Beginning February 27, 2003, a final rule in the Federal Register reinstates the surcharge added to immigration benefit application fees. This fee is used to support asylum and refugee services and the agency’s fee waiver program.

On January 24, 2003, INS published an ‘interim rule’ that eliminated the surcharge. The Service was required to take that action under provisions of section 457 of the Homeland Security Act of 2002, Public Law 107-296. The U.S. Congress has since repealed that section of the law.

Effective February 27, the immigration benefit application fee schedule returns to the levels that existed prior to January 24.

All applications and petitions filed with INS on or after February 27, 2003 must comply with the new fee schedule.

Applications and petitions not accompanied by the increased fee will be rejected with a request to submit the appropriate amount.

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