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Code · BILL · 114th Congress · S. 1501 (Introduced in Senate) — To promote and reform foreign capital investment and job creation in American communities. · Sec. 6

Sec. 6. Adjustment of fees to achieve efficient processing

406 words·~2 min read·/bill/114/s/1501/is/section-6

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Not later than 30 days after the date of the enactment of this Act, the Director of U.S. Citizenship and Immigration Service shall initiate a study of fees charged in the administration of the program described in section 203(b)(5)(E) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b)(5)(E) ). Notwithstanding section 286(m) of the Immigration and Nationality Act ( 8 U.S.C. 1356(m) ), and except as provided under subsection (c), the Director shall set fees for services provided pursuant to section 203(b)(5) of such Act at a level sufficient to ensure the full recovery only of the costs of providing such services, including the cost of ensuring that adjudication is completed, on average, not later than— 120 days after receiving a proposal for the establishment of a regional center described in section 203(b)(5)(E); 120 days after receiving an application for approval of investment in a commercial enterprise described in section 203(b)(5)(F); 150 days after receiving a petition from an alien desiring to be classified under section 203(b)(5)(E); and 180 days after receiving a petition from an alien for removal of conditions described in section 216A(c).
Additional fees in excess of the fee levels described in subsection
(b)may be charged only to contribute— in an amount that is equal to the amount paid by all other classes of fee-paying applicants for immigration related benefits, to the coverage or reduction of the costs of processing or adjudicating classes of immigration benefit applications that Congress or, in the case of asylum applications, the Secretary has authorized to be processed or adjudicated at no cost or at a reduced cost to the applicant; and in an amount that is not greater than 1 percent of the fee for filing a petition under section 203(b)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b)(5) ), to improvements to the information technological systems used by the Secretary to process, adjudicate, and archive applications and petitions under such section, including the conversion to electronic format of documents filed by petitioners and applicants for benefits under such section. Nothing in this section may be construed to require any modification of fees before the completion of— the fee study described in subsection (a); and regulations promulgated by the Secretary of Homeland Security, in accordance with subchapter II of chapter 5 and chapter 7 of title 5, United States Code (commonly known as the Administrative Procedures Act ), to carry out subsection (b).
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Sec. 6
Adjustment of fees to achieve efficient processing
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