ADJUSTED FEES FOR IMMIGRATION APPLICATIONS GO INTO EFFECT ON NOVEMBER 23, 2010.

ADJUSTED FEES FOR IMMIGRATION APPLICATIONS GO INTO EFFECT ON NOVEMBER 23, 2010.

WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) today announced a final rule adjusting fees for immigration applications and petitions. The final rule follows a period of public comment on a proposed rule, which USCIS published in the Federal Register on June 11, 2010. After encouraging stakeholders to share their input, USCIS considered all 225 comments received. The final

rule will increase overall fees by a weighted average of about 10 percent but will not increase the fee for

the naturalization application.

The adjusted fees will go into effect on November 23, 2010.

“USCIS is grateful for the valuable public input that we received as we prepared the final fee rule,” said

USCIS Director Alejandro Mayorkas. “We remain mindful of the effect of fee increases on the communities we serve, and we will continue to work to enhance the services we provide.”

The final fee rule establishes three new fees, including a fee for regional center designations under the

Immigrant Investor (EB-5) Pilot Program, a fee for individuals seeking civil surgeon designation, and a

fee to recover USCIS costs to process immigrant visas granted by the Department of State. Additionally,

the final rule reduces and eliminates several fees, including some for servicemembers and certain veterans

of the U.S. armed forces who are seeking citizenship-related benefits. The final rule also expands the

availability of fee waivers to additional categories.

USCIS is a primarily fee-based organization, with about 90 percent of its budget coming from fees paid

by applicants and petitioners for immigration benefits. The law requires USCIS to conduct fee reviews

every two years to determine the funding levels necessary to administer the nation’s immigration laws,

process immigration benefit requests and provide the infrastructure needed to support those activities. The

final fee rule announced today concludes a comprehensive review begun in 2009.

USCIS’s fee revenue in fiscal years 2008 and 2009 was much lower than projected, and fee revenue in fiscal year 2010 remains low. While USCIS received appropriations from Congress and made budget cuts of approximately $160 million, this has not bridged the remaining gap between costs and anticipated revenue. A fee adjustment, as detailed in the final rule announced today, is necessary to ensure USCIS recovers the costs of its operations while also meeting the application processing goals identified in the 2007 fee rule. A detailed Fact Sheet and a set of Questions and Answers on the final fee rule accompany this News Release.

To read the final rule, please see the Federal Register announcement. For more information on

USCIS and its programs, visit www.uscis.gov.

– USCIS –

Fact Sheet Sept. 23, 2010

After Public Comment, U.S. Citizenship and Immigration Services Announces Final Rule Adjusting Fees for Immigration Benefits Introduction

U.S. Citizenship and Immigration Services (USCIS) today announced a final rule adjusting fees for

immigration applications and petitions. The final rule follows a period of public comment on a proposed

version of the rule, which USCIS published in the Federal Register on June 11, 2010. After encouraging stakeholders to share their input, USCIS considered all 225 comments received. The final rule will increase overall fees by a weighted average of about 10 percent but will not increase the fee for the naturalization application. The rule will also reduce fees for six individual applications and petitions and will expand the availability of fee waivers to new categories. The final rule will be published in the

Federal Register September 24, and the adjusted fees will go into effect on November 23, 2010.

USCIS is a primarily fee-based organization with about 90 percent of its budget coming from fees paid by applicants and petitioners for immigration benefits. The law requires USCIS to conduct fee reviews every two years to determine whether it is recovering its costs to administer the nation’s immigration laws, process applications, and provide the infrastructure needed to support those activities. Remaining funds come from appropriations provided annually by Congress. The final fee rule concludes a comprehensive fee review begun in 2009.

USCIS’s Fee-based Budget

Fees account for approximately $2.4 billion of USCIS’s $2.8 billion budget request for fiscal year (FY)

2011. More than two-thirds of the budget supports the adjudication of applications and petitions for

immigration benefits at USCIS field offices, service centers, customer service call centers and records

facilities. The remainder supports USCIS business transformation efforts and the funding of headquarters

program offices.

The adjudication areas supported by fees include the following:

• Family-based petitions - facilitating the process for close relatives to immigrate, gain permanent

residency, travel and work;

• Employment-based petitions - facilitating the process for current and prospective employees to

immigrate to or stay in the U.S. temporarily;

• Asylum and refugee processing - adjudicating asylum and processing refugees;

• Naturalization - adjudicating eligibility for U.S. citizenship;

• Special status programs - adjudicating eligibility for U.S. immigration status as a form of humanitarian aid to foreign nationals; and

• Document issuance and renewal - verifying eligibility for, producing and issuing immigration documents.

USCIS’s fee revenue in fiscal years 2008 and 2009 was much lower than projected, and fee revenue in fiscal year 2010 remains low. While USCIS did receive appropriations from Congress and made budget cuts of approximately $160 million, this has not bridged the remaining gap between costs and anticipated revenue. A fee adjustment, as detailed in the final rule, is necessary to ensure USCIS recovers the costs of its operations while also meeting the application processing goals identified in the 2007 fee rule. Highlights of the 2010 Final Fee Rule

The final fee rule will increase the average application and petition fees by approximately 10 percent. In

recognition of the unique importance of naturalization, the final fee rule contains no increase in the

naturalization application fee.

The final fee rule establishes three new fees for:

• Regional center designation under the Immigrant Investor Pilot Program (EB-5);

• Individuals seeking civil surgeon designation (with an exemption for certain physicians who examine servicemembers, veterans, and their families at U.S. government facilities); and

• Recovery of the USCIS cost of processing immigrant visas granted by the Department of State.

The final fee rule adjusts fees for the premium processing service. This adjustment will ensure that USCIS can continue to modernize as an efficient and effective organization. The final fee rule reduces fees for six individual applications and petitions:

• Petition for Alien Fiancé (Form I-129F);

• Application to Extend/Change Nonimmigrant Status (Form I-539);

• Application to Adjust Status from Temporary to Permanent Resident (Form I-698);

• Application for Family Unity Benefits (Form I-817);

• Application for Replacement Naturalization/Citizenship Document (Form N-565); and

• Application for Travel Document (Form I-131), when filed for Refugee Travel Document.

The final fee rule eliminates two citizenship-related fees for those service members and veterans of the

U.S. armed forces who are eligible to file an Application for Naturalization (Form N-400) with no fee:

• Request for Hearing on a Decision in Naturalization Proceedings (Form N-336); and

• Application for Certificate of Citizenship (Form N-600).

Lastly, the final fee rule expands the availability of fee waivers to new categories, including:

• Individuals seeking humanitarian parole under an Application for Travel Document (Form I-131);

• Individuals with any benefit request under the William Wilberforce Trafficking Victims

Protection Reauthorization Act of 2008; and

• Individuals filing a Notice of Appeal or Motion (Form I-290B) following a denial of any application or petition that did not initially require a fee.

Schedule of Fees

I-90 Application to Replace Permanent Resident Card $290 - $365

I-102 Application for Replacement/Initial Nonimmigrant Arrival-Departure Document $320- $330

I-129/129CW Petition for a Nonimmigrant Worker $320- $325

I-129F Petition for Alien Fiancé(e) $455- $340

I-130 Petition for Alien Relative $355- $420

I-131 Application for Travel Document $305- $360

I-140 Immigrant Petition for Alien Worker $475- $580

I-191 Application for Advance Permission to Return to

Unrelinquished Domicile $545- $585

I-192 Application for Advance Permission to Enter as Nonimmigrant $545- $585

I-193 Application for Waiver of Passport and/or Visa $545- $585

I-212 Application for Permission to Reapply for Admission into the

U.S. after Deportation or Removal $545- $585

I-290B Notice of Appeal or Motion $585-$630

I-360 Petition for Amerasian, Widow(er), or Special Immigrant $375- $405

I-485 Application to Register Permanent Residence or Adjust Status $930- $985

I-526 Immigrant Petition by Alien Entrepreneur $1,435- $1,500

I-539 Application to Extend/Change Nonimmigrant Status $300-$290

I-600/600A

I-800/800A

Petition to Classify Orphan as an Immediate Relative/Application for Advance Processing of Orphan Petition $670 -$720

I-601 Application for Waiver of Ground of Excludability $545- $585

I-612 Application for Waiver of the Foreign Residence Requirement $545- $585

I-687 Application for Status as a Temporary Resident under Sections

245A or 210 of the Immigration and Nationality Act $710- $1,130

I-690 Application for Waiver of Grounds of Inadmissibility $185-$200

I-694 Notice of Appeal of Decision under Sections 245A or 210 of the Immigration and Nationality Act $545- $755

I-698 Application to Adjust Status from Temporary to Permanent Resident (Under Section 245A of Public Law 99-603) $1,370 - $1,020

I-751 Petition to Remove the Conditions of Residence $465- $505

I-765 Application for Employment Authorization $340- $380

I-817 Application for Family Unity Benefits $440- $435

I-824 Application for Action on an Approved Application or Petition $340- $405

I-829 Petition by Entrepreneur to Remove Conditions $2,850-$3,750

I–881 Application for Suspension of Deportation or Special Rule Cancellation of Removal (Pursuant to Section 203 of Public Law 105–110) $285 $285

I–907 Request for Premium Processing Service $1,000 $1,225

Civil Surgeon Designation $0 - $615

I-924 Application for Regional Center under the Immigrant Investor

Pilot Program $0 - $6,230

N-300 Application to File Declaration of Intention $235- $250

N-336 Request for Hearing on a Decision in Naturalization Proceedings $605- $650

N-400 Application for Naturalization $595 - $595

N-470 Application to Preserve Residence for Naturalization Purposes $305- $330

N-565 Application for Replacement Naturalization/Citizenship Document $380- $345

N-600/ 600K Application for Certification of Citizenship/ Application for Citizenship and Issuance of Certificate under Section 322 $460- $600

Immigrant Visa $0 - $165

Biometrics Capturing, Processing, and Storing Biometric Information $80 - $85