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.
