Notice: Learn about the Nonimmigrant Rights, Protections and Resources informational pamphlet, now available!
A citizen of a foreign country, who wishes to enter the United States, generally must first obtain a visa, either a nonimmigrant visa for temporary stay, or an immigrant visa for permanent residence. The type of visa you must have is defined by immigration law, and relates to the purpose of your travel. A visas are issued to 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.
A visa allows a foreign citizen to travel to the United States port-of-entry, and request permission of the U.S. immigration inspector to enter the U.S. A visa does not guarantee entry into the U.S.
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. Please note that U.S. visa law indicates that if a visa applicant is entitled to an A visa as a principal or dependent, he or she must receive an A visa. The exceptions to this rule are extremely limited.
Qualified A visa applicants traveling to the United States for assignments of less than 90 days will be issued visas annotated "TDY" (temporary duty).
Local government officials representing their state, province, borough, or other local political entity do not qualify for A visa status; they require a B visa.
As part of the visa application process, when applying abroad, an interview at the embassy consular section is required for most visa applicants. Embassies and consulates generally do not require an interview for those applying for A-1 and A-2 visas; however, a consular officer can request an interview. Please contact the U.S. Embassy or Consulate in your home country for more information.
Personal employees, attendants and servants of A visa holders, that is, applicants for A-3 visas, are required to be interviewed. Additionally, as part of the visa interview, an ink-free, digital fingerprint scan will be quickly completed.
Visa application forms should be delivered to the embassy or consulate in the country in which you are a resident. Each applicant and any accompanying persons, must submit the forms and documentation as explained below:
Individuals who establish entitlement to an official visa classification (e.g., A, G, C-3, NATO) are exempt from paying visa fees. Additionally, individuals holding diplomatic passports may also be exempt from visa fees regardless of visa classification and purpose of travel, if they meet one of the qualifying categories defined in 22 CFR 21.26 (c)(1)(i) through (xvi). Possession of a diplomatic passport or the equivalent is not by itself sufficient to qualify for a no-fee diplomatic visa. The consular officer will make the determination whether the visa applicant qualifies for an exemption of fees under U.S. immigration laws. Official passport holders are not charged for official visas, but are required to pay visa application and reciprocal issuance fees, if applicable, for all non-official visas.
Immediate family members are defined as the spouse and unmarried sons and daughters of any age who are members of the household, even if studying in a different location. Application procedures are the same as for the principal applicant. Immediate family members may also include someone who will reside regularly in the household of the principal applicant, is not a member of some other household, and is recognized as an immediate family member of the principal alien by the sending Government or International Organization, as demonstrated by eligibility for rights and benefits such as the issuance of a diplomatic or official passport or other similar documentation, or travel or other allowances. Those who may qualify for immediate family status on this basis include: any other relative, by blood, marriage, or adoption, of the principal alien or spouse; a domestic partner; and a relative by blood, marriage, or adoption of the domestic partner. The term "domestic partner" for the purpose of this section means a same-sex domestic partner. Domestic partners may be issued diplomatic visas if the sending state would provide reciprocal treatment to domestic partners of U.S. Mission members. Individuals who do not qualify as immediate family, as described above, may otherwise potentially qualify for a B-2 visa. B visa applicants are required to pay visa application and reciprocal issuance fees, if applicable.
Personal employees, attendants, domestic workers, or servants of individuals who hold a valid A-1 or A-2 visa may be issued an A-3 visa, if they meet the requirements in 9 FAM 41.22 N4. As part of the application process, an interview at the embassy or consulate is required. Proof that the applicant will receive a fair wage, sufficient to financially support himself, comparable to that being offered in the area of employment in the U.S. is required. In addition, the applicant needs to demonstrate that he/she will perform the contracted employment duties. The consular officer will determine eligibility for the A-3 visa. Applicants for A-3 visas must apply outside the United States.
If the employer does not carry the diplomatic rank of Minister or higher or hold a position equivalent to Minister or higher, the employer must demonstrate that he or she will have sufficient funds to provide a fair wage and working conditions, as reflected in the contract. Consideration is also given to the number of employees an employer would reasonably be able to pay.
To apply for an A-3 visa, the visa applicant must submit each of the items explained in the How to Apply - Required Documentation section above, as well as the following.
Employment Contract signed by both the employer and the employee which must include each of the following items:
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.
If the employer does not carry the diplomatic rank of Minister or higher or hold a position equivalent to Minister or higher, the employer must demonstrate that he or she will have sufficient funds to provide a fair wage and working conditions, as reflected in the contract. Consideration is also given to the number of employees an employer would reasonably be able to pay.
Important Notices - for Employers and Personal Employees/Domestic Workers - Personal employees are advised to keep their passport and a copy of their contract in their possession. They should not surrender their contract and passport to their employer under any circumstances. Personal employees and domestic workers are advised that they will be subject to U.S. law while in the United States, and that their contracts provide working arrangements that the employer is expected to respect.
Recent changes to U.S. law relate to the legal rights of certain employment-based nonimmigrants under Federal immigration, labor, and employment laws, and the information to be provided about protections and available resources. As a temporary visitor to the U.S., it is important that you are aware of your rights, as well as protections and resources available when you come to work or study here. Before your interview, review the Nonimmigrant Rights, Protections and Resources pamphlet and learn about additional information on our webpage.
The U.S. Government considers "involuntary servitude" of domestic workers, as defined under the Trafficking Victims Protection Act (TVPA), to be a severe form of trafficking in persons (TIP) and a serious criminal offense. Victims of involuntary servitude are offered protection under the TVPA. "The term 'involuntary servitude' includes a condition of servitude induced by means of any scheme, plan, or pattern intended to cause a person to believe that, if the person did not enter into or continue in such condition, that person or another person would suffer serious harm or physical restraints, or the abuse or threatened abuse of the legal process." While in the U.S., domestic workers are advised that the telephone number for police and emergency services is 911, and that the U.S. Government maintains a telephone hotline for reporting abuse of domestic employees and other TIP-related crimes, 1-888-373-7888.
Attempting to obtain a visa by the willful misrepresentation of a material fact, or fraud, may result in the permanent refusal of a visa or denial of entry into the United States. Classes of Aliens Ineligible to Receive Visas provides important information about ineligibilities.
Applicants should be aware that a visa does not guarantee entry into the United States. The visa allows a foreign citizen to travel to a port of entry in the United States, such as an international airport, a seaport or a land border crossing, and request permission to enter the U.S. Immigration inspectors with the Department of Homeland Security's, Customs and Border Protection, will permit or deny admission to the United States, and determine the permitted length of stay in the U.S., on any particular visit. Visa holders whose visas indicate port of entry restrictions are responsible for paying close attention to those restrictions, and risk being refused entry if they attempt to enter the United States at a port of entry that has not been authorized. In advance of travel, prospective travelers should review important information about Admissions/Entry requirements, as well as information related to restrictions about bringing food, agricultural products or other restricted/prohibited goods explained on the Department of Homeland Security, Customs and Border Protection website. Upon arrival, A-3 visa holders will be enrolled in the US-VISIT entry-exit program. A-1 and A-2 visa holders are exempt from entry into the US-VISIT program. If allowed to enter, the U.S. immigration official will authorize the traveler's admission to the U.S. with a Form I-94, Record of Arrival-Departure. The Form I-94 documents authorized stay in the U.S. and notes the length of stay permitted; it is very important to keep the Form I-94 in one's passport.
Select Frequently Asked Questions to learn more.
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