A final rule that would adjust U.S. State Department consular fees has cleared White House review.

Key Points:

  • The State Department rule will adjust:
    • Consular services fees for several nonimmigrant visa applications.
    • Fees for Border Crossing Cards for Mexican nationals age 15 and over.
    • J-Waiver fees, i.e., fees for the waiver of the two-year home-country physical presence requirement.
  • The exact fee amounts are not yet available, but White House Office of Management and Budget review is the last step in the rulemaking process before the State Department can publish the rule. The final text will be posted for public inspection at least one day before the rule is officially published.
  • Because the rule is classified as a “major rule,” an implementation delay of at least 60 days from the date of publication is likely.

Additional Information: The State Department says the increases will help ensure that “fees for providing these consular services better align with the costs of providing the services.” The consular fee increases are expected to be less dramatic than the proposed U.S. Citizenship and Immigration Services fee hikes. BAL will continue following the rule through the regulatory process and will provide updated information as it becomes available.

This alert has been provided by the BAL U.S. Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

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