INS PROPOSES TO RAISE FEES FOR MANY APPLICATIONS AND PETITIONS
Immigrants' Rights Update, Vol. 15, No. 5, Aug. 31, 2001

The Immigration and Naturalization Service has published a proposed rule in the Federal Register that would increase the fees charged for numerous categories of applications and petitions. The INS periodically reviews its fee schedule to ensure that the fees that are collected cover the full costs of providing all of the agency's adjudication and naturalization services. Fees that are collected go into the Immigration Examinations Fee Account (IEFA), which is the primary source of funding for the agency's Adjudications and Naturalization Program, as well as some other programs that Congress has directed. Some of the common applications and petitions for which fee increases are proposed are listed in the table below; the INS last reviewed and raised fees for some of these applications in 1999.

In the supplemental information published with the proposed rule, the INS explains that the 1999 partial review of fee levels used a different methodology than the agency used in its prior (1997) review and produced results that the INS "could not easily explain." For example, in January 1999, the fee for the N-400 (Application for Naturalization) was increased from $95 to $225. The INS believes that this increase was justified by the creation of the Naturalization Quality Procedures program. However, the 1999 fee review would have led to a further increase of this fee-to $345-even though "the processing of naturalization applications has remained fundamentally unchanged since January 1999." Because of "apparent problems" with the 1999 review, according to the supplemental information, "the Service is relying primarily on the 1997 review" in determining the proposed fees. The agency has made adjustments for anticipated inflation, since the INS expects these fees to be maintained through 2003. The agency also has added $5 to the fee for each application and petition to cover information technology and quality assurance costs. The INS is also proposing to double the fee for fingerprinting, raising it from $25 to $50.

One anomaly with the proposed fees is that, while the fee for the I-485 adjustment application would be raised from $220 to $255, the fee for an I-485 application on behalf of an applicant for legalization under the Legal Immigration Family Equity (LIFE) Act of 2000 and the LIFE Act Amendments is $330. In issuing interim regulations to implement LIFE legalization in June 2001, the INS established the fee for adjustment under the LIFE Act based on the 1999 fee review, which indicated that the full cost of adjudicating Form I-485 is $330. The INS explains that it "now questions the methodology and limited nature of [the 1999] review and is proposing that the Form I-485 fee be $255." However, due to possible "start-up costs associated with processing legalization applicants," the INS will keep the separate LIFE Act fee in effect for now while the agency undertakes a review of that fee. After that review, the INS will undertake separate rulemaking regarding the LIFE Act fee.

The INS invites public comment, to be considered in the development of a final rule. Comments must be received on or before Oct. 9, 2001.

66 Fed. Reg. 41,456-62 (Aug. 8, 2001).

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