$9,000 total bond. $10,000 total bond. 200 or more----. $10,000 plus $50 for each alien over 200. (2) Blanket bonds for importation of workers classified as nonimmigrants under section 101(a) (15) (H). The following schedule shall be employed by district directors when requiring employers or their agents or representatives to post bond as a condition to importing alien laborers into the United States from the British West Indies, the British Virgin Islands, or from Canada: Less than 500 workers__ 500 to 1,000 workers__ 1,000 or more workers__ $15 each. $10 each. $5 each. A bond shall not be posted for less than $500 or for more than $12,000 irrespective of the number of workers involved. Failure to comply with conditions of the bond will result in the employer's liability in the amount of $75 as liquidated damages for each alien involved. is (e) Breach of bond. A bond breached when there has been a substantial violation of the stipulated conditions. A final determination that a bond has been breached creates a claim in favor of the United States which may not be released or discharged by a Service officer. The district director having jurisdiction over the place where any immigration bond is retained shall finally determine whether a bond shall be declared breached or cancelled, and shall notify the obligors in writing on Form I-323 or Form I-391 of his decision. [31 F.R. 11713, Sept. 7, 1966, as amended at 32 F.R. 9622, July 4, 1967] § 103.7 Fees. (a) Remittances. Fees shall be submitted with any formal application or petition prescribed in this chapter and shall be in the amount prescribed by law or regulation. When any discretionary relief in exclusion or deportation proceedings is granted absent an application and fee therefor, the district director having jurisdiction over the place where the original proceeding was con ducted shall require the filing of the application and the payment of the fee. Every remittance shall be accepted subject to collection. A receipt issued by a Service officer for any such remittance shall not be binding if the remittance is found uncollectible. Fees in the form of postage stamps shall not be accepted. Remittances shall be made payable to the "Immigration and Naturalization Service, Department of Justice," except that in the case of applicants residing in the Virgin Islands of the United States, the remittances shall be made payable to the "Commissioner of Finance of the Virgin Islands," and, in the case of applicants residing in Guam, the remittances shall be made payable to the "Treasurer, Guam." (b) Additional fees—(1) Nonstatutory fees. In addition to the fees enumerated in sections 281 and 344 of the Act, the following fees and charges are prescribed: For set of monthly, semiannual, or 5.00 5.00 5.00 annual tables entitled "Passenger Travel Reports via Sea and Air”--- $2.00 For filing application for transfer of petition for naturalization under section 335 (1) of the Act----For filing an application for a U.S. Citizens Identification Card___ For filing application for Alien Registration Receipt Card (Form I-151), in lieu of one lost, mutilated or destroyed, or in a changed name______ For filing application for permission to reapply for excluded or deported aliens, aliens who have fallen into distress and have been removed, aliens who have been removed as alien enemies, or aliens who have been removed at Government expense in lieu of deportation___. 10.00 For filing application for certificate of citizenship under section 309 (c) --- 5.00 For filling application for passport or visa waiver prior to or at the time application is made for temporary admission to the United States.___1 10.00 For filing application for visa waiver when application is made for admission as a returning resident_‒‒‒‒‒‒‒1 10.00 For filing application for passport waiver prior to or at the time application is made for permanent admission For filing application for section 316 1 10.00 10.00 motion is filed by or on behalf of two 25.00 or more aliens and all such aliens are covered by one deicsion.) --- $10.00 For annual subscription for "Passenger Travel Reports via Sea and Air" For filing appeal from, or a motion to reopen or reconsider, a decision in an exclusion or deportation proceeding, except when a motion to reopen or reconsider is made concurrently with an application for stay of deportation under Part 243 of this chapter or concurrently with an application for temporary withholding of deportation under section 243 (h) of the Act, or concurrently with an application for suspension of deportation under section 244 of the Act, for adjustment of status under section 245 of the Act, or for creation of a record of lawful admission for permanent residence under section 249 of the Act. (The minimum fee of $25 shall be charged whenever an appeal or motion is filled by or on behalf of two or more aliens and all such aliens are covered by one decision.) For filing application for school apof proval, except in the case school or school system owned or operated as a public educational institution or system by the United States or a state or political subdivision thereof_--_ a 25.00 25.00 For filing application for discretionary relief under section 212(c) --. ---- 25.00 For filing application for discretionary relief under section 212(d)(3), except in an emergency case, or the granting of the application is in the interest of the United States Government For filing application for stay of deportation under Part 243 of this chapter 25.00 25.00 25.00 For filing application for adjustment of status under section 13 of the Act of September 11, 1957---For special statistical tabulations a charge will be made to cover the cost of the work involved. For filing application for temporary withholding of deportation under section 243 (h) of the Act-For filing application for waiver of the foreign residence requirement under section 212(e) of the Act---- 25.00 For filing application for waiver of grounds of excludability under section 212 (h) or (1) of the Act (only a single application and fee shall be required when the alien is applying simultaneously for a waiver under both those sections). 25.00 25.00 (2) 5 U.S.C. 552 fees. For the services expended in locating or making avail able records or copies thereof under 5 U.S.C. 552, the following user charges are deemed fair and equitable and shall be assessed against the person who requests that records be made available: (a) Each Form N-585 or Form I-550 shall be accompanied by payment of-- (This charge will be retained whether or not an identified record is located.) (b) For each one quarter man-hour or fraction thereof spent in excess of the first quarter hour in searching for or producing a requested record___ (c) For each one quarter hour or fraction thereof spent in monitoring the requester's examination of materials_ (d) For copies of documents: Per page--. Minimum fee (Maximum number of copies furnished of any document, 10.) (e) For each certification of a true copy $3.00 1.00 1.00 .25 .50 1.00 3.00 (f) For each attestation under seal__ Except as otherwise provided in § 3.3(b) of this chapter, any of the foregoing fees relating to applications, appeals, and motions may be waived in any case in which an alien or other party affected is unable to pay the prescribed fee if he files with the relating application, appeal, or motion his affidavit stating the nature thereof, his belief that he is entitled to redress, and his inability to pay the required fee, and shall request permission to prosecute the application, appeal, or motion without prepayment of such fee. When such an affidavit is filed with the officer of the Service having jurisdiction to render a decision on the application, appeal, or motion, such officer may, in his discretion, authorize the prosecution of the relating application, appeal, or motion without prepayment of fee. [23 F.R. 9121, Nov. 26, 1958, as amended at 26 F.R. 12111, Dec. 19, 1961; 27 F.R. 2681, Mar. 22, 1962; 27 F.R. 6748, July 17, 1962; 28 F.R. 209, Jan. 9, 1963; 28 F.R. 2268, Mar. 8, 1963; 28 F.R. 10451, Sept. 27, 1963; 29 F.R. 6275, May 13, 1964; 30 F.R. 918, Jan. 29, 1965; 30 F.R. 1030, Feb. 2, 1965; 30 F.R. 13682, Nov. 2, 1965; 30 F.R. 13936, Nov. 4, 1965; 30 F.R. 14772, Nov. 30, 1965; 32 F.R. 9623, July 4, 1967; 32 F.R. 10433, July 15, 1967; 32 F.R. 13755, Oct. 3, 1967] § 103.8 Definitions pertaining to availability of information. As used in this part the following definitions shall apply: (a) The term "decision” means a final written determination in a proceeding under the Act accompanied by a statement of reasons. Orders made by check marks, stamps, or brief endorsements which are not supported by a reasoned explanation, or those incorporating preprinted language on Service forms are not "decisions". (b) The term "records" includes records of proceedings, documents, reports, and other papers maintained by the Service. (c) The term "record of proceeding" is the official history of any hearing, examination, or proceeding before the Service, and in addition to the application, petition, order to show cause, or other initiating document, includes the transcript of hearing or interview, exhibits, and any other evidence relied upon in the adjudication; papers filed in connection with the proceeding, including motions and briefs; the Service officer's determination; notice of appeal or certification; the Board or other appellate determination; motions to reconsider or reopen; and documents submitted in support of appeals, certifications, or motions. [32 F.R. 9623, July 4, 1967] § 103.9 Availability of decisions and interpretive material. (a) Precedent decisions. There may be purchased from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402, bound volumes of designated precedent decisions entitled "Administrative Decisions Under Immigration and Nationality Laws of the United States," each containing a cumulative index. Prior to publication in volume form current precedent decisions, known as interim decisions, are obtainable from the Superintendent of Documents on a single copy or yearly subscription basis. Bound volumes and current precedent decisions may be read at principal Service offices. (b) Unpublished decisions. Each district director in the United States will maintain copies of unpublished Service and Board decisions relating to proceedings in which the initial decision was made in his district. Each regional commissioner will maintain copies of unpublished decisions made by him. The Central Office will maintain copies on a national basis of unpublished Service decisions. (c) Deletion of identifying details. To the extent required to prevent a clearly unwarranted invasion of personal privacy, the officer who makes the decision shall provide for deletions of names and such other identifying data as he deems appropriate from copies of decisions which are made available. (d) Statements of policy, interpretations, manuals, instructions to staff. Statements of policy, interpretations, and those manuals and instructions to staff (or portions thereof), affecting the public, will be made available at district offices in the United States and at the Central Office with an accompanying index of any material which is issued on or after July 4, 1967. (e) Public reading rooms. The Central Office and each district office in the United States will provide a reading room or reading area where the material described in this section will be made available to the public. Additional materials will be made available in the public reading rooms, including the immigration and nationality laws, Title 8 of the United States Code Annotated, Title 8 of the Code of Federal Regulations, and a complete set of the forms listed in Parts 299 and 499 of this chapter. Fees will not be charged for providing access to any of these materials, but fees in accordance with § 103.7(b) will be charged for furnishing copies. [32 F.R. 9623, July 4, 1967] 103.10 Records. (a) Availability of records generally. A request for a record will be submitted in accordance with paragraphs (c) and (d) of this section on Form N-585. The form concerning such a request will be forwarded by the office receiving it to the Commissioner for transmission to the Deputy Attorney General pursuant to 28 CFR 16.6(b). When the requested record is identified and located a copy thereof will be forwarded with the form and with the recommendation of the receiving office. When the requested record cannot be identified or located, a brief summary of the action taken to identify and locate it and a copy of the application form shall be submitted in the same manner to the Deputy Attorney General. (b) Requests which may be approved by Service officers. Notwithstanding the provisions of paragraph (a) of this section, the following types of requests for information and records may be granted by the head of the office to which the request is submitted and without submission to the Deputy Attorney General: (1) Requests for information and records which officers and employees of the Service prior to the enactment of 5 U.S.C. 552 customarily furnished to the public in the regular performance of their duties; (2) Requests for records of proceedings in deportation hearings, unless members of the public have been excluded from the hearing by direction of the special inquiry officer pursuant to § 242.16 (a) of this chapter; (3) Requests for records of proceedings in naturalization examinations and hearings; (4) Requests for records of proceedings in any other proceeding before the Service which was open to the public; (5) Requests for records of proceedings in administrative fine cases. When in the opinion of the receiving office such a request for a record should not be granted the request will be processed in conformity with paragraph (a) of this section. (c) Places and manner of obtaining records-(1) Places. Records shall be made available in the Central Office, each regional office, any district office, and the following offices: Agana, Guam; Albany, N.Y.; Cincinnati, Ohio; Dallas, Tex.; Hammond, Ind.; Houston, Tex.; Memphis, Tenn.; Milwaukee, Wis.; Norfolk, Va.; Pittsburgh, Pa.; Providence, R.I.; Reno, Nev.; St. Louis, Mo.; Salt Lake City, Utah; San Diego, Calif.; Spokane, Wash.; additionally, in particular cases, a district director may designate any other Service office. Requests for Board records described in 28 CFR 16.6 shall be submitted to the Associate Commissioner, Management. (2) Manner of requesting records; fees. Requests for records may be made in person or by mail. Each request made under this section pertaining to the availability of a record shall include or consist of Form N-585, or Form I-550 when submitted in accordance with a request by an American consul, shall be accompanied by a fee of $3 as provided in § 103.7(b), and shall describe the record with sufficient specificity with respect to names, dates, subject matter, and location to permit it to be identified and located. A fee shall not be required when the request is made by Federal or State Government agencies, including political subdivisions and municipalities. A single fee shall be charged for a request for a search relating to one indi vidual even though information concerning him is in more than one record and in more than one place. (3) Temporary withholding of records. Records relating to matters pending before the Service may be withheld when in the opinion of the district director compliance with the request will disrupt the administrative process. Nothing contained herein is intended to impair the right of a party to a proceeding, or his attorney or representative, to examine the record of proceeding and obtain a copy thereof, as provided in § 292.4(b) of this chapter. (d) Authority to release information and certify records; fees for copies and certification. (1) Subject to the authority reserved to the Attorney General under 28 CFR 16.6 and 16.7 and subject to such restrictions as may be imposed by law or this chapter, authority coextensive with that of the Commissioner is hereby delegated to the officers listed below to furnish information from Service records to any person entitled thereto and to certify copies thereof; (i) The Associate Commissioner, Management, as to files, documents, and records in the custody of the Central Office. (ii) A regional commissioner or district director as to files, documents, and records in the custody of his office. (2) The Chief, Records Administration and Information Branch, Central Office, may certify as to the nonexistence of an official record in the records of the Service. [32 F.R. 9623, July 4, 1967; 32 F.R. 10433, July 15, 1967, as amended at 32 F.R. 11628, Aug. 11, 1967] (a) Relative. A petition to accord preference classification under section 203 (a) (1), (2), (4), or (5) of the Act or classification as an immediate relative under section 201(b) of the Act, other than a child as defined in section 101(b) (1) (F) of the Act, shall be filed on a separate Form I-130 for each beneficiary and shall be accompanied by a fee of $10. The petition shall be filed in the office of the Service having jurisdiction over the place where the petitioner is residing in the United States. When the petitioner resides outside of the United States, the petition shall be filed with the foreign office of the Service designated to act on the petition which can be ascertained by consulting the nearest American consul. The following American consular officers are also authorized to approve any petition on Form I-130 when the petitioner and the beneficiary are physically present in the area over which the consular officers have jurisdiction: American consular officers assigned to visa-issuing posts in South America (except Venezuela), areas of Asia lying to the east of the western borders of Afghanistan and Pakistan (but not including Hong Kong and adjacent islands, Taiwan, Japan, Okinawa, Korea, and the Philippines), Australia, New Zealand, and Africa (excluding posts in the United Arab Republic, the Mediterranean islands, and Portuguese island possessions); while such consular officers are authorized to approve such petitions, they shall refer any petition which is not clearly approvable to the appropriate Service office outside the United States for decision. The petitioner shall be notified of the decision and, if the petition is denied, of the reasons therefor and of his right to appeal to the Board within 15 days after mailing of the notification of the decision in accordance with the provisions of Part 3 of this chapter. Without the approval of a separate petition in his behalf, an alien spouse or a child defined in section 101(b) (1), (A), (B), (C), (D), or (E) of the Act, may be accorded the same preference classification under section 203 (a) as his spouse or parent whom he is accompanying or following to join, if the immediate issuance of a visa or conditional entry is not otherwise available under the provisions of section 203 (a) (1) through (8) of the Act. However, the alien spouse or child of an alien parent who has been classified as an immediate relative is not within the purview of section 203 (a) (9) of the Act and may not be accorded derivative immediate relative status. No alien may be classified as an immediate relative unless he himself is entitled to such status and is the beneficiary of an approved visa petition according him such classification. (b) Orphan. A petition in behalf of a child defined in section 101(b) (1) (F) of the Act shall be filed by the U.S. citizen spouse in the office of the Service having jurisdiction over the place where the petitioner is residing on Form I-600, shall identify the child, and shall be accompanied by a fee of $10. The petition shall also be accompanied by Form G-325 (Biographic Information) executed by the petitioner and by a separate Form G-325 executed by the petitioner's spouse, which shall be considered as part of the petition. When the petitioner resides outside of the United States, the petition shall be filed with the foreign office of the Service designated to act on the petition which can be ascertained by consulting the nearest American consul. The petitioner shall be notified of the decision and, if the petition is denied, of the reasons therefor and of the right to appeal in accordance with the provisions of Part 103 of this chapter. If the petitioner or spouse intends to proceed abroad to locate an orphan for adoption, a request in writing may be submitted to the district director in whose jurisdiction the petitioner resides to initiate preliminary processing prior to filing a petition. (c) Member of the professions or an alien of execeptional ability in the sciences or arts. A petition to classify the status of an allen under section 203 (a) (3) of the Act shall be filed on Form I-140 by such alien or by any person on his behalf. A separate Form I-140 executed under oath or affirmation and accompanied by Form ES-575A and a fee of $10 must be submitted for each beneficiary before the petition may be accepted by the Service and considered properly filed. The petition shall be filed in the office of the Service having jurisdiction over the place in the United States where the alien intends to reside. An alien abroad who desires to submit a petition in his own behalf must execute the oath or affirmation on the petition before a Service or consular officer abroad. That officer will |