New “Visa Integrity Fee” for U.S. Non-Immigrant Visas: What Applicants and Employers Need to Know

Beginning as early as October 1, 2025 (the start of Fiscal Year 2026), the U.S. is expected to implement a new Visa Integrity Fee following the enactment of H.R.1 (Public Law 119-21). The exact start date and collection procedures will be finalized through upcoming DHS and State Department regulations.

For employers, visa petitioners, students, and other travelers, this new fee introduces fresh challenges and considerations. In this article, we break down what the fee is, who it affects, how it works, and what steps you should take now.

What Is the Visa Integrity Fee?

The Visa Integrity Fee is a new statutory charge, a minimum of USD 250, imposed on the issuance of most non-immigrant visas under H.R.1 (Public Law 119-21). It is not a replacement for existing visa fees such as:

- MRV (Machine Readable Visa) fee
- Consular processing fee
- Reciprocity fee

Other specific fee: The fee is collected in addition to existing charges and cannot be waived except in cases explicitly exempted by statute (such as certain diplomatic or official visas).

The fee is charged only upon visa issuance, if the visa application is denied then fee does not apply.

The law treats the fee like a “security deposit”, meaning:

If visa holders comply fully with their visa conditions (no overstay, no unauthorized employment, timely departure or status adjustment),
They may be eligible to request a refund after the visa expires.

However, while the statute provides for potential reimbursement for visa holders who fully comply with their visa terms, the refund process, deadlines, and documentation requirements remain undefined. Until DHS and the Department of State issue detailed guidance, applicants should treat the fee as effectively non-refundable.

Which Visa Categories Are Affected?

A. Scope: Non-immigrant visas (virtually all)

The integrity fee is expected to apply across most non-immigrant visa categories issued at U.S. consulates, including (but not limited to) H-1B, L-1, O-1, P, TN, F-1/M-1, J-1, and B-1/B-2 visas. Dependents and derivative visa holders (H-4, L-2, F-2, J-2) are likely subject to the fee since they receive separate visa stamps, though final agency confirmation is pending.

Dependents and derivative visa holders (H-4, L-2, F-2, J-2) are also likely subject to the fee, as they receive separate visa stamps; however, final agency confirmation is still pending. In contrast, diplomatic (A) and international organization (G) visas are expected to be exempt, consistent with current State Department policy, and certain government-sponsored or treaty-based categories may also be excluded.

Importantly, the fee only applies to cases involving visa issuance at a U.S. consulate/embassy abroad. It does not apply to change of status or extension of status applications filed within the U.S., because those do not involve issuing a new visa stamp.

B. First-time issuance vs. renewals

Because the fee is tied to issuance, it affects both first-time visa issuances and renewals (i.e. when you travel abroad and request a new visa stamp). As long as a visa is being issued, the $250 fee will apply. However, for visa holders who merely file in-country extensions (change or extension of status without requiring a new consular visa), the integrity fee will not be triggered.

Fee Amounts and Payment Process

Base amount: USD 250 (minimum)
Inflation adjustment: The Department of Homeland Security (DHS) is authorized to increase the fee annually based on the Consumer Price Index (CPI) or other inflation metrics.
When to pay: The fee will be collected at the time of visa issuance or as directed by the consular post, after implementing guidance is finalized.
Relation to other fees: It is in addition to existing fees e.g. Machine-Readable Visa (MRV) application fees, reciprocity fees, anti-fraud fees, etc.
Refund process (conditional): The statute allows for refund requests by compliant visa holders, but no regulations have yet defined eligibility, process, or documentation. Treat refunds as uncertain until official procedures are announced.

Implications for Applicants

Cost increase: The added $250 is a significant hike, especially for those already paying high visa fees. For example, Indian B-1/B-2 visa applicants currently pay ~$185; with the integrity fee plus other surcharges (I-94, ESTA), total visa cost could approach $472 or more.

Refund uncertainty: While conceptually refundable, the burden of proof (showing full compliance) and unclear administrative mechanisms may make actual refunds rare or difficult to claim.

Behavioural incentive: The fee is designed to discourage visa overstays and rule violations. Many prospective applicants may view it as a form of “deposit” for good conduct.

Budgeting & planning: Applicants (students, business travelers, etc.) now need to factor this extra cost into travel/relocation budgets.

Strategic timing: Some applicants may rush to obtain visas before the fee becomes effective or adjust travel timing to avoid peak surcharges.

Travel frequency impact: For travelers who frequently renew or renter, the additional cost could accumulate significantly.

Implications for Employers

Increased cost burden: Employers who sponsor visas (e.g. H-1B, L-1) may face pressure to absorb or reimburse this additional cost for their employees to stay competitive.
Budgeting surprises: Human resources and immigration budgets will need updating to accommodate this new surcharge.
Negotiation and contracts: Employers may revisit employment agreements, relocation packages, or cost-sharing clauses with foreign hires to account for this new fee.
Planning horizon: Because the fee mechanism is still being fleshed out, employers must stay alert for regulatory updates and compliance procedures.
Risk in international hiring: The uncertainty around refunds, administrative burden, and extra cost may deter some applicants or slow hiring decisions.

Avoiding Common Mistakes

1. Assuming it’s waived: The law specifies this fee is non-waivable. Applicants should not rely on exemptions, except in cases clearly designated (e.g. diplomatic visas).

2. Failing to budget full cost: Counting only the existing visa fee and overlooking the integrity surcharge can lead to unpleasant surprises.

3. Misunderstanding refund criteria: Many will assume refund is automatic; in fact, applicants must meet strict compliance conditions and formally apply for refund after visa expiry.

4. Applying change/extension rules incorrectly: The integrity fee does not apply to in-U.S. change of status or extension filings only to consular visa issuance.

5. Missing deadline for refund claims: When refund regulations are published, there may be window periods or deadlines to claim missing these could forfeit the right.

6. Not tracking regulatory updates: Because some procedural details are pending, staying current with DHS / State Department bulletins is crucial.

Future Outlook

Fee growth over time: Because the fee is tied to inflation adjustment (CPI), the $250 base may rise annually.
Stricter compliance enforcement: The integrity fee signals a broader enforcement shift: increased scrutiny, more audits, tougher renewals.
Innovation in refund administration: The government may eventually roll out electronic systems or automated refunds but only after regulatory rulemaking and infrastructure development.
Political & legal challenges: Given the impact on international travel, the fee policy may be subject to litigation or legislative amendments down the line.
Global reactions and visa reciprocity: Other countries may respond with reciprocal visa surcharges or tighter visa rules for U.S. citizens.

How Can Kodem Law Help You?

At Kodem Law, we help applicants and employers navigate the new Visa Integrity Fee with clarity and compliance. Our team provides strategic cost forecasting to plan total visa expenses and identify refund opportunities, along with continuous policy monitoring and alerts on rule updates, refund procedures, and implementation timelines. We offer compliance counselling to maintain visa status and prevent violations, as well as customized contract drafting to help employers align their policies with the new cost structures. In case of refund disputes, our dispute resolution support ensures effective representation, while our risk mitigation strategies help minimize financial and operational disruptions.

Need guidance on how the Visa Integrity Fee impacts your visa or workforce plans?

📩 Contact Kodem Law today to schedule a consultation and ensure your immigration strategy stays compliant, cost-effective, and future-ready.