US State Department Significantly Increases Reciprocity Fees for Australian Nationals in Certain Visa Categories

Effective December 23, 2019, the Department of State (DOS) adjusted the reciprocity schedule for Australia for certain nonimmigrant visa categories. This change in the reciprocity schedule is a result of Executive Order 13780 (“Protecting the Nation from Foreign Terrorist Entry into the United States”), signed by President Trump in March 2017, that required the DOS to undertake a worldwide review of nonimmigrant visa reciprocity agreements and arrangements to ensure that US nationals receive “reciprocal treatment in terms of validities and fees as that afforded to host country nationals, as required by US law.”

As a result of the review, the DOS explains that they noted discrepancies with Australia’s visa system and that of the US. Since Australia was unable to adjust its visa system, the US is “required by law to increase fees for certain visa categories to match Australia’s practices.” Reciprocity fees are separate from the nonimmigrant consular application fee and are paid after the visa application is approved by the US Embassy/Consulate. Notable changes in the reciprocity fee schedule for Australia include the following:

  • For E-1 nonimmigrant visa applicants, the DOS increased the reciprocity fee to $3,574 USD (from $105 USD) and for E-2 nonimmigrant visa applicants to $3,574 USD (from $105 USD);

  • For H-1B nonimmigrant applicants, DOS increased the reciprocity fee to $1,295 USD (from $105 USD) and for H-4 applicants to $1,295 USD (from $105 USD);         

  • For L-1 applicants (including blanket and individuals), the DOS increased the fee to $1,790 USD (from $105 USD), which fee includes the anti-fraud fee. The fee for L-2 applicants also increased to $1,790 USD. Additionally, the validity period decreased to forty-eight months (from sixty months) for both L-1 and L-2 applicants;

  • Australian nationals travelling to the US for business, tourism, and as crew members can apply for a B-1, B-2, and B-1/B-2 visa valid for five years at no additional cost;  

  • Note that the reciprocity changes do not include any increases for E-3 visas for Australian nationals working in specialist occupations.

While the State Department claims they are increasing the reciprocity fees to match what Australia charges US visa applicants, it appears that the DOS is using the fee schedule for Australian work permits as a basis for the dramatic increase of fees. Some might argue that these fees would appear to be more akin to US Citizenship & Immigration Services (USCIS) fees rather than visa issuance fees.   

Other countries have also experienced increases in reciprocity fees due to Executive Order 13780. Effective August 29, 2019, Nigerian citizens must pay a reciprocity fee for all approved applications for nonimmigrant visas in B, F, H-1B, I, L, and R visa classifications. H-1B and H-4 applicants, for example, must pay a $180 reciprocity fee; L-1 and L-2 applicants must pay a reciprocity fee of $303.

Other recent reciprocity changes by the DOS are a decrease in validity period times for the L-1/L-2 and E visa stamps for nationals of France and Israel. For French nationals, the maximum validity period of the L-1/L-2 visa stamp is now seventeen months, and the E-1/E-2 visa stamps is twenty-five months. For Israeli citizens, the L-1/L-2 visa validity period has been to reduced to forty-eight months, and an E-1 visa may only be issued for a maximum of fifty-two months. DOS notes that they are still reviewing visa schedules and determining whether other discrepancies exist, and state that they will apply the same criteria to all countries worldwide.