DOS Final Rule Increasing Visa Application Fees and H-1B Cap Update
Department of State Increases Visa Application Fees
The U.S. Department of State (DOS) published a Final Rule on March 28, 2023, which raises key nonimmigrant/temporary visa application fees for individuals applying for visas at U.S. Consulates abroad. The increased fees, which take effect 60 days from 3/28/23, are as follows:
H, L, O, P, Q, and R nonimmigrant visa application fees: $205 per applicant (formerly $190)
E nonimmigrant visa application fee: $315 per applicant (formerly $205)
Non-petition-based nonimmigrant visa application fees other than those stated above: $185 per visa applicant (formerly $160)
Border Crossing Card: $185 per applicant (formerly $160)
The Final Rule is published in full here.
H-1B Cap Update
U.S. Citizenship and Immigration Services (USCIS) has received enough electronic registrations during the initial registration period in March 2023 to reach the fiscal year (FY) 2024 H-1B cap, including the regular cap and master’s cap. ImLaw has notified clients with selected registrations and will prepare the H-1B petition packages for filing with USCIS within the required 90-day window, which is April 1 - June 30, 2023. ImLaw has also notified clients with unselected registrations and will explore with them any available alternatives to the H-1B, including, but not limited to, the options discussed in our blog post.
For unselected registrations, the online status will continue to indicate “Submitted”, and the registration will remain in consideration for possible future selection until USCIS announces otherwise. USCIS reserves all unselected cap registrations in the event that 1) a selected registrant does not file an actual H-1B petition with USCIS in the prescribed 90-day period, 2) a selected and filed H-1B cap petition is denied by USCIS on the merits, or 3) a selected and filed H-1B cap petition is withdrawn by the employer. For historical perspective, in July 2020 and July 2021, USCIS conducted a second lottery (and even a third lottery in November 2021). However, in 2022, USCIS did not conduct a second lottery.
The full update from USCIS is available here. ImLaw will continue to keep you updated on significant developments regarding the FY2024 H-1B cap season.
Questions? Contact the ImLaw team.