State Dept. Amends the Schedule of Fees for Consular Services
[Federal Register Volume 79, Number 167 (Thursday, August 28, 2014)]
[Rules and Regulations]
[Pages 51247-51254]
From the Federal Register Online via the Government Printing Office [ www.gpo.gov]
[FR Doc No: 2014-20516]
DEPARTMENT OF STATE
22 CFR Part 22
[Public Notice: 8850]
RIN 1400-AD47
Schedule of Fees for Consular Services, Department of State and
Overseas Embassies and Consulates--Visa and Citizenship Services Fee
Changes
AGENCY: Department of State.
ACTION: Interim final rule.
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SUMMARY: The Department of State amends the Schedule of Fees for
Consular Services (Schedule) for certain nonimmigrant visa application
processing fees, certain immigrant visa application processing and
special visa services fees, and certain citizenship services fees. More
specifically, the rule amends the application processing fees for two
categories of petition-based nonimmigrant visas and the tiered
application processing fees for immigrant visas. The rule also amends
the security surcharge for immigrant visa services and the fees for
certain immigrant visa services. Lastly, the rule raises the
application processing fee for renunciation of U.S. citizenship and
lowers the hourly consular officer time charge. The Department of State
is adjusting the fees in light of the findings of a recent Cost of
Service study to ensure that the fees for consular services better
align with the costs of providing those services.
DATES: This interim final rule becomes effective September 6, 2014.
Written comments must be received on or before October 21, 2014.
ADDRESSES: Interested parties may submit comments to the Department by
any of the following methods:
Visit the Regulations.gov Web site at: http://www.regulations.gov and search the RIN 1400-AD47or docket number DOS-
2014-0016.
Mail (paper, disk, or CD-ROM): U.S. Department of State,
Office of the Comptroller, Bureau of Consular Affairs (CA/C), SA-17 8th
Floor, Washington, DC 20522-1707.
E-Mail: fees@state.gov. You must include the RIN (1400-
AD47) in the subject line of your message.
All comments should include the commenter's name, the
organization the commenter represents, if applicable, and the
commenter's address. If the Department is unable to read your comment
for any reason, and cannot contact you for clarification, the
Department may not be able to consider your comment. After the
conclusion of the comment period, the Department will publish a Final
Rule (in which it will address relevant comments) as expeditiously as
possible.
FOR FURTHER INFORMATION CONTACT: Celeste Scott, Special Assistant,
Office of the Comptroller, Bureau of Consular Affairs, Department of
State; phone: 202-485-6681, telefax: 202-485-6826; Email:
SUPPLEMENTARY INFORMATION:
Background
The interim final rule makes changes to the Schedule of Fees for
Consular Services of the Department of State's Bureau of Consular
Affairs. The Department sets and collects its fees based on the concept
of full cost recovery. The Department completed its most recent review
of current consular fees and will implement several changes to the
Schedule of Fees based on the new fees calculated by the Cost of
Service Model (CoSM). Please note that certain ``no fee'' consular
services are included in the Schedule of Fees so that members of the
public will be aware of significant consular services provided
[[Page 51248]]
by the Department at no charge to the recipient of the service.
What is the authority for this action?
The Department of State derives the general authority to set fees
based on the cost of 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 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 because
the amount is statutorily determined.
Several statutes address specific fees relating to nonimmigrant
visas. For instance, 8 U.S.C. 1351 establishes reciprocity as the basic
principle for setting the nonimmigrant visa issuance fee, meaning that
the fee charged an applicant from a foreign country is based, insofar
as practicable, on the amount of visa or other similar fees charged to
U.S. nationals by that foreign country. In addition to the reciprocity
issuance fee, Sec. 140(a) of Public Law 103-236, 108 Stat. 382, as
amended, reproduced at 8 U.S.C. 1351 (note), establishes a cost-based
application processing fee for nonimmigrant machine readable visas
(MRVs) and border crossing cards (BCCs). See also 8 U.S.C. 1713(b).
Such fees remain available to the Department until expended. 8 U.S.C.
1351 (note) and 1713(d). Furthermore, Sec. 501 of Public Law 110-293,
Title V, 122 Stat. 2968, reproduced at 8 U.S.C. 1351 (note), requires
the Secretary of State to collect an additional $2 surcharge (the
``HIV/AIDS/TB/Malaria surcharge'') on all MRVs and BCCs as part of the
application processing fee; this surcharge must be deposited into the
Treasury and goes to support programs to combat HIV/AIDS, tuberculosis,
and malaria. Section 2 of Public Law 113-42 imposes a temporary $1
surcharge on the fees for MRV and BCC application processing, to be
deposited into the general fund of the Treasury. This provision will
sunset two years after the first date on which the increased fee is
collected and will not affect most MRV and BCC fees paid by applicants.
Additionally, several statutes address fees for immigrant visa
processing. For example, Sec. 636 of Public Law 104-208, div. C, Title
VI, 110 Stat. 3009-703, reproduced at 8 U.S.C. 1153 (note), authorizes
the Secretary of State to collect and retain a ``Diversity Immigrant
Lottery Fee.'' Under this fee authority, the Secretary of State may
establish and retain a fee to recover the costs of ``allocating visas''
described in 8 U.S.C. 1153, i.e., running the diversity visa lottery
pursuant to 8 U.S.C. 1154(a)(1)(I), and to recover the costs of
``processing applications'' for diversity immigrant visas submitted by
selectees of the lottery. Accordingly, the ``diversity visa lottery
fee,'' charged to those persons selected by the lottery who
subsequently apply for a diversity immigrant visa, incorporates all the
costs to the Department of administering the diversity visa lottery
program and processing the resulting diversity immigrant visa
applications.
Another statute authorizes the Department to collect and retain a
surcharge on immigrant visas to help pay for efforts to enhance border
security. See 8 U.S.C. 1714. Although this immigrant visa surcharge was
originally frozen statutorily at $45, subsequent legislation authorized
the Department to amend this surcharge administratively, provided the
resulting surcharge is ``reasonably related to the costs of providing
services in connection with the activity or item for which the
surcharges are charged.'' Public Law 109-472, Sec. 6, 120 Stat. 3554,
reproduced at 8 U.S.C. 1714 (note).
Certain people are exempted by law or regulation from paying
specific fees or are expressly made subject to special fee charges by
law. These are noted in the text below. They include, for instance,
several exemptions from the nonimmigrant visa application processing
fee for certain individuals who engage in charitable activities or who
qualify for diplomatic visas. See 8 U.S.C. 1351; 22 CFR 41.107(c).
Certain Iraqi and Afghan nationals are similarly exempt from paying an
immigrant visa application processing fee. See Public Law 110-181, div.
A, Title XII, Sec. 1244(d), 122 Stat. 3, reproduced at 8 U.S.C. 1157
(note); Public Law 111-8, div. F, Title VI, Sec. 602(b)(4), 123 Stat.
524, reproduced at 8 U.S.C. 1101 (note).
Although the funds collected for many consular fees must be
deposited into the general fund of the Treasury pursuant to 31 U.S.C.
3302(b), various statutes permit the Department to retain some or all
of the fee revenue it collects. The Department retains the following
relevant fees: (1) The MRV and BCC fees, see Public Law 103-236, Title
I, Sec. 140(a)(2), 112 Stat. 2681-50, reproduced at 8 U.S.C. 1351
(note) and 8 U.S.C. 1713(d); (2) the immigrant visa and passport
security surcharges, see 8 U.S.C. 1714; (3) the diversity visa lottery
fee, see Public Law 104-208, div. C, Title VI, Sec. 636, reproduced at
8 U.S.C. 1153 (note); (4) the fee for an affidavit of support, see
Public Law 106-113, div. A, Title II, Sec. 232(a), 113 Stat. 1501,
reproduced at 8 U.S.C. 1183a (note); and (5) the fee to process
requests from participants in the Department's Exchange Visitor Program
for a waiver of the two-year home-residence requirement, see 22 U.S.C.
1475e. The Department also has available one-third of the total annual
revenue collected from fraud prevention and detection fees charged in
relation to H- and L-category visas, See 8 U.S.C. 1184(c)(12),
1356(v)(2)(A).
The Department last changed nonimmigrant and immigrant visa fees in
an interim final rule dated March 29, 2012. See Department of State
Schedule of Fees for Consular Services, Department of State and
Overseas Embassies and Consulates, 22 CFR part 22 (77 FR 18907). Those
changes to the Schedule went into effect April 13, 2012. The final rule
regarding those fees was published on September 17, 2012 (77 FR 57012).
The Department last changed fees for passport and citizenship
services and overseas citizens' services in an interim final rule dated
June 28, 2010. See Department of State Schedule of Fees for Consular
Services, Department of State and Overseas Embassies and Consulates, 22
CFR Part 22 (75 FR 36522). Those changes to the Schedule went into
effect July 13, 2010. A final rule regarding those fees was published
on February 2, 2012 (77 FR 5177).
Some fees in the Schedule, including Items 20(a) and (b), 31(a) and
(b) and 35(c), are set by the Department of Homeland Security (DHS).
These DHS fees were most recently updated by that agency on November
23, 2010, and are subject to change in the future. See 75 FR 58962. The
Department lists these DHS fees in the Department Schedule of Fees for
cashiering purposes only. The Department has no authority to set DHS
fees, which are listed at 8 CFR 103.7(b)(1).
Why is the Department adjusting certain nonimmigrant visa, immigrant
visa, citizens services and administrative services fees at this time?
Consistent with OMB Circular A-25 guidelines, the Department
recently completed a fee review using its activity-based Cost of
Service Model. This review was conducted from April 2012 through July
2013 and provides
[[Page 51249]]
the basis for updating the Schedule. The results of that review are
outlined in this rule.\1\
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\1\ To request more information about the Cost of Service model,
please send your request using one of the methods in the Address
section above.
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Similar to the 2011 fee review, upon which the current Schedule is
based, costs are generated by an activity-based cost model that takes
into account all costs to the U.S. government. Unlike a typical
accounting system, which accounts for only traditional general-ledger-
type costs such as salaries, supplies, travel and other business
expenses, activity-based cost models measure the costs of activities,
or processes, and then provide an additional view of costs by the
products and services produced by an organization through the
identification of the key cost drivers of the activities. Below is a
description of Activity-Based Costing excerpted from the Supplemental
Notice of Proposed Rulemaking published on March 24, 2010 (75 FR
14111).
Activity-Based Costing Generally
OMB Circular A-25 states that it is the objective of the United
States Government to ``(a) ensure that each service, sale, or use of
Government goods or resources provided by an agency to specific
recipients be self-sustaining; [and] (b) promote efficient allocation
of the Nation's resources by establishing charges for special benefits
provided to the recipient that are at least as great as costs to the
Government of providing the special benefits . . . .'' OMB Circular A-
25, 5(a)-(b); see also 31 U.S.C. 9701(b)(2)(A) (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
. . . .''). To set prices that are ``self-sustaining,'' the Department
must determine the full cost of providing consular services. Following
guidance provided in Statement 4 of OMB's Statement of Federal
Financial Accounting Standards (SFFAS), available at http://www.fasab.gov/pdffiles/sffas-4.pdf, the Department chose to develop and
use an activity-based costing (ABC) model to determine the full cost of
the services listed in its Schedule of Fees, both those whose fee the
Department proposes to change, as well as those whose fee will remain
unchanged from prior years. The Department refers to the specific ABC
model that underpins the proposed fees as the ``Cost of Service Model''
or ``CoSM.''
The Government Accountability Office (GAO) defines activity-based
costing as a ``set of accounting methods used to identify and describe
costs and required resources for activities within processes.'' Because
an organization can use the same staff and resources (computer
equipment, production facilities, etc.) to produce multiple products or
services, ABC models seek to precisely identify and assign costs to
processes and activities and then to individual products and services
through the identification of key cost drivers referred to as
``resource drivers'' and ``activity drivers.''
Example: Imagine a government agency that has a single facility
it uses to prepare and issue a single product--a driver's license.
In this simple scenario, every cost associated with that facility
(the salaries of employees, the electricity to power the computer
terminals, the cost of a blank driver's license, etc.) can be
attributed directly to the cost of producing that single item. If
that agency wants to ensure that it is charging a ``self-
sustaining'' price for driver's licenses, it only has to divide its
total costs for a given time period by an estimate of the number of
driver's licenses to be produced during that same time period.
However, if that agency issues multiple products (driver's
licenses, non-driver ID cards, etc.), has employees that work on other
activities besides licenses (for example, accepting payment for traffic
tickets), and operates out of multiple facilities it shares with other
agencies, it becomes much more complex for the agency to determine
exactly how much it costs to produce any single product. In those
instances, the agency would need to know what percent of time its
employees spend on each service and how much of its overhead (rent,
utilities, facilities maintenance, etc.) can be allocated to the
delivery of each service to determine the cost of producing each of its
various products--the driver's license, the non-driver ID card, etc.
Using an ABC model would allow the agency to develop those costs.
Components of Activity-Based Costing
As noted in SFFAS Statement 4, ``activity-based costing has gained
broad acceptance by manufacturing and service industries as an
effective managerial tool'' (SSFAS Statement 4, 147). There are no
``off-the-shelf'' ABC models that allow the Department (or any other
entity) to simply populate a few data points and generate an answer.
ABC models require financial and accounting analysis and modeling
skills combined with a detailed understanding of all the organization's
business processes, which, in an entity the size of the Department's
Bureau of Consular Affairs, are exceedingly complex. More specifically,
ABC models require an organization to:
Identify all of the activities that are required to
produce a particular product or service (``activities'');
Identify all of the resources allocated to the production
of (costs) that product or service (``resources'');
Measure the quantity of resources consumed (``resource
driver''); and
Measure the frequency and intensity of demand placed on
activities to produce services (``activity driver'').
For additional details on an activity-based cost model, see the
Supplemental Notice of Proposed Rulemaking published on March 24, 2010
(75 FR 14111).
Although much of the modeling methodology has remained the same
between fee reviews, the methodology for capturing Department
historical support costs and projected costs has been updated to
reflect the change in the Department's workload. In order to accurately
account for the costs associated with rapidly growing demand for
nonimmigrant visas in locations such as China and Brazil, the current
fee review also incorporates two years of projected costs in addition
to two years of historical costs and one year of current costs. The new
fees represent a weighted average of the annual costs by service for
fiscal years 2010-2014. Costs for individual fiscal years were weighted
by the projected workload volume for that year. These weighted costs by
fiscal year were then added together to generate a single cost per
service upon which the fees are determined.
The CoSM update included a new Overseas Time Survey, conducted in
June 2012, which collected extensive data on both consular activities
and the time spent by consular staff performing consular services at
all overseas locations. Costs related to compensation for consular
staff were then assigned to service categories based on the amount of
time spent performing them. Therefore, the results of the Overseas Time
Survey impacted costs for certain consular services identified below.
Nonimmigrant Visa Application and Border Crossing Card Processing Fees
The Department has determined, based on the CoSM, that the costs to
the Department to accept, adjudicate, and issue each of the different
MRV categories varies. The effort related to some categories such as
petition-based MRVs is appreciably higher than the standard, non-
petition-based MRV application. Each of those petition-
[[Page 51250]]
based nonimmigrant visa categories requires a review of extensive
documentation and a more in-depth applicant interview than other
categories of MRVs. After thorough review through the CoSM, including
updated consular processing time data from the Overseas Time Survey,
the fee for processing E (treaty trader and treaty investor) visa
applications will decrease from $270 to $205, and the fee for
processing K (fianc[eacute] and certain spouses of U.S. citizens) visa
applications will increase from $240 to $265.
The Department rounded these fees to the nearest $5 for the ease of
converting to foreign currencies, which are most often used to pay the
fee. These fees also include the statutory $2 HIV/AIDS/TB/Malaria
surcharge and the $1 special immigrant program surcharge which must be
attached to every MRV fee.
Please note that in June 2013, the authority to charge the $1
surcharge mandated by section 239 of Public Law 110-457, Title II, 122
Stat. 5044, reproduced at 8 U.S.C. 1351 (note) lapsed, and the HIV/
AIDS/TB/Malaria surcharge increased from $1 to $2 as mandated by
Congress. See Public Law 110-293, Title V, Sec. 501, 122 Stat. 2968,
reproduced at 8 U.S.C. 1351 (note). Because those changes occurred
simultaneously, nonimmigrant visa fees were not affected.
Section 2 of Public Law 113-42, 127 Stat. 552, reproduced at 8
U.S.C. 1351 (note), imposes a temporary $1 surcharge on the fees for
MRV and BCC application processing, to be deposited into the general
fund of the Treasury. This provision will sunset two years after the
first date on which the increased fee is collected. The addition of the
new $1 special immigrant program surcharge also does not affect most
nonimmigrant visa fees. As the Department rounded these fees to the
nearest $5 for the ease of converting foreign currencies, as noted
above, the addition of this surcharge will not affect most MRV and BCC
fees paid by applicants. The exception is the processing fee for BCC
applications by minors under the age of 15, which is statutorily set at
$13. The addition of the $1 special immigrant program surcharge to the
$13 fee and $2 HIV/AIDS/TB/Malaria surcharge will increase the total
fee for this service from $15 to $16.
Immigrant Visa Application Processing Fees
In addition to the nonimmigrant visa application processing fee
modifications referenced above, the Department is adjusting the four-
tiered immigrant visa application processing fees based on the CoSM
calculation for each discrete category of immigrant visa, as
applications for certain categories cost more to process than others.
Accordingly, the application processing fee for a Family-Based Visa
(immediate relative and family preference, processed on the basis of an
approved I-130, I-600 or I-800 petition) will increase from $230 to
$325. The application processing fee for an Employment-Based Visa
(processed on the basis of an approved I-140 alien worker or I-526
alien entrepreneur petition) will decrease from $405 to $345. Other
Immigrant Visa applications (including for I-360 self-petitioners,
special immigrant visa applicants and all others) will have an
application processing fee of $205, down from $220. As noted above,
certain qualifying Iraqi and Afghan Special Immigrant Visa applicants
are statutorily exempt from paying any visa-related fees. Public Law
110-181, div. A, Title XII, Sec. 1244(d), reproduced at 8 U.S.C. 1157
(note); Public Law 111-8, div. F, Title VI, Sec. 602(b)(4), reproduced
at 8 U.S.C. 1101 (note).
Immigrant Visa Security Surcharge
The Department is increasing the Immigrant Visa Security Surcharge,
which is applicable to all applicants except those persons who are
statutorily exempted from paying fees, from $75 to $100. The Immigrant
Visa Security Surcharge comprises those costs associated with the
immigrant visa application processing fee that support enhanced border
security. In this update, new data regarding time spent by consular
officials related to enhanced border security in processing immigrant
visa applications, derived from the 2012 Overseas Time Survey, resulted
in an increase to this cost. See 8 U.S.C. 1714 and Public Law 109-472,
Sec. 6, 120 Stat. 3554, reproduced at 8 U.S.C. 1714 (note). See also
the Supplemental Notice of Proposed Rulemaking (75 FR 14111) for
general details regarding the inclusion of Overseas Time Survey data
into the Cost of Service Study. Please note that as of 2012, the
Immigrant Visa Security Surcharge is embedded in the aforementioned
immigrant visa application processing fee and is not charged as a
standalone fee or set forth as a separate fee on the Schedule.
Determining Returning Resident Status
A permanent resident (called lawful permanent resident or LPR) or
conditional resident (CR) who has remained outside the United States
for one year, or beyond the validity period of a Re-entry Permit,
requires a new immigrant visa to enter the United States and resume
permanent residence. A provision exists under U.S. visa law for the
issuance of a returning resident special immigrant visa to an LPR who
remained outside the United States due to circumstances beyond his or
her control. Processing those applications for determination of
eligibility as a returning resident has become less costly due to
continuing advances in automation, making it easier to verify previous
U.S. immigration status. Accordingly, the Department will lower the fee
from $275 to $180.
Waiver of Two-Year Residency Requirement
8 U.S.C. 1182, i.e., Educational Visitor Status; Foreign Residence
Requirement; Waiver describes in detail certain categories of exchange
visitors (J-1) that are subject to a two-year home-country physical
presence requirement. This requires that the exchange visitor return to
the country of his or her nationality or his or her last residence for
at least two years following participation in particular exchange
visitor programs before adjusting status in the United States or
applying for certain visas to travel to the United States. This two-
year residency requirement may be waived in certain circumstances. The
Department charges a fee for processing waiver applications. In
accordance with the results of the CoSM, in which an updated analysis
of time spent performing this activity indicated a reduced percentage
of resources dedicated to this activity, the Department is decreasing
the fee for processing an application for this waiver from $215 to
$120.
Affidavit of Support Review
The Department charges the affidavit of support review fee for all
affidavits of support reviewed at the National Visa Center in
connection with an application for a family-based immigrant visa. The
purpose of the review is to ensure that each affidavit is properly
completed before the National Visa Center forwards it to a consular
post for adjudication. The Department is increasing the fee from $88 to
$120 to reflect the increase in the cost of providing this service, as
determined by the CoSM, including updated analysis of time spent
performing this activity.
Documentation for Renunciation of Citizenship
The CoSM demonstrated that documenting a U.S. citizen's
renunciation of citizenship is extremely costly, requiring American
consular officers overseas to spend substantial amounts of time to
accept, process, and
[[Page 51251]]
adjudicate cases. For example, consular officers must confirm that the
potential renunciant fully understands the consequences of
renunciation, including losing the right to reside in the United States
without documentation as an alien. Other steps include verifying that
the renunciant is a U.S. citizen, conducting a minimum of two intensive
interviews with the potential renunciant, and reviewing at least three
consular systems before administering the oath of renunciation. The
final approval of the loss of nationality must be done by law within
the Directorate of Overseas Citizens Services in Washington, DC, after
which the case is returned to the consular officer overseas for final
delivery of the Certificate of Loss of Nationality to the renunciant.
These steps further add to the time and labor that must be involved in
the process. Accordingly, the Department is increasing the fee for
processing such requests from $450 to $2,350. As noted in the interim
final rule dated June 28, 2010 (77 FR 36522), the fee of $450 was set
substantially below the cost to the U.S. government of providing this
service (less than one quarter of the cost). Since that time, demand
for the service has increased dramatically, consuming far more consular
officer time and resources, as reflected in the 2012 Overseas Time
Survey and increased workload data. Because the Department believes
there is no public benefit or other reason for setting this fee below
cost, the Department is increasing this fee to reflect the full cost of
providing the service. Therefore the increased fee reflects both the
increased cost of the provision of service as well as the determination
to now charge the full cost.
Consular Time Charges
The Department previously charged a consular time fee of $231 per
hour, per employee. This fee is charged when indicated on the Schedule
of Fees or when services are performed away from the office or outside
regular business hours. The CoSM estimated that the hourly consular
time charge is now lower. Accordingly, the Department is lowering this
fee to $135 per hour.
When will the Department of State implement this interim final rule?
The Department intends to implement this interim final rule, and
initiate collection of the fees set forth herein, effective 15 days
after publication of this rule in the Federal Register.
Regulatory Findings
Administrative Procedure Act
The Department is publishing this rule as an interim final rule,
with a 60-day provision for post-promulgation comments and with an
effective date less than 30 days from the date of publication, based on
the ``good cause'' exceptions set forth at 5 U.S.C. 553(b)(3)(B) and
553(d)(3). Delaying implementation of this rule would be contrary to
the public interest because the fees in this rule fund consular
services that are critical to national security, including screening
visa applicants.
Regulatory Flexibility Act
The Department 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 decreases the application processing fees for employer-
sponsored petition-based immigrant visas. The issuance 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 petition 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. The amount of the petition fees that are paid by
small entities to DHS is not, in any way, connected to or 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 processing fees, the State Department is unaware of the
number of such entities that do so as it, again, is not a process
controlled by the State Department. The workload volume in this
category accounts for only four percent of the total immigrant workload
expected in FY 2014. The $60 decrease in the application processing fee
for these immigrant visas will likely have a positive, albeit
insignificant, economic impact on the small entities that choose to
reimburse the applicant for the visa fee. Therefore the State
Department certifies that this rule will not have a significant
economic impact on a substantial number of small entities.
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 $100
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 5 U.S.C. 804(2).
Executive Orders 12866 and 13563
The Department has reviewed this rule to ensure its consistency
with the regulatory philosophy and principles set forth in the
Executive Orders. This rule has been submitted to OMB for review.
This rule is necessary in light of the Department of State's CoSM
finding that the cost of processing various categories of nonimmigrant
and immigrant visas and of providing certain overseas citizens services
has changed since those fees were last amended in 2012 and 2010,
respectively. The Department is setting the new fees in accordance with
31 U.S.C. 9701 and other applicable legal authority, as described in
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
consular services at the amount required to recover the costs
associated with providing that service.
Details of the fee changes are as follows:
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Estimated
annual number Estimated
Item No. Proposed fee Unit cost Current fee Change in fee Percentage of change in
increase applications annual fees
\1\ collected \2\
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SCHEDULE OF FEES FOR CONSULAR SERVICES
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\* \* \* \* \* \* *
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[[Page 51252]]
PASSPORT AND CITIZENSHIP SERVICES
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8. Administrative Processing of Formal $2,350 $2,349 $450 $1,900 422 2,378 $4,518,200
Renunciation of U.S. Citizenship.......
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NONIMMIGRANT VISA SERVICES
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21. Nonimmigrant Visa Application and
Border Crossing Card Processing Fees
(per person):
(c) E category nonimmigrant visa.... $205 $205 $270 ($65) -24 46,901 -$3,048,565
(d) K category nonimmigrant visa.... $265 $262 $240 $25 10 16,708 $417,700
(f) Border crossing card--under age $16 (\3\) $15 $1 7 250,000 $250,000
15; for Mexican citizens if parent
or guardian has or is applying for
a border crossing card (valid 10
years or until the applicant
reaches age 15; whichever is
sooner)............................
--------------------------------------------------------------------------------------------------------------------------------------------------------
IMMIGRANT AND SPECIAL VISA SERVICES
--------------------------------------------------------------------------------------------------------------------------------------------------------
32. Immigrant Visa Application
Processing Fee (per person)
(a) Immediate relative and family $325 $322 $230 $95 41 575,360 $54,659,200
preference applications............
(b) Employment-based applications... $345 $344 $405 ($60) -15 26,811 -$1,608,660
(c) Other immigrant visa $205 $204 $220 ($15) -7 1,559 -$23,385
applications (including I-360 self-
petitioners and special immigrant
visa applicants)...................
34. Affidavit of Support Review......... $120 $116 $88 $32 36 317,898 $10,172,736
35. Special Visa Services:
(a) Determining Returning Resident $180 $178 $275 ($95) -35 3,412 -$324,140
Status.............................
(c) Waiver of Two-Year Residency $120 $116 $215 ($95) -44 10,488 -$996,360
Requirement........................
--------------------------------------------------------------------------------------------------------------------------------------------------------
ADMINISTRATIVE SERVICES
--------------------------------------------------------------------------------------------------------------------------------------------------------
75. Consular Time Charges............... $135 $134 $231 ($96) -42 134 -$12,864
Total............................... .............. .............. .............. .............. .............. .............. $64,003,862
[[Page 51253]]
\* \* \* \* \* \* *
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\1\ Based on projected FY 2014 workload.
\2\ Using projected FY 2014 workload to generate projections.
\3\ The fee for Border Crossing Card applications by minors is statutorily set.
Historically, nonimmigrant visa workload has increased year to year
at approximately 11 percent. The Department anticipates that with the
current state of the global economy, demand will be approximately 10.1
million in Fiscal Year 2014. With regard to the economic impact as a
whole, the more than 94 percent 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.
With regard to immigrant visas, many categories are numerically
capped by law; these caps limit workload and keep current demand fairly
stable. In FY 2013, the Department issued 9.1 percent of all available
immigrant visas in Employment-Based categories (capped at 140,000
including adjustments of status processed domestically by DHS). In FY
2013, all immigrant visas available under the Diversity Visa program
were issued (capped at 50,000 including adjustments of status processed
domestically by DHS). Also in FY 2013, the Department issued 84.9
percent of the immigrant visas available for Family-Preference
categories (capped at 226,000 including adjustments of status processed
domestically by DHS).
There are nearly 5.7 million applicants currently awaiting
numerically-controlled visas, sufficient to fill more than 12 years'
workload at the current annual caps, and this does not take into
account applicants who would be adjusting status in the United States.
It is reasonable to expect that the immigrant visa workload for FY 2014
and FY 2015 will remain about the same as FY 2013. However, please note
that these estimates do not take into account variables that the
Department cannot predict at this time, such as legislative changes
contemplated by Comprehensive Immigration Reform.
Executive Orders 12372 and 13132
This regulation 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 Sec. 6 of
Executive Order 13132, it is determined that this rule does not have
sufficient federalism implications to require consultations or warrant
the preparation of a federalism summary impact statement. The
regulations implementing Executive Order 12372 regarding
intergovernmental consultation on federal programs and activities do
not apply to this regulation.
Executive Order 13175
The Department has determined that this rulemaking will not have
tribal implications, will not impose substantial direct compliance
costs on Indian tribal governments, and will not preempt tribal law.
Accordingly, the requirements of Executive Order 13175 do not apply to
this rulemaking.
Paperwork Reduction Act
This rule does not create or revise any 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 amended as follows:
PART 22--SCHEDULE OF FEES FOR CONSULAR SERVICES--DEPARTMENT OF
STATE AND FOREIGN SERVICE
0
1. The authority citation for part 22 continues 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).
0
2. Section 22.1 is amended by revising the introductory text and items
8, 21, 32, 34, 35, and 75 in the ``Schedule of Fees for Consular
Services'' table and removing item 36 to read as follows:
Sec. 22.1 Schedule of fees.
The following table sets forth the new fees for the following
categories listed on the U.S. Department of State's Schedule of Fees
for Consular Services:
Schedule of Fees for Consular Services
------------------------------------------------------------------------
Item No. Fee
------------------------------------------------------------------------
PASSPORT AND CITIZENSHIP SERVICES
------------------------------------------------------------------------
\* \* \* \* \* \* *
8. Administrative Processing of $2,350
Formal Renunciation of U.S.
Citizenship.
------------------------------------------------------------------------
\* \* \* \* \* \* *
NONIMMIGRANT VISA SERVICES
------------------------------------------------------------------------
\* \* \* \* \* \* *
21. Nonimmigrant Visa Application
and Border Crossing Card Processing
Fees (per person):
(a) Non-petition-based $160
nonimmigrant visa (except E
category).
(b) H, L, O, P, Q and R category $190
nonimmigrant visa.
[[Page 51254]]
(c) E category nonimmigrant visa $205
(d) K category (fianc[eacute]) $265
nonimmigrant visa.
(e) Border crossing card--age 15 $160
and over (10 year validity).
(f) Border crossing card--under $16
age 15; for Mexican citizens if
parent or guardian has or is
applying for a border crossing
card (valid 10 years or until
the applicant reaches age 15,
whichever is sooner).
------------------------------------------------------------------------
\* \* \* \* \* \* *
IMMIGRANT AND SPECIAL VISA SERVICES
------------------------------------------------------------------------
\* \* \* \* \* \* *
32. Immigrant Visa Application
Processing Fee (per person)
(a) Immediate relative and $325
family preference applications.
(b) Employment-based $345
applications.
(c) Other immigrant visa $205
applications (including I-360
self-petitioners and special
immigrant visa applicants).
(d) Certain Iraqi and Afghan NO FEE.
special immigrant visa
applications.
\* \* \* \* \* \* *
34. Affidavit of Support Review $120
(only when reviewed domestically).
35. Special Visa Services:
(a) Determining Returning $180
Resident Status.
(b) Waiver of two year residency $120
requirement.
(c) Waiver of immigrant visa For fee amount, see 8 CFR
ineligibility (collected for 103.7(b)(1).
USCIS and subject to change).
(d) Refugee or significant NO FEE.
public benefit parole case
processing.
(Items 36 through 40 vacant.)
------------------------------------------------------------------------
\* \* \* \* \* \* *
ADMINISTRATIVE SERVICES
------------------------------------------------------------------------
\* \* \* \* \* \* *
75. Consular Time Charges: As $135
required by this schedule and for
fee services performed away from
the office or during after-duty
hours (per hour or part thereof/per
consular officer).
\* \* \* \* \* \* *
------------------------------------------------------------------------
Dated: August 14, 2014.
Patrick Kennedy,
Under Secretary of State for Management, Department of State.
[FR Doc. 2014-20516 Filed 8-27-14; 8:45 am]
BILLING CODE 4710-06-P