PART 103—IMMIGRATION BENEFIT REQUESTS; USCIS FILING REQUIREMENTS; BIOMETRIC REQUIREMENTS; AVAILABILITY OF RECORDS Authority: 5 U.S.C. 301, 552, 552a; 8 U.S.C. 1101, 1103, 1184, 1185 note, 1304, 1356, 1365b, 1372, 1801-1815; 31 U.S.C. 9701; 48 U.S.C. 1806; Pub. L. 107-296, 116 Stat. 2135 (6 U.S.C. 1 et seq. Source: 40 FR 44481, Sept. 26, 1975, unless otherwise noted. Subpart A—Applying for Benefits, Surety Bonds, Fees § 103.1 [Reserved] § 103.2 Submission and adjudication of benefit requests. (a) Filing Preparation and submission. (ii) A form filed with USCIS, as defined in 8 CFR 1.2, must be filed electronically, unless waived pursuant to paragraph (a)(1)(iii) of this section, where: (A) The form has been available for e-filing for more than 180 days; (B) USCIS has, in its discretion, mandated that the form be e-filed (either in general or in specified circumstances); and (C) USCIS has published 60 days of advance notice on https://www.uscis.gov (iii) USCIS, in its discretion, may waive mandatory e-filing. Benefit requestors may request a waiver of mandatory e-filing by submitting a Request for Waiver of E-Filing Requirement. (iv) Each form, benefit request, or other document must be filed with the fee(s) required by regulation. Except as otherwise provided in this chapter, fees must be paid when the request is filed or submitted. (v) Filing fees generally are non-refundable regardless of the outcome of the benefit request, or how much time the adjudication requires, and any decision to refund a fee is at the discretion of USCIS. (2) Signature. (3) Representation. (4) Oath. (5) Translation of name. (6) Where to file. (7) Benefit requests submitted. (ii) A benefit request which is rejected will not retain a filing date. A benefit request will be rejected if it is not: (A) Signed with valid signature. 1 ( 2 ( 3 (B) Executed; (C) Filed in compliance with the regulations governing the filing of the specific application, petition, form, or request; and (D) Submitted with the correct fee(s). Every form, benefit request, or other document that requires a fee payment must be submitted with the correct fee(s). ( 1 ( 2 ( 3 ( 4 (iii) A rejection of a filing with USCIS may not be appealed. (iv) Unless otherwise provided in this title, only one of the same benefit request as defined in 8 CFR 1.2 may be submitted at a time or while the same request is pending. If more than one materially identical requests are submitted, USCIS may reject one at its discretion. For purposes of this section, a motion to reopen or reconsider and an appeal that is filed on the same decision will be considered a duplicate request. (b) Evidence and processing Demonstrating eligibility. (2) Submitting secondary evidence and affidavits General. (ii) Demonstrating that a record is not available. (iii) Evidence provided with a self-petition filed by a spouse or child of abusive citizen or resident. (3) Translations. (4) Supporting documents. (5) Request for an original document. (6) Withdrawal. (7) Testimony. (8) Request for Evidence; Notice of Intent to Deny Evidence of eligibility or ineligibility. (ii) Initial evidence. (iii) Other evidence. (iv) Process. (9) Appearance for interview or biometrics. Federal Register (i) Appear before the scheduled date and time; (ii) For good cause, request that the biometric services appointment be rescheduled; or (iii) Withdraw the benefit request. (10) Effect of a request for initial or additional evidence for fingerprinting or interview rescheduling Effect on processing. (ii) Effect on interim benefits. (11) Responding to a request for evidence or notice of intent to deny. (12) Effect where evidence submitted in response to a request does not establish eligibility at the time of filing. (13) Effect of failure to respond to a request for evidence or a notice of intent to deny or to appear for interview or biometrics capture Failure to submit evidence or respond to a notice of intent to deny. (ii) Failure to appear for biometrics capture, interview or other required in-person process. (14) Effect of request for decision. (15) Effect of withdrawal or denial due to abandonment. (16) Inspection of evidence. (i) Derogatory information unknown to petitioner or applicant. (ii) Determination of statutory eligibility. (iii) Discretionary determination. (iv) Classified information. (17) Verifying claimed permanent resident status Department records. (ii) Assisting self-petitioners who are spousal-abuse victims. (18) Withholding adjudication. (19) Notification Unrepresented applicants or petitioners. (ii) Represented applicants or petitioners Notices. (B) Electronic notices. ( 1 ( 2 (C) Approval notices with attached Arrival-Departure Records. (iii) Secure identity documents. (B) The designated agent, or attorney or accredited representative, will be required to provide identification and sign for receipt of the secure document. (c)-(d) [Reserved] [29 FR 11956, Aug. 21, 1964] Editorial Note: For Federal Register www.govinfo.gov. § 103.3 Denials, appeals, and precedent decisions. (a) Denials and appeals General Denial of application or petition. (ii) Appealable decisions. (iii) Appeal Jurisdiction. (B) Meaning of affected party. affected party (C) Record of proceeding. (D) Appeal filed by Service officer in case within jurisdiction of Board. (iv) Function of Administrative Appeals Unit (AAU). (v) Summary dismissal. (2) AAU appeals in other than special agricultural worker and legalization cases Filing appeal. (ii) Reviewing official. (iii) Favorable action instead of forwarding appeal to AAU. (iv) Forwarding appeal to AAU. (v) Improperly filed appeal Appeal filed by person or entity not entitled to file it 1 Rejection without refund of filing fee. ( 2 Appeal by attorney or representative without proper Form G-28 i General. ( ii When favorable action warranted. ( iii When favorable action not warranted. (B) Untimely appeal 1 Rejection without refund of filing fee. ( 2 Untimely appeal treated as motion. (vi) Brief. (vii) Additional time to submit a brief. (viii) Where to submit supporting brief if additional time is granted. (ix) Withdrawal of appeal. (x) Decision on appeal. (3) Denials and appeals of special agricultural worker and legalization applications and termination of lawful temporary resident status under sections 210 and 245A. (ii) Form I-694, Notice of Appeal, in triplicate, shall be used to file the appeal, and must be accompanied by the appropriate fee. Form I-694 shall be furnished with the notice of denial at the time of service on the alien. (iii) Upon receipt of an appeal, the administrative record will be forwarded to the Administrative Appeals Unit as provided by § 103.1(f)(2) of this part for review and decision. The decision on the appeal shall be in writing, and if the appeal is dismissed, shall include a final notice of ineligibility. A copy of the decision shall be served upon the applicant and his or her attorney or representative of record. No further administrative appeal shall lie from this decision, nor may the application be filed or reopened before an immigration judge or the Board of Immigration Appeals during exclusion or deportation proceedings. (iv) Any appeal which is filed that: (A) Fails to state the reason for appeal; (B) Is filed solely on the basis of a denial for failure to file the application for adjustment of status under section 210 or 245A in a timely manner; or (C) Is patently frivolous; will be summarily dismissed. An appeal received after the thirty (30) day period has tolled will not be accepted for processing. (4) Denials and appeal of Replenishment Agricultural Worker petitions and waivers and termination of lawful temporary resident status under section 210A. (ii) Form I-694, Notice of Appeal, in triplicate, shall be used to file the appeal, and must be accompanied by the appropriate fee. Form I-694 shall be furnished with the notice of denial at the time of service on the alien. (iii) Upon receipt of an appeal, the administrative record will be forwarded to the Administrative Appeals Unit as provided by § 103.1(f)(2) of this part for review and decision. The decision on the appeal shall be in writing, and if the appeal is dismissed, shall include a final notice of ineligibility. A copy of the decision shall be served upon the petitioner and his or her attorney or representative of record. No further administrative appeal shall lie from this decision, nor may the petition be filed or reopened before an immigration judge or the Board of Immigration Appeals during exclusion or deportation proceedings. (iv) Any appeal which is filed that: Fails to state the reason for the appeal; is filed solely on the basis of a denial for failure to file the petition for adjustment of status under part 210a of this title in a timely manner; or is patently frivolous, will be summarily dismissed. An appeal received after the thirty (30) day period has tolled will not be accepted for processing. (b) Oral argument regarding appeal before AAU Request. (2) Decision about oral argument. (c) Service precedent decisions. [31 FR 3062, Feb. 24, 1966, as amended at 37 FR 927, Jan. 21, 1972; 48 FR 36441, Aug. 11, 1983; 49 FR 7355, Feb. 29, 1984; 52 FR 16192, May 1, 1987; 54 FR 29881, July 17, 1989; 55 FR 20769, 20775, May 21, 1990; 55 FR 23345, June 7, 1990; 57 FR 11573, Apr. 6, 1992; 68 FR 9832, Feb. 28, 2003; 76 FR 53781, Aug. 29, 2011; 85 FR 46914, Aug. 3, 2020; 89 FR 6384, Jan. 31, 2024] § 103.4 Certifications. (a) Certification of other than special agricultural worker and legalization cases General. (2) Notice to affected party. (3) Favorable action. (4) Initial decision. (5) Certification to AAU. (6) Appeal to Board. (7) Other applicable provisions. (b) Certification of denials of special agricultural worker and legalization applications. [52 FR 661, Jan. 8, 1987, as amended at 53 FR 43985, Oct. 31, 1988; 55 FR 20770, May 21, 1990] § 103.5 Reopening or reconsideration. (a) Motions to reopen or reconsider in other than special agricultural worker and legalization cases When filed by affected party General. (ii) Jurisdiction. (iii) Filing Requirements. (A) In writing and signed by the affected party or the attorney or representative of record, if any; (B) Accompanied by a nonrefundable fee as set forth in 8 CFR 106.2; (C) Accompanied by a statement about whether or not the validity of the unfavorable decision has been or is the subject of any judicial proceeding and, if so, the court, nature, date, and status or result of the proceeding; (D) Addressed to the official having jurisdiction; and (E) Submitted to the office maintaining the record upon which the unfavorable decision was made for forwarding to the official having jurisdiction. (iv) Effect of motion or subsequent application or petition. (2) Requirements for motion to reopen. (i) The requested evidence was not material to the issue of eligibility; (ii) The required initial evidence was submitted with the application or petition, or the request for initial evidence or additional information or appearance was complied with during the allotted period; or (iii) The request for additional information or appearance was sent to an address other than that on the application, petition, or notice of representation, or that the applicant or petitioner advised the Service, in writing, of a change of address or change of representation subsequent to filing and before the Service's request was sent, and the request did not go to the new address. (3) Requirements for motion to reconsider. (4) Processing motions in proceedings before the Service. (5) Motion by Service officer Service motion with decision favorable to affected party. (ii) Service motion with decision that may be unfavorable to affected party. (6) Appeal to AAU from Service decision made as a result of a motion. (7) Other applicable provisions. (8) Treating an appeal as a motion. (b) Motions to reopen or reconsider denials of special agricultural worker and legalization applications. sua sponte sua sponte (c) Motions to reopen or reconsider decisions on replenishment agricultural worker petitions. sua sponte (2) The Associate Commissioner, Examinations or the Chief of the Administrative Appeals Unit may sua sponte (3) Motions to reopen a proceeding or reconsider a decision under part 210a of this title shall not be considered. [27 FR 7562, Aug. 1, 1962, as amended at 30 FR 12772, Oct. 7, 1965; 32 FR 271, Jan. 11, 1967; 52 FR 16193, May 1, 1987; 54 FR 29881, July 17, 1989; 55 FR 20770, 20775, May 21, 1990; 55 FR 25931, June 25, 1990; 56 FR 41782, Aug. 23, 1991; 59 FR 1463, Jan. 11, 1994; 61 FR 18909, Apr. 29, 1996; 62 FR 10336, Mar. 6, 1997; 70 FR 50957, Aug. 29, 2005; 85 FR 46914, Aug. 3, 2020] § 103.6 Immigration bonds. Link to an amendment published at 91 FR 45476, July 20, 2026. (a) Posting of surety bonds Extension agreements; consent of surety; collateral security. (2) Bond riders General. (ii) [Reserved] (b) Acceptable sureties Acceptable sureties generally. (2) Authority to decline bonds underwritten by Treasury-certified surety. (i) Ten or more invoices issued to the surety on administratively final breach determinations are past due at the same time; (ii) The surety owes a cumulative total of $50,000 or more on past-due invoices issued to the surety on administratively final breach determinations, including interest and other fees assessed by law on delinquent debt; or (iii) The surety has a breach rate of 35 percent or greater in any Federal fiscal year after August 31, 2020.The surety's breach rate will be calculated in the month of January following each Federal fiscal year after the effective date of this rule by dividing the sum of administratively final breach determinations for that surety during the fiscal year by the total of such sum and bond cancellations for that surety during that same year. For example, if 50 bonds posted by a surety company were declared breached from October 1 to September 30, and 50 bonds posted by that same surety were cancelled during the same fiscal year (for a total of 100 bond dispositions), that surety would have a breach rate of 50 percent for that fiscal year. (iv) Consistent with 31 CFR 223.17(b)(5)(i), ICE may not decline a future bond from a Treasury-certified surety when a court of competent jurisdiction has stayed or enjoined enforcement of a breach determination that would support ICE's decision to decline future bonds. For example, if collection of a past-due invoice has been stayed by a court, it cannot be counted as one of the ten or more invoices under paragraph (b)(1)(i) of this section. (3) Definitions. (i) A breach determination is administratively final when the time to file an appeal with the Administrative Appeals Office (AAO) has expired or when the appeal is dismissed or rejected. (ii) An invoice is past due if it is delinquent, meaning either that it has not been paid or disputed in writing within 30 days of issuance of the invoice; or, if it is a debt upon which the surety has submitted a written dispute within 30 days of issuance of the invoice, ICE has issued a written explanation to the surety of the agency's determination that the debt is valid, and the debt has not been paid within 30 days of issuance of such written explanation that the debt is valid. (4) Notice of intention to decline future bonds. i.e., (5) Surety's response. (6) Written determination. (7) Effect of decision to decline future bonds. (c) Cancellation and breach Public charge bonds. (2) Maintenance of status and departure bonds. lawful temporary status (3) Substantial performance. (d) Bond schedules Blanketbonds for departure of visitors and transits. Aliens 1 to 4—$500 each. 5 to 9—$2,500 total bond. 10 to 24—$3,500 total bond. 25 to 49—$5,000 total bond. 50 to 74—$6,000 total bond. 75 to 99—$7,000 total bond. 100 to 124—$8,000 total bond. 125 to 149—$9,000 total bond. 150 to 199—$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). Less than 500 workers—$15 each 500 to 1,000 workers—$10 each 1,000 or more workers—$5 each A bond shall not be posted for less than $1,000 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 $200 as liquidated damages for each alien involved. (e) Breach of bond. (f) Appeals of Breached Bonds Issued by Treasury-Certified Sureties Final agency action. (2) Exhaustion of administrative remedies. (3) Requirement to raise all issues. (4) Failure to file a timely administrative appeal. (g) Delivery bond notices to surrender aliens. (h) Bond breach, bond cancellation, and other bond notices. [31 FR 11713, Sept. 7, 1966] Editorial Note: For Federal Register www.govinfo.gov. § 103.7 Fees. (a) Department of Justice (DOJ) fees. (1) USCIS may accept DOJ fees. (2) DHS-EOIR biometric services fee. (3) Waiver of immigration court fees. (b) USCIS fees. (c) Remittances. (d) Other DHS immigration fees. (1) [Reserved] (2) Petition for Approval of School for Attendance by Nonimmigrant Student Form I-17 (ii) For filing a petition for school recertification: $1,250, plus a site visit fee of $655 for each new location required to be listed on the form. (3) Form I-68. (i) $16.00; or (ii) $32 for a family (applicant, spouse, and unmarried children under 21 years of age, and parents of either spouse). (4) Form I-94 fee. (ii) Each applicant requesting an Arrival/Departure Record from USCIS, must submit the fee required by 8 U.S.C. 1807. (5) Form I-94W. (6) Form I-246. (7) Form I-823. (i) $25.00; or (ii) $50.00 for a family (applicant, spouse, and minor children). (iii) The application fee may be waived by DHS. (iv) If fingerprints are required, the inspector will inform the applicant of the current Federal Bureau of Investigation fee for conducting fingerprint checks before accepting the application fee. (v) The application fee (if not waived) and fingerprint fee must be paid to CBP before the application will be processed. The fingerprint fee may not be waived. (vi) For replacement of PORTPASS documentation during the participation period: $25.00. (vii) For the SENTRI program, see paragraph (d)(16) of this section. (8) Fee Remittance for F, J, and M Nonimmigrants (Form I-901). (i) For F and M students: $350. (ii) For J-1 au pairs, camp counselors, and participants in a summer work or travel program: $35. (iii) For all other J exchange visitors (except those participating in a program sponsored by the Federal Government): $220. (iv) There is no Form I-901 fee for J exchange visitors in federally funded programs with a program identifier designation prefix that begins with G-1, G-2, G-3, or G-7. (9) Special statistical tabulations. (10) Monthly, semiannual, or annual “Passenger Travel Reports via Sea and Air” tables. (i) For the years 1975 and before: $7.00. (ii) For after 1975: Contact: U.S. Department of Transportation, Transportation Systems Center, Kendall Square, Cambridge, MA 02142. (11) Request for Classification of a citizen of Canada to engage in professional business activities under section 214(e) of the Act (Chapter 16 of the North American Free Trade Agreement). (12) Request for authorization for parole of an alien into the United States. (13) Global Entry. (14) U.S. Asia-Pacific Economic Cooperation (APEC) Business Travel Card. (15) Notice of Appeal or Motion (Form I-290B) filed with ICE SEVP. (16) SENTRI program. [85 FR 46914, Aug. 3, 2020, as amended at 87 FR 18980, Apr. 1, 2022; 87 FR 41029, July 11, 2022; 89 FR 6384, Jan. 31, 2024; 89 FR 22628, Apr. 2, 2024; 91 FR 22971, Apr. 29, 2026] § 103.8 Service of decisions and other notices. This section states authorized means of service by the Service on parties and on attorneys and other interested persons of notices, decisions, and other papers (except warrants and subpoenas) in administrative proceedings before Service officers as provided in this chapter. (a) Types of service Routine service. (ii) If so requested by a party, advising the party of such notice by electronic mail and posting the decision to the party's USCIS account. (2) Personal service. (i) Delivery of a copy personally; (ii) Delivery of a copy at a person's dwelling house or usual place of abode by leaving it with some person of suitable age and discretion; (iii) Delivery of a copy at the office of an attorney or other person, including a corporation, by leaving it with a person in charge; (iv) Mailing a copy by certified or registered mail, return receipt requested, addressed to a person at his last known address; or (v) If so requested by a party, advising the party by electronic mail and posting the decision to the party's USCIS account. (3) Personal service involving notices of intention to fine. (b) Effect of service by mail. (c) When personal service required Generally. (2) Persons confined, minors, and incompetents Persons confined. (ii) Incompetents and minors. (d) When personal service not required. [37 FR 11470, June 8, 1972, as amended at 39 FR 23247, June 27, 1974; 62 FR 10336, Mar. 6, 1997; 64 FR 17944, Apr. 13, 1999. Redesignated and amended at 76 FR 53781, Aug. 29, 2011] § 103.9 Request for further action on an approved benefit request. (a) Filing a request. (b) Processing. [Redesignated and amended at 76 FR 53781, Aug. 29, 2011] § 103.10 Precedent decisions. (a) Proceedings before the immigration judges, the Board of Immigration Appeals and the Attorney General are governed by part 1003 of 8 CFR chapter V. (b) Decisions as precedents. (c) Referral of cases to the Attorney General. (i) The Attorney General directs the Board to refer to him. (ii) The Chairman or a majority of the Board believes should be referred to the Attorney General for review. (iii) The Secretary of Homeland Security, or specific officials of the Department of Homeland Security designated by the Secretary with the concurrence of the Attorney General, refers to the Attorney General for review. (2) In any case the Attorney General decides, the Attorney General's decision shall be stated in writing and shall be transmitted to the Board or Secretary, as appropriate, for transmittal and service as provided in paragraph (c) of this section or 8 CFR 1003.1(h)(2). (d) Publication of Secretary's precedent decisions. (e) Precedent decisions. http://www.justice.gov/eoir/vll/libindex.html. (f) [Reserved] [68 FR 9832, Feb. 28, 2003. Redesignated and amended at 76 FR 53781, Aug. 29, 2011] Subpart B—Biometric Requirements § 103.16 Collection, use and storage of biometric information. (a) Use of biometric information. Federal Register (b) Individuals residing abroad. [76 FR 53782, Aug. 29, 2011, as amended at 81 FR 73331, Oct. 24, 2016] § 103.17 Biometric services fee. DHS may charge a fee to collect biometric information, to provide biometric collection services, to conduct required national security and criminal history background checks, to verify an individual's identity, and to store and maintain this biometric information for reuse to support other benefit requests. When a biometric services fee is required, USCIS may reject a benefit request submitted without the correct biometric services fee. [85 FR 46915, Aug. 3, 2020, as amended at 89 FR 6385, Jan. 31, 2024] §§ 103.20-103.36 [Reserved] Subpart C [Reserved] Subpart D—Availability of Records § 103.38 Genealogy Program. (a) Purpose. (b) Scope and limitations. [73 FR 28030, May 15, 2008] § 103.39 Historical Records. Historical Records are files, forms, and documents now located within the following records series: (a) Naturalization Certificate Files (C-Files), from September 27, 1906 to April 1, 1956. (b) Microfilmed Alien Registration Forms, from August 1, 1940 to March 31, 1944. (c) Visa Files, from July 1, 1924 to March 31, 1944. (d) Registry Files, from March 2, 1929 to March 31, 1944. (e) Alien-Files numbered below 8 million (A8000000), and documents therein dated prior to May 1, 1951. [73 FR 28030, May 15, 2008] § 103.40 Genealogical research requests. (a) Nature of requests. (b) Forms. https://www.uscis.gov/records/genealogy (c) Required information. (1) Full name (including variant spellings of the name and/or aliases, if any). (2) Date of birth, at least as specific as a year. (3) Place of birth, at least as specific as a country and the country name at the time of the individual's immigration or naturalization if known. (d) Optional information. (1) Date of arrival in the United States. (2) Residence address at time of naturalization. (3) Names of parents, spouse, and children if applicable and available. (e) Additional information required to retrieve records. (1) C-Files must be identified by a naturalization certificate number. (2) Forms AR-2 and A-Files numbered below 8 million must be identified by Alien Registration Number. (3) Visa Files must be identified by the Visa File Number. Registry Files must be identified by the Registry File Number (for example, R-12345). (f) Information required for release of records. (2) Search subjects will be presumed deceased if their birth dates are more than 100 years before the date of the request. In other cases, the subject is presumed to be living until the requestor establishes to the satisfaction of USCIS that the subject is deceased. (3) Documentary evidence of the subject's death is required (including but not limited to death records, published obituaries or eulogies, published death notices, church or bible records, photographs of gravestones, and/or copies of official documents relating to payment of death benefits). (g) Index search. (h) Processing of paper record copy requests. [85 FR 46915, Aug. 3, 2020, as amended at 89 FR 6385, Jan. 31, 2024] § 103.41 [Reserved] § 103.42 Rules relating to the Freedom of Information Act (FOIA) and the Privacy Act. Immigration-related regulations relating to FOIA and the Privacy Act are located in 6 CFR part 5. [76 FR 53782, Aug. 29, 2011]