The US State Department has issued a cable to all consular posts giving those posts the authority to waive visa application and issuance fees for nonimmigrants coming to the US to work for charitable organizations performing work for the poor and needy. The cable cites P.L. 105-54, legislation recently signed into law by President Clinton.
According to the State Department, the person seeking a fee waiver should be coming to the US principally to perform this charitable work. Fee waivers should be made in writing by the organization seeking the alien’s services. The visa fee and any reciprocal fees can be waived under the new law. Until the State Department issues regulations or amends the Foreign Affairs Manual, when such a request is received, consular officers are instructed to seek an advisory opinion from Department of State Headquarters.
Organizations requesting this type of waiver should be prepared to submit information on the following:
- Whether and why the fees constitute an undue burden
- In what charitable functions the alien is expected to engage and for how long
- The location of the charitable activities
- If a US organization, whether it has tax-exempt status in the US as a non-profit organization
- If a foreign organization, whether it is recognized locally or nationally as a charitable organization.
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