OMB Approves State Department Fee Increases

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

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.”

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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