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III. FEE ADJUSTMENTS


The fee adjustments, as adopted in this rule, are shown in Exhibit 1.


Regulatory Flexibility Act


The Attorney General, in accordance with the Regulatory Flexibility Act (5 U.S.C. 605(b)), has reviewed this regulation and by approving it certifies that this rule will not have a significant economic impact on a substantial number of small entities. This rule adjusts the current Examinations Fee schedule. Its financial impact on users of the services is small. In most cases, the fee increase is $5.


Executive Order 12866


This rule is considered by the Department of Justice, Immigration and Naturalization Service, to be a "significant regulatory action" under Executive Order 12866, Sec. 3(f), Regulatory Planning and Review, because approximately 4 million people per annum will be assessed a user fee to recover the costs of providing adjudication and naturalization services.


Executive Order 12612


The regulation will 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 Executive Order 12612, it is determined that this rule does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment.


Executive Order 12606


The Attorney General certifies that she has assessed this rule in light of the criteria in Executive Order 12606 and has determined that it will not have a significant negative impact on family well-being.


The information collection requirements contained in this rule have been cleared by the Office of Management and Budget under the provisions of the Paperwork Reduction Act. Clearance numbers for these collections are contained in 8 CFR 299.5, Display of Control Numbers.


List of Subjects in 8 CFR Part 103


Administrative practice and procedure, Authority delegations (Government agencies), Fees, Forms, Freedom of information, Privacy, Reporting and recordkeeping requirements, Surety bonds.


Accordingly, part 103 of chapter I of title 8 of the Code of Federal Regulations is amended as follows:


PART 103--POWERS AND DUTIES OF SERVICE OFFICERS; AVAILABILITY OF SERVICE RECORDS


1. The authority citation for Part 103 continues to read as follows:


Authority: 5 U.S.C. 552, 552a; 8 U.S.C. 1101, 1103, 1201, 1252 note, 1252b, 1304, 1356; 31 U.S.C. 9701; E.O. 12356, 47 FR 14874, 15557; 3 CFR, 1982 Comp., p. 166; 8 CFR part 2.


2. Section 103.7, paragraph (b)(1) is amended by revising the entries listed to read as follows:


Sec. 103.7 Fees.


* * * * *

(b) * * *


(1) * * *


Form I-17. For filing an application for school approval, except in the case of a school or school system owned or operated as a public educational institution or system by the United States or a state or political subdivision thereof--$140.


Form I-90. For filing an application for Alien Registration Receipt Card (Form I-551) in lieu of an obsolete card or in lieu of one lost, mutilated or destroyed, or in a changed name--$75.


Form I-102. For filing an application (Form I-102) for Arrival-Departure Record (Form I-94) or Crewman's Landing Permit (Form I-95), in lieu of one lost, mutilated, or destroyed--$65.


Form I-129. For filing a petition for a nonimmigrant worker--If a petition with unnamed beneficiaries, a fee of $75 per petition. If a petition with named beneficiaries, a base fee of $75 plus: --$10 per worker if requesting consulate or port-of-entry notification for visa issuance or admission; --$80 per worker if requesting a change of status; or --$50 per worker if requesting an extension of stay. If filing an extension of stay or change of status for one worker, dependents may be included for a fee of $10 per dependent.


* * * * *


Form I-130. For filing a petition to classify status of alien relative for issuance of immigrant visa under section 204(a) of the Act--$80.


Form I-131. For filing an application for issuance of reentry permit--$70.


Form I-140. For filing a petition to classify preference status of an alien on basis of profession or occupation under section 204(a) of the Act--$75.


* * * * *


Form I-192. For filing an application for discretionary relief under section 212(d)(3) of the Act, except, in an emergency case, or where the approval of the application is in the interest of the United States Government--$90.


Form I-193. For filing an application for waiver of passport and/or visa--$95.


Form I-212. For filing an application for permission to reapply for an excluded or deported alien, an alien who has fallen into distress and has been removed as an alien enemy, or an alien who has been removed at Government expense in lieu of deportation--$95.


* * * * *


Form I-360. For filing a petition for an Amerasian, Widow(er), or Special Immigrant--$80, except there is no fee for a petition seeking classification as an Amerasian.


Form I-485. For filing an application for permanent residence status or creation of a record of lawful permanent residence--$130 for an applicant 14 years of age or older; $100 for an applicant under the age of 14 years.


* * * * *


Form I-526. For filing a petition for an alien entrepreneur--$155.


* * * * *


Form I-539. For filing an application to extend or change nonimmigrant status--$75 plus $10 per coapplicant.


* * * * *


Form I-600. For filing a petition to classify orphan as an immediate relative for issuance of immigrant visa under section 204(a) of the Act. (When more than one petition is submitted by the same petitioner on behalf of orphans who are brothers or sisters, only one fee will be required.)--$155.


Form I-600A. For filing an application for advance processing of orphan petition. (When more than one petition is submitted by the same petitioner on behalf of orphans who are brothers or sisters, only one fee will be required.)--$155.


Form I-601. For filing an application for waiver of ground of excludability under section 212(h) or (i) of the Act. (Only a single application and fee shall be required when the alien is applying simultaneously for a waiver under both those sub-sections--$95.


Form I-612. For filing an application for waiver of the foreign-residence requirement under section 212(e) of the Act--$95.


* * * * *


Form I-751. For filing a petition to remove the conditions on residence which is based on marriage--$80.


* * * * *


Form I-765. For filing an application for employment authorization pursuant to 8 CFR 274a.13--$70.


* * * * *


Form I-817. For filing an application for voluntary departure under the Family Unity Program--$80. The maximum amount payable by the members of a family filing their applications concurrently shall be $225.


* * * * *


Form N-300. For filing an application for declaration of intention--$75.


* * * * *


Form N-400. For filing an application for naturalization--$95. For filing an application for naturalization under section 405 of the Immigration Act of 1990, if the applicant will be interviewed in the Philippines--$120.


* * * * *


Form N-470. For filing an application for section 316(b) or 317 of the Act benefits--$115.


Form N-565. For filing an application for a certificate of naturalization or declaration of intention in lieu of a certificate or declaration alleged to have been lost, mutilated, or destroyed; for a certificate of citizenship in a changed name under section 343(b) or (d) of the Act; or for a special certificate of naturalization to obtain recognition as a citizen of the United States by a foreign state under section 343(c) of the Act--$65.


Form N-600. For filing an application for certificate of citizenship under section 309(c) or section 341 of the Act--$100.


Form N-643. For filing an application for a certificate of citizenship on behalf of an adopted child--$80.


Form N-644. For filing an application for posthumous citizenship--$80.


* * * * *



June 8, 1994 _________________ Dated:   Signed _______________________________ Janet Reno, Attorney General  





EXHIBIT 1


NOTE. The following exhibit will not appear in the Code of Federal Regulations.



EXAMINATIONS FEE ACCOUNT

Revised Fees



Form No.   Form Name/Description   Fee  
     
     
I-17   Petition for Approval of School for Attendance by Nonimmigrant Students   $140  
     
I-90   Application to Replace Alien Registration   75  
     
I-102   Application for Replacement/Initial Nonimmigrant Arrival Departure Document   65  
     
I-129   Petition for a Nonimmigrant Worker   see below 1/  
     
I-129F   Petition for Alien Fiance(e)   75  
     
I-130   Petition for Alien Relative   80  
     
I-131   Application for Travel Document   70  
     
I-140   Immigrant Petition for Alien Worker   75  
     
I-191   Application for Advance Permission to Return to Unrelinquished Domicile   90  
     
I-192   Application for Advance Permission to Enter as Nonimmigrant   90  
     
I-193   Application for Waiver of Passport and/or Visa   95  
     
I-212   Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal   95  
     
I-360   Petition for Amerasian, Widow(er), or Special Immigrant (except for a petition seeking classification as an Amerasian in which case the fee is waived)   80  
     
I-485   Application to Register Permanent    
  Residence or Adjust Status    
  If 14 years or age or older:   130  
  If under 14 years of age:   100  
     
I-526   Immigrant Petition by Alien Entrepreneur   155  
     
I-539   Application to Extend/Change   75 plus 10 per  
  Nonimmigrant Status   coapplicant  
     
I-600   Petition to Classify Orphan as an Immediate Relative   155  
     
I-600A   Application for Advance Processing of Orphan Petition   155  
     
I-601   Application for Waiver of Grounds of Excludability   95  
     
I-612   Application for Waiver of the Foreign Residence Requirement   95  
     
I-751   Petition to Remove the Condition on Residence   80  
     
I-765   Application for Employment Authorization   70  
     
I-817   Application for Voluntary Departure Under Family Unity Program   80  
     
N-300   Application to File Declaration of Intention   75  
     
N-400   Application for Naturalization   95  
     
N-470   Application to Preserve Residence for Naturalization Purposes   115  
     
N-565   Application for Replacement Naturalization/Citizenship Document   65  
     
N-600   Application for Certificate of Citizenship   100  
     
N-643   Application for Certificate of Citizenship in Behalf of an Adopted Child   80  
     
N-644   Application for Posthumous Citizenship   80  


1/     Petition with Unnamed Beneficiaries:


- Fee of $75 per petition.


    Petition with Named Beneficiaries:


- Base fee of $75 per petition plus either:


-- $10 per worker if requesting consulate or port-of-entry notification for visa issuance or admission;


-- $80 per worker if requesting a change of status; or


-- $50 per worker if requesting an extension of stay. If filing an extension of stay or change of status for one worker, dependents may be included for a fee of $10 per dependent.






\ fr \ Federal Register Publications (CIS, ICE, CBP) \ Federal Register Publications (Legacy INS) - 1994 \ FEDERAL REGISTER FINAL REGULATIONS - 1994 \ Adjustment to the Examinations Fee Schedule [59 FR 30516 - 30520][FR 36-94] \ III. FEE ADJUSTMENTS
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