|A-1||None||Multiple||60 Months A B|
|A-2||None||Multiple||60 Months A B|
|A-3 1||None||Multiple||12 Months A B|
|C-3||None||N/A A B||N/A|
|CW-1 11||None||Multiple||12 Months|
|CW-2 11||None||Multiple||12 Months|
|E-1 2||None||Multiple C||60 Months|
|E-2 2||None||Multiple C||60 Months|
|E-2C 12||None||Multiple||24 Months|
|G-1||None||Multiple||12 Months A B|
|G-2||None||Multiple||12 Months A B|
|G-3||None||Multiple||12 Months A B|
|G-4||None||Multiple||12 Months A B|
|G-5 1||None||Multiple||12 Months A B|
|H-1B||None||Multiple||60 Months 3|
|H-1C||None||Multiple||60 Months 3|
|H-2A||None||Multiple||60 Months 3|
|H-2B||None||Multiple||60 Months 3|
|H-2R||None||Multiple||60 Months 3|
|H-3||None||Multiple||60 Months 3|
|H-4||None||Multiple||60 Months 3|
|J-1 4||None||Multiple||60 Months|
|J-2 4||None||Multiple||60 Months|
|O-1||None||Multiple||60 Months 3|
|O-2||None||Multiple||60 Months 3|
|O-3||None||Multiple||60 Months 3|
|P-1||None||Multiple||60 Months 3|
|P-2||None||Multiple||60 Months 3|
|P-3||None||Multiple||60 Months 3|
|P-4||None||Multiple||60 Months 3|
|Q-1 6||None||Multiple||15 Months 3|
|S-5 7||None||One||1 Month|
|S-6 7||None||One||1 Month|
|S-7 7||None||One||1 Month|
|V-2||None||Multiple||60 Months 8|
|V-3||None||Multiple||60 Months 8|
Available. A household registration record (hukou) or extract thereof shows the name of the person, date of birth, names of parents and name of spouse, if married. The island of Taiwan was under Japanese rule from 1895 to 1945. The Japanese Government maintained the same system of household registration (koseki) as they did in other parts of Japan. This system of household registration, with minor changes, has been continued. Records concerning Taiwan Chinese, i.e., those who were Japanese nationals until the end of World War II, are fairly complete. Records on Chinese who came from the China mainland after World War II date back to the date they first applied for registration with the local household registration office, and are based on information provided by the applicant.
Military personnel are not registered in the household registration system, while foreigners are registered with the Foreign Affairs Police.
Extracts of household registration records may be obtained by furnishing the name of the person, date of birth, names of parents, and name of spouse, if married. However, only the provincial affiliation, not the place of birth, is given--so a person born in Taiwan whose father is from Shanghai will be entered as a native of Shanghai. Care should be taken to ensure that the applicant is submitting a properly certified extract of the household registration, and not just a photocopy of his Household Roster card. A properly certified extract will have a statement stamped on it, and will be impressed with the seal of the household registration in red ink. The Household Roster card is a simplified version of the household registration, but certain information which might be significant for visa purposes and which will appear in the certified extract will not appear in the Household Roster.
As mentioned above, foreign residents are registered with the Foreign Affairs Police. Children born of foreign fathers, since they are not granted citizenship by the Taiwan authorities, are usually registered with their own consular authorities. Persons born outside of Taiwan should be requested to obtain the documentation applicable to the country in which they were born.
Household registration records will contain entries regarding birth, death marriage, and divorce. Extracts of the household registration may therefore be accepted as prima facie evidence of this fact.
Marriages occurring in Taiwan on or after May 23, 2008 must be registered to the Office of Household Registration. The registration date is the effective date of marriage. The Office of Household Registration will issue a standard marriage certificate stipulated by Taiwanese authorities. A marriage certificate issued by HHRO or HHR with an adoption record is acceptable as evidence of marriage.
Marriages occurring before May 23, 2008 are valid as long as there is an open marriage ceremony with two witnesses, even without registration with HHR. A marriage certificate with signature of two witnesses is acceptable; however, a marriage certificate notarized by the court is more credible.
Marriages occurring abroad are effective on the date the marriage took place.
Same-sex marriages are not recognized in Taiwan.
A husband and wife may obtain a divorce by mutual consent by signing an agreement in the presence of two witnesses and registering the divorce at the household administration office. No other legal intervention is necessary, unless one of the parties is a minor. For a divorce to be valid, its registration should be reflected on the individual's household registration.
In accordance with U.S. guidelines for the preparation of home studies, Taiwan's Child Welfare Bureau will issue certificates of child-abuse background checks to American citizens (either formerly or currently resident in Taiwan) wishing to adopt children from Hague Convention countries. Prospective American adoptive parents can apply in person or by mail to the central office of the Child Welfare Bureau with an application form and presentation of a valid passport. A simple certificate will be issued indicating whether or not a record of child abuse exists in Taiwan's centralized databases.
Death certificates are issued by the attending physician, not by a government agency. In the case of an untimely death, the certificate will be issued by a coroner. If the death occurred during military service, a military indemnity eligibility certificate is acceptable as proof of death.
In the absence of a system of vital statistics registration that may be considered as adequate and complete as defined by visa regulations, the documents described above may be accepted.
Taiwan issues police certificates, although the information is not always comprehensive. Also, legislation is pending in Taiwan that will cause criminal convictions resulting in a penalty of a fine, probation, a suspended sentence, or a sentence of less than two years be deleted from a person's criminal record. Crimes committed by juveniles are not part of the criminal record. Therefore, under the new legislation, a police clearance certificate will not show these convictions. Crimes relevant to visa issuance may be included in those that may not be shown on a person's police clearance certificate. Conversely, convictions, once part of a person's record, remains in the person's record indefinitely. The information reported by the police on police clearance certificates is reliable, but applicants have been able to exclude relevant convictions by specifying specific dates for which the check is to be performed. Information recorded in police clearance certificates comes from a national database of criminal convictions that is updated weekly. If posts suspect that a Taiwan visa applicant is concealing a criminal conviction despite presentation of a clean police clearance certificate, posts should send a completed DS-156 with a photocopy of the bio page of the applicant's passport to the Fraud Prevention Unit at AIT.
Taiwan does not use a standard system for romanizing names, resulting in a wide range of name spellings. However, every Taiwan citizen is assigned a unique national identification number that never changes. Whenever possible, queries should include a person's national identification number. Applicants with Taiwan passports should apply for a police certificate from the police headquarters having jurisdiction over the county or city in which the applicant's household is registered, as recorded in the Household Registration certificate. A third party can assist in this application. Previous residents of Taiwan not holding a Taiwan passport may apply for a police certificate by writing to:
Foreign Affairs Division
Taipei Municipal Police Department
No. 96, Yen Ping South Road
Applicants should enclose a completed application form (available from Taipei Economic and Cultural Representative Offices (TECRO) or Republic of China Embassies). There is a processing fee of US$11.00). No police certificate is available for previous residents of Taiwan who were dependents of U.S. military personnel and covered by the Status of Forces Agreement or persons living in Taiwan prior to August 1945."
Unavailable. There is no established procedure for obtaining an official document containing a report of an individual's confinement in prison. However, if a person has been arrested and sentenced, this information may appear in the police certificate or clearance report.
Available. Theoretically, the records of all cases that came before a court in Taiwan are available. However, due to the dispersal of records in Taiwan, difficulty may be experienced in obtaining full information on old cases. A certified copy of the court judgment may be obtained upon application by an interested party to the appropriate court.
Unavailable. An official military record as defined in visa regulations is unavailable. Persons who have served in the armed forces in Taiwan after World War II will possess discharge certificates showing their military service status, e.g., reserve Army officer with rank of Lieutenant, or retired Air Force sergeant, etc., giving date of discharge.
Passport Must Contain Unrestricted Reentry Permit
Passports issued prior to May 20, 2000: A regular tourist passport issued by the authorities on Taiwan should contain a reentry permit (in English) on page 2 granting the bearer the right to return to Taiwan as long as the passport remains valid. A Taiwan passport with this permit is considered a valid passport that meets the requirements of INA 101(a)(30). Taiwan passports issued prior to May 20, 2000 that do not contain such unrestricted reentry permits do not fulfill the passport requirement of INA 101(a)(30).
Passports issued since May 20, 2000, meet the definition of a passport under INA requirements as long as they contain a national identification number on the biographic page. Despite the term "passport" on the cover, documents that do not show that the bearer has a Taiwan national identification number do not allow the bearer unrestricted right to enter and/or reside in Taiwan and do not satisfy the definition of a passport under INA 101(a)(30). Pursuant to 22 CFR 41.104(b), the Department has waived the passport requirement for bearers of such documents, who may be issued visas on Form DS-232 if they are otherwise eligible. Visas should be limited to a single entry within three months. Such persons are considered stateless for visa issuing purposes.
Visas may never be placed in diplomatic or official passports issued by the Taiwan authorities. When issuing visas to bearers of diplomatic or official passports, consular officers should follow the instructions in 22 CFR 41.113(b) and place visas on Form DS-232. In accordance with policy guidance issued annually by the Department, Taiwan's official and unofficial representatives abroad may not enter U.S. diplomatic or consular premises; however, onsite biometrics collection may be unavoidable at posts that have not implemented offsite biometrics collection when accepting applications from Taiwan's representatives. Taiwan official and unofficial representatives are entitled to no-fee visas only in the case of E-1 TECRO visas as described below.
Taiwan's official and unofficial representatives may apply for tourist (and other) visas using their regular tourist passports, and may also use their tourist passports to apply for B1 visas for official TDY travel. In these cases, a Taiwan official or unofficial representative must pay the MRV fee and must be fingerprinted.
A Taiwan passport holder who is the immediate relative of a principal alien holding A or G nonimmigrant status may be issued an A or G dependent visa on Form DS-232 upon request from the principal alien's government or organization. A Taiwan passport holder who is the immediate relative of a U.S. citizen or lawful permanent resident alien posted to an international organization in the U.S. may also be issued a G visa on Form DS-232 upon request by the organization.
The Taipei Economic and Cultural Representative Office (TECRO) is the instrumentality provided for in Section 10 of the Taiwan Relations Act [Public Law 96-8] to represent the people of Taiwan in the United States in the absence of diplomatic relations. Taiwan passport holders traveling to the United States for an official posting to a U.S.-based TECRO office should have a letter from the local TECRO office confirming their assignment. Taiwan passport holders who will be assigned for more than 90 days to the TECRO office in the U. S., and their spouses and dependent children, should be issued no-fee E-1 visas and will be exempt from fingerprinting requirements and visa application fees. Applicants will present G-series Taiwan passports for this purpose. Applications submitted outside Taiwan should be delivered to U.S. embassies/consulates via courier with a letter of request as Taiwan's official and unofficial representatives are not permitted as a matter of policy to enter U.S. diplomatic or consular premises.
The guidance that accords TECRO E-1 applicants these courtesies is 2004 State 141510 (SOP 69), Title 8 CFR 235.1(D)(i)(IV)(B), the Taiwan Relations Act (PL 96-8), as well as the 1980 AIT-TECRO Agreement on Privileges and Immunities. Visas should be annotated as follows:
For the principal:
EMPLOYEE OF TECRO ACCORDED COURTESIES
USVISIT EXEMPT PER 8CFR235.1(D)(i)(IV)(B)
DURATION OF STATUS AUTHORIZED PER TRA 4(A)
For the dependents:
DEPENDENT OF (principal applicant's name)
EMPLOYEE OF TECRO ACCORDED COURTESIES
USVISIT EXEMPT PER 8 CFR235.1(D)(i)(IV)(B)
DURATION OF STATUS AUTHORIZED PER TRA 4(A)
"FP BIOVISA EXEMPT" should be typed into the Local Tracking/Misc field in NIV.
Unmarried dependent sons and daughters of TECRO employees, over the age of 21, may be issued E visas so long as they attend school, engage in employment, or remain in the United States for the purposes specified in 8 CFR 214.2 (a)(2) and otherwise normally reserved for "immediate family members" of "A" diplomats over the age of 21.
Other immediate family members (e.g., parents, parent-in-law, etc.) who are members of the same household may also be issued E-1 visas under certain circumstances. These adult dependents should provide a Taiwan household registry (with English translation) showing the same official residence as the principal E applicant. They should apply with a "G" series Taiwan passport. The above annotation for dependents should be used. If the family member's residence on the household registry is not the same as the principal E applicant, they are not dependents and cannot obtain an E visa or reside in the U.S. with the principal applicant.
If adult family members wish to visit the principal applicant only, but do not plan to reside with the principal applicant during their posting to the U.S., they should be issued a B1/B2 visa, not an E visa, regardless of their residence. Personal employees of TECRO personnel may be issued B-1 visas subject to the same regulations and guidance as applies to the personal employees of nonimmigrants in general.
The Consular Section of the American Institute in Taiwan (AIT) became operational on April 23, 1979. AIT is a non-governmental organization created by Public Law 96-8 (The Taiwan Relations Act). Prior to July 1, 1997, immigrant and non-immigrant visa applications were issued under the authority of the Consulate General in Hong Kong. Since July 1, 1997, the AIT Consular Section has had authority to issue and deny visas.
Visa records are retained in Taiwan and AIT processes clearance requests for former residents of Taiwan. Posts having files for individuals who plan to pursue their applications in Taiwan should transfer the files to AIT for further action. Persons wishing to inquire about such cases or other cases involving Taiwan residents should address their questions to AIT directly via international mail to:
American Institute in Taiwan
#7, Lane 134, Hsin Yi Rd., Section 3
Taipei, Taiwan 106
Consular officers should consult post's communications personnel for instructions on handling pouch or classified material for AIT Taipei.
All of Taiwan, Penghu (Pescadores) Islands and other areas administered by the Taiwan authorities including the islands of Jinmen (Kinmen, Quemoy) and Mazu (Matsu) in the Fujian Province.
Diplomatic relations not in force.
A and G visas may be issued to Taiwan applicants who are employed by a government other than the Taiwan authorities, or who are attendants or personal employees of accredited officials of a government other than the Taiwan authorities. Qualified applicants should be issued visas on Form OF-232 following the procedures indicated in 22 CFR 41.113(b).The Machine Readable Visa (MRV) on Form DS-232 should be annotated as follows:
A and G visas may also be issued on Form OF-232 to Taiwan applicants who are immediate family members of an accredited official from another country who has been accorded A or G nonimmigrant status. The MRV on the Form OF-232 should be annotated as follows:
The validity of A-3, G-5, and NATO 7 visas may not exceed the validity of the visa issued to the person who is employing the applicant. The "employer" would have one of the following visa classifications:
An E-1 and E-2 visa may be issued only to a principal alien who is a national of a country having a treaty, or its equivalent, with the United States. E-1 and E-2 visas may not be issued to a principal alien if he/she is a stateless resident. If the spouse and children of an E-1 or E-2 principal alien are stateless, or if they are nationals of a country which does not have a treaty with the United States, they may be accorded derivative E-1 or E-2 status. In these cases, the reciprocity schedule of the principal alien's nationality is used.
Example: John Doe is a national of the country of Z that has an E-1/E-2 treaty with the U.S. His wife and child are nationals of the country of Y which has no treaty with the U.S. The wife and child would, therefore, be entitled to derivative status and receive the same reciprocity as Mr. Doe, the principal visa holder.
The validity of H-1 through H-3, O-1 and O-2, P-1 through P-3, and Q visas may not exceed the period of validity of the approved petition or the number of months shown, whichever is less.
Derivative H-4, L-2, O-3, and P-4 visas, issued to accompanying or following-to-join spouses and children, may not exceed the validity of the visa issued to the principal alien.
There is no reciprocity fee for the issuance of a J visa if the alien is a United States Government grantee or a participant in an exchange program sponsored by the United States Government.
Also, there is no reciprocity fee for visa issuance to an accompanying or following-to-join spouse or child (J-2) of an exchange visitor grantee or participant.
In addition, an applicant is eligible for an exemption from the MRV fee if he or she is participating in a State Department, USAID, or other federally funded educational and cultural exchange program (program serial numbers G-1, G-2, G-3 and G-7).
However, all other applicants with U.S. Government sponsorships, including other J-visa applicants, are subject to the MRV processing fee.
Under the North American Free Trade Agreement (NAFTA), Canadian and Mexican nationals coming to engage in certain types of professional employment in the United States may be admitted in a special nonimmigrant category known as the "trade NAFTA" or "TN" category. Their dependents (spouse and children) accompanying or following to join them may be admitted in the "trade dependent" or "TD" category whether or not they possess Canadian or Mexican nationality. Except as noted below, the number of entries, fees and validity for non-Canadian or non-Mexican family members of a TN status holder seeking TD visas should be based on the reciprocity schedule of the TN principal alien.
Since Canadian nationals generally are exempt from visa requirement, a Canadian "TN' or "TD" alien does not require a visa to enter the United States. However, the non-Canadian national dependent of a Canadian "TN", unless otherwise exempt from the visa requirement, must obtain a "TD" visa before attempting to enter the United States. The standard reciprocity fee and validity period for all non-Canadian "TD"s is no fee, issued for multiple entries for a period of 36 months, or for the duration of the principal alien's visa and/or authorized period of stay, whichever is less. See 'NOTE' under Canadian reciprocity schedule regarding applicants of Iranian, Iraqi or Libyan nationality.
Mexican nationals are not visa-exempt. Therefore, all Mexican "TN"s and both Mexican and non-Mexican national "TD"s accompanying or following to join them who are not otherwise exempt from the visa requirement (e.g., the Canadian spouse of a Mexican national "TN") must obtain nonimmigrant visas.
Applicants of Iranian, Iraqi or Libyan nationality, who have a permanent resident or refugee status in Canada/Mexico, may not be accorded Canadian/Mexican reciprocity, even when applying in Canada/Mexico. The reciprocity fee and period for "TD" applicants from Libya is $10.00 for one entry over a period of 3 months. The Iranian and Iraqi "TD" is no fee with one entry over a period of 3 months.
Q-2 (principal) and Q-3 (dependent) visa categories are in existence as a result of the 'Irish Peace Process Cultural and Training Program Act of 1998'. However, because the Department anticipates that virtually all applicants for this special program will be either Irish or U.K. nationals, the Q-2 and Q-3 categories have been placed only in the reciprocity schedules for those two countries. Q-2 and Q-3 visas are available only at the Embassy in Dublin and the Consulate General in Belfast.
No S visa may be issued without first obtaining the Department's authorization.
V-2 and V-3 status is limited to persons who have not yet attained their 21st birthday. Accordingly, the period of validity of a V-2 or V-3 visa must be limited to expire on or before the applicant's twenty-first birthday.
Posts may not issue a T-1 visa. A T-1 applicant must be physically present in the United States, American Samoa, the Commonwealth of the Northern Mariana Islands or a U.S. port of entry, where he/she will apply for an adjustment of status to that of a T-1. The following dependents of a T-1 visa holder, however, may be issued a T visa at a U.S. consular office abroad:
The validity of NATO-5 visas may not exceed the period of validity of the employment contract or 12 months, whichever is less.
The validity of CW-1 and CW-2 visas shall not exceed the maximum initial period of admission allowed by DHS (12 months) or the duration of the transition period ending December 31, 2014, whichever is shortest.
The validity of E-2C visas shall not exceed the maximum initial period of admission allowed by DHS (24 months) or the duration of the transition period ending December 31, 2014, whichever is shortest.