9 FAM 403.9 

(U) NIV Issuances

(CT:VISA-278;   01-05-2017)
(Office of Origin:  CA/VO/L/R)

Taxonomy:  approving

9 FAM 403.9-1  (U) Statutory and REgulatory Authorities

9 FAM 403.9-1(A)  (U) Immigration and Nationality Act

(CT:VISA-184;   09-22-2016)

INA 101(a)(30) (8 U.S.C. 1101(a)(30)); INA 212(d)(4) (8 U.S.C. 1182(d)(4)); INA 212(a)(7)(B); INA 221(a) (8 U.S.C. 1201(a)); INA 221(c) (8 U.S.C. 1201(c)).

9 FAM 403.9-1(B)  (U) Code of Federal Regulations

(CT:VISA-184;   09-22-2016)

22 CFR 41.104; 22 CFR 41.111; 22 CFR 41.112; 22 CFR 41.113.

9 FAM 403.9-2  (U) NIV Issuance Procedures

9 FAM 403.9-2(A)  (U) Data Entry 

(CT:VISA-184;   09-22-2016)

a. (U) Entering Information in the Machine Readable Visa (MRV) Data Field:

(1)  (U) You must ensure entry of the following information in the MRV data field before you may issue a visa:

(a)  (U) Full name of applicant;

(b)  (U) Visa type;

(c)  (U) Visa class;

(d)  (U) Passport information, including passport number, passport issuance date, passport issuance city, passport country, and passport expiration date;

(e)  (U) Sex;

(f)   (U) Date of birth;

(g)  (U) Nationality;

(h)  (U) Number of entries allowed;

(i)   (U) Date of visa issuance;

(j)   (U) Date of expiration;

(k)  (U) Applicant’s local address and telephone information; and

(l)   (U) SEVIS ID for all F, M, and J visa applicants.

       (U) Note: Absent any of this information, the system will not accept the visa application.  Prior to entering this information in the system, the personal data on Form DS-160, Online Nonimmigrant Visa Application, should be checked against the personal data page in the passport to ensure accuracy.

(2)  (U) The name of the visa issuing post and the control number are automatically printed on the MRV.

(3)  (U) The data fields do not accept special characters:  comma, hyphen, asterisk, foreign-language diacritical marks, etc.

(4)  (U) In certain countries where many nationals have only a surname, the applicant’s first name should be entered as FNU.  For example, “Smith, FNU”, the “FNU” stands for “First Name Unknown.”

b. (U) Entering Information in the Machine Readable Visa (MRV) Annotation Field:  You must place annotations on MRVs in the 88-character field beneath the word “Annotation.”  You may use abbreviations as necessary in the annotation field.  (For example: P.A. vice Principal Applicant).  Unlike the data field, you may employ various forms of punctuation (hyphen, period, etc.) in the annotation field, when appropriate.

c.  (U) Use of Titles:  You may not enter titles such as “Dr.”, “Sr.”, “Mr.”, “Mrs.”, etc. in the data field on an MRV.  However, you may use such titles in the annotation field, as appropriate.

d. (U) Altering Data on a Machine Readable Visa (MRV):  You may not enter handwritten annotations or alterations on an MRV.  In the event of a data-entry error, you must re-enter information electronically in order to reissue the visa.

e. (U) Visas Requiring Petitions:  For visas which require petitions, posts must enter the following in the petition screen:

(1)  (U) Petitioner’s name;

(2)  (U) Approved petition number;

(3)  (U) Visa classification; and

(4)  (U) Expiration date of the petition - in PIMS or PCQS; or I-129S for Blanket L visas.

f.  (U) The name of the principal applicant should appear in the annotation field on the visa of each family member who is deriving status from the principal.  For example:

    P.A.:  JOHN DOE
PET. NAME:  HEALTHY LIFE, INC.  PET. NO. LIN9517750446
PET. EXP. DATE:  04 MAY 1996

g. (U) If you limit the validity of an H, L, O, P, or Q visa to less than the period of validity on the petition or authorized extension of stay, you must also enter the following in the annotation field:

    (PETITION VALID/STAY AUTHORIZED) (as applicable)

    TO:  DATE

9 FAM 403.9-2(B)  (U) Visa Issuance Case Notes

(CT:VISA-184;   09-22-2016)

a. (U) You should enter case notes documenting all visa issuances.  Even cases that appear to be routine (official travel, prior visas, history of good travel, etc.) may later develop certain aspects that invite further attention.  Factual, brief case notes provide useful context.  Officers should take particular care with any borderline, odd, or high profile cases.

b. (U) You are not required to enter issuance notes in the comment field of the Form DS-160, Nonimmigrant Visa Application, and you should not duplicate your efforts by doing so.

c.  (U) As case notes are replicated in the Consular Consolidated Databse (CCD), issuance notes may assist travelers at the port of entry (POE).  In the event the Department of Homeland Security/Customs and Border Protection (CBP) refers a traveler for secondary inspection, the issuance notes may provide CBP with an understanding of why the traveler was found to be eligible for a visa.  Clear  notes also assist the Visa Office’s Public Outreach and Inquiries Division (CA/VO/F/OI) to assist with inquiries into cases that attract outside attention.  Good case notes facilitate consular managers’ online NIV adjudication review.

9 FAM 403.9-2(C)  (U) Issuing More Than One Concurrently Valid Visa to an Applicant

(CT:VISA-184;   09-22-2016)

a. (U) Applicant Not to Possess More Than One Concurrently Valid Visa of the Same Type:  An applicant is not permitted to possess more than one valid visa of the same classification in the same type of passport (i.e., tourist, official, or diplomatic) at the same time.  You should physically cancel such visas whenever you encounter them.  You may defer to the applicant’s choice of which visa you cancel when circumstances permit.

b. (U) Visas of Different Types For Applicants Proceedings to the United States for Different Purposes on Different Occasions:  If an applicant desires to travel to the United States on different occasions and the principal purpose of entry will not be the same each time, you should issue the applicant, if he or she is qualified, separate visas suitable to each purpose of entry.  (For example, C-1 and D and B-2 and F.)  Except in the case of a crewman as described in paragraph c, below, two visas may not be issued concurrently to an applicant who contemplates changing the principal activity after admission without departing from the United States and making a new entry for a different purpose.

c.  (U) Issuing Concurrently Valid Visas of Different Types:  You should collect a separate Machine Readable Visa (MRV) fee for each visa issued, except when issuing any combination of nonimmigrant visas (NIVs) on one MRV foil (e.g., B-1/B-2 or C-1/D) or a (B-1/B-2 and a C-1/D when issued simultaneously - see 9 FAM 403.4 for more details on NIV fees) visa together to facilitate the entry of crew members (NOTE: This includes crewmen of both sea and air vessels).  You should place separate visas in the passport, and collect the prescribed reciprocity fee, if applicable, for each visa issued.  (For reciprocity fees, see country concerned in the country specific Reciprocity Schedules.)  If appropriate, you may place the visas in separate travel documents.  For example, a crewman might desire, upon arrival, to apply for admission as a temporary visitor while on leave from the vessel, and not as a member of the crew requesting shore leave.  In such a case, the crewman would receive a D visa as a member of the crew in his or her seaman's book, which would be valid only for use in connection with service on a vessel.  To be admitted as a temporary visitor, the crewman would need to obtain another travel document in which you would place a B visa.

d. (U) Dual Nationals:  A dual (or multiple) national who possesses a passport for each country of nationality is permitted to have a visa issued in each passport, provided the visas are of different classification.  E-1 and E-2 visas must be issued in the passport of the treaty country.  (For a list of countries with which the United States has E-1/E-2 treaty agreements, (see 9 FAM 402.9).  Validity of “E” visas may be found in the reciprocity schedule under country concerned.  In cases in which the United States has formalized a treaty agreement with another country and has not yet established a permanent reciprocity schedule, then you should use the temporary reciprocity schedule.

9 FAM 403.9-2(D)  (U) Review of Visa Issuances by Supervisors

(CT:VISA-278;   01-05-2017)

a. (U) Consular supervisors must review as many nonimmigrant visa (NIV) issuances as is practicable, but not fewer than 10% of NIVs issued.  Systematic, regular review of approved NIV applications is a significant management and instructional tool to maintain the highest professional standards of adjudication.  It also ensures uniform and correct application of applicable law and regulations.  This review should be done with a view to enhancing U.S. border security and ensuring consistent adjudication standards (see 9 FAM 601.4-2).  The designated supervisory officer must review the case and either confirm or disagree with the issuance and, in the case of disagreement with the issuance, explain the decision clearly in a case note. (See 9 FAM 307.4, Supervisory Duties, for information regarding supervisory review and VLA violations.)

b. Unavailable

c.  (U) Reviewing officers should pay particular attention to issuances of inexperienced officers.  The less visa adjudication experience an officer has, the greater the percentage of issuances that you should review.  You should review at least 50% of the cases issued by an officer with no previous NIV adjudication experience during his or her first month.  As an officer gains experience and competence over time, the percentage of issuances reviewed should decline as determined appropriate by the reviewing officer and ultimately conform to the norm outlined above.

d. (U) The reviewing officer should be the issuing consular officer’s direct supervisor, regardless of whether the reviewing officer has a consular commission and title.  In all cases, the reviewing officer must be in the issuing officer’s supervisory chain of command.  While the reviewing officer may wish to see the complete paper documentation associated with the cases reviewed, he or she must indicate his or her decision in the NIV Adjudication Review report in the Consular Consolidated Database (CCD).  The issuances must be reviewed without delay; that is, on the day of the issuance or as soon as is administratively possible.

e. (U) If the chain of command rule of the previous paragraph results in a reviewing officer who does not have a consular commission and title (some Deputy Chiefs of Mission, for example, may not be authorized to adjudicate visas), that officer must nevertheless review issuances.  The review should focus on, but not necessarily be limited to, the visa recipient’s likelihood to maintain lawful status in the United States and not engage in activities beyond the scope of the visa category, including his or her potential threat to people and property in the United States.  Reviewing officers should be alert to patterns of issuances that appear to fall outside the general norms for a post, such as issuances to TCNs or applicants who appear only marginally eligible, or unexplained overcomes of hard refusals.  While reviewing officers without consular experience cannot be expected to know the breadth and depth of visa statutes and regulations, they can add value to the issuance process by applying their knowledge of national security threat assessments, local conditions, and global trends.  At posts with a single consular officer, the reviewer, adjudicating officer and Regional Consular Officer (RCO) must make issuances a regular topic of discussion during the RCO’s visits.

f.  (U) If a reviewing officer as described in the above paragraph concurs with the issuance, he or she, like any other reviewing officer, must indicate his or her decision in the NIV Adjudication Review report in the CCD.

g. (U) Non-Concurrence With Issuance by Reviewing Officer

(1)  (U) If a reviewing officer with a consular commission and title does not concur with the issuance, he or she may assume responsibility and re-adjudicate the case.  The reviewing officer must discuss the case fully with the original adjudicating officer before taking any action.  The reviewing officer must not refuse an applicant under INA 214(b) without re-interviewing the applicant in person or by phone unless the disagreement involves a procedural error or a matter of law.  If the reviewing officer reverses the issuance and the visa has not yet been printed, the applicant must be notified promptly.  If the visa has been issued and printed it must be revoked per 9 FAM 403.11.  The reviewing officer should enter a note in the NIV Adjudication Review in the CCD that explains the reason for overturning the issuance.

(2)  (U) A reviewing officer without a consular commission and title may not issue or refuse a visa.  Therefore, if such a reviewing officer does not concur with the issuance, printing of the case must be suspended, and the reviewing officer must:

(a)  (U) Discuss the basis for the original issuance, especially elements of fact, with the adjudicating officer in a good faith attempt to arrive at a mutually acceptable final adjudication of the application.

(b)  (U) If such a discussion cannot resolve the issue, the RCO, if the post is covered by an RCO, should be consulted for his or her insight with a view to coming to a mutually agreed-upon adjudication.  If the discussion cannot occur in a timely fashion, the case should be removed from the print queue and entered as an INA 221(g) refusal pending the outcome of this larger review and discussion.

(c)  (U) If the difference of opinion is based upon a legal or procedural issue that cannot be resolved by consulting Departmental guidance at post (the INA, FAM, CMH, cable guidance, etc.), post should seek Visa Office guidance (legal questions should be referred to CA/VO/L/A and procedural questions to CA/VO/F).

(d)  Unavailable

(e)  (U) If, despite these efforts, no mutually agreed-upon adjudication can be achieved, the issuance stands.  In any case, a note of the discrepancy must be made in the comment field of the Form DS-160, Online Nonimmigrant Visa Application and in the NIV Adjudication Review Report in the Consular Consolidated Database (CCD).

9 FAM 403.9-3  (U) Passport Requirements

9 FAM 403.9-3(A)  (U) Passport Must be Issued by a Competent Authority

9 FAM 403.9-3(A)(1)  (U) Interpreting "Competent Authority"

(CT:VISA-184;   09-22-2016)

a. (U) The term “competent authority” as used in INA 101(a)(30) means an official who is duly authorized to issue passports by the government of the country of issuance.  The term is not linked with the maintenance of diplomatic relations with, or recognition by, the United States.  Accordingly, the Department will determine, on a case-by-case basis, whether a passport-issuing authority is a “competent authority” within the meaning of INA 101(a)(30).

b. (U) World Service Authority Passports are not acceptable as “passports” for visa issuing purposes.  The World Service Authority is a private organization and not a “competent authority” within the meaning of INA 101(a)(30).  The document is a 40-page, passport-size document with a bright blue cover with gold lettering.

c.  (U) Travel Documents Presented by Nationals of Entities Not Having Formal Diplomatic Relations With the United States:

(1)  (U) You may place nonimmigrant visas (NIVs) in travel documents issued by the following entities with which the United States does not have formal diplomatic relations, provided the travel documents otherwise meet the definition of the term “passport” as contained in INA 101(a)(30) and 22 CFR 41.104(a):

(a)  (U) Bhutan;

(b)  (U) Iran;

(c)  (U) West Bank and Gaza; and

(d)  (U) Taiwan (except diplomatic and official passports).

(2)  (U) You may not place nonimmigrant visas (NIVs) in travel documents issued by the Government of North Korea, with which the United States does not have formal diplomatic relations, unless specifically authorized by CA/VO/L/A.

d. (U) Refer to the reciprocity schedules under the country of issuance, and to this section and 9 FAM 403.9-3(A)(2) below, for descriptions of certain documents which do not fulfill the requirements of a passport as defined in INA 101(a)(30).

9 FAM 403.9-3(A)(2)  (U) Travel Documents Issued by International Organizations 

(CT:VISA-184;   09-22-2016)

a. (U) United Nations Laissez-Passer:  See 9 FAM 402.3-7(D)(5) for information about placing G-4 visas in a UN Laissez-Passer.

b. (U) Organization of American States Official Travel Document:  The official travel document of the Organization of American States (OAS) is issued to an employee of the OAS General Secretariat or other agency of the OAS.  The purpose of the document is to identify the holder as an official or employee of an agency of the OAS and to facilitate travel compatible with the interests of the OAS.  The document is not considered a “passport” as defined in INA 101(a)(30) therefore, visas must not be placed in this document.

9 FAM 403.9-3(B)  (U) Passport Validity

9 FAM 403.9-3(B)(1)  (U) Passport Must Be Valid Six Months Beyond Initial Period of Stay

(CT:VISA-184;   09-22-2016)

(U) A nonimmigrant visa is only to be issued in passports that are valid for at least six months beyond the initial period of contemplated stay in the United States, except in the following circumstances:

(1)  (U) The alien is within the purview of 22 CFR 41.21(b) exceptions from passport validity requirements for certain A, G, and NATO aliens;

(2)  (U) The passport requirement has been waived in the alien’s case pursuant to INA 212(d)(4);

(3)  (U) The alien has F (student) classification and is granted admission for the period required to complete the course of study indicated on Form I-20, Certificate of Eligibility for Nonimmigrant (F-1) Student Status.  Note that the student’s passport should maintain a validity of at least six months beyond the anticipated departure date; or

(4)  (U) The alien’s passport was issued by a country having entered into an agreement with the United States for the extension of the validity of their passports for a period of six months beyond the expiration date specified in the passport.  The countries listed in 9 FAM 403.9-3(B)(2) paragraph f below have an agreement with the United States whereby their passports are recognized as valid for return to the country concerned for a period of six months beyond the expiration date specified in the passport.

9 FAM 403.9-3(B)(2)  (U) Countries That Extend Passport Validity for an Additional Six Months After Expiration

(CT:VISA-263;   12-07-2016)

a. (U) Some countries have agreements with the United States whereby their passports are recognized as valid for return to the country concerned for a period of six months beyond the expiration date specified in the passport.  The effect of these agreements is to extend the period of validity of the passport for six months beyond the expiration date appearing on the face of the document, for the purposes of INA 212(a)(7)(B)(i)(I).

b. (U) As passports issued by the countries listed in paragraph f below meet the requirements of INA 212(a)(7)(B)(i)(I) until the date shown for expiration, the consular officer could issue a visa at any time prior to that date.  However, such action might not be practical when only a very narrow margin of time remains.

c.  (U) The consular officer shall inform the visa recipient that admission into the United States will not be granted by the immigration authorities for a period extending beyond the actual expiration date shown in the passport, and that the alien’s stay in the United States cannot be extended beyond that date until an extension of the validity of the passport has been obtained.

d. (U) The consular officer shall not issue a visa on the basis of an expired passport unless the applicant is able to present to the consular officer collateral documentation, which together with the expired passport, meets the requirements of INA 101(a)(30) and INA 212(a)(7)(B)(i)(I).

e. (U) Negotiations Regarding Extended Passport Validity:  Diplomatic missions located in countries which place a time limitation on the validity of their passports and which have not entered into agreements of the type above should invite the governments to which they are accredited to give written assurances that bearers of their passports entering the United States as nonimmigrants will be readmitted to the countries of which they are nationals for a period of 6 months beyond the expiration date of their passports.  Posts should explain to the government concerned the provisions of INA 212(a)(7)(B)(i)(I) which make such action desirable.  Posts must scan and e-mail a copy of any assurances received to CA/VO/L/R.  Posts must then mail the original document containing the assurances to CA/VO/L/R.

f.  (U) Countries That Extend Passport Validity for an Additional Six Months After Expiration:  U.S. citizens should make sure that they have at least six (6) months left on their passport prior to its expiration date or else they may not be permitted to board the airline.  Some countries require that a traveler’s passport be valid for at least six months beyond the dates of the trip.  Travelers should contact the embassy of their foreign destination for more information.  Foreign embassy and consulate contact information can also be found in the Country Specific Information pages at the Department of State's travel website.

Andorra

Angola

Antigua and Barbuda

Antilles

Argentina

Armenia

Aruba

Australia

Austria

Bahamas, The

Barbados

Belgium

Belize

Bermuda

Bolivia

Bosnia-Herzegovina

Brazil

Bulgaria *

Burma

Canada

Chile

Colombia

Costa Rica

Cote D’Ivoire

Croatia *

Cyprus

Czech Republic

Denmark

Dominica (DOMN)

Dominican Republic

Egypt

El Salvador

Estonia

Ethiopia

Federated States of Micronesia

Fiji

Finland

France

Gabon

Georgia

Germany

Greece

Grenada

Guatemala

Guinea

Guyana

Haiti

Holy See (Vatican City)

Hong Kong

Hungary

Iceland

India

Indonesia

Ireland

Israel

Italy

Jamaica

Japan

Kosovo *

Latvia

Lebanon

Libya

Liechtenstein

Lithuania

Luxembourg

Macau

Macedonia

Madagascar

Malaysia

Maldives

Malta

Mauritania

Mauritius

Mexico

Monaco

Mongolia

Montenegro

Mozambique

Nepal

Netherlands

New Zealand

Nicaragua

Nigeria (NRA)

Norway

Pakistan

Palau

Panama

Papua New Guinea (PNG)

Paraguay *

Peru

Philippines

Poland

Portugal

Qatar

Romania

Russia

San Marino

Saudi Arabia *

Serbia

Seychelles

Singapore **

Slovakia

Slovenia

South Africa

South Korea

Spain

Sri Lanka

St. Kitts and Nevis

St. Lucia

St. Vincent and The Grenadines

Suriname

Sweden

Switzerland

Taiwan

Thailand

Trinidad and Tobago

Tunisia

Turkey

Tuvalu

Ukraine

United Arab Emirates

United Kingdom

Uruguay *

Uzbekistan

Venezuela

Zimbabwe

 

(U) * These countries extend passport validity reciprocity to U.S. citizens.

 

(U) ** Extension of passport validity reciprocity to U.S. citizens does not apply to U.S. citizens entering Singapore; it only applies to U.S. citizens already in the country.  Singapore will allow a U.S. citizen, already in Singapore, who holds a U.S. passport, which has expired within the six (6) months period beyond the expiry date, to return to the United States.  This is on the assumption that the bearer of the passport is still a U.S. citizen.

9 FAM 403.9-3(B)(3)  (U) Passport Validity Insufficient to Cover U.S. Visit

(CT:VISA-184;   09-22-2016)

(U) If an applicant presents a passport valid for more than six months but not sufficient to permit admission for the entire period of stay contemplated, the consular officer shall urge the applicant to have the passport extended, renewed, or replaced before visa issuance.  In the event that this is not feasible until after the alien’s arrival in the United States, the officer may issue the visa.  The officer shall then advise the applicant that the initial period of stay will be limited because of the limited validity of the passport.  The consular officer should also explain the procedures for seeking an extension of stay from the Department of Homeland Security (DHS).  Except for aliens covered by the provisions of 9 FAM 403.9-3(B)(2) above, the passport must be valid for more than six months, since an alien presenting a passport valid for six months or less would be inadmissible at a port of entry (POE).

9 FAM 403.9-3(B)(4)  (U) Visa Valid in Expired Passport

(CT:VISA-184;   09-22-2016)

a. (U) When a passport containing a valid visa expires, the expiration of the passport has no effect on the validity of that visa.  The holder, however, shall be informed, at the time of application for admission, of the need for a new or renewed passport.

b. (U) The passport should be valid for a minimum period of 6 months from the expiration date of the initial period of admission or contemplated period of stay in the United States.  The passport may be either the one in which the visa stamp has been placed, or a new passport.  Thus, an alien can present two passports; one which fulfills the visa requirement and the other the passport requirement.  The alien's nationality, as indicated in the new passport, must be the same as that shown in the passport bearing the visa foil.

9 FAM 403.9-3(C)  (U) Restrictions on Passports

(CT:VISA-184;   09-22-2016)

a. (U) Applying Within Country of Issuance:  If an applicant for a nonimmigrant visa (NIV) presents a valid passport in the country whose authorities have issued that passport, and if the passport contains an endorsement as not being valid for travel to the United States, the consular officer shall not issue a visa until the endorsement has been removed by the appropriate authorities.  The reason for this is twofold:

(1)  (U) No useful purpose would be served in issuing a visa to an applicant who would, in effect, be forbidden to use that visa; and

(2)  (U) Issuance of a visa in such circumstances could be regarded as an attempt to circumvent the laws or regulations of the country in which the post is located.

b. (U) Applying Outside Country of Issuance:  If an applicant is applying for a visa in a country other than the one which issued the passport containing a restriction on travel to the United States, but the passport is otherwise valid and the alien is otherwise eligible, the consular officer may issue a visa without regard to such restriction.

c.  (U) No Effect on Validity of Nonimmigrant Visa:  Limitations on the validity of a passport do not affect the validity of the nonimmigrant visa.  For example, the fact that a passport has been limited by the issuing authority to a single trip to the United States would not preclude issuance of a visa valid for unlimited applications for admission, if so prescribed in the appropriate reciprocity schedule.

9 FAM 403.9-3(D)  (U) Using Form DS-232, Unrecognized Passport or Waiver Cases When Visa is Not Placed in Passport

(CT:VISA-184;   09-22-2016)

(U) All visa-issuing offices should use Form DS-232, Unrecognized Passport or Waiver Cases, in complying with the provisions of 22 CFR 41.113(b).  In all cases, except those listed in 22 CFR 41.113(b)(1) through (3), you must obtain the Department’s specific authorization (please contact CA/VO/L/A) before issuing an NIV on Form DS-232.  See 9 FAM 403.9-6(B) below for information about placing an MRV on a DS-232.

9 FAM 403.9-3(E)  (U) Samples of Foreign Passports

(CT:VISA-184;   09-22-2016)

(U) The Department (as well as other Government agencies) requires up-to-date information regarding the types of passports issued by foreign governments for temporary travel purposes, the criteria for their issuance, the qualifications of the persons to whom they are issued, the period of validity of such passports, whether more than one person may be included in a single passport, and whether the photograph requirements of 22 CFR 41.105(a)(3) can be met.  The Department also requires information regarding other pertinent foreign passport regulations in order to determine, for example, whether a passport may be considered the “equivalent” of a diplomatic passport.  Accordingly, the Department requests all posts dealing with a central government authority to report on the types of passports currently issued by the governments to which they are accredited and the classes of persons to whom such documents are issued, accompanied by two samples of new passports and other similar or equivalent documents which may have been issued since the previous report on the subject (provided the regulations of the government concerned permit).

9 FAM 403.9-4  (U) Validity of Nonimmigrant Visas

9 FAM 403.9-4(A)  (U) Visa Validity Versus Period of Admission

(CT:VISA-184;   09-22-2016)

a. (U) A visa is not the same as immigration status.  Many travelers confuse the two.  A visa does not entitle the bearer to enter or remain in the United States.

b. (U) The validity of a visa refers to the time in which an applicant may make application to an immigration officer at a port of entry for admittance into the United States.  It has no bearing on the length of time for which the alien may be admitted.  For example, an alien whose B-1 visa may expire a month after entry into the United States, could be admitted by a Department of Homeland Security (DHS) officer at a port of entry (POE) for a stay of up to one year.  On the other hand, an alien whose B-1 visa has a validity of one year may be granted a stay of only one month, as may be determined by a DHS official at a port of entry.

c.  (U) Expired Nonimmigrant Visa:  An "expired nonimmigrant visa" means a visa which is no longer valid due to the passage of time or because the maximum number of entries for which the visa is valid has been reached.

9 FAM 403.9-4(B)  (U) Validity of Nonimmigrant Visas

(CT:VISA-184;   09-22-2016)

a. (U) Maximum Period of Validity:  The maximum validity of any nonimmigrant visa (NIV) is 10 years, but may be limited to less than 10 years on the basis of reciprocity.  (See 9 FAM 403.8 and Visa Reciprocity and Country Documents Finder.)  Reciprocity schedules apply to nationals, permanent residents, refugees, and stateless residents of the countries concerned.

b. (U) Posts Encouraged to Issue Full-Validity Visas:  Posts are encouraged to issue full-validity visas.  The routine issuance of limited validity visas runs contrary to that policy.  Although 22 CFR 41.112(c) gives you the discretion to limit visa validity, this authority should be used very sparingly, preferably under the guidance of an experienced consular manager, in cases where the applicant’s current circumstances meet the requirements for visa issuance but may not continue to do so in the long term.

c.  (U) Visa Validity and Clearances in Out of District Cases:  You are encouraged to issue full validity visas to aliens who qualify for a nonimmigrant visa, even when the application is made away from the alien's normal place of residence.  Pre-clearances with another post on out-of-district applicants need be done only when required by the Department's regulations or instructions, or when you consider it necessary in order to establish the applicant's eligibility.  Such a clearance is not required, for example, in the case of an alien from a traditionally low-risk country whose bona fides are evident to the officer.  Post-checks (after visa issuance) are of limited use and may be dispensed with, unless specifically required by regulations or instructions.

d. (U) Reasons Behind Issuing Full-Validity Visas:  The validity of and authorized number of entries in a U.S. visa are based on the principle of reciprocity.  (See 9 FAM 403.8.)  Visas are issued to nationals of another country based on the visa policy of the government of that country towards U.S. citizens.  In addition, if you determine an applicant is qualified under the law for a visa that decision should apply to future trips as well.  If you are not convinced the applicant would fulfill the terms of his or her visa in the future, you should refuse the visa under INA 214(b).

e. (U) Ramifications of Limiting Validity of Visas:  The practice of limiting visa validity of a country's applicants may lead the host government to raise an objection that the United States is not according reciprocal treatment to its nationals.  This could create the unfortunate situation where the host government may retaliate against our restrictive issuances by imposing more stringent visa validities and numbers of entries on U.S. travelers to that country.  Therefore, limitation of visa validity should not be undertaken without good reason, nor should it become standard practice toward all nationals of a given country.

9 FAM 403.9-4(C)  (U) Limitations on Visa Validity

(CT:VISA-263;   12-07-2016)

a. (U) When Visa Validity May be Limited: Visa validity may only be limited in accordance with 22 CFR 41.112(c), which allows a consular officer, if warranted in an individual case, to issue a nonimmigrant visa for:

(1)  (U) a period of validity that is less than that prescribed on a basis of reciprocity;

(2) (U) a number of applications for admission within the period of the validity of the visa that is less than prescribed on a basis of reciprocity;

(3) (U) application for admission at a specified port or at specified ports of entry; or

(4) (U) use on and after a given date subsequent to the date of issuance.

b. (U) Limitations Should be Used Judiciously:  You must exercise with caution the discretionary authority accorded by 22 CFR 41.112(c)(1) and (2) when limiting the validity of visas.  The routine practice of limiting visa validity may lead to complaints by the host government that consular officers are biased and the United States has failed to accord reciprocal treatment to the host government’s nationals.  Such a practice may also result in an unnecessary increase in workload.  The reapplication rate of aliens with limited visas is relatively high at many posts.  Therefore, the period of time and the number of applications for admission for which a nonimmigrant visa is valid must not be restricted without due cause to less than that permitted by the reciprocity schedules.  Limiting visa validity may also impact the equities of other parts of the United States government.

c.  (U) Validity/Entries Limitations:

(1)  (U) You can only restrict a visa to less than full validity only if you believe the applicant qualifies as a nonimmigrant for a limited period of time or a limited number of visits. 

(2)  (U) You cannot limit visas when you have doubts of the applicant’s bona fides or believe that issuing a less than full validity visa would better facilitate travel, unless otherwise allow by law, regulation, or FAM guidance or are directed by the Department. 

      (U) Note: When an applicant's bona fides are in question, such applications should rightly be refused under INA 214(b). 

(3)  (U) Limitations of visa validity are most appropriate when the applicant’s bona fides in the immediate near term are not in question, but the stability of the applicant’s longer-term ties to his or her residence abroad are in doubt.  At most posts, such cases should constitute only a small percentage of the nonimmigrant visa caseload.  (See 9 FAM 403.9-5 below for procedures on annotating visas when limiting validity in accordance with this guidance.)

(4)  (U) Validity of A-3 and G-5, and NATO-7 Visas:

(a)  (U) As a matter of policy, the standard and customary practice is to issue A-3, G-5, and NATO-7 visas for a maximum period provided for in the Reciprocity Schedule of the country concerned.

(b)  (U) The validity of an A-3, G-5, or NATO-7 visa may not exceed the validity of the visa held by the employer, who would be the bearer of an A-1, A-2, G-1 through G-4, or NATO-1 through NATO-6 visa.

(c) (U) The validity of NATO-7 visas for personal employees from non-member NATO countries is based on the A-3 data provided in the reciprocity schedule of the respective country of the NATO-7 alien (see 9 FAM 402.3-9(B)(6)).

(6)  (U) Validity of B-1 Visa Issued to Personal Servant or Employee:  The validity of a B-1 visa issued to a personal employee who is accompanying a nonimmigrant employer must not exceed the validity of the visa issued to the employer.  (See 9 FAM 402.2-5(D) for cases in which the B-1 classification is authorized for personal employees of nonimmigrant employers.)

d. Unavailable

e. (U) Limitations on Visas Requiring Posting of Bond:

(1) (U)  Limitation for One Entry and Six Months:  In cases where a bond has been required and posted, you must limit the visa to one entry, valid for six months.  This will enable DHS to cancel bonds upon request without communicating with the visa-issuing post.  (See 9 FAM 403.9-5(H) paragraph d below.)

(2)  (U) Sponsor's Request for Cancellation of Visa in Order to Withdraw Bond:

(a)  (U) In some cases, the sponsor may request cancellation of the alien's visa in order to withdraw the bond.  After physically canceling the visa (see 22 CFR 41.122(c)), you will notify the DHS office concerned by letter or interested party telegram that the bond may be canceled and the money released.

(b)  (U) The communication shall contain the applicant's full name, date and place of birth, nationality, the amount of the bond, the applicant's "A" serial number (which will have been shown on DHS notification that the bond was posted), and the date on which the visa was canceled.  You must annotate Form DS-160 Online Non-Immigrant Visa Application, which should reflect the amount of the bond, the alien’s “A” serial number and the date on which the visa was canceled.

f(U) Validity of G-4 Visa Issued in U.N. Laissez-Passer:  See 9 FAM 402.3-7(D)(5).  The Secretary General, all under secretaries, and all assistant secretaries general of the United Nations may be issued G-4 diplomatic visas valid for 60 months with multiple entries.  The visas, however, must be placed in the national passport rather than in the Laissez-Passer.  For all others at the United Nations or United Nations Secretariat, refer to the reciprocity schedule of the country concerned.

g. (U) Individual D Visas:  Individual D visas should be issued for the full period of validity and number of applications for admission indicated by the Reciprocity Schedule, but only after all necessary clearances have been received.

9 FAM 403.9-4(D)  (U) Single-Entry Versus Multiple-Entry Visas

(CT:VISA-184;   09-22-2016)

a. (U) Posts may not routinely issue single-entry visas when the Reciprocity Schedule allows the issuance of multiple-entry visas.  Such a practice increases workload for posts and could cause problems for travelers and ports of entry; for example, Caribbean cruise ships often stop at several foreign and U.S. ports (including the U.S. Virgin Islands and Puerto Rico) during a single trip, requiring multiple-entry visas.  Passengers with single entry visas may be denied boarding by a cruise line that may be subject to a fine for carrying non-admissible passengers.  However, consular managers have the discretion to issue single-entry visas when the alien’s itinerary indicates that only a single entry is needed and unusual circumstances surrounding the application argue for such a restriction.

b. (U) Issuance of Two-Entry Visa in Lieu of Reciprocal Single-Entry Visa:

(1)  (U) Same Purpose Required for Each Entry in Two-Entry Visa:

(a)  (U) An alien who wishes to make more than one application for admission during the course of a single journey may be issued a two-entry visa, even though the appropriate Reciprocity Schedule limits the validity of the visa to a single application.  The alien must, on each occasion, be seeking admission for the same principal purpose, and the visa may not be valid for more than two applications for admission.  This provision is applicable to all categories of nonimmigrant visas, except K visas.

(b)  (U) A single journey means the applicant will not travel back to his/her country of residence before making a new application for admission to the United States.  The applicant's travel plans will require him or her to enter the United States twice before returning home.).

(2)  (U) Double Reciprocity Fee Prescribed:  When a reciprocity fee is prescribed in the Reciprocity Schedule for a single-entry visa, then that fee must be doubled when a visa is issued for two applications for admission.   In addition to the reciprocity fee prescribed in the Reciprocity Schedule, the machine-readable visa (MRV) fee listed in the Schedule of Fees in 22 CFR 22.1 must also be paid, but the MRV fee is not to be doubled.  Only one machine readable visa (MRV) fee listed in the Schedule of Fees in 22 CFR 22.1 is collected even when a visa is issued for two applications for admission.

9 FAM 403.9-4(E)  (U) Automatic Revalidation of a Nonimmigrant Visa

(CT:VISA-184;   09-22-2016)

a. (U) According to 22 CFR 41.112(d), the validity of an expired nonimmigrant visa may be considered to be automatically extended to the date of application for readmission for a nonimmigrant alien who:

(1)  (U) Is in possession of a Form I-94, Arrival-Departure Record, endorsed by DHS to show an unexpired period of initial admission or extension of stay, or, in the case of a qualified F or J student or exchange visitor or the accompanying spouse or child of such an alien, is in possession of a valid Form I-20, Certificate of Eligibility for Nonimmigrant (F-1) Student Status - for Academic and Language Students, or Form DS-2019, Certificate of Eligibility for Exchange Visitor (J-1) Status;

(2)  (U) Is applying for readmission after an absence not exceeding 30 days solely in contiguous territory, or, in the case of a student or exchange visitor or accompanying spouse or child, after an absence not exceeding 30 days in contiguous territory or adjacent islands;

(3)  (U) Has maintained and intends to resume nonimmigrant status;

(4)  (U) Is applying for readmission within the authorized period of initial admission or extension of stay;

(5)  (U) Has a valid passport;

(6)  (U) Does not require a waiver of ineligibility under INA 212(d)(3); and

(7)  (U) Has not applied for a new visa while abroad.

b. (U) Eligibility for Automatic Revalidation After Change of Status:  Automatic Revalidation is available to aliens who have changed status in the United States and seek to use an expired nonimmigrant visa (in addition to a valid nonimmigrant visa).

c.  (U) Certain Aliens Excluded From Use of Automatic Revalidation:   The Department has excluded aliens who apply for new visas during short visits to contiguous territory or adjacent islands and aliens who are nationals of countries identified as state sponsors of terrorism from the benefits of automatic revalidation of an expired NIV.  The regulation also excludes nationals of countries identified as supporting terrorism:  Iran, Sudan, and Syria

9 FAM 403.9-4(F)  (U) Maximum Initial Periods of Admission and Extension of Stay

(CT:VISA-196;   09-30-2016)

(U) Department of Homeland Security (DHS) regulations and Operations Instructions permit a maximum initial period of admission for nonimmigrants as follows:

CATEGORY

MAXIMUM INITIAL PERIOD OF ADMISSION

EXTENSION OF STAY

A-1

Duration of Status

Renewal of accreditation by the Department of State pursuant to a request from a foreign government.  No fee.

A-2

Duration of Status

Renewal of accreditation by the Department of State pursuant to a request from a foreign government.  No fee.

A-3

3 Years

An extension is granted in increments of two years. Form I-566, Interagency Record of Request - A, G or NATO Dependent Employment Authorization or Change/Adjustment to/from A, G or NATO Status to the Department of State. Form I-539, Application to Extend/Change Nonimmigrant Status Fee: $300.

B-1

1 Year

Extensions granted for up to 6 months. For application of a religious denomination, up to 1 year. Form I-539, Fee: $300.

B-2

1 Year (minimum = 6 months)

Extensions granted in increments of up to 6 months, dependents of Canadian TCs, up to 1 year. Form I-539, Fee: $300.

Visa Waiver

90 days

Not entitled to extension.

Guam Visa

15 days

Not entitled to extension.

C-1

29 days

Not entitled to Extension.

C-2

Duration of Status at U.N.

Not entitled to extension unless otherwise indicated in consular notification, INA 212(d)(3) authorization or Department Of Homeland Security (DHS)/CO instruction.

C-3

29 days

Not entitled to extension.

D

29 days

Not entitled to extension.

E-1

1 year

Submit Form I-129, Petition for a Nonimmigrant Worker Free: $320, Petition for Nonimmigrant Worker, along with E supplement and Form I-539, Fee: $300, Application to Extend or Change Status, for accompanying relatives.

E-2

1 year

Submit Form I-129 for Nonimmigrant Worker, along with E Supplement, Fee: $320, and submit Form I-539 or accompanying relatives. Fee: $300.

F-1

Duration of status

Your Form I-20, Certificate of Eligibility for Nonimmigrant (F-1) Student Status - for Academic and Language Students can be extended by the designated school official. Form I-20 extension should be filed along with your passport, Form I-94, Arrival-Departure document, a letter stating the reason for your extension.

F-2

Duration of status of F-1

As long as the principal F-1 maintains status as a student the F-2 is not required to seek extension of stay.

G-1

Duration of status

Not applicable.

G-2

Duration of status

Not applicable.

G-3

Duration of status

Not applicable.

G-4

Duration of status

Not applicable.

G-5

3 Years

Extensions granted in increments of up to 2 years. No Fee. 

H-1B

Validity period of petition not to exceed 3 years, plus up to 10 days before and after validity period

Can be extended for a total stay of 6 years. Form I-129, Fee: $320. Family members must file Form I-539, Fee: $300.

 

H-2A

Validity of petition, plus up to one week before and 10 days after the validity period

The employer may apply for re-certification for an additional two years with one year extensions, but on each new application, the employer must justify the reason for the renewal request. Form I-129 Fee: $320.

H-2B

Validity period of petition (date to which labor certification is valid or 1 year), plus up to 10 days before and after the validity period

The employer may apply for re-certification for an additional two years with one year extensions, but on each new application, the employer must justify the reason for the renewal request. Form I-129 Fee: $320.

H-3

Validity of petition not to exceed 2 years plus up to 10 days before and after the validity period

You may not apply for extension of stay on H-3 visa. Upon the completion of the period of stay you are must leave the U.S. as there is no extension facility for this visa.

H-4

Duration of status of H-1, H-2, H-3

Extension may be granted as long as the principal H visa holder maintains status. Form I-539, Fee: $300.

I

Duration of Employment

Extensions of stay, in one year increments, may be granted as long as you continue in the same position or activity for which you were originally granted I status. Form I-539, Fee: $300.

J-1

Period specified in Form DS-2019, plus 30 days

Extensions may be granted as long as it is necessary to complete the program. J-1 visitors must contact the responsible officer of their program for information on extensions.

J-2

Duration of status of J-1

Extension of stay depends on the principal J-1 visa extension.

K-1

90 days

Not entitled to extension, must get married within 90 days.

K-2

90 days

Not entitled to extension, if parent does not get married within 90 days, must depart within 30 days.

L-1

As authorized in petition, but not to exceed 3 years

Extensions of two years at a time may be allowed until you have been in the U.S. for a total of seven years if you are a manager or executive. Form I-129 and L Supplement, Fee: $320

M-1

Period to complete course of study on I-20 M plus 30 days, or 1 year, whichever is less

You may apply for extension of stay on M-1 visa after the completion of your studies to pursue practical training. If approved, you will be allowed to have one month of practical training for every four months of study you have completed. You will be limited to six months total practical training time. Form I-539, Fee: $300.

M-2

Duration of status of M-1

Form I-539, Fee: $300.

N-8

3 Years

Form I-539, Fee: $300.

N-9

3 years

Extensions granted in increments of up to 3 years, Form I-539, Fee: $500.

NATO-1

Duration of status

Not applicable.

NATO-2

Duration of status

Not applicable.

NATO-3

Duration of status

Not applicable.

NATO-4

Duration of status

Not applicable.

NATO-5

Duration of employment in U.S. with NATO member

Not applicable.

NATO-6

Duration of employment in U.S. with NATO member

Not applicable.

NATO-7

Duration of status if employed by NATO-1 through 4; 2 years if employed by NATO-5 or 6

None (If employed by NATO-5 or 6, extensions granted in increments of not more than one year).

TD

1 year

Form I-539, Fee: $300.

TN

3 years

Extensions granted for up to one year. Form I-129, Fee: $320.

9 FAM 403.9-5  (U) Annotations

9 FAM 403.9-5(A)  (U) Annotating Visas

(CT:VISA-234;   10-27-2016)

a. (U) Annotating visas is a useful tool that can help both the visa holder and immigration inspectors at ports of entry (POE).  In many circumstances, the Foreign Affairs Manual (FAM) requires you to annotate visas. Annotations also provide CA and others (through the Consular Consolidated Database (CCD)) with information, both current and historical, and may be the only manner in which certain information is collected in an electronic format.  Understanding when to annotate and when not to annotate a visa, and what information should or must be included, is important in making annotations effective.

b. (U) A visa annotation is a simple and useful method to convey information about a visa applicant and the circumstances under which a visa was issued, explain the circumstances or assumptions on which the visa decision was based, or clarify key factors which were considered at the time of adjudication.  The information contained in a visa annotation should help facilitate an immigration inspector’s decision on whether or not to admit the visa holder to the United States, and, if to admit, for how long.

c.  (U) Annotations should be concise and should be understandable to persons outside the Department.  Abbreviations may be used, but they must be clear and self-evident.  You should not use jargon or shorthand.  Annotations should always be constructive and informative.  You should carefully review annotations to avoid conveying a negative tone.

d. (U) There are Four Principal Instances When You Must Annotate Visas:

(1)  (U) For certain classes of visas as required by regulation;

(2)  (U) For B-1 visas issued for certain employment-like purposes;

(3)  Unavailable

(4)  (U) When you have decided to grant either a single-entry or less-than-full validity visa when a longer-term or multiple entry visa is available under visa reciprocity.

(5)  (U) EVUS-subject visas pursuant to current guidance.

9 FAM 403.9-5(B)  (U) Annotating Visas for Foreign Government Officials

(CT:VISA-184;   09-22-2016)

a. (U) You should annotate the visa of a principal applicant to reflect his or her place of employment.  For example:

JOHN DOE, EMBASSY OF Z
WASHINGTON, DC

b. (U) Annotating Visas for Permanent Observer Missions at the United Nations:  You must annotate visas for principal applicants at Permanent Observer Missions at the United Nations B-1 visas that reflect their places of employment.  For example:

JOHN DOE
OBSERVER MISSION TO THE UNITED NATIONS
(NAME OF ORGANIZATION), NEW YORK, NY

c.  (U) Dependents of Permanent Observer Missions at the United Nations:

PRINCIPAL APPLICANT:  JOHN DOE
UNITED NATIONS OBSERVER MISSION
(NAME OF ORGANIZATION), WASHINGTON, DC

d. (U) A and G Individuals Coming to the United States for Less Than 90 Days:  The symbol “(TDY)” must be placed in the MRV annotation field of any individual in A or G status coming to the United States for a temporary assignment of less than 90 days.  You should annotate the place of his or her employment.  For example:

JOHN DOE, CONSULATE GENERAL OF Z
SAN FRANCISCO, CA. (TDY)

9 FAM 403.9-5(C)  (U) Annotating B-1 Visas

(CT:VISA-184;   09-22-2016)

a. (U) Employees of Foreign Airlines:  When issuing a B-1 visa to an employee of a foreign airline who is precluded from E-1 classification pursuant to 9 FAM 402.2-5(E)(2), you must place the following notation in the annotation field of the MRV:

EMPLOYEE OF (Name of Airline)

b. (U) Domestic Employees:  When issuing a B-1 visa to a domestic employee of a nonimmigrant alien or of a U.S. citizen pursuant to 9 FAM 402.2-5(D), you must place the following notation in the annotation field of the MRV:

PERSONAL OR DOMESTIC EMPLOYEE OF NONIMMIGRANT APPLICANT (EMPLOYER’S NAME)

    or

PERSONAL OR DOMESTIC EMPLOYEE OF U.S. CITIZEN
(EMPLOYER’S NAME)

c.  (U) Visiting Ministers Engaged in Evangelical Tour:  When issuing a B-1 visa to a minister proceeding to the United States to engage in an evangelical tour who does not plan to take an appointment with any one church, and who will be supported by offerings contributed at each evangelical meeting pursuant to 9 FAM 402.2-5(C)(1), you must place the following notation in the annotation field of the MRV:

MINISTER OF RELIGION ON EVANGELICAL TOUR

d. (U) Peace Corps:  Posts must insert the designation “PEACE CORPS” in the annotation field of the MRV issued to an applicant who is proceeding to the United States under the Peace Corps Act (75 Statute 612).

e. (U) Persons Who Present a Letter Indicating They Need a Transportation Worker Identification Credential (TWIC):

(1)  (U) You must annotate the visas of persons who present letters indicating they require Transportation Worker Identification Credentials (TWIC) with “TWIC letter received” to assist the Transportation Security Administration (TSA) to adjudicate TWIC applications.  This annotation allows the bearer to apply for a TWIC in the United States, but it does not have any bearing on whether TSA will provide the applicant a TWIC. TSA conducts a full security threat assessment on each individual applicant, adjudicates the results, and makes an informed decision to grant or deny a TWIC based on a comprehensive enrollment.  Additionally, once presented with a TWIC, Maritime Transportation Security Act-regulated ports and facilities determine all access.  You should scan the TWIC letter into the CCD as part of the case record.  (See 9 FAM 403.9-5(C) paragraph e(2) below.)

(2)  (U) Transportation Worker Identification Credential (TWIC) Request Letter:

[Company Letter Head]

[Date]

United States Consulate

[Address]

RE:    Transportation Worker Identification Credential (TWIC) Annotated B-1 Visa

Dear Sir or Madam:

This letter is to confirm that [First & Last Name] is currently employed by [Company Name].  [His/Her] employment with us began on [Month, Day, Year].  [He/She] holds the position of [Position Name].  [Mr./Mrs./Ms.] [Last Name] is a citizen of [name of country].

[Mr./Mrs./Ms.] [Last Name] intends to perform service in secure port areas and is requesting a B-1 visa.  [His/Her] job involves tasks that require access to secure areas of a Maritime Transportation Security Act (MTSA) regulated vessel, facility, or outer continental shelf facility.  The duration of this work assignment is expected to be [number of days/weeks/months].  The specific port areas and/or vessels at which Mr./Mrs./Ms. [Last Name] will be working are [name of facility(ies)/vessel(s), City(ies), and State(s)].  Therefore, a “TWIC LETTER RECEIVED” annotated B-1 visa is requested.

Please contact me at [Phone Number] directly should your office require any further information.

Sincerely,

[Name]

[Company Name]

[Signature]

9 FAM 403.9-5(D)  (U) Annotating Academic (“F”) and Nonacademic (“M”) Student Visas

(CT:VISA-184;   09-22-2016)

a. (U) You must annotate all F and M visas with the name of the school that the applicant initially intends to attend in the United States.  The school’s name should be the same as that reflected in the student’s Form I-20, Certificate of Eligibility for Nonimmigrant (F-1) Student Status for Academic and Language Students, and the student’s SEVIS ID.  You should remember that an annotation identifying a school on an F or M visa does not restrict the visa holder from using that F or M visa to attend a different school subsequent to his or her initial entry into the United States.  In this case, the student must have a valid Form I-20 from the new school, and the new school must update his or her SEVIS record to reflect this.  On the other hand, if a student changes schools before his or her initial entry, subsequent to visa issuance, you must issue a new visa with the proper school annotation.

b. (U) School Not Yet Selected:  If an applicant is undecided about which school he or she will attend (see 9 FAM 402.5-5(R)(3), you must issue a B-2 visa with a notation reading:

PROSPECTIVE STUDENT
SCHOOL NOT YET SELECTED

c.  (U) Admission for School Entrance Examination or Interview:  If a prospective student is entering the United States for an admission interview or entrance examination (see 9 FAM 402.5-5(R)(3)), you must issue a B-2 visa with an annotation reading:

PROSPECTIVE STUDENT
ADMISSION INTERVIEW
          or
PROSPECTIVE STUDENT
SCHOOL ENTRANCE EXAMINATION

d. (U) Tourists Engaging in Short Study Course:

(1)  (U) For applicants whose primary purpose of travel is tourism, who, during their visits will incidentally engage in a short course of study, you must annotate the visa to read:

STUDY INCIDENTAL TO VISIT Form I-20,
Certificate of Eligibility for Nonimmigrant (F-1) Student Status for Academic and Language Students NOT REQUIRED

(2)  (U) You must limit the number of entries to those required for participation in the specific tour-study program.  (See 9 FAM 402.2-4(A) paragraph (6).)

9 FAM 403.9-5(E)  (U) Annotating “J” Visas-Exchange Visitors

(CT:VISA-184;   09-22-2016)

a. (U) Inserting Program Number on Visa:  You must annotate J-visas with the name and number of the exchange visitor program in which the visa applicant is participating, and the participant’s SEVIS ID.  In most cases the validity of the J-visa should correspond with the length of the program.  A visitor may not use any single J-visa for a program other than that specified on the annotation, even when that J-visa has not yet expired.

b. (U) Agency for International Development (AID) Grantees:  On every visa issued under AID Program G-2-0263, including the visas of family members of the principal applicant, you must place the following notation in the annotation field of the MRV:

SPONSORED BY AGENCY FOR INTERNATIONAL DEVELOPMENT (AID),
DEPARTMENT OF STATE

c.  (U) Annotation Regarding Foreign Residence Requirement:

(1)  (U) Posts must place the following notation on each “J” visa issued:

BEARER IS SUBJECT TO SECTION 212(e).
TWO YEAR RULE DOES APPLY (Name of country)

      or

BEARER IS NOT SUBJECT TO SECTION 212(e).
TWO YEAR RULE DOES NOT APPLY (Name of country)

(2)  (U) After the word “apply,” you must annotate the name of the country that would satisfy the two-year residence and physical presence requirement if applicable.  The country will in most instances be that which issued the applicant’s passport.

9 FAM 403.9-5(F)  (U) Annotations of Visas Requiring Petitions

(CT:VISA-184;   09-22-2016)

a. (U) For visas which require petitions, posts must enter the following in the petition screen:

(1)  (U) Petitioner’s name;

(2)  (U) Approved petition number;

(3)  (U) Visa classification; and

(4)  (U) Expiration date of the petition.

b. (U) The name of the principal applicant should appear in the annotation field on the visa of each family member who is deriving status from the principal.  For example:

P.A.:  JOHN DOE
PET. NAME:  HEALTHY LIFE, INC.  PET. NO. LIN9517750446
PET. EXP. DATE:  04 MAY 1996

c.  (U) For the annotation requirements for Individual L visas please see 9 FAM 402.12-7(D) and 9 FAM 402.12-8(F) for Blanket L visas. 

d. (U) If you limit the validity of an H, L, O, P, or Q visa to less than the period of validity on the petition or authorized extension of stay, you must also enter the following in the annotation field:

(PETITION VALID/STAY AUTHORIZED) (as applicable)

TO:  DATE

    (See 9 FAM 402.12-17(B) and 9 FAM 402.13-10(H).)

9 FAM 403.9-5(G)  (U) Annotations Related to Grounds of Ineligibility Overcome and Waivers of Ineligibility

(CT:VISA-184;   09-22-2016)

a. (U) Overcoming a Ground of Ineligibility:

(1)  (U) When issuing a visa to an applicant who has overcome a refusal or quasi-refusal under an INA 212(a) ground of ineligibility, you must enter the following notation in the annotation field:

CLASS (code for specific ground of refusal) OVERCOME;
Clearance received (date):  Reference CCD Notes

(2)  (U) You should make the notation even if you have requested a deletion from CLASS or the Department has notified you that it will make a CLASS deletion.  (See 9 FAM 303.3-4(D).)

b. (U) 222(G) Exemption:  You should annotate nonimmigrant visas (NIVs) issued to aliens exempted from INA 222(g):

“INA Section 222(g) overcome under extraordinary circumstances”.

c.  (U) Annotation in INA 212(d)(3)(A) Waiver Cases:

(1)  (U) You must annotate visas to reflect instances in which applicants have had grounds of ineligibility either overcome or waived.  Your failure to annotate the visa properly can cause extreme hardship for the alien traveler.

(2)  (U) When the Department of Homeland Security (DHS) waives a ground of exclusion under INA 212(d)(3)(A), you must enter the notation “212(d)(3)(A)” in the annotation field followed by the number of the paragraph of INA 212(a) that has been waived.  You should annotate the duration of stay authorized, the POE (if applicable), and an indication of the purpose of the visit, as follows:

212(D)(3)(A):  (6)(C) 4 WEEKS-N.Y., N.Y.
CONFERENCE:  HAPPY MOTORING COMPANY

(3)  (U) If DHS grants a waiver for multiple entries, a notation of the initial POE is sufficient, if specified in the waiver order.  In addition, you must ensure that the visa’s period of validity does not exceed that of the waiver.

d. (U) Permission Required by Department of Homeland Security (DHS) Washington District Office for Itinerary Changes or Extension of Stay:

     If DHS or the Department notifies you that the Washington District Office must grant permission for any change in itinerary or extension of stay, you must insert the abbreviation “WAS” in the annotation field on the machine readable visa (MRV) regarding the INA 212(d)(3)(A) authorization.  For example:

212(3)(A):(9)(6)(C)  WAS-4 MONTHS  NEW YORK, N.Y.
CONFERENCE HAPPY MOTORING COMPANY

e. (U) Number of Entities and/or Period of Validity Authorized by Waiver Exceeds Reciprocity:  If DHS grants a waiver for more entries or a longer period than the appropriate visa reciprocity schedule specifies, posts must issue the visa only up to full validity, the number of entries and validity period listed in the reciprocity schedule on CAWeb.  You may issue subsequent visas in such cases until the waiver period has expired.

f.  (U) Alien Previously Deported or Removed:  If DHS has granted consent to reapply for admission after the exclusion or deportation of an alien, you must insert the following notations in the annotation field:

INA 212(a)(9)(A) or INA 212(a)(9)(B)

      as applicable, and

PERMISSION TO REAPPLY FOR ADMISSION GRANTED.

g. (U) Annotating Visas for Medical Reasons:

(1)  (U) For All Nonimmigrant Visas (NIV) Except V Visas:  In the following cases, you should annotate the nonimmigrant visa (NIV) as indicated when the medical examination discloses a:

(a)  (U) Class A tubercular or other condition and a INA 212(d)(3)(A) waiver has been granted:

“MED:  Class A:  212(d)(3)(A)”; or

(b)  (U) Class B tubercular conditions or Class B leprosy, non-infectious:

“MED:  Class B”.

(2)  (U) For Nonimmigrant V Visas - Tubercular Cases:  In the following cases, you should annotate the nonimmigrant visa (NIV) as indicated when the medical examination discloses a:

(a)  (U) Class A tubercular or other condition and a INA 212(d)(3)(A) waiver has been granted:

“MED:  Class A:  DD-MM-YY (date of visa issuance)

212(d)(3)(A):  (a)(1)(A)(i)

___________________ (port of entry)”; or

(b)  (U) Class B tubercular conditions (but not for any other Class B conditions):

“MED:  Class B (TB):  DD-MM-YY (date of visa issuance)”

9 FAM 403.9-5(H)  (U) Annotations Related to Consular Lookout and Support System (CLASS) Hits and Grounds of Ineligibility Overcome

(CT:VISA-184;   09-22-2016)

a. (U) Consular Lookout and Support System (CLASS) Hits:  You may annotate visas for persons whom the Department has cleared of exact matches for a CLASS hit, “NOT SAME AS CLASS ENTRY – see case notes.” This annotation is optional and is based on your judgment.  You need not specify the CLASS lookout code.  You should enter any notes that would help clarify the annotation into the CCD.

b. (U) Overcoming a Ground of Ineligibility:

(1)  (U) When issuing a visa to an applicant who has overcome a refusal or quasi-refusal under an INA 212(a) ground of ineligibility, you must enter the following notation in the annotation field:

      CLASS (code for specific ground of refusal) OVERCOME;
Clearance received (date):  Reference CCD Notes

(2)  (U) You should make the notation even if you have requested a deletion from CLASS or the Department has notified you that it will make a CLASS deletion.  (See 9 FAM 604.1, Automated Visa Systems.)

c.  (U) Purpose and Duration of Stay When Validity is Limited:

(1)  (U) In general, you should issue maximum-validity visas.  (See 9 FAM 403.9-4(B).)

(2)  (U) When the validity of a visa is limited, you must annotate the visa indicating the applicant’s purpose of travel and period of intended stay in the United States.  For example:

VISIT UNCLE IN SAN FRANCISCO - 3 WEEKS

(3)  (U) A visa may be annotated in any case when you determine that the applicant is only nonimmigrant for the purpose of the particular visit for which the visa is issued.  You may limit the visa validity in accordance with the guidelines in 9 FAM 403.9-4(C) above.  Such notations will materially assist DHS inspectors at POEs as well as at the domestic offices of DHS and are encouraged.  However, you may not enter negative notations such as:

      “NO ADJUSTMENT OF STATUS or EXTENSION OF STAY RECOMMENDED.”

      which questions the visa recipient’s veracity and/or tend to tell DHS what to do or what not to do in a given case.  Under no circumstances should an annotation prohibit activity in the United States which would be permitted under the visa category, or prohibit the alien from seeking an extension or adjustment of status.  These questions are appropriately the responsibility of immigration inspectors and the DHS.

d. (U) Maintenance of Status and Departure Bond:  In cases where a maintenance of status and departure bond has been posted, (see 9 FAM 403.10-4(D)) place the following in the annotation field of the MRV:

INA 221(g) BOND, A-(NUMBER ASSIGNED BY Department of Homeland Security (DHS)
(LOCATION OF Department of Homeland Security (DHS)  OFFICE ACCEPTING BOND)

e. (U) Nationals of Certain Countries Restricted to Designated Ports of Entry (POEs):  If a visa recipient is restricted to a designated port or ports of entry and/or exit, you should indicate the port(s) in the 88-character field under the “Annotation section” on the MRV.  If there is insufficient space to list the number of ports, you should annotate the visa to reflect the page on the reciprocity schedule that lists the ports of entry and/or exit for that country.  (For port(s) of entry and/or exit, see the listing for the country concerned on the Visa Reciprocity Schedule on CAWeb.)

9 FAM 403.9-6  (U) The Machine Readable Visa (MRV)

9 FAM 403.9-6(A)  (U) Information About the Machine Readable Visa (MRV)

(CT:VISA-184;   09-22-2016)

a. (U) The information on the MRV is printed on an adhesive foil and consists of five sections that:

(1)  (U) Reflect the applicant’s biographic data;

(2)  (U) Contain information about the visa itself (visa type, number of entries, date of issuance, and date of expiration);

(3)  (U) Show the 88-character field used for annotating additional information about the recipient, when necessary; (e.g., annotation of a petition number, SEVIS number, etc.);

(4)  (U) Display a digitized photo of the visa recipient; and

(5)  (U) Contain a machine-readable zone (MRZ) consisting of two lines of highly sensitive coded data.  Scanners connected to authorized computer networks can read the data located in the MRZ and instantly recall records associated with the MRV.  Damage to either line may prevent the scanner from reading the data, requiring manual data-entry before processing, which could lead to delays at ports of entry.  You should instruct MRV recipients to take care with their MRVs, avoiding folding the foil, and preventing contact between the foil and objects that could damage it, such as paper clips, staples, etc.

b. (U) Separate Machine Readable Visa (MRV) for Each Applicant:  You must issue a separate MRV to each qualified applicant, even when the same passport includes multiple applicants.  Therefore, a passport must contain at least one unmarked page for each visa issued.  When possible, the page opposite the visa-ed page should also remain unmarked.  This will provide space for the Customs and Border Protection (CBP) officer at the POE to annotate and/or stamp the applicant’s passport at the time CBP admits the applicant into the United States.

c. (U) Example of Machine Readable Visa: 

Title: Lincoln Machine Readable Visa - Description: Lincoln Machine Readable Visa

9 FAM 403.9-6(B)  (U) Placement of a Machine Readable Visa (MRV) in a Passport or on a DS-232

(CT:VISA-184;   09-22-2016)

a. (U) Placement of a Machine Readable Visa (MRV) in a Passport:  You must place an MRV as close as possible to the bottom and left sides of the passport page to optimize MRV reader performance.

b. (U) Placing a Machine Readable Visa (MRV) on Form DS-232: Unrecognized Passport or Waiver Cases:

(1)  (U) You must place the MRV on Form DS-232 in those instances in which the applicant does not possess and cannot readily obtain a valid passport.

(2)  (U) The bottom part of the MRV should be placed as close as possible to the lower right corner on the Form DS-232, Unrecognized Passport or Waiver Cases (see 9 FAM 403.9-3(D) above).  Placing the MRV at this location will help optimize MRV reader performance.  You should carefully fold the Form DS-232 before you insert it into a passport, in order to prevent the MRV itself from being creased or folded.

(3)  (U) Since the MRV contains a photograph of the visa recipient, you do not have to place an additional photo of the applicant on Form DS-232.

c.  (U) Sample Form DS-232:

       

Title: Form DS-232 Unrecognized Passport or Waiver Cases - Description: Form DS-232 Unrecognized Passport or Waiver Cases

d. (U) Scanning the Machine Readable Visa (MRV):

(1)  (U) After the MRV has been placed in the travel document, you should perform quality assurance (QA) on the visa to ensure that the coded data are error-free.  You should take the following steps in scanning an MRV:

(a)  (U) You should place the visa-ed page face down on the left side of the QA reader with the coded data lined up against the border guide;

(b)  (U) You should then pass only the page containing the visa through the reader; and

(c)  (U) You should then swipe the passport manually toward the reader’s opening, from left to right.

(2)  (U) The QA reader will feed the passport through the reader while you hold the passport.  If the coded data are error-free, the reader will display a green light.  If a red light appears, this indicates an error in the visa that you must correct before returning the passport to its owner.

9 FAM 403.9-7  (U) Reporting Issued Visas as Lost or Stolen

(CT:VISA-234;   10-27-2016)

a. Unavailable

b. Unavailable

c.  Unavailable

d. Unavailable

e. Unavailable

f.  Unavailable

g. Unavailable

h. Unavailable

i.  Unavailable

j.  Unavailable

k. (U) If there are fraud indicators, the case should also be referred to post’s FPU.

l.  (U) Refer to 9 FAM 504.10-5(A) for additional information on reporting LASP immigrant visas and boarding foils.