Rule2025-17851
Schedule of Fees for Consular Services, Department of State and Overseas Embassies and Consulates-Visa Services Fee Changes
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
September 16, 2025
Effective
September 16, 2025
Issuing agencies
State Department
Abstract
The Department of State ("Department") proposes an adjustment to the Schedule of Fees for Consular Services of the Department of State's Bureau of Consular Affairs ("Schedule of Fees" or "Schedule") to establish a $1 fee to register for the Diversity Visa lottery program. This change will more fairly place the burden of the lottery registration on individuals seeking the benefit of gaining access to the DV application process instead of charging only the small percentage of successful registrants for the costs associated with administering the lottery program for all registrants. To effect this change to the DV program, the Department is also amending its regulations to note that an electronic registration fee will be collected at the time of registration.
Full Text
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<title>Federal Register, Volume 90 Issue 177 (Tuesday, September 16, 2025)</title>
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[Federal Register Volume 90, Number 177 (Tuesday, September 16, 2025)]
[Rules and Regulations]
[Pages 44524-44527]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-17851]
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DEPARTMENT OF STATE
22 CFR Parts 22 and 42
[Public Notice: 12819]
RIN 1400-AG09
Schedule of Fees for Consular Services, Department of State and
Overseas Embassies and Consulates--Visa Services Fee Changes
AGENCY: Department of State.
ACTION: Final rule.
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SUMMARY: The Department of State (``Department'') proposes an
adjustment to the Schedule of Fees for Consular Services of the
Department of State's Bureau of Consular Affairs (``Schedule of Fees''
or ``Schedule'') to establish a $1 fee to register for the Diversity
Visa lottery program. This change will more fairly place the burden of
the lottery registration on individuals seeking the benefit of gaining
access to the DV application process instead of charging only the small
percentage of successful registrants for the costs associated with
administering the lottery program for all registrants. To effect this
change to the DV program, the Department is also amending its
regulations to note that an electronic registration fee will be
collected at the time of registration.
DATES: This final rule is effective September 16, 2025.
ADDRESSES: Please visit <a href="http://regulations.gov">http://regulations.gov</a> and search for docket
number DOS-2025-0302.
FOR FURTHER INFORMATION CONTACT: Steve Jacob, Office of the
Comptroller, Bureau of Consular Affairs, Department of State; phone:
771-204-4677; email: <a href="/cdn-cgi/l/email-protection#31775454427142455045541f565e47"><span class="__cf_email__" data-cfemail="1a5c7f7f695a696e7b6e7f347d756c">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
This rule makes a change to Item 33 of the Schedule of Fees by
adding a $1 fee to register for the DV lottery in addition to the $330
Diversity Visa Application fee. The cost of managing the DV lottery
historically has been included in the Diversity Visa Application fee as
authorized by law. See 8 U.S.C. 1153 (note) (noting that the Diversity
Visa Application fee ``may be set at a level that will ensure recovery
of the cost to the Department of State of allocating visas under such
section, including the cost of processing all applications
thereunder''). By creating a new fee for the lottery registration, the
Department will more fairly put the cost of managing the lottery on
those who register for it. This change will also help to reduce
specious registrations by actors seeking to exploit unsuspecting
potential entrants.
To effect this change to the DV program, the Department is also
amending 22 CFR 42.33(b)(3) by deleting the following sentence: ``No
fee will be collected at the time of submission of a petition, but a
processing fee may be collected at a later date, as provided in
paragraph (i) of this section.'' In addition, the Department is
amending 22 CFR 42.33(i) to note that a registration fee will be
collected through an authorized U.S. Government payment portal at the
time of registration, prior to submission and completion of the
registration.
What is the authority for this action?
Sec. 636 of Public Law 104-208, div. C, Title VI, 110 Stat. 3009-
703, reproduced at 8 U.S.C. 1153 (note), authorizes the Secretary of
State to collect and retain a ``Diversity Immigrant Lottery Fee.''
Under this fee authority, the Secretary of State may establish and
retain a fee to recover the costs of ``allocating visas'' described in
8 U.S.C. 1153, i.e., running the DV lottery pursuant to 8 U.S.C.
1154(a)(1)(I), and to recover the costs of ``processing applications''
for diversity immigrant visas submitted by selectees of the lottery.
Per the authority, the Department is permitted but not required to
build the costs of running the lottery into the DV application fee. The
DV application fee was last adjusted in 2012, when it was lowered from
$440 to $330.
In addition to the specific DV application fee authority, the
Department derives the general authority to establish cost-based
consular fees from the general user charges statute, 31 U.S.C. 9701.
See, e.g., 31 U.S.C. 9701(b)(2)(A) (``The head of each agency . . . may
prescribe regulations establishing the charge for a service or thing of
value provided by the agency . . . based on . . . the costs to the
government.''). The President also has the power to set the amount of
fees to be charged for consular services provided at U.S. embassies and
consulates abroad pursuant to 22 U.S.C. 4219, and has delegated this
authority to the Secretary of State, E.O. 10718 (June
[[Page 44525]]
27, 1957). The Department is relying on these authorities to establish
this fee to register for the DV lottery, and is shifting the costs of
running the lottery from the DV application fee to the $1 lottery
registration fee.
In the absence of a specific statutory fee retention authority,
fees collected for consular services must be deposited into the general
fund of the Treasury pursuant to 31 U.S.C. 3302(b).
Why is the Department adjusting fees at this time?
The Department is creating a $1 fee to register for the DV lottery
program. This $1 fee reflects the operational costs of running the
annual DV lottery. These include the annual review and update of the
systems required to collect the lottery form submissions, data storage,
automated randomized selection of lottery winners, and associated
security reviews. The Diversity Visa application fee will continue to
cover all other costs associated with administering the Diversity Visa
program. The costs associated with the lottery that are currently
included in the DV application fee would be removed from that fee, but
the overall cost per accepted applicant is low enough that the DV fee
would not be immediately reduced. The Department reviews consular fees
periodically, including through an annual update to its Cost of Service
Model, to determine appropriateness of each fee consistent with OMB
guidance. The Department will review the DV fee in its next model
update and adjust the DV application fee if and as needed at that time.
Separating the DV lottery process from the DV application process
more fairly places the cost burden of the lottery registration on
individuals who seek the benefit of gaining access to the DV lottery
instead of charging the small percentage of successful registrants for
the increased costs associated with administering the program for all
registrants. With certain exceptions--such as the reciprocal
nonimmigrant visa issuance fee--the Department generally sets consular
fees at an amount calculated to achieve recovery of the costs to the
U.S. government of providing the consular service, in a manner
consistent with general user charges principles, regardless of the
specific statutory authority under which the fees are authorized. As
set forth in OMB Circular A-25, as a general policy, each recipient
should pay a reasonable user charge for government services, resources,
or goods from which he or she derives a special benefit, at an amount
sufficient for the U.S. government to recover the full costs to it of
providing the service, resource, or good. See OMB Circular No. A-25,
sec. 6(a)(2)(a). The OMB guidance covers all Federal Executive Branch
activities that convey special benefits to recipients beyond those that
accrue to the general public. See id., sections 4(a), 6(a)(1).
When will the Department of State implement this rule?
The Department intends to implement this rule 30 days after date of
publication.
Regulatory Findings
Administrative Procedure Act
The Department asserts the ``foreign affairs function'' exemption
to the Administrative Procedure Act (APA) (5 U.S.C. 553(a)(1)). This is
consistent with the Attorney General's opinion \1\ that was issued
concurrent with the passage of the APA that
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\1\ Attorney General's Manual on the Administrative Procedure
Act. (1947). United States: U.S. Department of Justice, pp. 26-27.
It is equally clear that the exemption is not limited to
strictly diplomatic functions, because the phrase ``diplomatic
function'' was employed in the January 6, 1945 draft of S. 7 (Senate
Comparative Print of June 1945, p. 6; Sen. Doc. p. 157) and was
discarded in favor of the broader and more generic phrase ``foreign
affairs function''. In the light of this legislative history, it
would seem clear that the exception must be construed as applicable
to most functions of the State Department and to the foreign affairs
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functions of any other agency. (emphasis added)
The subject matter of this final rule involves the collection of
visa fees through the Diversity Visa program. The administration of
this program is a foreign affairs function of the United States.
By requiring the $1 fee for all aliens who register for the
Diversity Visa program, the Department is shifting the burden of the
registration and random selection process to the group that seeks the
benefit of gaining access to the program, instead of only charging the
small percentage of successful registrants, who will still be
responsible for the costs associated with administering the remainder
of the program. This is a fairer way to administer the DV visa program.
Visas are issued by the Department of State to foreign citizens in
foreign countries. Accordingly, this rule is properly viewed as one
that ``clearly and directly involve[s] activities or actions
characteristic to the conduct of international relations.'' Capital
Area Immigrants' Rights Coal. v. Trump, 471 F. Supp. 3d 25, 53 (D.D.C.
2020); E.B. v. U.S. Dep't of State, 583 F. Supp. 3d 58, 64 (D.D.C.
2022). The D.C. Circuit likely would apply this test as well, as that
court has adopted a direct-involvement test for the analogous benefits
exception contained in the same subsection of the APA. Crafting visa
policy for the United States is inherently a foreign affairs function
under any test.
In addition, although the text of the Administrative Procedure Act
does not require an agency invoking this exemption to show that such
procedures may result in ``definitely undesirable international
consequences,'' some courts have required such a showing. E.g., Yassini
v. Crosland, 618 F.2d 1356, 1360 n.4 (9th Cir. 1980). As noted above,
the collection of this fee is intended in part to help to reduce
specious registrations by actors seeking to exploit unsuspecting
potential entrants. Because the publication of this rule for notice and
comment would provide opportunity for such actors to modify their
methods prior to the first DV registration in which the fee will be
implemented, such publication would more than likely result in such
undesirable international consequences. Accordingly, the promulgation
of a fee to be collected at the time of registration for the DV program
involves an inherently foreign affairs function of the Department of
State.
In addition, consistent with his statutory authority,\2\ the
Secretary of State has determined that all policy related to visa
operations and issuance, among other matters, constitutes a foreign
affairs function of the United States under the Administrative
Procedure Act (5 U.S.C. 553).\3\
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\2\ 22 U.S.C. 2656.
\3\ See Determination: Foreign Affairs Function of the United
States, 90 FR 12200 (Mar. 14, 2025).
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Regulatory Flexibility Act
This rule would not regulate ``small entities'' as that term is
defined in 5 U.S.C. 601(6) and as such would not have a significant
economic impact on a substantial number of small entities. The
Department affirms that this proposed rule will not have a significant
economic impact on a substantial number of small entities as defined in
5 U.S.C. 601(6).
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
[[Page 44526]]
Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1501-1504.
Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule as defined by 5 U.S.C. 804(2).
Executive Order 12866 (Regulatory Planning and Review) and Executive
Order 13563 (Improving Regulation and Regulatory Review)
The Department has reviewed this rule to ensure its consistency
with the regulatory philosophy and principles set forth in the
Executive Orders. OMB has determined that this rule is not significant
under Executive Order 12866.
The Department is establishing this fee in accordance with 31
U.S.C. 9701 and OMB Circular A-25, as described in more detail above.
See, e.g., 31 U.S.C. 9701(b)(2)(A) (``The head of each agency . . . may
prescribe regulations establishing the charge for a service or thing of
value provided by the agency . . . based on . . . the costs to the
Government.'').
Details of the proposed fee change are as follows:
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Estimated annual Estimated change
Item No. Proposed fee Current fee Change in fee Percentage number of in annual fees
increase applications \1\ collected \1\
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Schedule of Fees for Consular Services
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* * * * * * *
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Visa Services
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33. Diversity Visa application fee:
(a) Registration Fee.......................... $1 $0 $1 .............. 25,000,000 $25,000,000
(b) Application Fee........................... 330 330 0 .............. 62,000 0
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Total..................................... .............. .............. .............. .............. ................. 25,000,000
* * * * * * *
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\1\ Based on projected FY 2025 workload.
The Department of State anticipates that demand for the DV lottery
may decrease in part due to these fee changes.
Executive Orders 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 Executive Order 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 Executive Order 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 Executive Order 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 44 U.S.C. Chapter
35.
Executive Order 14192--Unleashing Prosperity Through Deregulation
This rule is not an Executive Order 14192 regulatory action because
it is being issued with respect to an immigration-related function of
the United States. The rule's primary direct purpose is to implement or
interpret the immigration laws of the United States (as described in
INA sec. 101(a)(17), 8 U.S.C. 1101(a)(17)) or any other function
performed by the U.S. Federal Government with respect to aliens.
List of Subjects
22 CFR Part 22
Fees; Foreign service: Immigration; Passports and visas.
22 CFR Part 42
Administrative practice and procedure; Aliens; Fees; Foreign
officials; Immigration; Passports and visas.
Accordingly, for the reasons stated in the preamble, the State
Department amends 22 CFR parts 22 42 as follows:
PART 22--SCHEDULE OF FEES FOR CONSULAR SERVICES--DEPARTMENT OF
STATE AND FOREIGN SERVICE
0
1. The authority citation for part 22 is revised to read as follows:
Authority: 8 U.S.C. 1101 note, 1153 note, 1183a note, 1351,
1351 note, 1713, 1714, 1714 note; 10 U.S.C. 2602(c); 11 U.S.C. 1157
note; 22 U.S.C. 214, 214 note, 1475e, 2504(a), 2651a, 4201,4206,
4215, 4219, 6551; 31 U.S.C. 9701; Exec. Order 10,718, 22 FR 4632
(1957); Exec. Order 11,295, 31 FR 10603 (1966).
0
2. In Sec. 22.1 amend the table ``Schedule of Fees for Consular
Services'' by revising entry 33 to read as follows:
Sec. 22.1 Schedule of Fees
* * * * *
[[Page 44527]]
Schedule of Fees for Consular Services
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Item No. Fee
------------------------------------------------------------------------
* * * * *
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Immigrant and Special Visa Services
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* * * * *
33. Diversity Visa Lottery:
(a) Registration Fee............................... $1
(b) Application Fee................................ 330
* * * * *
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PART 42--VISAS: DOCUMENTATION OF IMMIGRANTS UNDER THE IMMIGRATION
AND NATIONALITY ACT, AS AMENDED
0
3. Amend Sec. 42.33 by revising paragraphs (b)(3) and (i) to read as
follows:
Sec. 42.33 Diversity immigrants.
* * * * *
(b) * * *
(3) Submission of petition. A petition for consideration for visa
issuance under INA 203(c) must be submitted to the Department of State
by electronic entry to an internet website designated by the Department
for that purpose. The Department will establish a period of not less
than thirty days during each fiscal year within which aliens may submit
petitions for approval of eligibility to apply for visa issuance during
the following fiscal year. Each fiscal year the Department will give
timely notice of both the website address and the exact dates of the
petition submission period, as well as other pertinent information,
through publication in the Federal Register and such other methods as
will ensure the widest possible dissemination of the information, both
abroad and within the United States.
* * * * *
(i) Diversity Visa Lottery fee. (1) An electronic registration fee
will be collected at the time of registration.
(2) Consular officers shall collect, or ensure the collection of,
the Diversity Visa Lottery fee from those persons who apply for a
diversity immigrant visa, described in INA 203(c), after being selected
by the diversity visa lottery program. The Diversity Visa Lottery fee,
as prescribed by the Secretary of State, is set forth in the Schedule
of Fees, 22 CFR 22.1.
John L. Armstrong,
Senior Bureau Official, Bureau of Consular Affairs, U.S. Department of
State.
[FR Doc. 2025-17851 Filed 9-15-25; 8:45 am]
BILLING CODE 4710-06-P
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