17 -19
Intention
N-336 Request for a Hearing on a
3,593 5,137 1,544
Decision in Naturalization Proceedings
N-400 Application for Naturalization
631,655 693,820 62,165
(including reduced fee)
N-470 Application to Preserve Residence
360 138 -222
for Naturalization purposes
N-565 Application for Replacement
23,491 21,508 -1,983
Naturalization/Citizenship Document
FY 2016/2017 FY 2022/2023
Average Average
Paying Paying
N-600/600K Naturalization Certificate
46,870 18,936 -27,934
Application Subtotal
N-600 Application for Certificate of
N/A 16,041 N/A
Citizenship
N-600K Application for Citizenship
and Issuance of Certificate Under N/A 2,895 N/A
Section 322
Inadmissibility Waiver Subtotal 41,902 44,211 2,309
I-191 Application for Relief Under
Former Section 212(c) of the N/A 111 N/A
Immigration and Nationality Act (INA)
I-192 Application for Advance
N/A 10,954 N/A
Permission to Enter as Nonimmigrant
N/A 6,772 N/A
Passport and/or Visa
I-212 Application for Permission to
Reapply for Admission into the U.S. N/A 7,260 N/A
After Deportation or Removal
N/A 18,560 N/A
I-612 Application for Waiver of the
Foreign Residence Requirement (Under N/A 554 N/A
Section 212(e) of the INA, as Amended)
USCIS Immigrant Fee 472,511 543,000 70,489
G-1041 Genealogy Index Search Request 3,605 10,994 7,389
G-1041A Genealogy Records Request 2,410 3,301 891
Request for Certificate of Non-Existence N/A 4,103 N/A
H-1B Registration Process N/A 273,990 N/A
Subtotal 4,929,707 6,510,467 1,580,760
Biometric Services 2,598,639 N/A N/A
Grand Totals 7,528,346 6,510,467 -1,017,879
All fee-paying workload is a subset of total workload, as discussed in the previous
section. As such, changes to workload may affect the fee-paying projections. As explained
above, USCIS estimates fee-paying receipts by applying a percentage of fee-paying receipts to
the workload forecast. For a general explanation on how fee-paying volumes affect fees, see
section VI, Fee Waivers, of this preamble. Some differences in fee-paying projections are the
result of proposed changes, in whole or in part. For example, part of the large differences
between the past and current projections for Forms I-131 and I-765 relate to the proposed change
to Form I-485 fees and interim benefits. See section VIII.H.1 for more information. In the FY
2016/2017 fee review, USCIS determined the fee-paying volume for Forms I-765 and I-131 that
are not associated with Forms I-485. See 81 FR 26918 and 73300. The FY 2016/2017 column in
Table 8 represents the forecasted standalone fee-paying receipts only for Forms I-131 and I-765
because all interim benefit fee-paying receipts bundled with Form I-485 are counted in the row
for Form I-485. See 81 FR 26919 and 26924. The FY 2022/2023 column of Table 8 includes fee-
paying receipts for Forms I-131 and I-765 that are either standalone or interim benefits
concurrently filed with Form I-485. Other factors contributed to the differences, such as
historical trends. There is no workload forecast for biometric services for FY 2022/2023 because
of the proposed elimination of the discrete biometric services fee for most benefit requestors, as
explained in section VIII.E of this preamble.
Table 9 is a comparison of fee-paying percentages in the FY 2016/2017 fee rule and this
proposed rule. It divides the fee-paying volumes in Table 8 by the workload volumes in Table 7
to calculate the fee-paying percentages. There may be slight differences because of rounding.
Table 9: Fee-Paying Percentage Comparison by Fee Review

FY
FY 2016/2017
2022/2023
Fee Review’s
Immigration Benefit Request Fee Review’s Difference
Fee-Paying
Fee-Paying
Percentage
Percentage
I-90 Application to Replace Permanent Resident
89% 88% -1%
Card
I-102 Application for Replacement/Initial
94% 92% -2%
Nonimmigrant Arrival-Departure Document
I-129 Petition for a Nonimmigrant Worker
99% 100% 1%
Subtotal
For H-1 N/A 100% N/A
For H-2A - Named Beneficiaries N/A 100% N/A
FY
FY 2016/2017
2022/2023
Fee Review’s
Fee-Paying
Fee-Paying
Percentage
Percentage
For H-2B - Named Beneficiaries N/A 100% N/A
For L N/A 100% N/A
For O N/A 100% N/A
Form I-129CW, or Form I-129 for E or TN,
N/A 100% N/A
H-3, P, Q, or R Classifications
H-2A - Unnamed Beneficiaries N/A 100% N/A
H-2B - Unnamed Beneficiaries N/A 100% N/A
I-129F Petition for Alien Fiancé(e) 87% 93% 6%
I-130 Petition for Alien Relative 100% 97% 3%
I-131/I-131A Application for Travel Document
76% 79% 3%
Subtotal
I-131 Application for Travel Document N/A 77% N/A
I-131 Refugee Travel Document for an
N/A 100% N/A
individual age 16 or older
I-131 Refugee Travel Document for a child
N/A 100% N/A
under the age of 16
I-131A Application for Carrier
N/A 100% N/A
Documentation
I-140 Immigrant Petition for Alien Worker 100% 100% 0%
I-290B Notice of Appeal or Motion 85% 93% 8%
I-360 Petition for Amerasian, Widow(er), or
34% 10% -24%
Special Immigrant
I-485 Application to Register Permanent
80% 94% 14%
I-526/I-526E Immigrant Petition by
100% 100% 0%
Standalone/Regional Center Investor
I-539 Application to Extend/Change
100% 98% -2%
Nonimmigrant Status
I-600/600A; I-800/800A Orphan Petitions and
37% 55% 18%
Applications
I-600A/I-600 Supplement 3 Request for Action
N/A 48% N/A
on Approved Form I-600A/I-600
I-601A Provisional Unlawful Presence Waiver 100% 100% 0%
I-687 Application for Status as a Temporary
N/A 100% N/A
Resident
I-690 Application for Waiver of Grounds of
81% 100% 19%
Inadmissibility
I-694 Notice of Appeal of Decision 100% 100% 0%
FY
FY 2016/2017
2022/2023
Fee Review’s
Fee-Paying
Fee-Paying
Percentage
Percentage
I-698 Application to Adjust Status from
Temporary to Permanent Resident (Under 100% 100% 0%
I-751 Petition to Remove Conditions on
94% 85% -9%
Residence
I-765 Application for Employment
53% 65% 12%
Authorization
I-800A Supplement 3 Request for Action on
47% 48% 1%
Approved Form I-800A
I-817 Application for Family Unity Benefits 96% 98% 2%
I-824 Application for Action on an Approved
99% 97% -2%
Application or Petition
I-829 Petition by Investor to Remove Conditions
100% 100% 0%
on Permanent Resident Status
I-881 Application for Suspension of Deportation
N/A 100% N/A
or Special Rule Cancellation of Removal
I-910 Application for Civil Surgeon Designation 100% 100% 0%
I-929 Petition for Qualifying Family Member of
45% 89% 44%
a U-1 Nonimmigrant
I-956 Application For Regional Center
100% 100% 0%
Designation
I-956G Regional Center Annual Statement 100% 100% 0%
N-300 Application to File Declaration of
88% 100% 12%
Intention
N-336 Request for a Hearing on a Decision in
77% 84% 7%
Naturalization Proceedings
N-400 Application for Naturalization (including
76% 83% 7%
reduced fee)
N-470 Application to Preserve Residence for
99% 100% 1%
Naturalization purposes
N-565 Application for Replacement
81% 80% -1%
N-600/600K Naturalization Certificate
67% 56% -11%
Application Subtotal
N-600 Application for Certificate of
N/A 53% N/A
Citizenship
N-600K Application for Citizenship and
N/A 74% N/A
Issuance of Certificate Under Section 322
Inadmissibility Waiver Subtotal 59% 51% -8%
FY
FY 2016/2017
2022/2023
Fee Review’s
Fee-Paying
Fee-Paying
Percentage
Percentage
I-191 Application for Relief Under Former
Section 212(c) of the Immigration and N/A 100% N/A
I-192 Application for Advance Permission to
N/A 26% N/A
Enter as Nonimmigrant
I-193 Application for Waiver of Passport
N/A 99% N/A
and/or Visa
I-212 Application for Permission to Reapply
for Admission into the U.S. After Deportation or N/A 68% N/A
Removal
I-601 Application for Waiver of Grounds of
N/A 94% N/A
Inadmissibility
I-612 Application for Waiver of the Foreign
Residence Requirement (Under Section 212(e) N/A 8% N/A
of the INA, as Amended)
USCIS Immigrant Fee 100% 100% 0%
G-1041 Genealogy Index Search Request 100% 100% 0%
G-1041A Genealogy Records Request 100% 100% 0%
Request for Certificate of Non-Existence N/A 100% N/A
H-1B Registration Process N/A 100% N/A
Subtotal 84% 86% 2%
Biometric Services 86% N/A N/A
Grand Totals 85% 86% 1%
2. Completion Rates
USCIS completion rates are the average hours per adjudication of an immigration benefit
request. They identify the adjudicative time required to complete (render a decision on) specific
immigration benefit requests. The completion rate for each benefit type represents an average.
Completion rates reflect what is termed “touch time,” or the time an employee with adjudicative
responsibilities actually handles the case. This does not reflect “queue time,” or time spent
waiting, for example, for additional evidence or supervisory approval. Completion rates do not
reflect the total processing time applicants, petitioners, and requestors can expect to wait for a
decision on their case after USCIS accepts it.
USCIS requires most employees who adjudicate immigration benefit requests to report
adjudication hours and case completions by benefit type. The reported hours and counts are
aggregate information that does not allow USCIS to estimate effects of individual policy
changes. USCIS calculates completion rates by dividing the adjudication hours by the number of
completions for the same period. As such, completion rates represent an average hours per
completion. In addition to using these data to determine fees, completion rates help determine
appropriate staffing allocations to handle projected workload. The USCIS Office of Performance
and Quality (OPQ), field offices, regional management, and service centers continually review
the data to capture updates or implementation of new processes and ensure continued accuracy.
The continual availability of the information enables USCIS to update cost information for each
fee review. The completion rates may change between fee reviews based on more recently
reported hours and counts. Possible reasons for completion rate changes include changes to a
form, policy changes, and more recently, effects of the pandemic. USCIS relied on completion
rates before the pandemic to remove this effect from the fee review. When employees who
adjudicate immigration benefit requests do not report adjudication hours, USCIS uses subject-
matter expertise to estimate completion rates.
USCIS does not list completion rates for the following immigration benefit requests,
forms, or other services, due to the special nature of their processing, as explained below:
 I-131A, Application for Carrier Documentation. In this proposed rule, DHS
anticipates that the Department of State (DOS) Bureau of Consular Affairs, located
outside of the United States, would process all Form I-131A workload. Thus, USCIS
projects it will have no hours or workload for Form I-131A in FY 2022/2023 and does
not calculate a completion rate for this proposed rule.

 H-1B Registration Process. Before a petitioner is eligible to file an H-1B cap-subject
petition (including those eligible for the 20,000-petition advanced degree exemption), the
prospective petitioner must register electronically through the USCIS website and have
their registration selected. See 84 FR 888 (Jan. 31, 2019). USCIS does not adjudicate
registrations received through the H-1B registration process because the process is
automated.
 USCIS Immigrant Fee. USCIS does not adjudicate applications for an immigrant visa.
Rather, individuals located outside of the United States apply with a DOS consular
officer for an immigrant visa. If DOS issues the immigrant visa, the individual may apply
with a Customs and Border Protection (CBP) officer at a port of entry for admission to
the United States as an immigrant. This fee represents USCIS’ costs to create and
maintain files and to issue permanent resident cards (also known as “Green Cards”) to
individuals who go through this process. See 8 CFR 103.7(b)(1)(i)(D) (Oct. 1, 2020),
proposed 8 CFR 106.2(c)(3).
 TPS. DHS proposes not to rely on TPS fee revenue for recovering USCIS’ operational
expenses, consistent with previous fee rules. See 81 FR 73312-73313. TPS designations
may be terminated under current law or may decrease due to a reduction in the eligible
population. Termination of the program, in whole or in part, after the fees are set would
result in unrealized revenue and a commensurate budgetary shortfall. After the fee
schedule is effective, fees cannot be adjusted until the next fee schedule notice-and-
comment rulemaking. Thus, temporary programs subject to termination based on changed
circumstances are generally not included in the fee-setting model. Therefore, USCIS
excludes the completion rate, as well as workload volumes and marginal costs, for Form
I-821, Application for Temporary Protected Status, and associated Form I-765 filings
from discussion in this proposed rule. DHS cannot increase the $50 initial statutory
registration fee permitted under INA sec. 244(c)(1)(B) or establish a re-registration fee
for TPS. Therefore, to recover some of the costs of administering the TPS program,
USCIS will continue to charge the biometric services fee, where required, and the fee for
an employment authorization document (EAD), as permitted under 8 U.S.C. 1254b.
Table 10: Completion Rates per Benefit Request (Hours/Completions)

Immigration Benefit Request Service-Wide Completion Rate
Credible Fear84 3.68
G-1041 Genealogy Index Search Request 0.42
G-1041A Genealogy Records Request 1.00
Request for Certificate of Non-Existence 1.07
H-1B Registration Process N/A
I-90 Application to Replace Permanent Resident Card 0.15
I-102 Application for Replacement/Initial Nonimmigrant
0.84
I-129 H-1B Nonimmigrant Worker or H-1B1 Free Trade 1.53
Nonimmigrant Worker
I-129 H-2A - Named Beneficiaries 2.36
I-129 H-2B - Named Beneficiaries 2.33
I-129 L Nonimmigrant Worker 3.57
I-129 O Nonimmigrant Worker 2.32
I-129CW, Petition or Application for E, H-3, P, Q, R, or 1.87
TN Nonimmigrant Worker
I-129 H-2A - Unnamed Beneficiaries 0.70
I-129 H-2B - Unnamed Beneficiaries 0.89
I-129F Petition for Alien Fiancé(e) 0.91
I-130 Petition for Alien Relative 1.11
I-131 Application for Travel Document 0.29
I-131 Refugee Travel Document85 0.28
I-131A Application for Carrier Documentation N/A
I-140 Immigrant Petition for Alien Worker 1.41
I-191 Application for Relief Under Former Section 212(c) 1.96
of the Immigration and Nationality Act (INA)
I-192 Application for Advance Permission to Enter as 1.46
Nonimmigrant
I-193 Application for Waiver of Passport and/or Visa 0.52
I-212 Application for Permission to Reapply for 1.43
Admission into the U.S. After Deportation or Removal
84 See USCIS, Questions and Answers: Credible Fear Screening available at
https://www.uscis.gov/humanitarian/refugees-and-asylum/asylum/questions-and-answers-credible-fear-screening
(last updated July 15, 2015).
85USCIS does not track distinct refugee travel document completion rates, nor does it track rates by applicant age
group. The completion rate here is for a re-entry permit, a similar travel document.
I-290B Notice of Appeal or Motion 1.50
I-360 Petition for Amerasian, Widow(er), or Special 2.54
Immigrant
I-485 Application to Register Permanent Residence or 2.08
Adjust Status
I-526/I-526E Immigrant Petition by Standalone/Regional 20.69
Center Investor
I-539 Application to Extend/Change Nonimmigrant Status 0.70
I-589 Application for Asylum and for Withholding of 5.02
Removal
I-590 Registration for Classification as Refugee 1.29
I-600/600A; I-800/800A Orphan Petitions and 2.14
Applications
I-600A/I-600 Supplement 3 Request for Action on 2.03
Approved Form I-600A/I-600
I-601 Application for Waiver of Grounds of 2.06
Inadmissibility
I-601A Provisional Unlawful Presence Waiver 2.76
I-612 Application for Waiver of the Foreign Residence 0.69
Requirement (Under Section 212(e) of the INA, as
Amended)
I-687 Application for Status as a Temporary Resident 3.01
Under Section 245A of the INA
I-690 Application for Waiver of Grounds of 2.04
Inadmissibility
I-694 Notice of Appeal of Decision 2.62
I-698 Application to Adjust Status from Temporary to 3.91
Permanent Resident (Under Section 245A of the INA)
I-730 Refugee/Asylee Relative Petition (and Travel 1.06
Eligibility)
I-751 Petition to Remove Conditions on Residence 1.54
I-765 Application for Employment Authorization 0.22
I-800A Supplement 3 Request for Action on Approved 2.03
Form I-800A
I-817 Application for Family Unity Benefits 0.88
I-824 Application for Action on an Approved Application 0.88
or Petition
I-829 Petition by Investor to Remove Conditions on 15.86
I-881 Application for Suspension of Deportation or
2.00
Special Rule Cancellation of Removal
I-910 Application for Civil Surgeon Designation 1.37
I-914 T Nonimmigrant Status 4.88
I-918 U Nonimmigrant Status 4.50
I-929 Petition for Qualifying Family Member of a U-1 1.69
Nonimmigrant
I-956 Application For Regional Center Designation 108.50
I-956G Regional Center Annual Statement 4.60
N-300 Application to File Declaration of Intention 1.10
N-336 Request for a Hearing on a Decision in 3.01
Naturalization Proceedings (Under Section 336 of the
INA)
N-400 Application for Naturalization 1.51
N-470 Application to Preserve Residence for 4.01
Naturalization purposes
N-565 Application for Replacement 0.51
N-600 Application for Certificate of Citizenship 1.16
N-600K Application for Citizenship and Issuance of 1.16
Certificate Under Section 322
Reasonable Fear86 5.30
USCIS Immigrant Fee N/A
3. Assessing Proposed Fees
Historically, as a matter of policy, DHS has used its discretion to limit fee increases for
certain immigration benefit request fees that would be overly burdensome on applicants,
petitioners, and requestors if set at ABC model output levels. Previous proposed IEFA fee
schedules referred to limited fee increases as “low volume reallocation” or “cost reallocation.”87
Despite the two separate phrases, the calculation for both is the same. In this proposed rule, DHS
will use the phrase “cost reallocation.” In the FY 2016/2017 fee rule, USCIS calculated an 8
percent limited fee increase for certain immigration benefit request fees.88 For this proposed rule,
USCIS calculated a limited fee increase of approximately 18 percent using a similar
methodology as the FY 2016/2017 fee rule.89 The 18 percent is approximately the difference
86 See USCIS, Questions and Answers: Reasonable Fear Screening, available at

https://www.uscis.gov/humanitarian/refugees-and-asylum/asylum/questions-and-answers-reasonable-fear-screenings
(last updated June 18, 2013).
87The FY 2016/2017 proposed fee schedule used both phrases. See 81 FR 26915. The FY 2010/2011 and FY
2008/2009 proposed fee schedules used the phrase “low volume reallocation.” See 75 FR 33461 and 72 FR 4910,
respectively.
88The 8-percent increase was the percentage difference between the current fees and the model output before
reallocation, weighted by fee-paying volume. See 81 FR 73296. The model output is a projected fee-paying unit cost
from the ABC model. It is projected total cost divided by projected fee-paying receipts. While each fee review may
calculate a different percentage, the formula for the calculation remains the same.
89In the docket for this proposed rule, the supporting documentation has more information on the proposed cost
reallocation and the ABC model output. See the Cost Reallocation column of Appendix Table 4: Proposed Fees by
Immigration Benefit Request. The docket also includes documentation for the fee schedule.
between the average current fee compared to the average ABC model output. The sum of the
current fees, multiplied by the projected FY 2022/2023 fee-paying receipts for each immigration
benefit type, divided by the total fee-paying receipts, is $518. The model output is the total cost
determined by the ABC model by fee-paying receipts to determine a fee-paying unit cost. The
sum of the ABC model outputs, multiplied by the projected FY 2022/2023 receipts for each
immigration benefit type, divided by the fee-paying receipts, is $614. There is a $96 or
approximate 18 percent difference between the two averages. These averages exclude fees that
do not receive cost reallocation, such as the separate biometric services fee and the proposed
genealogy fees. When DHS proposes to maintain the current fee, it affects this calculation. In
those cases, the formula multiplies the current fee by fee-paying receipts instead of using the
model output. Except for Form I-90 filed online, the estimated volumes are low for the fees that
DHS proposes to maintain at the current level. As such, if DHS did not propose to maintain those
current fees, the result would round to 17 percent. Thus, DHS has determined that 18 percent is a
reasonable figure at which to cap those requests for which USCIS proposes to limit fee increases
using the cost reallocation calculation method.
Accordingly, in consideration of the need to balance the beneficiary-pays and ability-to-
pay principles and to achieve important policy outcomes (for example, promoting naturalization,
funding asylum and other humanitarian programs, and making immigration benefits affordable
and accessible), DHS proposes that the increase in the following immigration benefit request fees
is limited to 18 percent for the current fees:
 Form I-192, Application for Advance Permission to Enter as Nonimmigrant.
 Form I-193, Application for Waiver of Passport and/or Visa.
 Form I-290B, Notice of Appeal or Motion.
 Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant.

 Form I-600, Petition to Classify Orphan as an Immediate Relative.
 Form I-600A, Application for Advance Processing of an Orphan Petition.
 Form I-600A/I-600, Supplement 3, Request for Action on Approved Form I-600A/I-
600.90
 Form I-612, Application for Waiver of the Foreign Residence Requirement (Under
Section 212(e) of the INA, as Amended).
 Form I-800, Petition to Classify Convention Adoptee as an Immediate Relative.
 Form I-800A, Application for Determination of Suitability to Adopt a Child from a
Convention Country.
 Form I-800A, Supplement 3, Request for Action on Approved Form I-800A.
 Form I-881, Application for Suspension of Deportation or Special Rule Cancellation
of Removal.
 Form I-929, Petition for Qualifying Family Member of a U-1 Nonimmigrant.
 Form N-300, Application to File Declaration of Intention.
 Form N-336, Request for Hearing on a Decision in Naturalization Proceedings.
 Form N-400, Application for Naturalization.
 Form N-470, Application to Preserve Residence for Naturalization Purposes.
 Form N-600, Application for Certificate of Citizenship
 Form N-600K, Application for Citizenship and Issuance of Certificate Under Section
322
90 DHS explains the purpose of this proposed form in section VIII.N.4 of this preamble.
The proposed increase of approximately 18 percent may vary slightly due to rounding.
DHS rounds all IEFA non-premium fees to the nearest $5 increment.
For many of these form types, DHS and DOJ have a long history of special consideration
for these immigration and naturalization fees. For example, DOJ did not change fees for Forms I-
290B, I-360, N-300, N-336, N-470 in the first IEFA fee rule that used ABC modeling. See 63 FR
1775 (Jan. 12, 1998) at 1784 (proposed rule); 63 FR 43604 (final rule). DOJ maintained the prior
fee for these forms until it could capture sufficient information for these low (less than 10,000
per year) volume forms to change the fees in a separate rulemaking. See 64 FR 69883 (Dec. 15,
1999). DHS has a history of setting adoption-related fees lower than the amount suggested by the
fee-setting methodology, as discussed in section VIII.N.1 of this proposed rule. DHS also has a
long history of special consideration for naturalization fees, as discussed in section VIII.F. of this
preamble.
To allow the proposed fee schedule to recover full cost, DHS proposes that other fees be
increased to offset the difference between the projected cost of adjudicating these benefit
requests and the revenue generated by the 18 percent limited fee increase. Similarly, DHS
proposes that other fees increase to offset a projected increase in workloads that are exempt from
paying fees or that are capped at a fee less than what the ABC model indicates. In this proposed
rule, DHS refers to the process of recovering full cost for workloads without fees or the shifting
of cost burdens among benefit request fees due to other policy considerations as cost
reallocation.
DHS proposes to maintain the current fee for several benefit requests. These proposed
fees would have decreased based on the ABC model results. However, DHS proposes to
maintain the current fees. This will allow these forms to fund some of the costs of other forms
and may limit the fee increase suggested by the fee calculation model for those other forms. In
this proposed rule, DHS proposes to not change the following fees:
 Form I-90, Application to Replace Permanent Resident Card when filed online.
 Form I-131A, Application for Travel Document (Carrier Documentation).
 Form I-191, Application for Relief Under Former Section 212(c) of the Immigration
and Nationality Act (INA).
 Form I-698, Application to Adjust Status from Temporary to Permanent Resident
(Under Section 245A of the INA).
 Form N-565, Application for Replacement Naturalization/Citizenship Document.
Some proposed fees are significantly higher than the current fees. In some cases, this is
because DHS proposes to not limit those fee increases, as it has done in the past, for policy
reasons, as explained below. For example, previous fee schedules limited the increase for the
immigration benefit requests associated with Forms I-212, I-601, I-601A, and I-765.91 See 81 FR
26915-26916. In the FY 2016/2017 fee rule, DHS stopped limiting the fee increase for
inadmissibility waivers like Forms I-212 and I-601. See 81 FR 73306-73307. In addition, in this
proposed rule, DHS proposes not to limit the fee increase to 18 percent for the following
immigration benefit requests:
 Form I-601A, Provisional Unlawful Presence Waiver; and
 Form I-765, Application for Employment Authorization.
DHS is not proposing to limit the fee increases for these two immigration benefit requests
because, if we did, then other proposed fees would have to increase to recover full cost. For
example, DHS limited the fee increase for Form I-765 in the FY 2016/2017 fee rule for
humanitarian and practical reasons. See 81 FR 26916. Many individuals seeking immigration
benefits face financial obstacles and cannot earn money through lawful employment in the
91 See section VIII.F, Naturalization and Citizenship-Related Forms (discussion on the proposed naturalization fees).
United States until they receive an EAD. In this rule, DHS proposes additional fee exemptions
instead of limiting the proposed fee for Form I-765. If DHS were to propose limited fee increases
for all of the immigration benefit request fees that were limited in the FY 2016/2017 fee rule,
then some proposed fees could increase by as much as $2,855, with the average of those changes
being an increase of $79 per immigration benefit request. The rationale for some of these
proposed changes is further discussed later in the preamble. See section VIII, Other Proposed
Changes in the FY 2022/2023 Fee Schedule.
Later in this preamble, DHS discusses the proposal for separate online and paper filing
fees. See section VIII.G. DHS bases the proposed separate online and paper fees on ABC model
results. When DHS proposes limited fee increases or to continue using the current fee, the
calculation is based on the current fee instead of ABC model results. As such, there are not
separate proposed fees for online and paper filing for immigration benefit requests with limited
fee increases or for those held to the current fee.
4. Funding the Asylum Program with Employer Petition Fees
DHS proposes a new Asylum Program Fee of $600 to be paid by employers who file
either a Form I-129, Petition for a Nonimmigrant Worker, or Form I-140, Immigrant Petition for
Alien Worker. Proposed 8 CFR 106.2(c)(13). DHS proposes this new fee as a way to mitigate
the scope of the proposed fee increases in this rule for individual applicants and petitioners.
DHS has determined that the Asylum Program Fee is an effective way to shift some costs to
requests that are generally submitted by petitioners who have more ability to pay, as opposed to
shifting those costs to all other fee payers. DHS arrived at the amount of the Asylum Program
Fee by calculating the amount that would need to be added to the fees for Form I-129, Petition
for a Nonimmigrant Worker, and Form I-140, Immigrant Petition for Alien Worker, to collect
the Asylum Processing IFR estimated annual costs.92 See Table 11 for details on the calculation.
92 DHS notes that in section V.A.2.c of this preamble it identified the costs of the Asylum Processing IFR as
averaging $425.9 million annually over FY 2022/2023. That figure represents the estimated costs that are directly
attributable to the implementation of that rule. DHS divided this cost estimate by the estimated fee-paying volume
The Asylum Program Fee may be used to fund part of the costs of administering the entire
asylum program and would be due in addition to the fee those petitioners would pay using
USCIS’ standard costing and fee calculation methodologies.
Table 11: Asylum Program Fee Calculation

Estimated Costs
Asylum Processing IFR Costs Total Estimated Cost
(150K)
Asylum Processing IFR (150K) Cost Estimate FY 2022 $438,200,000
Asylum Processing IFR (150K) Cost Estimate FY 2023 $413,600,790
Two-year Average $425,900,395
Estimated Fee-Paying Receipts

Immigration Benefit Requests Projected Fee-Paying
Receipts
I-129 Petition for a Nonimmigrant Worker Subtotal 568,630
For H-1 nonimmigrants 430,000
For H-2A - Named Beneficiaries 4,020
For H-2B - Named Beneficiaries 2,460
For L nonimmigrants 42,350
For O nonimmigrants 27,300
Form I-129CW, or Form I-129 for E & TN, H-3, P, Q, or R 40,850
Classifications
For H-2A - Unnamed Beneficiaries 17,650
For H-2B - Unnamed Beneficiaries 4,000
I-140 Immigrant Petition for Alien Worker 140,000
Employment-based Petition Total 708,630
Asylum Program Fee Calculation

Estimated cost divided by estimated fee-paying receipts $601
Asylum Program Fee (above row rounded to nearest $5) $600
Asylum Program Fee Estimated Revenue (above row multiplied by $425,178,000
fee-paying receipts)
This Asylum Program Fee adds a fee for Form I-129 and Form I-140 petitioners of $600
while maintaining lower proposed fees for other immigration benefit requestors than would be
proposed if the costs were spread among all other fee payers. For example, charging the Asylum
for Forms I-129 and I-140 to determine the $600 Asylum Program Fee. Calculation: $425,900,395 / 708,630 =
$601.02. DHS rounded to the nearest $5, consistent with other proposed fees.
Program Fee only to employer petitions reduces the proposed Form I-485 fee by $170 compared
to a fee schedule without the cost shift. Similarly, the proposed fee to file Form I-765 on paper is
$70 less than it would be absent the proposed Asylum Program Fee. The proposed fees for
Forms I-485, I-765, and others are lower in a scenario with the shift of asylum program costs to
employers through the new fee because all IEFA non-premium fees are related. Each fee helps
recover the cost of work without fees (Forms I-589, I-590, I-914, I-918, etc.) or work with fees
that do not recover full cost (Forms N-400, I-600, I-800, etc.). If Forms I-129 and I-140 recover
more of those costs, then that means other forms need not recover as much, resulting in lower
proposed fees for Forms I-485, I-765, and others that recover more than full cost in this proposal.
Table 12 shows the proposed IEFA non-premium fees for Forms I-129 and I-140, including the
Asylum Program Fee. The table excludes additional statutory or premium-processing fees that
petitioners may pay for these immigration benefit requests.93
Table 12: Proposed IEFA Non-Premium Fees for Forms I-129 and I-140
Total
Asylum
Immigration Benefit Request Proposed Fee Proposed
Program Fee
Fee
I-129 Petition for a Nonimmigrant Worker
For H-1B $780 $600 $1,380
For H-2A - Named Beneficiaries $1,090 $600 $1,690
For H-2B - Named Beneficiaries $1,080 $600 $1,680
For L $1,385 $600 $1,985
For O $1,055 $600 $1,655
Form I-129CW, or Form I-129 for E or
$1,015 $600 $1,615
TN, H-3, P, Q, or R Classifications
H-2A - Unnamed Beneficiaries $530 $600 $1,130
H-2B - Unnamed Beneficiaries $580 $600 $1,180
93 Most petitioners using Forms I-129 and I-140 may request expedited processing for an additional $2,500 or
$1,500 premium processing fee. See USCIS, I-907, Request for Premium Processing Service,
https://www.uscis.gov/i-907 (last updated Sep. 30, 2021). Certain H-1B and L petitions may have to pay up to
$6,000 in additional statutory fees, which DHS is unable to adjust. USCIS does not keep most of the revenue of
these fees. CBP receives 50 percent of the $4,000 9-11 Response and Biometric Entry-Exit fee and the remaining 50
percent is deposited into the General Fund of the Treasury. USCIS retains 5 percent of the $1,500 or $750 American
Competitiveness and Workforce Improvement Act (ACWIA) fee. The remainder goes to the Department of Labor
and the National Science Foundation. USCIS keeps one third of the $500 Fraud Detection and Prevention fee, while
the remainder is split between the Department of State and the Department of Labor. These statutory fees are in
addition to the current Form I-129 fee of $460 and optional premium processing fee. See USCIS, H and L Filing
Fees for Form I-129, Petition for a Nonimmigrant Worker, https://www.uscis.gov/forms/h-and-l-filing-fees-form-i-
129-petition-nonimmigrant-worker (last updated Feb. 20, 2018).
Table 12: Proposed IEFA Non-Premium Fees for Forms I-129 and I-140
Total
Asylum
Immigration Benefit Request Proposed Fee Proposed
Program Fee
Fee
I-140 Immigrant Petition for Alien Worker $715 $600 $1,315
The proposed $600 Asylum Program Fee would apply to all fee-paying receipts for
Forms I-129, I-129CW, and I-140. For example, it would apply to all initial petitions, changes of
status, and extensions of stay that use Form I-129.
DHS acknowledges that the scope of the proposed fee increases in this rule is significant.
DHS proposes this cost shifting approach with the Asylum Program Fee to place greater
emphasis on the ability-to-pay principle for determining user fees. Petitioners for immigrant and
nonimmigrant workers generally are required to have the resources necessary to pay the
worker(s) for whom the petition is filed, and the fees that the employer must pay USCIS to file a
petition are not significant compared to even a small94 petitioner’s revenue and profit. That
determination is not changed by the proposed Asylum Program Fee.
DHS considered proposing to transfer the costs of other humanitarian programs, such as
the T, U, VAWA, SIJ, and refugee programs, to those who file benefit requests that may be able
to better afford to pay fees. DHS recognizes, however, that we have always spread costs of free
services that USCIS provides across all other fee-paying requests in the past and we have never
directly transferred the costs of one program to another. See, e.g., 85 FR 46869 (stating, “For the
fees that DHS does not limit, we use the total cost for each form to reallocate the cost of limited
fee increases or workload without fees.”); 75 FR 58973 (Stating, “To the extent not supported by
appropriations, the cost of providing free or reduced services must be transferred to all other fee-
paying applicants.”); 72 FR 29865 (stating, “As with any other waiver, the loss of that fee
revenue would necessarily be spread across all other benefit applications and petitions, having
94Small is defined by U.S. Small Business Administration Guidelines. See Small Entity Analysis for the FY22/23
U.S. Citizenship and Immigration Services Fee Schedule Proposed Rule in Supporting Documents.
the potential to increase those fees.”). After considering the impact on all of the fees calculated
by the model, DHS is proposing that the Asylum Program Fee for Forms I-129 and I-140 is the
appropriate place to shift some of the costs of the asylum.
DHS does not propose this Asylum Program Fee without having carefully considered its
implications and effects. DHS realizes that some petitioners will object to funding the costs of
USCIS-administered programs to which they have no connection or from which they receive no
direct benefit. DHS is committed to reducing barriers and promoting accessibility to immigration
benefits, and knows that the beneficiaries of Forms I-129 and I-140 fuel our economy, contribute
to our arts, culture, and government, and have helped the United States lead the world in science,
technology, and innovation. DHS is also aware that Forms I-129 and I-140 are submitted by non-
profit entities, organizations performing research for government agencies, as well as farms,
small businesses, and individuals. DHS appreciates that non-profit or small entities may not have
the same level of financial resources as many large, for-profit corporations that also submit
petitions for foreign workers. In our Small Entity Analysis (SEA) for this proposed rule, we
provide samples of the I-129 and I-140 forms, and how the fees may impact the small entities
with the Asylum Program Fee. Within the SEA, DHS determined the average impacts to
employers who file a petition based on their total revenue and profits. For Form I-129,
approximately 90 percent of the small entities in the sample experienced an economic impact of
less than 1 percent of their reported revenue. For Form I-140, approximately 98 percent of the
small entities in the sample experienced an economic impact of less than 1 percent of their
reported revenue. USCIS acknowledges that those small entities with greater than 1 percent
impact may file fewer petitions as a result of this proposed rule. As previously indicated, the
success of the USCIS fee model and this rulemaking in generating the necessary revenue
depends on the filing volumes not falling short of those projected herein. At the same time,
USCIS is charged with administering the asylum program using fee revenue and must make
considered judgments about how to fund it using available and appropriate means. Balancing
both of those goals, and considering the resources of the Form I-129 and I-140 filing
communities, DHS decided to propose this surcharge. DHS will re-evaluate the Asylum Program
Fee based on the status of the Asylum Processing IFR and any funding appropriated for it when
DHS develops its final fee rule.
C. Exclusion of Temporary or Uncertain Programs

As stated in section V.B.1.b. of this preamble, the success of the fees established by this
rulemaking in providing the funding necessary to sustain USCIS service levels depends on the
projected volume of fee-paying requests filed after this rule takes effect being at or near the level
projected. If a program is ended, is partially curtailed, or substantially declines, USCIS is at risk
of not achieving the projected and necessary revenue. Therefore, USCIS excludes from the fee
calculation model the costs and revenue associated with programs that are temporary by
definition or where it is possible that the program will diminish or cease to exist. This exclusion
includes Form I-821, Application for Temporary Protected Status, and Form I-821D,
Consideration of Deferred Action for Childhood Arrivals, as well as the Form I-765 filings and
biometrics fees associated with both programs.
DHS excludes projected revenue from expiring or temporary programs in setting the fees
required to support baseline operations due to the uncertainty associated with such programs. For
example, the Secretary may designate a foreign country for TPS due to conditions in the country
that temporarily prevent the country's nationals from returning safely, or in certain circumstances
where the country is temporarily unable to adequately handle the return of its nationals. TPS,
however, is a temporary benefit, and TPS designations may be terminated. See INA sec.
244(b)(3)(B), 8 U.S.C. 1254a(b)(3)(B). Likewise, DACA allows certain individuals who meet
specific guidelines to request consideration of deferred action from USCIS for a specified period
unless terminated. DACA is an administrative exercise of enforcement discretion and is
implemented at the discretion of DHS, given that it has insufficient resources to enforce the
immigration laws against every noncitizen without lawful immigration status. Because DACA is
temporary act of enforcement discretion and may be terminated, it is excluded from this fee
review, as discussed further in the next section.
DHS excludes the costs and revenue associated with these programs because program
eligibility is subject to the discretion of the Department. Because the future of these programs is
difficult to predict, as discussed later in this section, USCIS has excluded the cost and workload
of these programs from the fee review and does not propose to allocate overhead and other fixed
costs to these workload volumes. This mitigates an unnecessary revenue risk. In other words, if
DHS established the USCIS fee schedule based on revenue from these programs, and the eligible
programs diminish or cease to exist, USCIS will not realize the projected revenue and would not
have enough revenue to recover full cost of overhead and other fixed costs. USCIS analyzes
variable unit costs associated with processing these benefit types and uses volume forecasts to
exclude their costs from the fee review budget and ABC model.
All fee revenue deposited into the IEFA is pooled and collectively used to finance USCIS
operations including DACA, TPS, and other temporary programs. USCIS also responds to
surges in customer demand for services by realigning resources to cover the cost of processing.
Consequently, USCIS is capable of funding these programs even though their costs are not
included in the fee review budget or ABC model. By excluding programs that are temporary by
nature, DHS maintains the integrity of the ABC model, better ensures recovery of full costs, and
mitigates revenue risk from unreliable sources. This approach is consistent with prevailing
guidance on the subject as stated by Principle 6 of the Government Accountability Office (GAO)
Greenbook, Standards for Internal Control in the Federal Government (“The Greenbook”).95
Principle 6 provides guidance on objectives and risks and advises managers to determine the
acceptable level of variation in performance relative to the achievement of objectives. For
95The Green Book sets internal control standards for Federal entities. Internal control is a process used by
management to help an entity achieve its objectives, run its operations efficiently and effectively, report reliable
information about its operations and comply with applicable laws and regulations. See GAO, Standards for Internal
Control in the Federal Government (Sep. 10, 2014), https://www.gao.gov/products/gao-14-704g.
example, in FY 2020, there were 647,278 active DACA recipients. See 86 FR 53785. DHS
estimates that there will be 720,093 active DACA recipients in FY 2023.96 If DHS were to
include the DACA renewals in the fee review, it would be one of the larger populations. For
example, in FY 2023, USCIS estimates that 573,563 individuals will request either initial or
renewal DACA.97 However, on October 5, 2022, the U.S. Court of Appeals for the Fifth Circuit
affirmed, in part, a July 2021 decision of the U.S. District Court for the Southern District of
Texas declaring the 2012 DACA policy unlawful, but remanded the case to the District Court for
further consideration of the recently published DACA final rule.98 TPS volumes can vary
significantly by fiscal year. In FY 2022, USCIS collected approximately $5.6 million in revenue
for Form I-821, and USCIS forecasts 626,770 receipts for Form I-821 in FY 2023. Nevertheless,
DHS cannot predict the disasters or crises that lead to new TPS designations. DHS can reliably
predict TPS renewals if existing designations are not terminated; however, renewals are often on
an 18-month cycle that does not align with Federal fiscal years. Including volume forecasts that
are so variable by fiscal year may result in inaccurate fee calculations, especially over a long
term. As such, DHS determined that including temporary or uncertain programs in the fee
structure would exceed an acceptable level of risk for the success of this fee rule. Adding TPS
and DACA costs, volumes, and revenue to the fee review would lower the fee for Form I-765 if
its fee is calculated to recover full cost. However, if a certain country’s TPS designation is
terminated or if DACA ceases, basing the Form I-765 fee on that projected value leaves USCIS
96 87 FR 53275 (Aug. 30, 2022).

97 87 FR 53277 (Aug. 30, 2022).
98 Texas v. United States, 50 F.4th 498 (5th Cir. 2022). The Fifth Circuit, however, preserved the partial stay issued
by the district court in July 2021 (Texas v. United States, 549 F. Supp. 3d 572, 624 (S.D. Tex. 2021) while the case
is on remand to the District Court for further proceedings regarding the new DACA rule. While the stay remains in
place, current grants of DACA and related Employment Authorization Documents are valid. USCIS will accept and
process renewal DACA requests but not process initial DACA requests.
at a risk of not achieving projected revenue and the objectives of this proposed rule. Thus,
consistent with four previous fee rules, DHS proposes to exclude from this rule the costs and
revenue from programs that are susceptible to large reductions in filing volume.
D. Consideration of DACA Rulemaking

On August 30, 2022, DHS published a final rule, Deferred Action for Childhood
Arrivals, 87 FR 53152 (DACA rule). DHS has considered this rule and the DACA rule’s
possible effects on each other when developing this proposed rule. Because the specific costs and
revenue associated with DACA are not separately identified in this proposed rule, each rule is
independent and DHS estimates that the DACA rule will have no effects on this rule or vice
versa. The DACA rule interacts with this rule only to the extent that the DACA rule established
an $85 fee for Form I-821D at 8 CFR 106.2(a)(38) and this rule proposes to move that fee to 8
CFR 106.2(a)(49).
E. Fee-Related Issues for Consideration

DHS identified a number of issues that do not affect the FY 2022/2023 fee review but do
merit some discussion. DHS does not propose any changes related to the issues discussed in this
section. USCIS may discuss these issues in future biennial fee reviews or in conjunction with
other USCIS fee rules. To better inform this and future fee-setting policies and rules, DHS
welcomes comments on all facets of the FY 2022/2023 fee review, this proposed rule, and
USCIS fees in general, regardless of whether changes have been proposed here.
1. Accommodating E-filing and Form Flexibility
DHS attempts, as it did in the FY 2010/2011 fee rule, FY 2016/2017 fee rule, and the
2020 fee rule, to propose fees based on form titles instead of form numbers to avoid prescribing
fees in a manner that could undermine the adoption by USCIS of electronic processing. See
proposed 8 CFR part 106. Form numbers are included for informational purposes but are not
intended to restrict the ability of USCIS to collect a fee for a benefit request that falls within the
parameters of the adjudication for which the fee is published. DHS has worked for over a decade
to remove unnecessary administrative and procedural provisions from title 8 of the CFR so as not
to face restrictions such as using a certain form number for a benefit request codified with the
force of law. As USCIS modernizes its processes and systems to allow more applicants,
petitioners, and requestors to file benefit requests online, the agency may collect fees for
immigration benefit requests that do not have a form number or do not have the same form
number as described in regulations. This could occur, for example, if USCIS developed an online
version of a request that individuals often submit with applications for employment
authorization. In this situation, USCIS may find it best to consolidate the two requests without
separately labeling the different sections related to the relevant form numbers. DHS would still
collect the required fee for the underlying immigration benefit request as well as the request for
employment authorization, but the actual online request would not necessarily contain form
numbers corresponding to each separate request.
Similarly, USCIS may determine that efficiency would be improved by breaking a paper
form into separate paper forms. For instance, USCIS could separate Form I-131, Application for
Travel Document, into a separate form and form number each for advance parole, humanitarian
parole, refugee travel documents, or re-entry permits. In this example, USCIS could continue to
charge the current Form I-131 fee for each separate form. This structure permits USCIS to
change forms more easily without having to perform a new fee review each time the agency
chooses to do so.
2. Processing Time Outlook
As discussed in the Projected Cost and Revenue Differential section of this preamble,
USCIS anticipates having insufficient resources to process its projected workload absent this fee
rule. For FY 2022/2023, USCIS estimates that backlogs will continue to grow in the absence of
additional resources. Although USCIS has implemented measures to reduce the backlog as
described in section IX.C., USCIS net processing backlogs have grown from approximately 1.4
million cases in December 2016, when DHS last adjusted IEFA non-premium fees, to
approximately 8.0 million cases at the end of September 2021.99 On top of these pre-existing
strains on USCIS, the COVID-19 pandemic constrained USCIS adjudication capacity by limiting
the ability of USCIS to schedule normal volumes of interviews and biometrics appointments
while maintaining social distancing standards, contributing to the backlog. Further, USCIS
believes that the growing complexity of case adjudications in past years, including prior
increases in the number of interviews required and request for evidence (RFE) volumes, has
contributed to higher completion rates and growing backlogs. See section V.B.2, Completion
Rates.
USCIS is reviewing its adjudication and administrative policies to find efficiencies, while
strengthening the integrity of the immigration system. This entails evaluating the utility of
interview requirements, biometrics submission requirements, RFEs, deference to previous
decisions, and other efforts that USCIS believes may, when implemented, reduce the amount of
adjudication officer time required, on average, per case. Any improvements in these completion
rates would, all else equal, reduce the number of staff and financial resources USCIS requires.
Furthermore, USCIS is actively striving to use its existing workforce more efficiently, by
investigating ways to devote a greater share of adjudication officer time to adjudications, rather
than administrative work. All else being equal, increasing the average share of an officer’s time
spent on adjudication (that is, utilization rate) would increase the number of adjudications
completed per officer and reduce USCIS’ overall staffing and resource requirements. USCIS
based its fee review largely on existing data that do not presume the outcome of these initiatives.
USCIS cannot assume significant efficiency gains in this rule, in advance of such efficiency
gains being measurably realized. Establishing more limited fees to account for estimated future
efficiency could result in a deficient funding, and USCIS would not be able to meet its
operational requirements. In contrast, if USCIS ultimately receives the resources identified in
99See USCIS, Number of Service wide Forms By Quarter, Form Status, and Processing Time Fiscal Year 2021,
Quarter 4, https://www.uscis.gov/sites/default/files/document/data/Quarterly_All_Forms_FY2021Q4.pdf (last
visited Jan. 11, 2022).
this proposed rule and subsequently achieves significant efficiency gains, this could result in
backlog reductions and shorter processing times. Those efficiency improvements would then be
considered in future fee reviews.
As explained in the FY 2022/2023 Cost Projections section of this preamble, projected
workloads for FY 2022 and FY 2023 exceed current processing capacity. Therefore, USCIS
requires additional resources and staff to increase its processing capacity to match projected
receipt volumes and ensure that backlogs do not continue to grow. Through the adjustments to
the fee schedule proposed in this rule, USCIS expects to collect sufficient fee revenue to fund
additional staff who will support the estimated FY 2022/2023 processing capacity requirements.
While USCIS is committed to reducing processing times and the current backlog, DHS will not
compromise the integrity of the immigration system and safeguarding national security.
VI. Fee Waivers
A. Background
The fee-setting authority in INA sec. 286(m), 8 U.S.C. 1356(m), states that “[f]ees 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.” That
provision does not require that USCIS charge a fee for all of its services, and it provides that
USCIS may set fees at less than full cost or provide services for free. DHS has long understood
this provision to authorize DHS to fund or subsidize discounted or free USCIS operations
through the fees charged to other unrelated filings. DHS has exercised its discretion to provide
free services in a number of ways, such as providing that a fee may be waived for eligible filers
upon request, by codifying “no fee,” setting a $0 fee, or simply leaving the fee regulations silent
and not codifying a fee for a particular service that it provides.

Currently, USCIS may waive the fee for certain immigration benefit requests when the
individual requesting the benefit is unable to pay the fee. See 8 CFR 103.7(c) (Oct. 1, 2020). To
request a fee waiver, the individual must submit a written waiver request for permission to have
their benefit request processed without payment. Under the current regulation, the waiver request
must state the person’s belief that they are entitled to or deserving of the benefit requested and
the reasons for their inability to pay and include evidence to support the reasons indicated. See 8
CFR 103.7(c)(2) (Oct. 1, 2020). There is no appeal of the denial of a fee waiver request. See id.
However, Form I-912 may be resubmitted with additional evidence if the fee waiver request is
denied.
Following the 2010 fee rule, USCIS also issued guidance to the field to streamline fee
waiver adjudications and make them more consistent among offices and form types nationwide.
See Policy Memorandum, PM-602-0011.1,100 Fee Waiver Guidelines as Established by the Final
Rule of the USCIS Fee Schedule; Revisions to Adjudicator’s Field Manual (AFM) Chapter 10.9,
AFM Update AD11-26 (Mar. 13, 2011) (“Fee Waiver Policy”). This guidance clarifies what
measures of income can be used and the types of documentation that are acceptable for
individuals to present as demonstration that they are unable to pay a fee when requesting a fee
waiver. In June 2011, USCIS issued the Request for Fee Waiver, Form I-912, which is an
optional standardized form with instructions that can be used to request a fee waiver in
accordance with the fee waiver guidance.101
DHS has always implemented fee waivers for USCIS applicants based on need, and since
2007, has rejected the filing of fee waivers by individuals that have the financial means to pay
required fees for the status or benefit sought. See 72 FR 4912 (Feb. 1, 2007). The William
100USCIS, PM 602.0011.1 (March 13, 2011) available at

https://www.uscis.gov/sites/default/files/document/memos/FeeWaiverGuidelines_Established_by_the_Final%20Rul
e_USCISFeeSchedule.pdf.
101 The form and its instructions may be viewed at http://www.uscis.gov/i-912.
Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (TVPRA)102 requires
DHS to permit certain categories of applicants to apply for fee waivers for “any fees associated
with filing an application for relief through final adjudication of the adjustment of status.”103
DHS interprets “any fees associated with filing an application for relief through final
adjudication of the adjustment of status”104 to mean that, in addition to the main immigration
benefit request (such as Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant,
Form I-914, Application for T Nonimmigrant Status, or Form I-918, Petition for U
Nonimmigrant Status), these categories of applicants must have the opportunity to request a fee
waiver for any form associated with the main benefit application up to and including the
adjustment of status application.105
B. The 2020 Fee Rule Waiver Changes

As stated in section IV of this preamble, each fee review plans for a certain level of fee
waivers, fee exemptions, and other fee-paying policy decisions. DHS sets IEFA fees to recover
estimated full cost, including the estimated cost of fee-waived and fee-exempt work. Applicants,
petitioners, and requestors who pay a fee cover the cost of processing their own requests plus the
costs of requests that are fee exempt, fee waived, or fee reduced. In prior years, USCIS fees have
given significant weight to the ability-to-pay principle. However, on October 25, 2019, DHS
revised USCIS fee waiver policies and Form 1-912, including by requiring fee waiver applicants
to use the revised Form I-912, requiring waiver applicants to submit tax transcripts to
demonstrate income, and not accepting evidence of receipt of a means-tested public benefit as
evidence of inability to pay as described (“the 2019 Fee Waiver Revisions”). See USCIS Policy
See title II, subtitle A, sec. 201(d)(3), Pub. L 110-457, 122 Stat. 5044 (2008); INA sec. 245(l)(7), 8 U.S.C.
102
1255(l)(7).
103 See id.
104 See id.
105Certain USCIS forms are not listed in 8 CFR 103.7(b) and therefore have no fee. See proposed 8 CFR 106.2 for
proposed fees.
Manual Alert, Fee Submission of Benefit Requests, PA 2019-06 (October 25, 2019).106 This
guidance was effective December 2, 2019. Form I-912 was updated and submitted for a 30-day
comment period on June 5, 2019,107 and subsequently approved by OMB on October 24, 2019.108
While the 2019 Fee Waiver Revisions took effect on December 2, 2019, the United States
District Court for the Northern District of California preliminarily enjoined them in City of
Seattle, No. 3:19-CV-07151-MMC, on December 11, 2019. USCIS then reverted to using the
previous policy and form.
Subsequently, in the FY 2019/2020 fee review, DHS limited fee waivers in the 2020 fee
rule to immigration benefit requests for which USCIS is required by law to consider a fee waiver
or where the USCIS Director exercised favorable discretion. 8 CFR 106.3(a)(1) (Oct. 2, 2020).
The 2020 fee rule also limited fee waivers to individuals who have an annual household income
of less than 125 percent of the Federal Poverty Guidelines (FPG) as defined by the U.S.
Department of Health and Human Services (HHS). 8 CFR 106.3(c) (Oct. 2, 2020). In addition,
the USCIS Director’s discretion to grant a waiver was limited to: (1) an individual who had an
annual household income at or below 125 percent of the FPG as defined by HHS; (2) was
seeking an immigration benefit for which they were not required to submit an affidavit of
support under INA sec. 213A, 8 U.S.C. 1183a, or were not already a sponsored immigrant as
defined in 8 CFR 213a.1; and (3) was seeking an immigration benefit for which they were not
subject to the public charge inadmissibility ground under INA sec. 212(a)(4), 8 U.S.C.
1182(a)(4). 8 CFR 106.3(b) (Oct. 2, 2020). The 2020 fee rule required that a person must submit
a request for a fee waiver on the form prescribed by USCIS. 8 CFR 106.3(d) (Oct. 2, 2020).
Finally, the 2020 fee rule prescribed the acceptable documentation of gross household income
106Available at https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20191025-
FeeWaivers.pdf.
107 See 84 FR 26137 (June 5, 2019).
See OMB Notice of Action available at https://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=201910-1615-
108
006#.
that a person submitting a request for a fee waiver must submit. 8 CFR 106.3(f) (Oct. 2, 2020).
As noted above, the 2020 fee rule was preliminarily enjoined before its effective date.
As stated in Section IV, DHS has determined that the 2020 fee rule’s changes to fee
waiver and fee exemption requirements would adversely impact the ability of those who may be
less able to afford the proposed fees to seek an immigration benefit for which they may be
eligible. Therefore, in this rule, DHS is proposing to maintain previous regulations for fee
waivers and add fee exemptions to address accessibility and affordability. DHS acknowledges
that shifting away from the beneficiary-pays approach taken in the 2020 fee rule and reverting to
the agency’s historical practice of emphasizing the ability-to-pay principle allocates costs away
from individuals who are exempt from paying fees or have their fees waived, and results in some
fees being higher than the estimated cost of providing the associated service. Nevertheless, DHS
has determined that these proposed fee waiver regulations are reasonable, authorized by statute,
and consistent with the policy goal of making immigration benefits affordable to the public while
providing USCIS with adequate funding for its services.
C. Inability to Pay
DHS does not propose to change fee waiver eligibility based on an inability to pay, and
will maintain the 2011 Fee Waiver Policy criteria that established a streamlined process where
USCIS could waive the entire fee and the biometric services fee (if applicable) for forms listed in
the 8 CFR 103.7(c)(3) (Oct. 1, 2020).109 Applicants would still be eligible for fee waivers if the
form is listed in proposed 8 CFR 106.3(a)(3) and the applicant demonstrates that they meet at
least one of the following criteria:
 Is receiving a means-tested benefit;
109See U.S. Citizenship and Immigr. Servs., U.S. Dep’t of Homeland Security, Policy Memorandum, PM-602-
0011.1, “Fee Waiver Guidelines as Established by the Final Rule of the USCIS Fee Schedule; Revisions to
Adjudicator’s Field Manual (AFM) Chapter 10.9, AFM Update AD11-26” (Mar. 13, 2011),
https://www.uscis.gov/sites/default/files/document/memos/FeeWaiverGuidelines_Established_by_the_Final%20Rule
_USCISFeeSchedule.pdf; AFM Chapter 10.9(b).
 Had a household income at or below 150 percent of the FPG; or
 Is experiencing extreme financial hardship, such as unexpected medical bills or
emergencies.
The FPG, as annually published by the U.S. Department of Health and Human
Services110 increases the latest updated Census Bureau poverty thresholds by the relevant
percentage change in the Consumer Price Index for All Urban Consumers (CPI-U). Census
Bureau income thresholds vary by family size and composition. If a family's total income is less
than the family's threshold, then every individual in that family is considered to be living in
poverty. The official poverty definition uses money income before taxes and does not include
capital gains or noncash benefits (public benefits).111 The 2020 Poverty Guidelines for the 48
Contiguous States and the District of Columbia was $12,760 for a household of one and $26,200
for a household of four.112
DHS considered the use of other measures of ability to pay for administration of its fee
waiver policies based on input provided by stakeholders and due to concerns about the continued
upward trend in the number and dollar amounts of fee waivers approved since the three-step
eligibility process and Form I-912 were introduced. For example, besides the FPG and increasing
the percentage reviewed, DHS looked at using the United States Department of Housing and
Urban Development (HUD) Median Family Income (MFI)113 estimates. The median household
income for 2020 was $67,521 in the United States.114 HUD Income Limits calculations include
110See Annual Update of the HHS Poverty Guidelines (87 FR 3315, Jan 21, 2022), available at
https://www.federalregister.gov/documents/2022/01/21/2022-01166/annual-update-of-the-hhs-poverty-guidelines.
See How the Census Bureau Measures Poverty, available at https://www.census.gov/topics/income-
111
poverty/poverty/guidance/poverty-
measures.html#:~:text=Poverty%20Thresholds%3A%20Measure%20of%20Need,and%20age%20of%20the%20me
mbers (last visited April 19, 2022).
112See Annual Update of the HHS Poverty Guidelines (86 FR 3060, Jan 17, 2020), available at
https://www.federalregister.gov/documents/2020/01/17/2020-00858/annual-update-of-the-hhs-poverty-guidelines.
113See HHS, Office Of Policy Development And Research (Pd&R), Income Limits, available at
https://www.huduser.gov/portal/datasets/il.html (last visited 10/26/2021). USCIS fee waiver eligibility for receipt of
a means-tested benefit includes through HUD-related housing public benefits.
114See U.S. Census Bureau, Income and Poverty in the United States: 2020 (September 14, 2021) available at
https://www.census.gov/library/publications/2021/demo/p60-273.html (last visited 04/19/2022).
the median family incomes for each area. HUD uses the Section 8 (housing choice voucher)
program’s Fair Market Rent (FMR)115 area definitions in developing median family incomes.116
After careful consideration, DHS proposes to maintain the use of the FPG for determining
income thresholds for USCIS fee waiver purposes for several reasons. First, the FPG ensures a
consistent national standard for income thresholds as HHS is required to update the FPG at least
annually, adjusting them based on the Consumer Price Index for All Urban Consumers (CPI-U).
The MFI and other thresholds vary greatly by area and require a specific calculation by state and
county and, accordingly, relying on them would increase administrative costs. Second, it
promotes consistency between fee waivers and numerous other Federal programs that utilize the
FPG as an eligibility criterion, including Medicaid. The MFI is specifically used for HUD
benefits and the calculation changes based on the area, so additional calculations would need to
be done in order to determine eligibility. Thirdly, USCIS has used the FPG since putting the
streamlined fee waiver request and approval process in place over a decade ago, has been
effectively used, and its continued use would limit confusion.117 In addition, DHS believes that
the using FPG minimizes confusion for the public and USCIS employees in determining income
thresholds for fee waiver eligibility. DHS has determined that use of the FPG for determining
income thresholds affords consistency for administering a nationwide benefits program that other
income guidelines do not, preserves the accessibility and affordability of immigration benefits
for those who are eligible and may be less able to afford the proposed fees, and does not result in
unmanageable levels of unfunded immigration services that must be borne by other fees.
115See 24 CFR 888.113 are estimates of 40th percentile gross rents for standard quality units within a metropolitan
area or nonmetropolitan county. See Fair Market Rents (40th Percentile Rents) available at
https://www.huduser.gov/portal/datasets/fmr.html (last visited 4/19/2022).
116See Methodology for Determining Section 8 Income Limits available at
https://www.huduser.gov/portal/datasets/il//il21/IncomeLimitsMethodology-FY21.pdf (last visited 4/19/2022).
117As noted in the FY 2016/2017 fee rule, estimates of foregone revenue from fee waivers and exemptions increased
markedly, from $191 million in the FY 2010/2011 fee review to $613 million in the FY 2016/2017 Fee Review. See
81 FR 73307. Since 2017, the upward trend in the amount of fee revenue foregone has since subsided. See Appendix
V – Fee Waivers of the supporting documentation in this docket for historical trends from FY 2014 to FY 2020; the
graph excludes the cost of fee exemptions.
D. USCIS Director’s Discretionary Fee Waivers and Exemptions
The FY 2010/2011 fee rule also authorized the USCIS Director to approve and suspend
exemptions from fees or provide that the fee may be waived for a case or class of cases that is
not otherwise provided in the 8 CFR 103.7(c) (Oct. 1, 2020). See 75 FR 58990 (Sept.24, 2010); 8
CFR 103.7(d) (Oct. 1, 2020). DHS proposes to retain the authority in regulations for the Director
of USCIS to provide exemptions from or waive any fee for a case or specific class of cases, if the
Director determines that such action would be in the public interest and the action is consistent
with other applicable law. See 8 CFR 103.7(d) (Oct. 1, 2021); proposed 8 CFR 106.3(c).
Previous USCIS Directors have used this authority to permit fee waivers or provide fee
exemptions for specific categories and groups of immigrants.118 DHS further proposes to
maintain the current provision’s limitation on the delegation of this authority to waive or exempt
fees to the Deputy Director. Id. In the 2020 fee rule, DHS had proposed to limit the USCIS'
Director's authority to issue fee waivers and exemptions based on categories of applicants such
as asylee, refugees, national security or emergencies or natural disasters. See 8 CFR 106.3(b) and
(e).119 DHS believes that maintaining the authority for this extraordinary relief with the leaders
of USCIS will ensure that it is consistently administered and not handled in a way that could
impair USCIS fee revenue or shift significant costs among benefit requests by policy outside of
rulemaking.
E. Requirement to Submit Fee Waiver Form

In addition, DHS proposes that fee waiver requests must be submitted on the form
prescribed by USCIS, Form I-912, Request for Fee Waiver. Proposed 8 CFR 106.3(a)(2).
Currently, requests for fee waivers may be made via a written request submitted with evidence of
eligibility. Less than one percent of the fee waivers requests are submitted through a written
118For example, See, DHS Announces Fee Exemptions, Streamlined Processing for Afghan Nationals as They
Resettle in the U.S. (Nov. 8, 2021), available at https://www.uscis.gov/newsroom/news-releases/dhs-announces-fee-
exemptions-streamlined-processing-for-afghan-nationals-as-they-resettle-in-the-us (last visited 04/19/2022). An
individual is not permitted to independently submit a request to the USCIS Director to exempt or waive a fee.
119 See 85 FR 46920 (Aug 3, 2020).
request instead of Form I-912.120 Some written fee waiver requests may be denied because they
do not provide sufficient information for USCIS to adjudicate the request. DHS believes that
requiring Form I-912 will ensure that the information required to make a fee waiver
determination is provided and may result in fewer rejections due to insufficient or incomplete
requests.
DHS realizes that requiring the form instead of allowing a written statement with
documentation may be an additional burden. Adjudicating ad hoc fee waiver requests, however,
has proven to be difficult for USCIS due to the varied quality and information provided in such
standalone letter requests. Form I-912 has an estimated time of completion of one hour and ten
minutes, and it provides standardization that will assist USCIS in review of requests. Because
DHS has determined that requiring the form will reduce rejections, DHS believes that any added
burden is warranted and in the long term will assist applicants and limit future burdens.
F. Form and Policy Changes

As discussed in the Paperwork Reduction Act section of this rule, DHS is proposing
changes to the information collection requirements121 associated with Form I-912 to clarify the
following policies:
 The burden of proof for inability to pay is based on a preponderance of the evidence. An
officer may grant a request for fee waiver in the absence of some of this documentation
so long as the available documentation supports that the requestor is more likely than not
to be unable to pay the fee.
 A child’s receipt of public housing assistance, such as public housing or Section 8, will
be acceptable as required evidence of the parent’s eligibility for a fee waiver when the
parent resides in the same residence.
120 See the Regulatory Impact Analysis, sec. O, Fee Waivers, for further discussion. A total of 29 letters were
submitted in lieu of Form I-912 in 2017, .07 percent of the total.
121 DHS is proposing these policy changes in guidance and in in form instructions and not codifying them in this rule
as regulations but marks those changes in the supporting documents in the docket for the public to review.
 The documentary requirements for humanitarian categories of fee waiver requestors will
include that:
o Requestors seeking a fee waiver for any immigration benefit associated with or
based on a pending or approved petition or application for VAWA benefits or T
or U nonimmigrant status do not need to list the following people as household
members or provide income information for:
 Any person in the household who is or was the requestor’s abuser, human
trafficker, or perpetrator; or
 A person who is or was a member of the abuser, human trafficker, or
perpetrator’s household.
o Financial hardships that qualify an applicant for a fee waiver may result from, but
are not limited to the following examples:
 A medical emergency or catastrophic illness affecting the noncitizen or the
noncitizen’s dependents;
 Unemployment;
 Significant loss of work hours and wages (change in employment status);
 Eviction;
 Homelessness;
 Military deployment of spouse or parent;
 Natural disaster;
 Loss of home (destruction such as fire, water, or collapse);
 Inability to pay basic utilities and rent or mortgage (payments and bills for
each month are more than the monthly wages);
 Substantial financial losses to a small business that affect personal income;
 Victimization;
 Divorce or death of a spouse that affects overall income; or

 Situations that could not normally be expected in the regular course of life
events.
o A requestor may submit tax returns, a W-2, or pay stubs to establish household
income.
o If the requestor has no income due to unemployment, homelessness, or other
factors, the requestor may provide, as applicable:
 A detailed description of the financial situation that demonstrates
eligibility for the fee waiver;
 Hospital bills, or bankruptcy documents;
 If the requestor is receiving support services, an affidavit from a religious
institution, non-profit, hospital, or community-based organization
verifying the person is currently receiving some benefit or support from
that entity and attesting to the requestor’s financial situation; or
 Evidence of unemployment, such as a termination letter or unemployment
insurance receipt.
These proposed policy changes are aimed at reducing the public burden and clarifying the
types of documents and applicant can provide with the form. These changes are also responsive
to the comments and suggestions provided by the public in the RPI. DHS believes that making
these policy changes will provide additional guidance to the public on eligibility and will clarify
requirements for vulnerable populations.
G. Request for Comments

DHS welcomes comment on the proposed changes to additional fee waivers which may
include additional categories of petitioners, applicants or forms.
In addition, while DHS proposes no changes to the fee waiver criteria, the Department
specifically requests comments on the appropriate level of income that should be used by an
applicant who is unable to pay their fee and data to support that suggested level or measure.
DHS also welcomes comments on requiring Form I-912 for all fee requests and on
alternatives for reducing rejections based on lack of information or documentation with a written
request.
VII. Fee Exemptions
As stated in section VI.A., DHS may provide services for free and fund those free
services with the fees charged to other, unrelated filings. DHS has exercised its discretion to
provide free services by providing that a fee may be waived upon request, or by codifying “no
fee,” setting a $0 fee, or not codifying a fee for a particular service that USCIS administers. DHS
is proposing to maintain fee exemptions currently being applied and provide new fee exemptions
in this rule as follows.
A. Codification of Benefit Requests with No Fees and Exemptions of Certain Categories or

Classifications from Fees
DHS proposes to codify several longstanding fee exemptions that are currently provided
through policy guidance documents, such as form instructions, the USCIS policy manual, or
similar directives, but not in regulations, including the following:122
 Form I-90, Application to Replace Permanent Resident Card. No fee if the
applicant was issued a card but never received it, or if the applicant’s card was
issued with incorrect information because of DHS error. Proposed 8 CFR
106.2(a)(1)(iv).
 Form I-102, Application for Replacement/Initial Nonimmigrant Arrival-
Departure Document. No fee for initial filings for a nonimmigrant member of
the U.S. armed forces, for a nonimmigrant member of the North Atlantic Treaty
Organization (NATO) armed forces or civil component; for a nonimmigrant
member of the Partnership for Peace military program under the Status of Forces
122Application for Commonwealth of the Northern Mariana Islands (CNMI) Long-Term Resident Status (Form I-
955) is not included in this list because USCIS only accepted applications for initial CNMI long-term resident status
between February 19, 2020 and August 17, 2020. As of August 17, 2020, USCIS no longer accepts any Forms I-
955.
Agreement; and for replacement for DHS error. Proposed 8 CFR 106.2(a)(2)(i)
through (iv).
 Form I-129CWR, Semiannual Report for CW-1 Employers. Proposed 8 CFR
106.2(a)(4)(ii).
 Form I-131, Application for Travel Document. Proposed 8 CFR 106.2(a)(7)(v).
No fees for parole requests from current or former U.S. armed forces service
members.
 Form I-134, Declaration of Financial Support. Proposed 8 CFR 106.2(a)(9).
 Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. DHS
proposes no fee for the following:
o A petition for Special Immigrant Juvenile (SIJ) classification, Proposed 8
CFR 106.2(a)(16)(iii); and
o A petition for a person who served honorably on active duty in the U.S.
armed forces filing under INA sec. 101(a)(27)(K). Proposed 8 CFR
106.2(a)(16)(v).
 Form I-361, Affidavit of Financial Support and Intent to Petition for Legal
Custody for Public Law 97-359 Amerasian. Proposed 8 CFR 106.2(a)(17).
 Form I-363, Request to Enforce Affidavit of Financial Support and Intent to
Petition for Legal Custody for Public Law 97-359 Amerasian. Proposed 8 CFR
106.2(a)(18).
 Form I-407, Record of Abandonment of Lawful Permanent Resident Status.
Proposed 8 CFR 106.2(a)(19).
 Form I-485J, Confirmation of Bona Fide Job Offer or Request for Job Portability
Under INA Section 204(j). Proposed 8 CFR 106.2(a)(22).
 Form I-508, Request for Waiver of Certain Rights, Privileges, Exemptions, and
Immunities. Proposed 8 CFR 106.2(a)(23).

 Form I-539, Application to Extend/Change Nonimmigrant Status for
nonimmigrant A, G, and NATO and T nonimmigrant. Proposed 8 CFR
106.2(a)(25)(iii)(A).
 Form I-566, Interagency Record of Request – A, G, or NATO Dependent
Employment Authorization or Change/Adjustment To/From A, G, or NATO
Status. Proposed 8 CFR 106.2(a)(26).
 Form I-589, Application for Asylum and for Withholding of Removal. Proposed
8 CFR 106.2(a)(27).
 Form I-590, Registration for Classification as a Refugee. Proposed 8 CFR
106.2(a)(28).
 Form I-600, Petition to Classify Orphan as an Immediate Relative. DHS
proposes no fee for the first Form I-600 filed for a child based on an approved
Form I-600A, Application for Advance Processing of an Orphan Petition, during
the Form I-600A approval or extended approval period. Proposed 8 CFR
106.2(a)(29)(i).
 Form I-601, Application for Waiver of Grounds of Inadmissibility. DHS
proposes to move the current fee exemption for concurrently filing a Form I-601
for certain reasons in 8 CFR 245.1(f) to the fee provision for the Form I-601.
 Form I-602, Application by Refugee for Waiver of Grounds of Inadmissibility.
 Form I-693, Report of Medical Examination and Vaccination Record. Proposed
8 CFR 106.2(a)(38).
 Form I-730, Refugee/Asylee Relative Petition. Proposed 8 CFR 106.2(a)(41).
 Form I-765, Application for Employment Authorization. DHS proposes that no
fee will be charged for an initial EAD for the following:

o Dependents of certain Government and international organizations or
NATO personnel. Proposed 8 CFR 106.2(a)(43)(iii)(B).
o N-8 (Parent of noncitizen classified as SK3) and N-9 (Child of N-8)
nonimmigrants; Proposed 8 CFR 106.2(a)(43)(iii)(C).
o Persons granted asylee status (AS1, AS6). Proposed 8 CFR
106.2(a)(43)(iii)(D).
o Citizens of Micronesia, Marshall Islands, or Palau. Proposed 8 CFR
106.2(a)(43)(iii)(E).
o Persons Granted Withholding of Deportation or Removal. Proposed 8
CFR 106.2(a)(43)(iii)(F).
o Applicants for Asylum and Withholding of Deportation or Removal
including derivatives. Proposed 8 CFR 106.2(a)(43)(iii)(G).
o Taiwanese dependents of Taipei Economic and Cultural Representative
Office E-1 employees. Proposed 8 CFR 106.2(a)(43)(iii)(H).
o A Request for replacement EAD based on USCIS error. Proposed 8 CFR
106.2(a)(43)(iv).
o For a renewal or replacement EAD for the following:
 Dependents of certain foreign government, international
organization, or NATO personnel. Proposed 8 CFR
106.2(a)(43)(v)(B);
 Citizens of Micronesia, Marshall Islands, or Palau. Proposed 8
CFR 106.2(a)(43)(v)(C); and
 Persons Granted Withholding of Deportation or Removal.
Proposed 8 CFR 106.2(a)(43)(v)(D).

 Form I-765V, Application for Employment Authorization for Abused
Nonimmigrant Spouse. Proposed 8 CFR 106.2(a)(43)(vi) and 8 CFR
106.3(a)(3)(iii).
 Form I-800, Petition to Classify Convention Adoptee as an Immediate Relative,
for the first Form I-800 filed for a child based on an approved Form I-800A,
Application for Determination of Suitability to Adopt a Child from a Convention
Country, during the Form I-800A approval period or extended approval period.
Proposed 8 CFR 106.2(a)(44)(i)(A).
 Form I-821, Application for Temporary Protected Status. There is no fee for re-
registration. Proposed 8 CFR 106.2(a)(48)(ii).
 Form I-854, Inter-Agency Alien Witness and Informant Record. Proposed 8
CFR 106.2(a)(52).
 Form I-864, Affidavit of Support Under Section 213A of the INA. Proposed 8
CFR 106.2(a)(53).
 Form I-864A, Contract Between Sponsor and Household Member. Proposed 8
CFR 106.2(a)(53)(i).
 Form I-864EZ, Affidavit of Support Under Section 213A of the INA. Proposed 8
CFR 106.2(a)(53)(ii).
 Form I-864W, Request for Exemption for Intending Immigrant’s Affidavit of
Support. Proposed 8 CFR 106.2(a)(53)(iii).
 Form I-865, Sponsor’s Notice of Change of Address. Proposed 8 CFR
106.2(a)(53)(iv).
 Form I-912, Request for Fee Waiver. Proposed 8 CFR 106.2(a)(58).
 Supplement A to Form I-914, Application for Immigrant Family Member of a T-
1 Recipient, and Supplement B to Form I-914, Declaration of Law Enforcement
Officer for Victim of Trafficking in Persons. Proposed 8 CFR 106.2(a)(59).

 Supplement A to Form I-918, Petition for Qualifying Family Member of U-1
Recipient, and Supplement B to Form I-918, U Nonimmigrant Status
Certification. Proposed 8 CFR 106.2(a)(60).
 Form I-942, Request for Reduced Fee, requesting a reduced fee for the
naturalization application Form N-400. Proposed 8 CFR 106.2(a)(65).
 Form N-4, Monthly Report on Naturalization Papers. Proposed 8 CFR
106.2(b)(1).
 Form N-476, Request for Certification of Military or Naval Service. Proposed 8
CFR 106.2(b)(5).
 Form N-644, Application for Posthumous Citizenship. Proposed 8 CFR
106.2(b)(10).
 Form N-648, Medical Certification for Disability Exceptions. Proposed 8 CFR
106.2(b)(11).
 Claimant under INA sec. 289. Proposed 8 CFR 106.2(c)(9).
B. Proposed Fee Exemptions

The TVPRA123 requires DHS to permit certain categories of requestors filing petitions
and applications to apply for fee waivers, including for “any fees associated with filing an
application for relief through final adjudication of the adjustment of status.”124 This provision
generally is limited to VAWA self-petitioners, as defined in INA sec. 101(a)(51), and
noncitizens applying for certain other immigration benefits available to battered spouses and
children or for T or U nonimmigrant status. DHS interprets this language to mean that, in
addition to the main benefit request, individuals must have the opportunity to request a fee
waiver for any form associated with the main benefit request up to and including the adjustment
123
1255(l)(7).
124 See INA sec. 245(l)(7), 8 U.S.C. 1255(l)(7).
of status application. See 8 CFR 103.7(c)(3)(xviii) (Oct. 1, 2020); proposed 8 CFR
106.3(a)(3)(iii). Although DHS is authorized to establish and collect a fee for that benefit request
under INA sec. 286(m), 8 U.S.C. 1356(m), several humanitarian benefit requests have been
exempted from fees because of the humanitarian nature of these programs and the likelihood that
individuals who file requests in these categories will qualify for a fee waiver if they request it.125
DHS is proposing to provide additional fee exemptions for the following humanitarian-based
immigration benefit requests under proposed 8 CFR 106.3(b) for the reasons listed below. These
fee exemptions do not impact eligibility for any particular form or when an individual may file
the form. These fee exemptions are in addition to the forms listed under proposed 8 CFR 106.2
for which DHS proposes to codify that there is “no fee.” Table 13C below provides a summary
of the categories and the forms eligible for fee exemptions and fee waivers. In this proposed rule,
DHS estimates that the increase in fee exemptions accounts for 1 percent of the 40-percent
weighted average fee increase.126
1. Victims of Severe Form of Trafficking (T Nonimmigrants)
There is no fee for filing Form I-914, Application for T Nonimmigrant Status; Form I-
914, Supplement A, Application for Family Member of T-1 Recipient; and Form I-914,
Supplement B, Declaration of Law Enforcement Officer for Victim of Trafficking in Persons;
under former 8 CFR 103.7(b)(1)(i)(UU) (Oct. 1, 2020), and DHS will continue to have no filing
fee for these forms under proposed 8 CFR 106.2(a)(59). Principal applicants for T nonimmigrant
status currently also do not file Form I-765 or pay a fee when an EAD is requested on Form I-
914 and is issued incident to status. Any principal applicant who does not request employment
authorization on Form I-914 must file Form I-765 but is fee exempt. Derivative beneficiaries
See, e.g., previous 8 CFR 103.7(b)(1)(i)(UU) and (VV) (codifying no fee for, respectively, the Application for T
125
Nonimmigrant Status, Form I-914, and the Petition for U Nonimmigrant Status, Form I-918).
126 Office of the Chief Financial Officer (OCFO), September 13, 2021.
must file Form I-765 and must submit a fee or fee waiver request. Currently, T nonimmigrants
may request fee waivers for all forms up to and including a Form I-485 and associated forms.127
In this proposed rule, DHS is proposing to expand fee exemptions for all persons seeking
or granted T nonimmigrant status, including principals and derivatives, for all forms associated
with an initial application for T nonimmigrant status through final adjudication of the T
nonimmigrant’s application for adjustment of status to LPR. See proposed 8 CFR 106.3(b)(2).
Applicants for T nonimmigrant status are a small and especially vulnerable population that has
historically underused the T visa program; DHS has never come close to reaching the annual
statutory cap of 5,000 visas allocated to principal victims since the creation of the T visa
program. Many T visa applicants are also eligible for fee waivers. To encourage eligible victims
of trafficking to use the T visa program, DHS is proposing to expand fee exemptions for this
population.
2. Victims of Qualifying Criminal Activity (U Nonimmigrants)
There is no fee for filing Form I-918, Petition for U Nonimmigrant Status; Form I-918,
Supplement A, Petition for Qualifying Family Member of U-1 Recipient; or Form I-918,
Supplement B U Nonimmigrant Status Certification. See 8 CFR 103.7(b)(1)(i)(VV) (Oct. 1,
2020). DHS proposes to continue having no fee for these forms. Proposed 8 CFR 106.2(a)(60).
Principal U nonimmigrants who are in the United States are also currently fee exempt for fees
associated with employment authorization when it is issued incident to status and are not
required to file Form I-765 to receive an EAD under 8 CFR 214.14(c)(7). Principal U
nonimmigrants outside the United States are fee exempt for fees associated with employment
authorization issued incident to status once they enter the United States and file Form I-765.
Derivative beneficiaries requesting employment authorization, however, must file Form I-765
127 See INA sec. 245(l)(7), 8 U.S.C. 1255(l)(7); 8 CFR 103.7(c) (Oct. 1, 2020).
with the appropriate fee or fee waiver request. U nonimmigrants may also request a fee waiver
for any forms filed up to and including a Form I-485 and associated forms.128
DHS is now proposing to expand fee exemptions for persons seeking or granted U
nonimmigrant status for all forms filed before filing a Form I-485. Proposed 8 CFR 106.3(b)(5).
Form I-765 would only be fee exempt, however, for an initial request under 8 CFR
274a.12(a)(19) and (20) and an initial request under 8 CFR 274a.12(c)(14).
DHS is proposing that any form associated with U nonimmigrant status be fee exempt up
until the filing of a Form I-485. A fee would be due (or a fee waiver requested) for a U
nonimmigrant to file a Form I-485 and any Form I-929, Petition for Qualifying Family Member.
The fee exemption for U nonimmigrants would not extend to the Form I-485, unlike the fee
exemption proposed for a Form I-485 filed by T nonimmigrants. DHS acknowledges that, like T
nonimmigrants, U nonimmigrants are a particularly vulnerable population as victims of crimes
and may have similar financial resources or employment prospects. However, DHS is proposing
to treat them differently with regard to their respective Form I-485 fees. U nonimmigrants may
have a longer time with work authorization than T nonimmigrants given the ability of U
nonimmigrant petitioners to receive work authorization as part of the bona fide determination
(BFD) process or with placement on the waiting list and the lengthy waiting period before a U
visa becomes available. While some T nonimmigrant applicants may have work authorization
during the pendency of their application pursuant to a grant of Continued Presence by U.S.
Immigration and Customs Enforcement (ICE), there has not been a BFD process implemented in
the T visa program, nor has a waiting list ever been used. The annual cap of 5,000 visas for the
T visa program has also never been met, whereas the annual cap of 10,000 visas for the U visa
program is consistently reached. Given current T nonimmigrant status processing times, which
are much shorter than in the U visa context, the issuance of T nonimmigrant status may occur
128 See INA sec. 245(l)(7), 8 U.S.C. 1255(l)(7).

before a U petitioner is issued a BFD or waiting list-based work authorization. Some T
nonimmigrants are also able to adjust much more quickly than a U visa petitioner given their
ability to adjust upon the completion of the trafficking investigation or prosecution if certified by
the U.S. Attorney General. In some cases, the investigation or prosecution is already complete at
the time the individual receives T nonimmigrant status, rendering them immediately eligible to
adjust status. For all of these reasons, U nonimmigrants are likely to have had work authorization
much longer than T nonimmigrants, and thus are less likely to need a fee exemption for filing
Form I-485.
In addition, USCIS receives a large number of petitions for U nonimmigrant status each
year and the cost of administering the U nonimmigrant program is already largely funded by
other fee-paying requests. The T nonimmigrant program is also funded by other fee-paying
requests, but the costs of the T program are much lower because the volume of T-based requests
that USCIS must adjudicate is significantly lower. DHS has determined that extending fee
exemptions to the low volume of T nonimmigrants filing Form I-485 could be absorbed with
very little impact. In contrast, providing a fee exemption for U nonimmigrants filing Form I-485
would result in substantial adjudication costs being shifted to fee payers because of the much
larger number of U nonimmigrants who file Form I-485. Thus, while the populations have many
similar characteristics, because of the different levels of cost shifting required, DHS decided that
the different treatments for the Form I-485 fee were justified as proposed in this rule.
3. VAWA Form I-360 Self-Petitioners and Derivatives
Violence Against Women Act (VAWA) self-petitioners currently pay no fee for filing
Form I-360 and would continue to not pay a fee under this proposed rule. See 8 CFR
106.2(a)(16)(ii) (Oct. 1, 2020); proposed 8 CFR 106.3(b)(6). VAWA self-petitioners also
currently are not required to file Form I-765 or pay a fee when employment authorization is
requested on Form I-360. VAWA self-petitioners who do not request employment authorization
on Form I-360, however, and all derivative beneficiaries must file Form I-765 and submit the fee
or request a fee waiver to obtain employment authorization. VAWA self-petitioners and
derivatives are currently eligible for fee waivers for any forms filed up to and including a Form
I-485 and associated forms.129
DHS is now proposing to expand fee exemptions for persons seeking or granted
immigrant classification as VAWA self-petitioners. See proposed 8 CFR 106.3(b)(6). VAWA
self-petitioners and derivatives are eligible to concurrently file Form I-360 and Form I-485 if a
visa would be immediately available after approval of Form I-360.130 Therefore, when a VAWA
Form I-360 is concurrently filed or pending with Form I-485, DHS proposes that VAWA self-
petitioners be fee exempt for all forms associated with the Form I-360 filing through final
adjudication of the adjustment of status application, including the filing of Form I-290B. Id.
When a VAWA Form I-360 is filed as a standalone self-petition, however, the VAWA self-
petitioner would only be fee exempt for Form I-290B, if filed as a motion to reopen or reconsider
or an appeal of the Form I-360 denial. Proposed 8 CFR 106.3(b)(6)(ii). All separately filed Form
I-485s and associated forms would require a fee or fee waiver request. Additionally, only initial
requests for employment authorization under 8 CFR 274a.12(c)(14) and initial requests under
INA sec. 204(a)(1)(K) for the beneficiary of an approved VAWA self-petition would be fee
exempt. Requests for employment authorization approved under INA sec. 204(a)(1)(K) are
issued as a category (c)(31) EAD. A fee or fee waiver request will be required to replace or
renew the initial, free EAD. For VAWA self-petitioners filing Form I-360, all fee exemptions
will also apply to derivative beneficiaries. Proposed 8 CFR 106.3(b)(6).
Like T and U nonimmigrants, VAWA self-petitioners are a particularly vulnerable
population as victims of abuse and may not have the financial resources or employment
129 See INA sec. 245(l)(7), 8 U.S.C. 1255(l)(7).

130See INA sec. 204(a)(1)(A)(iii)(II)(cc), (iv), (v), and (vii); 8 U.S.C. 1154(a)(1)(A)(iii)(II)(cc), (iv), (v), and (vii).
See 8 CFR 245.2(a)(i)(2)(B).
authorization needed to pay for fees when initially filing for immigrant classification as VAWA
self-petitioners. When passing VAWA, Congress gave individuals the ability to independently
seek immigrant classification without the abusive U.S. citizen or LPR’s participation or
knowledge. VAWA self-petitioners may still be living with their abuser or may have recently
fled their abusive relationship when filing the self-petition. According to the National Network to
End Domestic Violence, abusers often maintain control over financial resources to further the
abuse, and victims may have to choose between staying in an abusive relationship and poverty
and homelessness.131 Therefore, victims of abuse may not have access to their finances or the
financial means to pay for fees when filing VAWA Form I-360, Form I-485, and associated
forms. DHS, however, must weigh these difficult considerations against the number of VAWA
self-petition filings it receives each year and the transfer of costs to other petitions and
applications if these filings were fee exempt through final adjudication of the adjustment of
status application. Therefore, DHS is proposing to limit the new fee exemptions for these
populations to forms associated with the VAWA self-petition filing that are filed at the same
time as or while the VAWA Form I-360 self-petition is pending before the adjustment of status
applicant is filed. DHS is not proposing to exempt VAWA self-petitioners from the Form I-485
fee when it is filed after their I-360 is approved because the approval of the Form I-360
authorizes employment of the self-petitioner and the ability to either obtain the funds to pay the
fee or request a fee waiver.
4. Conditional Permanent Residents Filing a Waiver of Joint Filing Requirement Based on
Battery or Extreme Cruelty
Conditional permanent residents (CPRs) filing a waiver of the joint filing requirement
based on battery or extreme cruelty (abuse waiver) are considered VAWA self-petitioners as
defined in INA sec. 101(a)(51)(C) and currently may request a fee waiver when filing Form I-
131See “About Financial Abuse,” Nat’l Network to End Domestic Violence, https://nnedv.org/content/about-
financial-abuse/ (last viewed June 2, 2021).
751. See 8 CFR 103.7(c)(3)(vii) (Oct. 1, 2020). DHS proposes that a CPR requesting an abuse
waiver continue to be eligible to request a fee waiver when filing Form I-751. See proposed 8
CFR 106.3(a)(3)(i)(C). Because CPRs filing Form I-751 may file for more than one basis when
seeking any waiver of the joint filing requirement, USCIS is unable to provide a fee exemption
for Form I-751 abuse waivers. However, because CPRs requesting abuse waivers are a relatively
small population and are particularly vulnerable as victims of abuse as stated above, DHS is
proposing to exempt them from the fee for Form I-290B to file a motion to reopen or reconsider
the decision after a Form I-751 abuse waiver request is denied. See proposed 8 CFR
106.2(a)(15).
5. Abused Spouses and Children Adjusting Status under CAA or HRIFA
Abused spouses and children seeking benefits under the Cuban Adjustment Act (CAA)
and the Haitian Refugee Immigration Fairness Act (HRIFA) are considered VAWA self-
petitioners as defined in INA sec. 101(a)(51)(D) and (E). As such, they are currently eligible for
fee waivers for any forms filed through adjustment of status to LPR, including associated
forms.132 See 8 CFR 103.7(c)(3)(xviii) (Oct. 1, 2020).
DHS proposes to provide fee exemptions for these persons for all forms filed through
final adjudication for adjustment of status to LPR, including Form I-485 and associated forms.
Proposed 8 CFR 106.3(b)(4). For abused spouses and children filing under CAA and HRIFA,
they will be fee exempt for Form I-485 and associated forms, as they file for VAWA benefits on
Form I-485. Proposed 8 CFR 106.3(b)(4). Associated forms include any forms filed before the
individual adjusts their status to LPR, such as a Form I-131; Form I-212, Application for
Permission to Reapply for Admission into the United States After Deportation or Removal; Form
I-290B, Form I-601, and Form I-765. Id. Like VAWA self-petitioners filing Form I-360, these
abused spouses and children are particularly vulnerable populations as victims of abuse. As there
132 See INA sec. 245(l)(7); 8 U.S.C. 1255(l)(7).

were fewer than 50 applications filed for these 2 populations combined in FY 2020, and the
applicant files for VAWA benefits when filing for adjustment of status to LPR, DHS proposes to
provide fee exemptions for the VAWA-based filing (such as for Form I-485) as well as
associated forms. Id.
6. Abused Spouses and Children Seeking Benefits under NACARA
Abused spouses and children seeking benefits under the Nicaraguan Adjustment and
Central American Relief Act (NACARA) are considered VAWA self-petitioners as defined in
INA sec. 101(a)(51)(F). As such, they are currently eligible for fee waivers for any forms filed
through adjustment of status, including associated forms.133 See 8 CFR 103.7(c)(3)(xviii) (Oct. 1,
2020).
DHS proposes to provide fee exemptions for abused spouses and children seeking
benefits under NACARA for all forms filed through final adjudication for adjustment of status to
LPR, including the Application for Suspension of Deportation or Special Rule Cancellation of
Removal (Pursuant to Section 203 of Public Law 105-100 (NACARA)) (Form I-881) and
associated forms. Proposed 8 CFR 106.3(b)(7). For abused spouses and children under
NACARA, they must file for VAWA benefits while in immigration proceedings, so they will be
fee exempt for the Form I-881, Form I-601, and Form I-765, which are forms that may be filed
with USCIS. Victims of abuse who file for VAWA benefits in immigration court proceedings are
a particularly vulnerable population of applicants as mentioned previously. Therefore, DHS
proposes to provide fee exemptions for Form I-881 and Form I-765, which are forms that may be
filed with USCIS. Id.
7. Abused Spouses and Children of LPRs or U.S. Citizens under INA Sec. 240A(b)(2)
Currently, abused spouses and children of LPRs and U.S. citizens seeking cancellation of
removal and adjustment of status under INA sec. 240A(b)(2) are eligible for fee waivers for any
133 See INA sec. 245(l)(7), 8 U.S.C. 1255(l)(7).

forms filed with USCIS through adjustment of status to LPR, including associated forms.134 See
8 CFR 103.7(c)(3)(xviii) (Oct. 1, 2020). In this rule, DHS proposes that this population be
exempt from the fee for an Application for Waiver of Grounds of Inadmissibility (Form I-601)
and an initial Application for Employment Authorization (Form I-765) when filed under 8 CFR
274a.12(c)(10). See Proposed 8 CFR 106.3(b)(8). Abused spouses and children of LPRs and U.S.
citizens seeking cancellation of removal and adjustment of status in immigration proceedings are
a particularly vulnerable population. Therefore, DHS proposes to provide fee exemptions for the
only forms that this population may file with USCIS, Forms I-601 and an initial I-765. Id.
8. Special Immigrant Afghan or Iraqi Translators or Interpreters, Iraqi Nationals Employed by or
on Behalf of the U.S. Government, or Afghan Nationals Employed by or on Behalf of the U.S.
Government or Employed by the International Security Assistance Force and derivative
beneficiaries
The National Defense Authorization Act for FY 2008135 and Omnibus Appropriations
Act136 prohibit DHS from charging any fees in connection with an application for, or issuance of,
a special immigrant visa for Special Immigrant Afghan or Iraqi translators or interpreters, Iraqi
nationals employed by or on behalf of the U.S. Government, or Afghan nationals employed by or
on behalf of the U.S. Government or employed by the International Security Assistance Force
(ISAF). These applicants do not currently pay fees for Form I-360.
As part of Operation Allies Welcome, beginning in July 2021, DHS authorized filing fee
exemptions, including for Form I-485, Form I-601, and Form I-765, for certain Afghan nationals
and their derivative beneficiaries meeting certain criteria, who were evacuated from Afghanistan
134 See INA sec. 245(l)(7); 8 U.S.C. 1255(l)(7).

135 See Pub. L. 110–181 (Jan. 28, 2008).
136 See Pub. L. 111–8 (Mar. 11, 2009).
due to the humanitarian crisis in that country.137 DHS is proposing to expand fee exemptions for
Special Immigrant Afghan or Iraqi translators or interpreters, Iraqi Nationals Employed by or on
behalf of the U.S. Government, or Afghan nationals employed by or on behalf of the U.S.
Government or employed by the ISAF to all forms associated with filings from initial status
filing through final adjudication of the adjustment of status application. Proposed 8 CFR
106.3(b)(3). In addition, DHS is clarifying that surviving spouses and children of certain
principal applicants who may file a petition for classification as a special immigrant under to
section 403 of the Emergency Security Supplemental Appropriations Act, 2021, Pub. L. 117-31,
135 Stat. 309, 318 (July 30, 2021), are exempt from paying the filing fee for Form I-360.138 DHS
believes this population, who assisted the United States Government often at risk to themselves
and their families, should benefit from an immigration process that imposes a minimal financial
burden. In addition, because the statutes provide that the special immigrant visa petition is fee
exempt, DHS believes that it is consistent with those laws to provide fee exemptions for these
additional forms that are generally filed with or associated with the special immigrant visa
petition.
9. Special Immigrant Juveniles
DHS currently fee exempts Form I-360139 for Special Immigrant Juveniles (SIJs) and
provides them eligibility to file a fee waiver for Form I-485 and associated forms140 as well as
See U.S. Dep’t of Homeland Security, “DHS Announces Fee Exemptions, Streamlined Processing for Afghan
137
Nationals as They Resettle in the U.S.” (Nov. 8, 2021), available at https://www.dhs.gov/news/2021/11/08/dhs-

announces-fee-exemptions-streamlined-processing-afghan-nationals-they-resettle.
138The Emergency Security Supplemental Appropriations Act, 2021, Pub. L. 117-31, 135 Stat. 309, 318 (July 30,
2021), removed the requirement that the principal noncitizen have a petition for special immigrant visa (SIV)
classification approved, in order for the surviving spouse and/or children of the principal noncitizen to apply to
obtain SIVs, and replaced it with the requirement that the principal noncitizen must have submitted an application
for Chief of Mission (COM) approval under section 1244 of Pub. L. 110-181, 122 Stat. 3 (Jan. 28, 2008), section
602(b) of the Afghan Allies Protection Act of 2009, Title VI of Pub. L. 111-8, 123 Stat. 524, 807 (Mar. 11, 2009), or
section 1059 of the National Defense Authorization Act for Fiscal Year 2006, Pub. L. 109–163, 119 Stat. 3136 (Jan.
6, 2006) which included the noncitizen as an accompanying spouse or child, or the principal noncitizen had
completed the special immigrant employment requirements at the time of their death.
139 8 CFR 103.7(b)(1)(i)(T)(3) (Oct. 1, 2020).
140 8 CFR 103.7(c)(4)(iii) (Oct. 1, 2020).
for a naturalization application.141 Upon classification as an SIJ, a noncitizen may be eligible to
apply for adjustment of status to LPR if an immigrant visa number is immediately available. See
INA sec. 245(h), 8 U.S.C. 1255(h). DHS is now proposing to fee exempt SIJs for all forms
through final adjudication of the adjustment of status application, which will include Form I-485
and associated forms. Proposed 8 CFR 106.3(b)(1). SIJ petitioners and recipients are youth who
have suffered abuse, neglect, or abandonment by one or both parents, and DHS believes that
most SIJs have no means to pay the fees for these forms. Congress, in recognizing the
vulnerability of these youth, has afforded special protections to this population, including access
to federally funded assistance through the Unaccompanied Refugee Minors program.142
Currently, SIJs are not required to provide evidence of household income when applying for a
fee waiver, and many are in the foster care system or full-time students or both, without an
ability to work.143 For these reasons, most SIJs are eligible for a fee waiver. DHS is proposing to
fee exempt SIJs through final adjudication of Form I-485 to recognize the financial and personal
situation of most SIJs, to reduce the burden on SIJs to request a fee waiver, and to reduce the
burden on USCIS of adjudicating SIJ fee waivers that are generally approved.
10. Temporary Protected Status
The fee for an Application for Temporary Protected Status (Form I-821) for TPS
registrations is limited to $50 by statute. See INA sec. 244(c)(1)(B), 8 U.S.C. 1254a(c)(1)(B). In
addition, TPS applicants are eligible for fee waivers for any forms submitted based on the
TVPRA.144 DHS is not proposing any additional fee exemptions or fee waivers for this
population.
141 8 CFR 103.7(c)(3)(xiii) (Oct. 1, 2020).

142 See 8 U.S.C. 1232(d)(4)(A).
143See USCIS, Instructions for Request for Fee Waiver, page 7, available at
https://www.uscis.gov/sites/default/files/document/forms/i-912instr.pdf (last viewed June 1, 2021).
144
1255(l)(7); 8 CFR 103.7(c)(3)(xviii) (Oct. 1, 2020).

DHS, however, is proposing to remove the fee exemption for Form I-765 filed by initial
TPS applicants under age 14 and over age 65 for initial EAD requests. See proposed 8 CFR
244.6(b). Currently, initial TPS applicants under age 14 and over age 65 are exempt from paying
the fee for Form I-765 for initial EAD requests. See 8 CFR 244.6(b) (Oct. 1, 2020).145 When the
regulations implementing TPS were first published in 1991, the INS required all TPS applicants
to file Form I-765 for information collection purposes, even if an applicant did not wish to
request employment authorization.146 At that time, INS did not issue EADs to minor children or
persons over age 65.147 TPS applicants who did not wish to request employment authorization
were not required to pay the fee for Form I-765. Initially, only nationals of El Salvador ages 14-
65 who requested employment authorization were required to pay the fee for Form I-765.
However, on April 25, 1995, INS revised Form I-765 to remove the El Salvador specific
language from the form instructions and required all TPS applicants ages 14-65 who were
requesting employment authorization to pay the fee for Form I-765, regardless of nationality,
although fee waivers were available. The regulatory language was updated to reflect this change
in 1999.148
USCIS no longer requires TPS applicants to file Form I-765 for information collection
purposes, and only requires it if the TPS applicant wants an EAD. Persons applying for TPS who
do not wish to request employment authorization need only file Form I-821.149 The reason that
the INS fee exempted a Form I-765 filed by initial TPS applicants under age 14 and over age 65
145The exemption is not codified, except by implication by 8 CFR 244.6, which states that applicants between the
ages of 14 and 65 who are not requesting authorization to work will not be charged a fee for an application for
employment authorization.
146See 56 FR 619 (Jan. 7, 1991), as amended at 56 FR 23497 (May 22, 1991) (codifying 8 CFR 240.6 that provided
that the fee for Form I-765 was not charged except for nationals from El Salvador between the ages of 14 to 65 who
requested an EAD).
147 See 56 FR 23495 (May 22, 1991).
148 See 64 FR 4780-4781 (Feb. 1, 1999).
149 The October 17, 2017, revision of Form I-821 made concurrent filing of Form I-765 optional. The May 31, 2018,
revision of Form I-765 removed the instruction appearing on earlier iterations indicating that Form I-765 must be
filed with Form I-821 to register for TPS, regardless of whether the applicant was requesting employment
authorization.
from a fee no longer exists. Thus, DHS is proposing that all TPS applicants requesting
employment authorization must pay the filing fee for Form I-765 or request a fee waiver.
11. Asylum seekers and Asylees
DHS is not proposing any changes to fee exemptions or fee waivers for asylum seekers or
asylees and is proposing to codify that there is no fee for an Application for Asylum and for
Withholding of Removal (Form I-589). Proposed 8 CFR 106.2(a)(27). See Table 13C, Categories
of Requestors and Related Forms Eligible for Fee Waivers under INA sec. 245(l)(7), 8 USC
1255(l)(7), and Fee Exemptions (Includes Current Eligibility and Proposed Changes). In the
2020 fee rule DHS proposed a $50 fee for Form I-589, Application for Asylum and for
Withholding of Removal, for when that form is filed with USCIS (“affirmative asylum
applications”). See 8 CFR 106.2(a)(20) (Oct. 2, 2020). The U.S. Government had never
previously charged a fee for an asylum request and used fees from other form types to fund the
operations involved in processing asylum claims. However, in the 2020 fee rule DHS decided to
impose an asylum fee of $50, and provided that the fee would not be waivable but exempted an
unaccompanied child in removal proceedings from the fee. 8 CFR 106.2(a)(20) (Oct. 2, 2020). A
large number of commenters on the 2020 fee rule generally opposed charging asylum applicants
a fee. See 85 FR 46844. Commenters stated that asylum applicants have few economic resources,
the few resources that they do have are necessary for survival, and they are often financially
dependent on their family members. Thus, the commenters stated that the asylum fee would
create an additional burden on asylum applicants and their families, be detrimental to survivors
of torture, and further endanger asylum seekers’ health and safety.
After further consideration of the comments received on the 2020 fee rule’s asylum fee,
asylum applicants’ lack of resources and the burdens that they face, DHS proposes to remove the
$50 fee for Form I-589. Proposed 8 CFR 106.2(a)(27). DHS currently does not collect the $50
fee for Form I-589 as a result of the injunction against the 2020 Fee Rule discussed above. While
INA sec. 208(d)(3), 8 U.S.C. 1158(d)(3), specifically authorizes a fee for the consideration of an
asylum application in the discretion of the Secretary, it does not require such fees, and further
provides that the Secretary may set adjudication and naturalization fees in accordance with INA
sec. 1356(m), 8 U.S.C. 1356(m). DHS believes that the fee could deter asylum seekers from
seeking protection because of an inability to pay the fee. Asylum applicants, many of whom
arrive in the United States with few resources and lack financial support, may be unable to pay
the fee (particularly considering that most are unable to legally seek employment until after the
approval of their application for employment authorization based on their pending asylum
application, which cannot be filed together), or would choose between paying the fee and paying
for basic needs with the few resources they may have arrived with or can attain before being
allowed to legally seek employment in the United States. DHS recognizes the vulnerable
situations of individuals who apply for asylum and has decided not to impose an asylum
application fee, so as to not make affordability a consideration for a person requesting asylum.
DHS will also continue to provide a fee exemption for the initial filing of Form I-765 for
persons with pending asylum applications and those who were granted asylum (asylees).
Proposed 8 CFR 106.2(a)(43)(iii)(D) and (G).150 In the 2020 fee rule, DHS required applicants
who have applied for asylum or withholding of removal before EOIR (defensive asylum) or filed
Form I-589 with USCIS (affirmative asylum), to pay the fee for initial filings of Form I-765. See
8 CFR 106.2(a)(32) (Oct. 2, 2020). Previously, USCIS had exempted applicants with pending
asylum applications who are filing their first EAD application under the 8 CFR 274a.12(c)(8)
eligibility category from the Form I-765 fee if the applicant submitted evidence of a pending
asylum application and followed other instructions. However, in the 2020 fee rule, DHS
determined that continuing to exempt this population from paying the Form I-765 fee would
increase the proposed fee by $10 to fund the cost of EADs for asylum applicants, and required
Except for individuals applying under special procedures pursuant to the settlement agreement reached in
150
American Baptist Churches v. Thornburgh, 760 F. Supp. 796 (N.D. Cal. 1991).
initial applicants with pending asylum claims to pay a $490 Form I-765 fee to keep the fee lower
for all fee-paying EAD applicants.
Many commenters on the 2020 fee rule opposed the change to charge asylum applicants
for their first Form I-765, Application for Employment Authorization. 85 FR 46851-46853. The
commenters wrote that: people who cannot work cannot afford to pay their asylum fees and may
work illegally; charging individuals who are not authorized to work to pay a fee to acquire work
authorization is counterintuitive; asylum seekers are in dire financial situations; requiring a fee
for authorization to work will worsen the already precarious situation of a vulnerable population;
and the fee will act as an unjust deterrent for asylum seekers. As a result of the economic
challenges faced by asylum seekers, DHS has determined that it agrees that charging asylum
seekers for an initial work authorization application could prevent them from obtaining lawful
employment, and that the EAD fee is unduly burdensome for asylum seekers. Therefore, DHS
proposes to retain the fee exemption for applicants who have applied for asylum or withholding
of removal before EOIR (defensive asylum) or filed Form I-589 with USCIS (affirmative
asylum) for initial filings of Form I-765. See proposed 8 CFR 106.2(a)(43)(iii)(D) and (G).
As explained below, DHS also proposes that the fee for refugee travel documents for
asylees and LPRs who obtained such status as asylees will be linked to the DOS fee for a U.S.
passport. Proposed 8 CFR 106.2(a)(7)(i) and (ii). DHS also proposes to continue charging a fee
for asylees with pending adjustment of status applications who are requesting advance parole.
Proposed 8 CFR 106.2(a)(7)(iii). Although asylees and refugees are in some respects similarly
situated populations, certain differences justify DHS’s decision not to exempt asylees from
paying the fee for refugee travel documents or advance parole. Unlike refugees, who are required
to apply to adjust status after they have been physically present in the United States for at least
one year, asylees are not required to apply for adjustment of status, although they may do so. In
addition, because asylees are a larger population than refugees, DHS determined that transferring
to other applicants and petitioners the costs of adjudicating requests from asylees for refugee
travel documents and advance parole would be overly burdensome to other fee payers. DHS
believes that asylees are better able to time the filing of Form I-485 for adjustment of status to
LPR or an associated benefit request with their ability to pay the fees or request a fee waiver.
DHS proposes to continue fee waiver eligibility for asylees filing Forms I-290B, I-765
for EAD renewal, and I-485. Proposed 8 CFR 106.3(a)(3)(ii)(C) and (E) and (a)(3)(iv)(C). DHS
does not propose new fee exemptions or fee waivers for asylum applicants or asylees in this
rulemaking because most forms used by this population are already fee exempt or fee waiver
eligible. DHS also considered the number of asylum-based filings made each year and decided
that the transfer of the costs of such filings to other petitions and applications if these filings
were fee exempt resulted in too excessive a shift to fee payers to justify.
12. Refugees
DHS is continuing to provide a fee exemption for the initial filing of Form I-765 for
persons who were admitted or paroled as refugees. Proposed 8 CFR 106.3(b)(9)(iii). This long-
standing policy is consistent with Article 17(1) of the 1951 Convention Relating to the Status of
Refugees (as incorporated in the 1967 Protocol Relating to the Status of Refugees), which states,
“The Contracting State shall accord to refugees lawfully staying in their territory the most
favorable treatment accorded to nationals of a foreign country in the same circumstances, as
regards the right to engage in wage-earning employment.”151
DHS also proposes to provide a fee exemption for persons admitted or paroled as
refugees who submit Form I-765 to renew or replace their EAD. Proposed 8 CFR
106.3(b)(9)(iii). Currently, refugees may request a fee waiver for such renewal and replacement
applications. EAD renewal and replacement filing volume is low, and DHS must expend effort to
151Convention Relating to the Status of Refugees, art. 17(1), July 28, 1951, 19 U.S.T. 6259, 189 U.N.T.S. 150. The
United States is not a party to the 1951 Refugee Convention, but the United States is a party to the 1967 Protocol
Relating to the Status of Refugees, Jan. 31, 1967, 19 U.S.T. 6223, 606 U.N.T.S. 267, which incorporates Articles 2
to 34 of the 1951 Convention. See INS v. Stevic, 467 U.S. 407, 416 & n.9 (1984).
adjudicate fee waiver requests, which are generally approved. DHS believes that exempting all
refugee Form I-765 filings is consistent with the principles of the 1951 Refugee Convention cited
above.
DHS further proposes to provide a fee exemption for the filing of Form I-131,
Application for Travel Document, for persons admitted or paroled as refugees, including LPRs
who obtained such status as refugees in the United States. Proposed 8 CFR 106.3(b)(9)(i).
Refugees are by definition a vulnerable population.152 Congress has recognized that many
refugees are more likely than other immigrant populations to lack economic security and
determined that it is in the interests of the United States to provide them with support and
assistance on their path to self-sufficiency. For example, INA sec. 207(c)(3) specifies that the
public charge ground of inadmissibility in INA sec. 212(a)(4) does not apply to refugees. And
section 412 of the INA, 8 U.S.C. 1522, authorizes the provision of a variety of benefits and
support services to refugees, including employment training and placement, English language
training, cash assistance, and medical assistance. In light of these considerations, DHS has
historically exempted refugees from paying fees for most applications and petitions for
immigration benefits, excluding naturalization, for which a fee waiver is available. DHS now
proposes to align Form I-131 with this long-standing policy. For the same reasons, DHS also
proposes to fee exempt the Application for Carrier Documentation (Form I-131A) for refugees,
persons paroled as refugees (see INA sec. 212(d)(5)(B), 8 U.S.C. 1182(d)(5)(B)), and LPRs who
obtained such status as refugees. See 8 CFR 106.3(b)(9)(ii).
152See INA sec. 101(a)(42)(A), 8 U.S.C. 1101(a)(42)(A) (defining the term “refugee” as “any person who is outside
any country of such person’s nationality or, in the case of a person having no nationality, is outside any country in
which such person last habitually resided, and who is unable or unwilling to return to, and is unable or unwilling to
avail himself or herself of the protection of, that country because of persecution or a well-founded fear of
persecution on account of race, religion, nationality, membership in a particular social group, or political opinion”).
13. Person Who Served Honorably on Active Duty in the U.S. armed Forces Filing under INA
Sec. 101(A)(27)(K)
An immigrant who has served honorably on active duty in the U.S. armed forces of the
United States after October 15, 1978, after original lawful enlistment outside the United States
(under a treaty or agreement in effect on October 1, 1991) for a certain period of time and the
spouses and children of such immigrants may be granted special immigrant status upon
recommendation under the executive department. INA sec. 101(a)(27)(K), 8 U.S.C. 1101(a)(27).
These applicants may file for naturalization under INA sec. 328, 8 U.S.C 1439. USCIS does not
charge a fee to military naturalization applicants because such fees are prohibited by statute. See
INA sec. 328(b)(4), 8 U.S.C. 1439(b)(4). Other forms for active or former military service
members are also exempt from fees. See, e.g., 8 CFR 103.7(b)(1)(i)(AAA) and (EEE) (Oct. 1,
2020).
On July 2, 2021, Secretary Mayorkas and Secretary of Veterans Affairs Denis
McDonough announced a new initiative to support our Nation’s noncitizen service members,
veterans, and the immediate family members of service members. The initiative recognizes the
profound commitment and sacrifice that service members and their families have made to the
United States and that DHS agencies would review the policies to remove barriers to
naturalization for those eligible, and improve access to immigration services.153
As part of this initiative on November 19, 2021, USCIS issued guidance to provide fee
exemptions for Form I-131 concurrently filed with N-400 for applicants who are residing outside
the United States and seeking naturalization.154 Because this population submits a low number of
forms, and to be consistent with other fees related to military applicants, DHS is proposing to
See DHS, VA Announce Initiative to Support Noncitizen Service Members, Veterans, and Immediate Family
153
Members (July 2, 2021), available at https://www.dhs.gov/news/2021/07/02/dhs-va-announce-initiative-support-

noncitizen-service-members-veterans-and-immediate.
154See USCIS Policy Manual, Volume 12, Citizenship and Naturalization, Part I Military Members and their
Families, Chapter 5, Application and Filing for Service Members (INA sections 328 and 329) [12 USCIS-PM I.5],
available at https://www.uscis.gov/policy-manual/volume-12-part-i-chapter-5.
codify a fee exemption for Forms I-131 (parole requests). In addition, DHS is proposing to add
fee exemptions for Forms I-360, I-485, and I-765 (initial request) for military applicants.
14. Summary of Proposed Fee Exemptions
The following Table 13A provides a summary of current fee exemptions under INA sec.
245(l)(7). Table 13B provides a list of proposed additional fee exemptions, and the impact on
forms that no longer require a fee waiver for these categories of requestors because they will be
fee exempt. Table 13C provides a list of all fee exemptions and waivers that includes both the
current provisions and the proposed additions.
Table 13A: Current Forms Eligible for Fee Waivers under INA sec. 245(l)(7), 8 U.S.C.
1255(l)(7), and Fee Exemptions
Category Current Fee Current Fee Waiver Eligibility
Exemptions
Victims of severe  Form I-914  Form I-131

form of trafficking  Form I-914,  Form I-192
(T nonimmigrants)155 Supplement A  Form I-193
 Form I-914,  Form I-290B
Supplement B  Form I-485
 Form I-765  Form I-539
(initial 8 CFR  Form I-601
274a.12(a)(16)  Form I-765
fee exempt for  Form N-300
principals only)  Form N-336
 Form N-400
 Form N-470
 Form N-565
 Form N-600
 Form N-600K
Victims of  Form I-918  Form I-131
qualifying criminal  Form I-918,  Form I-192
activity (U Supplement A  Form I-193
nonimmigrants)156  Form I-918,  Form I-290B
Supplement B  Form I-485
(initial 8 CFR  Form I-601
274a.12(a)(19)  Form I-765
155 See INA sec. 101(a)(15)(T); 8 U.S.C. 1101(a)(15)(T) (T nonimmigrant status for victims of severe forms of
trafficking in persons).
156See INA sec. 101(a)(15)(U); 8 U.S.C. 1101(a)(15)(U) (U nonimmigrant status for victims of qualifying criminal
activity).
Exemptions
 Form I-929
fee exempt for
principals
 Form N-300
only)157
 Form N-336
 Form N-400
 Form N-470
 Form N-565
 Form N-600
 Form N-600K
VAWA Form I-360  Form I-360  Form I-131
self-petitioners and  Form I-765  Form I-212
derivatives158 (initial category  Form I-290B
(c)(31) generally  Form I-485
fee exempt for  Form I-601
principals  Form I-765
only)159  Form I-824
 Form N-300
 Form N-336
 Form N-400
 Form N-470
 Form N-565
 Form N-600
 Form N-600K
CPRs filing a waiver none  Form I-751
of the joint filing  Form I-290B
requirement based  Form N-300
on battery or  Form N-336
extreme cruelty160  Form N-400
 Form N-470
 Form N-565
 Form N-600
 Form N-600K
157 No initial fee for principals who receive an EAD incident to status.
158This category includes VAWA self-petitioners and derivatives as defined in INA sec. 101(a)(51)(A) and (B)
and those otherwise self-petitioning for immigrant classification under INA sec. 204(a)(1). See INA sec. 101(a)(51);
8 U.S.C. 1101(a)(51). See INA sec. 204(a); 8 U.S.C. 1154(a).
159 Currently, VAWA self-petitioners may check a box on Form I-360 requesting a category (c)(31) EAD upon
approval of the self-petition. This EAD is currently fee exempt. If the self-petitioner does not check this box, they
must file a Form I-765 to request work authorization under 8 CFR 274a.12(c)(14) designation or under 8 CFR
274a.12(c)(9) if applicable. The self-petitioner may also file a Form I-765 to request a category (c)(31) EAD if not
initially requested on the Form I-360. All self-petitioners and derivatives filing a renewal or replacement request
must file a Form I-765 with a fee or fee waiver request.
160 See INA secs. 101(a)(51)(C) and 216(c)(4)(C) and (D); 8 U.S.C. 1101(a)(51)(C) and 1186a(c)(4)(C) and (D).
Exemptions
Abused spouses and none  Form I-131

children adjusting  Form I-212
status under CAA  Form I-290B
and HRIFA161  Form I-485
 Form I-601
 Form I-765
 Form N-300
 Form N-336
 Form N-400
 Form N-470
 Form N-565
 Form N-600
 Form N-600K
children seeking  Form I-765
benefits under  Form I-881
NACARA162  Form N-300
 Form N-336
 Form N-400
 Form N-470
 Form N-565
 Form N-600
 Form N-600K
children of LPRs or  Form I-765
U.S. citizens under  Form N-300
INA sec.  Form N-336
240A(b)(2)163  Form N-400
 Form N-470
 Form N-565
 Form N-600
 Form N-600K
161See INA sec. 101(a)(51)(D) and (E); 8 U.S.C. 1101(a)(51)(D) and (E). The proposed fee exemption for Form I-
765 for these categories includes all initial, renewal, and replacement EADs filed through final adjudication for
adjustment of status.
162See INA sec. 101(a)(51)(F); 8 U.S.C. 1101(a)(51)(F). The proposed fee exemption for Form I-765 for this
category includes all initial, renewal, and replacement EADs filed through final adjudication for adjustment of
status.
163Also includes children of battered spouses and children of an LPR or U.S. citizen and parents of battered children
of an LPR or U.S. citizen under INA sec. 240A(b)(4); 8 U.S.C. 1229b(b)(4).
Exemptions
Abused Spouses of  Form I-765V165 Not Applicable

A, E-3, G, and H
Nonimmigrants164
Special Immigrant  Form I-360  Form I-131

Afghan or Iraqi  Form I-485 (for  Form I-212
translators or certain Special  Form I-290B
interpreters, Iraqi Immigrant  Form I-485
nationals employed Afghans)166  Form I-601
by or on behalf of  Form I-765  Form I-765
the U.S. (initial filing for  Form N-300
Government, or certain  Form N-336
Afghan nationals Afghans)167  Form N-400
employed by or on  Form I-601 (for
behalf of the U.S.  Form N-470
certain Special  Form N-565
Government or
Immigrant  Form N-600
employed by the
ISAF and their Afghans)168  Form N-600K
derivative
beneficiaries
SIJs  Form I-360  Form I-131
 Form I-290B
 Form I-485
 Form I-601
 Form I-765
 Form N-300
 Form N-336
 Form N-400
 Form N-470
 Form N-565
 Form N-600
 Form N-600K
164 See INA sec. 106; 8 U.S.C. 1105a. The proposed fee exemption for Form I-765 for these categories includes all
initial, renewal, and replacement EADs. If the abused spouses of A, E-3, G, and H Nonimmigrants are able to file
under another eligible category, the applicant may be eligible for a fee waiver.
165 The fee exemption for Form I-765V for this category includes all initial, renewal, and replacement EADs.
166Afghan nationals and their derivative beneficiaries paroled into the United States on or after July 30, 2021 and
applying to adjust status to permanent residence based on classification as Afghan special immigrants as part of the
temporary Operation Allies Welcome (OAW) program.
Afghan nationals and their derivative beneficiaries who were paroled into the United States on or after July 30,
167
2021. This is part of the temporary OAW program.

168 Afghan nationals and their derivative beneficiaries paroled into the United States on or after July 30, 2021 who
file Form I-601 associated with Form I-485, if filing as an Afghan Special Immigrant.
Exemptions
TPS169  Form I-765  Biometrics Fee

(initial TPS  Form I-131
applicant, under  Form I-290B
14 and over 65  Form I-601
who is  Form I-765
requesting an  Form I-821
initial EAD.)170
 Form I-821
(only re-
registration)
Asylees  Form I-131  Form I-290B
(Only if an  Form I-485
asylee applying  Form I-765 (renewal request)
for a Refugee  Form N-300
Travel  Form N-336
Document or  Form N-400
advance parole  Form N-470
filed Form I-485
 Form N-565
on or after July
 Form N-600
30, 2007, paid
 Form N-600K
the Form I-485
application fee
required, and
Form I-485 is
still pending.)
 Form I-589
 Form I-602
 Form I-730
 Form I-765
(initial request
by asylees and
initial request by
asylum
applicants with a
pending Form I-
589)
Refugees  Form I-590  Form I-290B
 Form I-602  Form N-300
169See INA secs. 244 and 245(l)(7); 8 U.S.C. 1254a and 1255(l)(7). This category includes applicants and recipients
of TPS.
170Note DHS is proposing to end the fee exemption for Form I-765 initial EAD requests filed by initial TPS
applicants under age 14 and over age 65.
Exemptions

(initial request)  Form N-470
 Form N-565
 Form N-600
 Form N-600K
Current and former  Form N-400  Form N-300
U.S. armed forces  Form N-336  Form N-470
service members,  Form N-600  Form N-565
including persons  Form N-600K
who served  Form I-131 (for
honorably on active service members
duty in the U.S. filing
armed forces filing concurrently
under INA sec. with an N-400)
101(a)(27)(K)171
Table 13B: Additional Categories of Requestors and Related Forms Eligible for Fee
Waivers under INA sec. 245(l)(7), 8 U.S.C. 1255(l)(7), and Fee Exemptions (Includes
Current Eligibility and Proposed Changes)172
Category Proposed Additional Fee Proposed Fee

Exemptions173 Waivers174
Victims of severe form of  Form I-131  Form I-290B
trafficking (T  Form I-192  Form N-300
nonimmigrants)175  Form I-193  Form N-336
 Form I-290B (only if filed for any  Form N-400
benefit request filed before  Form N-470
adjusting status or for Form I-  Form N-565
485)  Form N-600
 Form I-485  Form N-600K
171These applicants are eligible for naturalization under INA sec. 328; 8 U.S.C. 1439. Most military applicants are
eligible for naturalization without lawful permanent residence under INA sec. 329; 8 U.S.C. 1440.
172This table includes exemptions and fee waivers that are required under INA sec. 245(l)(7), 8 U.S.C. 1255(l)(7)
and other categories of immigrants for which DHS is proposing additional fee exemptions. This table includes only
those exemptions that DHS is required to provide under this statute, and it does not include all USCIS benefit
requests or groups for which DHS currently provides or is proposing to provide an exemption in this rule or by
policy. See regulatory text for all other fee exemptions and fee waivers.
173 This column lists all the additional fee exemptions that are being proposed. DHS would continue to maintain all
the fee exemptions currently provided under Table 13A, column "Current Fee Exemptions."
174 This column lists all the fee waivers that would still be available after some forms will be fee exempt as listed in
"Current Fee Exemptions" column.


 Form I-539
 Form I-601
 Form I-765176
Victims of qualifying  Form I-192 (only if filed before  Form I-131
criminal activity (U Form I-485 is filed)  Form I-192 (only if
nonimmigrants)177  Form I-193 (only if filed before filed with or after
Form I-485 is filed) Form I-485 is filed)
 Form I-290B (only if filed before  Form I-193 (only if
Form I-485 is filed) filed with or after
 Form I-539 (only if filed before Form I-485 is filed)
Form I-485 is filed)  Form I-290B (only if
 Form I-765 (initial 8 CFR filed with or after
274a.12(a)(20) and initial (c)(14) Form I-485 is filed)
fee exempt for principals and  Form I-485
derivatives only if filed before  Form I-601
Form I-485)  Form I-765 (renewal
and replacement
requests)
 Form I-929
 Form N-300
 Form N-336
 Form N-400
 Form N-470
 Form N-565
 Form N-600
 Form N-600K
VAWA Form I-360 self-  Form I-131 (only when Form I-  Form I-131
petitioners and 360 and Form I-485 are  Form I-212
derivatives178 concurrently filed or pending)  Form I-290B
 Form I-212 (only when Form I-  Form I-485
360 and Form I-485 are  Form I-601
concurrently filed or pending)  Form I-765 (renewal
 Form I-290B (if filed with a and replacement
standalone Form I-360, then fee requests)
 Form I-824
The proposed fee exemption for T nonimmigrants filing Form I-765 includes all initial, renewal and replacement
176
EADs filed at the nonimmigrant and adjustment of status stages.

177See INA sec. 101(a)(15)(U); 8 U.S.C. 1101(a)(15)(U) (U nonimmigrant status for victims of qualifying criminal
activity).
178This category includes VAWA self-petitioners and derivatives as defined in INA sec. 101(a)(51)(A) and (B)
and those otherwise self-petitioning for immigrant classification under INA sec. 204(a)(1). See INA sec. 101(a)(51);
8 U.S.C. 1101(a)(51). See INA sec. 204(a); 8 U.S.C. 1154(a).

exempt if filed to motion or  Form N-300
appeal Form I-360)  Form N-336
 Form I-290B (if Form I-360 and  Form N-400
Form I-485 are concurrently filed,  Form N-470
then fee exempt if filed for any  Form N-565
adjusting status or for Form I-485)  Form N-600K
 Form I-485 (only if filed
concurrently with Form I-360)
 Form I-601 (only when Form I-
360 and Form I-485 are
concurrently filed or pending)
 Form I-765 (initial 8 CFR
274a.12(c)(9), initial 8 CFR
274a.12 (c)(14), and initial
category (c)(31) fee exempt for
principals and derivatives)179
CPRs filing a waiver of the  Form I-290B (only when filed for  Form I-751
joint filing requirement Form I-751)  Form I-290B
based on battery or  Form N-300
extreme cruelty180  Form N-336
 Form N-400
 Form N-470
 Form N-565
 Form N-600
 Form N-600K
Abused spouses and  Form I-131  Form I-290B
children adjusting status  Form I-212  Form N-300
under CAA and HRIFA181  Form I-290B (only if filed for any  Form N-336
485)  Form N-565
 Form I-765
179Under this proposed rule, the category (c)(31) EAD provided through Form I-360 will continue to be fee exempt.
In addition, all Form I-765s filed for an initial 8 CFR 274a.12(c)(9), 8 CFR 274a.12(c)(14), and an initial category
(c)(31) EAD will also be fee exempt for both self-petitioners and derivatives.

Abused spouses and  Form I-765 (submitted under 8  Form N-300
children seeking benefits CFR 274a.12(c)(10))  Form N-336
under NACARA182  Form I-881  Form N-400
 Form N-565
 Form N-600
 Form N-600K
Abused spouses and  Form I-601  Form I-765 (renewal
children of LPRs or U.S.  Form I-765 (initial 8 CFR and replacement
citizens under INA sec. 274a.12(c)(10) only) requests)
240A(b)(2)183  Form N-300
 Form N-336
 Form N-400
 Form N-470
 Form N-565
 Form N-600
 Form N-600K
Abused Spouses of A, E-3,
G, and H
Nonimmigrants184
Special Immigrant Afghan  Form I-131  Form I-290B
or Iraqi translators or  Form I-212  Form N-300
interpreters, Iraqi  Form I-290B (only if filed for any  Form N-336
nationals employed by or benefit request filed before  Form N-400
on behalf of the U.S. adjusting status or for Form I-  Form N-470
Government, or Afghan 485)  Form N-565
nationals employed by or  Form I-485  Form N-600
on behalf of the U.S.  Form I-601  Form N-600K
Government or employed  Form I-765 (initial)
by the ISAF and their
derivative beneficiaries
SIJs  Form I-131  Form I-290B
 Form I-290B (only if filed for any  Form N-300
 Form N-400
status.

485)  Form N-565
 Form I-765
TPS185 Not applicable  Biometrics Fee
 Form I-131
 Form I-290B
 Form I-601
 Form I-765
 Form I-821
Asylees Not Applicable  Form I-290B
 Form I-485
 Form I-765 (renewal
request)
 Form N-300
 Form N-336
 Form N-400
 Form N-470
 Form N-565
 Form N-600
 Form N-600K
Refugees  Form I-765 (renewal and  Form I-290B
replacement request)  Form N-300
 Form I-131A  Form N-400
 Form N-470
 Form N-565
 Form N-600
 Form N-600K
Current and former U.S.  Form I-131  Form N-300
armed forces service  Form I-360  Form N-470
members, including  Form I-485  Form N-565
persons who served  Form I-765 (initial request for
honorably on active duty in service member)
the U.S. armed forces filing
under INA sec.
101(a)(27)(K)186
of TPS.
Table 13C: Forms Eligible for Fee Waivers under INA sec. 245(l)(7), 8 U.S.C. 1255(l)(7),
and Fee Exemptions, as of Effective Date of this Proposed Rule
Category Fee Exemptions Fee Waiver Eligibility
Victims of severe form of  Form I-914  Form I-290B

trafficking (T  Form I-914, Supplement  Form N-300
nonimmigrants)187 A  Form N-336
 Form I-914, Supplement  Form N-400
B  Form N-470
 Form I-290B (only if filed
for any benefit request
filed before adjusting
status or for Form I-485)
 Form I-485
 Form I-539
 Form I-601
 Form I-765 (initial,
renewal and replacement
requests)
Victims of qualifying criminal  Form I-918  Form I-192 (only if filed
activity (U nonimmigrants)188  Form I-918, Supplement with or after Form I-485 is
A filed)
 Form I-918, Supplement  Form I-193 (only if filed
B with or after Form I-485 is
 Form I-192 (only if filed filed)
before Form I-485 is  Form I-290B (only if filed
filed) with or after Form I-485 is
 Form I-193 (only if filed filed)
before Form I-485 is  Form I-485
filed)  Form I-601
 Form I-765 (renewal and
replacement requests)
188See INA sec. 101(a)(15)(U); 8 U.S.C. 1101(a)(15)(U) (U nonimmigrant status for victims of qualifying
criminal activity).
 Form I-290B (only if  Form I-929

filed before Form I-485  Form N-300
is filed)  Form N-336
 Form I-539 (only if filed  Form N-400
before Form I-485 is  Form N-470
filed)  Form N-565
 Form I-765 (initial 8  Form N-600
CFR 274a.12(a)(20) and  Form N-600K
initial (c)(14) fee
exempt for principals
and derivatives only if
filed before Form I-485)
VAWA Form I-360 self-  Form I-360  Form I-131
petitioners and derivatives189  Form I-131 (only when  Form I-212
Form I-360 and Form I-  Form I-290B
485 are concurrently filed  Form I-485
or pending)  Form I-601
 Form I-212 (only when  Form I-765 (renewal and
Form I-360 and Form I- replacement requests)
485 are concurrently filed  Form I-824
or pending)  Form N-300
 Form I-290B (if filed with  Form N-336
a standalone Form I-360,  Form N-400
then fee exempt if filed to
 Form N-470
motion or appeal Form I-
 Form N-565
360)
 Form N-600
 Form I-290B (if Form I-
 Form N-600K
360 and Form I-485 are
concurrently filed, then fee
exempt if filed for any
benefit request filed before
adjusting status or for
Form I-485)
 Form I-485 (only if filed
concurrently with Form I-
360)
 Form I-601 (only when
Form I-360 and Form I-
485 are concurrently filed
or pending)
 Form I-765 (initial 8 CFR
274a.12(c)(9), initial 8
CFR 274a.12 (c)(14), and
initial category (c)(31) fee
189This category includes VAWA self-petitioners and derivatives as defined in INA sec. 101(a)(51)(A) and (B) and
those otherwise self-petitioning for immigrant classification under INA sec. 204(a)(1). See INA sec. 101(a)(51); 8
U.S.C. 1101(a)(51). See INA sec. 204(a); 8 U.S.C. 1154(a).
exempt for principals and

derivatives)190
CPRs filing a waiver of the  Form I-290B (only  Form I-751
joint filing requirement based when filed for Form I-  Form I-290B
on battery or extreme 751)  Form N-300
cruelty191  Form N-336
 Form N-400
 Form N-470
 Form N-565
 Form N-600
 Form N-600K
Abused spouses and children  Form I-131  Form I-290B
adjusting status under CAA  Form I-212  Form N-300
and HRIFA192  Form I-290B (only if filed  Form N-336
for any benefit request  Form N-400
filed before adjusting  Form N-470
status or for Form I-485)  Form N-565
 Form I-765
Abused spouses and children  Form I-765 (submitted  Form N-300
seeking benefits under under 8 CFR  Form N-336
NACARA193 274a.12(c)(10))  Form N-400
 Form N-600
 Form N-600K
Abused spouses and children  Form I-601  Form I-765 (renewal and
of LPRs or U.S. citizens  Form I-765 (initial 8 CFR replacement requests)
under INA sec. 240A(b)(2)194 274a.12(c)(10) only)  Form N-300
 Form N-336
 Form N-400
 Form N-470
190Under this proposed rule, the category (c)(31) EAD provided through Form I-360 will continue to be fee exempt.
In addition, all Form I-765s filed for an initial 8 CFR 274a.12(c)(9), 8 CFR 274a.12(c)(14), and an initial category
(c)(31) EAD will also be fee exempt for both self-petitioners and derivatives.
status.
 Form N-565
 Form N-600
 Form N-600K
Abused Spouses of A, E-3, G,  Form I-765V196 Not applicable
and H Nonimmigrants195
Special Immigrant Afghan or  Form I-131  Form I-290B

Iraqi translators or  Form I-212  Form N-300
interpreters, Iraqi nationals  Form I-290B (only if filed  Form N-336
employed by or on behalf of for any benefit request  Form N-400
the U.S. Government, or filed before adjusting  Form N-470
Afghan nationals employed status or for Form I-485)  Form N-565
by or on behalf of the U.S.  Form I-360  Form N-600
Government or employed by  Form I-485  Form N-600K
the ISAF and their derivative  Form I-765 (initial)
beneficiaries
 Form I-601

SIJs  Form I-131  Form I-290B
 Form I-290B (only if filed  Form N-300
for any benefit request  Form N-336
filed before adjusting  Form N-400
status or for Form I-485)  Form N-470
 Form I-765
TPS197  Form I-821 (only re-  Biometrics Fee
registration)  Form I-131
 Form I-290B
 Form I-601
 Form I-765
 Form I-821
Asylees  Form I-131 (Only if an  Form I-290B
asylee applying for a  Form I-485
Refugee Travel Document  Form I-765 (renewal
or advance parole filed request)
Form I-485 on or after  Form N-300
July 30, 2007, paid the  Form N-336
Form I-485 application fee  Form N-400
 Form N-470
196 The fee exemption for Form I-765V for this category includes all initial, renewal, and replacement EADs.
of TPS.
required, and Form I-485  Form N-565

is still pending.)  Form N-600
 Form I-602
 Form I-730
 Form I-765 (initial request
by asylees and initial
request by asylum
applicants with a pending
Form I-589)
Refugees  Form I-131  Form I-290B
 Form I-131A  Form N-300
 Form I-765 (initial,  Form N-600
renewal, and replacement  Form N-600K
request)

Current and former U.S.  Form I-131  Form N-300
armed forces service  Form I-360  Form N-470
members, including persons  Form I-485  Form N-565
who served honorably on  Form I-765 (initial request
active duty in the U.S. armed for service member)
forces filing under INA sec.  Form N-336
101(a)(27)(K)198  Form N-400
 Form N-600
 Form N-600K
C. Request for Comments

DHS welcomes comment on the proposed changes to which categories of petitioners and
applicants are exempt from the fees or which forms should be fee exempt, the annual and
cumulative estimated transfer cost, requests to which costs should be shifted, and the reason as to
why the particular group should be fee exempt.
VIII. Other Proposed Changes in the FY 2022/2023 Fee Schedule
A. Clarifying Dishonored Fee Check Re-presentment Requirement and Fee Payment Method
USCIS is proposing to clarify that it will not redeposit financial instruments returned as
unpayable for a reason other than insufficient funds. See proposed 8 CFR 103.2(a)(7)(ii)(D). In
the FY 2016/2017 fee rule, DHS amended the regulations regarding how USCIS treats a benefit
request accompanied by fee payment (in the form of check or another financial instrument) that
is subsequently returned as not payable. See 81 FR 73313-73315 (Oct. 24, 2016); 8 CFR
103.2(a)(7)(ii) and 103.7(a)(2). If a financial instrument used to pay a fee is returned as
unpayable after one representment, USCIS rejects the filing and imposes a standard $30 charge.
Id. In the preamble to the FY 2016/2017 fee rule, DHS stated that, to make sure a payment
rejection is the result of insufficient funds and not due to USCIS error or network outages,
USCIS (through the U.S. Department of the Treasury (Treasury)) will resubmit rejected payment
instruments to the appropriate financial institution one time. See 8 CFR 103.2(a)(7)(ii)(D).
DHS’s intent was to submit only checks that were dishonored due to insufficient funds because
the Treasury check clearance regulations only permit an agency to redeposit a check that was
dishonored due to insufficient funds.199 Although Treasury does not permit redeposit of checks
dishonored for any other reason, some stakeholders have interpreted 8 CFR 103.2(a)(7)(ii)(D) as
requiring DHS to redeposit any check that is returned as unpayable. Several petitioners have had
fee payment checks dishonored because the petitioner (or law firms paying the fee on the
petitioner’s behalf) have placed a fraud hold on their checking account, stopped payment on the
check, or the check failed a third-party validation process. DHS appreciates the concerns about
fraudulent or counterfeit checks and the impacts on petitioners and beneficiaries when the
petitioner or their bank accidently or erroneously stop payments or dishonor checks. In the few
cases where checks to USCIS have been dishonored due to anti-fraud mechanisms, USCIS has
199 See 31 CFR 210.3(b)(1)(i); National Automated Clearing House Association, 2019 NACHA Operating Rules &
Guidelines: The Guide to the Rules Governing the ACH Network, Subsection 2.5.13.3 (limiting redepositing a check
to those that are returned due to “Not Sufficient Funds,” “NSF,” “Uncollected Funds,” or comparable).
not seen an instance where the account was frozen as a result of actual, fraudulent activity, and
the remitting institution has acknowledged its fault or error in dishonoring the fee checks.
Nevertheless, USCIS is not responsible for ensuring that a petitioner’s or financial institution’s
check writing procedures do not go awry and allowing resubmission of correctly rejected
requests adds work to an already burdened USCIS intake system. In addition to most redeposits
being impracticable and in violation of Treasury regulations, the reason DHS provided the check
representment requirement in § 103.2(a)(7)(ii)(D) did not materialize, because in the almost five
years since the requirement was codified, DHS has rejected no payment because of USCIS error
or network outages. See 81 FR 73314.200 Therefore, to comply with the Treasury regulations,
because representment of other dishonored checks is not permitted and futile, and representment
has proven to not be necessary to protect the public from the Government failings that were
feared when the provision was implemented, DHS is proposing in this rule that if a check or
other financial instrument used to pay a fee is returned as unpayable because of insufficient
funds, USCIS will resubmit the payment to the remitter institution one time. If the remitter
institution returns the instrument used to pay a fee as unpayable a second time, USCIS will reject
the filing. See proposed 8 CFR 103.2(a)(7)(ii)(D).
In addition, DHS proposes two changes to address stale or expired checks. First, DHS
proposes that that it may reject a request that is accompanied by a check that is dated more than
365 days before the receipt date. Proposed 8 CFR 103.2(a)(7)(ii)(D). Second, DHS proposes that
it will not be responsible for financial instruments that expire before they are deposited and
USCIS may reject any filing for which a required payment cannot be processed due to expiration
of the financial instrument. Proposed 8 CFR 106.1(d).
Currently, USCIS policy is to reject a check that is dated more than a year before it is
submitted. However, that policy is not codified, and DHS has been sued or threatened with
200The final FY 2016/2017 fee rule stated, “To make sure that a payment rejection is the result of insufficient funds
and not due to USCIS error or network outages, USCIS (through Treasury) will resubmit rejected payment
instruments to the appropriate financial institution one time.”
litigation multiple times when a check that was dated more than a year before it was submitted
was the basis of a rejection that caused the requestor to miss an important deadline. For example,
USCIS has permitted an applicant to submit Form I-821 after the deadline201 and adjudicated a
Form I-485 filed after the applicant’s U nonimmigrant status had expired because the initial,
timely filing was rejected because the applicant submitted a fee check that was more than one
year old.202 While most personal and business checks do not expire, they become what is known
as “stale dated” 6 months after they are written.203 In addition, many business entities provide
that their checks expire after a certain period, such as 90 days, if not cashed, because they are
concerned about the timeliness and accuracy of their accounting records if checks that they issue
are valid for a longer period, notwithstanding that the Uniform Commercial Code (UCC)
provides that a bank may delay access to the funds from or is not obligated to deposit, cash,
honor, or pay a stale check.204 USCIS projects that it will receive an average of 6,510,442 IEFA
non-premium fee payments per year.205 It is important that its requirements for payment
instruments provide certainty and minimize the likelihood of a payment being dishonored. And,
while USCIS has experienced delays in receipting requests due to the COVID pandemic, many
requests have been received with checks that are very close to the check expiration date.206 To
reduce dishonored payments and to alert those who submit fee checks to USCIS to monitor their
expiration dates, DHS proposes to codify its policy of rejecting 365-day-old checks and checks
where the expiration date on their face has passed to provide requestors with a reasonable
201See 8 CFR 244.17(a) (“Applicants for periodic re-registration must apply during the registration period provided
by USCIS.”).
202 See 8 CFR 245.24(b)(2)(ii) (requiring the applicant to hold U nonimmigrant status at the time of application).
203A bank is under no obligation to a customer having a checking account to pay a check, other than a certified
check, which is presented more than 6 months after its date, but it may charge its customer’s account for a payment
made thereafter in good faith. See UCC 4-404 (2002).
204Id. See also Aliaga Medical Center, S.C. v. Harris Bank N.A., 21 N.E.3d 1203 (IL App (1st), Nov. 10, 2014)
(holding that check expiration is generally governed by the account agreement between the bank and customer and
the preprinted term “void” or phrase “void after 90 days,” on a check does not mean that the check cannot be
presented, paid, and accounted for as a check in the normal course of the account’s regular operation).
205 See section V.B.1.b, Fee-Paying Volume, of this preamble.
206 See, e.g., USCIS Lockbox Updates, at https://www.uscis.gov/news/alerts/uscis-lockbox-updates (Jan. 8, 2021).
amount of flexibility in case there are delays with their filing. Proposed 8 CFR
103.2(a)(7)(ii)(D); 106.1(d). Although commercial banks use a guideline of 6 months, rejecting a
check that is dated more than a year earlier is also consistent with the time limit for a check
issued by the U.S. Treasury. See 31 CFR 245.3(a) (Any claim on account of a Treasury check
must be presented to the agency that authorized the issuance of such check within 1 year after the
date of issuance of the check or within 1 year after October 1, 1989, whichever is later.).
Rejection of a stale or expired check will not be mandatory, so USCIS will still have the
authority to waive the check date requirements in exigent circumstances or on a per case basis,
such as when surges in volume reduce USCIS’ ability to timely intake requests and deposit
checks. For example, USCIS offered flexibility to lockbox filers whose initial filings were
rejected solely because a filing fee payment that expired while the benefit request was awaiting
processing between Oct. 1, 2020, and April 1, 2021.207
B. Payment Method
Currently, USCIS uses the following payment methods:
 For forms accepted at USCIS lockboxes208 – Check, money order, or credit
card.209
 For online filing – Pay.gov payment submission which includes credit cards, debit
cards and Electronic Funds Transfer using routing and account numbers.
 For fees paid at a field office – Pay.gov only.
207See USCIS, “USCIS Announces Lockbox Filing Flexibilities,” available at

https://www.uscis.gov/news/alerts/uscis-announces-lockbox-filing-flexibilities (June 10, 2021).
208
Lockboxes that specialize in the intake and deposit of multiple payment types receive about 53 percent of all
USCIS filings.
209USCIS recently launched a pilot program to test the acceptance of credit cards for payment of fees for benefit
requests filed at service centers. See USCIS, “USCIS Announces Pilot Program for Credit Card Payments Using
Form G-1450 When Filing Form I-485,” available at https://www.uscis.gov/news/alerts/uscis-announces-pilot-
program-for-credit-card-payments-using-form-g-1450-when-filing-form-i-485 (June 2, 2021).
 For immigrant fees paid by immigrants seeking entry into the United States with a
visa – Pay.gov only.
DHS also proposes to codify that USCIS may require that certain fees be paid using a
certain payment method or that certain fees cannot be paid using a particular method. Proposed 8
CFR 106.1(b). For example, USCIS may require that a request be submitted by using Pay.gov, a
secure portal that transmits an applicant’s payment information directly to the U.S. Treasury for
processing, or may preclude the use of certain payment types, such as cashier’s check and money
orders for the payment of a particular form or when payments are made at certain offices. The
proposed change provides that the payment method will be described in the form instructions
(including for online filing) or by individual notice (a bill, invoice, appointment confirmation,
etc.); thereby, requestors will be clearly notified of any limitations on the payment method for
the request they are filing. However, this proposed change provides the authority prospectively,
and USCIS is proposing no forms changes with this rule that will impose any specific limits on
acceptable payments on the date this rule would take effect. The payment method for a particular
form will be changed in the future only after the subject form instructions are revised in
accordance with the Paperwork Reduction Act (PRA).
For the 2020 fee rule, commenters wrote that requiring online or electronic payments
would restrict immigration benefits for individuals who lack computer and internet access, that it
is important to permit cashier’s checks and money orders because they are available to
individuals without banking services such as a credit card, and that many immigrant households
lack access to checking and savings accounts or they are unbanked or underbanked. 85 FR
46877. DHS has determined that any person who can purchase a cashier’s check or money order
from a retailer can similarly purchase a prepaid debit card that can be used to pay their benefit
request fee using USCIS Form G-1450 or the Pay.gov online payment platform. In addition,
filers may split the fees between more than one credit card, and the credit card does not have to
be the applicant’s if the owner of the credit card authorizes its use. Therefore, DHS believes that
requiring the use of a check, credit, or debit card will not prevent applicants or petitioners from
paying the required fees. While DHS does not permit the use of gift cards that cannot be
reloaded, reloadable debit cards are available for purchase at most convenience, pharmacy,
department, and grocery stores, or online.210 In addition, resources such as libraries offer free
online services, access to information, and computers that the public may use to access forms
and complete, print or submit them. Nevertheless, in evaluating future changes to acceptable
means of payment for each immigration benefit request, DHS will consider the availability of
internet access and different means of payment to the affected populations.
Lockboxes that specialize in the intake and deposit of multiple payment types receive
about 53 percent of all USCIS filings. However, the requirements and circumstances for the
filing of some requests do not permit lockbox submission and intake, and the request must be
filed at a particular office or in person. Various offices, such as field offices, embassies, and
consulates, are limited in the method of payment that they can receive or process. Additionally,
certain payment methods, such as checks or cash, require time-intensive procedures for cashiers
and their supervisors to input, reconcile, and verify their daily receipts and deposits. Generally,
Federal agency offices must deposit money that they receive on the same day that it is received.
See 31 U.S.C. 3720(a); 31 CFR 206.5; U.S. Treasury, “Treasury Financial Manual” Vol. 1, Part
5, Chapter 2000, Section 2055.211 There are additional requirements and guidance for timely
record keeping and redundancy in personnel that similarly increase workload and processing
costs. See 31 U.S.C. 3302(e); U.S. Treasury, “Treasury Financial Manual” Vol 1, Part 5, Chapter
2000, Section 2030; see also GAO, GAO-14-704G “Standards for Internal Control in the Federal
210See, for example, “Visa Prepaid Cards Easy to use and reloadable, Visa Prepaid cards go everywhere you do. No
credit check or bank account needed.” https://usa.visa.com/pay-with-visa/find-card/get-prepaid-card (last viewed
June 15, 2021).
211Agencies may accumulate deposits less than $5,000 until they reach $5,000 or a given Thursday. U.S. Treasury,
“Treasury Financial Manual” Vol 1, Part 5, Chapter 2000, https://tfm.fiscal.treasury.gov/v1/p5/c200.html.
Government” (2014).212 The time that USCIS spends complying with payment processing
requirements could be used to adjudicate cases. This proposed change to codify that fees must be
paid using the method that USCIS prescribes, as provided in the form instructions or by
individual notice, would also permit USCIS to reduce administrative burdens and processing
errors associated with fee payments.
C. Non-Refundable Fees
Currently, USCIS filing fees generally are non-refundable and must be paid when the
benefit request is filed. See 8 CFR 103.2(a)(1). DHS is proposing to clarify that fees are non-
refundable regardless of the result of the immigration benefit request or how much time passes
between USCIS’ receipt of the request and completion of the adjudication process.213 As
previously discussed, DHS is authorized to establish fees to recover the costs of providing
USCIS adjudication and naturalization services. See INA sec. 286(m) and (n); 8 U.S.C. 1356(m)
and (n). Although fees are set to recover the cost of processing an immigration benefit request,
they must be paid in advance of the request being processed. Therefore, fees are due at the time
of filing and are required in order for USCIS to receipt the request and issue a receipt date. See 8
CFR 103.2(a)(7)(ii)(D). A benefit request will be rejected if it is not submitted with the correct
fee(s), and the fee is not refundable, regardless of how much time is required to complete
adjudication or the decision that USCIS makes on the case.
Because fees are non-refundable, DHS further proposes to clarify that fees paid to USCIS
using a credit card are not subject to dispute, chargeback, forced refund, or return to the
cardholder for any reason except at the discretion of USCIS. USCIS continues to expand the
212Principle 10, Design Control Activities, states that management should control information processing and
segregation of duties to reduce risk, and it should correctly and promptly record transactions. GAO, “Standards for
Internal Control in the Federal Government” (Sept. 10, 2014), https://www.gao.gov/assets/670/665712.pdf.
213In USCIS parlance, rejection of a receipt happens in the initial filing stage. USCIS provides a receipt notice for
accepted requests and a rejection notice for rejected requests. See 8 CFR 103.2(a)(7). For example, Form I-797C,
Notice of Action, will state if a request was accepted or rejected. A denial, on the other hand, is a decision that the
request is not eligible for immigration benefits for which it was filed after adjudication. Fees are not returned when
a request is denied.
acceptance of credit cards for the payment of USCIS fees. The increased acceptance of credit
cards for the payment of USCIS fees has resulted in a sizeable increase in the number of disputes
filed with credit card companies challenging USCIS’ retention of the fee. Disputes are generally
filed by requestors whose request was denied, who have changed their mind about the request, or
assert that the service was not provided or was unreasonably delayed. USCIS records show that
credit card companies generally side with their cardholders in these disputes and they determine
that USCIS fails to adequately warn the cardholder that the fee is not refundable and due
regardless of the result of the case or the time required to adjudicate it.214 In those instances,
USCIS has not received payment for adjudication of the request.
When USCIS performs services for which a fee has not been paid, such as when the fee is
charged-back by a credit card company, the costs incurred must be funded by other fee payers.
As the dollar amount of fees paid with credit cards continues to increase, an increase in the
number of credit card disputes and chargebacks has the potential to have a significant negative
fiscal effect on USCIS. Therefore, DHS is proposing to provide that fees paid to USCIS for
immigration benefit requests will not be refunded regardless of the result of the benefit request or
how much time the adjudication requires, and that fees paid to USCIS using a credit card are not
subject to dispute by the cardholder or charge-back by the issuing financial institution. See
proposed 8 CFR 103.2(a)(1); 8 CFR 106.1(e). If the institution that issues the credit card rescinds
the payment of the fee to USCIS, USCIS may reject the request if adjudication is not complete,
or revoke the approval or convert the denial to rejection, and invoice the responsible party
(applicant, petitioner, or requestor) and pursue collection of the unpaid fee in accordance with 31
CFR parts 900 through 904 (Federal Claims Collection Standards) if the adjudication is
complete.215
214 In FY 2020, credit card issuers revoked the fee from USCIS in 855 of 1,182 disputes filed, or roughly 72 percent.
215USCIS may also prohibit the payment of fees using a credit card from a financial institution that routinely
rescinds fee payments due to disputes.
D. Eliminating $30 Returned Check Fee
DHS also proposes to amend its regulations to remove the $30 charge for dishonored
payments. See 8 CFR 103.7(a)(2)(i) (Oct. 1, 2020). USCIS data indicate that the cost of
collecting the $30 fee outweighs the benefits to the Government derived from imposing and
collecting the fee. For example, in FY 2016, USCIS collected a total of $416,541 from the $30
returned check fee while the financial service provider billed $508,770 to collect the $30 fee. In
FY 2020, USCIS recovered only $199,829 from the returned check fee. Although USCIS no
longer discretely tracks the costs associated with processing returned checks, USCIS is at a net
loss when processing returned checks. USCIS also bears the cost and time of processing the
returned check. Furthermore, USCIS does not retain the $30 fee for deposit into the IEFA with
other immigration benefit request fees. USCIS deposits the fee in Treasury’s general fund; thus
the $30 fee does not provide revenue to USCIS. As such, USCIS would not benefit from DHS
proposing changes to this fee.
Although agencies may prescribe regulations establishing the charge for a service or
thing of value provided by the agency216 Federal agencies are not required to impose fees as a
general matter, nor does DHS or USCIS have a specific statutory authorization or requirement to
do so. Therefore, DHS is not required to charge a returned check fee. Based on the cost to
USCIS and that the bad check fees add nothing to USCIS revenue, DHS proposes to remove the
$30 fee from regulations.
E. Changes to Biometric Services Fee

1. Incorporating Biometric Activities into Immigrant Benefit Request Fees
DHS proposes to incorporate the biometric services cost into the underlying immigration
benefit request fees based on the applicable biometric services for each benefit request and the
associated costs as estimated in the ABC model. Currently, a separate $85 biometric services fee
216 See 31 U.S.C. 9701.

may apply depending on the immigration benefit request217 or other circumstances. See 8 CFR
103.7(b)(1)(i)(C) (Oct. 1, 2020). USCIS currently provides web content, form instructions, and
other information to help individuals assess whether they need to pay the biometric services fee.
USCIS rejects an application, petition, or request that fails to pay the separate biometric services
fee, if it applies. See 8 CFR 103.17(b) (Oct. 1, 2020). DHS proposes to incorporate the cost of
biometric services into the underlying immigration benefit request fees using its ABC model to
simplify the fee structure, reduce rejections of benefit requests for failure to include a separate
biometric services fee, and better reflect how USCIS uses biometric information.
DHS has broad statutory authority to collect biometric information when such
information is “necessary” or “material and relevant” to the administration and enforcement of
the INA. See, e.g., INA secs. 103(a), 235(d)(3), 264(a); 8 U.S.C. 1103(a), 1225(d)(3), 1304(a).
The collection, use, and reuse of biometric data are integral to identity management, criminal
background checks, investigating and addressing national security concerns, and maintaining
program integrity.
In previous fee rules, USCIS evaluated the biometric activity cost as a single biometric
services fee separate from the underlying application, petition, or request. In the FY 2016/2017
fee review, USCIS called the activity Perform Biometric Services. See 81 FR 26913. USCIS
clarified that persons filing a benefit request may be required to submit biometrics or be
interviewed and pay the biometric services fee. See 81 FR 26917 and 81 FR 73325. For many
years, there has been a single biometric services fee that includes four separate costs:
 FBI Name Checks;
 FBI fingerprints;
 Application Support Center (ASC) contractual support; and
217For a quick reference of the immigration benefit requests that currently require biometric services with the initial
submission, see USCIS, Form G-1055, Fee Schedule, available at https://www.uscis.gov/g-1055.
 Biometric service management overall, including Federal employees at the ASC
locations.
In the FY 2022/2023 fee review, USCIS identified each of these four costs as distinct
activities in the ABC model. These four activities replace the single biometric activity that
USCIS used in previous fee reviews.218 USCIS used volume estimates to allocate these costs to
the proposed immigration benefit requests to which they generally apply. The biometric volume
estimates were specific to the projected workload for FBI Name Checks, FBI fingerprints, and
contractual support at the ASC locations. In most cases, these estimates used the average
proportion of workload for each immigration benefit request. The data on ASC Production and
FBI Name Checks are from FY 2015 to FY 2017. The FBI Fingerprints data used FY 2016 to FY
2018. While the information does not cover the most recent years, USCIS believes it is the most
appropriate information to use for this calculation because it reflects biometric collection rates
before the pandemic and before increased collection of biometrics for certain populations. For
example, the data excludes higher biometric service rates for Form I-539 after a 2019 form
revision.219 USCIS temporarily suspended biometric collection for Form I-539 during the
pandemic.220 Thus, the information considered will more closely reflect the annual volume of
biometrics submissions that USCIS expects during FY 2022/2023. These proportions of each
biometric service to receipts can vary, because there is not always a one-to-one relationship
between a specific benefit request and a biometric service. For example, USCIS may not require
submission of biometrics if it resubmits existing, stored biometric information to the FBI. As
218The single biometric service activity was called Perform Biometric Services in the FY 2016/2017 fee review. See
81 FR 26913-26914. Previously, USCIS called the activity Capture Biometrics. See 75 FR 33459 (June 11, 2010)
and 72 FR 4897 (Feb. 1, 2007).
219See USCIS, “UPDATE: USCIS to Publish Revised Form I-539 and New Form I-539A on March 8” available at
https://www.uscis.gov/news/alerts/update-uscis-to-publish-revised-form-i-539-and-new-form-i-539a-on-march-8
(last updated March 5, 2019).
220See USCIS, “USCIS Temporarily Suspends Biometrics Requirement for Certain Form I-539 Applicants”
available at https://www.uscis.gov/news/alerts/uscis-temporarily-suspends-biometrics-requirement-for-certain-form-
i-539-applicants (last updated May 13, 2021).
another example, some immigration benefit requests, like adoption petitions and applications,
require that all adults in a household submit biometric information. See, e.g., 8 CFR
204.310(a)(3)(ii) and (b). As such, a single adoption petition or application may require more
than one adult to submit biometric information. Using biometric volumes specific to individual
biometric activities enables USCIS to better forecast biometric costs and attribute them to
specific benefit requests. DHS proposes to incorporate biometric costs into IEFA immigration
benefit request fees by using this biometric activity-specific information in the proposed fees.
See proposed 8 CFR 106.2.
The proposed changes in this rule may assist USCIS as it shifts to enterprise-wide person-
centric identity management. A person-centric view of the data allows adjudicators to see
relevant information for an individual across multiple benefits requests and systems. USCIS aims
to improve how it acquires, stores, manages, shares, and uses identity data – making all relevant
information accessible and usable in support of adjudications. For example, if USCIS modifies
the types of background checks conducted, then DHS may propose to increase the fee as
appropriate for the affected immigration benefit requests. This approach may ensure that the
affected customers would pay the appropriate fee rather than pass the cost burden of all other
biometric services to other unrelated customers.
USCIS forecasts biometric workload volumes by immigration benefit request type in
order to assign biometrics costs to the appropriate immigration benefit request. Assigning costs
to the underlying immigration benefit request type may reduce the administrative burden on
USCIS to administer the separate fee and make it easier for applicants, petitioners, and
beneficiaries to calculate the total payment that is due. However, USCIS proposes to retain the
separate biometric services fee for specific workloads, as described in the next section.
2. Retaining the Separate Biometric Services Fee for Temporary Protected Status
DHS has excluded from USCIS’ ABC model for this proposed rule the costs and revenue
associated with TPS, consistent with the previous fee rule. See 81 FR 73312-73313. In addition,
as noted above, DHS proposes generally to eliminate a separate biometric services fee and fund
biometric services from the revenue received from the underlying immigration benefit request
fees. However, DHS proposes to retain a separate biometric services fee for TPS. See proposed 8
CFR 106.2(a)(48)(iii).
While the TPS registration fee is capped by INA sec. 244a(c)(1)(B), 8 U.S.C.
1254a(c)(1)(B) at $50, DHS has specific statutory authority to collect “fees for fingerprinting
services, biometric services, and other necessary services” when administering the TPS program.
See 8 U.S.C. 1254b. USCIS collects biometrics for TPS registrants. USCIS requires certain TPS
initial applicants and re-registrants to pay the biometric services fee in addition to the fees for
Form I-821, Application for Temporary Protected Status, and for Form I-765, Application for
Employment Authorization, if they want an employment authorization document. See
Instructions for Form I-821. The model output of other fees indicates that the $50 amount
provided by statute does not recover the full cost of adjudicating these benefit requests.
To reduce the costs of TPS that USCIS must recover from fees charged to other
immigration benefit requests, DHS proposes to require a $30 biometric services fee for TPS
initial applications and re-registrations. See proposed 8 CFR 106.2(a)(48)(iii). As stated
previously, while DHS follows OMB Circular A-25, we are not required to set specific fees at
the costs of the benefit request or adjudication or naturalization service for which the fee is being
charged. Nevertheless, DHS based the proposed $30 biometric services fee on the direct costs of
collecting, storing, and using biometric information for TPS initial applications and re-
registrations. Currently, USCIS pays approximately $11.25 to the FBI for fingerprinting results.
USCIS calculated that biometric collection, storage, and use at an ASC costs approximately
$19.50. These same ASC and FBI rates apply to TPS and all other requests that use these
services. The sum of these costs is approximately $31. DHS rounded the proposed fee to the
nearest $5 increment, similar to other IEFA fees, making the proposed fee $30. The proposed fee
is less than the current $85 biometric services fee because the current fee includes indirect costs.
The FY 2016/2017 fee rule held the biometric services fee to $85, which has not changed since
the FY 2010/2011 fee rule.
3. Executive Office for Immigration Review Biometric Services Fee
Similarly, DHS is maintaining the current requirement that applicants filing certain
requests with EOIR221 submit a biometric services fee. See proposed 8 CFR 103.7(a)(2). DHS,
including USCIS, handles all aspects of biometrics collection for EOIR and conducts
background security checks for individuals in immigration proceedings.222 This fee is necessary
to recover the costs USCIS incurs performing that service for EOIR. When individuals in
immigration proceedings before EOIR seek to file an application for relief or protection from
removal with the immigration court they are instructed to pay any applicable biometrics and
application fees to DHS. See 8 CFR 1103.7(a)(3).223 As previously explained, while DHS
proposes to incorporate the costs of biometric services into its underlying immigration benefit
request fees, DHS has no authority to change the amounts it receives from any EOIR fees to
recover the costs it incurs for biometric services (which includes background checks).
Under this proposed rule, DHS proposes to adjust the biometric services fee for those
requests filed with and processed by USCIS. DHS proposes to use the same $30 fee using the
same estimates as described for the proposed TPS biometrics fee above. Consequently, DHS
221EOIR is a component of the DOJ and includes the Office of the Director, the Board of Immigration Appeals, the
Office of the Chief Immigration Judge, the Office of the Chief Administrative Hearing Officer, the Office of Policy,
and other staff as the Attorney General or the Director may provide. See 8 CFR 1003.0. USCIS provides intake
services for several requests filed with, and adjudicated by, EOIR, for which biometrics may be required.
222Guidance is available at “Immigration Benefits in EOIR Removal Proceedings,” at
https://www.uscis.gov/laws/immigration-benefits-eoir-removal-proceedings (last updated Aug. 5, 2020).
223This regulation provides that, except as provided in 8 CFR 1003.8, EOIR does not accept fees, and that fees
relating to EOIR proceedings are paid to DHS.
proposes a biometric services fee of $30 for certain forms for which it performs intake and
biometrics services on behalf of EOIR. See proposed 8 CFR 103.7(a)(2).
F. Naturalization and Citizenship-Related Forms

Aside from updating the fees for naturalization and citizenship-related forms, DHS
proposes to continue offering fee waivers for the naturalization forms. See section VI.E of this
preamble. For a general discussion on how fee waivers, limited fee increases, and fee exemptions
affect proposed fees, see section IV of this preamble.
The fee-paying unit costs represent the estimated cost per fee-paying applicant as
calculated in the USCIS ABC model.224 However, as to Forms N-565 and N-600K, both the
current fees and the proposed fees are less than the estimated cost (fee-paying unit cost) for each
naturalization form. For example, the current fee for Form N-400 is $231 less than the fee-
paying unit cost estimated in the FY 2016/2017 fee rule. See Table 14. The proposed fee for
Form N-400 is $296 less than the estimated FY 2022/2023 fee-paying unit cost. Id. As such,
while DHS proposes to increase the fee for Form N-400, DHS likewise proposes to recover a
smaller percentage of the estimated cost for adjudicating Form N-400 than it does in its current
fee structure. If the two difference columns in Table 14 are negative, then DHS proposes to
maintain the current practice by keeping the proposed fee below the estimated cost. If the two
difference columns are positive, then DHS proposes to recover more than full cost in order to
fund operations and policy objectives, like offering fee waivers and charging less than full cost
for other naturalization fees.
DHS further proposes separate online and paper fees for some benefit types. Proposed
online filing fees are lower than proposed paper filing fees, when available. See section VIII.G of
this preamble. However, DHS does not propose separate online and paper filing fees for
naturalization services because the proposed naturalization fees are based on the current fees
For more information, see the FY Immigration Examinations Fee Account Fee Review Supporting
224
Documentation (supporting documentation).

instead of ABC model results. Specifically, as a general matter, the proposed fees are
approximately 18 percent more than the current fees, based on a calculation described in section
V.B.3 of this preamble. However, for Forms N-565 and N-600K, the proposed fees are below the
estimated cost from the ABC model, thus DHS proposes no discount for online filing of the N-
forms.
Table 14: Naturalization Fees and Cost Estimates Compared

Immigration Benefit FY 2016/2017 Current Difference FY Proposed Difference
Request Fee-Paying Fee Between 2022/2023 Fee Between
Unit Cost Current Fees Fee-Paying Proposed Fees
and Cost Unit Cost and Cost
Estimate Estimate
(Current Fee (Proposed Fee
minus FY minus FY
2016/2017 2022/2023 Unit
Cost) Cost)
N-300 Application to File $840 $270 -$570 $789 $320 -$469
N-336 Request for a $1,294 $700 -$594 $1,537 $830 -$707
Hearing on a Decision in
Naturalization
Proceedings (Under
Section 336 of the INA)
N-400 Application for $871 $640 -$231 $1,056 $760 -$296
Naturalization
N-470 Application to $792 $355 -$437 $1,511 $420 -$1,091
Preserve Residence for
Naturalization Purposes
N-565 Application for $399 $555 $156 $375 $555 $180
Replacement
Document
N-600 Application for $841 $1,170 $329 $1,474 $1,385 -$89
Certificate of Citizenship
N-600K Application for $841 $1,170 $329 $1,048 $1,385 $337
Citizenship and Issuance
of Certificate Under
Section 322
1. Application for Naturalization (Form N-400) Fee
DHS proposes to increase the fee for Form N-400, Application for Naturalization, from
$640 to $760, a $120 or 19 percent increase. See 8 CFR 103.7(b)(1)(i)(BBB) (Oct. 1, 2020);
proposed 8 CFR 106.2(b)(4). Most naturalization applicants pay an additional $85 biometric
services fee, making the current total fees for Form N-400 total $725. This rule proposes to add
the cost of biometric services to the underlying form fee. See section VIII.E of this preamble. As
such, the proposed fee for Form N-400 is only $35 or approximately 5 percent more than the
current Form N-400 and biometric service fees that most applicants currently pay. For
comparison, the inflation since the current fees became effective is approximately 19.75
percent.225 If DHS adjusted the Form N-400 and biometric services fees by inflation, then the
proposed fees would total $865, $140 more than the current fees for Form N-400.226 DHS
provides this inflation-adjusted fee amount only as a point of comparison.
Prior fee rules shifted a portion of the Form N-400 cost to other fee-paying immigration
benefit requestors, and DHS proposes to maintain that approach. In the FY 2010/2011 and the
FY 2016/2017 fee rules, the Form N-400 fee was set below the ABC model output; in other
words, the fee was less than the estimated cost per fee-paying receipt. The FY 2010/2011 fee rule
held the fee to $595, the amount set in the FY 2008/2009 fee rule. See 75 FR 58975. The FY
2016/2017 fee rule limited the fee to only $640, a $45 or eight percent increase. See 81 FR
73307.
The FY 2010/2011 proposed rule explained that holding the fee for the Form N-400 to
the FY 2008/2009 fee raised all other proposed fees by approximately $8 each. See 75 FR 33462
(June 11, 2010). For DHS to recover the full cost of adjudicating the Form N-400, the FY
2010/2011 proposed fee would have been $655, a $60 or roughly a 10 percent increase. See 75
FR 33462-33463. In the FY 2016/2017 fee rule supporting documentation, USCIS estimated that
each Form N-400 may cost $871 to complete, plus the cost for biometric services of $75, for a
total of $946.227 In this proposed rule, the estimated cost of Form N-400, including biometrics, is
225Current fees became effective on Dec. 23, 2016. See 81 FR 73292. The consumer price index for all urban
consumers (CPI-U) was 241.432 in Dec. 2016 and 289.109 in Mar. 2022. The change in the Index over these two
periods was 47.68 or 19.75 percent. See U.S. Department of Labor, Bureau of Labor Statistics, All Urban
Consumers (CPI-U) tables, available at https://data.bls.gov/timeseries/CUUR0000SA0. DHS has not recently
adjusted IEFA fees by CPI-U inflation, but provides this figure as a point of comparison.
226The inflation adjusted amounts using this example would be as follows: N-400: $640 multiplied by 1.1975,
which is approximately $766.38; biometric services fee: $85 multiplied by 1.1975, which is approximately $101.79.
DHS rounds fees to the nearest $5. Rounded to the nearest $5, the inflation adjusted fees would be $765 and $100,
totaling $865.
227See the Model Output column of Appendix Table 4: Final Fees by Immigration Benefit Request in the docket of
the FY 2016/2017 fee rule. The model output is the projected total cost from the ABC model divided by projected
fee-paying volume. It is only a forecast unit cost (using a budget) and not the actual unit cost (using spending from
prior years). USCIS does not track actual costs by immigration benefit request. See Appendix VI of the supporting
documentation included in this docket for more information.
$1,003 when filed online and $1,135 when filed on paper. If DHS were to maintain the current
$640 fee, then all other proposed fees would increase by an additional average $12.
In crafting prior fee rules, DHS reasoned that setting the Form N-400 fee at an amount
less than its estimated costs and shifting those costs to other fee payers was appropriate in order
to promote naturalization and immigrant integration.228 In the 2020 fee rule, DHS increased the
fee for Form N-400, Application for Naturalization, from $640 to $1,170. See 8 CFR
103.7(b)(1)(i)(BBB); 8 CFR 106.2(b)(3) (Oct. 2, 2020). DHS determined that shifting costs to
other applicants in the manner that it had in previous fee rules was “not equitable” given the
significant increase in Form N-400 filings in recent years. See 84 FR 62316. Therefore, to
mitigate the fee increase of other immigration benefit requests and to emphasize the beneficiary-
pays principle, DHS did not limit the Form N-400 fee and set a $1,170 fee to recover the full cost
of adjudicating the Form N-400, as well as a proportion of costs not recovered by other forms for
which fees are limited or must be offered a waiver by statute. As stated earlier, DHS proposes to
shift away from emphasizing the beneficiary-pays principle and return towards the historical
balance between the beneficiary-pays and ability-to-pay principles. DHS has determined that
shifting costs to other applicants in this manner is rational considering the significant value that
the United States obtains from the naturalization of new citizens. Many commenters on the 2020
fee rule stated that the fee would deter eligible applicants, and cited peer-reviewed studies
indicating that cost can be a prohibitive barrier for would-be naturalization applicants. DHS is
committed to promoting naturalization and immigrant integration and making sure that
naturalization is readily accessible. Thus, DHS proposes setting the Form N-400 fee at an
amount less than its estimated costs and shifting those costs to other fee payers using the cost
reallocation methodology.229 Therefore, DHS proposes to limit the Form N-400 fee at $760 to
228 See, for example, 75 FR 33461; 81 FR 26916.

229Based on filing volume trends in recent years, USCIS forecasts an increase of 62,165 Form N-400 applications,
nearly a 10 percent increase from the FY 2016/2017 fee rule forecast. See Table 7, Workload Volume Comparison.
partially recover the full cost of the Form N-400 and biometrics services while promoting
naturalization and integration. If the full costs of administering USCIS programs to be recovered
under this rule decrease due to increases in revenue or gains in efficiency between this proposed
rule and the final rule, DHS will consider using those cost reductions in to further reduce the
Form N-400 fee, considering the value of naturalization and immigrant integration, or to reduce
other fees based on policy considerations.
2. Request for Reduced Fee (Form I-942)
In addition to updating the Form N-400 fee waiver requests, as previously explained,
DHS proposes to keep the reduced fee option for those naturalization applicants with family
incomes not more than 200 percent of the FPG. See 8 CFR 103.7(b)(1)(i)(BBB)(1) (Oct. 1,
2020). The current N-400 reduced fee is $320 plus the $85 biometrics fee. The proposed N-400
reduced fee is $380, a $60 or approximately 19 percent increase from the current $320 fee but
less than the current total cost ($405) with added $85 separate biometrics fee. See proposed
106.2(b)(4)(ii). Like the proposed Form N-400 fee, the proposed reduced fee is a limited 18
percent increase from the current fee ($320), rounded to the nearest $5. See Section V.B.3 of this
preamble. Like most proposed fees, it includes the cost of biometric services. See section VIII.E.
of this preamble. However, the biometric services fee was not part of the calculation for the
proposed fee. DHS calculated the proposed fee for the reduced fee option the same way as the
full fee option, as described in section V.B.3 of this preamble.
Currently, qualifying applicants pay a fee of $320 plus an additional $85 for biometric
services, for a total of $405. To qualify for a reduced fee, the eligible applicant must submit
Form I-942, Request for Reduced Fee, along with their Form N-400. Form I-942 requires the
names of everyone in the household and documentation of the household income to determine if
the applicant’s household income is greater than 150 and not more than 200 percent of the FPG.
DHS eliminated the Form I-942 and reduced fee in the 2020 fee rule to recover the
estimated full cost for naturalization services and to reduce the administrative burden on the
agency to process the Form I-942. See 84 FR 62317; 85 FR 46860. Commenters on the change
wrote that eliminating the reduced fee would make it difficult for immigrants with income
between 150 percent and 200 percent of the poverty level to afford citizenship. DHS
acknowledges that eliminating the reduced fee for Form N-400 would block people from
receiving a reduced fee, increase the number of people who are required to pay the full Form N-
400 fee, and could result in fewer people applying for naturalization.
DHS implemented this reduced fee option in the FY 2016/2017 fee rule to limit potential
economic disincentives that some eligible naturalization applicants may face when deciding
whether to seek U.S. citizenship. See 81 FR 73307. DHS only proposes that the income level for
the reduced fee is not limited to start at 150 percent of the FPG. Instead, any applicant who has
an income under 200 percent of the FPG can request a naturalization application with a reduced
fee if eligible.230 DHS had originally proposed the reduced fee option for low-income applicants
in support of 2015 immigration integration policies and the USCIS mission to support aspiring
citizens.231 The reduced fee helps ensure that many immigrants whose goal it is to apply for
naturalization are not unnecessarily limited by their economic means. Other fee payers are
required to bear the cost of the reduced fee, but the importance of naturalization justifies the
slight shift of burden.232 Similarly, in keeping the reduced fee for the naturalization application,
230In 2018, Congress also encouraged USCIS “to consider whether the current naturalization fee is a barrier to
naturalization for those earning between 150 percent and 200 percent of the FPG, who are not currently eligible for a
fee waiver.” H. Rep. 115-948 at 61.
231See The White House Task Force on New Americans, “Strengthening Communities by Welcoming All
Residents”, at 28-29 (2015), available at
https://obamawhitehouse.archives.gov/sites/default/files/docs/final_tf_newamericans_report_4-14-15_clean.pdf.
232 DHS previously stated that adjusting fee levels based on income would be administratively complex and would
require higher costs to administer. See 75 FR 58971. Specifically, in 2010, DHS stated that a tiered fee system
would impose an unreasonable cost and administrative burden, because it would require staff dedicated to income
verification and necessitate significant information system changes to accommodate multiple fee scenarios. See id.
DHS will need to reprogram intake operations for Form N-400 to recognize the new fee and documentation. Staff
must be added to review the income documentation provided to determine if the applicant qualifies for the new fee.
DHS has determined that the change proposed here, because it applies only to Form N-400 and the act of acquiring
citizenship, is of sufficient value from a public policy standpoint to justify USCIS incurring the additional
DHS is supporting and complying with Executive Order 14012 to reduce barriers and promote
accessibility to the immigration benefits that it administers. See 86 FR 8277 (Feb. 2, 2021) (E.O.
14012). Although receipts of I-942 have remained relatively low, the overall lower cost for a
reduced N-400 application may increase access to naturalization applications.
In FY 2020, 3,430 people submitted a reduced fee Form N-400.233 This represents
approximately 0.47 percent of the people who paid for Form N-400 in FY 2020. USCIS forecasts
3,763 average annual receipts for the reduced Form N-400 in this proposed rule. As such, DHS
estimates that the reduced fee option for N-400 may provide approximately $1.4 million in
revenue with the proposed fee. If DHS were to propose ending the reduced fee option, it would
have almost no effect on the resulting fee schedule. Two proposed fees would increase by $5 and
one would increase by $10, but all other proposed fees would remain the same. DHS proposes to
maintain the reduced fee234 to further promote naturalization and limit a barrier to naturalization.
3. Military Naturalization and Certificates of Citizenship
DHS does not propose any changes to fee exemptions for current and former military
service members who file a Form N-400 under the military naturalization provisions.235 Military
naturalization applications will continue to be fee exempt. See 8 CFR 103.7(b)(1)(i)(BBB)(2)
(Oct. 1, 2020); proposed 8 CFR 106.2(b)(4)(i).236 USCIS does not charge a fee to military
naturalization applicants because such fees are prohibited by statute. See INA secs. 328(b)(4),
329(b)(4), 8 U.S.C. 1439 (b)(4), 8 U.S.C. 1440(b)(4). Applicants who request a hearing on a
administrative and adjudicative burden and the cost of such covered by other fee payers, which as explained below
is limited.
233Based on actual FY 2020 revenue collections, 3,430 people filed Form N-400 with Form I-942. In the same year,
726,519 paid the full fee for Form N-400. Thus, the total fee-paying volume for both is 729,949. Reduced fee
applicants represented approximately 0.47 percent of total Form N-400 applicants.
234 This includes a reversal of the 2020 fee rule’s removal of the Form I-942.
DHS notes that no other applicant is exempt from the Form N-400 fee but any other applicant submitting a Form
235
N-400 may request a fee waiver.

236DHS made no changes to the fee exemptions for military members and veterans in the 2020 fee rule. See 84 FR
62317.
naturalization decision under INA sec. 328 or 329 with respect to military service will continue
to be fee exempt. See 8 CFR 103.7(b)(1)(i)(AAA) (Oct. 1, 2020); proposed 8 CFR 106.2(b)(3).
Current or former military members of any branch of the U.S. armed forces will continue to be
exempt from paying the fee for an Application for Certificate of Citizenship, Form N-600. See 8
CFR 103.7(b)(1)(i)(EEE) (Oct. 1, 2020); proposed 8 CFR 106.2(b)(8). While the statute
prohibits fees for military naturalization applicants themselves, DoD currently reimburses
USCIS for costs related to such applications.237 Accordingly, USCIS does not propose to
increase other fees to subsidize the costs of military naturalization applications.
4. Application for Certificate of Citizenship (Form N-600) and Application for Citizenship and
Issuance of Certificate Under Section 322 (Form N-600K)
As discussed earlier in this preamble, DHS bases most proposed fees on fee-paying unit
costs from the ABC model. See section V.B.3., Assessing Proposed fees. Other proposed fees,
such as those for naturalizations forms, are based the current fees plus a limited fee increase. Id.
The current fee for Forms N-600 and N-600K was based on USCIS data that showed
approximately one-third of Form N-600 filers received fee waivers. See 81 FR 73298. In fact, the
substantial fee increase in the FY 2016/2017 fee rule was primarily due to the availability of fee
waivers for other N-600s and N-600Ks. Id. In the 2010 final rule, DHS assumed that every
applicant would pay the fee for Forms N-600 and N-600K.238 However, the fee-paying volume
estimate for Forms N-600 and N-600K decreased from 100 percent in FY 2010/2011 to 67
percent in FY 2016/2017 to reflect USCIS data, showing an increased share of applicants
receiving fee waivers. See 81 FR 73298. In addition, the FY 2016/2017 fee rule removed the
237The proposed fee would increase the reimbursable agreement between USCIS and DoD by $199,500. The current
fees for Form N-400 ($640) and biometric services ($85) total $725 per military naturalization. In FY 2022/2023,
USCIS forecasts an average of 5,700 military naturalizations per year. Under the current fees, this would cost DoD
$4,132,500 on average each year. With the proposed $760 Form N-400 fee (which includes the cost of biometrics),
the same volume would cost $4,332,000, a $199,500 or approximately 5 percent increase.
238Compare Forms N-600 and N-600K between Tables 10 and 11 in the 2010 proposed rule. See 75 FR 33468-
33469 (June 11, 2010). The 2010 proposed rule assumed no fee waivers for Forms N-600 and N-600K because
workload volumes are equal to fee-paying volumes for the two respective forms. The 2010 final rule adopted the
proposed fees for Forms N-600 and N-600K. See 75 FR 58964 (Sept. 24, 2010).
difference in fees between forms filed for biological children versus forms filed for adopted
children. See 81 FR 73297-73298. In response to the FY 2016/2017 fee rule NPRM, some
commenters stated that the proposed fee increases would result in a significant additional burden
for applicants, including adoptive families. Nevertheless, DHS increased the fees to recover the
cost of adjudications.
In the 2020 fee rule, fees for Forms N-600 and N-600K decreased. See 85 FR 46792.
However, that fee decrease was the result of limitations on fee waivers that were included in that
enjoined rule. See 85 FR 46861. DHS is not proposing to similarly restrict fee waivers in this
rule. Therefore, fee waivers continue to contribute to the proposed fee increases. Recent USCIS
data indicate that approximately 53 percent of Form N-600 applicants and approximately 74
percent of Form N-600K applicants pay the respective fees, and the fees proposed in this rule
reflect that.239 This means that every fee-paying Form N-600 applicant would need to pay almost
double the estimated unit cost of the application in order to accommodate applicants that
received a fee waiver or qualified for a fee exemption for Form N-600 if the burden were limited
to Form N-600 filers.
The current fees represent a combined fee for both Forms N-600 and N-600K.240 The
proposed fees for Forms N-600 and N-600K are calculated and proposed separately. USCIS
estimated separate workload and fee-paying volumes for each in this proposed rule. By
determining separate volumes and fee-paying percentages for Forms N-600 and N-600K, these
proposed fees better reflect the fee-paying percentage of each respective benefit request.
239See Section V.B.1 earlier in this NPRM. Compare the workload to the fee-paying volume for Forms N-600 and
N-600K. Divide the fee-paying receipts by the workload for the fee-paying percentage. For example, Form N-600
estimated workload is 30,000. The estimated fee-paying volume is 16,041. Estimated fee-paying divided by
estimated workload equals 53.47 percent as the fee-paying percentage.
See 103.7(b)(1)(i)(EEE) and (FFF) (Oct. 1, 2020). Both used the same $1,070 fee; see also 81 FR 73295 (Oct. 24,
240
2016).
DHS recognizes that increasing fees for Forms N-600 and N-600K to account for the full
cost of adjudication may adversely impact applicants who are generally children and are already
citizens by law. DHS has determined that the combined effect of high cost and low fee-paying
volume would otherwise place an inordinate fee burden on individuals requesting certificates of
citizenship. Also, DHS has decided that limiting the fee increase will promote citizenship and
immigrant integration.
Therefore, DHS proposes to limit the increase of the fee for these forms and apply the
cost reallocation methodology as described in section VIII.F.5., Proposed Changes to Other
Naturalization-Related Application Fees. This proposed fee remains below the estimated cost
from the USCIS ABC model. By limiting the fee increase, DHS may reduce the financial burden
on these applicants. In addition, limiting the N-600 fees does not appreciably increase other fees
by shifting an inordinate amount of costs of adjudicating the N-600 to them. The increase to
other forms is only $5 in many cases, compared to an increase of hundreds of dollars to the N-
600 and N-600K fees to recover full cost. For example, if DHS proposed to recover full cost on
Form N-600 and N-600K, then proposed fees for Form N-600 would range from $1,835 when
filed online to $2,080 when filed on paper. These hypothetical proposed fees are $450 and $695
more than the respective proposed fees in this rulemaking. Thus, DHS concludes that the
proposed Form N-600 and N-600K fees represent a reasonable balance between the beneficiary-
pays and ability-to-pay fee-setting models being employed to calculate the fees in this proposed
rule.
5. Proposed Changes to Other Naturalization-Related Application Fees
There are other naturalization and citizenship related forms that may be submitted in
coordination with the naturalization or certificate of citizenship application. Other forms may be
submitted before or after such applications for other benefits. In some cases, such as Form N-
565, DHS proposes to recover full cost; however, proposed fees for most naturalization services
remain below estimated cost. See Table 14.

DHS uses its fee setting discretion to adjust certain immigration request fees that would
be overly burdensome on applicants, petitioners, and requestors. Historically, as a matter of
policy, DHS has chosen to limit USCIS fee adjustments for certain benefit requests to the
weighted average fee increase represented by the model output costs for fee-paying benefit types.
See 75 FR 33461.241 Any additional costs from these benefit request types beyond this calculated
weighted average increase figure would be reallocated to other benefit types.
DHS has continuously limited the fees for the following forms:
 Form N-300, Application to File Declaration of Intention;
 Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under
Section 336 of the INA); and
 Form N-470, Application to Preserve Residence for Naturalization Purposes.
DHS recognizes that charging less than the full cost of adjudicating an immigration
benefit request requires USCIS to increase fees for other immigration benefit requests to ensure
full cost recovery.242 Nevertheless, DHS proposes to continue limiting the fees for these forms as
they are related to naturalization benefits and some have low receipt numbers.
DHS further proposes to maintain the current fee for Form N-565, Application for
Replacement Naturalization/Citizenship Document despite the FY 2022/2023 USCIS ABC
model calculating a lower fee for it. The current fee for Form N-565 is $555. There is no fee
when this application is submitted under 8 CFR 338.5(a) or 343a.1 to request correction of a
certificate that contains an error. DHS considered lowering the fee as provided in the model, but
decided that the revenue above the costs of adjudicating that would be generated by maintaining
241 See also FY 2008/2009 Fee Rule. 72 FR 4910.

242This complies with INA sec. 286(m), 8 U.S.C. 1356(m), which authorizes DHS to set USCIS fees at a level
required to cover the costs of providing applicants, petitioners, or requestors a service or part of a service “without
charge.”
the current N-565 fee would help to mitigate the fee increases for other forms.243 DHS weighed a
number of factors in deciding to keep the current fee, which is $180 higher than the FY
2022/2023 fee-paying unit cost. See Table 14. DHS recognizes that obtaining a replacement
Naturalization/Citizenship Document may be necessary at times; however, a U.S. passport is an
available alternative to proof of U.S. citizenship. The number of individuals who would file
Form N-565 is limited, a fee waiver is still available, and the fee is not increasing from the FY
2016/2017 fee rule. Therefore, DHS determined that keeping the fee at the amount that it has
been for the last 5 years would not be unduly burdensome on applicants or limit access to a
replacement certificate. Thus, DHS decided that applicants for a replacement
naturalization/citizenship document would pay the current fee although the amount is above the
fee-paying unit cost calculated by the ABC model.
6. Request for Comments
While DHS proposes no changes to the Request for Reduced Fee (Form I-942) income
threshold for the naturalization application, DHS specifically requests comments on the
appropriate level of income that USCIS should use to determine eligibility for the reduced fee
and data to support that suggested level or measure. DHS also requests comments on limiting the
increase of some fees and applying the cost reallocation methodology.
G. Fees for Online Filing

The June 2018 OMB report, “Delivering Government Solutions in the 21st Century,”
recognized that an overarching source of Government inefficiency is the outdated reliance on
paper-based processes, and prioritized the transition of Federal agencies’ business processes and
recordkeeping to a fully electronic environment.244 The report noted that Federal agencies
collectively spend billions of dollars on paper management, including processing, moving, and
243 See section V.B.3. of this preamble for more information on assessing proposed fees.
OMB, “Delivering Government Solutions in the 21st Century: Reform Plan and Reorganization
244
Recommendations” (2018), available at https://www.whitehouse.gov/wp-content/uploads/2018/06/Government-

Reform-and-Reorg-Plan.pdf.
maintaining large volumes of paper records, and highlighted the key importance of data,
accountability, and transparency.245 Significantly, it cites USCIS’ electronic processing efforts as
an example of an agency initiative that aligns with the prioritized reforms.246
The FY 2022 President’s Budget also noted the need for effective, efficient, and modern
Federal information technology to improve service delivery.247 USCIS will continue to expand
upon the current level of operational digital filing platforms and encourage filers to utilize these
online resources for a simpler, faster, and more responsive filing experience.248
DHS understands that while USCIS has embraced technology in adjudication and
recordkeeping, it remains bound to the significant administrative and operational burdens
associated with benefit requests that are submitted on paper. The intake, storage, and handling of
paper require tremendous operational resources, and information recorded on paper cannot be as
effectively standardized or used for fraud and national security, information sharing, and system
integration purposes. However, technological advances have allowed USCIS to develop
accessible, digital alternatives to traditional paper methods for intaking and adjudicating benefit
requests. Every benefit request submitted online instead of on paper provides direct and
immediate cost savings and operational efficiencies to both USCIS and filers—benefits that will
increase throughout an individual’s immigration lifecycle as more benefit requests become
available for online filing and case management.
Even as benefit requests become available for online filing, USCIS continues to provide
the option of engaging with USCIS on paper. DHS recognizes that people adopt new technology
at varying rates and have different levels of access to technology resources.249 In this case, the
245 Id. at 100.

246 Id. at 101-02.
247OMB, “Budget of the U.S. Government: Fiscal Year 2022” (2021), available at https://www.whitehouse.gov/wp-
content/uploads/2021/05/budget_fy22.pdf.
248OMB, “12. Information Technology and Cybersecurity Funding” (2021), available at
https://www.whitehouse.gov/wp-content/uploads/2021/05/ap_12_it_fy22.pdf.
249See Brian Kennedy & Cary Funk, Pew Research Group, “28 percent of Americans are ‘strong’ early adopters of
technology” (July 12, 2016), available at http://www.pewresearch.org/fact-tank/2016/07/12/28-of-americans-are-
complexity of the immigration benefit request system may exacerbate the tendency toward the
status quo. Those familiar with paper-based forms and interactions may feel there is no reason to
change a method that has worked for them in the past.
DHS agrees that transitioning to online filing for benefit requests is an important step in
improving USCIS service and financial stewardship while promoting the objectives of the
Government Paperwork Elimination Act250 and the E-Government Act.251 Therefore, USCIS has
calculated the fee-paying unit cost (model output) for paper filing and online filing separately.
USCIS modified its ABC model to distinguish between paper and online filing costs when both
options exist for an immigration benefit request.252 USCIS used domestic receipt data from April
2020 to March 2021 to estimate the percentage of receipts by filing method (online or paper) for
each type of immigration benefit request available for online filing. USCIS applied those
percentages to the total receipt forecasts by fiscal year to estimate online and paper filing
volumes for immigration benefit requests for which both filing options are available.253 The ABC
model assigned costs differently to the two filing methods. For example, the model assigned the
Intake activity to only paper workloads. The Intake activity represents mailroom operations, data
entry and collection, file assembly, fee receipting, adjudication of fee waiver requests, and
lockbox operations.
strong-early-adopters-of-technology. See also Emily Vowels, Pew Research Group, “Digital divide persists even as
Americans with lower incomes make gains in tech adoption” (June 22, 2021), available at
https://www.pewresearch.org/fact-tank/2021/06/22/digital-divide-persists-even-as-americans-with-lower-incomes-
make-gains-in-tech-adoption/.
250 See Pub. L. 105–227, 112 Stat. 2681 (Oct. 21, 1998).
251 See Pub. L. 107–347, 116 Stat. 2899 (Dec. 17, 2002).
252USCIS uses commercially available ABC software, CostPerform, to create financial models to implement ABC,
as described in the Methodology section of this preamble and the supporting documentation in the docket for this
proposed rule. The supporting documentation also provides additional information on activities and their
assignments in the ABC model.
253 USCIS did not use online filing data for Form I-765 during this timeframe. Online filing for certain applicants
filing Form I-765 became available on April 12, 2021. See USCIS, “F-1 Students Seeking Optional Practical
Training Can Now File Form I-765 Online,” available at https://www.uscis.gov/news/news-releases/f-1-students-
seeking-optional-practical-training-can-now-file-form-i-765-online (last revised Apr. 12, 2021). USCIS used the
online filing rates for Form I-539 as a proxy for the online filing rates for the eligible categories of I-765 filers.
DHS recognizes that the international COVID-19 pandemic may have increased the level
of online filing versus paper filing for benefit requests where online filing is available. To
encourage continued use of online filing at the same or a higher rate after the pandemic, DHS
proposes a lower fee for online filing of immigration benefit requests for which both paper and
online filing options are available.254 See proposed 8 CFR 106.2.255 See Table 15, Fees for
Online Filing, for a comparison of paper and online filing fees. In some cases, DHS proposes to
not change the fee. See section V.B.3., Assessing Proposed Fees, for more information.
Table 15: Proposed Fees for Online Filing

Immigration Benefit Request Online Paper Difference
Filing Fee Filing Fee
I-90 Application to Replace Permanent $455 $465 $10

Resident Card
I-130 Petition for Alien Relative $710 $820 $110
I-539 Application to Extend/Change $525 $620 $95
Nonimmigrant Status
I-765 Application for Employment $555 $650 $95
Authorization
N-336 Request for Hearing on a Decision in $830 $830 $0
Naturalization Proceedings
N-400 Application for Naturalization $760 $760 $0
N-565 Application for Replacement $555 $555 $0
N-600 Application for Certificate of $1,385 $1,385 $0
Citizenship
N-600K Application for Citizenship and $1,385 $1,385 $0
Issuance of Certificate
G-1041 Genealogy Index Search Request $100 $120 $20
G-1041A Genealogy Records Request $240 $260 $20
254 DHS codified a fee for forms currently available for online filing with USCIS and filed online that was $10 lower
than the fee for the same paper. 8 CFR 106.2(d) (Oct. 2, 2020). In this rule, DHS also proposes separate fees for
filing forms online.
255CBP accepts USCIS Forms I-192 and I-212 online. Available at https://www.cbp.gov/travel/international-
visitors/e-safe (last modified Oct. 28, 2020). However, USCIS has no data on the cost of online filing with CBP.
Therefore, DHS proposes that USCIS online and paper fees apply to USCIS forms submitted to USCIS only.
DHS bases the proposed separate online and paper fees on ABC model results. When
DHS proposes limited fee increases or to continue using the current fee, the calculation is based
on the current fee instead of ABC model results. As such, there are not separate proposed fees
for online and paper filing for immigration benefit requests with limited fee increases or held to
the current fee.
USCIS will further evaluate the effects of these changes in future biennial fee reviews.
For example, if the level of online filing increases or as more benefit requests become available
for online filing, then USCIS will incorporate that information into future fee reviews.
H. Form I-485, Application to Register Permanent Residence or Adjust Status

1. Interim Benefits
Usually, a primary immigration benefit request must be approved before an applicant can
receive associated benefits such as employment authorization or a travel document or both. That
is, USCIS only grants associated benefits after or at the same time as it grants the primary
immigration benefit request. However, in some situations, an applicant may qualify for an
associated immigration benefit while the primary benefit request is still pending adjudication.
For example, in certain instances, a person with a pending adjustment of status application may
apply for employment authorization or a travel document or both. See 8 CFR 274a.12(c)(9).
When associated benefits are issued while a primary benefit request is pending, USCIS refers to
them as “interim” benefits.
DHS proposes to require separate filing fees for Form I-765, Application for
Employment Authorization, and Form I-131, Application for Travel Document, when filed
concurrently with Form I-485, Application to Register Permanent Residence or Adjust Status, or
as interim benefit requests on the basis of a pending Form I-485 filed on or after the effective
date of this rule.

Before the FY 2008/2009 fee rule, applicants paid separate fees for Form I-765 and Form
I-131 while waiting for USCIS to adjudicate Form I-485. Applicants who had not yet received a
permanent residence card (PRC, also known as a “Green Card” or Form I-551), but who had to
renew these interim benefits, paid any associated fees for the renewals. See 72 FR 4894. Since
the FY 2008/2009 fee rule, USCIS has allowed applicants who properly file and pay the required
fee for Form I-485 to file Forms I-765 and I-131 without paying the fees for those forms. Form I-
765 or Form I-131, or both, may be filed concurrently with Form I-485 or as standalone interim
benefit requests while Form I-485 is still pending. Applicants who have not yet received a PRC
but who have to renew these interim benefits also do not have to pay the associated fees. For the
FY 2008/2009 fee rule, USCIS determined that calculating fees for Form I-485 at an amount that
would include interim benefits would improve efficiency and save most applicants money. See
72 FR 4894 and 29861-29862. By providing that the fees for interim benefits would be included
in the fee for Form I-485, USCIS addressed the perception that it benefits from increased
revenue by processing Form I-485 more slowly. See 72 FR 4894 and 72 FR 29861-29862 (May
30, 2007). The FY 2010/2011 fee rule continued the practice of “bundling” the fees for interim
benefits and Form I-485. See 75 FR 58968.
In the FY 2016/2017 fee review, USCIS calculated the workload volume and fee-paying
percentage for Forms I-765 and I-131 that were not associated with a Form I-485. This enabled
USCIS to derive a fee-paying percentage for Forms I-765 and I-131 not filed concurrently with a
Form I-485. See 81 FR 26918 (May 4, 2016) and 81 FR 73300. By isolating standalone Form I-
765 and Form I-131 interim benefit applications from those filed concurrently with Form I-485,
USCIS more accurately assessed fee-paying percentages, fee-paying volumes, and fees for all
three benefit types. Id.
DHS proposes to charge separate fees for Form I-765 and Form I-131 when filed
concurrently with Form I-485 or as interim benefit requests while Form I-485 is pending
adjudication. See proposed 8 CFR 106.2(a)(16); 8 CFR 106.2(a)(32); 8 CFR 106.2(a)(7)(iii).256
The proposed change would be subject to phased implementation. Specifically, individuals who
filed a Form I-485 after July 30, 2007 (the FY 2008/2009 fee rule), and before this change
proposed in this rule takes effect will continue to be able to file Form I-765 and Form I-131
without additional fees while their Form I-485 is pending and would, therefore, be unaffected by
this change. Individuals who filed Form I-485 before the FY 2008/2009 fee rule and those who
file Form I-485 on or after the date the proposed change becomes effective would pay separate
fees for the interim benefits. The proposed changes are summarized in Table 16. The date the
proposed changes would take effect is not yet available.
Table 16: Form I-485 Filing Dates and Interim Benefits

Form I-485 Filing Date Bundled Fee Applies?
Before July 30, 2007 No
After July 30, 2007, but before implementation of this change via Yes
final rule
After implementing this proposed change with a final rule No
DHS proposes this change to reduce the proposed fee increases for Form I-485 and other
forms. For example, in the FY 2016/2017 fee rule, USCIS isolated the workload volume and fee-
paying percentage of Forms I-765 and I-131 that are not associated with Form I-485. See 81 FR
26918. Isolating the volumes for interim benefits reduced the overall volume on the fee schedule
because USCIS only counted interim benefit volumes as part of the Form I-485 forecast instead
of counting them twice (for Form I-485 and the interim benefit). USCIS expects approximately
500,000 new fee-paying annual interim benefit applications in the FY 2022/2023 forecast as a
result of the proposed change.
256In the 2020 fee rule, DHS required separate filing fees when filing Form I-765, Application for Employment
Authorization, and Form I-131, Application for Travel Document, concurrently with a Form I-485, Application to
Register Permanent Residence or Adjust Status, or after USCIS accepts their Form I-485 and while it is still
pending. DHS is not proposing to reverse that change and is proposing it again in this rule for the reasons stated.
In the proposed fee schedule, USCIS assumes these interim benefit applicants will pay
the applicable fees for Forms I-485, I-765, and I-131. If applicants continued to only pay a
bundled fee, then the proposed fee for Form I-485 would be $1,715, which is $175 or
approximately 37 percent more than the actual proposed fee of $1,540. See 8 CFR
103.7(b)(1)(i)(U) (Oct. 1, 2020); proposed 8 CFR 106.2(a)(16). Other proposed fees would also
change on this hypothetical fee schedule including Form I-765, Application for Employment
Authorization. If USCIS continued to allow free interim benefits, the proposed Form I-765 fee
would be $825 when filed on paper. This would be $415 or approximately 101 percent more than
the current $410 fee. By proposing that Form I-765 require the fee when filing as an interim
benefit, the proposed Form I-765 fee is $650, which is $240 or approximately 59 percent more
than the current $410 fee. See 8 CFR 103.7(b)(1)(i)(II) (Oct. 1, 2020); proposed 8 CFR
106.2(a)(43)(ii). By having one fee for Form I-485 and interim benefits, the weighted average
fee increase would be 51-percent compared to the 40-percent average fee increase in the
proposed fee schedule.257
In a bundled scenarios, USCIS only counts Form I-485 as a fee-paying receipt. In a
scenario without bundled interim benefits, USCIS may count Forms I-485, I-765, and I-131 each
as up to three fee-paying receipts. In general, fees are higher in a fee schedule with bundled fee
interim benefits because it has lower fee-paying volumes than the proposed fee schedule. This
means there are fewer immigration benefit requests from which USCIS can recover projected
costs in a fee schedule with bundled fee interim benefits. For example, USCIS estimates that
approximately 65 percent of Form I-765 applicants may pay the Form I-765 fee in a scenario
without bundled interim benefits; this is the proposed fee scenario with higher fee-paying
257USCIS uses a weighted average instead of a straight average because of the difference in volume by immigration
benefit type and the resulting effect on fee revenue. In a fee schedule with free interim benefits, the sum of the
current fees multiplied by the projected FY 2022/2023 fee-paying receipts for each immigration benefit type,
divided by the total fee-paying receipts is $522. This is $4 higher than in the proposed fee schedule because the fee-
paying volumes are lower when DHS assumes free interim benefits. The weighted average proposed fee is $790,
$65 or approximately 16 percent higher than the weighted average current fee of $522 in this hypothetical fee
schedule that assumes free interim benefits.
volumes overall. In a bundled scenario, approximately 45 percent of Form I-765 applicants may
pay the fee for Form I-765. While Form I-485 applicants would not have to pay the fee for Form
I-765 in a bunded scenario, the fee for all other Form I-765 applicants would be higher because a
bundled scenario reduces fee-paying receipts overall. In the bundled scenario, people would pay
more to recover the cost of Form I-765 because of the approximate 20 percent difference
between the two scenarios. These points of comparison ignore additional fee exemptions that are
also part of the proposed fees. Put another way, if USCIS performs less bundled work, then
applicants pay lower fees for that work because it will increase fee-paying volumes for Forms I-
485, I-765, and I-131. If USCIS continues to offer bundled interim benefits, then other
immigration benefit request fees will be higher. DHS proposes separate fees for interim benefit
applications and Form I-485 applications in order to lower the proposed fees for most other
applicants, petitioners, and requestors, and to tailor applicants’ costs more directly to the benefits
for which they apply.
DHS proposes to increase the Form I-485 fee to $1,540, which is $400 or 35 percent
more than the current $1,140 fee that includes interim benefits. USCIS did not realize the
efficiency gains anticipated when it originally bundled interim benefits in the FY 2008/2009 fee
rule. See 72 FR 4894. This is due to a number of reasons. Mainly, annual numerical visa limits
established by Congress and high demand have created long wait times for some visa categories,
known as retrogression. Some Form I-485 applicants must wait years for visas to become
available again after they file their adjustment of status applications. 258 While USCIS has some
control over its own allocation of resources to address processing times and backlogs, USCIS has
no direct control over delays caused by the DOS’s allocation of visa numbers and Congress’
annual visa numerical limits. USCIS has taken some actions to alleviate the filing burden and
fees on those individuals whose Form I-485 applications are still pending due to the lack of
258See USCIS, “Visa Retrogression,” available at https://www.uscis.gov/green-card/green-card-processes-and-

procedures/visa-availability-priority-dates/visa-retrogression (last updated Mar. 8, 2018).
available immigrant visas. For example, DHS, as of June 9, 2021, provides EADs with 2-year
rather than 1-year validity periods to decrease the burden on both the Department and applicants
caused by long waits for visa availability.259
As a result of this proposal, new Form I-485 applicants would only pay for the benefits
that they request. In the FY 2008/2009 and FY 2010/2011 fee rules, some commenters stated
they did not want to pay for additional benefits they did not want, need, or receive, which was a
consequence of the bundled fee approach. See 72 FR 29861-29863 (May 30, 2007) and 75 FR
58968. In previous fee rules, bundled interim benefit fees were only associated with a pending
Form I-485. However, other applications may also warrant interim benefits.260 DHS has decided
it is more equitable to treat all petitioners and applicants who apply for interim benefits the same,
regardless of the pending primary request that may grant interim benefits, even though some
applicants would pay significantly more to adjust status and apply for one or more interim
benefits. If USCIS continues offering bundled interim benefits, then other customers may bear
the burden of higher fees as a result of bundled interim benefits that do not benefit them. For
example, DHS believes it would present unfair barriers for unrelated applicants with limited
financial resources (like asylum renewals or students) for Form I-765 to pay higher fees so that
Form I-485 applicants would pay lower fees. Table 17 compares the current fees for Form I-485
applicants that may bundle interim benefits to the proposed fees without bundling.
Table 17: Current and Proposed Fees for Adjustment of Status with Interim Benefits
Immigration Benefit Request Current Proposed Difference Percentage
Fees Fees Difference
I-485, Application to Register
$1,140 $1,540 $400 35 percent
Permanent Residence or Adjust Status
259See USCIS, “USCIS Policy Manual” (Vol. 10), Employment Authorization, Part B, Specific Categories, Chapter
4, Adjustment Applicants Under INA sec. 245, Policies to Improve Immigration Services at
https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20210609-EmploymentAuthorization.pdf
(last updated June 9, 2021). USCIS may, in its discretion, determine the validity period assigned to any document
issued evidencing an individual’s authorization to work in the United States. See 8 CFR 274a.12(b).
260Individuals may derive interim benefits from an Application for Temporary Protected Status, Form I-821. Unless
otherwise stated in this proposed rule preamble, DHS uses interim benefits to refer to benefits associated with Form
I-485, Application to Register Permanent Residence or Adjust Status.
Table 17: Current and Proposed Fees for Adjustment of Status with Interim Benefits
Immigration Benefit Request Current Proposed Difference Percentage
Fees Fees Difference
I-765, Application for Employment
$410 $650 $240 59 percent
Authorization - Paper
I-131, Application for Travel
$575 $630 $55 10 percent
Document
-100
Biometric Services Fee $85 $0 ($85)
percent
Total Fees for Form I-485 and
$1,540 $315 26 percent
biometric services
Total Fees for Forms I-485 and I-765
$2,190 $965 79 percent
and biometric services
Total Fees for Forms I-485 and I-131 $1,225
$2,170 $945 77 percent
and biometric services
Total Fees for Form I-485, all interim 130
$2,820 $1,595
benefits, and biometric services percent
DHS acknowledges that applicants and petitioners may face additional difficulties in
paying the proposed fees, and may be required to request a fee waiver if eligible, save money
longer to afford the fees, or resort to credit cards or borrowing to pursue their or their family
members’ immigration benefit. DHS has weighed these impacts and interests and considered
alternatives to the proposals in this rule as described in this preamble. DHS is committed to
affordability and access for all and acknowledges that the increase in some fees may appear
contrary to this commitment. As discussed above, however, bundled interim benefits are
currently making other immigration benefits less affordable. DHS requests comments on the
proposed change to Form I-485 and interim benefits.
2. Form I-485 Fee for Child Under 14, Filing with Parent
Currently, Form I-485 has two fees: the fee for an adult is $1,140, and the fee for a child
under the age of 14 concurrently filing with a parent is $750. See 8 CFR 103.7(b)(1)(i)(U) (Oct.
1, 2020). DHS proposes to require payment of the proposed $1,540 fee for all applicants,
including children under the age of 14 years concurrently filing Form I-485 with a parent.261 See
8 CFR 103.7(b)(1)(i)(U)(2) (Oct. 1, 2020); proposed 8 CFR 106.2(a)(16).262
DHS no longer believes there is a cost basis for the two different Form I-485 fees. As
explained in the FY 2016/2017 fee rule, USCIS does not track the adjudication time for Form I-
485 based on the age of the applicant, so there are no data showing a cost difference correlated to
the difference in applicant age. See 81 FR 73301. The FY 2016/2017 fee rule calculated the $750
fee using the model output to comply more closely with the ABC methodology for full cost
recovery. See 81 FR 26919. USCIS assumed that the $750 fee would not include the cost of an
EAD. Id. As such, the completion rate for the $750 fee was lower than for most adults. However,
because DHS proposes to charge separate fees for interim benefits, there are no longer any Form
I-765 adjudication costs included in the calculation of the fee, meaning that the previous
rationale for providing a discount no longer exists. However, children under the age of 14 do not
typically pay the $85 biometric services fee required for adults that apply to adjust status, which
this rule proposes to bundle into the fee for Form I-485.
In the proposed Form I-485 fee, USCIS assumes the same completion rate and biometric
services for adults and children to reflect USCIS data and processes, and because DHS proposes
to separate interim benefit request fees from the fee for Form I-485. DHS believes that a single
fee for Form I-485 will reduce the burden of administering separate fees and better reflect the
cost of adjudication. This proposal will affect a small percentage of Form I-485 applicants. In FY
2019 and FY 2020, approximately five to six percent of Form I-485 applicants paid the $750 fee.
See Table 18 for Form I-485 fee-paying receipts and percentages for the 2 years.
261The parent may be seeking classification as an immediate relative of a U.S. citizen, a family-sponsored
preference immigrant, or a family member accompanying or following to join a spouse or parent under sections
201(b)(2)(A)(i), 203(a)(2)(A), or 203(d) of the INA; 8 U.S.C. 1151(b)(2)(A)(i), 1153(a)(2)(A), or 1153(d).
262 DHS made this change in the 2020 fee rule and is proposing that it not be reversed for the reasons stated.
Table 18: Form I-485 Fee-Paying Receipts
FY 2019 FY 2020
Form I-485 Applicant Current Percent of Percent of
Fee-Paying Fee-Paying
Type Fee FY 2019 FY 2020
Receipts Receipts
Applicant under the age of
14 years who submits the
application concurrently $750 26,437 5 30,166 6
with the Form I-485 of a
parent
All other fee-paying
$1,140 462,844 95 446,980 94
applicants for Form I-485
Total N/A 489,281 100 477,146 100
3. INA Sec. 245(i) Statutory Sum
In addition, DHS is proposing to clarify the statutory sum for applicants for adjustment of
status under INA sec. 245(i).263 Such applicants are required to properly file Form I-485 with fee
along with Form I-485 Supplement A and the $1,000 statutory sum, unless exempted by the
statute. USCIS proposes that the statutory sum for Form I-485 Supplement A, Adjustment of
Status Under Section 245(i), be revised to clarify that Form I-485 Supplement A and the $1,000
statutory sum must be submitted when Form I-485 is filed or still pending. See proposed 8 CFR
106.2(a)(21). DHS is also proposing to remove the additional reference from the Form I-485
Supplement A that states there is no required statutory sum when the applicant is an unmarried
child under 17 or the spouse or the unmarried child under 21 of an individual with lawful
immigration status and who is qualified for and has applied for voluntary departure under the
family unity program. See 8 CFR 103.7(b)(1)(i)(V) (Oct. 1, 2020); proposed 8 CFR 106.2(a)(17).
Those exemptions from the required statutory sum are explicitly provided by statute and will be
included in the applicable form instructions. See INA sec. 245(i)(1)(C), 8 U.S.C. 1255(i)(1)(C).
Therefore, it is unnecessary to codify them in the CFR.
263 The additional $1,000 sum is required to be submitted with each INA sec. 245(i), 8 U.S.C. 1255(i), adjustment
of status application, unless the applicant is (1) an unmarried child under age 17, or (2) the spouse or unmarried
child of a legalized alien who satisfies the requirements for an exemption in 8 CFR 245.10(c).
I. Continuing to Hold Refugee Travel Document Fee for Asylees to the Department of State
Passport Fee
Consistent with U.S. obligations under Article 28 of the 1951 Convention relating to the
Status of Refugees,264 DHS proposes to continue to link the fee charged for Form I-131,
Application for Travel Document, to the DOS’s fee for a first time United States passport book
when Form I-131 is filed by asylees, or by LPRs who obtained such status as asylees, to request
a refugee travel document.265 In previous fee rules, DHS aligned the refugee travel document
fees to the sum of the U.S. passport book application fee plus the additional execution fee that
DOS charges for first time applicants. See 81 FR 73301 and 75 FR 58972. Since the FY
2016/2017 fee rule, DOS increased the execution fee from $25 to $35, which is a $10 or 40
percent increase. See DOS, “Schedule of Fees for Consular Services, Department of State and
Overseas Embassies and Consulates - Passport Services Fee Changes,” 83 FR 4425 (Jan. 31,
2018). In addition, DOS increased the passport book security surcharge from $60 to $80, a $20
or 33 percent increase. See DOS, “Schedule of Fees for Consular Services-Passport Security
Surcharge,” 86 FR 59613 (Oct. 27, 2021). Together, these two DOS rules represent a $30
increase in passport book fees since DHS last changed the refugee travel document fees. Under
this proposal, DHS would increase refugee travel document fees by a conforming amount for
asylees and LPRs who obtained such status as asylees. DHS refugee travel document fees for this
population would be $165 for adults and $135 for children under the age of 16 years, consistent
with U.S. passport fees. See proposed revised and republished 8 CFR 106.2(a)(7)(i) and (ii). As
discussed in section VII.B.12. of this preamble, DHS proposes to exempt refugees from paying
the fee for refugee travel documents. DHS estimates that the cost to USCIS of processing refugee
264 The United States is party to the 1967 Protocol Relating to the Status of Refugees, Jan. 31, 1967, 19 U.S.T. 6224,
606 U.N.T.S. 267 (1968), which incorporates articles 2 through 34 of the 1951 Convention. The United States is not
party to the 1951 Convention. See Sale v. Haitian Ctrs. Council, Inc., 509 U.S. 155, 169 n.19 (1993) (“Although the
United States is not a signatory to the Convention itself, in 1968 it acceded to the United Nations Protocol Relating
to the Status of Refugees, which bound the parties to comply with Articles 2 through 34 of the Convention as to
persons who had become refugees because of events taking place after January 1, 1951.”).
265See 75 FR 58972 (Sept. 24, 2010) (discussing Article 28 standards for assessing charges for a refugee travel
document).
travel documents exceeds the fee for a U.S. passport book. Consistent with past and current
practice, DHS proposes to set other fees marginally higher to recover the difference between the
cost of adjudicating Form I-131 for refugee travel documents and the revenue generated from the
fees in light of the considerations and policy reasons described above relating to refugees.
J. Form I-131A, Carrier Documentation

DHS proposes to separate the fee for Form I-131A, Application for Carrier
Documentation, from other travel document fees and maintain the current Form I-131A fee. See
8 CFR 103.7(b)(1)(i)(M)(3) (Oct. 1, 2020); proposed 8 CFR 106.2(a)(8). The proposed fee for
Form I-131A is the same as the current $575 fee. Id. USCIS began using Form I-131A,
Application for Carrier Documentation, in 2016. See 80 FR 59805 (Oct. 2, 2015). In the FY
2016/2017 fee rule, DHS implemented a fee that was calculated using the total Form I-131 and I-
131A workload. See 81 FR 73294-73295.
Currently, certain LPRs may use Form I-131A to apply for a travel document (carrier
documentation) if their PRC, also known as a “Green Card” or Form I-551, or their re-entry
permit is lost, stolen, or destroyed while outside of the United States. Carrier documentation
allows an airline or other transportation carrier to board the LPR without any penalty for
permitting an individual to board without a visa or travel document. See INA sec. 273, 8 U.S.C.
1323 (providing for a fine of $3,000 for each noncitizen without proper documentation). In order
to be eligible for carrier documentation, an LPR who was traveling on a PRC must have been
outside the United States for less than 1 year, and an LPR who was traveling on a re-entry permit
must have been outside the United States for less than 2 years. Form I-131A is not an application
for a replacement PRC or re-entry permit.
DHS proposes that the fee for Form I-131A does not change. While the result of the ABC
model indicated that the fee should decrease, Form I-131A requires a different adjudicative
process than Form I-131, including processing by DOS personnel outside of the United States,
which affects the projected cost for Form I-131A. Other travel documents may be adjudicated
inside or outside of the United States, while the DOS Bureau of Consular Affairs, located outside
of the United States, will process Form I-131A following the closure of most USCIS
international offices.266 The proposed fee includes direct costs to account for the fee DOS
charges USCIS to adjudicate Form I-131A applications, which is approximately $337 per
application.267 In the FY 2020 interagency agreement and in this proposed rule, USCIS projects
that DOS will receive approximately 8,000 Forms I-131A each year. In addition, the proposed
fee includes a portion of the cost of RAIO staff. Among other duties, RAIO oversees the
interagency agreement with the DOS. USCIS may also process some Form I-131A requests at
the remaining offices abroad. However, USCIS is uncertain how many. USCIS is unable to
estimate a workload forecast because the COVID-19 pandemic forced the remaining USCIS
locations abroad to close to the public shortly after the reorganization. In light of this uncertainty,
DHS decided to maintain the current fee to generate more revenue. DHS will reassess the fee in
future fee reviews.
K. Separating Fees for Form I-129, Petition for a Nonimmigrant Worker, by Nonimmigrant
Classification
Currently, employers and other qualified filers, such as agents, sponsoring organizations
and investors (collectively referred to as a “benefit requestor” or separately referred to as a
“petitioner” or “applicant,” as applicable) may use Form I-129, Petition for a Nonimmigrant
Worker, to submit a benefit request on behalf of a current or future nonimmigrant worker to
temporarily perform services or labor, or to receive training in the United States.268 Using this
266See USCIS, “USCIS Will Adjust International Footprint to Seven Locations,” available at
https://www.uscis.gov/news/news-releases/uscis-will-adjust-international-footprint-seven-locations (last updated
Aug. 9, 2019).
267The FY 2020 interagency agreement between DOS and USCIS uses an Economy Act rate of $313.11 for the
adjudication. Additionally, State charges a $23.82 cashiering fee for each Form I-131A. USCIS used FY 2020 rates
when calculating the proposed fees. The total of these two fees is $336.93.
268See USCIS, “Temporary (Nonimmigrant) Workers,” available at https://www.uscis.gov/working-united-
states/temporary-nonimmigrant-workers (last updated Sept. 7, 2011). See also 8 CFR 214.2(h)(2)(i)(A) (Oct. 1,
2020) (stating that “A United States employer seeking to classify an alien as an H-1B, H-2A, H-2B, or H-3
temporary employee must file a petition on Form I-129, Petition for Nonimmigrant Worker, as provided in the form
instructions.”).
single form, petitioners or applicants can file petitions or applications for many different types of
nonimmigrant workers.269 Some classifications also allow nonimmigrants to “self-petition” or
file a petition or application on their own behalf. Some nonimmigrant classifications require use
of Form I-129 supplemental forms, such as the H Classification Supplement, or additional
separate forms, such as Form I-129S, Nonimmigrant Petition Based on Blanket L Petition. In
some cases, certain petitioners or applicants must pay statutory fees in addition to a base filing
fee. For example, several statutory fees exist for H and L nonimmigrant workers.270 In some
cases, petitioners or applicants pay a single fee for multiple nonimmigrant beneficiaries. USCIS
provides several optional checklists to help navigate the specific requirements of some
nonimmigrant classifications.
In the 2020 fee rule, DHS separated Form I-129 into the following forms: Form I-
129E&TN, Petition for Nonimmigrant Worker: E and TN Classifications; Form I-129H1,
Petition for Nonimmigrant Worker: H-1 Classifications; Form I-129H2A, Petition for
Nonimmigrant Worker: H-2A Classification; Form I-129H2B, Petition for Nonimmigrant
Worker: H-2B Classification; Form I-129L, Petition for Nonimmigrant Worker: L
Classifications; Form I-129O, Petition for Nonimmigrant Worker: O Classifications; and Form I-
129MISC, Petition for Nonimmigration Worker: H-3, P, Q, or R Classifications. 8 CFR
106.2(a)(3) (Oct. 2, 2020). DHS and USCIS believed that splitting the form and proposing
several different fees would simplify or consolidate the information requirements for petitioners
and applicants as well as better reflect the cost to adjudicate each specific nonimmigrant
classification. 84 FR 62307.
269For example, nonimmigrants workers in the following classifications: E-1, E-2, E-2C, H-1B, H-2A, H-2B, H-3,
L-1, O-1, O-2, P-1, P-1S, P-2, P-2S, P-3, P-3S, Q-1, R-1, TN1, and TN2. See Form I-129, Petition for a
Nonimmigrant Worker, at https://www.uscis.gov/i-129 (last updated April 23, 2021).
270Various statutory fees apply to H and L nonimmigrants. For more information on the fees and statutory authority,
see USCIS, “H and L Filing Fees for Form I-129, Petition for a Nonimmigrant Worker,” available at
https://www.uscis.gov/forms/h-and-l-filing-fees-form-i-129-petition-nonimmigrant-worker (last updated/reviewed
Feb. 2, 2018).
In the 2020 fee rule, DHS also limited the number of multiple beneficiaries that could be
requested on a single petition for nonimmigrant worker, provided a different fee for petitions for
up to 25 named beneficiaries versus petitions for more than 25 named beneficiaries, and required
that if a petition includes more than 25 beneficiaries, an additional petition is required. 8 CFR
214.2(h)(2)(ii) (Oct. 2, 2020). DHS estimated that it requires less time and resources to
adjudicate a petition with unnamed workers than one with named workers. USCIS runs
background checks on named workers, but it cannot do so for unnamed workers. After a petition
for unnamed workers is approved, the petitioner finds workers and then the workers apply for
nonimmigrant visas with DOS, who will then vet the worker before adjudicating the visa
application. Therefore, USCIS believes that it takes less time for USCIS immigration services
officers to adjudicate a petition with unnamed workers. 84 FR 62309.
In this rule, DHS proposes different fees for Form I-129 based on the nonimmigrant
classification being requested in the petition, the number of beneficiaries on the petition, and, in
some cases, according to whether the petition includes named or unnamed beneficiaries. The
proposed fees are calculated to better reflect the costs associated with processing the benefit
requests for the various categories of nonimmigrant worker. The current base filing fee for Form
I-129 is $460. See 8 CFR 103.7(b)(1)(i)(I) (Oct. 1, 2020). This base filing fee is paid regardless
of how many nonimmigrant workers will benefit from the petition or application, the type of
worker (for example, landscaper, chef, scientist, computer programmer, physician, athlete,
musician, etc.), whether an employee is identified, and without differentiating the amount of time
it takes to adjudicate the different nonimmigrant classifications. In order to reflect these
differences, DHS is proposing a range of fees for petitions and applications for nonimmigrant
workers, listed in Table 19 and explained in the subsequent sections. USCIS believes the
proposed different fees will better reflect the cost to adjudicate each specific nonimmigrant
classification.
In 2017, the DHS Office of Inspector General (OIG) released a report on H-1B visa
participants.271 It discussed how USCIS verifies H-1B visa participants through the
Administrative Site Visit and Verification Program (ASVVP). ASVVP includes site visits on all
religious worker petitioners, including petitioners for R nonimmigrants, as well as randomly
selected site visits for certain H-1B and L workers to assess whether petitioners and beneficiaries
comply with applicable immigration laws and regulations. As a result of the OIG audit, USCIS
began to collect better information on the costs associated with ASVVP. For example, ASVVP
now uses unique project and task codes in the USCIS financial system to track spending. Based
on FY 2020 spending, USCIS estimates that it may spend $8.4 million for ASVVP payroll in the
FY 2022/2023 fee review budget. Additionally, USCIS tracks ASVVP hours by form type in the
FDNS Data System, which USCIS uses to identify fraud and track potential patterns. In the FY
2022/2023 fee review, USCIS used some of this new information to identify distinct costs for
these site visits. USCIS used the ASVVP hours by immigration benefit request to assign the
costs of site visits to Forms I-129, I-360, and I-829. The proposed fees would result in the cost of
ASVVP being covered by the fees paid by the petitioners in proportion to the extent to which
ASVVP is being used for that benefit request.
Additionally, USCIS now captures adjudication hours for nonimmigrant worker petitions
based on the classification for which the petition is filed (see discussion of Completion Rates in
section V.B.2.). Therefore, the proposed fees include the costs associated with the estimated
adjudication hours for each of the new petitions being proposed in this rule.
Table 19: Proposed Form I-129CW Fee and Form I-129 Fees by Nonimmigrant
Classification
Form Nonimmigrant Current Proposed Change Percent
Number Classification Fee(s) Fee(s) Change
I-129 H-1
$460 $780 $320 70%
Classification
271DHS OIG, USCIS Needs a Better Approach to Verify H-1B Visa Participants (Oct. 20, 2017),
https://www.oig.dhs.gov/sites/default/files/assets/2017/OIG-18-03-Oct17.pdf
Table 19: Proposed Form I-129CW Fee and Form I-129 Fees by Nonimmigrant
Classification
Form Nonimmigrant Current Proposed Change Percent
Number Classification Fee(s) Fee(s) Change
I-129 H-2A $1,090 $630 137%
Classification $460 (named); (named); (named);
$530 $70 15%
(unnamed) (unnamed) (unnamed)
I-129 H-2B $1,080 $620 135%
Classification $460 (named); (named); (named);
$580 $120 26%
(unnamed) (unnamed) (unnamed)
I-129 L Classification $460 $1,385 $925 201%
I-129 H-3, P, Q, or R
$460 $1,015 $555 121%
Classifications
I-129 O Classification $460 $1,055 $595 129%
I-129 E or TN $460 $1,015 $555 121%
Classifications
I-129CW CNMI-Only $460 $1,015 $555 121%
Nonimmigrant
Transitional
Worker
H-1B Electronic $10 $215 $205 2050%
Registration Fee
1. Form I-129, Petition for Nonimmigrant Worker: H-1 Classification
The H-1B nonimmigrant program is for individuals who will perform services in a
specialty occupation, services relating to a Department of Defense cooperative research and
development project or coproduction project, or services as a fashion model who is of
distinguished merit and ability, while the H-1B1 nonimmigrant program is for nationals of
Singapore or Chile engaging in specialty occupations. See INA sec. 101(a)(15)(H)(i)(b) and
(a)(15)(H)(i)(b1); 8 U.S.C. 1101(a)(15)(H)(i)(b) and (a)(15)(H)(i)(b1).272 DHS proposes a fee of
$780 for Form I-129 petitions when filed for H-1B and H-1B1 nonimmigrant classifications. The
proposed fee more accurately incorporates the direct cost of USCIS fraud prevention efforts for
H-1B workers and other planned changes. DHS does not propose any changes to statutory fee
272See USCIS, “H-1B Specialty Occupations, DOD Cooperative Research and Development Project Workers, and
Fashion Models,” available at https://www.uscis.gov/working-united-states/temporary-workers/h-1b-specialty-
occupations-dod-cooperative-research-and-development-project-workers-and-fashion-models (last updated Feb. 5,
2021).
amounts for certain H-1B petitioners where it does not have the authority to change the amount
of these fees.273
2. Form I-129, Petitions for H-2A or H-2B Classifications
The H-2A visa program allows U.S. employers or U.S. agents who meet specific
regulatory requirements to bring foreign nationals to the United States to fill temporary
agricultural jobs.274 The H-2B visa program allows U.S. employers or U.S. agents who meet
specific regulatory requirements to bring foreign nationals to the United States to fill temporary
nonagricultural jobs.275 On March 6, 2017, the OIG issued an audit report after reviewing
whether the fee structure associated with H-2 petitions is equitable and effective.276 OIG
identified a number of issues and provided recommendations to address the issues. In response to
OIG recommendations, USCIS proposes the following changes:
 Separate fees for petitions with named workers and petitions with unnamed workers;
 Limit the number of named workers that may be included on a single petition to 25.
DHS proposes separate H-2A and H-2B fees for petitions with named workers and
unnamed workers. Currently, petitions for H-2A or H-2B workers may include named or
273Certain H-1B petitions may have to pay up to $6,000 in statutory fees. DHS does not have the authority to adjust
the amount of these statutory fees. USCIS does not keep most of the revenue. CBP receives 50 percent of the $4,000
9-11 Response and Biometric Entry-Exit fee and the remaining 50 percent is deposited into the General Fund of the
Treasury. USCIS retains five percent of the $1,500 or $750 American Competitiveness and Workforce Improvement
Act fee. The remainder goes to the Department of Labor (DOL) and the National Science Foundation. USCIS keeps
one-third of the $500 Fraud Detection and Prevention fee, while the remainder is split between the DOS and the
DOL. These statutory fees are in addition to the current Form I-129 fee of $460 and optional premium processing
fee of $1,500 or $2,500. See USCIS, “H and L Filing Fees for Form I-129, Petition for a Nonimmigrant Worker,”
available at https://www.uscis.gov/forms/h-and-l-filing-fees-form-i-129-petition-nonimmigrant-worker (last
updated/reviewed Feb. 2, 2018). Premium processing fees are available at https://www.uscis.gov/i-907 (last updated
Dec. 21, 2020).
274See USCIS, “H-2A Temporary Agricultural Workers,” available at https://www.uscis.gov/working-united-
states/temporary-workers/h-2a-temporary-agricultural-workers (last updated Jan. 12, 2021).
275See USCIS, “H-2B Temporary Non-Agricultural Workers,” available at https://www.uscis.gov/working-united-
states/temporary-workers/h-2b-temporary-non-agricultural-workers (last updated Feb. 2, 2021). H-2B petitioners
who file with USCIS are required to pay a $150 Fraud Detection and Prevention fee per petition regardless of the
number of beneficiaries to which the petition pertains. DHS does not propose any change to this statutory fee
because it lacks the authority to do so by rulemaking. See INA secs. 214(c)(13), 286(v); 8 U.S.C. 1184(c)(13),
1356(v). This statutory fee is in addition to the current Form I-129 fee of $460 and optional premium processing fee
of $1,500.
276DHS OIG, “H-2 Petition Fee Structure Is Inequitable and Contributes to Processing Errors” (Mar. 6, 2017),
available at https://www.oig.dhs.gov/sites/default/files/assets/2017/OIG-17-42-Mar17.pdf.
unnamed workers. Petitioners must name workers when: (1) the petition is filed for a worker
who is a national of a country not designated by the Secretary of Homeland Security as eligible
to participate in the H-2A or H-2B programs; or (2) the beneficiary is in the United States. See 8
CFR 214.2(h)(2)(iii) (Oct. 1, 2020). In addition, USCIS may require the petitioner to name H-2B
workers where the name is needed to establish eligibility for H-2B nonimmigrant status. USCIS
estimates that it requires less time and resources to adjudicate a petition with unnamed workers
than one with named workers. USCIS runs background checks on named workers but cannot do
so for unnamed workers. After the petition is approved, the petitioner finds workers and the
worker applies for a nonimmigrant visa with DOS, who will then vet the worker. The 2020 fee
rule relied on separate USCIS estimated hours per petition for named or unnamed beneficiaries.
In FY 2021, USCIS began tracking Form I-129 adjudication hours by petitions for named or
unnamed beneficiaries. This proposal is based on those hours for the first 6 months of FY 2021,
which was the most recent available at the time of the FY 2022/2023 fee review. USCIS data
indicate that it takes less time for a USCIS immigration services officer to adjudicate a petition
with unnamed workers. The proposed fees reflect the average adjudication time estimated by
USCIS.
USCIS proposes to implement a limit of 25 named beneficiaries per petition. Proposed 8
CFR 214.2(h)(2)(ii), (h)(5)(i)(B). Currently, there is no limit on the number of named or
unnamed workers that may be on a single petition. USCIS currently charges a flat fee regardless
of whether a petition includes one or hundreds of named temporary nonimmigrant workers.
However, because USCIS completes a background check for each named beneficiary, petitions
with more named beneficiaries require more time and resources to adjudicate than petitions with
fewer named beneficiaries. This means the cost to adjudicate a petition increases with each
additional named beneficiary. In one case, a petitioner included more than 600 named workers in
one petition.277 OIG observed that the flat fee structure (meaning the same fee regardless of the
number of nonimmigrants included in the petition) disproportionally costs more per
nonimmigrant for petitions with few beneficiaries compared to those with large numbers of
beneficiaries. In other words, petitioners filing petitions with low named beneficiary counts
subsidize the cost of petitioners filing petitions with high named beneficiary counts.
OIG’s interviews of USCIS immigration services officers indicated that a maximum of
10 nonimmigrant workers could usually be processed within a normal workday.278 DHS
estimates the proposed change will increase H-2A and H-2B petition filing volume by
approximately 1,800 after comparing our H-2A and H-2B petition forecasts for FY 2022/2023
with or without the proposed change. DHS assumes that the total number of named beneficiaries
requested by an employer would remain the same, so that an employer petitioning for more than
25 named beneficiaries would file multiple petitions.
The proposed fees would address the imbalances in the current fee structure identified by
the OIG audit. For example, the proposed $530 fee for an H-2A petition without named workers
is $560 less than the proposed $1,090 fee for an H-2A petition with named workers because the
adjudication of petitions requesting unnamed workers requires less time.
3. Form I-129, Petition for Nonimmigrant Worker: L Classification
Under current requirements, petitioners sponsoring L nonimmigrant workers, who are
intracompany transferees,279 may be required to submit additional statutory fees or other
additional forms to USCIS along with Form I-129. For example, two statutory fees may apply
for L nonimmigrant workers.280 Some petitions require the additional Form I-129S,
277 Id. at 13.

278 Id. at 17.
279The L-1 intracompany transferee nonimmigrant classification permits a multinational organization to transfer
certain employees from one of its foreign entities to one of its affiliated entities in the United States. The L-1A
classification is for employees coming to the United States temporarily to perform services in a managerial or
executive capacity. The L-1B classification is for employees coming to the United States temporarily to perform
services that require specialized knowledge. See INA sec. 101(a)(15)(L), 8 U.S.C. 1101(a)(15)(L).
280Certain L petitioners may have to pay up to $5,000 in statutory fees. DHS does not have the authority to adjust
the amount of these statutory fees. USCIS does not keep most of the revenue derived from these fees. CBP receives
Nonimmigrant Petition Based on Blanket L Petition. DHS is not proposing different fees for
managers and executives, because the agency has no records on the difference in completion
rates or costs for processing petitions for managers and executives. USCIS currently captures
completion rates for H-1B, L, and other types of petitions, but not for subgroups within
classifications, such as managers and executives. The $1,385 proposed fee is based partly on the
average completion rate for L-1 petitions. The proposed fees also assign the direct costs of
ASVVP site visits, currently used for certain H-1B, L, and all religious workers, to the specific
form for the classification.
4. Form I-129, Petition for Nonimmigrant Worker: O Classification
DHS proposes a fee of $1,055 for Form I-129 petitions filed to request O classifications.
Similar to some other proposed changes to Form I-129, DHS proposes to limit each Form I-129
filed for O classifications to 25 named beneficiaries.281 Proposed and republished 8 CFR
214.2(o)(2)(iv)(F). As previously discussed in the H-2A and H-2B section above, limiting the
number of named beneficiaries simplifies and optimizes the adjudication of these petitions,
which can lead to reduced average processing times for a petition. Because USCIS completes a
background check for each named beneficiary, petitions with more named beneficiaries require
more time and resources to adjudicate than petitions with fewer named beneficiaries. This means
the cost to adjudicate a petition increases with each additional named beneficiary. Thus, limiting
the number of named beneficiaries may ameliorate the inequity to petitioners filing petitions with
low beneficiary counts of effectively subsidizing the cost of petitioners filing petitions with high
50 percent of the $4,500 9-11 Response and Biometric Entry-Exit fee revenue and the remaining 50 percent is
deposited into the General Fund of the Treasury. USCIS retains one-third of the $500 Fraud Detection and
Prevention fee revenue, while the remainder is split between the DOS and the DOL. These statutory fees are in
addition to the current Form I-129 fee of $460 and optional premium processing fee of $2,500. See USCIS, “H and
L Filing Fees for Form I-129, Petition for a Nonimmigrant Worker,” available at https://www.uscis.gov/forms/h-
and-l-filing-fees-form-i-129-petition-nonimmigrant-worker (last updated Feb. 2, 2018).
281While O-1 petitions are limited to a single named beneficiary, a petition for O-2 nonimmigrant workers may
include multiple named beneficiaries in certain instances. See 8 CFR 214.2(o)(2)(iii)(F).
beneficiary counts. USCIS currently captures adjudication hours for these types of petitions. As
stated in section V.B.2., Completion Rates, the proposed fee is partly based on these data.
5. Form I-129, Petition for Nonimmigrant Worker: E and TN Classifications
DHS proposes a fee of $1,015 for Form I-129 petitions filed for Treaty Trader (E-1),
Treaty Investor (E-2), E-3, and TN classifications. The Treaty Trader (E-1) and Treaty Investor
(E-2) classifications are for citizens of countries with which the United States maintains treaties
of commerce and navigation. The applicant must be coming to the United States to engage in
substantial trade principally between the United States and the treaty country (E-1), to develop
and direct the operations of an enterprise in which the applicant has invested or is in the process
of investing a substantial amount of capital (E-2), or to work in the enterprise as an executive,
supervisor, or essentially skilled employee. See INA sec. 101(a)(15)(E), 8 U.S.C.
1101(a)(15)(E); 8 CFR 214.2(e). An E-2 CNMI or E-2C investor is a noncitizen who seeks to
enter or remain in the CNMI in order to maintain an investment in the CNMI that was approved
by the CNMI government before November 28, 2009. This classification allows an eligible
noncitizen to be lawfully present in the CNMI in order to maintain the investment during the
transition period from CNMI to Federal immigration law, which was extended by Pub. L. 115-
218, sec. 3(a) on July 24, 2018, and will expire on December 31, 2029. See 48 U.S.C 1806;
proposed and republished 8 CFR 214.2(e)(23). The E-3 classification applies to nationals of
Australia who are coming to the United States solely to perform services in a specialty
occupation requiring theoretical and practical application of a body of highly specialized
knowledge and at least the attainment of a bachelor’s degree, or its equivalent, as a minimum for
entry into the occupation in the United States. See INA secs. 101(a)(15)(E) and 214(i)(1); 8
U.S.C. 1101(a)(15)(E) and 1184(i)(1). The TN classification was originally created to implement
part of the trilateral North American Free Trade Agreement (NAFTA) between Canada, Mexico,
and the United States. NAFTA was replaced by the U.S.-Mexico-Canada Agreement (USMCA).
The USMCA entered into force on July 1, 2020. The USMCA did not make any changes to the
Immigration chapter of NAFTA that have significance for this proposed rule. The USMCA
retains all substantive elements of the former NAFTA, and the TN designation continues to be
used for NAFTA/USMCA professionals.282 TN admissions under NAFTA were governed by the
list of Professionals in Appendix 1603.D.1 to Annex 1603 of NAFTA. Under the USMCA, TN
admissions are governed by the (identical) list of Professionals now found in USMCA Chapter
16 Appendix 2. For the purposes of discussing TN classification, this document uses the term
“USMCA” but applies to nonimmigrants under both the former “NAFTA” and “USMCA”
interchangeably. In accordance with the USMCA, a citizen of Canada or Mexico who seeks
temporary entry as a businessperson to engage in certain business activities at a professional
level may be admitted to the United States. See INA sec. 214(e), 8 U.S.C. 1184(e); 8 CFR 214.6;
proposed 8 CFR 106.2(a)(3)(viii). USCIS does not have separate completion rates for the E and
TN classifications. Currently, USCIS adjudicators report hours on these classifications in a
catch-all Form I-129 category.
6. Form I-129, Petition for Nonimmigrant Worker: H-3, P, Q, or R Classifications
DHS proposes to create a fee of $1,015 for the remaining nonimmigrant worker
classifications: H-3, P, Q, and R. See proposed 8 CFR 106.2(a)(3)(viii). The costs used to
determine the proposed fee for these classifications aggregate all identifiable costs associated
with the adjudication of these different visa classifications, including the costs of administering
site visits for R visa workers under the ASVVP.283 As previously discussed in sections 2 and 4,
DHS proposes to limit petitions for H-3, P, Q, or R classifications that allow 1 petition to be filed
for multiple beneficiaries to 25 named beneficiaries. Proposed 8 CFR 214.2(h)(2)(ii), 8 CFR
214.2(p)(2)(iv)(F), and 8 CFR 214.2(q)(5)(ii). As stated previously, this change is expected to
simplify and optimize the adjudication of these petitions, which is expected to lead to reduced
282 See United States-Mexico-Canada Agreement Implementation Act, Pub. L. 116–113 (2020).
283The estimated cost of ASVVP for this proposed fee is $69. See the Direct Costs column of Appendix Table 6 in
the supporting documentation in the docket.
processing times and reduced completion rates. Because USCIS completes a background check
for each named beneficiary, petitions with more beneficiaries require more time and resources to
adjudicate than petitions with fewer named beneficiaries. This means the cost to adjudicate a
petition increases with each additional named beneficiary. Thus, limiting the number of named
beneficiaries may ameliorate the inequity to petitioners filing petitions with low beneficiary
counts of effectively subsidizing the cost of petitioners filing petitions with high beneficiary
counts. USCIS does not have separate completion rates for the H-3, P, Q, or R classifications.
Currently, USCIS adjudicators report hours on these classifications in a catch-all Form I-129
category. As such, DHS lacks the information to propose separate fees for each of these
classifications.
DHS proposes to republish a paragraph of regulatory text that incorporates statutory
changes and longstanding practices that allow petitions for multiple P nonimmigrants. See
proposed republished 8 CFR 214.2(p)(2)(iv)(F). Specifically, DHS proposes and republishes a
reference to “team” to account for INA sec. 214(c)(4)(G), 8 U.S.C. 1184(c)(4)(G) (The Secretary
of Homeland Security shall permit a petition under this subsection to seek classification of more
than one alien as a nonimmigrant under section 1101(a)(15)(P)(i)(a) of this title), which was
added in 2006 and mandates DHS to allow a petitioner to include multiple P-1A athletes in one
petition. See id. and Pub. L. 109-463, 120 Stat. 3477 (2006). DHS also proposes to retain the
revisions from the 2020 final fee rule as set out in proposed 8 CFR 214.2(p)(2)(iv)(F) because
certain athletic teams applying for P-1 nonimmigrant classification and groups applying for P-2
or P-3 nonimmigrant classification are not necessarily required to establish reputation of the
team or group as an entity. Id.
7. Separating Form I-129 into Multiple Forms
DHS is not separating Form I-129 into multiple forms in this rule as it did in the 2020 fee
rule, but may take that action separately as a revision of the currently approved Form I-129
information collection under the PRA. See 86 FR 46260, 86 FR 46261, and 86 FR 46263
(August 18, 2021). Although DHS separated Form I-129 into different forms in the 2020 fee
rule, the form and its instructions can be revised in that same way using the procedures provided
in 5 CFR part 1320 and obtaining approval from the OMB.284 As stated in section V.E.1 of this
preamble, form numbers are included for informational purposes, but USCIS may collect fees for
immigration benefit requests regardless of the assigned form number. If the Form I-129 is
separated into smaller forms with different names in the future, then the new, separate forms for
nonimmigrant petitions will each have the same fee that is established for that nonimmigrant
classification if this rule is final. Finally, as previously noted in the preamble, DHS proposes to
remove references to “Form I-129” from 8 CFR. See e.g. 8 CFR 214.1 and 214.2 (Oct. 1, 2020);
proposed 8 CFR 214.1 and 214.2.
8. Commonwealth of the Northern Mariana Islands Fees
DHS proposes to create a fee of $1,015 for Form I-129CW, Petition for a CNMI-Only
Nonimmigrant Transitional Worker. See proposed 8 CFR 106.2(a)(4). Two recent public laws
affected statutory fees for the CNMI. The Northern Mariana Islands Economic Expansion Act,
Pub. L. 115-53, section 2, 131 Stat. 1091, 1091 (2017) (2017 CNMI Act) increased the CNMI
education funding fee from $150 to $200. See 48 U.S.C. 1806(a)(6)(A)(i). USCIS began
accepting this increased fee on August 23, 2017.285 DHS proposes to make conforming edits to
the fee for the Petition for a CNMI-Only Nonimmigrant Transitional Worker, Form I-129CW,
because of this statutory change. See 8 CFR 103.7(b)(1)(i)(J) (Oct. 1, 2020); proposed 8 CFR
106.2(c)(7). Employers must pay the fee for every beneficiary that they seek to employ as a
CNMI-only transitional worker. The fee must be paid at the time the petition is filed. By statute,
since the fee is for each worker approved, USCIS refunds the CNMI education funding fee if the
petition is not approved. The fee is a recurring fee that petitioners must pay every year. A
The Administrative Procedure Act excepts “… rules of agency organization, procedure or practice.” 5 U.S.C.
284
553(b)(A); James v. Hurson Assocs., Inc. v. Glickman, 229 F.3d 277, 280 (D.C. Cir. 2000).
285USCIS, “New Legislation Increases Availability of Visas for CNMI Workers for Fiscal Year 2017,” available at
https://www.uscis.gov/news/news-releases/new-legislation-increases-availability-visas-cnmi-workers-fiscal-year-
2017 (last updated on Aug. 28, 2017).
prospective employer requesting issuance of a permit with a validity period longer than 1 year
must pay the fee for each year of requested validity. USCIS transfers the revenue from the CNMI
education funding fee to the treasury of the Commonwealth Government to use for vocational
education, apprenticeships, or other training programs for United States workers. The Northern
Mariana Islands U.S. Workforce Act of 2018, Pub. L. 115-218, sec. 3, 132 Stat. 1547 (2018)
(2018 CNMI Act), granted DHS the authority to adjust the fee for inflation. See 48 U.S.C.
1806(a)(6)(A)(ii).
DHS proposes a $10 adjustment to the $200 CNMI education funding fee based on the
methodology described in the authorizing statute.286 Beginning in FY 2020, DHS may adjust the
CNMI education funding fee once per year by notice in the Federal Register.287 The adjustment
must be based on the annual change in the CPI-U published by the BLS. See proposed 8 CFR
106.2(c)(7)(iii). Therefore, the CNMI education funding fee would be $210 (rounded to the
nearest $5 increment). Although the law provides DHS with explicit authority to adjust the fee
for inflation based on the CPI-U, DHS includes this proposed increase along with other fees that
USCIS collects. DHS took a similar approach when it first increased the premium processing fee
in 2010. See 75 FR 33477. The final rule will establish an amount based upon the latest
published annual CPI-U before the final rule publication. DHS may revisit inflation increases to
the CNMI education funding fee in future fee rules or separately.
In addition to authorizing inflation adjustments for the CNMI education funding fee, the
2018 CNMI Act created a new $50 CNMI fraud prevention and detection fee. 2018 CNMI Act,
sec. 3 (amending 48 U.S.C. 1806(a)(6)(A)(iv)). The new $50 fraud prevention and detection fee
286The unadjusted annual average CPI-U for 2019 was 255.657. See BLS, CPI for All Urban Consumers (CPI-U)
1982-84=100 (Unadjusted) - CUUR0000SA0, available at https://data.bls.gov/cgi-bin/surveymost?bls (last visited
Feb. 18, 2022). In 2021, it was 270.97, a 15.313 or approximately a 5.99 percent increase. Id. The $200 fee adjusted
for inflation is approximately $212, a $12 increase. When rounded to the nearest $5, the inflation adjusted fee would
be $210.
287Beginning in FY 2020, the Secretary of Homeland Security, through notice in the Federal Register, may annually
adjust the supplemental fee imposed under clause (i) by a percentage equal to the annual change in the Consumer
Price Index for All Urban Consumers (CPI-U) published by the Bureau of Labor Statistics (BLS). 48 U.S.C.
1806(a)(6)(A)(ii).
is in addition to other fees that employers must pay for petitions to employ CNMI-only
transitional workers. See proposed 8 CFR 106.2(c)(6). USCIS began accepting the fee on July
25, 2018.288 The new fee is only due at the time of filing and is a single $50 fee per petition, not
a fee charged per beneficiary like the CNMI education funding fee. USCIS must use the revenue
for preventing immigration benefit fraud in the CNMI, in accordance with INA sec.
286(v)(2)(B), 8 U.S.C. 1356(v)(2)(B). See also 48 U.S.C. 1806(a)(6)(A)(iv), as amended by
2018 CNMI Act, sec. 3.
DHS also proposes conforming edits to CNMI regulations regarding fee waivers and
biometric services. Currently, some CNMI applicants and beneficiaries may qualify for a fee
waiver based on inability to pay or other reasons. See 8 CFR 214.2(e)(23)(xv), (w)(5), and
(w)(14)(iii). Generally, fee waivers are not available for employment-based applications and
petitions. However, when DHS established the CW-1 petition fees, it decided to treat the CNMI
with more flexibility in this regard. See 76 FR 55513-55514 (Sept. 7, 2011). DHS proposes in
this rule to continue to offer fee waivers for CNMI applicants filing Form I-129CW and Form I-
539. See proposed 8 CFR 106.3. Currently, CNMI beneficiaries may pay a biometric services fee
when seeking a grant or extension of CW-1 status in the CNMI. See 76 FR 55513-55514; 8 CFR
214.2(e)(23)(viii) and (w)(16). As explained in section VIII.E., Changes to Biometric Services
Fee, DHS proposes to incorporate the cost of biometric services into the underlying immigration
benefit request fees. This proposed change would place the entire financial burden for CNMI
petition fees on the employer, eliminating any fees paid by the beneficiary. See proposed 8 CFR
106.2, 214.2(v)(23)(viii) and (w)(16).
DHS does not propose to limit the number of named beneficiaries included in a single I-
129CW filing. USCIS does not have separate completion rates for CNMI petitions. Currently,
USCIS adjudicators report hours for Form I-129CW in a catch-all Form I-129 category.
288USCIS, “New Law Extends CNMI CW-1 Program, Mandates New Fraud Fee, and Will Require E-Verify
Participation,” available at https://www.uscis.gov/news/alerts/new-law-extends-cnmi-cw-1-program-mandates-new-
fraud-fee-and-will-require-e-verify-participation (last updated on Oct. 23, 2018).
9. H-1B Electronic Registration Fee
In 2019, DHS established a $10 registration fee per beneficiary for H-1B petitions. See
“Registration Fee Requirement for Petitioners Seeking To File H-1B Petitions on Behalf of Cap
Subject Aliens,” 84 FR 60307 (Nov. 8, 2019). The $10 registration fee is separate from and in
addition to the H-1B petition filing fee. See 84 FR 60309. USCIS requires the registration fee
regardless of whether the potential petitioner's registration is selected. USCIS lacked sufficient
data to precisely estimate the costs of the registration process at the time, but implemented the
$10 fee to provide an initial stream of revenue to fund part of the costs to USCIS of operating the
registration program. Id. DHS stated that USCIS would review the fee in the future. Id. DHS
proposes $215 based on the results of the FY 2022/2023 fee review. See proposed 8 CFR
106.2(c)(11).
USCIS lacks information on the direct cost of H-1B registration, but USCIS estimated the
indirect costs of the H-1B registration program using the same methods as it did to calculate
other fees. The methodology for estimating the cost provides results that are similar to the
USCIS Immigrant Fee, which was established as part of the FY 2010/2011 fee rule. See 75 FR
58979. However, the H-1B registration fee contains and funds fewer activities. DHS bases the
proposed fee on the activity costs for the following activities:
 Inform the Public
 Management and Oversight
As such, the proposed fee is based on the estimated cost of these two activities. See the
supporting documentation included in the docket for this rulemaking for more information on
USCIS fee review activities. The proposed fee does not include activity costs for paper intake
because registration is only available online. It does not include the cost of any adjudication
activities because the fee is only for registration, not a decision. If selected, the petitioner must
file Form I-129 separately.

DHS understands that an increase from $10 to $215 may appear to be exorbitant at first
glance. However, the $10 fee was established simply to cover a small portion of the costs of the
program rather than perpetually leaving 100 percent of those costs to be funded by the fees paid
for other unrelated requests. As stated in the rule setting the fee, “DHS proposed a $10 fee to
provide an initial stream of revenue to mitigate potential fiscal effects on USCIS. Following
implementation of the registration fee provided for in this rule, USCIS will gather data on the
costs and burdens of administering the registration process in its next biennial fee review to
determine whether a fee adjustment is necessary to ensure full cost recovery.” 84 FR 60309.
DHS sees no reasons why U.S. employers who wish to temporarily employ foreign workers in
specialty occupations should not cover the expenses of the H-1B registration program, which is a
prerequisite to being able to file a nonimmigrant petition for a foreign worker in the H-1B
nonimmigrant classification. Even with the higher registration fee requirement, the registration
process is still expected to result in a net cost-savings to USCIS and petitioners due to cost
savings associated with unselected petitions in DHS’ Registration Requirement for Petitioners
Seeking to File H-1B Petitions on Behalf of Cap-Subject Aliens.289
L. Premium Processing - Business Days

DHS proposes to define the premium processing timeframe for all immigration benefit
request types designated for premium processing to only include business days.290 DHS is
proposing to define business days as days that the Federal Government is open for business,
289 See 84 FR 940.

290 See 8 CFR 106.4(e). DHS lengthened the timeframe for USCIS to take an adjudicative action on petitions filed
with a request for premium processing from 15 calendar days to 15 business days in the 2020 fee rule. See 8 CFR
106.4 (Oct. 2, 2020). However, on March 30, 2022, USCIS published the Implementation of the Stopgap USCIS
Stabilization Act rule (Premium Processing Rule), which amended USCIS premium processing regulations by
updating the regulations to include the fees established by the Emergency Stopgap USCIS Stabilization Act for
immigration benefit requests that were designated for premium processing on August 1, 2020, and established new
fees and processing timeframes consistent with section 4102(b) of the Emergency Stopgap USCIS Stabilization Act.
See 87 FR 18227. The Premium Processing Rule explained that USCIS was not calculating premium processing
timeframes in business days because at that time 8 CFR 106.4 was not being administered as a result of the
injunction staying the 2020 Fee Rule in ILRC and NWIRP. The Premium Processing rule explained that by
removing the reference to business days in the premium processing regulations, the premium processing regulations
will be clear and consistent with current practices and requirements and not be a source of confusion to the public.
Id. at 18233.
which do not include weekends, federally observed holidays, or days on which Federal
Government offices are closed, such as for weather-related or other reasons.291 The closure may
be nationwide or in the region where the adjudication of the benefit for which premium
processing is sought will take place. The former INS established the current premium processing
timeframe interpretation in June 2001. See “Establishing Premium Processing Service for
Employment-Based Petitions and Applications,” 66 FR 29682. The rule’s preamble stated that
the District of Columbia Appropriations Act of 2001 (Pub. L. 106-553) “specified that the
Service was required to process applications under the Premium Processing Service in 15
calendar days,” as part of a general description of the statute. 66 FR 29682.
DHS has re-examined the District of Columbia Appropriations Act of 2001 and found
that it did not define the timeframe by which INS was required to process applications under the
Premium Processing Service and was, in fact, silent on the issue.292 Thus, DHS has determined
that the June 1, 2001, interim rule stating a 15 calendar day processing timeframe was required
by the District of Columbia Appropriations Act of 2001 was incorrect because there is nothing in
that statute establishing a timeframe in which premium processing must occur, let alone how that
timeframe is to be calculated. Without a specific timeframe or an explanation of how that
timeframe is to be calculated, DHS may interpret its authority under INA sec. 286(u), 8 U.S.C.
1356(u), to define the timeframe in which premium processing must occur. Thus, DHS has
reevaluated its old statutory interpretation to see if the premium processing program and
premium processing timeframes can be revised to make the program more serviceable for USCIS
291DHS recognizes that calculating premium processing timeframes in business days is inconsistent with the
definition of “day” in 8 CFR 1.2, which provides that when computing the period of time for taking any action [in
chapter I of title 8 of the CFR] including the taking of an appeal, [it] shall include Saturdays, Sundays, and legal
holidays, except that when the last day of the period computed falls on a Saturday, Sunday, or a legal holiday, the
period shall run until the end of the next day which is not a Saturday, Sunday, or a legal holiday. However, having
recognized the definition of “day” in 8 CFR 1.2, DHS believes for the reasons stated and explained in the preamble
that it is necessary for DHS to define premium processing timelines in business days.
292 See Pub. L. 106–553 (2000) sec. 112.
while continuing to provide an expedited level of processing for their immigration petitions and
applications.293
When USCIS is unable to complete premium processing within the required timeframe,
USCIS must suspend premium processing. When USCIS suspends premium processing, it must
refund the fees for the premium processing requests it cannot complete. In recent years, USCIS
has suspended for certain categories of employment-based petitions when it determines that it
has inadequate resources to devote to premium processing requests, and might otherwise refund
a large number of Form I-907 fees for failure to meet the required processing timeframe.294
In certain instances, USCIS has been unable to maintain existing premium processing
timeframes due to the high volume of incoming petitions and a significant surge in premium
processing requests.295 For example, USCIS twice suspended premium processing before cap-
subject H-1B season, which is the largest premium processing workload. In one such
circumstance, USCIS initially announced it expected the suspension to last up to 6 months then
extended it for several more months.296 The suspension not only lasted longer than USCIS
initially announced, but it also lasted well past the start date (October 1) for H-1B cap
employees. As a result, this led to uncertainty for both employers and employees, because the
employees were not able to timely start when the employers requested and neither party could
293 DHS also notes that section 4102(b) of the USCIS Stabilization Act provides premium processing times of 30 and
45 days, indicating that Congress considers periods that are two and three times longer than 15 days to be premium
service.
294 USCIS has not suspended premium processing for any requests since the USCIS Stabilization Act became law.
That law provides that DHS 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. 8 U.S.C. 1356(u)(5)(A). While that law reiterates the standard that USCIS has generally
followed in suspending premium processing, DHS does not know if that provision will reduce future suspensions by
itself.
295 See USCIS, “USCIS Will Temporarily Suspend Premium Processing for All H-1B Petitions,” available at
https://www.uscis.gov/archive/uscis-will-temporarily-suspend-premium-processing-all-h-1b-petitions (last updated
March 3, 2017); see also “USCIS Will Temporarily Suspend Premium Processing for Fiscal Year 2019 H-1B Cap
Petitions,” available at https://www.uscis.gov/news/alerts/uscis-will-temporarily-suspend-premium-processing-
fiscal-year-2019-h-1b-cap-petitions (last updated March 20, 2018).
296See USCIS, “USCIS Resumes Premium Processing for Fiscal Year 2019 H-1B Cap Petitions,” available at
https://www.uscis.gov/news/alerts/uscis-resumes-premium-processing-for-fiscal-year-2019-h-1b-cap-petitions (last
updated Jan. 25, 2019).
predict when the employees would ultimately begin their employment. In addition to the harm
and uncertainty that suspensions cause employers, when premium processing must be suspended,
USCIS is not able to obtain the revenue from premium processing to offset its costs and for other
uses. USCIS currently shifts adjudicators and other resources to address seasonal increases in
filings. USCIS will also transfer files to offices with more processing capacity as needed.
However, shifting adjudicators or files to focus on premium processing does not achieve the
efficiency needed as higher volumes of incoming petitions or applications limit USCIS' ability to
complete processing within the required processing timeframe.
USCIS also had to suspend premium processing due to the COVID-19 pandemic.297 At
that time, all the petitions eligible for premium processing were filed on paper at the service
centers. Service centers needed time to adapt workspace configurations and procedures to ensure
physical distancing and other safety protocols for employees working on site and picking up and
dropping off files. Contracted employees had to be in the building to receive the petitions, data
enter them into the system, put the files together, and deliver the files to the adjudicators. The
adjudicators had to come into the building to pick up and drop off the files. The requirement of
physical presence in the building greatly inhibited USCIS’ ability to process petitions within the
allotted timeframe. Irrespective of the COVID-19 pandemic, many of the benefit requests
eligible for premium processing are still filed manually on paper, which necessarily requires
USCIS employees and contractors to physically handle such benefit requests. If something
should occur, such as a natural or manmade disaster, that interferes or prevents USCIS
employees or contractors from being able to adjudicate benefit requests seeking premium
processing, those workdays lost should not count against the premium processing timeframe.
USCIS employees are limited in the hours they are available to work by collective
bargaining agreements and contracted staff are limited to the hours provided by contract, and
297See USCIS, “USCIS Announces Temporary Suspension of Premium Processing for All I-129 and I-140 Petitions
Due to the Coronavirus Pandemic,” available at https://www.uscis.gov/news/alerts/uscis-announces-temporary-
suspension-of-premium-processing-for-all-i-129-and-i-140-petitions-due-to (last updated Mar. 27, 2020).
both Federal employees and contracted staff are prohibited from working outside regular
business hours or while not in a pay status. If USCIS needs its employees to work overtime to
process these petitions and applications within a certain timeframe, it must of course pay them
the applicable overtime pay rate. Because USCIS adjudication operations are fee funded, USCIS
does not always have sufficient funds to support overtime; therefore, it must calculate the
premium processing timeframes based on the days in which it can actually process petitions and
applications (business days). USCIS is not asserting that all adjudications will increase to the full
allowance of business days, however this change provides needed flexibility for holidays,
weather emergencies, and other circumstances outside the agency’s control.
In addition, the USCIS Stabilization Act prohibits USCIS from making premium
processing available if it adversely affects processing times for immigration benefit requests not
designated for premium processing or the regular processing of immigration benefit requests so
designated. See USCIS Stabilization Act, sec. 4102(c), Pub. L. 116-159 (Oct. 1, 2020). The
USCIS Stabilization Act allows for expansion of premium processing to certain EB-1 and EB-2
(NIW) petitions, which are more complex adjudications typically containing voluminous
evidence and generally requiring more time to adjudicate than benefit types previously afforded
premium processing. See 8 U.S.C. 1356(u)(2)(B). It also allows for expansion to Forms I-539
and I-765, which, while less complex, constitute an exceptionally large filing volume which
necessitates a longer processing time. See 8 U.S.C. 1356(u)(2)(C) and (D). USCIS must have
sufficient staff able to process premium processing cases during the allotted timeframe.
USCIS cannot expand premium processing, which was specifically requested by many
commentors in the previous fee rule, until it has sufficient staff to consistently adjudicate within
the timeframes. However, it is difficult to estimate the staff needed to process petitions during a
certain timeframe using calendar days. In 2018, premium processing was suspended in April,
then the suspension was extended until after the Federal holidays in December and January. In
the last 2 weeks of December 2018, USCIS lost 3 days of processing to Federal holidays and 4
days to weekends. USCIS cannot hire additional staff in short periods of time, nor can it
reallocate staff without affecting other processing times. DHS's proposed solution to consistently
offer and expand (as Congress has authorized) premium processing services is to calculate the
timeframe in business days. Calculating the premium processing timeframes based on the days in
which USCIS is actually processing petitions and applications (business days) will enable USCIS
to make premium processing more consistently available and expand it to the newly designated
classifications and categories as intended by the USCIS Stabilization Act. This avoids USCIS
having to suspend premium processing, which limits access to more applicants and petitioners
and extends the pending period for adjudication.
DHS has determined that it is more appropriate for the premium processing timeframes to
be calculated using business days rather than calendar days and proposes to apply this
interpretation to all premium processing timeframes.298 USCIS considers calculating premium
processing timeframes in business days appropriate because: (1) USCIS can only process
petitions and applications on business days; (2) using calendar days results in inconsistent and
varying timeframes for USCIS to process requests for premium processing based on holidays
and weather emergencies; and (3) using calendars days causes particular operational challenges
when trying to meet the shorter 15-day premium processing timeframe applicable to certain
immigration benefits. By changing to business days instead of calendar days, USCIS avoids
having to suspend premium processing more frequently which therefore alleviates the waiting
time for applicants and petitioners.
Separate from this rulemaking, USCIS is providing more flexibility in paying the
premium processing fee. For example, USCIS piloted and expanded credit card payments for
Forms I-129, I-140, and I-907.299 USCIS will continue to evaluate options that give employers
298On October 1, 2020, the USCIS Stabilization Act amended section 286(u) of the INA, 8 U.S.C. 1356(u), and did
not define how to calculate the timeframe by which USCIS must process applications under the Premium Processing
Service, with section 286(u) of the INA, 8 U.S.C. 1356(u), still remaining silent on the issue.
299See USCIS, “USCIS Expands Credit Card Payment Pilot Program to California Service Center”, available at
https://www.uscis.gov/newsroom/alerts/uscis-expands-credit-card-payment-pilot-program-to-california-service-
more options and flexibility when using premium processing and when filing petitions in
general.
M. Permitting Combined Payment of the Premium Processing Fee

DHS proposes to permit the fee to request premium processing service to be paid with the
same remittance as other filing fees. Proposed 8 CFR 106.4(b). DHS currently requires the fee
to request premium processing service to be paid in a separate remittance from other filing fees.
8 CFR 106.4(b). DHS has found in its application of the new premium processing regulations
(87 FR 18260) that mandating a separate payment in all premium processing submissions may
impose unnecessary burdens on petitioners, applicants and DHS. For example, any limitation on
fee intake that must be enforced by USCIS adds a business requirement for the immigration
benefit to be accepted. Each rule requires system programming and may result in unnecessary
rejections. Thus, DHS proposes, instead of mandating the separate payment, to provide that
USCIS may require the fee to request premium processing service to be paid in a separate
remittance from other filing fees. Proposed 8 CFR 106.4(b). DHS will maintain the authority to
require separate payments when combined payments need to be precluded because they cause
intake and acceptance problems. USCIS may require the premium processing service fee be paid
in a separate remittance from other filing fees and preclude combined payments in the applicable
form instructions. Id.
N. Intercountry Adoptions
DHS made several changes in the 2020 fee rule related to intercountry adoptions. See 8
CFR 204.3 and 204.312 (Oct. 2, 2020). As discussed elsewhere, DHS and USCIS are enjoined
from following the regulations codified by that rule and DHS is proposing this rule to replace the
center (last updated Nov. 5, 2021); see also USCIS, “USCIS Expands Credit Card Payment Pilot Program to
Vermont Service Center”, available at https://www.uscis.gov/newsroom/alerts/uscis-expands-credit-card-payment-
pilot-program-to-vermont-service-center (last updated Oct 21, 2021); see also USCIS, “USCIS Expands Credit Card
Payment Pilot Program to Form I-140 When Requesting Premium Processing”, available at
https://www.uscis.gov/news/alerts/uscis-expands-credit-card-payment-pilot-program-to-form-i-140-when-
requesting-premium-processing (last updated July 20, 2021); see also USCIS, “USCIS Expands Credit Card
Payment Pilot Program to Texas Service Center”, available at https://www.uscis.gov/newsroom/alerts/uscis-
expands-credit-card-payment-pilot-program-to-texas-service-center (last updated Sept 9, 2021).
2020 fee rule. Nevertheless, commenters supported the changes to the handling of Hague
Adoption Convention transition cases and the adoption process improvements in that rule. See 85
FR 46850. Therefore, in the following sections of this preamble, DHS generally repeats the
rationale that we provided for all of the adoption related changes from the 2019 proposed rule.
See 84 FR 62313 - 62315.
1. Adjustment to Proposed Fees for Certain Intercountry Adoption-Specific Forms
DHS proposes to limit the increase of adoption-related fees in this rule consistent with
previous fee rules. See, e.g., 81 FR 73298. DHS will continue its policy of reducing fee burdens
on adoptive families by covering some of the costs attributable to the adjudication of certain
adoption-related petitions and applications (Forms I-600/600A/800/800A) through the fees
collected from other immigration benefit requests. If DHS used the estimated fee-paying unit
cost from the ABC model for Form I-600A, then this benefit request would have a fee of at least
$1,454.300 DHS believes that it would be contrary to public and humanitarian interests to impose
a fee of this amount on prospective adoptive parents seeking to adopt a child from another
country. Therefore, DHS proposes to apply the 18 percent weighted average increase to the
current fee of $775, which represents a $145 increase to $920 for Forms I-600/600A/800/800A.
Proposed 8 CFR 106.2(a)(29), (30), (44), and (45). The percentage increase is not specific to
adoption application and petition fees. It is the same percentage that DHS uses for all USCIS
fees that DHS proposes to keep below full cost. See section V.B.3. It is worth noting that the
proposed fee would include the cost of biometric services under this proposal. See section
VIII.E. of this preamble. As such, the $920 proposed fee is less than the current $775 plus the
separate $85 fees for biometric services for two adults in a household. Two adults in a household
would pay $945 with the current fee structure for intercountry adoption. Thus, the proposed fees
Model output from Appendix Table 4 in the FY 2022/2023 Immigration Examinations Fee Account Fee Review
300
Supporting Documentation (supporting documentation) in the docket.

are $25 less than the current fees for two adults in a household who file an intercountry adoption-
based application or petition to adopt a single child or birth siblings.
DHS greatly values its role in intercountry adoptions and places high priority on the
accurate and timely processing of immigration applications and petitions that enable U.S.
families to provide permanent homes for adopted children from around the world. It also
recognizes that the financial costs, both foreign and domestic, involved in intercountry adoptions
can have significant impacts on these families. DHS has a history of modifying policies to ease
burdens associated with international adoption. Before 2007, USCIS required prospective
adoptive parents who had not found a suitable child for adoption within 18 months after approval
of their Application for Advance Processing of an Orphan Petition, Form I-600A, to submit a fee
with their request to extend their approval. Since 2007, USCIS has permitted adoptive parents to
request one extension of their Form I-600A approval without charge, including the biometric fee.
See 72 FR 29864; 8 CFR 103.7(b)(1)(i)(Z) (Oct. 1, 2020). Finally, DHS does not charge an
additional filing fee for an adoption petition filed on behalf of the first beneficiary child or birth
siblings. See 8 CFR 103.7(b)(1)(i)(Z) and (b)(1)(i)(JJ)(1) (Oct. 1, 2020).
DHS also has a history of setting adoption-related fees lower than the amount suggested
by the fee-setting methodology. In the 2010 fee rule, the calculated fee for adoption petitions and
applications (Forms I-600/I-600A and I-800/I-800A) was $1,455, based on projected costs. See
75 FR 33461; 8 CFR 103.7(b)(1)(i)(Y), (Z), (II), (JJ) (Oct. 1, 2020). In the FY 2016/2017 fee
review, DHS set the Form I-600 fee at $775 despite the estimated cost of $2,258. See 81 FR
73299. Shifting the adoption application and petition costs to other fees is consistent with past
DHS efforts and is in the public interest to support parents of children adopted abroad.
2. Clarification of Fee Exemption for Birth Siblings
DHS proposes to revise and republish amendments to 8 CFR 106.2, 204.3, and 204.313
to clarify the regulations and align them with current practice that prospective adoptive parents
with a valid Form I-600A or Form I-800A approval are not required to pay a fee for the first
Form I-600 or Form I-800 petition. If they are approved to adopt more than one child, they are
required to pay the filing fee for additional Form I-600 or Form I-800 petitions unless the
beneficiaries are birth siblings.
To align with current and historical practice, DHS proposes to clarify in the regulations
that this exception is limited to “birth” siblings. This approach is consistent with the special
treatment afforded in the INA to “natural siblings,” which allows a Form I-600 or Form I-800
petition to be filed for a child up to age 18, rather than up to age 16, only if the beneficiary is the
“natural sibling” of another foreign-born child who has immigrated (or will immigrate) based on
adoption by the same adoptive parents. INA sec. 101(b)(1)(F)(ii) and (G)(iii); 8 U.S.C.
1101(b)(1)(F)(ii) and (G)(iii). While the INA uses the term “natural sibling,” DHS generally uses
the term “birth sibling” synonymously, which includes half-siblings but does not include
adoptive siblings.
DHS also proposes to remove fee-related language from 8 CFR 204.3(h)(3)(i)(C) and (D)
because this language will be covered in 8 CFR 106.2.
3. Suitability and Eligibility Approval Validity Period
DHS proposes to revise and republish the amendments to 8 CFR 204.3 relating to orphan
cases under INA sec. 101(b)(1)(F), 8 U.S.C. 1101(b)(1)(F) (non-Convention cases). The
proposed revised and republished revisions to the orphan regulations are necessary to eliminate
disparity between the 18-month approval period for the Form I-600A, Application for Advance
Processing of an Orphan Petition, the 15-month validity period of FBI fingerprint clearances, and
the 15-month approval period for a Form I-800A, Application for Determination of Suitability to
Adopt a Child from a Convention Country, and any approved extension.
Currently, the approval of a Form I-600A in an orphan case is valid for 18 months. See 8
CFR 204.3(h)(3)(i) (Oct. 1, 2020). However, standard USCIS policy has been that the FBI’s
clearance of a person’s fingerprints is valid for 15 months, thereby creating inconsistency
between the 15-month fingerprint clearance validity and the 18-month approval validity period
for the Form I-600A. This inconsistency was partially resolved with the ratification of the Hague
Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption
(Hague Adoption Convention) and subsequent codification of 8 CFR 204.312(e)(1), whereby the
initial approval period for a Form I-800A in a Convention case is 15 months from the date
USCIS received the initial FBI response for the fingerprints of the prospective adoptive parent(s)
and any adult members of the household. This 15-month period also applies to the extension of
the Form I-800A approval period for an additional 15 months from the date USCIS receives the
new FBI response on the fingerprints. Creating parity in the approval periods for suitability and
eligibility determinations provides additional protections for adopted children and provides
consistency and alignment of the orphan and Hague regulations. Having a standardized 15-
month validity period will also alleviate the burden on prospective adoptive parents and adoption
service providers to manage and monitor multiple expiration dates. Therefore, DHS proposes to
alter the validity period for a Form I-600A approval in an orphan case to 15 months. See
proposed 8 CFR 204.3(b), (d), and (h)(7) and (13). See proposed 8 CFR 204.3(h)(3).301
DHS proposes to remove fee-related language from 8 CFR 204.3(h)(3)(ii) because that
language would be unnecessarily redundant with the fee language in proposed 8 CFR 106.2.
4. Form I-600A/I-600, Supplement 3, Request for Action on Approved Form I-600A/I-600
DHS proposes to revise and republish the regulation that creates a new form302 to further
align the processes for adoptions from countries that are not party to the Hague Adoption
Convention (Hague or Convention) with the processes for adoptions from countries that are party
to that Convention. The proposed form name is Form I-600A/I-600, Supplement 3, Request for
Action on Approved Form I-600A/I-600. The proposed fee is $455. Proposed 8 CFR
301In addition to changing the 18-month period to 15 months, DHS is removing the internal procedure from 8 CFR
204.3(h)(3)(i) that provides where documents will be forwarded and how notification of overseas offices of the
approval is handled. DHS is also correcting a reference to the number of children the prospective adoptive parents
are approved for in the home study to refer to the number of children the prospective adoptive parents are approved
for in the Form I-600A approval. Finally, DHS is also adding a reference to proposed 8 CFR 106.2(a)(31) in §
204.3(h)(3)(i), relating to Form I-600A extension requests.
302 As defined in 8 CFR 1.2.
106.2(a)(31). As discussed in the PRA section of this preamble, the draft Supplement 3 is posted
in the docket of this rulemaking for the public to review and provide comments.
Currently, prospective adoptive parents face different processes for requests for action on
approved suitability applications in Hague cases than they do in non-Hague cases. USCIS uses
Forms I-800, I-800A, and I-800A Supplement 3 for Hague cases. USCIS uses Forms I-600 and I-
600A for orphan cases. A fee for Form I-600A/I-600 Supplement 3 would further align the Form
I-600A/I-600 request for action process with the existing Form I-800A process in four key areas:
1. Suitability and eligibility extensions.
2. New approval notices.
3. Change of country; and
4. Duplicate approval notices.
USCIS adjudicators must reassess whether prospective adoptive parents are still suitable
and eligible to adopt if the prospective adoptive parents’ circumstances have changed after the
initial USCIS suitability determination. The proposed fee would help recover some of the cost
for this work.
Requirements related to a prospective adoptive parent’s change in marital status for the
orphan process are similar to the Hague process, but not identical. This is because the orphan
process provides an option for combination filing, unlike the Hague process. In the orphan
process, a prospective adoptive parent can file their Form I-600 petition on behalf of a specific
child together with the supporting documents for Form I-600A, Application for Advance
Processing of an Orphan Petition, to request that USCIS decide their suitability and eligibility to
adopt at the same time as the child’s eligibility. This is referred to as combination filing.
For Hague cases, prospective adoptive parents cannot use Form I-800 Supplement 3 if
their marital status changes. If the prospective adoptive parent’s marital status changes before
they complete the intercountry adoption process, their Form I-800A approval is automatically
revoked. This is because a change in marital status considerably changes the facts supporting a
prior suitability approval and who the adoptive parents will be. The prospective adoptive parent
must submit a new Form I-800A with an updated home study. If the prospective adoptive parent
had already filed a Form I-800 based on the approval of the prior Form I-800A, they must also
file a new Form I-800. The prospective adoptive parent must pay a new application fee unless
their Form I-800A is still pending. See 8 CFR 204.312(e)(2).
Similarly, a prospective adoptive parent will not be able to use Form I-600A/I-600
Supplement 3 for the orphan process if their marital status changes. If the prospective adoptive
parent’s marital status changes before they complete the intercountry adoption process, they
must submit a new a Form I-600A or Form I-600 combination filing (referred to in this preamble
as a “suitability application”) with an updated home study. If the prospective adoptive parent
already filed a Form I-600 based on the approval of the prior Form I-600A, they must also file a
new Form I-600. They must pay a new application or petition fee unless their suitability
application is still pending. This is consistent with longstanding practices, as reflected in prior
versions of the Form I-600A and Form I-600 instructions, which has required that prospective
adoptive parents file a new suitability application with an updated home study if their marital
status changes, rather than relying on the previously filed suitability application, regardless of
whether the suitability application is pending or approved. With the addition in this proposed
rule of the Supplement 3 for the orphan process, DHS proposes to codify this longstanding
practice at 8 CFR 204.3(h)(14), consistent with the Hague process at 8 CFR 204.312(e)(2).
Table 20 and the following sections summarize the current process and the proposed
changes.
Table 20: Summary of Current and Proposed Adoption Processes Related to Proposed
Form I-600A/I-600 Supplement 3
Type of Change Current Process Proposed Process
Suitability & Eligibility The Form I-600A approval notice DHS proposes to require
Extensions reflects a validity period for the prospective adoptive parents to
prospective adoptive parents’ submit Form I-600A/I-600,
suitability and eligibility Supplement 3 to request the
determination. Currently, initial no-fee extension. Form
prospective adoptive parents may I-600A/I-600 Supplement 3
request one initial extension of would allow prospective
their Form I-600A approval adoptive parents to request
without fee by submitting a second or subsequent
request in writing. Prospective extensions with the proposed
adoptive parents are not able to fee. An applicant must file a
request a second or subsequent Supplement 3 to seek an
extension of their Form I-600A extension before their Form I-
approval. An applicant may not 600A suitability approval
request an extension more than 90 expires. However, a
days before their Form I-600A Supplement 3 seeking an
suitability approval expires but extension that is filed more
must do so on or before its than 90 days before the Form
expiration date. I-600A suitability approval
expires may be denied.
New Approval Notices Currently, prospective adoptive DHS proposes to require
parents can request a new prospective adoptive parents to
approval notice based on a submit Form I-600A/I-600,
significant change and updated Supplement 3 to request a new
home study with no fee. New approval notice. The
approvals require adjudicators to prospective adoptive parent
reassess whether prospective must pay the fee unless they
adoptive parents remain suitable are also filing a first-time
and eligible to adopt after the request for either an extension
significant change in or change of country. Second
circumstances. (For example, or subsequent requests would
significant decreases in finances, require the proposed fee.
change of residence, change in
household composition, etc.)
Table 20: Summary of Current and Proposed Adoption Processes Related to Proposed
Form I-600A/I-600 Supplement 3
Type of Change Current Process Proposed Process
Change of Country Currently, prospective adoptive DHS proposes to require
parents may change their proposed prospective adoptive parents to
country of adoption once without submit Form I-600A/I-600,
fee. For example, if they are Supplement 3 to request the
matched with an eligible orphan in initial no-fee change of
a country other than the country proposed country of
initially identified on their Form I- adoption.303 Form I-600A/I-
600A. For subsequent country 600 Supplement 3 would
changes, prospective adoptive allow prospective adoptive
parents file Form I-824, parents to request a second or
Application for Action on an subsequent change in the
Approved Application or Petition, proposed country of adoption
with fee. with the proposed fee.
Duplicate Approval For duplicate approval notices, DHS proposes to require
Notices prospective adoptive parents file prospective adoptive parents to
Form I-824, Application for submit Form I-600A/I-600,
Action on an Approved Supplement 3, with the
Application or Petition, with fee. proposed fee, to request a
duplicate approval notice.
a. Suitability and Eligibility Extensions
Currently, prospective adoptive parents pursuing an intercountry adoption from non-
Hague countries may request a no-fee initial extension of their Form I-600A approval.304
Requests are submitted in writing and second or subsequent requests to extend their approval are
not allowed. See 8 CFR 103.7(b)(1)(i)(Z)(3) (2020) (Oct. 1, 2020). DHS proposes that
prospective adoptive parents be allowed to request more than one extension of their Form I-600A
approval, if necessary, by filing the proposed Form I-600A/I-600 Supplement 3. The first request
would be free under this proposal. Second or subsequent requests would require the proposed fee
of $455. See proposed 8 CFR 106.2(a)(31).
Currently, if an applicant needs to extend their Form I-600A approval, they may file a
written request for an extension no more than 90 days before their Form I-600A suitability
303 See section VIII.N.4.e for limitations in Hague Adoption Convention transition cases and countries.
304The Form I-600A approval notice reflects the validity period of the prospective adoptive parents’ suitability and
eligibility determination.
approval expires, but on or before its expiration date. DHS now proposes that an applicant must
file a Supplement 3 to seek an extension before their Form I-600A suitability approval expires.
A Supplement 3 seeking an extension cannot be filed more than 90 days before the Form I-600A
suitability approval expires and must be filed before the approval expires if they need to extend
their validity period. A Supplement 3 may be denied if filed sooner.305 This codifies the
administrative efficiencies created by ensuring applicants timely file their extensions and mirrors
the existing time frames for requesting an extension. In addition, this further aligns the processes
for requesting extensions for adoptions from countries that are not party to the Hague Adoption
Convention (Hague) with the processes for countries that are a party to that Convention. See
proposed 8 CFR 204.3(h)(3)(ii).
DHS proposes to remove 8 CFR 204.3(h)(3)(ii) (Oct. 1, 2020). This regulation
that provides for DHS to extend suitability approvals without the prospective adoptive parents
requesting one in certain scenarios would no longer be necessary because applicants would have
a form (Supplement 3) they can file to request unlimited extension requests for non-Hague cases.
Currently, DHS does not have a form for applicants to request extensions for non-Hague cases,
and only allows one written extension request. In association with this rule, DHS proposes to
create a form that prospective adoptive parents can use to file unlimited extension requests for
non-Hague cases. In addition, this proposed change also aligns the non-Hague adoptions
regulations with the Hague Adoption Convention regulations, which do not contain a parallel
provision that provides DHS authority to extend suitability approvals in the event of such
emergency because prospective adoptive parents can file a form to request an extension and can
do so an unlimited number of times. Finally, DHS has an obligation to ensure applicants remain
305This is current practice that DHS is codifying with the creation of Supplement 3 and a fee. See USCIS Policy
Manual Volume 5, Adoptions, Part B, Adoptive Parent Suitability Determinations Chapter 5, Action on Pending or
Approved Suitability Determinations [5 USCIS-PM B.5] available at https://www.uscis.gov/policy-manual/volume-
5-part-b-chapter-5.
suitable for intercountry adoption and must update our suitability determination before extending
approvals. For this reason, DHS proposes to remove 8 CFR 204.3(h)(3)(ii) (Oct. 1, 2020).306
b. New Approval Notices
Currently, prospective adoptive parents using the non-Hague process may request a new
approval notice based on a significant change in circumstances at no cost. See 8 CFR
103.7(b)(1)(i)(Z) (Oct. 1, 2020). DHS proposes that prospective adoptive parents must file the
proposed Form I-600A/I-600 Supplement 3, and an updated home study, to notify USCIS of a
significant change and request a new approval notice. See proposed 8 CFR 106.2(a)(31). The
prospective adoptive parent must pay the proposed fee of $455 unless they are also filing either a
first-time request for an extension or first-time change of country on the same Supplement 3.
c. Change of Country
Currently, prospective adoptive parents may change the proposed country of adoption
once without fee. They may make subsequent country changes by filing Form I-824, Application
for Action on an Approved Application or Petition, with fee. See 8 CFR 103.7(b)(1)(i)(OO) (Oct.
1, 2020). DHS proposes that prospective adoptive parents be allowed to change the proposed
country of adoption by filing the proposed Form I-600A/I-600 Supplement 3. The first request to
change countries would remain free. Second or subsequent requests would require the proposed
fee of $455. Id.
d. Duplicate Approval Notices
Currently, prospective adoptive parents may request a duplicate approval notice by filing
Form I-824, Application for Action on an Approved Application or Petition, with its $465 fee.
DHS proposes that prospective adoptive parents make duplicate approval notice requests by
306This provision was changed by the 2020 fee rule, to remove language specific to SARS, and to replace with more
general language about a public health or other emergency. 85 FR 46921; 8 CFR 204.3(h)(3)(ii) (Oct. 2, 2020).
DHS now proposes to remove that provision altogether for the reasons stated here.
filing the proposed Form I-600A/I-600 Supplement 3, with the proposed fee of $455. See
proposed 8 CFR 106.2(a)(31).
e. Hague Adoption Convention Transition Cases
DHS proposes to clarify the processes for requesting an extension of the Form I-600A
approval and other actions on an approved Form I-600A or Form I-600 as they pertain to
adoptions from countries that newly become a party to the Hague Adoption Convention. When
the Hague Adoption Convention enters into force for a country, cases that meet certain criteria
are generally permitted by the new Convention country to proceed as “transition cases” under the
non-Hague Adoption Convention process (Form I-600A and Form I-600 process). Provided that
the new Convention country agrees with the transition criteria, USCIS will generally consider a
case to be a transition case if, before the date the Convention entered into force for the country,
the prospective adoptive parents: (1) filed a Form I-600A that designated the transition country
as the intended country of adoption or did not designate a specific country and filed the Form I-
600 while the Form I-600A approval was still valid; (2) filed a Form I-600 on behalf of a
beneficiary from the transition country; or (3) completed the adoption of a child from the
transition country. If the case does not qualify as a transition case, the prospective adoptive
parents will generally need to follow the Hague Adoption Convention process with the filing of
Form I-800A and Form I-800. With the addition of the new Form I-600A/I-600 Supplement 3,
DHS proposes to codify certain limitations on when the Supplement 3 can be used in the context
of transition cases.
i. Suitability and Eligibility Extensions
If a case qualifies as a transition case based on the filing of Form I-600A before the entry
into force date, to continue as a transition case, the prospective adoptive parents must file the
Form I-600 petition while the Form I-600A approval remains valid. Currently, prospective
adoptive parents are permitted to request a one-time, no-fee extension of their Form I-600A
approval to remain a transition case. As discussed in section a.) above, DHS proposes that
prospective adoptive parents may request more than one extension of their Form I-600A
approval outside of the transition context. DHS proposes that prospective adoptive parents may
only be permitted to request a one-time extension of their Form I-600A approval as a qualified
transition case. See proposed 8 CFR 106.2(a)(31). Generally, transition countries have requested
that DHS limit the ability of transition cases to continue indefinitely to limit the confusion that
having two simultaneously running processes causes to its administrative bodies and judicial
systems. This will provide prospective adoptive parents who have taken certain steps to begin the
intercountry adoption process with a country before the Convention entered into force additional
time to complete the adoption process under the non-Hague process, but reasonably limits the
ability to indefinitely extend the validity period of the Form I-600A approval and the processing
of transition cases under the non-Hague process.
ii. Change of Country
The transition criteria were generally designed to permit prospective adoptive parents
who had taken certain steps to begin the intercountry adoption process with a country before the
Convention entered into force to be able to continue under the non-Hague process, rather than
requiring them to begin again under the Hague process, which has different processing
requirements. If the prospective adoptive parents already designated a country of intended
adoption other than the transition country on their Form I-600A or previously changed countries
to a non-transition country, they generally would not fall into the category of families the
transition criteria were intended to reach because the designation is an indication that they have
begun the intercountry adoption process with the designated country and not with the transition
country. Therefore, in the transition context, prospective adoptive parents who designated a non-
transition country on their Form I-600A or previously changed countries to a non-transition
country generally have not been permitted to change their Form I-600A approval to a transition
country for purposes of being considered a transition case. DHS proposes to codify this
limitation in this rule. See proposed 8 CFR 106.2(a)(31).

iii. Request to Increase the Number of Children Approved to Adopt
Outside of the transition context, prospective adoptive parents are generally permitted to
request an updated Form I-600A approval notice to increase the number of children they are
approved to adopt. In the transition context, however, prospective adoptive parents with
transition cases generally have not been permitted to request an increase in the number of
children they are approved to adopt from a transition country.307 However, unless prohibited by
the new Convention country, DHS will permit prospective adoptive parents to request an updated
Form I-600A approval notice to increase the number of children they are approved to adopt as a
transition case only in order to pursue the adoption of a birth sibling, provided the birth sibling(s)
is (are) identified and the Form I-600 petition is filed before the Form I-600A approval expires.
See proposed 8 CFR 106.2(a)(31). This approach is consistent with the special treatment
afforded in the INA to “natural siblings,” which allows a Form I-600 or Form I-800 petition to be
filed for a child up to age 18, rather than age 16, only if the beneficiary is the “natural sibling” of
another foreign-born child who has immigrated (or will immigrate) based on adoption by the
same adoptive parents. INA sec. 101(b)(1)(F)(ii) and (G)(iii); 8 U.S.C. 1101(b)(1)(F)(ii) and
(G)(iii). While the INA uses the term “natural sibling,” DHS generally uses the term “birth
siblings” synonymously, which includes half-siblings but does not include adoptive siblings.
5. Form I-800A, Supplement 3, Request for Action on Approved Form I-800A
DHS also proposes a fee of $455 at 8 CFR 106.2 and revises and republishes a
clarification to 8 CFR 204.312 to align with the current process for adjudicating Form I-800A
Supplement 3. Currently, prospective adoptive parents may request a first extension of the Form
I-800A approval, and a first-time change in the proposed country of adoption, by filing Form I-
800A Supplement 3 without a fee. Second or subsequent requests for an extension, change of
country, or duplicate approval notice can currently be made by filing Form I-800A Supplement 3
307See USCIS, “Transition Cases”, available at https://www.uscis.gov/adoption/immigration-through-

adoption/transition-cases (last viewed Jun. 21, 2022).
with a fee. Additionally, prospective adoptive parents can currently request a new approval
notice based on a significant change and updated home study by filing Form I-800A Supplement
3. A request for a new approval notice must be submitted with a fee unless the prospective
adoptive parents are also filing a first-time request for either an extension or change of country
on the same Supplement 3. When DHS implemented the Hague Adoption Convention, as a
matter of operational efficiency USCIS decided to accept Form I-800A Supplement 3 extension
requests regardless of whether the Form I-800 petition was already filed, rather than requiring
prospective adoptive parents to file a new Form I-800A to begin the process anew. That
procedure generally shortens the subsequent suitability and eligibility adjudication process for
prospective adoptive parents seeking an extension of their Form I-800A approval, as Supplement
3 adjudications are generally prioritized over new Form I-800A filings, allowing for a new
decision on the prospective adoptive parents’ suitability and eligibility to occur more quickly.
Therefore, DHS proposes to republish 8 CFR 204.312(e)(3)(i) to permit the filing of Form I-
800A Supplement 3 regardless of whether Form I-800 has been filed.
DHS proposes to revise 8 CFR 204.312(e)(3)(ii) to clarify the evidentiary requirements
for updates due to significant changes. The Supplement 3 can be filed for an extension request, a
change of country, a duplicate approval notice, or an update due to a significant change. The
evidentiary requirements are the same regardless of which type of request the applicant makes.
However, the current regulation only describes the evidence required for a Supplement 3 for an
extension request or a change of country. The current regulations do not include updates when
listing evidentiary requirements for Supplement 3. This proposed clarification mirrors current
practices and form instructions. See proposed 8 CFR 204.312(e)(3)(ii).
DHS proposes to remove the fee language from 8 CFR 204.312(e)(3)(i), including
amending paragraph (e)(3)(i)(A) and striking paragraphs (e)(3)(i)(C) and (D), because this
language is unnecessarily redundant with the fees in 8 CFR 106.2.

O. Immigrant Investors
1. Immediate Effects of the EB-5 Reform and Integrity Act of 2022
DHS proposes changes to various fees for regional centers and related immigration
benefit requests related to Employment-Based Immigrant Visa, Fifth Preference (EB-5). As
explained in section III.F. above, on March 15, 2022, the President signed the EB-5 Reform and
Integrity Act of 2022, Div. BB of the Consolidated Appropriations Act, 2022 (Pub. L. 117-
103). The EB-5 Reform and Integrity Act of 2022 repealed the prior authorizing statute for the
EB-5 “regional center program” and codified a substantially reformed regional center program in
the INA, effective 60 days after enactment on May 14, 2022. The EB-5 Reform and Integrity
Act of 2022 has no immediate impact on the staffing levels of the USCIS Immigrant Investor
Program Office. Nevertheless, and despite the changes in the law and program, DHS has
proposed fees in this rule based on the currently projected staffing needs to meet the adjudicative
and administrative burden of the Immigrant Investor Program Office pending the fee study
required by section 106(a) of the EB-5 Reform and Integrity Act of 2022.
2. Background of the EB-5 Program
Congress created the EB-5 program in 1990 to stimulate the U.S. economy through job
creation and capital investment by immigrant investors. The EB-5 regional center program was
later added in 1992 by the Departments of Commerce, Justice, and State, the Judiciary, and
Related Agencies Appropriations Act, 1993. Pub. L. 102-395, sec. 610, 106 Stat 1828 (Oct. 6,
1992). As amended by the EB-5 Reform and Integrity Act of 2022, the EB-5 program makes
approximately 10,000 visas available annually to foreign nationals (and their dependents) who
invest at least $1,050,000 or a discounted amount of $800,000 if the investment is in a targeted
employment area (TEA) (which includes certain rural areas and areas of high unemployment) or
infrastructure project in a U.S. business that will create at least 10 full-time jobs in the United
States for qualifying employees. See INA sec. 203(b)(5), 8 U.S.C. 1153(b)(5); 8 U.S.C. 11538
U.S.C. 1153. Investors may satisfy up to 90 percent of the job creation requirements with jobs
that are estimated to be created indirectly through qualifying investments within a commercial
enterprise associated with a regional center approved by USCIS for participation in the regional
center program. INA sec. 203(b)(5), 8 U.S.C. 1153(b)(5). In FY 2013, USCIS created the
Immigration Investor Program Office (IPO) in Washington, D.C., to handle EB-5 matters, hiring
staff with expertise in economics, law, business, finance, securities, and banking to enhance
consistency, timeliness, and integrity within the program.
USCIS is committed to strengthening the integrity and improving the overall
administration of the EB-5 program. There is perennial and increasing media attention around
the EB-5 Program, largely created around the exploitation of the program by abusive actors.308
Since the FY 2016/2017 fee rule, IPO added staff positions to focus both on managing the
program and identifying fraud, national security, public safety, and non-compliance concerns
within the program. For example, IPO hired auditors to complete regional center compliance
reviews associated with the review of the annual certification filings. See INA section
203(b)(5)(G), 8 U.S.C. 1153(b)(5)(G). On March 20, 2017, USCIS instituted EB-5 regional
center compliance reviews to enhance the EB-5 program integrity and verify information in
regional center applications and annual certifications. USCIS designed this program to verify the
information provided by designated regional centers and verify compliance with applicable laws
and authorities to ensure continued eligibility for the regional center designation. These
308Michelle Hackman & Konrad Putzier, “Cash-for-Visa Program Looks to Be in Jeopardy,” The Wall Street
Journal (June 15, 2021), available at https://www.wsj.com/articles/cash-for-visa-program-looks-to-be-in-jeopardy-
11623758401; see also U.S. Citizenship and Immigr. Servs., U.S. Dep’t of Homeland Security, “Hearing on
“Citizenship for Sale: Oversight of the EB-5 Investor Visa Program” before the Senate Committee on the Judiciary
on June 19, 2018” (last updated June 19, 2018), available at https://www.uscis.gov/tools/resources-for-
congress/testimonies/hearing-on-citizenship-for-sale-oversight-of-the-eb-5-investor-visa-program-before-the-senate;
U.S. Dep’t of Justice, Office of Public Affairs, “Chinese National Pleads Guilty to Illegal Exports to Northwest
Polytechnical University” (Apr. 28, 2021), available at https://www.justice.gov/opa/pr/chinese-national-pleads-
guilty-illegal-exports-northwestern-polytechnical-university; U.S. Dep’t of Justice, U.S. Attorney’s Office, Eastern
District of Louisiana, “Ex-White House Military Aide and Maryland Businessman Found Guilty for Operating
Fraudulent EB-5 Visa Scheme (Sept. 6, 2019), available at https://www.justice.gov/usao-edla/pr/ex-white-house-
military-aide-and-maryland-businessman-found-guilty-operating-fraudulent; U.S. Dep’t of Justice, U.S. Attorney’s
Office, West District of Wisconsin, “Developer Sentenced to 4 Years in Prison for Defrauding Investors seeking
Permanent Residency under Federal Immigration Program (Aug. 4, 2017), available at
https://www.justice.gov/usao-wdwa/pr/developer-sentenced-4-years-prison-defrauding-investors-seeking-
permanent-residency.
compliance reviews are full-file reviews and include contact via written correspondence,
telephone, interviews, and onsite assessments conducted by IPO auditors.
3. Proposed EB-5 Program Fees
The proposed fee for Forms I-526, Immigrant Petition by Alien Entrepreneur, and Form
I-526E, Immigrant Petition by Regional Center Investor, is $11,160, a $7,485 or 204 percent
increase from the current $3,675 fee. See 8 CFR 103.7(b)(1)(i)(W) (Oct. 1, 2020); proposed 8
CFR 106.2(a)(24). The proposed fee for Form I-829, Petition by Investor to Remove Conditions
on Permanent Resident Status, is $9,525, a $5,775 or 154 percent increase from the current
$3,750 fee. See 8 CFR 103.7(b)(1)(i)(PP) (Oct. 1, 2020); proposed 8 CFR 106.2(a)(51). The
proposed fee for Form I-956, Application for Regional Center Designation, is $47,695, a $29,900
or 168-percent increase from the $17,795 fee for Form I-924, Application for Regional Center
Designation under the Immigrant Investor Program. See 8 CFR 103.7(b)(1)(i)(WW) (Oct. 1,
2020); proposed 8 CFR 106.2(a)(64). DHS also proposes a $47,695 fee for Form I-956F,
Application for Approval of Investment in a Commercial Enterprise, because the information it
collects and the benefit that results was previously an optional submission that was adjudicated
on Form I-924, when included. Section 103(b)(1)(F) of the EB-5 Reform and Integrity Act of
2022, Div. BB of the Consolidated Appropriations Act, 2022 (Pub. L. 117-103) now requires a
regional center, once designated with an approved Form I-956, to submit an application for
approval of an investment in a commercial enterprise (Form I-956F). The proposed fee for Form
I-956G, Regional Center Annual Statement, is $4,470, a $1,435 or 47 percent increase from the
$3,035 fee for Form I-924A, Annual Certification of Regional Center. See 8 CFR
103.7(b)(1)(i)(WW) (Oct. 1, 2020); proposed 8 CFR 106.2(a)(66). The EB-5 program
encompasses Forms I-526, I-526E, I-829, I-956, I-965F, and I-956G.309
309 DHS has also created Forms I-956H, Bona Fides of Persons Involved with Regional Center Program, and I-956K
Registration for Direct and Third-Party Promoters, for the new EB-5 program. DHS proposes no fee for those forms
in this rule.
In the FY 2016/2017 fee rule, USCIS planned for 204 positions in IPO. In the FY
2022/2023 fee review, USCIS estimates an annual average requirement of 245 positions in IPO.
As discussed earlier, projected volumes and completion rates are two of the main drivers in the
fee review.310 Staffing requirements and costs change as volume or completion rate estimates
change. Generally, EB-5 volume estimates decreased since the FY 2016/2017 fee rule while
completion rate estimates increased.311 For example, the FY 2022/2023 workload volume
estimate for Forms I-526 and I-526E decreased by 10,773 or -73 percent compared to Form I-
526 in FY 2016/2017. Estimated workload for Form I-924 decreased by 338 or -85 percent.
Overall, EB-5 actual receipts declined consistently year-over-year from FY 2016 to FY 2020.
See Table 21, EB-5 Receipts from FY 2016 to FY 2020. However, completion rates increased.
For example, the estimated completion rate for Form I-526 was 6.5 hours in the FY 2016/2017
fee rule. See 81 FR 26925. In the FY 2022/2023 fee review, USCIS estimates that the completion
rate for Forms I-526 and I-526E is 20.69 hours, a 14.19 hour or 218 percent increase. The
estimated completion rate for Form I-924 was 40 hours in the current fee structure. Id. In the FY
2022/2023 fee review, USCIS is using the methodology for Forms I-924 and I-924A and
applying it to Forms I-956 and I-956G respectively. USCIS estimates that the completion rate for
Form I-956 (formerly Form I-924) is 108.50 hours, a 68.50 hour or 171 percent increase. The
work associated with Form I-956 adjudications includes reaffirmations and terminations;
therefore, the time requirements associated with these subsequent actions is factored into the
overall completion rate for Form I-956. The number of approved regional centers decreased from
2016 to 2020 by over 200, significantly increasing the number of hours spent on the terminations
of those regional centers. Increased work associated with terminations contributed to the overall
increase in the completion rates.
See section V.B, Methodology, earlier in this preamble for workload volumes and completion rates in the FY
310
2022/2023 fee review.

311 Id.
IPO staffing did not decrease from the levels estimated in the FY 2016/2017 fee rule
despite lower workload volumes because the amount of work required per form increased (in
other words, completion rates increased) and USCIS increased the number of other positions to
strengthen the program integrity, resulting in increased staffing overall. In some cases, there was
adjudicative work that was required even if there was no petition and associated filing fee filed.
In addition to reviewing Form I-956G (formerly Form I-924A), USCIS also incurs costs
associated with regional centers that fail to file Form I-956G. USCIS will sanction or terminate
the designation of a regional center in the program if a regional center fails to submit information
annually. See INA section 203(b)(5)(G), 8 U.S.C. 1153(b)(5)(G). Therefore, USCIS must take
adjudicative action on regional centers that fail to file this form, and there is a cost involved even
if no fee is filed to cover the cost.
The reduced EB-5 workload volume contributes to significantly higher fee-paying unit
costs in the ABC model because there are fewer paying customers from whom USCIS recovers
the cost of processing the EB-5 workloads. As discussed in earlier in this preamble, DHS bases
most proposed fees on fee-paying unit costs from the ABC model. See section V.B.3., Assessing
Proposed fees. In a separate rulemaking, DHS may reevaluate EB-5 proposed fees to meet the
timely processing goals of Pub. L. 117-103. See Pub. L. 117-103 at div. BB, sec. 106.
Table 21: EB-5 Receipts from FY 2016 to FY 2020

Form FY 2016 FY 2017 FY 2018 FY 2019 FY 2020
I-526/I-526E 14,147 12,165 6,424 4,194 4,378
I-829 3,474 2,625 3,283 3,756 3,096
I-956 (former I-924) 436 280 122 79 34
I-956G (former I-924A) 785 842 787 808 702
EB-5 Total 18,842 15,912 10,616 8,837 8,210
The proposed fees represent consistent application of the methodology discussed earlier
in this preamble. In each case, the EB-5 proposed fees are based on the ABC model outputs. As
explained earlier in the preamble, the fees for benefit requests with higher fee-paying volume or
model outputs, such as the EB-5 forms, are set higher than the model outputs via the process
called cost reallocation. See section V.B.3. Consistent with the practice and the treatment of
similar forms in this proposed rule, the proposed fees for the EB-5 forms exceed the estimated
full cost of adjudication because, under the model, the fees include amounts needed to recover
the costs associated with processing other workloads where fees are insufficient to recover full
cost. Id. DHS may reevaluate EB-5 proposed fees to meet the additional fee guidelines of EB-5
Reform and Integrity Act of 2022 sec. 106(c). Under the ability-to-pay principle, those who are
more capable of bearing the burden of fees should pay more for a service than those with less
ability to pay. The requirements of immigrant investor program indicate that immigrant investors
and regional centers have the ability-to-pay more than most USCIS customers. In addition,
compared to the amount of capital required and the required investment levels for an immigrant
investor, the amount of the USCIS fees are an insignificant amount. Thus, DHS proposes that
the fee amounts indicated by the ABC full cost recovery model for the four immigrant investor
forms are not capped or decreased. DHS believes that immigrant investors and regional centers
are able to pay the fees and the requirements for financial wherewithal in the program are
inconsistent with shifting its costs to other requests and requiring others to subsidize its share of
the costs of USCIS. While the proposed EB-5 fees are some of the highest on the fee schedule,
the revenue from them is still a small part of the total revenue forecast because the volumes are
low. See Table 22. The EB-5 average annual revenue forecast is approximately $80.7 million for
the FY 2022/2023 period. As such, the EB-5 revenue forecast is only approximately 2 percent of
the total average annual FY 2022/2023 revenue forecast with the proposed fees.
Table 22: FY 2022/2023 Average Annual EB-5 Revenue Forecast with Proposed Fees
Revenue with Proposed

Immigration Benefit Request
Fees (in Millions)
I-526/I-526E Immigrant Petition by Standalone/Regional Center $43.52
Investor
I-829 Petition by Investor to Remove Conditions on Permanent $30.96
Resident Status
I-956, Application for Regional Center Designation $2.96
I-956G, Regional Center Annual Statement $3.25
EB-5 Subtotal $80.69
Asylum Program Fee $425.18
All other IEFA non-premium revenue $4,657.85
Grand Total $5,163.72
P. Genealogy and Records

1. Genealogy Search and Records Requests
DHS revised the regulations governing genealogical research requests in the 2020 fee
rule. See 85 FR 46915. The changes were intended to allow USCIS to send pre-existing digital
records as part of a response to requestors who have filed Form G-1041, Genealogy Index Search
Request, and otherwise help USCIS improve genealogy processes. DHS also proposed a fee for a
Genealogy Index Search Request, Form G-1041, of $240, and for a Genealogy Records Request,
Form G-1041A, of $385. 84 FR 62362. Numerous commenters generally opposed increasing
fees for genealogy search and records requests for various reasons. 85 FR 46834. For the 2020
final rule, USCIS refined the methodology used to estimate genealogy program costs and DHS
established a fee for Form G-1041 when filed online as $160 and $170 when filed on paper. DHS
established a fee for Form G-1041A when filed online as $255 and $265 when filed by paper.
These fees were enjoined and not implemented.
The FY 2022/2023 IEFA fee review has determined that USCIS needs additional funds
for its Genealogy Search and Records Requests program. Therefore, DHS again proposes
changes to the genealogy search and request program. These proposals will allow USCIS to send
pre-existing digital records as part of a response to requestors who have filed Form G-1041,
Genealogy Index Search Request, recover the costs of the genealogy program, and may
otherwise help USCIS improve genealogy processes.
Congress provided specific authority for establishing USCIS genealogy program fees.
See INA sec. 286(t), 8 U.S.C. 1356(t). The statute requires that genealogy program fees be
deposited into the IEFA and provides that the fees for such research and information services
may be set at a level that will ensure the recovery of the full costs of providing all such services.
Id. USCIS does not receive appropriations for genealogy workloads, and genealogy revenue does
not augment Government tax revenue. USCIS only receives appropriations for E-Verify, the
Citizenship and Integration Grant Program, and other specific purposes, as explained in section
III.B. of this preamble.
The USCIS genealogy program processes requests for historical records of deceased
individuals. See Establishment of a Genealogy Program, 73 FR 28026 (May 15, 2008) (final
rule). Before creating a genealogy program, USCIS processed the requests as FOIA request
workload, which resulted in delays. See Establishment of a Genealogy Program, 71 FR 20357
(Apr. 20, 2006) (proposed rule). Requestors use the USCIS website312 or Form G-1041,
Genealogy Index Search Request, to request an index search of USCIS historical records. See 8
CFR 103.7(b)(1)(i)(E) (Oct. 1, 2020). USCIS informs the requestor whether any records are
available by mailing a response letter. Requestors use the Form G-1041A, Genealogy Records
Request, to obtain copies of USCIS historical records, if they exist. See 8 CFR 103.7(b)(1)(i)(F)
(Oct. 1, 2020).
In the FY 2016/2017 fee rule, USCIS adopted the first change to the genealogy search
and records requests fees since they had been established. See 81 FR 73304. DHS set both
genealogy search and records requests fees at $65. Id. At the time, genealogy fees were
insufficient to cover the full costs of the genealogy program. DHS increased the fee to meet the
estimated cost of the program and permit USCIS to respond to requests for such historical
records and materials.
After more than ten years of operating the genealogy program, DHS proposes to make
several changes to the process. Ultimately, DHS expects these changes may allow USCIS to
provide genealogy search results and historic records more quickly when pre-existing digital
records exist.
312 USCIS, “Genealogy,” available at https://www.uscis.gov/records/genealogy.

First, DHS proposes to revise genealogy regulations to encourage requestors to submit
the electronic versions of Form G-1041, Genealogy Index Search Request, and Form G-1041A,
Genealogy Records Request, through the online portal at
https://www.uscis.gov/records/genealogy. See proposed 8 CFR 103.40(b). Electronic versions of
the requests reduce the administrative burden on USCIS by eliminating the need to manually
enter requestor data into its systems. Requestors that cannot submit the forms electronically may
still submit paper copies of both forms with the required filing fees.
Second, DHS proposes to change the search request process so that USCIS may provide
requestors with pre-existing digital records, if they exist, in response to a Form G-1041,
Genealogy Index Search Request. When requestors submit Form G-1041, Genealogy Index
Search Request, on paper or electronically, USCIS searches for available records. If no record is
found, then USCIS notifies the requestor by mail or email. If USCIS identifies available records,
then USCIS provides details on the available records, but does not provide the copies of the
actual records. Under current regulations, a requestor must file Form G-1041A, Genealogy
Records Request, with a fee for each file requested, before USCIS provides any records that it
found as a result of the search request. DHS proposes to provide the requestor with those pre-
existing digital records, if they exist, via email in response to the initial search request. See
proposed 8 CFR 103.40(f). If only paper copies of the records exist, or if the requestor wants a
physical copy of the digitized record, then the requestor must follow the current process and file
Form G-1041A. Consistent with current practices, requestors must still pay the Form G-1041A
request fee to request a paper record. In short, the proposal may allow some customers to file a
single search request with a single fee and still receive the genealogy information that they
requested. USCIS forecasts that records requests may be approximately 30 percent of index
search requests. See section V.B.1. of this preamble for immigration benefit request volumes.
Meaning, for approximately 70 percent of index searches, USCIS may provide electronic copies
of digital records, USCIS may not identify any records, or customers may not follow-up with a
records request for hardcopies.
Lastly, DHS proposes to change the genealogy fees to reflect these operational changes
and recover the full cost of providing genealogical services. See 8 CFR 103.7(b)(1)(i)(E) and (F)
(Oct. 1, 2020); proposed 8 CFR 106.2(c)(1) and (2). USCIS estimated the workload volume
based on these proposed changes and historic information. USCIS must estimate the costs of the
genealogy program because it does not have a discrete genealogy program operating budget.
Maintaining a separate genealogy program budget would be administratively burdensome
because it is such a small portion of USCIS staffing, as explained later in this section.
The proposed fees are based on results from the same ABC model used to calculate other
immigration benefit request fees proposed in this NPRM. However, the proposed increase
reflects changes in USCIS’ methodology for estimating the costs of the genealogy program to
improve the accuracy of its estimates. In the FY 2016/2017 fee rule, DHS estimated the costs of
the genealogy program indirectly using projected volumes and other information. See 81 FR
26919. It did not separate genealogy from the other costs related to the division that handles
genealogy, FOIA, and similar USCIS workloads. Id. This methodology underestimated the total
cost to USCIS of processing genealogy requests by not fully recognizing costs associated with
the staff required to process genealogical requests. Therefore, other fees have been funding a
portion of the costs of the genealogy program, and DHS proposes to correct that.
In the 2020 fee rule, USCIS created a new activity for this workload, called Research
Genealogy, in the ABC model.313 Previous fee reviews captured this work as part of the Records
Management activity. The same office that researches genealogy requests, the National Records
Center (NRC), also performs other functions, such as FOIA operations, retrieving, storing, and
moving files. To improve efficiency and decrease wait times for USCIS Genealogy Program
313The current FY 2022/2023 fee review continues to use this new activity. See the supporting documentation
accompanying this proposed rule for more information on the activities in the ABC model.
customers, processing of USCIS genealogy requests transitioned from Washington, D.C., to
USCIS NRC in Lee’s Summit, Missouri. This change enabled USCIS to revise its cost
estimation methodology to incorporate a proportional share of the NRC’s operating costs based
on the staff devoted to the genealogy program. USCIS estimates that there are approximately 6
genealogy positions out of the total 24,266 positions in the fee review.
USCIS used historical information to calculate completion rates for genealogy search and
records requests. The completion rates allow for separate search and record request fees based on
the average time to complete a request. As such, the proposed fees each represent the average
staff time required to complete the request, similar to most other fees proposed in this rule. The
completion rates in the 2020 fee rule documentation did not reflect the workload transfer.
Updated data that reflects the change were used for this fee review and shows that completion
rates decreased.
In addition to genealogy staffing, USCIS also incurs overhead costs associated with
storing and managing genealogy records, including the cost of facilities and information
technology. The projected costs included a portion of these overhead costs. The paper filing fee
includes a portion of lockbox costs for genealogy requests filed on paper. Requests filed online
do not include lockbox costs. USCIS estimates that over 90 percent of genealogy customers may
file online.
The proposed fees for Form G-1041 are $100 for online and $120 for paper filing. The
proposed fees for Form G-1041A are $240 for online and $260 for paper filing. See Table 23 for
a summary of current and proposed genealogy fees. As explained earlier in this section, the
proposal may allow some customers to file a single search request with a single fee and still
receive the genealogy information that they requested. The proposal to include pre-existing
digital records, if they exist, via email in response to the initial search request would also be
more efficient than the current process, as described earlier in this section. USCIS estimates that
genealogy fees may provide $1.9 million in revenue or approximately 0.04 percent of the USCIS
total $5,163.7 million in revenue from the proposed fee structure.
Table 23: Genealogy Fee Comparison

Form No. Form Description Current Proposed Difference Percentage
Fee(s) Fee Difference
G-1041 Genealogy Index Search Request $65 $100 $35 54%
- Online
G-1041 Genealogy Index Search Request $65 $120 $55 85%
- Paper
G-1041A Genealogy Records Request - $65 $240 $175 269%
Online
G-1041A Genealogy Records Request - $65 $260 $195 300%
Paper
G-1041 Genealogy Index Search Request $130 $100 -$30 -23%
and G- and Records Request - Online
1041A (digital records)
2. Request for a Certificate of Non-Existence
USCIS allows individuals to request a Certificate of Non-Existence to document that
USCIS has no records indicating that an individual became a naturalized citizen of the United
States. See 8 CFR 103.7(f) (Oct. 1, 2020) (stating, “The Director of USCIS, or such officials as
he or she may designate, may certify records when authorized under 5 U.S.C. 552 or any other
law to provide such records.”). This service is often used by individuals gathering genealogical
records to claim the citizenship of another nation. Historically, USCIS has operated the
Certificate of Non-Existence request process informally and at no cost to individuals requesting a
Certificate. USCIS has now proposed to create USCIS Form G-1566, Request for a Certificate of
Non-Existence to enable customers to request the Certificate. A Request for a Certificate of Non-
Existence is mailed to and processed at the NRC. USCIS is currently seeking public comment
and OMB approval for creation of Form G-1566, Request for a Certificate of Non-Existence, in
compliance with the requirements of the PRA. See 86 FR 68680 (December 3, 2021) (requesting
public comments on the information collection instrument for 30 days).314
DHS proposes a fee of $330 for a request for a Certificate of Non-Existence. DHS
calculated the fee to recover the estimated full cost of processing these requests. If finalized, the
fee will be established in this rule and will be required for submission of Form G-1566 if it is
approved before this rule takes effect. If the form is not approved before this rule is to take
effect, the fee will be due with the submission of a non-form request until the form is prescribed
as provided in 8 CFR 299.1. DHS proposes this fee consistent with the full cost recovery model
used for this rule to generate revenue to mitigate the need for other fee payers to fund the costs of
providing certificates.
The proposed fee for a request for a Certificate of Non-Existence is based on the same
ABC model used to calculate the other proposed fees. USCIS created a new activity for this
workload, called Certify Nonexistence, in the ABC model. Similar to the genealogy fee, previous
fee reviews captured this work as part of the Records Management activity. See the supporting
documentation accompanying this proposed rule for more information on the activities in the
ABC model. Additionally, USCIS used subject matter expert input to determine a completion
rate for reviewing and responding to requests for a Certificate of Non-Existence. Therefore, the
proposed fee represents the average staff time required to complete a request, similar to most
other fees proposed in this rule. The fee DHS proposes does not reflect cost reallocation from
other non-paying workloads to processing requests for a Certificate of Non-Existence, because
DHS determined that including such costs would disproportionately affect the small number of
requestors.
314See Notice by USCIS, Agency Information Collection Activities; New Collection: Request for a Certificate of
Non-Existence, available at https://www.federalregister.gov/documents/2021/12/03/2021-26245/agency-
information-collection-activities-new-collection-request-for-a-certificate-of-non-existence.
Q. Fees Shared by CBP and USCIS
CBP shares the workload with USCIS in adjudicating the following immigration benefit
requests:
 Form I-192, Application for Advance Permission to Enter as a Nonimmigrant.
 Form I-193, Application for Waiver of Passport and/or Visa.
 Form I-212, Application for Permission to Reapply for Admission into the U.S. after
Deportation or Removal.
 Form I-824, Application for Action on an Approved Application or Petition.
USCIS and CBP each keep the revenue for the applications that they adjudicate. Tables
20 and 21 summarize CBP and USCIS information for these shared workloads. Table 24
provides revenue information for both DHS components. CBP provided revenue collections from
FY 2014 to FY 2020 for these immigration benefit requests. Travel restrictions in FY 2020 likely
lowered revenue collections. DHS believes that pre-pandemic data is likely to be more
representative of reasonable expectations for FY 2022 and FY 2023 and so DHS decided to use
FY 2019 amounts to reflect costs and revenue before the pandemic. USCIS divided the revenue
collections by the fee for each immigration benefit request to derive the fee-paying volume for
each immigration benefit request. CBP did not provide total workload counts for these
immigration benefit requests. Table 24 summarizes the USCIS and CBP revenue collections,
current fees, and fee-paying actuals.
Table 24: USCIS and CBP FY 2019 Revenue Actuals

Form Revenue Collections Current Fee Fee-Paying Receipts
I-192 $24,678,675 N/A 28,569
I-192 USCIS Total $21,472,270 $930 23,088
I-192 CBP Total $3,206,405 $585 5,481
I-193 $3,980,339 N/A 6,804
I-193 USCIS Total $26,325 $585 45
I-193 CBP Total $3,954,014 $585 6,759
I-212 $7,877,160 N/A 8,470
I-212 USCIS Total $7,697,670 $930 8,277
I-212 CBP Total $179,490 $930 193
I-824 $4,944,135 N/A 10,633
Table 24: USCIS and CBP FY 2019 Revenue Actuals
Form Revenue Collections Current Fee Fee-Paying Receipts
I-824 USCIS Total $4,920,945 $465 10,583
I-824 CBP Total $23,190 $465 50
USCIS and CBP Total $41,490,034 54,476
USCIS Total $34,117,210 41,993
CBP Total $7,363,099 12,483
DHS proposes to move to a single fee for each of these four immigration benefit requests.
The proposed fee is the same whether CBP or USCIS adjudicates the application. To calculate
the proposed fees for these four forms, DHS combined the estimated cost and volume
information for these applications that both USCIS and CBP adjudicate. DHS adds together the
fee-paying receipt and cost data for both components, as shown in Table 25, when calculating
overall estimated costs and projected receipts. USCIS calculated proposed fees using the same
methodology as other proposed fees and then added information from CBP into the USCIS fee
schedule. CBP estimated the total cost for Forms I-192 and I-193 in FY 2019. As stated earlier,
DHS used FY 2019 CBP data because it is likely more representative of a typical year than more
recent data. CBP did not estimate the total cost of Forms I-212 or I-824 in FY 2019. Based on
CBP revenue collections in Table 24, fee-paying receipts for Forms I-212 and I-824 appear to be
very low. USCIS incorporated the total costs and derived fee-paying volume for the respective
CBP workloads into the USCIS fee schedule and added the CBP estimated costs to the USCIS
estimated total cost from the ABC model. USCIS added the CBP-derived fee-paying volume to
the USCIS fee-paying volume estimates. We divided the combined total cost by the combined
total fee-paying volumes for these immigration benefits. Table 25 details the estimated cost data,
fee-paying receipts, fee-paying unit cost, and proposed fees for combined USCIS and CBP
workloads.
Table 25: USCIS and CBP FY 2022/2023 Estimated Costs

Form Cost Data Estimated Fee- FY 2022/2023 Fee- Proposed
Paying Receipts Paying Unit Cost Fee
I-192 $23,143,825 10,954 $2,113 $1,100
Table 25: USCIS and CBP FY 2022/2023 Estimated Costs
Form Cost Data Estimated Fee- FY 2022/2023 Fee- Proposed
Paying Receipts Paying Unit Cost Fee
I-192 USCIS Total $20,829,436 5,473 $3,806
I-192 CBP Total $2,314,389 5,481 $422
I-193 $19,478,943 6,772 $2,876 $695
I-193 USCIS Total $17,020 13 $1,309
I-193 CBP Total $19,461,923 6,759 $2,879
I-212 $7,457,101 7,260 $1,027 $1,395
I-212 USCIS Total $7,457,101 7,067 $1,055
I-212 CBP Total - 193 -
I-824 $5,106,968 10,633 $480 $675
I-824 USCIS Total $5,106,968 10,242 $499
I-824 CBP Total - 50 -
USCIS and CBP Total $55,186,837 35,278
USCIS Total $33,410,525 22,795
CBP Total $21,776,312 12,483
The proposed fees represent single DHS fees for each of these workloads by combining
the estimated costs and fee-paying volumes of USCIS and CBP. DHS believes that a single fee
for each of these shared workloads will reduce confusion for individuals interacting with CBP
and USCIS. DHS used the combined CBP and USCIS fee-paying unit cost to calculate the
proposed fees. DHS proposes to limit the fee increases for Forms I-192 and I-193. See section
V.B.3 for information on how DHS assesses fees. The proposed fees for Forms I-212 and I-824
would recover full cost. Under this proposal, CBP and USCIS will each continue to keep the
revenue that they collect for these fees.
R. Form I-881, Application for Suspension of Deportation or Special Rule Cancellation of

Removal (Pursuant to Section 203 of Public Law 105-100 (NACARA))
DHS proposes to adjust the fee for Form I-881, Application for Suspension of
Deportation or Special Rule Cancellation of Removal (Pursuant to Section 203 of Public Law
105-100 (NACARA)). The IEFA fees for this application have not changed since 2005. The
proposed fee remains less than USCIS’ estimated costs associated with adjudicating the
application. Additionally, DHS proposes to combine the current multiple fees into a single Form
I-881 fee because we have no data that supports limiting the amount charged to a family.
INS implemented two fees for this benefit request in 1999. See 63 FR 64895 (Nov. 24,
1998) (proposed rule) and 64 FR 27856 (May 21, 1999) (interim final rule). The two IEFA fees
were $215 for an individual and $430 as a maximum per family. See 64 FR 27867-27868. EOIR
collected a separate $100 fee. Id. INS used ABC to determine the proposed IEFA fees. See 63 FR
64900. The IEFA NACARA fees have only changed by inflation since creation of the NACARA
program. See 69 FR 20528 (Apr. 15, 2004) and 70 FR 56182 (Sept. 26, 2005). The current fees
are as follows:
1. $285 for individuals,
2. $570 maximum for families, and
3. $165 at EOIR, whether an individual or family.
In FY 2020, Form I-881 fees generated $107,640 in IEFA revenue. Approximately 53
percent of applicants paid the $285 fee. See Table 26. EOIR provided receipt information for FY
2016 to FY 2018. EOIR received 339 applications in FY 2016, 326 in FY 2017, and 277 in FY
2018. DHS proposes no changes to the EOIR fee because it lacks the authority to change DOJ
fees.
Table 26: FY 2020 I-881 Revenue and Fee-Paying Data

Description Fee FY 2020 FY 2020 Fee-Paying FY 2020 Percentage of
Revenue Receipts Receipts Volume
I-881 Individual $285 $68,685 241 53 percent
I-881 Family $570 $5,130 9 2 percent
I-881 EOIR $165 $33,825 205 45 percent
Total N/A $107,640 455 100 percent
In prior fee rules, DHS has not changed the Form I-881 fees. See 72 FR 29854, 75 FR
58964, and 75 FR 73312. DHS excluded this immigration benefit request from previous fee
rules, essentially treating it like other temporary programs or policies such as TPS and DACA.
See 81 FR 73312. DHS expects the population will be exhausted eventually due to relevant
eligibility requirements. Id.
DHS proposes a single $340 fee for any Form I-881 filed with USCIS. See proposed 8
CFR 106.2(a)(54). DHS estimated the fee-paying unit cost (model output) for Form I-881 is
$2,382. USCIS forecasts an average of 385 annual Form I-881 receipts in the FY 2022/2023
biennial period. Given the low volume and high model output, DHS proposes a fee that is far less
than the estimated cost to adjudicate the form. DHS believes that the fee that the ABC model
calculates for this form would be overly burdensome and could result in an eligible applicant
being unable to file a request. Considering both its affordability and that the estimated volume is
so small, recovering full cost for this workload would not significantly affect other fees. USCIS
does not track the different level of effort required to adjudicate Form I-881 applications filed by
an individual compared to a family. However, because DHS is proposing a fee that is only 14
percent of the relative cost to USCIS to adjudicate the from, DHS is not providing a multiple
filing discount to applicants in the same family who file their Form I-881 simultaneously.
S. 9-11 Response and Biometric Entry-Exit Fee for H-1B and L-1 Nonimmigrant Workers (Pub.
L. 114-113 Fees)
In section 402(g) of Div. O of the Consolidated Appropriations Act, 2016 (Pub. L.114-
113)315 enacted December 18, 2015, Congress required the submission of an additional fee of
$4,000 for certain H-1B petitions and $4,500 for certain L-1A and L-1B petitions. The language
in Pub. L. 114-113 is ambiguous and, as a result, DHS had to determine whether the fee applied
to all extension petitions by covered employers, or just those for which the fraud fee was also
charged (extension of stay with change of employer). DHS interpreted the Pub. L. 114-113 fee to
apply only when the fraud fee, described in INA sec. 214(c)(12), 8 U.S.C. 1184(c)(12), is also
315Section 402(g) of Div. O of Pub. L. 114-113 added a new section 411 to the Air Transportation Safety and
System Stabilization Act, 49 U.S.C. 40101 note. Section 411 provided that the fees collected thereunder would be
divided 50/50 between general Treasury and a new “9-11 Response and Biometric Exit Account,” until deposits into
the latter amounted to $1 billion, at which point further collections would go only to general Treasury. Deposits into
the 9-11 account are available to DHS for a biometric entry-exit screening system as described in 8 U.S.C. 1365b.
required and issued guidance accordingly. See 8 CFR 103.7(b)(1)(i)(III) and (JJJ) (Oct. 1, 2020).
However, in the 2020 fee rule, DHS revisited the issue and interpreted Pub. L. 114-113 fee as
applying to all extension of stay petitions even when the fraud fee is not applicable. DHS still
believes that the language in the subject statute is ambiguous and could be interpreted as
provided in the 2020 fee rule. However, DHS is not including the 9-11 Response and Biometric
Entry-Exit Fees for H-1B and L-1 Nonimmigrant Workers in this rulemaking. Thus, 8 CFR
106.2(c)(7) and (8) as codified effective October 2, 2020, are proposed to be revised in this
rulemaking with the text that existed immediately before the 2020 fee rule. See proposed 8 CFR
106.2(c)(8) and (9) (setting out the text of 8 CFR 103.7(b)(1)(i)(III) and (JJJ) as of October 1,
2020, except providing that the fee is scheduled to end on September 30, 2027, as required by
section 30203 of Public Law 115-123 (Feb. 9, 2018)). DHS may address the 9-11 Response and
Biometric Entry-Exit Fees for H-1B and L-1 Nonimmigrant Workers in a separate rulemaking in
the future.
T. Adjusting USCIS Fees for Inflation

DHS is proposing to codify a provision that will authorize it to adjust the fees prescribed
in proposed 8 CFR 106.2 by the rate of inflation. Proposed 8 CFR 106.2(c). Before DHS
removed it with the 2020 fee rule, 8 CFR 103.7(b)(3)(Oct. 1, 2020) provided that DHS may
adjust USCIS immigration benefit fees annually by publication of an inflation adjustment notice
in the Federal Register. The adjustment was based on Federal employee salary inflation figures
issued by the Office of Management and Budget. Id. DHS last adjusted fees by inflation in
2005. See, 70 FR 56182 (Sept. 26, 2005). In the 2020 fee rule, DHS removed that provision for
a number of reasons. First, an agency cannot publish a document in the Notices category of the
Federal Register that provides that regulated parties ignore the CFR and follow what the Notice
provides instead. That violates the Federal Register Act, 44 U.S.C. 1510, and its implementing
regulations, 1 CFR part 21. Thus, 8 CFR 103.7(b)(3) did not provide the authorization for which
it was intended. In addition, DHS felt that adjusting USCIS fees by inflation or social security
cost of living adjustments would be insufficient to recover the full cost of providing adjudication
and naturalization services. See 85 FR 46867.
DHS has reconsidered the value of codifying an inflationary adjustment provision.
Regardless of the CFO Act requirements, and although DHS has completed its biennial fee
reviews as required, the time required to propose and finalize new full cost recovery fee
schedules does not allow DHS to make timely adjustments to USCIS fees to keep up with the
effects of changes in immigration laws, policy, or the costs of services. DHS has not calculated
what the effects of an inflation adjustment of fees in intervening years between fee rules would
have been. However, while we assume that inflationary adjustments would not have provided
USCIS with sufficient revenue to fully cover costs, we think intermittent adjustments would have
ameliorated the size of fee adjustments when they were made via rulemaking.
DHS proposes to use the Consumer Price Index for All Urban Consumers (CPI-U), as
published by the U.S. Department of Labor, U.S. Bureau of Labor Statistics, as the inflation
index for these fee adjustments.316 Proposed 8 CFR 106.2(c). In recognition of the rapid growth
in the size of transfers between a growing number of stakeholders affected by the past three fee
rules, adjusting USCIS fees for inflation as measured by the CPI-U may insure future revenues
against the gradual erosion of real fee revenue dollars in the event that future rulemakings are
slowed by intensive, careful consideration of complex competing interests and impacts.
Consistent with the FPG, this approach may also base fees on the constant-dollar value to
consumers, generally, rather than more opaque estimates of Government costs or the salaries of
Federal employees. Finally, using the CPI-U as our inflation index for all fees is consistent with
various statutes that have provided that USCIS will use the CPI to adjust certain fees. See, e.g.,
Public Law 106–553, App. B, tit. I, sec. 112, 114 Stat. 2762, 2762A–68 (Dec. 21, 2000)
(premium processing fee adjustment); 48 U.S.C. 1806(a)(6)(A)(ii) (Authority to adjust the CNMI
316 See, Consumer Price Index, at https://www.bls.gov/news.release/cpi.toc.htm (last viewed July 27, 2022).
education fee for inflation), and; 8 U.S.C. 1356(u)(3)(C) (adjustment of premium processing fees
on a biennial basis).
The impacts of such an adjustment would be analyzed in a future rule should DHS decide
to use this proposed authority. In such a case, the inflation adjusted fees may be higher or lower
than proposed here. For example and as a point of comparison only, if DHS adjusted the Form
N-400 and biometric services fee by inflation as of March 22, 2022, then the inflation-adjusted
fees would be at least $865, $140 more than the current fees for Form N-400 of $725 ($640 +
$85), and $105 more than the proposed N-400 fee of $760, but less than the fee set in the 2020
fee rule of $1,170.317 Other inflation adjusted fees, such as those for Forms I-129 or I-485, would
likely be less than the fees proposed in this rule. Future inflation-based fee increases would not
include policy changes. They would only adjust fees. It is unlikely that DHS would pursue an
inflation-based fee adjustment until FY 2025 or at least one year after DHS finalizes the fees it
proposes in this rule.
U. Miscellaneous Technical and Procedural Changes

DHS proposes several technical or procedural changes. This rule proposes to move the
fee regulations for USCIS to a separate part of chapter I of title 8 of the CFR. It moves them
from 8 CFR part 103 to 8 CFR part 106 to reduce the length and density of part 103 as well as to
make it easier to locate specific fee provisions. In addition to the renumbering and redesignating
of paragraphs, this proposed rule has reorganized and reworded some sections to improve
readability. However, as noted earlier in this preamble, DHS is proposing to adopt the changes
made by the 2020 fee rule as proposed for revision or republication in this rule.
317Current fees became effective on Dec. 23, 2016. See 81 FR 73292. The current fees for Form N-400 ($640) and
biometric services ($85) total $725 for most applicants. The consumer price index for all urban consumers (CPI-U)
was 241.432 in Dec. 2016 and 289.109 in Mar. 2022. The change in the index between these two periods was 47.68
or 19.75 percent. See U.S. Department of Labor, Bureau of Labor Statistics, All Urban Consumers (CPI-U) tables,
available at https://data.bls.gov/timeseries/CUUR0000SA0. The inflation adjusted amounts using this example
would be as follows: N-400: $640 multiplied by 1.1975, which is approximately $766.38; biometric services fee:
$85 multiplied by 1.1975, which is approximately $101.79. DHS rounds fees to the nearest $5. Rounded to the
nearest $5, the inflation adjusted fees would be $765 and $100, totaling $865. The proposed fee for Form N-400
(including the cost of biometric services) is $760, which is $35 or 5 percent more than the total current fees of $725
for Form N-400 and biometric services.
DHS also proposes to republish the amended title of 8 CFR part 103 to make it more
descriptive of its contents. See proposed republished 8 CFR part 103. The title of part 103 before
October 2, 2020, was “Immigration Benefits; Biometric Requirements; Availability of Records.”
Part 103 contains several significant requirements for filing requests, forms, and documents with
USCIS, especially in 8 CFR 103.2, which should be made clearer to the users of that part.
Therefore, DHS proposes to revise the title of the part to include a reference to filing
requirements. The proposed title is “Part 103―Immigration Benefit Requests; USCIS Filing
Requirements; Biometric Requirements; Availability of Records.”
In addition, DHS is proposing and republishing a severability provision in new 8 CFR
part 106. As stated repeatedly in this preamble, the fees DHS is proposing in this rule are
essential to USCIS being able to fund its operations without further deterioration of its services.
While all of the proposed fees and other changes in this rule are needed to ensure adequate
resources, partially achieving the objectives of this rule is preferable to achieving none of them.
DHS believes that some of the provisions of each new part can function sensibly independent of
other provisions. As explained in this preamble, ABC and the full cost recovery fee model that
DHS uses to calculate the fees in this rule results in most of the fees being dependent on policy
decisions that affect the level of other fees. For example, when DHS shifts the cost of benefit
request fees due to policy considerations, exempts requests from fees, or if fees are capped by
law, most other fees must/then increase to compensate to recover full cost. On the other hand,
certain fees, like the Asylum Program Fee and genealogy fees, could be removed entirely
without affecting all other fees generally, although they would reduce USCIS projected revenue
or carryover balances. For example, absent the Asylum Program Fee or appropriations, USCIS
may continue to implement the Asylum Processing IFR, perhaps at a reduced level. Such a
funding decision may be similar to when USCIS anticipated appropriations to fund RAIO,
SAVE, and the Office of Citizenship when it finalized fees in the FY 2010/2011 fee rule. See 75
FR 58961, 58966. When appropriations resources did not fully materialize, USCIS used other fee
revenue to support these programs in the time between the FY 2010/2011 fee rule and the FY
2016/2017 fee rule. See 81 FR 26910-26912. If Congress provides full or partial appropriations
to fund the Asylum Processing IFR, then DHS may be able to remove or reduce the proposed
$600 Asylum Program Fee in a final rule. If a court ruling were to enjoin the Asylum Processing
IFR or the Asylum Program Fee, then other USCIS operations could continue to benefit from the
increased revenue from other proposed fees while halting or reducing implementation of the
Asylum Processing IFR. Therefore, to protect the goals for which this rule is being proposed
DHS is codifying our intent that the provisions be severable so that, if necessary, the regulations
can continue to function should a provision be stricken. See proposed republished 8 CFR 106.6.
IX. Proposed Fee Adjustments to IEFA Immigrant Benefits
At current fee levels, projected USCIS costs for FY 2022 and FY 2023 exceed projected
revenue by an average of $1,262.3 million each year. See Table 6, IEFA Non-Premium Cost and
Revenue Comparison. Therefore, DHS proposes to adjust the fee schedule to recover the full cost
of processing immigration benefit requests and to continue to maintain or improve current
service delivery standards.
After resource costs are identified, the ABC model distributes them to USCIS’ primary
processing activities. Table 27 outlines total IEFA costs by activity. See the supporting
documentation in the docket of this rulemaking for more information on the ABC model,
activities, and results described in this section. While not an activity, the table lists the Asylum
Processing IFR as a separate row to be transparent.
Table 27: Projected IEFA Costs by Activity (Dollars in Millions)

FY 2022/2023
Activity FY 2022 FY 2023
Average
Certify Nonexistence $1.3 $1.4 $1.4
Conduct TECS Check $129.6 $133.2 $131.4
Direct Costs $117.0 $116.7 $116.8
Fraud Detection and Prevention $328.6 $342.1 $335.4
Inform the Public $315.9 $323.6 $319.8
Intake $126.5 $128.4 $127.5
Issue Document $47.2 $46.4 $46.8
Table 27: Projected IEFA Costs by Activity (Dollars in Millions)
FY 2022/2023
Activity FY 2022 FY 2023
Average
Make Determination $1,852.4 $1,901.1 $1,876.8
Management and Oversight $1,256.7 $1,275.8 $1,266.3
Perform Biometrics Services Subtotal $190.4 $193.5 $191.9
Manage Biometric Services $45.9 $46.9 $46.4
Collect Biometric Data $38.1 $39.2 $38.7
Check Fingerprints $39.3 $39.9 $39.6
Check Name $67.0 $67.4 $67.2
Records Management $255.0 $260.5 $257.8
Research Genealogy $1.9 $1.9 $1.9
Systematic Alien Verification for $50.6 $51.7 $51.1
Entitlements
Subtotal before Asylum Processing $4,673.3 $4,776.4 $4,724.8
IFR
Asylum Processing IFR $438.2 $413.6 $425.9
Total with Asylum Processing IFR $5,111.5 $5,190.0 $5,150.7
Next, the ABC model distributes activity costs to immigration benefit requests. Each
total cost result is based on the resources, activities, and various drivers which contribute to the
estimated cost of its completion. The ABC model estimates total cost before calculating unit
costs. For total cost by activity as unit costs, see Appendix VIII of the supporting documentation
included in this docket. Table 28 summarizes total cost estimates by immigration benefit request
based on the ABC model results. As explained earlier in the preamble, the ABC model excludes
costs for TPS and DACA. The table includes benefit requests without fees. This table includes
USCIS costs in the 2-year average for FY 2022/2023. It also includes CBP costs; as such, the
total in Table 28 is higher than in Table 27. See Table 25 in section VIII.Q. for CBP total costs
separately.
Table 28: Projected FY 2022/2023 Average Annual Total Cost per Immigration Benefit
with Proposed Fees (Dollars in Millions)
Immigration Benefit Request Total Cost
I-90 Application to Replace Permanent Resident Card Subtotal $213.56

I-90 Application to Replace Permanent Resident Card - Online $131.23
I-90 Application to Replace Permanent Resident Card - Paper $82.33

I-102 Application for Replacement/Initial Nonimmigrant Arrival-Departure $2.31
Document
I-129 Petition for a Nonimmigrant Worker Subtotal $355.89
H-1 Classification $247.11
H-2A - Named Beneficiaries $3.22
H-2B - Named Beneficiaries $1.96
L Classification $43.24
O Classification $21.17
I-129CW, E, H-3, TN, P, Q, or R Classifications $30.59
H-2A - Unnamed Beneficiaries $6.89
H-2B - Unnamed Beneficiaries $1.71
I-129F Petition for Alien Fiancé(e) $22.01
I-130 Petition for Alien Relative Subtotal $500.49
I-130 Petition for Alien Relative - Online $112.4
I-130 Petition for Alien Relative - Paper $388.09
I-131 Application for Travel Document $117.37
I-131 Refugee Travel Document $9.58
I-131A Application for Carrier Documentation $2.70
I-140 Immigrant Petition for Alien Worker $73.87
I-191 Application for Relief Under Former Section 212(c) of the Immigration and $0.08
I-192 Application for Advance Permission to Enter as Nonimmigrant $23.14
I-193 Application for Waiver of Passport and/or Visa $19.48
I-212 Application for Permission to Reapply for Admission into the U.S. After $7.46
I-290B Notice of Appeal or Motion $47.76
I-360 Petition for Amerasian, Widow(er), or Special Immigrant $36.1
I-407 Abandonment of Lawful Permanent Resident Status $0.03
I-485 Application to Register Permanent Residence or Adjust Status $648.53

I-526/I-526E Immigrant Petition by Standalone/Regional Center Investor $32.06
I-539 Application to Extend/Change Nonimmigrant Status Subtotal $197.43
I-539 Application to Extend/Change Nonimmigrant Status - Online $71.58
I-539 Application to Extend/Change Nonimmigrant Status - Paper $125.85
I-589 Application for Asylum and for Withholding of Removal $275.94
I-590 Registration for Classification as Refugee $205.38
I-600/600A; I-800/800A Intercountry Adoption-Related Petitions and $3.54
Applications
I-600A/I-600 Supplement 3 Request for Action on Approved Form I-600A/I-600 $0.03
I-601 Application for Waiver of Grounds of Inadmissibility $14.33
I-601A Provisional Unlawful Presence Waiver $32.4
I-602 Application By Refugee For Waiver of Grounds of Inadmissibility $0.07
I-604 Determination on Child for Adoption $0.36
I-612 Application for Waiver of the Foreign Residence Requirement (Under $3.19
Section 212(e) of the INA, as Amended)
I-687 Application for Status as a Temporary Resident $0.00
I-690 Application for Waiver of Grounds of Inadmissibility $0.02
I-694 Notice of Appeal of Decision $0.00
I-698 Application to Adjust Status from Temporary to Permanent Resident $0.02
(Under Section 245A of the INA)
I-730 Refugee/Asylee Relative Position (and Travel Eligibility) $17.83
I-751 Petition to Remove Conditions on Residence $114.73
I-765 Application for Employment Authorization Subtotal $517.71
I-765 Application for Employment Authorization - Online $16.72
I-765 Application for Employment Authorization - Paper $501.
I-800A Supplement 3 Request for Action on Approved Form I-800A $0.67
I-817 Application for Family Unity Benefits $0.33
I-824 Application for Action on an Approved Application or Petition $5.11
I-829 Petition by Investor to Remove Conditions on Permanent Resident Status $22.79

I-881 Application for Suspension of Deportation or Special Rule Cancellation of $0.87
Removal
I-910 Application for Civil Surgeon Designation $0.51
I-914 T Nonimmigrant Status $3.16
I-918 U Nonimmigrant Status $53.82
I-929 Petition for Qualifying Family Member of a U-1 Nonimmigrant $0.67
I-956 Application For Regional Center Designation $2.18
I-956G Regional Center Annual Statement $2.4
N-300 Application to File Declaration of Intention $0.01
N-336 Request for a Hearing on a Decision in Naturalization Proceedings $7.89
Subtotal
N-336 Request for Hearing on a Decision in Naturalization Proceedings - $2.58
Online
N-336 Request for Hearing on a Decision in Naturalization Proceedings - Paper $5.32
N-400 Application for Naturalization Subtotal $732.98
N-400 Application for Naturalization - Online $381.16
N-400 Application for Naturalization - Paper $351.82
N-470 Application to Preserve Residence for Naturalization Purposes $0.21
N-565 Application for Replacement Naturalization/Citizenship Document $8.07
Subtotal
N-565 Application for Replacement Naturalization/Citizenship Document - $4.87
Online
N-565 Application for Replacement Naturalization/Citizenship Document - $3.20
Paper
N-600 Application for Certificate of Citizenship Subtotal $23.64
N-600 Application for Certificate of Citizenship - Online $7.33
N-600 Application for Certificate of Citizenship - Paper $16.31
N-600K Application for Citizenship and Issuance of Certificate Under Section $3.03
322 Subtotal
N-600K Application for Citizenship and Issuance of Certificate - Online $1.24

N-600K Application for Citizenship and Issuance of Certificate - Paper $1.79
USCIS Immigrant Fee $93.75
H-1B Registration Process $43.25
Request for Certificate of Non-Existence $1.35
G-1041 Genealogy Index Search Request Subtotal $1.10
G-1041 Genealogy Index Search Request - Online $1.03
G-1041 Genealogy Index Search Request - Paper $0.07
G-1041A Genealogy Records Request Subtotal $0.79
G-1041A Genealogy Records Request - Online $0.74
G-1041A Genealogy Records Request - Paper $0.05
Automatic Certificate of Citizenship $1.39
Credible Fear $157.16
DNA Collection $0.48
Overseas Verifications $0.46
Reasonable Fear $31.96
SAVE reimbursable workload $51.13
Subtotal $4,746.58
Asylum Program Fee $425.90
Total $5,172.48
Table 29 depicts the current and proposed USCIS fees for immigration benefit requests
and biometric services. Current USCIS fees are available to the public as part of the current
Form G-1055, Fee Schedule, available at https://www.uscis.gov/g-1055; individual web pages
for each form are available from https://www.uscis.gov/forms/all-forms; and the USCIS Fee
Calculator is available at https://www.uscis.gov/feecalculator. In addition, the proposed fees are
available in the draft version of Form G-1055 as part of the docket for this rulemaking. For a
more detailed description of the basis for the changes described in this table, see Appendix Table
3 in the supporting documentation accompanying this proposed rule. See Table 1 in the
Executive Summary of this preamble for a comparison of current and proposed fees that includes
additional contributing factors, like the proposal to remove the separate biometric services fee in
most cases. Table 1 may more accurately reflect how the proposed fees affect users.
Table 29: Proposed Fees by Immigration Benefit

Current Proposed Percent
Immigration Benefit Request Delta ($)
Fee Fee Change
I-90 Permanent Resident Card - $455 $455 $0 0%
Online
I-90 Permanent Resident Card - $455 $465 $10 2%
Paper
Application for
Replacement/Initial
I-102 $445 $680 $235 53%
Nonimmigrant Arrival-
Departure Document
Petition for a Nonimmigrant
I-129 $460 $780 $320 70%
Worker: H-1 Classifications
H-2A - Named
I-129 $460 $1,090 $630 137%
Beneficiaries
I-129 H-2B - Named Beneficiaries $460 $1,080 $620 135%
Petition for L
I-129 $460 $1,385 $925 201%
Nonimmigrant Worker
Petition for O
I-129 $460 $1,055 $595 129%
Nonimmigrant Worker
Nonimmigrant Transitional
Worker; Application for
I-129CW, Nonimmigrant Worker: E
$460 $1,015 $555 121%
and I-129 and TN Classifications; and
Petition for Nonimmigrant
Worker: H-3, P, Q, or R
Classification.
H-2A - Unnamed
I-129 $460 $530 $70 15%
Beneficiaries
H-2B - Unnamed
I-129 $460 $580 $120 26%
Beneficiaries
I-129F Petition for Alien Fiancé(e) $535 $720 $185 35%
I-130 $535 $710 $175 33%
Online
I-130 $535 $820 $285 53%
Paper
Fee Fee Change
Application for Travel
I-131 $575 $630 $55 10%
Document
Refugee Travel Document
I-131 for an individual age 16 or $135 $165 $30 22%
older
Refugee Travel Document
I-131 for a child under the age of $105 $135 $30 29%
16
Application for Carrier
I-131A $575 $575 $0 0%
Documentation
Immigrant Petition for Alien
I-140 $700 $715 $15 2%
Worker
Application for Relief
Under Former Section
I-191 $930 $930 $0 0%
212(c) of the Immigration
and Nationality Act (INA)
$585/
I-192 Permission to Enter as $1,100 $515/$170 88%/18%
$930318
Nonimmigrant
I-193 $585 $695 $110 19%
Passport and/or Visa
Application for Permission
to Reapply for Admission
I-212 $930 $1,395 $465 50%
into the U.S. After
I-290B Notice of Appeal or Motion $675 $800 $125 19%
Petition for Amerasian
I-360 Widow(er) or Special $435 $515 $80 18%
Immigrant
$1,140/
I-485 Permanent Residence or $1,540 $400/$790 35%/105%
$750319
Adjust Status
I-526/I- Immigrant Petition by
$3,675 $11,160 $7,485 204%
526E Standalone/Regional Center
Application to
Extend/Change
I-539 $370 $525 $155 42%
Nonimmigrant Status -
Online
The current fee for Form I-192 is $585 when filed with and processed by CBP. When filed with USCIS, the fee is
318
$930. See 8 CFR 103.7(b)(1)(i)(P) (Oct. 1, 2020).

319The $750 fee applies to “an applicant under the age of 14 years when [the application] is: (i) Submitted
concurrently with the Form I-485 of a parent; (ii) The applicant is seeking to adjust status as a derivative of his or
her parent; and (iii) The child’s application is based on a relationship to the same individual who is the basis for the
child’s parent’s adjustment of status, or under the same legal authority as the parent.” See 8 CFR
103.7(b)(1)(i)(U)(2) (Oct. 1, 2020).
Fee Fee Change
Application to
Extend/Change
I-539 $370 $620 $250 68%
Nonimmigrant Status -
Paper
Petition to Classify Orphan
as an Immediate
I-600/
Relative/Application for $775 $920 $145 19%
600A
Advance Processing of an
Orphan Petition
Request for Action on
I-600A/I-
Approved Form I-600A/I- N/A $455 $70 18%
600 Supp. 3
600
I-601 $930 $1,050 $120 13%
I-601A $630 $1,105 $475 75%
Unlawful Presence Waiver
the Foreign Residence
I-612 Requirement (Under $930 $1,100 $170 18%
Section 212(e) of the INA,
as Amended)
Temporary Resident under
I-687 Section 245A of the $1,130 $1,240 $110 10%
Immigration and Nationality
Act
I-690 $715 $985 $270 38%
Notice of Appeal of
I-694 $890 $1,155 $265 30%
Decision
Application to Adjust Status
From Temporary to
I-698 $1,670 $1,670 $0 0%
Permanent Resident (Under
Petition to Remove
I-751 $595 $1,195 $600 101%
Conditions on Residence
Application for
I-765 Employment Authorization $410 $555 $145 35%
- Online
Application for
I-765 Employment Authorization $410 $650 $240 59%
- Paper
Fee Fee Change
Petition to Classify
Convention Adoptee as an
Immediate
I-800/
Relative/Application for $775 $920 $145 19%
800A
Determination of Suitability
to Adopt a Child from a
Convention Country
I-800A Request for Action on
$385 $455 $70 18%
Supp. 3 Approved Form I-800A
Application for Family
I-817 $600 $875 $275 46%
Unity Benefits
Application for Action on
I-824 an Approved Application or $465 $675 $210 45%
Petition
Petition by Investor to
I-829 Remove Conditions on $3,750 $9,525 $5,775 154%
Application for Suspension
of Deportation or Special $285/
I-881 $340 $55/-$230 19%/-40%
Rule Cancellation of 570320
Removal
Application for Civil
I-910 $785 $1,230 $445 57%
Surgeon Designation
Petition for Qualifying
I-929 Family Member of a U-1 $230 $270 $40 17%
Nonimmigrant
Application for
I-941 $1,200 $1,200 $0 0%
Entrepreneur Parole
Application for Regional
I-956 $17,795 $47,695 $29,900 168%
Center Designation
Regional Center Annual
I-956G $3,035 $4,470 $1,435 47%
Statement
Application to File
N-300 $270 $320 $50 19%
Request for a Hearing on a
N-336 Decision in Naturalization $700 $830 $130 19%
Proceedings - Online
N-336 Decision in Naturalization $700 $830 $130 19%
Proceedings - Paper
Application for
N-400 $640 $760 $120 19%
Naturalization - Online
Application for
N-400 $640 $760 $120 19%
Naturalization - Paper
Currently there are two USCIS fees for Form I-881: $285 for individuals and $570 for families. See 8 CFR
320
103.7(b)(1)(i)(QQ)(1) (Oct. 1, 2020). EOIR has a separate $165 fee. DHS proposes no changes to the EOIR fee.
Fee Fee Change
Application for
N-400 Naturalization - Reduced $320 $380 $60 19%
Fee
Application to Preserve
N-470 Residence for $355 $420 $65 18%
Naturalization Purposes
Application for
Replacement
N-565 $555 $555 $0 0%
Document - Online
Application for
Replacement
N-565 $555 $555 $0 0%
Document - Paper
Application for Certificate
N-600 $1,170 $1,385 $215 18%
of Citizenship - Online
Application for Certificate
N-600 $1,170 $1,385 $215 18%
of Citizenship - Paper
Application for Citizenship
N-600K and Issuance of Certificate $1,170 $1,385 $215 18%
Under Section 322 - Online
Application for Citizenship
N-600K and Issuance of Certificate $1,170 $1,385 $215 18%
Under Section 322 - Paper
USCIS Immigrant Fee $220 $235 $15 7%
H-1B
Registration H-1B Registration Process
$10 $215 $205 2050%
Tool Fee
(OMB-64)
Request for Certificate of
G-1566 $0 $330 $330 N/A
Non-Existence
Genealogy Index Search
G-1041 $65 $100 $35 54%
Request - Online
Genealogy Index Search
G-1041 $65 $120 $55 85%
Request - Paper
Genealogy Records Request
G-1041A $65 $240 $175 269%
- Online
Genealogy Records Request
G-1041A $65 $260 $195 300%
- Paper
Biometric Services $85 $30 -$55 -65%
Asylum Program Fee N/A $600 N/A N/A
A. Impact of Fees
For some immigration benefits and services, fees are increasing substantially. DHS
recognizes that this may be challenging for some customers and stakeholders, especially those
that may be taking actions or making decisions with the expectation that USCIS fees remain
unchanged or increase more modestly. DHS acknowledges that applicants and petitioners may
face additional difficulties in paying the fees, and may be required to request a fee waiver, save
money longer to afford the fees, or resort to credit cards or borrowing to pursue their or their
family members’ immigration benefit. DHS has weighed these impacts and interests and
considered alternatives to the proposals in this rule as described in this preamble. DHS examined
each fee in this proposed rule and adjusted the fees computed by the fee model where appropriate
and as discussed herein. It is DHS's view that the fees proposed represent the best balance of
access, affordability, and benefits to the public interest while providing USCIS with the funding
necessary to maintain adequate services.
DHS notes that the success of this rulemaking in funding USCIS services depends on the
fee-paying request filing volume meeting or exceeding the projections used in the fee model as
described in section V.B.1.b of this preamble and the supporting documents. Many commenters
on the FY 2020 Fee Rule stated that DHS was increasing USCIS fees to deter demand for
immigration benefits and to discourage immigration in general. As stated earlier with regard to
E.O. 14012, DHS is committed to encouraging access to immigration benefits. DHS appreciates
the concerns of these earlier commenters, and sincerely hopes that this rulemaking does not
discourage or impede individuals from obtaining the benefits for which they are eligible. This is
true not only as a policy matter but as a practical necessity. If a USCIS fee rule were to cause a
significant reduction in the demand for USCIS services in its administration of the legal
immigration system, it would not meet DHS objectives and would cause USCIS serious fiscal
problems. A large reduction in the number of immigration benefit filings on USCIS caused by
the COVID-19 pandemic had enormous detrimental effects on the fiscal health of USCIS. Thus,
taking any actions that could result in fewer requests being filed would be self-defeating to the
purposes of a rule that adjusts USCIS fees.321
DHS also acknowledges that USCIS fees and fee policies affect the operations of
organizations that assist applicants and petitioners with the preparation and submission of USCIS
benefit requests. Assistance organizations generally do not pay the fees that would be
established by this rule (unless they independently apply to hire a foreign national employee),
and aside from those organizations to which USCIS provides citizenship and integration grants,
DHS has no role in regulating the functions of such groups. Nonetheless, this rule could
indirectly affect the population and mix of the people who will want to avail themselves of the
services of such organizations; thus, these groups may choose to obtain additional funding or
alter their programs. As discussed earlier in this proposed rule, absent a fee increase, USCIS
anticipates having insufficient resources to process its projected workload. Providing USCIS
with the funding necessary to maintain adequate services would benefit our customers and
stakeholders with more timely processing. After considering the impacts on the affected groups
and the objectives of this proposed rule, DHS has decided to move forward with this rulemaking
despite such groups choosing to adjust their business model to the proposed fees and policies.322
B. USCIS Fiscal Health

As a fee-funded agency, USCIS was directly and adversely affected by the global
pandemic.323 This contrasts with congressionally appropriated agencies, whose budgets are not
directly impacted by fluctuations in fee revenue. To address its deteriorating fiscal situation
321 DHS has considered, but not identified any direct impacts on any state government because it is not projected to
increase or decrease the number of immigrants who enter or leave the United States, or result in a shift of
immigrants between or among the states. To the extent that states, cities, counties or municipal governments (or
organizations that they maintain) serve as advocacy organizations or submit immigration benefit requests to USCIS,
the impacts on those groups are addressed in the relevant sections of this rule or the supporting documentation in the
docket.
322 See section X.B.1 of this preamble for a discussion of the impacts of this rule on small entities.
323See U.S. Citizenship and Immigr. Servs., U.S. Dep’t of Homeland Security, Deputy Director for Policy Statement
on USCIS’ Fiscal Outlook, Available at https://www.uscis.gov/news/news-releases/deputy-director-for-policy-
statement-on-uscis-fiscal-outlook (last viewed Jun 25, 2020).
when the pandemic compelled a temporary closure of USCIS offices and led to a plunge in filing
and fee receipts, USCIS tightened its budget while continuing mission critical operations. USCIS
froze hiring and terminated contracts. See section V.A.2. of this preamble. When USCIS does
not have the resources that it needs to meet its goals, processing times increase and the case
processing backlog grows. Congress authorized an immediate increase in certain premium
processing fees and gave USCIS wider authority to spend the premium processing revenue. See
section III.D. of this preamble. More recently, USCIS received appropriations from Congress for
processing workloads stemming from the agency backlog, refugee admissions, and Operation
Allies Welcome. See section III.A. of this preamble. USCIS may continue to seek appropriations
to supplement fee-funded operations. If USCIS is certain to receive appropriations to fund the
FY 2023 refugee program at the time of the final rule, then USCIS may reduce the estimated
budget requirements funded by IEFA fees accordingly. USCIS will still face resource challenges
just in keeping pace with incoming receipts if its fees do not recover full costs.
C. Planned Increases in Efficiency

USCIS is pursuing efficiencies that will streamline the adjudication of immigration
benefits along with increasing adjudication capacity without adding additional costs. It is
important to note that these efficiencies are not included in this fee rule; however, they will be
reflected in future fee rules. USCIS expects that future customers will be able to see the benefits
in more quickly adjudicated cases. DHS plans to address the challenge of the large volume of
pending cases and the associated growth in processing times by focusing the efforts of the
USCIS workforce to process pending cases and by using policy and operational improvements to
reduce both the number of pending cases and overall processing times.
The USCIS Stabilization Act requires a five-year plan to 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, and 4)
improve processing times for all immigration and naturalization benefit requests. See USCIS
Stabilization Act, sec. 4103, Pub. L. 116-159 (Oct. 1, 2020). USCIS provided an implementation
plan to Congress and has begun moving from a primarily paper-based adjudication and
correspondence to an electronic-based process.324 Throughout the implementation of the plan,
USCIS expects that efficiencies through the use of electronic processing will improve future
processing times. Since this is a five-year plan, the results of improving processing times may
not be immediately evident as there are many interconnected processes associated with
adjudicating immigration applications and petitions. As such, USCIS is not forecasting any
financial efficiencies in this rule.325
There are multiple factors that contribute to calculating the number of staff needed to
adjudicate projected receipt volume. One such factor is the utilization rate, the amount of time
throughout a fiscal year that an officer spends doing core adjudicative work. Further, USCIS has
broken down utilization rates to “manageable” and “un-manageable” time; un-manageable time
includes weekends, Federal holidays, sick and annual leave, while manageable time includes
meetings, reporting, training, and other non-adjudicative work an officer is required to complete.
Since FY 2015, USCIS has seen utilization rates decrease to below 60 percent. Beginning in FY
2022, USCIS has set a target utilization rate of 60 percent. While this certainly provides for more
adjudications without the need for additional staff, it is not factored into this rule because of a
nearly year-long hiring freeze at USCIS, which ended in April of 2021. USCIS is working to
staff back up. Given the efforts within USCIS to staff up for current vacancies, it is imprudent to
account for efficiencies that USCIS may not realize, because a goal of this rule is to achieve full
See USCIS, “Section 4103 Plan Pursuant to the Emergency Stopgap USCIS Stabilization Act: Fiscal Year 2021
324
Report to Congress” (Sep. 7, 2021), https://www.uscis.gov/sites/default/files/document/reports/SIGNED-Section-

4103-FY2021-Report-9-7-21.pdf (last reviewed Jan. 19, 2022).
325If USCIS is able to clearly identify reductions in the costs of USCIS to be recovered under this rule between the
proposed and final rule, DHS may consider those cost reductions to either reduce the proposed fees, or certain fees
based on policy considerations, in the final rule.
cost recovery. However, USCIS expects to achieve a 60 percent utilization rate as it reduces
vacancies by hiring and training the new staff.
While the volume of immigration benefit requests that USCIS receives has increased
substantially in recent years, DHS recognizes that USCIS fees have increased at a higher rate
than have the annual number of workload receipts that USCIS receives. In the short run, absent
funding from other sources such as Congressional appropriations, USCIS must obtain the fees
that will result from this proposed rule to maintain an acceptable level of service. In the longer
term, USCIS is implementing several measures that are intended to assist in increasing efficiency
and reducing costs.
USCIS has examined our processes and begun making changes to improve efficiency and
allow officers to devote more time to work that requires their expertise and provides the greatest
value to the public. For example, USCIS has taken the following actions:
 Made interviews more efficient and effective by ensuring we are interviewing cases only
where an interview will add appreciative value to the adjudication, and relying on officer
judgment to decide when an interview is necessary to determine eligibility and
admissibility and should not be waived.
 Eliminated the need for individuals who have applied for a change of status (COS) to F-1
student to apply to change or extend their nonimmigrant status while their initial F-1 COS
application is pending.326
 Suspended the biometrics submission requirement for certain applicants filing Form I-
539, Application To Extend/Change Nonimmigrant Status, requesting an extension of
stay in or change of status to H-4, L-2, and E nonimmigrant status.327
326U.S. Citizenship and Immigr. Servs., U.S. Dep’t of Homeland Security, Applicants for Change of Status to F-1
Student No Longer Need to Submit Subsequent Applications to ‘Bridge the Gap’,
https://www.uscis.gov/news/alerts/applicants-for-change-of-status-to-f-1-student-no-longer-need-to-submit-
subsequent-applications-to (last viewed Dec 1, 2021).
327U.S. Citizenship and Immigr. Servs., U.S. Dep’t of Homeland Security, USCIS Temporarily Suspends
Biometrics Requirement for Certain Form I-539 Applicants, https://www.uscis.gov/news/alerts/uscis-temporarily-
suspends-biometrics-requirement-for-certain-form-i-539-applicants (last viewed Dec 1, 2021).
 Allowed fingerprint and photograph reuse while ASC services and/or operations were at
reduced capacity as a result of the COVID-19 pandemic and when there was no need for
an in-person identity verification at an ASC.328
 Extended the time that receipt notices can be used to show evidence of status from 18
months to 24 months for petitioners who properly file Form I-751, Petition to Remove
Conditions on Residence, or Form I-829, Petition by Investor to Remove Conditions on
Permanent Resident Status.329
 Returned to adjudicating asylum workload on a last-in-first-out basis.330
In addition, USCIS has transitioned non-adjudicative work from adjudicators to other
staff, has centralized the delivery of information services through the policies and processes in
place to allow USCIS Contact Center, and is leveraging electronic processing and automation.
Applicants, petitioners, and requestors also can track the status of their immigration benefit
requests online by using their receipt number or by creating an online account at
https://uscis.gov/casestatus. Applicants may make an “outside normal processing time” case
inquiry for any benefit request pending longer than the time listed for the high end of the range
by submitting a service request online at https://egov.uscis.gov/e-request/ or calling the USCIS
Contact Center at 1-800-375-5283.
USCIS expects to improve the user experience as it continues to transition to online filing
and electronic processing of immigration applications and petitions. With a new person-centric
electronic case processing environment, USCIS will possess the data necessary to provide near-
328U.S. Citizenship and Immigr. Servs., U.S. Dep’t of Homeland Security, USCIS to Continue Processing
Applications for Employment Authorization Extension Requests Despite Application Support Center Closures,
https://www.uscis.gov/news/alerts/uscis-to-continue-processing-applications-for-employment-authorization-
extension-requests-despite (last viewed Dec 1, 2021).
329U.S. Citizenship and Immigr. Servs., U.S. Dep’t of Homeland Security, USCIS Extends Evidence of Status for
Conditional Permanent Residents to 24 Months with Pending Form I-751 or Form I-829,
https://www.uscis.gov/newsroom/alerts/uscis-extends-evidence-of-status-for-conditional-permanent-residents-to-24-
months-with-pending-form (last viewed Dec 1, 2021).
330USCIS, USCIS to Take Action to Address Asylum Backlog, available at https://www.uscis.gov/news/news-
releases/uscis-take-action-address-asylum-backlog (last updated Feb. 2, 2018). See section III.B of this preamble
for a discussion of the FY 2022 appropriation for backlog reduction.
real-time processing updates on the status of a case and the time that has elapsed between actions
for each individual case. This provides greater transparency to the public on how long it will take
to process each case effective as it moves from stage to stage (for example, biometrics
submission, interview, decision). In addition, USCIS has adjusted how it calculates and posts
processing time information to improve the timeliness of such postings, and to achieve greater
transparency. USCIS will continue to provide processing times in an accurate and transparent
fashion.
Finally, as discussed in section V.A.2.b., DHS proposes to fund with IEFA non-premium
funds 1,127 staff positions currently supported by premium processing funds. Realigning the cost
of these staff to non-premium funds will free up an equivalent amount of premium processing
funding for use by USCIS as it pursues additional investments in its online filing and electronic
processing capabilities. Furthermore, these premium processing funds also may fund additional
staff for backlog reduction efforts, which may result in reduced backlog sizes and decreased
processing times.
X. Statutory and Regulatory Requirements
A. Executive Order 12866 (Regulatory Planning and Review) and Executive Order 13563
(Improving Regulation and Regulatory Review)
Executive Order (E.O.) 12866 and E.O. 13563 direct agencies to assess the costs and
benefits of available alternatives and, if regulation is necessary, to select regulatory approaches
that maximize net benefits (including potential economic, environmental, and public health and
safety effects, distributive impacts, and equity). E.O. 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. The Office of Information and Regulatory Affairs (OIRA), within the Office of
Management and Budget (OMB), has designated this proposed rule a significant regulatory
action that is economically significant under section 3(f)(1) of E.O. 12866. Accordingly, OIRA
has reviewed this regulation.

The fee adjustments, as well as changes to the forms and fee structures used by USCIS,
would result in net costs, benefits, and transfer payments. For the 10-year period of analysis of
the rule (FY 2023 through FY 2032), DHS estimates the annualized net costs to the public would
be $532,379,138 discounted at 3- and 7-percent. Estimated total net costs over 10 years would be
$4,541,302,033 discounted at 3-percent and $3,739,208,286 discounted at 7-percent.
The proposed changes in this rule would also provide several benefits to DHS and
applicants/petitioners seeking immigration benefits. For the Government, the primary benefits
include reduced administrative burdens and fee processing errors, increased efficiency in the
adjudicative process, and the ability to better assess the cost of providing services, which allows
for better aligned fees in future regulations. The primary benefits to the applicants/petitioners
include simplification of the fee payment process for some forms, elimination of the $30
returned check fee, USCIS’ expansion of the electronic filing system to include more forms, and
for many applicants, limited fee increases and additional fee exemptions to reduce fee burdens.
Fee increases and other changes in this proposed rule would result in annualized transfer
payments from applicants/petitioners to USCIS of approximately $1,612,133,742 discounted at
both 3-percent and 7-percent. The total 10-year transfer payments from applicants/petitioners to
USCIS of approximately $13,751,827,819 at a 3-percent discount rate and $11,322,952,792 at a
Fee reductions and exemptions in this proposed rule would result in annualized transfer
payments from USCIS to applicants/petitioners of approximately $116,372,429 discounted at
both 3-percent and 7-percent. The total 10-year transfer payments from USCIS to
applicants/petitioners would be $992,680,424 at a 3-percent discount rate and $817,351,244 at a
The annualized transfer payments from the Department of Defense (DoD) to USCIS
would be approximately $222,145 at 3- and 7-percent discount rates. The total 10-year transfer
payments from DoD to USCIS would be $1,894,942 at a 3-percent discount rate and $1,560,254
at a 7-percent discount rate. These costs, transfers, and cost savings (qualitative benefits) are
briefly described below in Table 30, and in more detail in a separate Regulatory Impact Analysis.
Table 30. Summary of Proposed Provisions and Other Fee Adjustments - Costs, Cost Savings, Transfer
Payments and Benefits
Description of Estimated Annual Costs Estimated Annual Cost

Proposed Rule Provisions
Change and Transfer Payments Savings and Benefits
1. Dishonored Check Re-  DHS proposes that if Quantitative: Quantitative:

presentment a check or other Applicants- Applicants –
Requirement, Fee financial instrument
Payment Method, and  Transfer payments from  None.
used to pay a fee is
Non-refundability applicants/petitioners to
returned as
USCIS of approximately
unpayable because Qualitative:
$546,286 (annual
of insufficient funds,
average amount USCIS Applicants –
USCIS will resubmit
refunds to
the payment to the  None.
applicant’s/petitioner’s)
remitter institution
due to non-refundable
one time.
fees. DHS/USCIS –
 If the remitter  Clarifying dishonored
institution returns Qualitative: Applicants – fee check re-
the instrument used presentment non-
 None.
to pay a fee as refundability policies,
unpayable, USCIS limiting the age of
will re-deposit the DHS/USCIS – checks to be presented
financial instrument and limiting payment
if it is returned for  None.
options would reduce
insufficient funds. If administrative burdens
it is returned a and fee processing
second time, USCIS errors for USCIS.
will reject the filing.
Checks returned for
another reason will  USCIS will be able to
not be re-deposited invoice the responsible
and such filings will party (applicant,
be rejected petitioner, or
immediately. requestor) and pursue
collection of the
 In addition, DHS unpaid fees when
may reject a request banks that issue credit
that is accompanied cards rescind payment.
by a check that is
dated more than 365  USCIS will lose fewer
days before the credit card disputes.
receipt date.
 DHS is also
proposing to codify
its authority to limit
payment options so
that it may require
that certain fees
must be paid using a
specific payment
method.
 DHS is also
proposing to clarify
that fees are non-
refundable
regardless of the
result of the request
or how much time
the request requires
to be adjudicated.
 DHS proposes to
provide that fees
paid to USCIS using
a credit card cannot
be disputed.
2. Eliminate $30 Returned  USCIS is proposing Quantitative: Quantitative:

Check Fee to eliminate the $30 Applicants- Applicants –
charge for
 None.  DHS estimates the
dishonored
annual cost savings to
payments.
applicants/petitioners
Qualitative: Applicants –
would be $356,370.
 None.
Qualitative:
DHS/USCIS –
Applicants –
 There may be an
 The current $30 charge
increase in insufficient
and the potential of
payments by applicants
having a benefit
because the $30 fee may
request rejected
serve as a deterrent for
encourages applicants
submitting a deficient
to provide the correct
payment.
filing fees when
submitting an
application or petition.
 Applicants who submit
bad checks will no
longer have to pay a
fee.
DHS/USCIS –
 This proposed change

will provide additional
cost savings to USCIS
as it spends more than
$30 to collect the $30
returned payment
charges. USCIS hires a
financial service
provider to provide fee
collection services to
pursue and collect the
$30 fee.
3. Changes to Biometric  For nearly all Quantitative: Quantitative:

Services Fee benefit types, DHS Applicants- Applicants –
proposes to
 As a result of the $55  None.
incorporate the
reduction in the
biometric services
biometric services fee,
cost into the Qualitative:
TPS, and Executive
underlying
Office for Immigration Applicants –
immigration benefit
Review (EOIR) an
request fees for  Incorporating the
agency within the
which biometric biometric services fee
Department of Justice,
services are into the underlying
applicants will
applicable. benefit request filing
experience a total of
$9,447,570 in reduced fee would benefit
fees annually. This applicants by
 DHS proposes to
represents transfer simplifying the
retain a separate
payments from USCIS payment process.
biometric services
fee of $30 for initial to the fee payers as
applications and re- USCIS would now incur  This measure may also
registrations for the indirect costs of reduce the probability
Temporary providing the biometric of applicants
Protected Status services. submitting incorrect
(TPS). fees and consequently
have their benefit
Qualitative: Applicants – requests rejected for
failure to include a
 None.
separate biometric
services fee.
DHS/USCIS –
DHS/USCIS –
 Eliminating the separate
payment of the  Eliminating the
biometric services fee separate payment of
would decrease the the biometric services
administrative burdens fee would decrease the
required to process both administrative burdens
a filing fee and required to process
biometric services fee both a filing fee and
for a single benefit biometric services fee
request. for a single benefit
request.
4. Naturalization and  DHS proposes to Quantitative: Qualitative:
Citizenship Related limit the increase of Applicants-
Forms Applicants-
the fee to $760 for
Form N-400,  Increase in fees to the
Application for following naturalization
Naturalization, to and citizenship related  Limited fee increase
partially recover the forms: Forms N-300, N- allows more residents,
full cost of 336, N-400, N-470, N- especially those with
adjudicating the 600 and N-600K. This financial and income
Form N-400 while would result in transfer constraints to seek
still promoting payments from the fee- citizenship.
naturalization and paying applicants to
integration. USCIS of $46,991,905
annually.
 DHS is also
proposing to keep
the reduced fee
option of $380 for Qualitative:
naturalization
Applicants –
applicants with
family incomes not  None
exceeding 200-
percent of the DHS/USCIS –
Federal poverty
guidelines (FPG).  Transfer payments from
DoD to USCIS of
$222,145 annually for
 DHS is keeping the
N-400 (military only)
existing statutory fee
reimbursements.
exemptions for
military members
and veterans who  The proposal to expand
file a Form N-400, eligibility to request
Application for reduced fees would
Naturalization and benefit qualified
Form N-600, applicants. DHS
Application for estimates that the fee
Certificate of decrease would result in
Citizenship, under transfer payments from
the military USCIS to Form I-942
naturalization approved applicants of
provisions. $103,225 per year.
 Expanding the
population of applicants
using Form I-942 would
increase the
administrative burden on
the agency to process
these forms.
5. Fees for Filing Online  In recognition of the Quantitative: Quantitative:
lower marginal Petitioners-
Petitioners -
costs to USCIS from
Online filing of Forms
online filling, DHS  Transfer payments of
intends to lower fees I-90, I-130, I-539 and
$52,954,120 annually I-765 would provide
for online filing of
from Forms I-90, I-130, estimated annual cost
immigration benefit
I-539 and I-765 online savings of $29,974,655
requests for which
filers to USCIS. to applicants. The
both paper and
online filing options societal cost savings
are available. The DHS/USCIS- would come about if
forms include: more people opted to
 None.
apply online as a result
 Form I-90, of the fee differential
Application to Qualitative: between online and
Replace Permanent paper that is
Resident Card Petitioners – introduced in this
 None. proposed rule.
 Form I-130, Petition
for Alien Relative Qualitative:
DHS/USCIS – Petitioners-
 Form I-539,
Application to  None.  Encourages electronic
Extend/Change processing and
Nonimmigrant adjudications which
Status helps streamline
USCIS processes. This
 Form I-765, could reduce costs and
Application for could speed
Employment adjudication of cases.
Authorization
 Form N-336, DHS/USCIS –

Request for a
Hearing on a  USCIS will save in
Decision in reduced intake and
Naturalization storage costs at the
Proceedings (Under USCIS lockbox or
Section 336 of the other intake facilities.
INA)
 Form N-400,  Decrease the risk of

Application for mishandled, misplaced,
Naturalization damaged files or lost
paper files because
 Form N-565, electronic records
Application for would not be
Replacement physically moved
Naturalization/Citiz around to different
enship Document adjudication offices.
 Form N-600,
 Increased access to
Application for
administrative records.
Certificate of
USCIS could easily
Citizenship
redistribute electronic
files among
 Form N-600K, adjudications offices
Application for located in different
Citizenship and regions, for better
Issuance of management of
Certificate Under workload activities.
Section 322
 Form G-1041,
Genealogy Index
Search Request
 Form G-1041A,
Genealogy Records
Request
6. Form I-485, Application  DHS is proposing Quantitative: Quantitative:

to Register Permanent separate filing fees Applicants- Applicants-
Residence or Adjust for applicants filing  This increase in the  Not estimated.
Status Form I-765, Form I-485 fee would
Application for result in approximately
Employment $22,860,810 in transfer Qualitative:
Authorization, and payments annually from Applicants –
Form I-131, applicants filing I-485  None.
Application for (only) to USCIS.
Travel
Documentation DHS/USCIS –
concurrently with  DHS believes that
 DHS estimates that
Form I-485, unbundling the fee for
requiring separate filing
Application to Form I-485 from
fees for applicants filing
Register Permanent Forms I-131 and I-765
I-765 and I-131 interim
Residence or Adjust would reduce the
benefits with Form I-
Status or after burden of
485 would result in
USCIS accepts their administering separate
transfer payments from
Form I-485 and fees and better reflect
applicants to USCIS of
while it is still the cost of
$597,439,512 annually.
pending. adjudication.
 DHS estimates transfer

 DHS is proposing payments from
that all applicants, applicants to USCIS of
including children $19,339,200 annually
under the age of 14 for children under the
years concurrently age of 14 years
filing Form I-485 concurrently filing Form
with a parent, pay I-485 with a parent.
the full fee.
 None.
DHS/USCIS –
 None.
7. Form I-131A,  DHS proposes to Quantitative: Quantitative:
Application for Travel separate the fee for Applicants- Applicants-
Document (Carrier Form I-131A,  None.  None.
Documentation) Application for
Changes Carrier
Documentation, Qualitative: Qualitative:
from other travel Applicants – Applicants –
document fees.  None.  None.
DHS/USCIS -
 None. DHS/USCIS –
 Allows USCIS to
assess the cost of
providing services for
this immigration
benefit and propose
better aligned fees in
future fee reviews
8. Separate Fees for Form  DHS proposes to Quantitative: Quantitative:

I-129, Petition for a charge different fees Applicants – Applicants –
Nonimmigrant Worker, for Form I-129,  The annual increase in  None.
by Nonimmigrant Petitioner for a transfer payments from
Classification and Limit Nonimmigrant Form I-129 visa
DHS/USCIS –
Petitions Where Worker based on the classification petitions to
 None.
Multiple Beneficiaries nonimmigrant USCIS is expected to be
are Permitted to 25 classification being $273,101,915.
Named Beneficiaries per requested in the
Petition petition, the number Qualitative:
of beneficiaries on Applicants –
 The total costs of the
the petition and in  None.
Asylum Program fee to
some cases, petitioners would be
according to approximately DHS/USCIS –
whether the petition $574,884,600 annually.  A benefit of the
includes named or different fees for the
unnamed Form I-129
beneficiaries. classifications is that it
DHS/USCIS –
 Not estimated. would allow USCIS to
further refine its fee
 DHS also proposes model and better
to limit to 25 the reflect the cost to
Qualitative: Applicants – adjudicate each
number of named  None.
beneficiaries that specific nonimmigrant
may be included on classification.
a single petition for
DHS/USCIS –  Limiting the number of
H-2A, H-2B, O, H-
 None. named beneficiaries to
3, P, Q and R
25 per petition
workers.
simplifies and
optimizes the
 DHS is also adjudication of these
proposing a new petitions, which can
Asylum Program lead to reduced
fee of $600 to be average processing
paid by employers times for a petition.
who file either a
Form I-129, Petition
for a Nonimmigrant
Worker, or Form I-
140, Immigrant
Petition for Alien
Worker.
9. Adjustments to  DHS is proposing to Quantitative: Qualitative:

Premium Processing change the premium Applicants – Applicants –
processing  None.  The additional days
timeframe from 15 would increase the
calendar days to 15 time frame to
business days for adjudicate which in
the immigration turn might reduce the
benefit request types refunds issued by
with a premium USCIS and thereby
processing service. DHS/USCIS – increase the
 None. applications
adjudicated
Qualitative: Applicants – DHS/USCIS –

 None.  The additional days
would increase the
time frame to
DHS/USCIS – adjudicate which in
 None. turn might reduce the
refunds issued by
USCIS.
 USCIS would have

additional time to
process petitions
which would allow
USCIS to avoid
suspending premium
processing service as
often as has recently
been required when
premium processing
request volumes are
high.
 This change would

enable USCIS to make
premium processing
more consistently
available and expand
this service to the
newly designated
classifications and
categories allowed by
the USCIS
Stabilization Act.
Quantitative:
 Currently, DHS Applicants – Qualitative:
mandates separate  None. Applicants and
payments to request DHS/USCIS --
premium processing  DHS has found in its
services. Instead of application of the new
DHS/USCIS –
mandating the premium processing
 None.
separate payments, regulations (87 FR
DHS proposes that 18260) that mandating
USCIS may require a separate payment in
premium processing Qualitative: all premium
Applicants – processing
service fees be paid
 None. submissions may
in a separate
remittance from DHS/USCIS – impose unnecessary
other filing fees.  None. burdens on petitioners,
applicants, and DHS.
Hence, not mandating
 DHS is also a separate payment in
proposing to permit all premium
combined payments processing
of the premium submissions reduces
processing service unnecessary burdens
fee with the on petitioners,
remittance of other applicants, and DHS.
filing fees.
10. Intercountry Adoptions  DHS proposes to Quantitative: Quantitative:

clarify and align Applicants- Applicants –
regulations with  DHS estimates that the  None.
current practice filing fee and the time to
regarding when complete and submit
prospective adoptive Form I-600A/I-600 Qualitative:
parents are not Supplement 3 would Applicants –
required to pay the cost $ 215,590 annually.  Limiting the fee
Form I-600 or Form increase helps to
I-800 filing fee for reduce the fee burdens
multiple Form I-600  The increase to the on adoptive families
or Form I-800 current fees for the by covering some of
petitions. existing adoption-related the costs attributable to
forms would result in the adjudication of
transfer payments from certain adoption-
 DHS is altering the applicants to USCIS of related petitions and
validity period for a approximately $ applications.
Form I-600A 246,060 annually.
approval in an
orphan case from 18  The uniform 15-month
to 15 months to Qualitative: Applicants – validity period will
remove  None. also alleviate the
inconsistencies burden on prospective
between Form I- adoptive parents and
600A approval DHS/USCIS- adoption service
periods and validity  None. providers to monitor
of the Federal multiple expiration
Bureau of dates.
Investigation (FBI)
background check.
 These proposed
changes also clarify
 DHS is also the process for
proposing to create applicants who would
a new form called like to request an
Form I-600A/I-600 extension of Form I-
Supplement 3, 600A/I-600 and/or
Request for Action certain types of
on Approved Form updates or changes to
I-600A/I-600. their approval.
 Accepting the Form I-

800A Supplement 3
extension requests will
make subsequent
suitability and
eligibility adjudication
process faster, for
prospective adoptive
parents seeking an
extension of their
Form I-800A approval.
DHS/USCIS –
 Standardizes USCIS
process and provides
for the ability to
collect a fee.
 Improve and align the

USCIS adjudication
and approval processes
for adoptions of
children from
countries that are party
to the Hague Adoption
Convention and from
countries that are not.
11. Immigrant Investors  DHS proposes to Quantitative: Quantitative:

increase fees across Applicants- Applicants-
the forms including  Annual transfer  None.
Forms payments from EB-5
I-526/I-526E,331 I- investors and regional
829, I-956 (formerly centers to USCIS would Qualitative:
I-924), I-956G be approximately Applicants –
(formerly I-924A) $61,841,070 for Form I-  None.
and I-956F 526/526E, $18,751,425
associated with the for I-829, $5,681,000 for
EB-5 program. I-956, and $1,173,830 DHS/USCIS –
for I-956G.  None.
Qualitative:
Applicants –
 None.
DHS/USCIS –
 None.
12. Changes to Genealogy  DHS proposes to Quantitative: Quantitative:

Search and Records revise genealogy Applicants- Applicants-
Requests regulations to  Annual transfer  None.
encourage payments from fee
requestors to use the paying applicants of
online portal to Forms G-1041, G- Qualitative:
331 Combines both Forms I-526, Immigrant Petition by Standalone Investor and I-526E, Immigrant Petition by
submit electronic 1041A and G-1566 to Applicants –
Regional Center Investor. USCIS revised Form I-526 and created Form
USCIS ofI-526E as a result of the EB-5 Reform and
$1,198,890.
Integrity Act of 2022.
versions of Form G-  Streamlining the
1041. genealogy search and
Qualitative:
records request process
Applicants –
 DHS also proposes increases accuracy due
 None.
to change the index to reduced human error
search request from manual data
process so that DHS/USCIS – entry.
USCIS may provide  None.
requesters with
DHS/USCIS –
digital records via
 Reduce costs for
email in response to
mailing, records
the initial search
processing, and storage
request.
costs because
electronic versions of
 DHS intends to
records requests will
lower the proposed
reduce the
fees for the online
administrative burden
filing of Forms G-
on USCIS.
1041 and G-1041A
to reflect the lower
marginal costs to  Streamlining the
USCIS from online genealogy search and
filing. records request process
increases accuracy.
 DHS is proposing to
charge a fee for
requests for a
Certificate of Non-
Existence.
13. Fees Shared by CBP  DHS proposes to Quantitative: Quantitative:
and USCIS adjust fees for the Applicants- Applicants-
following  Annual transfer  None.
immigration benefit payments of
requests it $12,705,970 from fee
adjudicates with payers to USCIS. Qualitative:
U.S. Customs and Applicants –
Border Protection  A single fee for each
(CBP): Qualitative: shared form would
Form I-192, Applicants – reduce confusion for
Application for  None. individuals interacting
Advance Permission with CBP and USCIS.
to Enter as a
Nonimmigrant DHS/USCIS –
Form I-193,  None. DHS/USCIS –
Application for  None.
Waiver of Passport
and/or Visa
Form I-212,
Application for
Permission to
Reapply for
Admission into the
U.S. after
Deportation or
Removal
Form I-824,
Application for
Action on an
Approved Application
or Petition.
14. Form I-881, Application  DHS is combining Quantitative: Quantitative:

for Suspension of the current multiple Applicants- Applicants-
Deportation or Special fees charged for an  Transfer payments of  None.
Rule Cancellation of individual or family $1,529 annually from I-
Removal (Pursuant to into a single fee for 881 individual filers to
Section 203 of Public each filing of Form USCIS. Qualitative:
Law 105-100 I-881, Application Applicants –
[NACARA]) for Suspension of  None.
Deportation or  $184 annually in
Special Rule transfer payments from
Cancellation of DHS/USCIS –
USCIS to I-881 family
Removal (Pursuant  Combining the two
applicants since this fee
to Section 203 of Immigration
is less than the cost to
Public Law 105- Examinations Fee
adjudicate the
100, the Nicaraguan Account (IEFA) fees
application
Adjustment and into a single fee will
Central American streamline the revenue
Relief Act collections and
Qualitative: reporting.
[NACARA]).
Applicants –
 None.
 A Single Form I-881
DHS/USCIS – fee may help reduce
 None. the administrative and
adjudication process
for USCIS more
efficient.
15. Fee Waivers  DHS proposes that Quantitative: Quantitative:

fee waiver requests Applicants – Applicants –
must be submitted  None.  None.
only on the form
prescribed by
DHS/USCIS – DHS/USCIS –
USCIS, which is the
 None.  None.
Request for Fee
Waiver (Form I-
912). Qualitative:
Applicants –
 None.
 None.
DHS/USCIS –
 More simplified and
DHS/USCIS – streamlined system to
 None. process fee waivers.
16. Fee Exemptions  DHS is proposing to Quantitative: Quantitative:

provide fee Applicants- Applicants-
exemptions for  Transfer payment of  Average of
additional benefit approximately $12,390,027 in cost
requests filed by the $106,821,450 annually savings to the public
following from USCIS to the for no longer having to
humanitarian-based public. complete and submit
Form I-912.
immigration Qualitative:
beneficiaries:332 Applicants –
 None.
 Victims of Severe
Qualitative:
Form of Trafficking
Applicants -
(T Nonimmigrants)
DHS/USCIS –  Individuals who are
 Victims of
 DHS expects a decrease unable to afford
Qualifying Criminal
in administrative burden immigration benefit
Activity (U
associated with the request fees would
Nonimmigrants)
processing of the Form benefit from filing a
 VAWA Form I-360 I-912 (fee waiver) for request with no fees.
Self-Petitioners and categories of requestors
Derivatives that would no longer
 Conditional DHS/USCIS –
require a fee waiver
Permanent  None.
because they will be fee
Residents Filing a exempt
Waiver of the Joint
Filing Requirement
Based on Battery or
Extreme Cruelty
 Abused Spouses and
Children Adjusting
Status under CAA
and HRIFA
Children Seeking
Benefits under
NACARA
Children of LPRs or
U.S. Citizens under
INA Section
240A(b)(2)
 Special Immigrant
Afghan or Iraqi
Translators or
Interpreters, Iraqi
Nationals Employed
by or on Behalf of
the U.S.
Government, or
Afghan Nationals
Employed by or on
Behalf of the U.S.
Government or
Employed by the
ISAF (SI1 and SI2)
 Special Immigrant
Juveniles (SIJs)
 Temporary
Protected Status
(TPS)
 Asylees
 Refugees
 Person
332 These fee exemptions do not impact Who Served
eligibility for any particular form or when an individual may file the form.
Honorably on
They are in addition to the forms listed under proposed 8 CFR 106.2 for which DHS proposes to codify that there is
no fee. Active Duty in The
U.S. Armed Forces
Filing Under INA
Section
101(A)(27)(K)
17. Additional Fee DHS proposes to Quantitative: Quantitative:

Adjustments increase fees for the Applicants- Applicants-
following forms:  Transfer payment from  None.
fee payers to USCIS of
 I-90 (paper) approximately Qualitative:
 I-102 $674,215,570 annually. Applicants –
 I-130 (paper)  None.
 I-131 Qualitative:
 I-140 Applicants –
DHS/USCIS –
 I-601  None.
 None.
 I-612
 I-290B
 I-360
 I-539 (paper)
 I-601A
 I-687/I-690/I-694
 I-751
 I-765 (paper)
 I-817
 I-910
 I-929
18. Adjusting USCIS Fees  DHS proposes to Quantitative: Qualitative: Applicants

for Inflation use the CPI-U as Applicants-
the inflation index  None.  None.
for fee
adjustments
between Qualitative: Qualitative:
comprehensive Applicants – DHS/USCIS –
fee rules. The  None.
actual impacts of  Allows DHS to publish
such adjustments timely fee schedule
DHS/USCIS –
would be adjustments to insure
 None.
analyzed in a the real value of
future rule should USCIS fee revenue
DHS exercise this dollars against future
proposed
inflation.
authority.
Source: USCIS analysis.
Note: The dollar amounts in this table are undiscounted.
DHS has prepared a full analysis according to E.O. 12866 and E.O. 13563, which can be
found in the docket for this rulemaking or by searching for RIN 1615-AC18 on
www.regulations.gov. In addition to the impacts summarized above, Table 31 presents the
accounting statement as required by Circular A-4.333
Table 31: OMB A-4 Accounting Statement ($ in millions, 2021; period of the analysis: FY 2023 through FY
2032)
Category Primary Estimate Minimum Estimate Maximum Source
Estimate Citation
BENEFITS
Annualized
Monetized Benefits
over 10 years N/A N/A N/A
N/A N/A N/A

Annualized Regulatory
quantified, but un- The proposed changes in this rule would provide several benefits to DHS Impact
monetized, benefits and applicants/petitioners seeking immigration benefits. For the Analysis
Unquantified Government, the primary benefits include reduced administrative (RIA)
Benefits burdens and fee processing errors, increased efficiency in the
adjudicative process, and the ability to better assess the cost of providing
services which allows for better aligned fees. Using the CPI-U as the
inflation index for fee schedule adjustments between comprehensive
USCIS fee rules would allow DHS to publish timely fee adjustments that
insure the real value of USCIS fee revenue dollars against future
inflation.
The primary benefits to applicants/petitioners include the simplification

of the fee payment process for some forms, elimination of the $30
returned check fee, expansion of the electronic filing system to include
Form G-1041 and Form G-1041A, reduced re-applications for premium
processing and for many applicants, limited fee increases and additional
fee exemptions to reduce fee burdens.
COSTS
Annualized (3% and 7%) RIA
monetized costs over
10 years $532
Annualized
quantified, but un- N/A
monetized, costs
Qualitative Eliminating the separate payment of the biometric services fee would
(unquantified) costs decrease the administrative burdens required to process both a filing fee and
biometric services fee for a single benefit request.
DHS also expects a decrease in administrative burden associated with the

processing of the Form I-912 (fee waiver) for categories of requestors that
would no longer require a fee waiver because they will be fee exempt.
Expanding the population of applicants using Form I-942 (reduced fee

request) would increase the administrative burden on the agency to process
these forms.
TRANSFERS
Annualized (3% and 7%)

monetized transfers: RIA
From the applicants/ $1,612
333 OMB Circular A-4 is available at https://www.whitehouse.gov/wp-
petitioners to USCIS
content/uploads/legacy_drupal_files/omb/circulars/A4/a-4.pdf (last viewed on September 22, 2022).
Annualized RIA
(3% and 7%)
monetized transfers:
From USCIS to $116
applicants/petitioners
Annualized (3% and 7%) RIA

monetized transfers:
From DoD to USCIS $0.22
Miscellaneous Effects
Analyses/Category
Effects on state,
local, and/or tribal
governments None Preamble
DHS does not believe that the increase in fees proposed in this rule would Initial
have a significant economic impact on a substantial number of small Regulatory
entities that file I-140, I-910, or I-360. Flexibility
Effects on small Analysis (IRFA)
DHS does not have sufficient data on the revenue collected through and Small
businesses administrative fees by regional centers to definitively determine the Entity Analysis
economic impact on small entities that may file Form I-956 (formerly I- (SEA)
924) or Form I-956G (formerly I-924A).
DHS also does not have sufficient data on the requestors that file
genealogy forms, Forms G-1041 and G-1041A, to determine whether such
filings were made by entities or individuals and thus is unable to
determine if the fee increase for genealogy searches is likely to have a
significant economic impact on a substantial number of small entities.
Effects on wages None None
Effects on Growth None None
B. Regulatory Flexibility Act

The Regulatory Flexibility Act of 1980 (RFA), as amended by the Small Business
Regulatory Enforcement Fairness Act of 1996, requires Federal agencies to consider the
potential impact of regulations on small businesses, small governmental jurisdictions, and small
organizations during the development of their rules. The term “small entities” comprises small
businesses, not-for-profit organizations that are independently owned and operated and are not
dominant in their fields, and governmental jurisdictions with populations of less than 50,000.
DHS nonetheless welcomes comments regarding potential impacts on small entities, which DHS
may consider as appropriate in a final rule.
In addition, the courts have held that the RFA requires an agency to perform an initial
regulatory flexibility analysis (IRFA) of small entity impacts only when a rule directly regulates
small entities. Below is a summary of the Small Entity Analysis (SEA). The complete detailed
SEA334 is available in the rulemaking docket at https://www.regulations.gov.
Individuals, rather than small entities, submit the majority of immigration and
naturalization benefit applications and petitions, but this proposed rule would affect entities that
file and pay fees for certain immigration benefit requests. Consequently, there are six categories
of USCIS benefits that are subject to a small entity analysis for this proposed rule: Petition for a
Nonimmigrant Worker, Form I-129; Immigrant Petition for an Alien Worker, Form I-140; Civil
Surgeon Designation, Form I-910; Petition for Amerasian, Widow(er), or Special Immigrant,
Form I-360; Genealogy Forms G-1041 and G-1041A, Index Search and Records Requests; and
the Application for Regional Center Designation Under the Immigrant Investor Program, Form I-
956, and the Regional Center Annual Statement, Form I-956GA.
DHS does not believe that the increase in fees proposed in this rule would have a
significant economic impact on a substantial number of small entities that file I-140, I-910, or I-
360. DHS does not have sufficient data on the revenue collected through administrative fees by
regional centers to definitively determine the economic impact on small entities that may file
Form I-956 or Form I-956G.
334 DHS, USCIS Small Entity Analysis (SEA) for the USCIS Fee Schedule Proposed Rule dated May 24, 2022
DHS also does not have sufficient data on the requestors that file genealogy forms, Forms
G-1041 and G-1041A, to determine whether such filings were made by entities or individuals
and, thus, is unable to determine if the fee increase for genealogy searches is likely to have a
significant economic impact on a substantial number of small entities.
DHS is publishing this IRFA to aid the public in commenting on the small entity impact
of its proposed adjustment to the USCIS fee schedule. In particular, DHS requests information
and data that would help to further assess the impact of the fee changes on the genealogy forms
or the regional center forms on small entities.
1. Initial Regulatory Flexibility Analysis (IRFA)
a. A description of the reasons why the action by the agency is being considered.
DHS proposes to adjust fees USCIS charges for certain immigration and naturalization
benefits. DHS has determined that current fees would not recover the full costs of services
provided. Adjustment to the fee schedule is necessary to recover costs and maintain adequate
service.
b. A succinct statement of the objectives of, and legal basis for, the proposed rule
DHS’s objectives and legal authority for this proposed rule are discussed in the preamble.
c. description and, where feasible, an estimate of the number of small entities to which the
proposed rule would apply.
As noted above, below is a summary of the Small Entity Analysis (SEA). The complete
detailed SEA is available in the rulemaking docket at https://www.regulations.gov. The SEA has
a full analysis of all samples for each small entity form described below, in the Initial Regulatory
Flexibility Act Analysis.

Entities affected by this proposed rule are those that file and pay fees for certain
immigration benefit applications and petitions on behalf of a foreign national. These applications
include Form I-129, Petition for a Nonimmigrant Worker; Form I-140, Immigrant Petition for an
Alien Worker; Form I-910, Civil Surgeon Designation; Form I-360, Petition for Amerasian,
Widow(er), or Special Immigrant; Genealogy Forms G-1041 and G-1041A, Index Search and
Records Requests; Form I-956 (formerly Form I-924), Application for Regional Center
Designation Under the EB-5 Regional Pilot Program, and Form I-956G (formerly Form I-924A),
Regional Center Annual Statement. Annual numeric estimates of the small entities impacted by
this fee increase total (in parentheses): Form I-129 (75,269 entities), Form I-140 (17,417
entities), Form I-910 (382 entities), and Form I-360 (465 entities).335 DHS was not able to
determine the numbers of regional centers or genealogy requestors that would be considered
small entities and; therefore, does not provide numeric estimates for Form I-956, Form I-956G,
or Forms G-1041 and G-1041A.336
This rule applies to small entities, including businesses, non-profit organizations, and
governmental jurisdictions filing for the above benefits. Forms I-129 and I-140 would see a
number of industry clusters impacted by this rule (see Appendix A of the Small Entity Analysis
(SEA) for a list of impacted industry codes for Forms I-129, I-140, I-910, and I-360). The fee for
civil surgeon designation would apply to physicians requesting such designation. The fee for
Amerasian, widow(er), or special immigrants would apply to any entity petitioning on behalf of a
religious worker. Finally, DHS is creating these new forms as stated above, as part of the EB-5
Reform and Integrity Act of 2022. Since Form I-956/I-956G will be new forms and historical
data does not exist; therefore, DHS will use historical data of the previous Form I-924,
335Calculation: 86,715 Form I–129 * 86.8 percent = 75,269 small entities; 25,279 Form I–140 * 68.9 percent =
17,417 small entities; 428 Form I–910 * 89.3 percent = 382 small entities; 489 Form I–360 * 95.0 percent = 465
small entities.
336Small entity estimates are calculated by multiplying the population (total annual receipts for the USCIS form) by
the percentage of small entities, which are presented in subsequent sections of this analysis.
Application for Regional Center Designation Under the Immigrant Investor Program and Form I-
924A, Annual Certification of Regional Center as a proxy for the analysis. The Form I-956 would
impact any entity seeking designation as a regional center under the Immigrant Investor Program
or filing an amendment to an approved regional center application. Captured in the dataset for
Form I-956 is also Form I-956G, which regional centers must file annually to establish continued
eligibility for regional center designation for each fiscal year.
DHS does not have sufficient data on the requestors for the genealogy forms, Forms G-
1041 and G-1041A, to determine if entities or individuals submitted these requests. DHS has
previously determined that requests for historical records are usually made by individuals.337 If
professional genealogists and researchers submitted such requests in the past, they did not
identify themselves as commercial requestors and thus could not be segregated in the data.
Genealogists typically advise clients on how to submit their own requests. For those who submit
requests on behalf of clients, DHS does not know the extent to which they can pass along the fee
increases to their individual clients. DHS assumes genealogists have access to a computer and
the Internet. DHS is unable to estimate the online number of index searches and records
requests; however, some will receive a reduced fee and cost savings, by filing online. Therefore,
DHS does not currently have sufficient data to definitively assess the estimate of small entities
for these requests.
1. Petition for a Nonimmigrant Worker, Form I-129
Funding the Asylum Program with Employer Form I-129 by Visa Classification Petition Fees
In this proposed rule, DHS proposes a new Asylum Program Fee of $600 be paid by any
employers who file either a Form I-129, Petition for a Nonimmigrant Worker, or Form I-140,
Immigrant Petition for Alien Worker. Proposed 8 CFR 106.2(c)(13). DHS has determined that
the Asylum Program Fee is an effective way to shift some costs to requests that are generally
337 See Establishment of a Genealogy Program, 73 FR 28026 (May 15, 2008).

submitted by petitioners who have more ability to pay, as opposed to shifting those costs to all
other fee payers applications/petitioners. DHS determined the Asylum Program Fee by
calculating the amount that would need to be added to the fees for Form I-129 and Form I-140 to
collect the Asylum Processing IFR estimated annual costs.338 The Asylum Program Fee may be
used to fund part of the costs of administering the entire asylum program and would be due in
addition to the fee those petitioners would pay under USCIS’ standard costing and fee collection
methodologies for their Form I-129 and Form I-140 benefit requests.
DHS is not separating Form I-129 into multiple forms in this proposed rule as it did in the
2020 fee rule, but it is taking that action separately as a revision of the currently approved Form
I-129 information collection under the Paperwork Reduction Act. In this proposed rule, DHS
proposes different fees for Form I-129 based on the nonimmigrant classification being requested
in the petition, the number of beneficiaries on the petition, and, in some cases, according to
whether the petition includes named or unnamed beneficiaries. The proposed fees are calculated
to better reflect the costs associated with processing the benefit requests for the various
categories of nonimmigrant worker. The current base filing fee for Form I-129 is $460. DHS
proposes separate H-2A and H-2B fees for petitions with named workers and unnamed workers.
In Table 32a, as stated above, the Asylum Program Fee of $600 would be included with
each Form 1-129 Petition for a Nonimmigrant Worker classification. It would apply to all fee-
paying receipts for Forms I-129, I-129CW, and I-140. For example, it would apply to all initial
petitions, changes of status, and extensions of stay that use Form I-129.
Table 32a. USCIS Fees for Form I-129 Petition for Nonimmigrant Worker by Classification for FY 2022/2023
338DHS acknowledges that, by using the middle of the range of costs, if actual costs are higher than that, then the
USCIS fee schedule will be set at a level that is less than what will be required to recover all of the costs added by
the Asylum Processing IFR, all other factors remaining the same. Estimated annual costs of the Asylum Processing
IFR (mid-range estimate): FY 2022 total costs of $438.2 million plus FY 2023 total costs of $413.6 million equals
$851.8. Average total costs of FY 2022/2023 equal $425.9 million. That figure represents the estimated costs that
are directly attributable to the implementation of that rule.
Visa Classification Immigration Benefit Current Proposed Total
Asylum
Request Fee Fee Proposed Fee
Program Fee
H-1B $460 $780 $600 $1,380/$1,595339
H-2A – Named Beneficiaries $460 $1,090 $600 $1,690
H-2B – Named Beneficiaries $460 $1,080 $600 $1,680
H-2A – Unnamed Beneficiaries $460 $530 $600 $1,130
H-2B – Unnamed Beneficiaries $460 $580 $600 $1,180
O-1/O-2 $460 $1.055 $600 $1,655
L-1A/L-1B/LZ Blanket $460 $1,385 $600 $1,985
CW, H-3, E, TN, Q, P, and R $460 $1,015 $600 $1,615
Source: See sections II.C., Summary of Current and Proposed Fees, and V.B.4., Funding the Asylum Program with
Employer Petition Fees of the NPRM, of this preamble.
Note: Employers may apply using Form I-129 also for P-1, P-1S, P-2, P-2S, P-3, P-3S, R1, E-1, E-2, E-3.
For petitioners filing Form I-129, DHS proposes increasing the fee filed for all worker
types. The fee adjustments and percentage increases are summarized, shown in Table 32b. For
petitioners filing Form I-129, DHS proposes increasing the fee filed for all worker types. The fee
adjustments and percentage increases are summarized below. H-1B classification cap-subject
petitions will include a $215 registration fee, an increase of $205 from the original $10 fee. Non-
cap subject petitions (e.g., extension petitions or cap-exempt filer petitions) would not have to
pay the registration fee. This registration fee is added to the fee increase and results in an overall
increase for cap-subject H-1B classification petitions of $920 ($215 + $705).
Table 32b. USCIS Fees for Form I-129 Classifications for FY 2022/2023
Visa Classification Immigration Benefit Current Total Proposed Difference in Fee Percent
Request Fee Fee Increase Change
339USCIS in this SEA used the H-1B, Petition for Nonimmigrant Worker: H-1B Classification fee of $1,595 = The
fee includes the $1,380 proposed fee for H1B Classification + $215 initial mandatory for cap-subject H-1B
Registration Fee (current $10 to proposed $215; $205 dollar increase). This registration fee of $215 is for each
registration, each registration is for a single beneficiary. Registrants or their representative are required to pay the
$215 non-refundable H-1B registration fee for each beneficiary before being eligible to submit a registration for that
beneficiary for the H-1B cap. The fee will not be refunded if the registration is not selected, withdrawn, or
invalidated. H-1B cap-exempt petitions are not subject to registration and are not required to pay the registration fee
of $215; therefore, those petitioners would only pay the $1,3800 proposed fee. See Registration Fee Requirement
for Petitioners Seeking To File H-1B Petitions on Behalf of Cap Subject Aliens, Final Rule (84 FR 60307,
November 8, 2019). Available at https://www.govinfo.gov/content/pkg/FR-2019-11-08/pdf/2019-24292.pdf. See
Regulatory Impact Analysis in the docket on regulations.gov, section (3)(H), Separate Fees, for Form I-129, Petition
for a Nonimmigrant Worker, by Nonimmigrant Classification and Limit Petitions Where Multiple Beneficiaries are
Permitted to 25 Named Beneficiaries per Petition, Tables 22 and 23, for further detail on the cap and non-cap H-1B
petitions.
H-1B $460 $1,380/$1,595340 $920/$1,135 200%/247%
H-2A – Named Beneficiaries $460 $1,690 $1,230 267%
H-2B – Named Beneficiaries $460 $1,680 $1,220 265%
H-2A – Unnamed Beneficiaries $460 $1,130 $670 146%
H-2B – Unnamed Beneficiaries $460 $1,180 $720 157%
O-1/O-2 $460 $1,655 $1,195 260%
L-1A/L-1B/LZ Blanket $460 $1,985 $1,525 332%
CW, H-3, E, TN, Q, P, and R $460 $1,615 $1,155 251%
Source: See sections II.C., Summary of Current and Proposed Fees, and V.B.4., Funding the Asylum Program with
Employer Petition Fees of the NPRM, of this preamble.
To calculate the impact of this increase, DHS estimated the total costs associated with the
proposed fee increase for each entity and divided that amount by the sales revenue of that
entity.341 H-1B classification cap-subject petitions will include a $215 registration fee, an
increase of $205 from the original $10 fee. This registration fee is added to the fee increase and
results in an overall increase for H-1B classification petitions of $920 ($215 + $705). Because
entities can file multiple petitions, the analysis considers the number of petitions submitted by
each entity. Based on the proposed fee increases for Form I-129, this will amount to average
impacts on all 353 small entities with revenue data as summarized in Table 32c.342 DHS
340USCIS in this SEA used the H-1B, Petition for Nonimmigrant Worker: H-1B Classification fee of $1,595 = The
fee includes the $1,380 proposed fee for H-1B Classification + $215 initial mandatory for cap-subject H-1B
Registration Fee (current $10 to proposed $215; $205 dollar increase). This registration fee of $215 is for each
registration, each registration is for a single beneficiary. Registrants or their representative are required to pay the
$215 non-refundable H-1B registration fee for each beneficiary before being eligible to submit a registration for that
beneficiary for the H-1B cap. The fee will not be refunded if the registration is not selected, withdrawn, or
invalidated. H-1B cap-exempt petitions are not subject to registration and are not required to pay the registration fee
of $215; therefore, those petitioners would only pay the $1,380 proposed fee. See Registration Fee Requirement for
Petitioners Seeking To File H-1B Petitions on Behalf of Cap Subject Aliens, Final Rule (84 FR 60307, November 8,
2019). Available at https://www.govinfo.gov/content/pkg/FR-2019-11-08/pdf/2019-24292.pdf. See Regulatory
Impact Analysis in the docket on regulations.gov, section (3)(H), Separate Fees, for Form I-129, Petition for a
Nonimmigrant Worker, by Nonimmigrant Classification and Limit Petitions Where Multiple Beneficiaries are
Permitted to 25 Named Beneficiaries per Petition, Tables 22 and 23, for further detail on the cap and non-cap H-1B
petitions.
341Total Impact to Entity = (Number of Petitions Submitted per Entity x $X Amount of Fee Increase) / Entity
Sales Revenue. DHS used the lower end of the sales revenue range for those entities where ranges were
provided.
Random sample of small entities with revenue data selected to estimate impacts is described in Table 1 of the
342
SEA.
determined that 289 of the 353 entities searched were small entities based on sales revenue data,
which were needed to estimate the economic impact of the proposed rule.343
Table 32c: Form I-129 Classifications Economic Impacts on Small Entities with Revenue Data
Visa Classification Immigration Benefit Request Fee Increase Average Impact Percentage*
H-1B $920/$1,135** 0.66/0.73%

H-2A – Named Beneficiaries $1,230 0.37%
H-2B – Named Beneficiaries $1,220 0.75%
H-2A – Unnamed Beneficiaries $670 0.37%
H-2B – Unnamed Beneficiaries $720 0.75%
L-1A/L-1B/LZ Blanket $1,525 0.42%
O-1/O-2 $1,195 0.57%
CW, H-3, E, TN, Q, P, and R $1,155 0.25%
Source: USCIS calculation.
Note: There is no distinction between named and unnamed beneficiaries. Each average impact percentage
calculation for H-2A—Named Beneficiaries required assuming each H-2A request is for named beneficiaries while
each average impact percentage calculation for H-2A—Unnamed Beneficiaries required assuming that each H-2A
request is for unnamed beneficiaries. The same process applied to H-2B requests.
*These figures are percentages, not proportions.
**$920 includes the fee increase ($705) and the increase in registration fee for H-1B cap-subject petitions ($215).
Using a 12-month period of data on the number of Form I-129 petitions filed from
October 1, 2019, through September 31, 2020, DHS collected internal data for each filing
organization including the name, Employer Identification Number (EIN), city, state, zip code,
and number/type of filings. Each entity may make multiple filings. For instance, there were
receipts for 553,889 Form I-129 petitions, but only 86,715 unique entities that filed those
petitions. Since the filing statistics do not contain information such as the revenue of the
business, DHS used third-party sources of data to collect this information. DHS used a business
provider database—Data Axle—as well as three open-access databases—Manta, Cortera, and
343 Entities that were considered small based on employee count with missing revenue data were excluded.
Guidestar—to help determine an organization’s small entity status and then applied Small
Business Administration (SBA) size standards to the entities under examination.344
The method DHS used to conduct the SEA was based on a representative sample of the
impacted population with respect to each form. To identify a representative sample, DHS used a
standard statistical formula to determine a minimum sample size of 384 entities, which included
using a 95 percent confidence level and a 5 percent confidence interval for a population of
86,715 unique entities filing Form I-129 petitions. Based on previous experience conducting
small entity analyses, DHS expects to find 40 to 50 percent of the filing organizations in the
online subscription and public databases. Accordingly, DHS selected a sample size that was
approximately 69 percent larger than the necessary minimum to allow for non-matches (filing
entities that could not be found in any of the four databases). Therefore, DHS conducted searches
on 650 randomly selected entities from a population of 86,715 unique entities that filed Form I-
129 petitions.
Of the 650 searches for small entities that filed Form I–129 petitions, 439 searches
returned a successful match of a filing entity’s name in one of the databases and 211 searches did
not match a filing entity. Based on previous experience conducting regulatory flexibility
analyses, DHS assumes filing entities not found in the online database are likely to be small
entities. As a result, to prevent underestimating the number of small entities this rule would
affect, DHS conservatively considers all of the non-matched entities as small entities for the
purpose of this analysis. Among the 439 matches for Form I-129, DHS determined 353 to be
small entities based on revenue or employee count and according to their assigned North
American Industry Classification System (NAICS) code. Therefore, DHS was able to classify
564 of 650 entities as small entities that filed Form I-129 petitions, including combined non-
344Office of Advocacy, SBA, Size Standards Table. Available at https://www.sba.gov/document/support--table-size-

standards.
matches (211), matches missing data (0), and small entity matches (353). Using the online
databases mentioned above (Data Axle, Manta, Cortera, and Guidestar), the 0 matches missing
data found in the databases lacked applicable revenue or employee count data.
DHS determined that 564 of 650 (86.8 percent) of the entities filing Form I-129 petitions
were small entities. Furthermore, DHS determined that 353 of the 650 entities searched were
small entities based on sales revenue or employee data, which were needed to estimate the
economic impact of the proposed rule. Since these 353 small entities were a subset of the random
sample of 650 entity searches, they were considered statistically significant in the context of this
research. To calculate the economic impact of this rule, DHS estimated the total costs associated
with the proposed fee increase for each entity and divided that amount by the sales revenue of
that entity.345
Among the 353 matched small entities, 289 small entities had reported revenue data, 90.4
percent experienced an economic impact of less than 1 percent with the exception of 9.6 of the
small entities. Those small entities with greater than 1 percent impact filed multiple petitions and
had a low reported revenue. Therefore, these small entities may file fewer petitions as a result of
this proposed rule. Depending on the immigration benefit request, the average impact on all 289
small entities with revenue data ranges from 0.25 to 0.75 percent as shown above in Table 29c.
In other words, no matter which version of the separated Form I-129 is applicable, the greatest
economic impact proposed by this fee change was 19.04 percent and the smallest was 0.005
percent per entity. The average impact on all 289 small entities with revenue data was 0.57
percent.
Small Entity Classifications
345Total Economic Impact to Entity = (Number of Petitions Submitted per Entity * $X Amount of Fee
Increase)/Entity Sales Revenue. DHS used the lower end of the sales revenue range for those entities where ranges
were provided. Entities in the population without complete or with no EIN information (such as incomplete
employee data or revenue information), were removed before the sample was selected for this analysis.
With an aggregated total of 564 out of a sample size of 650, DHS inferred that a majority,
or 86.8 percent, of the entities filing Form I-129 petitions were small entities. Small entities
filing petitions could be for-profit businesses or not-for-profit entities. To understand the extent
to which not-for-profits were included in the samples selected for each form DHS categorized
entities as for-profit or not-for-profit. The business data provider databases do not distinguish if
entities are for-profit or not-for-profit, so DHS used the assumption that entities with NAICS
codes 712 (Museums, Historical Sites, and Similar Institutions), 813 (Religious, Grantmaking,
Civic, Professional, and Similar Organizations), and 6241 (Family Social Services) were not-for-
profit. The NAICS code 611 (Educational Services) may have for-profit entities. Most of the
sample consisted of small businesses when looked at by type of small entity. There are no small
governmental jurisdictions in the sample and 38 small not-for-profits.
2. Immigrant Petition for an Alien Worker, Form I-140
Funding the Asylum Program with Form I-140 Petition Fees
As explained in section X.B.1., Petition for a Nonimmigrant Worker, Form I-129 Funding the
Asylum Program with Employer Form I-129 by Visa Classification Petition Fees, DHS proposes
a new Asylum Program Fee of $600 to be paid by any Form I-140, Immigrant Petition for Alien
Worker. This Asylum Program Fee adds a fee for Form I-140 petitioners of $600 while
maintaining the fees other immigration benefit requestors that this rule proposes lower than
would be proposed if the costs were spread among all other fee payers. For example, by charging
the Asylum Program Fee to I-140 petitioners as well as the I-129 petitioners, it helps recover the
cost of the Asylum Program work while minimizing fee increases on forms that do not recover
full cost (Forms N-400, I-600, I-800, etc.), or without adding a fee to forms that currently have
none (Forms I-589, I-590, I-914, I-918, etc.). If Forms I-129 and I-140 recover more of those
costs, then that means other forms need not recover as much. This results in lower proposed fees
for certain forms, and others that recover more than full cost in this proposal. It would apply to
all fee-paying receipts for Form I-140 and Form I-129.

DHS proposes to increase the fee to file Immigrant Petition for an Alien Worker, Form I-
140, from $700 to $715, an increase of $15 (2 percent). The total proposed fee would include the
$600 Asylum Program Fee for a total of $1,315, an overall increase of $615 (88 percent) per
petition. Using a 12-month period of data on the number of Form I–140 petitions filed from
October 1, 2019, through September 31, 2020, DHS collected internal data similar to that of
Form I-129. The total number of Form I-140 petitions was 129,531, with 25,279 unique entities
that filed petitions. DHS used the same databases previously mentioned to search for information
on revenue and employee count.
DHS used the same method as with Form I-129 to conduct the SEA based on a
representative sample of the impacted population. To identify a representative sample, DHS used
a standard statistical formula to determine a minimum sample size of 383 entities, which
included using a 95 percent confidence level and a 5 percent confidence interval on a population
of 25,279 unique entities for Form I-140 petitions. Based on previous experience conducting
small entity analyses, DHS expected to find 40 to 50 percent of the filing organizations in the
online subscription and public databases. Accordingly, DHS selected a sample size that was
approximately 44 percent larger than the necessary minimum to allow for non-matches (filing
entities that could not be found in any of the four databases). Therefore, DHS conducted searches
on 550 randomly selected entities from a population of 25,279 unique entities that filed Form I-
140 petitions.
Of the 550 searches for small entities that filed Form I-140 petitions, 464 searches
successfully matched the name of the filing entity to names in the databases and 86 searches did
not match the name of a filing entity. Based on previous experience conducting regulatory
flexibility analyses, DHS assumes filing entities not found in the online databases are likely to be
small entities. As a result, in order to prevent underestimating the number of small entities this
rule would affect, DHS conservatively considers all of the non-matched entities as small entities
for the purpose of this analysis. Among the 464 matches for Form I-140, DHS determined 292 to
be small entities based on revenue or employee count and according to their NAICS code.
Therefore, DHS was able to classify 379 of 550 entities as small entities that filed Form I-140
petitions, including combined non-matches (86), matches missing data (1), and small entity
matches (292). Using the online databases mentioned above (Data Axle, Manta, Cortera, and
Guidestar), one matched entity found in the databases lacked applicable revenue statistics.
DHS determined that 379 out of 550 (68.9 percent) entities filing Form I-140 petitions
were small entities. Furthermore, DHS determined that 292 of the 550 searched were small
entities based on sales revenue data, which were needed to estimate the economic impact of the
proposed rule. Since these 292 were a small entity subset of the random sample of 550 entity
searches, they were considered statistically significant in the context of this research based on
sales revenue information. Similar to Form I-129, DHS calculated the economic impact of this
rule on entities that filed Form I-140 by estimating the total costs associated with the proposed
fee increase for each entity and divided that amount by the sales revenue of that entity.346
Among the 292 small entities with reported revenue data, 98 percent experienced an
economic impact of less than 1 percent, with the exception of 2 percent of the small entities.
Using the above methodology, the greatest economic impact proposed by this fee change was
2.71 percent and the smallest was 0.006 percent per entity. Because of the fee increase, these
small entities would see a cost increase per application in filing fees based on petitions. The
average impact on all 292 small entities with revenue data was 0.16 percent.
Small Entity Classification
Total Impact to Entity = (Number of Petitions Submitted per Entity * $615 Fee amount Increase) / Entity Sales
346
Revenue. USCIS used the lower end of the sales revenue range for those entities where ranges were provided.
profit. The NAICS code 611 (Educational Services) may have for-profit entities. Similar to the
Form I-129 small entity types, the sample of Form I-140 consisted mainly of small businesses,
with no small governmental jurisdictions in the sample and 15 small not-for-profits.
Cumulative Impact of Form I-129 and Form I-140 Petitions
In addition to the individual Form I-129 and Form I-140 analyses, USCIS analyzed any
cumulative impacts of these form types to determine if there were any impacts to small entities
when analyzed together. Based on the samples in the individual analyses, USCIS isolated those
entities that overlapped in both samples of Forms I-129 and I-140 by EIN and revenue. Only 1
entity had an EIN that overlapped in both samples; this was a large entity that submitted 3 Form
I-129 petitions and 1 Form I-140 petition. Due to little overlap in entities in the samples, and the
relatively minor impacts on revenue of fee increases of Forms I-129 and I-140, USCIS does not
expect the combined impact of these 2 forms to be an economically significant burden on a
number of small entities.
3. Civil Surgeon Designation, Form I-910
DHS proposes to increase the fee for Civil Surgeon Designations, Form I-910, from $785
to $1,230, an increase of $445 (57 percent). To calculate the economic impact of this increase,
USCIS estimated the total costs associated with the fee increase for each entity and divided that
amount by the sales revenue of that entity.347 Using a 12-month period of data from October 1,
Total Impact to Entity = (Number of Petitions Submitted per Entity * $445 Fee Amount Increase) Entity Sales
347
2019, to September 31, 2020,348 DHS collected internal data on filings of Form I-910. The total
number of Form I-910 applications was 639, with 428 unique entities that filed applications. The
third-party databases mentioned previously were used again to search for revenue and employee
count information.
Using the same methodology as for the Forms I-129 and I-140, USCIS conducted the
SEA based on a representative sample of the impacted population. To identify a representative
sample, DHS used a standard statistical formula to determine a minimum sample size of 203
entities, which included using a 95 percent confidence level and a 5 percent confidence interval
on a population of 428 unique entities for Form I-910. USCIS conducted searches on 300
randomly selected entities from a population of 428 unique entities for Form I-910 petitions, a
sample size approximately 48-percent larger than the minimum necessary.
not match the name of a filing entity. DHS assumes filing entities not found in the online
databases are likely to be small entities. DHS also considers all of the non-matched entities as
small entities for the purpose of this analysis. Among the 244 matches for Form I–910, DHS
determined 207 to be small entities based on their revenue or employee count and according to
their NAICS code. Therefore, DHS was able to classify 268 of 300 entities as small entities that
filed Form I-910 petitions, including combined non-matches (5), matches missing data (56), and
small entity matches (207). DHS also used the online databases mentioned above (Data Axle,
Manta, Cortera, and Guidestar), and the five matches missing data that were found in the
databases lacked revenue data and associated employment threshold.
348DHS acknowledges the broad effects of the COVID-19 international pandemic on the United States and the
populations affected by this rule. However, while most forms were impacted as a result of COVID, Form I-129
receipts increased in line with recent years. Thus, we decided to use the most recent fiscal year data from FY 20 for
the samples to complete the supplemental Small Entity Analysis to maintain consistency across IRFAs regardless of
the general effect of COVID-19 on filings, because that effect is not applicable to the forms discussed in this section.
DHS determined that 268 out of 300 (89.3 percent) entities filing Form I–910
applications were small entities. Furthermore, DHS determined that 207 of the 300 entities
searched were small entities based on sales revenue data, which were needed to estimate the
economic impact of the proposed rule. Since these 207 were a small entity subset of the random
sample of 300 entity searches, they were considered statistically significant in the context of this
research, based on sales revenue information.
Similar to the Forms I-129 and I-140, DHS calculated the economic impact of this rule on
entities that filed Form I-910 by estimating the total impact associated with the proposed fee
increase for each entity and divided that amount by the sales revenue of that entity. Among the
207 small entities with reported revenue data, 97.6 percent experienced an economic impact
considerably less than 1 percent, with the exception of 2.4 percent of the small entities. The
greatest economic impact imposed by this proposed fee change was 1.85 percent and the smallest
was 0.004 percent per entity. The average impact on all 207 small entities with revenue data was
0.15 percent. The increased fee will increase individual applicants’ cost by $445.
profit. The NAICS code 611 (Educational Services) may have for-profit entities. The sample of
Form I-910 consisted mainly of small businesses, with no small governmental jurisdictions in the
sample and 5 small not-for-profits.
4. Petition for Amerasian, Widow(er), or Special Immigrant, Form I-360
DHS proposes to increase the fee for entities petitioning on behalf of foreign religious
workers who file using Form I–360 from $435 to $515, an increase of $80 (18 percent),
including entities who petition on behalf of foreign religious workers. To calculate the impact of
the increase, DHS estimated the total costs associated with the fee increase for each entity and
divided that amount by the sales revenue of that entity.349
Using a 12-month period of data on the number of Form I-360 petitions filed from
October 1, 2019, to September 31, 2020, DHS collected internal data on filings of Form I–360
for religious workers. The total number of Form I-360 petitions was 2,388, with 489 unique
entities that filed petitions. DHS used the same databases mentioned previously to search for
information on revenue and employee count.
DHS used the same method as with Forms I-129 and I-140 to conduct the SEA based on
a representative sample of the impacted population. To identify a representative sample, DHS
used a standard statistical formula to determine a minimum sample size of 215 entities, which
included using a 95 percent confidence level and a 5 percent confidence interval on a population
of 489 unique entities for Form I–360 petitions. To account for missing organizations in the
online subscription and public databases, DHS selected a sample size that was approximately 95
percent larger than the necessary minimum to allow for non-matches (filing entities that could
not be found in any of the four databases). Therefore, DHS conducted searches on 420 randomly
selected entities from a population of 489 unique entities that filed Form I-360 petitions.
349
Total Impact to Entity = (Number of Petitions Submitted per Entity * $80 Fee Amount Increase) / Entity Sales
not match the name of a filing entity in the databases. DHS assumes that filing entities not found
in the online databases are likely to be small entities. As a result, to prevent underestimating the
number of small entities this rule would affect, DHS conservatively considers all of the non-
matched entities as small entities for the purpose of this analysis. Among the 248 matches for
Form I-360, DHS determined 208 to be small entities based on revenue or employee count and
according to their NAICS code. Therefore, DHS was able to classify 399 of 420 entities as small
entities that filed Form I-360 petitions, including combined non-matches (172), matches missing
data (19), and small entity matches (208). DHS also used the online databases mentioned above
(Data Axle, Manta, Cortera, and Guidestar), and the 19 matches missing data that were found in
the databases lacked revenue or employee count data.
DHS determined that 399 out of 420 (95.0 percent) entities filing Form I-360 petitions
were small entities. Furthermore, DHS determined that 208 of the 420 searched were small
entities based on sales revenue data, which were needed to estimate the economic impact of the
proposed rule. Since these 208 small entities were a subset of the random sample of 420 entity
searches, they were considered statistically significant in the context of this research.
Similar to other forms analyzed in this IRFA, DHS calculated the economic impact of
this rule on entities that filed Form I-360 on behalf of religious workers by estimating the total
costs associated with the proposed fee increase for each entity. Among the 208 small entities
with reported revenue data, 99.5 percent experienced an economic impact of less than 1 percent,
with the exception of 0.5 percent of the small entities. The greatest economic impact imposed by
this proposed fee change was 4.11 percent and the smallest was 0.0008 percent per entity. The
average impact on all 208 small entities with revenue data was 0.08 percent.
DHS also analyzed the proposed costs of this rule on the petitioning entities relative to
the costs of the typical employee’s salary. Guidelines suggested by the SBA’s Office of
Advocacy indicate that the impact of a rule could be significant if the cost of the regulation
exceeds 5 percent of the labor costs of the entities in the sector.350 According to the Bureau of
Labor Statistics (BLS), the mean annual salary is $57,230 for clergy,351 $52,880 for directors of
religious activities and education,352 and $43,290 for other religious workers.353 Based on an
average of 1.59 religious workers354 petitioned for per entity, the additional average annual cost
would be $127.20 per entity.355 The additional costs per entity proposed by this rule represent
only 0.22 percent of the average annual salary for clergy, 0.24 percent of the average annual
salary for directors of religious activities and education, and 0.29 percent of the average annual
salary for all other religious workers.356
With an aggregated total of 399 out of a sample size of 420, DHS inferred that a large
majority, or 95.0 percent, of the entities filing Form I-360 petitions were small entities. Small
entities filing petitions could be for-profit businesses or not-for-profit entities. To understand the
extent to which not-for-profits were included in the samples selected for each form DHS
categorized entities as for-profit or not-for-profit. The business data provider databases do not
350Office of Advocacy, Small Business Administration “A Guide for Government Agencies, How to Comply with
the Regulatory Flexibility Act,” page 19: Available at https://www.sba.gov/sites/default/files/advocacy/How-to-
Comply-with-the-RFA-WEB.pdf.
351BLS, “Occupational Employment Statistics, May 2021, “Clergy”:
https://www.bls.gov/oes/2021/may/oes212011.htm.
BLS, “Occupational Employment Statistics, May 2021, “Directors of Religious Activities and Education”:
352
Available at https://www.bls.gov/oes/2021/may/oes212021.htm.
353 BLS, “Occupational Employment Statistics, May 2021,
“Religious Workers, All Other”: Available at https://www.bls.gov/oes/2021/may/oes212099.htm.
354USCIS calculated the average filing per entity of 1.6 petitions, from the Form I–360 Sample with Petition Totals
in Appendix E of the SEA for this NPRM. Calculation: (total number of petitions from each sample id)/(total
number of sample Form I–360 petitions) = 667/420 = 1.59 average petitions filed per entity.
355Calculation: 1.59 average petitions per entity * $80 increase in petition fees = $127.20 additional total cost per
entity.
356Calculation: $127.20 additional cost per entity/$57,230 clergy salary X 100 = 0.22 percent; $127.20 additional
cost per entity/$52,880 directors of religious activities and education X 100 = 0.24 percent; $127.20 additional cost
per entity/$43,290 other religious workers X 100 = 0.29 percent.
distinguish if entities are for-profit or not-for-profit, so DHS used the assumption that entities
with NAICS codes 712 (Museums, Historical Sites, and Similar Institutions), 813 (Religious,
Grantmaking, Civic, Professional, and Similar Organizations), and 6241 (Family Social
Services) were not-for-profit. The NAICS code 611 (Educational Services) may have for-profit
entities. The sample of Form I-360 consists of a majority not-for-profit entities, primarily
composed of religious institutions. There were no small governmental jurisdictions in the sample
and 221 small not-for-profits.
5. Genealogy Requests – Genealogy Index Search Request, Form G-1041, and Genealogy
Records Request, Form G-1041A
In this proposed rule, DHS establishes an increase in the fee for the Genealogy Index
Search Request, Form G-1041, from $65 to $120, an increase of $55 (85 percent) for those who
mail in this request on paper. This proposed rule increases the fee for requestors who use the
online electronic Form G-1041 version from the current $65 to $100, an increase of $35 (54
percent).
In this proposed rule, DHS establishes a fee for Form G-1041A that would increase from
$65 to $260, an increase of $195 (300 percent) for those who mail in this request on paper. In
this proposed rule, the fee for requestors who use the online electronic Form G-1041A will
increase from the current $65 to $240, an increase of $175 (269 percent).
Finally, DHS is proposing to charge a fee for requests for a Certificate of Non-Existence.
Currently, USCIS allows individuals to request a Certificate of Non-Existence to document that
USCIS has no records indicating that an individual became a naturalized citizen of the United
States. This service is often used by individuals gathering genealogical records to claim the
citizenship of another nation. USCIS operates the Certificate of Non-Existence request process
informally and at no cost to individuals while absorbing the costs to provide this service.357 DHS
proposes a fee of $315 for individuals to recover the estimated full cost of processing these
requests, which will require submission of Form G-1566, Request for a Certificate of Non-
Existence, once approved by OMB.
The population affected by this provision includes individuals who use Form G-1041 to
request a search of USCIS historical indices and individuals who use Form G-1041A to obtain
copies of USCIS historical records found through an index request. The affected population also
includes individuals who request a Certificate of Non-Existence to document that USCIS has no
records indicating that an individual became a naturalized citizen of the United States. Based on
the DHS records, Table 33 shows the estimated number of genealogy index search requests and
historical records requests that were submitted to USCIS using Forms G-1041 and G-1041A for
FY 2016 through FY 2020. DHS estimates that an annual average of 5,250 Form G-1041 index
search requests and 3,352 Form G-1041A records requests were received during that time. For
both forms, more than 90 percent of the requests were submitted electronically.
Table 33. Receipts of Form G-1041, Genealogy Index Search Request, Form G-1041A,
Genealogy Records Request and Form G-1566, Request for a Certificate of Non-Existence for
FY 2016 through FY 2020
Form G-1041 Form G-1041 Percentage Filed
Fiscal Year (Paper Filing) (Online Filing) Total Online
2016 321 5,192 5,513 94%
2017 274 3,036 3,310 92%
2018 228 3,602 3,830 94%
2019 218 5,295 5,513 96%
2020 318 7,764 8,082 96%
5-year Total 1,359 24,889 26,248
5-year Annual
Average 272 4,978 5,250 95%
Form G-1041A Form G-1041A Percentage Filed

Fiscal Year (Paper Filing) (Online Filing) Total Online
2016 290 2,220 2,510 88%
2017 364 2,262 2,626 86%
2018 298 2,645 2,943 90%
2019 33 3,407 3,440 99%
2020 344 4,895 5,239 93%
357See 8 CFR 103.7(f) as of October 1, 2020, which provides that the Director of USCIS, or such officials as he or
she may designate, may certify records when authorized under 5 U.S.C. 552 or any other law to provide such
records
5-year Total 1,329 15,429 16,758
5-year Annual
Average 266 3,086 3,352 92%
Certificate of Non-
Existence Form G-
Fiscal Year 1566
2016 679
2017 909
2018 1,442
2019 1,516
2020 1,784
5-year Total 6,330
5-year Annual
1,266
Average
Source: USCIS, Immigration Records and Identity Services (IRIS) Directorate, Records Information Systems
Branch (RISB). August 19, 2021.
Note: IRIS tracks the online percentage of index searches and records requests.
Table 33 depicts the FY 2016 through FY 2020 filing receipts of the certificate of non-
existence. DHS bases the estimate for the Form G-1566 on these receipts and estimates that the
average annual receipts for Form G-1566 would be approximately 1,266.
DHS has previously determined that requests for historical records are usually made by
individuals.358 If professional genealogists and researchers submitted such requests in the past,
they did not identify themselves as commercial requestors and, therefore, DHS could not
separate these data from the dataset. Genealogists typically advise clients on how to submit their
own requests. For those who submit requests on behalf of clients, DHS does not know the extent
to which they can pass along the fee increases to their individual clients. DHS assumes
genealogists have access to a computer and the Internet. DHS is unable to estimate the online
number of index searches and records requests; however, some will receive a reduced fee and
cost savings, by filing online. Therefore, DHS currently does not have sufficient data to
definitively assess the impact on small entities for these requests. However, DHS must still
recover the full costs of this program. As stated in the preamble to this proposed rule, reducing
358See Establishment of a Genealogy Program, 73 FR 28026 (May 15, 2008).

the filing fee for any one benefit request submitted to DHS simply transfers the additional cost to
process this request to other immigration and naturalization filing fees.
For this proposed rule, DHS is expanding the use of electronic genealogy requests to
encourage requestors to use the electronic versions of Form G-1041 and Form G-1041A. DHS is
also changing the search request process so that USCIS may provide requestors with electronic
records, if they exist, in response to the initial index request. These changes may reduce the time
it takes to request and receive genealogy records, and, in some cases, it will eliminate the need to
make multiple search requests and submit separate fees. Moreover, DHS notes that providing
digital records in response to a Form G-1041 request may reduce the number of Form G-1041A
requests that will be filed since there would already be a copy of the record if it was previously
digitized. DHS proposes to provide the requestor with those preexisting digital records, if they
exist, via email in response to the initial search request. Electronic versions of the requests
reduce the administrative burden on USCIS by eliminating the need to manually enter requestor
data into its systems. Requestors that cannot submit the forms electronically may still submit
paper copies of both forms with the required filing fees. DHS recognizes that some small entities
may be impacted by these proposed increased fees but cannot determine how many or the exact
impact. DHS requests comments from the public on the impacts to small entities of the proposed
fee increases to the genealogy forms.
6. Application for Regional Center Designation Under the EB-5 Regional Center Pilot Program,
Form I- 956 (formerly Form I-924) and I-956G (formerly Form I-924A)
Congress created the EB-5 program in 1990 to stimulate the U.S. economy through job
creation and capital investment by immigrant investors. The EB-5 regional center program was
later added in 1992 by the Departments of Commerce, Justice, and State, the Judiciary, and
Related Agencies Appropriations Act, 1993. Pub. L. 102-395, sec. 610, 106 Stat 1828 (Oct. 6,
1992). As amended, the EB-5 program makes approximately 10,000 visas available annually to
foreign nationals (and their dependents) who invest at least $1,050,00 or a discounted amount of
$800,000 if the investment is in a targeted employment area (TEA) (which includes certain rural
areas and areas of high unemployment) or infrastructure project in a U.S. business that will
create at least 10 full-time jobs in the United States for qualifying employees. See INA sec.
203(b)(5), 8 U.S.C. 1153(b)(5); 8 U.S.C. 11538 U.S.C. 1153. Such investment amounts are not
necessarily indicative of whether the regional center is appropriately characterized as a small
entity for purposes of the RFA. Due to the lack of regional center revenue data, DHS assumes
regional centers collect revenue primarily through the administrative fees charged to investors.
On March 5, 2022, the President signed the EB-5 Reform and Integrity Act of 2022, Div.
BB of the Consolidated Appropriations Act, 2022 (Pub. L. 117-103). The EB-5 Reform and
Integrity Act of 2022 immediately repealed the Regional Center (RC) Pilot Program created by
the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies
Appropriations Act 1993, Pub. L. 102-395, 106 Stat. 1828, sec. 610(b). The law also authorizes
a new EB-5 Regional Center Program, which will become effective May 14, 2022 and is
authorized through FY 2026 and makes various changes to the program. As discussed more
fully in section VIII.N. of the NPRM, DHS proposes new fees for the forms used in the EB-5
program in this proposed rule.
DHS proposes changes to various fees for regional centers and related immigration benefit
requests related to Employment-Based Immigrant Visa, Fifth Preference (EB-5). The EB-5
Reform and Integrity Act of 2022 immediately repealed and replaced the prior EB-5 “regional
center program.” The EB-5 Reform and Integrity Act of 2022 has no immediate impact on the
staffing levels of the USCIS Immigrant Investor Program Office, although each existing
Regional Center will be required to submit a request to be re-approved under the law, which
could greatly increase the program workload initially. Nevertheless, and despite the changes in
the law and program, DHS has proposed fees in this rule based on the currently projected
staffing needs to meet the adjudicative and administrative burden of the Immigrant Investor
Program Office pending the fee study required by section 106(a) of the EB-5 Reform and
Integrity Act of 2022. Thus, the annual filing volume projections in this rule are based on
historical volumes and trends because the EB-5 Reform and Integrity Act of 2022 is too new for
DHS to accurately estimate its impacts on filing volumes. DHS welcomes comments from the
public on the number of forms for the EB-5 program that will be submitted annually and how
that number will be changed by the recent legislation. DHS may adjust the estimated filing
volumes in the final rule based on additional analysis and comments on this rule.
DHS is proposing a fee for Form I-956, Application for Regional Center Designation, is
$47,695, a $29,900 (168 percent) increase from the $17,795 fee for Form I-924, Application for
Regional Center Designation under the Immigrant Investor Program. See 8 CFR
103.7(b)(1)(i)(WW) (Oct. 1, 2020); proposed 8 CFR 106.2(a)(64). DHS also proposes a $47,695
fee for Form I-956F, Application for Approval of Investment in a Commercial Enterprise,
because its adjudicative burden is nearly identical to that of the Form I-956. The proposed fee
for Form I-956G, Regional Center Annual Statement, is $4,470, a $1,435 (47 percent) increase
from the current $3,035 fee Form I-924A, Annual Certification of Regional Center. See 8 CFR
103.7(b)(1)(i)(WW) (Oct. 1, 2020); proposed 8 CFR 106.2(a)(66). The EB-5 program
encompasses Forms I-526, I-829, I-956, I-965F, and I-956G.359
DHS is creating these new forms as stated above, as part of the EB-5 Reform and
Integrity Act of 2022. Since Form I-956/I-956A will be new forms and historical data
does not exist. Because the immigration benefit adjudications previously performed using
Form I-924 will now be administered using Forms I-956 and I-956G, DHS will use historical
data of the previous Form I-956 (formerly Form I-924) Application for Regional Center
359 The Supplement to Form I-956G is used to certify a Regional Center’s continued eligibility for the Regional
Center designation through an annual certification. Each designated Regional Center entity must file a Form I-956G
for each fiscal year within 90 days after the end of the fiscal year of the calendar year in which the fiscal year ended.
DHS has also created Forms I-956H, Bona Fides of Persons Involved with Regional Center Program, and I-956K
Registration for Direct and Third-Party Promoters, for the new EB-5 program. DHS proposes no fee for those forms
in this proposed rule.
Designation and Form I-956G (formerly Form I-924A), Annual Certification of Regional
Center as a proxy for the analysis. Under the Regional Center Program, foreign nationals
based their EB-5 petitions on investments in new commercial enterprises located within
“regional centers.” DHS regulations define a regional center as an economic unit, public or
private, that promotes economic growth, regional productivity, job creation, and increased
domestic capital investment. See 8 CFR 204.6(e). Requests for regional center designation
must be filed with USCIS on Form I-956 (formerly Form I-924), Application for Regional
Center Designation Under the Immigrant Investor Program. See 8 CFR 204.6(m)(3) and
(4). Once designated, regional centers must provide USCIS with updated information to
demonstrate continued eligibility for the designation by submitting Form I-956G (formerly
Form I-924A), Annual Certification of Regional Center on an annual basis or as otherwise
requested. See 8 CFR 204.6(m)(6)(i)(B).
The application process would require the same information from applicants that is
currently required. As shown in Table 34, during the 5-year period from FY 2016 through FY
2020, USCIS received a total of 951 annual Form I-956 (formerly Form I-924) regional centers
applications and 4,091 Form I-956G (formerly Form I-924A) annual statements, with annual
averages 190 and 818 respectively.
Table 34. Annual Receipts for Form I-956, Application For Regional Center Designation
Under the Immigrant Investor Program, and Form I-956G, Annual Statements of Regional
Center, for FY 2016 through FY 2020
Fiscal Year Form I-956* Form I-956G**
2016 436 863
2017 280 843
2018 122 887
2019 79 820
2020 34 678
5-year Total 951 4,091
5-year Annual
Average 190 818
*Source: USCIS, Office of Policy and Strategy (OP&S), Policy Research Division, CLAIMS 3
database, May 5, 2021.
**Source: USCIS, Immigrant Investor Office (IPO), INFACT database, January 6, 2022.
Note: I-956G are the annual statements to be submitted by these approved regional centers.
Regional centers are difficult to assess because there is a lack of official USCIS data on
employment, income, and industry classification for these entities. It is difficult to determine the
small entity status of regional centers without such data. Such a determination is also difficult
because regional centers can be structured in a variety of different ways, and can involve
multiple business and financial activities, some of which may play a direct or indirect role in
linking investor funds to NCEs and job-creating projects or entities. Regional centers also pose a
challenge for analysis as their structure is often complex and can involve many related business
and financial activities not directly involved with EB-5 activities. Regional centers can be made
up of several layers of business and financial activities that focus on matching foreign investor
funds to development projects to capture above-market return differentials.
While DHS attempted to treat regional centers similar to the other entities in this analysis,
DHS was not able to identify most of the entities in any of the public or private online databases.
Furthermore, while regional centers are an integral component of the EB-5 program, DHS does
not collect data on the administrative fees the regional centers charge to the foreign investors
who are investing in one of their projects. DHS did not focus on the bundled capital investment
amounts (either a discounted $500,000 if the investment is in a TEA project, which includes
certain rural areas and areas of high unemployment, or $1 million for a non-TEA project per
investor, in a U.S. business that will create or preserve at least 10 full-time jobs in the United
States for qualifying employees)360 that get invested into an NCE. Such investment amounts are
360U.S. Department of Homeland Security, USCIS – EB-5 Immigrant Investor Program Modernization,
Proposed rule. See 84 FR 35750 (July 24, 2019). Available at https://www.govinfo.gov/content/pkg/FR-
not necessarily indicative of whether the regional center is appropriately characterized as a small
entity for purposes of the RFA. Due to the lack of regional center revenue data, DHS assumes
regional centers collect revenue primarily through the administrative fees charged to investors.
DHS did consider the information provided by regional center applicants as part of the
Forms I-956 (formerly Form I-924) and I-956G (formerly Form I-924A); however, it does not
include adequate data to allow DHS to reliably identify the small entity status of individual
applicants. Although regional center applicants typically report the NAICS codes associated with
the sectors they plan to direct investor funds toward, these codes do not necessarily apply to the
regional centers themselves. In addition, information provided to DHS concerning regional
centers generally does not include regional center revenues or employment.
DHS was able to obtain some information under some specific assumptions in an attempt
to analyze the small entity status of regional centers. In the DHS proposed rule “EB-5 Immigrant
Investor Program Modernization,” DHS analyzed estimated administrative fees and revenue
amounts for regional centers.361 DHS found both the mean and median for administrative fees to
be $50,000 and the median revenue amount to be $1,250,000 over the period FY 2017 through
FY 2020. DHS does not know the extent to which these regional centers can pass along the fee
increases to the individual investors. Passing along the costs from this proposed rule can reduce
or eliminate the economic impacts to the regional centers. While DHS cannot definitively claim
there is no significant economic impact to these small entities based on existing information,
DHS would assume existing regional centers with revenues equal to or less than $447,000 per
year (some of which DHS assumes would be derived from administrative fees charged to
individual investors) could experience a significant economic impact if DHS assumes a fee
2019-07-24/pdf/2019-15000.pdf. This amount by investor is determined between a designated Target

Employment Area and non-Target Employment Area.
361 Id.
increase that represents 1 percent of annual revenue is a “significant” economic burden under the
RFA.362
DHS welcomes comments from the public on the impacts to small entities of the
proposed fee increases to Form I–956G (formerly Form I-924A) and requests information from
the public on data sources on the average revenues collected by regional centers in the form of
administrative fees and the extent to which regional centers may pass along the fee increases to
the individual investors.
d. A description of the projected reporting, recordkeeping, and other compliance requirements of
the proposed rule, including an estimate of the classes of small entities that will be subject to the
requirement and the types of professional skills necessary for preparation of the report or record.
The proposed rule does not directly impose any new or additional “reporting” or
“recordkeeping” requirements on filers of Form I-129, I-140, I-910, I-360, G-1041, G-1041A, I-
956 (formerly Form I-924), or I-956G (formerly I-924A). The proposed rule does not require any
new professional skills for reporting.
e. An identification, to the extent practical, of all relevant Federal rules that may duplicate,
overlap, or conflict with the proposed rule.
DHS is unaware of any duplicative, overlapping, or conflicting Federal rules, but invites
any comment and information regarding any such rules.
f. Description of any significant alternatives to the proposed rule that accomplish the stated
objectives of applicable statutes and that minimize any significant economic impact of the
proposed rule on small entities, including alternatives considered as:
(1) Establishment of differing compliance or reporting requirements or timetables that
take into account the resources available to small entities;
362 Calculation: 1 percent of $447,000 = $4,470 (the new fee for Form I-956G; formerly Form I-924A).
(2) Clarification, consolidation, or simplification of compliance and reporting
requirements under the rule for such small entities;
(3) Use of performance rather than design standards; and
(4) Any exemption from coverage of the rule, or any part thereof, for such small entities.
The INA provides for the collection of fees at a level that will ensure recovery of the full
costs of providing adjudication and naturalization services, including services provided without
charge to asylum applicants and certain other immigrant applicants. In addition, DHS must fund
the costs of providing services without charge by using a portion of the filing fees that are
collected for other immigration benefits. Without an adjustment in fees, USCIS would not be
able to sustain the current level of service for immigration and naturalization benefits. While
most immigration benefit fees are paid by individuals, as described above, some also are paid by
small entities. USCIS seeks to minimize the impact on all parties, and in particular small entities.
An alternative to the increased economic burden of the proposed rule is to maintain fees at their
current level for small entities. The strength of this alternative is that it assures no additional fee
burden is placed on small entities; however, this alternative also would cause negative impacts to
small entities.
Without the fee adjustments proposed in this proposed rule, significant operational
changes would be necessary in order for USCIS to provide current immigration and
naturalization benefits to the public. These changes would include reductions in Federal and
contract staff, infrastructure spending on information technology and facilities, travel, and
training. Depending on the actual level of workload received, these operational changes could
result in longer application processing times, a degradation in service to applicants and
petitioners, and reduced efficiency over time. DHS is therefore not proposing to exempt small
entities from the fee increases outlined in this proposed rule.
g. Questions for Comment to Assist Regulatory Flexibility Analysis

• DHS seeks comment on the numbers of small entities that may be impacted by this
proposed rulemaking.
• DHS seeks comment on any or all of the provisions in the proposed rule with regard to
the economic impact of this proposed rule, paying specific attention to the effect of the
rule on small entities in light of the above analysis, as well as the full small entity
analysis on regulations.gov.
• DHS seeks comment on any significant alternatives DHS should consider in lieu of the
changes proposed by this proposed rule.
• DHS seeks ways in which the rule could be modified to reduce burdens for small
entities consistent with the Immigration and Nationality Act and the Chief Financial
Officers Act requirements.
• Please identify all relevant Federal, State, or local rules that may duplicate, overlap, or
conflict with the proposed rule.
C. Unfunded Mandates Reform Act of 1995

The Unfunded Mandates Reform Act of 1995 (UMRA) is intended, among other things,
to curb the practice of imposing unfunded Federal mandates on State, local, and Tribal
governments. Title II of UMRA requires each Federal agency to prepare a written statement
assessing the effects of any Federal mandate in a proposed rule, or final rule for which the
agency published a proposed rule, that includes any Federal mandate that may result in $100
million or more expenditure (adjusted annually for inflation) in any one year by State, local, and
Tribal governments, in the aggregate, or by the private sector.363
While this proposed rule is expected to exceed the $100 million in 1995 expenditure in
any one year when adjusted for inflation ($178 million in 2021 dollars based on the Consumer
363 See 2 U.S.C. 1532(a).

Price Index for All Urban Consumers (CPI-U)),364 DHS does not believe this proposed rule
would impose any unfunded Federal mandates on State, local, and Tribal governments, in the
aggregate, or on the private sector. It does not contain a Federal mandate as the term is defined
under UMRA.365 The requirements of Title II of UMRA, therefore, do not apply, and DHS has
not prepared a written statement.
D. Small Business Regulatory Enforcement Fairness Act of 1996 (Congressional Review Act)
The Congressional Review Act (CRA) was included as part of the Small Business
Regulatory Enforcement Fairness Act of 1996 (SBREFA) by section 804 of SBREFA, Pub. L.
104-121, 110 Stat. 847, 868, et seq. This proposed rule, if finalized, would be a major rule as
defined by section 804 of SBREFA because the aggregate amount of additional fees to be
collected will exceed $100 million. See 5 U.S.C. 804(2)(A) (providing that a rule is a major rule
if it is likely to result in an annual effect on the economy of $100 million or more). Accordingly,
absent exceptional circumstances, this proposed rule if enacted as a final rule would be effective
at least 60 days after the date on which Congress receives a report submitted by DHS as required
by 5 U.S.C. 801(a)(1).
E. Executive Order 13132 (Federalism)

This proposed rule would 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
364 See U.S. Department of Labor, BLS, “Historical Consumer Price Index for All Urban Consumers (CPI-U): U.S.
city average, all items, by month,” available at https://www.bls.gov/cpi/tables/supplemental-files/historical-cpi-u-
202112.pdf (last visited Jan. 13, 2022). Calculation of inflation: (1) Calculate the average monthly CPI-U for the
reference year (1995) and the current year (2021); (2) Subtract reference year CPI-U from current year CPI-U; (3)
Divide the difference of the reference year CPI-U and current year CPI-U by the reference year CPI-U; (4) Multiply
by 100 = [(Average monthly CPI-U for 2021 – Average monthly CPI-U for 1995)/(Average monthly CPI-U for
1995)]*100=[( 270.970–152.383)/152.383]*100=(118.587/152.383)*100=0.77821673*100=77.82 percent=78
percent (rounded). Calculation of inflation-adjusted value: $100 million in 1995 dollars*1.78=$178 million in 2021
dollars.
365The term “Federal mandate” means a Federal intergovernmental mandate or a Federal private sector mandate.
See 2 U.S.C. 1502(1), 658(6).
of E.O. 13132, it is determined that this proposed rule does not have sufficient federalism
implications to warrant the preparation of a federalism summary impact statement.
F. Executive Order 12988 (Civil Justice Reform)

This proposed rule was drafted and reviewed in accordance with E.O. 12988, Civil
Justice Reform. This proposed rule was written to provide a clear legal standard for affected
conduct and was carefully reviewed to eliminate drafting errors and ambiguities to minimize
litigation and undue burden on the Federal court system. DHS has determined that this proposed
rule meets the applicable standards provided in section 3(a) and 3(b)(2) of E.O. 12988.
G. Executive Order 13175 (Consultation and Coordination with Indian Tribal Governments)
This proposed rule would not have “Tribal implications” under E.O. 13175, Consultation
and Coordination with Indian Tribal Governments, because it does not have substantial direct
effects on one or more Indian Tribes, on the relationship between the Federal Government and
Indian Tribes, or on the distribution of power and responsibilities between the Federal
Government and Indian Tribes. Accordingly, E.O. 13175, Consultation and Coordination with
Indian Tribal Governments, requires no further agency action or analysis.
H. Paperwork Reduction Act

Under the PRA of 1995, 44 U.S.C. 3501-12, DHS must submit to OMB, for review and
approval, any reporting requirements inherent in a rule, unless they are exempt. In accordance
with the PRA, the information collection notice is published in the Federal Register to obtain
comments regarding the proposed edits to the information collection instruments. Please see the
accompanying PRA documentation for the full analysis. The Information Collection table below
shows the summary of forms that are part of this rulemaking.
Table 35: Information Collection
OMB Number Form Number Form Name Type of PRA Action

G-1041 Genealogy Index Search Request
Revision of a Currently
1615-0096 Genealogy Records Request (For
G-1041A Approved Collection
each microfilm or hard copy file)
Request for a Certificate of Non- Revision of a Currently
1615-0156 G-1566
Existence Approved Collection

Application for
1615-0079 I-102 Replacement/Initial Nonimmigrant
Approved Collection
Petition for a Nonimmigrant Revision of a Currently
1615-0009 I-129
Worker Approved Collection
I-129CW Nonimmigrant Transitional
1615-0111 Worker
Approved Collection
Semiannual Report for CW-1
I-129CWR
Worker
1615-0001 I-129F Petition for Alien Fiancé(e)
Approved Collection
Nonimmigrant Petition Based on Revision of a Currently
1615-0010 I-129S
Blanket L Petition Approved Collection
I-130 Petition for Alien Relative
1615-0012 Supplemental Information for
I-130A Approved Collection
Spouse Beneficiary
1615-0013 I-131 Application for Travel Document
Approved Collection
Application for Travel Document Revision of a Currently
1615-0135 I-131A
(Carrier Documentation) Approved Collection
Immigrant Petition for Alien Revision of a Currently
1615-0015 I-140
Worker Approved Collection
Application for Relief Under
Former Section 212(c) of the Revision of a Currently
1615-0016 I-191
Immigration and Nationality Act Approved Collection
(INA)
1615-0017 I-192 Permission to Enter as
Approved Collection
Nonimmigrant
Application for Permission to
Reapply for Admission into the Revision of a Currently
1615-0018 I-212
United States After Deportation or Approved Collection
Removal
1615-0095 I-290B Notice of Appeal or Motion
Approved Collection
Petition for Amerasian, Revision of a Currently
1615-0020 I-360
Widow(er), or Special Immigrant Approved Collection
Application to Register Permanent
I-485
Supplement A to Form I-485,
I-485A Adjustment of Status Under
1615-0023 Section 245(i)
Approved Collection
Confirmation of Bona Fide Job
Offer or Request for Job
I-485J
Portability Under INA Section
204(j)
Application to Extend/Change Revision of a Currently
1615-0003 I-539
Nonimmigrant Status Approved Collection
Interagency Record of Request –
A, G or NATO Dependent
1615-0027 I-566 Employment Authorization or
Approved Collection
Change/Adjustment to/from A, G
or NATO Status
Petition to Classify Orphan as an Revision of a Currently
1615-0028 I-600
Immediate Relative Approved Collection

I-600A
Processing of an Orphan Petition
Form I-600A/I-600 Supplement 1,
I-600/A Supp1 Listing of Adult Member of
the Household
I-600/A Supp 2
Consent to Disclose Information
I-600/A Supp 3 Request for Action on Approved
Form I-600A/I-600
Application for Waiver of Grounds Revision of a Currently
1615-0029 I-601
of Inadmissibility Approved Collection
Application for Provisional Revision of a Currently
1615-0123 I-601A
Unlawful Presence Waiver Approved Collection
Application by Refugee for Waiver Revision of a Currently
1615-0069 I-602
of Grounds of Inadmissibility Approved Collection
Application for Waiver of the
Foreign Residence Requirement Revision of a Currently
1615-0030 I-612
(Under Section 212(e) of the INA, Approved Collection
as Amended)
Application for Waiver of Grounds Revision of a Currently
1615-0032 I-690
of Inadmissibility Approved Collection
1615-0035 I-698 Temporary to Permanent Resident
Approved Collection
(Under Section 245A of the INA)
Petition to Remove Conditions on Revision of a Currently
1615-0038 I-751
Residence Approved Collection
Application for Employment Revision of a Currently
1615-0040 I-765
Authorization Approved Collection
1615-0137 I-765V Authorization for Abused
Approved Collection
Nonimmigrant Spouse
Application for Family Unity Revision of a Currently
1615-0005 I-817
Benefits Approved Collection
Application for Temporary Revision of a Currently
1615-0043 I-821
Protected Status Approved Collection
Consideration of Deferred Action Revision of a Currently
1615-0124 I-821D
for Childhood Arrivals Approved Collection
Application for Action on an Revision of a Currently
1615-0044 I-824
Approved Application or Petition Approved Collection
No material or nonsubstantive
Inter-Agency Alien Witness and
1615-0046 I-854A change to a currently approved
Informant Record
collection
1615-0072 I-881 Deportation or Special Rule
Approved Collection
Cancellation of Removal
Application to Replace Permanent Revision of a Currently
1615-0082 I-90
Resident Card Approved Collection
Request for Premium Processing Revision of a Currently
1615-0048 I-907
Service Approved Collection
Application for Civil Surgeon Revision of a Currently
1615-0114 I-910
Designation Approved Collection
1615-0116 I-912 Application for Fee Waiver
Approved Collection
Application for T nonimmigrant Revision of a Currently
1615-0099 I-914
status Approved Collection

Application for U nonimmigrant Revision of a Currently
1615-0104 I-918
status Approved Collection
Petition for Qualifying Family Revision of a Currently
1615-0106 I-929
Member of a U-1 Nonimmigrant Approved Collection
Application for Entrepreneur Revision of a Currently
1615-0136 I-941
Parole Approved Collection
1615-0050 N-336 Decision in Naturalization
Approved Collection
Proceedings
1615-0052 N-400 Application for Naturalization
Approved Collection
Application to Preserve Residence Revision of a Currently
1615-0056 N-470
for Naturalization Purposes Approved Collection
Application for Replacement of
1615-0091 N-565 Naturalization/Citizenship
Approved Collection
Document
Application for Certification of Revision of a Currently
1615-0057 N-600
Citizenship Approved Collection
Application for Citizenship and
1615-0087 N-600K Issuance of Certificate under
Approved Collection
Section 322.
1615-0144 OMB-64 H-1B Registration Tool
Approved Collection
USCIS is consolidating all information related to Form fees, fee exemptions, and how to
submit fee payments into Form G-1055, Fee Schedule. Most fee-related language, including
language from sections What is the Filing Fee, How To Check If the Fees Are Correct, Fee
Waiver, and Premium Processing content is being removed from individual Form Instructions
documents, which results in a per-response hour burden reduction for many USCIS information
collections and an overall total hour burden reduction for the USCIS information collection
inventory. In accordance with the PRA, the information collection notice is published in the
Federal Register and will include the proposed edits to the information collection instruments.
This rulemaking will also require non-substantive edits to some USCIS information
collections, which are indicated in Table 35 as “No material/non-substantive change to a
currently approved collection” in the Type of PRA Action column. The USCIS Form I-854A,
Inter-Agency Alien Witness and Informant Record, edits include updating general instructions
language. As stated previously in this preamble, DHS has recently created Forms I-526,
Immigrant Petition by Alien Entrepreneur, and Form I-526E, Immigrant Petition by Regional
Center Investor, Form I-956, Application for Regional Center Designation, Form I-956F,
Application for Approval of Investment in a Commercial Enterprise, Form I-956G, Regional
Center Annual Statement, Form I-956H, Bona Fides of Persons Involved with Regional Center
Program, and Form I-956K Registration for Direct and Third-Party Promoters, to implement the
EB-5 Reform and Integrity Act of 2022. USCIS continues to use Form I-829, Petition by
Investor to Remove Conditions on Permanent Resident Status, to adjudicate requests from
investors under the previous statute and regulations, and as authorized by the EB-5 Reform and
Integrity Act of 2022. Those forms are not subject to the Paperwork Reduction Act. See Pub. L.
117-103, div. BB, sec. 106(d) (providing that for a 1-year period the requirements of the PRA do
not apply to any collection of information required to implement the EB-5 Reform and Integrity
Act of 2022). Thus, those forms are not discussed in this section although new fees are proposed
for them in this rule. If the applicable forms are approved by OMB before the final rule is
published, the final rule will be updated accordingly.
USCIS Form G-1041; G1041A
DHS and USCIS invite the general public and other Federal agencies to comment on the
impact to the proposed collection of information. In accordance with the PRA, the information
collection notice is published in the Federal Register to obtain comments regarding the proposed
edits to the information collection instrument.
Comments are encouraged and will be accepted for 60 days from the publication date of
the proposed rule. All submissions received must include the OMB Control Number 1615-0096
in the body of the letter and the agency name. Comments on this information collection should
address one or more of the following four points:
(1) Evaluate whether the collection of information is necessary for the proper
performance of the functions of the agency including whether the information will have practical
utility;
(2) Evaluate the accuracy of the agency’s estimate of the burden of the collection of
information including the validity of the methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to be collected; and
(4) Minimize the burden of the collection of information on those who are to respond
including through the use of appropriate automated, electronic, mechanical, or other
technological collection techniques or other forms of information technology, for example,
permitting electronic submission of responses.
Overview of information collection:
(1) Type of Information Collection: Revision of a Currently Approved Collection.
(2) Title of the Form/Collection: Genealogy Index Search Request; Genealogy Records
Request (For each microfilm or hard copy file).
(3) Agency form number, if any, and the applicable component of DHS sponsoring the
collection: G-1041; G-1041A; USCIS.
(4) Affected public who will be asked or required to respond, as well as a brief abstract:
Primary: Individuals or households. The Genealogy Program is necessary to provide a more
timely response to requests for genealogical and historical records. Form G-1041 is provided as a
convenient means for persons to provide data necessary to perform a search of historical agency
indices. Form G-1041A provides a convenient means for persons to identify a particular record
desired under the Genealogy Program. The forms provide rapid identification of such requests
and ensures expeditious handling. Persons such as researchers, historians, and social scientists
seeking ancestry information for genealogical, family history and their location purposes will use
Forms G-1041 and G-1041A.
(5) An estimate of the total number of respondents and the amount of time estimated for
an average respondent to respond: The estimated total number of respondents for the information
collection Form G-1041 is 3,847 and the estimated hour burden per response is 0.317 hours; the
estimated total number of respondents for Form G-1041A is 2,920 and the estimated hour burden
per response is 0.317 hours.
(6) An estimate of the total public burden (in hours) associated with the collection: The
total estimated annual hour burden associated with this collection is 2,146 hours.
(7) An estimate of the total public burden (in cost) associated with the collection: The
estimated total annual cost burden associated with this collection of information is $25,376.
USCIS Form G-1566
utility;

(2) Title of the Form/Collection: Request for a Certificate of Non-Existence.
collection: G-1566; USCIS.
Primary: Individuals or households. USCIS will use the information collected on Form G-1566
to determine whether any immigration records about the subject of record listed on the form
exist. If no records about the subject of record exist, USCIS will provide a Certificate of
Nonexistence. If USCIS finds records related to the subject of record, a Certificate of Non-
Existence will not be issued, but the requestor will be notified that records were found.
collection G-1566 is 2,000 and the estimated hour burden per response is 0.5 hours.
USCIS Form I-102

utility;
(2) Title of the Form/Collection: Application for Replacement/Initial Nonimmigrant
Arrival/Departure Document.
collection: I-102; USCIS.
Primary: Individuals or households. Nonimmigrants temporarily residing in the United States can
use this form to request a replacement of a lost, stolen, or mutilated Form I-94, Arrival/Departure
Record, or to request a new Arrival/Departure Record, if one was not issued when the
nonimmigrant was last admitted but the nonimmigrant is now in need of such a record. USCIS
uses the information provided by the requester to verify eligibility, as well as his or her status,
process the request, and issue a new or replacement Arrival/Departure Record. If the application
is approved, USCIS will issue a Form I-94, Arrival/Departure Record.

collection Form I-102 is 4,100 and the estimated hour burden per response is 0.567 hours.
estimated total annual cost burden associated with this collection of information is $1,182,440.
USCIS Form I-129
utility;

(2) Title of the Form/Collection: Petition for a Nonimmigrant Worker.
Primary: Business or other for-profit; Not-for-profit institutions. USCIS uses the data collected
on this form to determine the eligibility of a business to petition for a nonimmigrant worker to
come to the United States temporarily to perform services or labor, or to receive training, as an
H-1B, H-2A, H-2B, H-3, L-1, O-1, O-2, P-1, P-1S, P-2, P-2S, P-3, P-3S, Q-1, or R-1
nonimmigrant worker. Petitioners may also use this form to request an extension of stay in or
change of status to E-1, E-2, E-3, H-1B1 or TN, or one of the above classifications for an alien.
collection Form I-129 is 572,606 and the estimated hour burden per response is 2.157 hours; the
estimated total number of respondents for the information collection E-1/E-2 Classification
Supplement is 12,050 and the estimated hour burden per response is 0.67; the estimated total
number of respondents for the information collection Trade Agreement Supplement to Form I-
129 is 12,945 and the estimated hour burden per response is 0.67; the estimated total number of
respondents for the information collection H Classification Supplement to Form I-129 is 471,983
and the estimated hour burden per response is 2; the estimated total number of respondents for
the information collection H-1B and H-1B1 Data Collection and Filing Fee Exemption
Supplement is 398,936 and the estimated hour burden per response is 1; the estimated total
number of respondents for the information collection L Classification Supplement to Form I-129
is 40,358 and the estimated hour burden per response is 1.34; the estimated total number of
respondents for the information collections O and P Classifications Supplement to Form I-129 is
28,434 and the estimated hour burden per response is 1; the estimated total number of
respondents for the information collection Q-1 Classification Supplement to Form I-129 is 54
and the estimated hour burden per response is 0.34; the estimated total number of respondents for
the information collection R-1 Classification Supplement to Form I-129 is 6,782 and the
estimated hour burden per response is 2.34.
total estimated annual hour burden associated with this collection is 2,693,162 hours.
USCIS Form I-129CW; I-129CWR
utility;

(2) Title of the Form/Collection: Petition for a CNMI-Only Nonimmigrant Transitional
Worker; Semiannual Report for CW-1 Workers.
collection: I-129CW; I-129CWR; USCIS.
Primary: Business and other for-profit. USCIS uses the data collected on Form I-129CW to
determine eligibility for the requested immigration benefits. An employer uses Form I-129CW to
petition USCIS for a noncitizen to temporarily enter as a nonimmigrant into the CNMI to
perform services or labor as a CW-1 worker. An employer also uses Form I-129CW to request
an extension of stay or change of status on behalf of the noncitizen worker. Form I-129CW
serves the purpose of standardizing requests for these benefits and ensuring that the basic
information required to determine eligibility is provided by the petitioners.
Form I-129CWR, Semiannual Report for CW-1 Employers, is used by employers to
comply with the reporting requirements imposed by the Workforce Act. Form I-129CWR
captures data USCIS requires to help verify the continuing employment and payment of the CW-
1 worker. DHS may provide such semiannual reports to other Federal partners, including the
U.S. Department of Labor (DOL) for investigative or other use as DOL may deem appropriate.
Congress expressly provided for these semiannual reports to be shared with DOL. 48 U.S.C.
1806(d)(3)(D)(ii).
collection Form I-129CW is 5,975 and the estimated hour burden per response is 3.317 hours;
the estimated total number of respondents for the information collection Form I-129CWR is
5,975 and the estimated hour burden per response is 2.5 hours.
USCIS Form I-129F
Comments are encouraged and will be accepted for 60 days from the publication date of the
proposed rule. All submissions received must include the OMB Control Number 1615-0001 in
the body of the letter and the agency name. Comments on this information collection should
(1) Evaluate whether the collection of information is necessary for the proper performance
of the functions of the agency including whether the information will have practical utility;

(2) Title of the Form/Collection: Petition for Alien Fiancé(e).
collection: I-129F; USCIS.
Primary: Individuals and Households. Form I-129F must be filed with U.S. Citizenship and
Immigration Services (USCIS) by a citizen of the United States in order to petition for an alien
spouse, fiancé(e), or child.
(5) An estimate of the total number of respondents and the amount of time estimated for an
average respondent to respond: The estimated total number of respondents for the information
collection Form I-129F is 47,700 and the estimated hour burden per response is 3.067 hours; the
estimated total number of respondents for biometrics processing is 47,700 and the estimated hour
burden per response is 1.17 hours.
USCIS Form I-129S

utility;
(2) Title of the Form/Collection: Nonimmigrant Petition Based on Blanket L Petition.
collection: I-129S; USCIS.
Primary: Business or other for-profit. Employers seeking to classify employees outside the
United States as executives, managers, or specialized knowledge professionals, as nonimmigrant
intra-company transferees pursuant to a previously approved blanket petition under sections
214(c)(2) and 101(a)(15)(L) of the Act, may file this form. USCIS uses the information provided
through this form to assess whether the employee meets the requirements for L-1 classification
under blanket L petition approval. Submitting this information to USCIS is voluntary. USCIS
may provide the information provided through this form to other Federal, State, local, and
foreign government agencies and authorized organizations, and may also be made available, as
appropriate, for law enforcement purposes or in the interest of national security.

collection Form I-129S is 75,000 and the estimated hour burden per response is 2.817 hours.
USCIS Form I-130; I-130A
utility;

(2) Title of the Form/Collection: Petition for Alien Relative; Supplemental Information
for Spouse Beneficiary.
collection: I-130; I-130A; USCIS.
Primary: Individuals or households. Form I-130 allows U.S. citizens or lawful permanent
residents of the United States to petition on behalf of certain alien relatives who wish to
immigrate to the United States. Form I-130A allows for the collection of additional information
for spouses of the petitioners necessary to facilitate a decision.
collection Form I-130 paper filing is 437,500 and the estimated hour burden per response is
1.817 hours; the estimated total number of respondents for the information collection Form I-
130A is 40,775 and the estimated hour burden per response is 0.833 hours; and the estimated
total number of respondents for the information collection Form I-130 online filing is 437,500
and the estimated hour burden per response is 1.5 hours.
USCIS Form I-131
utility;
(2) Title of the Form/Collection: Application for Travel Document, Form I-131;
Extension, Without Change, of a Currently Approved Collection.
Primary: Individuals or households. Certain noncitizens, principally permanent or conditional
residents, refugees or asylees, applicants for adjustment of status, noncitizens in TPS, DACA
recipients, and noncitizens abroad seeking humanitarian parole who need to apply for a travel
document to lawfully enter or re-enter the United States. Lawful permanent residents may now
file requests for travel permits (transportation letter or boarding foil).
collection I-131 is 483,920 and the estimated hour burden per response is 1.717 hours; the
estimated total number of respondents for biometrics processing is 84,000 and the estimated hour
burden per response is 1.17 hours, the estimated total number of respondents for passport-style
photos is 380,000 and the estimated hour burden per response is 0.5 hours.
USCIS Form I-131A
utility;

(2) Title of the Form/Collection: Application for Carrier Documentation.
collection: I-131A; USCIS.
Primary: Individuals or households. USCIS uses the information provided on Form I-131A to
verify the status of permanent or conditional residents and determine whether the applicant is
eligible for the requested travel document.
collection Form I-131A is 5,100 and the estimated hour burden per response is 0.837 hours;
biometrics processing is 5,100 and the estimated hour burden per response is 1.17 hours.
USCIS Form I-140
Comments are encouraged and will be accepted for 60 days from the publication date of the
proposed rule. All submissions received must include the OMB Control Number 1615-0015 in
the body of the letter and the agency name. Comments on this information collection should
utility;
(2) Title of the Form/Collection: Immigrant Petition for Alien Workers.
Primary: Business or other for-profit; Not-for-profit institutions. The information collected on
this form will be used by USCIS to determine eligibility for the requested immigration benefits
under section 203(b)(1), 203(b)(2), or 203(b)(3) of the Immigration and Nationality Act.
USCIS Form I-191
utility;

(2) Title of the Form/Collection: Application for Relief Under Former Section 212(c) of
the Immigration and Nationality Act.
Primary: Individuals or households. USCIS and EOIR use the information on the form to
properly assess and determine whether the applicant is eligible for a waiver under former section
212(c) of INA.
collection Form I-191 is 116 and the estimated hour burden per response is 1.567 hours.
total estimated annual hour burden associated with this collection is 182 hours.
USCIS Form I-192
utility;
(2) Title of the Form/Collection: Application for Advance Permission to Enter as
Nonimmigrant (Pursuant to Section 212(d)(3)(A)(ii) of the INA).
Primary: Individuals or households. The data collected will be used by CBP and USCIS to
determine whether the applicant is eligible to enter the United States temporarily under the
provisions of section 212(d)(3), 212(d)(13), and 212(d)(14) of the INA. The respondents for this
information collection are certain inadmissible nonimmigrant aliens who wish to apply for
permission to enter the United States and applicants for T nonimmigrant status or petitioners for
U nonimmigrant status. CBP has developed an electronic filing system, called Electronic
Secured Adjudication Forms Environment (e-SAFE), through which Form I-192 can be
submitted when filed with CBP.
(5) An estimate of the total number of respondents and the amount of time estimated for an
average respondent to respond: The estimated total number of respondents for the information
estimated total number of respondents for the information collection e-SAFE is 7,000 and the
estimated hour burden per response is 1.25 hours.
USCIS Form I-212
utility;
(2) Title of the Form/Collection: Application for Permission to Reapply for Admission
into the United States After Deportation or Removal.
Primary: Individuals or households. USCIS uses the data collected on Form I-212 to determine
whether an alien is eligible for and should be granted the benefit of consent to reapply for
admission into the United States. This form standardizes requests for consent to reapply and its
data collection requirements ensure that, when filing the application, the alien provides the basic
information that is required to assess eligibility for consent to reapply.
collection Form I-212 paper filing is 7,000 and the estimated hour burden per response is 1.817
hours. The estimated total number of respondents for the information collection I-212 (online
filing via CBP e-SAFE) is 1,200 and the estimated hour burden per response is 1.817 hours. The
estimated total number of respondents for the information collection biometric submission is 350
USCIS Form I-290B
utility;
(2) Title of the Form/Collection: Notice of Appeal or Motion.
collection: I-290B; USCIS.

Primary: Individuals or households. Form I-290B standardizes requests for appeals and motions
and ensures that the basic information required to adjudicate appeals and motions is provided by
applicants and petitioners, or their attorneys or representatives. USCIS uses the data collected on
Form I-290B to determine whether an applicant or petitioner is eligible to file an appeal or
motion, whether the requirements of an appeal or motion have been met, and whether the
applicant or petitioner is eligible for the requested immigration benefit. Form I-290B can also be
filed with ICE by schools appealing decisions on Form I-17 filings for certification to ICE’s
Student and Exchange Visitor Program (SEVP).
collection Form I-290B is 28,000 and the estimated hour burden per response is 1.317 hours.
USCIS Form I-360

utility;
(2) Title of the Form/Collection: Petition for Amerasian, Widow(er), or Special
Immigrant.
Primary: Individuals and households. The Form I-360 may be used by an Amerasian; a widow or
widower; a battered or abused spouse or child of a U.S. citizen or lawful permanent resident; a
battered or abused parent of a U.S. citizen son or daughter; or a special immigrant (religious
worker, Panama Canal company employee, Canal Zone government employee, U.S. Government
employee in the Canal Zone; physician, international organization employee or family member,
juvenile court dependent; armed forces member; Afghanistan or Iraq national who supported the
U.S. Armed Forces as a translator; Iraq national who worked for the or on behalf of the U.S.
Government in Iraq; or Afghan national who worked for or on behalf of the U.S. Government or
the International Security Assistance Force [ISAF] in Afghanistan) who intend to establish their
eligibility to immigrate to the United States. The data collected on this form is reviewed by U.S.
Citizenship and Immigration Services (USCIS) to determine if the petitioner may be qualified to
obtain the benefit. The data collected on this form will also be used to issue an employment
authorization document upon approval of the petition for battered or abused spouses, children,
and parents, if requested.
collection Petition for Amerasian, Widower, or Special Immigration (Form I-360): Iraqi &
Afghan Petitioners is 1,916 and the estimated hour burden per response is 2.917 hours; the
estimated total number of respondents for the information collection Petition for Amerasian,
Widower, or Special Immigration (Form I-360): Religious Workers is 2,393 and the estimated
hour burden per response is 2.167 hours; the estimated total number of respondents for the
information collection Petition for Amerasian, Widower, or Special Immigration (Form I-
360): All Others is 14,362 and the estimated hour burden per response is 1.917 hours.
USCIS Form I-485; I-485A; I-485J

utility;
(2) Title of the Form/Collection: Application to Register Permanent Residence or Adjust
Status; Supplement A to Form I-485, Adjustment of Status Under Section 245(i); Confirmation
of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j).
collection: I-485; I-485A; I-485J; USCIS.
Primary: Individuals or households. Form I-485 is used by all applicants seeking to adjust status
to lawful permanent resident under INA section 245(a). Supplement A to Form I-485 is used by
a subset of applicants seeking to adjust status under INA section 245(i). Supplement J is used by
applicants whose adjustment of status is based on an approved employment-based immigrant
visa petition that requires a job offer.
estimated total number of respondents for the information collection Form I-485A is 29,213 and
the estimated hour burden per response is 1.067 hours; the estimated total number of respondents
for the information collection Form I-485J is 37,358 and the estimated hour burden per response
is 0.917; the estimated total number of respondents for the information collection biometrics
submission is 690,837 and the estimated hour burden per response is 1.17.
estimated total annual cost burden associated with this collection of information is
$1,093,101,980.
USCIS Form I-539; I-539A

utility;
(2) Title of the Form/Collection: Application to Extend/Change Nonimmigrant Status;
Supplement A to Form I-539A.
collection: I-539; I-539A; USCIS.
Primary: Individuals and households. This form is used by nonimmigrants to apply for an
extension of stay, for a change to another nonimmigrant classification, or to obtain V
nonimmigrant classification.
collection Form I-539 (paper) is 174,289 and the estimated hour burden per response is 1.817
hours, the estimated total number of respondents for the information collection I-539 (electronic)
is 74,696 and the estimated hour burden per response is 1.083 hours; and the estimated total
number of respondents for the information collection I-539A is 54,375 and the estimated hour
burden per response is 0.5 hours; biometrics processing is 186,738 total respondents requiring an
estimated 1.17 hours per response.
USCIS Form I-566
utility;

(2) Title of the Form/Collection: Interagency Record of Request -- A, G or NATO
Dependent Employment Authorization or Change/Adjustment to/from A, G or NATO Status.
Primary: Individuals and households. The data on this form is used by Department of State
(DOS) to certify to USCIS eligibility of dependents of A or G principals requesting employment
authorization, as well as for NATO/Headquarters, Supreme Allied Commander Transformation
(NATO/HQ SACT) to certify to USCIS similar eligibility for dependents of NATO principals.
DOS also uses this form to certify to USCIS that certain A, G, or NATO nonimmigrants may
change their status to another nonimmigrant status. USCIS, on the other hand, uses data on this
form in the adjudication of change or adjustment of status applications from aliens in A, G, or
NATO classifications and following any such adjudication informs DOS of the results by use of
this form. The information provided on this form continues to ensure effective interagency
communication among the three governmental departments—the Department of Homeland
Security (DHS), DOS, and the Department of Defense (DOD)—as well as with NATO/HQ
SACT. These departments and organizations utilize this form to facilitate the uniform collection
and review of information necessary to determine an alien's eligibility for the requested
immigration benefit. This form also ensures that the information collected is communicated
among DHS, DOS, DOD, and NATO/HQ SACT regarding each other's findings or actions.
an average respondent to respond: The estimated total number of respondents for the
information collection Form I-566 is 5,800 and the estimated hour burden per response is 1.337
hours.
USCIS Form I-600; I-600A; Supplement 1; Supplement 2; Supplement 3
utility;
(2) Title of the Form/Collection: Petition to Classify Orphan as an Immediate Relative;

Application for Advance Processing of an Orphan Petition; Supplement 1, Listing of an Adult
Member of the Household; Supplement 2, Consent to Disclose Information; and Supplement 3,
Request for Action on Approved Form I-600A/I-600.
collection: Form I-600, Form I-600A, Form I-600A/I-600 Supplement 1, Form I-600A/I-600
Supplement 2, Form I-600A/I-600 Supplement 3; USCIS.
Primary: Individuals or households. A U.S. citizen adoptive parent may file a petition to classify
an orphan as an immediate relative through Form I-600 under section 101(b)(1)(F) of the INA. A
U.S. citizen prospective adoptive parent may file Form I-600A in advance of the Form I-600
filing and USCIS will determine the prospective adoptive parent’s eligibility to file Form I-600A
and their suitability and eligibility to properly parent an orphan. If there are other adult members
of the U.S. citizen prospective/adoptive parent’s household, as defined at 8 CFR 204.301, the
prospective/adoptive parent must include Form I-600A/I-600 Supplement 1 when filing both
Form I-600A and Form I-600. A Form I-600A/I-600 Supplement 2, Consent to Disclose
Information, is an optional form that a U.S. citizen prospective/adoptive parent may file to
authorize USCIS to disclose case-related information that would otherwise be protected under
the Privacy Act, 5 U.S.C. 552a, to adoption service providers or other individuals. Form I-
600A/I-600 authorized disclosures will assist USCIS in the adjudication of Forms I-600A and I-
600. USCIS has created a new Form I-600A/I-600 Supplement 3, Request for Action on
Approved Form I-600A/I-600, for this information collection. Form I-600A/I-600 Supplement 3
is a form that prospective/adoptive parents must use if they need to request action such as an
extended suitability determination; updated suitability determination based upon a significant
change in their circumstances or change in the number or characteristics of the children they
intend to adopt or a change in their intended country of adoption; or a request for a duplicate
notice of their approved Form I-600A suitability determination.

the estimated hour burden per response is 0.817 hours; the estimated total number of respondents
for the information collection Form I-600/I-600A Supplement 1 is 301 and the estimated hour
burden per response is 1 hour; the estimated total number of respondents for the information
collection Form I-600/I-600A Supplement 2 is 1,260 and the estimated hour burden per response
is 0.25 hours; the estimated total number of respondents for the information collection Form I-
600/I-600A Supplement 3 is 1,286 and the estimated hour burden per response is 1 hours; the
estimated total number of respondents for the Home Study information collection is 2,500 and
the estimated hour burden per response is 25 hours; the estimated total number of respondents
for the Biometrics information collection is 2,520 and the estimated hour burden per response is
1.17 hours; the estimated total number of respondents for the Biometrics – DNA information
collection is 2 and the estimated hour burden per response is 6 hours.
USCIS Form I-601
utility;
(2) Title of the Form/Collection: Application for Waiver of Grounds of Inadmissibility.
Primary: Individuals and households. Form I-601 is necessary for USCIS to determine whether
the applicant is eligible for a waiver of inadmissibility under section 212 of the Act.
Furthermore, this information collection is used by individuals who are seeking Temporary
Protected Status (TPS).
USCIS Form I-601A
utility;
(2) Title of the Form/Collection: Application for Provisional Unlawful Presence Waiver.
collection: I-601A; USCIS.
Primary: Individuals and households. Section 212(a)(9)(B)(i)(I) and (II) of the Immigration and
Nationality Act (INA or the Act) provides for the inadmissibility of certain individuals who have
accrued unlawful presence in the United States. There is also a waiver provision incorporated
into section 212(a)(9)(B)(v) of the Act, which allows the Secretary of Homeland Security to
exercise discretion to waive the unlawful presence grounds of inadmissibility on a case-by-case
basis. The information collected from an applicant on an Application for Provisional Unlawful
Presence Waiver of Inadmissibility, Form I-601A, is necessary for U.S. Citizenship and
Immigration Services (USCIS) to determine not only whether the applicant meets the
requirements to participate in the streamlined waiver process provided by regulation, but also
whether the applicant is eligible to receive the provisional unlawful presence waiver.
collection Form I-601A is 63,000 and the estimated hour burden per response is 1.317 hours: the
estimated total number of respondents for the collection of biometrics is 63,000 and the
USCIS Form I-602
utility;
(2) Title of the Form/Collection: Application by Refugee for Waiver of Grounds of
Excludability.
Primary: Individuals and households. The data collected on the Application by Refugee for
Waiver of Inadmissibility Grounds, Form I-602, will be used by USCIS to determine eligibility
for waivers, and to report to Congress the reasons for granting waivers.
collection Form I-602 is 240 and the estimated hour burden per response is 7.917 hours.
USCIS Form I-612
utility;

(2) Title of the Form/Collection: Application for Waiver of the Foreign Residence
Requirement (Under Section 212(e) of the INA, as Amended).
Primary: Individuals and households. This information collection is necessary and may be
submitted only by an alien who believes that compliance with foreign residence requirements
would impose exceptional hardship on his or her spouse or child who is a citizen of the United
States, or a lawful permanent resident; or that returning to the country of his or her nationality or
last permanent residence would subject him or her to persecution on account of race, religion, or
political opinion. Certain aliens admitted to the United States as exchange visitors are subject to
the foreign residence requirements of section 212(e) of the Immigration and Nationality Act (the
Act). Section 212(e) of the Act also provides for a waiver of the foreign residence requirements
in certain instances.
USCIS Form I-690; Supplement A
utility;
(2) Title of the Form/Collection: Application for Waiver of Grounds of Inadmissibility;
Supplement A: Applicants with a Class A Tuberculosis Condition (As Defined by HHS
Regulations).
collection: I-690; Supplement A; USCIS.
Primary: Individuals and households. Applicants for lawful permanent residence under INA
sections 210 or 245A who are inadmissible under certain grounds of inadmissibility at INA
section 212(a) would use Form I-690 to seek a waiver of inadmissibility. USCIS uses the
information provided through Form I-690 to adjudicate waiver requests from individuals who are
inadmissible to the United States. Based upon the instructions provided, a respondent can gather
and submit the required documentation to USCIS for consideration of an inadmissibility waiver.
collection Form I-690 is 30 and the estimated hour burden per response is 2.817 hours; the
estimated total number of respondents for the information collection Supplement A is 11 and the
estimated hour burden per response is 2 hours.
USCIS Form I-698
utility;
(2) Title of the Form/Collection: Application to Adjust Status from Temporary to
Permanent Resident (Under Section 245A of the INA).
Primary: Individuals and households. The data collected on Form I-698 is used by USCIS to
determine the eligibility to adjust an applicant's residence status.
estimated total number of respondents for biometrics processing is 100 and the estimated hour
burden per response is 1.17 hours.
USCIS Form I-751

utility;
(2) Title of the Form/Collection: Petition to Remove Conditions on Residence.
Primary: Individuals and households. The information collected on Form I-751 is used by U.S.
Citizenship and Immigration Services (USCIS) to verify the alien's status and determine whether
he or she is eligible to have the conditions on his or her status removed. Form I-751 serves the
purpose of standardizing requests for benefits and ensuring that basic information required to
assess eligibility is provided by petitioners.
estimated total number of respondents for the information collection biometrics is 306,000 and
the estimated hour burden per response is 1.17 hours.
USCIS Form I-765; I-765WS
utility;

(2) Title of the Form/Collection: Application for Employment Authorization; I-765
Worksheet.
collection: I-765; I-765WS; USCIS.
Primary: Individuals or households. USCIS uses Form I-765 to collect information needed to
determine if a noncitizen is eligible for an initial EAD, a new replacement EAD, or a
subsequent EAD upon the expiration of a previous EAD under the same eligibility category.
Noncitizens in many immigration statuses are required to possess an EAD as evidence of work
authorization.
information collection I-765 paper filing is 1,830,347 and the estimated hour burden per
response is 4.317 hours; the estimated total number of respondents for the information
collection I-765 online filing is 455,653 and the estimated hour burden per response is 4 hours;
the estimated total number of respondents for the information collection I-765WS is 302,000
and the estimated hour burden per response is 0.5 hours; the estimated total number of
respondents for the information collection biometrics submission is 302,535 and the estimated
hour burden per response is 1.17 hours; the estimated total number of respondents for the
information collection passport photos is 2,286,000 and the estimated hour burden per response
is 0.5 hours.
estimated total annual cost burden associated with this collection of information is
$400,895,820.
USCIS Form I-765V
utility;

(2) Title of the Form/Collection: Application for Employment Authorization for Abused
Nonimmigrant Spouse.
collection: I-765V; USCIS.
Primary: Individuals and households. U.S. Citizenship and Immigration Services (USCIS) will
use Form I-765V, Application for Employment Authorization for Abused Nonimmigrant Spouse,
to collect the information that is necessary to determine if the applicant is eligible for an initial
EAD or renewal EAD as a qualifying abused nonimmigrant spouse. Aliens are required to
possess an EAD as evidence of work authorization. To be authorized for employment, an alien
must be lawfully admitted for permanent residence or authorized to be so employed by the INA
or under regulations issued by DHS. Pursuant to statutory or regulatory authorization, certain
classes of aliens are authorized to be employed in the United States without restrictions as to
location or type of employment as a condition of their admission or subsequent change to one of
the indicated classes. USCIS may determine the validity period assigned to any document issued
evidencing an alien’s authorization to work in the United States. USCIS also collects biometric
information from EAD applicants to verify the applicant’s identity, check or update their
background information, and produce the EAD card.
collection Form I-765V is 350 and the estimated hour burden per response is 3.567 hours; the
estimated total number of respondents for the information collection biometric submission is 350

USCIS Form I-817
utility;

(2) Title of the Form/Collection: Application for Benefits Under the Family Unity
Program Application.
Primary: Individuals and households. The information collected will be used to determine
whether the applicant meets the eligibility requirements for benefits under 8 CFR 236.14 and
245a.33.
estimated number of respondents providing biometrics is 1,000 and the estimated hour burden
per response is 1.17 hours.
USCIS Form I-821
utility;
(2) Title of the Form/Collection: Application for Temporary Protected Status.
Primary: Individuals and households. Form I-821 used by USCIS to gather information
necessary to determine if an applicant is eligible for Temporary Protected Status.
collection Form I-821 (paper filed) is 453,600 and the estimated hour burden per response is
2.227 hours; the estimated total number of respondents for the information collection Form I-821
(online filed) is 113,400 and the estimated hour burden per response is 1.92 hours; the estimated
total number of respondents for the information collection Biometrics Submission is 567,000 and
USCIS Form I-821D
utility;

(2) Title of the Form/Collection: Consideration of Deferred Action for Childhood
Arrivals.
collection: Form I-821D; USCIS.
Primary: Individuals or households. As part of the administration of its programs, certain
noncitizens may use this form to request that USCIS exercise its prosecutorial discretion on a
case-by-case basis to defer action in their case.
collection I-821D Initial Request (paper) is 112,254 and the estimated hour burden per response
is 2.817 hours. The estimated total number of respondents for the information collection I-821D
Renewal Request (paper) is 221,167 and the estimated hour burden per response is 2.817 hours.
The estimated total number of respondents for the information collection I-821D Renewal
Request (Online) is 55,292 and the estimated hour burden per response is 2.482 hours. The
estimated total number of respondents for the information collection I-821D Biometrics
submission is 388,713 and the estimated hour burden per response is 1.17 hours.
USCIS Form I-824
utility;
(2) Title of the Form/Collection: Application for Action on an Approved Application.
Primary: Individuals and households. This information collection is used to request a duplicate
approval notice, as well as to notify and to verify with the U.S. Consulate that a petition has been
approved or that a person has been adjusted to permanent resident status.

USCIS Form I-881
utility;

(2) Title of the Form/Collection: Application for Suspension of Deportation or Special
Rule Cancellation of Removal (Pursuant to Sec. 203 of Pub. L. 105-100).
Primary: Individuals and households. The data collected on the Form I-881 is used by
Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS)
asylum officers, Department of Justice (DOJ), EOIR immigration judges, and Board of
Immigration Appeals board members. The Form I-881 is used to determine eligibility for
suspension of deportation or special rule cancellation of removal under Section 203 of
NACARA. The form serves the purpose of standardizing requests for the benefits and ensuring
that basic information required for assessing eligibility is provided by the applicants.
estimated total number of respondents for the information collection Biometrics Submission is
858 and the estimated hour burden per response is 1.17 hours.
USCIS Form I-90

utility;
(2) Title of the Form/Collection: Application to Replace Permanent Resident Card.
Primary: Individuals and households. Form I-90 is used by USCIS to determine eligibility to
replace a Lawful Permanent Resident Card.

collection Form I-90 (paper filed) is 444,601 and the estimated hour burden per response is 1.817
hours; the estimated total number of respondents for the information collection I-90 (electronic)
is 296,400 and the estimated hour burden per response is 1.59 hours; and the estimated total
number of respondents for the information collection biometrics is 741,001 and the estimated
hour burden per response is 1.17 hours.
total estimated annual hour burden associated with Form I-90 is 2,146,087 hours.
USCIS Form I-907
utility;
(2) Title of the Form/Collection: Request for Premium Processing Service.
Primary: Individuals and households. USCIS uses the data collected through this form to process
a request for premium processing. The form serves the purpose of standardizing requests for
premium processing and will ensure that basic information required to assess eligibility is
provided by the employers/petitioners.
USCIS Form I-910

utility;
(2) Title of the Form/Collection: Application for Civil Surgeon Designation.
Primary: Businesses or nonprofits. This information collection is required to determine whether a
physician meets the statutory and regulatory requirements for civil surgeon designation. For
example, all documents are reviewed to determine whether the physician has a currently valid
medical license and whether the physician has had any disciplinary action taken against him or
her by the medical licensing authority of the U.S. state(s) or U.S. territories in which he or she
practices. If the Application for Civil Surgeon Designation (Form I-910) is approved, the
physician is included in USCIS's public Civil Surgeon Locator and is authorized to complete
Form I-693 (OMB Control Number 1615-0033) for an applicant's adjustment of status.
collection I-910 is 470 and the estimated hour burden per response is 1.817 hours.
USCIS Form I-912
utility;

(2) Title of the Form/Collection: Application for Fee Waiver.
Primary: Individuals or households. USCIS uses the data collected on this form to verify that the
applicant is unable to pay for the immigration benefit being requested. USCIS will consider
waiving a fee for an application or petition when the applicant or petitioner demonstrates that
they are unable to pay the fee. Form I-912 standardizes the collection and analysis of statements
and supporting documentation provided by the applicant with the fee waiver request. Form I-912
also streamlines and expedites USCIS’ review, approval, or denial of the fee waiver request by
clearly laying out the most salient data and evidence necessary for the determination of inability
to pay. Officers evaluate all factors, circumstances, and evidence supplied in support of a fee
waiver request when making a final determination. Each case is unique and is considered on its
own merits. If the fee waiver is granted, the application will be processed. If the fee waiver is not
granted, USCIS will notify the applicant and instruct them to file a new application with the
appropriate fee.
collection Form I-912 is 602,400 and the estimated hour burden per response is 1.17. The
estimated total number of respondents for the information collection 8 CFR 103.7(d) Director's
Exception Request is 128 and the estimated hour burden per response is 1.17.
USCIS Form I-914; I-914A; I-914B
utility;

(2) Title of the Form/Collection: Application for T nonimmigrant status; Supplement A,
Application for Family Member of T-1 Recipient; Supplement B, Declaration of Law
Enforcement Officer for Victim of Trafficking in Persons.
collection: I-914; I-914A; I-914B; USCIS.
Primary: Individuals or households; Federal Government; State, local or Tribal Government. The
information on all three parts of the form will be used to determine whether applicants meet the
eligibility requirements for benefits. This application incorporates information pertinent to
eligibility under the Victims of Trafficking and Violence Protection Act (VTVPA), Public Law
106-386, and a request for employment authorization.
the estimated hour burden per response is 1.083 hour; the estimated total number of respondents
for the information collection Form I-914B Law Enforcement Officer completion activity is 459
and the estimated hour burden per response is 3.58 hour; the estimated total number of
respondents for the information collection Form I-914B Contact by Respondent to Law
Enforcement is 459 and the estimated hour burden per response is 0.25 hour; the estimated total
number of respondents for the information collection biometrics submission is 2,430 and the
estimated hour burden per response is 1.17 hour.
estimated total annual cost burden associated with this collection of information is $0.
USCIS Form I-918; I-918A; I-918B
utility;
(2) Title of the Form/Collection: Application for U Nonimmigrant Status; Supplement A,
Petition for Qualifying Family Member of a U-1 Recipient; Supplement B, U Nonimmigrant
Status Certification.
collection: I-918; I-918A; I-918B; USCIS.
Primary: Individuals or households; Federal Government; or State, local or Tribal Government.
This petition permits victims of certain qualifying criminal activity and their immediate family
members to apply for temporary nonimmigrant classification. This nonimmigrant classification
provides temporary immigration benefits, potentially leading to permanent resident status, to
certain victims of criminal activity who: suffered substantial mental or physical abuse as a result
of having been a victim of criminal activity; have information regarding the criminal activity;
and assist Government officials in investigating and prosecuting such criminal activity.
collection I-918 is 29,400 and the estimated hour burden per response is 5 hours. The estimated
total number of respondents for the information collection I-918A is 17,900 and the estimated
hour burden per response is 1.5 hour. The estimated total number of respondents for the
information collection I-918B is 29,400 and the estimated hour burden per response is 1 hour.
The estimated total number of respondents for the information collection biometrics submission
is 47,300 and the estimated hour burden per response is 1.17 hours.
USCIS Form I-929
utility;
(2) Title of the Form/Collection: Petition for Qualifying Family Member of a U-1
Nonimmigrant.
Primary: Individuals and Households. Section 245(m) of the Immigration and Nationality Act
(Act) allows certain qualifying family members who have never held U nonimmigrant status to
seek lawful permanent residence or apply for immigrant visas. Before such family members may
apply for adjustment of status or seek immigrant visas, the U-1 nonimmigrant who has been
granted adjustment of status must file an immigrant petition on behalf of the qualifying family
member using Form I-929. Form I-929 is necessary for USCIS to determine whether the
eligibility requirements and conditions for a qualifying family member are met.
USCIS Form I-941
utility;
(2) Title of the Form/Collection: Application for Entrepreneur Parole.
Primary: Individuals or households. Entrepreneurs can use this form to make an initial request
for parole based upon significant public benefit; make a subsequent request for parole for an
additional period; or file an amended application to notify USCIS of a material change.
information collection Form I-941 is 2,940 and the estimated hour burden per response is 4.517
hours; the estimated total number of respondents for the information collection biometrics
submission is 2,940 and the estimated hour burden per response is 1.17 hours.
USCIS Form N-336
utility;
(2) Title of the Form/Collection: Request for a Hearing on a Decision in Naturalization
Proceedings Under Section 336.
collection: N-336; USCIS.
Primary: Individuals or households. Form N-336 is used by an individual whose Form N-400,
Application for Naturalization was denied, to request a hearing before an immigration officer on
the denial of the N-400. USCIS uses the information submitted on Form N-336 to locate the
requestor's file and schedule a hearing in the correct jurisdiction. It allows USCIS to determine if
there is an underlying Form N-400, Application for Naturalization that was denied, to warrant
the filing of Form N-336. The information collected also allows USCIS to determine if a member
of the U.S. armed forces has filed the appeal.
collection Form N-336 (paper filed) is 3,788 and the estimated hour burden per response is 2.567
hours; the estimated total number of respondents for the information collection Form N-336
(online filed) is 1,263 and the estimated hour burden per response is 2.5 hours.
USCIS Form N-400
utility;
(2) Title of the Form/Collection: Application for Naturalization.
Primary: Individuals or households. Form N-400, Application for Naturalization, allows USCIS
to fulfill its mission of fairly adjudicating naturalization applications and only naturalizing
statutorily eligible individuals. Naturalization is the process by which U.S. citizenship is granted
to a foreign citizen or national after he or she fulfills the requirements established by Congress in
the INA.
collection Form N-400 (paper filed) is 567,314 and the estimated hour burden per response is
8.987 hours; the estimated total number of respondents for the information collection N-400
(online filed) is 214,186 and the estimated hour burden per response is 3.5 hours; the estimated
total number of respondents for the information collection biometrics submission is 778,000 and

USCIS Form N-470
utility;

(2) Title of the Form/Collection: Application to Preserve Residence for Naturalization
Purposes.
Primary: Individuals and households. The information collected on Form N-470 will be used to
determine whether an alien who intends to be absent from the United States for a period of one
year or more is eligible to preserve residence for naturalization purposes.
collection Form N-470 is 120 and the estimated hour burden per response is 0.417 hours.
USCIS Form N-565

utility;
(2) Title of the Form/Collection: Application for Replacement of
Naturalization/Citizenship Document.
Primary: Individuals and households. U.S. Citizenship and Immigration Services (USCIS) uses
Form N-565 to determine the applicant's eligibility for a replacement document. An applicant
may file for a replacement if they were issued one of the documents described above and it was
lost, mutilated, or destroyed; if the document is incorrect due to a typographical or clerical error
by USCIS; if the applicant's name was changed by a marriage, divorce, annulment, or court order
after the document was issued and the applicant now seeks a document in the new name; or if the
applicant is seeking a change of the gender listed on their document after obtaining a court order,
a government-issued document, or a letter from a licensed health care professional recognizing
that the applicant's gender is different from that listed on their current document. The only
document that can be replaced on the basis of a change to the applicant's date of birth, as
evidenced by a court order or a document issued by the U.S. Government or the government of a
U.S. state, is the Certificate of Citizenship. If the applicant is a naturalized citizen who desires to
obtain recognition as a citizen of the United States by a foreign country, he or she may apply for
a special certificate for that purpose.
collection N-565 (paper-filed) is 13,270 and the estimated hour burden per response is 1.147
hours; the estimated total number of respondents for the information collection N-565 (online
filed) is 13,270 and the estimated hour burden per response is 0.917 hours; the estimated total
number of respondents for the photograph appointment is 26,340 (accounts for an estimated 200
respondents that file from overseas and do not need to attend a photo appointment) and the
USCIS Form N-600

utility;
(2) Title of the Form/Collection: Application for Certification of Citizenship.
Primary: Individuals and households. Form N-600 collects information from applicants who are
requesting a Certificate of Citizenship because they acquired United States citizenship either by
birth abroad to a U.S. citizen parent(s), adoption by a U. S. citizen parent(s), or after meeting
eligibility requirements including the naturalization of a foreign-born parent. Form N-600 can
also be filed by a parent or legal guardian on behalf of a minor child. The form standardizes
requests for the benefit and ensures that basic information required to assess eligibility is
provided by applicants.
collection N-600 (paper filing) is 27,500 and the estimated hour burden per response is 1.397
hours; the estimated total number of respondents for the information collection N-600 (online
filed) is 27,500 and the estimated hour burden per response is 0.75 hours; the estimated total
number of respondents for the information collection biometrics submission is 36,500 and the
USCIS Form N-600K
utility;

(2) Title of the Form/Collection: Application for Citizenship and Issuance of Certificate
under Section 322.
collection: N-600K; USCIS.
Primary: Individuals and households. Form N-600K is used by children who regularly reside in a
foreign country to claim U.S. citizenship based on eligibility criteria met by their U.S. citizen
parent(s) or grandparent(s). The form may be used by children under age 18. USCIS uses
information collected on this form to determine that the child has met all of the eligibility
requirements for naturalization under section 322 of the Immigration and Nationality Act (INA).
If determined eligible, USCIS will naturalize and issue the child a Certificate of Citizenship
before the child reaches age 18.
collection Form N-600K (paper filed) is 1,300 and the estimated hour burden per response is
1.897 hours; the estimated total number of respondents for the information collection Form N-
600K (online filed) is 1,700 and the estimated hour burden per response is 1.5 hours.
USCIS Form OMB-64

utility;
(2) Title of the Form/Collection: H-1B Registration Tool.
collection: OMB-64; USCIS.
Primary: Business or other for-profit. USCIS will use the data collected through the H-1B
Registration Tool to select a sufficient number of registrations projected to meet the applicable
H-1B cap allocations and to notify registrants whether their registration was selected.
an average respondent to respond: The estimated total number of business or other for-profit
respondents for the information collection H-1B Registration Tool is 35,500 with an estimated 3
responses per respondents and an estimated hour burden per response of 0.5167 hours. The
estimated total number of attorney respondents for the information collection H-1B Registration
Tool is 4,500 with an estimated 38 responses per respondents and an estimated hour burden per
response of 0.5167 hours.
estimated total annual cost burden associated with this collection of information is $0.00. Any
costs to respondents are captured in the Form I-129 information collection (OMB control number
1615-009).
Differences in information collection request respondent volume and fee model filing
volume projections.
DHS notes that the estimates of annual filing volume in the PRA section of this preamble are not
the same as those used in the model used to calculate the fee amounts proposed in this rule. For
example, the fee calculation model projects 1,666,500 Form I-765 filings while the estimated
total number of respondents for the information collection I-765 is 2,179,494. As stated in
section V.B.1.a of this preamble, the VPC forecasts USCIS workload volume based on short-
and long-term volume trends and time series models, historical receipts data, patterns (such as
level, trend, and seasonality), or correlations with historical events to forecast receipts. Workload
volume is used to determine the USCIS resources needed to process benefit requests and is the
primary cost driver for assigning activity costs to immigration benefits and biometric services in
the USCIS ABC model. DHS uses a different method for estimating the average annual number
of respondents for the information collection over the 3-year OMB approval of the control
number, generally basing the estimate on the average filing volumes in the previous 3 of 5-year
period, with less consideration of the volume effects on planned or past policy changes.
Nevertheless, when the information collection request is nearing expiration USCIS will update
the estimates of annual respondents based on actual results in the submission to OMB. The PRA
burden estimates are generally updated at least every 3 years. Thus, DHS expects that the PRA
estimated annual respondents will be updated to reflect the actual effects of this proposed rule
within a relatively short period after a final rule takes effect.
I. National Environmental Policy Act

DHS Directive 023-01 Rev. 01 (Directive) and Instruction Manual 023-01-001-01 Rev.
01 (Instruction Manual) establish the policies and procedures that DHS and its components use
to comply with the National Environmental Policy Act (NEPA) and the Council on
Environmental Quality (CEQ) regulations for implementing NEPA, 40 CFR parts 1500 through
1508.
The CEQ regulations allow Federal agencies to establish, with CEQ review and
concurrence, categories of actions (“categorical exclusions”) that experience has shown do not
have a significant effect on the human environment and, therefore, do not require an
Environmental Assessment or Environmental Impact Statement. 40 CFR 1507.3(e)(2)(ii),
1501.4.
The Instruction Manual establishes categorical exclusions that DHS has found to have no
such effect. See Appendix A, Table 1. Under DHS NEPA implementing procedures, for a
proposed action to be categorically excluded it must satisfy each of the following three
conditions: (1) the entire action clearly fits within one or more of the categorical exclusions; (2)
the action is not a piece of a larger action; and (3) no extraordinary circumstances exist that
create the potential for a significant environmental effect. Instruction Manual section V.B(2)(a)-
(c).
This proposed rule implements the authority in the INA to establish fees to fund
immigration and naturalization services of USCIS.
DHS has determined that this proposed rule does not individually or cumulatively have a
significant effect on the human environment because it clearly fits within categorical exclusions
A3(a) and (d) in Appendix A of the Instruction Manual established for rules of a strictly
administrative or procedural nature and actions that interpret or amend an existing regulation
without changing its environmental effect.
This proposed rule is not part of a larger action and presents no extraordinary
circumstances creating the potential for significant environmental effects. Therefore, this
proposed rule is categorically excluded from further NEPA review.
J. Family Assessment
Section 654 of the Treasury and General Government Appropriations Act, 1999 (Pub. L.
105–277) requires Federal agencies to issue a Family Policymaking Assessment for any rule that
may affect family well-being. Agencies must assess whether the regulatory action: (1) Impacts
the stability or safety of the family, particularly in terms of marital commitment; (2) impacts the
authority of parents in the education, nurture, and supervision of their children; (3) helps the
family perform its functions; (4) affects disposable income or poverty of families and children;
(5) if the regulatory action financially impacts families, are justified; (6) may be carried out by
State or local government or by the family; and (7) establishes a policy concerning the
relationship between the behavior and personal responsibility of youth and the norms of society.
If the determination is affirmative, then the Agency must prepare an impact assessment to
address criteria specified in the law. DHS has no data that indicate that this proposed rule will
have any impacts on disposable income or the poverty of certain families and children, including
U.S. citizen children. DHS acknowledges that this proposal would increase the fees that families
must submit and thus it may affect the disposable income for certain families. DHS has provided
a process to waive fees for immigration benefits when the person submitting the request is
unable to pay the fee. In addition, the proposed rule may provide USCIS with the funds
necessary to provide free services to certain disadvantaged populations, including abused
children and spouses, refugees, and victims of criminal activity or human trafficking. DHS
believes that the benefits of the new fees justify the financial impact on the family, that this
rulemaking’s impact is justified, and no further actions are required. DHS also determined that
this proposed rule will not have any impact on the autonomy or integrity of the family as an
institution.
List of Subjects
8 CFR Part 103
Administrative practice and procedure, Authority delegations (Government agencies),
Freedom of information, Privacy, Reporting and recordkeeping requirements, Surety bonds.
8 CFR Part 106
Immigration, User fees.
8 CFR Part 204
Administrative practice and procedure, Immigration, Reporting and recordkeeping
requirements.
8 CFR Part 212
Administrative practice and procedure, Aliens, Immigration, Passports and visas,
Reporting and recordkeeping requirements.
8 CFR Part 214
Administrative practice and procedure, Aliens, Cultural exchange program, Employment,
Foreign officials, Health professions, Reporting and recordkeeping requirements, Students.
8 CFR Part 240
Administrative practice and procedure, Aliens.

8 CFR Part 244
Administrative practice and procedure, Immigration.
8 CFR Part 245
Aliens, Immigration, Reporting and recordkeeping requirements.
8 CFR Part 245a
Aliens, Immigration, Reporting and recordkeeping requirements.
8 CFR Part 264
Aliens, Reporting and recordkeeping requirements.
8 CFR Part 274a
Administrative practice and procedure, Aliens, Employment, Penalties, Reporting and
recordkeeping requirements.
Accordingly, DHS proposes to amend chapter I of title 8 of the Code of Federal
Regulations as follows:
PART 103―IMMIGRATION BENEFIT REQUESTS; USCIS FILING
REQUIREMENTS; BIOMETRIC REQUIREMENTS; AVAILABILITY OF RECORDS
1. The authority citation for part 103 is revised to read as follows:
Authority: 5 U.S.C. 301, 552, 552a; 8 U.S.C. 1101, 1103, 1304, 1356, 1356b, 1372; 31
U.S.C. 9701; Pub. L. 107-296, 116 Stat. 2135 (6 U.S.C. 101 et seq.); Pub. L. 112-54, 125 Stat
550 (8 U.S.C. 1185 note); E.O. 12356, 47 FR 14874, 15557, 3 CFR, 1982 Comp., p. 166; 8 CFR
part 2.
2. Section 103.2 is amended by revising the fourth sentence of paragraph (a)(1) and
paragraphs (a)(7)(ii)(D) and (b)(19)(iii)(A) to read as follows:
§ 103.2 Submission and adjudication of benefit requests.
(a) * * *
(1) * * * Filing fees generally are non-refundable regardless of the outcome of the benefit
request, or how much time the adjudication requires, and any decision to refund a fee is at the
discretion of USCIS. * * *
*****
(7) * * *
(ii) * * *
(D) Submitted with the correct fee(s). If a check or other financial instrument used to
pay a fee is returned as unpayable because of insufficient funds, USCIS will resubmit the
payment to the remitter institution one time. If the instrument used to pay a fee is returned as
unpayable a second time, the filing may be rejected. Financial instruments returned as unpayable
for a reason other than insufficient funds will not be redeposited. Credit cards that are declined
will not be submitted a second time. If a check or other financial instrument used to pay a fee is
dated more than one year before the request is received, the payment and request may be
rejected.
*****
(b) * * *
(19) * * *
(iii) * * *
(A) USCIS will send secure identification documents, such as a Permanent Resident
Card or Employment Authorization Document, only to the applicant or self-petitioner unless the
applicant or self-petitioner specifically consents to having his or her secure identification
document sent to a designated agent or their attorney or accredited representative of record, as
specified on the form instructions.
*****
3. Section 103.7 is revised and republished to read as follows:
§ 103.7 Fees.
(a) Department of Justice (DOJ) fees. Fees for proceedings before immigration judges
and the Board of Immigration Appeals are described in 8 CFR 1003.8, 1003.24, and 1103.7.
(1) USCIS may accept DOJ fees. Except as provided in 8 CFR 1003.8, or as the
Attorney General otherwise may provide by regulation, any fee relating to any EOIR proceeding
may be paid to USCIS. Payment of a fee under this section does not constitute filing of the
document with the Board or with the immigration court. DHS will provide the payer with a
receipt for a fee and return any documents submitted with the fee relating to any immigration
court proceeding.
(2) DHS-EOIR biometric services fee. Fees paid to and accepted by DHS relating to any
immigration proceeding as provided in 8 CFR 1103.7(a) must include an additional $30 for DHS
to collect, store, and use biometric information.
(3) Waiver of court fees. An immigration judge may waive any fees prescribed under
this chapter for cases under their jurisdiction to the extent provided in 8 CFR 1003.8, 1003.24,
and 1103.7.
(b) USCIS fees. USCIS fees will be required as provided in 8 CFR part 106.
(c) Remittances. Remittances to the Board of Immigration Appeals must be made
payable to the “United States Department of Justice,” in accordance with 8 CFR 1003.8.
(d) Non-USCIS DHS immigration fees. The following fees are applicable to one or more
of the immigration components of DHS:
(1) DCL system costs fee. For use of a Dedicated Commuter Lane (DCL) located at
specific U.S. ports-of-entry by an approved participant in a designated vehicle:
(i) $80.00; or
(ii) $160.00 for a family (applicant, spouse and minor children); plus,
(iii) $42 for each additional vehicle enrolled.
(iv) The fee is due after approval of the application but before use of the DCL.
(v) This fee is non-refundable, but may be waived by DHS.
(2) Petition for Approval of School for Attendance by Nonimmigrant Student (Form I-
17). (i) For filing a petition for school certification: $3,000 plus, a site visit fee of $655 for each
location required to be listed on the form.

(ii) For filing a petition for school recertification: $1,250, plus a site visit fee of $655 for
each new location required to be listed on the form.
(3) Form I-68. For application for issuance of the Canadian Border Boat Landing Permit
under section 235 of the Act:
(i) $16.00; or
(ii) $32 for a family (applicant, spouse, and unmarried children under 21 years of age,
and parents of either spouse).
(4) Form I-94. For issuance of Arrival/Departure Record at a land border port-of-entry:
$6.00.
(5) Form I-94W. For issuance of Nonimmigrant Visa Waiver Arrival/Departure Form at
a land border port-of-entry under section 217 of the Act: $6.00.
(6) Form I-246. For filing application for stay of deportation under 8 CFR part 243:
$155.00. The application fee may be waived by DHS.
(7) Form I-823. For application to a PORTPASS program under section 286 of the Act:
(i) $25.00; or
(ii) $50.00 for a family (applicant, spouse, and minor children).
(iii) The application fee may be waived by DHS.
(iv) If fingerprints are required, the inspector will inform the applicant of the current
Federal Bureau of Investigation fee for conducting fingerprint checks before accepting the
application fee.
(v) The application fee (if not waived) and fingerprint fee must be paid to CBP before
the application will be processed. The fingerprint fee may not be waived.
(vi) For replacement of PORTPASS documentation during the participation period:
$25.00.
(8) Fee Remittance for F, J, and M Nonimmigrants (Form I-901). The fee for Form I-
901 is:
(i) For F and M students: $350.
(ii) For J-1 au pairs, camp counselors, and participants in a summer work or travel
program: $35.
(iii) For all other J exchange visitors (except those participating in a program sponsored
by the Federal Government): $220.
(iv) There is no Form I-901 fee for J exchange visitors in federally funded programs with
a program identifier designation prefix that begins with G-1, G-2, G-3, or G-7.
(9) Special statistical tabulations. The DHS cost of the work involved.
(10) Monthly, semiannual, or annual “Passenger Travel Reports via Sea and Air”
tables. (i) For the years 1975 and before: $7.00.
(ii) For after 1975: Contact: U.S. Department of Transportation, Transportation Systems
Center, Kendall Square, Cambridge, MA 02142.
(11) Request for Classification of a citizen of Canada to engage in professional business
activities pursuant to section 214(e) of the Act (Chapter 16 of the North American Free Trade
Agreement). $50.00.
(12) Request for authorization for parole of an alien into the United States. $65.00.
(13) Global Entry. Application for Global Entry: $100.
(14) U.S. Asia-Pacific Economic Cooperation (APEC) Business Travel Card.
Application fee: $70.
(15) Notice of Appeal or Motion (Form I-290B) filed with ICE SEVP. For a Form I-290B
filed with the Student and Exchange Visitor Program (SEVP): $675.
§ 103.17 Biometric services fee.
DHS may charge a fee to collect biometric information, to provide biometric collection
services, to conduct required national security and criminal history background checks, to verify
an individual’s identity, and to store and maintain this biometric information for reuse to support
other benefit requests. When a biometric services fee is required, USCIS may reject a benefit
request submitted without the correct biometric services.
§ 103.40 Genealogical research requests.
(a) Nature of requests. Genealogy requests are requests for searches and/or copies of
historical records relating to a deceased person, usually for genealogy and family history
research purposes.
(b) Forms. USCIS provides on its website at https://www.uscis.gov/records/genealogy
the required forms in electronic versions: Genealogy Index Search Request or Genealogy
Records Request.
(c) Required information. Genealogical research requests may be submitted to request
one or more separate records relating to an individual. A separate request must be submitted for
each individual searched. All requests for records or index searches must include the
individual’s:
(1) Full name (including variant spellings of the name and/or aliases, if any).
(2) Date of birth, at least as specific as a year.
(3) Place of birth, at least as specific as a country and preferably the country name at the
time of the individual’s immigration or naturalization.
(d) Optional information. To better ensure a successful search, a genealogical research
request may include each individual’s:
(1) Date of arrival in the United States.
(2) Residence address at time of naturalization.
(3) Names of parents, spouse, and children if applicable and available.
(e) Additional information required to retrieve records. For a Genealogy Records
Request, requests for copies of historical records or files must identify the record by number or
other specific data used by the Genealogy Program Office to retrieve the record as follows:
(1) C-Files must be identified by a naturalization certificate number.
(2) Forms AR-2 and A-Files numbered below 8 million must be identified by Alien
Registration Number.
(3) Visa Files must be identified by the Visa File Number. Registry Files must be
identified by the Registry File Number (for example, R-12345).
(f) Information required for release of records. (1) Documentary evidence must be
attached to a Genealogy Records Request or submitted in accordance with the instructions on the
Genealogy Records Request form.
(2) Search subjects will be presumed deceased if their birth dates are more than 100
years before the date of the request. In other cases, the subject is presumed to be living until the
requestor establishes to the satisfaction of USCIS that the subject is deceased.
(3) Documentary evidence of the subject’s death is required (including but not limited to
death records, published obituaries or eulogies, published death notices, church or bible records,
photographs of gravestones, and/or copies of official documents relating to payment of death
benefits).
(g) Index search. Requestors who are unsure whether USCIS has any record of their
ancestor, or who suspect a record exists but cannot identify that record by number, may submit a
request for index search. An index search will determine the existence of responsive historical
records. If no record is found, USCIS will notify the requestor accordingly. If records are
found, USCIS will give the requestor electronic copies of records stored in digital format for no
additional fee. For records found that are stored in paper format, USCIS will give the requestor
the search results, including the type of record found and the file number or other information
identifying the record. The requestor can use index search results to submit a Genealogy
Records Request.
(h) Processing of paper record copy requests. This service is designed for requestors
who can identify a specific record or file to be retrieved, copied, reviewed, and released.
Requestors may identify one or more files in a single request.
6. Part 106 is revised and republished to read as follows:
PART 106—USCIS FEE SCHEDULE
106.1 Fee requirements.
106.2 Fees.
106.3 Fee waivers and exemptions.
106.4 Premium processing service.
106.5 Authority to certify records.
106.6 DHS severability.
Authority: 8 U.S.C. 1101, 1103, 1254a, 1254b, 1304, 1356; 48 U.S.C. 1806; Pub. L.
107- 296, 116 Stat. 2135 (6 U.S.C. 101 note); Pub. L. 115-218, 132 Stat. 1547; Pub. L. 116-159,
134 Stat. 709.
§ 106.1 Fee requirements.
(a) Fees must be submitted with any USCIS request in the amount and subject to the
conditions provided in this part and remitted in the manner prescribed in the relevant form
instructions, on the USCIS website, or in a Federal Register document. The fees established in
this part are associated with the benefit, the adjudication, or the type of request and not solely
determined by the form number listed in § 106.2.
(b) Fees must be remitted from a bank or other institution located in the United States
and payable in U.S. currency. The fee must be paid using the method that USCIS prescribes for
the request, office, filing method, or filing location, as provided in the form instructions or by
individual notice.
(c) If a remittance in payment of a fee or any other matter is not honored by the bank or
financial institution on which it is drawn:

(1) The provisions of 8 CFR 103.2(a)(7)(ii) apply, no receipt will be issued, and if a
receipt was issued, it is void and the benefit request loses its receipt date; and
(2) If the benefit request was approved, the approval may be revoked upon notice. If the
approved benefit request requires multiple fees, this paragraph (c) would apply if any fee
submitted is not honored. Other fees that were paid for a benefit request that is revoked under
this paragraph (c) will be retained and not refunded. A revocation of an approval because the fee
submitted is not honored may be appealed to the USCIS Administrative Appeals Office, in
accordance with 8 CFR 103.3 and the applicable form instructions.
(d) DHS is not responsible for financial instruments that expire before they are
deposited. USCIS may reject any filing for which required payment cannot be processed due to
expiration of the financial instrument.
(e) Fees paid to USCIS using a credit card are not subject to dispute, chargeback, forced
refund, or return to the cardholder for any reason except at the discretion of USCIS.
§ 106.2 Fees.
(a) I Forms—(1) Application to Replace Permanent Resident Card, Form I-90. For
filing an application for a Permanent Resident Card, Form I-551, to replace an obsolete card or to
replace one lost, mutilated, or destroyed, or for a change in name.
(i) When filed online: $455.
(ii) When filed on paper: $465.
(iii) If the applicant was issued a card but never received it: No fee.
(iv) If the applicant’s card was issued with incorrect information because of DHS error
and the applicant is filing for a replacement: No fee.
(v) If the applicant has reached their 14th birthday and their existing card will expire after
their 16th birthday: No fee.

(2) Application for Replacement/Initial Nonimmigrant Arrival-Departure Document,
Form I-102. For filing an application for Arrival/Departure Record Form I-94, or Crewman’s
Landing Permit Form I-95, to replace one lost, mutilated, or destroyed: $680.
(i) For nonimmigrant member of the U.S. armed forces: No fee for initial filing;
(ii) For a nonimmigrant member of the North Atlantic Treaty Organization (NATO)
armed forces or civil component: No fee for initial filing;
(iii) For nonimmigrant member of the Partnership for Peace military program under the
Status of Forces Agreement (SOFA): No fee for initial filing; and
(iv) For replacement for DHS error: No fee.
(3) Petition or Application for a Nonimmigrant Worker, Form I-129. For filing a
petition or application for a nonimmigrant worker:
(i) Petition for H-1B Nonimmigrant Worker or H-1B1 Free Trade Nonimmigrant
Worker: $780.
(ii) Petition for H-2A Nonimmigrant Worker with 1 to 25 named beneficiaries: $1,090.
(iii) Petition for H-2A Nonimmigrant Worker with only unnamed beneficiaries: $530.
(iv) Petition for H-2B Nonimmigrant Worker with 1 to 25 named beneficiaries: $1,080.
(v) Petition for H-2B Nonimmigrant Worker with only unnamed beneficiaries: $580.
(vi) Petition for L Nonimmigrant Worker: $1,385.
(vii) Petition for O Nonimmigrant Worker with 1 to 25 named beneficiaries: $1,055.
(viii) Petition or Application for E, H-3, P, Q, R, or TN Nonimmigrant Worker with 1 to
25 named beneficiaries: $1,015.
(4) Petition for a CNMI-Only Nonimmigrant Transitional Worker, Form I-129CW. For
an employer to petition on behalf of beneficiaries in the Commonwealth of the Northern Mariana
Islands (CNMI): $1,015.
(i) Additional fees in paragraph (c) of this section may apply.
(ii) Semiannual Report for CW-1 Employers (Form I-129CWR): No fee.

(5) Petition for Alien Fiancé(e), Form I-129F. (i) For filing a petition to classify a
nonimmigrant as a fiancée or fiancé under section 214(d) of the Act: $720.
(ii) For a K-3 spouse as designated in 8 CFR 214.1(a)(2) who is the beneficiary of an
immigrant petition filed by a U.S. citizen on a “Petition for Alien Relative,” Form I-130: No fee.
(6) Petition for Alien Relative, Form I-130. For filing a petition to classify status of a
foreign national relative for issuance of an immigrant visa under section 204(a) of the Act.
(7) Application for Travel Document, Form I-131. (i) Refugee Travel Document for
asylee and lawful permanent resident who obtained such status as an asylee 16 years or older:
$165.
(ii) Refugee Travel Document for asylee and lawful permanent resident who obtained
such status as an asylee under the age of 16: $135.
(iii) Advance Parole, Reentry Permit, and other travel documents: $630.
(iv) There are no fees for a travel document for applicants who filed USCIS Form I-485
on or after July 30, 2007, and before [EFFECTIVE DATE OF THE FINAL RULE], and paid the
Form I-485 fee.
(v) There are no fees for parole requests from current or former U.S. armed forces service
members.
(8) Application for Carrier Documentation, Form I-131A. For filing an application to
allow a lawful permanent resident to apply for a travel document (carrier documentation) to
board an airline or other transportation carrier to return to the United States: $575.
(9) Declaration of Financial Support, Form I-134. No fee.
(10) Immigrant Petition for Alien Worker, 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: $715.
(11) Application for Relief Under Former Section 212(c) of the Immigration and
Nationality Act (INA), Form I-191. For filing an application for discretionary relief under
section 212(c) of the Act: $930.
(12) Application for Advance Permission to Enter as a Nonimmigrant, Form I-192. For
filing an application for discretionary relief under section 212(d)(3), (13), or (14) of the Act,
except in an emergency case or where the approval of the application is in the interest of the U.S.
Government: $1,100.
(13) Application for Waiver of Passport and/or Visa, Form I-193. For filing an
application for waiver of passport and/or visa: $695.
(14) Application for Permission to Reapply for Admission into the United States After
Deportation or Removal, Form I-212. For filing an application for permission to reapply for
admission by 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: $1,395.
(15) Notice of Appeal or Motion, Form I-290B. For appealing a decision under the
immigration laws in any type of proceeding over which the Board of Immigration Appeals does
not have appellate jurisdiction, and for filing a motion to review or reconsider a USCIS decision:
$800. The fee will be the same for appeal of or motion on a denial of a benefit request with one
or multiple beneficiaries. There is no fee for conditional permanent residents who filed a waiver
of the joint filing requirement based on battery or extreme cruelty and filed a “Notice of Appeal
or Motion (Form I-290B) when their Petition to Remove the Conditions on Residence” (Form I-
751) was denied.
(16) Petition for Amerasian, Widow(er), or Special Immigrant, Form I-360. $515. There
is no fee for the following:
(i) A petition seeking classification as an Amerasian;

(ii) A petition seeking immigrant classification as a Violence Against Women Act
(VAWA) self-petitioner;
(iii) A petition for Special Immigrant Juvenile classification;
(iv) A petition seeking special immigrant classification as Afghan or Iraqi translator or
interpreter, Iraqi national employed by or on behalf of the U.S. Government, or Afghan national
employed by or on behalf of the U.S. Government or employed by the International Security
Assistance Force (ISAF); or a surviving spouse or child of such a person; or
(v) A petition for a person who served honorably on active duty in the U.S. armed forces
filing under section 101(a)(27)(K) of the Act.
(17) Affidavit of Financial Support and Intent to Petition for Legal Custody for Public
Law 97–359 Amerasian, Form I-361. No fee.
(18) Request to Enforce Affidavit of Financial Support and Intent to Petition for Legal
Custody for Public Law 97–359 Amerasian, Form I-363. No fee.
(19) Record of Abandonment of Lawful Permanent Resident Status, Form I-407. No fee.
(20) Application to Register Permanent Residence or Adjust Status, Form I-485. For
filing an application for permanent resident status or creation of a record of lawful permanent
residence: $1,540. There is no fee for the following:
(i) An applicant who is in deportation, exclusion, or removal proceedings before an
immigration judge, and the court waives the application fee.
(ii) An applicant who served honorably on active duty in the U.S. armed forces who is
filing under section 101(a)(27)(K) of the Act.
(21) Application to Adjust Status under Section 245(i) of the Act, Form I-485 Supplement
A. Supplement A to Form I-485 for persons seeking to adjust status under the provisions of
section 245(i) of the Act: A sum of $1,000 must be paid while the applicant’s “Application to
Register Permanent Residence or Adjust Status” is pending, unless payment of the additional
sum is not required under section 245(i) of the Act, including:

(i) If applicant is unmarried and under 17 years of age: No fee.
(ii) If the applicant is the spouse or unmarried child under 21 years of age of a legalized
alien and attaches a copy of a USCIS receipt or approval notice for a properly filed Form I-817,
“Application for Family Unity Benefits”: No fee.
(22) Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA
Section 204(j), Form I-485J. No fee.
(23) Request for Waiver of Certain Rights, Privileges, Exemptions, and Immunities, Form
I-508. No fee.
(24) Immigrant Petition by Standalone or Regional Center Investor, Forms I-526 and I-
526E. (i) Immigrant Petition by Standalone Investor, Form I-526: $11,160.
(ii) Immigrant Petition by Regional Center Investor, Form I-526E: $11,160.
(25) Application To Extend/Change Nonimmigrant Status, Form I-539. (i) When filing
online: $525.
(ii) When filing on paper: $620.
(iii) There is no fee for the following:
(A) Nonimmigrant A, G, and NATO;
(B) T nonimmigrant; and
(C) U nonimmigrant if filed before the petitioner files an Application to Register
Permanent Residence or Adjust Status (Form I-485).
(26) Interagency Record of Request – A, G, or NATO Dependent Employment
Authorization or Change/Adjustment To/From A, G, or NATO Status, Form I-566. No fee.
(27) Application for Asylum and for Withholding of Removal, Form I-589. No fee.
(28) Registration for Classification as a Refugee, Form I-590. No fee.
(29) Petition to Classify Orphan as an Immediate Relative, Form I-600. For filing a
petition to classify an orphan as an immediate relative for issuance of an immigrant visa: $920.
(i) There is no fee for the first Form I-600 filed for a child on the basis of an approved
Application for Advance Processing of an Orphan Petition, Form I-600A, during the Form I-
600A approval or extended approval period.
(ii) Except as specified in paragraph (a)(29)(iii) of this section, if more than one Form I-
600 is filed during the Form I-600A approval period, the fee is $920 for the second and each
subsequent Form I-600 petition submitted.
(iii) If more than one Form I-600 is filed during the Form I-600A approval period on
behalf of beneficiary birth siblings, no additional fee is required.
(30) Application for Advance Processing of an Orphan Petition, Form I-600A. For filing
an application for determination of suitability and eligibility to adopt an orphan: $920.
(31) Request for Action on Approved Form I-600A/I-600, Form I-600A/I-600
Supplement 3. $455.
(i) This filing fee:
(A) Is not charged if Form I-600A/I-600 Supplement 3 is filed to obtain a first-time
extension of the approval of the Form I-600A or to obtain a first-time change of non-Hague
Adoption Convention country during the Form I-600A approval period.
(B) Is charged if Form I-600A/I-600 Supplement 3 is filed to request a new approval
notice based on a significant change and updated home study unless a first-time extension of the
Form I-600A approval or first-time change of non-Hague Adoption Convention country is also
being requested on the same Supplement 3.
(C) Is charged for second or subsequent extensions of the approval of the Form I-600A,
second or subsequent changes of non-Hague Adoption Convention country, requests for a new
approval notice based on a significant change and updated home study, and requests for a
duplicate approval notice permitted with Form I-600A/I-600 Supplement 3 with the filing fee.
(ii) Form I-600A/I-600 Supplement 3 cannot be used to:

(A) Extend eligibility to proceed as a Hague Adoption Convention transition case beyond
the first extension once the Convention enters into force for the new Convention country.
(B) Request a change of country to a Hague Adoption Convention transition country for
purposes of becoming a transition case if another country was already designated on the Form I-
600A or the applicant previously changed countries.
(iii) Form I-600A/I-600 Supplement 3 may only be used to request an increase in the
number of children the applicant/petitioner is approved to adopt from a transition country if the
additional child is a birth sibling of a child whom the applicant/petitioner has adopted or is in the
process of adopting, as a transition case, and is identified and petitioned for while the Form I-
600A approval is valid, unless the new Convention country prohibits such birth sibling cases
from proceeding as transition cases.
(32) Application for Waiver of Ground of Inadmissibility, Form I-601. $1,050. No fee is
required for filing an application to overcome the grounds of inadmissibility of the Act if filed
concurrently with an application for adjustment of status under the provisions of the Act of
October 28, 1977, and of this part.
(33) Application for Provisional Unlawful Presence Waiver, Form I-601A. $1,105.
(34) Application by Refugee for Waiver of Grounds of Inadmissibility, Form I-602. No
fee.
(35) Application for Waiver of the Foreign Residence Requirement (under Section 212(e)
of the Immigration and Nationality Act, as Amended), Form I-612. $1,100.
(36) Application for Status as a Temporary Resident under Section 245A of the
Immigration and Nationality Act, Form I-687. $1,240.
(37) Application for Waiver of Grounds of Inadmissibility, Form I-690. For filing an
application for waiver of a ground of inadmissibility under section 212(a) of the Act as amended,
in conjunction with the application under section 210 or 245A of the Act, or a petition under
section 210A of the Act: $985.

(38) Report of Medical Examination and Vaccination Record (Form I-693). No fee.
(39) Notice of Appeal of Decision under Sections 245A or 210 of the Immigration and
Nationality Act (or a petition under section 210A of the Act), Form I-694. For appealing the
denial of an application under section 210 or 245A of the Act, or a petition under section 210A
of the Act: $1,155.
(40) Application to Adjust Status from Temporary to Permanent Resident (Under Section
245A of the INA), Form I-698. For filing an application to adjust status from temporary to
permanent resident (under section 245A of Pub. L. 99–603): $1,670. The adjustment date is the
date of filing of the application for permanent residence or the applicant’s eligibility date,
whichever is later.
(41) Refugee/Asylee Relative Petition, Form I-730. No fee.
(42) Petition to Remove Conditions on Residence, Form I-751. For filing a petition to
remove the conditions on residence based on marriage: $1,195.
(43) Application for Employment Authorization, Form I-765. (i) When filed online:
$555.
(iii) There is no fee for an initial Employment Authorization Document for the following:
(A) An applicant who filed USCIS Form I-485 on or after July 30, 2007, and before
[EFFECTIVE DATE OF THE FINAL RULE], and paid the Form I-485 fee;
(B) Dependents of certain government and international organizations or NATO
personnel;
(C) N-8 (Parent of alien classed as SK3) and N-9 (Child of N-8) nonimmigrants;
(D) Persons granted asylee status (AS1, AS6);
(E) Citizen of Micronesia, Marshall Islands, or Palau;
(F) Granted Withholding of Deportation or Removal;

(G) Applicant for Asylum and Withholding of Deportation or Removal including
derivatives;
(H) Taiwanese dependents of Taipei Economic and Cultural Representative Office
(TECRO) E-1 employees; and
(I) Current or former U.S. armed forces service members.
(iv) Request for replacement Employment Authorization Document based on USCIS
error: No fee.
(v) There is no fee for a renewal or replacement Employment Authorization Document
for the following:
(A) Any current Adjustment of Status or Registry applicant who filed for adjustment of
status on or after July 30, 2007, and before [EFFECTIVE DATE OF THE FINAL RULE], and
paid the appropriate Form I-485 filing fee;
(B) Dependent of certain foreign government, international organization, or NATO
personnel;
(C) Citizen of Micronesia, Marshall Islands, or Palau; and
(D) Granted withholding of deportation or removal.
(vi) There is no fee for the Application for Employment Authorization for Abused
Nonimmigrant Spouse, Form I-765V.
(44) Petition to Classify Convention Adoptee as an Immediate Relative, Form I-800. For
filing a petition to classify a Hague Convention adoptee as an immediate relative for issuance of
an immigrant visa.
(i) There is no fee for the first Form I-800 filed for a child on the basis of an approved
Application for Determination of Suitability to Adopt a Child from a Convention Country, Form
I-800A, during the Form I-800A approval period.

(ii) Except as specified in paragraph (a)(44)(iii) of this section, if more than one Form I-
800 is filed during the Form I-800A approval period, the fee is $920 for the second and each
subsequent Form I-800 petition submitted.
(iii) If more than one Form I-800 is filed during the Form I-800A approval period on
behalf of beneficiary birth siblings, no additional fee is required.
(45) Application for Determination of Suitability to Adopt a Child from a Convention
Country, Form I-800A. For filing an application for determination of suitability and eligibility to
adopt a child from a Hague Adoption Convention country: $920.
(46) Request for Action on Approved Application for Determination of Suitability to
Adopt a Child from a Convention Country, Form I-800A, Supplement 3. $455. This filing fee:
(i) Is not charged if Form I-800A Supplement 3 is filed to obtain a first-time extension of
the approval of the Form I-800A or to obtain a first-time change of Hague Adoption Convention
country during the Form I-800A approval period.
(ii) Is charged if Form I-800A Supplement 3 is filed to request a new approval notice
based on a significant change and updated home study unless a first-time extension of the Form
I-800A approval or first-time change of Hague Adoption Convention country is also being
requested on the same Supplement 3.
(iii) Is $455 for second or subsequent extensions of the Form I-800A approval, second or
subsequent changes of Hague Adoption Convention country, requests for a new approval notice
based on a significant change and updated home study, and requests for a duplicate approval
notice, permitted with the filing of a Form I-800A, Supplement 3 and the required filing fee.
(47) Application for Family Unity Benefits, Form I-817. For filing an application for
voluntary departure under the Family Unity Program: $875.
(48) Application for Temporary Protected Status, Form I-821. (i) For first time
applicants: $50 or the maximum permitted by section 244(c)(1)(B) of the Act.
(ii) There is no fee for re-registration.

(iii) A Temporary Protected Status (TPS) applicant or re-registrant must pay $30 for
biometric services.
(49) Consideration of Deferred Action for Childhood Arrivals, Form I-821D. $85.
(50) Application for Action on an Approved Application or Petition, Form I-824. $675.
(51) Petition by Investor to Remove Conditions on Permanent Resident Status, Form I-
829. $9,525.
(52) Inter-Agency Alien Witness and Informant Record, Form I-854. No fee.
(53) Affidavit of Support Under Section 213A of the INA, Form I-864. No fee.
(i) Contract Between Sponsor and Household Member, Form I-864A. No fee.
(ii) Affidavit of Support Under Section 213A of the INA, Form I-864EZ. No fee.
(iii) Request for Exemption for Intending Immigrant’s Affidavit of Support, Form I-864W.
No fee.
(iv) Sponsor’s Notice of Change of Address, Form I-865. No fee.
(54) Application for Suspension of Deportation or Special Rule Cancellation of Removal
(Pursuant to Section 203 of Pub. L. 105–100), Form I-881. (i) $340 for adjudication by DHS.
(ii) $165 for adjudication by EOIR. If the Form I-881 is referred to the immigration court
by DHS: No fee.
(iii) If filing Form I-881 as a VAWA self-petitioner, including derivatives, as defined
under section 101(a)(51)(F) of the Act: No fee.
(55) Application for Authorization to Issue Certification for Health Care Workers, Form
I-905. $230.
(56) Request for Premium Processing Service, Form I-907. The Request for Premium
Processing Service fee will be as provided in § 106.4.
(57) Request for Civil Surgeon Designation, Form I-910. $1,230.
(58) Request for Fee Waiver, Form I-912. No fee.
(59) Application for T Nonimmigrant Status, Form I-914. No fee.

(i) Supplement A to Form I-914, Application for Immigrant Family Member of a T-1
Recipient. No fee.
(ii) Supplement B to Form I-914, Declaration of Law Enforcement Officer for Victim of
Trafficking in Persons. No fee.
(60) Petition for U Nonimmigrant Status, Form I-918. No fee.
(i) Supplement A to Form I-918, Petition for Qualifying Family Member of U-1
Recipient. No fee.
(ii) Supplement B to Form I-918, U Nonimmigrant Status Certification. No fee.
(61) Petition for Qualifying Family Member of a U-1 Nonimmigrant, Form I-929. For a
principal U-1 nonimmigrant to request immigration benefits on behalf of a qualifying family
member who has never held U nonimmigrant status: $270.
(62) Application for Entrepreneur Parole, Form I-941. For filing an application for
parole for an entrepreneur: $1,200.
(63) Request for Reduced Fee, Form I-942. Requesting a reduced fee for the
naturalization application Form N-400: No fee.
(64) Application for Regional Center Designation, Form I-956. $47,695.
(65) Application for Approval of Investment in a Commercial Enterprise, Form I-956F.
$47,695.
(66) Regional Center Annual Statement, Form I-956G. To provide updated information
and certify that a Regional Center under the Immigrant Investor Program has maintained its
eligibility: $4,470.
(b) N Forms—(1) Monthly Report on Naturalization Papers, Form N-4. No fee.
(2) Application to File Declaration of Intention, Form N-300. $320.
(3) Request for a Hearing on a Decision in Naturalization Proceedings (under section
336 of the Act), Form N-336. $830. There is no fee for an applicant who has filed an Application
for Naturalization under section 328 or 329 of the Act with respect to military service and whose
application has been denied.
(4) Application for Naturalization, Form N-400. $760. With the following exceptions:
(i) No fee is charged an applicant who meets the requirements of section 328 or 329 of
the Act with respect to military service.
(ii) The fee for an applicant with an approved Request for Reduced Fee, Form I-942,
whose documented income is less than 200 percent of the Federal poverty level: $380.
(5) Request for Certification of Military or Naval Service, Form N-476. No fee.
(6) Application to Preserve Residence for Naturalization Purposes, Form N-470. $420.
(7) Application for Replacement Naturalization/Citizenship Document, Form N-565.
$555. There is no fee when this application is submitted under 8 CFR 338.5(a) or 343a.1 to
request correction of a certificate that contains an error.
(8) Application for Certificate of Citizenship, Form N-600. $1,385. There is no fee for
any application filed by a current or former member of any branch of the U.S. armed forces on
their own behalf.
(9) Application for Citizenship and Issuance of Certificate Under Section 322, Form N-
600K. $1,385.
(10) Application for Posthumous Citizenship, Form N-644. No fee.
(11) Medical Certification for Disability Exceptions, Form N-648. No fee.
(c) G Forms, statutory fees, and non-form fees—(1) Genealogy Index Search Request,
Form G-1041. The fee is due regardless of the search results.
(2) Genealogy Records Request, Form G-1041A. USCIS will refund the records request
fee when it is unable to locate any file previously identified in response to the index search
request.
(3) USCIS immigrant fee. For DHS domestic processing and issuance of required
documents after an immigrant visa is issued by the U.S. Department of State: $235.
(4) American Competitiveness and Workforce Improvement Act (ACWIA) fee. For filing
certain H-1B petitions as described in 8 CFR 214.2(h)(19) and USCIS form instructions: $1,500
or $750.
(5) Fraud detection and prevention fee. (i) For filing certain H-1B and L petitions as
described in 8 U.S.C. 1184(c) and USCIS form instructions: $500.
(ii) For filing certain H-2B petitions as described in 8 U.S.C. 1184(c) and USCIS form
instructions: $150.
(6) Fraud detection and prevention fee for CNMI. For employer petitions in CNMI as
described in Public Law 115–218 and USCIS form instructions: $50.
(7) CNMI education funding fee. The fee amount will be as prescribed in the form
instructions and:
(i) The fee amount must be paid in addition to, and in a separate remittance from, other
filing fees;
(ii) Every employer who is issued a permit must pay the education funding fee every
year;
(iii) An employer who is issued a permit with a validity period of longer than 1 year
must pay the fee for each year of requested validity at the time the permit is requested; and
(iv) Beginning in FY 2020, the fee may be adjusted once per year by notice in the
FEDERAL REGISTER based on the amount of inflation according to the Consumer Price Index
for All Urban Consumers (CPI-U) since the fee was set by law at $200 on July 24, 2018.
(8) 9-11 response and biometric entry-exit fee for H-1B Visa. For certain petitioners who
employ 50 or more employees in the United States if more than 50 percent of the petitioner’s
employees are in H-1B, L-1A, or L-1B nonimmigrant status: $4,000. Collection of this fee is
scheduled to end on September 30, 2027.
(9) 9-11 response and biometric entry-exit fee for L-1 Visa. For certain petitioners who
employ 50 or more employees in the United States, if more than 50 percent of the petitioner’s
employees are in H-1B, L-1A, or L-1B nonimmigrant status: $4,500. This fee will be collected
through September 29, 2027.
(10) Claimant under section 289 of the Act. No fee.
(11) Registration requirement for petitioners seeking to file H-1B petitions on behalf of
cap-subject aliens. For each registration submitted to register for the H-1B cap or advanced
degree exemption selection process: $215. This fee will not be refunded if the registration is not
selected or is withdrawn.
(12) Request for Certificate of Non-Existence, G-1566. $330. For a certification of non-
existence of a naturalization record.
(13) Asylum Program Fee. $600. The Asylum Program Fee must be paid by any
petitioner filing a Petition or Application for a Nonimmigrant Worker, Form I-129, Petition for a
CNMI-Only Nonimmigrant Transitional Worker, Form I-129CW, or an Immigrant Petition for
Alien Worker, Form I-140.
(d) Inflationary adjustment. The fees prescribed in this section may be adjusted once per
year by publication of a rule in the FEDERAL REGISTER based on the amount of inflation as
measured by the difference in the CPI-U as published by the U.S. Department of Labor, U.S.
Bureau of Labor Statistics in [MONTH FINAL RULE IS EFFECTIVE] of the year of the last fee
rule and the year of the adjustment under this section. The fee calculated under this paragraph (d)
will be rounded to the nearest $5 increment.
§ 106.3 Fee waivers and exemptions.
(a) Waiver of fees—(1) Eligibility for a fee waiver. Discretionary waiver of the fees
provided in paragraph (b)(1)(i) of this section are limited as follows:

(i) The party requesting the benefit is unable to pay the prescribed fee.
(ii) A waiver based on inability to pay is consistent with the status or benefit sought,
including benefits that require demonstration of the applicant’s ability to support himself or
herself, or individuals who seek immigration status based on a substantial financial investment.
(2) Requesting a fee waiver. A person must submit a request for a fee waiver on the form
prescribed by USCIS in accordance with the instructions on the form.
(3) USCIS fees that may be waived. Only the following fees may be waived:
(i) The following fees for the following forms may be waived without condition:
(A) Application to Replace Permanent Resident Card (Form I-90);
(B) Application for Relief Under Former Section 212(c) of the Immigration and
Nationality Act (Form I-191);
(C) Petition to Remove the Conditions of Residence (Form I-751);
(D) Application for Family Unity Benefits (Form I-817);
(E) Application for Temporary Protected Status (Form I-821);
(F) Application for Suspension of Deportation or Special Rule Cancellation of Removal
(Form I-881) (pursuant to section 203 of Pub. L. 105–110);
(G) Application to File Declaration of Intention (Form N-300);
(H) Request for a Hearing on a Decision in Naturalization Proceedings (Form N-336)
(under section 336 of the INA);
(I) Application for Naturalization (Form N-400);
(J) Application to Preserve Residence for Naturalization Purposes (N-470);
(K) Application for Replacement Naturalization/Citizenship Document (N-565);
(L) Application for Certificate of Citizenship (N-600); and
(M) Application for Citizenship and Issuance of Certificate under section 322 of the Act
(N-600K).
(ii) The following form fees may be waived based on the conditions described in
paragraphs (a)(3)(ii)(A) through (F) of this section:
(A) Petition for a CNMI-Only Nonimmigrant Transitional Worker, or an Application to
Extend/Change Nonimmigrant Status (Form I-539), only in the case of a noncitizen applying for
CW-2 nonimmigrant status;
(B) Application for Travel Document (Form I-131), when filed to request humanitarian
parole;
(C) Notice of Appeal or Motion (Form I-290B), when there is no fee for the underlying
application or petition or that fee may be waived;
(D) Notice of Appeal of Decision Under Sections 245A or 210 of the Immigration and
Nationality Act (Form I-694), if the underlying application or petition was fee exempt, the filing
fee was waived, or was eligible for a fee waiver;
(E) Application for Employment Authorization (Form I-765), except persons filing under
category (c)(33), Deferred Action for Childhood Arrivals (DACA); and
(F) Petition for Nonimmigrant Worker (Form I-129) or Application to Extend/Change
Nonimmigrant Status (Form I-539), only in the case of an alien applying for E-2 CNMI Investor
for an extension of stay.
(iii) Any fees associated with the filing of any benefit request under 8 U.S.C. 1101(a)(51)
and those otherwise self-petitioning under 8 U.S.C. 1154(a)(1) (VAWA self-petitioners), 8
U.S.C. 1101(a)(15)(T) (T visas), 8 U.S.C. 1101(a)(15)(U) (U visas), 8 U.S.C. 1105a (battered
spouses of A, G, E-3, or H nonimmigrants), 8 U.S.C. 1229(b)(2) (special rule cancellation for
battered spouse or child), and 8 U.S.C. 1254a(a) (Temporary Protected Status).
(iv) The following fees may be waived only if the person is exempt from the public
charge grounds of inadmissibility under section 212(a)(4) of the Act, 8 U.S.C. 1182(a)(4):
(A) Application for Advance Permission to Enter as Nonimmigrant (Form I-192);
(B) Application for Waiver for Passport and/or Visa (Form I-193);
(C) Application to Register Permanent Residence or Adjust Status (Form I-485); and
(D) Application for Waiver of Grounds of Inadmissibility (Form I-601).
(4) Immigration Court fees. The provisions relating to the authority of the immigration
judges or the Board to waive fees prescribed in paragraph (b) of this section in cases under their
jurisdiction can be found at 8 CFR 1003.8 and 1003.24.
(5) Fees under the Freedom of Information Act (FOIA). FOIA fees may be waived or
reduced if DHS determines that such action would be in the public interest because furnishing
the information can be considered as primarily benefiting the general public.
(b) Humanitarian fee exemptions. Persons in the following categories are exempt from
paying certain fees as follows:
(1) Persons seeking or granted Special Immigrant Juvenile classification who file the
following forms related to the Special Immigrant Juvenile classification or adjustment of status
pursuant to section 245(h) of the Act, 8 U.S.C. 1255(h):
(i) Application for Travel Document (Form I-131).
(ii) Notice of Appeal or Motion (Form I-290B), if filed for any benefit request filed
before adjustment of status or a motion filed for an Application to Register Permanent Residence
or Adjust Status (Form I-485).
(iii) Application to Register Permanent Residence or Adjust Status (Form I-485).
(iv) Application for Waiver of Ground of Inadmissibility (Form I-601).
(v) Application for Employment Authorization (Form I-765).
(2) Persons seeking or granted T nonimmigrant status who file the following forms
related to the T nonimmigrant classification or adjustment of status pursuant to INA section
245(l), 8 U.S.C. 1255(l):
(ii) Application for Advance Permission to Enter as a Nonimmigrant (Form I-192).
(iii) Application for Waiver of Passport and/or Visa (Form I-193).

(iv) Notice of Appeal or Motion (Form I-290B), if filed for any benefit request filed
before adjustment of status or a motion or appeal filed for an Application to Register Permanent
Residence or Adjust Status (Form I-485) if applicable.
(v) Application to Register Permanent Residence or Adjust Status (Form I-485).
(vi) Application to Extend/Change Nonimmigrant Status (Form I-539).
(vii) Application for Waiver of Ground of Inadmissibility (Form I-601).
(viii) Application for Employment Authorization (Form I-765).
(3) Persons seeking or granted special immigrant visa or status as Afghan or Iraqi
translators or interpreters, Iraqi nationals employed by or on behalf of the U.S. Government, or
Afghan nationals employed by or on behalf of the U.S. Government or employed by the ISAF
and their derivative beneficiaries, who file the following forms related to the Special Immigrant
classification or adjustment of status pursuant to such classification:
(ii) Application for Permission to Reapply for Admission into the U.S. After Deportation
or Removal (Form I-212).
(iii) Notice of Appeal or Motion (Form I-290B), if filed for any benefit request filed
(iv) Application to Register Permanent Residence or Adjust Status (Form I-485).
(v) Application for Waiver of Ground of Inadmissibility (Form I-601).
(vi) Application for initial Employment Authorization (Form I-765).
(4) Persons seeking or granted adjustment of status as abused spouses and children under
the Cuban Adjustment Act (CAA) and the Haitian Refugee Immigration Fairness Act (HRIFA)
are exempt from paying the following fees for forms related to those benefits:

(ii) Application for Permission to Reapply for Admission into the U.S. After Deportation
(iii) Notice of Appeal or Motion (Form I-290B), if filed for any benefit request filed before
adjustment of status or a motion filed for an Application to Register Permanent Residence or Adjust
Status (Form I-485).
(v) Application for Waiver of Ground of Inadmissibility (Form I-601).
(vi) Application for Employment Authorization (Form I-765).
(5) Persons seeking U nonimmigrant status who file the following forms related to the U
nonimmigrant status are exempt from paying fees if filed before the petitioner files an
Application to Register Permanent Residence or Adjust Status (Form I-485):
(i) Application for Advance Permission to Enter as a Nonimmigrant (Form I-192).
(ii) Application for Waiver of Passport and/or Visa (Form I-193).
(iii) Notice of Appeal or Motion (Form I-290B).
(iv) Application to Extend/Change Nonimmigrant Status (Form I-539).
(v) Application for Employment Authorization (Form I-765) for their initial request for
principals and derivatives submitted under 8 CFR 274a.12(a)(19) and (20) and (c)(14).
(6) Person seeking or granted immigrant classification as VAWA self-petitioners and
derivatives as defined in section 101(a)(51)(A) and (B) of the Act or those otherwise self-
petitioning for immigrant classification under section 204(a)(1) of the Act, 8 U.S.C. 1154(a)(1),
are exempt from paying the following fees for forms related to the benefit:
(i) When the Petition for Amerasian, Widow(er), or Special Immigrant (Form I-360) and
Application to Register Permanent Residence or Adjust Status (Form I-485) are concurrently
filed or pending:
(A) Application for Travel Document (Form I-131).

(B) Application for Permission to Reapply for Admission into the U.S. After Deportation
(C) Notice of Appeal or Motion (Form I-290B) if filed for any benefit request filed
(D) Application for Waiver of Grounds of Inadmissibility (Form I-601).
(E) Application for Employment Authorization (Form I-765) for initial requests
submitted under 8 CFR 274a.12(c)(9) and (14) and section 204(a)(1)(K) of the Act.
(ii) When the Petition for Amerasian, Widow(er), or Special Immigrant (Form I-360) is
filed as a standalone self-petition:
(A) Notice of Appeal or Motion (Form I-290B) for a motion or appeal of a Petition for
Amerasian, Widow(er), or Special Immigrant (Form I-360).
(B) Application for Employment Authorization (Form I-765) for initial requests
submitted under 8 CFR 274a.12(c)(14) and section 204(a)(1)(K) of the Act, 8 U.S.C
1154(a)(1)(K).
(7) Abused spouses and children applying for benefits under the Nicaraguan Adjustment
and Central American Relief Act (NACARA) are exempt from paying the following fees for
forms related to the benefit:
(i) Application for Suspension of Deportation or Special Rule Cancellation of Removal
(Pursuant to Section 203 of Public Law 105–100 (NACARA)) (Form I-881).
(ii) Application for Waiver of Grounds of Inadmissibility (Form I-601).
(iii) Application for Employment Authorization (Form I-765) submitted under 8 CFR
274a.12(c)(10).
(8) Battered spouses and children of a lawful permanent resident (LPR) or U.S. citizen
applying for cancellation of removal and adjustment of status under section 240A(b)(2) of the
Act are exempt from paying the following fees for forms related to the benefit:
(i) Application for Waiver of Ground of Inadmissibility (Form I-601).
(ii) Application for Employment Authorization (Form I-765) for their initial request
under 8 CFR 274a.12(c)(10).
(9) Refugees, persons paroled as refugees, or lawful permanent residents who obtained
such status as refugees in the United States are exempt from paying the following fees:
(ii) Application for Carrier Documentation (Form I-131A).
(iii) Application for Employment Authorization (Form I-765).
(c) Director’s waiver or exemption exception. The Director of USCIS may authorize the
waiver of or exemption from, in whole or in part, a form fee required by § 106.2 that is not
otherwise waivable under this section, if the Director determines that such action is in the public
interest and consistent with the applicable law. This discretionary authority may be delegated
only to the USCIS Deputy Director.
§ 106.4 Premium processing service.
(a) General. A person may submit a request to USCIS for premium processing of certain
immigration benefit requests, subject to processing timeframes and fees, as described in this
section.
(b) Submitting a request. A request must be submitted on the form and in the manner
prescribed by USCIS in the form instructions. If the request for premium processing is submitted
together with the underlying immigration benefit request, all required fees in the correct amount
must be paid. The fee to request premium processing service may not be waived and must be
paid in addition to other filing fees. USCIS may require the premium processing service fee be
paid in a separate remittance from other filing fees and preclude combined payments in the
applicable form instructions.

(c) Designated benefit requests and fee amounts. Benefit requests designated for
premium processing and the corresponding fees to request premium processing service are as
follows:
(1) Application for classification of a nonimmigrant described in section 101(a)(15)(E)(i),
(ii), or (iii) of the INA, 8 U.S.C. 1101(a)(15)(E)(i), (ii), or (iii): $2,500.
(2) Petition for classification of a nonimmigrant described in section 101(a)(15)(H)(i)(b)
of the INA, 8 U.S.C. 1101(a)(15)(H)(i)(b), or section 222(a) of the Immigration Act of 1990,
Public Law 101-649: $2,500.
(3) Petition for classification of a nonimmigrant described in section 101(a)(15)(H)(ii)(b)
of the INA, 8 U.S.C. 1101(a)(15)(H)(ii)(b): $1,500.
(4) Petition for classification of a nonimmigrant described in section 101(a)(15)(H)(iii) of
the INA, 8 U.S.C. 1101(a)(15)(H)(iii): $2,500.
(5) Petition for classification of a nonimmigrant described in section 101(a)(15)(L) of the
INA, 8 U.S.C. 1101(a)(15(L): $2,500.
(6) Petition for classification of a nonimmigrant described in section 101(a)(15)(O)(i) or
(ii) of the INA, 8 U.S.C. 1101(a)(15)(O)(i): $2,500.
(7) Petition for classification of a nonimmigrant described in section 101(a)(15)(P)(i),
(ii), or (iii) of the INA, 8 U.S.C. 1101(a)(15)(P)(i): $2,500.
(8) Petition for classification of a nonimmigrant described in section 101(a)(15)(Q) of the
INA, 8 U.S.C. 1101(a)(15)(Q): $2,500.
(9) Petition for classification of a nonimmigrant described in section 101(a)(15)(R) of the
INA, 8 U.S.C. 1101(a)(15)(R): $1,500.
(10) Application for classification of a nonimmigrant described in section 214(e) of the
INA, 8 U.S.C. 1184(e): $2,500.
(11) Petition for classification under section 203(b)(1)(A) of the INA, 8 U.S.C.
1153(b)(1)(A): $2,500.
(12) Petition for classification under section 203(b)(1)(B) of the INA, 8 U.S.C.
1153(b)(1)(B): $2,500.
(13) Petition for classification under section 203(b)(2)(A) of the INA, 8 U.S.C.
1153(b)(2)(A) not involving a waiver under section 203(b)(2)(B) of the INA, 8 U.S.C.
1153(b)(2)(B): $2,500.
(14) Petition for classification under section 203(b)(3)(A)(i) of the INA, 8 U.S.C.
1153(b)(3)(A)(i): $2,500.
(15) Petition for classification under section 203(b)(3)(A)(ii) of the INA, 8 U.S.C.
1153(b)(3)(A)(ii): $2,500.
(16) Petition for classification under section 203(b)(3)(A)(iii) of the INA, 8 U.S.C.
1153(b)(3)(A)(iii): $2,500.
(17) Petition for classification under section 203(b)(1)(C) of the INA, 8 U.S.C.
1153(b)(1)(C): $2,500.
(18) Petition for classification under section 203(b)(2) of the INA, 8 U.S.C. 1153(b)(2),
involving a waiver under section 203(b)(2)(B) of the INA, 8 U.S.C. 1153(b)(2)(B): $2,500.
(19) Application under section 248 of the INA, 8 U.S.C. 1258, to change status to a
classification described in section 101(a)(15)(F), (J), or (M) of the INA, 8 U.S.C. 1101(a)(15)(F),
(J), or (M): $1,750.
(20) Application under section 248 of the INA, 8 U.S.C. 1258, to change status to be
classified as a dependent of a nonimmigrant described in section 101(a)(15)(E), (H), (L), (O),
(P), or (R) of the INA, 8 U.S.C. 1101(a)(15)(E), (H), (L), (O), (P), or (M), or to extend stay in
such classification: $1,750.
(21) Application for employment authorization: $1,500.
(d) Fee adjustments. The fee to request premium processing service may be adjusted by
notification in the Federal Register on a biennial basis based on the percentage 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.
(e) Processing timeframes. The processing timeframes for a request for premium
processing are as follows:
(1) Application for classification of a nonimmigrant described in section 101(a)(15)(E)(i),
(ii), or (iii) of the INA: 15 business days.
(2) Petition for classification of a nonimmigrant described in section 101(a)(15)(H)(i)(b)
of the INA or section 222(a) of the Immigration Act of 1990, Public Law 101-649: 15 business
days.
(3) Petition for classification of a nonimmigrant described in section 101(a)(15)(H)(ii)(b)
of the INA: 15 business days.
(4) Petition for classification of a nonimmigrant described in section 101(a)(15)(H)(iii) of
the INA: 15 business days.
(5) Petition for classification of a nonimmigrant described in section 101(a)(15)(L) of the
INA: 15 business days.
(6) Petition for classification of a nonimmigrant described in section 101(a)(15)(O)(i) or
(ii) of the INA: 15 business days.
(7) Petition for classification of a nonimmigrant described in section 101(a)(15)(P)(i),
(ii), or (iii) of the INA: 15 business days.
(8) Petition for classification of a nonimmigrant described in section 101(a)(15)(Q) of the
(9) Petition for classification of a nonimmigrant described in section 101(a)(15)(R) of the
(10) Application for classification of a nonimmigrant described in section 214(e) of the
(11) Petition for classification under section 203(b)(1)(A) of the INA: 15 business days.
(12) Petition for classification under section 203(b)(1)(B) of the INA: 15 business days.
(13) Petition for classification under section 203(b)(2)(A) of the INA not involving a
waiver under section 203(b)(2)(B) of the INA: 15 business days.
(14) Petition for classification under section 203(b)(3)(A)(i) of the INA: 15 business
days.
(15) Petition for classification under section 203(b)(3)(A)(ii) of the INA: 15 business
days.
(16) Petition for classification under section 203(b)(3)(A)(iii) of the INA: 15 business
days.
(17) Petition for classification under section 203(b)(1)(C) of the INA: 45 business days.
(18) Petition for classification under section 203(b)(2) of the INA involving a waiver
under section 203(b)(2)(B) of the INA: 45 business days.
(19) Application under section 248 of the INA to change status to a classification
described in section 101(a)(15)(F), (J), or (M) of the INA: 30 business days.
(20) Application under section 248 of the INA to change status to be classified as a
dependent of a nonimmigrant described in section 101(a)(15)(E), (H), (L), (O), (P), or (R) of the
INA, or to extend stay in such classification: 30 business days.
(21) Application for employment authorization: 30 business days.
(22) For the purpose of this section a business day is a day that the Federal Government
is open for business, and does not include weekends, federally observed holidays, or days on
which Federal Government offices are closed, such as for weather-related or other reasons. The
closure may be nationwide or in the region where the adjudication of the benefit for which
premium processing is sought will take place.
(f) Processing requirements and refunds. (1) USCIS will issue an approval notice, denial
notice, a notice of intent to deny, or a request for evidence within the premium processing
timeframe.
(2) Premium processing timeframes will commence:
(i) For those benefits described in paragraphs (e)(1) through (16) of this section, on the
date the form prescribed by USCIS, together with the required fee(s), are received by USCIS.
(ii) For those benefits described in paragraphs (e)(17) through (21) of this section, on the
date that all prerequisites for adjudication, the form prescribed by USCIS, and fee(s) are received
by USCIS.
(3) In the event USCIS issues a notice of intent to deny or a request for evidence, the
premium processing timeframe will stop and will recommence with a new timeframe as
specified in paragraphs (e)(1) through (21) of this section on the date that USCIS receives a
response to the notice of intent to deny or the request for evidence.
(4) Except as provided in paragraph (f)(5) of this section, USCIS will refund the premium
processing service fee but continue to process the case if USCIS does not take adjudicative
action described in paragraph (f)(1) of this section within the applicable processing timeframe as
required in paragraph (e) of this section.
(5) USCIS may retain the premium processing fee and not take an adjudicative action
described in paragraph (f)(1) of this section on the request within the applicable processing
timeframe, and not notify the person who filed the request, if USCIS opens an investigation for
fraud or misrepresentation relating to the immigration benefit request.
(g) Availability. (1) USCIS will announce by its official internet website, currently
https://www.uscis.gov, the benefit requests described in paragraph (c) of this section for which
premium processing may be requested, the dates upon which such availability commences or
ends, or any conditions that may apply.
(2) USCIS may suspend the availability of premium processing for immigration benefit
requests designated for premium processing if circumstances prevent the completion of
processing of a significant number of such requests within the applicable processing timeframe.
§ 106.5 Authority to certify records.

The Director of USCIS, or such officials as he or she may designate, may certify records
when authorized under 5 U.S.C. 552 or any other law to provide such records.
§ 106.6 DHS severability.
The provisions of this part are separate and severable from one another. If any provision
is stayed or determined to be invalid, the remaining provisions will continue in effect.
PART 204—IMMIGRANT PETITIONS
7. The authority citation for part 204 continues to read as follows:
Authority: 8 U.S.C. 1101, 1103, 1151, 1153, 1154, 1182, 1184, 1186a, 1255, 1324a,
1641; 8 CFR part 2.
8. Section 204.3 is amended by:
a. Revising and republishing the definitions of “Advanced processing application” and
“Orphan petition” in paragraph (b);
b. Revising and republishing paragraph (d) introductory text; and
c. Revising paragraphs (h)(3), (7), (13), and (14).
The revisions and republications read as follows:
§ 204.3 Orphan cases under section 101(b)(1)(F) of the Act (non-Hague Adoption
Convention cases).
*****
(b) * * *
Advanced processing application means Form I-600A (Application for Advanced
Processing of Orphan Petition) completed in accordance with the form's instructions and
submitted with the required supporting documentation and the fee as required in 8 CFR 106.2.
The application must be signed in accordance with the form's instructions by the
married petitioner and spouse, or by the unmarried petitioner.
*****
Orphan petition means Form I-600 (Petition to Classify Orphan as an Immediate
Relative). The petition must be completed in accordance with the form’s instructions and
submitted with the required supporting documentation and, if there is not a pending, or currently
valid and approved advanced processing application, the fee as required in 8 CFR 106.2. The
petition must be signed in accordance with the form’s instructions by the married petitioner and
spouse, or the unmarried petitioner.
*****
(d) Supporting documentation for a petition for an identified orphan. Any document not
in the English language must be accompanied by a certified English translation. If an orphan has
been identified for adoption and the advanced processing application is pending, the prospective
adoptive parents may file the orphan petition at the USCIS office where the application is
pending. The prospective adoptive parents who have an approved advanced processing
application must file an orphan petition and all supporting documents within 15 months of the
date of the approval of the advanced processing application. If the prospective adoptive parents
fail to file the orphan petition within the approval validity period of the advanced processing
application, the advanced processing application will be deemed abandoned pursuant to
paragraph (h)(7) of this section. If the prospective adoptive parents file the orphan petition after
the approval period of the advanced processing application has expired, the petition will be
denied pursuant to paragraph (h)(13) of this section. Prospective adoptive parents who do not
have an advanced processing application approved or pending may file the application and
petition concurrently on one Form I-600 if they have identified an orphan for adoption. An
orphan petition must be accompanied by full documentation as follows:
*****
(h) * * *
(3) Advanced processing application approved. If the advanced processing
application is approved:
(i) The prospective adoptive parents will be advised in writing. A notice of approval
expires 15 months after the date on which USCIS received the Federal Bureau of Investigation
(FBI) response on the applicant’s, and any additional adult member of the household’s,
biometrics, unless approval is revoked. If USCIS received the responses on different days, the
15-month period begins on the earliest response date. The notice of approval will specify the
expiration date.
(ii) USCIS may extend the validity period for the approval of a Form I-600A if requested
in accordance with 8 CFR 106.2(a)(31). An applicant may not file a Form I-600A Supplement 3
seeking extension of an approval notice more than 90 days before the expiration of the validity
period for the Form I-600A approval but must do so on or before the date on which the validity
period expires if the applicant seeks an extension.
(iii) If the Form I-600A approval is for more than one orphan, the prospective adoptive
parents may file a petition for each of the additional children, to the maximum number approved.
(iv) It does not guarantee that the orphan petition will be approved.
*****
(7) Advanced processing application deemed abandoned for failure to file orphan
petition within the approval validity period of the advanced processing application. If an orphan
petition is not properly filed within 15 months of the approval date of the advanced processing
application:
(i) The application will be deemed abandoned;
(ii) Supporting documentation will be returned to the prospective adoptive parents, except
for documentation submitted by a third party which will be returned to the third party, and
documentation relating to the biometric checks;
(iii) The director will dispose of documentation relating to biometrics checks in
accordance with current policy; and
(iv) Such abandonment will be without prejudice to a new filing at any time with fee.
*****
(13) Orphan petition denied: petitioner files orphan petition after the approval of the
advanced processing application has expired. If the petitioner files the orphan petition after the
advanced processing application has expired, the petition will be denied. This action will be
without prejudice to a new filing at any time with fee.
(14) Revocation. (i) The approval of an advanced processing application or an orphan
petition shall be automatically revoked in accordance with 8 CFR 205.1 if an applicable reason
exists. The approval of an advanced processing application or an orphan petition shall be
revoked if the director becomes aware of information that would have resulted in denial had it
been known at the time of adjudication. Such a revocation or any other revocation on notice shall
be made in accordance with 8 CFR 205.2.
(ii) The approval of a Form I-600A or Form I-600 combination filing is automatically
revoked if before the final decision on a beneficiary’s application for admission with an
immigrant visa or for adjustment of status:
(A) The marriage of the applicant terminates; or
(B) An unmarried applicant marries.
(iii) Revocation is without prejudice to the filing of a new Form I-600A or Form I-600
combination filing, with fee, accompanied by a new or updated home study, reflecting the
change in marital status. If a Form I-600 had already been filed based on the approval of the
prior Form I-600A, a new Form I-600 must also be filed with the new Form I-600A under this
paragraph (h)(14). The new Form I-600 will be adjudicated only if the new Form I-600A is
approved.
* * * * *
9. Section 204.5 is amended by republishing paragraphs (p)(4) heading and (p)(4)(i) to
read as follows:
§ 204.5 Petitions for employment-based immigrants.
*****
(p) * * *
(4) Application for employment authorization. (i) To request employment authorization,
an eligible applicant described in paragraph (p)(1), (2), or (3) of this section must:
(A) File an application for employment authorization (Form I-765), with USCIS, in
accordance with 8 CFR 274a.13(a) and the form instructions.
(B) Submit biometric information as may be provided in the applicable form instructions.
* * * * *
10. Section 204.312 is amended by revising and republishing paragraph (e)(3)(i) and
paragraph (e)(3)(ii) introductory text to read as follows:
§ 204.312 Adjudication of the Form I-800A.
*****
(e) * * *
(3)(i) If the 15-month validity period for a Form I-800A approval is about to expire, the
applicant:
(A) May file Form I-800A Supplement 3 as described in 8 CFR 106.2(a)(31) to request
an extension.
(B) May not file a Form I-800A Supplement 3 seeking extension of an approval notice
more than 90 days before the expiration of the validity period for the Form I-800A approval, but
must do so on or before the date on which the validity period expires if the applicant seeks an
extension.
(ii) Any Form I-800A Supplement 3 that is filed to obtain an extension or update of the
approval of a Form I-800A or to change of Hague Convention countries must be accompanied
by:
*****
11. Section 204.313 is amended by revising and republishing paragraph (a) to read as
follows:
§ 204.313 Filing and adjudication of a Form I-800.
(a) When to file. Once a Form I-800A has been approved and the Central Authority has
proposed placing a child for adoption by the petitioner, the petitioner may file the Form I-800.
The petitioner must complete the Form I-800 in accordance with the instructions that accompany
the Form I-800 and sign the Form I-800 personally. In the case of a married petitioner, one
spouse cannot sign for the other, even under a power of attorney or similar agency arrangement.
The petitioner may then file the Form I-800 with the stateside or overseas USCIS office or the
visa issuing post that has jurisdiction under § 204.308(b) to adjudicate the Form I-800, together
with the evidence specified in this section and the filing fee specified in 8 CFR 106.2, if more
than one Form I-800 is filed for children who are not birth siblings.
*****
PART 212—DOCUMENTARY REQUIREMENTS: NONIMMIGRANTS; WAIVERS;

ADMISSION OF CERTAIN INADMISSIBLE ALIENS; PAROLE
Authority: 6 U.S.C. 111, 202(4) and 271; 8 U.S.C. 1101 and note, 1102, 1103, 1182 and
note, 1184, 1185 note (sec. 7209, Pub. L. 108-458, 118 Stat. 3638), 1187, 1223, 1225, 1226,
1227, 1255, 1359; 8 CFR part 2. Section 212.1(q) also issued under sec. 702, Pub. L. 110-229,
122 Stat. 754, 854.
13. Section 212.19 is amended by revising and republishing paragraphs (b)(1), (c)(1),
(e), (h)(1), and (j) to read as follows:
§ 212.19 Parole for entrepreneurs.
*****
(b) * * *
(1) Filing of initial parole request form. An alien seeking an initial grant of parole as an
entrepreneur of a start-up entity must file Form I-941, Application for Entrepreneur Parole, with
USCIS, with the required fee, and supporting documentary evidence in accordance with this
section and the form instructions, demonstrating eligibility as provided in paragraph (b)(2) of this
section.
*****
(c) * * *
(1) Filing of re-parole request form. Before expiration of the initial period of parole, an
entrepreneur parolee may request an additional period of parole based on the same start-up entity
that formed the basis for his or her initial period of parole granted under this section. To request
such parole, an entrepreneur parolee must timely file an application for entrepreneur parole with
USCIS on the form prescribed by USCIS with the required fee and supporting documentation in
accordance with the form instructions, demonstrating eligibility as provided in paragraph (c)(2)
of this section.
*****
(e) Collection of biometric information. An alien seeking an initial grant of parole or re-
parole will be required to submit biometric information. An alien seeking re-parole may be
required to submit biometric information.
*****
(h) * * *
(1) The entrepreneur’s spouse and children who are seeking parole as derivatives of such
entrepreneur must individually file Form I-131, Application for Travel Document. Such
application must also include evidence that the derivative has a qualifying relationship to the
entrepreneur and otherwise merits a grant of parole in the exercise of discretion. Such spouse or
child will be required to appear for collection of biometrics in accordance with the form
instructions or upon request.
*****
(j) Reporting of material changes. An alien granted parole under this section must
immediately report any material change(s) to USCIS. If the entrepreneur will continue to be
employed by the start-up entity and maintain a qualifying ownership interest in the start-up
entity, the entrepreneur must submit a form prescribed by USCIS, with any applicable fee in
accordance with the form instructions to notify USCIS of the material change(s). The
entrepreneur parolee must immediately notify USCIS in writing if they will no longer be
employed by the start-up entity or ceases to possess a qualifying ownership stake in the start-up
entity.
*****
PART 214—NONIMMIGRANT CLASSES
Authority: 6 U.S.C. 202, 236; 8 U.S.C. 1101, 1102, 1103, 1182, 1184, 1186a, 1187,
1221, 1281, 1282, 1301-1305, 1357, and 1372; sec. 643, Pub. L. 104-208, 110 Stat. 3009-708;
Pub. L. 106-386, 114 Stat. 1477-1480; section 141 of the Compacts of Free Association with the
Federated States of Micronesia and the Republic of the Marshall Islands, and with the
Government of Palau, 48 U.S.C. 1901 note and 1931 note, respectively; 48 U.S.C. 1806; 8 CFR
part 2; Pub. L. 115-218, 132 Stat. 1547 (48 U.S.C. 1806).
15. Section 214.1 is amended by republishing paragraph (c)(5) to read as follows:
§ 214.1 Requirements for admission, extension, and maintenance of status.
*****
(c) * * *
(5) Decision on application for extension or change of status. Where an applicant or
petitioner demonstrates eligibility for a requested extension, it may be granted at the discretion of
USCIS. The denial of an application for extension of stay may not be appealed.
*****
a. Revising and republishing paragraphs (e)(8)(iii) through (v), (e)(23)(viii), (h)(2)(i)(A),
(h)(2)(ii), (h)(5)(i)(B), and (h)(19)(i) introductory text;
b. Revising paragraph (m)(14)(ii) introductory text;
c. Revising and republishing paragraphs (o)(2)(iv)(F), (p)(2)(iv)(F), and (q)(5)(ii);
d. Republishing the definition for "Petition" in paragraph (r)(3);
e. Revising paragraph (r)(5);
f. Republishing paragraph (w)(5) and (w)(15)(iii); and

g. Revising paragraph (w)(16).
The revisions and republications read as follows:
§ 214.2 Special requirements for admission, extension, and maintenance of status.
*****
(e) * * *
(8) * * *
(iii) Substantive changes. Approval of USCIS must be obtained where there will be a
substantive change in the terms or conditions of E status. The treaty alien must file a new
application in accordance with the instructions on the form prescribed by USCIS requesting
extension of stay in the United States, plus evidence of continued eligibility for E classification
in the new capacity. Or the alien may obtain a visa reflecting the new terms and conditions and
subsequently apply for admission at a port-of-entry. USCIS will deem there to have been a
substantive change necessitating the filing of a new application where there has been a
fundamental change in the employing entity’s basic characteristics, such as a merger, acquisition,
or sale of the division where the alien is employed.
(iv) Non-substantive changes. Neither prior approval nor a new application is required if
there is no substantive, or fundamental, change in the terms or conditions of the alien’s
employment that would affect the alien’s eligibility for E classification. Further, prior approval is
not required if corporate changes occur which do not affect the previously approved employment
relationship, or are otherwise non-substantive. To facilitate admission, the alien may:
(A) Present a letter from the treaty-qualifying company through which the alien attained
E classification explaining the nature of the change;
(B) Request a new approval notice reflecting the non-substantive change by filing an
application with a description of the change; or
(C) Apply directly to Department of State for a new E visa reflecting the change. An
alien who does not elect one of the three options contained in paragraphs (e)(8)(iv)(A) through
(C) of this section, is not precluded from demonstrating to the satisfaction of the immigration
officer at the port-of-entry in some other manner, his or her admissibility under section
101(a)(15)(E) of the Act.
(v) Advice. To request advice from USCIS as to whether a change is substantive, an alien
may file an application with a complete description of the change. In cases involving multiple
employees, an alien may request that USCIS determine if a merger or other corporate
restructuring requires the filing of separate applications by filing a single application and
attaching a list of the related receipt numbers for the employees involved and an explanation of
the change or changes.
*****
(23) * * *
(viii) Information for background checks. USCIS may require an applicant for E-2
CNMI Investor status, including but not limited to any applicant for derivative status as a spouse
or child, to submit biometrics as required under 8 CFR 103.16.
*****
(h) * * *
(2) * * *
(i) * * *
(A) General. A United States employer seeking to classify an alien as an H-1B, H-2A,
H-2B, or H-3 temporary employee must file a petition on the form prescribed by USCIS in
accordance with the form instructions.
*****
(ii) Multiple beneficiaries. Up to 25 named beneficiaries may be included in an H-1C,
H-2A, H-2B, or H-3 petition if the beneficiaries will be performing the same service, or
receiving the same training, for the same period, and in the same location. If more than 25
named beneficiaries are being petitioned for, an additional petition is required. Petitions for H-
2A and H-2B workers from countries not designated in accordance with paragraph (h)(6)(i)(E) of
this section must be filed separately.
*****
(5) * * *
(i) * * *
(B) Multiple beneficiaries. The total number of beneficiaries of a petition or series of
petitions based on the same temporary labor certification may not exceed the number of workers
indicated on that document. A single petition can include more than one named beneficiary if the
total number is 25 or less and does not exceed the number of positions indicated on the relating
temporary labor certification.
*****
(19) * * *
(i) A United States employer (other than an exempt employer defined in paragraph
(h)(19)(iii) of this section, or an employer filing a petition described in paragraph (h)(19)(v) of
this section) who files a petition or application must include the additional American
Competitiveness and Workforce Improvement Act (ACWIA) fee referenced in 8 CFR 106.2, if
the petition is filed for any of the following purposes:
*****
(m) * * *
(14) * * *
(ii) Application. An M-1 student must apply for permission to accept employment for
practical training on Form I-765, with fee as contained in 8 CFR part 106, accompanied by a
properly endorsed Form I-20 by the designated school official for practical training. The
application must be submitted before the program end date listed on the student’s Form I-20 but
not more than 90 days before the program end date. The designated school official must certify
on Form I-538 that:

*****
(o) * * *
(2) * * *
(iv) * * *
(F) Multiple beneficiaries. More than one O-2 accompanying alien may be included on a
petition if they are assisting the same O-1 alien for the same events or performances, during the
same period, and in the same location. Up to 25 named beneficiaries may be included per
petition.
*****
(p) * * *
(2) * * *
(iv) * * *
(F) Multiple beneficiaries. More than one beneficiary may be included in a P petition if
they are members of a team or group, or if they will provide essential support to P-1, P-2, or P-3
beneficiaries performing in the same location and in the same occupation. Up to 25 named
beneficiaries may be included per petition.
*****
(q) * * *
(5) * * *
(ii) Petition for multiple participants. The petitioner may include up to 25 named
participants on a petition. The petitioner shall include the name, date of birth, nationality, and
other identifying information required on the petition for each participant. The petitioner must
also indicate the United States consulate at which each participant will apply for a Q-1 visa. For
participants who are visa-exempt under 8 CFR 212.1(a), the petitioner must indicate the port of
entry at which each participant will apply for admission to the United States.
*****
(r) * * *
(3) * * *
Petition means the form or as may be prescribed by USCIS, a supplement containing
attestations required by this section, and the supporting evidence required by this part.
*****
(5) Extension of stay or readmission. An R-1 alien who is maintaining status or is
seeking readmission and who satisfies the eligibility requirements of this section may be granted
an extension of R-1 stay or readmission in R-1 status for the validity period of the petition, up to
30 months, provided the total period of time spent in R-1 status does not exceed a maximum of 5
years. A Petition for a Nonimmigrant Worker to request an extension of R-1 status must be filed
by the employer with a supplement prescribed by USCIS containing attestations required by this
section, the fee specified in 8 CFR part 106, and the supporting evidence, in accordance with the
applicable form instructions.
*****
(w) * * *
(5) Petition requirements. An employer who seeks to classify an alien as a CW-1
worker must file a petition with USCIS and pay the requisite petition fee plus the CNMI
education funding fee and the fraud prevention and detection fee as prescribed in the form
instructions and 8 CFR part 106. If the beneficiary will perform services for more than one
employer, each employer must file a separate petition with fees with USCIS.
*****
(15) * * *
(iii) If the eligible spouse and/or minor child(ren) are present in the CNMI, the spouse or
child(ren) may apply for CW-2 dependent status on Form I-539 (or such alternative form as
USCIS may designate) in accordance with the form instructions. The CW-2 status may not be
approved until approval of the CW-1 petition.

(16) Biometrics and other information. The beneficiary of a CW-1 petition or the spouse
or child applying for a grant or extension of CW-2 status, or a change of status to CW-2 status,
must submit biometric information as requested by USCIS.
*****
17. Section 214.14 is amended by revising and republishing paragraph (c)(1)
introductory text to read as follows:
§ 214.14 Alien victims of certain qualifying criminal activity.
* * * * *
(c) * * *
(1) Filing a petition. USCIS has sole jurisdiction over all petitions for U nonimmigrant
status. An alien seeking U-1 nonimmigrant status must submit a Petition for U Nonimmigrant
Status on the form prescribed by USCIS, and initial evidence to USCIS in accordance with this
paragraph (c)(1) and the form instructions. A petitioner who received interim relief is not
required to submit initial evidence with a Petition for U Nonimmigrant Status if he or she wishes
to rely on the law enforcement certification and other evidence that was submitted with the
request for interim relief.
* * * * *
PART 240—VOLUNTARY DEPARTURE, SUSPENSION OF DEPORTATION AND

SPECIAL RULE CANCELLATION OF REMOVAL
Authority: 8 U.S.C. 1103; 1182, 1186a, 1224, 1225, 1226, 1227, 1251, 1252 note,
1252a, 1252b, 1362; secs. 202 and 203, Pub. L. 105-100 (111 Stat. 2160, 2193); sec. 902, Pub.
L. 105-277 (112 Stat. 2681); 8 CFR part 2.
follows:
§ 240.63 Application process.
(a) Form and fees. Except as provided in paragraph (b) of this section, the application
must be made on the form prescribed by USCIS for this program and filed in accordance with
the instructions for that form. An applicant who submitted to EOIR a completed, Application for
Suspension of Deportation, before the effective date of the form prescribed by USCIS may apply
with USCIS by submitting the completed Application for Suspension of Deportation attached to
a completed first page of the application. Each application must be filed with the required fees
as provided in 8 CFR 106.2.
* * * * *
PART 244—TEMPORARY PROTECTED STATUS FOR NATIONALS OF
DESIGNATED STATES
Authority: 8 U.S.C. 1103, 1254, 1254a note, 8 CFR part 2.
§ 244.6 Application.
(a) An application for Temporary Protected Status must be submitted in accordance with
the form instructions, the applicable country-specific Federal Register notice that announces the
procedures for TPS registration or re-registration and, except as otherwise provided in this
section, with the appropriate fees as described in 8 CFR part 106.
(b) An applicant for TPS may also request an employment authorization document
pursuant to 8 CFR part 274a by filing an Application for Employment Authorization in
accordance with the form instructions and in accordance with 8 CFR 106.2 and 106.3.
22. Section 244.17 is amended by republishing paragraph (a) to read as follows:
§ 244.17 Periodic registration.
(a) Aliens granted Temporary Protected Status must re-register periodically in accordance
with USCIS instructions. Such registration applies to nationals of those foreign states designated
for more than one year by DHS or where a designation has been extended for a year or more.
Applicants for re-registration must apply during the period provided by USCIS. Re-registration
applicants do not need to pay the fee that was required for initial registration except the biometric
services fee, unless that fee is waived in the applicable form instructions, and if requesting an
employment authorization document, the application fee for an Application for Employment
Authorization. By completing the application, applicants attest to their continuing eligibility.
Such applicants do not need to submit additional supporting documents unless USCIS requests
that they do so.
* * * * *
PART 245—ADJUSTMENT OF STATUS TO THAT OF PERSON ADMITTED FOR
PERMANENT RESIDENCE
Authority: 8 U.S.C. 1101, 1103, 1182, 1252, 1255; Pub. L. 105-100, section 202, 111
Stat. 2160, 2193; Pub. L. 105-277, section 902, 112 Stat. 2681; Pub. L. 110-229, tit. VII, 122
Stat. 754; 8 CFR part 2.
a. Revising paragraph (f); and
b. Removing the parenthetical authority citation at the end of the section.
The revision reads as follows:
§ 245.1 Eligibility.
*****
(f) Concurrent applications to overcome grounds of inadmissibility. Except as provided
in 8 CFR parts 235 and 249, an application under this part shall be the sole method of requesting
the exercise of discretion under sections 212(g), (h), (i), and (k) of the Act, as they relate to the
inadmissibility of an alien in the United States.
*****
PART 245a—ADJUSTMENT OF STATUS TO THAT OF PERSONS ADMITTED FOR
TEMPORARY OR PERMANENT RESIDENT STATUS UNDER SECTION 245A OF
THE IMMIGRATION AND NATIONALITY ACT
25. The authority citation for part 245a continues to read as follows:
Authority: 8 U.S.C. 1101, 1103, 1255a and 1255a note.
26. Section 245a.2 is amended by republishing paragraph (e)(3) to read as follows:
§ 245a.2 Application for temporary residence.
*****
(e) * * *
(3) A separate application must be filed by each applicant with the fees required by 8
CFR 106.2.
*****
27. Section 245a.3 is amended by republishing paragraph (d)(3) to read as follows:
§ 245a.3 Application for adjustment from temporary to permanent resident status.
*****
(d) * * *
(3) A separate application must be filed by each applicant with the fees required by 8
CFR 106.2.
*****
28. Section 245a.4 is amended by republishing paragraph (b)(5)(iii) to read as follows:
§ 245a.4 Adjustment to lawful resident status of certain nationals of countries for which
extended voluntary departure has been made available.

*****
(b) * * *
(5) * * *
(iii) A separate application must be filed by each applicant with the fees required by 8
CFR 106.2.
*****
29. Section 245a.12 is amended by republishing paragraph (d) introductory text to read as
follows:
§ 245a.12 Filing and applications.
*****
(d) Application and supporting documentation. Each applicant for LIFE Legalization
adjustment of status must submit the form prescribed by USCIS completed in accordance with
the form instructions accompanied by the required evidence.
*****
PART 264—REGISTRATION AND FINGERPRINTING OF ALIENS IN THE UNITED
STATES
Authority: 8 U.S.C. 1103, 1201, 1303-1305; 8 CFR part 2.
follows:
§ 264.5 Application for a replacement Permanent Resident Card.
(a) Filing instructions. A request to replace a Permanent Resident Card must be filed in
accordance with the appropriate form instructions and with the fee specified in 8 CFR 106.2.
*****
PART 274a—CONTROL OF EMPLOYMENT OF ALIENS
32. The authority citation for part 274a is revised to read as follows:
Authority: 8 U.S.C. 1101, 1103, 1324a; 48 U.S.C. 1806; Pub. L. 101-410, 104 Stat. 890
(28 U.S.C. 2461 note); Pub. L. 114-74, 129 Stat. 599 (28 U.S.C. 2461 note); 8 CFR part 2.
33. Section 274a.12 is amended by revising and republishing paragraphs (b)(9), (13), and
(14) to read as follows:
§ 274a.12 Classes of aliens authorized to accept employment.
*****
(b) * * *
(9) A temporary worker or trainee (H-1, H-2A, H-2B, or H-3), pursuant to 8 CFR
214.2(h), or a nonimmigrant specialty occupation worker pursuant to section
101(a)(15)(H)(i)(b)(1) of the Act. An alien in this status may be employed only by the petitioner
through whom the status was obtained. In the case of a professional H-2B athlete who is traded
from one organization to another organization, employment authorization for the player will
automatically continue for a period of 30 days after acquisition by the new organization, within
which time the new organization is expected to file a new petition for H-2B classification. If a
new petition is not filed within 30 days, employment authorization will cease. If a new petition
is filed within 30 days, the professional athlete’s employment authorization will continue until
the petition is adjudicated. If the new petition is denied, employment authorization will cease.
In the case of a nonimmigrant with H-1B status, employment authorization will automatically
continue upon the filing of a qualifying petition under 8 CFR 214.2(h)(2)(i)(H) until such
petition is adjudicated, in accordance with section 214(n) of the Act and 8 CFR
214.2(h)(2)(i)(H).
*****
(13) An alien having extraordinary ability in the sciences, arts, education, business, or
athletics (O-1), and an accompanying alien (O-2), pursuant to 8 CFR 214.2(o). An alien in this
status may be employed only by the petitioner through whom the status was obtained. In the
case of a professional O-1 athlete who is traded from one organization to another organization,
employment authorization for the player will automatically continue for a period of 30 days after
the acquisition by the new organization, within which time the new organization is expected to
file a new petition for O nonimmigrant classification. If a new petition is not filed within 30
days, employment authorization will cease. If a new petition is filed within 30 days, the
professional athlete’s employment authorization will continue until the petition is adjudicated. If
the new petition is denied, employment authorization will cease.
(14) An athlete, artist, or entertainer (P-1, P-2, or P-3), pursuant to 8 CFR 214.2(p). An
alien in this status may be employed only by the petitioner through whom the status was
obtained. In the case of a professional P-1 athlete who is traded from one organization to another
organization, employment authorization for the player will automatically continue for a period of
30 days after the acquisition by the new organization, within which time the new organization is
expected to file a new petition for P-1 nonimmigrant classification. If a new petition is not filed
within 30 days, employment authorization will cease. If a new petition is filed within 30 days,
the professional athlete’s employment authorization will continue until the petition is
adjudicated. If the new petition is denied, employment authorization will cease.
*****
_________________________________
Alejandro N. Mayorkas,
Secretary,
U.S. Department of Homeland Security.
[FR Doc. 2022-27066 Filed: 1/3/2023 8:45 am; Publication Date: 1/4/2023]

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This document is scheduled to be published in the

Federal Register on 01/04/2023 and available online at

[CIS No. 2687-21; DHS Docket No. USCIS 2021-0010]

Immigration Benefit Request Requirements

AGENCY: U.S. Citizenship and Immigration Services, DHS.

ACTION: Proposed rule.

SUMMARY: The Department of Homeland Security (DHS) proposes to adjust certain

improve service levels.

DATE 60 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER]. The

time at the end of that day.

held on January 11, 2023 at 2:00 pm ET.

registration instructions, see the Public Participation section below.

https://www.regulations.gov. Follow the website instructions for submitting comments.

you cannot submit your comment by using https://www.regulations.gov, please contact

U.S. Citizenship and Immigration Services, Department of Homeland Security, by telephone at

(202) 658-9621 for alternate instructions.

FOR FURTHER INFORMATION CONTACT: Carol Cribbs, Deputy Chief Financial

List of Acronyms and Abbreviations

USCIS-2021-0010 for this rulemaking. Providing comments is entirely voluntary. Regardless of

eRulemaking Portal at https://www.regulations.gov and will include any personal information

notice available through the link in the footer of https://www.regulations.gov.

the virtual public listening sessions, please go to: https://www.uscis.gov/outreach/upcoming-

Docket: For access to the docket, go to https://www.regulations.gov and enter this

rulemaking’s eDocket number: USCIS-2021-0010. The docket includes additional documents

proposed. These documents include:

Review Supporting Documentation (supporting documentation);

 FY 2022/2023 IEFA Fee Schedule Documentation (fee schedule documentation);

 FY 2022/2023 IEFA Fee Review Model Documentation (model documentation);

 FY 2022/2023 Fee Review Regulatory Impact Analysis (RIA); and

 FY 2022/2023 Fee Review Small Entity Analysis (SEA).

II. Executive Summary

premium processing fees are not proposed to be changed in this rule.

Therefore, DHS proposes to adjust USCIS fees.

conducting the FY 2022/2023 fee review. The fee review:

informed decisions concerning program scaling, resource planning, and staffing

 Provides those served by USCIS with an opportunity to submit comments on the

effect of fee changes.

USCIS operations funded by the IEFA.

these petitions more effectively.

A. Summary of Economic Impacts

$4,541,302,033, discounted at 3-percent and $3,739,208,286 discounted at 7-percent.

payments from applicants/petitioners to USCIS of approximately $1,612,133,742 discounted at

USCIS would be $13,751,827,819 at a 3-percent discount rate and $11,322,952,792 at a 7-

percent discount rate.

payments from USCIS to applicants/petitioners of approximately $116,372,429 discounted at

applicants/petitioners would be $992,680,424 at a 3-percent discount rate and $817,351,244 at a

7-percent discount rate.

$1,560,254 at a 7-percent discount rate.

B. Summary of Proposed Provisions

 Adjusting fees according to the schedule in Tables 1 and 26.

waiver requirements that are currently being followed.

 Eliminating the $30 returned check fee.

biometric services fee.

 Revising adoption-related requirements, including adding a Request for Action on

G-1566, Request for Certificate of Non-Existence.

 Miscellaneous technical and procedural changes.

 Creating lower fees for forms filed online.

C. Summary of Current and Proposed Fees

proposed 8 CFR 106.2(a)(58) through (60).