9 FAM 504.6
(U) Collection of Immigrant Visa Fees
(Office of Origin: CA/VO)
9 fam 504.6-1 (U) statutory and regulatory Authorities
9 FAM 504.6-1(A) (U) Immigration and Nationality Act
(U) INA 101(a)(16) (8 U.S.C. 1101(a)(16)); INA 221(a) (8 U.S.C. 1201(a)).
9 FAM 504.6-1(B) (U) Code of Federal Regulations
(U) 3 CFR 382; 22 CFR 22.1, 22 CFR 42.71, 22 CFR 42.74, 22 CFR 42.81(e).
9 FAM 504.6-2 (U) Schedule of Fees
(U) The Secretary of State has prescribed a fee for the processing and issuance of the immigrant visa. An additional application fee is charged for persons selected for the Diversity Program. The fees are specified in 22 CFR 22.1 and 9 FAM 502.6-4.
9 FAM 504.6-3 (U) Collecting the Processing Fee
a. (U) A single fee is charged combining the costs of processing and issuance of the immigrant visa. An individual registered for immigrant visa processing at a post designated for this purpose by the Deputy Assistant Secretary for Visa Services must pay the processing fee. The fee must be paid when the individual is notified that a visa is expected to become available in the near future and when he or she is requested to obtain the supporting documentation needed to apply formally for a visa.
b. (U) For cases processed through NVC, this fee will be collected during initial processing by NVC. Posts will collect the visa processing fee only for those cases in which the petition is filed at post or in which the visa file otherwise indicates that the fee has not yet been collected.
9 FAM 504.6-4 (U) NVC Collection of Immigrant Visa Fees
9 FAM 504.6-4(A) (U) Paying Processing Fee Domestically
(U) Most cases are processed through NVC and the processing fee will have already been collected in the United States before the case was forwarded to post. NVC's Post Supplement Report, for physical IVIS cases, included in the file of cases scheduled by NVC, will indicate whether the fee has been paid. If the Post Supplement Report is unavailable, post can determine if the fee has been paid using the IVIS Beneficiary Report in the CCD. Post can also review the fee payment details for PIVOT cases in the IVO case notes once loaded into the system. If there are any questions about whether a fee was paid while a case was at NVC, post should email NVCPost@state.gov before requiring the applicant to repay the cashier at post.
9 FAM 504.6-4(B) (U) Sending Instructions for Immigrant Visa Applicants
a. (U) For cases created and processed in IVIS:
(1) (U) Once an agent has been designated or when the Form DS-261, Online Choice of Address and Agent, is not required (see 9 FAM 504.4-3(A)(1)), NVC sends the IV application fee bill for each applicant, and enables the option to pay the fee bill(s) in CEAC.
b. (U) For MIV cases created and processed in PIVOT, applicants are directed to pay.gov for online fee payments in CEAC.
9 FAM 504.6-4(C) (U) Records Updated to Reflect Information Provided
a. (U) If provided by post, the automated Immigrant Visa Overseas (IVO) system will automatically record the date that post prints the Instruction Package for Immigrant Visa Applicants cover letter:
(1) (U) Posts must ensure that this letter and attachments are mailed as soon as possible after printing; and
(2) (U) If you provide later copies of the Instruction Package for Immigrant Visa Applicants to the applicant, make a record in the comments field of the IV application to reflect this fact.
b. (U) The IVIS system used at NVC will also record the date the Instruction Package for Immigrant Visa Applicants is printed or available for viewing in the Consular Electronic Application Center (CEAC)after the IV fees are paid (see 9 FAM 504.6-4(B) above). Activities taken at NVC for PIVOT cases are available in CCD PIVOT Case Summary.
9 FAM 504.6-5 (U) Post Collection of Immigrant Visa Fees
9 FAM 504.6-5(A) (U) Paying Processing Fee at Post
(U) For cases processed through NVC, this fee will be collected during initial processing by NVC. Posts will collect the visa processing fee only for those cases in which the petition is filed at post or in which the visa file otherwise indicates that the fee has not yet been collected. A determination of whether the fee has been paid should be part of the document checking process prior to interview, and if not previously paid, the alien must proceed to the cashier and pay the processing fee. The alien must pay before the interview.
9 FAM 504.6-5(B) (U) No Second Processing Fee
a. (U) Do Not Collect a Second Processing Fee if the:
(1) (U) Within one year of the date of refusal, either the previously refused alien is issued a visa on the basis of the relief provided in INA 212(g), (h) or (i), or any similar provision of law or if evidence is presented to overcome the refusal within one year of the date of refusal or, an I-601 waiver is requested and takes longer than a year to process, a second fee should not be charged.
(2) (U) Alien requests a reopening of the case within one year from the date the visa was originally refused (see 22 CFR 42.81(e));
(3) (U) Visa was previously refused because the medical examination disclosed that the alien might be ineligible under INA 212(a)(1) and the examining physician requested that the applicant undergo follow-up examinations or tests prior to making a final decision;
(4) (U) Visa was previously refused solely for the absence of a document which is available only from a U.S. Government agency, and if it is apparent that the failure of the alien to present the document was due to the U.S. Government agency’s delay in providing it;
(5) (U) Final decision on the application is delayed pending the receipt of an advisory opinion from the Department or the completion of investigations initiated by the Department or the post; or
(6) (U) Original refusal was based on a consular error.
(7) (U) Processing for an I-601 waiver takes longer than one year, unless there is a delay on the part of the applicant.
9 FAM 504.6-6 (U) Additional Fees/Refunds
9 FAM 504.6-6(A) (U) Issuing Replacement Visa During Validity of Original Visa
(U) See 9 FAM 504.10-5(A).
9 FAM 504.6-6(B) (U) Fingerprinting Applicants
9 FAM 504.6-6(C) (U) Refund of Immigrant Visa Processing Fee
(U) A fee collected for the processing of an immigrant visa application is refundable only if the principal officer of a post or the officer in charge of a consular section determines that the application was not adjudicated as a result of action by the U.S. Government over which the alien had no control and for which the alien was not responsible, that precluded the applicant from benefiting from the processing.