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G Visa

G-4 to H1B

Submitted by Chief Editor on Apr 6th 2010

If you are subject to the quota, I cannot think of how you can start earlier than 1st October, unless you have unique skills or circumstances. Once on H-1, you are like anyone else. Your green card can be filed because you would already have waived your privileges and immunities.

G Visa Law

Submitted by admin on Apr 7th 2009


 8 CFR Sec. 214.2(g) Representatives to international organizations


 
(1) General. The determination by a consular officer prior to admission and the recognition by the Secretary of State subsequent to admission is evidence of the proper classification of a nonimmigrant under section 101(a)(15)(G) of the Act. An alien who has a nonimmigrant status under section 101(a)(15)(G)(i), (ii), (iii) or (iv) of the Act is to be admitted for the duration of the period for which the alien continues to be recognized by the Secretary of State as being entitled to that status. An alien defined in section 101(a)(15)(G)(v) of the Act is to be admitted for an initial period of not more than three years, and may be granted extensions of temporary stay in increments of not more than two years. In addition, the application for extension of temporary stay must be accompanied by a statement signed by the employing official stating that he or she intends to continue to employ the applicant and describing the type of work the applicant will perform. (TM 4/91)  


(2) Definition of G - 1, G - 3, or G - 4 dependent. For purposes of employment in the United States, the term "dependent" of a G - 1, G - 3, or G - 4 principal alien, as used in Sec. 214.2(g), means any of the following immediate members of the family habitually residing in the same household as the principal alien who is an officer or employee assigned to a mission, to an international organization, or is employed by an international organization in the United States:  

    (i) Spouse;  
  
    (ii) Unmarried children under the age of 21;      

    (iii) Unmarried sons or daughters under the age of 23 who are in full-time attendance as students at post-secondary educational institutions;      


    (iv) Unmarried sons or daughters under the age of 25 who are in full-time attendance as students at post-secondary educational institutions if a formal bilateral employment agreement permitting their employment in the United States was signed prior to November 21, 1988, and such bilateral employment agreement does not  specify 23 as the maximum age for employment of such sons and daughters. The Office of Protocol of the Department of State shall maintain a listing of foreign     states which the United States ha s such bilateral employment agreements. The provisions of this paragraph apply only to G-1 and G-3 dependents under certain bilateral agreements and are not applicable to G-4 dependents; and    
    (v) Unmarried sons or daughters who are physically or mentally disabled to the extent that they cannot adequately care for themselves or cannot establish, maintain  or re-establish their own households. The Department of State or the Service may require certification(s) as it deems sufficient to document such mental or physical disability. (TM 4/90)  


(3) Applicability of a formal bilateral agreement or an informal de facto arrangement for G - 1 and G - 3 dependents. The applicability of a formal bilateral agreement shall be based on the foreign state which employs the principal alien and not on the nationality of the principal alien or dependent. The applicability of an informal de facto arrangement shall be based on the foreign state which employs the principal alien, but under a de facto arrangement the principal alien also must be a national of the f oreign state which employs him or her in the United States. (TM 4/90)  

(4) Income tax, Social Security liability; non-applicability of certain immunities. Dependents who are granted employment authorization under this section are responsible for payment of all federal, state and local income, employment and related taxes and Social Security contributions on any remuneration received. In addition, immunity from civil or administrative jurisdiction in accordance with Article 37 of the Vienna Convention on Diplomatic Relations or other international agreements does not apply to t hese dependents with respect to matters arising out of their employment.  

(5) G - 1 and G - 3 dependent employment pursuant to formal bilateral employment agreements and informal de facto reciprocal arrangements, and G - 4 dependent employment.  
   
    (i) The Office of Protocol shall maintain a listing of foreign states which have entered into formal bilateral employment agreements. Dependents of a G - 1 or G - 3 principal alien assigned to official duty in the United States may accept or continue unrestricted employment based on such formal bilateral agreements, if the applicable agreement includes persons in G - 1 or G - 3 visa status, upon favorable recommendation by the Department of State and issuance of employment authorization documentation by the Service on accordance with 8 CFR part 274a . The application procedures are set forth in paragraph (g)(6) of this section.  
   
    (ii) For the purposes of this section, an informal de facto reciprocal arrangement exists when the Department of State determines that a foreign state allows appropriate employment on the local economy for dependents of certain United States officials assigned to duty in that foreign state. The Office of Protocol shall maintain a listing of countries with which such reciprocity exists. Dependents of a G - 1 or G - 3 principal alien assigned to official duty in the United States may be authorized to accept or continue in employment based upon informal de facto arrangements, and dependents of a G - 4 principal alien assigned to official duty in the United States may be authorized to accept or continue in employment upon favorable recommendation by the Department of State and issuance of employment authorization by the Service in accordance with 8 CFR part 274a . Additionally, the procedures set forth in paragraph (g)(6) of this section must be complied with, and the following conditions must be met:  
   
        (A) Both the principal alien and the dependent desiring employment are maintaining G - 1, G - 3, or G - 4 status as appropriate;      


        (B) The principal's assignment in the United States is expected to last more than six months;      


        (C) Employment of a similar nature for dependents of United States Government officials assigned to official duty in the foreign state employing the principal alien is not prohibited by that foreign government. The provisions of this paragraph apply only to G-1 and G-3 dependents;      


        (D) The proposed employment is not in an occupation listed in the Department of Labor Schedule B (20 CFR part 656), or otherwise determined by the Department of Labor to be one for which there is an oversupply of qualified U.S. workers in the area of proposed employment. This Schedule B restriction does not apply to a dependent son or daughter who is a full-time student if the employment is part-time, consisting of not more than 20 hours per week, and/or if it is temporary employment of not more than 12 weeks during school holiday periods; and      


        (E) The proposed employment is not contrary to the interest of the United States. Employment contrary to the interest of the United States includes, but is not limited to, the employment of G-1, G-3, or G-4 dependents: who have criminal records; who have violated United States immigration laws or regulations, or visa laws or regulations; who have worked illegally in the United States; and/or who cannot establish that they have paid taxes and social security on income from current or previous United States emp loyment. Additionally, the Department of State may determine a G-4 dependent's employment is contrary to the interest of the United States when the principal alien's country of nationality has one or more components of an international organization or international organizations within its borders and does not allow the employment of dependents of United States citizens employed by such component(s) or organization(s).  


(6) Application procedures. The following procedures are applicable to G-1 and G-3 dependent employment applications under bilateral agreements and de facto arrangements, as well as to G-4 dependent employment applications:  
   
    (i) The dependent must submit a completed Form I-566 to the Department of State through the office, mission, or organization which employs his or her principal alien. If the principal is assigned to or employed by the United Nations, the Form I-566 must be submitted to the U.S. Mission to the United Nations. All other applications must be submitted to the Office of Protocol of the Department of State. A dependent applying under paragraph (g)(2)(iii) or (iv) of this section must submit a certified statement from the post-secondary educational institution confirming that he or she is pursuing studies on a full-time basis. A dependent applying under paragraph (g)(2)(v) of this section must submit medical certification regarding his or her condition. The certification should identify the dependent and the certifying physician and give the physician's phone number; identify the condition, describe the symptons and provide a prognosis; certify that the dependent is unable to establish, re-establish, and maintain a home of his or her own. Additionally, a G-1 or G-3 dependent applying under the terms of a de facto arrangement or a G-4 dependent must attach a statement from the prospective employer which includes the dependent's name; a description of the position offered and the duties to be performed; the salary offered; and verification that the dependent possesses the qualifications for the position.      


    (ii) The Department of State reviews and verifies the information provided, makes its determination, and endorses the Form I-566.      


    (iii) If the Department of State's endorsement is favorable, the dependent may apply to the Service. A dependent whose principal alien is stationed at a post in Washington, DC, or New York City shall apply to the District Director, Washington, DC, or New York City, respectively. A dependent whose principal alien is stationed elsewhere shall apply to the District Director, Washington, DC, unless the Service, through the Department of State, directs the dependent to apply to the district director having jur isdiction over his or her place of residence. Directors of the regional service centers may have concurrent adjudicative authority for applications filed within their respective regions. When applying to the Service, the dependent must present his or her Form I-566 with a favorable endorsement from the Department of State and any additional documentation as may be required by the Attorney General.  


(7) Period of time for which employment may be authorized. If approved, an application to accept or continue employment under this section shall be granted in increments of not more than three years each.  


(8) No appeal. There shall be no appeal from a denial of permission to accept or continue employment under this section.   


(9) Dependents or family members of principal aliens classified G - 2 or G - 5. A dependent or family member of a principal alien classified G - 2 or G - 5 may not be employed in the United States under this section.   


(10) Unauthorized employment. An alien classified under section 101(a)(15)(G) of the Act who is not a principal alien and who engages in employment outside the scope of, or in a manner contrary to this section, may be considered in violation of section 241(a)(1)(C) (i) of the Act. An alien who is classified under section 101(a)(15)(G) of the Act who is a principal alien and who engages in employment outside the scope of his/her official position may be considered in violation of section 241(a)(1)(C)(i) of the Act.  

(11) Special provision. As of February 16, 1990, no new employment authorization will be granted and no pre-existing employment authorization will be extended for a G - 1 dependent absent an appropriate bilateral agreement or de facto arrangement. However, a G - 1 dependent who has been granted employment authorization by the Department of State prior to the effective date of this section and who meets the definition of dependent under Sec. 214.2(g)(2) (i), (ii), (iii) or (v) of this part but is not covered by the terms of a bilateral agreement or de facto arrangement may be allowed to continue in employment until whichever of the following occurs first:  
   
    (i) The employment authorization by the Department of State expires; or  
   
    (ii) He or she no longer qualifies as a dependent as that term is defined in this section; or      


    (iii) March 19, 1990.  


This information can be found in the Code of Federal Regulations.

G Visa Services and Fees

Submitted by admin on Feb 11th 2009

We are usually called upon by G visa holders for consultations. Click here to consult us.

G Visa Overview

Submitted by admin on Feb 1st 2009

International Organizations

The G nonimmigrant visa classification is for representatives of international organizations and their immediate (dependent) family members. To qualify for a G visa, the purpose of your intended travel to the United States must be pursuant to official duties. Permanent mission members of a recognized government to a designated international organization are eligible for a G-1 visa. Representatives of a recognized government traveling to the United States temporarily to attend meetings of a designated international organization are eligible for G-2 visas and representatives of non-recognized or non-member governments are eligible for G-3 visas. G-4 visas are issued to individuals who are proceeding to the United States to take up an appointment at a designated international organization, including the United Nations. See the listing of designated International Organizations by going to section 41.24 Exhibit I in the 9 FAM. Please note that U.S. visa law indicates that if a visa applicant is entitled to a G visa as a principal or dependent, he or she must receive a G visa. The exceptions to this rule are extremely limited.

NATO

An applicant is classified under the symbol NATO-1, NATO-2, NATO-3, NATO-4, NATO-5, or NATO-6 if seeking admission to the United States under the applicable provision of the Agreement on the Status of the North Atlantic Treaty Organization or the Protocol on the Status of International Military Headquarters Set Up Pursuant to the North Atlantic Treaty. This includes national representatives, international staff and immediate family members of an individual classified NATO-1 through NATO-6. Please note that U.S. visa law indicates that if a visa applicant is entitled to a NATO visa as a principal or dependent, he or she must receive a NATO visa. The exceptions to this rule are extremely limited.

 

However, many armed forces personnel are exempt from passport and visa requirements if they are either attached to NATO Allied Headquarters in the United States and are traveling on official business, or are entering the United States under the NATO Status of Forces Agreement. In the latter case, you must carry official military ID cards and NATO travel orders. When traveling in exempt status, such personnel would generally be entering the United States by military aircraft or naval vessel.

How to Apply - Required Documentation

As part of the visa application process, when applying abroad, an interview at the embassy consular section is required for most visa applicants. For those applying for G-1, G-2, G-3, G-4, NATO-1, NATO-2, NATO-3, NATO-4, NATO-5 and NATO-6 visas, embassies and consulates generally do not require an interview; however, a consular officer can request an interview. Additionally, G1-4 and NATO1-6 visa applicants are exempt from the fingerprint scan requirement.

 

Personal employees, attendants and servants of G and NATO visa holders, that is, applicants for G-5 and NATO-7 visas, are required to be interviewed. Additionally, as part of the visa interview, an ink-free, digital fingerprint scan will be quickly completed.

 

Please contact the embassy or consulate in your home country for more information. Visa application forms should be delivered to the embassy or consulate in the country in which you are a resident. Each applicant and any accompanying persons, must submit the forms and documentation as explained below:

  • An application, Nonimmigrant Visa Application, Form DS-156, signed and completed. The DS-156 must be the March 2006 date, electronic "e-form application." Select Nonimmigrant Visa Application Form DS-156 to access the electronic version of the DS-156.
  • An application for A, G, and NATO Visa, Form DS-1648 (ONLY for G1-4 and NATO1-6 visa applicants applying in the U.S., including in cases of change of status, or those working at the United Nations, the DS-1648 should be submitted, not the DS-156). This application must be completed and submitted online by selecting DS-1648 Online: New Application for A, G, or NATO Visa (Applying in the United States only), and then submitting the confirmation page generated at the end of the application, affixed with the Embassy, mission, or organization seal. The non-electronic form DS-1648 is NOT accepted.
  • A supplemental Nonimmigrant Visa Application, Form DS-157, which provides additional information about your travel. G-1, G-2, G-3, and G-4 visa applicants are not required to complete the Form DS-157. Here is the Form DS-157.
  • A diplomatic note. The diplomatic note is written confirmation by the sending government of the applicant's status. A-3, G-5 and NATO-7 applicants must have a diplomatic note included with their applications to confirm the official status of employers. If entering the U.S. without a visa under the NATO Status of Forces Agreement or the Protocol on the Status of International Military Headquarters Set Up Pursuant to the North Atlantic Treaty, you must carry official military ID cards and NATO travel orders.
  • A passport valid for travel to the United States and with a validity date at least six months beyond the applicant's intended period of stay in the United States (unless country-specific agreements provide exemptions).
  • One photograph - For Online Application DS-1648, you will upload either a scanned or digital photograph meeting the format requirements explained in the Photo Standards Guide for the Online Application DS-1648. If the photo upload function fails, continue trying to upload until the application allows you to proceed without a photo. Then, submit one print photograph meeting requirements, stapled or glued to the online DS-1648 confirmation page ONLY if the confirmation page has an X in the box where the uploaded photo should appear. See the print photo format found in the Nonimmigrant Photograph Requirements. If the confirmation page includes a photo image, then the photo upload function has succeeded and no separate print photograph is required.
  • Copy of both the visa for the principal visa holder and the I-94 (copy both front and back). Only required for an immediate family member applying separate from the principal visa applicant.


Visa Processing and Issuance Fees

Individuals who establish entitlement to an official visa classification (e.g., A, G, C-3, NATO) are exempt from paying visa fees. Additionally, individuals holding diplomatic passports may also be exempt from visa fees regardless of visa classification and purpose of travel, if they meet one of the qualifying categories defined in 22 CFR 21.26 (c)(1)(i) through (xvi). Possession of a diplomatic passport or the equivalent is not by itself sufficient to qualify for a no-fee diplomatic visa. The consular officer will make the determination whether the visa applicant qualifies for an exemption of fees under U.S. immigration laws. Official passport holders are not charged for official visas, but are required to pay visa application and reciprocal issuance fees, if applicable, for all non-official visas.

  • Copy of both the visa and I-94 (both front and back) for the principal visa holder required for an immediate family member or other dependent applying separate from the principal visa applicant.


Immediate Family Members

Immediate family members are defined as the spouse and unmarried sons and daughters of any age who are members of the household, even if studying in a different location. Application procedures are the same as for the principal applicant. If accompanying or following to join a military member on NATO travel orders, the spouse and children should apply for NATO-2 visas. If accompanying a G visa holder spouse on travel, the spouse and children must apply for the same classification of G visa. An unmarried partner, even if recognized as the principal applicant's dependent by the sending government or international organization, would not be eligible for a derivative visa (G or NATO), but may apply for a B visa, if otherwise qualified. B visa applicants are required to pay visa application and reciprocal issuance fees, if applicable.


Personal Employees

Personal employees, attendants, domestic workers, or servants of individuals who hold a valid G-1 through G-4, or NATO-1 through NATO-6 visa, may be issued a G-5 or a NATO-7 visa, if they meet the requirements. As part of the application process, an interview at the embassy or consulate is required. Proof that the applicant will receive a fair wage, sufficient to financially support himself/herself, comparable to that being offered in the area of employment in the U.S. is required. In addition, the applicant needs to demonstrate that he/she will perform the contracted employment duties. The consular officer will determine eligibility for the G-5 or NATO-7 visa. Applicants for G-5 and NATO-7 visas must apply outside the United States.


To apply for a G-5 or NATO-7 visa, the visa applicant must submit each of the items explained in the How to Apply - Required Documentation section above, as well as the following.


Employment Contract signed by both the employer and the employee. The contract must include each of the following items:

  • The contract must be in English and also in a language understood by the employee to ensure the employee understands his or her duties and rights regarding salary and working conditions;
  • A guarantee the employee will be compensated at the state or federal minimum or prevailing wage, whichever is greater. Any money deducted for food or lodging, is limited to that which is considered reasonable. (Note: Fair prevailing wage is determined by the consular officer using the Department of Labor Alien Labor Certification/Occupational Employment Survey prevailing wage statistics by occupation and metropolitan area.);
  • A statement by the employee, promising not to accept any other employment while working for the employer;
  • A statement by the employer, promising to not withhold the passport of the employee; and
  • A statement indicating that both parties understand that the employee cannot be required to remain on the premises after working hours without compensation.

 

The employer must pay the domestic's initial travel expenses to the United States, and subsequently to the employer's onward assignment, or to the employee's country of normal residence at the termination of the assignment.

 

The employer must demonstrate that he or she will have sufficient funds to provide a fair wage and working conditions, as reflected in the contract. Consideration is also given to the number of employees an employer would reasonably be able to pay.


Important Notices - for Employers and Personal Employees/Domestic Workers - Personal employees are advised to keep their passport and a copy of their contract in their possession. They should not surrender their contract and/or passport to their employer. Personal employees and domestic workers are advised that they will be subject to U.S. law while in the United States, and that their contracts provide working arrangements that the employer is expected to respect.

 

The U.S. Government considers "involuntary servitude" of domestic workers, as defined under the Trafficking Victims Protection Act (TVPA), to be a severe form of trafficking in persons (TIP) and a serious criminal offense. Victims of involuntary servitude are offered protection under the TVPA. "The term 'involuntary servitude' includes a condition of servitude induced by means of any scheme, plan, or pattern intended to cause a person to believe that, if the person did not enter into or continue in such condition, that person or another person would suffer serious harm or physical restraints, or the abuse or threatened abuse of the legal process." The U.S. Government maintains a telephone hotline for reporting abuse of domestic employees and other TIP-related crimes, 1-888-373-7888.


Entering the U.S. - Port of Entry

Applicants should be aware that a visa does not guarantee entry into the United States. The visa allows a foreign citizen to travel to a port of entry in the United States, such as an international airport, a seaport or a land border crossing, and request permission to enter the U.S. Immigration inspectors with the Department of Homeland Security's, Customs and Border Protection, will permit or deny admission to the United States, and determine the permitted length of stay in the U.S., on any particular visit. Visa holders whose visas indicate port of entry restrictions are responsible for paying close attention to those restrictions, and risk being refused entry if they attempt to enter the United States at a port of entry that has not been authorized. Upon arrival, G-5 and NATO-7 visa holders will be enrolled in the US-VISIT entry-exit program. G1-4 and NATO1-6 visa holders are exempt from entry into the US-VISIT program. In addition, some G-5 and NATO-7 travelers will also need to register their entry into the U.S. and departure. Select Special Registration to learn more. If allowed to enter, the U.S. immigration official will authorize the traveler's admission to the U.S. with a Form I-94, Record of Arrival-Departure. The Form I-94 documents authorized stay in the U.S. and notes the length of stay permitted; it is very important to keep the Form I-94 in one's passport.

 

Government Links
 

This section focuses on articles and reports related to A, G and NATO Visa from government agencies such as the USCIS, DOS, DHS, CBP and ICE.

  1. Sec. 214.2(s) NATO Nonimmigrant aliens -- USCIS
  2. Employees of International Organizations and NATO- DOS
  3. Department of Homeland Security (DHS) - Applicants should be aware that a visa does not guarantee entry into the United States. The visa allows a foreign citizen to travel to a port-of-entry in the United States, such as an international airport, a seaport or a land border crossing, and request permission to enter the U.S. Immigration inspectors with the Department of Homeland Security's, Customs and Border Protection, will permit or deny admission to the United States, and determine your length of stay in the U.S. on any particular visit. Upon arrival, G-5 and NATO-7 visa holders will be enrolled in the US-VISIT entry-exit program.
  4. Bureau of Customs and Border Protection (CBP) - To find out more detailed information about admissions and entry in the U.S., select Admissions to go to the Department of Homeland Security, Bureau of Customs and Border Protection Internet site.
  5. Bureau of Immigration and Customs Enforcement (ICE)- G1-4 and NATO 1-6 visa holders are exempt from entry into the US-VISIT program. In addition, some G-5 and NATO-7 travelers will also need to register their entry into the U.S. and departure. Select Special Registration program.
  6. Embassy's Consular Section Website- As part of the visa application process, an interview at the embassy consular section is required for most visa applicants. For those applying for G-1, G-2, G-3, G-4, NATO-1, NATO-2, NATO-3, NATO-4, NATO-5 and NATO-6 visas, embassies and consulates generally do not require an interview; however, a consular officer can request an interview. Additionally, G1-4 and NATO1-6 visa applicants are exempt from the fingerprint scan requirement. Personal employees, attendants and servants of G and NATO visa holders, that is, applicants for G-5 and NATO-7 visas, are required to be interviewed. Additionally, as part of the visa interview, a quick, two-digit, ink-free fingerprint scan will be completed. Please contact the embassy or consulate in your home country for more information. Visa application forms should be delivered to the embassy or consulate in the country in which you are a resident.

     

 

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