Fee Waiver for Charitable Poor
Prior to May 1998

There is a provision in the law which provides the U.S. Department of State the authority to waive visa application and issuance fees for nonimmigrant applicants entering the U.S. on behalf of charitable organizations in order to perform charitable services for the poor and needy. The Secretary of State has the discretion to prescribe certain matters, for example, the duration of stay of the nonimmigrant, the financial burden upon the charitable organization, and a waiver or reduction of the fee for application and issuance of the nonimmigrant visa for such a nonimmigrant. The charitable activities should be 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.

The interpretation of this recent provisions is that a waiver of fees is required only when the principal purpose of the entry into the U.S. is to undertake charitable or related activities on behalf of the poor and needy. In addition, it is likely that waivers of fees will only be considered at the written request of an organization in an individual case, and that the organization must be a charitable organization, not merely a nonprofit entity.