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B-335847 Jan 12, 2024 1 (2024-01-12)

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                     U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.
Washington, DC 20548


B-335847


January 12, 2024

The Honorable Richard J. Durbin
Chairman
The Honorable Lindsey Graham
Ranking Member
Committee on the Judiciary
United States Senate

The Honorable Jim Jordan
Chairman
The Honorable Jerrold Nadler
Ranking Member
Committee on the Judiciary
House  of Representatives

Subject: Department of Homeland Security: Adjustment to Premium Processing Fees

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 (DHS) entitled Adjustment to Premium
Processing Fees (RIN: 1615-ZC05). We  received the rule on December 28, 2023. It was
published in the Federal Register as a final rule on December 28, 2023. 88 Fed. Reg. 89539.
The effective date is February 26, 2024.

According to DHS, this final rule increases premium processing fees charged by U.S.
Citizenship and Immigration Services (USCIS) to reflect the amount of inflation from June 2021
through June 2023 according to the Consumer Price Index for All Urban Consumers. DHS
stated that the adjustment increases premium processing fees from $1,500 to $1,685; $1,750 to
$1,965; and $2,500 to $2,805.

The Congressional Review Act (CRA) 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 later. 5 U.S.C. § 801(a)(3)(A). This final rule was published in the Federal
Register on December 28, 2023. 88 Fed. Reg. 89539. DHS sent us confirmation that the rule
was received by both houses of Congress on December 29, 2023. Email from Deputy Chief,
Regulatory Coordination Division, USCIS, DHS to Staff Attorney, GAO, Subject: Congressional
Review Act Submission (GAO) RIN  1615-ZC05 (Jan. 5, 2024). The rule has a stated effective
date of February 26, 2024. Therefore, based on the dates of congressional receipt, the rule
does not have the required 60-day delay in its effective date.

Enclosed is our assessment of DHS's compliance with the procedural steps required by
section 801(a)(1)(B)(i) through (iv) of title 5 with respect to the rule. If you have any questions
about this report or wish to contact GAO officials responsible for the evaluation work relating to

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