OMB Approves State Department Fee Increases

On February 15, 2023, the White House Office of Management and Budget (OMB) approved a final rule that would increase certain U.S. Department of State fees for visa services. This is the final step prior to publication of the final rule. Once published, the final rule will likely become effective sixty days from its publication, as it has been classified as a major rule change that is economically significant.

The fee increases provided in the proposed rule, published in December 2021, are set forth below:

Petition / Visa Type	Current Fee	Proposed Fee	Percentage Increase
Non-petition-based nonimmigrant visa (except E category)	$160	$245	53%
Petition-based nonimmigrant visa fee (H, L, and O, P, Q, and R)	$190	$310	63%
E nonimmigrant visa	$205	$485	137%
J waiver of two-year residency requirement	$120	$510	325%
Border Crossing Card–age fifteen and over	$160	$245	53%

Please note that the above fees are not yet final and may change. The State Department has indicated that the increases are necessary to “ensure that the fees for providing these consular services better align with the costs of providing the services.”

Ogletree Deakins’ Immigration Practice Group will continue to monitor developments with respect to these and other policy changes and will post updates on the Immigration blog as additional information becomes available. Important information for employers is also available via the firm’s webinar and podcast programs.