
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-77]
[CITE: 8USC1351]

 
                     TITLE 8--ALIENS AND NATIONALITY
 
                 CHAPTER 12--IMMIGRATION AND NATIONALITY
 
                       SUBCHAPTER II--IMMIGRATION
 
                         Part IX--Miscellaneous
 
Sec. 1351. Nonimmigrant visa fees

    The fees for the furnishing and verification of applications for 
visas by nonimmigrants of each foreign country and for the issuance of 
visas to nonimmigrants of each foreign country shall be prescribed by 
the Secretary of State, if practicable, in amounts corresponding to the 
total 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: Provided, That nonimmigrant visas issued to aliens coming to 
the United States in transit to and from the headquarters district of 
the United Nations in accordance with the provisions of the Headquarters 
Agreement shall be gratis. Subject to such criteria as the Secretary of 
State may prescribe, including the duration of stay of the alien and the 
financial burden upon the charitable organization, the Secretary of 
State shall waive or reduce the fee for application and issuance of a 
nonimmigrant visa for any alien coming to the United States primarily 
for, or in activities related to, a charitable purpose involving health 
or nursing care, the provision of food or housing, job training, or any 
other similar direct service or assistance to poor or otherwise needy 
individuals in the United States.

(June 27, 1952, ch. 477, title II, ch. 9, Sec. 281, 66 Stat. 230; Pub. 
L. 89-236, Sec. 14, Oct. 3, 1965, 79 Stat. 919; Pub. L. 90-609, Sec. 1, 
Oct. 21, 1968, 82 Stat. 1199; Pub. L. 105-54, Sec. 2(a), Oct. 6, 1997, 
111 Stat. 1175.)

                       References in Text

    The Headquarters Agreement, referred to in text, is set out as a 
note under section 287 of Title 22, Foreign Relations and Intercourse.


                               Amendments

    1997--Pub. L. 105-54 inserted at end ``Subject to such criteria as 
the Secretary of State may prescribe, including the duration of stay of 
the alien and the financial burden upon the charitable organization, the 
Secretary of State shall waive or reduce the fee for application and 
issuance of a nonimmigrant visa for any alien coming to the United 
States primarily for, or in activities related to, a charitable purpose 
involving health or nursing care, the provision of food or housing, job 
training, or any other similar direct service or assistance to poor or 
otherwise needy individuals in the United States.''
    1968--Pub. L. 90-609 struck out provisions fixing statutory fees for 
specified immigration and nationality benefits and services rendered, 
including those pertaining to immigrant visas, reentry permits, 
adjustments of status to permanent residence, creation of record of 
admission for permanent residence, suspension of deportation, extension 
of stay to nonimmigrants, and application for admission to practice as 
attorney or representative before the Service.
    1965--Subsec. (a). Pub. L. 89-236, Sec. 14(a), (b), designated 
opening provision beginning ``The following fees shall be charged:'' and 
ending with the end of par. (7) as subsec. (a) and substituted reference 
to section 1154 of this title for sections 1154(b) and 1155(b) of this 
title in par. (6).
    Subsec. (b). Pub. L. 89-236, Sec. 14(c), added subsec. (b).
    Subsec. (c). Pub. L. 89-236, Sec. 14(d), designated closing 
provision consisting of the paragraph beginning ``The fees for the 
furnishing'' as subsec. (c).


                    Effective Date of 1997 Amendment

    Section 2(b) of Pub. L. 105-54 provided that: ``The amendment made 
by subsection (a) [amending this section] shall take effect on the date 
of the enactment of this Act [Oct. 6, 1997].''


                    Effective Date of 1965 Amendment

    For effective date of amendment by Pub. L. 89-236, see section 20 of 
Pub. L. 89-236, set out as a note under section 1151 of this title.


      Surcharge for Processing Machine Readable Nonimmigrant Visas

    Pub. L. 106-553, Sec. 1(a)(2) [title IV], Dec. 21, 2000, 114 Stat. 
2762, 2762A-90, provided in part: ``That notwithstanding section 
140(a)(5), and the second sentence of section 140(a)(3), of the Foreign 
Relations Authorization Act, Fiscal Years 1994 and 1995 [Pub. L. 103-
236, set out below], fees may be collected during fiscal years 2001 and 
2002, under the authority of section 140(a)(1) of that Act: Provided 
further, That all fees collected under the preceding proviso shall be 
deposited in fiscal years 2001 and 2002 as an offsetting collection to 
appropriations made under this heading to recover costs as set forth 
under section 140(a)(2) of that Act and shall remain available until 
expended''.
    Similar provisions were contained in the following prior 
appropriations acts:
    Pub. L. 106-113, div. B, Sec. 1000(a)(1) [title IV], Nov. 29, 1999, 
113 Stat. 1535, 1501A-39.
    Pub. L. 105-277, div. A, Sec. 101(b) [title IV], Oct. 21, 1998, 112 
Stat. 2681-50, 2681-93.
    Pub. L. 105-119, title IV, Nov. 26, 1997, 111 Stat. 2494.
    Pub. L. 105-46, Sec. 116, Sept. 30, 1997, 111 Stat. 1157.
    Pub. L. 104-208, div. A, title I, Sec. 101(a) [title IV], Sept. 30, 
1996, 110 Stat. 3009, 3009-46.
    Pub. L. 104-134, title I, Sec. 101[(a)] [title IV], Apr. 26, 1996, 
110 Stat. 1321, 1321-36; renumbered title I, Pub. L. 104-140, Sec. 1(a), 
May 2, 1996, 110 Stat. 1327.

    Pub. L. 105-277, div. A, Sec. 101(b) [title IV, Sec. 410(a)], Oct. 
21, 1998, 112 Stat. 2681-50, 1681-102, provided that:
    ``(1)(A) Notwithstanding any other provision of law and subject to 
subparagraph (B), the Secretary of State and the Attorney General shall 
impose, for the processing of any application for the issuance of a 
machine readable combined border crossing card and nonimmigrant visa 
under section 101(a)(15)(B) of the Immigration and Nationality Act [8 
U.S.C. 1101(a)(15)(B)], a fee of $13 (for recovery of the costs of 
manufacturing the combined card and visa) in the case of any alien under 
15 years of age where the application for the machine readable combined 
border crossing card and nonimmigrant visa is made in Mexico by a 
citizen of Mexico who has at least one parent or guardian who has a visa 
under such section or is applying for a machine readable combined border 
crossing card and nonimmigrant visa under such section as well.
    ``(B) The Secretary of State and the Attorney General may not 
commence implementation of the requirement in subparagraph (A) until the 
later of--
        ``(i) the date that is 6 months after the date of enactment of 
    this Act [Oct. 21, 1998]; or
        ``(ii) the date on which the Secretary sets the amount of the 
    fee or surcharge in accordance with paragraph (3).
    ``(2)(A) Except as provided in subparagraph (B), if the fee for a 
machine readable combined border crossing card and nonimmigrant visa 
issued under section 101(a)(15)(B) of the Immigration and Nationality 
Act [8 U.S.C. 1101(a)(15)(B)] has been reduced under paragraph (1) for a 
child under 15 years of age, the machine readable combined border 
crossing card and nonimmigrant visa shall be issued to expire on the 
earlier of--
        ``(i) the date on which the child attains the age of 15; or
        ``(ii) ten years after its date of issue.
    ``(B) At the request of the parent or guardian of any alien under 15 
years of age otherwise covered by subparagraph (A), the Secretary of 
State and the Attorney General may charge the non-reduced fee for the 
processing of an application for the issuance of a machine readable 
combined border crossing card and nonimmigrant visa under section 
101(a)(15)(B) of the Immigration and Nationality Act provided that the 
machine readable combined border crossing card and nonimmigrant visa is 
issued to expire as of the same date as is usually provided for visas 
issued under that section.
    ``(3) Notwithstanding any other provision of law, the Secretary of 
State shall set the amount of the fee or surcharge authorized pursuant 
to section 140(a) of the Foreign Relations Authorization Act, Fiscal 
Years 1994 and 1995 (Public Law 103-236; 8 U.S.C. 1351 note [set out 
below]) for the processing of machine readable nonimmigrant visas and 
machine readable combined border crossing cards and nonimmigrant visas 
at a level that will ensure the full recovery by the Department of State 
of the costs of processing such machine readable nonimmigrant visas and 
machine readable combined border crossing cards and nonimmigrant visas, 
including the costs of processing the machine readable combined border 
crossing cards and nonimmigrant visas for which the fee is reduced 
pursuant to this subsection.''
    [Pub. L. 106-113, div. B, Sec. 1000(a)(1) [title IV, Sec. 404], Nov. 
29, 1999, 113 Stat. 1535, 1501A-45, provided that: ``Beginning in fiscal 
year 2000 and thereafter, section 410(a) of the Department of State and 
Related Agencies Appropriations Act, 1999, as included in Public Law 
105-277 [set out above], shall be in effect.'']
    Pub. L. 103-236, title I, Sec. 140(a), Apr. 30, 1994, 108 Stat. 399, 
as amended by Pub. L. 103-415, Sec. 1(bb), Oct. 25, 1994, 108 Stat. 
4302; Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title II, 
Sec. 231], Nov. 29, 1999, 113 Stat. 1536, 1501A-425, provided that:
    ``(1) Notwithstanding any other provision of law, the Secretary of 
State is authorized to charge a fee or surcharge for processing machine 
readable nonimmigrant visas and machine readable combined border 
crossing identification cards and nonimmigrant visas.
    ``(2) Fees collected under the authority of paragraph (1) shall be 
deposited as an offsetting collection to any Department of State 
appropriation, to recover the costs of providing consular services. Such 
fees shall remain available for obligation until expended.
    ``(3) For each of the fiscal years 2000, 2001, and 2002, any amount 
collected under paragraph (1) that exceeds $316,715,000 for fiscal year 
2000, $316,715,000 for fiscal year 2001, and $316,715,000 for fiscal 
year 2002 may be made available only if a notification is submitted to 
Congress in accordance with the procedures applicable to reprogramming 
notifications under section 34 of the State Department Basic Authorities 
Act of 1956 [22 U.S.C. 2706]. For subsequent fiscal years, fees may be 
collected under the authority of paragraph (1) only in such amounts as 
shall be prescribed in subsequent authorization Acts.''
    Provisions directing the continuing effect for specific periods of 
authorities provided under section 140(a) of Pub. L. 103-236, set out 
above, were contained in the following appropriation acts:
    Pub. L. 104-92, title I, Sec. 112, Jan. 6, 1996, 110 Stat. 18.
    Pub. L. 104-56, title I, Sec. 118, Nov. 20, 1995, 109 Stat. 552.
    Pub. L. 104-54, title I, Sec. 118, Nov. 19, 1995, 109 Stat. 544.
    Pub. L. 104-31, Sec. 119, Sept. 30, 1995, 109 Stat. 281.

                  Section Referred to in Other Sections

    This section is referred to in section 1356 of this title.
