On Jan. 19, 2021, the State Department issued a final rule that exempts some immigrant visa applicants from paying visa application fees. The rule, which was published in the Federal Register, applies specifically to immigrant visas that were denied under two travel bans imposed by the Trump administration. Non-immigrant visas, such as those with temporary intent like the H-1B or L-1 category, are not included in this rule.
Overview
The State Department's final rule allows individuals who were denied an immigrant visa between Dec. 8, 2017 and Jan. 19, 2020, inclusive, to reapply for their visa without paying the application fee and any supporting fees if their application was denied because they were barred from entering the U.S. under presidential proclamations 9645 and 9983.
Both presidential proclamations denied entry into the U.S. for many individuals traveling from specific countries.
Applicants will have their application fees waived only if a consular officer previously determined that their immigrant visa was denied solely because of presidential proclamations 9645 or 9983. Applicants whose immigrant visas were denied due to other reasons while the entry bans were in effect must still pay all applicable application fees. Immigrant visa fee information maintained by the Department of State can be found here.
Looking Ahead
The final rule is effective immediately following its publication on Jan. 19, 2021.
Originally published 21, January 2022
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