[Code of Federal Regulations]
[Title 22, Volume 1]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 22CFR41.102]

[Page 208]
 
                       TITLE 22--FOREIGN RELATIONS
 
                     CHAPTER I--DEPARTMENT OF STATE
 
PART 41--VISAS: DOCUMENTATION OF NONIMMIGRANTS UNDER THE IMMIGRATION AND NATIONALITY ACT, AS AMENDED--Table of Contents
 
              Subpart J--Application for Nonimmigrant Visa
 
Sec. 41.102  Personal appearance of applicant.

    (a) Personal appearance required or waived. Except as otherwise 
provided in this section, every alien seeking a nonimmigrant visa is 
required to apply in person before a consular officer. The requirement 
of personal appearance may be waived by the consular officer in the case 
of any alien who is:
    (1) A child under 14 years of age;
    (2) Within a class of nonimmigrants classifiable under the visa 
symbols A, C-2, C-3, G, or NATO;
    (3) An applicant for a diplomatic or official visa;
    (4) Within a class of nonimmigrants classifiable under the visa 
symbols B, C-1, H-1, or I;
    (5) 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 also is the recipient of a U.S. Government grant, and such 
an alien's spouse and children qualifying for J-2 classification;
    (6) An aircraft crewman, applying for a nonimmigrant visa under the 
provisions of INA 101(a)(15)(D), if the application is supported by a 
letter from the employing carrier certifying that the applicant is 
employed as an aircraft crewman, and the consular officer is satisfied 
that the personal appearance of the alien is not necessary to determine 
visa eligibility; or
    (7) A nonimmigrant in any category, provided the consular officer 
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.
    (b) Interview by consular officer. Except when the requirement of 
personal appearance has been waived by the consular officer pursuant to 
paragraph (a) of this section, each applicant for a nonimmigrant visa 
must be interviewed by a consular officer, who shall determine on the 
basis of the applicant's representations and 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.
    (c) XIX Olympic Winter Games and VIII Paralympic Winter Games in 
Salt Lake City, Utah in 2002. (1) For purposes of the XIX Olympic Winter 
Games and VIII Paralympic Winter Games in Salt Lake City, Utah in 2002, 
the reference made to ``the consular officer'' in paragraph (a)(7) of 
this section is interpreted to include the Deputy Assistant Secretary of 
State for Visa Services.
    (2) The Deputy Assistant Secretary of State for Visa Services is 
authorized to make a blanket determination that a waiver of personal 
appearance for all ``Olympic Family Members'' and ``Paralympic Family 
Members'' accredited by the Salt Lake Organizing Committee (see 
Sec. 41.101(f)(2)) is in the national interest.

[52 FR 42597, Nov. 5, 1987; 53 FR 9112, Mar. 21, 1988, as amended at 66 
FR 38542, July 25, 2001]