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Federal Register / Vol. 86, No. 5 / Friday, January 8, 2021 / Rules and Regulations b. Total Estimated Costs of Regulatory Changes In this section, DHS presents the total annual costs of this final rule
annualized over a 10-year implementation period. Table 17 details the total annual costs of this final rule to petitioners will be $21,538,925 in FY

2022 and $15,253,398 in FY 2023
through 2032.

TABLE 17SUMMARY OF ESTIMATED ANNUAL COSTS TO PETITIONERS IN THIS FINAL RULE
Total estimated annual cost
Costs Petitioners additional opportunity cost of time in filing Form I129 petitions
Petitioners additional opportunity cost of time in submitting information on the registration
Familiarization Cost Year 1 only FY 2022

$3,457,401
11,795,997
6,285,527

Total Annual Costs undiscounted = FY 2022
Total Annual Cost undiscounted = FY 2023FY 2032

21,538,925
15,253,398

Table 18 shows costs over the 10-year implementation period of this final rule.
DHS estimates the 10-year total net cost of the rule to petitioners to be approximately $158,819,507

undiscounted, $136,217,032 discounted at 3-percent, and $113,007,809
discounted at 7-percent. Over the 10year implementation period of the rule, DHS estimates the annualized costs of
the rule to be $15,968,792 annualized at 3-percent, $16,089,770 annualized at 7percent.

TABLE 18TOTAL COSTS OF THIS FINAL RULE
Total estimated costs $21,538,925 year 1;
$15,253,398 year 210

Year
Discounted at 3-percent
Discounted at 7-percent
1
2
3
4
5
6
7
8
9
10

$20,911,578
14,377,791
13,959,020
13,552,447
13,157,715
12,774,481
12,402,408
12,041,173
11,690,459
11,349,961

$20,129,836
13,322,909
12,451,316
11,636,744
10,875,462
10,163,983
9,499,050
8,877,617
8,296,838
7,754,054

Total

136,217,032

113,007,809

Annualized

15,968,792

16,089,770

E.O. 13771 directs agencies to reduced regulation and control regulatory costs. This final rule is expected to be an E.O. 13771 regulatory action. DHS estimates the total cost of this rule will be $10,515,740 annualized using a 7- percent discount rate over a perpetual time horizon, in 2016 dollars, and discounted back to 2016.

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c. Costs to the Federal Government DHS is revising the process and system by which H1B registrations or petitions, as applicable, will be selected toward the annual numerical allocations. This final rule will require updates to USCIS IT systems and additional time spent by USCIS on H
1B registrations or petitions.
The INA provides for the collection of fees at a level that will ensure recovery
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of the full costs of providing adjudication and naturalization services by DHS, including administrative costs and services provided without charge to certain applicants and petitioners.201
DHS notes USCIS establishes its fees by assigning costs to an adjudication based on its relative adjudication burden and use of USCIS resources. Fees are established at an amount that is necessary to recover these assigned costs such as salaries and benefits of clerical staff, officers, and managers, plus an amount to recover unassigned overhead such as facility rent, IT
equipment and systems, or other expenses and immigration services provided without charge. Consequently, since USCIS immigration fees are based 201 See
PO 00000

INA section 286m, 8 U.S.C. 1356m.

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on resource expenditures related to the benefit in question, USCIS uses the fee associated with an information collection as a reasonable measure of the collections costs to USCIS. DHS
notes the time necessary for USCIS to review the information submitted with the forms relevant to this final rule includes the time to adjudicate the benefit request. These costs are captured in the fees collected for the benefit request from petitioners.
B. Regulatory Flexibility Act The Regulatory Flexibility Act of 1980
RFA, 5 U.S.C. 601612, as amended by the Small Business Regulatory Enforcement Fairness Act of 1996, Public Law 104121 March 29, 1996, requires Federal agencies to consider the potential impact of regulations on
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