Guest Column
Act on Usurious Fees
- Act on Usurious Fees
USCIS recently announced its proposal for a massive fee increase.
Immigration Daily
USCIS cites IBIS checks and fraud detection among the activities leading to increased fees. While the USCIS has authority to increase fees in relation to services rendered, we wonder whether the USCIS can charge security-related costs to immigrant applicants seeking benefits. These activities should be located within the enforcement arms of DHS (CBP, ICE), along with their attendant costs. Omitting enforcement fees in this way will substantially reduce the proposed USCIS fee increase.
USCIS is a benefits delivery organization that serves two distinct customers (employment vs. family). Services such as premium-processing which places efficiency up for sale have overwhelmingly been taken advantage of by businesses. Businesses can absorb increased fees and pass on these costs to their clients. Individuals (who overwhelmingly file family petitions) do not have alternatives to filing their application fees or the luxury of passing on increased fees. Moreover, employers through coalition groups and advocacy organizations have the financial wherewithal to voice their political views on Capitol Hill and effect change. Individuals who generally file family-based applications, on the other hand, do not have the ability to mobilize in large numbers. These individuals do not have the political clout or any available recourse if immigration services are not rendered or are shabbily rendered. The USCIS must acknowledge that their fee structure cannot be equally applied to both employment-based and family-based applications since they are indeed distinct customer bases, and as such require tailored solutions.
Immigration overwhelmingly benefits our country. Imposing administrative fees entirely on the shoulders of immigrants sends a conflicted message. Immigration Daily has long maintained that user fees should be abolished entirely. The proposed rule suggests exempting T nonimmigrant status and VAWA status applicants from paying certain fees. Such exemptions should be greatly broadened, and should include exemptions for financial hardship. Doing anything different will mean that the rich folks will get their green cards but the poor families won't.
The power lies with Congress to correct this injustice. Congress should perhaps consider eliminating fees altogether or in part and appropriating the rest. An important advantage of this would be that DHS would be more responsive to Congressional offices.
We urge all readers affected by usurious fees to submit their comments to USCIS.
http://www.ilw.com/immigdaily/news/2007,0202-fees.shtm
We welcome readers to share their opinion and ideas with us by writing to mailto:editor@ilw.com.
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