79064 Federal Register / Vol. 79, No. 250 / Wednesday, December 31, 2014 / Rules and Regulations 

DEPARTMENT OF STATE 

22 CFR Part 22 

[Public Notice:8990] 

RIN 1400–AD72 

Schedule of Fees for Consular 

Services, Department of State and 

Overseas Embassies and 

Consulates—Visa Services Fee 

Changes 

ACTION: Final rule. 

AGENCY: Department of State. 

SUMMARY: The Department of State 

amends the Schedule of Fees for 

Consular Services (Schedule) for visa 

fees. More specifically, the rule amends 

the Border Crossing Card fee paid by a 

Mexican citizen under age 15 whose 

parent or guardian has applied or is 

applying for a border crossing card (the 

‘‘reduced Border Crossing Card fee’’). 

The Department of State is increasing 

the fee in light of the passage of the 

Emergency Afghan Allies Extension Act 

of 2014, which added a $1 surcharge to 

the fees for Machine Readable Visa 

(MRV) and Border Crossing Card (BCC) 

application processing. The Department 

must raise the reduced Border Crossing 

Card fee by $1, for a total fee of $17, to 

continue to collect the legislatively 

mandated fee amount of $13 and all 

applicable surcharges. 

DATES: Effective January 1, 2015, except 

for the amendment to § 22.1 in 

amendatory instruction 3, which is 

effective October 4, 2015. 

ADDRESSES: Interested parties may 

contact the Department by any of the 

following methods: 

• Visit the Regulations.gov Web site 

at: http://www.regulations.gov and 

search the RIN, 1400–AD72 or docket 

number DOS–2014–0029. 

• Mail (paper, disk, or CD–ROM): 

U.S. Department of State, Office of the 

Comptroller, Bureau of Consular Affairs 

(CA/C), SA–17 8th Floor, Washington, 

DC 20522–1707. 

• Email: fees@state.gov. You must 

include the RIN (1400–AD72) in the 

subject line of your message. 

FOR FURTHER INFORMATION CONTACT: 

Celeste Scott, Special Assistant, Office 

of the Comptroller, Bureau of Consular 

Affairs, Department of State; phone: 

202–485–6681, telefax: 202–485–6826; 

email: fees@state.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

This final rule makes changes to the 

Schedule of Fees for Consular Services 

of the Department of State’s Bureau of 

Consular Affairs. The Department sets 

and collects its fees based on the 

concept of full cost recovery, but some 

fees are set by statute. Please note that 

certain ‘‘no fee’’ consular services are 

included in the Schedule of Fees so that 

members of the public will be aware of 

significant consular services provided 

by the Department at no charge to the 

recipient of the service. The Department 

of State is adjusting the reduced Border 

Crossing Card fee in light of the passage 

of the Emergency Afghan Allies 

Extension Act of 2014, Sec. 2, Public 

Law 113–160, which added a temporary 

$1 surcharge to the fees for MRV and 

BCC application processing. 

What is the authority for this action? 

The Department of State derives the 

general authority to set fees based on the 

cost of the consular services it provides, 

and to charge those fees, from the 

general user charges statute, 31 U.S.C. 

9701. See, e.g., 31 U.S.C. 9701(b)(2)(A) 

(‘‘The head of each agency . . . may 

prescribe regulations establishing the 

charge for a service or thing of value 

provided by the agency . . . based on 

. . . the costs to the government.’’). As 

implemented through Executive Order 

10718 of June 27, 1957, 22 U.S.C. 4219 

further authorizes the Department to 

establish fees to be charged for official 

services provided by U.S. embassies and 

consulates. Other authorities allow the 

Department to charge fees for consular 

services, but not to determine the 

amount of such fees, as the amount is 

statutorily determined. 

Several statutes address specific fees 

relating to nonimmigrant visas. For 

instance, 8 U.S.C. 1351 establishes 

reciprocity as the basic principle for 

setting the nonimmigrant visa issuance 

fee, meaning that the fee charged an 

applicant from a foreign country is 

based, insofar as practicable, on the 

amount of visa or other similar fees 

charged to U.S. nationals by that foreign 

country. In addition to the reciprocity 

issuance fee, Sec. 140(a) of Public Law 

103–236, 108 Stat. 382, as amended, 

reproduced at 8 U.S.C. 1351 (note), 

establishes a cost-based application 

processing fee for nonimmigrant MRVs 

and BCCs. See also 8 U.S.C. 1713(b). 

Such fees remain available to the 

Department until expended. 8 U.S.C. 

1351 (note) and 1713(d). Furthermore, 

Sec. 501 of Public Law 110–293, Title V, 

122 Stat. 2968, reproduced at 8 U.S.C. 

1351 (note) requires the Secretary of 

State to collect an additional $2 

surcharge (the ‘‘HIV/AIDS/TB/Malaria 

surcharge’’) on all MRVs and BCCs as 

part of the application processing fee; 

this surcharge must be deposited into 

the Treasury and goes to support 

programs to combat HIV/AIDS, 

tuberculosis, and malaria. Section 2 of 

Public Law 113–42, reproduced at 8 

U.S.C. 1351 (note) imposes a temporary 

$1 surcharge, called the Special 

Immigrant Visa Surcharge, on the fees 

for MRV and BCC application 

processing, to be deposited into the 

general fund of the Treasury. This 

provision sunsets two years after the 

first date on which the increased fee is 

collected, which was on October 4, 

2013. Section 2 of Public Law 113–160, 

reproduced at 8 U.S.C. 1351 (note), also 

imposes a temporary $1 surcharge on 

the fees for MRV and BCC application 

processing, to be deposited into the 

general fund of the Treasury, resulting 

in $2 in Special Immigrant Visa 

Surcharges. This provision will sunset 

five and a half years after the first date 

on which the increased fee is collected, 

which will be on January 1, 2015. 

The Border Crossing Card application 

processing fee for certain Mexican 

citizen minors is statutorily set at $13, 

even though such BCCs cost the 

Department the same amount to process 

as all other MRVs and BCCs—that is, 

significantly more than $13. See, Public 

Law 105–277, 112 Stat. 2681–50, div. A, 

Title IV, section 410, reproduced at 8 

U.S.C. 1351 (note). Adding the two $1 

SIV surcharges and the $2 HIV/AIDS/

TB/Malaria surcharge brings the total for 

the Border Crossing Card application 

processing fee for certain Mexican 

citizen minors to $17. The Department’s 

costs beyond $13 must, by statute, be 

recovered by charging more for all 

MRVs, as well as all BCCs that do not 

meet the requirements for the reduced 

fee. See Public Law 105–277, 112 Stat. 

2681–50, div. A, Title IV, section 

410(a)(3), reproduced at 8 U.S.C. 1351 

(note) (requiring that the Department 

‘‘shall set the amount of the fee [for 

processing MRVs and all other BCCs] at 

a level that will ensure the full recovery 

by the Department . . . of the costs of 

processing’’ all MRVs and BCCs, 

including reduced cost BCCs for 

qualifying Mexican citizen minors). 

Certain people are exempted by law 

or regulation from paying specific fees 

or are expressly made subject to special 

fee charges by law. These are noted in 

the text below. They include, for 

instance, several exemptions from the 

nonimmigrant visa application 

processing fee for certain individuals 

who engage in charitable activities or 

who qualify for diplomatic visas. See 8 

U.S.C. 1351; 22 CFR 41.107(c). 

Although the funds collected for 

many consular fees must be deposited 

into the general fund of the Treasury 

pursuant to 31 U.S.C. 3302(b), various 

statutes permit the Department to retain 

some or all of the fee revenue it collects. 


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Federal Register / Vol. 79, No. 250 / Wednesday, December 31, 2014 / Rules and Regulations 79065 

The Department retains the MRV and 

BCC fees, see Public Law 103–236, Title 

I, 140(a)(2), 112 Stat. 2681–50, 

reproduced at 8 U.S.C. 1351 (note) and 

8 U.S.C. 1713(d). 

The Department last changed 

nonimmigrant visa fees in an interim 

final rule dated August 28, 2014. See 22 

CFR part 22 (79 FR 51247). Those 

changes to the Schedule went into effect 

September 12, 2014. The final rule 

regarding those fees has not yet been 

published. 

Why is the Department adjusting 

certain nonimmigrant visa services fees 

at this time? 

The Department of State is mandated 

by law to collect a Border Crossing Card 

application processing fee for certain 

Mexican citizen minors. Statutes 

imposing surcharges brought that fee to 

a total of $16. The Department is raising 

the Border Crossing Card application 

processing fee for certain Mexican 

citizen minors by $1 to $17 from 

January 1, 2015 to October 4, 2015 to 

reflect the required additional $1 

Special Immigrant Visa Surcharge 

during that time. On October 4, 2015 the 

first Special Immigrant Visa Surcharge 

corresponding to Public Law 113–42 

will expire, and the Border Crossing 

Card application processing fee for 

certain Mexican citizen minors will 

decrease by $1, returning to $16. 

Regulatory Findings 

Administrative Procedure Act 

The Department is publishing this 

rule as a final rule, with an effective 

date less than 30 days from the date of 

publication, based on the ‘‘good cause’’ 

exceptions set forth at 5 U.S.C. 

553(b)(3)(B) and 553(d)(3). The 

Department is issuing this final rule 

with an effective date on January 1, 

2015. The APA permits a final rule to 

become effective fewer than 30 days 

after the publication if the issuing 

agency finds good cause. 5 U.S.C. 

553(d)(3). The Department finds that 

good cause exists for an early effective 

date in this instance because Congress 

has already mandated that the Border 

Crossing Card application processing fee 

for certain Mexican citizen minors be 

$13, the HIV/AIDS/TB/Malaria 

Surcharge be $2, and the Special 

Immigrant Visa Surcharges total $2. 

Regulatory Flexibility Act 

The Department has reviewed this 

rule and, by approving it, certifies that 

it will not have a significant economic 

impact on a substantial number of small 

entities as defined in 5 U.S.C. 601(6). 

This rule increases the Border Crossing 

Card application processing fee for 

certain Mexican citizen minors. 

Unfunded Mandates Act of 1995 

This rule will not result in the 

expenditure by state, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

in any year, and it will not significantly 

or uniquely affect small governments. 

Therefore, no actions were deemed 

necessary under the provisions of the 

Unfunded Mandates Reform Act of 

1995, 2 U.S.C. 1501–1504. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 

This rule is not a major rule as 

defined by 5 U.S.C. 804(2). 

Executive Orders 12866 and 13563 

The Department has reviewed this 

rule to ensure its consistency with the 

regulatory philosophy and principles set 

forth in the Executive Orders. This rule 

has been submitted to OMB for review. 

This rule is necessary in light of the 

passage of the Emergency Afghan Allies 

Extension Act of 2014, which raises the 

Special Immigrant Visa Surcharge by $1. 

The Department of State is mandated by 

law to collect a $13 Border Crossing 

Card application processing fee for 

certain Mexican citizen minors. The 

Department is raising the Border 

Crossing Card application processing fee 

for certain Mexican citizen minors by $1 

to $17 from January 1, 2015 to October 

4, 2015 to coincide with the addition of 

the second $1 Special Immigrant Visa 

Surcharge during that time. On October 

4, 2015 the first Special Immigrant Visa 

Surcharge corresponding to Public Law 

113–42 will expire, and the Department 

of State will reduce the Special 

Immigrant Visa Surcharge by $1, 

returning to $16. 

Details of the fee changes are as 

follows: 

Item No. Fee Unit cost Current fee Change in fee Percentage 

increase 

Estimated 

number of 

applications 

affected 1

Estimated 

change in 

annual fees 

collected 2

SCHEDULE OF FEES FOR CONSULAR SERVICES 

*******

NONIMMIGRANT VISA SERVICES 

21. Nonimmigrant Visa Application and Border Crossing Card Processing Fees (per 

person): 

(f) Border crossing card—under age 15; 

for Mexican citizens if parent or guardian has or is applying for a border 

crossing card (valid 10 years or until 

the applicant reaches age 15; whichever is sooner) .................................... $17 (3) $16 $1 6% 18,750 $18,750 

* * * * * * * 

1Based on approximately 10 months of validity for this rule. 

2 Using projected FY 2015 workload to generate projections. 

3The fee for Border Crossing Card applications by minors is statutorily set. 

Historically, the workload for Border 

Crossing Card applications for certain 

Mexican citizen minors has not 

increased from year to year, potentially 

due to the small category of applicants 

who qualify for the reduced fee. For 

example, Mexican citizen minors only 

qualify for the reduced Border Crossing 

Card application fee if a parent or 

guardian already has applied or is 

applying for a Border Crossing Card. All 

Border Crossing Card applications for 

certain Mexican citizen minors are 

sought by and paid for entirely by 

foreign national applicants. The revenue 

increases resulting from those fees 

should not be considered to have a 


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79066 Federal Register / Vol. 79, No. 250 / Wednesday, December 31, 2014 / Rules and Regulations 

direct cost impact on the domestic 

economy. 

Executive Orders 12372 and 13132 

This regulation will not have 

substantial direct effects on the states, 

on the relationship between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, in 

accordance with section 6 of Executive 

Order 13132, it is determined that this 

rule does not have sufficient federalism 

implications to require consultations, 

nor does it warrant the preparation of a 

federalism summary impact statement. 

The regulations implementing Executive 

Order 12372 regarding 

intergovernmental consultation on 

federal programs and activities do not 

apply to this regulation. 

Executive Order 13175 

The Department has determined that 

this rulemaking will not have tribal 

implications, will not impose 

substantial direct compliance costs on 

Indian tribal governments, and will not 

preempt tribal law. Accordingly, the 

requirements of Executive Order 13175 

do not apply to this rulemaking. 

Paperwork Reduction Act 

This rule does not create or revise any 

reporting or record-keeping 

requirements. 

List of Subjects in 22 CFR Part 22 

Consular services, fees, passports and 

visas. 

Accordingly, for the reasons stated in 

the preamble, 22 CFR part 22 is 

amended as follows: 

PART 22—SCHEDULE OF FEES FOR 

CONSULAR SERVICES— 

DEPARTMENT OF STATE AND 

FOREIGN SERVICE 

■ 1. The authority citation for part 22 

continues to read as follows: 

Authority: 8 U.S.C. 1101 note, 1153 note, 

1183a note, 1351, 1351 note, 1714, 1714 note; 

10 U.S.C. 2602(c); 11 U.S.C. 1157 note; 22 

U.S.C. 214, 214 note, 1475e, 2504(a), 4201, 

4206, 4215, 4219, 6551; 31 U.S.C. 9701; Exec. 

Order 10,718, 22 FR 4632 (1957); Exec. Order 

11,295, 31 FR 10603 (1966). 

■ 2. In § 22.1, effective January 1, 2015, 

amend § 22.1 by revising Item 21.(f) in 

the table to read as follows: 

§ 22.1 Schedule of fees. 

* * * * * 

SCHEDULE OF FEES FOR CONSULAR

SERVICES

Item No. Fee 

* * * * * 

NONIMMIGRANT VISA SERVICES 

* * * * * 

21. * * * 

(f) Border crossing 

card—under age 15; 

for Mexican citizens if 

parent or guardian has 

or is applying for a 

border crossing card 

(valid 10 years or until 

the applicant reaches 

age 15, whichever is 

sooner) ....................... $17 

* * * * * 

■ 3. In § 22.1, effective October 4, 2015, 

amend § 22.1 by revising Item 21.(f) in 

the table to read as follows: 

§ 22.1 Schedule of Fees 

* * * * * 

SCHEDULE OF FEES FOR CONSULAR

SERVICES

Item No. Fee 

* * * * * 

NONIMMIGRANT VISA SERVICES 

* * * * * 

21. * * 

(f) Border crossing 

card—under age 15; 

for Mexican citizens if 

parent or guardian has 

or is applying for a 

border crossing card 

(valid 10 years or until 

the applicant reaches 

age 15, whichever is 

sooner) ....................... $16 

* * * * * 

Dated: December 24, 2014. 

Patrick Kennedy, 

Under Secretary of State for Management, 

Department of State. 

[FR Doc. 2014–30710 Filed 12–30–14; 8:45 am] 

BILLING CODE 4710–24–P 


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