Agency Information Collection Activities; Revision of a Currently Approved Collection: Request for Fee Waiver; Exemptions, 26137-26140 [2019-11744]
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Federal Register / Vol. 84, No. 108 / Wednesday, June 5, 2019 / Notices
Community
26137
Community map repository address
Cuyahoga County, Ohio and Incorporated Areas
Docket No.: FEMA–B–1804
City of Bay Village ....................................................................................
City of Cleveland ......................................................................................
City of Euclid ............................................................................................
City of Lakewood ......................................................................................
City of Rocky River ...................................................................................
Village of Bratenahl ..................................................................................
Engineering Department, 350 Dover Center Road, Bay Village, OH
44140.
City Hall, 601 Lakeside Avenue, Cleveland, OH 44114.
City Hall, 585 East 222nd Street, Euclid, OH 44123.
City Hall, 12650 Detroit Avenue, Lakewood, OH 44107.
City Hall, 21012 Hilliard Boulevard, Rocky River, OH 44116.
Village Hall, 411 Bratenahl Road, Bratenahl, OH 44108.
Richland County, Ohio and Incorporated Areas
Docket No.: FEMA–B–1703
City of Shelby ...........................................................................................
Unincorporated Areas of Richland County ...............................................
City Hall, 43 West Main Street, Shelby, OH 44875.
Richland County Engineer’s Office, 77 North Mulberry Street, Mansfield, OH 44902.
Galveston County, Texas and Incorporated Areas
Docket No.: FEMA–B–1315 and FEMA–B–1827
City
City
City
City
City
City
City
of
of
of
of
of
of
of
Bayou Vista ...................................................................................
Clear Lake Shores ........................................................................
Dickinson .......................................................................................
Friendswood ..................................................................................
Galveston ......................................................................................
Hitchcock .......................................................................................
Jamaica Beach .............................................................................
City
City
City
City
City
of
of
of
of
of
Kemah ...........................................................................................
La Marque .....................................................................................
League City ...................................................................................
Santa Fe .......................................................................................
Texas City .....................................................................................
Unincorporated Areas of Galveston County ............................................
Village of Tiki Island .................................................................................
on the Flood Insurance Rate Maps and,
where applicable, in the supporting
Flood Insurance Study reports for
Frederick County, Maryland and
Incorporated Areas.
[FR Doc. 2019–11669 Filed 6–4–19; 8:45 am]
BILLING CODE 9110–12–P
DEPARTMENT OF HOMELAND
SECURITY
This withdrawal is effective June
5, 2019.
DATES:
Federal Emergency Management
Agency
Proposed Flood Hazard
Determinations for Frederick County,
Maryland and Incorporated Areas
Federal Emergency
Management Agency, DHS.
ACTION: Notice; withdrawal.
AGENCY:
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Rick
Sacbibit, Chief, Engineering Services
Branch, Federal Insurance and
Mitigation Administration, FEMA, 400
C Street SW, Washington, DC 20472,
(202) 646–7659, or (email)
patrick.sacbibit@fema.dhs.gov.
Areas. FEMA is withdrawing the
proposed notice.
Authority: 42 U.S.C. 4104; 44 CFR 67.4.
Michael M. Grimm,
Assistant Administrator for Risk
Management, Department of Homeland
Security, Federal Emergency Management
Agency.
[FR Doc. 2019–11673 Filed 6–4–19; 8:45 am]
BILLING CODE 9110–12–P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Citizenship and Immigration
Services
FOR FURTHER INFORMATION CONTACT:
The Federal Emergency
Management Agency (FEMA) is
withdrawing its proposed notice
concerning proposed flood hazard
determinations, which may include the
addition or modification of any Base
Flood Elevation, base flood depth,
Special Flood Hazard Area boundary or
zone designation, or regulatory
floodway (herein after referred to as
proposed flood hazard determinations)
SUMMARY:
19:03 Jun 04, 2019
You may submit comments,
identified by Docket No. FEMA–B–
1912, to Rick Sacbibit, Chief,
Engineering Services Branch, Federal
Insurance and Mitigation
Administration, FEMA, 400 C Street
SW, Washington, DC 20472, (202) 646–
7659, or (email) patrick.sacbibit@
fema.dhs.gov.
ADDRESSES:
[Docket ID FEMA–2019–0002; Internal
Agency Docket No. FEMA–B–1912]
VerDate Sep<11>2014
City Hall, 2929 State Highway 6, Bayou Vista, TX 77563.
City Hall, 1006 South Shore Drive, Clear Lake Shores, TX 77565.
City Hall, 4403 Highway 3, Dickinson, TX 77539.
City Hall, 910 South Friendswood Drive, Friendswood, TX 77546.
City Hall, 823 Rosenberg Street, Room 401, Galveston, TX 77553.
City Hall, 7423 Highway 6, Hitchcock, TX 77563.
Municipal Court, 16628 San Luis Pass Road, Jamaica Beach, TX
77554.
City Hall, 1401 State Highway 146, Kemah, TX 77565.
City Hall, 1111 Bayou Road, La Marque, TX 77568.
Building Department, 500 West Walker Street, League City, TX 77573.
City Hall, 12002 State Highway 6, Santa Fe, TX 77510.
Building Inspections Department, 928 5th Avenue North, Texas City,
TX 77592.
Galveston County Courthouse, Engineering Department, 722 Moody
Avenue, Galveston, TX 77550.
City Hall, 802 Tiki Drive, Tiki Island, TX 77554.
Jkt 247001
On March
18, 2019, FEMA published a proposed
notice at 84 FR 9806, proposing flood
hazard determinations for Frederick
County, Maryland and Incorporated
SUPPLEMENTARY INFORMATION:
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[OMB Control Number 1615–0116]
Agency Information Collection
Activities; Revision of a Currently
Approved Collection: Request for Fee
Waiver; Exemptions
U.S. Citizenship and
Immigration Services, Department of
Homeland Security.
ACTION: 30-Day notice.
AGENCY:
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26138
Federal Register / Vol. 84, No. 108 / Wednesday, June 5, 2019 / Notices
The Department of Homeland
Security (DHS), U.S. Citizenship and
Immigration Services (USCIS) has
submitted the following information
collection request to the Office of
Management and Budget (OMB) for
review and clearance in accordance
with the Paperwork Reduction Act of
1995. The notice is inviting additional
public comments for 30-days. The
purpose of this notice is to inform the
public about the policy changes being
effectuated by the revision of the USCIS
Request for Fee Waiver, expound on the
reasons for the change, and request
public comments on the additional
points raised in this notice.
DATES: The purpose of this notice is to
allow an additional 30 days for public
comments. Comments are encouraged
and will be accepted until July 5, 2019.
ADDRESSES: Written comments and/or
suggestions regarding the item(s)
contained in this notice, especially
regarding the estimated public burden
and associated response time, must be
directed to the OMB USCIS Desk Officer
via email at dhsdeskofficer@
omb.eop.gov. All submissions received
must include the agency name and the
OMB Control Number 1615–0116 in the
subject line.
You may wish to consider limiting the
amount of personal information that you
provide in any voluntary submission
you make. For additional information
please read the Privacy Act notice that
is available via the link in the footer of
https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
USCIS, Office of Policy and Strategy,
Regulatory Coordination Division,
Samantha Deshommes, Chief, 20
Massachusetts Avenue NW,
Washington, DC 20529–2140,
Telephone number (202) 272–8377
(This is not a toll-free number;
comments are not accepted via
telephone message.). Please note contact
information provided here is solely for
questions regarding this notice. It is not
for individual case status inquiries.
Applicants seeking information about
the status of their individual cases can
check Case Status Online, available at
the USCIS website at https://
www.uscis.gov, or call the USCIS
National Customer Service Center at
(800) 375–5283; TTY (800) 767–1833.
SUPPLEMENTARY INFORMATION:
jbell on DSK3GLQ082PROD with NOTICES
SUMMARY:
Background
USCIS is primarily funded by
application and petition fees. Under
INA 286(m), 8 U.S.C. 1356(m), DHS has
the authority to establish the fees it
charges for immigration and
naturalization services to recover the
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full costs of such services, including
those provided without charge, and to
recover costs associated with the
administration of the fees collected.
Therefore, the fees are set at a level that
is intended to recover the full cost of
USCIS operations.
Currently, USCIS may waive the fee
for certain immigration benefit requests
when the individual requesting the
benefit is unable to pay the fee. See 8
CFR 103.7(c). To request a fee waiver,
the individual must submit a written
waiver request for permission to have
his or her benefit request processed
without payment. Under the current
regulation, the waiver request must state
the person’s belief that he or she is
entitled to or deserving of the benefit
requested and the reasons for his or her
inability to pay and include evidence to
support the reasons indicated. See 8
CFR 103.7(c)(2). The statute authorizing
USCIS to establish fees does not
specifically mention fee waivers and fee
exemptions for any type of applicant or
group, or any criteria for fee waivers.
The statute does state that fees are to be
set at a level that will recover the full
costs of adjudication and naturalization
services provided ‘‘including the costs
of similar services provided without
charge to asylum applicants or other
immigrants.’’ INA section 286(m), 8
U.S.C. 1356(m). However, DHS must
permit certain applicants to apply for
fee waivers. INA section 245(l)(7), 8
U.S.C. 1255(l)(7).
In 2011, USCIS issued policy
guidance to streamline fee waiver
adjudications. See Policy Memorandum,
PM–602–0011.1, Fee Waiver Guidelines
as Established by the Final Rule of the
USCIS Fee Schedule; Revisions to
Adjudicator’s Field Manual (AFM)
Chapter 10.9, AFM Update AD11–26
(Mar. 13, 2011) (‘‘Fee Waiver Policy’’).
The Fee Waiver Policy interpreted 8
CFR 103.7(c) to provide acceptable
measures of income, establish the
procedures individuals must follow,
and outline the documentation that may
demonstrate they are unable to pay a
fee. In June 2011, USCIS issued Form I–
912, Request for Fee Waiver, as a
standardized form with instructions to
request a fee waiver in accordance with
the Fee Waiver Policy. Prior to the 2011
Fee Waiver Policy, USCIS engaged in a
holistic analysis of the individual’s
finances to determine inability to pay,
which burdened USCIS officers with a
preliminary financial analysis, that
preceded their primary role of
determining if the applicant met the
requirements for the benefit requested.
The 2011 Fee Waiver Policy established
a streamlined process where if the
individual provided proof of a means-
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tested benefit, the fee waiver will
normally be approved for forms listed in
8 CFR 103.7(c)(3) for applicants who at
time of filing the fee waiver request with
the benefit application:
• Were receiving a means-tested
benefit;
• Had a household income at or
below 150 percent of the Federal
Poverty Guidelines (FPG); or
• Were experiencing extreme
financial hardship such as unexpected
medical bills or emergencies.
Proposed Changes
USCIS is removing the means-tested
benefit as a criterion in its fee waiver
request determinations, requiring the
submission of Form I–912 to request a
fee waiver, and clarifying what the
evidentiary that will be considered for
a fee waiver. The proposed guidance
would provide that a person may be
eligible to receive a fee waiver if he or
she:
• Has a household income at or below
150 percent of the FPG; or
• Is experiencing extreme financial
hardship such as unexpected medical
bills or emergencies.
USCIS is proposing to rescind the
March 13, 2011 policy and issue new
guidance clarifying what documentation
may be submitted to demonstrate an
individual’s inability to pay a fee when
requesting a fee waiver. The
applications and petitions that are
eligible for a fee waiver are provided in
8 CFR 103.7(c)(3) and will not be
changed by this form and policy change.
USCIS notes that the proposed policy
also complies with section 1238 of the
Federal Aviation Reauthorization Act of
2018. Public Law 115–254 (Oct. 5,
2018). That law provides that the
President, in consultation with the
Governor of a State, may waive certain
fees for an individual or household who
lives in a federally declared disaster
area, including the following USCIS
fees: Form I–90; Form I–193; Form I–
765; Form N–300; Form N–565; and the
biometric services fee. DHS plans to
carry out this permissive authority
through the USCIS Director’s exercise of
his or her discretion to provide a
specific class of fee waivers for
emergency and disaster relief. 8 CFR
103.7(d).
Reasons for the Changes
USCIS has determined that without
changes to fee waiver policy it will
continue to forgo increasing amounts of
revenue as more fees are waived. As a
result, USCIS expects that DHS will be
required to increase the fees that it
charges for benefit requests for which
fees are not waived. In the FY 2016/
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2017 fee rule, DHS noted that the
estimated annual forgone revenue from
fee waivers and exemptions has
increased markedly, from $191 million
in the FY 2010/2011 fee review to $613
million in the FY 2016/2017 fee review.
See 81 FR 26922 and 73307. In the FY
2016/2017 proposed rule, DHS provided
notice that in the future it may revisit
the USCIS fee waiver guidance with
respect to what constitutes inability to
pay under 8 CFR 103.7(c). See 81 FR
26922.
In addition to curtailing the rising
costs of fee waivers, this proposed
policy change is intended to introduce
more consistent criteria for approving
all fee waivers. USCIS has found that
the various income levels used in states
to grant a means-tested benefit result in
inconsistent income levels being used to
determine eligibility for a fee waiver.
Consequently, a fee waiver may be
granted for one person who has a certain
level of income in one state, but denied
for a person with that same income who
lives in another state. Therefore, USCIS
has determined that fee waivers should
not be based on the receipt of a means
tested benefit, and the revised form will
not permit a fee waiver based on receipt
of a means-tested benefit. It will retain
the poverty-guideline threshold and
financial hardship criteria.
Administrative Procedure Act (APA)
and Paperwork Reduction Act (PRA)
USCIS has published two Federal
Register notices requesting public
comment on these proposed changes as
required by regulations at 5 CFR
1320.8(d)(1) (83 FR 49120) and 5 CFR
1320.10(a) (84 FR 13687). USCIS is in
the process of responding to the
comments received, but has decided to
provide this additional notice and
request for comments to clarify the
nature of the proposed policy changes.
The current USCIS policy and the
Form I–912 provide the procedures for
requesting a waiver of USCIS fees based
on 8 CFR 103.7(c), which provides that
the party requesting the benefit is
unable to pay the prescribed fee, and a
fee waiver is consistent with the status
or benefit sought. The APA excepts
rules of agency organization, procedure
or practice from notice and comment
requirements. 5 U.S.C. 553(b)(A). USCIS
issued its 2011 Fee Waiver Policy and
Form I–912 to explain and provide
instructions to adjudicators but did not
create legally binding rights, obligations,
or effect a change in the regulations. In
addition, the USCIS form instructions
for Form I–912 established procedural
requirements for requesting a fee
waiver. The form instructions
established application procedures but
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did not change the substantive
standards by which USCIS evaluated
applications for immigration benefit
requests, just the procedural steps for
such requests. An agency is not required
to use the APA’s notice-and-comment
procedures to issue an interpretive or
procedural rule that amends or repeals
an interpretive 1 or procedural rule.2
USCIS has reviewed this policy
change and determined that it will not
abrogate or adversely affect any
substantive rights of the affected parties.
The 2011 Fee Waiver Policy provided
guidelines for adjudication of requests
and provided that we would accept a
means tested benefit as evidence of
inability to pay as required by 8 CFR
103.7(c)(2). With respect to the
proposed policy change, USCIS
acknowledges that a person who is
receiving a means tested benefit in a
state where the income level for
granting the receipt of a means tested
benefit is above 150 percent of the FPG
(the new maximum threshold for a fee
waiver), may no longer be able to have
their USCIS fees waived simply by
using receipt of that benefit as evidence.
However, USCIS does not think that by
having operated under that policy
results in individuals who happen to
receive a means tested benefit from a
government agency inuring to a right to
receive adjudication of their
immigration benefit request for free.
Additionally, USCIS acknowledges
that, while an agency can change its
interpretation of a regulation at different
times in its history, the interpretative
changes can create no unfair surprise.3
As stated above, USCIS acknowledges
that as a result of this change there are
some applicants who would be able to
receive free adjudication now who will
not be able to after this policy change.
USCIS has, however, analyzed the
potential for and taken into account
serious reliance interests that may be
engendered by the 2011 policies. USCIS
has determined that potential applicants
cannot reasonably be determined to
have taken an action in detrimental
reliance on USCIS continuing its 2011
policy for providing free services.
Regardless of USCIS’s past use of receipt
of means tested benefits as a means for
determining that an applicant for
immigration benefits is unable to pay
the fee for his or her immigration benefit
request, USCIS has determined that an
applicant is unlikely to have incurred
1 Perez v. Mortgage Bankers Ass’n, 135 S.Ct. 1199
(2015).
2 James v. Hurson Associates, Inc. v. Glickman,
229 F.3d 277 (D.C. Cir. 2000).
3 Long Island Care at Home Ltd. v. Coke, 551 U.S.
158, 171 (2007); Christopher v. SmithKline
Beecham Corp., 567 U.S. 142 (2012).
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26139
costs or been harmed based on relying
on USCIS continuing that policy. Each
person’s decision to apply for, and
eligibility to receive, a means tested
benefit would be based on the need for
that benefit and not because the person
can use receipt of the benefit to avoid
paying a USCIS immigration benefit
request fee. To the extent that a person
is in the process of completing and
filing a request, with this notice USCIS
will have provided three public notices
of the impending policy and procedure
change. In addition, to eliminate any
impact on an applicant who is currently
working on, researching, and gathering
necessary evidence for an immigration
benefit and planning to request a fee
waiver based on receipt of a means
tested benefit, USCIS will provide
sufficient advance notice and transition
period before the new version of Form
I–912 will be a requirement for
requesting a fee waiver, to permit
applications that are in process to be
submitted under the previous policy. To
the extent that applicants who are not
yet working on, researching, and
gathering necessary evidence for an
application may no longer receive a fee
waiver after this change, USCIS has
determined that the need to reduce
annual forgone revenue from fee
waivers and approve fee waivers using
consistent income levels is still justified
and necessary regardless of those
affected parties being required to pay
the prescribed fees. USCIS welcomes
public comments on all of the effects of
this change in policy.
Comments
You may access the information
collection instrument with instructions,
or additional information by visiting the
Federal eRulemaking Portal site at:
https://www.regulations.gov and enter
USCIS–2010–0008 in the search box.
Written comments and suggestions from
the public and affected agencies should
address one or more of the following
four points:
(1) Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
(2) Evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and
clarity of the information to be
collected; and
(4) Minimize the burden of the
collection of information on those who
are to respond, including through the
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Federal Register / Vol. 84, No. 108 / Wednesday, June 5, 2019 / Notices
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use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
responses.
Overview of This Information
Collection
(1) Type of Information Collection
Request: Revision of a Currently
Approved Collection.
(2) Title of the Form/Collection:
Request for Fee Waiver.
(3) Agency form number, if any, and
the applicable component of the DHS
sponsoring the collection: I–912; USCIS.
(4) Affected public who will be asked
or required to respond, as well as a brief
abstract: Primary: Individuals or
households. USCIS uses the data
collected on this form to verify that the
applicant is unable to pay for the
immigration benefit being requested.
USCIS will consider waiving a fee for an
application or petition when the
applicant or petitioner clearly
demonstrates that he or she is unable to
pay the fee. Form I–912 standardizes the
collection and analysis of statements
and supporting documentation provided
by the applicant with the fee waiver
request. Form I–912 also streamlines
and expedites USCIS’s review, approval,
or denial of the fee waiver request by
clearly laying out the most salient data
and evidence necessary for the
determination of inability to pay.
Officers evaluate all factors,
circumstances, and evidence supplied
in support of a fee waiver request when
making a final determination. Each case
is unique and is considered on its own
merits. If the fee waiver is granted, the
application will be processed. If the fee
waiver is not granted, USCIS will notify
the applicant and instruct him or her to
file a new application with the
appropriate fee.
(5) An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond: The estimated total number of
respondents for the information
collection I–912 is 350,000 and the
estimated hour burden per response is
1.17 hours; for the information
collection DACA Exemptions the
estimated total number of respondents
is 108 and the estimated hour burden
per response is 1.17 hours; for the
information collection 8 CFR 103.7(d)
Director’s exception request the
estimated total number of respondents
is 20 and the estimated hour burden per
response is 1.17 hours.
(6) An estimate of the total public
burden (in hours) associated with the
collection: The total estimated annual
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19:03 Jun 04, 2019
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hour burden associated with this
collection is 409,650 hours.
(7) An estimate of the total public
burden (in cost) associated with the
collection: The estimated total annual
cost burden associated with this
collection of information is $1,312,980.
L. Francis Cissna,
Director, U.S. Citizenship and Immigration
Services, Department of Homeland Security.
[FR Doc. 2019–11744 Filed 6–4–19; 8:45 am]
BILLING CODE 9111–97–P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Citizenship and Immigration
Services
[OMB Control Number 1615–0047]
Agency Information Collection
Activities; Extension, Without Change,
of a Currently Approved Collection:
Employment Eligibility Verification
U.S. Citizenship and
Immigration Services, Department of
Homeland Security.
ACTION: 30-Day notice.
AGENCY:
The Department of Homeland
Security (DHS), U.S. Citizenship and
Immigration Services (USCIS) will be
submitting the following information
collection request to the Office of
Management and Budget (OMB) for
review and clearance in accordance
with the Paperwork Reduction Act of
1995. The purpose of this notice is to
allow an additional 30 days for public
comments.
DATES: The purpose of this notice is to
allow an additional 30 days for public
comments. Comments are encouraged
and will be accepted until July 5, 2019.
ADDRESSES: Written comments and/or
suggestions regarding the item(s)
contained in this notice, especially
regarding the estimated public burden
and associated response time, must be
directed to the OMB USCIS Desk Officer
via email at dhsdeskofficer@
omb.eop.gov. All submissions received
must include the agency name and the
OMB Control Number 1615–0047 in the
subject line.
You may wish to consider limiting the
amount of personal information that you
provide in any voluntary submission
you make. For additional information
please read the Privacy Act notice that
is available via the link in the footer of
https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
USCIS, Office of Policy and Strategy,
Regulatory Coordination Division,
Samantha Deshommes, Chief, 20
SUMMARY:
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Massachusetts Avenue NW,
Washington, DC 20529–2140,
Telephone number (202) 272–8377
(This is not a toll-free number;
comments are not accepted via
telephone message.). Please note contact
information provided here is solely for
questions regarding this notice. It is not
for individual case status inquiries.
Applicants seeking information about
the status of their individual cases can
check Case Status Online, available at
the USCIS website at https://
www.uscis.gov, or call the USCIS
Contact Center at (800) 375–5283; TTY
(800) 767–1833.
SUPPLEMENTARY INFORMATION:
Comments
The information collection notice was
previously published in the Federal
Register on March 1, 2019, at 84 FR
7101, allowing for a 60-day public
comment period. USCIS did receive 21
comments in connection with the 60day notice.
You may access the information
collection instrument with instructions,
or additional information by visiting the
Federal eRulemaking Portal site at:
https://www.regulations.gov and enter
USCIS–2006–0068 in the search box.
Written comments and suggestions from
the public and affected agencies should
address one or more of the following
four points:
(1) Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
(2) Evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and
clarity of the information to be
collected; and
(4) Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
responses.
Overview of This Information
Collection
(1) Type of Information Collection
Request: Extension, Without Change, of
a Currently Approved Collection.
(2) Title of the Form/Collection:
Employment Eligibility Verification.
(3) Agency form number, if any, and
the applicable component of the DHS
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]]>Agencies
[Federal Register Volume 84, Number 108 (Wednesday, June 5, 2019)]
[Notices]
[Pages 26137-26140]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11744]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[OMB Control Number 1615-0116]
Agency Information Collection Activities; Revision of a Currently
Approved Collection: Request for Fee Waiver; Exemptions
AGENCY: U.S. Citizenship and Immigration Services, Department of
Homeland Security.
ACTION: 30-Day notice.
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[[Page 26138]]
SUMMARY: The Department of Homeland Security (DHS), U.S. Citizenship
and Immigration Services (USCIS) has submitted the following
information collection request to the Office of Management and Budget
(OMB) for review and clearance in accordance with the Paperwork
Reduction Act of 1995. The notice is inviting additional public
comments for 30-days. The purpose of this notice is to inform the
public about the policy changes being effectuated by the revision of
the USCIS Request for Fee Waiver, expound on the reasons for the
change, and request public comments on the additional points raised in
this notice.
DATES: The purpose of this notice is to allow an additional 30 days for
public comments. Comments are encouraged and will be accepted until
July 5, 2019.
ADDRESSES: Written comments and/or suggestions regarding the item(s)
contained in this notice, especially regarding the estimated public
burden and associated response time, must be directed to the OMB USCIS
Desk Officer via email at [email protected]. All submissions
received must include the agency name and the OMB Control Number 1615-
0116 in the subject line.
You may wish to consider limiting the amount of personal
information that you provide in any voluntary submission you make. For
additional information please read the Privacy Act notice that is
available via the link in the footer of https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: USCIS, Office of Policy and Strategy,
Regulatory Coordination Division, Samantha Deshommes, Chief, 20
Massachusetts Avenue NW, Washington, DC 20529-2140, Telephone number
(202) 272-8377 (This is not a toll-free number; comments are not
accepted via telephone message.). Please note contact information
provided here is solely for questions regarding this notice. It is not
for individual case status inquiries. Applicants seeking information
about the status of their individual cases can check Case Status
Online, available at the USCIS website at https://www.uscis.gov, or call
the USCIS National Customer Service Center at (800) 375-5283; TTY (800)
767-1833.
SUPPLEMENTARY INFORMATION:
Background
USCIS is primarily funded by application and petition fees. Under
INA 286(m), 8 U.S.C. 1356(m), DHS has the authority to establish the
fees it charges for immigration and naturalization services to recover
the full costs of such services, including those provided without
charge, and to recover costs associated with the administration of the
fees collected. Therefore, the fees are set at a level that is intended
to recover the full cost of USCIS operations.
Currently, USCIS may waive the fee for certain immigration benefit
requests when the individual requesting the benefit is unable to pay
the fee. See 8 CFR 103.7(c). To request a fee waiver, the individual
must submit a written waiver request for permission to have his or her
benefit request processed without payment. Under the current
regulation, the waiver request must state the person's belief that he
or she is entitled to or deserving of the benefit requested and the
reasons for his or her inability to pay and include evidence to support
the reasons indicated. See 8 CFR 103.7(c)(2). The statute authorizing
USCIS to establish fees does not specifically mention fee waivers and
fee exemptions for any type of applicant or group, or any criteria for
fee waivers. The statute does state that fees are to be set at a level
that will recover the full costs of adjudication and naturalization
services provided ``including the costs of similar services provided
without charge to asylum applicants or other immigrants.'' INA section
286(m), 8 U.S.C. 1356(m). However, DHS must permit certain applicants
to apply for fee waivers. INA section 245(l)(7), 8 U.S.C. 1255(l)(7).
In 2011, USCIS issued policy guidance to streamline fee waiver
adjudications. See Policy Memorandum, PM-602-0011.1, Fee Waiver
Guidelines as Established by the Final Rule of the USCIS Fee Schedule;
Revisions to Adjudicator's Field Manual (AFM) Chapter 10.9, AFM Update
AD11-26 (Mar. 13, 2011) (``Fee Waiver Policy''). The Fee Waiver Policy
interpreted 8 CFR 103.7(c) to provide acceptable measures of income,
establish the procedures individuals must follow, and outline the
documentation that may demonstrate they are unable to pay a fee. In
June 2011, USCIS issued Form I-912, Request for Fee Waiver, as a
standardized form with instructions to request a fee waiver in
accordance with the Fee Waiver Policy. Prior to the 2011 Fee Waiver
Policy, USCIS engaged in a holistic analysis of the individual's
finances to determine inability to pay, which burdened USCIS officers
with a preliminary financial analysis, that preceded their primary role
of determining if the applicant met the requirements for the benefit
requested. The 2011 Fee Waiver Policy established a streamlined process
where if the individual provided proof of a means-tested benefit, the
fee waiver will normally be approved for forms listed in 8 CFR
103.7(c)(3) for applicants who at time of filing the fee waiver request
with the benefit application:
Were receiving a means-tested benefit;
Had a household income at or below 150 percent of the
Federal Poverty Guidelines (FPG); or
Were experiencing extreme financial hardship such as
unexpected medical bills or emergencies.
Proposed Changes
USCIS is removing the means-tested benefit as a criterion in its
fee waiver request determinations, requiring the submission of Form I-
912 to request a fee waiver, and clarifying what the evidentiary that
will be considered for a fee waiver. The proposed guidance would
provide that a person may be eligible to receive a fee waiver if he or
she:
Has a household income at or below 150 percent of the FPG;
or
Is experiencing extreme financial hardship such as
unexpected medical bills or emergencies.
USCIS is proposing to rescind the March 13, 2011 policy and issue
new guidance clarifying what documentation may be submitted to
demonstrate an individual's inability to pay a fee when requesting a
fee waiver. The applications and petitions that are eligible for a fee
waiver are provided in 8 CFR 103.7(c)(3) and will not be changed by
this form and policy change.
USCIS notes that the proposed policy also complies with section
1238 of the Federal Aviation Reauthorization Act of 2018. Public Law
115-254 (Oct. 5, 2018). That law provides that the President, in
consultation with the Governor of a State, may waive certain fees for
an individual or household who lives in a federally declared disaster
area, including the following USCIS fees: Form I-90; Form I-193; Form
I-765; Form N-300; Form N-565; and the biometric services fee. DHS
plans to carry out this permissive authority through the USCIS
Director's exercise of his or her discretion to provide a specific
class of fee waivers for emergency and disaster relief. 8 CFR 103.7(d).
Reasons for the Changes
USCIS has determined that without changes to fee waiver policy it
will continue to forgo increasing amounts of revenue as more fees are
waived. As a result, USCIS expects that DHS will be required to
increase the fees that it charges for benefit requests for which fees
are not waived. In the FY 2016/
[[Page 26139]]
2017 fee rule, DHS noted that the estimated annual forgone revenue from
fee waivers and exemptions has increased markedly, from $191 million in
the FY 2010/2011 fee review to $613 million in the FY 2016/2017 fee
review. See 81 FR 26922 and 73307. In the FY 2016/2017 proposed rule,
DHS provided notice that in the future it may revisit the USCIS fee
waiver guidance with respect to what constitutes inability to pay under
8 CFR 103.7(c). See 81 FR 26922.
In addition to curtailing the rising costs of fee waivers, this
proposed policy change is intended to introduce more consistent
criteria for approving all fee waivers. USCIS has found that the
various income levels used in states to grant a means-tested benefit
result in inconsistent income levels being used to determine
eligibility for a fee waiver. Consequently, a fee waiver may be granted
for one person who has a certain level of income in one state, but
denied for a person with that same income who lives in another state.
Therefore, USCIS has determined that fee waivers should not be based on
the receipt of a means tested benefit, and the revised form will not
permit a fee waiver based on receipt of a means-tested benefit. It will
retain the poverty-guideline threshold and financial hardship criteria.
Administrative Procedure Act (APA) and Paperwork Reduction Act (PRA)
USCIS has published two Federal Register notices requesting public
comment on these proposed changes as required by regulations at 5 CFR
1320.8(d)(1) (83 FR 49120) and 5 CFR 1320.10(a) (84 FR 13687). USCIS is
in the process of responding to the comments received, but has decided
to provide this additional notice and request for comments to clarify
the nature of the proposed policy changes.
The current USCIS policy and the Form I-912 provide the procedures
for requesting a waiver of USCIS fees based on 8 CFR 103.7(c), which
provides that the party requesting the benefit is unable to pay the
prescribed fee, and a fee waiver is consistent with the status or
benefit sought. The APA excepts rules of agency organization, procedure
or practice from notice and comment requirements. 5 U.S.C. 553(b)(A).
USCIS issued its 2011 Fee Waiver Policy and Form I-912 to explain and
provide instructions to adjudicators but did not create legally binding
rights, obligations, or effect a change in the regulations. In
addition, the USCIS form instructions for Form I-912 established
procedural requirements for requesting a fee waiver. The form
instructions established application procedures but did not change the
substantive standards by which USCIS evaluated applications for
immigration benefit requests, just the procedural steps for such
requests. An agency is not required to use the APA's notice-and-comment
procedures to issue an interpretive or procedural rule that amends or
repeals an interpretive \1\ or procedural rule.\2\
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\1\ Perez v. Mortgage Bankers Ass'n, 135 S.Ct. 1199 (2015).
\2\ James v. Hurson Associates, Inc. v. Glickman, 229 F.3d 277
(D.C. Cir. 2000).
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USCIS has reviewed this policy change and determined that it will
not abrogate or adversely affect any substantive rights of the affected
parties. The 2011 Fee Waiver Policy provided guidelines for
adjudication of requests and provided that we would accept a means
tested benefit as evidence of inability to pay as required by 8 CFR
103.7(c)(2). With respect to the proposed policy change, USCIS
acknowledges that a person who is receiving a means tested benefit in a
state where the income level for granting the receipt of a means tested
benefit is above 150 percent of the FPG (the new maximum threshold for
a fee waiver), may no longer be able to have their USCIS fees waived
simply by using receipt of that benefit as evidence. However, USCIS
does not think that by having operated under that policy results in
individuals who happen to receive a means tested benefit from a
government agency inuring to a right to receive adjudication of their
immigration benefit request for free.
Additionally, USCIS acknowledges that, while an agency can change
its interpretation of a regulation at different times in its history,
the interpretative changes can create no unfair surprise.\3\ As stated
above, USCIS acknowledges that as a result of this change there are
some applicants who would be able to receive free adjudication now who
will not be able to after this policy change. USCIS has, however,
analyzed the potential for and taken into account serious reliance
interests that may be engendered by the 2011 policies. USCIS has
determined that potential applicants cannot reasonably be determined to
have taken an action in detrimental reliance on USCIS continuing its
2011 policy for providing free services. Regardless of USCIS's past use
of receipt of means tested benefits as a means for determining that an
applicant for immigration benefits is unable to pay the fee for his or
her immigration benefit request, USCIS has determined that an applicant
is unlikely to have incurred costs or been harmed based on relying on
USCIS continuing that policy. Each person's decision to apply for, and
eligibility to receive, a means tested benefit would be based on the
need for that benefit and not because the person can use receipt of the
benefit to avoid paying a USCIS immigration benefit request fee. To the
extent that a person is in the process of completing and filing a
request, with this notice USCIS will have provided three public notices
of the impending policy and procedure change. In addition, to eliminate
any impact on an applicant who is currently working on, researching,
and gathering necessary evidence for an immigration benefit and
planning to request a fee waiver based on receipt of a means tested
benefit, USCIS will provide sufficient advance notice and transition
period before the new version of Form I-912 will be a requirement for
requesting a fee waiver, to permit applications that are in process to
be submitted under the previous policy. To the extent that applicants
who are not yet working on, researching, and gathering necessary
evidence for an application may no longer receive a fee waiver after
this change, USCIS has determined that the need to reduce annual
forgone revenue from fee waivers and approve fee waivers using
consistent income levels is still justified and necessary regardless of
those affected parties being required to pay the prescribed fees. USCIS
welcomes public comments on all of the effects of this change in
policy.
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\3\ Long Island Care at Home Ltd. v. Coke, 551 U.S. 158, 171
(2007); Christopher v. SmithKline Beecham Corp., 567 U.S. 142
(2012).
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Comments
You may access the information collection instrument with
instructions, or additional information by visiting the Federal
eRulemaking Portal site at: https://www.regulations.gov and enter USCIS-
2010-0008 in the search box. Written comments and suggestions from the
public and affected agencies should address one or more of the
following four points:
(1) Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility;
(2) Evaluate the accuracy of the agency's estimate of the burden of
the proposed collection of information, including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) Minimize the burden of the collection of information on those
who are to respond, including through the
[[Page 26140]]
use of appropriate automated, electronic, mechanical, or other
technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses.
Overview of This Information Collection
(1) Type of Information Collection Request: Revision of a Currently
Approved Collection.
(2) Title of the Form/Collection: Request for Fee Waiver.
(3) Agency form number, if any, and the applicable component of the
DHS sponsoring the collection: I-912; USCIS.
(4) Affected public who will be asked or required to respond, as
well as a brief abstract: Primary: Individuals or households. USCIS
uses the data collected on this form to verify that the applicant is
unable to pay for the immigration benefit being requested. USCIS will
consider waiving a fee for an application or petition when the
applicant or petitioner clearly demonstrates that he or she is unable
to pay the fee. Form I-912 standardizes the collection and analysis of
statements and supporting documentation provided by the applicant with
the fee waiver request. Form I-912 also streamlines and expedites
USCIS's review, approval, or denial of the fee waiver request by
clearly laying out the most salient data and evidence necessary for the
determination of inability to pay. Officers evaluate all factors,
circumstances, and evidence supplied in support of a fee waiver request
when making a final determination. Each case is unique and is
considered on its own merits. If the fee waiver is granted, the
application will be processed. If the fee waiver is not granted, USCIS
will notify the applicant and instruct him or her to file a new
application with the appropriate fee.
(5) An estimate of the total number of respondents and the amount
of time estimated for an average respondent to respond: The estimated
total number of respondents for the information collection I-912 is
350,000 and the estimated hour burden per response is 1.17 hours; for
the information collection DACA Exemptions the estimated total number
of respondents is 108 and the estimated hour burden per response is
1.17 hours; for the information collection 8 CFR 103.7(d) Director's
exception request the estimated total number of respondents is 20 and
the estimated hour burden per response is 1.17 hours.
(6) An estimate of the total public burden (in hours) associated
with the collection: The total estimated annual hour burden associated
with this collection is 409,650 hours.
(7) An estimate of the total public burden (in cost) associated
with the collection: The estimated total annual cost burden associated
with this collection of information is $1,312,980.
L. Francis Cissna,
Director, U.S. Citizenship and Immigration Services, Department of
Homeland Security.
[FR Doc. 2019-11744 Filed 6-4-19; 8:45 am]
BILLING CODE 9111-97-P
