9 FAM 403.4
NIV FEES
(CT:VISA-818; 06-03-2019)
(Office of Origin: CA/VO/L/R)
9 FAM 403.4-1 Statutory and
regulatory Authorities
9 FAM 403.4-1(A) Immigration
and Nationality Act
(CT:VISA-1; 11-18-2015)
INA 281 (8 U.S.C. 1351).
9 FAM 403.4-1(B) Code of
Federal Regulations
(CT:VISA-1; 11-18-2015)
22 CFR 22.1; 22 CFR 41.107.
9 FAM 403.4-2 Types of
Nonimmigrant Visas (NIV) Fees
(CT:VISA-1; 11-18-2015)
a. There are Two Types of Nonimmigrant
Visa (NIV) Fees:
(1) Application processing fee (also known as the MRV
application fee); and
(2) Issuance fee (also known as the reciprocity fee).
b. The application processing fee is not reciprocal
and all applicants must pay it regardless of the type of passport held, except
as noted 9 FAM
402.3-10(C)(1), 9 FAM
402.3-4(F), and 9 FAM
403.4-3(A). You may not charge an additional MRV fee to applicants refused
under INA 221(g) who re-apply within one year of that refusal, or to applicants
who receive a replacement MRV because of a defective foil.
9 FAM 403.4-2(A) Machine
Readable Visa (MRV) Processing/Application Fee
(CT:VISA-818; 06-03-2019)
a. In addition to the fee listed in 9 FAM
403.4-2(B) below, section 140 of Public Law 103-236 authorizes the
Secretary of State to collect a surcharge for processing applications for
machine-readable nonimmigrant visas (NIV) and machine-readable combined
border-crossing cards (BCC). The fee is set forth by regulation at 22 CFR
22.1.
b. For the current non-refundable application
processing fee for an MRV, see 22 CFR 22.1. The fee is collected through GSS
wherever possible, but varies from post to post otherwise; it must be paid
separately from the visa reciprocity fee. The reciprocity fee is charged only
after visa approval. To determine the visa reciprocity fee, if any, see the
specific country information on the Visa Reciprocity Schedule posted on Travel.State.Gov.
c. Charge a single MRV fee for a B1/B2 or a C1/D
visa. Also, charge a single MRV fee for applicants applying for both a B1/B2
and a C1/D visa at the same time; in this combination, mark the B1/B2 visa as
no fee in the NIV system to ensure correct accounting for visa fees
collected. In addition Cuban nationals applying for B-1 and B-2 visas at the
same time are also only required to pay one fee. In this case the B-1 visa
should be marked as no fee. Please note that these are the only combinations
of visa classes that do not require more than one fee. All other combinations
require a fee for each category. For any other multiple visa combinations
requiring two or more MRV foils for one applicant, you must collect two or more
MRV fees, as appropriate. For example, an application for a B-2 and a F-1 visa
at the same time requires payment of two MRV fees.
d. Open Cases and Fee Payment:
While GSS provides off-site fee payment wherever possible, there are a variety
of off-site fee payment procedures. (See 7 FAH-1
H-263.9.) All applicants, however, should be able to demonstrate that they
have paid the required fee(s). Cases should not be kept open in the NIV
database merely to flag a case as "fee paid" if the case is inactive.
9 FAM 403.4-2(B) Issuance Fees
(CT:VISA-301; 03-16-2017)
The reciprocity fee to be collected for the issuance of a
nonimmigrant visa (NIV) is prescribed in the appropriate country-specific
reciprocity schedule. To determine the visa reciprocity fee, if any, see
the specific country information on the Visa Reciprocity Schedule posted on
CAWeb. These schedules, required by INA 221(c) and INA 281, are based upon the
treatment accorded U.S. citizens by the governments of the countries concerned
and apply to nationals, permanent residents, refugees, and stateless residents
of those countries.
See 9 FAM
403.9-4(D) paragraph b(2) for
situations in which double reciprocity fees are prescribed.
9 FAM 403.4-3 Exceptions to Visa
Fees
9 FAM 403.4-3(A) Exceptions to
Machine Readable Visa (MRV) Processing Fee Requirement
(CT:VISA-1; 11-18-2015)
The following categories of visas are exempt from the MRV
application processing fee (see 9 FAM
403.4-3(B) below for waiver of visa issuance fees):
(1) A;
(2) G;
(3) NATO;
(4) C-3;
(5) All diplomatic type visas;
(6) Applicants for J visas participating in official
U.S. Government-sponsored educational and cultural exchanges;
(7) Replacement Machine-Readable Visa when the
original visa was not properly affixed or needs to be reissued through no fault
of the applicant;
(8) Replacement Machine-Readable Visa to correct
errors made by consular staff in the visa data, up to one year from the visas
original date of issuance and only for the remaining validity of the original
visa. After one year, the applicant must apply for a new visa, submitting
the appropriate fee and application, and scheduling a new interview (if
required);
(9) A parent, sibling, spouse, or child of a U.S.
Government employee killed in the line of duty who is traveling to attend the
employees funeral and/or burial; or a parent, sibling, spouse, son, or
daughter of a U.S. Government employee critically injured in the line of duty,
for visitation during emergency treatment and convalescence;
(10) U.S. Government Employees Traveling
on Official Business: When post is issuing a nonimmigrant visa (NIV)
to a locally employed staff member (LE staff) solely for official travel, MRV
and reciprocity fees (if any) may be waived provided that the LE staff
applicant is issued a limited-validity visa. The visa validity should be
limited to encompass only the official travel required. For most official
travel this will typically be a three-month, single-entry visa, but validity
can be extended if the training is longer or there will be several trips in a
relatively short amount of time (such as an LE staff who must travel several
times in a six-month period for conferences or training). If the LE staff
would like a full-validity visa, and is otherwise qualified, post must charge
all MRV and reciprocity fees;
(11) Applicants exempted by international agreement as
determined by the Department, including members and staff of an observer
mission to the United Nations Headquarters recognized by the UN General
Assembly, and their immediate families; and
(12) Applicants traveling to provide charitable
services as determined by the Department. (See 9 FAM
403.4-3(C) below for additional details.)
9 FAM 403.4-3(B) Exemptions
From Visa Issuance Fees
(CT:VISA-1; 11-18-2015)
The regulations in 22 CFR 22.1 (Schedule of Fees) provide
exemptions from MRV issuance fees in the following instances:
(1) An official representative of a foreign government
(A visa applicant) or an international or regional organization of which the
United States is a member (G visa applicant); members and staff of an observer
mission to United Nations (UN) Headquarters recognized by the U.N. General
Assembly; and applicants for diplomatic visas as defined under item 22(a) on
the Schedule of Fees (see 22 CFR 22.1) and their immediate families;
(2) An applicant transiting to and from the U.N.
Headquarters;
(3) An applicant participating in a U.S.
Government-sponsored program; and
(4) An applicant traveling to participate in
charitable services as determined by the Department.
(5) An alien who would be entitled to a C-2 visa
without a fee, and who is issued a visa under any other nonimmigrant
classification, must pay the fee, if any, prescribed by the appropriate country
specific reciprocity schedule.
9 FAM 403.4-3(C) Obtaining a
Charitable Activities Exemption
(CT:VISA-1; 11-18-2015)
a. A waiver of the NIV application and issuance fees
may be obtained for an alien who will be engaged in charitable activities for a
charitable organization upon the written request of that organization. The
request must claim that the fees will impose a financial burden on the
charitable organization. The consular officer must be satisfied that:
(1) 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 the organization is based outside the United States, it must
establish that it is recognized as a charitable institution by the government
of the country in which it is based under criteria substantially similar to
those of section 501(c)(3);
(2) The charitable activities in which the alien will
be engaged in are specified and will be a part of, or will be related to and in
support of, the organizations 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;
(3) The request must include the location of the proposed
activities and the number and identifying data of each of the alien(s) who will
be applying for visas; and
(4) The proposed duration of the aliens temporary
stay in the United States is to be reasonably consistent with the charitable
purpose for which the alien(s) seek to enter the United States.
b. Charitable Organization Information
Sheet: See the Information Sheet for Charitable Institution Seeking
Visa Fee Waivers in PDF format.