immigrant visa from an alien having no residence in the consular district if the alien is physically present therein.

(b) Applications for diplomatic visas. Application for a diplomatic visa shall be made at a diplomatic mission or at a consular office authorized to issue diplomatic visas, regardless of the nationality or residence of the applicant.

[Dept. Reg. 108.411, 24 F.R. 6687, Aug. 18, 1959, as amended by Dept. Reg. 108.422, 24 F.R. 11082, Dec. 31, 1959]

CROSS REFERENCE: For applications for crew-list visas see § 41.127(b).

§ 41.111 Supporting documents.

(a) Authority to require documents and consideration accorded. The consular officer shall have authority to require such documents as he may consider necessary to establish the alien's eligibility to receive a nonimmigrant visa. All such documents submitted and any other evidence adduced by the alien shall be given consideration by the consular officer, including briefs submitted by attorneys or other representatives.

(b) Unobtainable documents. In the event an alien establishes to the satisfaction of the consular officer that any document or record required under the authority of this section is unobtainable, the consular officer may accept in lieu of such document or record, other satisfactory evidence of the fact to which the document or record would, if obtainable, pertain. A document or other record shall be considered "unobtainable" if it cannot be procured without causing the applicant or a member of his family actual hardship other than normal delay and inconvenience.

(c) Photographs. Except as otherwise provided in this paragraph, every alien shall furnish with his application identical photographs of himself in such number as may be required in the discretion

of the consular officer. The photographs shall reflect a reasonable likeness of the alien as of the time they are furnished, and shall be 12 by 12 inches in size, unmounted, without head covering, have a light background, and clearly show a full front view of the facial features of the alien. The reverse of each copy of the photograph shall be signed by the person executing the application (see § 41.115 (a)) with the full name of the applicant. The photograph requirement may be waived, in the discretion of the consular officer, in the

case of any alien who is (1) within a class of nonimmigrants described in sections 101 (a) (15) (A), 101(a) (15) (G) or 212(d) (8) of the Act, (2) within a class of nonimmigrants classifiable under the visa symbol NATO-1 through NATO7, (3) an applicant for a diplomatic visa, (4) an applicant for an official visa, or (5) under sixteen years of age. A notation of any such waiver shall be made in the space provided in the application form for the alien's photograph. A new photograph need not be required, in the discretion of the consular officer, if there is on file at the consular office a photograph which was submitted in connection with a prior nonimmigrant visa application and which still reflects a reasonable likeness of the applicant.

(d) Police certificates. (1) An alien shall be required to present a police certificate if the consular officer has reason to believe that he may have a police or criminal record, except that no police certificate shall be required in the case of an alien who is (i) within a class of nonimmigrants described in section 101 (a) (15) (A) (i) or (ii), or section 101(a) (15) (G) (i), (ii), (iii), or (iv), or section 212(d) (8), of the Act, or (ii) within a class of nonimmigrants classifiable under the visa symbol NATO-1, NATO-2, NATO-3, NATO-4, or NATO-6.

(2) A police certificate is a certification by the police or other appropriate authorities stating what, if anything, their records show concerning the alien. (Sec. 222, 66 Stat. 193; 8 U.S.C. 1202) [Dept. Reg. 108.411, 24 F.R. 6687, Aug. 18, 1959; 24 F.R. 6943, Aug. 27, 1959, as amended by Dept. Reg. 108.433, 25 F.R. 4579, May 25, 1960; Dept. Reg. 108.495, 28 F.R. 5375, May 30, 1963] § 41.112

Passports.

(a) Passport requirement. Except for certain persons in the A, C-3, G and NATO categories and persons for whom the passport requirement has been waived pursuant to the provisions of section 212(d) (4) of the Act, every applicant for a nonimmigrant visa shall present a passport as defined in section 101 (a) (30) of the Act and § 41.1 which is valid for the period required by section 212(a) (26) of the Act.

(b) Aliens included in a single passport. The passport requirement referred to under paragraph (a) of this section may be met by the presentation of a passport including more than one person if such inclusion is authorized

under the laws or regulations of the issuing authority and if a photograph of each person sixteen years of age or over to whom a visa is to be issued shall have been attached to the passport by the issuing authority.

(c) Applicants for diplomatic visas. Every applicant for a diplomatic visa shall be required to present a diplomatic passport, or the equivalent thereof, having the period of validity indicated in paragraph (a) of this section, unless such requirement has been waived pursuant to the authority contained in section 212(d) (4) of the Act or unless the case falls within the provisions of § 41.91 (f).

[Dept. Reg. 108.422, 24 F.R. 11082, Dec. 31, 1959; Dept. Reg. 108.433, 25 F.R. 4579, May 25, 1960; Dept. Reg. 108.441, 25 F.R. 7019, July 23, 1960] § 41.113

Medical examination.

(a) An alien shall be required to be medically examined if (1) he is an applicant for an exchange-visitor visa who does not qualify as a leader in a field of specialized knowledge or skill and who intends to remain in the United States for more than a brief period of time, (2) he is an applicant for a student visa who intends to remain in the United States for more than a brief period of time, (3) he is coming from an area which indicates that a medical examination is advisable, or (4) the consular officer has reason to believe that a medical examination would disclose that the alien is ineligible to receive a visa.

(b) At consular offices where medical officers of the United States Public Health Service are on duty, the alien's examination shall be conducted by such officers. If a medical officer of the United States Public Health Service is not available, the required examination shall be conducted by a contract location physician or by a physician selected by the alien from a panel of physicians approved by the consular officer.

(c) The consular officer shall bring to the attention of the panel of physicians the regulations of the United States Public Health Service governing the medical examination of aliens, and shall advise visa applicants, when laboratory facilities for the required tests are not available, that such tests must be made at the United States port of entry and may be a basis for the alien's exclusion. (Sec. 221, 66 Stat. 191; 8 U.S.C. 1201) [Dept. Reg. 108.504, 29 F.R. 2783, Feb. 28, 1964]

§ 41.114 Personal appearance.

(a) Except as otherwise provided in this section, every alien who makes application for a nonimmigrant visa shall be required to apear in person before a consular officer. The requirement of personal appearance may be waived in the discretion of the consular officer in the case of any alien who is:

(1) A child under ten years of age, (2) Within a class of nonimmigrants classifiable under the visa symbols A-1, A-2, A-3, C-2, C–3, G−1, G-2, G-3, G-4, G-5, NATO-1, NATO-2, NATO-3, NATO4, NATO-5, NATO-6, or NATO-7,

(3) An applicant for a diplomatic or official visa,

(4) An applicant for a nonimmigrant visa under the provisions of section 101 (a) (15) (B) of the Act if (i) within the preceding 24 months he was issued a nonimmigrant visa of a classification requiring the alien's personal appearance, or (ii) he is well and favorably known at the foreign service establishment at which he is applying, and is a resident of the consular district in which the foreign service establishment is located,

(5) Within a class of nonimmigrants classifiable under the visa symbols C-1, H-1, or I,

(6) Within a class of nonimmigrants classifiable under the visa symbol J-1, who qualifies as a leader in a field of specialized knowledge or skill and who is the recipient of a United States Government grant, and the spouse and children of such an alien who qualify for J-2 classification.

(7) Within any other nonimmigrant class not included in subparagraphs (1) through (6) of this paragraph in whose case the principal officer or, at a diplomatic mission, the Deputy Chief of Mission, the Counselor for Consular Affairs, or the Supervising Consul General determines that a waiver of personal appearance in the individual case is warranted in the national interest or because of unusual circumstances, including hardship to the visa applicant, or

(8) Within a class of nonimmigrants classifiable under the visa symbols B-1 or B-2, if he is applying at a post which has been authorized by the Department to accept temporary visitor visa applications by mail.

(b) In the categories described in paragraph (a) (1) through (3) of this section, the visa application shall be made on Form FS-257. In any case in

which personal appearance is waived, pursuant to paragraph (a) (8) of this section, application for a visa shall be made on Form FS-257a. In all other cases in which personal appearance is waived the consular officer may, in his discretion, require that the application be submitted on Form FS-257a.

(Sec. 222, 66 Stat. 193; 8 U.S.C. 1202) [27 F.R. 9723, Oct. 2, 1962]

§ 41.115 Application forms.

(a) Aliens required to execute applications. Every alien applying for a nonimmigrant visa shall make application therefor on Form FS-257 (Application for Nonimmigrant Visa and Alien Registration) or Form FS-257a (see definition of Form FS-257 contained in § 41.1) unless personal appearance is waived and submission of the application form by the applicant is not required or unless there is a Form FS-257 on file at the consular office which can be appropriately amended to bring the application up to date. In such cases the application form shall be completed by the consular officer from available information. In the case of an alien under 16 years of age, or one physically incapable of making an application, the application may be made by the alien's parent or guardian, or if the alien has no parent or guardian, by any person having legal custody of, or a legitimate interest in, the alien.

(b) Additional information as part of application. In any case in which the consular officer believes that the information provided in Form FS-257 is inadequate to determine the alien's eligibility to receive a nonimmigrant visa he may require the submission of such additional information as may be necessary or interrogate the alien on any matter which is deemed material. Any additional statements made by the alien shall become a part of the visa application. All documents required under the authority of § 41.111 (a) shall be considered papers submitted with the alien's application within the meaning of section 221(g) (1) of the Act.

[Dept. Reg. 108.472, 26 F.R. 10051, Oct. 26, 1961, as amended by Dept. Reg. 108.495, 28 F.R. 5376, May 30, 1963]

§ 41.116 Registration and fingerprinting.

(a) Registration. Form FS-257, when property completed, shall constitute the alien's registration record for the purposes of section 221 (b) of the Act.

(b) Fingerprinting. (1) The provisions of section 221(b) of the Act which require the fingerprinting of aliens in connection with their applications for visas are waived in pursuance of the authority contained therein for the nonimmigrant classes specified in subdivision (i) of this subparagraph, and in pursuance of the authority contained in section 8 of the Act of September 11, 1957 (71 Stat. 641; 8 U.S.C. 1201(a)) for the nonimmigrant classes specified in subdivision (ii) of this subparagraph: (i) An alien who is within a class of nonimmigrants enumerated in section 101 (a) (15) (A) and section 101(a) (15) (G) of the Act, or an alien who is granted a diplomatic visa on a diplomatic passport or on the equivalent thereof (see § 41.1); (ii) An alien who is a national of a country whose government does not require fingerprinting in connection with an application for, or the issuance of, a visa to a national of the United States who intends to proceed to such country for a similar purpose, and who is classifiable as a nonimmigrant under the provisions of section 101 (a) (15) (B), (C), (D), (E), (F), (H) or (I) of the Act, including a nonimmigrant alien who is classifiable under the visa symbol J, NATO-1, NATO-2, NATO-3, NATO-4, NATO-5, NATO-6 or NATO-7.

(2) In the case of any nonimmigrant alien who is not exempted from the fingerprinting requirement under the provisions of this section, the fingerprints of such alien shall be taken in connection with his application for a nonimmigrant visa on Form AR-4 (Alien Registration Fingerprint Card) or in such other manner as may be authorized by the Department.

(3) An alien may be required by the consular officer, when he makes preliminary or informal application for a visa, to have a set of his fingerprints taken on Form AR-4 in the event such procedure is considered necessary for the

When personal appearance is required, Form FS-257 shall be signed by or on behalf of the applicant in the presence of the consular officer. The application shall be verified by the applicant before the consular officer who shall then sign the Form FS-257. If personal appearance is waived, and the submission of an application form by the alien is required, the form shall be signed by the applicant.

(Sec. 222, 66 Stat. 193; 8 U.S.C. 1202) [Dept. Reg. 108.495, 28 F.R. 5376, May 30, 1963]

ISSUANCE OF NONIMMIGRANT VISAS

§ 41.120 Authority to issue visas.

(a) Issuance in the United States to nonimmigrants in official or quasi-official status. The Director of the Visa Office of the Department and such other officers of the Department as he may designate are authorized, in their discretion, to issue nonimmigrant visas, including diplomatic visas, or to revalidate nonimmigrant visas previously issued, to qualified nonimmigrants classifiable under the visa symbols A-1, A-2, A-3, C-2, C-3, G-1, G-2, G-3, G-4, G-5, NATO-1, NATO-2, NATO-3, NATO-4, NATO-5, NATO-6, or NATO-7.

(b) Issuance or revalidation in the United States for certain other nonimmigrants. (1) The Director of the Visa Office of the Department and such other officers of the Department as he may designate are authorized, in their discretion, to issue nonimmigrant visas, including diplomatic visas, or to revalidate nonimmigrant visas previously issued, to qualified aliens in the United States who are within one of the following classes and who intend, after a temporary absence, to reenter the United States in the nonimmigrant status specified in their

visas: (i) Nonimmigrants classifiable under the visa symbol I who are bearers of passports containing an I, A, or G visa, and who have been duly accredited by a foreign information medium; or (ii) Nonimmigrants classifiable under the visa symbol E.

(2) The Director of the Visa Office of the Department and such other officers of the Department as he may designate are authorized, in their discretion, to revalidate F, H and J visas, including diplomatic visas, for qualified aliens in the United States who intend, after a temporary absence, to reenter the United States in the nonimmigrant status specified in their visas.

(c) Issuance outside the United States. Any consular officer is authorized to issue regular and official visas. Diplomatic visas may be issued only by (1) A consular officer attached to a United States Diplomatic Mission if he is authorized to do so by the Chief of the Mission, or (2) A consular officer assigned to a consular office, if so authorized by the Department or by the Chief of a United States Diplomatic Mission, the Deputy Chief of Mission, the Counselor for Consular Affairs in the country in which such consular office is located, or, at a consular post not under the jurisdiction of a diplomatic mission, by the principal officer.

[Dept. Reg. 108.459, 26 F.R. 1111, Feb. 7, 1961, as amended by Dept. Reg. 108.494, 28 F.R. 5258, May 28, 1963; Dept. Reg. 108.515, 29 F.R. 19089, Dec. 30, 1964]

Unless

(a) Fees based on reciprocity. on a basis of reciprocity no fee is chargable, the fees for the issuance of visas, including official visas, to nonimmigrant nationals or stateless residents of each foreign country shall be collected in the amounts prescribed by the Secretary of State and shall correspond, as nearly as practicable, to the total of all similar visa, entry, residence, or other fees, taxes or charges assessed or levied against nationals of the United States by the foreign countries of which such nonimmigrants are nationals or stateless residents.

ment with the United Nations (61 Stat. 716; 22 U.S.C. 287, Note), no fee shall be collected for the issuance of a nonimmigrant visa to an alien of any of the following classes: (1) Nonimmigrants described in section 101(a) (15) (A) of the Act; (2) nonimmigrants described in section 101 (a) (15) (G) of the Act; (3) nonimmigrants described in section 212 (d) (8) of the Act; (4) persons entitled to pass in transit to the United Nations Headquarters District under the provisions of paragraph (3), (4) or (5) of section 11 of the Headquarters Agreement and who are issued C-2 visas as nonimmigrants under the provisions of section 101 (a) (15) (C) of the Act; (5) nonimmigrants who are classifiable under the visa symbol NATO-1, NATO-2, NATO-3, NATO-4, NATO-5, NATO-6, and NATO-7; and (6) nonimmigrants who are issued diplomatic visas.

(c) Refund of fees. A fee collected for the issuance or revalidation of a nonimmigrant visa is refundable only when the principal officer at a post or the officer in charge of a consular section determines that the visa was issued in error or could not be used as a result of action by the United States Government over which the alien had no control and for which he was not responsible.

CROSS REFERENCE: For fee to be collected when more than one alien included in single visa see § 41.123.

CROSS REFERENCE: For fee for revalidated or transferred visa see §§ 41.125 (f) and 41.126 (d).

CROSS REFERENCE: For fee for crew-list visa see § 41.127(c).

(Sec. 281, 66 Stat. 230; 8 U.S.C. 1351) [Dept. Reg. 108.411, 24 F.R. 6689, Aug. 18, 1959; 24 F.R. 6943, Aug. 27, 1959, as amended by Dept. Reg. 108.492, 28 F.R. 3261, Apr. 4, 1963] § 41.122

Validity of visas.

(a) Validity of visa not related to period of stay in the United States. The period of validity of a nonimmigrant visa shall have no relation to the period of time the alien may be authorized by the immigration authorities to stay in the United States if, upon his arrival at a port of entry, he is admitted by those authorities.

(b) Validity of visa pertains to period within which alien may apply for admission. The period of validity of a nonimmigrant visa shall relate only to the period during which the alien to whom

the visa was issued may use it in making application for admission into the United States.

(c) Period of validity of visa and number of applications. Except as provided in paragraph (d) of this section a nonimmigrant visa shall be valid for a period prescribed by the Secretary of State, not exceeding forty-eight months, which shall correspond, as nearly as practicable, to the period of validity of visas issued by the government of the country of which the alien is a national or stateless resident to United States nationals of a similar class entering that country. The number of applications for admission for which the visa shall be valid shall also be governed by the reciprocal treatment accorded United States nationals by that government. If the government of the country of which the alien is a national or a stateless resident does not require visas of United States nationals of a similar class proceeding to that country the visa shall be valid for the entire forty-eight month period and for an unlimited number of applications for admission.

If war

(d) Limitations on validity. ranted in an individual case, a consular officer may issue a nonimmigrant visa for (1) a period of validity which 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 which is less than that prescribed on a basis of reciprocity, (3) application for admission at a specified port or specified ports of entry in the United States, or (4) for use on and after a given date subsequent to the date of issuance.

(Sec. 221, 66 Stat. 191; 8 U.S.C. 1201) [Dept. Reg. 108.411, 24 F.R. 6689, Aug. 18, 1959, as amended by Dept. Reg. 108.422, 24 F.R. 11083, Dec. 31, 1959]

§ 41.123 More than one alien included in visa.

If the spouse and unmarried minor children of a principal alien are included in one passport (see § 41.112(b)) a single nonimmigrant visa may be issued to include all eligible family members. Each alien must execute a separate application. The name of each family member shall be written in the space provided in the visa stamp. The visa fee to be collected shall be equal to the