On December 14, 2009, the Department of State (DOS) announced its proposed rule to increase the nonimmigrant visa application processing fees, also called the Machine-Readable Visa (MRV) fee, and Border Crossing Card (BCC) fees.

The proposed rule would implement increased MRV fees based on a tiered system designating separate fees for certain visa categories. The rule would also apply to border crossing cards issued to certain adult applicants in Mexico.

According to the DOS, the proposed new fees are meant to ensure that the cost of processing nonimmigrant visas and border crossing cards are sufficiently covered. Currently the MRV fee (US$131.00) does not cover the processing costs for the nonimmigrant visas the DOS contends. Moreover, the increased fees reflect the higher cost associated with processing certain visa categories, for instance, the K visas for fiance(e)s of U.S. citizens (Fiance(e) visa) and E visas for treaty-traders and treaty-investors (Treaty-Trader/Investor visa).

Under the proposed rule, applicants for all non petition-based visas, including B1/B2 business and tourist visitor, student and exchange-visitor visas, would pay a fee of US$140. Applicants for petition-based visas would pay an application fee of US$150. Petition-based visa categories include the following

• H visa for temporary workers and trainees;
• L visa for intracompany transferees;
• O visa for aliens with extraordinary ability;
• P visa for athletes, artists and entertainers;
• Q visa for international cultural exchange visitors; and
• R visa for religious occupations.

Further, the application fee for K Fiancee visa would be increased to US$350 and the application fee for E Treaty-Trader/Investor would be US$390 under the proposed rule.

The new fees will go into effect at the end of the DOS's comment period.