(4) nationality.
(5) marital status.
(6) the purpose in going to the United States.
(7) the period of intended stay in the United States.
(8) additional information prescribed by regulation that is necessary
to identify the alien and enforce the immigration and nationality laws.
(b) ADDITIONAL REQUIREMENTS.—An alien applying for a nonimmigrant
visa must—
(1) register if required by chapter 81 of this title when applying for
the visa;
(2) take a physical or mental examination, or both, if required by
the consular officer to decide whether the alien may receive a visa; and
(3) provide the consular officer, with the application, a certified copy
of any documentation about the alien that may be required by regula-
tion.
(c) STATEMENT ABOUT NO ENTITLEMENT TO ENTER
THE UNITED
STATES.—An application for a nonimmigrant visa shall inform the applicant
that a visa or other documentation issued to an alien does not entitle the
alien to enter the United States if, on arrival at a port of entry, the alien
is found to be inadmissible.
(d) SIGNATURE AND OATH.—Except as otherwise prescribed by regula-
tion, an alien must—
(1) sign an application for a nonimmigrant visa in the presence of
a consular officer; and
(2) take an oath administered by the consular officer verifying the
application.
(e) DISPOSITION OF APPLICATIONS.—An application for a nonimmigrant
visa or other documentation as a nonimmigrant shall be disposed of as pre-
scribed by regulation.
§ 2123. Issuing nonimmigrant visas and other documenta-
tion
(a) GENERAL.—Except as provided in subsection (b) of this section, a
consular officer may issue a nonimmigrant visa to an eligible nonimmigrant
who has made a proper application for the visa.
(b) PROHIBITIONS.—(1) A consular officer may not issue a nonimmigrant
visa or other documentation to an alien if—
(A) the alien’s application does not comply with this title or regula-
tions prescribed under this title; or
(B) the consular officer has reason to believe the alien is ineligible
for the visa or other documentation under subchapter I of chapter 63
of this title or any other provision of law.
(2) Notwithstanding paragraph (1)(B) of this subsection, a consular offi-
cer may issue a nonimmigrant visa or other documentation to—
(A) an alien to whom section 6304(a) of this title applies if—
(i) the alien otherwise may receive the visa or other documenta-
tion; and
(ii) the consular officer receives notice from the Attorney Gen-
eral that a bond approved by the Attorney General has been filed
under section 6304(b) of this title; or
(B) an alien applying as a nonimmigrant classified under section
2303 or 2310 of this title if the alien otherwise may receive the visa
or other documentation, and the consular officer receives notice from
the Attorney General of the filing of a bond, in the amount and con-
taining conditions the consular officer prescribes, to ensure that the
alien will leave the United States when—
(i) the time for which the alien is admitted expires; or
(ii) the alien does not maintain the nonimmigrant status under
which the alien was admitted or which the alien acquired under
section 9109 of this title.
(c) FORM AND CONTENT OF VISAS.—Except as otherwise prescribed by
regulation, the issuance of a nonimmigrant visa shall be shown by a stamp
placed by a consular officer in the alien’s passport. The visa shall specify—
(1) the alien’s nonimmigrant classification under subchapter I of
chapter 23 of this title;
(2) the period during which the visa is valid; and
(3) additional information that may be required.
§ 2124. Period of validity and revocation
(a) PERIOD OF VALIDITY.—A nonimmigrant visa is valid for the period
prescribed by regulation. In prescribing the period of validity, the Secretary
of State, to the extent practicable, shall treat nationals of a foreign country
the same as the government of that country treats nationals of the United
States within a similar class.
(b) REVOCATION.—A consular officer or the Secretary may revoke a visa
or other documentation issued to a nonimmigrant. A revocation invalidates
the visa or documentation from the date the visa or documentation was is-
sued. The Attorney General shall be notified of each revocation.
§ 2125. Fees
The Secretary of State shall prescribe fees for providing and verifying a
nonimmigrant visa application for, and issuing a nonimmigrant visa to, a
nonimmigrant of each foreign country. If practicable, the total amount of
the fees shall correspond to the total of all visa, entry, residence, or similar
fees the country imposes on nationals of the United States. A nonimmigrant
visa issued to an alien described in section 11 of the Agreement Between
the United Nations and the United States of America Regarding the Head-
quarters of the United Nations (61 Stat. 761) and in transit to or from
the headquarters district of the United Nations shall be issued without
charge.
§ 2126. Burden of proof
(a) ELIGIBILITY FOR VISA OR DOCUMENTATION.—An individual applying
for a nonimmigrant visa or other documentation required for entering the
United States as a nonimmigrant has the burden of proving that the indi-
vidual is eligible for the visa or documentation. A consular officer may issue
the visa or documentation only if satisfied that the individual is eligible for
the visa or documentation.
(b) STATUS.—An alien claiming to be a nonimmigrant has the burden of
proving that the alien is entitled to nonimmigrant status.
§ 2127. Visa waiver pilot program
(a) ESTABLISHMENT OF PROGRAM.—The Attorney General and the Sec-
retary of State jointly may maintain a pilot program for the fiscal years
ending September 30, 1989–1996, under which they jointly may waive sec-
tion 2121(a)(2) of this title for an alien eligible for a waiver under sub-
section (c) of this section.
(b) DESIGNATION OF PILOT PROGRAM COUNTRIES.—(1) The Attorney
General and the Secretary jointly may designate any foreign country as a
pilot program country if the government of that country extends (or agrees
to extend) reciprocal privileges to nationals of the United States and meets
the requirements of paragraph (2) of this subsection. A designation is only
for a fiscal year.
(2) Except as provided in subsection (c) of this section, a country may
be designated as a pilot program country only if—
(A) the average number of refusals of nonimmigrant visitor visas for
nationals of that country during the prior 2 fiscal years was less than
2 percent of the number of nonimmigrant visitor visas for nationals of
that country that were issued or refused during those years;
(B) the average number of refusals of nonimmigrant visitor visas for
nationals of that country during either of those 2 years was less than
2.5 percent of the number of nonimmigrant visitor visas for nationals
of that country that were issued or refused during that year;
(C) the government of that country certifies that it has or is develop-
ing a program to issue machine-readable passports to citizens of that
country; and