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The Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS) conducted a FY 2019/2020 fee review for its Immigration Examinations Fee Account (IEFA), pursuant to the requirements of the Chief Financial Officers Act of 1990 (CFO Act), 31 U.S.C. 901-03 and the Immigration and Nationality Act, section 286(m), 8 U.S.C. 1356(m). The CFO Act requires each agency’s chief financial officer to "review, on a biennial basis, the fees, royalties, rents, and other charges imposed by the agency for services and things of value it provides, and make recommendations on revising those charges to reflect costs incurred by it in providing those services and things of value." As a result of the FY 2019/2020 IEFA fee review, DHS will propose to adjust USCIS’ fee schedule via notice and comment rulemaking.

Statement of Need:

The CFO Act requires each agency’s chief financial officer to "review, on a biennial basis, the fees, royalties, rents, and other charges imposed by the agency for services and things of value it provides, and make recommendations on revising those charges to reflect costs incurred by it in providing those services and things of value."

Summary of the Legal Basis:

The INA section 286(m), 8 U.S.C. 1356(m) and the CFO Act, 31 U.S.C. 901-03 require each agency’s Chief Financial Officer (CFO) to review, on a biennial basis, the fees imposed by the agency for services it provides, and to recommend changes to the agency’s fees. The proposed rule is also consistent with non-statutory guidance on fees, the budget process, and federal accounting principles. Finally, this rule accounts for, and is consistent with, congressional appropriations for specific USCIS programs including funding for the E-Verify employment eligibility verification program.

Alternatives:

Anticipated Costs and Benefits:

DHS is still considering the exact cost and benefit impacts of the proposed provisions.

Risks: