A-3 Visa & Status
What you need to know about the A-2 status
The Secretary of State must accept A-2 applicants. A-2 visas are given based on reciprocity 8 U.S.C. §1101(a)(15)(A). Although one may possess an A-Visa, they are not automatically considered a diplomat.
The issuance of an A status is prima facie eligibility under INA §101(a)(15)(A), 8 U.S.C. §1101(a)(15)(A), but it is subject to Secretary of State accepting credentials and one is admitted for duration of the status.
However, the A-3 status follows a separate procedure as it is for personal employee of A-1/A-2. Therefore the should be noted:
- The employer must be in valid A-1/A-2 status for applicant to receive A-3. 9;
- One must be admissible, which means that they are subject to all grounds of inadmissibility except one cannot be subject to being an intending immigrant under INA §214(b). 9 FAM 41.22 N.4.4(c). A visa is not issued to persona non grata 22 C.F.R. §41.21(d)(1).
- One must prove admissibility. Consequently, if the consular officer believes a person is seeking A-3 but intends to work for someone else or in a position other than as a personal employee of the A-1/A-2, he may deny the visa on INA §214(b) or INA §212(a)(6)(C) grounds.
- No prior domestic experience is needed.
- Admission is granted for 3 and 2 year periods.
- Family members of A-3 are not allowed employment, except spouses battered or subjected to extreme cruelty are eligible for work authorization. Authorization is to be filed with the Vermont Service Center unit that adjudicates VAWA self-petitions, U and T visas.