C.F.R. » Title 22 » CHAPTER I—DEPARTMENT OF STATE › SUBCHAPTER E—VISAS › PART 41—VISAS: DOCUMENTATION OF NONIMMIGRANTS UNDER THE IMMIGRATION AND NATIONALITY ACT, AS AMENDED › Subpart J—Application for Nonimmigrant Visa

22 C.F.R. § 41.103

Filing an application

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(a) Filing an application—(1) Filing of application required. Every alien seeking a nonimmigrant visa must make an electronic application on Form DS-160 or, as directed by a consular officer, an application on Form DS-156. The Form DS-160 must be signed electronically by clicking the box designated “Sign Application” in the certification section of the application.

(2) Filing of an electronic application (Form DS-160) or Form DS-156 by alien under 16 or physically incapable. The application for an alien under 16 years of age or one physically incapable of completing an application may be completed and executed by the alien's parent or guardian, or if the alien has no parent or guardian, by any person having legal custody of, or a legitimate interest in, the alien.

(3) Waiver of filing of application when personal appearance is waived. Even if personal appearance of a visa applicant is waived pursuant to 22 CFR 41.102, the requirement for filing an application is not waived.

(b) Application—(1) Preparation of Electronic Nonimmigrant Visa Application (Form DS-160) or, alternatively, Form DS-156. The consular officer shall ensure that the application is fully and properly completed in accordance with the applicable regulations and instructions.

(2) Additional requirements and information as part of application. Applicants who are required to appear for a personal interview must provide a biometric, which will serve to authenticate identity and additionally verify the accuracy and truthfulness of the statements in the application at the time of interview. The consular officer may require the submission of additional necessary information or question an alien on any relevant matter whenever the consular officer believes that the information provided in the application is inadequate to permit a determination of the alien's eligibility to receive a nonimmigrant visa. Additional statements made by the alien become a part of the visa application. All documents required by the consular officer under the authority of § 41.105(a) are considered papers submitted with the alien's application within the meaning of INA 221(g)(1).

(3) Signature. The Form DS-160 shall be signed electronically by clicking the box designated “Sign Application” in the certification section of the application. This electronic signature attests to the applicant's familiarity with and intent to be bound by all statements in the NIV application under penalty of perjury. Alternatively, except as provided in paragraph (a)(2) of this section, the Form DS-156 shall be signed by the applicant, with intent to be bound by all statement in the NIV application under penalty of perjury.

(4) Registration. The Form DS-160 or the Form DS-156, when duly executed, constitutes the alien's registration for the purposes of INA 221(b).

[73 FR 23068, Apr. 29, 2008]
Notes of Decisions
Cited in 18 cases (18 in the last 5 years), 2024–2026 · leading case: Doc Soc'y v. Marco Rubio, 141 F.4th 1273 (D.C. Cir. 2025).
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Doc Soc'y v. Marco Rubio, 141 F.4th 1273 (D.C. Cir. 2025). · cites it 2× “22 C.F.R. §§ 41.103 (b)(2), 42.63(c). In 2019, the State Department adopted a social media policy for visas.”
Turner v. Blinken (D. Maryland 2024). · cites it 3× “); 22 C.F.R. § 41.103 . The consular officer alone determines whether to issue the visa, refuse the visa, or, pursuant to an outstanding order under INA § 243(d), discontinue granting the visa.”
Ulianov v. Blinken (D.D.C. 2025). · cites it 3× “See 22 C.F.R. § 41.103 (“Every alien seeking a nonimmigrant visa must make an electronic application on Form DS-160 .”
Moradi v. Blinken (D.D.C. 2025). · cites it 3× “See 22 C.F.R. § 41.103 ; 8 U.S.C. § 1202 (c) (“Every alien applying for a nonimmigrant visa .”
Dehshiri v. Blinken (D.D.C. 2025). · cites it 3× “See 22 C.F.R. § 41.103 ; 8 U.S.C. § 1202 (c) (“Every alien applying for a nonimmigrant visa .”
Yaghoubnezhad v. Stufft (D.D.C. 2024). · cites it 2× “22 C.F.R. § 41.103 (a). And last, they must schedule an in-person interview at a U.”
Karbasian v. United States Dep't of State (S.D. Ill. 2025). · cites it 2× “22 C.F.R. § 41.103 (a); 8 U.S.C. § 1202 (h)(1).”
Bimbo Bakeries USA, Inc. v. Blinken (E.D. Pa. 2025). · cites it 2× “22 C.F.R. § 41.103 (b)(2) (emphasis added).”
Sheibani v. Garland (D.D.C. 2024). “22 C.F.R. § 41.103 (a). The applicant must then interview with a consular officer.”
Zakeri v. Blinken (D.D.C. 2024). “22 C.F.R. § 41.103 . At the interview, the consular officer deter- mines “the proper nonimmigrant classification” and the “alien’s eligibility to receive a visa.”
Hosseini v. Eadeh (D.D.C. 2024). “22 C.F.R. § 41.103 . Spouses can accompany the J-1 visa holder by applying for a derivative “F-2” or “J-2” visa.”
Fallahi v. Bell (D.D.C. 2024). “22 C.F.R. § 41.103 (a)(1). The applicant generally must then appear for an in-person interview before a consular officer.”
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