22 CFR Part 41 — Visas: Documentation of Nonimmigrants Under the Immigration and Nationality Act, as Amended

PART 41—VISAS: DOCUMENTATION OF NONIMMIGRANTS UNDER THE IMMIGRATION AND NATIONALITY ACT, AS AMENDED Authority: 8 U.S.C. 1101; 1102; 1103, 1104; 1182; 1184; 1185 note (Section 7209 of Pub. L. 108-458, as amended by Section 546 of Pub. L. 109-295); 1201; 1258; 1323; 1361; 2651a. Source: 52 FR 42597, Nov. 5, 1987, unless otherwise noted. Editorial Note: Nomenclature changes to part 41 appear at 71 FR 34521 and 34522, June 15, 2006. Subpart A—Passport and Visas Not Required for Certain Nonimmigrants § 41.0 Definitions. For purposes of this part and part 53: Adjacent islands Cruise ship Ferry Pleasure vessel United States U.S. citizen United States qualifying tribal entity [73 FR 18418, Apr. 3, 2008] § 41.1 Exemption by law or treaty from passport and visa requirements. Nonimmigrants in the following categories are exempt from the passport and visa requirements of INA 212(a)(7)(B)(i)(I), (i)(II): (a) Alien members of the U.S. Armed Forces. (b) [Reserved] (c) Aliens entering from Guam, Puerto Rico, or the Virgin Islands. (d) Armed Services personnel of a NATO member. (e) Armed Services personnel attached to a NATO headquarters in the United States. (f) Aliens entering pursuant to International Boundary and Water Commission Treaty. [52 FR 42597, Nov. 5, 1987, as amended at 56 FR 30428, July 2, 1991; 61 FR 1835, Jan. 24, 1996; 71 FR 68430, Nov. 24, 2006; 73 FR 18418, Apr. 3, 2008] § 41.2 Exemption or waiver by Secretary of State and Secretary of Homeland Security of passport and/or visa requirements for certain categories of nonimmigrants. Pursuant to the authority of the Secretary of State and the Secretary of Homeland Security under the INA, as amended, a passport and/or visa is not required for the following categories of nonimmigrants: (a) Canadian citizens. (1) NEXUS program. (2) FAST program. (3) SENTRI program. (4) Canadian Indians. (5) Children. (i) Children under age 16. (ii) Groups of children under age 19. (A) The group, organization, or team must provide to CBP upon crossing the border, on organizational letterhead: ( 1 ( 2 ( 3 ( 4 (B) The adult leading the group, organization, or team must demonstrate parental or legal guardian consent by certifying in the writing submitted in paragraph (a)(5)(ii)(A) of this section that he or she has obtained for each child the consent of at least one parent or legal guardian. (C) The procedure described in this paragraph is limited to members of the group, organization, or team that are under age 19. Other members of the group, organization, or team must comply with other applicable document and/or inspection requirements found in this part and 8 CFR parts 212 and 235. (6) Enhanced driver's license programs. Federal Register, (b) Citizens of the British Overseas Territory of Bermuda. (c) Bahamian nationals and British subjects resident in the Bahamas. (d) British subjects resident in the Cayman Islands or in the Turks and Caicos Islands. (e) Nationals and residents of the British Virgin Islands. (2) A national of the British Virgin Islands and resident therein requires a passport but does not require a visa to apply for entry into the United States if such applicant: (i) Is proceeding by aircraft directly from St. Thomas, U.S. Virgin Islands; (ii) Is traveling to some other part of the United States solely for the purpose of business or pleasure as described in INA 101(a)(15)(B); (iii) Satisfies the examining U.S. Immigration officer at that port of entry that he or she is admissible in all respects other than the absence of a visa; and (iv) Presents a current certificate issued by the Royal Virgin Islands Police Force indicating that he or she has no criminal record. (f) Mexican nationals. (2) A visa and a passport are not required of a Mexican national who is applying for admission from contiguous territory or adjacent islands at a land or sea port-of-entry, if the national is a member of the Texas Band of Kickapoo Indians or Kickapoo Tribe of Oklahoma who is in possession of a Form I-872 American Indian Card issued by U.S. Citizenship and Immigration Services (USCIS). (3) A visa is not required of a Mexican national employed as a crew member on an aircraft belonging to a Mexican company authorized to engage in commercial transportation into the United States. (4) A visa is not required of a Mexican national bearing a Mexican diplomatic or official passport who is a military or civilian official of the Federal Government of Mexico entering the United States for a stay of up to 6 months for any purpose other than on assignment as a permanent employee to an office of the Mexican Federal Government in the United States. A visa is also not required of the official's spouse or any of the official's dependent family members under 19 years of age who hold diplomatic or official passports and are in the actual company of the official at the time of entry. This waiver does not apply to the spouse or any of the official's family members classifiable under INA 101(a)(15) (F) or (M). (g) Natives and residents of the Trust Territory of the Pacific Islands. (h) [Reserved] (i) Individual cases of unforeseen emergencies. (j) Fiance(e) of a U.S. citizen. (k) Visa waiver program. see (2) An alien denied admission under the Visa Waiver Program by virtue of a ground of inadmissibility described in INA section 212(a) that is discovered at the time of the alien's application for admission at a port of entry or through use of an automated electronic database may apply for a visa as the only means of challenging such a determination. A consular officer must accept and adjudicate any such application if the alien otherwise fulfills all of the application requirements contained in part 41, § 41.2(l)(1). (l) Treaty Trader and Treaty Investor. [52 FR 42597, Nov. 5, 1987] Editorial Note: For Federal Register www.govinfo.gov. § 41.3 Waiver by joint action of consular and immigration officers of passport and/or visa requirements. Under the authority of INA 212(d)(4), the documentary requirements of INA 212(a)(7)(B)(i)(I), (i)(II) may be waived for any alien in whose case the consular officer serving the port or place of embarkation, or the Deputy Assistant Secretary of State for Visa Services or his or her designee, is satisfied after consultation with, and concurrence by, the appropriate immigration officer, that the case falls within any of the following categories: (a) Residents of foreign contiguous territory; visa and passport waiver. (b) Aliens for whom passport extension facilities are unavailable; passport waiver. (c) Aliens precluded from obtaining passport extensions by foreign government restrictions; passport waiver. (d) Emergent circumstances; visa waiver. (e) Members of armed forces and coast guards of foreign countries; visa and passport waiver. (f) Landed immigrants in Canada; passport waiver. (1) Who is a landed immigrant in Canada; (2) Whose port and date of expected arrival in the United States are known; and (3) Who is proceeding to the United States under emergent circumstances which preclude the timely procurement of a passport or Canadian certificate of identity. (g) Authorization to individual consular office; visa and/or passport waiver. [52 FR 42597, Nov. 5, 1987, as amended at 56 FR 30428, July 2, 1991; 60 FR 30188, June 8, 1995; 61 FR 1835, Jan. 24, 1996; 63 FR 48577, Sept. 11, 1998; 79 FR 19289, Apr. 8, 2014] Subpart B—Classification of Nonimmigrants § 41.11 Entitlement to nonimmigrant status. (a) Presumption of immigrant status and burden of proof. (b) Aliens unable to establish nonimmigrant status. (2) In a borderline case in which an alien appears to be otherwise entitled to receive a visa under INA 101(a)(15)(B) or (F) but the consular officer concludes that the maintenance of the alien's status or the departure of the alien from the United States as required is not fully assured, a visa may nevertheless be issued upon the posting of a bond with the Secretary of Homeland Security under terms and conditions prescribed by the consular officer. (c) Visa Bond Program Summary. (2) Visa Bond Program Parameters. http://www.travel.state.gov. (3) Bond Waiver Authority. (4) Bond Procedures. (i) Visa Bond Cancellation. (ii) Visa Bond Breach. (A) Remaining in the United States after expiration of the temporary period of admission; (B) Filing an untimely request for a change of status; (C) Not departing the United States within 10 days after denial of a timely and properly filed request for extension of stay or change of status; (D) Filing an untimely request for an extension of stay of nonimmigrant status; or (E) Filing for asylum or any other form of humanitarian protection that is submitted on Form I-589, Application for Asylum and for Withholding of Removal. (5) Appeal of Bond Breach Determination. (6) Effect on other law. [52 FR 42597, Nov. 5, 1987, as amended at 61 FR 1835, Jan. 24, 1996; 85 FR 74882, Nov. 24, 2020; 90 FR 37386, Aug. 5, 2025; 90 FR 38610, Aug. 11, 2025; 91 FR 48766, Aug. 3, 2026] § 41.12 Classification symbols. A nonimmigrant visa issued to an applicant within one of the classes described in this section shall bear an appropriate visa symbol to show its classification. The symbol shall be inserted in the space provided on the visa. The following visa symbols shall be used: Table 1 to § 41.12 Symbol Class Section of law A1 Ambassador, Public Minister, Career Diplomat or Consular Officer, or Immediate Family INA 101(a)(15)(A)(i). A2 Other Foreign Government Official or Employee, or Immediate Family INA 101(a)(15)(A)(ii). A3 Attendant, Servant, or Personal Employee of A1 or A2, or Immediate Family INA 101(a)(15)(A)(iii). B1 Temporary Visitor for Business INA 101(a)(15)(B). B2 Temporary Visitor for Pleasure INA 101(a)(15)(B). B1/B2 Temporary Visitor for Business & Pleasure INA 101(a)(15)(B). C1 Noncitizen in Transit INA 101(a)(15)(C). C1/D Combined Transit and Crewmember Visa INA 101(a)(15)(C) and (D). C2 Noncitizen in Transit to United Nations Headquarters District Under Sec. 11.(3), (4), or (5) of the Headquarters Agreement INA 101(a)(15)(C). C3 Foreign Government Official, Immediate Family, Attendant, Servant, or Personal Employee, in Transit INA 212(d)(8). CW1 Commonwealth of the Northern Mariana Islands—Only Transitional Worker Section 6(d) of Public Law 94-241, as added by Section 702(a) of Public Law 110-229; 48 U.S.C. 1806(d). CW2 Spouse or Child of CW1 Section 6(d) of Public Law 94-241, as added by Section 702(a) of Public Law 110-229; 48 U.S.C. 1806(d). D Crewmember (Sea or Air) INA 101(a)(15)(D). E1 Treaty Trader, Spouse or Child INA 101(a)(15)(E)(i). E2 Treaty Investor, Spouse or Child INA 101(a)(15)(E)(ii). E2C Commonwealth of the Northern Mariana Islands Investor, Spouse or Child Section 6(c) of Public Law 94-241, as added by Section 702(a) of Public Law 110-229; 48 U.S.C. 1806(d). E3 Australian National Coming to the United States Solely to Perform Services in a Specialty Occupation INA 101(a)(15)(E)(iii). E3D Spouse or Child of E3 INA 101(a)(15)(E)(iii). E3R Returning E3 INA 101(a)(15)(E)(iii). F1 Student in an Academic or Language Training Program INA 101(a)(15)(F)(i). F2 Spouse or Child of F1 INA 101(a)(15)(F)(ii). F3 Canadian or Mexican National Commuter Student in an Academic or Language Training Program INA 101(a)(15)(F)(iii). G1 Principal Resident Representative of Recognized Foreign Government to International Organization, Staff, or Immediate Family INA 101(a)(15)(G)(i). G2 Other Representative of Recognized Foreign Member Government to International Organization, or Immediate Family INA 101(a)(15)(G)(ii). G3 Representative of Non-recognized or Nonmember Foreign Government to International Organization, or Immediate Family INA 101(a)(15)(G)(iii). G4 International Organization Officer or Employee, or Immediate Family INA 101(a)(15)(G)(iv). G5 Attendant, Servant, or Personal Employee of G1 through G4, or Immediate Family INA 101(a)(15)(G)(v). H1B Temporary Worker in a Specialty Occupation INA 101(a)(15)(H)(i)(b). H1B1 Chilean or Singaporean Temporary Worker in a Specialty Occupation INA 101(a)(15)(H)(i)(b1). H1C Registered Nurse in Health Professional Shortage Area INA 101(a)(15)(H)(i)(c). H2A Temporary Worker Performing Agricultural Services INA 101(a)(15)(H)(ii)(a). H2B Temporary Non-Agricultural Worker INA 101(a)(15)(H)(ii)(b). H3 Trainee or Special Education Exchange Visitor INA 101(a)(15)(H)(iii). H4 Spouse or Child of H1B, H1B1, H1C, H2A, H2B, or H3 INA 101(a)(15)(H)(iv). I Representative of Foreign Information Media, Spouse and Child INA 101(a)(15)(I). J1 Exchange Visitor INA 101(a)(15)(J). J2 Spouse or Child of J1 INA 101(a)(15)(J). K1 Fiancé(e) of United States Citizen INA 101(a)(15)(K)(i). K2 Child of Fiancé(e) of U.S. Citizen INA 101(a)(15)(K)(iii). K3 Spouse of U.S. citizen awaiting availability of immigrant visa INA 101(a)(15)(K)(ii). K4 Child of K3 INA 101(a)(15)(K)(iii). L1 Intracompany Transferee (Executive, Managerial, and Specialized Knowledge Personnel Continuing Employment) INA 101(a)(15)(L). L2 Spouse or Child of L1 INA 101(a)(15)(L). M1 Vocational Student or Other Nonacademic Student INA 101(a)(15)(M)(i). M2 Spouse or Child of M1 INA 101(a)(15)(M)(ii). M3 Canadian or Mexican National Commuter Student (Vocational Student or Other Nonacademic Student) INA 101(a)(15)(M)(iii). N8 Parent of an Individual Classified by DHS as SK3 or SN3 INA 101(a)(15)(N)(i). N9 Child of N8 or of Individual Classified by DHS as SK1, SK2, SK4, SN1, SN2 or SN4 INA 101(a)(15)(N)(ii). NATO1 Principal Permanent Representative of Member State to NATO (including any of its Subsidiary Bodies) Resident in the U.S. and Resident Members of Official Staff; Secretary General, Assistant Secretaries General, and Executive Secretary of NATO; Other Permanent NATO Officials of Similar Rank, or Immediate Family Art. 12, 5 UST 1094; Art. 20, 5 UST 1098. NATO2 Other Representative of Member State to NATO (including any of its Subsidiary Bodies) including Representatives, Advisers, and Technical Experts of Delegations, or Immediate Family; Dependents of Member of a Force Entering in Accordance with the Provisions of the NATO Status-of-Forces Agreement or in Accordance with the provisions of the “Protocol on the Status of International Military Headquarters”; Members of Such a Force if Issued Visas Art. 13, 5 UST 1094; Art. 1, 4 UST 1794; Art. 3, 4 UST 1796. NATO3 Official Clerical Staff Accompanying Representative of Member State to NATO (including any of its Subsidiary Bodies), or Immediate Family Art. 14, 5 UST 1096. NATO4 Official of NATO (Other Than Those Classifiable as NATO1), or Immediate Family Art. 18, 5 UST 1098. NATO5 Experts, Other Than NATO Officials Classifiable Under NATO4, Employed in Missions on Behalf of NATO, and their Dependents Art. 21, 5 UST 1100. NATO6 Member of a Civilian Component Accompanying a Force Entering in Accordance with the Provisions of the NATO Status-of-Forces Agreement; Member of a Civilian Component Attached to or Employed by an Allied Headquarters Under the “Protocol on the Status of International Military Headquarters” Set Up Pursuant to the North Atlantic Treaty; and their Dependents Art. 1, 4 UST 1794; Art. 3, 5 UST 877. NATO7 Attendant, Servant, or Personal Employee of NATO1, NATO2, NATO 3, NATO4, NATO5, and NATO6 Classes, or Immediate Family Arts. 12-20, 5 UST 1094-1098. O1 Worker with Extraordinary Ability or Achievement in Sciences, Arts, Education, Business, or Athletics INA 101(a)(15)(O)(i). O2 Person Accompanying and Assisting in the Artistic or Athletic Performance by O1 INA 101(a)(15)(O)(ii). O3 Spouse or Child of O1 or O2 INA 101(a)(15)(O)(iii). P1 Internationally Recognized Athlete or Member of Internationally Recognized Entertainment Group INA 101(a)(15)(P)(i). P2 Artist or Entertainer in a Reciprocal Exchange Program INA 101(a)(15)(P)(ii). P3 Artist or Entertainer in a Culturally Unique Program INA 101(a)(15)(P)(iii). P4 Spouse or Child of P1, P2, or P3 INA 101(a)(15)(P)(iv). Q1 Participant in an International Cultural Exchange Program INA 101(a)(15)(Q)(i). R1 Member of a Religious Denomination Performing Religious Work INA 101(a)(15)(R). R2 Spouse or Child of R1 INA 101(a)(15)(R). S5 Person Supplying Critical Information Relating to a Criminal Organization or Enterprise INA 101(a)(15)(S)(i). S6 Person Supplying Critical Information Relating to Terrorism INA 101(a)(15)(S)(ii). S7 Qualified Family Member of S5 or S6 INA 101(a)(15)(S). T1 Victim of a Severe Form of Trafficking in Persons INA 101(a)(15)(T)(i). T2 Spouse of T1 INA 101(a)(15)(T)(ii). T3 Child of T1 INA 101(a)(15)(T)(ii). T4 Parent of a T1 under 21 years of age; or Parent of a T1 (Any Age) Who Faces Present Danger of Retaliation INA 101(a)(15)(T)(ii). T5 Unmarried Sibling under 18 years of age of a T1 Under 21 Years of Age; or Unmarried Sibling Under 18 Years of Age of a T1 (Any Age), Who Faces Present Danger of Retaliation INA 101(a)(15)(T)(ii). T6 Adult or Minor Child of a Derivative Beneficiary of a T1 (Any Age) Who Faces Present Danger of Retaliation INA 101(a)(15)(T)(ii). TN USMCA Professional INA 214(e)(1). TD Spouse or Child of TN INA 214(e)(1). U1 Victim of Criminal Activity INA 101(a)(15)(U)(i). U2 Spouse of U1 INA 101(a)(15)(U)(ii). U3 Child of U1 INA 101(a)(15)(U)(ii). U4 Parent of U1 Under 21 Years of Age INA 101(a)(15)(U)(ii). U5 Unmarried Sibling Under Age 18 of U1 Under 21 Years of Age INA 101(a)(15)(U)(ii). V1 Spouse of a Lawful Permanent Resident Awaiting Availability of Immigrant Visa INA 101(a)(15)(V)(i) or INA 101(a)(15)(V)(ii). V2 Child of a Lawful Permanent Resident Awaiting Availability of Immigrant Visa INA 101(a)(15)(V)(i) or INA 101(a)(15)(V)(ii). V3 Child of a V1 or V2 INA 101(a)(15)(V)(i) or INA 101 (a)(15)(V)(ii) & INA 203(d). [88 FR 45070, July 14, 2023] Subpart C—Foreign Government Officials § 41.21 Foreign Officials—General. (a) Definitions. (1) Accredited, (2) Attendants, (3) Immediate family, as used in INA 101(a)(15)(A), 101(a)(15)(G), and 212(d)(8), and in classification under the NATO visa symbols, means: (i) The spouse who resides regularly in the household of the principal alien and is not a member of some other household; (ii) Unmarried sons and daughters, whether by blood or adoption, who reside regularly in the household of the principal alien and who are not members of some other household, and provided that such unmarried sons and daughters are: (A) Under the age of 21, or (B) Under the age of 23 and in full-time attendance as students at post-secondary educational institutions; and (iii) Other individuals who: (A) Reside regularly in the household of the principal alien; (B) Are not members of some other household; (C) Are recognized as dependents of the principal alien by the sending government or international organization, as demonstrated by eligibility for rights and benefits, such as the issuance of a diplomatic or official passport, or travel or other allowances; and (D) Are individually authorized by the Department. (4) Servants personal employees, (b) Exception to passport validity requirement for aliens in certain A, G, and NATO classes. (1) Described in INA 101(a)(15)(A)(i) and (ii); or (2) Described in INA 101(a)(15)(G)(i), (ii), (iii), and (iv); or (3) NATO-1, NATO-2, NATO-3, NATO-4, or NATO-6 may present a passport which is valid only for a sufficient period to enable the alien to apply for admission at a port of entry prior to its expiration. (c) Exception to passport validity requirement for foreign government officials in transit. (d) Grounds for refusal of visas applicable to certain A, C, G, and NATO classes. (2) Only the provisions of INA 212(a) cited below apply to the indicated classes of nonimmigrant visa applicants: (i) Class A-1: INA 212(a) (3)(A), (3)(B), and (3)(C); (ii) Class A-2: INA 212(a) (3)(A), (3)(B), and (3)(C); (iii) Classes C-2 and C-3: INA 212(a) (3)(A), (3)(B), (3)(C), and (7)(B); (iv) Classes G-1, G-2, G-3, and G-4: INA 212(a) (3)(A), (3)(B), and (3)(C); (v) Classes NATO-1, NATO-2, NATO-3, NATO-4, and NATO-6: INA 212(a) (3)(A), (3)(B), and (3)(C); (3) An alien within class A-3 or G-5 is subject to all grounds of refusal specified in INA 212 which are applicable to nonimmigrants in general. (4) Notwithstanding the visa restrictions imposed by applicable laws and consistent with a provision in such laws providing for a regulatory exception to the visa restrictions contained therein, a visa may be issued to a visa applicant who is otherwise ineligible for a visa under such laws: (i) To permit the United States to comply with the United Nations Headquarters Agreement and other applicable international obligations; and (ii) To permit the United States and Burma to operate their diplomatic missions, and to permit the United States to conduct other official United States Government business in Burma. [52 FR 42597, Nov. 5, 1987; 53 FR 9111, Mar. 21, 1988, as amended at 56 FR 30428, July 2, 1991; 73 FR 56729, Sept. 30, 2008; 74 FR 36113, July 22, 2009; 78 FR 66815, Nov. 6, 2013; 81 FR 88102, Dec. 7, 2016] § 41.22 Officials of foreign governments. (a) Criteria for classification of foreign government officials. (i) Has been accredited by a foreign government recognized de jure by the United States; (ii) Intends to engage solely in official activities for that foreign government while in the United States; and (iii) Has been accepted by the President, the Secretary of State, or a consular officer acting on behalf of the Secretary of State. (2) A member of the immediate family of a principal alien is classifiable A-1 or A-2 under INA section 101(a)(15)(A)(i) or (ii) if the principal alien is so classified. (b) Classification under INA section 101(a)(15)(A). (c) Classification of attendants, servants, and personal employees. (d) Referral to the Department of special cases concerning principal alien applicants. (e) Change of classification to that of a foreign government official. (f) Termination of status. (g) Classification of foreign government official. (h) Courier and acting courier on official business Courier of career. (2) Official acting as courier. (3) Nonofficial serving as courier. (i) Official of foreign government not recognized by the United States. [52 FR 42597, Nov. 5, 1987, as amended at 78 FR 33700, June 5, 2013; 81 FR 88103, Dec. 7, 2016] § 41.23 Accredited officials in transit. An accredited official of a foreign government intending to proceed in immediate and continuous transit through the United States on official business for that government is entitled to the benefits of INA 212(d)(8) if that government grants similar privileges to officials of the United States, and is classifiable C-3 under the provisions of INA 101(a)(15)(C). Members of the immediate family, attendants, servants, or personal employees of such an official receive the same classification as the principal alien. § 41.24 International organization aliens. (a) Definition of international organization. (1) Any public international organization which has been designated by the President by Executive Order as entitled to enjoy the privileges, exemptions, and immunities provided for in the International Organizations Immunities Act (59 Stat. 669, 22 U.S.C. 288); and (2) For the purpose of special immigrant status under INA 101(a)(27)(I), INTELSAT or any successor or separated entity thereof. (b) Aliens coming to international organizations. section (2) An alien applying for a visa under the provisions of INA section (3) An alien seeking to enter the United States as a foreign government representative to an international organization, who is also proceeding to the United States on official business as a foreign government official within the meaning of INA section (4) An alien not classifiable under INA section 101(a)(15)(A) or in NATO-1 through NATO-6 classification but entitled to classification under INA section 101(a)(15)(G) shall be classified under section 101(a)(15)(G), even if also eligible for another nonimmigrant classification. An alien classified under INA section 101(a)(15)(G) as an immediate family member of a principal alien classifiable G-1, G-2, G-3 or G-4, may continue to be so classified even if he or she obtains employment subsequent to his or her initial entry into the United States that would allow classification under INA section 101(a)(15)(A). Such alien shall not be classified in a category other than A or G, even if also eligible for another nonimmigrant classification. (c) Officers and employees of privatized INTELSAT, their family members and domestic servants. (2) Aliens who had had G-4 status as officers and employees of INTELSAT but became officers or employees of a successor or separated entity of INTELSAT after at least six months of such employment, but prior to and in anticipation of privatization and subsequent to March 17, 2000, will also continue to be classifiable under INA 101(a)(15)(G)(iv) for so long as that employment continues. (3) Family members of officers and employees described in paragraphs (c)(1) and (2) of this section who qualify as “immediate family” under § 41.21(a)(3) and who are accompanying or following to join the principal are also classifiable under INA 1010(a)(15)(G)(iv) for so long as the principal is so classified. (4) Attendants, servants, and personal employees of officers and employees described in paragraphs (c)(1) and (2) of this section are not eligible for classification under INA 101(a)(15)(G)(v), given that the officers and employees described in paragraphs (c)(1) and (2) of this section are not officers or employees of an “international organization” for purposes of INA 101(a)(15)(G). [52 FR 42597, Nov. 5, 1987, as amended at 67 FR 1414, Jan. 11, 2002; 67 FR 18822, Apr. 17, 2002; 78 FR 33700, June 5, 2013; 81 FR 88103, Dec. 7, 2016] § 41.25 NATO representatives, officials, and employees. (a) Classification. (b) Armed services personnel. (c) Dependents of armed services personnel. (d) Members of civilian components and dependents. (e) Attendant, servant, or personal employee of an alien classified NATO-1 through NATO-6. § 41.26 Diplomatic visas. (a) Definitions. Diplomatic passport (2) Diplomatic visa (3) Equivalent of a diplomatic passport (i) Is issued by a competent authority that does not issue diplomatic passports and (ii) Has been designated by the Secretary as the equivalent of a diplomatic passport. (b) Place of application. (c) Classes of aliens eligible to receive diplomatic visas. (1) The nonimmigrant alien is within one of the following categories, irrespective of the classification of the visa under § 41.12: (i) Heads of states and their alternates; (ii) Members of a reigning royal family; (iii) Governors-general, governors, high commissioners, and similar high administrative or executive officers of a territorial unit, and their alternates; (iv) Cabinet ministers and their assistants holding executive or administrative positions not inferior to that of the head of a departmental division, and their alternates; (v) Presiding officers of chambers of national legislative bodies; (vi) Justices of the highest national court of a foreign country; (vii) Ambassadors, public ministers, other officers of the diplomatic service and consular officers of career; (viii) Military officers holding a rank not inferior to that of a brigadier general in the United States Army or Air Force and Naval officers holding a rank not inferior to that of a rear admiral in the United States Navy; (ix) Military, naval, air and other attaché and assistant attaché assigned to a foreign diplomatic mission; (x) Officers of foreign-government delegations to international organizations so designated by Executive Order; (xi) Officers of foreign-government delegations to, and officers of, international bodies of an official nature, other than international organizations so designated by Executive Order; (xii) Officers of a foreign government proceeding to the United States on a temporary basis or through the United States in the performance of their official duties; (xiii) Officers of foreign-government delegations proceeding to or from a specific international conference of an official nature; (xiv) Members of the immediate family of a principal alien who is within one of the classes described in paragraphs (c)(1)(i) through (xi) of this section; (xv) Members of the immediate family accompanying or following to join the principal alien who is within one of the classes described in paragraphs (c)(1)(xii) and (c)(1)(xiii) of this section; (xvi) Diplomatic couriers proceeding to or through the United States in the performance of their official duties; or (2) The alien is classifiable as a G-4 and is accompanying any of these officers: (i) The Secretary General of the United Nations; (ii) An Under Secretary General of the United Nations; (iii) An Assistant Secretary General of the United Nations; (iv) The Administrator or the Deputy Administrator of the United Nations Development Program; (v) An Assistant Administrator of the United Nations Development Program; (vi) The Executive Director of the: (A) United Nations Children's Fund; (B) United Nations Institute for Training and Research; (C) United Nations Industrial Development Organization; (vii) The Executive Secretary of the: (A) United Nations Economic Commission for Africa; (B) United Nations Economic Commission for Asia and the Far East; (C) United Nations Economic Commission for Latin America; (D) United Nations Economic Commission for Europe; (viii) The Secretary General of the United Nations Conference on Trade and Development; (ix) The Director General of the Latin American Institute for Economic and Social Planning; (x) The United Nations High Commissioner for Refugees; (xi) The United Nations Commissioner for Technical Cooperation; (xii) The Commissioner General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East; (xiii) Members of the immediate family accompanying or following to join any principal nonimmigrant alien listed in paragraphs (c)(2)(i) through (xii) of this section. (3) Other individual aliens or classes of aliens are eligible to receive diplomatic visas upon authorization of the Department, the Chief of a U.S. Diplomatic Mission, the Deputy Chief of Mission, the Counselor for Consular Affairs or the principal officer of a consular post not under the jurisdiction of a diplomatic mission. [52 FR 42597, Nov. 5, 1987; 53 FR 9111, Mar. 21, 1988, as amended at 86 FR 10456, Feb. 22, 2021] § 41.27 Official visas. (a) Definition. Official visa (b) Place of application. (c) Classes of aliens eligible to receive official visas. (i) Aliens within a category described in § 41.26(c)(1) who are ineligible to receive a diplomatic visa because they are not in possession of a diplomatic passport or its equivalent; (ii) Aliens classifiable under INA section 101(a)(15)(A)(i) or (ii), 8 U.S.C. 1101(a)(15)(A)(i) or (ii); (iii) Aliens who are classifiable under INA section 101(a)(15)(G)(i), (ii), or (iv), 8 U.S.C. 1101(a)(15)(G)(i), (ii), or (iv); (iv) Aliens who are classifiable under INA section 101(a)(15)(G)(iii), 8 U.S.C. 1101(a)(15)(G)(iii), as representatives of a foreign government traveling to an international organization so designated by Executive Order, where such foreign government is not a member of the international organization; (v) Aliens classifiable under INA section 101(a)(15)(C), 8 U.S.C. 1101(a)(15)(C), as nonimmigrants described in INA section 212(d)(8), 8 U.S.C. 1182(d)(8); (vi) Members and members-elect of national legislative bodies; (vii) Justices of the lesser national and the highest state courts of a foreign country; (viii) Officers and employees of national legislative bodies proceeding to or through the United States in the performance of their official duties; (ix) Administrative, service, and similar employees attached to foreign-government delegations to, and employees of, international bodies of an official nature, other than international organizations so designated by Executive Order, proceeding to or through the United States in the performance of their official duties; (x) Administrative, service, and similar employees of a foreign government proceeding to the United States on temporary duty or through the United States on a temporary basis in the performance of their official duties; (xi) Administrative, service, and similar employees attached to foreign-government delegations proceeding to or from a specific international conference of an official nature; (xii) Officers and employees of foreign governments recognized de jure (xiii) Members of the immediate family when accompanying or following to join a principal alien who is within one of the classes referred to or described in paragraphs (c)(1)(i) through (xii) of this section; (2) Other individual aliens or classes of aliens are eligible to receive official visas upon the authorization of the Department, the Chief of a U.S. Diplomatic Mission, the Deputy Chief of Mission, the Counselor for Consular Affairs, or the principal officer of a consular post not under the jurisdiction of a diplomatic mission. [52 FR 42597, Nov. 5, 1987; 53 FR 9111, Mar. 21, 1988, as amended at 86 FR 10456, Feb. 22, 2021] Subpart D—Temporary Visitors § 41.31 Temporary visitors for business or pleasure. (a) Classification. (1) The alien intends to leave the United States at the end of the temporary stay (consular officers are authorized, if departure of the alien as required by law does not seem fully assured, to require the posting of a bond with the Secretary of Homeland Security in a sufficient sum to ensure that at the end of the temporary visit, or upon failure to maintain temporary visitor status, or any status subsequently acquired under INA 248, the alien will depart from the United States); (2) The alien has permission to enter a foreign country at the end of the temporary stay; and (3) Adequate financial arrangements have been made to enable the alien to carry out the purpose of the visit to and departure from the United States. (b) Definitions. (2)(i) The term pleasure, as used in INA 101(a)(15)(B) for the purpose of visa issuance, refers to legitimate activities of a recreational character, including tourism, amusement, visits with friends or relatives, rest, medical treatment, and activities of a fraternal, social, or service nature, and does not include obtaining a visa for the primary purpose of obtaining U.S. citizenship for a child by giving birth in the United States. (ii) Any visa applicant who seeks medical treatment in the United States under this provision shall be denied a visa under INA section 214(b) if unable to establish, to the satisfaction of a consular officer, a legitimate reason why he or she wishes to travel to the United States for medical treatment, that a medical practitioner or facility in the United States has agreed to provide treatment, and that the applicant has reasonably estimated the duration of the visit and all associated costs. The applicant also shall be denied a visa under INA section 214(b) if unable to establish to the satisfaction of the consular officer that he or she has the means derived from lawful sources and intent to pay for the medical treatment and all incidental expenses, including transportation and living expenses, either independently or with the pre-arranged assistance of others. (iii) Any B nonimmigrant visa applicant who a consular officer has reason to believe will give birth during her stay in the United States is presumed to be traveling for the primary purpose of obtaining U.S. citizenship for the child. [52 FR 42597, Nov. 5, 1987; 53 FR 9172, Mar. 21, 1988, as amended at 85 FR 4225, Jan. 24, 2020] § 41.32 Nonresident alien Mexican border crossing identification cards; combined border crossing identification cards and B-1/B-2 visitor visas. (a) Combined B-1/B-2 visitor visa and border crossing identification card (B-1/B-2 Visa/BCC) Authorization for issuance. (i) Is a citizen and resident of Mexico; (ii) Seeks to enter the United States as a temporary visitor for business or pleasure as defined in INA 101(a)(15)(B) for periods of stay not exceeding six months; (iii) Is otherwise eligible for a B-1 or a B-2 temporary visitor visa. (2) Procedure for application. (3) Personal appearance. (4) Issuance and format. (i) Post symbol; (ii) Number of the card; (iii) Date of issuance; (iv) Indicia “B-1/B-2 Visa and Border Crossing Card”; (v) Name, date of birth, and sex of the person to whom issued; and (vi) Date of expiration. (b) Validity. (c) Revocation. (d) Voidance. (2) A BCC issued at any time by a consular officer in Mexico under any provisions of this section contained in the 22 CFR, parts 1 to 299, edition revised as of April 1, 1998, is void if a consular or immigration officer determines that the alien has violated the conditions of the alien's admission into the United States, including the period of stay authorized by the Secretary of Homeland Security. (3) A consular or immigration officer shall immediately take possession of a card determined to be void under paragraphs (d) (1) or (2) of this section and physically cancel it under standard security conditions. If the document voided in paragraphs (d) (1) or (2) is in the form of a stamp in a passport the officer shall write or stamp “canceled” across the face of the document. (e) Replacement. [64 FR 45163, Aug. 19, 1999, as amended at 71 FR 30591, May 30, 2006; 71 FR 34521, June 15, 2006; 73 FR 23068, Apr. 29, 2008] § 41.33 Nonresident alien Canadian border crossing identification card (BCC). (a) Validity of Canadian BCC. (b) Revocation of Canadian BCC. (c) Voidance. (2) A BCC issued at any time by a consular officer in Canada under any provisions of this section contained in the 22 CFR, parts 1 to 299, edition revised as of April 1, 1998, is void if a consular or immigration officer finds that the alien has violated the conditions of the alien's admission into the United States, including the period of stay authorized by the Secretary of Homeland Security. (3) A consular or immigration officer shall immediately take possession of a card determined to be void under paragraphs (c) (1) or (2) of this section and physically cancel it under standard security conditions. If the document voided under paragraphs (c) (1) or (2) is in the form of a stamp in a passport the officer shall write or stamp “canceled” across the face of the document. [64 FR 45164, Aug. 19, 1999] Subpart E—Crewman and Crew-List Visas § 41.41 Crewmen. (a) Alien classifiable as crewman. (b) Alien not classifiable as crewman. [52 FR 42597, Nov. 5, 1987, as amended at 66 FR 10364, Feb. 15, 2001] § 41.42 [Reserved] Subpart F—Business and Media Visas § 41.51 Treaty trader, treaty investor, or treaty alien in a specialty occupation. (a) Treaty trader Classification. (i) Will be in the United States solely to carry on trade of a substantial nature, which is international in scope, either on the alien's behalf or as an employee of a foreign person or organization engaged in trade, principally between the United States and the foreign state of which the alien is a national, (consideration being given to any conditions in the country of which the alien is a national which may affect the alien's ability to carry on such substantial trade); and (ii) Intends to depart from the United States upon the termination of E-1 status. (2) Employee of treaty trader. (i) A person having the nationality of the treaty country, who is maintaining the status of treaty trader if in the United States or, if not in the United States, would be classifiable as a treaty trader; or (ii) An organization at least 50% owned by persons having the nationality of the treaty country who are maintaining nonimmigrant treaty trader status if residing in the United States or, if not residing in the United States, who would be classifiable as treaty traders. (3) Spouse and children of treaty trader. (4) Representative of foreign information media. (5) Treaty country. (6) Nationality of the treaty country. (7) Trade. (8) Item of trade. (9) Substantial trade. (10) Principal trade. (11) Executive or supervisory character. (i) An executive position provides the employee great authority to determine policy of and direction for the enterprise. (ii) A position primarily of supervisory character grants the employee supervisory responsibility for a significant proportion of an enterprise's operations and does not generally involve the direct supervision of low-level employees. (12) Special qualifications. (i) The essential nature of the alien's skills to the employing firm is determined by assessing the degree of proven expertise of the alien in the area of operations involved, the uniqueness of the specific skill or aptitude, the length of experience and/or training with the firm, the period of training or other experience necessary to perform effectively the projected duties, and the salary the special qualifications can command. The question of special skills and qualifications must be determined by assessing the circumstances on a case-by-case basis. (ii) Whether the special qualifications are essential will be assessed in light of all circumstances at the time of each visa application on a case-by-case basis. A skill that is unique at one point may become commonplace at a later date. Skills required to start up an enterprise may no longer be essential after initial operations are complete and are running smoothly. Some skills are essential only in the short-term for the training of locally hired employees. Long-term essentiality might, however, be established in connection with continuous activities in such areas as product improvement, quality control, or the provision of a service not generally available in the United States. (13) Labor disputes. (i) There is in progress a strike or lockout in the course of a labor dispute in the occupational classification at the place or intended place of employment; and (ii) The alien has failed to establish that the alien's entry will not affect adversely the settlement of the strike or lockout or the employment of any person who is involved in the strike or lockout. (b) Treaty investor Classification. (i) Has invested or is actively in the process of investing a substantial amount of capital in bona fide enterprise in the United States, as distinct from a relatively small amount of capital in a marginal enterprise solely for the purpose of earning a living; and (ii) Is seeking entry solely to develop and direct the enterprise; and (iii) Intends to depart from the United States upon the termination of E'2 status. (2) Employee of treaty investor. (i) A person having the nationality of the treaty country, who is maintaining the status of treaty investor if in the United States or, if not in the United States, who would be classifiable as a treaty investor; or (ii) An organization at least 50% owned by persons having the nationality of the treaty country who are maintaining nonimmigrant treaty investor status if residing in the United States or, if not residing in the United States, who would be classifiable as treaty investors. (3) Spouse and children of treaty investor. (4) Representative of foreign information media. (5) Treaty country. (6) Nationality of the treaty country. (7) Investment. (8) Bona fide enterprise. (9) Substantial amount of capital. (i)(A) Substantial in the proportional sense, i.e. (B) Sufficient to ensure the treaty investor's financial commitment to the successful operation of the enterprise; and (C) Of a magnitude to support the likelihood that the treaty investor will successfully develop and direct the enterprise. (ii) Whether an amount of capital is substantial in the proportionality sense is understood in terms of an inverted sliding scale; i.e. (10) Marginal enterprise. (11) Solely to develop and direct. (12) Executive or supervisory character. (i) An executive position provides the employee great authority to determine policy of and direction for the enterprise. (ii) A position primarily of supervisory character grants the employee supervisory responsibility for a significant proportion of an enterprise's operations and does not generally involve the direct supervision of low-level employees. (13) Special qualifications. (i) The essential nature of the alien's skills to the employing firm is determined by assessing the degree of proven expertise of the alien in the area of operations involved, the uniqueness of the specific skill or aptitude, the length of experience and/or training with the firm, the period of training or other experience necessary to perform effectively the projected duties, and the salary the special qualifications can command. The question of special skills and qualifications must be determined by assessing the circumstances on a case-by-case basis. (ii) Whether the special qualifications are essential will be assessed in light of all circumstances at the time of each visa application on a case-by-case basis. A skill that is unique at one point may become commonplace at a later date. Skills required to start up an enterprise may no longer be essential after initial operations are complete and are running smoothly. Some skills are essential only in the short-term for the training of locally hired employees. Long-term essentiality might, however, be established in connection with continuous activities in such areas as product improvement, quality control, or the provision of a service not generally available in the United States. (14) Labor disputes. (i) There is in progress a strike or lockout in the course of a labor dispute in the occupational classification at the place or intended place of employment; and (ii) The alien has failed to establish that the alien's entry will not affect adversely the settlement of the strike or lockout or the employment of any person who is involved in the strike or lockout. (c) Nonimmigrant E-3 treaty aliens in specialty occupations Classification. (i) Possesses the nationality of the country statutorily designated for treaty aliens in specialty occupation status; (ii) Satisfies the requirements of INA 214(i)(1) and the corresponding regulations defining specialty occupation promulgated by the Department of Homeland Security; (iii) Presents to a consular officer a copy of the Labor Condition Application signed by the employer and approved by the Department of Labor, and meeting the attestation requirements of INA Section 212(t)(1); (iv) Presents to a consular officer evidence of the alien's academic or other qualifying credentials as required under INA 214(i)(1), and a job offer letter or other documentation from the employer establishing that upon entry into the United States the applicant will be engaged in qualifying work in a specialty occupation, as defined in paragraph (c)(1)(ii) of this section, and that the alien will be paid the actual or prevailing wage referred to in INA 212(t)(1); (v) Has a visa number allocated under INA 214(g)(11)(B); and, (vi) Intends to depart upon the termination of E-3 status. (2) Spouse and children of treaty alien in a specialty occupation. [70 FR 52293, Sept. 2, 2005] § 41.52 Information media representative. (a) Representative of foreign press, radio, film, or other information media. (b) Classification when applicant eligible for both I visa and E visa. (c) Spouse and children of information media representative. § 41.53 Temporary workers and trainees. (a) Requirements for H classification. (1) The consular officer is satisfied that the alien qualifies under that section; and either (2) With respect to the principal alien, the consular officer has received official evidence of the approval by DHS, or by the Department of Labor in the case of temporary agricultural workers, of a petition to accord such classification or of the extension by DHS of the period of authorized entry in such classification; or (3) The consular officer is satisfied the alien is the spouse or child of an alien so classified and is accompanying or following to join the principal alien. (b) Petition approval. (c) Validity of visa. (d) Alien not entitled to H classification. (e) “Trainee” defined. Trainee, (f) Former exchange visitor. [57 FR 31449, July 16, 1992, as amended at 61 FR 1833, Jan. 24, 1996; 65 FR 52306, Aug. 29, 2000] § 41.54 Intracompany transferees (executives, managers, and specialized knowledge employees). (a) Requirements for L classification. (1) The consular officer is satisfied that the alien qualifies under that section; and either (2) In the case of an individual petition, the consular officer has received official evidence of the approval by DHS of a petition to accord such classification or of the extension by DHS of the period of authorized stay in such classification; or (3) In the case of a blanket petition, (i) The alien has presented to the consular officer official evidence of the approval by DHS of a blanket petition listing only those intracompany relationships and positions found to qualify under INA section 101(a)(15)(L); (ii) The alien is otherwise eligible for L-1 classification pursuant to the blanket petition; and, (iii) The alien requests that he or she be accorded such classification for the purpose of being transferred to, or remaining in, qualifying positions identified in such blanket petition; or (4) The consular officer is satisfied the alien is the spouse or child of an alien so classified and is accompanying or following to join the principal alien. (b) Petition approval. (c) Alien not entitled to L-1 classification under individual petition. (d) Labor disputes. (1) There is in progress a strike or lockout in the course of a labor dispute in the occupational classification at the place or intended place of employment; and, (2) The alien has failed to establish that the alien's entry will not affect adversely the settlement of the strike or lockout or the employment of any person who is involved in the strike or lockout. (e) Alien not entitled to L-1 classification under blanket petition. (1) The alien has been continuously employed by the same employer, an affiliate or a subsidiary thereof, for one year within the three years immediately preceding the application for the L visa; (2) The alien was rendering services in a capacity that is managerial, executive, or involves specialized knowledge throughout that year; or (3) The alien is destined to render services in such a capacity, as identified in the petition and in an organization listed in the petition. (f) Former exchange visitor. [77 FR 8120, Feb. 14, 2012] § 41.55 Aliens with extraordinary ability. (a) Requirements for O classification. (1) The consular officer is satisfied that the alien qualifies under the provisions of that section; and either (2) With respect to the principal alien, the consular officer has received official evidence of the approval by DHS of a petition to accord such classification or of the extension by DHS of the period of authorized stay in such classification; or (3) The consular officer is satisfied the alien is the spouse or child of an alien so classified and is accompanying or following to join the principal alien. (b) Approval of visa. (c) Validity of visa. (d) Alien not entitled to O classification. [57 FR 31450, July 16, 1992, as amended at 61 FR 1833, Jan. 24, 1996] § 41.56 Athletes, artists and entertainers. (a) Requirements for P classification. (1) The consular officer is satisfied that the alien qualifies under the provisions of that section; and either (2) With respect to the principal alien, the consular officer has received official evidence of the approval by DHS of a petition to accord such classification or of the extension by DHS of the period of authorized stay in such classification; or (3) The consular officer is satisfied the alien is the spouse or child of an alien so classified and is accompanying or following to join the principal alien. (b) Approval of visa. (c) Validity of visa. (d) Alien not entitled to P classification. [57 FR 31450, July 16, 1992, as amended at 61 FR 1833, Jan. 24, 1996] § 41.57 International cultural exchange visitors. (a) International cultural exchange visitors Requirements for classification under INA section 101(a)(15)(Q)(i). (i) The consular officer is satisfied that the alien qualifies under the provisions of that section, and (ii) The consular officer has received official evidence of the approval by DHS of a petition or the extension by DHS of the period of authorized stay in such classification. (2) Approval of petition. (3) Validity of visa. (4) Alien not entitled to Q classification. (b) [Reserved] [65 FR 14770, Mar. 17, 2000, as amended at 66 FR 52502, Oct. 16, 2001; 85 FR 38321, June 26, 2020] § 41.58 Aliens in religious occupations. (a) Requirements for “R” classification. (1) The consular officer is satisfied that the alien qualifies under the provisions of that section; and (2) With respect to the principal alien, the consular officer has received official evidence of the approval by USCIS of a petition to accord such classification or the extension by USCIS of the period of authorized stay in such classification; or (3) The alien is the spouse or child of an alien so classified and is accompanying or following to join the principal alien. (b) Petition approval. (c) Validity of visa. (d) Aliens not entitled to classification under INA 101(a)(15)(R). [74 FR 51237, Oct. 6, 2009] § 41.59 Professionals under the United States-Mexico-Canada Agreement (USMCA). (a) Requirements for classification as a USMCA professional. (1) The consular officer is satisfied that the alien qualifies under the provisions of that section; and (2) The alien shall have presented to the consular officer sufficient evidence of an offer of employment in the United States requiring employment of a person in a professional capacity consistent with Section D and Appendix 2 of Annex 16-A of Chapter 16 of the USMCA and sufficient evidence that the alien possesses the credentials of that profession as listed in said appendix; or (3) The alien is the spouse or child of an alien so classified in accordance with paragraph (a)(2) of this section and is accompanying or following to join the principal alien. (b) Visa validity. (c) Temporary entry. (d) Labor disputes. (1) There is in progress a strike or lockout in the course of a labor dispute in the occupational classification at the place or intended place of employment; and (2) The alien has failed to establish that the alien's entry will not affect adversely the settlement of the strike or lockout or the employment of any person who is involved in the strike or lockout. [86 FR 61065, Nov. 5, 2021] Subpart G—Students and Exchange Visitors § 41.61 Students—academic and nonacademic. (a) Definitions Academic, (2) Nonacademic, (b) Classification. (i) The alien has been accepted for attendance for the purpose of pursuing a full course of study, or, for students classified under INA 101(a)(15) (F)(iii) and (M)(iii) Border Commuter Students, full or part-time course of study, in an academic institution approved by the Secretary of Homeland Security for foreign students under INA 101(a)(15)(F)(i) or a nonacademic institution approved under 101(a)(15)(M)(i). The alien has presented a SEVIS Form I-20, Form I-20A-B/I-20ID. Certificate of Eligibility For Nonimmigrant Student Status—For Academic and Language Students, or Form I-20M-N/I-20ID, Certificate of Eligibility for Nonimmigrant Student Status—For Vocational Students, properly completed and signed by the alien and a designated official as prescribed in regulations found at 8 CFR 214.2(F) and 214.2(M); (ii) The alien possesses sufficient funds to cover expenses while in the United States or can satisfy the consular officer that other arrangements have been made to meet those expenses; (iii) The alien, unless coming to participate exclusively in an English language training program, has sufficient knowledge of the English language to undertake the chosen course of study or training. If the alien's knowledge of English is inadequate, the consular officer may nevertheless find the alien so classifiable if the accepting institution offers English language training, and has accepted the alien expressly for a full course of study (or part-time course of study for Border Commuter Students) in a language with which the alien is familiar, or will enroll the alien in a combination of courses and English instruction which will constitute a full course of study if required; and (iv) The alien intends, and will be able, to depart upon termination of student status. (2) An alien otherwise qualified for classification as a student, who intends to study the English language exclusively, may be classified as a student under INA 101(a) (15) (F) (i) even though no credits are given by the accepting institution for such study. The accepting institution, however, must offer a full course of study in the English language and must accept the alien expressly for such study. (3) The alien spouse and minor children of an alien who has been or will be issued a visa under INA 101(a) (15) (F) (i) or 101(a) (15) (M) (i) may receive nonimmigrant visas under INA 101(a) (15) (F) (ii) or 101(a) (15) (M) (ii) if the consular officer is satisfied that they will be accompanying or following to join the principal alien; that sufficient funds are available to cover their expenses in the United States; and, that they intend to leave the United States upon the termination of the status of the principal alien. (c) Posting of bond. (d) Electronic verification and notification. [52 FR 42597, Nov. 5, 1987, as amended at 67 FR 58695, Sept. 18, 2002; 68 FR 28131, May 23, 2003] § 41.62 Exchange visitors. (a) J-1 classification. (1) Has been accepted to participate, and intends to participate, in an exchange visitor program designated by the Bureau of Education and Cultural Affairs, Department of State, as evidenced by the presentation of a properly executed Form DS-2019, Certificate of Eligibility for Exchange Visitor (J-1) Status; (2) Has sufficient funds to cover expenses or has made other arrangements to provide for expenses; (3) Has sufficient knowledge of the English language to undertake the program for which selected, or, except for an alien coming to participate in a graduate medical education or training program, the sponsoring organization is aware of the language deficiency and has nevertheless indicated willingness to accept the alien; and (4) Meets the requirements of INA 212(j) if coming to participate in a graduate medical education or training program. (5) Electronic verification and notification. (b) J-2 Classification. (c) Applicability of INA 212(e). (i) The alien's participation in one or more exchange programs was wholly or partially financed, directly or indirectly, by the U.S. Government or by the government of the alien's last legal permanent residence; or (ii) At the time of the issuance of an exchange visitor visa and admission to the United States, or, if not required to obtain a nonimmigrant visa, at the time of admission as an exchange visitor, or at the time of acquisition of such status after admission, the alien is a national and resident or, if not a national, a legal permanent resident (or has status equivalent thereto) of a country which the Secretary of State has designated, through publication by public notice in the Federal Register, (iii) The alien acquires exchange visitor status in order to receive graduate medical education or training in the United States. (2) For the purposes of this paragraph the terms financed directly financed indirectly (3) The country in which 2 years' residence and physical presence will satisfy the requirements of INA 212(e) in the case of an alien determined to be subject to such requirements is the country of which the alien is a national and resident, or, if not a national, a legal permanent resident (or has status equivalent thereto). (4) If an alien is subject to the 2-year foreign residence requirement of INA 212(e), the spouse or child of that alien, accompanying or following to join the alien, is also subject to that requirement if admitted to the United States pursuant to INA 101(a) (15) (J) or if status is acquired pursuant to that section after admission. (d) Notification to alien concerning 2-year foreign residence requirement. [52 FR 42597, Nov. 5, 1987, as amended at 67 FR 58695, Sept. 18, 2002; 68 FR 28132, May 23, 2003; 72 FR 10061, Mar. 7, 2007] § 41.63 Two-year home-country physical presence requirement. (a) Statutory basis for rule. (1) No person admitted under Section 101(a) (15)(J) or acquiring such status after admission: (i) Whose participation in the program for which he came to the United States was financed in whole or in part, directly or indirectly, by an agency of the United States Government or by the government of the country of his nationality or of his last legal permanent residence; (ii) Who at the time of admission or acquisition of status under 101(a)(15)(J) was a national or legal permanent resident of a country which the Secretary of State, pursuant to regulations prescribed by him, had designated as clearly requiring the services of persons engaged in the field of specialized knowledge or skill in which the alien was engaged [See the most recent “Revised Exchange Visitor Skills List”, at http://exchanges.state.gov/education/jexchanges/participation/skills_list.pdf (iii) Who came to the United States or acquired such status in order to receive graduate medical education or training, shall be eligible to apply for an immigrant visa, or for permanent residence, or for a nonimmigrant visa under section 101(a)(15)(H) or section 101(a)(15)(L) until is established that such person has resided and been physically present in the country of his nationality or his last legal permanent residence for an aggregate of at least two years following departure from the United States. (2) Upon the favorable recommendation of the Secretary of State, pursuant to the request of an interested United States Government agency (or in the case of an alien who is a graduate of a foreign medical school pursuing a program in graduate medical education or training, pursuant to the request of a State Department of Public Health, or its equivalent), or of the Secretary of Homeland Security after the latter has determined that departure from the United States would impose exceptional hardship upon the alien's spouse or child (if such spouse or child is a citizen of the United States or a legal permanent resident alien), or that the alien cannot return to the country of his nationality or last legal permanent residence because he would be subject to persecution on account of race, religion, or political opinion, the Secretary of Homeland Security may waive the requirement of such two-year foreign residence abroad in the case of any alien whose admission to the United States is found by the Secretary of Homeland Security to be in the public interest except that in the case of a waiver requested by a State Department of Public Health, or its equivalent, the waiver shall be subject to the requirements of section 214(l) of the Immigration and Nationality Act (8 U.S.C. 1184). (3) Except in the case of an alien who is a graduate of a foreign medical school pursuing a program in graduate medical education or training, the Secretary of Homeland Security, upon the favorable recommendation of the Secretary of State, may also waive such two-year foreign residence requirement in any case in which the foreign country of the alien's nationality or last legal permanent residence has furnished the Secretary of State a statement in writing that it has no objection to such waiver in the case of such alien. Notwithstanding the foregoing, an alien who is a graduate of a foreign medical school pursuing a program in graduate medical education or training may obtain a waiver of such two-year foreign residence requirements if said alien meets the requirements of section 214(l) of the Immigration and Nationality Act (8 U.S.C. 1184) and paragraphs (a) (2) and (e) of this section. (b) Request for waiver on the basis of exceptional hardship or probable persecution on account of race, religion, or political opinion. (2)(i) If the Secretary of Homeland Security (Secretary of DHS) determines that compliance with the two-year home-country residence and physical presence requirement would impose exceptional hardship upon the spouse or child of the exchange visitor, or would subject the exchange visitor to persecution on account of race, religion, or political opinion, the Secretary of DHS shall transmit a copy of his determination together with a summary of the details of the expected hardship or persecution, to the Waiver Review Division, in the Department of State's Bureau of Consular Affairs. (ii) With respect to those cases in which the Secretary of DHS has determined that compliance with the two-year home-country residence and physical presence requirement would impose exceptional hardship upon the spouse or child of the exchange visitor, the Waiver Review Division shall review the program, policy, and foreign relations aspects of the case, make a recommendation, and forward it to the appropriate office at DHS. If it deems it appropriate, the Waiver Review Division may request the views of each of the exchange visitors' sponsors concerning the waiver application. Except as set forth in paragraph (g)(4) of this section, the recommendation of the Waiver Review Division shall constitute the recommendation of the Department of State. (iii) With respect to those cases in which the Secretary of DHS has determined that compliance with the two-year home-country residence and physical presence requirement would subject the exchange visitor to persecution on account of race, religion, or political opinion, the Waiver Review Division shall review the program, policy, and foreign relations aspects of the case, including consultation if deemed appropriate with the Bureau of Human Rights and Humanitarian Affairs of the United States Department of State, make a recommendation, and forward such recommendation to the Secretary of DHS. Except as set forth in paragraph (g)(4) of this section, the recommendation of the Waiver Review Division shall constitute the recommendation of the Department of State and such recommendation shall be forwarded to DHS. (c) Requests for waiver made by an interested United States Government Department of State. (2) A United States Government agency requesting a waiver shall submit its request in writing and fully explain why the grant of such waiver request would be in the public interest and the detrimental effect that would result to the program or activity of interest to the requesting agency if the exchange visitor is unable to continue his or her involvement with the program or activity. (3) A request by a United States Government agency shall be signed by the head of the agency, or his or her designee, and shall include copies of all IAP 66 or DS-2019 forms issued to the exchange visitor, his or her current address, and his or her country of nationality or last legal permanent residence. (4) A request by a United States Government agency, excepting the Department of Veterans Affairs, on behalf of an exchange visitor who is a foreign medical graduate who entered the United States to pursue graduate medical education or training, and who is willing to provide primary care or specialty medicine in a designated primary care Health Professional shortage Area, or a Medically Underserved Area, or psychiatric care in a Mental Health Professional Shortage Area, shall, in additional to the requirement set forth in paragraphs (c)(2) and (3) of this section, include: (i) A copy of the employment contract between the foreign medical graduate and the health care facility at which he or she will be employed. Such contract shall specify a term of employment of not less than three years and that the foreign medical graduate is to be employed by the facility for the purpose of providing not less than 40 hours per week of primary medical care, i.e. (ii) A statement, signed and dated by the head of the health care facility at which the foreign medical graduate will be employed, that the facility is located in an area designated by the Secretary of Health and Human Services as a Medically Underserved Area or Primary Medical Care Health Professional Shortage Area or Mental Health Professional Shortage Area and provides medical care to both Medicaid or Medicare eligible patients and indigent uninsured patients. The statement shall also list the primary care Health Professional Shortage Area, Mental Health Professional Shortage Area, or Medically Underserved Area/Population identifier number of the designation (assigned by the Secretary of Health and Human Services), and shall include the FIPS county code and census tract or block numbering area number (assigned by the Bureau of the Census) or the 9-digit zipcode of the area where the facility is located. (iii) A statement, signed and dated by the foreign medical graduate exchange visitor that shall read as follows: I, ____________________ (name of exchange visitor) hereby declare and certify, under penalty of the provisions of 18 U.S.C. 1001, that I do not now have pending nor am I submitting during the pendency of this request, another request to any United States Government department or agency or any State Department of Public Health, or equivalent, other than ____________________ (insert name of United States Government Agency requesting waiver) to act on my behalf in any matter relating to a waiver of my two-year home-country physical presence requirement. (iv) Evidence that unsuccessful efforts have been made to recruit an American physician for the position to be filled. (5) Except as set forth in paragraph (g)(4) of this section, the recommendation of the Waiver Review Division shall constitute the recommendation of the Department of State and such recommendation shall be forwarded to the Secretary of DHS. (d) Requests for waiver made on the basis of a statement from the exchange visitor's home-country that it has no objection to the waiver. i.e. (2) The Waiver Review Division shall review the program, policy, and foreign relations aspects of the case and forward its recommendation to the Secretary of DHS. Except as set forth in § 41.63(g)(4), infra, the recommendation of the Waiver Review Division shall constitute the recommendation of the Department of State. (3) An exchange visitor who is a graduate of a foreign medical school and who is pursuing a program in graduate medical education or training in the United States is prohibited under section 212(e) of the Immigration and Nationality Act from applying for a waiver solely on the basis of no objection from his or her country of nationality or last legal permanent residence. However, an alien who is a graduate of a foreign medical school pursuing a program in graduate medical education or training may obtain a waiver of such two-year foreign residence requirements if said alien meets the requirements of section 214(l) of the Immigration and Nationality Act (8 U.S.C. 1184) and paragraphs (a)(2) and (e) of this section. (e) Requests for waiver from a State Department of Public Health, or its equivalent, on the basis of Public Law 103-416. (2) With respect to such waiver under Public Law 104-416, if such alien is contractually obligated to return to his or her home country upon completion of the graduate medical education or training, the Secretary of State is to be furnished with a statement in writing that the country to which such alien is required to return has no objection to such waiver. The no objection statement shall be furnished to the Secretary of State in the manner and form set forth in paragraph (d) of this section and, additionally, shall bear a notation that it is being furnished pursuant to Public Law 103-416. (3) The State Department of Public Health, or equivalent agency, shall include in the waiver application the following: (i) A completed DS-3035. Copies of these forms may be obtained from the Visa Office or online at http://www.travel.state.gov. (ii) A letter from the Director of the designated State Department of Public Health, or its equivalent, which identifies the foreign medical graduate by name, country of nationality or country of last legal permanent residence, and date of birth, and states that it is in the public interest that a waiver of the two-year home residence requirement be granted; (iii) An employment contract between the foreign medical graduate and the health care facility named in the waiver application, to include the name and address of the health care facility, and the specific geographical area or areas in which the foreign medical graduate will practice medicine. The employment contract shall include a statement by the foreign medical graduate that he or she agrees to meet the requirements set forth in section 214(l) of the Immigration and Nationality Act. The term of the employment contract shall be at least three years and the geographical areas of employment shall only be in areas, within the respective state, designated by the Secretary of Health and Human Services as having a shortage of health care professionals, unless the waiver request is for an alien who will practice medicine in a facility that serves patients who reside in one or more geographic areas so designated by the Secretary of Health and Human Services without regard to whether such facility is located within such a designated geographic area. For the latter situation, which will be referred to as “non-designated requests”, the contract should also state that the term of the employment contract shall be at least three years and employment shall only be in a facility that serves patients who reside in one or more geographic areas so designed by the Secretary of Health and Human Services as having a shortage of health care professionals. (iv) Evidence establishing that the geographic area or areas in the state in which the foreign medical graduate will practice medicine or where patients who will be served by the foreign medical graduates reside, are areas which have been designated by the Secretary of Health and Human Services as having a shortage of health care professionals. For purposes of this paragraph, the geographic area or areas must be designated by the Department of Health and Human Services as a Health Professional Shortage Area (“HPSA”) or as a Medically Underserved Area/Medically Underserved Population (“MUA/MUP”). (v) Copies of all forms IAP 66 or DS-2019 issued to the foreign medical graduate seeking the waiver; (vi) A copy of the foreign medical graduate's curriculum vitae (vii) If the foreign medical graduate is otherwise contractually required to return to his or her home country at the conclusion of the graduate medical education or training, a copy of the statement of no objection from the foreign medical graduate's country of nationality or last residence; and, (viii) Because of the numerical limitations on the approval of waivers under Public Law 103-416, i.e. (4) The Waiver Review Division shall review the program, policy, and foreign relations aspects of the case and forward its recommendation to the Secretary of DHS. Except as set forth in paragraph (g)(4) of this section, the recommendation of the Waiver Review Division shall constitute the recommendation of the Department of State. (f) Changed circumstances. (g) The Waiver Review Board. (i) The Principal Deputy Assistant Secretary of the Bureau of Consular Affairs; (ii) The Director of Office of Public Affairs for the Bureau of Consular Affairs; (iii) The Legislative Management Officer for Consular Affairs, Bureau of Legislative Affairs; (iv) The Director of the Office of Exchange Coordination and Designation in the Bureau of Educational and Cultural Affairs; and (v) The Director of the Office of Policy and Evaluation in the Bureau of Educational and Cultural Affairs. (2) A person who has had substantial prior involvement in a particular case referred to the Board may not be appointed to, or serve on, the Board for that particular case unless the Bureau of Consular Affairs determines that the individual's inclusion on the Board is otherwise necessary or practicably unavoidable. (3) The Principal Deputy Assistant Secretary of Consular Affairs, or his or her designee, shall serve as Board Chairman. No designee under this paragraph (g)(3) shall serve for more than 2 years. (4) Cases will be referred to the Board at the discretion of the Chief, Waiver Review Division, of the Visa Office. The Chief, Waiver Review Division, or his or her designee may, at the Chairman's discretion, appear and present facts related to the case but shall not participate in Board deliberations. (5) The Chairman of the Board shall be responsible for convening the Board and distributing all necessary information to its members. Upon being convened, the Board shall review the case file and weigh the request against the program, policy, and foreign relations aspects of the case. (6) The Bureau of Consular Affairs shall appoint, on a case-by-case basis, from among the attorneys in the State Department's Office of Legal Advisor one attorney to serve as legal advisor to the Board. (7) At the conclusion of its review of the case, the Board shall make a written recommendation either to grant or to deny the waiver application. The written recommendation of a majority of the Board shall constitute the recommendation of the Board. Such recommendation shall be promptly transmitted by the Chairman to the Chief, Waiver Review Division. (8) At the conclusion of its review of the case, the Board shall make a written recommendation either to grant or to deny the waiver application. The written recommendation of a majority of the Board shall constitute the recommendation of the Board. Such recommendation shall be promptly transmitted by the Chairman to the Chief, Waiver Review Division. [58 FR 15196, Mar. 19, 1993; 58 FR 18305, Apr. 8, 1993; 58 FR 48448, Sept. 16, 1993; 60 FR 16787, 16788, Apr. 3, 1995; 60 FR 53125, Oct. 12, 1995; 62 FR 19222, Apr. 21, 1997; 62 FR 28803, May 28, 1997. Redesignated and amended at 64 FR 54539, 54540, Oct. 7, 1999; 67 FR 77160, Dec. 17, 2002; 72 FR 10061, Mar. 7, 2007] Subpart H—Transit Aliens § 41.71 Transit aliens. (a) Transit aliens—general. (1) Intends to pass in immediate and continuous transit through the United States; (2) Is in possession of a common carrier ticket or other evidence of transportation arrangements to the alien's destination; (3) Is in possession of sufficient funds to carry out the purpose of the transit journey, or has sufficient funds otherwise available for that purpose; and (4) Has permission to enter some country other than the United States following the transit through the United States, unless the alien submits satisfactory evidence that such advance permission is not required. (b) Certain aliens in transit to United Nations. Subpart I—Fiance(e)s and Other Nonimmigrants § 41.81 Fiancé(e) or spouse of a U.S. citizen and derivative children. (a) Fiancé(e). (1) The consular officer is satisfied that the alien is qualified under that provision and the consular officer has received a petition filed by a U.S. citizen to confer nonimmigrant status as a fiancé(e) on the alien, which has been approved by the DHS under INA 214(d), or a notification of such approval from that Service; (2) The consular officer has received from the alien the alien's sworn statement of ability and intent to conclude a valid marriage with the petitioner within 90 days of arrival in the United States; and (3) The alien has met all other qualifications in order to receive a nonimmigrant visa, including the requirements of paragraph (d) of this section. (b) Spouse. (1) The consular officer is satisfied that the alien is qualified under that provision and the consular officer has received a petition approved by the DHS pursuant to INA 214(p)(1), that was filed by the U.S. citizen spouse of the alien in the United States. (2) If the alien's marriage to the U.S. citizen was contracted outside of the United States, the alien is applying in the country in which the marriage took place, or if there is no consular post in that country, then at a consular post designated by the Deputy Assistant Secretary of State for Visa Services to accept immigrant visa applications for nationals of that country. (3) If the marriage was contracted in the United States, the alien is applying in a country as provided in part 42, § 42.61 of this chapter. (4) The alien otherwise has met all applicable requirements in order to receive a nonimmigrant visa, including the requirements of paragraph (d) of this section. (c) Child. (1) The consular officer is satisfied that the alien is the child of an alien classified under INA 101(a)(15)(K)(i) or (ii) and is accompanying or following to join the principal alien; and (2) The alien otherwise has met all other applicable requirements in order to receive a nonimmigrant visa, including the requirements of paragraph (d) of this section. (d) Eligibility as an immigrant required. [66 FR 19393, Apr. 16, 2001] § 41.82 Certain parents and children of section 101(a)(27)(I) special immigrants. [Reserved] § 41.83 Certain witnesses and informants. (a) General. (1) The consular officer is satisfied that the alien qualifies under the provisions of that section; and (2)(i) The consular officer has received verification from the Department of State, Visa Office, that: (A) in the case of INA 101(a)(15)(S)(i) the DHS has certified that the alien is accorded such classification, or (B) in the case of INA 101(a)(15)(S)(ii) the Assistant Secretary of State for Consular Affairs on behalf of the Secretary of State and the DHS have certified that the alien is accorded such classification; (ii) and the alien is granted an INA 212(d)(1) waiver of any INA 212(a) ground of ineligibility known at the time of verification. (b) Certification of S visa status. (c) Validity of visa. [61 FR 1838, Jan. 24, 1996, as amended at 71 FR 34521, June 15, 2006] § 41.84 Victims of trafficking in persons. (a) Eligibility. (1) The consular officer is satisfied that the applicant has the required relationship to an individual who has been granted status by the Secretary for Homeland Security under INA 101(a)(15)(T)(i); or the consular officer is satisfied that the applicant has the required relationship with a derivative family member; (2) The consular officer is satisfied that the applicant is otherwise admissible under the immigration laws of the United States; and (3) The consular officer has received a DHS-approved I-914, Supplement A, evidencing that the applicant has been granted derivative status. (b) Visa validity. [88 FR 45072, July 14, 2023] § 41.86 Certain spouses and children of lawful permanent resident aliens. (a) Definition of “remains pending”. (b) Entitlement to classification. (1) The consular officer has received notification from the Department of State or the Department of Justice that a petition to accord status to the alien as a spouse or child pursuant to INA 203(a)(2)(A) was filed on or before December 21, 2000; or (2) The alien is eligible to derive benefits pursuant to INA 203(d) as a child of an alien described in paragraph (b)(1) of this section and such alien has qualified for V classification; and (3) It has been three years or more since the filing date of the petition described in paragraph (b)(1) of this section and applicable to paragraph (b)(2) of this section and either: (i) The petition has not been approved; or (ii) If it has been approved, either no immigrant visa number is immediately available or the alien's application for adjustment of status or the alien's application for a visa remains pending. (c) Eligibility as an immigrant required. (d) Place of application. [66 FR 19393, Apr. 16, 2001] Subpart J—Application for Nonimmigrant Visa § 41.101 Place of application. (a) Application for regular visa made at jurisdictional consular office of alien's residence or physical presence. (i) The alien is physically present in the United States and is entitled to apply for issuance or reissuance of a visa under the provisions of § 41.111(b); or (ii) A consular office having jurisdiction over the area in which the alien is physically present but not resident has agreed, as a matter of discretion or at the direction of the Department, to accept the alien's application; or (iii) The alien is subject to INA 222(g) and must apply as set forth in paragraph (b) or (c) of this section. (2) The Deputy Assistant Secretary of State for Visa Services is authorized to designate the geographical area for which each consular office possesses jurisdiction to process nonimmigrant visa applications. (b) Place of application for persons subject to INA 222(g). (c) Exceptions based on extraordinary circumstances. (2) Any other individual or group whose circumstances are determined to be extraordinary, in accordance with paragraph (d)(1) of this section, by the Deputy Assistant Secretary for Visa Services upon the favorable recommendation of an immigration or consular officer, shall make application in accordance with paragraph (a) of this section. (3) An alien who has, or immediately prior to the alien's last entry into the United States had, a residence in a country other than the country of the alien's nationality shall apply at a consular office with jurisdiction in or for the country of residence. (4) An alien who is a national and resident of a country in which there is no United States consular office shall apply at a consular office designated by the Deputy Assistant Secretary for Visa Services to accept immigrant visa applications from persons of that nationality. (5) An alien who possesses more than one nationality and who has, or immediately prior to the alien's last entry into the United States had, a residence in one of the countries of the alien's nationality shall apply at a consular office in the country of such residence. (d) Definitions relevant to INA 222(g). (2) Nationality—For purposes of paragraph (b) of this section, a stateless person shall be considered to be a national of the country which issued the alien's travel document. (e) Regular visa defined. (f) [Reserved] [52 FR 42597, Nov. 5, 1987; 53 FR 9112, Mar. 21, 1988, as amended at 61 FR 1522, Jan. 22, 1996; 61 FR 53058, Oct. 10, 1996; 61 FR 56439, Nov. 1, 1996; 63 FR 671, Jan. 7, 1998; 63 FR 36366, July 6, 1998; 65 FR 14771, Mar. 17, 2000; 66 FR 38542, July 25, 2001; 67 FR 66046, Oct. 30, 2002; 85 FR 38321, June 26, 2020] § 41.102 Personal appearance of applicant. (a) Except when the requirement of personal appearance has been waived pursuant to paragraph (b), (c), or (d) of this section, each applicant for a nonimmigrant visa who is at least 14 years of age and not more than 79 years of age must personally appear before and be interviewed by a consular officer, who shall determine on the basis of the applicant's representations, the visa application and other relevant documentation: (1) The proper nonimmigrant classification, if any, of the alien; and (2) The alien's eligibility to receive a visa. (b) Waivers of personal appearance by consular officers. Except as provided in paragraph (e) of this section or as otherwise instructed by the Deputy Assistant Secretary of State for Visa Services, a consular officer may waive the requirement of personal appearance if the consular officer concludes the alien presents no national security concerns requiring an interview and: (1) Is within a class of nonimmigrants classifiable under the visa symbols A-1, A-2, C-2, C-3 (except attendants, servants, or personal employees of accredited officials), G-1, G-2, G-3, G-4, NATO-1, NATO-2, NATO-3, NATO-4, NATO-5, NATO-6, or is a Taipei Economic and Cultural Representative Office (TECRO) nonimmigrant classifiable under visa symbol E-1, and is seeking a visa in such classification; or (2) Is an applicant for a diplomatic or official visa as described in § 41.26 or § 41.27 of this chapter; or (3) Is an applicant who is within 12 months of the expiration of the applicant's previously issued visa and: (i) Is seeking re-issuance of a nonimmigrant visa in the same classification; (ii) Is applying at the consular post of the applicant's usual residence; and (iii) Is an applicant for whom the consular officer has no indication of visa ineligibility or of noncompliance with U.S. immigration laws and regulations. (c) Waivers of personal appearance in the national interest. Except as provided in paragraph (e) of this section, the Secretary may waive the requirement of personal appearance of an individual applicant or a class of applicants if the Secretary determines that such waiver is in the national interest of the United States. (d) Waivers of personal appearance in unusual or emergent circumstances. Except as provided in paragraph (e) of this section, the Deputy Assistant Secretary for Visa Services may waive the requirement of personal appearance of an individual applicant or a class of applicants if the Deputy Assistant Secretary determines that such waiver is necessary as a result of unusual or emergent circumstances. (e) Cases in which personal appearance may not be waived. Except for a nonimmigrant applicant whose personal appearance is waived under paragraphs (b)(1), (b)(2), or (c) of this section, the personal appearance requirement may not be waived for: (1) Any nonimmigrant applicant who is not a national or resident of the country in which he or she is applying. (2) Any nonimmigrant applicant who was previously refused a visa, is listed in CLASS, or otherwise requires a Security Advisory Opinion, unless: (i) The visa was refused and the refusal was subsequently overcome; or (ii) The alien was found inadmissible, but the inadmissibility was waived. (3) Any nonimmigrant applicant who is from a country designated by the Secretary of State as a state sponsor of terrorism, regardless of age, or who is a member of a group or sector designated by the Secretary of State under section 222(h)(2)(F) of the Immigration and Nationality Act. [80 FR 69589, Nov. 10, 2015] § 41.103 Filing an application. (a) Filing an application Filing of application required. (2) Filing of an electronic application (Form DS-160) or Form DS-156 by alien under 16 or physically incapable. (3) Waiver of filing of application when personal appearance is waived. (b) Application Preparation of Electronic Nonimmigrant Visa Application (Form DS-160) or, alternatively, Form DS-156. (2) Additional requirements and information as part of application. (3) Signature. (4) Registration. [73 FR 23068, Apr. 29, 2008] § 41.104 Passport requirements. (a) Passports defined. (b) Passport requirement. (c) A single passport including more than one person. (d) Applicants for diplomatic visas. [52 FR 42597, Nov. 5, 1987, as amended at 56 FR 30428, July 2, 1991; 61 FR 1522, Jan. 22, 1996; 61 FR 53058, Oct. 10, 1996; 66 FR 38543, July 25, 2001; 67 FR 66046, Oct. 30, 2002] § 41.105 Supporting documents and fingerprinting. (a) Supporting documents Authority to require documents. (2) Unobtainable documents. (3) Photographs required. (4) Police certificates. (b) Fingerprinting. [52 FR 42597, Nov. 5, 1987; 53 FR 9112, 9172, Mar. 21, 1988, as amended at 61 FR 1522, Jan. 22, 1996; 61 FR 53058, Oct. 10, 1996; 64 FR 13510, Mar. 19, 1999; 67 FR 8478, Feb. 25, 2002; 72 FR 74175, Dec. 31, 2007; 73 FR 49092, Aug. 20, 2008; 88 FR 13696, Mar. 6, 2023] § 41.106 Processing. Consular officers must ensure that the Form DS-160 or, alternatively, Form DS-156 is properly and promptly processed in accordance with the applicable regulations and instructions. [73 FR 23069, Apr. 29, 2008] § 41.107 Visa fees. (a) Fees based on reciprocity. (b) Fees when more than one alien included in visa. (c) Certain aliens exempted from fees. (2) The consular officer shall waive the nonimmigrant visa application and issuance fees for an alien who will be engaging in charitable activities for a charitable organization upon the written request of the charitable organization claiming that it will find the fees a financial burden, if the consular officer is satisfied that: (i) The organization seeking relief from the fees is, if based in the United States, tax-exempt as a charitable organization under the provisions of section 501(c)(3) of the Internal Revenue Code (26 U.S.C. 501(c)(3)); if a foreign organization based outside the United States in a country having laws according recognition to charitable institutions, that it establishes that it is recognized as a charitable institution by that government; and if a foreign organization based in a country without such laws, that it is engaged in activities substantially similar to those underlying section 501(c)(3), and (ii) The charitable activities in which the alien will engage are specified and will be a part of, or will be related to and in support of, the organization's provision of services, including but not limited to health care, food and housing, job training, and similar direct services and assistance to the poor and needy, and (iii) The request includes the location of the proposed activities, the number and identifying data of each of the alien(s) who will be applying for visas, and (iv) The proposed duration of the alien(s)'s temporary stay in the United States is reasonably consistent with the charitable purpose for which the alien(s) seek to enter the United States. (3) Foreign national employees of the U. S. Government who are travelling to the United States on official business in connection with that employment. (d) Refund of fees. (e)(1) Visa processing surcharge. (2) Notwithstanding paragraph (e)(1) of this section, a consular officer shall collect or insure the collection of a processing fee for a machine-readable combined border crossing card and nonimmigrant visa in an amount determined by the Secretary and set forth in 22 CFR 22.1 to be sufficient only to cover the cost for manufacturing the combined card and visa if: (i) The alien is a Mexican citizen under the age of 15; (ii) The alien is applying in Mexico; and (iii) The alien has at least one parent or guardian who has a visa or is applying for a machine-readable combined border crossing card and visa. [52 FR 42597, Nov. 5, 1987, as amended at 59 FR 25325, May 16, 1994; 63 FR 24108, May 1, 1998; 63 FR 52970, Oct. 2, 1998; 65 FR 52307, Aug. 29, 2000; 66 FR 17511, Apr. 2, 2001; 66 FR 38543, July 25, 2001; 67 FR 38893, June 6, 2002; 67 FR 66046, Oct. 30, 2002] § 41.108 Medical examination. (a) Requirements for medical examination. (1) The alien is an applicant for a K nonimmigrant visa as a fiance(e) of a U.S. citizen or as the child of such an applicant; or, (2) The alien is seeking admission for medical treatment and the consular officer considers a medical examination advisable; or, (3) The consular officer has reason to believe that a medical examination might disclose that the alien is medically ineligible to receive a visa. (b) Examination by panel physician. (c) Panel physician facility requirements. Subpart K—Issuance of Nonimmigrant Visa § 41.111 Authority to issue visa. (a) Issuance outside the United States. (1) A consular officer attached to a U.S. diplomatic mission, if authorized to do so by the Chief of Mission; or (2) A consular officer assigned to a consular office under the jurisdiction of a diplomatic mission, if so authorized by the Department or the Chief, Deputy Chief, or Counselor for Consular Affairs of that mission, or, if assigned to a consular post not under the jurisdiction of a diplomatic mission, by the principal officer of that post. (b) Issuance in the United States in certain cases. (1) Qualified applicants who are currently maintaining status and are properly classifiable in the A, C-2, C-3, G or NATO category and intend to reenter the United States in that status after a temporary absence abroad and who also present evidence that: (i) They have been lawfully admitted in that status or have, after admission, had their classification changed to that status; and (ii) Their period of authorized stay in the United States in that status has not expired; and (2) Children who are born in the United States, but who are not subject to the jurisdiction thereof because they are born to certain qualified individuals who are currently maintaining status and are properly classifiable in the A, C-2, C-3, G or NATO category. (3) Other qualified applicants who: (i) Are currently maintaining status in the E, H, I, L, O, or P nonimmigrant category; (ii) Intend to reenter the United States in that status after a temporary absence abroad; and (iii) Who also present evidence that: (A) They were previously issued visas at a consular office abroad and admitted to the United States in the status which they are currently maintaining; and (B) Their period of authorized admission in that status has not expired. [52 FR 42597, Nov. 5, 1987, as amended at 66 FR 12738, Feb. 28, 2001; 87 FR 53375, Aug. 31, 2022] § 41.112 Validity of visa. (a) Significance of period of validity of visa. (b) Validity of visa and number of applications for admission. (2) Notwithstanding paragraph (b)(1) of this section, United States nonimmigrant visas shall have a maximum validity period of 10 years. (3) An unexpired visa is valid for application for admission even if the passport in which the visa is stamped has expired, provided the alien is also in possession of a valid passport issued by the authorities of the country of which the alien is a national. (c) Limitation on validity. (1) A period of validity that is less than that prescribed on a basis of reciprocity, (2) A number of applications for admission within the period of the validity of the visa that is less than that prescribed on a basis of reciprocity, (3) Application for admission at a specified port or at specified ports of entry, or (4) Use on and after a given date subsequent to the date of issuance. (d) Automatic extension of validity at ports of entry. (i) The validity of an expired nonimmigrant visa issued under INA 101(a)(15) may be considered to be automatically extended to the date of application for readmission; and (ii) In cases where the original nonimmigrant classification of an alien has been changed by DHS to another nonimmigrant classification, the validity of an expired or unexpired nonimmigrant visa may be considered to be automatically extended to the date of application for readmission, and the visa may be converted as necessary to that changed classification. (2) The provisions in paragraph (d)(1) of this section are applicable only in the case of a nonimmigrant alien who: (i) Is in possession of a Form I-94, Arrival-Departure Record, endorsed by DHS to show an unexpired period of initial admission or extension of stay, provided that provided that (ii) Is applying for readmission after an absence not exceeding 30 days solely in contiguous territory, or, in the case of a student or exchange visitor or accompanying spouse or child meeting the stipulations of paragraph (d)(2)(i) of this section, after an absence not exceeding 30 days in contiguous territory or adjacent islands other than Cuba; (iii) Has maintained and intends to resume nonimmigrant status; (iv) Is applying for readmission within the authorized period of initial admission or extension of stay; (v) Is in possession of a valid passport; (vi) Does not require authorization for admission under INA 212(d)(3); and (vii) Has not applied for a new visa while abroad. (3) The provisions in paragraphs (d)(1) and (d)(2) of this section shall not apply to the nationals of countries identified as supporting terrorism in the Department's annual report to Congress entitled Patterns of Global Terrorism. [52 FR 42597, Nov. 5, 1987; 53 FR 9112, 9172, Mar. 21, 1988, as amended at 55 FR 36028, Oct. 31, 1990; 62 FR 24332, May 5, 1997; 66 FR 38543, July 25, 2001; 67 FR 10323, Mar. 7, 2002; 67 FR 66046, Oct. 30, 2002; 86 FR 55693, Oct. 7, 2021] § 41.113 Procedures in issuing visas. (a) Evidence of visa. (b) Cases in which a physical visa is not placed in passport. (1) The alien's passport was issued by a government with which the United States does not have formal diplomatic relations, unless the Department has specifically authorized the placing of the visa in such passport; (2) The passport requirement has been waived; or (3) In other cases as authorized by the Department. (c) Visa format. (1) Full name of the applicant; (2) Visa type/class; (3) Location of the visa issuing office; (4) Passport number; (5) Sex; (6) Date of birth; (7) Nationality; (8) Number of applications for admission authorized, or the letter “M” for multiple applications for admission authorized; (9) Date of issuance; (10) Date of expiration; (11) Visa control number. (d) Insertion of name, petition, and derivative status notation. (2) If the visa is being issued upon the basis of a petition approved by the Secretary of Homeland Security, the number of the petition, if any, the period for which the 'alien's admission has been authorized, and the name of the petitioner shall be reflected in the annotation field on the visa. (3) In the case of an alien who derives status from a principal alien, the name of the principal alien and of the petitioner shall be reflected in the annotation field of the visa. (e) Period of validity. (f) Restriction to specified port(s) of entry. (g) Delivery of visa. (h) Disposition of supporting documents. (i) Review of nonimmigrant visa issuances. [80 FR 67315, Nov. 2, 2015] Subpart L—Refusals and Revocations § 41.121 Refusal of nonimmigrant visas. (a) Grounds for refusal. (b) Refusal procedure. (2) If an alien, who has not yet filed a visa application, seeks advice from a consular officer, who knows or has reason to believe that the alien is ineligible to receive a visa on grounds which cannot be overcome by the presentation of additional evidence, the officer shall so inform the alien. The consular officer shall inform the applicant of the provision of law or regulations upon which a refusal of a visa, if applied for, would be based (subject to the exception in paragraph (b)(1) of this section). If practicable, the consular officer should request the alien to execute a nonimmigrant visa application in order to make a formal refusal. If the individual fails to execute a visa application in these circumstances, the consular officer shall treat the matter as if a visa had been refused and create a record of the presumed ineligibility which shall be filed in the consular office. (c) Nonimmigrant refusals must be reviewed, in accordance with guidance by the Secretary of State, by consular supervisors, or a designated alternate, to ensure compliance with laws and procedures. If the ground(s) of ineligibility upon which the visa was refused cannot be overcome by the presentation of additional evidence, the refusal must be reviewed without delay; that is, on the day of the refusal or as soon as it is administratively possible. If the ground(s) of ineligibility may be overcome by the presentation of additional evidence, and the applicant has indicated the intention to submit such evidence, a review of the refusal may be deferred for not more than 120 days. If the reviewing officer disagrees with the decision and he or she has a consular commission and title, the reviewing officer can assume responsibility and readjudicate the case. If the reviewing officer does not have a consular commission and title, he or she must consult with the adjudicating officer, or with the Visa Office, to resolve any disagreement. (d) Review of refusal by Department. [52 FR 42597, Nov. 5, 1987, as amended at 56 FR 30428, July 2, 1991; 63 FR 671, Jan. 7, 1998; 66 FR 10364, Feb. 15, 2001; 71 FR 50339, Aug. 25, 2006; 84 FR 16612, Apr. 22, 2019] § 41.122 Revocation of visas. (a) Grounds for revocation by consular officers. (b) Provisional revocation General. (2) Pending visa eligibility determination. (3) Automatic provisional revocation based on failure to comply with all EVUS requirements. (c) Notice of revocation. (d) Procedure for physically canceling visas. (e) Revocation of visa by immigration officer. (1) The alien obtains an immigrant visa or an adjustment of status to that of permanent resident; (2) The alien is ordered excluded from the United States under INA 236, as in effect prior to April 1, 1997, or removed from the United States pursuant to INA 235; (3) The alien is notified pursuant to INA 235 by an immigration officer at a port of entry that the alien appears to be inadmissible to the United States, and the alien requests and is granted permission to withdraw the application for admission; (4) A final order of deportation or removal or a final order granting voluntary departure with an alternate order of deportation or removal is entered against the alien; (5) The alien has been permitted by DHS to depart voluntarily from the United States; (6) DHS has revoked a waiver of inadmissibility granted pursuant to INA 212(d)(3)(A) in relation to the visa that was issued to the alien; (7) The visa is presented in connection with an application for admission to the United States by a person other than the alien to whom the visa was issued; (8) The visa has been physically removed from the passport in which it was issued; or (9) The visa has been issued in a combined Mexican or Canadian B-1/B-2 visa and border crossing identification card, and the immigration officer makes the determination specified in § 41.32(c) with respect to the alien's Mexican citizenship and/or residence or the determination specified in § 41.33(b) with respect to the alien's status as a permanent resident of Canada. [76 FR 23479, Apr. 27, 2011, as amended at 81 FR 72523, Oct. 20, 2016] § 41.123 Discontinuance of granting nonimmigrant visa pursuant to INA 243(d). (a) Grounds for discontinuance of granting a visa. (b) Discontinuance procedure Applications refused or discontinued only. (2) Geographic applicability. (c) Termination of sanction. [84 FR 16612, Apr. 22, 2019]

Related documents

• 50 CFR Part 600 — Magnuson-Stevens Act Provisions#512148
• 50 CFR Part 622 — Fisheries of the Caribbean, Gulf of America, and South Atlantic#512149
• 50 CFR Part 635 — Atlantic Highly Migratory Species#512150
• 50 CFR Part 648 — Fisheries of the Northeastern United States#512151
• 50 CFR Part 660 — Fisheries off West Coast States#512152