[Federal Register Volume 77, Number 241 (Friday, December 14, 2012)]
[Notices]
[Pages 74490-74491]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-30226]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2523-12; DHS Docket No. USCIS-2009-0033]
RIN 1615-ZB13


Implementation of Immigrant Visa DHS Domestic Processing Fee

AGENCY: U.S. Citizenship and Immigration Services, Department of 
Homeland Security.

ACTION: Notice.

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SUMMARY: U.S. Citizenship and Immigration Services (USCIS) announces 
that as of February 1, 2013, USCIS will begin to collect a $165 
Immigrant Visa DHS Domestic Processing Fee (USCIS Immigrant Fee) from 
individuals who have been issued immigrant visas by the U.S. Department 
of State (DOS) and are applying for admission to the United States. 
Prospective adoptive parents whose child(ren) is/are seeking admission 
to the United States under the Orphan or Hague Process will be exempt 
from the USCIS Immigrant Fee. The USCIS Immigrant Fee covers the cost 
of processing that is performed in the United States after immigrant 
visa holders receive their visa packages from DOS and are admitted to 
the United States. This notice provides instructions on how individuals 
who have been issued immigrant visas from DOS can pay the fee.

DATES: On February 1, 2013, USCIS will begin collecting the USCIS 
Immigrant Fee from individuals who have been issued immigrant visas by 
DOS.

FOR FURTHER INFORMATION CONTACT: Lyndon Lewis, U.S. Citizenship and 
Immigration Services, Financial Management Division, 20 Massachusetts 
Avenue NW., Washington, DC 20529-2060; or by phone at (202) 272-9675 
(this is not a toll-free number). You may also visit www.USCIS.gov/immigrantfee where a news release and a detailed payment Web page, 
including a set of questions and answers about the USCIS Immigrant Fee, 
are available.

SUPPLEMENTARY INFORMATION:

I. Background on Fee

    On September 24, 2010, the Department of Homeland Security (DHS) 
published the final rule titled, U.S. Citizenship and Immigration 
Services Fee Schedule. 75 FR 58962. That final rule became effective on 
Nov. 23, 2010. The final rule, among other things, established the 
USCIS Immigrant Fee at $165 to recover the cost of processing that is 
performed in the United States after immigrant visa holders receive 
their immigrant visa packages from DOS at overseas consulates and are 
admitted to the United States. See 8 CFR 103.7(b)(1)(i)(D); see also 75 
FR at 58979 (public comments on the Immigrant Visa DHS Domestic 
Processing Fee and DHS response). USCIS established this fee to recover 
its costs associated with processing, filing and maintaining the 
immigrant visa package, and producing and mailing required documents.
    USCIS has not collected the fee from immigrant visa holders 
applying for admission to the United States because implementing 
procedures have only recently been developed in conjunction with DOS. 
Since the fee has not been collected since it was established, USCIS is 
publishing this Notice to announce that the USCIS Immigrant Fee 
collection process is now in place and that USCIS will begin collecting 
the fee in accordance with this Notice and the USCIS fee regulation at 
8 CFR 103.7(b)(1)(i)(D).
    The USCIS Director, however, is exempting from this USCIS Immigrant 
Fee prospective adoptive parents whose child(ren) is/are seeking 
admission to the United States under the Orphan or Hague Process. In 
addition, the Director has determined that the public interest of 
encouraging adoption of international orphans is served by exempting 
these new adoptive parents from this fee. USCIS will include the cost 
of processing immigrant visas for overseas adoptees in the next fee 
study conducted for adjustment of the USCIS fee schedule.

II. Fee Collection Process

    To simplify and centralize the new fee collection process, 
immigrant visa holders applying for admission to the United States must 
pay the USCIS Immigrant Fee online at Pay.gov. Immigrant visa holders 
can electronically submit the fee by answering the questions on the 
USCIS intake page on Pay.gov and providing their checking account, 
debit or credit card information. Check payments must be drawn on a 
U.S. bank. If the immigrant visa holder is unable to make this payment, 
another person can make this payment on the immigrant visa holder's 
behalf.
    Immigrant visa holders must submit payments online after they 
receive their immigrant visa package from DOS. DOS will issue the 
applicant:
     A USCIS handout which will include the immigrant visa 
holder's Alien number and Case ID number; and

[[Page 74491]]

     Instructions on how to submit payment.
    Payment should be made before traveling to the United States. 
Immigrant visa holders should keep a copy of their receipt for their 
records. More details are available at www.USCIS.gov/immigrantfee.
    Failure to pay the USCIS Immigrant Fee will not directly result in 
denial of admission to the United States as an immigrant or the loss of 
status as an alien lawfully admitted for permanent residence. However, 
USCIS will not issue a Permanent Resident Card (Form I-551) to an 
individual who is subject to the USCIS Immigrant Fee until the 
individual has remitted the fee. Failure to obtain the Form I-551 will 
make it difficult for the individual to show that he or she has 
complied with the alien registration requirements in sections 261-266 
of the Immigration and Nationality Act, 8 U.S.C. 1301-1306. It may also 
make it difficult for the individual to show that he or she is 
authorized to accept employment in the United States or to return to 
the United States from temporary foreign travel.

Alejandro N. Mayorkas,
Director, U.S. Citizenship and Immigration Services.
[FR Doc. 2012-30226 Filed 12-13-12; 8:45 am]
BILLING CODE 9111-97-P