Government and international agency workers are eligible to enter the US in a number of nonimmigrant classifications. Foreign government officials normally enter the US in the A visa classification. There are three types of A visas:
A-1 – Heads of state or governments, ambassadors, ministers, career diplomats and officers and family members.
A-2 – Accredited foreign government officials and employees and family members.
A-3 – Servants and personal employees of A-1 and A-2 personnel and family members of such servants and personal employees.
A-1 and A-2 applicants must be accredited by a foreign government recognized de jure by the United States. “De jure” recognition is broad enough to include those countries that do not have diplomatic relations with the US. The applicant must be coming to the US solely to engage in official government work. A-1 applications must be accepted by the President or the Secretary of State. Merely possessing a diplomatic passport or being employed by a foreign government is not enough to get the visa absent such approval. A-2 applicants need to get approval from the Secretary of State.
Accreditation rules require an alien to hold an official government or international organization position and be in possession of a travel document. Honorary officials are not normally accredited unless the main focus of their work in the US is government related.
Persons coming to the US on official business MUST seek A-1 or A-2 classification even if they would normally be eligible for another nonimmigrant classification. If one is coming into the US on non-official business, however, then another nonimmigrant classification may be sought.
The intention to remain permanently in the US is not a bar to holding A-1 or A-2 status. However, A-1, A-2 and A-3 applicants may be excluded if the US Attorney General has reason to believe the individual is coming to the US mainly to engage in terrorist or other activities that jeopardize the security or foreign policy objectives of the US. Persons who have committed serious crimes in the US may be excludable even if they received diplomatic immunity from prosecution. The other normal exclusion provisions applicable to nonimmigrants do not cover the A visa category.
The procedure for applying for an A-1 or an A-2 visa is fairly straightforward. The appropriate foreign office or diplomatic mission of the foreign government normally will send a communication to the State Department requesting issuance of an A visa and stating the expected duration of the particular official’s stay in the US. The applicant will then apply for the visa at a US consulate abroad unless already in the US in another non-immigrant classification. The person would be eligible for a change of status by using Form I-566, but the State Department would have to determine the question of acceptance of accreditation. A-1 and A-2 visas are admitted for the duration of their status in the US.
A-3 applicants must demonstrate to consular officers that they qualify as an attendant, servant, or personal employee of a person in Class A-1 or Class A-2. A-3s must be able to show non-immigrant intent and that an official employer-employee relationship with the A-1 or A-2 exists. A-3 visas will normally state the name and position of the A-1 or A-2 employer. The authorized period of stay is normally an initial term of not more than three years and extensions of up to two years. To receive an extension, the A-1 or A-2 employer must submit a letter describing the employment relationship.
Family members of A visa holders are eligible to seek authorization to work in the United States in certain circumstances. For A-1 and A-2 spouses and children, the State Department may grant work authorization if there is in place a formal bilateral employment agreement or informal de facto reciprocal agreement. Applicants are not permitted to work in certain unskilled jobs. Furthermore, aliens are not permitted to work if there employment is “contrary to the interest of the United States” such as if the person engaged in prior unauthorized work or if the person did not pay taxes on earned income. The applicant must also show they will be here for more than six months. Persons who work without authorization, however, are not subject to deportation. The INS would merely notify the State Department if the work involved something other than educational, nursing, or cultural pursuits. To get work authorization, the applicant should submit Form I-566 to the Office of Protocol at the State Department. Work authorization will be granted in two year increments.
A visa holders are permitted to adjust to permanent residency status simply on the basis of being an A visa holder as long as the applicant can demonstrate that they have failed to maintain their visa status, that there are compelling reasons why he or she cannot return to his or her home country and that the granting of permanent residency status is in the US national interest.
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