Sec. 461. Determination and use of user fees
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/bill/113/hr/3163/ih/section-461·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Secretary shall establish and periodically adjust a schedule of fees for the employment of aliens pursuant to the amendment made by section 451(a) of this Act and a collection process for such fees from employers. Such fees shall be the only fees chargeable to employers for services provided under such amendment. The schedule under subsection
(a)shall reflect a fee rate based on the number of job opportunities indicated in the employer’s application under section 218 of the Immigration and Nationality Act , as amended by section 451 of this Act, and sufficient to provide for the direct costs of providing services related to an employer’s authorization to employ aliens pursuant to the amendment made by section 451(a) of this Act, to include the certification of eligible employers, the issuance of documentation, and the admission of eligible aliens. In establishing and adjusting such a schedule, the Secretary shall comply with Federal cost accounting and fee setting standards. The Secretary shall publish in the Federal Register an initial fee schedule and associated collection process and the cost data or estimates upon which such fee schedule is based, and any subsequent amendments thereto, pursuant to which public comment shall be sought and a final rule issued. Notwithstanding any other provision of law, all proceeds resulting from the payment of the fees pursuant to the amendment made by section 451(a) of this Act shall be available without further appropriation and shall remain available without fiscal year limitation to reimburse the Secretary, the Secretary of State, and the Secretary of Labor for the costs of carrying out— sections 218 and 218B of the Immigration and Nationality Act , as amended and added, respectively, by section 451 of this Act; and the provisions of this Act.