Member Article

Citing an independent cost of service study’s findings that the U.S. Government is not fully covering its costs for the processing of visas, the Department of State has announced its intention to increase visa fees. The rule, which will go into effect on June 4, 2010, would increase fees for certain non-petition-based nonimmigrant visas and some Border Crossing Cards.

The rule introduces new application fees for certain visa categories: a) H (temporary workers and trainees), L (intracompany transferee), O (aliens with extraordinary ability), P (athletes, artists and entertainers), Q (international cultural exchange visitors) and R (aliens in religious occupations) visa applications – will increase to $150; b) E category visas for treaty-trader or treaty investor – will increase to $390; and c) K category visas for fiancé(e) and certain spouses of U.S. citizens – will increase to $350. The new fees are application fees only and do not eliminate existing visa reciprocity fees which are assessed once the application is approved. For those who have pending visa applications, the fee in force on the date of the interview is the fee which must be paid by the applicant. Some consular posts will publish procedures on how to pay supplemental fees in cases for which interviews have been scheduled on or after June 4, 2010.

Finally, Border Crossing Card fees will be increased. Adult border crossing cards are raised from $131 to $140, and Mexican Citizen minors under 15 years of age, who apply in Mexico and whose parent/guardian already has a Border Crossing Card or is also seeking one, will now pay $14. Further, although it is still only a consideration, the Department is reported to be examining the possibility of offering expedited visa service in exchange for a higher fee.

Visa Waiver Program - No More I-94W

Following a seven month pilot program the use of paper I-94W forms will be eliminated for Visa Waiver Program (“VWP”) travelers who have an approved Electronic System for Travel Authorization (“ESTA”) document. Since January 12, 2009, it has been mandatory for all nationals of VWP countries to apply for an ESTA prior to boarding a carrier for travel to the United States by air or sea. The VWP enables nationals of 36 countries to travel to the U.S. without a visa for up to 90 days. This elimination of the paper 1-94W forms is expected to bolster security, increase convenience and better protect privacy. Moreover, it will eradicate the double screening process – the ESTA before travel and the I-94W upon arrival – which has been in place for VWP tourists since early 2009. As with the current VWP, this change will not affect U.S. Citizens or citizens of VWP or non-VWP countries who hold a valid U.S. visa.

The Green Card

On May 11, 2010, U.S. Citizenship and Immigration Services announced that it is redesigning the Permanent Resident Card to incorporate new security features. These features are designed to deter immigration fraud and facilitate quicker authentication. Among the redesigned information, the card will also include biometric data, holographic images, laser engraved fingerprints and Radio Frequency Identification (RFID) capacity, which allows scanning from a distance. Finally, the card will be green – in keeping with its common nickname. The new cards will be introduced via new applicants, renewals and replacements.

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