WASHINGTON—The United States will begin charging a new “visa integrity fee” when issuing visas to foreign nationals for admission to the country.
The fee will not come into effect immediately. The government will have to initiate a rulemaking process to issue a regulation regarding the fee, which will entail a public comment period per the Administrative Procedure Act, a process that can take more than a year and is subject to legal challenges.
The fee will raise the cost for visiting the United States but may be refunded subject to certain conditions.
Who Is Subject to the Fee?
The law specifies that all foreign nationals requesting a nonimmigrant visa must pay the fee. Nonimmigrant visas are a type of visa issued to most foreign nationals who visit the United States for temporary periods; the other type are immigrant visas, which eventually allow foreign nationals to permanently reside in the country.Who May Be Exempt From the Fee?
Though the fee will be required by almost all nonimmigrants to the United States, there are some notable exemptions. These are either foreigners who normally do not require nonimmigrant visas, or those who are special visitors.Citizens of the United Kingdom, most countries in the European Union—except Bulgaria, Cyprus, and Romania—Switzerland, San Marino, Liechtenstein, Monaco, Japan, South Korea, Australia, New Zealand, Israel, Brunei, Qatar, and Singapore who are eligible for the Visa Waiver Program will be exempt from the fee.
Furthermore, visitors who are admitted for official purposes—such as diplomats and consular officials on A-status, international organization officials on G-status, and NATO military officials on NATO-status—may not be required to pay the fee.
Though the statute specifies that no waivers or reductions are permitted, diplomatic considerations may lead to their personal exemption from the fee. For such visitors, the foreign government or organization that sends them to the United States endorses their presence, meaning they are unlikely to overstay their status in the country and violate U.S. law.
Separately, all immigrants to the United States will be exempt from the fee. Those who receive immigrant visas are authorized to enter the United States to live and work. An immigrant visa is not necessarily a “green card” (or Lawful Permanent Resident status) but all typically lead to a green card.
Fiancées (and their dependents) of U.S. citizens who enter on K-status are may not be charged the fee, even though they receive a K-status nonimmigrant visa. This is because they are considered intending immigrants who will adjust status to permanent residency within the United States, an intention that is normally prohibited when a nonimmigrant seeks admission.
When May the Fee Be Refunded?
The law specifies that the Visa Integrity Fee may be refunded under certain conditions. The word “may” indicates that the government is not required to refund the fee, though it is permitted to do so.Two conditions are outlined for a refund: The first is that the foreigner must have “complied with all conditions of such nonimmigrant visa, including the condition that an alien shall not accept unauthorized employment.”
In order words, they must obey all the laws of the United States while in the country and cannot work for income without approval from USCIS. B-1/B-2 visa holders are prohibited from employment in the United States, while other nonimmigrant may be employed with restrictions.
The second condition is that a foreign national must depart from the United States within five days after their period of admission expires. A “period of admission” is different from the length of validity of a nonimmigrant visa, as some statuses only permit the foreigner to remain in the country for short periods of time—for example, 10-year B-1/B-2 visa holders may only remain in the United States for a maximum of 180 days on any given visit.
Hence, any foreign national who remains for five days after such a period expires will be ineligible for a refund of the fee, which acts as an incentive to leave the U.S. in a timely manner.
However, the law specifies an exemption for certain foreigners who change their nonimmigrant status—for example, F-1 students who receive H-1B status—or who adjust their status to that of permanent residents—such as O-1 workers receiving “green cards”—usually by petition to USCIS. Even though these people may remain in the United States beyond the duration of their admission period, such as when waiting for a petition’s approval, they may receive a refund of the fee.
There is no current timeline on when the fee will come into effect. A spokesperson for the Department of Homeland Security told The Epoch Times that “the visa integrity fee requires cross-agency coordination before implementation.”







