§1356. Disposition of moneys collected under the provisions of this subchapter — Inbound Citations
8 U.S.C. § 1356
Cited by 38 provisions in release 119-102.
Citations to 8 U.S.C. § 1356 as a whole
-
(d) No fee may be transferred between the Bureau of Citizenship and Immigration Services and the Bureau of Border Security for purposes not authorized by section 1356 of title 8.
-
(A) The portion of each application fee (not to exceed $200) that the Attorney General determines is required to process an application under this section and is remitted to the Attorney General pursuant to paragraphs (1) and (2) of this subsection shall be disposed of by the Attorney General as provided in subsections (m), (n), and (o) of section 1356 of this title.
-
Using funds provided for operation and maintenance and notwithstanding section 2215 of this title, the Secretary of Defense may reimburse the Secretary of Homeland Security for costs associated with the processing and adjudication by the United States Citizenship and Immigration Services (USCIS) of applications for naturalization described in sections 328(b)(4) and 329(b)(4) of the Immigration and Nationality Act (8 U.S.C. 1439(b)(4) and 1440(b)(4)). Such reimbursements shall be deposited and remain available as provided by subsections (m) and (n) of section 286 of such Act (8 U.S.C. 1356). Such reimbursements shall be based on actual costs incurred by USCIS for processing applications for naturalization, and shall not exceed $7,500,000 per fiscal year.
Citations to §1356(g)
-
The Immigration and Naturalization Service shall staff ports of entry at such levels that would be adequate to meet traffic flow and inspection time objectives efficiently without compromising the safety and security of the United States. Estimated staffing levels under workforce models for the Immigration and Naturalization Service shall be based on the goal of providing immigration services described in section 1356(g) of this title within 45 minutes of a passenger’s presentation for inspection.
-
(1) Notwithstanding section 58c(e) of this title and section 1356(g) of title 8, any cost sharing agreement with an airport authority authorized under subsection (a) may provide for the airport authority’s payment to U.S. Customs and Border Protection of its initial preclearance operations costs.
Citations to §1356(h)
-
(B) In addition to any other fee authorized by law, the Secretary of Homeland Security is authorized to charge and collect, on a periodic basis, an amount from each domestic corporation conducting operations under part 91 of title 14, Code of Federal Regulations, for nonimmigrant visa waiver admissions on noncommercial aircraft owned or operated by such domestic corporation equal to the total amount of fees assessed for issuance of nonimmigrant visa waiver arrival/departure forms at land border ports of entry. All fees collected under this paragraph shall be deposited into the Immigration User Fee Account established under section 1356(h) of this title.
Citations to §1356(m)
-
(II) Beginning on October 1, 2022, the Secretary shall collect a fee of $1,000 for the Fund with each petition filed under section 1154(a)(1)(H) of this title for classification under subparagraph (E). The fee under this subclause is in addition to the fee that the Secretary is authorized to establish and collect for each petition to recover the costs of adjudication and naturalization services under section 1356(m) of this title.
-
(3) The Attorney General shall impose fees for the consideration of an application for asylum, for employment authorization under this section, and for adjustment of status under section 1159(b) of this title. Nothing in this paragraph may be construed to limit the authority of the Attorney General to set additional adjudication and naturalization fees in accordance with section 1356(m) of this title.
-
(B) Any remaining portion of such fees remitted under such paragraphs shall be deposited by the Attorney General into the Breached Bond/Detention Fund established under section 1356(r) of this title, except that in the case of fees attributable to applications for a beneficiary with respect to whom a petition for classification, or an application for labor certification, described in paragraph (1)(B) was filed after January 14, 1998, one-half of such remaining portion shall be deposited by the Attorney General into the Immigration Examinations Fee Account established under section 1356(m) of this title.
-
(2) The fees collected under paragraph (1) shall be remitted by the alien pursuant to a schedule established by the Attorney General for immediate deposit and availability as described under section 1356(m) of this title.
-
(B) Fees collected under paragraph (1) shall be deposited as offsetting receipts into the Immigration Examinations Fee Account (established under section 1356(m) of this title) and shall remain available until expended for the Attorney General to reimburse any appropriation the amount paid out of which is for expenses in carrying out this section. Such expenses include, but are not necessarily limited to, those incurred by the Secretary of State in connection with the program under subsection (a).
-
(c) Except as provided by section 1356(q)(2) of this title or any other law, all fees collected by the Attorney General shall be deposited by the Attorney General in the Treasury of the United States except that all such fees collected or paid over on or after October 1, 1988, shall be deposited in the Immigration Examinations Fee Account established under section 1356(m) of this title: Provided, however, That all fees received by the Attorney General from applicants residing in the Virgin Islands of the United States, and in Guam, under this subchapter, shall be paid over to the treasury of the Virgin Islands and to the treasury of Guam, respectively.
-
(B) shall be deposited into the Immigration Examinations Fee Account established under section 1356(m) of this title; and
-
(ii) shall be deposited into the Immigration Examinations Fee Account established under section 1356(m) of this title; and
-
(B) shall be deposited into the Immigration Examinations Fee Account established under section 1356(m) of this title; and
-
(B) shall be deposited into the Immigration Examinations Fee Account established under section 1356(m) of this title; and
-
(B) shall be deposited into the Immigration Examinations Fee Account established under section 1356(m) of this title; and
-
(i) In addition to fees imposed pursuant to section 286(m) of the Immigration and Nationality Act (8 U.S.C. 1356(m)) to recover the full costs of adjudication services, the Secretary shall impose an annual supplemental fee of $200 per nonimmigrant worker on each prospective employer who is issued a permit under subsection (d)(3) during the transition program. A prospective employer that is issued a permit with a validity period of longer than 1 year shall pay the fee for each year of requested validity at the time the permit is requested.
Citations to §1356(n)
-
(i) shall be derived by transfer from the Immigration Examinations Fee Account under section 1356(n) of this title; and
-
(i) shall be derived by transfer from the Immigration Examinations Fee Account under section 1356(n) of this title; and
-
(i) shall be derived by transfer from the Immigration Examinations Fee Account under section 1356(n) of this title; and
-
(i) shall be derived by transfer from the Immigration Examinations Fee Account under section 1356(n) of this title; and
-
(i) shall be derived by transfer from the Immigration Examinations Fee Account under section 1356(n) of this title; and
-
(i) shall be derived by transfer from the Immigration Examinations Fee Account under section 1356(n) of this title; and
-
(i) shall be derived by transfer from the Immigration Examinations Fee Account under section 1356(n) of this title; and
-
(i) shall be derived by transfer from the Immigration Examinations Fee Account under section 1356(n) of this title; and
-
(i) shall be derived by transfer from the Immigration Examinations Fee Account under section 1356(n) of this title; and
-
(i) shall be derived by transfer from the Immigration Examinations Fee Account under section 1356(n) of this title; and
Citations to §1356(q)(2)
-
(c) Except as provided by section 1356(q)(2) of this title or any other law, all fees collected by the Attorney General shall be deposited by the Attorney General in the Treasury of the United States except that all such fees collected or paid over on or after October 1, 1988, shall be deposited in the Immigration Examinations Fee Account established under section 1356(m) of this title: Provided, however, That all fees received by the Attorney General from applicants residing in the Virgin Islands of the United States, and in Guam, under this subchapter, shall be paid over to the treasury of the Virgin Islands and to the treasury of Guam, respectively.
-
(A) shall be deposited into the Land Border Inspection Fee Account in accordance with section 1356(q)(2) of this title; and
Citations to §1356(r)
-
(B) Any remaining portion of such fees remitted under such paragraphs shall be deposited by the Attorney General into the Breached Bond/Detention Fund established under section 1356(r) of this title, except that in the case of fees attributable to applications for a beneficiary with respect to whom a petition for classification, or an application for labor certification, described in paragraph (1)(B) was filed after January 14, 1998, one-half of such remaining portion shall be deposited by the Attorney General into the Immigration Examinations Fee Account established under section 1356(m) of this title.
Citations to §1356(s)
-
(C) Fees collected under this paragraph shall be deposited in the Treasury in accordance with section 1356(s) of this title.
-
(C) Fees collected under this paragraph shall be deposited in the Treasury in accordance with section 1356(s) of this title.
Citations to §1356(s)(2)
-
(1) The Secretary of Labor shall use funds available under section 1356(s)(2) of title 8 to award grants to eligible entities to provide job training and related activities for workers to assist them in obtaining or upgrading employment in industries and economic sectors identified pursuant to paragraph (4) that are projected to experience significant growth and ensure that job training and related activities funded by such grants are coordinated with the public workforce investment system.
Citations to §1356(s)(3)
-
(4) The Director shall carry out this section only with funds made available under section 1356(s)(3) of title 8. The Director may use no more than 50 percent of such funds for undergraduate programs for curriculum development, professional and workforce development, and to advance technological education. Funds for these other programs may be used for purposes other than scholarships.
Citations to §1356(v)
-
(E) Fees collected under this paragraph shall be deposited in the Treasury in accordance with section 1356(v) of this title.
Citations to §1356(v)(2)(B)
-
(II) shall deposit and use the fees collected under subclause (I) for the sole purpose of preventing and detecting immigration benefit fraud in the Northern Mariana Islands, in accordance with section 286(v)(2)(B) of the Immigration and Nationality Act (8 U.S.C. 1356(v)(2)(B)).
Citations to §1356(v)(2)(D)
-
(2) the expenditures by the Secretary of Labor described in section 1356(v)(2)(D) of this title.