supporting CFR

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]

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§ 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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§ 103.7

8 CFR Ch. I (1–1–12 Edition)

met if payment is not made within 10
business days after notification by the
Department of Homeland Security of
the dishonored check.
(b) Amounts of fees. (1) Prescribed fees
and charges. (i) USCIS fees. A request
for immigration benefits submitted to
USCIS must include the required fee as
prescribed under this section. The fees
prescribed in this section are associated with the benefit, the adjudication,
and the type of request and not solely
determined by the form number listed
below. The term ‘‘form’’ as defined in 8
CFR part 1, may include a USCIS-approved electronic equivalent of such
form as USCIS may prescribe on its official Web site at http//www.uscis.gov.
(A) Certification of true copies: $2.00
per copy.
(B) Attestation under seal: $2.00 each.
(C) Biometric services (Biometric Fee).
For capturing, storing, or using biometrics (Biometric Fee). A service fee
of $85 will be charged of any individual
who is required to have biometrics captured, stored, or used in connection
with an application or petition for certain immigration and naturalization
benefits (other than asylum), whose application fee does not already include
the charge for biometric services. No
biometric services fee is charged when:
(1) A written request for an extension
of the approval period is received by
USCIS prior to the expiration date of
approval of an Application for Advance
Processing of Orphan Petition, if a Petition to Classify Orphan as an Immediate Relative has not yet been submitted in connection with an approved
Application for Advance Processing of
Orphan Petition. This extension without fee is limited to one occasion. If
the approval extension expires prior to
submission of an associated Petition to
Classify Orphan as an Immediate Relative, then a complete application and
fee must be submitted for a subsequent
application.
(2) The application or petition fee for
the associated benefit request has been
waived under paragraph (c) of this section; or
(3) The associated benefit request is
an Application for Posthumous Citizenship (Form N–644); Refugee/Asylee Relative Petition (Form I–730); Application for T Nonimmigrant Status (Form

I–914); Petition for U Nonimmigrant
Status (Form I–918); Application for
Naturalization (Form N–400) by an applicant who meets the requirements of
sections 328 or 329 of the Act with respect to military service under paragraph (b)(1)(i)(WW) of this section; Application to Register Permanent Residence or Adjust Status (Form I–485)
from an asylee under paragraph
(b)(1)(i)(U) of this section; Application
To Adjust Status under Section 245(i)
of the Act (Supplement A to Form I–
485) from an unmarried child less than
17 years of age, or when the applicant
is the spouse, or the unmarried child
less than 21 years of age of a legalized
alien and who is qualified for and has
applied for voluntary departure under
the family unity program from an
asylee under paragraph (b)(1)(i)(V) of
this section; or a Petition for
Amerasian, Widow(er), or Special Immigrant (Form I–360) meeting the requirements of paragraphs (b)(1)(i)(T)(1),
(2), (3) or (4) of this section.
(D) Immigrant visa DHS domestic processing fees. For DHS domestic processing and issuance of required documents after an immigrant visa is
issued by the Department of State:
$165.
(E) Request for a search of indices to
historical records to be used in genealogical research (Form G–1041): $20. The
search fee is not refundable.
(F) Request for a copy of historical
records to be used in genealogical research
(Form G–1041A): $20 for each file copy
from microfilm, or $35 for each file
copy from a textual record. In some
cases, the researcher may be unable to
determine the fee, because the researcher will have a file number obtained from a source other than USCIS
and therefore not know the format of
the file (microfilm or hard copy). In
this case, if USCIS locates the file and
it is a textual file, USCIS will notify
the researcher to remit the additional
$15. USCIS will refund the records request fee only when it is unable to locate the file previously identified in response to the index search request.
(G) Application to Replace Permanent
Resident Card (Form I–90). For filing an
application for a Permanent Resident
Card (Form I–551) in lieu of an obsolete
card or in lieu of one lost, mutilated,

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Department of Homeland Security

§ 103.7

or destroyed, or for a change in name:
$365.
(H) Application for Replacement/Initial
Nonimmigrant Arrival–Departure Document (Form I–102). For filing a petition
for an application for Arrival/Departure Record (Form I–94) or Crewman’s
Landing Permit (Form I–95), in lieu of
one lost, mutilated, or destroyed: $330.
(I) Petition for a Nonimmigrant Worker
(Form I–129). For filing a petition for a
nonimmigrant worker: $325.
(J) Petition for a CNMI-Only Nonimmigrant Transitional Worker (Form I–
129CW). For an employer to petition on
behalf of one or more beneficiaries: $325
plus a supplemental CNMI education
funding fee of $150 per beneficiary per
year. The CNMI education funding fee
cannot be waived.
(K) Petition for Alien Fiance´(e) (Form
I–129F). For filing a petition to classify
a nonimmigrant as a fiance´e or fiance´
under section 214(d) of the Act: $340;
there is no fee for a K–3 spouse as designated in 8 CFR 214.1(a)(2) who is the
beneficiary of an immigrant petition
filed by a United States citizen on a
Petition for Alien Relative (Form I–
130).
(L) Petition for Alien Relative (Form I–
130). For filing a petition to classify
status of an alien relative for issuance
of an immigrant visa under section
204(a) of the Act: $420.
(M) Application for Travel Document
(Form I–131). For filing an application
for travel document:
(1) $135 for a Refugee Travel Document for an adult age 16 or older.
(2) $105 for a Refugee Travel Document for a child under the age of 16.
(3) $360 for advance parole and any
other travel document.
(4) No fee if filed in conjunction with
a pending or concurrently filed Application to Register Permanent Residence or Adjust Status (Form I–485)
when that application was filed with a
fee on or after July 30, 2007.
(N) Immigrant Petition for Alien Worker
(Form I–140). For filing a petition to
classify preference status of an alien on
the basis of profession or occupation
under section 204(a) of the Act: $580.
(O) Application for Advance Permission
to Return to Unrelinquished Domicile
(Form I–191). For filing an application

for discretionary relief under section
212(c) of the Act: $585.
(P) Application for Advance Permission
to Enter as a Nonimmigrant (Form I–192).
For filing an application for discretionary relief under section 212(d)(3) of
the Act, except in an emergency case
or where the approval of the application is in the interest of the United
States Government: $585.
(Q) Application for Waiver for Passport
and/or Visa (Form I–193). For filing an
application for waiver of passport and/
or visa: $585.
(R) Application for Permission to Reapply for Admission into the United
States After Deportation or Removal
(Form I–212). For filing an application
for permission to reapply for an excluded, deported or removed alien, an
alien who has fallen into distress, an
alien who has been removed as an alien
enemy, or an alien who has been removed at government expense in lieu
of deportation: $585.
(S) Notice of Appeal or Motion (Form I–
290B). For appealing a decision under
the immigration laws in any type of
proceeding over which the Board of Immigration Appeals does not have appellate jurisdiction: $630. The fee will be
the same for appeal of a denial of a
benefit request with one or multiple
beneficiaries. There is no fee for an appeal or motion associated with a denial
of a petition for a special immigrant
visa from an Iraqi or Afghan national
who worked for or on behalf of the U.S.
Government in Iraq or Afghanistan.
(T) Petition for Amerasian, Widow(er),
or Special Immigrant (Form I–360). For
filing a petition for an Amerasian,
Widow(er), or Special Immigrant: $405.
The following requests are exempt
from this fee:
(1) A petition seeking classification
as an Amerasian;
(2) A self-petitioning battered or
abused spouse, parent, or child of a
United States citizen or lawful permanent resident;
(3) A Special Immigrant Juvenile; or
(4) An Iraqi or Afghan national who
worked for, or on behalf of the U.S.
Government in Iraq or Afghanistan.
(U) Application to Register Permanent
Residence or Adjust Status (Form I–485).
For filing an application for permanent

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§ 103.7

8 CFR Ch. I (1–1–12 Edition)

resident status or creation of a record
of lawful permanent residence:
(1) $985 for an applicant 14 years of
age or older; or
(2) $635 for an applicant under the age
of 14 years when it is:
(i) Submitted concurrently for adjudication with the Form I–485 of a parent;
(ii) The applicant is seeking to adjust
status as a derivative of his or her parent; and
(iii) The child’s application is based
on a relationship to the same individual who is the basis for the child’s
parent’s adjustment of status, or under
the same legal authority as the parent.
(3) There is no fee if an applicant is
filing as a refugee under section 209(a)
of the Act.
(V) Application to Adjust Status under
section 245(i) of the Act (Supplement A to
Form I–485). Supplement A to Form I–
485 for persons seeking to adjust status
under the provisions of section 245(i) of
the Act: $1,000. There is no fee when the
applicant is an unmarried child less
than 17 years of age, or when the applicant is the spouse, or the unmarried
child less than 21 years of age of a legalized alien and who is qualified for
and has applied for voluntary departure under the family unity program.
(W) Immigrant Petition by Alien Entrepreneur (Form I–526). For filing a petition for an alien entrepreneur: $1,500.
(X) Application To Extend/Change Nonimmigrant Status (Form I–539). For filing
an application to extend or change
nonimmigrant status: $290.
(Y) Petition to Classify Orphan as an
Immediate Relative (Form I–600). For filing a petition to classify an orphan as
an immediate relative for issuance of
an immigrant visa under section 204(a)
of the Act. Only one fee is required
when more than one petition is submitted by the same petitioner on behalf of orphans who are brothers or sisters: $720.
(Z) Application for Advance Processing
of Orphan Petition (Form I–600A). For
filing an application for advance processing of orphan petition. (When more
than one petition is submitted by the
same petitioner on behalf of orphans
who are brothers or sisters, only one
fee will be required.): $720. No fee is
charged if Form I–600 has not yet been

submitted in connection with an approved Form I–600A subject to the following conditions:
(1) The applicant requests an extension of the approval in writing and the
request is received by USCIS prior to
the expiration date of approval.
(2) The applicant’s home study is updated and USCIS determines that proper care will be provided to an adopted
orphan.
(3) A no fee extension is limited to
one occasion. If the Form I–600A approval extension expires prior to submission of an associated Form I–600,
then a complete application and fee
must be submitted for any subsequent
application.
(AA) Application for Waiver of Ground
of Inadmissibility (Form I–601). For filing
an application for waiver of grounds of
inadmissibility: $585.
(BB) Application for Waiver of the Foreign Residence Requirement (under Section 212(e) of the Act) (Form I–612). For
filing an application for waiver of the
foreign residence requirement under
section 212(e) of the Act: $585.
(CC) Application for Status as a Temporary Resident under Section 245A of the
Act (Form I–687). For filing an application for status as a temporary resident
under section 245A(a) of the Act: $1,130.
(DD) Application for Waiver of Grounds
of Inadmissibility under Sections 245A or
210 of the Act (Form I–690). For filing an
application for waiver of a ground of
inadmissibility under section 212(a) of
the Act in conjunction with the application under sections 210 or 245A of the
Act, or a petition under section 210A of
the Act: $200.
(EE) Notice of Appeal of Decision under
Sections 245A or 210 of the Act (or a petition under section 210A of the Act) (Form
I–694). For appealing the denial of an
application under sections 210 or 245A
of the Act, or a petition under section
210A of the Act: $755.
(FF) Application to Adjust Status from
Temporary to Permanent Resident (Under
Section 245A of Public Law 99–603) (Form
I–698). For filing an application to adjust status from temporary to permanent resident (under section 245A of
Public Law 99–603): $1020. The adjustment date is the date of filing of the
application for permanent residence or

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Department of Homeland Security

§ 103.7
(NN) Application for Action on an Approved Application or Petition (Form I–
824). For filing for action on an approved application or petition: $405.
(OO) Petition by Entrepreneur to Remove Conditions (Form I–829). For filing
a petition by entrepreneur to remove
conditions: $3,750.
(PP) Application for Suspension of Deportation or Special Rule Cancellation of
Removal (Pursuant to Section 203 of Pub.
L. 105–100) (Form I–881):
(1) $285 for adjudication by the Department of Homeland Security, except
that the maximum amount payable by
family members (related as husband,
wife, unmarried child under 21, unmarried son, or unmarried daughter) who
submit applications at the same time
shall be $570.
(2) $165 for adjudication by the Immigration Court (a single fee of $165 will
be charged whenever applications are
filed by two or more aliens in the same
proceedings).
(3) The $165 fee is not required if the
Form I–881 is referred to the Immigration Court by the Department of Homeland Security.
(QQ) Application for Authorization to
Issue Certification for Health Care Workers (Form I–905): $230.
(RR) Request for Premium Processing
Service (Form I–907). The fee must be
paid in addition to, and in a separate
remittance from, other filing fees. The
request for premium processing fee will
be adjusted annually by notice in the
FEDERAL REGISTER based on inflation
according to the Consumer Price Index
(CPI). The fee to request premium
processing: $1,225. The fee for Premium
Processing Service may not be waived.
(SS) Civil Surgeon Designation. For filing an application for civil surgeon
designation: $615. There is no fee for an
application from a medical officer in
the U.S. Armed Forces or civilian physician employed by the U.S. government who examines members and veterans of the armed forces and their dependents at a military, Department of
Veterans Affairs, or U.S. Government
facility in the United States.
(TT) Application for Regional Center
under the Immigrant Investor Pilot Program (Form I–924). For filing an application for regional center under the Immigrant Investor Pilot Program: $6,230.

the applicant’s eligibility date, whichever is later.
(GG) Petition to Remove the Conditions
of Residence based on marriage (Form I–
751). For filing a petition to remove the
conditions on residence based on marriage: $505.
(HH) Application for Employment Authorization (Form I–765): $380; no fee if
filed in conjunction with a pending or
concurrently filed Application to Register Permanent Residence or Adjust
Status (Form I–485) when that request
was filed with a fee on or after July 30,
2007.
(II) Petition to Classify Convention
Adoptee as an Immediate Relative (Form
I–800).
(1) There is no fee for the first Form
I–800 filed for a child on the basis of an
approved Application for Determination of Suitability to Adopt a Child
from a Convention Country (Form I–
800A) during the approval period.
(2) If more than one Form I–800 is
filed during the approval period for different children, the fee is $720 for the
second and each subsequent petition
submitted.
(3) If the children are already siblings
before the proposed adoption, however,
only one filing fee of $720 is required,
regardless of the sequence of submission of the immigration benefit.
(JJ) Application for Determination of
Suitability to Adopt a Child from a Convention Country (Form I–800A). For filing an application for determination of
suitability to adopt a child from a Convention country: $720.
(KK) Request for Action on Approved
Application for Determination of Suitability to Adopt a Child from a Convention Country (Form I–800A, Supplement
3). This filing fee is not charged if
Form I–800 has not been filed based on
the approval of the Form I–800A, and
Form I–800A Supplement 3 is filed in
order to obtain a first extension of the
approval of the Form I–800A: $360.
(LL) Application for Family Unity Benefits (Form I–817). For filing an application for voluntary departure under the
Family Unity Program: $435.
(MM) Application for Temporary Protected Status (Form I–821). For first time
applicants: $50. This $50 application fee
does not apply to re-registration.

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§ 103.7

8 CFR Ch. I (1–1–12 Edition)

(UU) Petition for Qualifying Family
Member of a U–1 Nonimmigrant (Form I–
929). For U–1 principal applicant to submit for each qualifying family member
who plans to seek an immigrant visa or
adjustment of U status: $215.
(VV) Application to File Declaration of
Intention (Form N–300). For filing an application for declaration of intention
to become a U.S. citizen: $250.
(WW) Request for a Hearing on a Decision in Naturalization Proceedings (under
section 336 of the Act) (Form N–336). For
filing a request for hearing on a decision in naturalization proceedings
under section 336 of the Act: $650. There
is no fee if filed on or after October 1,
2004, by an applicant who has filed an
Application for Naturalization under
sections 328 or 329 of the Act with respect to military service and whose application has been denied.
(XX) Application for Naturalization
(Form N–400). For filing an application
for naturalization (other than such application filed on or after October 1,
2004, by an applicant who meets the requirements of sections 328 or 329 of the
Act with respect to military service,
for which no fee is charged): $595.
(YY) Application to Preserve Residence
for Naturalization Purposes (Form N–470).
For filing an application for benefits
under section 316(b) or 317 of the Act:
$330.
(ZZ) Application for Replacement Naturalization/Citizenship Document (Form N–
565). For filing an application for a certificate of naturalization or declaration of intention in lieu of a certificate
or declaration alleged to have been
lost, mutilated, or destroyed; for a certificate of citizenship in a changed
name under section 343(c) of the Act; or
for a special certificate of naturalization to obtain recognition as a citizen
of the United States by a foreign state
under section 343(b) of the Act: $345.
There is no fee when this application is
submitted under 8 CFR 338.5(a) or 343a.1
to request correction of a certificate
that contains an error.
(AAA) Application for Certificate of
Citizenship (Form N–600). For filing an
application for a certificate of citizenship under section 309(c) or section 341
of the Act for applications filed on behalf of a biological child: $600. For applications filed on behalf of an adopted

child: $550. There is no fee for any application filed by a member or veteran
of any branch of the United States
Armed Forces.
(BBB) Application for Citizenship and
Issuance of Certificate under section 322
of the Act (Form N–600K). For filing an
application for citizenship and issuance
of certificate under section 322 of the
Act: $600, for an application filed on behalf of a biological child, and $550 for
an application filed on behalf of an
adopted child.
(CCC) American Competitiveness and
Workforce Improvement Act (ACWIA) fee.
$1500 or $750 for filing certain H–1B petitions as described in 8 CFR
214.2(h)(19) and USCIS form instructions.
(DDD) Fraud detection and prevention
fee. $500 for filing certain H–1B and L
petitions, and $150 for H–2B petitions as
described in 8 CFR 214.2(h)(19).
(EEE) Public Law 111–230 fee. Petitioners who are required to submit the
Fraud Detection and Prevention Fee
described in paragraph (b)(1)(i)(DDD) of
this section are also required to submit
an additional $2000 for an H–1B petition
or an additional $2250 for an L–1 petition if:
(1) The petitioner employs 50 or more
persons in the United States;
(2) More than 50 percent of those employees are in H–1B or L–1 status; and
(3) The petition is filed prior to the
expiration of section 402 of Public Law
111–230.
(ii) Other DHS immigration fees. The
following fees are applicable to one or
more of the immigration components
of DHS:
(A) DCL System Costs Fee. For use of
a Dedicated Commuter Lane (DCL) located at specific ports-of-entry of the
United States by an approved participant in a designated vehicle: $80.00,
with the maximum amount of $160.00
payable by a family (husband, wife, and
minor children under 18 years of age).
Payable following approval of the application but before use of the DCL by
each participant. This fee is non-refundable, but may be waived by DHS. If
a participant wishes to enroll more
than one vehicle for use in the
PORTPASS system, he or she will be
assessed with an additional fee of: $42
for each additional vehicle enrolled.

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(B) Form I–17. For filing a petition for
school certification: $1,700, plus a site
visit fee of $655 for each location listed
on the form.
(C) Form I–68. For application for
issuance of the Canadian Border Boat
Landing Permit under section 235 of
the Act: $16.00. The maximum amount
payable by a family (husband, wife, unmarried children under 21 years of age,
and parents of either husband or wife)
shall be $32.00.
(D) Form I–94. For issuance of Arrival/
Departure Record at a land border
port-of-entry: $6.00.
(E) Form I–94W. For issuance of Nonimmigrant Visa Waiver Arrival/Departure Form at a land border port-ofentry under section 217 of the Act:
$6.00.
(F) Form I–246. For filing application
for stay of deportation under 8 CFR
part 243: $155.00.
(G) Form I–823. For application to a
PORTPASS program under section 286
of the Act—$25.00, with the maximum
amount of $50.00 payable by a family
(husband, wife, and minor children
under 18 years of age). The application
fee may be waived by the district director. If fingerprints are required, the inspector will inform the applicant of the
current Federal Bureau of Investigation fee for conducting fingerprint
checks prior to accepting the application fee. Both the application fee (if
not waived) and the fingerprint fee
must be paid to CBP before the application will be processed. The fingerprint
fee may not be waived. For replacement of PORTPASS documentation
during the participation period: $25.00.
(H) Form I–901. For remittance of the
I–901 SEVIS fee for F and M students:
$200. For remittance of the I–901 SEVIS
fee for certain J exchange visitors:
$180. For remittance of the I–901 SEVIS
fee for J–1 au pairs, camp counselors,
and participants in a summer work/
travel program: $35. There is no I–901
SEVIS fee remittance obligation for J
exchange visitors in federally-funded
programs with a program identifier
designation prefix that begins with G–
1, G–2, G–3 or G–7.
(I) Special statistical tabulations—a
charge will be made to cover the cost
of the work involved: DHS Cost.

(J) Set of monthly, semiannual, or annual tables entitled ‘‘Passenger Travel Reports via Sea and Air’’: $7.00. Available
from DHS, then the Immigration &
Naturalization Service, for years 1975
and before. Later editions are available
from the United States Department of
Transportation, contact: United States
Department of Transportation, Transportation Systems Center, Kendall
Square, Cambridge, MA 02142.
(K) Classification of a citizen of Canada
to be engaged in business activities at a
professional level pursuant to section
214(e) of the Act (Chapter 16 of the North
American Free Trade Agreement): $50.00.
(L) Request for authorization for parole
of an alien into the United States: $65.00.
(2) Fees for copies of records. Fees for
production or disclosure of records
under 5 U.S.C. 552 shall be charged in
accordance with the regulations of the
Department of Homeland Security at 6
CFR 5.11.
(3) Adjustment to fees. The fees prescribed in paragraph (b)(1)(i) of this
section may be adjusted annually by
publication of an inflation adjustment.
The inflation adjustment will be announced by a publication of a notice in
the FEDERAL REGISTER. The adjustment shall be a composite of the Federal civilian pay raise assumption and
non-pay inflation factor for that fiscal
year issued by the Office of Management and Budget for agency use in implementing OMB Circular A–76, weighted by pay and non-pay proportions of
total funding for that fiscal year. If
Congress enacts a different Federal civilian pay raise percentage than the
percentage issued by OMB for Circular
A–76, the Department of Homeland Security may adjust the fees, during the
current year or a following year to reflect the enacted level. The prescribed
fee or charge shall be the amount prescribed in paragraph (b)(1)(i) of this
section, plus the latest inflation adjustment, rounded to the nearest $5 increment.
(4) Fees for immigration court and
Board of Immigration Appeals. Fees for
proceedings before immigration judges
and the Board of Immigration Appeals
are provided in 8 CFR 1103.7.
(c) Waiver of fees. (1) Eligibility for a
fee waiver. Discretionary waiver of the

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§ 103.7

8 CFR Ch. I (1–1–12 Edition)

fees provided in paragraph (b)(1)(i) of
this section are limited as follows:
(i) The party requesting the benefit is
unable to pay the prescribed fee.
(ii) A waiver based on inability to
pay is consistent with the status or
benefit sought including requests that
require demonstration of the applicant’s ability to support himself or
herself, or individuals who seek immigration status based on a substantial
financial investment.
(2) Requesting a fee waiver. To request
a fee waiver, a person requesting an
immigration benefit must submit a
written request for permission to have
their request processed without payment of a fee with their benefit request. The request must state the person’s belief that he or she is entitled to
or deserving of the benefit requested,
the reasons for his or her inability to
pay, and evidence to support the reasons indicated. There is no appeal of
the denial of a fee waiver request.
(3) USCIS fees that may be waived. No
fee relating to any application, petition, appeal, motion, or request made
to U.S. Citizenship and Immigration
Services may be waived except for the
following:
(i) Biometric Fee,
(ii) Application to Replace Permanent Resident Card,
(iii) A Petition for a CNMI-Only Nonimmigrant Transitional Worker, or an
Application to Extend/Change Nonimmigrant Status only in the case of
an alien applying for CW–2 nonimmigrant status,
(iv) Application for Travel Document
when filed to request humanitarian parole,
(v) Application for Advance Permission to Return to Unrelinquished
Domicile,
(vi) Notice of Appeal or Motion, when
there is no fee for the underlying application or petition or that fee may be
waived,
(vii) Petition to Remove the Conditions of Residence based on marriage
(Form I–751),
(viii) Application for Employment
Authorization,
(ix) Application for Family Unity
Benefits,
(x) Application for Temporary Protected Status,

(xi) Application for Suspension of Deportation or Special Rule Cancellation
of Removal (pursuant to section 203 of
Pub. L. 105–110),
(xii) Application to File Declaration
of Intention, Request for a Hearing on
a Decision in Naturalization Proceedings (under section 336 of the INA),
(xiii) Application for Naturalization,
(xiv) Application to Preserve Residence for Naturalization Purposes,
(xv) Application for Replacement
Naturalization/Citizenship Document,
(xvi) Application for Certificate of
Citizenship,
(xvii) Application for Citizenship and
Issuance of Certificate under section
322 of this Act,
(xviii) Any fees associated with the
filing of any benefit request by a
VAWA self-petitioner or under sections
101(a)(15)(T) (T visas), 101(a)(15)(U) (U
visas), 106 (battered spouses of A, G, E–
3, or H nonimmigrants), 240A(b)(2) (battered spouse or child of a lawful permanent resident or U.S. citizen), and
244(a)(3) (Temporary Protected Status),
of the Act (as in effect on March 31,
1997); and
(xix) Petition for Nonimmigrant
Worker (Form I–129) or Application to
Extend/Change Nonimmigrant Status
(Form I–539), only in the case of an
alien applying for E–2 CNMI Investor
nonimmigrant status under 8 CFR
214.2(e)(23).
(4) The following fees may be waived
only for an alien for which a determination of their likelihood of becoming a public charge under section
212(a)(4) of the Act is not required at
the time of an application for admission or adjustment of status.:
(i) Application for Advance Permission to Enter as Nonimmigrant;
(ii) Application for Waiver for Passport and/or Visa;
(iii) Application to Register Permanent Residence or Adjust Status;
(iv) Application for Waiver of
Grounds of Inadmissibility.
(5) Immigration Court fees. The provisions relating to the authority of the
immigration judges or the Board to
waive fees prescribed in paragraph (b)
of this section in cases under their jurisdiction can be found at 8 CFR 1003.8
and 1003.24.

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Department of Homeland Security

§ 103.8

(6) Fees under the Freedom of Information Act (FOIA). FOIA fees may be
waived or reduced if DHS determines
that such action would be in the public
interest because furnishing the information can be considered as primarily
benefiting the general public.
(d) Exceptions and exemptions. The Director of USCIS may approve and suspend exemptions from any fee required
by paragraph (b)(1)(i) of this section or
provide that the fee may be waived for
a case or specific class of cases that is
not otherwise provided in this section,
if the Director determines that such
action would be in the public interest
and the action is consistent with other
applicable law. This discretionary authority will not be delegated to any official other than the USCIS Deputy Director.
(e) Premium processing service. A person submitting a request to USCIS
may request 15 calendar day processing
of certain employment-based immigration benefit requests.
(1) Submitting a request for premium
processing. A request for premium processing must be submitted on the form
prescribed by USCIS, including the required fee, and submitted to the address specified on the form instructions.
(2) 15-day limitation. The 15 calendar
day processing period begins when
USCIS receives the request for premium processing accompanied by an
eligible employment-based immigration benefit request.
(i) If USCIS cannot reach a final decision on a request for which premium
processing was requested, as evidenced
by an approval notice, denial notice, a
notice of intent to deny, or a request
for evidence, USCIS will refund the
premium processing service fee, but
continue to process the case.
(ii) USCIS may retain the premium
processing fee and not reach a conclusion on the request within 15 days, and
not notify the person who filed the request, if USCIS opens an investigation
for fraud or misrepresentation relating
to the benefit request.
(3) Requests eligible for premium processing.
(i) USCIS will designate the categories of employment-related benefit

requests that are eligible for premium
processing.
(ii) USCIS will announce by its official Internet Web site, currently http://
www.uscis.gov, those requests for
which premium processing may be requested, the dates upon which such
availability commences and ends, and
any conditions that may apply.
(f) Authority to certify records. The Director of USCIS, or such officials as he
or she may designate, may certify
records when authorized under 5 U.S.C.
552 or any other law to provide such
records.
[38 FR 35296, Dec. 27, 1973]
EDITORIAL NOTE: For FEDERAL REGISTER citations affecting § 103.7, see the List of CFR
Sections Affected, which appears in the
Finding Aids section of the printed volume
and at www.fdsys.gov.
EDITORIAL NOTE: At 73 FR 55698, Sept. 26,
2008, § 103.7 was amended by revising Form I–
290B. However the amendment could not be
incorporated because the text of the newly
revised form was not provided.

§ 103.8 Service of decisions and other
notices.
This section states authorized means
of service by the Service on parties and
on attorneys and other interested persons of notices, decisions, and other papers (except warrants and subpoenas)
in administrative proceedings before
Service officers as provided in this
chapter.
(a) Types of service—(1) Routine service. (i) Routine service consists of mailing the notice by ordinary mail addressed to the affected party and his or
her attorney or representative of
record at his or her last known address,
or
(ii) If so requested by a party, advising the party of such notice by electronic mail and posting the decision to
the party’s USCIS account.
(2) Personal service. Personal service,
which shall be performed by a Government employee, consists of any of the
following, without priority or preference:
(i) Delivery of a copy personally;
(ii) Delivery of a copy at a person’s
dwelling house or usual place of abode
by leaving it with some person of suitable age and discretion;

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