To qualify for an A-1 or A-2 visa, the individual concerned must be traveling to the United States on behalf of his or her national government to engage solely in official activities for that government. The fact that there may be government interest or control in a given organization is not in itself the defining factor in determining whether or not the applicant qualifies for an A visa; the particular duties or services to be performed must also be of an inherently governmental character or nature. Local government officials representing their state, province, borough, or other local political entity do not qualify for "A" visa status; they require B-1/B-2 visas.
Qualified A visa applicants traveling to the United States for assignments of less than 90 days will be issued visas annotated "TDY" (temporary duty).
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[Compiled by Law Offices of Rajiv S Khanna]
Can Foreign officials who intend traveling to the United States on official business enter through tourist visas?
A2
Foreign officials who intend traveling to the United States on official business must obtain an "A" visa prior to their entry. They cannot travel on tourists visas, or visa free under the Visa Waiver Program.
A completed visa application form DS-156 (formally known as the OF-156) is required for each person traveling, even children and babies listed in parents' passports. Note: As of January 1, 2002, the Embassy will no longer accept the OF-156 visa application form. The requirement that male applicants between the ages of 16 and 45 complete the supplemental visa application form DS-157 does not apply to applicants for A-1, and A-2 visas. The visa application form should be delivered to the Embassy together with the passport, color passport type photograph and a Note Verbale. The Note Verbale should list the names of the official travelers and specify their title or official status. It should also specify the date of departure from the United Kingdom, and the purpose of the trip and length of the proposed stay in the United States.
Diplomatic passport holders are exempt from paying visa fees for all types of visas. Official passport holders are not charged for official visas, but are required to pay visa application and reciprocal issuance fees, if applicable, for all non-official visas.
Is it enough to work for a foreign government to qualify a foreign national for this non-immigrant classification.
A6
Working for a foreign government is not enough to qualify a foreign national for this non-immigrant classification. The foreign national must actually be coming to the United States on official government business for the foreign government. If the foreign national is entering the United States for personal business or pleasure, her / his classification should be that of a visitor, and the B1 or B2 status should be accorded to the person under U.S. immigration law. If the foreign government classifies the foreign national in one of the “A” categories, and the United States recognizes the foreign national's status after the foreign national is admitted, the “A” status must be accepted by the immigration officer as unequivocal proof of her / his proper diplomatic status
[Index]
[Compiled by Law Offices of Rajiv S Khanna]
What are the advantages of the officials that fit into the A-1 and A-2 categories and their families?
A7
In addition, the officials that fit into the A-1 and A-2 categories and their families are admitted without time limitation. They may remain, without the need to apply for extension of stay, as long as the U.S. Secretary of State continues to recognize them as members of the diplomatic category. Attendants, servants, and personal employees under A-3 classification are admitted for up to three years, and can obtain extensions in two-year increments if needed.
What if I want to change from "A" Visa Status to some other status?
A8
Please note that before a person can be approved for a change from an “A” visa status to some other, non-official status, it is necessary to waive diplomatic immunity. There is a standard form for this purpose that is processed through the foreign government employer and the U.S. Department of State.
