Aet 508 Assignment Immigration 101

(2)

The term “advocates” includes, but is not limited to, advises, recommends, furthers by overt act, and admits belief in.

(6)

The term “border crossing identification card” means a document of identity bearing that designation issued to an alien who is lawfully admitted for permanent residence, or to an alien who is a resident in foreign contiguous territory, by a consular officer or an immigration officer for the purpose of crossing over the borders between the United States and foreign contiguous territory in accordance with such conditions for its issuance and use as may be prescribed by regulations. Such regulations shall provide that (A) each such document include a biometric identifier (such as the fingerprint or handprint of the alien) that is machine readable and (B) an alien presenting a border crossing identification card is not permitted to cross over the border into the United States unless the biometric identifier contained on the card matches the appropriate biometric characteristic of the alien.

(7)

The term “clerk of court” means a clerk of a naturalization court.

(9)

The term “consular officer” means any consular, diplomatic, or other officer or employee of the United States designated under regulations prescribed under authority contained in this chapter, for the purpose of issuing immigrant or nonimmigrant visas or, when used in subchapter III, for the purpose of adjudicating nationality.

(10)

The term “crewman” means a person serving in any capacity on board a vessel or aircraft.

(11)

The term “diplomatic visa” means a nonimmigrant visa bearing that title and issued to a nonimmigrant in accordance with such regulations as the Secretary of State may prescribe.

(12)

The term “doctrine” includes, but is not limited to, policies, practices, purposes, aims, or procedures.

(13)
(15) The term “immigrant” means every alien except an alien who is within one of the following classes of nonimmigrant aliens—
(A)
(i)

an ambassador, public minister, or career diplomatic or consular officer who has been accredited by a foreign government, recognized de jure by the United States and who is accepted by the President or by the Secretary of State, and the members of the alien’s immediate family;

(ii)

upon a basis of reciprocity, other officials and employees who have been accredited by a foreign government recognized de jure by the United States, who are accepted by the Secretary of State, and the members of their immediate families; and

(iii)

upon a basis of reciprocity, attendants, servants, personal employees, and members of their immediate families, of the officials and employees who have a nonimmigrant status under (i) and (ii) above;

(B)

an alien (other than one coming for the purpose of study or of performing skilled or unskilled labor or as a representative of foreign press, radio, film, or other foreign information media coming to engage in such vocation) having a residence in a foreign country which he has no intention of abandoning and who is visiting the United States temporarily for business or temporarily for pleasure;

(C)

an alien in immediate and continuous transit through the United States, or an alien who qualifies as a person entitled to pass in transit to and from the United Nations Headquarters District and foreign countries, under the provisions of paragraphs (3), (4), and (5) of section 11 of the Headquarters Agreement with the United Nations (61 Stat. 758);

(D)
(i)

an aliencrewman serving in good faith as such in a capacity required for normal operation and service on board a vessel, as defined in section 1288(a) of this title (other than a fishing vessel having its home port or an operating base in the United States), or aircraft, who intends to land temporarily and solely in pursuit of his calling as a crewman and to depart from the United States with the vessel or aircraft on which he arrived or some other vessel or aircraft;

(ii)

an aliencrewman serving in good faith as such in any capacity required for normal operations and service aboard a fishing vessel having its home port or an operating base in the United States who intends to land temporarily in Guam or the Commonwealth of the Northern Mariana Islands and solely in pursuit of his calling as a crewman and to depart from Guam or the Commonwealth of the Northern Mariana Islands with the vessel on which he arrived;

(E)

an alien entitled to enter the United States under and in pursuance of the provisions of a treaty of commerce and navigation between the United States and the foreign state of which he is a national, and the spouse and children of any such alien if accompanying or following to join him; (i) solely to carry on substantial trade, including trade in services or trade in technology, principally between the United States and the foreign state of which he is a national; (ii) solely to develop and direct the operations of an enterprise in which he has invested, or of an enterprise in which he is actively in the process of investing, a substantial amount of capital; or (iii) solely to perform services in a specialty occupation in the United States if the alien is a national of the Commonwealth of Australia and with respect to whom the Secretary of Labor determines and certifies to the Secretary of Homeland Security and the Secretary of State that the intending employer has filed with the Secretary of Labor an attestation under section 1182(t)(1) of this title;

(F)
(i)

an alien having a residence in a foreign country which he has no intention of abandoning, who is a bona fide student qualified to pursue a full course of study and who seeks to enter the United States temporarily and solely for the purpose of pursuing such a course of study consistent with section 1184(l) [1] of this title at an established college, university, seminary, conservatory, academic high school, elementary school, or other academic institution or in an accredited language training program in the United States, particularly designated by him and approved by the Attorney General after consultation with the Secretary of Education, which institution or place of study shall have agreed to report to the Attorney General the termination of attendance of each nonimmigrant student, and if any such institution of learning or place of study fails to make reports promptly the approval shall be withdrawn, (ii) the alien spouse and minor children of any alien described in clause (i) if accompanying or following to join such an alien, and (iii) an alien who is a national of Canada or Mexico, who maintains actual residence and place of abode in the country of nationality, who is described in clause (i) except that the alien’s qualifications for and actual course of study may be full or part-time, and who commutes to the United States institution or place of study from Canada or Mexico;

(G)
(i)

a designated principal resident representative of a foreign government recognized de jure by the United States, which foreign government is a member of an international organization entitled to enjoy privileges, exemptions, and immunities as an international organization under the International Organizations Immunities Act (59 Stat. 669) [22 U.S.C. 288 et seq.], accredited resident members of the staff of such representatives, and members of his or their immediate family;

(ii)

other accredited representatives of such a foreign government to such international organizations, and the members of their immediate families;

(iii)

an alien able to qualify under (i) or (ii) above except for the fact that the government of which such alien is an accredited representative is not recognized de jure by the United States, or that the government of which he is an accredited representative is not a member of such international organization; and the members of his immediate family;

(iv)

officers, or employees of such international organizations, and the members of their immediate families;

(v)

attendants, servants, and personal employees of any such representative, officer, or employee, and the members of the immediate families of such attendants, servants, and personal employees;

(H)

an alien (i) [(a) Repealed. Pub. L. 106–95, § 2(c), Nov. 12, 1999, 113 Stat. 1316] (b) subject to section 1182(j)(2) of this title, who is coming temporarily to the United States to perform services (other than services described in subclause (a) during the period in which such subclause applies and other than services described in subclause (ii)(a) or in subparagraph (O) or (P)) in a specialty occupation described in section 1184(i)(1) of this title or as a fashion model, who meets the requirements for the occupation specified in section 1184(i)(2) of this title or, in the case of a fashion model, is of distinguished merit and ability, and with respect to whom the Secretary of Labor determines and certifies to the Attorney General that the intending employer has filed with the Secretary an application under section 1182(n)(1) of this title, or (b1) who is entitled to enter the United States under and in pursuance of the provisions of an agreement listed in section 1184(g)(8)(A) of this title, who is engaged in a specialty occupation described in section 1184(i)(3) of this title, and with respect to whom the Secretary of Labor determines and certifies to the Secretary of Homeland Security and the Secretary of State that the intending employer has filed with the Secretary of Labor an attestation under section 1182(t)(1) of this title, or (c) who is coming temporarily to the United States to perform services as a registered nurse, who meets the qualifications described in section 1182(m)(1) of this title, and with respect to whom the Secretary of Labor determines and certifies to the Attorney General that an unexpired attestation is on file and in effect under section 1182(m)(2) of this title for the facility (as defined in section 1182(m)(6) of this title) for which the alien will perform the services; or (ii)(a) having a residence in a foreign country which he has no intention of abandoning who is coming temporarily to the United States to perform agricultural labor or services, as defined by the Secretary of Labor in regulations and including agricultural labor defined in section 3121(g) of title 26, agriculture as defined in section 203(f) of title 29, and the pressing of apples for cider on a farm, of a temporary or seasonal nature, or (b) having a residence in a foreign country which he has no intention of abandoning who is coming temporarily to the United States to perform other temporary service or labor if unemployed persons capable of performing such service or labor cannot be found in this country, but this clause shall not apply to graduates of medical schools coming to the United States to perform services as members of the medical profession; or (iii) having a residence in a foreign country which he has no intention of abandoning who is coming temporarily to the United States as a trainee, other than to receive graduate medical education or training, in a training program that is not designed primarily to provide productive employment; and the alien spouse and minor children of any such alien specified in this paragraph if accompanying him or following to join him;

(I)

upon a basis of reciprocity, an alien who is a bona fide representative of foreign press, radio, film, or other foreign information media, who seeks to enter the United States solely to engage in such vocation, and the spouse and children of such a representative, if accompanying or following to join him;

(J)

an alien having a residence in a foreign country which he has no intention of abandoning who is a bona fide student, scholar, trainee, teacher, professor, research assistant, specialist, or leader in a field of specialized knowledge or skill, or other person of similar description, who is coming temporarily to the United States as a participant in a program designated by the Director of the United States Information Agency, for the purpose of teaching, instructing or lecturing, studying, observing, conducting research, consulting, demonstrating special skills, or receiving training and who, if he is coming to the United States to participate in a program under which he will receive graduate medical education or training, also meets the requirements of section 1182(j) of this title, and the alien spouse and minor children of any such alien if accompanying him or following to join him;

(L)

subject to section 1184(c)(2) of this title, an alien who, within 3 years preceding the time of his application for admission into the United States, has been employed continuously for one year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof and who seeks to enter the United States temporarily in order to continue to render his services to the same employer or a subsidiary or affiliate thereof in a capacity that is managerial, executive, or involves specialized knowledge, and the alien spouse and minor children of any such alien if accompanying him or following to join him;

(M)
(i)

an alien having a residence in a foreign country which he has no intention of abandoning who seeks to enter the United States temporarily and solely for the purpose of pursuing a full course of study at an established vocational or other recognized nonacademic institution (other than in a language training program) in the United States particularly designated by him and approved by the Attorney General, after consultation with the Secretary of Education, which institution shall have agreed to report to the Attorney General the termination of attendance of each nonimmigrant nonacademic student and if any such institution fails to make reports promptly the approval shall be withdrawn, (ii) the alien spouse and minor children of any alien described in clause (i) if accompanying or following to join such an alien, and (iii) an alien who is a national of Canada or Mexico, who maintains actual residence and place of abode in the country of nationality, who is described in clause (i) except that the alien’s course of study may be full or part-time, and who commutes to the United States institution or place of study from Canada or Mexico;

(N)
(i)

the parent of an alien accorded the status of special immigrant under paragraph (27)(I)(i) (or under analogous authority under paragraph (27)(L)), but only if and while the alien is a child, or

(ii)

a child of such parent or of an alien accorded the status of a special immigrant under clause (ii), (iii), or (iv) of paragraph (27)(I) (or under analogous authority under paragraph (27)(L));

(O) an alien who—
(i)

has extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim or, with regard to motion picture and television productions a demonstrated record of extraordinary achievement, and whose achievements have been recognized in the field through extensive documentation, and seeks to enter the United States to continue work in the area of extraordinary ability; or

(ii)
(I)

seeks to enter the United States temporarily and solely for the purpose of accompanying and assisting in the artistic or athletic performance by an alien who is admitted under clause (i) for a specific event or events,

(II)

is an integral part of such actual performance,

(III)
(a)

has critical skills and experience with such alien which are not of a general nature and which cannot be performed by other individuals, or (b) in the case of a motion picture or television production, has skills and experience with such alien which are not of a general nature and which are critical either based on a pre-existing longstanding working relationship or, with respect to the specific production, because significant production (including pre- and post-production work) will take place both inside and outside the United States and the continuing participation of the alien is essential to the successful completion of the production, and

(IV)

has a foreign residence which the alien has no intention of abandoning; or

(iii)

is the alien spouse or child of an alien described in clause (i) or (ii) and is accompanying, or following to join, the alien;

(P) an alien having a foreign residence which the alien has no intention of abandoning who—
(ii)
(I)

performs as an artist or entertainer, individually or as part of a group, or is an integral part of the performance of such a group, and

(II)

seeks to enter the United States temporarily and solely for the purpose of performing as such an artist or entertainer or with such a group under a reciprocal exchange program which is between an organization or organizations in the United States and an organization or organizations in one or more foreign states and which provides for the temporary exchange of artists and entertainers, or groups of artists and entertainers;

(iii)
(I)

performs as an artist or entertainer, individually or as part of a group, or is an integral part of the performance of such a group, and

(II)

seeks to enter the United States temporarily and solely to perform, teach, or coach as such an artist or entertainer or with such a group under a commercial or noncommercial program that is culturally unique; or

(iv)

is the spouse or child of an alien described in clause (i), (ii), or (iii) and is accompanying, or following to join, the alien;

(Q)

an alien having a residence in a foreign country which he has no intention of abandoning who is coming temporarily (for a period not to exceed 15 months) to the United States as a participant in an international cultural exchange program approved by the Secretary of Homeland Security for the purpose of providing practical training, employment, and the sharing of the history, culture, and traditions of the country of the alien’s nationality and who will be employed under the same wages and working conditions as domestic workers;

(R) an alien, and the spouse and children of the alien if accompanying or following to join the alien, who—
(i)

for the 2 years immediately preceding the time of application for admission, has been a member of a religious denomination having a bona fide nonprofit, religious organization in the United States; and

(ii)

seeks to enter the United States for a period not to exceed 5 years to perform the work described in subclause (I), (II), or (III) of paragraph (27)(C)(ii);

(S) subject to section 1184(k) of this title, an alien—
(i) who the Attorney General determines—
(I)

is in possession of critical reliable information concerning a criminal organization or enterprise;

(II)

is willing to supply or has supplied such information to Federal or State law enforcement authorities or a Federal or State court; and

(III)

whose presence in the United States the Attorney General determines is essential to the success of an authorized criminal investigation or the successful prosecution of an individual involved in the criminal organization or enterprise; or

(ii) who the Secretary of State and the Attorney General jointly determine—
(I)

is in possession of critical reliable information concerning a terrorist organization, enterprise, or operation;

(II)

is willing to supply or has supplied such information to Federal law enforcement authorities or a Federal court;

(III)

will be or has been placed in danger as a result of providing such information; and

and, if the Attorney General (or with respect to clause (ii), the Secretary of State and the Attorney General jointly) considers it to be appropriate, the spouse, married and unmarried sons and daughters, and parents of an alien described in clause (i) or (ii) if accompanying, or following to join, the alien;

(T)
(i) subject to section 1184(o) of this title, an alien who the Secretary of Homeland Security, or in the case of subclause (III)(aa) the Secretary of Homeland Security, in consultation with the Attorney General, determines—
(II)

is physically present in the United States, American Samoa, or the Commonwealth of the Northern Mariana Islands, or at a port of entry thereto, on account of such trafficking, including physical presence on account of the alien having been allowed entry into the United States for participation in investigative or judicial processes associated with an act or a perpetrator of trafficking;

(III)
(aa)

has complied with any reasonable request for assistance in the Federal, State, or local investigation or prosecution of acts of trafficking or the investigation of crime where acts of trafficking are at least one central reason for the commission of that crime;

(bb)

in consultation with the Attorney General, as appropriate, is unable to cooperate with a request described in item (aa) due to physical or psychological trauma; or

(cc)

has not attained 18 years of age; and

(IV)

the alien[3] would suffer extreme hardship involving unusual and severe harm upon removal; and

(ii) if accompanying, or following to join, the alien described in clause (i)—
(I)

in the case of an alien described in clause (i) who is under 21 years of age, the spouse, children, unmarried siblings under 18 years of age on the date on which such alien applied for status under such clause, and parents of such alien;

(II)

in the case of an alien described in clause (i) who is 21 years of age or older, the spouse and children of such alien; or

(III)

any parent or unmarried sibling under 18 years of age, or any adult or minor children of a derivative beneficiary of the alien, as of an alien described in subclause (I) or (II) who the Secretary of Homeland Security, in consultation with the law enforcement officer investigating a severe form of trafficking, determines faces a present danger of retaliation as a result of the alien’s escape from the severe form of trafficking or cooperation with law enforcement.

(U)
(i) subject to section 1184(p) of this title, an alien who files a petition for status under this subparagraph, if the Secretary of Homeland Security determines that—
(I)

the alien has suffered substantial physical or mental abuse as a result of having been a victim of criminal activity described in clause (iii);

(II)

the alien (or in the case of an alienchild under the age of 16, the parent, guardian, or next friend of the alien) possesses information concerning criminal activity described in clause (iii);

(III)

the alien (or in the case of an alienchild under the age of 16, the parent, guardian, or next friend of the alien) has been helpful, is being helpful, or is likely to be helpful to a Federal, State, or local law enforcement official, to a Federal, State, or local prosecutor, to a Federal or State judge, to the Service, or to other Federal, State, or local authorities investigating or prosecuting criminal activity described in clause (iii); and

(IV)

the criminal activity described in clause (iii) violated the laws of the United States or occurred in the United States (including in Indian country and military installations) or the territories and possessions of the United States;

(ii) if accompanying, or following to join, the alien described in clause (i)—
(I)

in the case of an alien described in clause (i) who is under 21 years of age, the spouse, children, unmarried siblings under 18 years of age on the date on which such alien applied for status under such clause, and parents of such alien; or

(II)

in the case of an alien described in clause (i) who is 21 years of age or older, the spouse and children of such alien; and

(iii)

the criminal activity referred to in this clause is that involving one or more of the following or any similar activity in violation of Federal, State, or local criminal law: rape; torture; trafficking; incest; domestic violence; sexual assault; abusive sexual contact; prostitution; sexual exploitation; stalking; female genital mutilation; being held hostage; peonage; involuntary servitude; slave trade; kidnapping; abduction; unlawful criminal restraint; false imprisonment; blackmail; extortion; manslaughter; murder; felonious assault; witness tampering; obstruction of justice; perjury; fraud in foreign labor contracting (as defined in section 1351 of title 18); or attempt, conspiracy, or solicitation to commit any of the above mentioned crimes; or

9 FAM 402.3 

(U) Officials and Employees of Foreign Governments and International Organizations – A, C-2, C-3, G, NATO Visas, and diplomatic type and official type visas

(CT:VISA-487;   01-19-2018)
(Office of Origin:  CA/VO/L/R)

9 FAM 402.3-1  (U) Statutory and Regulatory Authorities

9 FAM 402.3-1(A)  (U) Immigration and Nationality Act

(CT:VISA-78;   03-04-2016)

(U) INA 101(a)(15)(A) (8 U.S.C. 1101(a)(15)(A)); INA 101(a)(15)(C) (8 U.S.C. 1101(a)(15)(C)); INA 212(d)(8) (8 U.S.C. 1182(d)(8)); INA 101(a)(15)(G) (8 U.S.C. 1101(a)(15)(G)).

9 FAM 402.3-1(B)  (U) Code of Federal Regulations

(CT:VISA-78;   03-04-2016)

(U) 22 CFR 41.12; 22 CFR 41.21; 22 CFR 41.22; 22 CFR 41.23; 22 CFR 41.24; 22 CFR 41.25; 22 CFR 41.26; 22 CFR 41.27.

9 FAM 402.3-1(C)  (U) United States Code

(CT:VISA-78;   03-04-2016)

(U) 22 U.S.C. 288; 22 U.S.C. 611 - 613.

9 FAM 402.3-1(D)  (U) Public Law

(CT:VISA-78;   03-04-2016)

(U) Section 301 of the Visa Waiver Permanent Program Act (Public Law 106-396); Section 203 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (WWTVPRA) (Public Law 110-457).

9 FAM 402.3-2  (U) Overview

9 FAM 402.3-2(A)  (U) Foreign Government Officials; A Visas

(CT:VISA-78;   03-04-2016)

(U) Diplomats and other foreign government officials traveling to the United States to engage solely in official duties or activities on behalf of their national government must obtain A-1 or A-2 visas prior to entering the United States; they cannot travel using visitor visas or under the Visa Waiver Program (VWP).  With certain exceptions, such as the Head of State or Head of Government (and their immediate family) -- who qualifies for an A-1 visa regardless of the purpose of travel -- the applicant's position within his/her country’s government and purpose of travel determine whether he/she qualifies for an A-1 or A-2 visa.  See 9 FAM 402.3-5 below for details.

9 FAM 402.3-2(B)  (U) Officials in Transit; C Visas

(CT:VISA-362;   05-04-2017)

a. (U) C-2 Visas:  C-2 visas are appropriate for an alien who qualifies as a person entitled to pass in transit to and from the United Nations Headquarters District and foreign countries, under the provisions of paragraphs (3), (4), and (5) of section 11 of the Headquarters Agreement with United Nations. 

b. (U) C-3 Visas:  An accredited official of a foreign government proceeding in immediate and continuous transit through the United States on official business for that government is classifiable C-3, provided the foreign government grants similar privileges to officials of the Unite States. 

c.  (U)See 9 FAM 402.3-6below for details.

9 FAM 402.3-2(C)  (U) Persons Associated with International Organizations; G Visas

(CT:VISA-362;   05-04-2017)

(U) Foreign government officials and employees traveling on assignment to their country's mission to a designated international organization or for temporary meetings of a designated international organization should obtain G-1, G-2, or G-3 visas; they cannot travel using visitor visas or under the VWP.  Officers and employees of designated international organizations should obtain G-4 visas; they cannot travel using visitor visas or under the VWP.  See 9 FAM 402.3-7(B)below for details.

9 FAM 402.3-2(D)  (U) North Atlantic Treaty Organization Representatives, Officials, and Employees; NATO Visas

(CT:VISA-362;   05-04-2017)

(U) NATO visas are regulated by 22 CFR 41.12 and 41.25.  NATO-1 through NATO-5 visas are appropriate for aliens seeking admission to the United States under the Agreement on the Status of the North Atlantic Treaty Organization, national representatives to, and staff of NATOtraveling to the United States on behalf of NATO (and their immediate family).  NATO-6 visas are appropriate for members of a civilian component accompanying a force entering in accordance with the provisions of the NATO Status of Forces Agreements or members of a civilian component attached to or employed by an Allied Headquarters under the Protocol on the Status of International Military Headquarters (and their dependents).  See 9 FAM 402.3-8below for details.

9 FAM 402.3-2(E)  (U) Attendants, Servants, and Personal Employees of Officials; A-3, G-5 and NATO-7 Visas

(CT:VISA-362;   05-04-2017)

(U) Personal employees of an alien classified as an A-1 or A-2 (A-3 visas), G-1 through G-4 (G-5 visas), or NATO-1 through NATO-6 (NATO-7 visas) must obtain an A-3, G-5, or NATO-7 visa; they cannot travel using visitor visas or under the VWP. See 9 FAM 402.3-9below for details.

9 FAM 402.3-3  (U) Classification codes

(CT:VISA-78;   03-04-2016)

(U) 22 CFR 41.12 identifies the following classifications symbols for officials and employees of foreign governments and international organizations in accordance with INA 101(a)(15)(A), INA 101(a)(15)(C), INA 101(a)(15)(G), and NATO agreements:

A1

Ambassador, Public Minister, Career Diplomat or Consular Officer, or Immediate Family

A2

Other Foreign Government Official or Employee or Immediate Family

A3

Attendant, Servant, or Personal Employee of A1 or A2, or Immediate Family

C2

Alien in Transit to United Nations Headquarters District Under Sec. 11.(3), (4), or (5) of the Headquarters Agreement

C3

Foreign Government Official, Immediate Family, Attendant, Servant or Personal Employee, in Transit

G1

Principal Resident Representative of Recognized Foreign Government to International Organization, Staff, or Immediate Family

G2

Other Representative of Recognized Foreign Member Government to International Organization, or Immediate Family

G3

Representative of Nonrecognized or Nonmember Foreign Government to International Organization, or Immediate Family

G4

International Organization Officer or Employee, or Immediate Family

G5

Attendant, Servant, or Personal Employee of G1 through G4, or Immediate Family

NATO1

Principal Permanent Representative of Member State to NATO (including any of its Subsidiary Bodies) Resident in the U.S. and Resident Members of Official Staff; Secretary General, Assistant Secretaries General, and Executive Secretary of NATO; Other Permanent NATO Officials of Similar Rank, or Immediate Family

NATO2

Other Representative of member state to NATO (including any of its Subsidiary Bodies) including Representatives, Advisers, and Technical Experts of Delegations, or Immediate Family; Dependents of Member of a Force Entering in Accordance with the Provisions of the NATO Status-of-Forces Agreement or in Accordance with the provisions of the “Protocol on the Status of International Military Headquarters”; Members of Such a Force if Issued Visas

NATO3

Official Clerical Staff Accompanying Representative of Member State to NATO (including any of its Subsidiary Bodies), or Immediate Family

NATO4

Official of NATO (Other Than Those Classifiable as NATO1), or Immediate Family

NATO5

Experts, Other Than NATO Officials Classifiable Under NATO4, Employed in Missions on Behalf of NATO, and their Dependents

NATO6

Member of a Civilian Component Accompanying a Force Entering in Accordance with the Provisions of the NATO Status-of-Forces Agreement; Member of a Civilian Component Attached to or Employed by an Allied Headquarters Under the “Protocol on the Status of International Military Headquarters” Set Up Pursuant to the North Atlantic Treaty; and their Dependents

NATO7

Attendant, Servant, or Personal Employee of NATO1, NATO2, NATO 3, NATO4, NATO5, and NATO6 Classes, or Immediate Family

9 FAM 402.3-4  (U) General Information

9 FAM 402.3-4(A)  (U) No Alternative to A or G Visa Classification

(CT:VISA-362;   05-04-2017)

(U) In accordance with 22 CFR 41.22(b), an alien who is entitled to classification under INA 101(a)(15)(A) must be issued an “A” visa, even if eligible for another nonimmigrant classification and must enter the United States in that status.  In accordance with 22 CFR 41.24(b)(4), an alien not classified under INA 101(a)(15)(A) but entitled to classification under INA section 101(a)(15)(G) shall be classified under INA 101(a)(15)(G), even if also eligible for another nonimmigrant classification and must enter the United States in that status.  This applies equally to entry under the Visa Waiver Program (VWP).  Foreign officials who intend to travel to the United States on official business must, therefore, obtain the appropriate “A” or “G” visa prior to their entry, even if the official travel will occur within the ninety-day time limit.  Furthermore, persons who enter the United States under the VWP may not change or adjust status to another visa category. 

9 FAM 402.3-4(B)  (U) Limited Ineligibilities Apply

(CT:VISA-362;   05-04-2017)

a. (U) A-1, A-2, G-1, G-2, G-3, G-4, NATO-1, NATO-2, NATO-3, NATO-4, and NATO-6 Applicants:  A-1, A-2, G-1 through G-4, and NATO-1 through NATO-6 visa applicants are subject to limited grounds of ineligibility (see 22 CFR 41.21(d)).  Of the INA 212(a) ineligibilities, only INA 212(a)(3)(A), INA 212(a)(3)(B), and INA 212(a)(3)(C) apply. 

b. (U) C-2 and C-3 Applicants:  Of the INA 212(a) ineligibilities, only INA 212(a)(3)(A), INA 212(a)(3)(B), INA 212(a)(3)(C) and INA 212(a)(7)(B) apply to C-2 and C-3 applicants.

c.  (U) A-3, G-5, and NATO-7 Applicants:  A-3, G-5, and NATO-7 applicants are subject to all of the INA 212(a) ineligibilities.

d. (U) If an applicant appears to be ineligible on grounds other than INA 212(a), send an AO to CA/VO/L/A.  Prior to issuing an A, C-2, C-3, G or NATO visa to an applicant who would otherwise be ineligible under INA 212(a)(2)(E)if such applicant were applying for a visa other than an A-1, A-2, C-2, C-3, G-1, G-2, G-3, G-4, or NATO-1 through NATO-6 nonimmigrant visa, you must submit an advisory opinion to CA/VO/L/A.  (See 9 FAM 302.3-7(C).)

e. Unavailable 

9 FAM 402.3-4(C)  (U) Issuing Visas Only Upon Appropriate Request and In Appropriate Travel Document

(CT:VISA-362;   05-04-2017)

a. (U) Ordinarily, you may issue a visa in the A, C-2, C-3, G, or NATO categories only upon receipt of a note from the appropriate foreign office, mission, international organization, or NATO authority.  You must scan the note into the application record in the nonimmigrant visa (NIV) system.

b. (U) The note should include the following information concerning the principal applicant:

(1)  (U) Name and date of birth;

(2)  (U) Position and title;

(3)  (U) Place of assignment or visit;

(4)  (U) Purpose of travel;

(5)  (U) Brief description of duties;

(6)  (U) Travel date;

(7)  (U) Anticipated length of stay or tour of duty in the United States; and

(8)  (U) The names, relationships, and dates of birth of any dependents and other members of household who will be accompanying or joining the principal.

c.  (U) For any non-TDY foreign government official or employee who will serve at a diplomatic or consular mission (including a mission to an international organization) or at a miscellaneous foreign government office in the United States for 90 days or more, the diplomatic note should be issued by the sending government’s foreign ministry, and not by a mission or miscellaneous foreign government office in the United States.  In the case of a career official currently assigned outside of the United States, you may accept a note from the embassy or consulate outside the United States where the official is currently assigned, provided that the note certifies that the foreign ministry requests the visa application.

d. (U) In emergency situations, you may issue a visa upon the oral request of a competent foreign authority, international organization, or NATO.  You should make a note in the nonimmigrant visa (NIV) system regarding the request (e.g., name and position of requester, date of request, etc.).  You should also solicit a written confirmation from the appropriate foreign office, international organization, or NATO authority.  Under unusual circumstances, if you issue a visa based on an incomplete note, you should solicit the missing information from the appropriate foreign office, international organization, or NATO authority as soon as possible.

e. (U) An application for an “A” visa should not be accepted for an alien who is not a resident of the consular district without the requisite diplomatic note, unless the alien is a current head of state or head of government whose eligibility for A-1 status is not in question.

f.  (U) Travel Documents:  An A, C-2, C-3, G, or NATO visa must only be placed in a travel document that meets the definition of a “passport” as defined in INA 101(a)(30).  In addition to any passport which has been determined to fulfill the requirements of a “passport” and that is referenced in the appropriate reciprocity schedule, the Department also accepts the following travel documents for issuance of A, C-2, C-3, G, or NATO visas, as described below:

(1)  (U) European Union Laissez-Passer (EULP):  The EULP is a bound booklet in passport format. The cover is dark blue in color and bears the gold embossed seal of the European Union (EU).  Only an official type A-1, A-2, or G-3 visa may be placed in an EULP.  The bearer must present a Form DS-160, Online Nonimmigrant Visa Application, and a photograph for visa in connection with the EULP.   (See 9 FAM 403.3-4(A)for photograph requirements.)  You must receive written confirmation from the appropriate EU office indicating that the applicant is traveling on official EU business.  The period of visa validity should correspond with the reciprocity scheduleof the applicant’s country of nationality as indicated in the EULP, but may not exceed the validity of the EULP.  (See also 9 FAM 403.9-3(A)(3).)

(2)  (U)United Nations Laissez-Passer (UNLP):  See 9 FAM 402.3-7(D)(6).

      Note: Travel documents issued by international organizations (other than the United Nations as listed above) do not meet the definition of a “passport” as defined in INA 101(a)(30), and therefore, visas must not be placed in these travel documents.  Such travel documents include, but are not limited to, the travel documents issued by the Organization of American States (OAS) (see 9 FAM 402.3-7(E)(2)),the World Bank, and INTERPOL.  (See also 9 FAM 403.9-3(A)(2).)

9 FAM 402.3-4(D)  (U) Confirmation of Status; Questionable Application

(CT:VISA-78;   03-04-2016)

(U) If a foreign mission, or an individual attached to such a mission, has presented a diplomatic note which fraudulently portrays an applicant qualifying for “A” visa status, you may request that the U.S. mission in the applicant’s country confirm his or her diplomatic status and the reason for travel.  This should be done in situations where fraud concerns warrant a delay in processing and involvement of another U.S. mission.

9 FAM 402.3-4(E)  (U) Waiver of Personal Appearance; Interviews

(CT:VISA-362;   05-04-2017)

a. (U) Under the provisions of 22 CFR 41.102(a)(2) and 22 CFR 41.102(b)(3), you are authorized to waive personal appearances for A-1, A-2, C-2, C-3, G-1 through G-4, and NATO-1 through NATO-6 aliens, as well as applicants for diplomatic type or official type visas.  However, in such cases, pursuant to 22 CFR 41.103(a)(3) even if a personal appearance of a visa applicant is waived, the filing of an application is not waived.  Waiver of personal appearance does not automatically include waiver of fingerprints; these are two separate requirements.  Only certain classes of nonimmigrants are exempt from fingerprinting requirements under 9 FAM 303.7-4(B).  A-1, A-2, C-3, G-1, G-2, G-3, G-4, and NATO-1 through NATO-6 visa applicants are exempt from fingerprint requirements.  Qualification for a diplomatic type or official type visa (of any other nonimmigrant visa classification) does not provide waiver or exemption from fingerprinting requirements.  (See 9 FAM 303.7-4(B)for additional information regarding fingerprint waiver or exemption.)

b. (U) Normally posts should waive the personal interview requirement for bona fide A-1 and A-2 visa applicants who are citizens of, or accredited to, the host country.  However, posts may wish to interview an individual if a review of the application and supporting documentation raises questions concerning the applicant’s eligibility for “A” visa status.  Posts may also wish to interview non-resident “A” visa applicants, particularly those who could have applied for a visa in their home country and who do not have a clear reason for seeking their visa elsewhere.  If the personal interview is waived for such applicants, posts should confirm that the applicant is physically present in the consular district before accepting the application.

9 FAM 402.3-4(F)  (U) No Fees

(CT:VISA-78;   03-04-2016)

(U) There are no machine readable visa (MRV) (processing) fees or reciprocity fees for A-1, A-2, C-2, C-3, G-1 through G-4, or NATO-1 through NATO-6 applicants.  These exemptions also apply to their domestic and personal employees in the A-3, G-5, or NATO-7 visa categories.  There is also no fee for a B-1 visa issued to individuals assigned, for any length of time, to an official observer mission to the United Nations.  Moreover, aliens issued a diplomatic type visa, as described in 9 FAM 402.3-10(C)(4) below 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 type visas under 9 FAM 402.3-10(D)(2) below (unless the recipient qualifies for a fee exemption on some other basis, such as receiving a visa in one of the A, G, or NATO visa classifications referenced above).

9 FAM 402.3-4(G)  (U) Visa Validity - Full Validity vs. Limited Validity

(CT:VISA-485;   01-09-2018)

a. (U) General Guidance:  General guidance relating to visa validity can be found in 9 FAM 403.9-4(B).  Post should follow the general guidance except as provided in this section for certain A, C, G, or NATO visa applicants. 

b. (U) A-1 and A-2 Visas:  Foreign diplomats who qualify for A-1 or A-2 status should be issued the full validity allowed by reciprocity.  In some instances, however, due to fraud concerns, prior abuse of “A” visas, and/or the purpose of travel, a limited visa may be justified.  For example, a government employee who will visit the United States on a one-time basis for a limited period of time does not necessarily require a multi-year visa in order to conduct his or her official duties.

c.  (U) A-3, G-5, and NATO-7:  See 9 FAM 402.3-9(B)(7) below regarding visa validity for A-3, G-5, and NATO-7 visas.  

9 FAM 402.3-4(H)  (U) Visa Annotations

(CT:VISA-78;   03-04-2016)

(U) You should annotate A, C-2, C-3, G, and NATO visas.  Annotations for each visa classification should follow the guidance provided below. 

(1)  (U) Foreign Government Officials:

(a)  (U) You should annotate the visa of a principal applicant to reflect his or her place of employment.  For example:

      JOHN DOE, EMBASSY OF Z
WASHINGTON, DC

(b)  (U) Visa annotations for foreign government officials assigned to a mission to a designated international organization should reflect the mission, the IO with which it is associated, and the location.  For example:

      JOHN DOE, PERMANENT MISSION OF Z TO UN
NEW YORK, NY

(2)  (U) Dependents of Foreign Government Officials:  You should annotate the visa of a dependent of a foreign government official to reflect the principal applicant's name and place of employment.

      PRINCIPAL APPLICANT: JOHN DOE, EMBASSY OF Z
WASHINGTON, DC

(3)  (U) International Organization Officials and Employees:  You should annotate the visa of a principal applicant to reflect his or her place of employment.  For example: 

      JANE DOE, NAME OF DESIGNATED IO
NEW YORK, NY

(4)  (U) Dependents of International Organization Officials and Employees: You should annotate the visa of a dependent of an international organization official or employee to reflect the principal applicant's name and place of employment.

      PRINCIPAL APPLICANT: JANE DOE, NAME OF DESIGNATED IO
NEW YORK, NY

(5)  (U) Temporary Duty (TDY) Travel:

(a)  (U) Posts are to enter "TDY" (for temporary duty) in the annotation field of a machine readable visa (MRV) issued to the recipient of an A or G visa who is coming to the United States for assignments of less than 90 days.  You should annotate the place of his or her employment.  For example:

      JOHN DOE, CONSULATE GENERAL OF Z
SAN FRANCISCO, CA. (TDY)

(b)  (U) The request for an A or G visa must clearly specify that the official is coming for a temporary assignment of less than 90 days, and such information should be included in the note received pursuant to 9 FAM 402.3-4(C) above.  Absent this information, you are to seek clarification about the length of the assignment from the authorities concerned.

(6)  (U) A-2 TDY Visas for Antiterrorism Assistance Training (ATA): 

(a)  (U) The validity and duration of an A-2 visa issued to participants in the Diplomatic Security’s Office of Antiterrorism Assistance (ATA) training courses must be limited to a single entry and limited to the timeframe of the specific course in which the alien is to participate and reasonable transportation time domestically to and from the training site.  The visa should be annotated as: “ATA training, commencing on (date) and ending on (date).”

(b)  (U) With written consent of the sending government and the concurrence of both the Consular Section Chief and the Regional Security Officer (RSO), the annotation on an A-2 visa issued to an ATA participant may also include identification of a specific period of time, of up to 30 days after the training period, that the alien intends to remain in the United States for personal reasons.

(7)  (U) A-3, G-5, and NATO-7 Visas:  Posts are to endorse A-3, G-5, and NATO-7 visas issued to attendants, servants, and personal employees of aliens classified A-1 or A-2 (A-3 visa), G-1 through G-4 (G-5 visa), or NATO-1 through NATO-6 (NATO-7 visa).  The notation is to be placed in the annotation field of the MRV and is to contain the name of the principal alien and his/her place of employment.  In addition to the applicant’s information, you must also indicate the employer’s nationality using the abbreviations in 9 FAM 102.5-2.  For example, the annotation for an A-3 domestic worker hired by the Italian Consul General in New York should read:

      EMP: Luigi Marinara, ITLY

      Consul General

      Italian Consulate General

      New York, NY

(8)  (U) Privatized INTELSAT Employees:  In addition to the standard annotation for G-4 visas, the G-4 visas issued to qualifying privatized INTELSAT officers and/or employees and their immediate family should include the following additional line at the end of the annotation:

      “ISSUED PURSUANT TO SECTION 301 OF Public Law 106-396.”

(9)  (U) G-4 for Transit Purposes:  Officers and employees of designated international organizations who are not assigned in the United States may be accorded G-4 classification if they desire to transit the United States.  Posts must endorse G‑4 visas issued to such applicants who are generally on, or returning from home leave, as follows:

          VALID FOR IMMEDIATE AND CONTINUOUS TRANSIT ONLY

      NOTE:  (U) Such an applicant who expects to spend time in the United States for personal business or pleasure must also possess a “B” visa.

(10) (U) Permanent Observer Missions at the United Nations:

(a)  (U) Principal Applicants:  You must annotate B-1 visas for principal applicants at Permanent Observer Missions at the United Nations to reflect their places of employment.  For example:

      JOHN DOE
OBSERVER MISSION TO THE UNITED NATIONS
(NAME OF ORGANIZATION), NEW YORK, NY

(b)  (U) Dependents: 

      PRINCIPAL APPLICANT:  JOHN DOE
UNITED NATIONS OBSERVER MISSION
(NAME OF ORGANIZATION), WASHINGTON, DC

9 FAM 402.3-4(I)  (U) Other Procedural Matters for A, G, and NATO Visas

9 FAM 402.3-4(I)(1)  (U) Designated Ports of Entry (POE) for Certain Diplomatic and International Organization Personnel

(CT:VISA-78;   03-04-2016)

(U) See the Visa Reciprocity and Country Documents Schedule under country concerned.

9 FAM 402.3-4(I)(2)  Unavailable   

(CT:VISA-78;   03-04-2016)

Unavailable   

9 FAM 402.3-4(I)(3)  (U) Renewal of A, G, and NATO Visas

(CT:VISA-78;   03-04-2016)

a. (U) Aliens and their dependents who are in the United States in the A, G, or NATO visa category, except A-3, G-5, and NATO-7 aliens (see 9 FAM 402.3-4(I)(5) below) may have their visa(s) renewed by CA/VO/DO/DL in the Department.  For information on visa renewal requirements, CA/VO/DO/DL may be reached by telephone at (202) 485-7681, Monday through Friday, excluding holidays, between the hours of 2:00 p.m. and 4:00 p.m. (Eastern Time).

b. (U) Passports containing visas to be reissued may be delivered to the Diplomatic Reception Desk between 10:30 a.m. and 11:30 a.m. (Eastern Time), Monday through Friday, excluding holidays.  The envelope should be clearly marked to indicate “Visa Reissuance.”

c.  (U) G visas (except G-5) for applicants who are part of the United Nations (UN) community are processed through the U.S. Mission to the UN in New York, Monday through Friday, excluding U.S. holidays, between 9:00 a.m. and 5:30 p.m. (Eastern Time).

9 FAM 402.3-4(I)(4)  (U) Change of Status to A or G in the United States 

(CT:VISA-362;   05-04-2017)

(U) An alien in the United States who accepts employment with a diplomatic mission or an international organization must first obtain a change of status prior to commencing his or her employment with that particular mission.  Applicants requesting a change of status to either the A or G category should submit Form I-566, Interagency Record of Request -- A, G or NATO Dependent Employment Authorization or Change/Adjustment to/from A, G or NATO Status, to the Office of Foreign Missions (OFM).  Upon receipt of the certified Form I-566 from OFM, the diplomatic mission or international organization should then contact CA/VO/DO/DL at (202) 485-7681, Monday through Friday (excluding holidays), between the hours of 2:00 p.m. to 4:00 p.m. (Eastern Time), for information on specific documentation to be submitted.  Information can also be found online at travel.state.gov. 

9 FAM 402.3-4(I)(5)  (U) A-3 and G-5 Revalidations in the United States

(CT:VISA-362;   05-04-2017)

a. (U) CA/VO/DO/DL and the United States Mission to the United Nations (USUN) no longer adjudicate A-3 or G-5 visa applications in the United States.  Applicants must apply for an A-3 or G-5 visa at a U.S. consular office abroad.

b. (U) A-3 and G-5 visa holders whose visas have expired, but who remain in status and continue to work for the same employer for which their A-3 or G-5 visa was issued, do not need to apply for new visas while they remain in the United States.

9 FAM 402.3-4(I)(6)  (U) Departure Required for Issuance of A or G Visa Abroad

(CT:VISA-362;   05-04-2017)

a. (U) DHS may require aliens who entered the United States in “B” status to apply for the appropriate A or G visa at a U.S. embassy or consulate abroad and may not allow such aliens to seek a change of status in the United States.  If this is the case, the applicant need not apply for a change of status in the United States.  The foreign mission where the applicant is to be employed should contact the nonimmigrant visa section of the U.S consular office where the applicant will apply for the visa to make the necessary arrangements for application for an A or G visa.

b. (U) 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, G-5 and NATO-7 visas, are not subject to INA 222(g) and may apply for a visa at a post other than that in their home country.  Additionally, DHS will not change the status of an alien who enters the United States under the Visa Waiver Program (VWP).

c.  Unavailable   

9 FAM 402.3-4(J)  (U) Immediate Family of Foreign Government Officials or Representatives, International Organization Officers and Employees, and Certain NATO Personnel

9 FAM 402.3-4(J)(1)  (U) Immediate Family Members Also Classifiable A or G 

(CT:VISA-362;   05-04-2017)

a. (U) In accordance with 22 CFR 41.22(b), an alien who is entitled to classification under INA 101(a)(15)(A)must be issued an "A" visa, even if eligible for another nonimmigrant classification and must enter the United States in that status.  Therefore, immediate family members of the principal alien must also receive "A" visas, unless the family member is independently classifiable as a principal alien under INA 101(a)(15)(G)(e.g., tandem couples). 

b. (U) In accordance with 22 CFR 41.24(b)(4), an alien who is not entitled to an "A" visa, but who is entitled to classification under INA 101(a)(15)(G)must be issued a "G" visa, even if eligible for another nonimmigrant classification and must enter the United States in that status.  Therefore, immediate family members of the principal alien must also receive "G" visas.  If an immediate family member obtains employment once in the United States which would normally fall under “A” classification, such immediate family member may continue to be classifiable "G" and is not required to seek a change of status in the United States to “A” nonimmigrant status or apply for a new “A” visa abroad.

c.  (U) NATO Immediate Family Members/Dependents:  NATO-1, NATO-2 (Limited to: Other Representative of a member state to NATO (including any of its Subsidiary Bodies) including Representatives, Advisers, and Technical Experts of Delegations, or Immediate Family), NATO-3, NATO-4, and NATO-7 visa classifications include “immediate family.”  Eligible immediate family members within these classifications should also receive the same NATO visa classification as the principal NATO visa holder/applicant. NATO-2 (Limited to: Dependents of a Member of a Force Entering in Accordance with the Provisions of the NATO Status-of-Forces Agreement or in Accordance with the provisions of the “Protocol on the Status of International Military Headquarters”; Members of Such a Force if Issued Visas), NATO-5, and NATO-6 visa classifications include “dependents”, which are defined in the relevant NATO agreement.  (See 9 FAM 402.3-8below.)

9 FAM 402.3-4(J)(2)  (U) Spouse

(CT:VISA-262;   12-05-2016)

(U) The term “immediate family” includes the spouse of the principal alien, who is not a member of some other household and who will reside regularly in the household of the principal alien.

9 FAM 402.3-4(J)(3)  (U) Unmarried Sons and Daughters

(CT:VISA-262;   12-05-2016)

a. (U) The term “immediate family” includes unmarried legal sons and daughters of the principal alien, who are not members of some other household and who will reside regularly in the household of the principal alien, provided that such unmarried sons and daughters are:

(1)  (U) Under the age of 21; or

(2)  (U) Under the age of 23 and in full-time attendance as students at post-secondary educational institutions.

b. (U) Such legal sons and daughters need not previously have qualified as a “child” as defined in INA 101(b)(1).  For example: children who are subject to a full and final adoption by the principal applicant are considered immediate family members and do not need to meet the two-year requirement of INA 101(b)(1)(E), the orphan definition of INA 101(b)(1)(F)or INA 101(b)(1)(G). 

c.  (U) If a son or daughter does not qualify under this section, he/she may still qualify as immediate family under "Other Members of Household" below.

9 FAM 402.3-4(J)(4)  (U) Other Members of the Principal Alien’s Household

(CT:VISA-262;   12-05-2016)

a. (U) The term "immediate family" may also include, upon individual authorization from the Department (see paragraph d below), any other alien who:

(1)  (U) will reside regularly in the household of the principal alien;

(2)  (U) is not a member of some other household; and

(3)  (U) is recognized as an immediate family member of the principal alien by the sending government or designated International Organization (IO), 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.   

b. (U) Aliens who may qualify for immediate family status on this basis include:  any other relative, by blood, marriage, or adoption, of the principal alien or his/her spouse; a same-sex domestic partner; and a relative by blood, marriage, or adoption of the same-sex domestic partner.  The term "domestic partner" for the purpose of this section means a same-sex domestic partner.

c.  (U) Reciprocal Treatment of Same-Sex Domestic Partners:  Before you issue a derivative visa in an A or G classification, other than a G-4 visa to a same-sex domestic partner of an IO officer or employee, you must confirm that the sending state would provide reciprocal treatment to same-sex domestic partners of U.S. Mission members. 

d. (U) Department Authorization:  You may consider an individual to be authorized by the Department of State as a member of the "immediate family" in accordance with 22 CFR 41.21(a)(3)(iii)(D) in all cases in which you have made a favorable determination on the alien's application.

e. (U) Notification to the Department:  You do not need to seek Departmental authorization to issue a visa when you determine that a close relative qualifies as immediate family of the principal alien.  Likewise, you may deny such derivative status without referring the case to the Department.  If you are unable to confirm reciprocal treatment (see paragraph c above) or if significant foreign policy issues or public interest exist, you may refer the case to the Department (CA/VO/L/A) for an advisory opinion (AO).  In any request for an AO for an individual case involving significant foreign policy issues or public interest, address how the policy issues or public interest relate to the visa application.

9 FAM 402.3-4(J)(5)  (U) Aliens Who Will Reside Regularly in Household of Principal Alien

(CT:VISA-78;   03-04-2016)

(U) An alien may be held to reside regularly in the household of the principal alien even though actually absent from the household for a large part of the year while attending a boarding school or college.

9 FAM 402.3-4(J)(6)  (U) Aliens Who Are Members of Some Other Household

(CT:VISA-262;   12-05-2016)

a. (U) An alien who has been a member of a household other than the household of the principal alien would not normally be included within the "immediate family" of the principal alien as that term is defined in 22 CFR 41.21(a)(3), regardless of other circumstances.  Thus a nephew of college age who has resided in the household of the principal alien's sister and brother-in-law would not qualify as an immediate relative of the principal alien simply to join the principal alien's household with the intention of attending college in the United States.  F-1 classification under sponsorship of the principal alien might be appropriate in such a situation.

b. (U) However, the fact that an alien has been, even in the recent past, a member of some other household does not preclude a finding that, at the time of visa application, the applicant is a member of the household of the principal alien.  For example, a recently widowed, divorced or aging parent may have closed a former household with the intention of becoming part of the principal alien's household.  This could also occur because, due to advanced age or infirmity, the parent has experienced significant difficulty in maintaining his or her own household.  The test in adjudicating these cases is whether the applicant, for reasons of age, health, or change in circumstances, has a compelling reason to join the household of the principal alien rather than maintain or reestablish an independent household. 

c.  (U) If you are satisfied that the applicant is currently a member of the principal alien's household, a visa may be issued without submitting an AO to the Department. 

9 FAM 402.3-4(J)(7)  (U) Immediate Family of Foreign Official Who has Requested Status of Permanent Resident

(CT:VISA-262;   12-05-2016)

a. (U) An alien who is a member of the immediate family of a principal alien classifiable as A-2, or G-1 through G-4 (other than diplomatic agents), may receive that classification even when the principal alien has requested permission to obtain or retain the status of permanent resident under INA 247(b).  The principal alien must have waived his and/or her rights, privileges, exemptions, and immunities by filing Form I-508 with USCIS.

b. (U) A LPR cannot serve as a diplomatic agent in the United States.  You should contact CA/VO/L/A for any questions regarding immediate family members of an LPR seeking an A-1 or G visa (other than a G-4 visa). 

9 FAM 402.3-4(J)(8)  (U) Individuals Who Do Not Qualify as Immediate Family

(CT:VISA-362;   05-04-2017)

(U)  Individuals who do not qualify as immediate family, as described above, may otherwise potentially qualify for a B-2 visa (see 9 FAM 402.2-4(B)(5))or some other nonimmigrant visa based on their purpose of travel.

9 FAM 402.3-5  (U) Foreign Government Officials – A Visas

9 FAM 402.3-5(A)  (U) Statutory and Regulatory Authority

9 FAM 402.3-5(A)(1)  (U) Immigration and Nationality Act

(CT:VISA-78;   03-04-2016)

(U) INA 101(a)(15)(A) (8 U.S.C. 1101(a)(15)(A).

9 FAM 402.3-5(A)(2)  (U) Code of Federal Regulations

(CT:VISA-78;   03-04-2016)

(U) 22 CFR 41.21; 22 CFR 41.22.

9 FAM 402.3-5(B)  (U) General Information on A Visa Classification

9 FAM 402.3-5(B)(1)  (U) Importance of “A” Visas

(CT:VISA-362;   05-04-2017)

(U) A-1 and A-2 visas are issued to aliens coming to the United States to perform diplomatic and official business of a governmental nature.  Errors made in the issuance or refusal of an “A” visa could cause embarrassment for the U.S. Government and may have serious consequences.  You should ensure that “A” visa applications are adjudicated accurately and promptly.  If you have any questions, contact CA/VO/L/A. 

9 FAM 402.3-5(B)(2)  (U) A Visa Classification vs. Diplomatic Type Visas

(CT:VISA-362;   05-04-2017)

a. (U) As described in 9 FAM 402.3-10(B), “A” visa classification should not be confused with the issuance of “diplomatic” type visas; visa classification is distinct from visa type (regular, official, or diplomatic).  Heads of state or heads of government (and their immediate family members) are always accorded A-1 visa status regardless of their purpose of travel.  Otherwise, 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.  However, the type of passport is relevant for issuance of a diplomatic type visa as 22 CFR 41.26requires the applicant possess a diplomatic passport or the equivalent of a diplomatic passport to qualify for a diplomatic type visa (regardless of visa classification).

b. (U) Foreign officials coming to the United States on official business on behalf of their government, whether on permanent assignment or temporary duty (TDY), are accorded “A” status, as are their immediate family members.  Foreign officials coming to perform non-governmental functions of a commercial or competitive nature do not qualify for A-1 or A-2 visas, but may fall into the “B”, “E”, or “L” categories, and would be issued diplomatic type visas in those categories if qualified.

c.  (U) National, Not Local Level:  “A” visa status only pertains to officials who are traveling to the United States on behalf of their national government, and the immediate family of such officials.  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 foreign official who is assigned to a third country (or the immediate family of such foreign official) and 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 may be issued a diplomatic type or official type B-2 visa if qualified.

9 FAM 402.3-5(B)(3)  (U) Exemptions From Ineligibility Provisions for A-1 and A-2 Visa Classes

(CT:VISA-362;   05-04-2017)

a. (U) A-1 and A-2 visa applicants are subject to limited grounds of ineligibility.  Of the INA 212(a) ineligibilities, only INA 212(a)(3)(A), INA 212(a)(3)(B), and INA 212(a)(3)(C) apply.  Thus, an applicant who demonstrates that he or she is qualified for A-1 or A-2 visa status may not be refused as an intending immigrant or on grounds of health, criminal activities, or prior visa violations.  If an applicant appears to be ineligible on grounds other than INA 212(a), send an AO to CA/VO/L/A.  Prior to issuing an A -1 or A-2 visa to an applicant who would otherwise be ineligible under INA 212(a)(2)(E)if such applicant were applying for a visa other than an A-1 or A-2 visa, you must submit an advisory opinion to CA/VO/L/A.  (See 9 FAM 302.3-7(C).)

b. Unavailable   

c.  (U) In exempting class A-1 foreign government officials from the provisions of the Immigration and Nationality Act (INA) relating to aliens ineligible to receive visas, Congress acted on the assumption that to do otherwise might infringe upon the constitutional prerogative of the President to receive ambassadors and other public ministers (Article II, Section 3 of the Constitution).  The legislative history underlying the distinctions made in the INA between A-1 and A-2 classes of foreign government officials offers some assistance in determining legislative intent.  Committee Report No. 1365 which accompanied House Report No. 5678, 82nd Congress contains the following paragraph on page 34.

Ambassadors, public ministers, and career diplomatic and consular officers who have been accredited by foreign governments recognized de jure by the United States and accepted by the President or the Secretary of State, and members of their immediate families, are exempted from all provisions relating to the exclusion and deportation of aliens generally, except those provisions relating to reasonable requirements of passport and visas as means of identification and documentation.  In view of constitutional limitations, such aliens may be excluded on grounds of public safety only under such regulations as may be deemed necessary by the President.

d. (U) The President has not issued a directive to date applying the provisions of INA 212(a)(3)(A), INA 212(a)(3)(B), and INA 212(a)(3)(C) to aliens within the A-1 classification (See INA 102(1)).

9 FAM 402.3-5(C)  (U) Aliens Entitled to A-1 Classification

(CT:VISA-78;   03-04-2016)

(U) The following aliens are entitled to A-1 nonimmigrant classification under INA 101(a)(15)(A)(i).

9 FAM 402.3-5(C)(1)  (U) Alien Head of State or Government

(CT:VISA-362;   05-04-2017)

(U) An alien holding the position of head of state or head of government in a foreign government recognized de jure by the United States is classifiable as A-1 regardless of purpose of travel.  The immediate family members of such head of state or head of government are also classifiable as A-1 regardless of purpose of travel.  You must not issue a visa other than an A-1 to the current head of state or head of government (and their qualifying immediate family members). 

9 FAM 402.3-5(C)(2)  (U) Alien Accredited by Foreign Government as Officer at Diplomatic or Consular Post

(CT:VISA-78;   03-04-2016)

a. (U) An alien duly accredited by a foreign government recognized de jure by the United States as an officer of a permanent diplomatic mission or consular post established in the United States with the consent of the Department, who seeks to enter the United States solely for the purpose of performing duties appropriately performed by such an officer.  (Officers of diplomatic missions usually have the title of “Ambassador,” “Minister,” “Counselor,” “Secretary,” or “Attaché” such as military, commercial, financial, agriculture, or scientific; and those of consular posts, “Consul General,” "Deputy Consul General," “Consul,” "Deputy Consul," "Consular Agent," or “Vice Consul.”)  (See 9 FAM 402.3-5(F), Honorary Consul, below.)

b. (U) Such alien should be at least 21 years old at the time of entry into the United States, is expected to perform services for the foreign government on an essentially full-time basis (at least 35 hours per week), and is expected to reside in the metropolitan area of the diplomatic mission or consular post where the individual will be serving.

c.  (U) De jure recognition is not synonymous with diplomatic relations, and de jure recognition may continue even though diplomatic relations have been severed.  Consequently, an A-1 visa may be issued to an alien who seeks to enter the United States for the purpose of performing official duties for a government which has severed diplomatic relations with the United States, provided that:

(1)  (U) The United States has recognized that government de jure prior to severance of diplomatic relations;

(2)  (U) There is a continuing status of de jure recognition; and

(3)  (U) There is a reciprocal exchange of representatives between the United States and that government.  An A-1 classification for such an alien is warranted even if, owing to the absence of diplomatic relations, the individual will function under the aegis of the embassy of a third country protecting power.

(4)  (U) Post has consulted with CA/VO/L/A regarding the application.

9 FAM 402.3-5(C)(3)  (U) Certain Alien Officials of Foreign Governments

(CT:VISA-78;   03-04-2016)

(U) An alien seeking to enter the United States to perform official duties for a government recognized de jure by the United States who holds any of the following positions in that government:

(1)  (U) A position corresponding to that of a member of the U.S. Cabinet;

(2)  (U) The presiding officer of a national legislative body; or

(3)  (U) A member of the highest judicial tribunal.

9 FAM 402.3-5(C)(4)  (U) Immediate Family of Alien Classifiable A-1

(CT:VISA-362;   05-04-2017)

(U) See 22 CFR 41.21(a)(3) and 9 FAM 402.3-4(J), Immediate Family of Foreign Government and International Organization Officials and Employees.  Qualifying immediate family members of an alien classifiable as A-1 are also classifiable as A-1. 

9 FAM 402.3-5(C)(5)  (U) Career Courier

(CT:VISA-78;   03-04-2016)

(U) See 22 CFR 41.22(h)(1).

9 FAM 402.3-5(D)  (U) Aliens Entitled to A-2 Classification

(CT:VISA-78;   03-04-2016)

(U) The following aliens are entitled to A-2 nonimmigrant classification under INA 101(a)(15)(A)(ii).

9 FAM 402.3-5(D)(1)  (U) Alien Accredited by Foreign Government as Employee at Diplomatic or Consular Post

(CT:VISA-362;   05-04-2017)

a. (U) An alien duly accredited by a foreign government recognized de jure by the United States who seeks to enter the United States solely to serve as an employee of a permanent diplomatic mission or consular post established in the United States by that government, who is not within any of the categories entitled to A-1 classification, and whose duties are those normally performed by employees of permanent diplomatic missions or consular posts established in the United States.  Accordingly, A-2 visas are generally appropriate for foreign government officials or employees not holding a diplomatic rank or a consular officer title, and instead working essentially full-time as administrative and technical staff and service staff at embassies, as consular employees and service staff at consulates, or as qualifying miscellaneous foreign government office personnel.  Such alien is expected to perform services for the foreign government on an essentially full-time basis (at least 35 hours per week) and to reside in the metropolitan area of the mission where the individual will be serving. 

b. (U) You must pay close attention to the differences between A-2 service staff and A-3 domestic workers, and be prepared to ask for detailed descriptions of the duties to be performed and/or request an interview to determine proper visa classification.  (Note: These standards also apply to G visa applicants (G-1 service staff and G-5 domestic workers).  These applicants may be considered either service staff (A-2), personal attendants (A-3), or domestic workers (A-3), depending on the facts of their employment and duties.  An applicant may qualify for an A-2 visa as service staff if he/she is engaged in certain duties owed to the sending government in furtherance of the official functions of the mission pertaining to the maintenance of the residence and representational duties performed at the residence of the head of a diplomatic mission or the principal officer of a consular post (or a permanent representative to the UN for G-1 visa applicants).  In contrast, “attendants” are generally paid from the funds of the sending government (or IO for some G-5 visa applicants) and are accompanying or following-to-join a principal to whom a duty of service is owed in his/her personal capacity; they are therefore classifiable as A-3.  Similar to attendants, servants and other personal employees employed by the principal in a domestic or personal capacity – such as to cook, clean, or take care of children – in the private residence of a mission member are classifiable as A-3.  These applicants do not qualify for A-2 visas even if the sending government pays the domestic worker.  Please contact CA/VO/L/A or CA/VO/DO/DL if you have any questions or concerns about an applicant’s eligibility for an A-2 (or G-1) visa as service staff.

c.  (U) Interns:  Interns applying for a visa to work at an embassy, consulate, or miscellaneous foreign government office (MFGO) may qualify for an A-2 visa if the intern's visa application is accompanied by a diplomatic note that contains either (1) an express statement that the mission considers the applicant its employee during the internship, or (2) an acknowledgement that the mission will exercise ultimate authority over the continuation of the intern's assignment and the control and direction of the official duties to be performed for the duration of the intern's U.S. assignment.  The duration of the internship and status as paid/unpaid are not relevant for classifying an intern as an A-2.  

9 FAM 402.3-5(D)(2)  (U) Alien Seeking to Perform Official Duties for Foreign Government

(CT:VISA-362;   05-04-2017)

a. (U) An alien holding an official position with a foreign government recognized de jure by the United States who seeks to enter the United States pursuant to orders or instructions from such government, solely to perform duties or services for that government (including participation in an international meeting or conference, other than one convened by or under the auspices of a designated international organization, held in the United States) which, in the view of the Department, are official in nature.  (See 9 FAM 402.3-7(B) for classification of aliens attending meetings or conferences convened by or under the auspices of a designated international organization.)

b. (U) ATA Training:  In accordance with the above provisions, foreign government officials and law enforcement personnel coming to the United States under sponsorship of the foreign government for training by Diplomatic Security’s Office of Antiterrorism Training Assistance (DS/ATA) shall be accorded A-2 visas.  As the training program is less than 90 days, the visa should include the required “TDY” designation per 9 FAM 402.3-4(H) paragraph 5.  (See 9 FAM 402.3-4(H) paragraph 6 for guidance on annotating the ”ATA” visas.)

9 FAM 402.3-5(D)(3)  (U) 90 Day Rule Limitations

(CT:VISA-362;   05-04-2017)

(U) Under the "90-day-rule," foreign government officials coming to the United States for 90 days or more should only be issued A-2 visas if they are coming to work at an embassy, consulate, or miscellaneous foreign government office in the United States.  There are limited exceptions to this rule.  One exception to the rule is for personnel of foreign armed forces for education or training in accordance with 9 FAM 402.3-5(D)(6)below.  A second exception is for foreign government officials traveling to the United States pursuant to an executed Technical Assistance Agreement (TAA) or Manufacturing Licensing Agreement (MLA) relating to direct commercial sales (DCS) or a Letter of Offer and Acceptance (LOA) for a foreign military sale (FMS) for U.S. defense articles, services, or training at DoD facilities and/or the facility(ies) of the provider of such articles, services, or training.  You may also issue an A-2 visa to a foreign government official who otherwise qualifies and is coming to work at a U.S. Government agency on behalf of a foreign government for longer than 90 days, as long as the foreign government and the U.S. Government agency request A-2 visa issuance.  The U.S. Government agency letter must provide a point of contact and should be scanned into the CCD.  If you determine there is a particular U.S. Government interest in A-2 visa issuance in any other case outside the scope of the 90-day-rule, please submit a request for an AO to CA/VO/L/A, which will consult with the Office of the Legal Adviser and the Office of Foreign Missions on the case.

9 FAM 402.3-5(D)(4)  (U) Immediate Family of Alien Classifiable A-2

(CT:VISA-362;   05-04-2017)

(U) See 22 CFR 41.21(a)(3) and 9 FAM 402.3-4(J), Immediate Family of Foreign Government and International Organization Officials and Employees. Qualifying immediate family members of an alien classifiable as A-2 are also classifiable as A-2. 

9 FAM 402.3-5(D)(5)  (U) Official Acting as Courier

(CT:VISA-147;   07-13-2016)

(U) See 22 CFR 41.22(h)(2). 

9 FAM 402.3-5(D)(6)  (U) Personnel of Foreign Armed Services

(CT:VISA-147;   07-13-2016)

a.(U) Personnel of foreign armed services from other than NATO countries, coming to the United States in connection with their military status for education or training at any of the U.S. military schools or on a U.S. military installation, are treated as foreign government officials for visa classification purposes.

b. (U) Also treated as foreign government officials are personnel of foreign armed services from other than NATO countries, coming to receive military training for up to 90 days on TDY status at a location other than a U.S. military school or a U.S. military installation, provided that the training is either U.S. Government-provided or sponsored, or the training has been licensed by the Office of Defense Trade Control Licensing (PM/DTCL).  To verify PM/DTCL licensing of training, submit a request for an advisory opinion (AO) via e-mail or through the NIV system.  Post should include detailed information about the training in the AO, including where the training is being held, the company holding the training (and a point of contact at the company if possible), the military equipment and any parts or components of that equipment.

9 FAM 402.3-5(D)(7)  (U) Students at the Inter-American Defense College (IADC)

(CT:VISA-362;   05-04-2017)

(U) Students at the Inter-American Defense College (IADC) are classifiable as A-2; this includes military and civilians attending the IADC as students.  All other staff members, advisors, and other representatives traveling to the IADC are classifiable either G-1 or G-4, depending on their roles (see 9 FAM 402.3-7(E)(3)).

9 FAM 402.3-5(E)  (U) Qualifying for A-1 or A-2 Classification: Purpose of Entry and Official Duties in the United States Determines Classification

(CT:VISA-362;   05-04-2017)

a. (U) Qualification for A-1 or A-2 classification is determined by the purpose for which the alien seeks to enter the United States and the nature of the official duties the alien will perform while there.  Therefore, the fact that an alien is an official or employee of a foreign government or is the holder of a diplomatic, official, or service passport does not in itself, except for a head of state or head of government (and their immediate family) as provided in 9 FAM 402.3-5(C)(1) above, qualify the alien for an A-1 or A-2 visa.

b. (U) The fact that there may be government interest or control in a given organization is not in itself controlling on the matter of A-2 entitlement. There must be some further showing that the particular duties or services to be performed by the applicant are themselves of an inherently governmental character or nature.  Where an organization is essentially engaged in commercial and/or competitive activities (e.g., banking, mining, or transportation), an official traveling on behalf of such organization would generally not be qualified for an A-2 visa.  Depending upon the purpose of travel to the United States, consideration may be given to B-1, L-1, or E classification.  You must review all applications for A-2 visas for officials of organizations which are not directly engaged in functions of a governmental nature as measured by U.S. standards.

c.  (U) If any difficulty is encountered in resolving a particular case, you should submit the case to CA/VO/L/A for an AO.  The AO request should include a full report as to the nature, structure and purpose of the organization concerned, together with your analysis and comments.

9 FAM 402.3-5(F)  (U) Honorary Consuls

(CT:VISA-362;   05-04-2017)

(U) Honorary consuls are usually so designated because the performance of duties for the foreign government which appoints them is only incidental to the primary purposes of entry into, or presence in, the United States, typically for business, employment, study, or some other nongovernmental purpose.  Therefore, an honorary consul does not usually seek to enter solely in order to perform governmental official duties and is not normally classifiable A-1 or A-2.  However, the term “honorary” may be used in the consul’s title even though the consul is coming solely to perform official duties.  In such a case, you should request an AO from CA/VO/L/A for the appropriate visa classification of the alien.

9 FAM 402.3-5(G)  (U) Aliens Entitled to A-3 Classification

(CT:VISA-78;   03-04-2016)

(U) See 9 FAM 402.3-9 Attendants, Servants, and Personal Employees of Officials – A-3, G-5, and NATO-7 Visas.

9 FAM 402.3-5(H)  (U) Other Considerations for A Visas

9 FAM 402.3-5(H)(1)  (U) “A” Status for Lawful Permanent Residents (LPRs) and Dependents

(CT:VISA-362;   05-04-2017)

(U) Post must not issue an A visa to an LPR.  If an LPR is employed by a foreign government and seeks a visa to travel to the United States on assignment to their country's mission in the United States, he or she would be eligible for an A-1 or A-2 visa status only if he or she surrendered his or her status as a legal permanent resident and was otherwise acceptable and eligible for the A-1 or A-2 visa.  Please note that an LPR cannot serve as a diplomatic agent or consular officer in the United States (as an LPR, but must instead have an A-1 visa).  You should contact CA/VO/L/A for any questions regarding immediate family members of an LPR seeking an A-1 visa.  However, an LPR can serve as administrative and technical staff/support staff (as an LPR, without an A-2 visa) in an Embassy or Consulate.  The immediate family members of these LPRs may be issued A-2 visas, provided they are eligible to receive visas (See 9 FAM 402.3-4(J)(7)).

9 FAM 402.3-5(H)(2)  (U) Advisory Opinions

(CT:VISA-362;   05-04-2017)

(U) Occasionally, posts may receive instructions to request AOs for diplomats of certain countries for a variety of reasons unrelated to security concerns (e.g., unwillingness or inability to meet debts incurred by diplomatic missions in the United States).  The instructions may identify the office(s) in the Department that should be consulted prior to visa issuance.  Posts receiving “A” visa applications from diplomats who purport to represent former governments of countries which have experienced civil unrest or war should contact the Department (CA/VO/L/A and the relevant country desk) for guidance on whether “A” status is still appropriate.

9 FAM 402.3-5(I)  (U) Taipei Economic and Cultural Representative Office (TECRO) Employees

9 FAM 402.3-5(I)(1)  (U) TECRO Employees Unable to Receive A or G Visas

(CT:VISA-78;   03-04-2016)

(U) The United States does not have official relations with Taiwan, nor does it recognize Taiwan as an independent, sovereign state.  Therefore, employees of the Taipei Economic and Cultural Representative Office (TECRO) may not receive "A" or "G" nonimmigrant visa classification.  Representatives of Taiwan employed by TECRO currently receive E nonimmigrant visas and are admitted to the United States in E-1 nonimmigrant classification.

9 FAM 402.3-5(I)(2)  (U) TECRO Dependents Over 21 Years of Age Entitled to "E-1" Classification

(CT:VISA-362;   05-04-2017)

a. (U) Under INA 101(a)(15)(E) and INA 101(b)(1), as amended, children of treaty traders and investors who reach the age of 21 become ineligible for "E" nonimmigrant classification.  However, TRA 4(A) of the Taiwan Relations Act (TRA) preserves for the dependent sons and daughters of TECRO employees over the age of 21, the entitlements "applied with respect to Taiwan prior to January 01, 1979," the date of Taiwan's derecognition by the United States.

b. (U) Accordingly, pursuant to TRA 4(A), unmarried dependent sons and daughters of TECRO employees may remain in valid "E" nonimmigrant classification.  They may also be issued visas for such classification after the age of 21, provided that they continue to meet the definition of "immediate family" as defined in 22 CFR 41.21(a)(3).  "Immediate family" includes "unmarried sons and daughters" whether by blood or adoption, who are not members of some other household and who will reside regularly in the household of the principal alien, provided that such unmarried sons and daughters are:

(1)  (U) Under the age of 21; or

(2)  (U) Under the age of 23 and in full-time attendance as students at post- secondary educational institutions. (See 9 FAM 402.3-4(J)(3).)

9 FAM 402.3-5(I)(3)  (U) TECRO Employees and/or Dependents Authorized Duration of Status (D/S)

(CT:VISA-78;   03-04-2016)

(U) Employees of TECRO and their dependents admitted in E-1 status are authorized to use D/S by the United States Customs and Border Protection (USCBP) Officer, who will annotate the Form I-94, Arrival -Departure Record, “D/S” for these aliens at the port of entry.

9 FAM 402.3-5(I)(4)  (U) Procedures for Making Application for "E" Reinstatement

(CT:VISA-362;   05-04-2017)

a. (U) The dependents of TECRO employees who were deemed to be out of status because the USCIS officer at the port of entry annotated their Form I-94, with an expiration date instead of "D/S," may apply for reinstatement to "E" status.

b. (U) TECRO must submit the following to CA/VO/DO/DL, through the American Institute/Taiwan (AIT):

(1)  (U) An applicant's passport, valid for at least 6 months;

(2)  (U) A currently valid Form I-94 (USCIS will not consider processing a case whose Form I-94 has expired); and

(3)  (U) A letter from TECRO requesting that USCIS annotate the applicant's Form I-94 to read:  D/S.

9 FAM 402.3-5(I)(5)  (U) Employment Authorization for TECRO Dependents

(CT:VISA-78;   03-04-2016)

a. (U) An alien spouse or unmarried son or daughter of a TECRO employee may apply for employment authorization under 8 CFR 274a.12(C)(2).  In order to be eligible to apply for employment authorization under this section, unmarried sons and daughters of TECRO employees who are older than 21 must meet the definition of "immediate family" members set forth in 22 CFR 41.21(a)(3).  They must also fall within the definition of the term "dependent" set forth in 8 CFR 214.2(A)(2).

b. (U) Accordingly, employment authorization may be requested by unmarried sons and daughters of TECRO employees who are older than 21 years of age, under the age of 23, and in full-time attendance as students at post-secondary educational institutions as provided in 8 CFR 214.2(A)(2)(III).  Under no circumstances may the employment authorization benefits afforded to dependents of TECRO employees exceed those provided to dependents under 8 CFR 214.2(A)(2) and (G)(2).  TECRO dependents seeking to apply for employment authorization should follow existing procedures set forth in 8 CFR 274a.

9 FAM 402.3-6  (U) Officials in Transit – C-2 AND C-3 Visas

9 FAM 402.3-6(A)  (U) Statutory and Regulatory Authority

9 FAM 402.3-6(A)(1)  (U) Immigration and Nationality Act

(CT:VISA-78;   03-04-2016)

(U) INA 101(a)(15)(C) (8 U.S.C. 1101(a)(15)(C)); INA 212(d)(8) (8 U.S.C. 1182(d)(8)).

9 FAM 402.3-6(A)(2)  (U) Code of Federal Regulations

(CT:VISA-78;   03-04-2016)

(U) 22 CFR 41.23.

9 FAM 402.3-6(B)  (U) In General

(CT:VISA-362;   05-04-2017)

a. (U) C-2 Visas:  C-2 visas are appropriate for an alien who qualifies as a person entitled to pass in transit to and from the United Nations Headquarters District and foreign countries, under the provisions of paragraphs (3), (4), and (5) of section 11 of the Headquarters Agreement with United Nations.  Section 11 of the Headquarters Agreement provides:

The federal, state or local authorities of the United States shall not impose any impediments to transit to or from the headquarters district of (1) representatives of Members or officials of the United Nations, or of specialized agencies as defined in Article 57, paragraph 2, of the Charter, or the families of such representatives or officials; (2) experts performing missions for the United Nations or for such specialized agencies; (3) representatives of the press, or of radio, film or other information agencies, who have been accredited by the United Nations (or by such a specialized agency) in its discretion after consultation with the United States; (4) representatives of nongovernmental organizations recognized by the United Nations for the purpose of consultation under Article 71 of the Charter; or (5) other persons invited to the headquarters district by the United Nations or by such specialized agency on official business. The appropriate American authorities shall afford any necessary protection to such persons while in transit to or from the headquarters district. This section does not apply to general interruptions of transportation which are to be dealt with as provided in Section 17, and does not impair the effectiveness of generally applicable laws and regulations as to the operation of means of transportation.

b. (U) C-3 Visas:  An accredited official of a foreign government intending to proceed in immediate and continuous transit through the United States on official business for that government is entitled to the benefits of INA 212(d)(8).  The foreign government must grant similar privileges to officials of the United States, and is classifiable C-3 under the provisions of INA 101(a)(15)(C).  Members of the immediate family, attendants, servants, or personal employees of such an official receive the same classification as the principal alien.

c.  (U) Transit Visa:  For information on transit visas for non-diplomatic or non-official purposes see 9 FAM 402.4.

9 FAM 402.3-6(C)  (U) Ineligibilities

(CT:VISA-362;   05-04-2017)

(U) C-2 and C-3 visa classifications are exempt from most visa ineligibilities under INA 212(a).  Of the INA 212(a)ineligibilities, only INA 212(a)(3)(A), INA 212(a)(3)(B), INA 212(a)(3)(C), and INA 212(a)(7)(B)apply (see 9 FAM 402.3-4(B)).

9 FAM 402.3-6(D)  (U) Exemptions and Travel Limitations for Holders of C-2 Visas

9 FAM 402.3-6(D)(1)  (U) Admission to United Nations Headquarters District

(CT:VISA-78;   03-04-2016)

(U) Because of the obligations undertaken by the United States pursuant to the United Nations (UN) Headquarters Agreement, applicants for C-2 visas are exempted from the grounds of ineligibility listed in INA 212(a) except for INA 212(a)(3)(A), INA 212(a)(3)(B), INA 212(a)(3)(C), and INA 212(a)(7)(B) thereof.  Therefore, DHS regulations provide that holders of C-2 visas may be admitted only on the following conditions:

(1)  (U) The alien must proceed directly to New York City and remain continuously within the Headquarters District and its immediate vicinity, departing therefrom only to leave the United States; and

(2)  (U) The alien must be in possession of a document establishing the alien’s ability to enter a foreign country following the alien’s sojourn in the United Nations Headquarters District.

9 FAM 402.3-6(D)(2)  (U) Defining "United Nation Headquarters District" and Explaining Travel Restrictions

(CT:VISA-78;   03-04-2016)

(U) Persons referred to in 9 FAM 402.3-6(D)(1) above are restricted to “the United Nations Headquarters District and its immediate vicinity,” defined as the “area lying within a twenty-five mile radius of Columbus Circle, New York, N.Y.” Consular officers shall advise applicants for C-2 visas of these travel restrictions.

9 FAM 402.3-6(D)(3)  (U) Waiver of Ineligibility

(CT:VISA-362;   05-04-2017)

(U) For discussions of waiver of ineligibility under INA 212(d)(3)(A) for C-2 visa applicants, see 9 FAM 305.4-2 and 9 FAM 701.2.

9 FAM 402.3-6(E)  (U) Certain Aliens Proceeding to the United Nations

(CT:VISA-422;   07-28-2017)

(U) An alien who is classified C-2 may, as an alternative, be issued a B-1 or I visa if the consular officer finds the alien otherwise qualified for such classification and the alien pays any required fee.  If the alien is ineligible to receive a visa under any of the provisions of INA 212(a), the consular officer may recommend a waiver of ineligibility under INA 212(d)(3)(A) only if the circumstances in the alien’s case justify such a recommendation pursuant to the rules set out in 9 FAM 305.4-2 and 9 FAM 701.2(classified).

9 FAM 402.3-6(F)  (U) Information Media Representatives Proceeding to United Nations

(CT:VISA-78;   03-04-2016)

(U) In the case of an alien coming within the provisions of paragraph (3) of section 11 of the Headquarters Agreement with the United Nations (for example, representatives of the press, radio, film, or other information agencies), the consular officer may not issue a C-2 visa unless the alien presents evidence of accreditation by the United Nations.  The consular officer shall refer an applicant for a C-2 visa inquiring about the procedure for obtaining such accreditation to the appropriate United Nations information center or to the Accreditation Office, Office of Public Information, United Nations, New York, N.Y.  If the consular officer obtains a waiver of ineligibility under INA 212(d)(3)(A) in the alien’s behalf through the Department, the consular officer may presume that the Department has resolved the question of accreditation.

9 FAM 402.3-6(G)  (U) G-4 Aliens in Transit

(CT:VISA-78;   03-04-2016)

(U) See 9 FAM 402.3-7(I) below for information on issuing G-4 Visas to officers and employees of designated international organizations for transit through the United States.

9 FAM 402.3-7  (U) PERSONS ASSOCIATED WITH International Organizations - G Visas

9 FAM 402.3-7(A)  (U) Statutory and Regulatory Authority

9 FAM 402.3-7(A)(1)  (U) Immigration and Nationality Act

(CT:VISA-78;   03-04-2016)

(U) INA 101(a)(15)(G) (8 U.S.C. 1101(a)(15)(G).

9 FAM 402.3-7(A)(2)  (U) Code of Federal Regulations

(CT:VISA-78;   03-04-2016)

(U) 22 CFR 41.21; 22 CFR 41.24.

9 FAM 402.3-7(A)(3)  (U) United States Code

(CT:VISA-78;   03-04-2016)

(U) 22 U.S.C. 288.

9 FAM 402.3-7(B)  (U) G Visa Classifications  

(CT:VISA-362;   05-04-2017)

a. (U) A qualified person may be issued a “G” visa in one of the categories listed below:

(1)  (U) G-1 visas: 

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