Diplomatic visa

Through a US diplomatic visa, diplomats, officials and other employees of foreign governments can enter the United States to carry out their official activities.

The process to obtain one of these visas can be complex and requires meeting specific requirements. That’s why the immigration lawyers in Los Angeles at Lluis Law can guide you through every step to avoid delays or complications. 

What is a Type A diplomatic visa in the United States?

The Type A diplomatic visa is a US visa intended for: 

• Diplomats; 
• Foreign government officials;
• Embassy and consulate staff; and
• Family members and personal employees of type A visa holders.

This visa allows entry into the United States exclusively to carry out official activities representing the country of origin.

Types of diplomatic visas in the United States

Type A diplomatic visas are divided into three categories:

• A-1 visa: For heads of state or government, ambassadors, ministers, diplomats, and certain senior government officials entering the US to perform official duties.
• A-2 visa: Addressed to other government officials and employees working in embassies, consulates or official representations, including designated foreign military personnel.
• A-3 visa: Intended for assistants, domestic employees, and personal employees of A-1 or A-2 visa holders.

Note: Immediate relatives of A-1 and A-2 visa holders may obtain the same visa classification.

What documents are needed to apply for a diplomatic visa? 

Generally, the following documents are required to apply for a Type A diplomatic visa:

• Valid passport;
• Confirmation page of Form DS-160 (one for each applicant);
• Recent photograph (5 x 5 cm, white background, looking straight ahead, without glasses);
• Diplomatic or verbal note from the Foreign Diplomatic Mission or the corresponding Ministry of Foreign Affairs, including:
  • Name and date of birth of the applicant.
  • Position held.
  • Purpose of the trip and duties to be performed.
  • Destination, anticipated travel date and length of stay.
  • Information about dependents or family members who will accompany the applicant.

Note: These are just the general requirements. For details or additional requirements, we recommend that you contact our immigration attorneys.

What are the requirements to apply for an A-3 visa?

Personal employees, assistants, and domestic workers of persons with A-1 or A-2 visas may apply for an A-3 visa if they meet certain requirements. To obtain one, they must: 

• Have an interview at the embassy or consulate, 
• Submit a written contract showing that they will receive minimum wage and working conditions in accordance with US law, and 
• Prove that they will perform the contracted work tasks.

It is crucial for domestic workers on A-3 visas to keep their passport and a copy of their employment contract while in the US and to be aware of their labor rights.

Tips to keep in mind about the A-3 visa

If you are a personal employee or household worker in the US please note the following:

• Keep your documents: Keep your passport and a copy of your employment contract. Your employer cannot retain these documents.
• Comply with the law: Both you and your employer must follow US labor laws.
• You will have legal protections: The US protects immigrants’ rights against labor abuse and exploitation. The law also prohibits involuntary servitude and makes violation of it a serious crime.

Note: A-3 visa applicants must complete the online visa application, gather the required documentation, and obtain an English-language employment contract signed by them and their employer. If the applicant does not understand English, a translation must be provided to ensure that the applicants understand their employment rights. 

How to apply for a US diplomatic visa?

To apply for a diplomatic visa, follow these steps:

1. Send the diplomatic note and Form DS-160 to the Official Visa Office email to request your in-person appointment at the embassy.
2. Once they receive the documents and analyze the case, an appointment will be scheduled for you. They will respond with the date and time to attend the embassy with the required documentation.

The estimated processing time will depend on the timely submission of documents and may be subject to administrative procedures. 

The process generally takes around 5 business days if the case meets all the requirements. We recommend applying for the visa at least 20 days before your trip.

What other options do I have if I do not qualify for a type A visa?

If you do not qualify for a Type A visa, there are other options depending on the purpose of your trip. For example, if your trip is for non-governmental functions, business in nature, or tourism, you may consider applying for one of the following visas: 

• H-1B; 
• L-1; 
• B-1; or 
• B-2, as applicable. 

You may also qualify for visa-free travel under an ESTA authorization.

How long can I stay in the United States with a Type A diplomatic visa?

Typically, the maximum length of stay in the US on a Type A visa is 90 days. This is assumed to be sufficient to perform relevant diplomatic or governmental functions. 

Can the duration of a Type A diplomatic visa be extended?

A-1 and A-2 diplomatic visas can be renewed in the United States if certain specific criteria are met. 

However, A-3 visas cannot be renewed in the US and must therefore be applied for at a US embassy or consulate abroad.

Frequently asked questions about the diplomatic visa type A

What can’t you do with a diplomatic visa?

Holders of a type A diplomatic visa cannot use it for non-official activities, such as tourism or business matters. 

Therefore, if a government official wishes to travel to the US for personal reasons, he or she must apply for the appropriate visa. For example, such as the US tourist visa.

Can I change my visa if I have a diplomatic one?

• It is possible to change visas if you have a type A visa.
• This means that if you leave your official assignment but wish to remain in the United States, you will need to apply for a change of immigration status. 
• This includes changing to another nonimmigrant status based on your new situation.

For advice on your specific case, contact our immigration attorneys in Los Angeles.

How much does it cost to apply for a Type A diplomatic visa?

The diplomatic visa is free of charge for those who qualify, as they are exempt from paying visa fees. 

Additionally, people with diplomatic passports may be exempt from paying other types of visas, provided they meet certain criteria. 

However, having a diplomatic passport does not automatically guarantee these exemptions, as the consular officer will determine whether or not they apply.

Do I need to attend an interview to apply for this visa?

Generally, applicants for an A-1 or A-2 visa do not need an interview at a US embassy or consulate. However, a consular officer may request one if they consider it necessary. 

On the other hand, personal employees and domestic workers applying for A-3 visas must undergo a mandatory interview.

How can our immigration lawyers help you apply for a diplomatic visa in the United States?

Now you know what a diplomatic visa is and how it works. If you need help applying for one, our attorneys David and Ramiro Lluis, with over 50 years of combined immigration experience, are here to advise you every step of the process. 

Our attorneys are recognized for their commitment and experience in helping diplomats and government officials manage their immigration needs. Contact us today for a personalized consultation.