a principal alien, the name and position of the principal alien shall be written below the lower margin of the visa stamp.

(e) Period of validity. If a nonimmigrant visa is issued for an unlimited number of applications for admission within the period of validity, the word "Multiple" shall be inserted in the space Otherwise provided in the visa stamp.

the appropriate number in word form shall be inserted. The date of issuance and the date of expiration of the visa shall be inserted at the proper places in the visa stamp and shall show the day, month, and year in that order, the name of the month being spelled out, as "24 December 1952".

(f) Restriction to specified port of entry. If a nonimmigrant visa is to be valid for admission only at a specified port or ports of entry the name or names of such port or ports shall be entered immediately below the expiration date of the visa and shall be preceded by the word "at".

(g) Notation regarding issuance of visa without fee. If no fee is prescribed for the issuance of a nonimmigrant visa, the word "Gratis" shall be stamped or written in the lower left corner of the visa stamp.

(h) Signature and seal. The consular officer who issues a nonimmigrant visa shall affix his signature, indicate his title in the visa stamp and impress the seal of his office in the lower left corner of the stamp.

(i) Delivery of visa and disposition of Form FS-257. In issuing a nonimmigrant visa the consular officer shall deliver the visaed passport, or the form prescribed by the Department which bears the visa, to the alien or to his authorized representative in any case in which personal appearance has been waived. The executed Form FS-257 and any additional statements furnished by the alien in accordance with § 41.115 (b) shall be retained in the consular files.

(j) Disposition of supporting documents. When issuing a nonimmigrant visa to an alien, the consular officer shall give to the alien for presentation to the immigration authorities at the port of entry the original of all supporting documents furnished or obtained by the alien. A duplicate copy of each such document

may be retained at the consular office in the discretion of the consular officer or returned to the alien. If the duplicate is returned to the visa recipient an appropriate notation to that effect shall be made on the reverse of Form FS-257.

(k) Replacement of erroneously issued visas. A nonimmigrant visa, once issued and signed may not be amended or altered except as provided in § 41.126 (c). A visa erroneously issued in relation to any item appearing in the visa stamp shall be cancelled and replaced by a corrected visa. No fee shall be charged for a visa so replaced unless an incorrect fee was originally charged. The procedure prescribed by § 41.126 (b) shall be followed except that the word "Corrected" shall be inserted on the upper margin of the visa stamp in place of the word "Transferred". The procedure described in this paragraph may not be used to include additional persons in the visa. (For regulations regarding the revocation or invalidation of a visa see § 41.134.) [Dept. Reg. 108.411, 24 F.R. 6678, Aug. 18, 1959; 24 F.R. 6943, Aug. 27, 1959, as amended by Dept. Reg. 108.422, 24 F.R. 11083, Dec. 31, 1959; Dept. Reg. 108.481, 27 F.R. 5865, June 21, 1962; Dept. Reg. 108.504, 29 F.R. 2783, Feb. 28, 1964]

§ 41.125 Revalidation of visas.

(a) Conditions for revalidation. A nonimmigrant visa may, in the discretion of the consular officer, be revalidated for the period or periods specified under paragraphs (c) and (d) of this section in the same classification at any visa-issuing office if (1) the alien's nationality is the same, (2) the visa is about to expire or has expired, or has become invalid by reason of having been used for the number of applications for admission specified therein, (3) the application for revalidation is made within one year of the date of expiration of the original visa or any revalidation thereof, and (4) the consular officer is satisfied that the alien is a bona fide nonimmigrant and is otherwise eligible to receive a nonimmigrant visa.

(b) Waiver of personal appearance. Except as indicated in paragraph (d) of this section, the consular officer may, in his discretion, waive the personal appearance of an alien who is an applicant for revalidation of his visa.

(c) Period for which visa may be revalidated. A nonimmigrant visa issued under the provisions of section 101(a) (15) (B) of the Act may, in the discretion of the consular officer, be revalidated any number of times for the period and number of applications for admission prescribed by the Secretary of State. Except for the special provisions relating to the revalidation of crewmen visas set out in paragraph (d) of this section, a nonimmigrant visa issued under any section of the Act other than section 101(a) (15) (B) shall not be revalidated for a period which would extend its validity for more than forty-eight months from the date of original issuance.

(d) Revalidation of visas for crewmen-(1) Airmen. If the requirements of paragraph (a) of this section are met, a nonimmigrant visa issued under the provisions of section 101(a) (15) (D) of the Act to an airman may be revalidated any number of times for the period and number of applications for admission prescribed by the Secretary of State provided that (i) the application for revalidation is supported by a letter from the employing carrier certifying that the applicant is employed as an airman, or (ii) if the applicant is not employed at the time of application for revalidation, he appears in person in connection with his application and presents satisfactory evidence that he continues to be a bona fide airman.

(2) Seamen. If the requirements of paragraph (a) of this section are met, a nonimmigrant visa issued under the provisions of section 101(a) (15) (D) of the Act to a seaman may be revalidated any number of times for the period and number of applications for admission prescribed by the Secretary of State provided that (i) the application for revalidation is supported by a letter from the employing carrier certifying that the applicant is employed as a seaman and that he is in possession of a valid alien crewman landing permit and identification card (Form I-184) issued by the Immigration and Naturalization Service, or (ii) if the applicant is not employed at the time of application for revalidation, he appears in person in connection with his application and submits satisfactory evidence that he continues to be a bona fide seaman.

(3) Crewmen in transit. A nonimmigrant visa issued under the provisions of section 101 (a) (15) (C) of the Act to an airman or seaman who is being issued, or is in possession of, an individual D visa, may be revalidated any number of times for the period and number of applications for admission prescribed by the Secretary of State if the conditions set out in paragraph (a) of this section and in subparagraphs (1) and (2) of this paragraph are met.

(e) Procedure for revalidation. In revalidating a nonimmigrant visa, the consular officer shall follow the procedure prescribed in § 41.124, except that a new Form FS-257 shall not be required. The visa stamp shall be placed in the alien's passport and all pertinent data contained in the original visa shall be transferred to the revalidated visa. The word "REVALIDATED" shall be inserted on the upper margin of the visa stamp. An appropriate notation of the revalidation shall be made on the reverse of Form FS-257 on file at the original visa-issuing office. If the visa is revalidated at an office other than the one which issued the original visa, the office of original issuance shall be appropriately notified.

(f) Fee for revalidation. The fee for the revalidation of a nonimmigrant visa shall be that prescribed for the issuance of such a visa, if any, except that when the visa was issued valid for a lesser number of applications for admission or for a period of validity less than the maximum permitted by reciprocity it may be revalidated for the remaining number of applications for admission and validity permitted without the payment of an additional fee.

[Dept. Reg. 108.488, 28 F.R. 275, Jan. 10, 1963; 28 F.R. 367, Jan. 15, 1963, as amended by Dept. Reg. 108.495, 28 F.R. 5376, May 30, 1963]

§ 41.126 Transfer of visas.

(a) Conditions for transfer. Upon the request of the bearer a valid nonimmigrant visa may be transferred from one travel document to a different travel document which is valid for the required period if he is found eligible to receive such a visa, except in a case in which the travel document containing the original visa has been lost or stolen. A visa may be transferred only if the new pass

port indicates that the alien has the same nationality he had when the visa was issued.

(b) Procedure for transfer. A formal application for the transfer of a nonimmigrant visa from one passport to another shall not be required, and the consular officer may, in his discretion, waive the personal appearance of the alien. The issuance of a transferred visa shall, except as provided in § 41.124(b), be evidenced by placing the visa stamp with all of the original data in the alien's passport. The transferred visa shall be valid for the same period as the original visa and for the number of applications for admission remaining as of the date of the transfer. The word "Transferred" shall be inserted on the upper margin of the visa stamp. An appropriate notation of the transfer shall be made on the reverse of Form FS-257 on file at the original visa-issuing office. If the visa is transferred at an office other than the one which issued the original visa, the office of original issuance shall be appropriately notified.

(c) Cancellation of visa in old passport. Upon transfer of a visa to a new travel document the visa issued in the original passport shall be canceled, unless the passport has been surrendered to the issuing authority, except that where the visa is being transferred for only one of several persons included in it, only the name of that person shall be stricken from the visa originally issued.

(d) Fee for transfer. No fee shall be charged for the transfer of a valid nonimmigrant visa.

[Dept. Reg. 108, 411, 24 F.R. 6690, Aug. 18, 1959, as amended by Dept. Reg. 108.469, 26 F.R. 6441, July 18, 1961]

§ 41.127 Crew-list visas.

(a) Definition. A crew-list visa is a nonimmigrant visa issued on a manifest of crewmembers of a vessel or aircraft which includes all aliens listed in the manifest unless otherwise stated.

(b) Application. (1) A list of all alien crewmen who are serving on board a vessel or aircraft which is proceeding to the United States and who are not in possession of valid individual entry documents shall be submitted, in duplicate, to a consular officer on Immigration and Naturalization Service Form I-418 (Crew List) or such other forms as may be prescribed. In lieu of a manifest on Form I-418, the manifest of

alien crewmen serving on board an aircraft may be submitted on the International Civil Aviation Organization (ICAO) manifest, or on Customs Form 7507 (General Declaration) whenever the number of crewmen does not exceed the number which can be listed on the form. In cases of alien seamen serving on vessels, the duplicate copy of Form I-418 shall contain in column (4) the date, city and country of birth of each alien seaman listed who does not have in his possession a valid individual visa or an Immigration and Naturalization Service Form I-151 and, in column (5), the place of issuance and the authority issuing the passport held by such alien seaman. The reporting requirements contained herein have been approved by the Bureau of the Budget in accordance with the Federal Reports Act of 1942.

(2) The submission of the crew list together with such other information as the consular officer may deem necessary to determine the eligibility of an individual crewman to be included in the crewlist visa shall be considered the formal application for a crew-list visa. No other application form shall be required.

(3) The manifest should list separately, in alphabetical order, those alien crewmen who are to be considered for inclusion in a crew-list visa. If not so separately listed, the consular officer may require a separate alphabetical listing if such action can be taken without unduly delaying the departure of the vessel or aircraft.

(4) If a vessel or aircraft destined to the United States cannot call at a port or place at which a consular officer is stationed, the crew list shall be submitted for visaing by mail or by other means to a consular officer stationed at a port or place nearest to the vessel's port of call.

(c) Fee. A fee of two dollars shall be charged for the visaing of any crew list (Tariff of Fees, Foreign Service of the United States of America), except that no fees shall be charged for a crewlist visa issued in the case of an American vessel (§ 22.1 of this chapter) or for the issuance of a supplemental crew-list visa in the case of any vessel or aircraft. CROSS REFERENCE: For regulations regarding fee notation see § 41.124(g).

(d) Validity. A crew-list visa shall be valid for a period of six months from the date of issuance and for a single application for admission into the United States.

(e) Procedure in issuing. (1) In issuing a crew-list visa the regular nonimmigrant visa stamp as prescribed in § 41.124 (c) shall be placed on the last page of the manifest immediately following the last name listed.

(2) The symbol “D” shall be inserted in the space provided in the visa stamp. (3) The name of the vessel or identifying data regarding the aircraft shall be entered in the space provided for the name of the visa recipient.

(4) The consular officer shall sign the visa, indicate his title, and impress the seal of his office on the visa stamp. The impression seal shall also be placed in the lower right corner of all pages of the crew list other than the page on which the visa stamp appears.

(5) In issuing a crew-list visa, the consular officer shall deliver the original of the crew list to the master of the vessel or commanding officer of the aircraft or to the authorized agent of such master or officer for presentation to the immigration officer at the first port of arrival in the United States. The duplicate copy of the crew list shall be retained for the consular files and shall show the date of issuance of the crewlist visa. (For regulations regarding exclusion from and refusal of crew-list visas see § 41.132(a).)

CROSS REFERENCE: For regulations regarding exclusion from and refusal of crew-list visas see § 41.132 (a).

(1)

(f) Supplemental crew-list visa. A supplemental crew-list visa shall be obtained at the consular office at which the crew-list visa was issued or at the consular office nearest the vessel's subsequent place of call to cover any additional crewmen signed on after the issuance of the crew-list visa unless such crewman is in possession of a valid individual entry document.

(2) If an additional crewman takes the place of another crewman whose name was previously included in the crew-list visa the substitution shall be indicated in the supplemental crew list presented for visaing.

[Dept. Reg. 108.411, 24 F.R. 6690, Aug. 18, 1959, as amended by Dept. Reg. 108.469, 26 F.R. 6441, July 18, 1961; Dept. Reg. 108.481, 27 F.R. 5865, June 21, 1962]

(a) Refusal procedure. If a consular officer knows or has reason to believe that an alien is ineligible to receive a visa on grounds of ineligibility which cannot be overcome by the presentation of additional evidence, Form FS-257, if practicable, shall be executed before the refusal is recorded. If the alien fails to execute a visa application, after being informed of a ground of ineligibility to receive a nonimmigrant visa, the visa Ishall be considered refused. The consular officer shall then insert the pertinent data on Form FS-257 with the reasons for the refusal and the form shall be filed in the consular office. In all cases the applicant shall be informed of the provision of law, or regulations issued thereunder, upon which the refusal is based. When refusing a nonimmigrant visa the consular officer may return the original of all supporting documents furnished by the alien with his application. The duplicate of each document upon which the refusal is based and the duplicate of each document which indicates a possible ground of ineligibility to receive a visa, whether or not related to the ground of refusal, shall be retained at the consular office with the memorandum of refusal. Duplicates of other documents may be returned to the alien in the consular officer's discretion.

(b) Review of refusals at consular offices. If the grounds of ineligibility upon which the visa was refused cannot be overcome by the presentation of additional evidence, the principal consular officer at a post or an alternate whom he may specifically designate, shall review the case of an applicant who has been refused a visa and shall record his decision over his signature and the date on a form prescribed by the Department. If the grounds of ineligibility may be overcome by the presentation of additional evidence, and if the applicant has indicated that he intends to obtain such evidence, a review of the refusal may be deferred for a period not to exceed 120 days. If the principal consular officer, or his alternate, does not concur in

the refusal, he shall (1) refer the case to the Department for an advisory opinion or (2) assume responsibility for the case himself.

(c) Review of refusals by Department. The Department may request a consular officer in an individual case or in specified classes of cases to submit a report if a nonimmigrant visa has been refused. The Department will review such reports and may furnish an advisory opinion to the consular officer for his assistance in giving further consideration to such cases. If upon the receipt of the Department's advisory opinion the consular officer contemplates taking action contrary to the advisory opinion, the case shall be resubmitted to the Department with an explanation of the proposed action. Rulings of the Department concerning an interpretation of law, as distinguished from an application of the law to the facts, shall be binding upon consular officers.

[Dept. Reg. 108.491, 28 F.R. 2309, Mar. 9, 1963]

§ 41.132

Exclusion from and refusal of crew-list visas.

(a) Exclusion from crew-list visa. A consular officer who knows or has reason to believe that a crew list submitted for a visa contains the name of a person who is not a bona fide crewman, or who is otherwise ineligible to receive an individual visa as a crewman, shall exclude the name of any such crew member from the crew-list visa. In excluding a crewman's name from a crew-list visa, the consular officer shall place a notation below the visa stamp indicating the name of each crewman so excluded. A consular officer shall not strike a crewman's name from a crew list.

(b) Refusal of crew-list visa. A crewlist visa is refused if all aliens listed on the crew list are found by the consular officer not to be bona fide crewmen or otherwise ineligible to receive individual visas as crewmen. When a crew-list visa is refused in any case, a full report shall be forwarded by the consular officer to the Department in sufficient time to be received before the arrival of the vessel or aircraft at a port of entry. In such a case the original of the crew list shall be returned to the master, commanding officer or authorized agent and the duplicate shall be filed in the consular office. (Sec. 221, 66 Stat. 191; 8 U.S.C. 1201) [Dept. Reg. 108.422, 24 F.R. 11083, Dec. 31, 1959]

§ 41.134 Revocation and invalidation of visas.

(a) Grounds for revocation. A consular officer is authorized to revoke ab initio a nonimigrant visa under the following circumstances:

(1) The consular officer knows, or after investigation is satisfied, that the visa was procured by fraud, a willfully false or misleading representation, the willful concealment of a material fact, or other unlawful means; or

(2) The consular officer obtains information establishing that the alien was otherwise ineligible to receive the visa at the time of issuance.

(b) Grounds for invalidation. A consular officer is authorized to invalidate at any time a nonimmigrant visa in any case in which he finds that the alien has become ineligible for such visa. The invalidation shall terminate the validity of the visa on the date of such invalidation.

(c) Notice of proposed revocation. The bearer of a nonimmigrant visa which is being considered for revocation or invalidation shall, if practicable, be notified of the consular officer's intention to revoke his visa, be given an opportunity to show why the visa should not be revoked or invalidated, and shall be requested to present his travel document containing the visa to the consular office indicated in the notification of proposed cancellation.

(d) Procedure in revoking or invalidating visa. A nonimmigrant visa which is revoked or invalidated shall be canceled by writing the word "Revoked" or "Invalidated", whichever is applicable, plainly across the face of the visa. The cancellation shall be dated and signed by the consular officer taking the action. The failure of an alien to present his visa for cancellation shall not affect the validity of any action taken to revoke or invalidate such visa. A nonimmigrant visa may be revoked or invalidated regardless of the fact that the alien may be in the United States at the time such action is taken.

(e) Notice to carriers. Notice of revocation or invalidation shall be given to the master, commanding officer, agent, owner, charterer, or consignee of the carrier or transportation line on which it is believed the alien intends to travel to the United States, unless the visa has been canceled as provided in paragraph (d) of this section.