8 CFR 103.6 - Surety bonds

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Department of Homeland Security

§ 103.6
er petitions. (1) The director of a regional processing facility may sua
sponte reopen any proceeding under
part 210a of this title which is within
his or her jurisdiction and may render
a new decision. This decision may reverse a prior favorable decision when it
is determined that there was fraud during the registration or petition processes and the petitioner was not entitled to the status granted. The petitioner must be given an opportunity to
offer evidence in support of the petition and in opposition to the grounds
for reopening the petition before a new
decision is rendered.
(2) The Associate Commissioner, Examinations or the Chief of the Administrative Appeals Unit may sua sponte
reopen any proceeding conducted by
that unit under part 210a of this title
and reconsider any decision rendered in
such proceeding.
(3) Motions to reopen a proceeding or
reconsider a decision under part 210a of
this title shall not be considered.

own motion, reopens a Service proceeding or reconsiders a Service decision, and the new decision may be unfavorable to the affected party, the officer shall give the affected party 30
days after service of the motion to submit a brief. The officer may extend the
time period for good cause shown. If
the affected party does not wish to submit a brief, the affected party may
waive the 30-day period.
(6) Appeal to AAU from Service decision
made as a result of a motion. A field office decision made as a result of a motion may be applied to the AAU only if
the original decision was appealable to
the AAU.
(7) Other applicable provisions. The
provisions of § 103.3(a)(2)(x) of this part
also apply to decisions on motions. The
provisions of § 103.3(b) of this part also
apply to requests for oral argument regarding motions considered by the
AAU.
(8) Treating an appeal as a motion. The
official who denied an application or
petition may treat the appeal from
that decision as a motion for the purpose of granting the motion.
(b) Motions to reopen or reconsider denials of special agricultural worker and
legalization applications. Upon the filing
of an appeal to the Associate Commissioner, Examinations (Administrative
Appeals Unit), the Director of a Regional Processing Facility or the consular officer at an Overseas Processing
Office may sua sponte reopen any proceeding under his or her jurisdiction
opened under part 210 or 245a of this
chapter and may reconsider any decision rendered in such proceeding. The
new decision must be served on the appellant within 45 days of receipt of any
brief and/or new evidence, or upon expiration of the time allowed for the submission of a brief. The Associate Commissioner, Examinations, or the Chief
of the Administrative Appeals Unit
may sua sponte reopen any proceeding
conducted by that Unit under part 210
or 245a of this chapter and reconsider
any decision rendered in such proceeding. Motions to reopen a proceeding or reconsider a decision under
part 210 or 245a of this chapter shall
not be considered.
(c) Motions to reopen or reconsider decisions on replenishment agricultural work-

[27 FR 7562, Aug. 1, 1962, as amended at 30 FR
12772, Oct. 7, 1965; 32 FR 271, Jan. 11, 1967; 52
FR 16193, May 1, 1987; 54 FR 29881, July 17,
1989; 55 FR 20770, 20775, May 21, 1990; 55 FR
25931, June 25, 1990; 56 FR 41782, Aug. 23, 1991;
59 FR 1463, Jan. 11, 1994; 61 FR 18909, Apr. 29,
1996; 62 FR 10336, Mar. 6, 1997; 70 FR 50957,
Aug. 29, 2005]

§ 103.6

Surety bonds.

(a) Posting of surety bonds—(1) Extension agreements; consent of surety; collateral security. All surety bonds posted in
immigration cases shall be executed on
Form I–352, Immigration Bond, a copy
of which, and any rider attached thereto, shall be furnished the obligor. A
district director is authorized to approve a bond, a formal agreement to
extension of liability of surety, a request for delivery of collateral security
to a duly appointed and undischarged
administrator or executor of the estate
of a deceased depositor, and a power of
attorney executed on Form I–312, Designation of Attorney in Fact. All other
matters relating to bonds, including a
power of attorney not executed on
Form I–312 and a request for delivery of
collateral security to other than the
depositor or his or her approved attorney in fact, shall be forwarded to the
regional director for approval.

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pmangrum on DSK3VPTVN1PROD with CFR

§ 103.6

8 CFR Ch. I (1–1–12 Edition)

(2) Bond riders—(i) General. Bond riders shall be prepared on Form I–351,
Bond Riders, and attached to Form I–
352. If a condition to be included in a
bond is not on Form I–351, a rider containing the condition shall be executed.
(ii) [Reserved]
(b) Acceptable sureties. Either a company holding a certificate from the
Secretary of the Treasury under 6
U.S.C. 6–13 as an acceptable surety on
Federal bonds, or a surety who deposits
cash or U.S. bonds or notes of the class
described in 6 U.S.C. 15 and Treasury
Department regulations issued pursuant thereto and which are not redeemable within 1 year from the date they
are offered for deposit is an acceptable
surety.
(c) Cancellation—(1) Public charge
bonds. A public charge bond posted for
an immigrant shall be cancelled when
the alien dies, departs permanently
from the United States or is naturalized, provided the immigrant did not
become a public charge prior to death,
departure, or naturalization. The district director may cancel a public
charge bond at any time if he/she finds
that the immigrant is not likely to become a public charge. A bond may also
be cancelled in order to allow substitution of another bond. A public charge
bond shall be cancelled by the district
director upon review following the fifth
anniversity of the admission of the immigrant, provided that the alien has
filed Form I–356, Request for Cancellation of Public Charge Bond, and the
district director finds that the immigrant did not become a public charge
prior to the fifth anniversary. If Form
I–356 is not filed, the bond shall remain
in effect until the form is filed and the
district director reviews the evidence
supporting the form and renders a decision to breach or cancel the bond.
(2) Maintenance of status and departure bonds. When the status of a nonimmigrant who has violated the conditions of his admission has been adjusted as a result of administrative or
legislative action to that of a permanent resident retroactively to a date
prior to the violation, any outstanding
maintenance of status and departure
bond shall be canceled. If an application for adjustment of status is made
by a nonimmigrant while he is in law-

ful temporary status, the bond shall be
canceled if his status is adjusted to
that of a lawful permanent resident or
if he voluntarily departs within any period granted to him. As used in this
paragraph, the term lawful temporary
status means that there must not have
been a violation of any of the conditions of the alien’s nonimmigrant classification by acceptance of unauthorized employment or otherwise during
the time he has been accorded such
classification, and that from the date
of admission to the date of departure
or adjustment of status he must have
had uninterrupted Service approval of
his presence in the United States in the
form of regular extensions of stay or
dates set by which departure is to
occur, or a combination of both. An
alien admitted as a nonimmigrant
shall not be regarded as having violated his nonimmigrant status by engaging in employment subsequent to
his proper filing of an application for
adjustment of status under section 245
of the Act and part 245 of this chapter.
A maintenance of status and departure
bond posted at the request of an American consular officer abroad in behalf
of an alien who did not travel to the
United States shall be canceled upon
receipt of notice from an American
consular officer that the alien is outside the United States and the nonimmigrant visa issued pursuant to the
posting of the bond has been canceled
or has expired.
(3) Substantial performance. Substantial performance of all conditions imposed by the terms of a bond shall release the obligor from liability.
(d) Bond schedules—(1) Blanketbonds
for departure of visitors and transits. The
amount of bond required for various
numbers of nonimmigrant visitors or
transits admitted under bond on Forms
I–352 shall be in accordance with the
following schedule:
Aliens
1 to 4—$500 each.
5 to 9—$2,500 total bond.
10 to 24—$3,500 total bond.
25 to 49—$5,000 total bond.
50 to 74—$6,000 total bond.
75 to 99—$7,000 total bond.
100 to 124—$8,000 total bond.
125 to 149—$9,000 total bond.
150 to 199—$10,000 total bond.

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Department of Homeland Security

§ 103.7

200 or more—$10,000 plus $50 for each alien
over 200.

CFR 1003.8, or as the Attorney General
otherwise may provide by regulation,
any fee relating to any Department of
Justice Executive Office for Immigration Review proceeding shall be paid
to, and accepted by, any USCIS office
authorized to accept fees. The immigration court does not collect fees.
Payment of any fee under this section
does not constitute filing of the document with the Board of Immigration
Appeals or with the Immigration
Court. The Department of Homeland
Security shall return to the payer, at
the time of payment, a receipt for any
fee paid. The USCIS shall also return
to the payer any documents, submitted
with the fee, relating to any Immigration Court proceeding.
(2) Remittances must be drawn on a
bank or other institution located in
the United States and be payable in
United States currency. Fees in the
form of postage stamps shall not be accepted. Remittances to the Department
of Homeland Security shall be made
payable to the ‘‘Department of Homeland Security’’ except that in case of
applicants residing in the Virgin Islands of the United States, the remittances shall be made payable to the
‘‘Commissioner of Finance of the Virgin Islands’’ and, in the case of applicants residing in Guam, the remittances shall be made payable to the
‘‘Treasurer, Guam.’’ If an application
to the Department of Homeland Security is submitted from outside the
United States, remittance may be
made by bank international money
order or foreign draft drawn on a financial institution in the United States
and payable to the Department of
Homeland Security. Remittances to
the Board of Immigration Appeals shall
be made payable to the ‘‘United States
Department of Justice,’’ in accordance
with 8 CFR 1003.8. A charge of $30.00
will be imposed if a check in payment
of a fee or any other matter is not honored by the bank or financial institution on which it is drawn. A receipt
issued by a Department of Homeland
Security officer for any remittance
shall not be binding upon the Department of Homeland Security if the remittance is found uncollectible. Furthermore, legal and statutory deadlines will not be deemed to have been

(2) Blanket bonds for importation of
workers classified as nonimmigrants
under section 101(a)(15)(H). The following schedule shall be employed by
district directors when requiring employers or their agents or representatives to post bond as a condition to importing alien laborers into the United
States from the West Indies, the British Virgin Islands, or from Canada:
Less than 500 workers—$15 each
500 to 1,000 workers—$10 each
1,000 or more workers—$5 each

A bond shall not be posted for less than
$1,000 or for more than $12,000 irrespective of the number of workers involved.
Failure to comply with conditions of
the bond will result in the employer’s
liability in the amount of $200 as liquidated damages for each alien involved.
(e) Breach of bond. A bond is breached
when there has been a substantial violation of the stipulated conditions. A
final determination that a bond has
been breached creates a claim in favor
of the United States which may not be
released or discharged by a Service officer. The district director having custody of the file containing the immigration bond executed on Form I–352
shall determine whether the bond shall
be declared breached or cancelled, and
shall notify the obligor on Form I–323
or Form I–391 of the decision, and, if
declared breached, of the reasons therefor, and of the right to appeal in accordance with the provisions of this
part.
[31 FR 11713, Sept. 7, 1966, as amended at 32
FR 9622, July 4, 1967; 33 FR 5255, Apr. 2, 1968;
33 FR 10504, July 24, 1968; 34 FR 1008, Jan. 23,
1969; 34 FR 14760, Sept. 25, 1969; 39 FR 12334,
Apr. 5, 1974; 40 FR 42852, Sept. 17, 1975; 48 FR
51144, Nov. 7, 1983; 49 FR 24011, June 11, 1984;
60 FR 21974, May 4, 1995; 62 FR 10336, Mar. 6,
1997; 76 FR 53781, Aug. 29, 2011]

pmangrum on DSK3VPTVN1PROD with CFR

§ 103.7

Fees.

(a) Remittances. (1) Fees shall be submitted with any formal application or
petition prescribed in this chapter in
the amount prescribed by law or regulation. Except for fees remitted directly to the Board of Immigration Appeals pursuant to the provisions of 8

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