The United States is creating a new international visitors “visa integrity fee.” The new surcharge will impose at least an additional $250 payment in addition to the already high cost of a visa application. Beginning in fiscal year 2025, we are going to put this fee. The dollar figure can be adjusted according to a formula established in consultation by the Secretary of Homeland Security.
The original fee is $250, to be updated according to future rulemaking. Its stated goal is to enhance immigration enforcement and reduce visa overstays. In FY 2024, the U.S. has so far issued almost 11 million nonimmigrant visas. This number represents the significant portion of international travelers who will now be affected by this new fee.
The exemption will continue for tourists and business travelers from countries that are part of the Visa Waiver Program. The Visa Waiver Program includes Australia and most European countries. This means that citizens from these countries can travel to the U.S. for tourism or business purposes for up to 90 days without a visa.
Steven A. Brown, an immigration attorney, dismissed the fee as a “refundable security deposit.” He said there doesn’t yet seem to be a clear mechanism for getting a refund. Brown expressed skepticism about the purpose of the fee, stating, “In terms of the purpose of the fee, it’s hard to say.” He went on to elaborate that “in principle, immigration fees should serve to defray the cost of adjudication or issuance.”
Even worse, the complexity of the new fee structure will likely confuse and deter would-be visitors. He pointed out that there is always a likelihood that even though the fee is technically reimbursable, the increased complexity and cost will deter visitors.
We expect that the fee’s implementation will require a notice-and-comment rulemaking process, with a notice of proposed rulemaking published in the Federal Register. In fact, a spokesperson from the Department of Homeland Security itself acknowledged that their own proposed visa integrity fee needs “cross-agency coordination before implementation.”
The justification for adding this new fee is still a bit unclear. A spokesperson from the State Department indicated that it aims “to support the administration’s priorities of strengthening immigration enforcement, deterring visa overstays, and funding border security.”
