US Code

Public Law 119-73 (01/23/2026)

8 U.S.C. § 1351

Nonimmigrant visa fees

Provided,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: 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. 47766 Stat. 230Pub. L. 89–236, § 1479 Stat. 919Pub. L. 90–609, § 182 Stat. 1199Pub. L. 105–54, § 2(a)111 Stat. 1175(, title II, ch. 9, § 281, ; , , ; , , ; , , .)

Editorial Notes

References in Text

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

Amendments

Pub. L. 105–541997— 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.”

Pub. L. 90–6091968— 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.

Pub. L. 89–236, § 14(a)section 1154 of this title1965—Subsec. (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 for sections 1154(b) and 1155(b) of this title in par. (6).

Pub. L. 89–236, § 14(c)Subsec. (b). , added subsec. (b).

Pub. L. 89–236, § 14(d)Subsec. (c). , designated closing provision consisting of the paragraph beginning “The fees for the furnishing” as subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date of 1997 Amendment

Pub. L. 105–54, § 2(b)111 Stat. 1175

“The amendment made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [].”
, , , provided that:

Effective Date of 1965 Amendment

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

Surcharge for Processing Machine-Readable Nonimmigrant Visas

Pub. L. 113–160, § 2128 Stat. 1853

“(a)

In General .—

Public Law 103–2368 U.S.C. 1351Notwithstanding any other provision of law, the Secretary of State, not later than , shall increase the fee or surcharge authorized under section 140(a) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (; note) by $1.00 for processing machine-readable nonimmigrant visas and machine-readable combined border crossing identification cards and nonimmigrant visas.
“(b)

Deposit of Amounts .—

Public Law 103–2368 U.S.C. 1351Notwithstanding section 140(a)(2) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (; note), the additional amount collected pursuant [to] the fee increase authorized under subsection (a) shall be deposited in the general fund of the Treasury.
“(c)

Sunset Provision .—

The fee increase authorized under subsection (a) shall terminate on the date that is 5.5 years after the first date on which such increased fee is collected.”
, , , provided that:

Similar provisions were contained in the following prior appropriations acts:

Pub. L. 113–42, § 2127 Stat. 552, , .

Pub. L. 110–457, title II, § 239122 Stat. 5085, , .

Pub. L. 110–293, title V, § 501122 Stat. 2968, , .

Pub. L. 107–77, title IV115 Stat. 783, , .

Pub. L. 106–553, § 1(a)(2) [title IV]114 Stat. 2762, , , 2762A–90.

Pub. L. 106–113, div. B, § 1000(a)(1) [title IV]113 Stat. 1535, , , 1501A–39.

Pub. L. 105–277, div. A, § 101(b) [title IV]112 Stat. 2681–50, , , 2681–93.

Pub. L. 105–119, title IV111 Stat. 2494, , .

Pub. L. 105–46, § 116111 Stat. 1157, , .

Pub. L. 104–208, div. A, title I, § 101(a) [title IV]110 Stat. 3009, , , 3009–46.

Pub. L. 104–134, title I, § 101[(a)]110 Stat. 1321Pub. L. 104–140, § 1(a)110 Stat. 1327 [title IV], , , 1321–36; renumbered title I, , , .

Pub. L. 105–277, div. A, § 101(b) [title IV, § 410(a)]112 Stat. 2681–50

“(1)
(A)
8 U.S.C. 1101(a)(15)(B) 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 [], 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 []; or
“(ii)
the date on which the Secretary sets the amount of the fee or surcharge in accordance with paragraph (3).
“(2)
(A)
8 U.S.C. 1101(a)(15)(B) 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 [] 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)
Public Law 103–2368 U.S.C. 1351 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 (; 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.”
, , , 1681–102, provided that:

Pub. L. 106–113, div. B, § 1000(a)(1) [title IV, § 404]113 Stat. 1535

Public Law 105–277“Beginning in fiscal year 2000 and thereafter, section 410(a) of the Department of State and Related Agencies Appropriations Act, 1999, as included in [set out above], shall be in effect.”
[, , , 1501A–45, provided that: ]

section 1551 of this title[For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under .]

Pub. L. 103–236, title I, § 140(a)108 Stat. 399Pub. L. 103–415, § 1(bb)108 Stat. 4302Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title II, § 231]113 Stat. 1536Pub. L. 107–173, title I, § 103(a)116 Stat. 547Pub. L. 107–228, div. A, title II, § 234116 Stat. 1373

“(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)
22 U.S.C. 2706 For the fiscal year 2003, any amount that exceeds $460,000,000 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 [].”
, , , as amended by , , ; , , , 1501A–425; , , ; , , , provided that:

section 140(a) of Pub. L. 103–236Provisions directing the continuing effect for specific periods of authorities provided under , set out above, were contained in the following appropriation acts:

Pub. L. 104–92, title I, § 112110 Stat. 18, , .

Pub. L. 104–56, title I, § 118109 Stat. 552, , .

Pub. L. 104–54, title I, § 118109 Stat. 544, , .

Pub. L. 104–31, § 119109 Stat. 281, , .