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GAO-04-698R 1 (2004-04-30)

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       Accountability * Integrity * Reliability
United States General Accounting Office
Washington, DC 20548

          B-293955

          April 30, 2004

          The Honorable Orrin G. Hatch
          Chairman
          The Honorable Patrick J. Leahy
          Ranking Minority Member
          Committee on the Judiciary
          United States Senate

          The Honorable F. James Sensenbrenner, Jr.
          Chairman
          The Honorable John Conyers, Jr.
          Ranking Minority Member
          Committee on the Judiciary
          House of Representatives

          Subject: Department of Homeland Security Adjustment of the Immigration Benefit
                  Application Fee Schedule

          Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a
          major rule promulgated by the Department of Homeland Security, Bureau of
          Citizenship and Immigration Services (BCIS), entitled Adjustment of the
          Immigration Benefit Application Fee Schedule (RIN: 1615-AA84). We received the
          rule on April 16, 2004. It was published in the Federal Register as a final rule and
          confirmation of interim rules on April 15, 2004. 69 Fed. Reg. 20528.

          The final rule adjusts the fee schedule of the Immigration Examinations Fee Account
          for immigration benefit applications and petitions, as well as the fee for capturing
          biometric information of applicants or petitioners who apply for certain immigration
          benefits.

          On January 5, 2004, our Office issued a report entitled Immigration Application
          Fees: Current Fees Are Not Sufficient to Fund US. Citizenship and Immigration
          Services' Operations(GAO-4-309R). The report concluded that the current fee
          schedule was based on an outdated fee study that did not include all costs of BCIS's
          operations and that costs had increased since that study was completed due to an
          additional processing requirement and other actions.

          The final rule has an announced effective date of April 30, 2004. The Congressional
          Review Act requires a 60-day delay in the effective date of a major rule from the date
          of publication in the Federal Register or receipt of the rule by Congress, whichever is


GAO-04-698R

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