Jump to:

G Visa

DOS Publishes Final Rule on Visa Classification of Immediate Family Members as G Nonimmigrants

[Federal Register Volume 78, Number 108 (Wednesday, June 5, 2013)]
[Rules and Regulations]
[Pages 33699-33700]
From the Federal Register Online via the Government Printing Office [www.gpo.gov<</a>]
[FR Doc No: 2013-13315]
DEPARTMENT OF STATE

22 CFR Part 41

[Public Notice 8348]
RIN 1400-AD21

Visas: Classification of Immediate Family Members as G
Nonimmigrants

AGENCY: State Department.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This rule permits qualified immediate family members of A-1 or
A-2 nonimmigrants to be independently classified as G-1, G-2, G-3, or
G-4 nonimmigrants. It also clarifies that immediate family members of
G-1, G-2, G-3, and G-4 nonimmigrants who have employment authorization
may remain in G classification upon gaining employment that would
otherwise allow them to change status to A classification. This rule is
being promulgated to allow family members of employees of bilateral
missions to work at international organizations in a visa status that
reflects their position with the international organization.

DATES: This rule is effective June 5, 2013.

FOR FURTHER INFORMATION CONTACT: Lauren A. Prosnik, Legislation and
Regulations Division, Visa Services, Department of State, 2401 E Street
NW., Room L-603D, Washington, DC 20520-0106, (202) 663-1260.

SUPPLEMENTARY INFORMATION:

Why is the Department promulgating this rule?

Currently, 22 CFR 41.22(b) requires that an alien entitled to
classification as an A-1 or A-2 nonimmigrant must be classified as
such, even those who are also eligible for another nonimmigrant
classification. This rule will allow an A-1 or A-2 derivative applicant
who works for an international organization to be classified as G-1, G-
2, G-3, or G-4 nonimmigrant.
Additionally, this rule amends 22 CFR 41.24(b)(4) to clarify that
an immediate family member of a principal alien classifiable G-1 or G-
2, G-3 or G-4 who has employment authorization may maintain G
classification, even if employment obtained after entry would allow
them to be classified under INA 101(a)(15)(A).
With this change, family members of diplomats assigned to the
United States will be able to accept employment with international
organizations and obtain visas that reflect their status as employees
of such organizations, rather than as diplomatic dependents. Inability
to obtain G visas has posed an impediment to the employment of some
individuals in this category.

Regulatory Findings

Administrative Procedure Act

This regulation involves a foreign affairs function of the United
States and, therefore, in accordance with 5 U.S.C. 553(a)(1), is not
subject to the rulemaking procedures set forth at 5 U.S.C. 553.

Regulatory Flexibility Act/Executive Order 13272: Small Business

Because this final rule is exempt from notice and comment
rulemaking under 5 U.S.C. 553, it is exempt from the regulatory
flexibility analysis requirements set forth by the Regulatory
Flexibility Act (5 U.S.C. 603 and 604). Nonetheless, consistent with
the Regulatory Flexibility Act (5 U.S.C. 605(b)), the Department
certifies that this rule will not have a significant economic impact on
a substantial number of small entities.

Unfunded Mandates Reform Act of 1995

Section 202 of the Unfunded Mandates Reform Act of 1995, 2 U.S.C.
1532, generally requires agencies to prepare a statement before
proposing any rule that may result in an annual expenditure of $100
million or more by State, local, or tribal governments, or by the
private sector. This rule will not result in any such expenditure, nor
will it significantly or uniquely affect small governments.

Small Business Regulatory Enforcement Fairness Act of 1996

This rule is not a major rule as defined by 5 U.S.C. 804. This rule
will not result in an annual effect on the economy of $100 million or
more; a major increase in costs or prices; or adverse effects on
competition, employment, investment, productivity, innovation, or the
ability of United States-based companies to compete with foreign-based
companies in domestic and import markets.

Executive Order 12866

The Department of State has reviewed this rule to ensure its
consistency with the regulatory philosophy and principles set forth in
Executive Order 12866 and has determined that the benefits of this
regulation outweigh any cost. The Department does not consider this
rule to be an economically significant action within the scope of
section 3(f)(1) of the Executive Order since it is not likely to have
an annual effect on the economy of $100 million or more or to adversely
affect in a material way the economy, a sector of the economy,
competition, jobs, the environment, public health or safety, or State,
local or tribal governments or communities.

Executive Orders 12372 and 13132: Federalism

This regulation will not have substantial direct effects on the
States, on the relationship between the national government and the
States, or the distribution of power and responsibilities among the
various levels of government. The rule will not have federalism
implications warranting the application of Executive Orders 12372 and
13132.

[[Page 33700]]

Executive Order 12988: Civil Justice Reform

The Department has reviewed the regulation in light of sections
3(a) and 3(b)(2) of Executive Order 12988 to eliminate ambiguity,
minimize litigation, establish clear legal standards, and reduce
burden.

Executive Order 13563: Improving Regulation and Regulatory Review

The Department has considered this rule in light of Executive Order
13563, dated January 18, 2011, and affirms that this regulation is
consistent with the guidance therein.

Paperwork Reduction Act

This rule does not impose information collection requirements under
the provisions of the Paperwork Reduction Act, 44 U.S.C. Chapter 35.

List of Subjects in 22 CFR Part 41

Aliens, Documentation of nonimmigrants, Foreign officials,
Immigration, Passports and Visas.

For the reasons stated in the preamble, the Department of State
amends 22 CFR part 41 to read as follows:

PART 41--[AMENDED]

0
1. The authority citation for Part 41 continues to read as follows:

Authority: 8 U.S.C. 1104; Pub. L. 105-277, 112 Stat. 2681-795
through 2681-801; 8 U.S.C. 1185 note (section 7209 of Pub. L. 108-
458, as amended by section 546 of Pub. L. 109-295).

0
2. Section 41.22 is amended by revising paragraphs (a) and (b) to read
as follows:

Sec. 41.22 Officials of foreign governments.

(a) Criteria for classification of foreign government officials.
(1) An alien is classifiable A-1 or A-2 under INA section 101(a)(15)(A)
(i) or (ii) if the principal alien:
(i) Has been accredited by a foreign government recognized de jure
by the United States;
(ii) Intends to engage solely in official activities for that
foreign government while in the United States; and
(iii) Has been accepted by the President, the Secretary of State,
or a consular officer acting on behalf of the Secretary of State.
(2) A member of the immediate family of a principal alien is
classifiable A-1 or A-2 under INA section 101(a)(15)(A)(i) or (ii) if
the principal alien is so classified.
(b) Classification under INA section 101(a)(15)(A). An alien
entitled to classification under INA section 101(a)(15)(A) shall be
classified under this section even if eligible for another nonimmigrant
classification. An exception may be made where an immediate family
member classifiable as A-1 or A-2 under paragraph (a)(2) of this
section is also independently classifiable as a principal under INA
section 101(a)(15)(G)(i), (ii), (iii), or (iv).
* * * * *

0
3. Section 41.24 is amended by revising paragraph (b) to read as
follows:

Sec. 41.24 International organization aliens.

* * * * *
(b) Aliens coming to international organizations. (1) An alien is
classifiable under INA 101(a)(15)(G) if the consular officer is
satisfied that the alien is within one of the classes described in that
section and seeks to enter or transit the United States in pursuance of
official duties. If the purpose of the entry or transit is other than
pursuance of official duties, the alien is not classifiable under INA
section 101(a)(15)(G).
(2) An alien applying for a visa under the provisions of INA
section 101(a)(15)(G) may not be refused solely on the grounds that the
applicant is not a national of the country whose government the
applicant represents.
(3) An alien seeking to enter the United States as a foreign
government representative to an international organization, who is also
proceeding to the United States on official business as a foreign
government official within the meaning of INA section 101(a)(15)(A),
shall be issued a visa under that section, if otherwise qualified.
(4) An alien not classified under INA section 101(a)(15)(A) but
entitled to classification under INA section 101(a)(15)(G) shall be
classified under the latter section, even if also eligible for another
nonimmigrant classification. An alien classified under INA section
101(a)(15)(G) as an immediate family member of a principal alien
classifiable G-1 or G-2, G-3 or G-4, may continue to be so classified
even if he or she obtains employment subsequent to his or her initial
entry into the United States that would allow classification under INA
section 101(a)(15)(A). Such alien shall not be classified in a category
other than A or G, even if also eligible for another nonimmigrant
classification.
* * * * *

Dated: May 2, 2013.
Janice L. Jacobs,
Assistant Secretary for Consular Affairs, Department of State.
[FR Doc. 2013-13315 Filed 6-4-13; 8:45 am]
BILLING CODE 4710-06-P

Can You Do Business in USA on your current Visa?

Can You Do Business In the USA on Your Current Visa?

Hello, everyone.  This is Rajiv S. Khanna for the Law Offices of Rajiv S. Khanna, P.C, immigration.com

You can post comments and questions on immigration.com.  I usually respond within three or four days, sometimes a week.  I’m going to answer one of the questions someone asked us on immigration.com. 

Can I start a business on an H-1 visa?

The bottom line is yes, as long as you are in a situation where, even though you are working for your own company, somebody in the company can file.  It must be a true employer/employee relationship.  How does that work?  What if you have a board of directors or if you have a CEO to whom you report, even though you are a stockholder or maybe even you even have majority of stock in the company, but somebody in the company can file, you’re okay.  USCIS has indicated that is their present stance.  You must have an employer/employee relationship if you want to be able to start your own business on H-1.

In addition to that, remember H-1 is for a specific employer.  So if you want to have a concurrent employment with your own company or you want to change companies and go over full time to your own company, you can do that, but you have to process a H-1, either a concurrent H-1 or a successive H-1.  One of the things you need to remember is, if you own majority stock in the company, or if you have influence over the management of the company, it will be very difficult if not impossible for you to do a Green Card through PERM through your own company.

Where does that leave us?  There’s a whole history behind this H-1.  I won’t go through the history.  USCIS has gone up and down.  “You can do it.”  “You cannot do it.”  There is a whole history behind this.  But the bottom line today is, you can do it, but it definitely requires some in-depth consulting with a lawyer.  Make sure you are not getting into a situation which is going to hurt your stance.

Here is another question I get asked. 

I have an EAD through 485.  Can I now start my business?

Sure.  On the side, you can, as long as you don’t leave your current job.  But, remember, you will then no longer be on H-1.  You will be on EAD if you start working for your own company.

I actually have a whole list of visas.

Can I do business on E-2?

Yes, of course.  E-2 visas, which are treaty investor visas, are meant to do business.  E-1, treaty trader, the same thing.  But only a few countries in the world have a treaty with the United States to do E-1/E-2 visas, so you have to make sure that the country you come from has that.

If I’m here on a tourist visa or a B-1, which is called a business visa, can I do business?

The answer is, you can negotiate contracts, you can shake hands, and you can even set up a company, but, if you actively participate in business, you are violating the terms of B visa.  B-1, which is the business visa, is a misnomer.  You start thinking, I have business visa; maybe I can start a business.  But you can’t do it on B-1.

Can I start a business on F-1 visa?

Of course not.  You are a student.

What if I am on my optional practical training and I have my F-1 EAD? 

Maybe, but only for the time you have the EAD.  Again, that is something to be explored.  Don’t just jump into it.  Make sure you understand the ramifications of what you’re doing.

What about on a G visa?

On G-4, of course, the primary applicant of G-4 is engaged in working for a multinational organization such as the World Bank or the IMF.  They cannot do business, but what about their dependents?  I haven’t looked into it specifically.  I suspect that they can, because they do get an EAD and that EAD is not confined to a specific purpose, but I would have to check on that.  I’m just speaking off the top of my head.  I was primarily answering the H-1 question, but I want to share with you what I know.  So, G-4, probably yes. 

H-4?  Absolutely not. 

H-1?  As long as you can be fired. 

I visa?  No. 

J-2 visa?  Yes, as long as you have an EAD.  

K visa?  K visas are all work authorized, so, yes, you can do business. 

L-1?  No, because you’re working for a company.   

L-2?  Yes, because you get an EAD. 

M Visa?  No.

I went through the whole gamut, just to give you a rough idea; more so, to sensitize you to who can and who cannot do business.

Thank you for listening.

G-4 to H1B

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


 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

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

G Visa Overview

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<</a> 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<</a> 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:

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<</a> (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<</a> 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<</a> 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<</a> 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<</a> -- USCIS
  2. Employees of International Organizations and NATO<</a>- DOS<</strong>
  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<</a> 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<</a> 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<</a> 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<</a> 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.
Rajiv S. Khanna says:
Date Posted : 04-06-2013

Nonimmigrant Visas
Green Cards
Common Topics
Professions