[Code of Federal Regulations]
[Title 22, Volume 1]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 22CFR41.27]

[Page 186-187]
 
                       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 C--Foreign Government Officials
 
Sec. 41.27  Official visas.

    (a) Definition. Official visa means any nonimmigrant visa, 
regardless of classification, which bears that title and is issued in 
accordance with these regulations.
    (b) Place of application. Official visas are ordinarily issued only 
when application is made in the consular district of the applicant's 
residence. When directed by the Department, or in the discretion of the 
consular officer, official visas may be issued when application is made 
in a consular district in which the alien is physically present but does 
not reside. Certain aliens in the United States may be issued official 
visas by the Department under the provisions of Sec. 41.111(b).
    (c) Classes of aliens eligible to receive official visas. (1) A 
nonimmigrant within one of the following categories who is not eligible 
to receive a diplomatic visa shall, if otherwise qualified, be eligible 
to receive an official visa irrespective of classification of the visa 
under Sec. 41.12:
    (i) Aliens within a class described in Sec. 41.26(c)(2) 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 101(a)(15)(A);
    (iii) Aliens, other than those described in Sec. 41.26(c)(3) who are 
classifiable under INA 101(a)(15)(G), except those classifiable under 
INA 101(a)(15)(G)(iii) unless the government of which the alien is an 
accredited representative is recognized de jure by the United States;
    (iv) Aliens classifiable under INA 101(a)(15)(C) as nonimmigrants 
described in INA 212(d)(8);
    (v) Members and members-elect of national legislative bodies;
    (vi) Justices of the lesser national and the highest state courts of 
a foreign country;
    (vii) Officers and employees of national legislative bodies 
proceeding to or through the United States in the performance of their 
official duties;

[[Page 187]]

    (viii) Clerical and custodial 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;
    (ix) Clerical and custodial employees attached to a diplomatic 
mission of a temporary character proceeding to or through the United 
States in the performance of their official duties;
    (x) Clerical and custodial employees attached to foreign-government 
delegations proceeding to or from a specific international conference of 
an official nature;
    (xi) Officers and employees of foreign governments recognized de 
jure by the United States who are stationed in foreign contiguous 
territories or adjacent islands;
    (xii) Members of the immediate family, attendants, servants and 
personal employees of, 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 (c)(1)(xi) inclusive of this 
section;
    (xiii) Attendants, servants and personal employees 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 (c)(1)(xiii) 
inclusive of Sec. 41.26(c)(2).
    (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]