State Department Issues Final Rule to Raise Consular Services Fees on May 30, 2023

On March 28, 2023, the U.S. Department of State published final adjustments to the Schedule of Fees for Consular Services for several nonimmigrant visa (NIV) application processing fees and the fee for border crossing cards (BCC) for Mexican citizens (ages fifteen and older). The fee changes are based on the most recently approved update to the State Department’s Cost of Service Model, utilizing a ten-year average projection of NIV volume and demand.

The application fee changes implemented by the State Department, effective May 30, 2023, are detailed in the final rule as follows:

• The processing fee for non-petition-based NIVs, except for the E visa category, will be raised from $160 to $185 (15.6 percent increase).
• The processing fee for H, L, O, P, Q, and R category NIVs will be raised from $190 to $205 (7.9 percent increase).
• The fee for E visas will be raised from $205 to $315 (53.7 percent increase).
• The BCC processing fee for Mexican citizens (ages fifteen and older) will be raised from $160 to $185 (15.6 percent increase).
• The fee for the J-1 exchange visitor waiver of the two-year residency requirement will be maintained at $120, instead of being raised to the proposed amount of $510 (which would have been a 325 percent increase).

On December 29, 2021, the State Department published a proposed rule in the Federal Register for a sixty-day public comment period that ended on February 28, 2022, with certain proposed increases ranging up to as much as 325 percent (for the exchange visitor waiver fee). Consular Services fees are collected and set by the State Department based on the concept of full recovery of cost to the U.S. government, and every two years, the State Department works to update the Schedule of Fees unless a significant change in costs requires a more immediate update or recommendation.

Ogletree Deakins’ Immigration Practice Group will continue to monitor these and other policy developments 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.