As quoted or based on information provided by the US Department of State and/or the USCIS. Updated 2007-05-23

Who is eligible for A Visas?

Visa classification is determined by the purpose of entry and the intended official duties, and not by the official’s title, rank, or type of passport (diplomatic, official, or regular), which he or she is carrying.

Diplomatic visas are used by diplomats and other government officials for travel to the United States. With the exception of a Head of State or Government who qualifies for an A visa regardless of the purpose of his or her visit to the United States, the type of visa required by a diplomat or other government official depends upon their purpose of travel to the United States.

Domestic partners of A visa holders, who are either not married to the principal alien or whose marriage is not valid for immigration purposes, may be issued B-1/B-2 visas if, otherwise, qualified. Such individuals should be recognized as the principal alien’s dependent by the sending government, but need not carry a diplomatic passport.

If a Legal Permanent Resident (LPR) were employed by a foreign mission in the United States, he or she would be eligible for A visa status if he or she would be willing to surrender his or her permanent residence card.

Acquiring A Visa Status While in the United States

The DHS or USCIS may require aliens who entered the United States in B visa status to apply for the appropriate A visa or G visa at a U.S. embassy or consulate abroad. The foreign mission where the applicant is to be employed should contact the nonimmigrant section of the U.S. consular office where the applicant will seek the visa, to make the necessary arrangements for issuance of the A visa or G visa.

Persons who have overstayed their previous nonimmigrant status in the United States are required to apply at a U.S. embassy or consulate abroad. Such applicants except those applying for A-3 visas and G-5 visas may apply at posts other than that in their home country. Additionally, DHS/BCIS will not change the status of an alien who enters the United States under the Visa Waiver Program (VWP).

There are no machine-readable visa (MRV) (processing) fees or reciprocity fees for A visa, C-2 visa, C-3 visa, G visa, or NATO applicants. These exemptions also apply to their domestics in the A-3 visa, G-5 visa, or NATO-7 visa categories. Bearers of diplomatic passports are exempt from all visa processing and reciprocity fees, irrespective of whether the travel is official or non-official. This fee exemption is not accorded to recipients of official visas.

A-3 Visa Classification for Domestic Servants of A Visa Holders

An applicant who is the attendant, servant, or personal employee of someone granted an A-1 visa is entitled to an A-3 visa classification. They must demonstrate entitlement to an A-3 visa nonimmigrant classification (e.g., letter of reference from a former employer, evidence of previous employment in that sector, etc.). Consular officers must establish the official status of the employer and the intent of both parties to enter into (or remain in) an employer-employee relationship.

Consular officer must be satisfied that the wage to be received by the A-3 visa applicant is a fair wage comparable to that offered in the area of employment and sufficient to overcome public charge concerns. To insure that the applicant will receive a fair wage, applications for such visas must include an employment contract signed by the employer and the employee. The contract must include the following elements:

• A guarantee the employee will be compensated at the state or federal minimum or prevailing wage, whichever is greater. (Please note that the consular officer must be satisfied that any money deducted for food or lodging is no more than reasonable);
• A promise by the employee not to accept any other employment while working for the employer;
• A promise by the employer to not withhold the passport of the employee; and
• A statement indicating that both parties understand that the employee cannot be required to remain on the premises after working hours without compensation.

The contract is essential to the process in that it provides the personal employee with a framework within which he and/or she may personally seek certain employment or human rights protections. The employer must pay the domestic’s initial travel expenses to the United States, and subsequently to the employer’s onward assignment, or to the employee’s country of normal residence at the termination of the assignment.

Effective September 16, 2002, the Visa Office’s Diplomatic Liaison Division (CA/VO/P/D) and USUN will no longer adjudicate "A-3" or "G-5" (domestic employee of "A" and "G" diplomatic and international organization aliens) visa applications in the United States. Applicants for a(n) "A-3" or "G-5" visas are urged to apply at a U.S. consular office abroad.

NOTE: A-3 visa applicants must be interviewed by a consular officer. To schedule an interview, they must follow the normal procedures for the general public, i.e. fill out the form and contact the call center for an appointment. A-3 visa holders whose visas have expired, but, who remain in status, need not apply for new visas.

Subcategories of A Visas

The specific types of Diplomatic visas are:

• A-1 For Ambassadors, public ministers, career, diplomatic or consular officers, and members of their immediate family.
• A-2 For other foreign government officials or employees, and members of their immediate family.
• A-3 For attendants, servants, or personal employees of holders of A-1 or A-2 visas and members of their immediate family.

To qualify for an A-1 or A-2 visa, you must be traveling to the United States on behalf of your national government to engage solely in official activities for that government. The fact that there may be government interest or control in a given organization is not in itself the defining factor in determining if you qualify for an A visa; the particular duties or services that will be performed, must be governmental in character or nature. Government officials traveling to the United States to perform non-governmental functions of a commercial nature or traveling, as tourists, require the appropriate visa, and do not qualify for diplomatic visas.

Foreign officials who are traveling to the United States on official business must obtain an A visa prior to their entry. They cannot travel on tourist's visas, or visa free under the Visa Waiver Program.

Who is not eligible for A Visas?

Local government officials who intend to come to the United States exclusively on behalf of their state, province, borough, or other local political entity would not qualify for A visa status. A dependent of a foreign official who is assigned to a third country who wishes to visit and/or vacation in the United States would not qualify for A visa status. Based on the applicant’s reason for coming to the United States, (vacation or visit) he or she would be issued a B-2 visa.

If an A-1 visa or A-2 visa applicant is coming to the United States for an assignment which is to last less than 90 days, his or her machine-readable visa (MRV) should be annotated to reflect such as TDY visa (temporary duty). If the length of the official’s assignment is unclear, the consular officer should request clarification prior to issuing the visa.

Required Documentation for A Visas

• A passport valid for travel to the United States. If more than one person is included in the passport, each individual desiring a visa must make a separate application;
• Visa Application Form (DS-156) and DS-157 (when applicable).
• One passport size photo for each visa applicant, including infants (see the "Photo Requirements" web page).
• Note Verbale or NATO travel orders indicating the length of stay, purpose and place of travel.
• If applying for spouse and children they should be listed in the Note Verbale or travel orders. If not please include a marriage certificate and/or birth certificate listing both parents' names.
• If applying for an A-3 visa for a domestic servant, include a copy of the work contract.