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e-CFR Data is current as of August 21, 2009


Title 22: Foreign Relations

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PART 22—SCHEDULE OF FEES FOR CONSULAR SERVICES—DEPARTMENT OF STATE AND FOREIGN SERVICE

Section Contents
§ 22.1   Schedule of fees.
§ 22.2   Requests for services in the United States.
§ 22.3   Remittances in the United States.
§ 22.4   Requests for services, Foreign Service.
§ 22.5   Remittances to Foreign Service posts.
§ 22.6   Refund of fees.
§ 22.7   Collection and return of fees.


Authority:   8 U.S.C. 1153 note, 1351, 1351 note; 10 U.S.C. 2602(c); 22 U.S.C. 214, 2504(a), 4201, 4206, 4215, 4219; 31 U.S.C. 9701; Pub. L. 105–277, 112 Stat. 2681 et seq. ; Pub. L. No. 108–447, 118 Stat. 2809 et seq. ; E.O. 10718, 22 FR 4632, 3 CFR, 1954–1958 Comp., p. 382; E.O. 11295, 31 FR 10603, 3 CFR, 1966–1970 Comp., p. 570, Pub. L. 109–167, January 10, 2006, 119 Stat. 3578; Pub. L. 109–472, section 6, 120 Stat. 3554 (2007).

Source:   46 FR 58071, Nov. 30, 1981, unless otherwise noted.

§ 22.1   Schedule of fees.
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The following table sets forth the U.S. Department of State's Schedule of Fees for Consular Services:

Schedule of Fees for Consular Services

Item No.Fee
Passport and Citizenship Services
1. Passport Book Execution: Required for first-time applicants and others who must apply in person [01—Passport Book Execution]$25.
2. Passport Book Application Services for:
(a) Applicants age 16 or over (including renewals) [02—Adult Passport Book]55.
(b) Applicants under age 16 [03—Minor Passport Book]40.
(c) Passport Book amendments (extension of validity, name change, etc.) [04—Amendment]No fee.
(d) Passport Book security surcharge (enhanced border security fee) [05—Security Surcharge]20.
3. Expedited service: Passport processing within expedited processing period published on the Department's Web site (22 CFR 51.66(b))/or in-person service at a U.S. Passport Agency (not applicable abroad)60
4. Exemptions: The following applicants are exempted from passport fees:
(a) Officers or employees of the United States and their immediate family members (22 U.S.C. 214) and Peace Corps Volunteers and Leaders (22 U.S.C. 2504(a)) proceeding abroad or returning to the United States in the discharge of their official duties [05-Passport Exempt]No fee.
(b) U.S. citizen seamen who require a passport in connection with their duties aboard an American flag vessel (22 U.S.C. 214) [05-Passport Exempt]No fee.
(c) Widows, children, parents, or siblings of deceased members of the Armed Forces proceeding abroad to visit the graves of such members (22 U.S.C. 214) [05-Passport Exempt]No fee.
(d) Employees of the American National Red Cross proceeding abroad as members of the Armed Forces of the United States (10 U.S.C. 2603) [05-Passport Exempt]No fee.
5. Travel Letter: Provided as an emergency accommodation to a U.S. citizen returning to the United States when the consular officer is unable to issue a passport book. (Consular time charges, item 75, may apply) [06–U.S.C. Travel Letter]No fee.
6. File search and verification of U.S. citizenship: When applicant has not presented evidence of citizenship and previous records must be searched (except for an applicant abroad whose passport was stolen or lost abroad or when one of the exemptions is applicable) [07–PPT File Search]60.
7. Application for Report of Birth Abroad of a Citizen of the United States [08-Report Birth Abroad]65.
8. Passport security surcharge [09-Passport Surcharge]12.
9. Passport Card Services:
(a) Application fee for applicants age 16 or over [Adult Passport Card]20
(b) Application fee for applicants under age 16 [Minor Passport Card]10
(c) Execution fee [Passport Card Execution]25
10. [Reserved]
Overseas Citizens Services
Arrests, Welfare and Whereabouts, and Related Services
11. Arrest and prison visitsNo fee.
12. Assistance regarding the welfare and whereabouts of a U.S. citizen, including child custody inquiries and processing of repatriation and emergency dietary assistance loansNo fee.
(Item no. 13 vacant)
Death and Estate Services
14. Assistance to next-of-kin:
(a) After the death of a U.S. citizen abroad (providing assistance in disposition of remains, making arrangements for shipping remains, issuing Consular Mortuary Certificate, and providing up to 20 original Consular Reports of Death)No fee.
(b) Making arrangements for a deceased non-U.S. citizen family member (providing assistance in shipping or other disposition of remains of a non-U.S. citizen) [11-Non U.S.C. Death]Consular Time (Item 75) Plus Expenses.
15. Issuance of Consular Mortuary Certificate on behalf of a non-U.S. citizen [12-Non-U.S.C. Mort Cert]60.
16. Acting as a provisional conservator of estates of U.S. citizens:
(a) Taking possession of personal effects; making an inventory under an official seal (unless significant time and/or expenses incurred)No fee.
(b) Overseeing the appraisal, sale, and final disposition of the estate, including disbursing funds, forwarding securities, etc. (unless significant time and/or expenses incurred)No fee.
(c) For services listed in 16 (a) or (b) when significant time and/or expenses are incurred [13-Estate Costs]Consular Time (Item 75) and/or Expenses.
(Items nos. 17 through 20 vacant)
Nonimmigrant Visa Services
21. Nonimmigrant visa application and border crossing card processing fees (per person):
(a) Nonimmigrant visa [21–MRV Processing]131.
(b) Border crossing card—10 year (age 15 and over) [22–131 BCC 10 Year]131.
(c) Border crossing card—5 year (under age 15). For Mexican citizen, if parent or guardian has or is applying for a border crossing card [23–BCC 5 Year]13.
22. Exemptions from nonimmigrant visa application processing fee:
(a) Applicants for A, G, C–3, NATO and diplomatic visas as defined in 22 CFR 41.26 [24–MRV Exempt]No fee.
(b) Applicants for J visas participating in official U.S. Government-sponsored educational and cultural exchanges [24–MRV Exempt]No fee.
(c) Replacement machine-readable visa when the original visa was not properly affixed or needs to be reissued through no fault of the applicant [24–MRV Exempt]No fee.
(d) Applicants exempted by international agreement as determined by the Department, including members and staff of an observer mission to United Nations Headquarters recognized by the UN General Assembly, and their immediate families [24–MRV Exempt]No fee.
(e) Applicants traveling to provide charitable services as determined by the Department [24–MRV Exempt]No fee.
(f) U.S. Government employees traveling on official business [24–MRV Exempt]No fee.
(g) A parent, sibling, spouse, or child of a U.S. Government employee killed in the line of duty who is traveling to attend the employee's funeral and/or burial; or a parent, sibling, spouse, son, or daughter of a U.S. Government employee critically injured in the line of duty for visitation during emergency treatment and convalescence [24–MRV Exempt]No fee.
23. Nonimmigrant visa issuance fee, including border-crossing cards [25–NIV Issuance Reciprocal]Reciprocal.
24. Exemptions from nonimmigrant visa issuance fee:
(a) An official representative of a foreign government or an international or regional organization of which the U.S. is a member; members and staff of an observer mission to United Nations Headquarters recognized by the UN General Assembly; and applicants for diplomatic visas as defined under item 22(a); and their immediate families [26–NIV Issuance Exempt]No fee.
(b) An applicant transiting to and from the United Nations Headquarters [26–NIV Issuance Exempt]No fee.
(c) An applicant participating in a U.S. Government-sponsored program [26–NIV Issuance Exempt]No fee.
(d) An applicant traveling to provide charitable services as determined by the Department [26–NIV Issuance Exempt]No fee.
25. Fraud Prevention and Detection Fee for Visa applicant included in L blanket petition (principal applicant only) [27–NIV Adjudication, Blanket L]500.
(Items nos. 26 through 30 vacant)
Immigrant and Special Visa Services
31. Filing immigrant visa petition (collected for the Bureau of U.S. Citizenship and Immigration Services):
(a) Petition to classify status of alien relative for issuance of immigrant visa [81–USCIS I–130 Petition]185.
(b) Petition to classify orphan as an immediate relative [82–USCIS I–600 Petition]525.
32. Immigrant visa application processing fee (per person) [31–IV Application]355.
33. Diversity Visa Lottery surcharge for lottery participation (per person applying for an immigrant visa as a result of the lottery program) [32–DV Processing]375.
34. Affidavit of Support Review (only when AOS is reviewed domestically)70.
35. Special visa services:
(a) Determining Returning Resident Status [33-Returning Resident]400.
(b) Transportation letter for Legal Permanent Residents of U.S. [34–LPR Transportation Letter]165.
(c) Waiver of 2-year residency requirement [J Waiver]215.
(d) Waiver of immigrant visa ineligibility (collected for the Bureau of U.S. Citizenship and Immigration Services) [83–IV Waiver]250.
(e) Refugee or significant public benefit parole case processing [35-Refugee/Parole]No fee.
36. Immigrant visa security surcharge [37–IV Surcharge]45.
(Items nos. 37 through 40 vacant)
Documentary Services
41. Providing notarial service:
(a) First service (seal) [41-Notarial]30.
(b) Each additional seal provided at the same time in connection with the same transaction [42-Additional Notarial]20.
42. Certification of a true copy or that no record of an official file can be located (by a post abroad):
(a) First copy [43-Certified Copy]30.
(b) Each additional copy provided at the same time [44-Additional Copy]20.
43. Provision of documents, certified copies of documents, and other certifications by the Department of State (domestic):
(a) Documents relating to births, marriages, and deaths of U.S. citizens abroad originally issued by a U.S. Embassy or Consulate30.
(b) Issuance of Replacement Report of Birth Abroad30.
(c) Certified copies of documents relating to births and deaths within the former Canal Zone of Panama from records maintained by the Canal Zone Government from 1904 to September 30, 197930.
(d) Certifying a copy of a document or extract from an official passport record30.
(e) Certifying that no record of an official file can be located [45-Brth/Mar/Death/No Record]30.
(f) Each additional copy provided at same time [46-Additional Cert]20.
44. Authentications (by posts abroad):
(a) Authenticating a foreign notary or other foreign official seal or signature30.
(b) Authenticating a U.S. Federal, State, or territorial seal30.
(c) Certifying to the official status of an officer of the United States Department of State or of a foreign diplomatic or consular officer accredited to or recognized by the United States Government30.
(d) Each authentication [47-Authentication]30.
45. Exemptions: Notarial, certification, and authentication fees or passport file search fees will not be charged when the service is performed:
(a) At the direct request of any Federal Government agency, any State or local government, the District of Columbia, or any of the territories or possessions of the United States (unless significant costs would be incurred) [48-Documents Exempt]No fee.
(b) With respect to documents to be presented by claimants, beneficiaries, or their witnesses in connection with obtaining Federal, State, or municipal benefits [48-Documents Exempt]No fee.
(c) For U.S. citizens outside the United States preparing ballots for any public election in the United States or any of its territories [48-Documents Exempt]No fee.
(d) At the direct request of a foreign government or an international agency of which the United States is a member if the documents are for official noncommercial use [48-Documents Exempt]No fee.
(e) At the direct request of a foreign government official when appropriate or as a reciprocal courtesy [48-Documents Exempt]No fee.
(f) At the request of direct hire U.S. Government personnel, Peace Corps volunteers, or their dependents stationed or traveling officially in a foreign country [48-Documents Exempt]No fee.
(g) With respect to documents whose production is ordered by a court of competent jurisdiction [48-Documents Exempt]No fee.
(h) With respect to affidavits of support for immigrant visa applications [48-Documents Exempt]No fee.
(i) With respect to endorsing U.S. Savings Bonds Certificates [48-Documents Exempt]No fee.
(Items nos. 46 through 50 vacant)
Judicial Assistance Services
51. Processing letters rogatory and Foreign Sovereign Immunities Act (FSIA) judicial assistance cases, including providing seal and certificate for return of letters rogatory executed by foreign officials:
[51-Letters Rogatory]735.
[52–FSIA]735.
52. Taking depositions or executing commissions to take testimony:
(a) Scheduling/arranging appointments for depositions, including depositions by video teleconference (per daily appointment) [53-Arrange Depo]475.
(b) Attending or taking depositions, or executing commissions to take testimony (per hour or part thereof) [54-Depose/Hourly]265 Per Hour Plus Expenses.
(c) Swearing in witnesses for telephone depositions [55-Telephone Oath]265.
(d) Supervising telephone depositions (per hour or part thereof over the first hour) [56-Supervise Tel Depo]265 Per Hour Plus Expenses.
(e) Providing seal and certification of depositions [57-Deposition Cert]70.
53. Exemptions: Deposition or executing commissions to take testimony. Fees will not be charged when the service is performed:
(a) At the direct request of any Federal Government agency, any State or local government, the District of Columbia, or any of the territories or possessions of the United States (unless significant time required and/or expenses would be incurred). [58-Judicial Exempt]No fee.
(b) Executing commissions to take testimony in connection with foreign documents for use in criminal cases when the commission is accompanied by an order of Federal court on behalf of an indigent party [59-Indigent Test]No fee.
(Items nos. 54 through 60 vacant)
Services Relating to Vessels and Seamen
61. Shipping and Seaman's services: Including but not limited to, recording a bill of sale of a vessel purchased abroad, renewal of a marine radio license, and issuance of certificate of American ownership:
[61-Shipping Bill of Sale]Consular Time (Item 75) Plus Expenses.
[62-Shipping Consular Radio LISC]Time (Item 75) Plus Expenses.
[63-Shipping Cert AM Own]Consular Time (Item 75) Plus Expenses.
[64-Shipping Misc]Consular Time (Item 75) Plus Expenses.
(Items nos. 62 through 70 vacant)
Administrative Services
71. Non-emergency telephone calls [70-Toll Call Cost] [71-Toll Cost Surcharge]Long Distance Charge Plus $10.
72. Setting up and maintaining a trust account: For one year or less to transfer funds to or for the benefit of a U.S. citizen in need in a foreign country [72–OCS Trust]30.
73. Transportation charges incurred in the performance of fee and no-fee services when appropriate and necessary [73-Transportation]Expenses Incurred.
74. Return check processing fee [74-Return Check]25.
75. Consular time charges: As required by this schedule and for fee services performed away from the office or during after-duty hours (per hour or part thereof/per consular employee) [75-Consular Time]265.
76. Photocopies (per page) [76-Photocopy]1.
(Items nos. 77 through 80 vacant)

[70 FR 5374, Feb. 2, 2005, as amended at 72 FR 45889, Aug. 16, 2007; 72 FR 72244, Dec. 20, 2007; 73 FR 3867, Jan. 23, 2008; 73 FR 5090, Jan. 29, 2008]

§ 22.2   Requests for services in the United States.
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(a) Requests for records. Requests by the file subject or the individual's authorized agent for services involving U.S. passport applications and related records, including consular birth, marriage and death records and authentication of other passport file documents, as well as records of births, marriages and deaths within the former Canal Zone of Panama recorded and maintained by the Canal Zone Government from 1904 to September 30, 1979, shall be addressed to Passport Services, Correspondence Branch, Department of State, Washington, D.C. 20524. Requests for consular birth records should specify whether a Consular Report of Birth (Form FS 240, or long form) or Certification of Birth (Form DS 1350, or short form) is desired. Advance remittance of the exact fee is required for each service.

(b) Authentication services. Requests for Department of State authentication of documents other than passport file documents must be accompanied by remittance of the exact total fee chargeable and addressed to the Authentication Officer, Department of State, Washington, DC 20520.

[46 FR 58071, Nov. 30, 1981, as amended at 64 FR 66770, Nov. 30, 1999]

§ 22.3   Remittances in the United States.
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(a) Type of remittance. Remittances shall be in the form of: (1) Check or bank draft drawn on a bank in the United States; (2) money order—postal, international or bank; or (3) U.S. currency. Remittances shall be made payable to the order of the Department of State. The Department will assume no responsibility for cash which is lost in the mail.

(b) Exact payment of fees. Fees must be paid in full prior to issuance of requested documents. If uncertainty as to the existence of a record or as to the number of sheets to be copied precludes remitting the exact fee chargeable with the request, the Department of State will inform the interested party of the exact amount required.

§ 22.4   Requests for services, Foreign Service.
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Officers of the Foreign Service shall charge for official services performed abroad at the rates prescribed in this schedule, in coin of the United States or at its representative value in exchange (22 U.S.C. 1202). For definition of representative value in exchange, see §23.4 of this chapter. No fees named in this schedule shall be charged or collected for the official services to American vessels and seamen (22 U.S.C. 1186). The term “American vessels” is defined to exclude, for the purposes of this schedule, undocumented American vessels and the fees prescribed herein shall be charged and collected for such undocumented vessels. However, the fees prescribed herein shall not be charged or collected for American public vessels, which includes any vessel owned or operated by a U.S. Government department or agency and engaged exclusively in official business on a non-commercial basis. This schedule of fees shall be kept posted in a conspicuous place in each Foreign Service consular office, subject to the examination by all persons interested therein (22 U.S.C. 1197).

§ 22.5   Remittances to Foreign Service posts.
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Remittances to Foreign Service posts from persons in the United States in payment of offical fees and charges or for the purpose of establishing deposits in advance of rendition of services shall be in a form acceptable to the post, drawn payable to the American Embassy (name of city), American Consulate General (name of city) or American Consulate (name of city), as the case may be. This will permit cashing of negotiable instruments for deposit in the Treasury when not negotiated locally. See §23.2 of this chapter.

(a) Time at which fees become payable. Fees are due and payble prior to issue or delivery to the interested party of a signed document, a copy of a record, or other paper representative of a service performed.

(b) Receipt for fees; register of services. Every officer of the Foreign Service responsible for the performance of services as enumerated in the Schedule of Fees for Consular Services, Department of State and Foreign Service (§22.1), shall give receipts for fees collected for the official services rendered, specifying the nature of the service and numbered to correspond with entries in a register maintained for the purpose (22 U.S.C. 1192, 1193, and 1194). The register serves as a record of official acts performed by officers of the Foreign Service in a governmental or notarial capacity, corresponding in this regard with the record which notaries are usually expected or required to keep of their official acts. See §92.2 of this chapter.

(c) Deposits to guarantee payment of fees or incidental costs. When the amount of any fee is determinable only after initiation of the performance of a service, or if incidental costs are involved, the total fee and incidental costs shall be carefully estimated and an advance deposit required, subject to refund of any unused balance to the person making the deposit.

§ 22.6   Refund of fees.
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(a) Fees which have been collected for deposit in the Treasury are refundable:

(1) As specifically authorized by law (See 22 U.S.C. 214a concerning passport fees erroneously charged persons excused from payment and 46 U.S.C. 8 concerning fees improperly imposed on vessels and seamen);

(2) When the principal officer at the consular post where the fee was collected (or the officer in charge of the consular section at a combined diplomatic/consular post) finds upon review of the facts that the collection was erroneous under applicable law; and

(3) Where determination is made by the Department of State with a view to payment of a refund in the United States in cases which it is impracticable to have the facts reviewed and refund effected by and at the direction of the responsible consular office. See §13.1 of this chapter concerning refunds of fees improperly exacted by consular officers who have neglected to return the same.

(b) Refunds of $5.00 or less will not be paid to the remitter unless a claim is specifically filed at the time of payment for the excess amount. An automatic refund on overpayments due to misinformation or mistakes on the part of the Department of State will be made.

[52 FR 29515, Aug. 10, 1987, as amended at 65 FR 14212, Mar. 16, 2000]

§ 22.7   Collection and return of fees.
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No fees other than those prescribed in the Schedule of Fees, §22.1, or by or pursuant to an act of Congress, shall be charged or collected by officers of the Foreign Service for official services performed abroad (22 U.S.C. 1201). All fees received by any officer of the Foreign Service for services rendered in connection with the duties of office or as a consular officer shall be accounted for and paid into the Treasury of the United States (22 U.S.C. 99 and 812). For receipt, registry, and numbering provisions, see §22.5(b). Collections for transportation and other expenses necessary for performance of services or for Interested Party toll telephone calls shall be refunded to post allotment accounts and made available for meeting such expenses.

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