8 U.S.C. 1356: Disposition of moneys collected under the provisions of this subchapter

2022

• Pub. L. 117–286 substituted "chapter 10 of title 5," for "the Federal Advisory Committee Act,". Law text · (k)

2020

• Pub. L. 116–159 amended subsec. (u) generally. Prior to amendment, text read as follows: "The Attorney General is authorized to establish and collect a premium fee for employment-based petitions and applications. This fee shall be used to provide certain premium-processing services to … (Continuing Appropriations Act, 2021 and Other Extensions Act) Law text · (u)

2018

• Pub. L. 115–254 inserted ", train," after "commercial aircraft" and ", rail line," after "airport". (FAA Reauthorization Act of 2018) Law text · (i)

2016

• Pub. L. 114–125 substituted "Reimbursements under this subsection may be collected in advance of the provision of such immigration inspection services. Notwithstanding subsection (h)(1)(B), and only to the extent provided in appropriations Acts, any amounts collected under this subsect… (Trade Facilitation and Trade Enforcement Act of 2015) Law text · (i)

2009

• Pub. L. 111–117, which directed substitution of subpars. (B) and (C) for "subparagraphs (B) and (C) that appear within section 426(b) of division J of" Pub. L. 108–447, was executed by adding subpars. (B) and (C) to subsec. (v)(2) and striking out former subpars. (B) and (C)… (Consolidated Appropriations Act, 2010) Law text · (v), (C)

2007

• Pub. L. 109–472, §2(1), inserted "or primarily" after "exclusively". (Department of State Authorities Act of 2006) Law text · (v)
• Pub. L. 109–472, §2(2), amended cl. (ii) generally. Prior to amendment, cl. (ii) read as follows: "otherwise to prevent and detect such fraud pursuant to the terms of a memorandum of understanding or other cooperative agreement between the Secretary of State and the Secretary… (Department of State Authorities Act of 2006) Law text · (v)

2005

• Pub. L. 109–13, §6046, inserted "and section 1182(a)(5)(A) of this title" before period at end. (Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005) Law text · (s)
• Pub. L. 109–13, §403(b)(2), struck out "H–1B and L" before "Fraud Prevention" in heading. (Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005) Law text · (v)
• Pub. L. 109–13, §403(b)(1)(A), (B), struck out "H–1B and L" before "Fraud Prevention" and substituted "paragraph (12) or (13) of section 1184(c) of this title" for "section 1184(c)(12) of this title". (Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005) Law text · (v)
• Pub. L. 109–13, §403(b)(1)(A), struck out "H–1B and L" before "Fraud Prevention" in introductory provisions. (Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005) Law text · (v)
• Pub. L. 109–13, §403(b)(1)(C), substituted "(H)(i), (H)(ii)," for "(H)(i)". (Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005) Law text · (v)
• Pub. L. 109–13, §403(b)(1)(A), (C), struck out "H–1B and L" before "Fraud Prevention" and substituted "(H)(i), (H)(ii)," for "(H)(i)". (Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005) Law text · (v)
• Pub. L. 109–13, §403(b)(1)(A), struck out "H–1B and L" before "Fraud Prevention". (Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005) Law text · (v)
• Pub. L. 109–13, §403(b)(1)(A), (D), struck out "H–1B and L" before "Fraud Prevention" and inserted "or for programs and activities to prevent and detect fraud with respect to petitions under paragraph (1) or (2)(A) of section 1184(c) of this title to grant an alien nonimmigrant s… (Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005) Law text · (v)

2004

• Pub. L. 108–447, §427(1), substituted "50 percent" for "55 percent". (Consolidated Appropriations Act, 2005) Law text · (s)
• Pub. L. 108–447, §427(2), substituted "30 percent" for "22 percent". (Consolidated Appropriations Act, 2005) Law text · (s)
• Pub. L. 108–447, §427(3), substituted "10 percent" for "15 percent". (Consolidated Appropriations Act, 2005) Law text · (s)
• Pub. L. 108–447, §427(4), substituted "5 percent" for "4 percent" and "Secretary of Homeland Security" for "Attorney General". (Consolidated Appropriations Act, 2005) Law text · (s)
• Pub. L. 108–447, §427(5), substituted "Beginning with fiscal year 2000, 5 percent of the amounts deposited into the H–1B Nonimmigrant Petitioner Account shall remain available to the Secretary of Labor until expended for decreasing the processing time for applications under section … (Consolidated Appropriations Act, 2005) Law text · (s)
• Pub. L. 108–447, §426(b), added subsec. (v). (Consolidated Appropriations Act, 2005) Law text · (v)

2003

• Pub. L. 108–7, §108, added par. (3) and struck out former par. (3) which read as follows: "The Attorney General shall charge and collect $3 per individual for the immigration inspection or pre-inspection of each commercial vessel passenger whose journey originated in the United Stat… (Consolidated Appropriations Resolution, 2003) Law text · (e)
• Pub. L. 108–7, §107, repealed Pub. L. 107–296, §457. See 2002 Amendment note below. (Consolidated Appropriations Resolution, 2003) Law text · (m)
• Pub. L. 108–77, §§107(c), 402(d)(2), temporarily substituted "paragraphs (9) and (11) of section 1184(c) of this title" for "section 1184(c)(9) of this title". See Effective and Termination Dates of 2003 Amendment note below. (United States-Chile Free Trade Agreement Implementation Act) Law text · (s)

2002

• Pub. L. 107–206 substituted "shall" for "is authorized to" and "requirement" for "authorization". (2002 Supplemental Appropriations Act for Further Recovery From and Response To Terrorist Attacks on the United States) Law text · (e)
• Pub. L. 107–173 struck out ", within forty-five minutes of their presentation for inspection," after "adequately provided" in introductory provisions. (Enhanced Border Security and Visa Entry Reform Act of 2002) Law text · (g)
• Pub. L. 107–296, §457, which directed the substitution of "such services." for "such services, including the costs of similar services provided without charge to asylum applicants or other immigrants.", was repealed by Pub. L. 108–7, §107. (Homeland Security Act of 2002) Law text · (m)
• Pub. L. 107–273 inserted ", including receipts for services performed in processing forms I–94, I–94W, and I–68, and other similar applications processed at land border ports of entry," after "subsection". (21st Century Department of Justice Appropriations Authorization Act) Law text · (q)

2001

• Pub. L. 107–77, §109(1), substituted "$7" for "$6". (Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2002) Law text · (d)
• Pub. L. 107–77, §109(2), substituted "Except as provided in paragraph (3), no" for "No". (Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2002) Law text · (e)
• Pub. L. 107–77, §109(3), added par. (3). (Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2002) Law text · (e)
• Pub. L. 107–77, §110, which directed the substitution of "96" for "6" in section 286(q)(1)(A) of the Immigration and Nationality Act of 1953, was executed by making the substitution in section 286(q)(1)(A) of the Immigration and Nationality Act to reflect the probable intent o… (Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2002) Law text · (q)

2000

• Pub. L. 106–313, §110(a)(1), substituted "55 percent" for "56.3 percent". Law text · (s)
• Pub. L. 106–313, §113(b), provided that in the amendment made by section 110(a)(2) of Pub. L. 106–313 the figure to be inserted is deemed to be "22 percent". See below. Law text · (s)
• Pub. L. 106–313, §110(a)(2), substituted "23.5 percent" for "28.2 percent". See above. Law text · (s)
• Pub. L. 106–313, §110(a)(3), amended heading and text of par. (4) generally. Prior to amendment, text read as follows: Law text · (s)
• Pub. L. 106–313, §113(a), amended text of par. (5) generally. Prior to amendment, text read as follows: "1.5 percent of the amounts deposited into the H–1B Nonimmigrant Petitioner Account shall remain available to the Attorney General until expended to carry out duties under paragra… Law text · (s)
• Pub. L. 106–554, which directed amendment of section 286(s)(6) of the Immigration and Naturalization Act by inserting "and section 1182(a)(5)(A) of this title" after "decreasing the processing time for applications under section 1182(n)(1) of this title", was executed by making the … (Consolidated Appropriations Act, 2001) Law text · (s)
• Pub. L. 106–313, §113(b), provided that in the amendments made by section 110(a)(4) and (5) of Pub. L. 106–313 the figures to be inserted are deemed to be "4 percent" and "2 percent", respectively. See below. Law text · (s)
• Pub. L. 106–313, §110(a)(4), substituted "5 percent" for "6 percent". See above. Law text · (s)
• Pub. L. 106–313, §110(a)(5), substituted "2.5 percent" for "3 percent" in two places. See above. Law text · (s)
• Pub. L. 106–553 added subsecs. (t) and (u). (District of Columbia Appropriations Act, 2001) Law text · (t), (u)

1999

• Pub. L. 106–113, which directed amendment of section 286(q)(1)(A) of the Immigration and Nationality Act of 1953 by striking out cl. (ii), redesignating cl. (iii) as (ii), striking out ", until September 30, 2000," after "submit on a quarterly basis" in cl. (iv), and … (Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2000) Law text · (q)

1998

• Pub. L. 105–277, §101(b) [title I, §114], inserted "State," before "territory". (Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999) Law text · (e)
• Pub. L. 105–277, §414(b), added subsec. (s). (Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999) Law text · (s)

1997

• Pub. L. 105–119, §110(2)(A), inserted ", and amount described in section 1255(i)(3)(b) of this title" after "recovered by the Department of Justice". (Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998) Law text · (r)
• Pub. L. 105–119, §110(2)(B), substituted "Attorney General" for "Immigration and Naturalization Service" in introductory provisions. (Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998) Law text · (r)
• Pub. L. 105–119, §110(2)(C), added par. (4) and struck out former par. (4) which read as follows: "The amount required to be refunded from the Fund for fiscal year 1994 and thereafter shall be refunded in accordance with estimates made in the budget request of the Attorney General f… (Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998) Law text · (r)
• Pub. L. 105–119, §110(1), struck out heading and text of subsec. (s) which established Immigration Detention Account in general fund of the Treasury to be drawn upon to refund to any appropriation amounts paid out for expenses incurred by Attorney General for detention of aliens. (Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998) Law text · (s)

1996

• Pub. L. 104–208, §308(g)(1), substituted "section 1223(b)" for "section 1228(b)". (Magnuson-Stevens Fishery Conservation and Management Act) Law text · (a)
• Pub. L. 104–208, §671(e)(5), inserted period after "expended". (Magnuson-Stevens Fishery Conservation and Management Act) Law text · (h)
• Pub. L. 104–208, §382(b), substituted "1253(c), 1321," for "1321". (Magnuson-Stevens Fishery Conservation and Management Act) Law text · (h)
• Pub. L. 104–208, §124(a)(1)(B), inserted concluding provisions "The Attorney General shall provide for expenditures for training and assistance described in clause (iv) in an amount, for any fiscal year, not less than 5 percent of the total of the expenses incurred that are descr… (Magnuson-Stevens Fishery Conservation and Management Act) Law text · (h)
• Pub. L. 104–208, §671(e)(6)(A), struck out "and" at end. (Magnuson-Stevens Fishery Conservation and Management Act) Law text · (h)
• Pub. L. 104–208, §124(a)(1)(A), inserted ", including training of, and technical assistance to, commercial airline personnel regarding such detection" after "United States". (Magnuson-Stevens Fishery Conservation and Management Act) Law text · (h)
• Pub. L. 104–208, §671(e)(6)(B)–(E), struck out colon after "services for", substituted "and for any alien" for "; and any alien", adjusted margins, and substituted "entry; and" for "entry." at end. (Magnuson-Stevens Fishery Conservation and Management Act) Law text · (h)
• Pub. L. 104–208, §308(e)(1)(L), substituted "removal" for "deportation". (Magnuson-Stevens Fishery Conservation and Management Act) Law text · (h)
• Pub. L. 104–208, §308(d)(3)(A), substituted "inadmissible" for "excludable" in two places. (Magnuson-Stevens Fishery Conservation and Management Act) Law text · (h)
• Pub. L. 104–208, §671(e)(6)(B)–(D), struck out colon after "ports-of-entry for", substituted "and for any alien" for "; and any alien", and adjusted margins. (Magnuson-Stevens Fishery Conservation and Management Act) Law text · (h)
• Pub. L. 104–208, §308(d)(4)(K), substituted "removal" for "exclusion" in two places. (Magnuson-Stevens Fishery Conservation and Management Act) Law text · (h)
• Pub. L. 104–208, §308(d)(3)(A), substituted "inadmissible" for "excludable" in two places. (Magnuson-Stevens Fishery Conservation and Management Act) Law text · (h)
• Pub. L. 104–208, §122(a)(1), added par. (1) and struck out heading and text of former par. (1). Text read as follows: "Notwithstanding any other provision of law, the Attorney General is authorized to establish, by regulation, a project under which a fee may be charged and collected… (Magnuson-Stevens Fishery Conservation and Management Act) Law text · (q)
• Pub. L. 104–208, §122(a)(2), struck out par. (5) which read as follows: (Magnuson-Stevens Fishery Conservation and Management Act) Law text · (q)
• Pub. L. 104–208, §671(b)(11), substituted "the Fund" for "Fund" wherever appearing. (Magnuson-Stevens Fishery Conservation and Management Act) Law text · (r), (6)
• Pub. L. 104–208, §376(b), added subsec. (s). (Magnuson-Stevens Fishery Conservation and Management Act) Law text · (s)

1994

• Pub. L. 103–416, §219(t)(1), substituted "Fund" for "Account" in heading. · (r)
• Pub. L. 103–416, §219(t)(2), substituted "(in this subsection referred to as the 'Fund')" for "(hereafter referred to as the Fund)". · (r)
• Pub. L. 103–416, §219(t)(3), made technical amendment to reference to this chapter involving corresponding provision of original act. · (r)
• Pub. L. 103–416, §219(t)(4), struck out "the Breached Bond/Detention" before "Fund". · (r)
• Pub. L. 103–416, §219(t)(5), substituted "of Public Law 102–395" for "of this Act". · (r)
• Pub. L. 103–416, §219(t)(6), substituted "Fund" for "account" after "condition of the". · (r)
• Pub. L. 103–416, §219(t)(4), struck out "the Breached Bond/Detention" before "Fund" in two places. · (r)

1993

• Pub. L. 103–121 substituted "$6" for "$5". · (d)
• Pub. L. 103–121, which directed the amendment of subpar. (A) by "deleting subsection (v)" and adding new cls. (v) and (vi), was executed by adding cls. (v) and (vi) and striking out former cl. (v) which read as follows: "providing detention and deportation services for e… · (h), (vi)

1992

• Pub. L. 102–395 added subsec. (r). · (r)

1991

• Pub. L. 102–232, §309(b)(12), made an amendment to reference to section 1101(b)(5) of this title involving corresponding provision of original act. · (e)
• Pub. L. 102–232, §309(a)(2)(B), made technical correction to directory language of Pub. L. 101–515, §210(a)(2). See 1990 Amendment note below. · (f)
• Pub. L. 102–232, §309(a)(2)(A)(i), inserted a period after "available until expended". · (h)
• Pub. L. 102–232, §309(a)(2)(A)(ii), substituted "additional" for "additonal". · (m)
• Pub. L. 102–232, §309(a)(1)(A)(i)(I), made technical correction to directory language of Pub. L. 100–459. See 1988 Amendment note below. · (m)
• Pub. L. 102–232, §309(a)(1)(B), amended directory language of Pub. L. 101–162. See 1989 Amendment note below. · (n)
• Pub. L. 102–232, §309(a)(1)(A)(i)(I), made technical correction to directory language of Pub. L. 100–459. See 1988 Amendment note below. · (n)
• Pub. L. 102–232, §309(a)(1)(A)(i)(II), substituted "shall" for "will". · (o)
• Pub. L. 102–232, §309(a)(1)(A)(i)(I), made technical correction to directory language of Pub. L. 100–459. See 1988 Amendment note below. · (o)
• Pub. L. 102–232, §309(a)(1)(A)(i)(I), made technical correction to directory language of Pub. L. 100–459. See 1988 Amendment note below. · (p)
• Pub. L. 102–232, §309(a)(2)(A)(iii), realigned margin. · (q)
• Pub. L. 102–232, §309(a)(2)(A)(iii), (iv), inserted "the" after "The Secretary of" and realigned margin. · (q)
• Pub. L. 102–232, §309(a)(2)(A)(v), substituted "paragraph (1)" for "subsection (q)(1)". · (q)

1990

• Pub. L. 101–515, §210(a)(1), inserted ", other than aircraft passengers," after "arrival of any passenger". · (e)
• Pub. L. 101–515, §210(a)(2), as amended by Pub. L. 102–232, §309(a)(2)(B), inserted ", except the fourth quarter payment for fees collected from airline passengers shall be made on the date that is ten days before the end of the fiscal year, and the first quarter payment shall inclu… · (f)
• Pub. L. 101–515, §210(a)(3), inserted ", within forty-five minutes of their presentation for inspection," before "when needed and". · (g)
• Pub. L. 101–515, §210(a)(4), substituted "There is established in the general fund of the Treasury a separate account which shall be known as the 'Immigration User Fee Account'. Notwithstanding any other section of this subchapter, there shall be deposited as offsetting receipts … · (h)
• Pub. L. 101–515, §210(a)(5), added subsec. (l). · (l)
• Pub. L. 101–515, §210(d)(1), (2), inserted "as offsetting receipts" after "shall be deposited" and inserted before period at end ": Provided further, That fees for providing adjudication and naturalization services may be set at a level that will ensure recovery of the full costs of pr… · (m)
• Pub. L. 101–515, §210(d)(3), added subsec. (q). · (q)

1989

• Pub. L. 101–162, as amended by Pub. L. 102–232, §309(a)(1)(B), struck out "in excess of $50,000,000" before "shall remain available" and struck out after first sentence "At least annually, deposits in the amount of $50,000,000 shall be transferred from the 'Immigration Examinations Fee… · (n)

1988

• Pub. L. 100–525, §8(f), added Pub. L. 99–653, §7(d)(1). See 1986 Amendment note below. · (a)
• Pub. L. 100–525, §4(a)(2)(A), (d), amended Pub. L. 99–500 and Pub. L. 99–591. See 1986 Amendment note below. · (d), (e), (f), (g), (h), (i), (j), (k), (l)
• Pub. L. 100–525, §4(a)(1)(A), substituted "Internal Revenue Code of 1986" for "Internal Revenue Code of 1954", which for purposes of codification was translated as "title 26" thus requiring no change in text. · (f)
• Pub. L. 100–525, §4(a)(1)(B), substituted "section 1353b of this title" for "section 1353(a) of this title". · (g)
• Pub. L. 100–525, §4(a)(1)(C)(i), amended that portion of the first sentence of subpar. (A) following "Treasury of the United States" so as to read ", to remain available until expended". See 1987 Amendment note below. · (h)
• Pub. L. 100–525, §4(a)(1)(C)(ii), substituted "Fee Account'." for "Fee Account.' " · (h)
• Pub. L. 100–525, §4(a)(1)(C)(iii)–(v), substituted "civil fines or penalties" for "fines, penalties, liquidated damages or expenses", inserted "and all liquidated damages and expenses collected pursuant to this chapter" after "this title", and struck out quotation marks before an… · (h)
• Pub. L. 100–525, §4(a)(1)(C)(vi), substituted "vessels and in—" for "vessels and:" in introductory provisions and inserted "and" at end of cl. (iv). · (h)
• Pub. L. 100–525, §4(a)(1)(D), inserted "Reimbursement" as heading. · (i)
• Pub. L. 100–525, §4(a)(1)(E), struck out subsec. (l) which read as follows: · (l)
• Pub. L. 100–459, as amended by Pub. L. 102–232, §309(a)(1)(A)(i)(I), added subsecs. (m) to (p). · (m), (n), (o), (p)

1987

• Pub. L. 100–71, directed the general amendment of first sentence of section 205(h)(1)(A) of the Departments of Commerce, Justice, and State, and the Judiciary and Related Agencies Appropriations Act, 1987, in Pub. L. 99–500 and Pub. L. 99–591. Section 205 of such act does not con… · (h)

1986

• Pub. L. 99–653, §7(d)(1), as added by Pub. L. 100–525, §8(f), substituted "section 1228(b) of this title" for "section 1228(c) of this title". · (a)
• Pub. L. 99–500, §101(b) [title II, §205(a), formerly §205], as redesignated by Pub. L. 100–525, §4(a)(2)(A), added subsecs. (d) to (l). · (d), (e), (f), (g), (h), (i), (j), (k), (l)
• Pub. L. 99–591, §101(b) [title II, §205], a corrected version of Pub. L. 99–500, §101(b) [title II, §205(a)], was repealed by Pub. L. 100–525, §4(d), effective as of Oct. 30, 1986. · (d), (e), (f), (g), (h), (i), (j), (k), (l)

1981

• Pub. L. 97–116 added subsec. (b), redesignated former subsec. (b) as (c), and inserted "and subsection (b)" after "subsection (a)". · (b), (c)