8 USC 1356 - Disposition of moneys collected under the provisions of this subchapter

1 So in original.

At the end of each 2-year period, beginning with the creation of this account, the Attorney General, following a public rulemaking with opportunity for notice and comment, shall submit a report to the Congress concerning the status of the account, including any balances therein, and recommend any adjustment in the prescribed fee that may be required to ensure that the receipts collected from the fee charged for the succeeding two years equal, as closely as possible, the cost of providing these services.

2 So in original. Probably should be clause “(i)”.

that was not authorized to be commenced before

3 So in original.

described in section 1255(i)(3)(span) 

4 So in original. Probably should be section “1255(i)(3)(B)”.

of this title.

5 So in original. Probably should be section “1154(a)”.

of this title related to petitions for immigrants described in

6 So in original. Probably should be followed by “of”.

diplomatic security personnel assigned exclusively or primarily to the function of preventing and detecting fraud by applicants for visas described in subparagraph (H)(i), (H)(ii), or (L) of

Amendment of Section

For termination of amendment by section 107(c) of Puspan. L. 108–77, see Effective and Termination Dates of 2003 Amendment note below.

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a), (h)(1)(B), and (r)(2), was in the original, “this Act”, meaning act June 27, 1952, ch. 477, 66 Stat. 163, known as the Immigration and Nationality Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of this title and Tables.

Subchapter C of chapter 33 of title 26, referred to in subsec. (f)(3), is classified to section 4261 et seq. of Title 26, Internal Revenue Code.

Section 606 of Public Law 101–162, referred to in subsec. (q)(3)(B), is section 606 of Puspan. L. 101–162, title VI, Nov. 21, 1989, 103 Stat. 1031, which is not classified to the Code.

Amendments

2022—Subsec. (k). Puspan. L. 117–286 substituted “chapter 10 of title 5,” for “the Federal Advisory Committee Act,”.

2020—Subsec. (u). Puspan. L. 116–159 amended subsec. (u) generally. Prior to amendment, text read as follows: “The Attorney General is authorized to establish and collect a premium fee for employment-based petitions and applications. This fee shall be used to provide certain premium-processing services to business customers, and to make infrastructure improvements in the adjudications and customer-service processes. For approval of the benefit applied for, the petitioner/applicant must meet the legal criteria for such benefit. This fee shall be set at $1,000, shall be paid in addition to any normal petition/application fee that may be applicable, and shall be deposited as offsetting collections in the Immigration Examinations Fee Account. The Attorney General may adjust this fee according to the Consumer Price Index.”

2018—Subsec. (i). Puspan. L. 115–254 inserted “, train,” after “commercial aircraft” and “, rail line,” after “airport”.

2016—Subsec. (i). Puspan. L. 114–125 substituted “Reimbursements under this subsection may be collected in advance of the provision of such immigration inspection services. Notwithstanding subsection (h)(1)(B), and only to the extent provided in appropriations Acts, any amounts collected under this subsection shall be credited as offsetting collections to the currently applicable appropriation, account, or fund of U.S. Customs and Border Protection, remain available until expended, and be available for the purposes for which such appropriation, account, or fund is authorized to be used.” for “The Attorney General’s authority to receive such reimbursement shall terminate immediately upon the provision for such services by appropriation.”

2009—Subsec. (v)(2)(B), (C). Puspan. L. 111–117, which directed substitution of subpars. (B) and (C) for “subparagraphs (B) and (C) that appear within section 426(span) of division J of” Puspan. L. 108–447, was executed by adding subpars. (B) and (C) to subsec. (v)(2) and striking out former subpars. (B) and (C), to reflect the probable intent of Congress. See 2004 Amendment note below. Prior to amendment, subpars. (B) and (C) read as follows:

“(B) Secretary of homeland security.—One-third of the amounts deposited into the Fraud Prevention and Detection Account shall remain available to the Secretary of Homeland Security until expended for programs and activities to prevent and detect fraud with respect to petitions under paragraph (1) or (2)(A) of section 1184(c) of this title to grant an alien nonimmigrant status described in subparagraph (H)(i), (H)(ii), or (L) of section 1101(a)(15) of this title.

“(C) Secretary of labor.—One-third of the amounts deposited into the Fraud Prevention and Detection Account shall remain available to the Secretary of Labor until expended for enforcement programs and activities described in section 1182(n) of this title.”

2007—Subsec. (v)(2)(A)(i). Puspan. L. 109–472, § 2(1), inserted “or primarily” after “exclusively”.

Subsec. (v)(2)(A)(ii). Puspan. L. 109–472, § 2(2), amended cl. (ii) generally. Prior to amendment, cl. (ii) read as follows: “otherwise to prevent and detect such fraud pursuant to the terms of a memorandum of understanding or other cooperative agreement between the Secretary of State and the Secretary of Homeland Security; and”.

2005—Subsec. (s)(6). Puspan. L. 109–13, § 6046, inserted “and section 1182(a)(5)(A) of this title” before period at end.

Subsec. (v). Puspan. L. 109–13, § 403(span)(2), struck out “H–1B and L” before “Fraud Prevention” in span.

Subsec. (v)(1). Puspan. L. 109–13, § 403(span)(1)(A), (B), struck out “H–1B and L” before “Fraud Prevention” and substituted “paragraph (12) or (13) of section 1184(c) of this title” for “section 1184(c)(12) of this title”.

Subsec. (v)(2)(A). Puspan. L. 109–13, § 403(span)(1)(A), struck out “H–1B and L” before “Fraud Prevention” in introductory provisions.

Subsec. (v)(2)(A)(i). Puspan. L. 109–13, § 403(span)(1)(C), substituted “(H)(i), (H)(ii),” for “(H)(i)”.

Subsec. (v)(2)(B). Puspan. L. 109–13, § 403(span)(1)(A), (C), struck out “H–1B and L” before “Fraud Prevention” and substituted “(H)(i), (H)(ii),” for “(H)(i)”.

Subsec. (v)(2)(C). Puspan. L. 109–13, § 403(span)(1)(A), struck out “H–1B and L” before “Fraud Prevention”.

Subsec. (v)(2)(D). Puspan. L. 109–13, § 403(span)(1)(A), (D), struck out “H–1B and L” before “Fraud Prevention” and inserted “or for programs and activities to prevent and detect fraud with respect to petitions under paragraph (1) or (2)(A) of section 1184(c) of this title to grant an alien nonimmigrant status described in section 1101(a)(15)(H)(ii) of this title” before period at end.

2004—Subsec. (s)(2). Puspan. L. 108–447, § 427(1), substituted “50 percent” for “55 percent”.

Subsec. (s)(3). Puspan. L. 108–447, § 427(2), substituted “30 percent” for “22 percent”.

Subsec. (s)(4)(A). Puspan. L. 108–447, § 427(3), substituted “10 percent” for “15 percent”.

Subsec. (s)(5). Puspan. L. 108–447, § 427(4), substituted “5 percent” for “4 percent” and “Secretary of Homeland Security” for “Attorney General”.

Subsec. (s)(6). Puspan. L. 108–447, § 427(5), substituted “Beginning with fiscal year 2000, 5 percent of the amounts deposited into the H–1B Nonimmigrant Petitioner Account shall remain available to the Secretary of Labor until expended for decreasing the processing time for applications under section 1182(n)(1) of this title” for “Beginning with fiscal year 2000, 2 percent of the amounts deposited into the H–1B Nonimmigrant Petitioner Account shall remain available to the Secretary of Labor until expended for decreasing the processing time for applications under section 1182(n)(1) of this title and section 1182(a)(5)(A) of this title, and 2 percent of such amounts shall remain available to such Secretary until expended for carrying out section 1182(n)(2) of this title. Notwithstanding the preceding sentence, both of the amounts made available for any fiscal year (beginning with fiscal year 2000) pursuant to the preceding sentence shall be available to such Secretary, and shall remain available until expended, only for decreasing the processing time for applications under section 1182(n)(1) of this title until the Secretary submits to the Congress a report containing a certification that, during the most recently concluded calendar year, the Secretary substantially complied with the requirement in section 1182(n)(1) of this title relating to the provision of the certification described in section 1101(a)(15)(H)(i)(span) of this title within a 7-day period”.

Subsec. (v). Puspan. L. 108–447, § 426(span), added subsec. (v).

2003—Subsec. (e)(3). Puspan. L. 108–7, § 108, added par. (3) and struck out former par. (3) which read as follows: “The Attorney General shall charge and collect $3 per individual for the immigration inspection or pre-inspection of each commercial vessel passenger whose journey originated in the United States or in any place set forth in paragraph (1): Provided, That this requirement shall not apply to immigration inspection at designated ports of entry of passengers arriving by the following vessels, when operating on a regular schedule: Great Lakes international ferries, or Great Lakes Vessels on the Great Lakes and connecting waterways.”

Subsec. (m). Puspan. L. 108–7, § 107, repealed Puspan. L. 107–296, § 457. See 2002 Amendment note below.

Subsec. (s)(1). Puspan. L. 108–77, §§ 107(c), 402(d)(2), temporarily substituted “paragraphs (9) and (11) of section 1184(c) of this title” for “section 1184(c)(9) of this title”. See Effective and Termination Dates of 2003 Amendment note below.

2002—Subsec. (e)(3). Puspan. L. 107–206 substituted “shall” for “is authorized to” and “requirement” for “authorization”.

Subsec. (g). Puspan. L. 107–173 struck out “, within forty-five minutes of their presentation for inspection,” after “adequately provided” in introductory provisions.

Subsec. (m). Puspan. L. 107–296, § 457, which directed the substitution of “such services.” for “such services, including the costs of similar services provided without charge to asylum applicants or other immigrants.”, was repealed by Puspan. L. 108–7, § 107.

Subsec. (q)(2). Puspan. L. 107–273 inserted “, including receipts for services performed in processing forms I–94, I–94W, and I–68, and other similar applications processed at land border ports of entry,” after “subsection”.

2001—Subsec. (d). Puspan. L. 107–77, § 109(1), substituted “$7” for “$6”.

Subsec. (e)(1). Puspan. L. 107–77, § 109(2), substituted “Except as provided in paragraph (3), no” for “No”.

Subsec. (e)(3). Puspan. L. 107–77, § 109(3), added par. (3).

Subsec. (q)(1)(A)(i). Puspan. L. 107–77, § 110, which directed the substitution of “96” for “6” in section 286(q)(1)(A) of the Immigration and Nationality Act of 1953, was executed by making the substitution in section 286(q)(1)(A) of the Immigration and Nationality Act to reflect the probable intent of Congress.

2000—Subsec. (s)(2). Puspan. L. 106–313, § 110(a)(1), substituted “55 percent” for “56.3 percent”.

Subsec. (s)(3). Puspan. L. 106–313, § 113(span), provided that in the amendment made by section 110(a)(2) of Puspan. L. 106–313 the figure to be inserted is deemed to be “22 percent”. See below.

Puspan. L. 106–313, § 110(a)(2), substituted “23.5 percent” for “28.2 percent”. See above.

Subsec. (s)(4). Puspan. L. 106–313, § 110(a)(3), amended span and text of par. (4) generally. Prior to amendment, text read as follows:

“(A) Grants for mathematics, engineering, or science enrichment courses.—4 percent of the amounts deposited into the H–1B Nonimmigrant Petitioner Account shall remain available to the Director of the National Science Foundation until expended to make merit-reviewed grants, under section 1862(a)(1) of title 42, for programs that provide opportunities for enrollment in year-round academic enrichment courses in mathematics, engineering, or science.

“(B) Systemic reform activities.—4 percent of the amounts deposited into the H–1B Nonimmigrant Petitioner Account shall remain available to the Director of the National Science Foundation until expended to carry out systemic reform activities administered by the National Science Foundation under section 1862(a)(1) of title 42.”

Subsec. (s)(5). Puspan. L. 106–313, § 113(a), amended text of par. (5) generally. Prior to amendment, text read as follows: “1.5 percent of the amounts deposited into the H–1B Nonimmigrant Petitioner Account shall remain available to the Attorney General until expended to carry out duties under paragraphs (1) and (9) of section 1184(c) of this title related to petitions made for nonimmigrants described in section 1101(a)(15)(H)(i)(span) of this title, to decrease the processing time for such petitions, and to carry out duties under section 416 of the American Competitiveness and Workforce Improvement Act of 1998. Such amounts shall be available in addition to any other fees authorized to be collected by the Attorney General with respect to such petitions.”

Subsec. (s)(6). Puspan. L. 106–554, which directed amendment of section 286(s)(6) of the Immigration and Naturalization Act by inserting “and section 1182(a)(5)(A) of this title” after “decreasing the processing time for applications under section 1182(n)(1) of this title”, was executed by making the amendment to subsec. (s)(6) of this section, which is section 286 of the Immigration and Nationality Act, to reflect the probable intent of Congress.

Puspan. L. 106–313, § 113(span), provided that in the amendments made by section 110(a)(4) and (5) of Puspan. L. 106–313 the figures to be inserted are deemed to be “4 percent” and “2 percent”, respectively. See below.

Puspan. L. 106–313, § 110(a)(4), substituted “5 percent” for “6 percent”. See above.

Puspan. L. 106–313, § 110(a)(5), substituted “2.5 percent” for “3 percent” in two places. See above.

Subsecs. (t), (u). Puspan. L. 106–553 added subsecs. (t) and (u).

1999—Subsec. (q)(1)(A)(ii) to (iv). Puspan. L. 106–113, which directed amendment of section 286(q)(1)(A) of the Immigration and Nationality Act of 1953 by striking out cl. (ii), redesignating cl. (iii) as (ii), striking out “, until September 30, 2000,” after “submit on a quarterly basis” in cl. (iv), and redesignating cl. (iv) as (iii), was executed by making the amendment to this section, which is section 286 of the Immigration and Nationality Act, to reflect the probable intent of Congress. Prior to amendment, cl. (ii) read as follows: “The program authorized in this subparagraph shall terminate on September 30, 2000, unless further authorized by an Act of Congress.”

1998—Subsec. (e)(1)(C). Puspan. L. 105–277, § 101(span) [title I, § 114], inserted “State,” before “territory”.

Subsec. (s). Puspan. L. 105–277, § 414(span), added subsec. (s).

1997—Subsec. (r)(2). Puspan. L. 105–119, § 110(2)(A), inserted “, and amount described in section 1255(i)(3)(span) of this title” after “recovered by the Department of Justice”.

Subsec. (r)(3). Puspan. L. 105–119, § 110(2)(B), substituted “Attorney General” for “Immigration and Naturalization Service” in introductory provisions.

Subsec. (r)(4). Puspan. L. 105–119, § 110(2)(C), added par. (4) and struck out former par. (4) which read as follows: “The amount required to be refunded from the Fund for fiscal year 1994 and thereafter shall be refunded in accordance with estimates made in the budget request of the Attorney General for those fiscal years: Provided, That any proposed changes in the amounts designated in said budget requests shall only be made after notification to the Committees on Appropriations of the House of Representatives and the Senate in accordance with section 606 of Public Law 102–395.”

Subsec. (s). Puspan. L. 105–119, § 110(1), struck out span and text of subsec. (s) which established Immigration Detention Account in general fund of the Treasury to be drawn upon to refund to any appropriation amounts paid out for expenses incurred by Attorney General for detention of aliens.

1996—Subsec. (a). Puspan. L. 104–208, § 308(g)(1), substituted “section 1223(span)” for “section 1228(span)”.

Subsec. (h)(1)(A). Puspan. L. 104–208, § 671(e)(5), inserted period after “expended”.

Subsec. (h)(1)(B). Puspan. L. 104–208, § 382(span), substituted “1253(c), 1321,” for “1321”.

Subsec. (h)(2)(A). Puspan. L. 104–208, § 124(a)(1)(B), inserted concluding provisions “The Attorney General shall provide for expenditures for training and assistance described in clause (iv) in an amount, for any fiscal year, not less than 5 percent of the total of the expenses incurred that are described in the previous sentence.”

Subsec. (h)(2)(A)(iv). Puspan. L. 104–208, § 671(e)(6)(A), struck out “and” at end.

Puspan. L. 104–208, § 124(a)(1)(A), inserted “, including training of, and technical assistance to, commercial airline personnel regarding such detection” after “United States”.

Subsec. (h)(2)(A)(v). Puspan. L. 104–208, § 671(e)(6)(B)–(E), struck out colon after “services for”, substituted “and for any alien” for “; and any alien”, adjusted margins, and substituted “entry; and” for “entry.” at end.

Puspan. L. 104–208, § 308(e)(1)(L), substituted “removal” for “deportation”.

Puspan. L. 104–208, § 308(d)(3)(A), substituted “inadmissible” for “excludable” in two places.

Subsec. (h)(2)(A)(vi). Puspan. L. 104–208, § 671(e)(6)(B)–(D), struck out colon after “ports-of-entry for”, substituted “and for any alien” for “; and any alien”, and adjusted margins.

Puspan. L. 104–208, § 308(d)(4)(K), substituted “removal” for “exclusion” in two places.

Puspan. L. 104–208, § 308(d)(3)(A), substituted “inadmissible” for “excludable” in two places.

Subsec. (q)(1). Puspan. L. 104–208, § 122(a)(1), added par. (1) and struck out span and text of former par. (1). Text read as follows: “Notwithstanding any other provision of law, the Attorney General is authorized to establish, by regulation, a project under which a fee may be charged and collected for inspection services provided at one or more land border points of entry. Such project may include the establishment of commuter lanes to be made available to qualified United States citizens and aliens, as determined by the Attorney General.”

Subsec. (q)(5). Puspan. L. 104–208, § 122(a)(2), struck out par. (5) which read as follows:

“(5)(A) The program authorized in this subsection shall terminate on September 30, 1993, unless further authorized by an Act of Congress.

“(B) The provisions set forth in this subsection shall take effect 30 days after submission of a written plan by the Attorney General detailing the proposed implementation of the project specified in paragraph (1).

“(C) If implemented, the Attorney General shall prepare and submit on a quarterly basis, until September 30, 1993, a status report on the land border inspection project.”

Subsec. (r)(4), (6). Puspan. L. 104–208, § 671(span)(11), substituted “the Fund” for “Fund” wherever appearing.

Subsec. (s). Puspan. L. 104–208, § 376(span), added subsec. (s).

1994—Subsec. (r). Puspan. L. 103–416, § 219(t)(1), substituted “Fund” for “Account” in span.

Subsec. (r)(1). Puspan. L. 103–416, § 219(t)(2), substituted “(in this subsection referred to as the ‘Fund’)” for “(hereafter referred to as the Fund)”.

Subsec. (r)(2). Puspan. L. 103–416, § 219(t)(3), made technical amendment to reference to this chapter involving corresponding provision of original act.

Subsec. (r)(4). Puspan. L. 103–416, § 219(t)(4), struck out “the Breached Bond/Detention” before “Fund”.

Puspan. L. 103–416, § 219(t)(5), substituted “of Public Law 102–395” for “of this Act”.

Subsec. (r)(5). Puspan. L. 103–416, § 219(t)(6), substituted “Fund” for “account” after “condition of the”.

Subsec. (r)(6). Puspan. L. 103–416, § 219(t)(4), struck out “the Breached Bond/Detention” before “Fund” in two places.

1993—Subsec. (d). Puspan. L. 103–121 substituted “$6” for “$5”.

Subsec. (h)(2)(A)(v), (vi). Puspan. L. 103–121, which directed the amendment of subpar. (A) by “deleting subsection (v)” and adding new cls. (v) and (vi), was executed by adding cls. (v) and (vi) and striking out former cl. (v) which read as follows: “providing detention and deportation services for excludable aliens arriving on commercial aircraft and vessels.”, to reflect the probable intent of Congress.

1992—Subsec. (r). Puspan. L. 102–395 added subsec. (r).

1991—Subsec. (e)(1)(D). Puspan. L. 102–232, § 309(span)(12), made an amendment to reference to section 1101(span)(5) of this title involving corresponding provision of original act.

Subsec. (f)(3). Puspan. L. 102–232, § 309(a)(2)(B), made technical correction to directory language of Puspan. L. 101–515, § 210(a)(2). See 1990 Amendment note below.

Subsec. (h)(1)(A). Puspan. L. 102–232, § 309(a)(2)(A)(i), inserted a period after “available until expended”.

Subsec. (m). Puspan. L. 102–232, § 309(a)(2)(A)(ii), substituted “additional” for “additonal”.

Puspan. L. 102–232, § 309(a)(1)(A)(i)(I), made technical correction to directory language of Puspan. L. 100–459. See 1988 Amendment note below.

Subsec. (n). Puspan. L. 102–232, § 309(a)(1)(B), amended directory language of Puspan. L. 101–162. See 1989 Amendment note below.

Puspan. L. 102–232, § 309(a)(1)(A)(i)(I), made technical correction to directory language of Puspan. L. 100–459. See 1988 Amendment note below.

Subsec. (o). Puspan. L. 102–232, § 309(a)(1)(A)(i)(II), substituted “shall” for “will”.

Puspan. L. 102–232, § 309(a)(1)(A)(i)(I), made technical correction to directory language of Puspan. L. 100–459. See 1988 Amendment note below.

Subsec. (p). Puspan. L. 102–232, § 309(a)(1)(A)(i)(I), made technical correction to directory language of Puspan. L. 100–459. See 1988 Amendment note below.

Subsec. (q)(2). Puspan. L. 102–232, § 309(a)(2)(A)(iii), realigned margin.

Subsec. (q)(3)(A). Puspan. L. 102–232, § 309(a)(2)(A)(iii), (iv), inserted “the” after “The Secretary of” and realigned margin.

Subsec. (q)(5)(B). Puspan. L. 102–232, § 309(a)(2)(A)(v), substituted “paragraph (1)” for “subsection (q)(1)”.

1990—Subsec. (e)(1). Puspan. L. 101–515, § 210(a)(1), inserted “, other than aircraft passengers,” after “arrival of any passenger”.

Subsec. (f)(3). Puspan. L. 101–515, § 210(a)(2), as amended by Puspan. L. 102–232, § 309(a)(2)(B), inserted “, except the fourth quarter payment for fees collected from airline passengers shall be made on the date that is ten days before the end of the fiscal year, and the first quarter payment shall include any collections made in the preceding quarter that were not remitted with the previous payment” after “in which the fees are collected”.

Subsec. (g). Puspan. L. 101–515, § 210(a)(3), inserted “, within forty-five minutes of their presentation for inspection,” before “when needed and”.

Subsec. (h)(1)(A). Puspan. L. 101–515, § 210(a)(4), substituted “There is established in the general fund of the Treasury a separate account which shall be known as the ‘Immigration User Fee Account’. Notwithstanding any other section of this subchapter, there shall be deposited as offsetting receipts into the Immigration User Fee Account all fees collected under subsection (d) of this section, to remain available until expended” for “All of the fees collected under subsection (d) of this section shall be deposited in a separate account within the general fund of the Treasury of the United States, to remain available until expended. Such account shall be known as the ‘Immigration User Fee Account’.”

Subsec. (l). Puspan. L. 101–515, § 210(a)(5), added subsec. (l).

Subsec. (m). Puspan. L. 101–515, § 210(d)(1), (2), inserted “as offsetting receipts” after “shall be deposited” and inserted before period at end “: Provided further, That fees for providing adjudication and naturalization services may be set at a level that will ensure recovery of the full costs of providing all such services, including the costs of similar services provided without charge to asylum applicants or other immigrants. Such fees may also be set at a level that will recover any additonal [sic] costs associated with the administration of the fees collected”.

Subsec. (q). Puspan. L. 101–515, § 210(d)(3), added subsec. (q).

1989—Subsec. (n). Puspan. L. 101–162, as amended by Puspan. L. 102–232, § 309(a)(1)(B), struck out “in excess of $50,000,000” before “shall remain available” and struck out after first sentence “At least annually, deposits in the amount of $50,000,000 shall be transferred from the ‘Immigration Examinations Fee Account’ to the General Fund of the Treasury of the United States.”

1988—Subsec. (a). Puspan. L. 100–525, § 8(f), added Puspan. L. 99–653, § 7(d)(1). See 1986 Amendment note below.

Subsecs. (d) to (l). Puspan. L. 100–525, § 4(a)(2)(A), (d), amended Puspan. L. 99–500 and Puspan. L. 99–591. See 1986 Amendment note below.

Subsec. (f)(3). Puspan. L. 100–525, § 4(a)(1)(A), substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”, which for purposes of codification was translated as “title 26” thus requiring no change in text.

Subsec. (g). Puspan. L. 100–525, § 4(a)(1)(B), substituted “section 1353span of this title” for “section 1353(a) of this title”.

Subsec. (h)(1)(A). Puspan. L. 100–525, § 4(a)(1)(C)(i), amended that portion of the first sentence of subpar. (A) following “Treasury of the United States” so as to read “, to remain available until expended”. See 1987 Amendment note below.

Puspan. L. 100–525, § 4(a)(1)(C)(ii), substituted “Fee Account’.” for “Fee Account.’ ”

Subsec. (h)(1)(B). Puspan. L. 100–525, § 4(a)(1)(C)(iii)–(v), substituted “civil fines or penalties” for “fines, penalties, liquidated damages or expenses”, inserted “and all liquidated damages and expenses collected pursuant to this chapter” after “this title”, and struck out quotation marks before and after the term “Immigration User Fee Account”.

Subsec. (h)(2)(A). Puspan. L. 100–525, § 4(a)(1)(C)(vi), substituted “vessels and in—” for “vessels and:” in introductory provisions and inserted “and” at end of cl. (iv).

Subsec. (i). Puspan. L. 100–525, § 4(a)(1)(D), inserted “Reimbursement” as span.

Subsec. (l). Puspan. L. 100–525, § 4(a)(1)(E), struck out subsec. (l) which read as follows:

“(1) The provisions of this section and the amendments made by this section, shall apply with respect to immigration inspection services rendered after November 30, 1986.

“(2) Fees may be charged under subsection (d) of this section only with respect to immigration inspection services rendered in regard to arriving passengers using transportation for which documents or tickets were issued after November 30, 1986.”

Subsecs. (m) to (p). Puspan. L. 100–459, as amended by Puspan. L. 102–232, § 309(a)(1)(A)(i)(I), added subsecs. (m) to (p).

1987—Subsec. (h)(1)(A). Puspan. L. 100–71, directed the general amendment of first sentence of section 205(h)(1)(A) of the Departments of Commerce, Justice, and State, and the Judiciary and Related Agencies Appropriations Act, 1987, in Puspan. L. 99–500 and Puspan. L. 99–591. Section 205 of such act does not contain a subsec. (h)(1)(A) but did enact subsec. (h)(1)(A) of this section and had such amendment been executed to first sentence of subsec. (h)(1)(A) of this section it would have resulted in inserting “, to remain available until expended” after “Treasury of the United States”. See 1988 Amendment note above.

1986—Subsec. (a). Puspan. L. 99–653, § 7(d)(1), as added by Puspan. L. 100–525, § 8(f), substituted “section 1228(span) of this title” for “section 1228(c) of this title”.

Subsecs. (d) to (l). Puspan. L. 99–500, § 101(span) [title II, § 205(a), formerly § 205], as redesignated by Puspan. L. 100–525, § 4(a)(2)(A), added subsecs. (d) to (l).

Puspan. L. 99–591, § 101(span) [title II, § 205], a corrected version of Puspan. L. 99–500, § 101(span) [title II, § 205(a)], was repealed by Puspan. L. 100–525, § 4(d), effective as of Oct. 30, 1986.

1981—Subsecs. (span), (c). Puspan. L. 97–116 added subsec. (span), redesignated former subsec. (span) as (c), and inserted “and subsection (span)” after “subsection (a)”.

Statutory Notes and Related Subsidiaries

Effective Date of 2009 Amendment

Puspan. L. 111–117, div. D, title V, § 524(span), Dec. 16, 2009, 123 Stat. 3284, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [Dec. 16, 2009].”

Effective and Termination Dates of 2005 Amendment

Amendment by section 403(span) of Puspan. L. 109–13 effective 14 days after May 11, 2005, and applicable to filings for a fiscal year after fiscal year 2005, see section 403(c) of Puspan. L. 109–13, set out as a note under section 1184 of this title.

Effective Date of 2004 Amendment

Amendment by section 426(span) of Puspan. L. 108–447 effective Dec. 8, 2004, and the fees imposed under such amendment applicable to petitions under section 1184(c) of this title, and applications for nonimmigrant visas under section 1202 of this title, filed on or after the date that is 90 days after Dec. 8, 2004, see section 426(c) of Puspan. L. 108–447, set out as a note under section 1184 of this title.

Effective and Termination Dates of 2003 Amendment

Amendment by Puspan. L. 108–77 effective on the date the United States-Chile Free Trade Agreement enters into force (Jan. 1, 2004), and ceases to be effective on the date the Agreement ceases to be in force, see section 107 of Puspan. L. 108–77, set out in a note under section 3805 of Title 19, Customs Duties.

Effective Date of 2002 Amendment

Amendment by Puspan. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Puspan. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.

Effective Date of 1996 Amendment

Puspan. L. 104–208, div. C, title I, § 124(a)(2), Sept. 30, 1996, 110 Stat. 3009–562, provided that: “The amendments made by paragraph (1) [amending this section] shall apply to expenses incurred during or after fiscal year 1997.”

Amendment by section 308(d)(3)(A), (4)(K), (e)(1)(L), (g)(1) of Puspan. L. 104–208 effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996, see section 309 of Puspan. L. 104–208, set out as a note under section 1101 of this title.

Amendment by section 376(span) of Puspan. L. 104–208 applicable to applications made on or after the end of the 90-day period beginning Sept. 30, 1996, see section 376(c) of Puspan. L. 104–208, set out as a note under section 1255 of this title.

Amendment by section 382(span) of Puspan. L. 104–208 applicable to fines and penalties collected on or after Sept. 30, 1996, see section 382(c) of Puspan. L. 104–208, set out as a note under section 1330 of this title.

Amendment by section 671(span)(11) of Puspan. L. 104–208 effective as if included in the enactment of the Immigration and Nationality Technical Corrections Act of 1994, Puspan. L. 103–416, see section 671(span)(14) of Puspan. L. 104–208, set out as a note under section 1101 of this title.

Effective Date of 1994 Amendment

Puspan. L. 103–416, title II, § 219(t), Oct. 25, 1994, 108 Stat. 4317, provided that the amendment made by that section is effective as if included in the enactment of Puspan. L. 102–395.

Effective Date of 1991 Amendment

Puspan. L. 102–232, title III, § 309(a)(3), Dec. 12, 1991, 105 Stat. 1758, as amended by Puspan. L. 103–416, title II, § 219(z)(6), Oct. 25, 1994, 108 Stat. 4318, provided that: “The amendments made by paragraphs (1)(A) [amending this section and section 1455 of this title] and (1)(B) [amending this section] shall be effective as if they were included in the enactment of the Department of Justice Appropriations Act, 1989 [Puspan. L. 100–459, title II] and the Department of Justice Appropriations Act, 1990 [Puspan. L. 101–162, title II], respectively.”

Effective Date of 1990 Amendment

Puspan. L. 101–515, title II, § 210(span), Nov. 5, 1990, 104 Stat. 2120, provided that: “The amendment made by subsection (a)(1) of this section [amending this section] shall apply to fees charged only with respect to immigration inspection or preinspection services rendered in regard to arriving passengers using transportation for which documents or tickets were issued after November 30, 1990.”

Effective Date of 1988 Amendment

Amendment by section 4(a)(1), (2)(A) of Puspan. L. 100–525 effective as if included in enactment of Department of Justice Appropriation Act, 1987 (as contained in section 101(span) of Puspan. L. 99–500), see section 4(c) of Puspan. L. 100–525, set out as a note under section 1222 of this title.

Amendment by section 8(f) of Puspan. L. 100–525 effective as if included in the enactment of the Immigration and Nationality Act Amendments of 1986, Puspan. L. 99–653, see section 309(span)(15) of Puspan. L. 102–232, set out as an Effective and Termination Dates of 1988 Amendments note under section 1101 of this title.

Effective Date of 1986 Amendments

Amendment by section 7(d)(1) of Puspan. L. 99–653 applicable to visas issued, and admissions occurring, on or after Nov. 14, 1986, see section 23(a) of Puspan. L. 99–653, set out as a note under section 1101 of this title.

Puspan. L. 99–500, § 101(span) [title II, § 205(span)], as added by Puspan. L. 100–525, § 4(a)(2)(B), Oct. 24, 1988, 102 Stat. 2615, provided that:

“(1) The amendments made by subsection (a) [amending this section] shall apply with respect to immigration inspection services rendered after November 30, 1986.

“(2) Fees may be charged under section 286(d) of the Immigration and Nationality Act [8 U.S.C. 1356(d)] only with respect to immigration inspection services rendered in regard to arriving passengers using transportation for which documents or tickets were issued after November 30, 1986.”

Effective Date of 1981 Amendment

Amendment by Puspan. L. 97–116 effective Dec. 29, 1981, see section 21(a) of Puspan. L. 97–116, set out as a note under section 1101 of this title.

Abolition of Immigration and Naturalization Service and Transfer of Functions

For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.

Termination of Advisory Committees

Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 1013 of Title 5, Government Organization and Employees.

Expansion to New Benefit Requests

Puspan. L. 116–159, div. D, title I, § 4102(span), Oct. 1, 2020, 134 Stat. 740, provided that:

“(1)In general.—Notwithstanding the requirement to set a fee by regulation under section 286(u)(3)(B) of the Immigration and Nationality Act (8 U.S.C. 1356(u)(3)(B)), as amended by subsection (a), the Secretary of Homeland Security may set a fee under that section without regard to the provisions of section 553 of title 5, United States Code, if such fee is consistent with the following:

“(A) For a petition for classification under section 203(span)(1)(C) of the Immigration and Nationality Act (8 U.S.C. 1153(span)(1)(C)), or a petition for classification under section 203(span)(2) involving a waiver under section 203(span)(2)(B) of such Act, the fee is set at an amount not greater than $2,500 and the required processing timeframe is not greater than 45 days.

“(B) For an application under section 248 of the Immigration and Nationality Act (8 U.S.C. 1258) to change status to a classification described in subparagraph (F), (J), or (M) of section 101(a)(15) of such Act (8 U.S.C. 1101(a)(15)), the fee is set at an amount not greater than $1,750 and the required processing timeframe is not greater than 30 days.

“(C) For an application under section 248 of the Immigration and Nationality Act (8 U.S.C. 1258) to change status to be classified as a dependent of a nonimmigrant described in subparagraph (E), (H), (L), (O), (P), or (R) of section 101(a)(15) of such Act (8 U.S.C. 1101(a)(15)), or to extend such classification, the fee is set at an amount not greater than $1,750 and the required processing timeframe is not greater than 30 days.

“(D) For an application for employment authorization, the fee is set at an amount not greater than $1,500 and the required processing timeframe is not greater than 30 days.

“(2)Clarification.—The required processing timeframe for each of the applications and petitions described in paragraph (1) shall not commence until the date that all prerequisites for adjudication are received by the Secretary of Homeland Security.”

Other Benefit Requests

Puspan. L. 116–159, div. D, title I, § 4102(c), Oct. 1, 2020, 134 Stat. 740, provided that: “In implementing the amendments made by subsection (a) [amending this section], the Secretary of Homeland Security shall develop and implement processes to ensure that the availability of premium processing, or its expansion to additional immigration benefit requests, does not result in an increase in processing times for immigration benefit requests not designated for premium processing or an increase in regular processing of immigration benefit requests so designated.”

Restoration of Provision Regarding Fees to Cover the Full Costs of All Adjudication Services

Puspan. L. 108–7, div. L, § 107, Fespan. 20, 2003, 117 Stat. 532, provided in part: “That no court shall have jurisdiction over any cause or claim arising under the provisions of section 457 of the Homeland Security Act of 2002 (Public Law 107–296) [amending this section], this section [repealing section 457 of Puspan. L. 107–296], or any regulations promulgated thereunder.”

Reporting Requirement

Puspan. L. 105–277, div. C, title IV, § 414(e), as added by Puspan. L. 106–313, title I, § 110(c), Oct. 17, 2000, 114 Stat. 1256, provided that:

“The Secretary of Labor and the Director of the National Science Foundation shall—

“(1) track and monitor the performance of programs receiving H–1B Nonimmigrant Fee grant money; and

“(2) not later than one year after the date of enactment of this subsection [Oct. 17, 2000], submit a report to the Committees on the Judiciary of the House of Representatives and the Senate—[sic]

“(A) the tracking system to monitor the performance of programs receiving H–1B grant funding; and

“(B) the number of individuals who have completed training and have entered the high-skill workforce through these programs.”

Deposit of Receipts From Increased Charge for Immigrant Visas Caused by Processing Fingerprints

Puspan. L. 103–317, title V, Aug. 26, 1994, 108 Stat. 1760, provided in part: “That hereafter all receipts received from an increase in the charge for Immigrant Visas in effect on September 30, 1994, caused by processing an applicant’s fingerprints, shall be deposited in this account as an offsetting collection and shall remain available until expended.”

Extension of Land Border Fee Pilot Project

Puspan. L. 104–208, div. A, § 101(a) [title I], Sept. 30, 1996, 110 Stat. 3009, 3009–10, provided in part: “That the Land Border Fee Pilot Project scheduled to end September 30, 1996 [see subsec. (q) of this section], is extended to September 30, 1999, for projects on both the northern and southern borders of the United States, except that no pilot program may implement a universal land border crossing toll”.

Similar provisions were contained in the following prior appropriations act:

Puspan. L. 103–121, title I, Oct. 27, 1993, 107 Stat. 1161, as amended by Puspan. L. 103–317, title I, § 111, Aug. 26, 1994, 108 Stat. 1736, and repealed by Puspan. L. 104–208, div. C, title I, § 122(span), Sept. 30, 1996, 110 Stat. 3009–560.