Effective immediately, U.S. Embassies and Consulates will adjudicate visa applications that are based on a same-sex marriage in the same way that we adjudicate applications for opposite gender spouses. Please reference the specific guidance on the visa category for which you are applying for more details on documentation required for derivative spouses. For further information, please see our FAQ’s.
If you are a diplomat or government official who is physically present in the United States on assignment:
Requesting to renew (reapply for) your visa or that of an immediate family member, select Renewing an A-1 or A-2 Visa in the United States to learn more. A-3 visa holders must reapply for their visas outside the United States.
Requesting to change status into or out of A status, select Change of Status to/from A,G, NATO to learn more.
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. With the exception of a Head of State or Government -- who qualifies for an A visa regardless of the purpose of travel -- your position within your country’s government and your purpose of travel determine whether you need an A-1 or A-2 visa. Immediate family members of diplomats and government officials receive A-1 or A-2 visas, with few exceptions. Personal employees, attendants, or domestic workers for diplomats and government officials (holding a valid A-1 or A-2 visa) may be issued A-3 visas.
To qualify for an A-1 or A-2 visa, you must be traveling to the United States on behalf of your national government to engage solely in official activities for that government. The specific duties or services that will be performed must be governmental in character or nature, as determined by the U.S. Department of State, in accordance with U.S. immigration laws. Government officials traveling to the United States to perform non-governmental functions of a commercial nature, or traveling as tourists, require the appropriate visas and do not qualify for A visas. The fact that there may be government interest or control in a given organization is not in itself the defining factor in determining if you qualify for an A visa.
There are several steps to apply for a visa. The order of these steps and how you complete them may vary at the U.S. Embassy or Consulate where you apply. Please consult the instructions available on the embassy or consulate website where you will apply.
As part of the visa application process, an interview at the U.S. Embassy or Consulate is required for most visa applicants applying abroad. Embassies and consulates generally do not require interviews for those applying for A-1 and A-2 visas, although a consular officer can request an interview.
Personal employees, domestic workers, and attendants of A-1 or A-2 visa holders applying for A-3 visas are required to be interviewed. Review information in the Personal Employees section below.
All applicants for A visas should gather and deliver the following required documents to the U.S. Embassy or Consulate in your home country:
Review the instructions for how to apply for a visa on the website of the embassy or consulate where you will apply. Additional documents may be requested to establish if you are qualified.
Individuals who qualify for an official visa classification ( A, G, C-3, NATO) are exempt from paying visa fees.
More About Visa Fees - 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. 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.
Visa application procedures for your immediate family members are the same as for you. Important Notice: Effective immediately, U.S. embassies and consulates will adjudicate visa applications that are based on a same-sex marriage in the same way that we adjudicate applications for opposite gender spouses.
Immediate family members are defined as the spouse and unmarried sons and daughters of any age who are members of your household, even if studying in a different location. An immediate family member may also be a person who will reside regularly in your household, is not a member of some other household, and is recognized as your immediate family member by the sending Government, as demonstrated by eligibility for rights and benefits, such as the issuance of a diplomatic or official passport or travel and other allowances.
In addition to a spouse and unmarried sons and daughters, immediate family members who may qualify to receive A-category visas include:
The term "domestic partner" means a same-sex domestic partner. Domestic partners may be issued A-category visas if the sending country would provide reciprocal treatment to domestic partners of U.S. diplomats and government officials in that country.
A family member who does not qualify as immediate family, as described above, may qualify for a visitor (B-2) visa. Visitor visa applicants are required to pay visa application and issuance fees, if applicable.
Personal employees, attendants, domestic workers, or servants of individuals who hold a valid A-1 or A-2 visa may be issued an A-3 visa, if they meet the requirements in 9 FAM 402.3-5(C). 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, 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 A-3 visa. Applicants for A-3 visas must apply outside the United States.
If the employer does not carry the diplomatic rank of Minister or higher or hold a position equivalent to Minister or higher, 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.
To apply for an A-3 visa, the visa applicant must submit each of the items explained in the How to Apply: A-3 Visas section below, as well as the following.
The employment contract must be in English and, if the employee does not understand English, also in a language the employee understands.
Employment Contract signed by both the employer and the employee which must include each of the following items:
Personal employees are advised to keep their passport and a copy of their contract in their possession. They should not surrender their contract and passport to their employer under any circumstances. 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.
Recent changes to U.S. law relate to the legal rights of certain employment-based nonimmigrants under Federal immigration, labor, and employment laws, and the information to be provided about protections and available resources. As a temporary visitor to the U.S., it is important that you are aware of your rights, as well as protections and resources available when you come to work or study here. Before your interview, review the Nonimmigrant Rights, Protections and Resources pamphlet and learn about additional information on our webpage.
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." While in the U.S., domestic workers are advised that the telephone number for police and emergency services is 911, and that the U.S. Government maintains a telephone hotline for reporting abuse of domestic employees and other TIP-related crimes, 1-888-373-7888.
There are several steps to apply for a visa. The order of these steps and how you complete them may vary at the U.S. embassy or consulate where you apply. As part of the application process, an interview at a U.S. Embassy or Consulate outside the United States is required. The employer and/or recruitment agent does not attend the interview.
You must schedule an appointment for your visa interview at the U.S. Embassy or Consulate in your home country. Please consult the instructions available on the embassy or consulate website.
Visa applicants for A-3 visas must submit each of the items explained in this webpage and How to Apply sections including:
During your visa interview, a consular officer will determine whether you are qualified to receive a visa based on your purpose of travel. You must establish that you meet the requirements under U.S. law to receive an A-3 visa.
Ink-free, digital fingerprint scans will be taken as part of your application process. They are usually taken during your interview, but this varies based on location.
After your visa interview, your application may require further administrative processing. You will be informed by the consular officer if further processing is necessary for your application.
If the visa is approved, you will be informed how your passport with visa will be returned to you.
Personal employees should keep their passport and a copy of their contract in their possession. They should not surrender their contract and passport to their employer under any circumstances. Personal employees should understand that their contracts provide working arrangements that the employer is expected to respect.
Recent changes to U.S. law relate to the legal rights of certain employment-based nonimmigrants under Federal immigration, labor, and employment laws and the information to be provided about protections and available resources. Employers, as well as personal employees, should review the Nonimmigrant Rights, Protections and Resources pamphlet explained above.
Personal employees and domestic workers should understand that they must follow U.S. laws while in the United States.
Select Change of Status to learn about:
Attempting to obtain a visa by the willful misrepresentation of a material fact, or fraud, may result in the permanent refusal of a visa or denial of entry into the United States.
Review Ineligibilities for U.S. Visas.
For the Following Services:
|A, G, and NATO visas
(except for the UN community)
Diplomatic Liaison Division
G visas for members of the UN community
|U.S. Mission to the UN