DOS Changes Certain NIV and IV Fees

On February 2, 2005, the U.S. Department of State (DOS) issued a Final Rule in the Federal Register that changes some of the fees the DOS charges for certain processes. The rule is effective as of March 8, 2005.

The rule adds the $500 Fraud Prevention and Detection fee for L1B visa applicants obtaining an L1B visa based on a blanket L-1 approval for an employer. This fee is required by law under the Omnibus Bill, signed on December 8, 2004. For more information on the Omnibus Bill, see our December 8, 2004 NewsFlash, Omnibus Bill Signed – USCIS Clarifications, available on MurthyDotCom. L1A visa applicants and non-blanket L1B applicants will not have to pay this fee to the consulate. The employers in these cases already would have paid the $500 fee to the USCIS at the time of filing those applications on behalf of their employees. This is similar to the H1B $500 fraud prevention fee paid by the H1B-sponsoring employer at the time of filing the H1B petition with the USCIS.

For those seeking immigrant visas, the new rule adds a $45 visa security surcharge to the immigrant visa fee. The diversity lottery immigrant visa fee has also been raised from $100 to $375.

The fee for processing a waiver of the J-1 two-year home residency requirement decreased from $230 to $215. This is the only fee that decreased.

It is important to check the fees before filing for any benefit to ensure that the correct fees are paid. Otherwise, the file will be rejected for failure to comply with the preliminary requirements and there will likely be delays in processing the case.

Disclaimer: The information provided here is of a general nature and may not apply to any specific or particular circumstance. It is not to be construed as legal advice nor presumed indefinitely up to date.