Temporary Adjustment of the Immigration and Naturalization Benefit Application and Petition Fee Schedule for Certain Adjustment of Status and Related Applications, 41888-41890 [07-3762]
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41888
Federal Register / Vol. 72, No. 147 / Wednesday, August 1, 2007 / Rules and Regulations
(iii) Minimum charge of $131 ($151,
on or after March 1, 2008) per
individual product;
(iv) Minimum charge of $60 ($69, on
or after March l, 2008) for each
additional lot of the same product.
(2) [RESERVED]
(c) When performing inspections of
products from sea containers unloaded
directly from sea transportation or when
palletized products unloaded directly
from sea transportation are not offered
for inspection at dock-side, the carlot
fees in ‘‘a’’ of this section shall apply.
(d) When performing inspections for
Government agencies, or for purposes
other than those prescribed in
paragraphs (a) through (c) of this
section, including weight-only and
freezing-only inspections, fees for
inspections shall be based on the time
consumed by the grader in connection
with such inspections, computed at a
rate of $64 ($74, on or after March 1,
2008) per hour;
Provided, that:
(1) Charges for time shall be rounded
to the nearest half hour;
(2) The minimum fee shall be two
hours for weight-only inspections, and
one-half hour for other inspections;
(3) When weight certification is
provided in addition to quality and/or
condition inspection, a one hour charge
shall be added to the carlot fee;
(4) When inspections are performed to
certify product compliance for Defense
Personnel Support Centers, the daily or
weekly charge shall be determined by
multiplying the total hours consumed to
conduct inspections by the hourly rate.
The daily or weekly charge shall be
prorated among applicants by
multiplying the daily or weekly charge
by the percentage of product passed
and/or failed for each applicant during
that day or week. Waiting time and
overtime charges shall be charged
directly to the applicant responsible for
their incurrence.
(e) When performing inspections at
the request of the applicant during
periods which are outside the grader’s
regularly scheduled work week, a
charge for overtime or holiday work
shall be made at the rate of $33 for
overtime and $66 for holiday work ($38
for overtime and $74 for holiday work,
on or after March 1, 2008) per hour or
portion thereof in addition to the carlot
equivalent fee, package charge, or
hourly charge specified in this subpart.
Overtime or holiday charges for time
shall be rounded to the nearest half
hour.
(f) When an inspection is delayed
because product is not available or
readily accessible, a charge for waiting
time shall be made at the prevailing
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hourly rate in addition to the carlot
equivalent fee, package charge, or
hourly charge specified in this subpart.
Waiting time shall be rounded to the
nearest half hour.
Dated: July 26, 2007.
Lloyd C. Day,
Administrator, Agricultural Marketing
Service.
[FR Doc. E7–14826 Filed 7–31–07; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Citizenship and Immigration
Services
8 CFR Part 103
[CIS No. 2415–07; Docket No. USCIS–2007–
0039]
RIN 1615–AB60
Temporary Adjustment of the
Immigration and Naturalization Benefit
Application and Petition Fee Schedule
for Certain Adjustment of Status and
Related Applications
U.S. Citizenship and
Immigration Services, DHS.
ACTION: Final rule.
AGENCY:
This rule temporarily amends
the applicable fees for employmentbased Forms I–485, ‘‘Application to
Register Permanent Residence or Adjust
Status,’’ and applications for derivative
benefits associated with such Forms I–
485 filed pursuant to the Department of
State’s July Visa Bulletin No. 107, dated
June 12, 2007. The fees for all other
petitions and applications administered
by U.S. Citizenship and Immigration
Services will continue in force as
effective on July 30, 2007.
DATES: Effective Date: This rule is
effective July 30, 2007, at 12:02 a.m.
EST.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Efren Hernandez III, Business and Trade
Services, Service Center Operations
(Business and Trade Services), U.S.
Citizenship and Immigration Services,
Department of Homeland Security, 111
Massachusetts Avenue, Suite 3000,
Washington, DC 20001, telephone (202)
272–8400.
SUPPLEMENTARY INFORMATION:
I. Background
1. USCIS Fee Schedule
On May 30, 2007, USCIS published
the final rule, effective July 30, 2007,
‘‘Adjustment of the Immigration and
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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. That
rule provides that applications that are
submitted to USCIS with the incorrect
fee will be rejected. For the reasons
described below, USCIS, through this
rule, is amending the fees again on a
temporary basis for certain applications.
This rule will become effective
immediately after the final fee rule
published on May 30, 2007, and makes
only temporary modifications to that
rule to respond to the events described
below. The rule provides limited relief
for specific applicants from the final fee
rule published on May 30, 2007. The
effect of this rule is limited to those
applications filed before August 18,
2007. For applications filed on or after
August 18, 2007, the fees set forth in the
final rule published on May 30, 2007,
will be required. USCIS will remove this
regulation by another rule to be
published in Federal Register on or
about August 17, 2007, to be effective
August 18, 2007.
2. Visa Availability—Summary
The INA establishes formulas and
numerical limits for regulating persons
immigrating to the United States for
permanent residence, to include
defining the employment-based
immigrant visa classifications. INA sec.
201 et seq., 8 U.S.C. 1151 et seq. The
INA provides an annual world-wide
numerical limit on the number of aliens
who may immigrate to the United
States, as well as an annual per-country
numerical limit on the number of aliens
who may emigrate from a particular
country. INA sections 201(d) and
202(a)(2), 8 U.S.C. 1151(d) and
1152(a)(2). In addition, the INA
allocates the total number of world-wide
visas among five employment-based
categories or preferences. INA sec.
203(b), 8 U.S.C. 1153(b). Taken together,
the total number of visas, the country
from which an alien emigrates, and the
allocation of visas among the preference
categories, determines whether a
particular alien may immigrate to the
United States at a certain date.
The Department of State (DOS)
determines the availability of immigrant
visa numbers. See INA sections 203(e)
and (g), 8 U.S.C. 1153(e) and (g). DOS
also controls individual allocation of
employment-based immigrant visas. 22
CFR 42.32. DOS publishes a ‘‘Visa
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Federal Register / Vol. 72, No. 147 / Wednesday, August 1, 2007 / Rules and Regulations
Bulletin’’ each month which
summarizes the availability of
immigrant visa numbers.
The INA provides that the Secretary
of Homeland Security may approve an
application to adjust status if an
immigrant visa is immediately available
at the time the application is filed. See
INA sec. 245(a)(3), 8 U.S.C. 1255(a)(3).
Pursuant to Department of Homeland
Security regulations, an immigrant visa
is considered available, and an
adjustment of status application can be
filed and processed, if the applicant has
a priority date earlier than the date
shown in the current DOS Visa Bulletin.
8 CFR 245.1(g)(1).
sroberts on PROD1PC70 with RULES
3. The July Visa Bulletin
On June 12, 2007, DOS published July
Visa Bulletin No. 107. This Visa
Bulletin indicated that all visas were
current and immediately available for
most employment-based categories. On
July 2, 2007, DOS published Visa
Bulletin No. 108, announcing that there
would be no further visa number
authorizations for employment-based
applications. USCIS announced on that
day that it would not accept any
additional employment-based
adjustment of status applications.
4. USCIS July 17, 2007 Announcement
After consulting with USCIS, DOS
advised USCIS that July Visa Bulletin
No. 107 should be relied upon for
purposes of determining whether
employment-based immigrant visa
numbers are currently available. DOS
has withdrawn Visa Bulletin No. 108.
Consequently, USCIS announced that,
beginning July 17, 2007, 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 Visa
Bulletin No. 107. See ‘‘USCIS
Announces Revised Processing
Procedures for Adjustment of Status
Applications’’ at https://www.uscis.gov/
files/pressrelease/
VisaBulletinUpdate17Jul07.pdf. Visa
Bulletin No. 107 is available at the DOS
Web site at https://travel.state.gov/visa/
frvi/bulletin/bulletin_3258.html or may
be obtained by calling the Information
contact listed in this rule. Applicable
derivative benefit applications are Form
I–765, ‘‘Application for Employment
Authorization,’’ and Form I–131,
‘‘Application for Travel Document,’’
eligibility for which are based on the
Form I–485 filing.
5. Changes Made by This Rule
Because of the mid-month change to
the Visa Bulletin, USCIS has determined
that aliens in employment-based
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15:44 Jul 31, 2007
Jkt 211001
categories filing applications pursuant
to Visa Bulletin No. 107 should not be
required to pay filing fees based on the
fee schedule that becomes effective July
30, 2007. Therefore, as a result of this
rule, aliens who file an employmentbased Form I–485 and any related
Forms I–765 and I–131, pursuant to Visa
Bulletin No. 107, through August 17,
2007, must include the filing fees in
effect prior to July 30, 2007. The new fee
schedule becomes effective on July 30,
2007, for all other immigration and
naturalization applications and
petitions and on August 18, 2007, 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.
This rule does not affect the increase
in fees, pursuant to the final fee
schedule, set to take effect on July 30,
2007, for Form I–140, ‘‘Immigrant
Petition for Alien Worker.’’ Therefore,
aliens who file Form I–140 concurrently
with Form I–485 based on Visa Bulletin
No. 107 between July 30, 2007, and
August 17, 2007, must provide the postJuly 30, 2007, fee for the Form I–140
and the pre-July 30, 2007, fee for Form
I–485. See 8 CFR 245.2(a)(2)(i)(C)
(concurrent filing provisions). The
current fee for Form I–485 is $325.
Therefore, under this rule, the
application fee for an employmentbased Form I–485 filed between July 17
and August 17, 2007, pursuant to Visa
Bulletin No. 107 is $325. In another
rulemaking to be published on or about
August 17, 2007, USCIS will separately
terminate the effect of this rule, as of
August 18, 2007 the fees will be as
prescribed by the final rule of May 30,
2007, or $930 for Form I–485.
Similarly, this rule amends the
effective date of the increase in 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, submitted pursuant to Visa Bulletin
No. 107 between July 30, 2007 and
August 17, 2007. As of July 30, 2007, the
fee for biometric services is $80 for all
other benefits for which biometrics must
be provided.
This rule also provides that applicants
filing Forms I–131 and I–765 in
conjunction with a pending
employment-based Form I–485
submitted pursuant to Visa Bulletin No,
107, must include the pre-July 30, 2007,
fees for these applications with their
filings: $170 for Form I–131 and $180
for Form I–765. Moreover, all Forms I–
131 or I–765 filed as of August 18, 2007,
while adjudication of their Forms I–485
is pending must be accompanied by the
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41889
new application fee. USCIS will not
charge a fee for all other Forms I–131
and I–765 when either is filed by an
applicant who has paid the new Form
I–485 application fee because the new
fee schedule ‘‘bundles’’ the fees for
current and subsequent Forms I–131
and I–765 filed while the applicant
awaits adjudication of Form I–485.
II. 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, 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 EGovernment 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 relieves a requirement of existing
regulations, must be adopted with an
immediate effective date, and is
temporary in nature. 5 U.S.C. 553(d)(1).
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.
E:\FR\FM\01AUR1.SGM
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41890
Federal Register / Vol. 72, No. 147 / Wednesday, August 1, 2007 / Rules and Regulations
Accordingly, part 103 of chapter I of
title 8 of the Code of Federal
Regulations is amended as follows:
I
PART 103—POWERS AND DUTIES;
AVAILABILITY OF RECORDS
1. The authority citation for part 103
continues to read as follows:
I
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.
2. Section 103.7 is amended by
revising the entries ‘‘For capturing
biometric information’’ and the entries
for ‘‘Form I–131’’, ‘‘Form I–485’’, and
‘‘Form I–765’’ in paragraph (b)(1) read
as follows:
I
§ 103.7
Fees.
sroberts on PROD1PC70 with RULES
*
*
*
*
*
(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:
(1) 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.
(2) Pursuant to Visa Bulletin No. 107:
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
U.S. Department of State Visa Bulletin
No. 107, and filed with USCIS on or
after July 30, 2007, and on or before
August 17, 2007, is $70.
*
*
*
*
*
Form I–131. For filing an application
for travel document—$305. However,
the fee for Form I–131 that is submitted
pursuant to U.S. Department of State
Visa Bulletin No. 107 based on a
pending I–485, and filed with USCIS on
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15:44 Jul 31, 2007
Jkt 211001
or after July 30, 2007, and on or before
August 17, 2007, is $170.
*
*
*
*
*
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. However, for
aliens who file an employment-based
Form I–485 pursuant to Visa Bulletin
No. 107, and filed with USCIS on or
after July 30, 2007, and on or before
August 17, 2007, the fee is $325, plus a
fee of $170 will be charged for a request
for travel document (advance parole)
and $180 to request employment
authorization for 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 applicants to receive these
benefits.
*
*
*
*
*
Form I–765. For filing an application
for employment authorization pursuant
to 8 CFR 274a.13—$340. However, the
fee for a Form I–765 that is submitted
pursuant to U.S. Department of State
Visa Bulletin No. 107 based on a
pending I–485, and filed with USCIS on
or after July 30, 2007, and on or before
August 17, 2007, is $180.
*
*
*
*
*
Dated: July 27, 2007.
Michael Chertoff,
Secretary.
[FR Doc. 07–3762 Filed 7–30–07; 9:56 am]
BILLING CODE 4410–10–P
PO 00000
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1
[TD 9330]
RIN 1545–BG66
Built-in Gains and Losses Under
Section 382(h); Correction
Internal Revenue Service (IRS),
Treasury.
ACTION: Correction to temporary
regulations.
AGENCY:
SUMMARY: This document contains a
correction to temporary regulations (TD
9330) that were published in the
Federal Register on Thursday, June 14,
2007 (72 FR 32792) applying to
corporations that have undergone
ownership changes within the meaning
of section 382. These regulations
provide guidance regarding the
treatment of prepaid income under the
built-in gain provisions of section
382(h).
This correction is effective
August 1, 2007.
DATES:
FOR FURTHER INFORMATION CONTACT:
Keith Stanley at (202) 622–7750 (not a
toll-free number).
SUPPLEMENTARY INFORMATION:
Background
The correction notice that is the
subject of this document is under
section 382 of the Internal Revenue
Code.
Need for Correction
As published, temporary regulations
(TD 9330) contain an error that may
prove to be misleading and is in need
of clarification.
Correction of Publication
Accordingly, the publication of the
temporary regulations (TD 9330), which
was the subject of FR Doc. E7–11438, is
corrected as follows:
On page 32794, column 1, in the
preamble, under the paragraph heading
‘‘Special Analyses’’, line 4, the language
‘‘Executive Order 12666. Therefore, a’’
is corrected to read ‘‘Executive Order
12866. Therefore, a’’.
LaNita Van Dyke,
Chief, Publications and Regulations Branch,
Legal Processing Division, Associate Chief
Counsel (Procedure and Administration).
[FR Doc. E7–14802 Filed 7–31–07; 8:45 am]
BILLING CODE 4830–01–P
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]]>Agencies
[Federal Register Volume 72, Number 147 (Wednesday, August 1, 2007)]
[Rules and Regulations]
[Pages 41888-41890]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-3762]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
8 CFR Part 103
[CIS No. 2415-07; Docket No. USCIS-2007-0039]
RIN 1615-AB60
Temporary Adjustment of the Immigration and Naturalization
Benefit Application and Petition Fee Schedule for Certain Adjustment of
Status and Related Applications
AGENCY: U.S. Citizenship and Immigration Services, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule temporarily amends the applicable fees for
employment-based Forms I-485, ``Application to Register Permanent
Residence or Adjust Status,'' and applications for derivative benefits
associated with such Forms I-485 filed pursuant to the Department of
State's July Visa Bulletin No. 107, dated June 12, 2007. The fees for
all other petitions and applications administered by U.S. Citizenship
and Immigration Services will continue in force as effective on July
30, 2007.
DATES: Effective Date: This rule is effective July 30, 2007, at 12:02
a.m. EST.
FOR FURTHER INFORMATION CONTACT: Efren Hernandez III, Business and
Trade Services, Service Center Operations (Business and Trade
Services), U.S. Citizenship and Immigration Services, Department of
Homeland Security, 111 Massachusetts Avenue, Suite 3000, Washington, DC
20001, telephone (202) 272-8400.
SUPPLEMENTARY INFORMATION:
I. Background
1. USCIS Fee Schedule
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.
That rule provides that applications that are submitted to USCIS with
the incorrect fee will be rejected. For the reasons described below,
USCIS, through this rule, is amending the fees again on a temporary
basis for certain applications. This rule will become effective
immediately after the final fee rule published on May 30, 2007, and
makes only temporary modifications to that rule to respond to the
events described below. The rule provides limited relief for specific
applicants from the final fee rule published on May 30, 2007. The
effect of this rule is limited to those applications filed before
August 18, 2007. For applications filed on or after August 18, 2007,
the fees set forth in the final rule published on May 30, 2007, will be
required. USCIS will remove this regulation by another rule to be
published in Federal Register on or about August 17, 2007, to be
effective August 18, 2007.
2. Visa Availability--Summary
The INA establishes formulas and numerical limits for regulating
persons immigrating to the United States for permanent residence, to
include defining the employment-based immigrant visa classifications.
INA sec. 201 et seq., 8 U.S.C. 1151 et seq. The INA provides an annual
world-wide numerical limit on the number of aliens who may immigrate to
the United States, as well as an annual per-country numerical limit on
the number of aliens who may emigrate from a particular country. INA
sections 201(d) and 202(a)(2), 8 U.S.C. 1151(d) and 1152(a)(2). In
addition, the INA allocates the total number of world-wide visas among
five employment-based categories or preferences. INA sec. 203(b), 8
U.S.C. 1153(b). Taken together, the total number of visas, the country
from which an alien emigrates, and the allocation of visas among the
preference categories, determines whether a particular alien may
immigrate to the United States at a certain date.
The Department of State (DOS) determines the availability of
immigrant visa numbers. See INA sections 203(e) and (g), 8 U.S.C.
1153(e) and (g). DOS also controls individual allocation of employment-
based immigrant visas. 22 CFR 42.32. DOS publishes a ``Visa
[[Page 41889]]
Bulletin'' each month which summarizes the availability of immigrant
visa numbers.
The INA provides that the Secretary of Homeland Security may
approve an application to adjust status if an immigrant visa is
immediately available at the time the application is filed. See INA
sec. 245(a)(3), 8 U.S.C. 1255(a)(3). Pursuant to Department of Homeland
Security regulations, an immigrant visa is considered available, and an
adjustment of status application can be filed and processed, if the
applicant has a priority date earlier than the date shown in the
current DOS Visa Bulletin. 8 CFR 245.1(g)(1).
3. The July Visa Bulletin
On June 12, 2007, DOS published July Visa Bulletin No. 107. This
Visa Bulletin indicated that all visas were current and immediately
available for most employment-based categories. On July 2, 2007, DOS
published Visa Bulletin No. 108, announcing that there would be no
further visa number authorizations for employment-based applications.
USCIS announced on that day that it would not accept any additional
employment-based adjustment of status applications.
4. USCIS July 17, 2007 Announcement
After consulting with USCIS, DOS advised USCIS that July Visa
Bulletin No. 107 should be relied upon for purposes of determining
whether employment-based immigrant visa numbers are currently
available. DOS has withdrawn Visa Bulletin No. 108. Consequently, USCIS
announced that, beginning July 17, 2007, 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 Visa
Bulletin No. 107. See ``USCIS Announces Revised Processing Procedures
for Adjustment of Status Applications'' at https://www.uscis.gov/files/
pressrelease/VisaBulletinUpdate17Jul07.pdf. Visa Bulletin No. 107 is
available at the DOS Web site at https://travel.state.gov/visa/frvi/
bulletin/bulletin_3258.html or may be obtained by calling the
Information contact listed in this rule. Applicable derivative benefit
applications are Form I-765, ``Application for Employment
Authorization,'' and Form I-131, ``Application for Travel Document,''
eligibility for which are based on the Form I-485 filing.
5. Changes Made by This Rule
Because of the mid-month change to the Visa Bulletin, USCIS has
determined 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 becomes effective
July 30, 2007. Therefore, as a result of this rule, aliens who file an
employment-based Form I-485 and any related Forms I-765 and I-131,
pursuant to Visa Bulletin No. 107, through August 17, 2007, must
include the filing fees in effect prior to July 30, 2007. The new fee
schedule becomes effective on July 30, 2007, for all other immigration
and naturalization applications and petitions and on August 18, 2007,
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.
This rule does not affect the increase in fees, pursuant to the
final fee schedule, set to take effect on July 30, 2007, for Form I-
140, ``Immigrant Petition for Alien Worker.'' Therefore, aliens who
file Form I-140 concurrently with Form I-485 based on Visa Bulletin No.
107 between July 30, 2007, and August 17, 2007, must provide the post-
July 30, 2007, fee for the Form I-140 and the pre-July 30, 2007, fee
for Form I-485. See 8 CFR 245.2(a)(2)(i)(C) (concurrent filing
provisions). The current fee for Form I-485 is $325. Therefore, under
this rule, the application fee for an employment-based Form I-485 filed
between July 17 and August 17, 2007, pursuant to Visa Bulletin No. 107
is $325. In another rulemaking to be published on or about August 17,
2007, USCIS will separately terminate the effect of this rule, as of
August 18, 2007 the fees will be as prescribed by the final rule of May
30, 2007, or $930 for Form I-485.
Similarly, this rule amends the effective date of the increase in
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, submitted pursuant to
Visa Bulletin No. 107 between July 30, 2007 and August 17, 2007. As of
July 30, 2007, the fee for biometric services is $80 for all other
benefits for which biometrics must be provided.
This rule also provides that applicants filing Forms I-131 and I-
765 in conjunction with a pending employment-based Form I-485 submitted
pursuant to Visa Bulletin No, 107, must include the pre-July 30, 2007,
fees for these applications with their filings: $170 for Form I-131 and
$180 for Form I-765. Moreover, all Forms I-131 or I-765 filed as of
August 18, 2007, while adjudication of their Forms I-485 is pending
must be accompanied by the new application fee. USCIS will not charge a
fee for all other Forms I-131 and I-765 when either is filed by an
applicant who has paid the new Form I-485 application fee because the
new fee schedule ``bundles'' the fees for current and subsequent Forms
I-131 and I-765 filed while the applicant awaits adjudication of Form
I-485.
II. 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, 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 relieves a
requirement of existing regulations, must be adopted with an immediate
effective date, and is temporary in nature. 5 U.S.C. 553(d)(1).
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 41890]]
0
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 capturing
biometric information'' and the entries for ``Form I-131'', ``Form I-
485'', and ``Form I-765'' in paragraph (b)(1) 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:
(1) 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.
(2) Pursuant to Visa Bulletin No. 107: 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 U.S. Department of
State Visa Bulletin No. 107, and filed with USCIS on or after July 30,
2007, and on or before August 17, 2007, is $70.
* * * * *
Form I-131. For filing an application for travel document--$305.
However, the fee for Form I-131 that is submitted pursuant to U.S.
Department of State Visa Bulletin No. 107 based on a pending I-485, and
filed with USCIS on or after July 30, 2007, and on or before August 17,
2007, is $170.
* * * * *
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. However, for aliens who file an
employment-based Form I-485 pursuant to Visa Bulletin No. 107, and
filed with USCIS on or after July 30, 2007, and on or before August 17,
2007, the fee is $325, plus a fee of $170 will be charged for a request
for travel document (advance parole) and $180 to request employment
authorization for 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 applicants to receive these benefits.
* * * * *
Form I-765. For filing an application for employment authorization
pursuant to 8 CFR 274a.13--$340. However, the fee for a Form I-765 that
is submitted pursuant to U.S. Department of State Visa Bulletin No. 107
based on a pending I-485, and filed with USCIS on or after July 30,
2007, and on or before August 17, 2007, is $180.
* * * * *
Dated: July 27, 2007.
Michael Chertoff,
Secretary.
[FR Doc. 07-3762 Filed 7-30-07; 9:56 am]
BILLING CODE 4410-10-P
