[Federal Register Volume 72, Number 159 (Friday, August 17, 2007)]
[Rules and Regulations]
[Pages 46142-46143]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-14973]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

8 CFR Part 103

[Docket No. USCIS-2007-0040; CIS No. 2417-07]
RIN 1615-AB61


Removal of Temporary Adjustment of the Immigration and 
Naturalization Benefit Application and Petition Fee Schedule

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

ACTION: Final rule.

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SUMMARY: This document amends the fee schedule for petitions and 
applications for immigration and naturalization benefits administered 
by U.S. Citizenship and Immigration Services. This rule re-adjusts the 
fees for Forms I-485, ``Application to Register Permanent Residence or 
Adjust Status,'' and applications for derivative benefits associated 
with Forms I-485. This rule removes the temporary adjustment of fees 
promulgated in previously and permits the application of the fees as 
were originally published in the final rule of May 30, 2007, that 
became effective on July 30, 2007.

DATES: Effective Date: This rule is effective August 18, 2007.

FOR FURTHER INFORMATION CONTACT: Efren Hernandez III, Business and 
Trade Services, Service Center Operations, U.S. Citizenship and 
Immigration Services, Department of Homeland Security, 111 
Massachusetts Avenue, Suite 3000, Washington, DC 20529 telephone (202) 
272-8400.

SUPPLEMENTARY INFORMATION:

I. Background

    On May 30, 2007, USCIS published the final rule, effective July 30, 
2007, ``Adjustment of the Immigration and Naturalization Benefit 
Application and Petition Fee Schedule,'' amending 8 CFR part 103 to 
prescribe new fees to fund the cost of processing applications and 
petitions for immigration and naturalization benefits and services, and 
USCIS' associated operating costs pursuant to section 286(m) of the 
Immigration and Nationality Act (INA), 8 U.S.C. 1356(m). 72 FR 29851. 
Then USCIS subsequently announced on July 17, 2007 that, beginning on 
as of that date and ending at the close of business on August 17, 2007, 
it will accept employment-based Forms I-485 filed by aliens whose 
priority dates are current under the Department of State's Visa 
Bulletin No. 107. Also, USCIS decided that aliens in employment-based 
categories filing applications pursuant to Visa Bulletin No. 107 should 
not be required to pay filing fees based on the fee schedule that was 
to become effective July 30, 2007, but, instead should be allowed to 
pay the fees that existed prior to July 30, 2007. This rule provides 
that the fee schedule that became effective for all immigration and 
naturalization petitions and applications as of July 30, will now apply 
for Forms I-485 filed pursuant to Visa Bulletin No. 107 and to all 
subsequent or ``renewal'' applications for advance parole and 
employment authorization based on pending Forms I-485 filed pursuant to 
Visa Bulletin No. 107. Applications that are submitted with the 
incorrect fee will be rejected.
    Similarly, this rule amends the Biometric Services Fee that must 
accompany Forms I-485, or Forms I-131 or I-765 that are based on a 
pending I-485, that are submitted pursuant to Visa Bulletin No. 107 to 
set it at $80 as it is for all other benefits for which biometrics must 
be provided.

II. Informal Rulemaking Requirements

    This rule relates to internal agency management, procedure, and 
practice and is temporary in nature. 5 U.S.C. 553(b)(A). This rule does 
not alter substantive criteria by which USCIS will approve or deny 
applications or determine eligibility for any immigration benefit, but 
relieves certain requirements for a definite period of time for 
specific applications. As a result, DHS is not required to provide the 
public with notice of a proposed rule and the opportunity to submit 
comments on the subject matter of this rule. DHS finds that good cause 
exists for adopting this final rule, without prior notice and public 
comment because the urgency of adopting this rule make prior notice and 
comment impractical and contrary to the public interest. 5 U.S.C. 
553(b)(B).
    This rule relates to internal agency management, and, therefore, is 
exempt from the provisions of Executive Order Nos. 12630, 12866, 12988, 
13045, 13132, 13175, 13211, and 13272. Further, this action is not a 
rule as defined by the Regulatory Flexibility Act, 5 U.S.C. 601 et 
seq., and is therefore exempt from the provisions of that Act. In 
addition, this rule is not subject to the National Environmental Policy 
Act of 1969 (NEPA), 42 U.S.C. 4321 et seq., Title II of the Unfunded 
Mandates Reform Act of 1995, 2 U.S.C. Ch. 17A, 25, or the E-Government 
Act of 2002, 44 U.S.C. 3501, note.
    DHS finds that good cause exists for promulgating this rule without 
delaying the effective date of the rule because the rule terminates a 
relief from a requirement of existing regulations that are adopted 
simultaneously with this rule. This rule must be adopted with an 
effective date commensurate with the adoption of the rule granting the 
relief from the requirements. 5 U.S.C. 553(d)(1). This rule is 
promulgated only in conjunction with the temporary relief from 
requirements in the rule previously published elsewhere in the Federal 
Register.
    This rule does not affect any information collections, reporting or 
recordkeeping requirements under the Paperwork Reduction Act.

List of Subjects in 8 CFR Part 103

    Administrative practice and procedures; Authority delegations 
(government agencies); Freedom of Information; Privacy; Reporting and 
recordkeeping requirements; and Surety bonds.

[[Page 46143]]


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

PART 103--POWERS AND DUTIES; AVAILABILITY OF RECORDS

0
1. The authority citation for part 103 continues to read as follows:

    Authority: 5 U.S.C. 301, 552, 552(a); 8 U.S.C. 1101, 1103, 1304, 
1356; 31 U.S.C. 9701; Public Law 107-296, 116 Stat. 2135 (6 U.S.C. 1 
et seq.); E.O. 12356, 47 FR 14874, 15557; 3 CFR, 1982 Comp., p.166; 
8 CFR part 2.

0
2. Section 103.7 is amended by revising the entries for ``For capturing 
biometric information'' and the entries for ``Form I-131'', ``Form I-
485'', and ``Form I-765'' in paragraph (b)(1), to read as follows:


Sec.  103.7  Fees.

* * * * *
    (b) * * *
    (1) * * *
* * * * *
    For capturing biometric information (Biometric Fee). A service fee 
of $80 will be charged for any individual who is required to have 
biometric information captured in connection with an application or 
petition for certain immigration and naturalization benefits (other 
than asylum), and whose residence is in the United States; provided 
that: Extension for intercountry adoptions: If applicable, no biometric 
service fee is charged when a written request for an extension of the 
approval period is received by USCIS prior to the expiration date of 
approval indicated on the Form I-171H if a Form I-600 has not yet been 
submitted in connection with an approved Form I-600A. This extension 
without fee is limited to one occasion. If the approval extension 
expires prior to submission of an associated Form I-600, then a 
complete application and fee must be submitted for a subsequent 
application.
* * * * *
    Form I-131. For filing an application for travel document--$305.
* * * * *
    Form I-485. For filing an application for permanent resident status 
or creation of a record of lawful permanent residence--$930 for an 
applicant fourteen years of age or older; $600 for an applicant under 
the age of fourteen years when submitted concurrently for adjudication 
with the Form I-485 of a parent and the applicant is seeking to adjust 
status as a derivative of the parent, based on a relationship to the 
same individual who provides the basis for the parent's adjustment of 
status, or under the same legal authority as the parent; no fee for an 
applicant filing as a refugee under section 209(a) of the Act; provided 
that no additional fee will be charged for a request for travel 
document (advance parole) or employment authorization filed by an 
applicant who has paid the Form I-485 application fee, regardless of 
whether the Form I-131 or Form I-765 is required to be filed by such 
applicant to receive these benefits.
* * * * *
    Form I-765. For filing an application for employment authorization 
pursuant to 8 CFR 274a.13--$340.
* * * * *

     Dated: July 27, 2007.
Michael Chertoff,
Secretary.
[FR Doc. E7-14973 Filed 8-16-07; 8:45 am]
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