[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: 22CFR41.107]

[Page 211-212]
 
                       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. 41.107  Visa fees.

    (a) Fees based on reciprocity. 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 unless, on the basis of 
reciprocity, no fee is chargeable. If practicable, fees will correspond 
to the total amount of all visa, entry, residence, or other similar 
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.
    (b) Fees when more than one alien included in visa. A single 
nonimmigrant visa may be issued to include all eligible family members 
if the spouse and unmarried minor children of a principal alien are 
included in one passport. Each alien must execute a separate 
application. The name of each family member shall be inserted in the 
space provided in the visa stamp. The visa fee to be collected shall 
equal the total of the fees prescribed by the Secretary of State for 
each alien included in the visa, unless upon a basis of reciprocity a 
lesser fee is chargeable.
    (c) Certain aliens exempted from fees. (1) Upon a basis of 
reciprocity, or as provided in section 13(a) of the Headquarters 
Agreement with the United Nations (61 Stat. 716; 22 U.S.C. 287, Note), 
no fee shall be collected for the application for or issuance of a 
nonimmigrant visa to an alien who is within a class of nonimmigrants 
classifiable under the visa symbols A, G, C-2, C-3, or NATO, or B-1 
issued for participation in an official observer mission to the United 
Nations, or who is issued a diplomatic visa as defined in Sec. 41.26.
    (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.

[[Page 212]]

    (d) Refund of fees. A fee collected for the issuance of a 
nonimmigrant visa is refundable only if 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 taken by 
the U.S. Government for which the alien was not responsible and over 
which the alien had no control.
    (e)(1) Visa processing surcharge. In addition to the collection of 
the fee prescribed in paragraph (a) of this section, a consular officer 
shall collect or ensure the collection of a surcharge for the processing 
of applications for machine readable nonimmigrant visas and for machine 
readable combined border crossing cards in the amount specified by the 
Secretary of State from such applicants as the Secretary of State shall 
designate. Such surcharge is refundable only if, as a result of action 
taken by the U.S. Goverment for which the alien was not responsible and 
over which the alien had no control, the alien's application is not 
processed.
    (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.
    (f) Notwithstanding subsection (a) and (e) of this section, the fees 
prescribed in items 55 and 57 of Sec. 22.1 of this chapter are not 
required for any accredited ``Olympic Family Member'' or ``Paralympic 
Family Member'' to whom a United States visa has been issued on the 
applicant's OI/AC or PI/AC and which is intended for use in conjunction 
with a valid passport.

[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]