INS on Refugee Dependents Fee to Apply for EAD

Dear Professor Phipps:

Thank you for your letter to this office, expressing your concern about refugee dependents being required to pay fees to apply for Form I-688B, the employment authorization document (EAD). You asked the Immigration and Naturalization Service (INS) to consider a blanket waiver of such fees for person under 18 years of age.

Under section 286(m) of the Immigration and Nationality Act, 8 U.S.C. ' 1356(m), the INS adjudication program, including EAD adjudications, is self-supporting and must be financed by fees. For the reason, it is not possible for the INS to set a blanket waiver for juveniles, as you recommended. As you noted, the INS does provide for individual waivers. If you believe that the provisions of 8 C.F.R. ' 103.7(c) are not being properly applied to the individual fee waiver applications filed by your clients, please provide the specific information to the INS for investigation. Also, under present procedures, persons admitted designation on the I-94. It is possible that some of your clients may not need to apply for an EAD.

I hope that this information is helpful to you.

T. Alexander Aleinikoff

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