[Code of Federal Regulations]
[Title 22, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 22CFR41.1]

[Page 174-175]
 
                       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 A_Passport and Visas Not Required for Certain Nonimmigrants
 
Sec. 41.1  Exemption by law or treaty from passport and visa requirements.




   Subpart A_Passport and Visas Not Required for Certain Nonimmigrants

Sec.
41.1 Exemption by law or treaty from passport and visa requirements.
41.2 Waiver by Secretary of State and Attorney General of passport and/
          or visa requirements for certain categories of nonimmigrants.
41.3 Waiver by joint action of consular and immigration officers of 
          passport and/or visa requirements.

                Subpart B_Classification of Nonimmigrants

41.11 Entitlement to nonimmigrant status.
41.12 Classification symbols.

                 Subpart C_Foreign Government Officials

41.21 Foreign Officials--General.
41.22 Officials of foreign governments.
41.23 Accredited officials in transit.
41.24 International organization aliens.
41.25 NATO representatives, officials, and employees.
41.26 Diplomatic visas.
41.27 Official visas.

                      Subpart D_Temporary Visitors

41.31 Temporary visitors for business or pleasure.
41.32 Nonresident alien Mexican border crossing identification cards; 
          combined border crossing identification cards and B-1/B-2 
          visitor visa.
41.33 Nonresident alien Canadian border crossing identification card 
          (BCC).

                  Subpart E_Crewman and Crew-List Visas

41.41 Crewmen.
41.42 Crew-list visas.

                   Subpart F_Business and Media Visas

41.51 Treaty trader or treaty investor.
41.52 Information media representative.
41.53 Temporary workers and trainees.
41.54 Intracompany transferees (executives, managers, and specialists).
41.55 Aliens with extraordinary ability.
41.56 Athletes, artists and entertainers.
41.57 International cultural exchange visitors and visitors under the 
          Irish Peace Process Cultural and Training Program Act 
          (IPPCTPA).
41.58 Aliens in religious occupations.
41.59 Professionals under the North American Free Trade Agreement.

                Subpart G_Students and Exchange Visitors

41.61 Students--academic and nonacademic.
41.62 Exchange visitors.
41.63 Two-year home-country physical presence requirement.

                        Subpart H_Transit Aliens

41.71 Transit aliens.

              Subpart I_Fiance(e)s and Other Nonimmigrants

41.81 Fianc[eacute] or spouse of a U.S. citizen and derivative children.
41.82 Certain parents and children of section 101(a)(27)(I) special 
          immigrants. [Reserved]
41.83 Certain witnesses and informants.
41.84 Victims of trafficking in persons.
41.86 Certain spouses and children of lawful permanent resident aliens.

               Subpart J_Application for Nonimmigrant Visa

41.101 Place of application.
41.102 Personal appearance of applicant.
41.103 Filing an application and Form OF-156.
41.104 Passport requirements.
41.105 Supporting documents and fingerprinting.
41.106 Processing.
41.107 Visa fees.
41.108 Medical examination.

                 Subpart K_Issuance of Nonimmigrant Visa

41.111 Authority to issue visa.
41.112 Validity of visa.
41.113 Procedures in issuing visas.

                   Subpart L_Refusals and Revocations

41.121 Refusal of individual visas.
41.122 Revocation of visas.

    Authority: 8 U.S.C. 1104; Pub. L. 105-277, 112 Stat. 2681-795 
through 2681-801.

    Source: 52 FR 42597, Nov. 5, 1987, unless otherwise noted.

[[Page 175]]



    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. An alien member of the 
U.S. Armed Forces in uniform or bearing proper military identification, 
who has not been lawfully admitted for permanent residence, coming to 
the United States under official orders or permit of such Armed Forces 
(Sec. 284, 86 Stat. 232; 8 U.S.C. 1354).
    (b) American Indians born in Canada. An American Indian born in 
Canada, having at least 50 per centum of blood of the American Indian 
race (Sec. 289, 66 Stat. 234; 8 U.S.C. 1359.)
    (c) Aliens entering from Guam, Puerto Rico, or the Virgin Islands. 
An alien departing from Guam, Puerto Rico, or the Virgin Islands of the 
United States, and seeking to enter the continental United States or any 
other place under the jurisdiction of the United States (Sec. 212, 66 
Stat. 188; 8 U.S.C. 1182.)
    (d) Armed Services personnel of a NATO member. Personnel belonging 
to the armed services of a government which is a Party to the North 
Atlantic Treaty and which has ratified the Agreement Between the Parties 
to the North Atlantic Treaty Regarding the Status of Their Forces, 
signed at London on June 19, 1951, and entering the United States under 
Article III of that Agreement pursuant to an individual or collective 
movement order issued by an appropriate agency of the sending state or 
of NATO (TIAS 2846; 4 U.S.T. 1792.)
    (e) Armed Services personnel attached to a NATO headquarters in the 
United States. Personnel attached to a NATO Headquarters in the United 
States set up pursuant to the North Atlantic Treaty, belonging to the 
armed services of a government which is a Party to the Treaty and 
entering the United States in connection with their official duties 
under the provisions of the Protocol on the Status of International 
Military Headquarters Set Up Pursuant to the North Atlantic Treaty (TIAS 
2978; 5 U.S.T. 875.)
    (f) Aliens entering pursuant to International Boundary and Water 
Commission Treaty. All personnel employed either directly or indirectly 
on the construction, operation, or maintenance of works in the United 
States undertaken in accordance with the treaty concluded on February 3, 
1944, between the United States and Mexico regarding the functions of 
the International Boundary and Water Commission, and entering the United 
States temporarily in connection with such employment (59 Stat. 1252; TS 
994.)

[52 FR 42597, Nov. 5, 1987, as amended at 56 FR 30428, July 2, 1991; 61 
FR 1835, Jan. 24, 1996]