Reduce Financial Barriers to Immigration and Citizenship Act of 2021
This bill prohibits the Department of Homeland Security (DHS) from charging fees for certain immigration applications (or petitions), requires DHS to provide fee waivers to certain applicants, and addresses related issues.
DHS may not impose fees for certain applications for or related to (1) asylum or refugee status, (2) special immigrant juvenile status, (3) U or T non-immigrant visas (victims of certain crimes such as human trafficking), (4) the Violence Against Women Act, (5) special immigrant status for Afghan or Iraqi nationals employed by the U.S. government, or (6) immigration-related fee waivers.
DHS must also waive immigration-related application fees for an applicant who receives a means-tested benefit or meets certain conditions related to financial hardship. However, DHS is not required to provide fee waivers for applications for certain employment-based immigration benefits.
Receipt of a fee waiver may not be used as a factor (1) for determining whether an alien should be considered a public charge, or (2) when considering an affidavit of support filed by a sponsor.
The bill also requires all collected immigration-related adjudication fees to be used only to fund the adjudication and administration of immigration benefits and naturalization.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5319 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 5319
To amend the Immigration and Nationality Act to provide for certain fee
waivers, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 21, 2021
Mrs. Torres of California (for herself, Ms. Meng, Mr. Takano, Ms.
Norton, Ms. Chu, Mr. Jones, Mr. Grijalva, Ms. Velazquez, Mr. Cardenas,
Mr. McGovern, Mrs. Carolyn B. Maloney of New York, Ms. Ocasio-Cortez,
Mr. Gomez, Mr. Soto, Mr. Espaillat, Mr. Vargas, and Mr. Garcia of
Illinois) introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act to provide for certain fee
waivers, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reduce Financial Barriers to
Immigration and Citizenship Act of 2021''.
SEC. 2. LIMITATION ON USE OF FEES.
(a) In General.--Section 286 of the Immigration and Nationality Act
(8 U.S.C. 1356) is amended by striking subsection (m) and inserting the
following:
``(1) In general.--Notwithstanding any other provisions of
law, all adjudication fees shall be deposited as offsetting
receipts into a separate account entitled `Immigration
Examinations Fee Account' in the Treasury of the United States,
whether collected directly by the Attorney General, Secretary
of Homeland Security: Provided, however, That all fees received
by the Attorney General from applicants residing in the Virgin
Islands of the United States, and in Guam, under this
subsection shall be paid over to the treasury of the Virgin
Islands and to the treasury of Guam.''.
(b) Limitation on Transfer of Fees.--Section 286(n) of the
Immigration and Nationality Act (8 U.S.C. 19 1356(n)) is amended by
striking the period at the end and inserting: ``. Provided, however,
That funds within the `Immigration Examinations Fee Account' shall be
used by the U.S. Citizenship and Immigration Services, or a successor
agency to which its duties are transferred, to solely to fund the
adjudication and administration of immigration benefits and
naturalization.''.
SEC. 3. REQUIRED FEE WAIVERS FOR CERTAIN APPLICATIONS AND PETITIONS.
(a) In General.--Section 286 of the Immigration and Nationality Act
(8 U.S.C. 1356) is amended by adding at the end of subsection (m) the
following:
``(3) Fees.--That fees for providing adjudication and
naturalization services described in paragraph (2) may be set
at a level that will ensure recovery of the costs of providing
all such services, including the costs of similar services
provided without charge to applicants described in paragraphs
(4) and (5). Such fees may also be set at a level that will
recover any additional costs associated with the administration
of the fees collected.
``(4) Prohibitions.--The Secretary of Homeland Security may
not impose a fee with respect to the filing of the following
immigration application or petitions (and any associated
applications, petitions, information collections or appeals)--
``(A) an application for asylum and related relief;
``(B) an application or petition filed for refugee
status;
``(C) a petition for status as a special immigrant
juvenile and any subsequent applications filed by a
special immigrant juvenile;
``(D) a petition for U non-immigrant status under
section 101(a)(15)(U)(ii)(I), and related applications,
including advance parole, employment authorization,
derivative petitions adjustment of status, and waivers;
``(E) a self-petition filed by a spouse, child or
parent of an abusive U.S. citizen under VAWA, and
applications filed by those with approved self
petitions under VAWA;
``(F) an application for T non-immigrant status
under section 101(a)(15)(T);
``(G) a petition for a special immigrant visa for
an individual who is an Afghan or Iraqi national and
was or is employed by or on behalf of the United States
Government;
``(H) an application for a fee waiver pursuant to
paragraph (5) of this section; and
``(I) any other petition or application the
Secretary determines to be in the public interest.
``(5) Fee waiver based on an inability to pay.--
``(A) In general.--The Secretary of Homeland
Security shall waive fees with respect to the filing of
an immigration application or petition (and any
associated application, petition, information
collection and appeal) for an alien who demonstrates to
the satisfaction of the Secretary that such alien--
``(i) is the recipient of a means-tested
benefit where the Federal, State, or local
agency administering such public benefit
considers the income and resources of the
individual in granting such benefit;
``(ii) has an income is no greater than 250
percent of the Federal poverty guidelines; or
``(iii) faces extraordinary financial
hardship that prevents them from paying the
filing fee.
``(B) Corrective filing.--If the Secretary finds
that an applicant is ineligible for a fee waiver under
this subparagraph, the Secretary shall notify
applicants of the basis for such ineligibility, and
allow applicants 90 days from the date on which the
Secretary provides such notice to submit additional
evidence of eligibility. Such applicant shall retain
the original filing date of the application or petition
associated with the fee waiver.
``(C) Exceptions.--This section shall not apply to
petitions seeking classification under section
203(b)(1)(A)-(C), (b)(2)(A)-(C), (b)(3)(A)-(C), and
(b)(5)(A)-(D) of this Act or petitions filed by
employers pursuant to section 214(C) of this Act.
``(D) Federal poverty guidelines.--The term
`Federal poverty guidelines' has the meaning given such
term by the Director of the Office of Management and
Budget, as revised annually by the 18 Secretary of
Health and Human Services in accordance with section
673(2) of the Omnibus Budget Reconciliation Act of 1981
(42 U.S.C. 9902(2)).
``(E) Public charge.--
``(i) Finding of public charge.--Receipt of
an application for a fee waiver under this
section shall not be considered in a public
charge determination pursuant to section
212(a)(4) or section 237(a)(5).
``(ii) Sponsors.--Receipt of or application
for a fee waiver by the sponsor of an
immigration petition shall not be considered as
a factor in consideration of an affidavit of
support filed by the sponsor.''.
(b) Backlog Reduction.--There is authorized to be appropriated
$500,000,000 to U.S. Citizenship and Immigration Services in order to
streamline processing of applications or petitions granted a fee
waiver.
SEC. 4. STUDY AND REPORTS ON FEE INCREASES.
(a) Report to Congress.--Not later than 60 days prior to a notice
of proposed rulemaking with respect to an increase in fees for an
application for an immigration petition or benefit, the Secretary of
Homeland Security shall submit a report to Congress including--
(1) evidence that U.S. Citizenship and Immigration Services
has engaged in cost-cutting measures prior to an increase in
such fees;
(2) evidence that the decision to increase fees shall not
negatively affect the economic and social benefits of
immigration; and
(3) the balance of the Immigration Examinations Fee account
under section 286(m) of the Immigration and Nationality Act (8
U.S.C. 1356(m)), any restrictions on the expenditure of funds
therein, projections of future incoming revenue, and the
information and methods used to produce each of these
calculations.
(b) GAO Study and Report.--Not later than 180 days after the date
of the enactment of this Act, the Comptroller General of the United
States shall carry out a study to analyze U.S. Citizenship and
Immigration Services expenditures and the use of fees collected for
each immigration petition or benefit to determine if such fees are used
efficiently and submit a report on such study.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Immigration and Citizenship.
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