Schedule of Fees for Consular Services, Department of State and Overseas Embassies and Consulates, 66076-66079 [E9-29722]
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srobinson on DSKHWCL6B1PROD with PROPOSALS
Who Should Send Us Comments and
Suggestions?
We invite comments and suggestions
from people who have an interest in the
rules we use to administer the VR cost
reimbursement program, people who
apply for or receive benefits from us,
members of the general public, State VR
agencies, advocates and organizations
who represent parties interested in cost
reimbursement and the Ticket to Work
programs, and others.
What Should You Comment About?
We issued initial Ticket to Work
program regulations on December 23,
2001 (66 FR 67369). On May 20, 2008,
we published amendments to those
rules based on our experience
administering the Ticket to Work
program (73 FR 29324). While those
rules simplified the program and made
it more attractive to beneficiaries and
potential service providers, we have not
yet fully updated the regulations
governing the VR cost reimbursement
program to complement the Ticket to
Work program.
In advance of proposing regulatory
changes to the VR cost reimbursement
program, we would like your general
comments, as well as comments on a
few specific issues. These specific
issues include:
1. What changes to the VR cost
reimbursement regulations might we
consider to make them work more
effectively with the Ticket to Work
program?
2. Is the list of services for which
payment may be made, found at 20 CFR
404.2114 and 416.2214, adequate and
comprehensive? If not, what changes to
the list of allowable services should we
consider?
3. Under the Ticket to Work program,
our rules discount payments to an EN
when it accepts a ticket assignment for
job retention services for a beneficiary
who is a former VR agency client and
was working when the VR agency
closed the VR case. 20 CFR 411.585. Our
reimbursement rules do not cover the
reverse situation: when the EN is the
first provider and the VR agency later
provides job retention or career
advancement services. How should we
avoid duplicate payments for the same
services while ensuring that individuals
get the services they need to maximize
opportunities for employment?
4. Benefits planners (including those
with the Work Incentives Planning and
Assistance organizations) provide
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information to beneficiaries with
disabilities regarding the effect of
earnings on many types of benefits. We
would appreciate your comments about
how benefits planning can become a
more central part of a beneficiary’s
participation in the VR process.
Will We Respond to Your Comments
From This Notice?
We will not respond directly to
comments you send in response to this
ANPRM. After we have considered all
comments and suggestions as well as
what we have learned from our program
experience administering the cost
reimbursement option under the Ticket
to Work program, we will determine
whether and how we should revise our
regulations. If we decide to propose
specific revisions, we will publish a
Notice of Proposed Rulemaking in the
Federal Register, and you will have a
chance to comment on the revisions we
propose.
List of Subjects
20 CFR Part 404
Administrative practice and
procedure, Blind, Disability benefits,
Old-age, Survivors, and Disability
insurance, Reporting and recordkeeping
requirements, Social Security,
Vocational rehabilitation.
processing fees. The rule raises from
$131 to $140 the fee charged for the
processing of an application for most
non-petition-based nonimmigrant visas
(Machine-Readable Visas or MRVs) and
adult Border Crossing Cards (BCCs). The
rule also provides new application fees
for certain categories of petition-based
nonimmigrant visas and treaty trader
and investor visas (all of which are also
MRVs). Finally, the rule increases the
$13 BCC fee charged to Mexican citizen
minors who apply in Mexico, and
whose parent or guardian already has a
BCC or is applying for one, by raising
that fee to $14 by virtue of a
congressionally mandated surcharge
that goes into effect this year. The
Department of State is adjusting the fees
to ensure that sufficient resources are
available to meet the costs of providing
consular services in light of an
independent cost of service study’s
findings that the U.S. Government is not
fully covering its costs for the
processing of these visas under the
current cost structure.
DATES: Written comments must be
received on or before 60 days from the
date of publication in the Federal
Register.
[Public Notice: 6851]
ADDRESSES: Interested parties may
contact the Department by any of the
following methods:
• Persons with access to the Internet
may view this notice and submit
comments by going to the
regulations.gov Web site at: https://
www.regulations.gov/index.cfm.
• Mail (paper, disk, or CD–ROM): U.S.
Department of State, Office of the
Executive Director, Bureau of Consular
Affairs, U.S. Department of State, Suite
H1001, 2401 E Street, NW., Washington,
DC 20520.
• E-mail: fees@state.gov. You must
include the RIN (1400–AC57) in the
subject line of your message.
FOR FURTHER INFORMATION CONTACT:
Amber Baskette, Office of the Executive
Director, Bureau of Consular Affairs,
Department of State; phone: 202–663–
3923, telefax: 202–663–2599; e-mail:
fees@state.gov.
RIN: 1400–AC57
SUPPLEMENTARY INFORMATION:
Schedule of Fees for Consular
Services, Department of State and
Overseas Embassies and Consulates
Background
20 CFR Part 416
Administrative practice and
procedure, Aged, Blind, Disability
benefits, Public assistance programs,
Reporting and recordkeeping
requirements, Supplemental Security
Income (SSI), Vocational rehabilitation.
Dated: November 9, 2009.
Michael J. Astrue,
Commissioner of Social Security.
[FR Doc. E9–29669 Filed 12–11–09; 8:45 am]
BILLING CODE 4191–02–P
DEPARTMENT OF STATE
22 CFR Part 22
AGENCY:
Bureau of Consular Affairs,
State.
ACTION:
Proposed rule.
SUMMARY: This rule amends the
Schedule of Fees for Consular Services
(Schedule) for nonimmigrant visa
application and border crossing card
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What Is the Authority for This Action?
The Department of State derives the
general authority to set the amount of
fees for the consular services it
provides, and to charge those fees, from
the general user charges statute, 31
U.S.C. 9701. See, e.g., 31 U.S.C.
9701(b)(2)(A) (‘‘The head of each agency
* * * may prescribe regulations
establishing the charge for a service or
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Federal Register / Vol. 74, No. 238 / Monday, December 14, 2009 / Proposed Rules
thing of value provided by the agency
* * * based on * * * the costs to the
Government.’’). As implemented
through Executive Order 10718 of June
27, 1957, 22 U.S.C. 4219 further
authorizes the Department to establish
fees to be charged for official services
provided by U.S. embassies and
consulates. Other authorities allow the
Department to charge fees for consular
services, but not to determine the
amount of such fees, as the amount is
statutorily determined. Examples
related to nonimmigrant visas include:
(1) The $13 fee, discussed below, for
machine-readable BCCs for certain
Mexican citizen minors, Omnibus
Consolidated and Emergency
Supplemental Appropriations Act of
1999, Public Law 105–277, 112 Stat.
2681–50, Div. A, Title IV, § 410(a),
(reproduced at 8 U.S.C. 1351 note); and
(2) the reciprocal nonimmigrant visa
issuance fee, 8 U.S.C. 1351.
A number of other statutes address
specific fees and surcharges related to
nonimmigrant visas. A cost-based,
nonimmigrant visa processing fee for
MRVs and BCCs is authorized by
section 140(a) of the Foreign Relations
Authorization Act, Fiscal Years 1994
and 1995, Public Law 103–236, 108 Stat.
382, as amended, and such fees remain
available to the Department until
expended. See, e.g., Enhanced Border
Security and Visa Entry Reform Act of
2002, Public Law 107–173, 116 Stat.
543; see also 8 U.S.C. 1351 note
(reproducing amended law allowing for
retention of MRV and BCC fees).
Furthermore, section 239(a) of the
William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008
(‘‘Wilberforce Act’’) requires the
Secretary of State to collect a $1
surcharge on all MRVs and BCCs in
addition to the processing fee, including
on BCCs issued to Mexican citizen
minors qualifying for a statutorily
mandated $13 processing fee; this
surcharge must be deposited into the
Treasury. See Public Law 110–457, 122
Stat. 5044, Title II, § 239, (reproduced at
8 U.S.C. 1351 note).
The Department last changed MRV
and BCC fees in an interim final rule
dated December 20, 2007. 72 FR 72243.
See Department of State Schedule for
Fees and Funds, 22 CFR 22.1–22.5
Those changes to the Schedule went
into effect January 1, 2008.
Why Is the Department Raising the
Nonimmigrant Visa Fees at This Time?
Consistent with OMB Circular A–25
guidelines, the Department contracted
for an independent cost of service study
(CoSS), which used an activity-based
costing model from August 2007
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through June 2009 to provide the basis
for updating the Schedule. The results
of that study are the foundation of the
current changes to the Schedule.
The CoSS concluded that the average
cost to the U.S. Government of
accepting, processing, adjudicating, and
issuing a non-petition-based MRV
application, including an application for
a BCC, is approximately $136.37 for
Fiscal Year 2010. (The only exception is
the non-petition-based E category visa,
discussed below, for which costs are
greater than $136.37.) The CoSS arrived
at the $136.37 figure taking into account
actual and projected costs of worldwide
nonimmigrant visa operations, visa
workload, and other related costs. This
cost also includes the unrecovered costs
of processing BCCs for certain Mexican
citizen minors. That processing fee is
statutorily frozen at $13, even though
such BCCs cost the Department the
same amount to process as all other
MRVs and BCCs—that is, significantly
more than $13. (As discussed below, a
statutorily imposed $1 surcharge brings
the total fee for Mexican citizen minor
BCCs to $14.) The Department’s costs
beyond $13 must, by statute, be
recovered by charging more for all
MRVs, as well as all BCCs not meeting
the requirements for the reduced fee.
See Omnibus Consolidated and
Emergency Supplemental
Appropriations Act of 1999, Public Law
105–277, Div. A, Title IV, § 410(a)(3)
(reproduced at 8 U.S.C. 1351 note)
(Department ‘‘shall set the amount of
the fee [for processing MRVs and all
other BCCs] at a level that will ensure
the full recovery by the Department
* * * of the costs of processing’’ all
MRVs and BCCs, including reduced cost
BCCs for qualifying Mexican citizen
minors).
Subsequent to the completion of datagathering for the CoSS, the Department’s
Bureau of Consular Affairs decided to
consolidate visa operations support
services through an initiative called the
Global Support Strategy (GSS) in Fiscal
Year 2010. GSS consolidates in one
contract costs of services currently being
paid by MRV and BCC applicants to
various private vendors, including
appointment setting, fee collection,
offsite data collection services and
document delivery. The GSS contract,
which will be awarded competitively,
was initiated due to concerns that fees
for visa services varied from country to
country; the Department’s intent is to
charge a consistent fee worldwide to
applicants for the same type of visa.
Final costs for GSS are not yet known
because the contract has not yet been
awarded, but according to Department
estimates startup costs incurred in
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66077
Fiscal Year 2009 are certain to be at
least $2 per application. When this
additional cost is factored in along with
the costs of recovering losses from the
Mexican citizen minor BCC, the
estimated cost to the U.S. Government
of accepting, processing, and
adjudicating non-petition-based MRV
(except E category) and BCC
applications becomes $138.37.
In addition, section 239(a) of the
Wilberforce Act requires the Department
to collect a fee or surcharge of $1
(‘‘Wilberforce surcharge’’) in addition to
cost-based fees charged for MRVs and
BCCs, to support anti-trafficking
programs. See Wilberforce Act, Public
Law 110–457, Title II, § 239.
Combining the $138.37 cost to the
U.S. Government with the $1
Wilberforce surcharge, the Department
has determined that the fee for nonpetition-based MRV (except E category)
and BCC applications, with the
exception of certain Mexican citizen
minors’ BCCs statutorily set at $13, will
be $140. This $140 fee will allow the
Government to recover the full cost of
processing these visa applications
during the anticipated period of the
current Schedule, and to comply with
its statutory obligation to collect from
applicants the $1 Wilberforce surcharge.
The Department rounded up to $140 to
make it easier for U.S. embassies and
consulates to convert to foreign
currencies, which are most often used to
pay the fee.
For all applicants other than those
Mexican citizen minors who qualify for
the reduced fee, the BCC fee is being
raised to $140 because the document,
which is available to certain Mexican
citizens, has almost identical processing
procedures and functions for those
persons in the same manner as an MRV
functions for all other nonimmigrant
visa applicants.
As noted above, for Mexican citizens
under 15 years of age who apply for a
BCC in Mexico, and have at least one
parent or guardian who has a BCC or is
also applying for one, the BCC fee is
statutorily set at $13. See Consolidated
and Emergency Supplemental
Appropriations Act of 1999, Public Law
105–277, Div. A, Title IV, § 410(a)(1)(A)
(reproduced at 8 U.S.C. 1351 note).
Nevertheless, the $1 Wilberforce
surcharge applies to this fee by the
terms of law establishing the surcharge,
which postdates Public Law 105–277,
Division A, Title IV, § 410(a)(1)(A) and
does not exempt it from its application.
See Wilberforce Act, Public Law 110–
457, Title II, § 239(a). Therefore, the
Department must now charge $14 for
this category of BCC.
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In addition, the 2007–2009 CoSS
found that the cost of accepting,
adjudicating, and issuing MRV
applications for the following categories
of visas is appreciably higher than for
other categories: E (treaty-trader or
treaty-investor); H (temporary workers
´
and trainees); K (fiance(e)s and certain
spouses of U.S. citizens); L
(intracompany transferee); O (aliens
with extraordinary ability); P (athletes,
artists, and entertainers); Q
(international cultural exchange
visitors) and R (aliens in religious
occupations). Each of these visa
categories requires a review of extensive
documentation and a more in-depth
interview of the applicant than BCCs
and other categories of MRVs. The
Department has concluded that it would
be more equitable to those applying for
BCCs and other categories of MRVs, for
which such extensive review is not
necessary, to establish separate fees that
more accurately reflect the cost of
processing these visas. Therefore, this
rule establishes the following fees for
these categories corresponding to
projected cost figures for the visa
category as determined by the CoSS and
incorporating the $1 Wilberforce
surcharge (see Wilberforce Act, Public
Law 110–457, Title II, § 239(a)
(surcharge applies to all nonimmigrant
MRVs)):
H, L, O, P, Q and R: $150.
E: $390.
K: $350.
The Department rounded these fees to
the nearest $10 for the ease of
converting to foreign currencies, which
are most often used to pay the fee.
When Will the Department of State
Implement This Proposed Rule?
srobinson on DSKHWCL6B1PROD with PROPOSALS
The Department intends to implement
this proposed rule, and initiate
collection of the fees set forth herein, as
soon as practicable following the
expiration of the 60-day public
comment period following this
proposed rule’s publication in the
Federal Register, and after the
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Department has had the opportunity to
fully consider any public comments
received and promulgate the associated
final regulation.
Regulatory Findings
Administrative Procedure Act
The Department is publishing this
rule as a proposed rule, with a 60-day
provision for public comments.
Regulatory Flexibility Act
The Department, in accordance with
the Regulatory Flexibility Act, 5 U.S.C.
605(b), has reviewed this rule and, by
approving it, certifies that it will not
have a significant economic impact on
a substantial number of small entities as
defined in 5 U.S.C. 601(6). This rule
raises the application and processing fee
for nonimmigrant visas. Although the
issuance of some of these visas is
contingent upon approval by DHS of a
petition filed by a United States
company with DHS, and these
companies pay a fee to DHS to cover the
processing of the petition, the visa itself
is sought and paid for by an individual
foreign national overseas who seeks to
come to the United States for a
temporary stay. The amount of the
petition fees that are paid by small
entities to DHS is not controlled by the
amount of the visa fees paid by
individuals to the Department of State.
While small entities may cover or
reimburse employees for application
fees, the exact number of such entities
that does so is unknown. Given that the
increase in petition fees accounts for
only 7% of the total percentage of visa
fee increases, the modest 15% increase
in the application fee for employmentbased nonimmigrant visas is not likely
to have a significant economic impact
on the small entities that choose to
reimburse the applicant for the visa fee.
Unfunded Mandates Act of 1995
This rule will not result in the
expenditure by State, local, and Tribal
governments, in the aggregate, or by the
private sector, of $1 million or more in
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any year, and it will not significantly or
uniquely affect small governments.
Therefore, no actions were deemed
necessary under the provisions of the
Unfunded Mandates Reform Act of
1995, 2 U.S.C. 1501–1504.
Small Business Regulatory Enforcement
Fairness Act of 1996
This rule is not a major rule as
defined by section 804 of the Small
Business Regulatory Enforcement
Fairness Act of 1996. See 5 U.S.C.
804(2). This rule will not result in an
annual effect on the economy of $100
million or more; a major increase in
costs or prices; or significant adverse
effects on competition, employment,
investment, productivity, innovation, or
on the ability of United States-based
companies to compete with foreignbased companies in domestic and
import markets.
Executive Order 12866
OMB considers this rule to be a
‘‘significant regulatory action’’ under
Executive Order 12866, section 3(f),
Regulatory Planning and Review, Sept.
30, 1993. 58 FR 51735. This rule is
necessary in light of the Department of
State’s CoSS finding that the cost of
processing non-immigrant visas has
increased since the fee was last set in
2007. The Department is setting the
non-immigrant visa fees in accordance
with 31 U.S.C. 9701 and other
applicable legal authority, as described
in more detail above. See, e.g., 31 U.S.C.
9701(b)(2)(A) (‘‘The head of each agency
* * * may prescribe regulations
establishing the charge for a service or
thing of value provided by the agency
* * * based on * * * the costs to the
Government.’’). This regulation sets the
fees for non-immigrant visas at the
amount required to recover the costs
associated with providing this service to
foreign nationals.
Accordingly, this rule has been
submitted to OMB for review.
Details of the proposed fee changes
are as follows:
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Federal Register / Vol. 74, No. 238 / Monday, December 14, 2009 / Proposed Rules
Proposed
fee
Item No.
21. Nonimmigrant visa application and border
crossing card processing fees:
(a) Non-petition-based category (except E category) ............................................................
(b) H, L, O, P, Q and R category .....................
(c) E category ...................................................
(d) K category ...................................................
(e) Border crossing card—age 15 and over .....
(f) Border crossing card—under age 15 ...........
1 Based
2 Using
Current fee
$140
150
390
350
140
14
Change in
fee
$131
131
131
131
131
13
Percentage
increase
Estimated annual number
of applications 1
7
15
198
167
7
8
5,499,494
498,034
38,466
41,345
673,128
224,376
$9
19
259
219
9
1
Estimated
increase in
annual fees
collected 2
$49,495,446
9,462,646
9,962,694
9,054,555
6,058,152
224,376
on FY2009 actuals.
FY2009 actuals to generate projections.
Historically, nonimmigrant visa
workload has increased year to year at
approximately 5%. However, global
economic conditions led to a 12.7%
drop in demand in Fiscal Year 2009. We
anticipate that with global economic
recovery, demand will return to its
historical pattern of growth after Fiscal
Year 2010. With regard to the economic
impact as a whole, the more than 92%
of nonimmigrant visa applications that
are not petition-based are sought by and
paid for entirely by foreign national
applicants. The revenue increases
resulting from those fees should not be
considered to have a direct cost impact
on the domestic economy.
Executive Order 13132
This rule 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 section 6 of Executive
Order 13132, Federalism, Aug. 4, 1999,
the Department has determined that this
rule does not have sufficient federalism
implications to require consultations or
warrant the preparation of a federalism
summary impact statement. 64 FR
43255.
Paperwork Reduction Act
This rule does not impose any new or
modify any existing reporting or recordkeeping requirements.
List of Subjects in 22 CFR Part 22
Consular services, fees, passports and
visas.
Accordingly, for the reasons stated in
the preamble, 22 CFR part 22 is
proposed to be amended as follows:
PART 22—[AMENDED]
1. The authority citation for part 22 is
amended to read as follows:
Authority: 8 U.S.C. 1101 note, 1153 note,
1183a note, 1351, 1351 note, 1714, 1714 note;
10 U.S.C. 2602(c); 11 U.S.C. 1157 note; 22
U.S.C. 214, 214 note, 1475e, 2504(a), 4201,
4206, 4215, 4219, 6551; 31 U.S.C. 9701; Exec.
Order 10,718, 22 FR 4632 (1957); Exec. Order
11,295, 31 FR 10603 (1966).
2. Revise § 22.1 Item 21 to read as
follows:
SCHEDULE OF FEES FOR CONSULAR SERVICES
Item No.
*
*
*
Fee
*
*
*
*
Nonimmigrant Visa Services
21. Nonimmigrant visa application and border crossing card processing fees (per person):
(a) Non-petition-based nonimmigrant visa (except E category) .......................................................................................................
(b) H, L, O, P and R category nonimmigrant visa ...........................................................................................................................
(c) E category nonimmigrant visa ....................................................................................................................................................
(d) K category nonimmigrant visa ....................................................................................................................................................
(e) Border crossing card—age 15 and over (valid 10 years) ..........................................................................................................
(f) Border crossing card—under age 15; for Mexican citizens if parent or guardian has or is applying for a border crossing
card (valid 10 years of until the applicant reaches age 15, whichever is sooner) .......................................................................
srobinson on DSKHWCL6B1PROD with PROPOSALS
*
*
*
Dated: December 9, 2009.
Patrick Kennedy,
Under Secretary of State for Management,
Department of State.
[FR Doc. E9–29722 Filed 12–11–09; 8:45 am]
BILLING CODE 4710–06–P
*
POSTAL SERVICE
39 CFR Part 111
Eligibility for Commercial Flats Failing
Deflection
AGENCY:
ACTION:
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*
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Postal ServiceTM.
Proposed rule.
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*
$140
150
390
350
140
14
*
SUMMARY: The Postal Service is filing
this proposed rule to describe the
applicable prices for commercial flatsize mail failing to meet new deflection
standards, to be effective on June 7,
2010.
DATES: We must receive your comments
on or before January 13, 2010.
ADDRESSES: Mail or deliver written
comments to the Manager, Mailing
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]]>Agencies
[Federal Register Volume 74, Number 238 (Monday, December 14, 2009)]
[Proposed Rules]
[Pages 66076-66079]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-29722]
=======================================================================
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DEPARTMENT OF STATE
22 CFR Part 22
[Public Notice: 6851]
RIN: 1400-AC57
Schedule of Fees for Consular Services, Department of State and
Overseas Embassies and Consulates
AGENCY: Bureau of Consular Affairs, State.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: This rule amends the Schedule of Fees for Consular Services
(Schedule) for nonimmigrant visa application and border crossing card
processing fees. The rule raises from $131 to $140 the fee charged for
the processing of an application for most non-petition-based
nonimmigrant visas (Machine-Readable Visas or MRVs) and adult Border
Crossing Cards (BCCs). The rule also provides new application fees for
certain categories of petition-based nonimmigrant visas and treaty
trader and investor visas (all of which are also MRVs). Finally, the
rule increases the $13 BCC fee charged to Mexican citizen minors who
apply in Mexico, and whose parent or guardian already has a BCC or is
applying for one, by raising that fee to $14 by virtue of a
congressionally mandated surcharge that goes into effect this year. The
Department of State is adjusting the fees to ensure that sufficient
resources are available to meet the costs of providing consular
services in light of an independent cost of service study's findings
that the U.S. Government is not fully covering its costs for the
processing of these visas under the current cost structure.
DATES: Written comments must be received on or before 60 days from the
date of publication in the Federal Register.
ADDRESSES: Interested parties may contact the Department by any of the
following methods:
Persons with access to the Internet may view this notice
and submit comments by going to the regulations.gov Web site at: https://www.regulations.gov/index.cfm.
Mail (paper, disk, or CD-ROM): U.S. Department of State,
Office of the Executive Director, Bureau of Consular Affairs, U.S.
Department of State, Suite H1001, 2401 E Street, NW., Washington, DC
20520.
E-mail: fees@state.gov. You must include the RIN (1400-
AC57) in the subject line of your message.
FOR FURTHER INFORMATION CONTACT: Amber Baskette, Office of the
Executive Director, Bureau of Consular Affairs, Department of State;
phone: 202-663-3923, telefax: 202-663-2599; e-mail: fees@state.gov.
SUPPLEMENTARY INFORMATION:
Background
What Is the Authority for This Action?
The Department of State derives the general authority to set the
amount of fees for the consular services it provides, and to charge
those fees, from the general user charges statute, 31 U.S.C. 9701. See,
e.g., 31 U.S.C. 9701(b)(2)(A) (``The head of each agency * * * may
prescribe regulations establishing the charge for a service or
[[Page 66077]]
thing of value provided by the agency * * * based on * * * the costs to
the Government.''). As implemented through Executive Order 10718 of
June 27, 1957, 22 U.S.C. 4219 further authorizes the Department to
establish fees to be charged for official services provided by U.S.
embassies and consulates. Other authorities allow the Department to
charge fees for consular services, but not to determine the amount of
such fees, as the amount is statutorily determined. Examples related to
nonimmigrant visas include: (1) The $13 fee, discussed below, for
machine-readable BCCs for certain Mexican citizen minors, Omnibus
Consolidated and Emergency Supplemental Appropriations Act of 1999,
Public Law 105-277, 112 Stat. 2681-50, Div. A, Title IV, Sec. 410(a),
(reproduced at 8 U.S.C. 1351 note); and (2) the reciprocal nonimmigrant
visa issuance fee, 8 U.S.C. 1351.
A number of other statutes address specific fees and surcharges
related to nonimmigrant visas. A cost-based, nonimmigrant visa
processing fee for MRVs and BCCs is authorized by section 140(a) of the
Foreign Relations Authorization Act, Fiscal Years 1994 and 1995, Public
Law 103-236, 108 Stat. 382, as amended, and such fees remain available
to the Department until expended. See, e.g., Enhanced Border Security
and Visa Entry Reform Act of 2002, Public Law 107-173, 116 Stat. 543;
see also 8 U.S.C. 1351 note (reproducing amended law allowing for
retention of MRV and BCC fees). Furthermore, section 239(a) of the
William Wilberforce Trafficking Victims Protection Reauthorization Act
of 2008 (``Wilberforce Act'') requires the Secretary of State to
collect a $1 surcharge on all MRVs and BCCs in addition to the
processing fee, including on BCCs issued to Mexican citizen minors
qualifying for a statutorily mandated $13 processing fee; this
surcharge must be deposited into the Treasury. See Public Law 110-457,
122 Stat. 5044, Title II, Sec. 239, (reproduced at 8 U.S.C. 1351
note).
The Department last changed MRV and BCC fees in an interim final
rule dated December 20, 2007. 72 FR 72243. See Department of State
Schedule for Fees and Funds, 22 CFR 22.1-22.5 Those changes to the
Schedule went into effect January 1, 2008.
Why Is the Department Raising the Nonimmigrant Visa Fees at This Time?
Consistent with OMB Circular A-25 guidelines, the Department
contracted for an independent cost of service study (CoSS), which used
an activity-based costing model from August 2007 through June 2009 to
provide the basis for updating the Schedule. The results of that study
are the foundation of the current changes to the Schedule.
The CoSS concluded that the average cost to the U.S. Government of
accepting, processing, adjudicating, and issuing a non-petition-based
MRV application, including an application for a BCC, is approximately
$136.37 for Fiscal Year 2010. (The only exception is the non-petition-
based E category visa, discussed below, for which costs are greater
than $136.37.) The CoSS arrived at the $136.37 figure taking into
account actual and projected costs of worldwide nonimmigrant visa
operations, visa workload, and other related costs. This cost also
includes the unrecovered costs of processing BCCs for certain Mexican
citizen minors. That processing fee is statutorily frozen at $13, even
though such BCCs cost the Department the same amount to process as all
other MRVs and BCCs--that is, significantly more than $13. (As
discussed below, a statutorily imposed $1 surcharge brings the total
fee for Mexican citizen minor BCCs to $14.) The Department's costs
beyond $13 must, by statute, be recovered by charging more for all
MRVs, as well as all BCCs not meeting the requirements for the reduced
fee. See Omnibus Consolidated and Emergency Supplemental Appropriations
Act of 1999, Public Law 105-277, Div. A, Title IV, Sec. 410(a)(3)
(reproduced at 8 U.S.C. 1351 note) (Department ``shall set the amount
of the fee [for processing MRVs and all other BCCs] at a level that
will ensure the full recovery by the Department * * * of the costs of
processing'' all MRVs and BCCs, including reduced cost BCCs for
qualifying Mexican citizen minors).
Subsequent to the completion of data-gathering for the CoSS, the
Department's Bureau of Consular Affairs decided to consolidate visa
operations support services through an initiative called the Global
Support Strategy (GSS) in Fiscal Year 2010. GSS consolidates in one
contract costs of services currently being paid by MRV and BCC
applicants to various private vendors, including appointment setting,
fee collection, offsite data collection services and document delivery.
The GSS contract, which will be awarded competitively, was initiated
due to concerns that fees for visa services varied from country to
country; the Department's intent is to charge a consistent fee
worldwide to applicants for the same type of visa. Final costs for GSS
are not yet known because the contract has not yet been awarded, but
according to Department estimates startup costs incurred in Fiscal Year
2009 are certain to be at least $2 per application. When this
additional cost is factored in along with the costs of recovering
losses from the Mexican citizen minor BCC, the estimated cost to the
U.S. Government of accepting, processing, and adjudicating non-
petition-based MRV (except E category) and BCC applications becomes
$138.37.
In addition, section 239(a) of the Wilberforce Act requires the
Department to collect a fee or surcharge of $1 (``Wilberforce
surcharge'') in addition to cost-based fees charged for MRVs and BCCs,
to support anti-trafficking programs. See Wilberforce Act, Public Law
110-457, Title II, Sec. 239.
Combining the $138.37 cost to the U.S. Government with the $1
Wilberforce surcharge, the Department has determined that the fee for
non-petition-based MRV (except E category) and BCC applications, with
the exception of certain Mexican citizen minors' BCCs statutorily set
at $13, will be $140. This $140 fee will allow the Government to
recover the full cost of processing these visa applications during the
anticipated period of the current Schedule, and to comply with its
statutory obligation to collect from applicants the $1 Wilberforce
surcharge. The Department rounded up to $140 to make it easier for U.S.
embassies and consulates to convert to foreign currencies, which are
most often used to pay the fee.
For all applicants other than those Mexican citizen minors who
qualify for the reduced fee, the BCC fee is being raised to $140
because the document, which is available to certain Mexican citizens,
has almost identical processing procedures and functions for those
persons in the same manner as an MRV functions for all other
nonimmigrant visa applicants.
As noted above, for Mexican citizens under 15 years of age who
apply for a BCC in Mexico, and have at least one parent or guardian who
has a BCC or is also applying for one, the BCC fee is statutorily set
at $13. See Consolidated and Emergency Supplemental Appropriations Act
of 1999, Public Law 105-277, Div. A, Title IV, Sec. 410(a)(1)(A)
(reproduced at 8 U.S.C. 1351 note). Nevertheless, the $1 Wilberforce
surcharge applies to this fee by the terms of law establishing the
surcharge, which postdates Public Law 105-277, Division A, Title IV,
Sec. 410(a)(1)(A) and does not exempt it from its application. See
Wilberforce Act, Public Law 110-457, Title II, Sec. 239(a). Therefore,
the Department must now charge $14 for this category of BCC.
[[Page 66078]]
In addition, the 2007-2009 CoSS found that the cost of accepting,
adjudicating, and issuing MRV applications for the following categories
of visas is appreciably higher than for other categories: E (treaty-
trader or treaty-investor); H (temporary workers and trainees); K
(fianc[eacute](e)s and certain spouses of U.S. citizens); L
(intracompany transferee); O (aliens with extraordinary ability); P
(athletes, artists, and entertainers); Q (international cultural
exchange visitors) and R (aliens in religious occupations). Each of
these visa categories requires a review of extensive documentation and
a more in-depth interview of the applicant than BCCs and other
categories of MRVs. The Department has concluded that it would be more
equitable to those applying for BCCs and other categories of MRVs, for
which such extensive review is not necessary, to establish separate
fees that more accurately reflect the cost of processing these visas.
Therefore, this rule establishes the following fees for these
categories corresponding to projected cost figures for the visa
category as determined by the CoSS and incorporating the $1 Wilberforce
surcharge (see Wilberforce Act, Public Law 110-457, Title II, Sec.
239(a) (surcharge applies to all nonimmigrant MRVs)):
H, L, O, P, Q and R: $150.
E: $390.
K: $350.
The Department rounded these fees to the nearest $10 for the ease
of converting to foreign currencies, which are most often used to pay
the fee.
When Will the Department of State Implement This Proposed Rule?
The Department intends to implement this proposed rule, and
initiate collection of the fees set forth herein, as soon as
practicable following the expiration of the 60-day public comment
period following this proposed rule's publication in the Federal
Register, and after the Department has had the opportunity to fully
consider any public comments received and promulgate the associated
final regulation.
Regulatory Findings
Administrative Procedure Act
The Department is publishing this rule as a proposed rule, with a
60-day provision for public comments.
Regulatory Flexibility Act
The Department, in accordance with the Regulatory Flexibility Act,
5 U.S.C. 605(b), has reviewed this rule and, by approving it, certifies
that it will not have a significant economic impact on a substantial
number of small entities as defined in 5 U.S.C. 601(6). This rule
raises the application and processing fee for nonimmigrant visas.
Although the issuance of some of these visas is contingent upon
approval by DHS of a petition filed by a United States company with
DHS, and these companies pay a fee to DHS to cover the processing of
the petition, the visa itself is sought and paid for by an individual
foreign national overseas who seeks to come to the United States for a
temporary stay. The amount of the petition fees that are paid by small
entities to DHS is not controlled by the amount of the visa fees paid
by individuals to the Department of State. While small entities may
cover or reimburse employees for application fees, the exact number of
such entities that does so is unknown. Given that the increase in
petition fees accounts for only 7% of the total percentage of visa fee
increases, the modest 15% increase in the application fee for
employment-based nonimmigrant visas is not likely to have a significant
economic impact on the small entities that choose to reimburse the
applicant for the visa fee.
Unfunded Mandates Act of 1995
This rule will not result in the expenditure by State, local, and
Tribal governments, in the aggregate, or by the private sector, of $1
million or more in any year, and it will not significantly or uniquely
affect small governments. Therefore, no actions were deemed necessary
under the provisions of the Unfunded Mandates Reform Act of 1995, 2
U.S.C. 1501-1504.
Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule as defined by section 804 of the
Small Business Regulatory Enforcement Fairness Act of 1996. See 5
U.S.C. 804(2). This rule will not result in an annual effect on the
economy of $100 million or more; a major increase in costs or prices;
or significant adverse effects on competition, employment, investment,
productivity, innovation, or on the ability of United States-based
companies to compete with foreign-based companies in domestic and
import markets.
Executive Order 12866
OMB considers this rule to be a ``significant regulatory action''
under Executive Order 12866, section 3(f), Regulatory Planning and
Review, Sept. 30, 1993. 58 FR 51735. This rule is necessary in light of
the Department of State's CoSS finding that the cost of processing non-
immigrant visas has increased since the fee was last set in 2007. The
Department is setting the non-immigrant visa fees in accordance with 31
U.S.C. 9701 and other applicable legal authority, as described in more
detail above. See, e.g., 31 U.S.C. 9701(b)(2)(A) (``The head of each
agency * * * may prescribe regulations establishing the charge for a
service or thing of value provided by the agency * * * based on * * *
the costs to the Government.''). This regulation sets the fees for non-
immigrant visas at the amount required to recover the costs associated
with providing this service to foreign nationals.
Accordingly, this rule has been submitted to OMB for review.
Details of the proposed fee changes are as follows:
[[Page 66079]]
----------------------------------------------------------------------------------------------------------------
Estimated
annual number Estimated
Item No. Proposed Current fee Change in Percentage of increase in
fee fee increase applications annual fees
\1\ collected \2\
----------------------------------------------------------------------------------------------------------------
21. Nonimmigrant visa
application and border
crossing card processing
fees:
(a) Non-petition-based $140 $131 $9 7 5,499,494 $49,495,446
category (except E
category)..............
(b) H, L, O, P, Q and R 150 131 19 15 498,034 9,462,646
category...............
(c) E category.......... 390 131 259 198 38,466 9,962,694
(d) K category.......... 350 131 219 167 41,345 9,054,555
(e) Border crossing 140 131 9 7 673,128 6,058,152
card--age 15 and over..
(f) Border crossing 14 13 1 8 224,376 224,376
card--under age 15.....
----------------------------------------------------------------------------------------------------------------
\1\ Based on FY2009 actuals.
\2\ Using FY2009 actuals to generate projections.
Historically, nonimmigrant visa workload has increased year to year
at approximately 5%. However, global economic conditions led to a 12.7%
drop in demand in Fiscal Year 2009. We anticipate that with global
economic recovery, demand will return to its historical pattern of
growth after Fiscal Year 2010. With regard to the economic impact as a
whole, the more than 92% of nonimmigrant visa applications that are not
petition-based are sought by and paid for entirely by foreign national
applicants. The revenue increases resulting from those fees should not
be considered to have a direct cost impact on the domestic economy.
Executive Order 13132
This rule 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 section 6 of
Executive Order 13132, Federalism, Aug. 4, 1999, the Department has
determined that this rule does not have sufficient federalism
implications to require consultations or warrant the preparation of a
federalism summary impact statement. 64 FR 43255.
Paperwork Reduction Act
This rule does not impose any new or modify any existing reporting
or record-keeping requirements.
List of Subjects in 22 CFR Part 22
Consular services, fees, passports and visas.
Accordingly, for the reasons stated in the preamble, 22 CFR part 22
is proposed to be amended as follows:
PART 22--[AMENDED]
1. The authority citation for part 22 is amended to read as
follows:
Authority: 8 U.S.C. 1101 note, 1153 note, 1183a note, 1351, 1351
note, 1714, 1714 note; 10 U.S.C. 2602(c); 11 U.S.C. 1157 note; 22
U.S.C. 214, 214 note, 1475e, 2504(a), 4201, 4206, 4215, 4219, 6551;
31 U.S.C. 9701; Exec. Order 10,718, 22 FR 4632 (1957); Exec. Order
11,295, 31 FR 10603 (1966).
2. Revise Sec. 22.1 Item 21 to read as follows:
Schedule of Fees for Consular Services
------------------------------------------------------------------------
Item No. Fee
------------------------------------------------------------------------
* * * * * * *
------------------------------------------------------------------------
Nonimmigrant Visa Services
------------------------------------------------------------------------
21. Nonimmigrant visa application and border crossing card ...........
processing fees (per person):
(a) Non-petition-based nonimmigrant visa (except E $140
category).............................................
(b) H, L, O, P and R category nonimmigrant visa........ 150
(c) E category nonimmigrant visa....................... 390
(d) K category nonimmigrant visa....................... 350
(e) Border crossing card--age 15 and over (valid 10 140
years)................................................
(f) Border crossing card--under age 15; for Mexican 14
citizens if parent or guardian has or is applying for
a border crossing card (valid 10 years of until the
applicant reaches age 15, whichever is sooner)........
* * * * * * *
------------------------------------------------------------------------
Dated: December 9, 2009.
Patrick Kennedy,
Under Secretary of State for Management, Department of State.
[FR Doc. E9-29722 Filed 12-11-09; 8:45 am]
BILLING CODE 4710-06-P
