Rule2023-06290
Schedule of Fees for Consular Services-Nonimmigrant and Special Visa Fees
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 28, 2023
Effective
May 30, 2023
Issuing agencies
State Department
Abstract
This rule adopts as final adjustments to the Schedule of Fees for Consular Services (Schedule of Fees) for several nonimmigrant visa (NIV) application processing fees and the Border Crossing Card (BCC) for Mexican citizens age 15 and over. These adjustments are based on the findings of the most recently approved update to the Cost of Service Model (CoSM) and incorporate revised projections for nonimmigrant visa demand. This rule also addresses public comments received by the Department on the originally proposed fee recommendations found in the notice of proposed rulemaking (NPRM).
Full Text
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<title>Federal Register, Volume 88 Issue 59 (Tuesday, March 28, 2023)</title>
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[Federal Register Volume 88, Number 59 (Tuesday, March 28, 2023)]
[Rules and Regulations]
[Pages 18243-18248]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-06290]
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DEPARTMENT OF STATE
22 CFR Part 22
[Public Notice: 11954]
RIN 1400-AF33
Schedule of Fees for Consular Services--Nonimmigrant and Special
Visa Fees
AGENCY: Department of State.
ACTION: Final rule.
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SUMMARY: This rule adopts as final adjustments to the Schedule of Fees
for Consular Services (Schedule of Fees) for several nonimmigrant visa
(NIV) application processing fees and the Border Crossing Card (BCC)
for Mexican citizens age 15 and over. These adjustments are based on
the findings of the most recently approved update to the Cost of
Service Model (CoSM) and incorporate revised projections for
nonimmigrant visa demand. This rule also addresses public comments
received by the Department on the originally proposed fee
recommendations found in the notice of proposed rulemaking (NPRM).
DATES: This final rule is effective on May 30, 2023.
FOR FURTHER INFORMATION CONTACT: Johanna Cruz, Management Analyst,
Office of the Comptroller, Bureau of Consular Affairs, Department of
State; phone: 202-485-8915; email: <a href="/cdn-cgi/l/email-protection#c4a2a1a1b784b7b0a5b0a1eaa3abb2"><span class="__cf_email__" data-cfemail="8ceae9e9ffccfff8edf8e9a2ebe3fa">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
This rule makes changes to the Schedule of Fees, found at 22 CFR
22.1. The Department generally sets and collects fees for consular
services based on the concept of full cost recovery to the U.S.
Government. The Department's CoSM uses an Activity-Based Costing (ABC)
methodology to calculate annually the direct and indirect costs to the
U.S. Government associated with each consular good and service the
Department provides. The CoSM provides a comprehensive and detailed
look at all consular services as well as all services that the
Department performs for other agencies in connection with its consular
operations. Fees are based on these cost estimates and the Department
aims to update the Schedule of Fees biennially unless a significant
change in costs warrants an immediate recommendation to amend the
Schedule.
The most recently approved update to the CoSM indicated that fee
increases were needed to fully recover the costs of providing several
categories of NIV services. As a result, the Department published an
NPRM in the Federal Register on December 29, 2021 (86 FR 74018), for a
60-day public comment period that ended on February 28, 2022. The NPRM
proposed the following increases:
<bullet> The application processing fee for non-petition-based
nonimmigrant visas (except E category), from $160 to $245;
<bullet> The application processing fee for H, L, O, P, Q, and R
category nonimmigrant visas, from $190 to $310;
<bullet> The application processing fee for E category nonimmigrant
visas, from $205 to $485;
<bullet> The processing fee for BCCs for Mexican citizens age 15
and over from $160 to $245: and
<bullet> The fee for waiver of the two-year residency requirement
for exchange visitors, from $120 to $510.
As discussed in more depth in the NPRM, the unit costs that inform
the recommended fees for each NIV service were calculated by taking the
total cost of each service and dividing by the 10-year average number
of receipts (i.e., demand) for that service.
The fee increases that will be implemented as a result of this
final rule are smaller than those proposed in the NPRM due to revised
projections for fiscal year (FY) 2022-2024 demand. The CoSM uses
historical workloads as well as projected future workloads to calculate
demand for each service. Projecting future demand is extremely
difficult because travel for both U.S. citizens and foreign nationals
can change quickly and dramatically, as demonstrated by the COVID-19
pandemic. Therefore, the current model update applied a 10-year average
for workload volumes for NIVs, using historic workload actuals from FYs
2015-2019 and projected workload volumes for FYs 2020-2024. Using a 10-
year average helped minimize the impact of demand volatility on unit
cost calculations. Recognizing that actual demand will always vary,
this practical approach helped to stabilize fees at an amount
sufficient to recover costs with only a modest increase to the
consumer. See 86 FR 74018, 74020-21.
The fee increases proposed in the NPRM were based on a 10-year
average of 7.7 million NIVs of all classes per year. After the NPRM was
issued, however, it became apparent that demand for NIVs was rebounding
significantly faster than previously anticipated and that actual demand
would exceed the projected volume in the NPRM. The Department therefore
decided to recalculate demand before moving forward with the final rule
to ensure that it did not implement fees in
[[Page 18244]]
excess of its actual costs. In its revised analysis, the Department
included historic actual workload amounts for FY2015-2021 (rather than
FY2015-2019 as in the original recommendations) and revised projected
workload amounts for FY2022-2024. As with the original calculations,
the Department divided the total actual and projected demand by 10,
which resulted in a revised 10-year average of 9.5 million NIVs of all
classes per year.
[GRAPHIC] [TIFF OMITTED] TR28MR23.000
Because actual costs and level of effort for most categories of
NIVs have been relatively stable over this period, the significant
increase in average demand generates a corresponding decrease in the
unit costs of providing these services. As a result, the Department
will implement smaller fee increases than originally proposed for all
categories of NIVs.
The Department is also postponing the fee increase for the exchange
visitor waiver of two-year residency requirement (``J-Waiver'') fee.
Unlike machine-readable visa (MRV) fees, which must be set at the cost
of providing nonimmigrant visa application processing and border
crossing card processing services, see 8 U.S.C. 1713(b); 8 U.S.C. 1351
(note), the Department has discretion to take factors other than cost
into account when setting the J-Waiver fee. See 31 U.S.C. 9701
(permitting the Government to consider ``other relevant facts'' in
addition to costs when setting fees); Office of Management and Budget
(OMB) Circular A-25, Section 6(c)(2)(b) (recognizing exceptions to the
general policy of full cost recovery when conditions exist that justify
an exception); see also 22 U.S.C. 1475e (authorizing the Department to
retain fees related to Exchange Visitor Program services ``to such
extent as may be provided in advance in appropriations acts'' and
expend such fees for ``authorized purposes'' without specifying the
amount at which the fees much be set). Although the costs of providing
the J-Waiver service have increased as indicated in the NPRM, the
Department has assessed that currently available retained revenue from
this fee is sufficient to permit the Department to sustain the J-Waiver
service in the near term without raising the fee at this time.
Below are the adjustments to the fee recommendations in the NPRM
that the Department will implement in this final rule:
<bullet> The application processing fee for non-petition based NIVs
(except E category), will be raised from $160 to $185. This represents
a 15.6 percent increase over the current fee, but is $60 or 24.5
percent below the original proposal of $245.
<bullet> The application processing fee for H, L, O, P, Q, and R
category NIVs, will be raised from $190 to $205. This represents a 7.9
percent increase over the current fee, but is $105 or 33.9 percent
below the original proposal of $310.
<bullet> The processing fee for the BCCs for Mexican citizens age
15 and over will be raised from $160 to $185. This represents a 15.6
percent increase over the current fee, but is $60 or 24.5 percent below
the original proposal of $245.
<bullet> The fee for E category NIVs will be raised from $205 to
$315. This represents a 53.7 percent increase over the current fee, but
is $170 or 35 percent below the original proposal of $485.
<bullet> The fee for the exchange visitor waiver of two-year
residency requirement will be maintained at $120, instead of the
proposed $510.
As discussed above, the Department applied the same methodology to
calculate the revised fees and the relevant authorities found in the
NPRM apply to these revised fee recommendations. This rule also
addresses public comments received by the Department on the originally
proposed fee recommendations found in the NPRM.
Analysis of Comments
In the 60-day period following publication of the NPRM, the
Department received a total of 328 comments, 94 of which were
duplicates. The comments are categorized into the following general
topics.
Education
The Department received many comments related to the proposed
increase from $160 to $245 for non-petition based nonimmigrant visas
(except E category), which include all types of student visas. Sixty-
one commenters expressed concerns about the impact of the fee increases
on international education, including the following sub-topics: 10
comments on how the COVID-19 pandemic affects international students
and institutions of higher education in the United States; 11 comments
on how the English as a Second Language (ESL) community
[[Page 18245]]
might be affected; 6 comments on the Biden Administration's policies
for attracting international students; and 15 comments on the
possibility that an increase of this kind might drive international
students to seek educational opportunities in other countries. As
discussed above, this final rule implements only a $25 increase for
non-petition-based NIV fees, from $160 to $185. The Department believes
this modification largely addresses the issues raised by the
commenters, which appeared to be driven by financial impact on visa
applicants.
Gradual Increase
The Department received 19 comments from commenters who accepted
the proposed fee increases but requested that the Department delay the
increases to sometime in the future or make them more gradual. The
Department's decision to increase the non-petition-based NIV (except E
category) fee by only $25 rather than $85 and to increase the NIV fee
for H, L, O, P, Q, and R category visas by only $15 rather than $120
for the reasons discussed above addresses the concerns raised by these
commenters.
Temporary Work Visas (Agricultural (H-2As) and Non-Agricultural (H-
2Bs))
The Department received 80 comments regarding the H-2 visa
programs. These comments were in response to the Department's original
proposal that would have increased the fee from $190 to $310, and
generally asserted that agricultural businesses cannot absorb a 63
percent increase to H-2 visa fees. The comments also asserted that with
rising prices across the board (e.g., increases in the Adverse Effect
Wage Rate (AEWR)), the fee increase would put them out of business. As
discussed in the NPRM, the impact of the proposed fee increases on the
overall cost of bringing over an H-2 worker would have been minimal. If
implemented, the proposed fee would have raised the total cost by just
over one percent, from $10,367 ($10,177 + $190) to $10,487 ($10,177 +
$310). See 86 FR 74023. This final rule implements only a $15 increase
in petition-based NIV fees, from $190 to $205. Assuming the costs of
bringing over an H-2 worker have not increased since the NPRM was
issued, the total cost is now increasing by only .15 percent (from
$10,367 to $10,382). This is significantly less than originally
proposed, which should largely address the concerns of the commenters.
Adverse Effect Wage Rate (AEWR)
One commenter requested that if the fees are increased, then the
``AEWR should be removed, frozen, or replaced with a charge that isn't
constantly increased.'' The AEWR, which is determined by the U.S.
Department of Labor's Office of Foreign Labor Certification
Administrator for the purpose of preventing the employment of H-2A
workers from adversely affecting the wages of U.S. workers similarly
employed, see 8 U.S.C. 1188(a)(1)(B), is ``[t]he annual weighted
average hourly wage for field and livestock workers (combined) in the
States or regions as published annually by the U.S. Department of
Agriculture (USDA) based on its quarterly wage survey.'' 20 CFR
655.103(c). An employer whose Application for Temporary Employment
Certification in the H-2A program has been certified by the Department
of Labor must offer, advertise in its recruitment, and pay a wage that
is at least the highest of the AEWR, a prevailing wage rate, an agreed-
upon collective bargaining wage, the Federal minimum wage, or the State
minimum wage. 20 CFR 655.120(a). The Department recognizes that an AEWR
or other minimum wage under the H-2A program may impose a financial
burden on agricultural employers; however, it is a requirement imposed
by the Immigration and Naturalization Act, as implemented by the
Department of Labor's H-2A regulations, which is outside the scope of
this rulemaking.
Tourism
The Department received one comment that specifically discussed the
impact the proposed fee increases could have on tourism demand. The
NPRM examined the costs associated with tourist visits to the United
States and the potential impact of the original proposed fee increase
on demand for tourism. Our analysis showed that even with the
originally proposed $85 increase, from $160 to $245, the impact on
tourism likely would have been minimal.
Due to the revised demand projections, the Department is now
implementing only a $25 increase to the fee for non-petition based NIVs
(except E category). Assuming the average costs of travel to the United
States ($4,834) have not increased since the publication of the NPRM,
then the adjustment to the fee will increase the total cost of a trip
from $4,994 ($4,834 + $160) (current rate) to $5,019 ($4,834 + $185),
which is less than one-half of one percent. Thus, the impact on tourism
almost certainly will be negligible.
The commenter also mentioned that by increasing the tourist visa
fee, the Department risks increased reciprocity fees imposed by other
countries, which will negatively impact Americans who wish to travel
internationally. The Department acknowledges this risk but must set MRV
fees to recover the costs of providing these services. See 8 U.S.C.
1713(b).
Evidence of Reason for Increase
The Department received six comments requesting additional evidence
to help commenters understand the reasons for the increases. As
detailed in the NPRM, while costs for non-petition-based nonimmigrant
visas (except E category) and the petition-based nonimmigrant visa
services have increased modestly but steadily since the last adjustment
to these fees in 2012, demand for these visa categories has fluctuated
more dramatically from year to year. See 86 FR 74021. Because MRV fees
must be set at the cost of providing these services, 8 U.S.C. 1713(b),
the unprecedented, significant decrease in demand due to the COVID-19
pandemic had a substantial impact on the fee increases proposed in the
NPRM. Subsequently, the Department observed a considerable, unexpected
recovery in NIV demand and made the decision to reanalyze the proposed
fees in light of this rebound.
The Department cannot be certain why NIV demand has recovered more
quickly than expected. The recovery in demand may be attributable to a
variety of factors, including the increase in global vaccination rates,
relaxation of travel restrictions and reopening of international
borders, and gradual resumption of the Department's visa operations at
overseas posts. When the initial projected demand for 2021-2024 was
calculated, it was uncertain whether effective COVID-19 vaccines would
be globally available and what impact vaccination would have on demand
for NIVs. The relatively quick proliferation of COVID-19 vaccines
worldwide and the corresponding reductions in the risk of serious
illness and death due to COVID-19 may have increased individuals'
willingness to travel and the easing of restrictions made it
increasingly possible to do so. Regardless, because the CoSM assumed a
negative outlook for a longer period, the original demand projections
ultimately were too low.
The revised fee recommendation for E category NIVs reflects a
decrease of $170 from the original proposal, from $205 to $315 rather
than $485. As with the other categories of NIVs, the originally
[[Page 18246]]
proposed fee increase for E NIVs accounted for very low demand for this
service during the COVID-19 pandemic. As discussed in the NPRM,
however, the proposed increase also reflected an increased level of
effort on the part of the adjudicator. The most recent CoSM
demonstrated that consular staff spend significantly more time
providing this service than was captured previously. See 86 FR 74018,
74022. The fee that will be implemented includes NIV adjudication
efforts that were not previously captured in the current fee (as
discussed in the NRPM), and accounts for the improved outlook for E
visa demand.
Activity-Based Costing Methodology and Calculations
The Department received two comments related to its Activity-Based
Costing (ABC) methodology and calculations. One commenter pointed out
the ``vast majority of the cost of processing visa applications is
directly proportional to the number of applications'' and that CA
should consider fixed costs of services to be minimal in unit cost
calculations. The cost of processing visa applications is not directly
proportional to the number of applications. A significant portion of
costs are fixed, including costs for rent and utilities as well as
bureau, directorate, and post management. As discussed above, these
costs have increased steadily due primarily to inflation since the last
adjustments to these fees. Although the considerable fluctuations in
demand due to the COVID-19 pandemic had a greater impact on the
proposed fee increases, the rise in actual costs had an impact on the
fees as well.
One commenter mentioned that the Department's ABC model should
consider visa validity when calculating the fees for services. The
Department does not set NIV application processing fees based on the
number of years a visa is valid, because the costs associated with visa
processing do not vary significantly whether the length of validity is
one year or ten years, or whether a visa is for a single entry or
multiple entries.
Same Level of Service (Backlog)
The Department received four comments stating that the commenter
would gladly pay an increased fee for faster service (i.e., decreased
wait times), but did not support fee increases to obtain the same level
of service currently provided. The Department understands the concerns
regarding visa processing times. The COVID-19 pandemic resulted in
profound reductions in the Department's visa processing capacity, and
many embassies and consulates were able to provide only limited visa
services. As worldwide restrictions due to the COVID-19 pandemic ease,
the Department is focused on reducing wait times for all consular
services at our embassies and consulates overseas while also protecting
the health and safety of our staff and applicants when they come to
embassy or consular premises. Although local conditions and
restrictions at individual consular posts may continue to fluctuate,
embassies and consulates have broad discretion to determine how to
prioritize visa appointments among the ranges of visa classes as safely
as possible, subject to local conditions and restrictions. The
Department sets MRV fees at the cost of providing the service, see 8
U.S.C. 1713(b), and these fees are used to cover the costs of the
service, including the materials, office space, equipment, etc. needed
to process and produce NIVs.
Domestic Renewals (Visa Reissuance in the U.S. for Certain Visa
Holders)
The Department received 75 comments suggesting and requesting that
the Department resume domestic visa renewals for individuals who were
previously approved to receive certain visa classes (e.g., H-1B, H-4,
Green Cards) and previously provided biometrics. These commenters
assert that such renewals would eliminate the requirement for these
individuals to travel to their home country to renew their visas, where
they may need to remain for uncertain periods of time before they can
obtain interview appointments at the embassy or consulate.
The State Department provided domestic renewals until the 2002
Enhanced Border Security and Visa Entry Reform Act required that U.S.
visas issued after October 26, 2004, include biometric identifiers.
This, in turn, required visa holders to renew their visas outside the
United States, because domestic fingerprint collection was not feasible
at the time. The possibility of relying on previously collected
fingerprints would overcome one obstacle to resuming domestic renewal.
As part of the Department's ongoing commitment to exploring options to
make visa processing more efficient and accessible for all applicants,
the Department is assessing numerous logistical challenges that need to
be addressed in implementing such an initiative. The Department
continues to explore options to make visa processing more efficient and
accessible for all applicants.
Conclusion
The Department will adjust application processing fees for NIVs and
adult BCC fees in light of the Cost of Service Model's findings that
the U.S. Government is not fully recovering the costs of processing
applications for several categories of NIVs and the adult BCC. The
Department is postponing the fee increase for the J-Waiver fee, which
will remain at $120. In accordance with its statutory authorities and
consistent with OMB guidance, the Department sets user fees at a level
sufficient to recover the cost of providing services that provide
special benefits to an identifiable recipient beyond those that accrue
to the general public. See 31 U.S.C. 9701; OMB Circular A-25, sec.
6(a)(1), (a)(2)(a); see also 8 U.S.C. 1713(b). For this reason, the
Department will adjust the Schedule of Fees.
Regulatory Findings
Administrative Procedure Act
The Department published this rulemaking as a proposed rule and
provided 60 days for public comment. This final rule will be effective
60 days after publication, in accordance with 5 U.S.C. 801(a)(3).
Regulatory Flexibility Act
The Department has reviewed this rule and, by approving it,
certifies that it will not have a significant economic impact on a
substantial number of small entities as defined in 5 U.S.C. 601(6).
This rule adjusts the application processing fees for H, L, O, P, Q and
R category visas, which will account for approximately eleven percent
of the total nonimmigrant visa workload expected in FY2023. Although
the issuance of some of these visas is contingent upon approval by DHS
of a petition filed by a United States company with DHS, and these
companies pay a fee to DHS to cover the processing of the petition, the
visa itself is sought and paid for by an individual foreign national
overseas who seeks to come to the United States or, in some cases, an
employer applying on their behalf. The amount of the petition fees that
are paid by small entities to DHS is not impacted by the amount of the
visa fees paid by individuals to the Department of State. While small
entities may cover or reimburse employees for application processing
fees, the exact number of such entities that do so is unknown. Whether
or not small entities choose to reimburse the applicant for their
employment-based NIV fees, the $15 increase is not likely to have a
significant economic impact.
[[Page 18247]]
Unfunded Mandates Act of 1995
This rule will not result in the expenditure by state, local, and
tribal governments, in the aggregate, or by the private sector, of $100
million or more in any year, and it will not significantly or uniquely
affect small governments. Therefore, no actions were deemed necessary
under the provisions of the Unfunded Mandates Reform Act of 1995, 2
U.S.C. 1501-1504.
Congressional Review Act
This rule is a major rule as defined by 5 U.S.C. 804(2).
Executive Orders 12866 and 13563
The Department has reviewed this rule to ensure its consistency
with the regulatory philosophy and principles set forth in E.O. 12866
and E.O. 13563. OMB has determined that this rule is economically
significant under Executive Order 12866.
a. Need for the Regulatory Action
This final rule is necessary in light of the CoSM's findings that
costs associated with NIV application processing have increased since
the last update to these fees. The Department sets NIV application fees
commensurate with the costs of providing these services in accordance
with 8 U.S.C. 1713(b) and OMB Circular A-25. The increase in costs
therefore justify these adjustments through the rulemaking process.
b. Summary of Changes From the Current Rule
The following table summarizes the impact of this final rule:
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Projected
annual number Estimated Change in Change in
Item No. Proposed Current fee Change in Percentage of change in state retained remittance
fee fee increase applications annual fees fees to treasury
\1\ collected \2\
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SCHEDULE OF FEES FOR CONSULAR SERVICES
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* * * * * * *
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NONIMMIGRANT VISA SERVICES
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* * * * * * *
21. Nonimmigrant Visa Application
and Border Crossing Card Processing
Fees (per person)..................
(a) Non-petition-based $185 $160 $25 16 8,574,624 $214,365,600 $214,365,600 $0
nonimmigrant visa (except E
category)......................
(b) H, L, O, P, Q, and R 205 190 15 8 1,141,549 17,123,235 17,123,235 0
category nonimmigrant visa.....
(c ) E category nonimmigrant 315 205 110 54 69,326 7,625,860 7,625,860 0
visa...........................
(e) Border Crossing Card--age 15 185 160 25 16 1,400,236 35,005,900 35,005,900 0
and over (10 year validity)....
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IMMIGRANT AND SPECIAL VISA SERVICES
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
35. Special Visa Services
(b) Waiver of two-year residency 120 120 0 0 N/A N/A N/A 0
requirement....................
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Total....................... ........... ........... ........... .............. .............. $274,120,595 $274,120,595 0
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\1\ Application volume based on FY 2023 projected workload. FY 2023 is the year likely year of implementation.
\2\ Change in fee collection is based on FY2023 projected workload x change to fee.
As explained above, the results of the most recent CoSM indicate
that the costs of providing nonimmigrant visa services have increased
and therefore the current fees are not set at a level sufficient to
permit the Department to fully recover the costs of providing these
services. The Department relies exclusively on retained revenue from
consular fee collections to fund ongoing consular operations. The NIV
fees proposed by the Department are set to recover costs necessary to
support NIV operations, in accordance with 8 U.S.C. 1713(b) and OMB
Circular A-25. If any of these fees are set below costs, the
Department's Bureau of Consular Affairs would be operating at a
deficit. Such a situation could impact the Department's ability to
provide consular services to those who seek to travel to the United
States for tourism, education, or work-related reasons, by limiting
access to resources needed to adjudicate and produce visas. That
consequence, in turn, could have a negative effect on those aspects of
the U.S. economy that depends on these visitors and workers.
c. Time Horizon of the Analysis
The Department's CoSM is updated annually, and the Department aims
to update the Schedule of Fees biennially unless a significant change
in costs warrants an immediate recommendation to amend the Schedule. If
the results of the CoSM indicate a change in the cost (increase/
decrease) of providing a service, then adjustments to the relevant fees
will be made to ensure full cost recovery. Any future changes to the
fees, however, will not impact NIV holders during the period of their
visa's validity (generally 5-10 years).
d. Regulatory Alternatives
Due to the requirements of 8 U.S.C. 1713(b), there are no
alternatives to raising MRV fees. However, as discussed in the
preamble, the Department is finalizing lower increases than those
proposed in the NPRM due to the rebound in demand for NIVs. As in the
NPRM, the Department utilized 10-year average for demand to account for
pandemic-related volatility and the fact that demand for NIVs is still
in the process of recovering. The fees included in this rule are set at
the cost of providing the relevant nonimmigrant
[[Page 18248]]
visa services and are used to cover the costs of those services,
including the materials, offices, equipment, etc. needed to process and
produce NIVs.
Therefore, the Department has no alternative to this rulemaking; if
the Department does not recover costs for these NIV services, the
Department will be operating at a deficit and its consular operations
could be impeded.
e. Costs & Benefits of the Rule
The NPRM includes a section titled, ``Economic Impact'' that
demonstrated that the proposed fee increases resulted in minimal
increases in the totality of overall costs to both travelers and those
seeking work visas. The economic impact of these fee increases is also
discussed in the sections of this final rule responding to public
comments. For the reasons discussed, the Department does not believe
that the increased NIV application processing costs will deter non-U.S.
citizens from applying for visas, because these fee increases do not
significantly impact the costs of an applicant's travel to the United
States.
Although economic impact on individual applicants is minimal, these
fee increases will generate revenue that will be used to cover the
costs of providing consular services. This revenue will help guarantee
the continued functioning of the Department's consular operations,
which will provide a direct benefit to U.S. citizens. The fees set
through this rulemaking will not change unless and until the results of
a future CoSM indicate that they need to be adjusted. As noted above,
the Department does not anticipate any change in demand for visas
services because of this rulemaking. The cost of an NIV remains minor
in comparison with other costs associated with travel, education, or
hiring a worker from abroad, as detailed in the NPRM.
Executive Order 12372 and 13132
This regulation will not have substantial direct effects on the
states, on the relationship between the national government and the
states, or on the distribution of power and responsibilities among the
various levels of government. Therefore, in accordance with section 6
of E.O. 13132, it is determined that this rule does not have sufficient
federalism implications to require consultations or warrant the
preparation of a federalism summary impact statement. The regulations
implementing E.O. 12372 regarding intergovernmental consultation on
Federal programs and activities do not apply to this regulation.
Executive Order 13175
The Department has determined that this rulemaking will not have
tribal implications, will not impose substantial direct compliance
costs on Indian tribal governments, and will not preempt tribal law.
Accordingly, the requirements of E.O. 13175 do not apply to this
rulemaking.
Paperwork Reduction Act
This rule does not impose any new reporting or record-keeping
requirements subject to the Paperwork Reduction Act.
List of Subjects in 22 CFR Part 22
Consular services, Fees.
Accordingly, for the reasons stated in the preamble, 22 CFR part 22
is amended as follows:
PART 22--SCHEDULE OF FEES FOR CONSULAR SERVICES--DEPARTMENT OF
STATE AND FOREIGN SERVICE
0
1. The authority citation for part 22 continues to read as follows:
Authority: 8 U.S.C. 1101 note, 1153 note, 1157 note, 1183a note,
1184(c)(12), 1201(c), 1351, 1351 note, 1713, 1714, 1714 note; 10
U.S.C. 2602(c); 22 U.S.C. 214, 214 note, 1475e, 2504(h), 2651a,
4206, 4215, 4219, 6551; 31 U.S.C. 9701; E.O. 10718, 22 FR 4632, 3
CFR, 1954-1958 Comp., p. 382; E.O. 11295, 31 FR 10603, 3 CFR, 1966-
1970 Comp., p. 570.
0
2. In Sec. 22.1, amend the table by revising entries 21(a), (b), (c),
and (e) under the heading ``Nonimmigrant Visa Services'' to read as
follows:
Sec. 22.1 Schedule of fees.
* * * * *
Schedule of Fees for Consular Services
------------------------------------------------------------------------
Item No. Fee
------------------------------------------------------------------------
* * * * * * *
------------------------------------------------------------------------
Nonimmigrant Visa Services
------------------------------------------------------------------------
* * * * * * *
21. Nonimmigrant Visa Application and Border Crossing
Card Processing Fees (per person)
(a) Non-petition-based nonimmigrant visa (except E $185
category)........................................
(b) H, L, O, P, Q and R category nonimmigrant visa 205
(c) E category nonimmigrant visa.................. 315
* * * * * * *
(e) Border crossing card--age 15 and over (10 year 185
validity).........................................
* * * * * * *
------------------------------------------------------------------------
Rena Bitter,
Assistant Secretary, Bureau of Consular Affairs, Department of State.
[FR Doc. 2023-06290 Filed 3-27-23; 8:45 am]
BILLING CODE 4710-06-P
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