U.S. v Devyani Khobragade: Exhibits

Exhibits from the indictment of the Indian consular officer, accused of visa fraud and making false statements. Read more about the indictment

Exhibit A

8 U.S.C.A. § 1375b

Page 1

Effective: March 7, 2013
United States Code Annotated Currentness
Title 8. Aliens and Nationality (Refs & Annos)
Chapter 12. Immigration and Nationality (Refs & Annos)
Subchapter II. Immigration
Part IX. Miscellaneous
§ 1375b. Protections for domestic workers and other nonimmigrants
(a) Information pamphlet and video for consular waiting rooms
(1) Development and distribution
The Secretary of State, in consultation with the Secretary of Homeland Security, the Attorney General, and the
Secretary of Labor, shall develop an information pamphlet and video on legal rights and resources for aliens
applying for employment- or education-based nonimmigrant visas. The video shall be distributed and shown
in consular waiting rooms in embassies and consulates appropriate to the circumstances that are determined to
have the greatest concentration of employment or education-based non-immigrant visa applicants, and where
sufficient video facilities exist in waiting or other rooms where applicants wait or convene. The Secretary of
State is authorized to augment video facilities in such consulates or embassies in order to fulfill the purposes
of this section.
(2) Consultation
In developing the information pamphlet under paragraph (1), the Secretary of State shall consult with
nongovernmental organizations with expertise on the legal rights of workers and victims of severe forms of
trafficking in persons.
(b) Contents
The information pamphlet and video developed under subsection (a) shall include information concerning items
such as-(1) the nonimmigrant visa application processes, including information about the portability of employment;
(2) the legal rights of employment or education-based nonimmigrant visa holders under Federal immigration,

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8 U.S.C.A. § 1375b

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labor, and employment law;
(3) the illegality of slavery, peonage, trafficking in persons, sexual assault, extortion, blackmail, and worker
exploitation in the United States;
(4) the legal rights of immigrant victims of trafficking in persons and worker exploitation, including-(A) the right of access to immigrant and labor rights groups;
(B) the right to seek redress in United States courts;
(C) the right to report abuse without retaliation;
(D) the right of the nonimmigrant to relinquish possession of his or her passport to his or her employer;
(E) the requirement of an employment contract between the employer and the nonimmigrant; and
(F) an explanation of the rights and protections included in the contract described in subparagraph (E); and
(5) information about nongovernmental organizations that provide services for victims of trafficking in
persons and worker exploitation, including-(A) anti-trafficking in persons telephone hotlines operated by the Federal Government;
(B) the Operation Rescue and Restore hotline; and
(C) a general description of the types of victims services available for individuals subject to trafficking in
persons or worker exploitation.
(c) Translation
(1) In general
To best serve the language groups having the greatest concentration of employment-based nonimmigrant
visas, the Secretary of State shall translate the information pamphlet and produce or dub the video developed
under subsection (a) into all relevant foreign languages, to be determined by the Secretary based on the
languages spoken by the greatest concentrations of employment- or education-based nonimmigrant visa

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8 U.S.C.A. § 1375b

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applicants.
(2) Revision
Every 2 years, the Secretary of State, in consultation with the Attorney General and the Secretary of
Homeland Security, shall determine the specific languages into which the information pamphlet will be
translated and the video produced or dubbed based on the languages spoken by the greatest concentrations of
employment- or education-based nonimmigrant visa applicants.
(d) Availability and distribution
(1) Posting on Federal websites
The information pamphlet and video developed under subsection (a) shall be posted on the websites of the
Department of State, the Department of Homeland Security, the Department of Justice, the Department of
Labor, and all United States consular posts processing applications for employment- or education-based
nonimmigrant visas.
(2) Other distribution
The information pamphlet and video developed under subsection (a) shall be made available to any-(A) government agency;
(B) nongovernmental advocacy organization; or
(C) foreign labor broker doing business in the United States.
(3) Deadline for pamphlet development and distribution
Not later than 180 days after December 23, 2008, the Secretary of State shall distribute and make available the
information pamphlet developed under subsection (a) in all the languages referred to in subsection (c).
(4) Deadline for video development and distribution
Not later than 1 year after March 7, 2013, the Secretary of State shall make available the video developed
under subsection (a) produced or dubbed in all the languages referred to in subsection (c).

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8 U.S.C.A. § 1375b

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(e) Responsibilities of consular officers of the Department of State
(1) Interviews
A consular officer conducting an interview of an alien for an employment-based nonimmigrant visa shall-(A)(i) confirm that the alien has received, read, and understood the contents of the pamphlet described in
subsections (a) and (b); and
(ii) if the alien has not received, read, or understood the contents of the pamphlet described in subsections
(a) and (b), distribute and orally disclose to the alien the information described in paragraphs (2) and (3) in a
language that the alien understands; and
(B) offer to answer any questions the alien may have regarding the contents of the pamphlet described in
subsections (a) and (b).
(2) Legal rights
The consular officer shall disclose to the alien-(A) the legal rights of employment-based nonimmigrants under Federal immigration, labor, and
employment laws;
(B) the illegality of slavery, peonage, trafficking in persons, sexual assault, extortion, blackmail, and worker
exploitation in the United States; and
(C) the legal rights of immigrant victims of trafficking in persons, worker exploitation, and other related
crimes, including-(i) the right of access to immigrant and labor rights groups;
(ii) the right to seek redress in United States courts; and
(iii) the right to report abuse without retaliation.
(3) Victim services

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In carrying out the disclosure requirement under this subsection, the consular officer shall disclose to the alien
the availability of services for victims of human trafficking and worker exploitation in the United States,
including victim services complaint hotlines.
(f) Definitions
In this section:
(1) Employment- or education-based nonimmigrant visa
The term “employment- or education-based nonimmigrant visa” means-(A) a nonimmigrant visa issued under subparagraph (A)(iii), (G)(v), (H), or (J) of section 1101(a)(15) of
this title; and
(B) any nonimmigrant visa issued to a personal or domestic servant who is accompanying or following to
join an employer.
(2) Severe forms of trafficking in persons
The term “severe forms of trafficking in persons” has the meaning given the term in section 7102 of Title 22.
(3) Secretary
The term “Secretary” means the Secretary of State.
(4) Abusing and exploiting
The term “abusing and exploiting” means any conduct which would constitute a violation of section 1466A,
1589, 1591, 1592, 2251, or 2251A of Title 18.
CREDIT(S)
(Pub.L. 110-457, Title II, § 202, Dec. 23, 2008, 122 Stat. 5055; Pub.L. 113-4, Title XII, § 1206, Mar. 7, 2013,
127 Stat. 140.)
HISTORICAL AND STATUTORY NOTES

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8 U.S.C.A. § 1375b

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Codifications
Section was enacted as part of the William Wilberforce Trafficking Victims Protection Reauthorization Act of
2008, and not as part of the Immigration and Nationality Act, which otherwise comprises this chapter.

Amendments
2013 Amendments. Subsec. (a) heading. Pub.L. 113-4, § 1206(1)(A), inserted “and video for consular waiting
rooms” following “Information pamphlet”.
Subsec. (a)(1). Pub.L. 113-4, § 1206(1)(B), inserted “and video” following “information pamphlet”, and at the
end, inserted “The video shall be distributed and shown in consular waiting rooms in embassies and consulates
appropriate to the circumstances that are determined to have the greatest concentration of employment or
education-based non-immigrant visa applicants, and where sufficient video facilities exist in waiting or other
rooms where applicants wait or convene. The Secretary of State is authorized to augment video facilities in such
consulates or embassies in order to fulfill the purposes of this section.”.
Subsec. (b). Pub.L. 113-4, § 1206(2), inserted “and video” following “information pamphlet”.
Subsec. (c)(1). Pub.L. 113-4, § 1206(3)(A), inserted “and produce or dub the video” following “information
pamphlet”.
Subsec. (c)(2). Pub.L. 113-4, § 1206(3)(B), inserted “and the video produced or dubbed” following “translated”.
Subsec. (d)(1). Pub.L. 113-4, § 1206(4)(A), inserted “and video” following “information pamphlet”.
Subsec. (d)(2). Pub.L. 113-4, § 1206(4)(B), inserted “and video” following “information pamphlet”.
Subsec. (d)(4). Pub.L. 113-4, § 1206(4)(C), added par. (4).
CROSS REFERENCES
Peonage, Slavery, and Trafficking in Persons,
Generally, see 18 USCA § 1581 et seq.
Civil remedies, see 18 USCA § 1595.
Mandatory restitution, see 18 USCA § 1593.
Protection and assistance for victims of trafficking under the Trafficking Victims Protection Act, see 22
USCA § 7105.
8 U.S.C.A. § 1375b, 8 USCA § 1375b

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8 U.S.C.A. § 1375b

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Current through P.L. 113-57 (excluding P.L. 113-54 and 113-56) approved 12-9-13
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END OF DOCUMENT

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8 U.S.C.A. § 1375c

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Effective: December 23, 2008
United States Code Annotated Currentness
Title 8. Aliens and Nationality (Refs & Annos)
Chapter 12. Immigration and Nationality (Refs & Annos)
Subchapter II. Immigration
Part IX. Miscellaneous
§ 1375c. Protections, remedies, and limitations on issuance for A-3 and G-5 visas
(a) Limitations on issuance of A-3 and G-5 visas
(1) Contract requirement
Notwithstanding any other provision of law, the Secretary of State may not issue-(A) an A-3 visa unless the applicant is employed, or has signed a contract to be employed containing the
requirements set forth in subsection (d)(2), by an officer of a diplomatic mission or consular post; or
(B) a G-5 visa unless the applicant is employed, or has signed a contract to be employed by an employee in
an international organization.
(2) Suspension requirement
Notwithstanding any other provision of law, the Secretary shall suspend, for such period as the Secretary
determines necessary, the issuance of A-3 visas or G-5 visas to applicants seeking to work for officials of a
diplomatic mission or an international organization, if the Secretary determines that there is credible evidence
that 1 or more employees of such mission or international organization have abused or exploited 1 or more
nonimmigrants holding an A-3 visa or a G-5 visa, and that the diplomatic mission or international
organization tolerated such actions.
(3) Action by diplomatic missions or international organizations
The Secretary may suspend the application of the limitation under paragraph (2) if the Secretary determines
and reports to the appropriate congressional committees that a mechanism is in place to ensure that such abuse
or exploitation does not reoccur with respect to any alien employed by an employee of such mission or
institution.

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8 U.S.C.A. § 1375c

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(b) Protections and remedies for A-3 and G-5 nonimmigrants employed by diplomats and staff of international
organizations
(1) In general
The Secretary may not issue or renew an A-3 visa or a G-5 visa unless-(A) the visa applicant has executed a contract with the employer or prospective employer containing
provisions described in paragraph (2); and
(B) a consular officer has conducted a personal interview with the applicant outside the presence of the
employer or any recruitment agent in which the officer reviewed the terms of the contract and the provisions
of the pamphlet required under section 1375b of this title.
(2) Mandatory contract
The contract between the employer and domestic worker required under paragraph (1) shall include-(A) an agreement by the employer to abide by all Federal, State, and local laws in the United States;
(B) information on the frequency and form of payment, work duties, weekly work hours, holidays, sick
days, and vacation days; and
(C) an agreement by the employer not to withhold the passport, employment contract, or other personal
property of the employee.
(3) Training of consular officers
The Secretary shall provide appropriate training to consular officers on the fair labor standards described in
the pamphlet required under section 1375b of this title, trafficking in persons, and the provisions of this
section.
(4) Record keeping
(A) In general
The Secretary shall maintain records on the presence of nonimmigrants holding an A-3 visa or a G-5 visa in
the United States, including--

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8 U.S.C.A. § 1375c

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(i) information about when the nonimmigrant entered and permanently exited the country of residence;
(ii) the official title, contact information, and immunity level of the employer; and
(iii) information regarding any allegations of employer abuse received by the Department of State.
(c) Protection from removal during legal actions against former employers
(1) Remaining in the United States to seek legal redress
(A) Effect of complaint filing
Except as provided in subparagraph (B), if a nonimmigrant holding an A-3 visa or a G-5 visa working in the
United States files a civil action under section 1595 of Title 18, or a civil action regarding a violation of any
of the terms contained in the contract or violation of any other Federal, State, or local law in the United
States governing the terms and conditions of employment of the nonimmigrant that are associated with acts
covered by such section, the Attorney General and the Secretary of Homeland Security shall permit the
nonimmigrant to remain legally in the United States for time sufficient to fully and effectively participate in
all legal proceedings related to such action.
(B) Exception
An alien described in subparagraph (A) may be deported before the conclusion of the legal proceedings
related to a civil action described in such subparagraph if such alien is-(i) inadmissible under paragraph (2)(A)(i)(II), (2)(B), (2)(C), (2)(E), (2)(H), (2)(I), (3)(A)(i), (3)(A)(iii),
(3)(B), (3)(C), or (3)(F) of section 1182(a) of this title; or
(ii) deportable under paragraph (2)(A)(ii), (2)(A)(iii), (4)(A)(i), (4) (A)(iii), (4)(B), or (4)(C) of section
1227(a) of this title.
(C) Failure to exercise due diligence
If the Secretary of Homeland Security, after consultation with the Attorney General, determines that the
nonimmigrant holding an A-3 visa or a G-5 visa has failed to exercise due diligence in pursuing an action
described in subparagraph (A), the Secretary may terminate the status of the A-3 or G-5 nonimmigrant.
(2) Authorization to work

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8 U.S.C.A. § 1375c

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The Attorney General and the Secretary of Homeland Security shall authorize any nonimmigrant described in
paragraph (1) to engage in employment in the United States during the period the nonimmigrant is in the
United States pursuant to paragraph (1).
(d) Study and report
(1) Investigation report
(A) In general
Not later than 180 days after December 23, 2008, and every 2 years thereafter for the following 10 years,
the Secretary shall submit a report to the appropriate congressional committees on the implementation of
this section.
(B) Contents
The report submitted under subparagraph (A) shall include-(i) an assessment of the actions taken by the Department of State and the Department of Justice to
investigate allegations of trafficking or abuse of nonimmigrants holding an A-3 visa or a G-5 visa; and
(ii) the results of such investigations.
(2) Feasibility of oversight of employees of diplomats and representatives of other institutions report
Not later than 180 days after December 23, 2008, the Secretary shall submit a report to the appropriate
congressional committees on the feasibility of-(A) establishing a system to monitor the treatment of nonimmigrants holding an A-3 visa or a G-5 visa who
have been admitted to the United States;
(B) a range of compensation approaches, such as a bond program, compensation fund, or insurance scheme,
to ensure that such nonimmigrants receive appropriate compensation if their employers violate the terms of
their employment contracts; and
(C) with respect to each proposed compensation approach described in subparagraph (B), an evaluation and
proposal describing the proposed processes for--

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(i) adjudicating claims of rights violations;
(ii) determining the level of compensation; and
(iii) administering the program, fund, or scheme.
(e) Assistance to law enforcement investigations
The Secretary shall cooperate, to the fullest extent possible consistent with the United States obligations under
the Vienna Convention on Diplomatic Relations, done at Vienna, April 18, 1961, (23 U.S.T. 3229), with any
investigation by United States law enforcement authorities of crimes related to abuse or exploitation of a
nonimmigrant holding an A-3 visa or a G-5 visa.
(f) Definitions
In this section:
(1) A-3 visa
The term “A-3 visa” means a nonimmigrant visa issued pursuant to section 1101(a)(15)(A)(iii) of this title.
(2) G-5 visa
The term “G-5 visa” means a nonimmigrant visa issued pursuant to section 1101(a)(15)(G)(v) of this title.
(3) Secretary
The term “Secretary” means the Secretary of State.
(4) Appropriate congressional committees
The term “appropriate congressional committees” means-(A) the Committee on Foreign Affairs and the Committee on the Judiciary of the House of Representatives;
and
(B) the Committee on Foreign Relations and the Committee on the Judiciary of the Senate.

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8 U.S.C.A. § 1375c

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CREDIT(S)
(Pub.L. 110-457, Title II, § 203, Dec. 23, 2008, 122 Stat. 5057.)
HISTORICAL AND STATUTORY NOTES
Codifications
Section was enacted as part of the William Wilberforce Trafficking Victims Protection Reauthorization Act of
2008, and not as part of the Immigration and Nationality Act, which otherwise comprises this chapter.
RESEARCH REFERENCES
Treatises and Practice Aids
Immigration Law Service 2d § 6:11, Attendants, Servants, or Personal Employees (A-3).
Immigration Law Service 2d § 6:49, G-5 Visas.
8 U.S.C.A. § 1375c, 8 USCA § 1375c
Current through P.L. 113-57 (excluding P.L. 113-54 and 113-56) approved 12-9-13
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END OF DOCUMENT

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Exhibit

Visas for Diplomats and Foreign Government Officials

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Visas for Diplomats and Foreign Government
Officials
Glossary
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. 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.
Notice: Learn about the Nonimmigrant Rights, Protections and Resources informational pamphlet,
now available!
• Overview
• Qualifying for a Diplomatic Visa
• Local Government and European Union Officials
• How to Apply - Required Documentation
• Visa Processing and Issuance Fees
• Renewing a Visa in the U.S.
• Immediate Family Members
• Personal Employees
• Additional Information
• Misrepresentation of Facts or Fraud
• Entering the U.S. - Port of Entry
• Further Visa Inquiries
• Frequently Asked Questions

Overview
A citizen of a foreign country, who wishes to enter the United States, generally must first obtain a
visa, either a nonimmigrant visa for temporary stay, or an immigrant visa for permanent
residence. The type of visa you must have is defined by immigration law, and relates to the
purpose of your travel. A visas are issued to diplomats and other government officials for travel to
the United States. With the exception of a Head of State or Government who qualifies for an A
visa regardless of the purpose of his or her visit to the United States, the type of visa required by
a diplomat or other government official depends upon their purpose of travel to the United States.
A visa allows a foreign citizen to travel to the United States port-of-entry, and request permission
of the U.S. immigration inspector to enter the U.S. A visa does not guarantee entry into the U.S.

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Qualifying for a Diplomatic Visa
Diplomatic applicants must meet specific requirements to qualify for a diplomatic (A) visa under
immigration law. The consular officer will determine whether you qualify for the visa. 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 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; the particular duties or services that will be performed
must be governmental in character or nature, as determined by the United States 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 visa, and do not qualify for A visas.

Foreign officials who are traveling to the United States on official business must obtain
an A visa prior to their entry. They cannot travel on tourist's visas, or visa free under the Visa
Waiver Program. Please note that U.S. visa law indicates that if a visa applicant is entitled to an A
visa as a principal or dependent, he or she must receive an A visa. The exceptions to this rule are
extremely limited.
Qualified A visa applicants traveling to the United States for assignments of less than 90 days will
be issued visas annotated "TDY" (temporary duty).

Local Government and European Union Officials
Local government officials representing their state, province, borough, or other local political
entity do not qualify for A visa status; they require a B visa.

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. Embassies and consulates generally do not
require an interview for those applying for A-1 and A-2 visas; however, a consular officer can
request an interview. Please contact the U.S. Embassy or Consulate in your home country for
more information.
Personal employees, attendants and servants of A visa holders, that is, applicants for A-3 visas,
are required to be interviewed. Additionally, as part of the visa interview, an ink-free, digital
fingerprint scan will be quickly completed.
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:
• Online Nonimmigrant Visa Electronic Application, Form DS-160. Visit our DS-160
webpage to learn more about the DS-160 online process.

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• An application for A, G, and NATO Visa, Form DS-1648 (ONLY for A-1 and A-2 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 instead of DS-160). 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 diplomatic note. The diplomatic note is written confirmation by the sending government of
the applicant’s status. A-3 applicants must also have a diplomatic note included with their
applications to confirm the official status of employers.
• 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 - You will upload either a scanned or digital photograph to your Form DS-160
or DS-1648 that meets the format requirements explained in the Photograph Requirements,
under Applicants using Form DS-160 or Form 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 2x2 inch color photograph that meets requirements explained in the Photograph
Requirements, stapled or glued to the online DS-160 or DS-1648 confirmation page ONLY if the
confirmation page has an X in the box where the uploaded photo should appear. 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 and paper Form I-94 (both front and back) for the principal visa
holder required for an immediate family member applying separately from the principal visa
applicant. If the principal visa applicant entered the U.S. after the automation of Form I-94, and
his/her Arrival/Departure Record was created electronically, a photocopy of his/her admission
stamp can be provided to the family member applying separately. Alternatively, the principal
applicant may obtain a paper Form I-94 at www.cbp.gov/I94 and provide it to the family
member applying separately.

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 41.26 (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.

Immediate Family Members

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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. 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 may also include someone who will reside regularly in the household of the
principal applicant, is not a member of some other household, and is recognized as an immediate
family member of the principal alien by the sending Government or International Organization, as
demonstrated by eligibility for rights and benefits such as the issuance of a diplomatic or official
passport or other similar documentation, or travel or other allowances. Those who may qualify for
immediate family status on this basis include: any other relative, by blood, marriage, or adoption,
of the principal alien or spouse; a domestic partner; and a relative by blood, marriage, or adoption
of the domestic partner. The term "domestic partner" for the purpose of this section means a
same-sex domestic partner. Domestic partners may be issued diplomatic visas if the sending state
would provide reciprocal treatment to domestic partners of U.S. Mission members. Individuals who
do not qualify as immediate family, as described above, may otherwise potentially qualify for a B2 visa. 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 A-1
or A-2 visa may be issued an A-3 visa, if they meet the requirements in 9 FAM 41.22 N4. 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 - Required Documentation section above, 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:
• Description of Duties. The contract must describe the work to be performed, e.g.,
housekeeping, gardening, child care, and also must include a statement that the domestic
employee shall work only for the employer who signed the contract.

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• Hours of Work. The contract must state the time of the normal working hours and the number
of hours per week. It is generally expected that domestic workers will be required to work 3540 hours per week. It also must state that the domestic employee will be provided a minimum
of one full day off each week. The contract must indicate the number of paid holidays, sick
days, and vacation days the domestic employee will be provided.
• Minimum Wage. The contract must state the hourly wage to be paid to the domestic
employee. The rate must be the greater of the minimum wage under U.S. Federal and state
law, or the prevailing wage for all working hours. Information on the prevailing wage statistics
by occupation and metropolitan area is available on the Department of Labor's Online Wage
Library & Data Center website.
The contract must state that wages will be paid to the domestic employee either weekly or
biweekly. As of March 2011, the Department determined that no deductions are allowed for
lodging, medical care, medical insurance, or travel. As of April 2012, deductions taken for meals
are also no longer allowed.
• Overtime Work. The contract must state that any hours worked in excess of the normal
number of hours worked per week are considered overtime hours, and that hours in which the
employee is “on call” count as work hours. It also must state that such work must be paid as
required by U.S. local laws.
NOTE: Under Federal law, the rate of overtime pay need not exceed the regular hourly rate if
the employee resides in the home of the employer, but State law governing overtime rates also
applies and must be checked. If the employee does not reside with the employer, overtime for
hours in excess of 40 hours per week must be paid at the rate of time and a half.
• Payment. The contract must state that after the first 90 days of employment, all wage
payments must be made by check or by electronic transfer to the domestic worker’s bank
account. Neither Mission members nor their family members should have access to domestic
workers' bank accounts. In addition, the Department requires that the employer retain records
of employment and payment for three years after the termination of the employment in order to
address any complaints that may subsequently arise. Further, the bank account must be in the
United States so that domestic workers may readily access and utilize their wages.
• Transportation to and from the United States. The contract must state that the domestic
employee will be provided with transportation to and from the United States.
• Other Required Terms of Employment. The contract must state that the employer agrees to
abide by all Federal, State, and local laws in the United States. The contract also must include a
statement that the domestic worker’s passport and visa will be in the sole possession of the
domestic worker. In addition, the contract must state that a copy of the contract and other
personal property of the domestic employee will not be withheld by the employer for any
reason. The contract must include a statement that the domestic worker's presence in the
employer's residence will not be required except during working hours. The contract must also
include a statement by the employee, promising not to accept any other employment while
working for the employer.
• Other Recommended Terms of Employment. The contract may include additional agreedupon terms of employment, if any, provided they are fully consistent with all U.S. Federal,
State, and local laws. Any modification to the contract must be in writing.

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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 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.

Additional Information
• No assurances regarding the issuance of visas can be given in advance. Therefore final travel
plans or the purchase of nonrefundable tickets should not be made until a visa has been issued.
• Unless previously canceled, a visa is valid until its expiration date. Therefore, if the traveler has
a valid U.S. visitor visa in an expired passport, do not remove the visa page from the expired
passport. You may use it along with a new valid passport for travel and admission to the United
States.

Misrepresentation of Material Facts or Fraud
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. Classes of Aliens
Ineligible to Receive Visas provides important information about ineligibilities.

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

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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 (CBP), 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. In advance of
travel, prospective travelers should review important information about Admissions/Entry
requirements, as well as information related to restrictions about bringing food, agricultural
products or other restricted/prohibited goods explained on the Department of Homeland Security,
Customs and Border Protection website. Upon arrival, A-3 visa holders will have biometric data
collected by the Department of Homeland Security (previously known as the US-VISIT program).
A-1 and A-2 visa holders are exempt. If allowed to enter, the CBP official will authorize the
traveler's admission to the U.S.
Notice: New Electronic I-94 Process - A new electronic I-94 process at air and
sea ports of entry was fully implemented by May 25, 2013. Under the new CBP
process, a CBP officer will provide each admitted nonimmigrant traveler with an
admission stamp on their passport. CBP will no longer issue a paper Form I-94 upon
entry to the U.S., with some exceptions. Learn more on the CBP website.
If you are issued a paper Form I-94, this will document your authorized stay in the U.S. and note
the length of stay permitted; it is very important to keep the paper Form I-94 in your passport.

Further Visa Inquiries
• Questions on visa application procedures and visa ineligibilities should be made to the U.S.
consular office abroad by the applicant. Before submitting your inquiry, we request that you
carefully review this website and also the Embassy consular web site abroad. Very often you will
find the information you need.
• If your inquiry concerns a visa case in progress overseas, you should first contact the U.S.
Embassy or Consulate handling your case for status information. Select U.S. Embassy or
Consulate, and you can choose the Embassy or Consulate Internet site you need to contact.

Frequently Asked Questions
Select Frequently Asked Questions to learn more.
Return to Visa Services Page
Return to Consular Services Page

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UNCLASSIFIED (U)
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9 FAM 41.21
NOTES
(CT:VISA-2023; 09-23-2013)
(Office of Origin: CA/VO/L/R)

9 FAM 41.21 N1 EXEMPTIONS FROM
INELIGIBILITY PROVISIONS
9 FAM 41.21 N1.1 Exemptions for A-1 Class
(TL:VISA-320;

09-27-2001)

a. In exempting class A-1 foreign government officials from the provisions of the
Immigration and Nationality Act (INA) relating to aliens ineligible to receive
visas, the Congress acted on the assumption that to do otherwise might
infringe upon the constitutional prerogative of the President to receive
ambassadors and other public ministers (Article II, Section 3 of the
Constitution). The legislative history underlying the distinctions made in the
INA between A-1 and A-2 classes of foreign government officials offers some
assistance in determining legislative intent. Committee Report No. 1365 which
accompanied House Report No. 5678, 82nd Congress contains the following
paragraph on page 34.
b. Ambassadors, public ministers, and career diplomatic and consular officers who
have been accredited by foreign governments recognized de jure by the United
States and accepted by the President or the Secretary of State, and members
of their immediate families, are exempted from all provisions relating to the
exclusion and deportation of aliens generally, except those provisions relating
to reasonable requirements of passport and visas as means of identification and
documentation. In view of constitutional limitations, such aliens may be
excluded on grounds of public safety only under such regulations as may be
deemed necessary by the President.

9 FAM 41.21 N1.2 Absence of Presidential Directive
(CT:VISA-1437;

06-02-2010)

The President has not issued a directive to date applying the provisions of INA
212(a)(3)(A) (8 U.S.C. 1182(a)(3)(A)), (3)(B), and (3)(C) to aliens within the A-1
classification. (See INA 102(1)) (8 U.S.C. 1102(1)).

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9 FAM 41.21 N2 ISSUING CERTAIN VISAS UPON
APPROPRIATE REQUEST
(CT:VISA-1237;

07-01-2009)

Ordinarily, you may issue a visa in the A, C-2, C-3, G, or North Atlantic Treaty
Organization (NATO) categories only upon receipt of a note from the appropriate
foreign office, mission, international organization, or NATO authority. Under
unusual circumstances, if you issue a visa upon the oral request of a competent
foreign authority, you make a note in the nonimmigrant visa (NIV) system
regarding the request (e.g., name and position of requester, date of request, etc.).
You should also solicit a written confirmation from the appropriate foreign office,
mission, international organization, or NATO authority.

9 FAM 41.21 N3 WAIVER OF PERSONAL
APPEARANCE AND FILING OF VISA
APPLICATIONS
(CT:VISA-1300;

09-16-2009)

Under the provisions of 22 CFR 41.102(a)(2) and (b)(3), you are authorized to
waive personal appearances for A-1, A-2, C-2, C-3, G-1, G-2, G-3, G-4, and NATO
1-6 aliens and applicants for diplomatic or official visas. However, in such cases,
pursuant to 22 CFR 41.103(a)(3) even if a personal appearance of a visa applicant
is waived, the filing of an application is not waived.

9 FAM 41.21 N4 ALIENS OF CLASSES A AND G ON
ASSIGNMENTS OF LESS THAN 90 DAYS
(CT:VISA-917;

11-29-2007)

Posts are to enter Temporary Duty ("TDY") in the annotation field of a machine
readable visa (MRV) issued to the recipient of an A or G visa who is coming to the
United States for assignments of less than 90 days. The request for an A or G visa
must clearly specify that the official is coming for a temporary assignment of less
than 90 days. Absent this information, you are to seek clarification about the
length of the assignment from the authorities concerned.

9 FAM 41.21 N5 MEMBERS OF IMMEDIATE
FAMILY OF FOREIGN OFFICIALS

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9 FAM 41.21 N5.1 “Immediate Family”
9 FAM 41.21 N5.1-1 Spouse and Unmarried Sons and
Daughters
(CT:VISA-1437;

06-02-2010)

The term “immediate family” includes the spouse and unmarried legal sons and
daughters of any age of the principal alien. Such legal sons and daughters need
not previously have qualified as a “child” as defined in INA 101(b)(1) (8 U.S.C.
1101(b)(1)).

9 FAM 41.21 N5.1-2 Other Members of Principal Alien’s
Household
(CT:VISA-1437;

06-02-2010)

a. The term "immediate family" may also include, upon individual authorization
from the Department (see 9 FAM 41.21 N5.2, paragraph c), any other alien
who will reside regularly in the household of the principal alien, is not a
member of some other household, and is recognized as an immediate family
member of the principal alien by the sending Government or International
Organization, as demonstrated by eligibility for rights and benefits such as the
issuance of a diplomatic or official passport or other similar documentation, or
travel or other allowances. Aliens who may qualify for immediate family status
on this basis include: any other relative, by blood, marriage, or adoption, of
the principal alien or spouse; a domestic partner; and a relative by blood,
marriage, or adoption of the domestic partner. The term "domestic partner" for
the purpose of this section means a same-sex domestic partner.
b. Before you issue a derivative visa in an A or G classification other than G-4 to a
domestic partner, you must confirm that the sending state would provide
reciprocal treatment to domestic partners of U.S. Mission members. Individuals
who do not qualify as immediate family, as described above, may otherwise
potentially qualify for a B-2 visa (see, e.g., 9 FAM 40.101 N4 and 9 FAM 41.31
N14.4). In any request for an advisory opinion (AO) (per 9 FAM 41.21 N5.2
paragraph c) for an individual case involving significant foreign policy issues or
public interest, address how the policy issues or public interest relate to the
visa case.

9 FAM 41.21 N5.2 Aliens Who are Members of Some
Other Household
(CT:VISA-1386;

12-11-2009)

a. An alien who has been a member of a household other than the household of
the principal alien would not normally be included within the "immediate family"
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of the principal alien as that term is defined in 22 CFR 41.21(a)(3), regardless
of other circumstances. Thus a nephew of college age who has resided in the
household of the principal alien's sister and brother-in-law would not qualify as
an immediate relative of the principal alien simply to join the principal alien's
household with the intention of attending college in the United States. F-1
classification under sponsorship of the principal alien might be appropriate in
such a situation.
b. However, the fact that an alien has been, even in the recent past, a member of
some other household does not preclude a finding that, at the time of
application for a visa, the applicant is a member of the household of the
principal alien. For example, a recently widowed, divorced or aging parent may
have closed a former household with the intention of becoming part of the
principal alien's household. This could also occur because, due to advanced age
or infirmity, the parent has experienced significant difficulty in maintaining his
or her own household. The test in adjudicating these cases is whether the
applicant, for reasons of age, health, or change in circumstances, has a
compelling reason to join the household of the principal alien rather than
maintain or reestablish an independent household.
c. You may consider "immediate family" status to be individually authorized by the
Department of State in accordance with 22 CFR 41.21(a)(3)(iv) in all cases in
which you have made a favorable determination on the alien's application
provided that, in the case of a domestic partner, you have confirmed that the
sending state would provide reciprocal treatment to domestic partners of U.S.
Mission members, and provided that in your judgment no significant foreign
policy issues or public interest exists. If you are unable to confirm reciprocal
treatment or if significant foreign policy issues or public interest exist, you must
refer the case to the Department (CA/VO/L/A) for an advisory opinion (AO).

9 FAM 41.21 N5.3 Aliens Who Will Reside Regularly in
Household of Principal Alien
(TL:VISA-2;

08-30-1987)

An alien may be held to reside regularly in the household of the principal alien
even though actually absent from the household for a large part of the year while
attending a boarding school or college.

9 FAM 41.21 N5.4 Immediate Family of Foreign Official
Who Has Requested Status of Permanent Resident
(CT:VISA-1437;

06-02-2010)

An alien who is a member of the immediate family of a principal alien classifiable
as A-1, A-2, G-1, G-2, G-3, or G-4 may receive that classification even when the
principal alien has requested permission to obtain or retain the status of
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permanent resident under INA 247(b) (8 U.S.C. 1257(b)). The principal alien
must have waived his and/or her rights, privileges, exemptions, and immunities.

9 FAM 41.21 N6 ALIENS ENTITLED TO A-3, G-5,
OR NATO-7 CLASSIFICATION
(CT:VISA-2023;

09-23-2013)

You may issue an A-3, G-5, or NATO-7 visa to the personal employee of an alien
of a foreign mission in the United States in the A-1 or A-2 category (A-3 visa), G-1
through G-4 category (G-5 visa), or NATO-1 through NATO-6 category (NATO-7
visa) if the applicant qualifies for the visa classification, the contract meets the
requirements set out in N6.4 below, you ensure that the applicant is aware of
rights set out in the William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008 (WWTVPRA) pamphlet notifications (see 9 FAM 41.21
N6.8), and each of the following are met:
(1) The diplomat or official employing the alien is in “A”, “G”, or "NATO" visa
status, or received an A, G, or NATO visa and will be traveling with the
domestic employee to take up a new diplomatic assignment;
(2) The foreign mission or international organization submitted the necessary
“Pre-Notification of a Domestic Worker” form to the Office of Protocol
(DomesticWorkers@state.gov), where applicable;
(3) The applicant has been entered into The Office of Foreign Missions
Information System (TOMIS) and shows as “pending”, for new proposed
employees, or “active” for renewing A-3 or G-5 employees continuing to
work for the same employer. All family members accompanying or
following to join the domestic employee also must be pre-notified to
Protocol, and if not included in the domestic employee’s initial prenotification request, need to be separately pre-notified to Protocol before
visa issuance. Their names will be listed, once accepted and entered by
Protocol, under the A-3 or G-5 principal’s record in TOMIS.
(a) TOMIS is available in the Consular Consolidated Database (CCD) under
the “Other Agencies/Bureaus” menu. To find a record in TOMIS, you
may search by surname and either given name, nationality, visa, or
country/organization; or with an eight-digit Personal Identification
Number (PIN), if available, which is issued to each person registered
with Protocol. If the employer is listed in TOMIS as active, but the
personal employee does not show under that employer’s “private
servants” listing, refuse the case under INA 221(g) pending the
employee’s inclusion in TOMIS. Protocol will not notify post of a new
“Pre-Notification of a Domestic Worker,” so post must check
periodically in TOMIS to see if the employee has been added. A
“pending” entry indicates that Protocol has accepted and data-entered
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the pre-notification, and post may continue processing the case to
conclusion. The record will be updated to “active” after the A-3 or G-5
visa holder enters the United States and Protocol is notified of his or
her entry on duty by the diplomatic mission or international
organization.
(b) You must wait until the pre-notification is accepted and entered by
Protocol, and may not issue A-3 and G-5 visas upon mere presentation
of a diplomatic note (see TDY exceptions in NOTE below), and also
may not issue B-1 visas to allow a diplomat’s domestic employee to
travel on an “emergency” basis. It generally takes Protocol several
days to review and enter pre-notifications into TOMIS. If the employer
or applicant advises that the diplomatic mission or international
organization sent a pre-notification request more than a week earlier,
and it still is not showing in TOMIS, contact CA/VO/F/P or CA/VO/P/D.
CA/VO will check with Protocol to see if there are technical problems or
more serious problems which prevent Protocol from accepting the prenotification, for example, complaints of abuse against the employer by
previous A-3 or G-5 employees.
NOTE: The requirements for pre-notification and a TOMIS record for an A-3 or G5 applicant do not apply in instances where the employee is on a temporary
assignment of less than 90 days or for NATO-7 applicants. In such cases, please
see annotation instructions in 9 FAM 41.113 PN12.2. However, if you receive an
A-3 or NATO-7 application from a domestic employee planning to work for more
than 90 days for an A-2 foreign military or NATO visa holders, request guidance
from CA/VO/L/A (or CA/VO/P/D or CA/VO/F/P) before issuing the visa.

9 FAM 41.21 N6.1 Personal Employees of Aliens in
Permanent Resident Status Not Eligible for A-3, G-5, or
NATO-7 Classification
(CT:VISA-2023;

09-23-2013)

An alien in A, G, or NATO status, who acquires or retains permanent resident
status as provided in INA 247(b) (8 U.S.C. 1257(b)) or in 22 CFR 40.203 may not
have in his or her employ a personal employee in the A-3, G-5, or NATO-7
classification. The employee of such an alien must qualify for and obtain an H-2B
nonimmigrant visa (NIV) or an immigrant visa (IV) for the purpose of working for
the employer.

9 FAM 41.21 N6.2 Qualifying for A-3, G-5, or NATO-7
Visa
(CT:VISA-2023;

09-23-2013)

a. In order to benefit from A-3, G-5, or NATO-7 status, the alien must be coming
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to the United States to perform a specific job, and must be capable of doing so,
regardless of whether the alien has ever performed such a job in the past. For
example, an alien with a degree in computer science who is coming to work as
a domestic employee may be issued an A-3, G-5, or NATO-7 visa if he or she
clearly has the intent and ability to perform the job. However, if a consular
officer believes that an applicant is presented as a domestic employee for
someone in A, G, or NATO status, but will actually work as a computer
consultant for a private company, then the A-3, G-5, or NATO-7 visa should be
denied. The alien should be found ineligible under INA 214(b) (8 U.S.C.
1184(b)), as he or she has not established his or her eligibility in any
nonimmigrant visa (NIV) category. Such an applicant may also be subject to a
finding of ineligibility under INA 212(a)(6)(C) (8 U.S.C. 1182(a)(6)(C)).
Similarly, an A-3, G-5, or NATO-7 visa applicant who has recently resided
illegally in the United States, or who may have previously sought another visa
status and was refused under INA 214(b) (8 U.S.C. 1184(b)), and who appears
to be using the A-3, G-5, or NATO-7 application to evade U.S. immigration
requirements, should be carefully scrutinized to determine whether he or she
actually intends to take up the stated employment; however, the previous
illegal status and change to A-3, G-5, or NATO-7 status is not a basis in itself
for refusal if you believe the applicant plans to take up the stated employment.
b. You may not issue or renew an A-3, G-5, or NATO-7 visa unless the visa
applicant has executed a contract with the employer or prospective employer
containing detailed provisions described below (See 9 FAM 41.21 N6.4). You
must conduct a personal interview with the applicant outside the presence of
the employer or any recruitment agent.
c. The William Wilberforce Trafficking Victims Protection Reauthorization Act of
2008 (WWTVPRA) (Public Law 110-457) requires you to ensure that an
individual applying for an A-3, G-5, or NATO-7 visa is made aware of his or her
legal rights under Federal immigration, labor, and employment laws. This
includes information on the illegality of slavery, peonage, trafficking in persons,
sexual assault, extortion, blackmail, and worker exploitation in the United
States. At the time of the visa interview, you must confirm that a pamphlet
(described in 9 FAM 41.21 N6.8) has been received, read, and understood by
the applicant. You are also required to review the contents of the mandatory
employment contract, as described in 9 FAM 41.22 N6.4, with the applicant.
d. A-3, G-5, and NATO-7 applicants are subject to all ineligibilities under INA
212(a) (8 U.S.C. 1182(a)), as well as INA 222(g) (8 U.S.C. 1202(g)). Consular
officers are reminded that A, G, and NATO visa applicants meet the
requirements of INA 214(b) ( by establishing entitlement to such nonimmigrant
status. They do not need to demonstrate that they:
(1) Are not intending immigrants;
(2) Have a residence abroad they do not intend to abandon; or
(3) Have compelling ties outside the United States.
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9 FAM 41.21 N6.3 Key Questions to be Addressed in A3, G-5, and NATO-7 Applications
(CT:VISA-2023;

09-23-2013)

a. Several key questions should be addressed by the consular officer in cases
involving A-3, G-5, and NATO-7 applicants:
(1) Is the applicant capable of performing the work required?;
(2) Are the parties concerned entering into a true employee and/or employer
relationship for a reasonable period of time? i.e., can it be reasonably
assumed that the applicant’s background, education skills, employment
history, or relationship to the prospective employer will not preclude the
parties from entering into a “true” employee and/or employer relationship?
. In particular, you should consider whether this requirement is met in
cases where officials are employing family members;
(3) Is the applicant otherwise fully qualified? (See 9 FAM 41.212 N6.4.);
(4) Will the applicant receive a fair wage by U.S. and Department standards?
All full-time, live-in domestic employees must be paid the greater of the
prevailing or minimum wage per hour under U.S. Federal and state law,
and in the jurisdiction which the domestic will be employed, for all hours on
duty. Live-in domestics must receive free room and board in addition to
their salary. No deductions are allowed from the domestic worker's salary
for lodging, medical care, medical insurance, travel, or meals. Although
the employer is not required to pay for medical insurance, the employer is
responsible for ensuring that the employee does not become a public
charge while in his or her employ. ; and,
(5) Does the contract address all of the stipulated necessary minimum
provisions outlined in 9 FAM 41.21 N6.4 below?
b. Provided the answer to each question above is "yes," and the applicant is not
inadmissible on independent grounds of the INA, an A-3, G-5, or NATO-7 visa
should be issued. Otherwise, the applicant should be denied the visa under INA
214(b) (8 U.S.C. 1184(b)) and/or any other appropriate section of the INA.
Additionally, if a particular A-3, G-5, or NATO-7 application raises fraud
concerns, refer the case to the Department for further verification.

9 FAM 41.21 N6.4 Salary, Contracts, and Employer
Obligations
(CT:VISA-2023;

09-23-2013)

a. A-3, G-5, and NATO-7 employees are covered by the Fair Labor Standards Act
(FLSA). In each case, you must request the employer to provide a contract, in
both English and a language understood by the employee, to demonstrate that
the employee will receive a fair wage, and that the employee understands his
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or her duties and rights regarding salary and working conditions. In each case,
an employee applying for an A-3, G-5, or NATO-7 visa must present a copy of
the employment contract, in both English and (if the applicant does not
understand English) a language understood by the applicant, that has been
signed by both the applicant and the employer. Post must scan the
employment contract and attach the scanned document to the application
record in NIV.
b.

The contract must contain the following provisions:

(1) Description of Duties. The contract must describe the work to be
performed, e.g., housekeeping, gardening, child care, and also must
include a statement that the domestic employee shall work only for the
employer who signed the contract and will not accept any other
employment while working for the employer.
(2) Hours of Work. The contract must state the time of the normal working
hours and the number of hours per week. It is generally expected that
domestic workers will be required to work 35-40 hours per week. It also
must state that the domestic employee will be provided a minimum of one
full day off each week. The contract must indicate the number of paid
holidays, sick days, and vacation days the domestic employee will be
provided.
(3) Minimum Wage. The contract must state the hourly wage to be paid to the
domestic employee. The rate must be the greater of the minimum wage
under U.S. Federal and state law, or the prevailing wage for all working
hours. Information on the prevailing wage statistics by occupation and
metropolitan area is available on the Department of Labor's Online Wage
Library & Data Center website.
The contract must state that wages will be paid to the domestic employee
either weekly or biweekly and also state what deductions are to be taken
from the wages. As of March 2011, the Department determined that no
deductions are allowed for lodging, medical care, medical insurance, or
travel. As of April 2012, deductions taken for meals are also no longer
allowed.
(4) Overtime Work. The contract must state that any hours worked in excess
of the normal number of hours worked per week are considered overtime
hours, and that hours in which the employee is “on call” count as work
hours. It also must state that such work must be paid as required by U.S.
local laws.
NOTE: Under Federal law, the rate of overtime pay need not exceed the
regular hourly rate if the employee resides in the home of the employer,
but State law governing overtime rates also applies and must be checked.
If the employee does not reside with the employer, overtime for hours in
excess of 40 hours per week must be paid at the rate of time and a half.
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(5) Payment. The contract must state that after the first 90 days of
employment, all wage payments must be made by check or by electronic
transfer to the domestic worker’s bank account. Neither Mission members
nor their family members should have access to domestic workers' bank
accounts. In addition, the Department requires that the employer retain
records of employment and payment for three years after the termination
of the employment in order to address any complaints that may
subsequently arise further, the bank account must be in the United States
so that domestic workers may readily access and utilize their wages.
(6) Transportation to and from the United States. The contract must state that
the domestic employee will be provided with transportation to and from the
United States.
(7) Other Required Terms of Employment. The contract must state that the
employer agrees to abide by all Federal, State, and local laws in the United
States. The contract also must include a statement that the domestic
worker’s passport and visa will be in the sole possession of the domestic
worker. In addition, the contract must state that a copy of the contract
and other personal property of the domestic employee will not be withheld
by the employer for any reason. The contract must include a statement
that the domestic worker's presence in the employer's residence will not be
required except during working hours.
(8) Other Recommended Terms of Employment. The contract may include
additional agreed-upon terms of employment, if any, provided they are
fully consistent with all U.S. Federal, State, and local laws. Any
modification to the contract must be in writing.
c. You may encounter applications where the applicant does not submit a
contract, the contract does not guarantee a fair wage or working conditions, or
you have evidence that the employer will not comply with the conditions
specified in the contract. In such cases, you should refuse the application
under either INA 214(b) (8 U.S.C. 1184(b)), because the applicant has not
shown entitlement to A, G, or NATO nonimmigrant status, or under INA 221(g)
(8 U.S.C. 1201(g)), because the alien has failed to submit a required
document. If the agreed wage falls below the minimum or prevailing wage you
should refuse the application pursuant to INA 214(b) (8 U.S.C. 1184(b)). You
may refuse visas for A-3, G-5, or NATO-7 applicants under any appropriate
provision of law. If you routinely encounter A-3, G-5, or NATO-7 applications
that do not meet fair wage standards, contact CA/VO/L/A for assistance.
d. In accordance with INA 291 (8 U.S.C. 1361), the burden of proof for A-3, G-5,
or NATO-7 eligibility is on the applicant. You must assess the credibility of the
applicant and the evidence submitted to determine qualification for an A-3, G5, or NATO-7. The applicant must satisfy you that he or she will credibly
engage in A-3, G-5, or NATO-7 activity under the contractual thereby maintain
lawful status.
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e. Do not issue a visa unless you can reasonably conclude that the employer will
in fact provide the employee with the required wages and working conditions.
You may presume that the applicant is not eligible if the employer does not
carry the diplomatic rank of Minister or higher, or a position equivalent to
Minister or higher. To rebut this presumption, the employer must demonstrate
that he or she will have sufficient funds to comply with the FLSA and
Department standards, as reflected in the contract. You must deny the visa if
you are not convinced the employer can in fact meet the terms of the contract.
Consideration also must be given to the number of employees a particular
employer may reasonably be able to pay. Note that this presumption applies in
all cases in which the applicant’s employer is an employee of an international
organization classifiable as G-4, and it therefore will be necessary for the
employer to demonstrate that he or she has sufficient funds to provide the
required wages and working conditions, as such employer and position would
never be of the rank of Minister or higher.
f. If an employer has had previous instances of non-compliance with contracts
with A-3, G-5, or NATO-7 employees or has a pattern of employee
disappearance or credible abuse allegations, you may presume that the
applicant is not eligible for the visa and refuse the application (see paragraph d
above). To rebut this presumption, the employer and the visa applicant would
have to convince you that such an outcome is unlikely to reoccur; for example,
by the employer establishing that he or she reasonably expected that previous
employees would remain in A-3, G-5, or NATO-7 status, rather than suddenly
cease working in the household and remain unlawfully in the United States;
that the disappearances of the former employees were promptly reported; by
presenting evidence establishing that the employer and the visa applicant
intend to fulfill the provisions of the contract and enter into a bona fide
employer-employee relationship; and that the applicant intends to maintain A3, G-5, or NATO-7 visa status while in the United States. The burden of proof
remains on the applicant and the employer to establish eligibility and future
compliance with all requirements.

9 FAM 41.21 N6.5 A-3, G-5, and NATO-7 Domestic
Worker Principal Applicants Under the Age of 18
(CT:VISA-2023;

09-23-2013)

Posts must obtain an advisory opinion (AO) from CA/VO/L/A before issuing an A-3,
G-5, or NATO-7 visa to a domestic worker principal applicant under the age of 18.

9 FAM 41.21 N6.6 Refusals and Advisory Opinions (AO)
(CT:VISA-2023;

09-23-2013)

Posts are not required to obtain an advisory opinion before refusing an A-3, G-5,
or NATO-7 visa application under INA 214(b) in cases where the applicant does
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not intend to take up the position, or where a contract is not provided in
accordance with the consular officer’s request. Consular officers may not,
however, refuse an A-3, G-5, or NATO-7 visa applicant under INA 214(b) who
meets the qualifications for A-3, G-5, or NATO-7 status, but whom the consular
officer believes is an intending immigrant. Posts should not hesitate to seek the
Visa Office’s advice in questions of eligibility. In addition, posts should report by
cable to the Department any denials in the 'A,' 'G' or 'NATO' category which are
likely to prompt inquiries or complaints from the applicant’s host government.
These cabled reports should be slugged for the Office of the Chief of Protocol
(S/CPR) and the Office of Foreign Missions (DS/OFM) in addition to the following
Visa Office (CA/VO) addressees: CA/VO/L/A and CA/VO/F/P.

9 FAM 41.21 N6.7 Endorsing A-3, G-5, and NATO-7
Visas
(CT:VISA-2023;

09-23-2013)

Posts are to endorse A-3, G-5, and NATO-7 visas issued to attendants, servants,
and personal employees of aliens classified A-1 or A-2 (A-3 visa), G-1 through G-4
(G-5 visa), or NATO-1 through NATO-6 (NATO-7 visa). The notation is to be
placed in the annotation field of the MRV and is to contain the name of the
principal alien and his place of employment. For example:
John Doe, Embassy of Z,
Washington, DC

9 FAM 41.21 N6.8 Information Pamphlet on Legal
Rights of A-3, G-5, NATO-7, H, J, and Domestic
Employees
(CT:VISA-2023;

09-23-2013)

The William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008
(WWTVPRA) requires the Secretary of State, in consultation with the Secretary of
Homeland Security, the Attorney General, and the Secretary of Labor, to hand out
an information pamphlet on legal rights and available resources to aliens applying
for A-3, G-5, H, or J visas, as well as to any personal or domestic servant (such as
B-1 domestic or NATO-7) who is accompanying or following to join an employer.

9 FAM 41.21 N6.8-1 Contents of Information Pamphlet
(CT:VISA-2023;

09-23-2013)

a. The contents of the information pamphlet, “For Certain Employment or
Education-Based Nonimmigrants,” include a discussion of procedural issues,
legal rights, and available legal resources concerning items such as:
(1) The nonimmigrant visa (NIV) application process, including information
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about the portability of employment;

(2) The legal rights of employment- or education-based NIV holders under
Federal immigration, labor, and employment laws;
(3) The illegality of slavery, peonage, trafficking in persons, sexual assault,
extortion, blackmail, and worker exploitation in the United States;
(4) The legal rights of immigrant victims of trafficking in persons and worker
exploitation, including:
(a) The right of access to immigrant and labor rights groups;
(b) The right to seek redress in United States courts;
(c) The right to report abuse without retaliation;
(d) The right of the nonimmigrant not to relinquish possession of his or
her passport to his or her employer;
(e) The requirement for an employment contract between the employer
and the nonimmigrant; and
(f) An explanation of the rights and protections included in the mandatory
employment contract.
(5) Information about nongovernmental organizations that provide services for
victims of trafficking in persons and worker exploitation, including:
(a) Anti-trafficking in persons telephone hotlines operated by the Federal
Government;
(b) The Operation Rescue and Restore hotline; and
(c) A general description of the types of victims’ services available for
individuals subject to trafficking in persons or worker exploitation.
b. The pamphlet has been translated into certain foreign languages, based on the
languages spoken by the greatest concentration of employment- and
education-based NIV applicants. The pamphlet is posted on the Department of
State's travel information Web site and must be posted, in English and any
relevant local language that the pamphlet has been translated into, on the Web
site of every consular post.

9 FAM 41.21 N6.8-2 Consular Officer Responsibilities Under the
William Wilberforce Trafficking Victims Protection Act
(WWTVPRA)
(CT:VISA-2023;

09-23-2013)

a. The WWTVPRA requires you to ensure that aliens applying for A-3, G-5, H, or J
visas or a personal or domestic servant accompanying or following to join an
employer (such as B-1 domestic or NATO-7), are made aware of their legal
rights under Federal immigration, labor, and employment laws. This includes
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information on the illegality of slavery, peonage, trafficking in persons, sexual
assault, extortion, blackmail, and worker exploitation in the United States. At
the time of the NIV interview, you must confirm that a pamphlet prepared by
the Department detailing this information has been received, read, and
understood by the applicant. Consular officers must add a mandatory case
note in the NIV system stating that the pamphlet was provided and that the
applicant indicated s/he understood its contents.
(1) Consular officers must confirm that the alien has received, read, and
understood the contents of the information pamphlet, and to offer to
answer any questions the alien may have regarding the contents of the
pamphlet; or
(2) If the pamphlet was not received, read, or understood, to provide a copy to
the applicant and orally disclose its contents in a language that the
applicant understands, and offer to answer any questions that the applicant
may have regarding information contained in the pamphlet, as well as
information described below regarding legal rights, U.S. law, and victim
services. Such an oral disclosure should include:
(a) The legal rights of employment-based nonimmigrants under Federal
immigration, labor, and employment laws;
(b) The illegality of slavery, peonage, trafficking in persons, sexual
assault, extortion, blackmail, and worker exploitation in the United
States;
(c) The legal rights of nonimmigrant victims of trafficking in persons,
worker exploitation, and other related crimes, including:
(i)

The right of access to immigrant and labor rights groups;

(ii)

The right to seek redress in United States courts; and

(iii)

The right to report abuse without retaliation; and

(d) The availability of services for victims of human trafficking and worker
exploitation in the United States, including victim services complaint hotlines.
b. All applicants for A-3, G-5, or NATO-7 visas must be interviewed, regardless of
whether the applicant has been issued a previous visa in the same classification
to work for the same employer. The interview of an A-3, G-5, or NATO-7
applicant must be conducted outside the presence of the employer or
recruitment agent.
Note: No interview is required when the A-3, G-5 or NATO-7 applies to extend
his/her stay (I-94) domestically. However, the employee must provide a copy
of the contact with the application for extension of stay. The contract should be
reviewed for compliance and scanned into the record.

9 FAM 41.21 N6.9 Suspension of Processing of A-3 and
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G-5 Applications from Certain Foreign Missions and
International Organizations
(CT:VISA-2023;

09-23-2013)

a. The Secretary of State shall suspend, for such period as the Secretary
determines necessary, the issuance of A-3 visas or G-5 visas to applicants
seeking to work for officials of a diplomatic mission or an international
organization, if the Secretary determines that there is credible evidence that
one or more employees of such mission or international organization have
abused or exploited one or more nonimmigrants holding an A-3 visa or a G-5
visa, and that the diplomatic mission or international organization tolerated
such actions.
b. The Secretary may suspend the application of the limitation under paragraph
(a) if the Secretary determines and reports to the appropriate Congressional
committees that a mechanism is in place to ensure that such abuse or
exploitation does not reoccur with respect to any alien employed by an
employee of such mission or institution.
c. All visa processing posts will be advised when the Secretary has determined
that A-3 or G-5 visa processing should be suspended for a specific diplomatic
mission or international organization.

9 FAM 41.21 N7 DESIGNATED PORTS OF ENTRY
(POE) FOR CERTAIN DIPLOMATIC AND
INTERNATIONAL ORGANIZATION PERSONNEL
(CT:VISA-907;

10-11-2007)

See Visa Reciprocity and Country Documents Finder under country concerned.

9 FAM 41.21 N8 REQUIRING SECURITY
ADVISORY OPINION (SAO) IN CERTAIN CASES
(CT:VISA-907;

10-11-2007)

See Visa Reciprocity and Country Documents Finder for country specific guidance.

9 FAM 41.21 N9 VALIDITY OF A-3 AND G-5
VISAS
(CT:VISA-1237;

07-01-2009)

See 9 FAM 41.112 N2.6.
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9 FAM 41.21 N10 CLASSIFYING SPOUSE AND
CHILD OF A, G, OR NATO ALIEN
(TL:VISA-320;

09-27-2001)

See 9 FAM 41.11 N4 and 9 FAM 41.11 N5.

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9 FAM 41.22
NOTES
(CT:VISA-2028; 09-26-2013)
(Office of Origin: CA/VO/L/R)

9 FAM 41.22 N1 ALIENS ENTITLED TO A-1
CLASSIFICATION
(TL:VISA-14;

08-30-1988)

The following aliens are entitled to A-1 nonimmigrant classification under INA
101(a)(15)(A).

9 FAM 41.22 N1.1 Alien Accredited by Foreign
Government as Officer at Diplomatic or Consular Post
(CT:VISA-1038;

09-25-2008)

a. An alien duly accredited by a foreign government recognized de jure by the
United States as an officer of a permanent diplomatic mission or consular post
established in the United States with the consent of the Department, who seeks
to enter the United States solely for the purpose of performing duties
appropriately performed by such an officer. (Officers of diplomatic missions
usually have the title of “Ambassador,” “Minister,” “Counselor,” “Secretary,” or
“Attaché” such as military, commercial, financial, agriculture, or scientific; and
those of consular posts, “Consul General,” “Consul,” or “Vice Consul.”) (See 9
FAM 41.22 N5 of this section regarding “Honorary Consul.”)
b. De jure recognition is not synonymous with diplomatic relations, and de jure
recognition may continue even though diplomatic relations have been severed.
Consequently, an A-1 visa may be issued to an alien who seeks to enter the
United States for the purpose of performing official duties for a government
which has severed diplomatic relations with the United States, provided that:
(1) The United States has recognized that government de jure prior to
severance of diplomatic relations;
(2) There is a continuing status of de jure recognition; and
(3) There is a reciprocal exchange of representatives between the United
States and that government. An A-1 classification for such an alien is
warranted even if, owing to the absence of diplomatic relations, the
individual will function under the aegis of the embassy of a third country
protecting power.
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9 FAM 41.22 N1.2 Alien Head of State or Government
(TL:VISA-14;

08-30-1988)

An alien holding the position of head of state or head of government in a
government recognized de jure by the United States.

9 FAM 41.22 N1.3 Certain Alien Officials of Foreign
Governments
(TL:VISA-14;

08-30-1988)

An alien seeking to enter the United States to perform official duties for a
government recognized de jure by the United States who holds any of the
following positions in that government:
(1) A position corresponding to that of a member of the U.S. Cabinet;
(2) The presiding officer of a national legislative body; or
(3) A member of the highest judicial tribunal.

9 FAM 41.22 N1.4 Family Member of Alien Classifiable
A-1
(TL:VISA-320;

09-27-2001)

See 22 CFR 41.21(a)(3).

9 FAM 41.22 N1.5 Career Courier
(TL:VISA-520;

02-11-2003)

See 22 CFR 41.22(h)(1).

9 FAM 41.22 N2 ALIENS ENTITLED TO A-2
CLASSIFICATION
(CT:VISA-1438;

06-02-2010)

The following aliens are entitled to A-2 nonimmigrant classification under INA
101(a)(15)(A) (8 U.S.C. 1101(a)(15)(A)).

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9 FAM 41.22 N2.1 Alien Accredited by Foreign
Government as Employee at Diplomatic or Consular
Post
(TL:VISA-14;

08-30-1988)

An alien duly accredited by a foreign government recognized de jure by the United
States who seeks to enter the United States solely to serve as a full-time
employee of a permanent diplomatic mission or consular post established in the
United States by that government, who is not within any of the categories entitled
to A-1 classification, and whose duties are those normally performed by
employees of permanent diplomatic missions or consular posts established in the
United States.

9 FAM 41.22 N2.2 Alien Seeking to Perform Official
Duties for Foreign Government
(CT:VISA-2023;

09-23-2013)

a. An alien holding an official position with a foreign government recognized de
jure by the United States who seeks to enter the United States pursuant to
orders or instructions from such government, solely to perform duties or
services for that government (including participation in an international meeting
or conference other than one convened by or under the auspices of an
international organization, held in the United States) which, in the view of the
Department, are official in nature. (See 9 FAM 41.24 N1 and 9 FAM 41.24 N2
for classification of aliens attending meetings or conferences convened by or
under the auspices of an international organization.)
b. In accordance with the above provisions, foreign government officials and law
enforcement personnel coming to the United States under sponsorship of the
foreign government for training by Diplomatic Security’s Office of Antiterrorism
Training Assistance (DS/ATA) shall be accorded A-2 visas. As the training
program is less than 90 days, the visa should include the required “TDY”
designation per 9 FAM 41.21 PN5.1. (See 9 FAM 41.21 PN5.2 for guidance on
annotating the ”ATA” visas.)
c. Under the "90-day-rule," foreign government officials coming to the United
States for 90 days or more should only be issued A-2 visas if they are coming
to work at an embassy, consulate, or miscellaneous foreign government office
in the United States. One exception to the rule is for personnel of foreign
armed forces for education or training in accordance with 9 FAM 41.22 N2.5.
You may also issue an A-2 visa to a foreign government official who otherwise
qualifies and is coming to work at a U.S. Government agency on behalf of a
foreign government for longer than 90 days, as long as the foreign government
and the U.S. Government agency request A-2 visa issuance. The U.S.
Government agency letter must provide a point of contact and should be
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scanned into CCD. If you determine there is a particular U.S. Government
interest in A-2 visa issuance in any other case outside the scope of the 90-dayrule, please submit a request for an advisory opinion (AO) slugged for the
Advisory Opinions Division (CA/VO/L/A), which will consult with the Office of
the Legal Adviser and with the Office of the Chief of Protocol on the case.
d. Another limitation on A-2 visa issuance concerns domestic workers. An alien
employed in a domestic or personal capacity – such as to cook, clean, or take
care of children – in the private residence of a mission member does not qualify
for an A-2 visa, regardless of whether the sending government or the mission
member pays the domestic worker. Instead, an A-3 visa may be appropriate
for such an alien. However, aliens employed on mission premises or engaged
in certain duties pertaining to the maintenance of the residence of the head of a
diplomatic mission or the principal officer of a consular post may qualify for an
A-2 visa.

9 FAM 41.22 N2.3 Family Member of Alien Classifiable
A-2
(TL:VISA-320;

09-27-2001)

See 22 CFR 41.21(a)(3).

9 FAM 41.22 N2.4 Official Acting as Courier
(TL:VISA-320;

09-27-2001)

See 22 CFR 41.22(h)(2).

9 FAM 41.22 N2.5 Personnel of Foreign Armed Services
(CT:VISA-1038;

09-28-2008)

a. Personnel of foreign armed services from other than NATO countries, coming to
the United States in connection with their military status for education or
training at any of the U.S. military schools or on a U.S. military installation, are
treated as foreign government officials for visa classification purposes.
b. Also treated as foreign government officials are personnel of foreign armed
services from other than NATO countries, coming to receive military training for
up to 90 days on TDY status at a location other than a U.S. military school or a
U.S. military installation, provided that the training is either U.S. Governmentprovided or sponsored, or if the training has been licensed by the Office of
Defense Trade Control Licensing (PM/DTCL). To verify PM/DTCL licensing of
training, submit a request for an advisory opinion (AO) slugged for the Advisory
Opinions Division (CA/VO/L/A) and PM/DTCL, using CVIS and KOMC tags and
identifying the U.S. firm the applicant’s state is providing the training.

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9 FAM 41.22 N3 EVIDENCE OF QUALIFICATION
FOR A-1 OR A-2 CLASSIFICATION
9 FAM 41.22 N3.1 Purpose of Entry and Official Duties
in United States Determines Classification
(CT:VISA-1038;

09-25-2008)

a. Qualification for A-1 or A-2 classification is determined by the purpose for which
the alien seeks to enter the United States and the nature of the official duties
the alien will perform while there. Therefore, the fact that an alien is an official
or employee of a foreign government or is the holder of a diplomatic, official, or
service passport does not in itself, except for a head of state or head of
government as provided in 9 FAM 41.22 N1.2 of this section, qualify the alien
for an A-1 or A-2 visa.
b. The fact that there may be government interest or control in a given
organization is not in itself controlling on the matter of A-2 entitlement. There
must be some further showing that the particular duties or services to be
performed by the applicant are themselves of an inherently governmental
character or nature. Where an organization is essentially engaged in
commercial and/or competitive activities (e.g., banking, mining,
transportation), an official of such organization would generally not be qualified
for an A-2 visa. Depending upon the purpose of travel to the United States,
consideration may be given to B-1, L-1, or E classification. Consular officers
shall review all applications for A-2 visas for officials of organizations which are
not directly engaged in functions of a governmental nature as measured by
U.S. standards.
c. If any difficulty is encountered in resolving a particular case, the consular
officer shall submit the case to the Department (CA/VO/L/A) for an advisory
opinion. The advisory opinion request shall include a full report as to the
nature, structure and purpose of the organization concerned, together with the
consular officer’s analysis and comments.

9 FAM 41.22 N3.2 Visa Stamped “Diplomatic” or
“Official” for any Nonimmigrant Classification
(CT:VISA-1438;

06-02-2010)

An alien may be entitled to receive a visa stamped “diplomatic” or “official” in any
of the nonimmigrant classifications provided in INA 101(a)(15) (8 U.S.C.
1101(a)(15)) without qualifying for an A-1 or A-2 classification. (See 9 FAM 41.26
and 9 FAM 41.27.)

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9 FAM 41.22 N4 ALIENS ENTITLED TO A-3
CLASSIFICATION
(CT:VISA-2023;

09-23-2013)

See 9 FAM 41.21 N6.

9 FAM 41.22 N5 HONORARY CONSULS
(CT:VISA-1038;

09-25-2008)

Honorary consuls are usually so designated because the performance of duties for
the foreign government which appoints them is only incidental to the primary
purposes of entry into, or presence in, the United States, typically for business,
employment, study, or some other nongovernmental purpose. Therefore, an
honorary consul does not usually seek to enter solely in order to perform
governmental official duties and is not normally classifiable A-1 or A-2. However,
the term “honorary” may be used in the consul’s title even though the consul is
coming solely to perform official duties. In such a case, the consular officer shall
request the Department’s (CA/VO/L/A) advisory opinion for the appropriate visa
classification of the alien.

UNCLASSIFIED (U)

9 FAM 41.22 Notes Page 6 of 6

Exhibit

The Secretary of State presents her compliments to Their Excellencies and
Messieurs and Mesdames the Chiefs of Mission and has the honor to refer to the
standards applicable to the employment of personal workers. attendants, and any
other domestic workers of mission personnel who are in the United States in
nonimmigrant A-3 or (3-5 visa status. The Secretary wishes to emphasize the
importance the United States Government attaches to providing fair treatment to
domestic workers who come to the United States to work for members of the
diplomatic community and to remind the Chiefs of Mission to take any and all
measures necessary to ensure that members of their missions employing such
workers respect the laws relating to the treatment to be accorded to domestic
workers. This note supersedes any previous notes on this subject.

New Domestic Worker Visa Eliaibilitv Requirements

The Secretary wishes to inform all missions of two new requirements the
Department of State is implementing in connection with the employment of
domestic workers by foreign missions personnel that pertain to the Visa eligibility

of prospective domestic workers. The Department of State currently requires that

DIPLOMATIC NOTE

the Office of the Chief of Protocol be notified at the time of the arrival and
departure of all domestic workers in the United States.

Effective October 15, 2009, the Department of State will also require that
foreign missions notify the Department of any prospective domestic worker before
the worker applies for a visa. This "pre--notification" requires foreign missions to
submit a "Pre-Notification of a Domestic Worker" form ("Pre-Notification
Forin") addressed to The
Pre-Notification orm, a sample of which is enclosed, can be found on the Office
of Protocol website under the Diplomatic Affairs section at
The Office of Protocol must receive this notification before a domestic worker
submits an application for an A-3 or G-5 visa and before a visa interview can be
scheduled; such visas will not be issued unless the Pre-Notification Form has been
submitted. Foreign missions should note that this pre-notification process does
not guarantee the issuance of an A-3 or (3-5 visa; nor does it change other
nonimmigrant visa eligibility requirements relating to such visas. The Secretary
of State wishes to advise that the Department of State accepts Pre-Notification
Forms with the understanding that the Chief of Mission has reviewed and
authorized any such proposed employment by a mission member ofa domestic

worker.

In addition to requiring a Pre-Notification Form before a domestic worker
may apply for an A-3 or (3-5 visa, the Department has determined that such visas
will not be issued unless the U.S. consular officer responsible for reviewing the
visa application reasonably concludes that the mission member will be able to
provide the required wages and working conditions (addressed below). Under
this policy, consular otificers will now presume that any prospective foreign
mission employer of a domestic worker who does not carry the diplomatic rank of
Minister or above, or a position equivalent to Minister or above, will not be able
to provide the legally required wages and working conditions. To overcome this
presumption, a prospective mission member not having the rank of Minister or
above would have to demonstrate to the consular officer reviewing the A-3 or (3-5
visa application that he or she has the financial ability to pay the salary of the
domestic worker as specified in the contract, as well as related travel expenses-
The consular officer will also take into consideration the number of domestic
workers that a particular mission member may reasonably have the ability to
employ. if a mission member seeks to replace a domestic worker or add to
his/her existing domestic staff, the A-3 or G-5 visa may be denied if the
Department has credible evidence that the mission member failed to fulfill hisfher
obligations to a former or current employee, such as to abide by the contract

terms generally, and specifically, to pay a fair wage.

Terms of Employment of Domestic Workers by Mission Members

The Chiefs of Mission are reminded that mission members who employ
domestic workers must have a written employment contract. The employment
contract is necessary and required to assist both the employer and the employee in
establishing a good--faith employment relationship in which each is expected to
carry out the terms of the contract. The contract must be in English; and if the
domestic worker does not understand English, the contract must also be in a
language understood by the domestic worker. Two copies of the contract must be
signed by both parties, one for the employer and one for the domestic worker. In
addition, when a prospective domestic worker applies for a visa, the worker must
provide a copy of the signed employment contract to the consular official.

The Department of State is introducing one new requirement to the terms of
employment of domestic workers by mission members, which must be included in
employment contracts. In the past, the Department has required mission members
to retain records of the number of hours worked and the payments made in
connection with that work. Effective October 15, 2009, the Department will
require within 90 days of commencement of employment that wage payments to
domestic workers must be made by either check or electronic fund transfer to a
bank account in the domestic worl<er's name only (cash payments will not be

permissible). Chiefs of Mission are encouraged to implement internal mission

policies to ensure adherence to this obligation so that in the event of a dispute, the
mission will have ready access to payment records-

Mission members' employment contracts with domestic workers must include
the following:

I Description of duties. The contract must describe the work to be
performed, housekeeping, gardening, child care, and must also include
a statement that the domestic employee shall work only for the employer
who signed the contract.

0 Hours of work. The contract must state the time of the normal working
hours and the number of hours per week. It is generally expected that
domestic workers will be required to work 35-40 hours per week. It must
also state that the domestic employee will be provided a minimum of one
full day off each week. The contract must indicate whether the domestic
employee will be provided paid holidays, sick days and vacation days.

- Minimum Wage. The contract must state the hourly wage to be paid the
domestic employee. The rate must be the greater of the minimum wage
under U.S. Federal and state law or the prevailing wage for all working
hours. The contract must state that wages will be paid to the domestic
employee either weekly or biweekly and state also what deductions are to
be taken from the wages. If any deduction is taken for meals or lodging, it
must be no more than is reasonable and must be documented.

I Overtime work. The contract must state that any hours worked in excess
of the normal number of hours worked per week are considered overtime
hours, and that hours in which the employee is "on call" count as work
hours. It must also state that such work must be paid as required by US.
local laws.

in Payment. The contract must state that after the first 90 days of
employment, all wage payments must be made by check or by electronic
transfer to the domestic worker's bank account. Neither Mission members
nor their family members should have access to domestic worker bank
accounts.

0 Transportation to and from the United States. The contract must state
that the domestic employee will be provided with transportation to and
from the United States.

- Other required terms of employment. The contract must state that the
employer agrees to abide by all federal, state and local laws in the United
States. The contract must also include a statement that the domestic
worker's passport and visa will be in the sole possession of the domestic
worker. In addition, the contract must state that a copy of the contract and
other personal property of the domestic employee will not be withheld by
the diplomatic or consular employer for any reason.

- Other recommended terms of employment. The contract must include a
statement that the domestic worker's presence in the employer's residence
will not be required except during working hours. The contract may
include other agreed--upon terms of employment, if any, provided they are
fully consistent with all U.S. federal, state and local laws. Any
modification to the contract must be in writing.

To avoid possible misunderstanding, all mission members employing
domestic workers must maintain for the duration of actual employment plus three
years, a copy of the contract and proofof wage payments, cancelled checks
or electronic fund transfers (signed receipts for cash payments after the first 90
days are not permissible); and a record of daily and weekly hours worked.
including any overtime, and a record of any deductions made.

Treatment of Domestic Workers: Role of the Chief of Mission
The Department looks to the Chiefs of Mission to be responsible for the

conduct of mission members and for ensuring that the treatment of domestic

workers in their employ respects all relevant US. laws. In this regard, the

Department of State recommends that the mission maintain copies of the signed
domestic-worker contracts and be able to review such contracts, as well as
records of payments made to the domestic worker, in the event that the
Department receives credible allegations of a mission mernber's mistreatment of
a domestic worker and seeks mission assistance in gathering further information.

The recently enacted William Wilberforce Trafficking Victims Protection
Reauthorization Act requires the Secretary of State to "suspend for such period as
the Secretary determines necessary, the issuance of A-3 visas or G-5 visas to
applicants seeking to work for officials of a diplomatic mission or international
organization, if the Secretary determines that there is credible evidence that one
or more employees of such mission or international organization have abused or
exploited one or more nonimmigrants holding an A-3 or G-5 visa, and that the
diplomatic mission or international organization tolerated such actions." Should
the Department have to make such an assessment, mission policies and record-
keeping regarding the employment of domestic workers may be relevant to this
assessment.

Finally, the Department of State forwards to the Department of Justice all
credible allegations of abuse of domestic workers by mission members which
may constitute criminal conduct. In that context, the Department of State may

take other appropriate action, including a request for a waiver of any applicable

immunity, based on a determination by an appropriate prosecuting authority.
Mission members are expected to pay the legal minimum wage and abide by
other contract terms and must also be made aware that in the United States,
withholding a person's passport may be evidence of the crime of trafficking in
persons if it is done with the intent of keeping that person in a state of forced
labor. Consistent with the general expectation that mission members pay their
just debts, they are expected to pay any award of damages in cases brought
against them by their former domestic workers.

Documentation Requirements Upon Arrival and Departure

The Chiefs of Mission are reminded that, if a domestic worker is issued a
visa and admitted to the United States, the mission is required to submit the
following documents to the Office of the Chief of Protocol through the e-Gov
system upon the worker's entry into the United States: (1) the form DS-2004
(Notification of Appointment); (2) a copy of the domestic worker's visa; (3) a
copy of Form I-94 ("Departure Record"); and (4) a copy written in English of the
signed contract between the employer and the domestic worker. This official
registration must be completed within 90 days of the date of the original pre-
notification request.
The Secretary of State wishes to remind the Chiefs of Mission that it is the

responsibility of mission members employing domestic workers to retransfer

abroad all domestic workers at the time of termination, unless the domestic
worker has changed employers, or at the conclusion of the mission member's
assignment in the United States. However, the Department does not object to the
employee's changing employers provided tha.t the new employer is in a legal
status to offer such employment, offers fair and reasonable employment
conditions, and assumes the responsibility to transfer the employee abroad at the
conclusion of the employment. The Secretary of State also wishes to remind the
missions that the Of {ice of Protocol must be notified when domestic employees
arrive in the United States, and upon their termination, whether they have
departed the United States or transferred to a new employer. Notification to the
Office of Protocol of the termination of a domestic worker who has left the
employment of mission members will relieve mission members of responsibility
for such workers.
The Government of the United States places strong emphasis on its

commitment to combat abuse and trafficking in persons in all forms, and
underscores that it takes seriously any allegations of mistreatment of domestic

workers by their diplomatic employer.

Department of State,

Washington, September 16, 2009.

Exhibit

6'

(Date)
Employment Contract
For Personal (Doniestic) Employees of

An Alien ofa Foreign Mission in the United
States (Visa A3)

Between

PARTY A: Dr Devyani Khobragade De ut Consul General CGI-NY) (hereinafter referred to as
the Employer)

PAR-TY B: referred to as the Employee)

Victim's name

The Employee wiil go to with the Employer as a domestic employee. The Employer
agrees to employ the Employee at or in connection with the Employer's residence in the
position(s) of ..House keeper and babwsitter ..

Should the Employee leave employment while in the U.S. for any reason, the Employer will be
responsible for ensuring that the Employee departs the U.S. or for contacting the U.S.
Citizenship and immigration Service (USCIS) and the Consular 'Section to report the facts and
to provide full assistance in ensuring the Employee leaves the U.S. as scheduled. The following
employment conditions will apply to the Employer and the Employee during the period of
employment in the U.S.:

The Employee will be 'paid wages at the prevailing or minimum wage rate as required
by law, whichever is greater. The expected hourly salary in__the US. would be .
9.75 '(in excess of NY prevailing for dornestic

It is expected that the Employee will work 40 hours and five days a week as per the general

workweek norm in the U.S. and that the Employee will receive overtime pay accordingly if
work is performed beyond 40 hours .a week.

a The normal number of hours per week shall be 40 hours, including the following normal-

work hours: Sunday Monday (from 7am to 12pm 6:30pm-8:30pm) Tuesday

. to 12pm Wednesday (from 7am to 121cm 8: Thursday
(from 7am to 12pm 8: Friday (from 7am to 12o'm'EURz 6:30pm-8:30pm} and
Saturday (from 8am to 1:00pm). it is understood that those hours in which the Employee is "on
call" count as paid work hours.

_lIl Wages s-hall be paid biweekly by electronic fund transfer to the Employee's bank account.

Copies of pay records will be made available without charge to the Employee. Neither the
Employer nor Employer's family members will have access to the Employee's bank account.
After the first 90 days of employment, all wage payments must be made by check or by
electronic transfer to the Employee's bank account.

1) ll) .
Victim' X\n1tials

id'? imm,

The Employee shaa be provided a minimum 'of at least full day off each week,
which day(s) will normally be SUNDAY

in addition, the Employee will be provided time--off from work, as follows (exceeding US
DOL Bureau of Labor Statistics

Holidays (With Pay): 7
Sick Days (With Pay): 7
Vacation Days (With Pay): 7

The Employee will be provided with round--trlp transportation to and from the U.S., at
no cost to the Employee, at-the beginning of employment and after its termination.

CI

The Employer agrees to abide by all Federal, state and local laws in the U.S.

The Employee shall work only forthe Employer while in the U.S.

The Employee's passport and visa will be in the sole possession of the Employee.

A copy of this contract and other personal property of the Employee will not be withheld
by the Employer for any reason.

The. Employee will not be required to remain on "the Employer's premises after
working hours unless properly compensated. .

The Employee agrees that under no conditior'.- will mg depart the employment and remain
in the U.S. without legal authorization. the Employee wili return to home
-5 country upon leaving ernployrnee t.

Cl l:ll:lEll:l

El Any modification to this contract must be in writing. .,

El Other benefits normally required for domestic workers in the area of employment:

medical care, full board and lodging shall be provided at Employer's expense,
with no unpermitted deductions

If the employee does not read and write English, there must also be a second contract in the
language understood by the employee. Contract is to be carried with the Employee in the event
ii: is requested by the Department of Homeland Security, Customs 3 Immigration Service.

Signed: -- Signed:

(EMPLOYER) (EMPLOYEE)
ilbli'
New biELl1_i':
ll'

<<(alt arms-'tr
(Dr. DEVVAN5

3 -
Minirm-y at

New Delhi



[Victim's signature]


"l/O I

[Witness (1

signature]

[Witness signature]

Exhibit

mom Non

Government of National Capital Territory of Delhi

e-Stamp

..

Qoertmcate No.
ECertlilcate issued Date I 23-Nov-2012 12:55 PM
2 iAccountFteference

_,gUnlque Doc. Reference
3: Purchased by . Dr Devyanl Khobragade
3 Description of Document Article 5 General Agreement ;5
Property Description . NA
Consideration Price (Rs.j 0

Party Dr Devyanl Khobragade

Wt; lfsecond Party NA
istamp Duty Paid By DrDevyanlKhobragade
gstamp DutvAmount(Fts.)

e.

-2 .-
..-..-.


3 S.

I

- .- .

New Delhi
21st Nov, 20"l'2'

Employment Contract

For Personal (Domestic) Employees of

An Alien of a Foreign Mission in the
United States (Visa A3.)

. .. ..

Statuetary Alert: . it
1. The authenticity of the Stamp Certificate can be vertlled amutltorlsad Collection Centers (ACCB), Si-lClt- and Sulweglutrar Ollicns . 1 .1 -:
2. The Contact Deteite ol'ACCs, SHCIL Offices and SRO: are available on the Web site

Between

PARTY A: Dr Devyani Khobragade -(Deputy Consul General -- CGI-NY)

(hereinafter referred to as the Em Io er)
PARTY B:
to as the Employee) [victimv 5 name]


(hereinafter referred

The Employee will go' to the U.S. with the Employer as a domestic employee. The
Employer agrees to employ the Employee at or in connection wi.th the Employer's
residence in the position(s) of House keeper and

The following employment conditions will apply to the Employer and the

Employee during the period of employment in the U.S.:

The Employee will be paid an expected salary of Rs. 25,000

per month with an additional Rs. 5000 for overtime, i.e. work on Sunday,
after hours and for parties etc. The maximum salary per month including
the overtime allowance will not exceed Rs. 30,000 per month.

Cl Wages shall be paid by electronic fund transfer to the
Employee's bank account. Copies 'of pay records will be made available
without charge to the Employee. Neither the Employer nor Employer's family
members will have access to the Employee's bank account. After the first 90
days of employment, all wage payments must be made by check.or by
electronic transfer to the Employee's bank account.

(E El The Employee shall be provided a minimum of at least one full day off
'each week, which day(s) will normally be
SUNDAY

(R) El The Employee will be provided with round--trip transportation to and from
the at no cost to the Employee, at the beginning of employment and

'after its termination.

(D The Employee shall work only for the Employer while in the U8.

(ID 13 The Emp|oyee's passport and visa will be in the sole possession of the
Employee.

Signed:

(E El A copy of this contract and other personal property of the Employee will
not be withheld by the Employer for any reason.

El The Employee will not be required to remain on the Employer's
premises after working hours unless properly compensated.

(ID El The Employee agrees that under no condition will depart the
employment and remain in the U.S. without legal authorization. Instead, the
Employee will return to gel' home country upon leaving
employment.

(E El Any modification to this contract must be made in writing.

[1 Other benefits normally given would be:
medical care full board and lod in shall be rovide-d at
Employer's expense. with no unpermitted deductions

(EMPLOYER)

Signed:
[Victim's signature]
(EMPLOYEE)

[w't 's signature]

ExhibitLG

FIRST INFORMATION REPORT
( Under Section 154 Cr.P.C. )

( Internet Copy )
1. District: SOUTH DISTT
2.

P.S.: FATEHPUR BERI

Year: 2013

Act(s):

Date: 09-10-2013

Section(s):
387/420/120B

(i) IPC 1860
3.

FIR No.: 348

Occurence of Offence:
Date From:

Date To:

Time From:

Time To:

(b) Information received at P.S:

Date: 09-10-2013

Time: 10:35 hrs

(c)

Entry No.: 15A

Time: 10:35 hrs

(a) Day:
Time Period:

Daily Diary Reference :

4.

Type of Information:

5.

Place of Occurrence:

WRITTEN

(a) Direction and Distance from P.S:

/ 0.00Km.

Beat No.:

07

(b) Address: DELHI,SULTANPUR, NEW DELHI
(c) In case, Outside the limit of the Police Station:
Name of P.S:
6.

District:

Complainant / Informant :
(a) Name: DR DEVYANI KHOBRAGADE
(b) Date/Year of Birth:
(c) Passport No.

Nationality:
Date of Issue:

(d) Occupation:

Place of Issue:

[Address]

(e) Address: CONSULATE GENERAL OF INDIA,

. NEW YORK, NY-10065

7. Details of Known / Suspected / Unknown accused with full particulars(attach separate sheet if necessary).:
(i)
8.

Reason for delay in reporting by the complainant / informant:

9.

Particulars of properties stolen/ involved(attach separate sheet if necessary):
Sl.

Property Type(Description)

10.

Total value of property stolen:

11.

Inquest Report / U.D. Case No., if any:

12.

Est. Value(Rs.)

F.I.R Contents(attach separate sheet,if required):

-- 1 --

Status

( Internet Copy )
District: SOUTH DISTT

P.S.: FATEHPUR BERI

Year: 2013

FIR No.: 348

Date: 09-10-2013

Sub:- FIR from Devyani Khorbagade, Deputuy Consul, New York From "Dr. Devyani Khobragade" Date
Wednesday, July 3, 2013 1:18 To [Email addresses]
'CG' , [Email address]
'V Perumal' , '''G. Balasubramanian E/I Washington" Dear Shri
[Email address]
Jaiswal, Im sending a FIR against [Victim's name]
, resident of Mehrauli, New Delhi,
for fraud, willful deceit, harassment, and extortion. A receipt of acceptance of this FIR would be highly
appreciated. Dr. Devyani Khobragade Deputy Consul General Consulate General of India, NY Tel: [Tel. nos]
Fax :[Fax number] Mobile + [Tel. number] Subject FW: Vetting of draft police complaint From [Email address
[Email address]
Date Tuesday, July 2,2013 18:32 To [Email address]
From : Uttam Khobragade
(mailto: [Email address]
) Sent : 02 July 2013 09:42, To Uttam Khobragade Subject: Fwd: Vetting of
draft police complaint. Forwarded message From: Devyani Khobragade Date : Tue, Jul 2, 2013 at 7.50 AM,
Subject: Vetting of draft police complaint To: [Email addresses]
Bajaj Consul NYC , CG Dear Sir, This has been been by CG. May kindly approve expeditiously. July 1,2013 To
Police Station Incharge, Mehrauli Police Station, New Delhi Complainant: Dr. (Mrs.) Devyani Khobragade
Presently working as Deputy Consul General, Consulate General of India, Address
. New York, NY-10065;
[
[Victim's name]
Tel: +[Tel. number]
E-mail.[Email address]
Accused: No. 1
[Victim's and Victim's husband's name and [Email
address]

address]

Sub - complaint under Section 420,408,403,120 of Indian Penal
Code. Sir, Complainant belong to Indian Foreign Service (1999 Batch) and served conutry in Germany, Pakistan
and Italy in diplomatic positions. Complainant was informed by Government of India, Ministry of External Affair,
New Delhi, 17th August, 2012 that she has been posted as Consul in new York U.S.A. and she was looking for
domestic help to take care of her household work during her posting at new York. Both accused approached
complainant stating that they are not having job and need money for children's education. Accused no 1 will
come to New York to take care of her household work for monthly salary of Rs 30000/- and arrangement of stay
and food along with complainant in addition to salary. On this promise of accused no. 1, complainant requested
Government of India to issue Official Passport to accused no 1. Both accused were fully aware that this Official
Passport is property of Government of India and accused no. 1 can hold this passport as long as she works with
complainant as domestic help. Accused no. 1 therefore proceeded along with complainant on air ticket given by
Government of India for her status as domestic assistant to complainant. Accused was incharge of kitchen, baby
sitting and other domestic work from her landing at New York. In mid - March 2013, accused No. 1 asked the
complainant if the accused No. 1 can work outside on her off days, to which accused No. 1 was informed by the
complainant that in accused No. 1' s position as domestic assistant to the complainant of an Official passport with
dependent visa, accused No. 1 is not entitled to work outside. On 18th June 2013, accused No. 1 came to the
office of the complainant, i.e., Consulate General of India, for the first time and mentioned that she felt
overburdened by work at home and would feel happy to stay and work outside the complainant's house from 7
pm to 7am. While the complainant explained to her that her well being and conduct during her stay under the
complainant's employment was complainant's responsibility and hence it may be difficult for the accused to stay
and work outside. The complainant also informed the accused No. 1 that as the accused No. 1 came on Official
Passport and as a domestic assistance of complainant herhaps Government rules do not permit her to stay
beyond the limit of Consulate premises. On 21st June 2013, complainant went to New Jersey for weekend. On
23rd June when complainant came back, accused no. 1 was not at home. As every Sunday accused No. 1 used
to go out to church and meet friend at beauty parlour, her absence was treated as routine. However when the
accused No. 1 did not return on Sunday night, complainant got worried and stated contacting accused No. 1 on
cell phone no. +1-646-421-7240 to which there was no response. On enquiry, husband of complainant told that
accused No. 1 left on 21st June afternoon telling that she is going for shopping. When accused No. 1 did not
come back on 24th June, complainant contacted accused no. 2 (husband of accused no. 1) who in turn told that
he is not aware of the whereabouts of accused no. 1. Thereafter complainant searched room allotted by her to
accused no. 1 and found that accused left with most of her belonging and Official passport which is property of
Government of India and she is not entitled to hold said passport if she cease to be domestic assistant of
complainant. Complainant requested accused no. 2 to sent a missing person complaint by e-mail so that a
complaint can be registered with the local police in New York. However, accused No. 2 refused to do so and,
therefore, complainant reported the incident to the local police as a missing person report can only be filed by the
family member. After repeated requests, accused no. 2 confirmed that accused no. 1 contacted himon 28th June
[Address]

-- 2 --

( Internet Copy )
District: SOUTH DISTT

P.S.: FATEHPUR BERI

Year: 2013

FIR No.: 348

Date: 09-10-2013

but did not give the phone number from which the call was made. It is evident from conduct of both accused that
they made false promise to work as domestic assistance just to procure Official passport and enter U.S.A. by
misusing position as domestic assistant of complainant and thereafter to work as freelance servant and earn
huge money, many times more than that of her agreed salary and thus committed offence of cheating u/s 420
120 of I.P.C. Accused no. 1 was given custody of Official passport which is property of Government of India and
was duty bound to surrender said passport the moment she ceased to be domestic assistance on 21st June
2013, the day she left the house and stopped reporting for duty. But accused no. 1 is wrongly keeping with her
and using Official passport which was entrusted to her in her capacity of domestic assistance of complainant and
thus committed offence under section 403 and 408 of I.P.C. Both accused are citizens of India and conspiracy
was planned in Delhi. You are requested to book them for above mentioned offence and recover Official passport
which is property of Government of India. (Dr. Devyani Khobragade) Deputy Consul General Consulate General
of India New York. "Confidentiality Warning: This message and any attachments are intended only for the use of
the intended recipient(s), are confidential and may be privileged. If you are not the intended recipient, you are
hereby notified that any review, retransmission, conversion to hard copy, copying, circulation of other use of this
message and any attachments is strictly prohibited. If you are not the intended recipient, please notify the sender
immediately by return email and delete this message and any attachments from your system. Virus Warning:
Although the company has taken reasonable precautions to ensure no viruses are present in this email. The
company cannot accept responsibility for any loss or damage arising from the use of this email or attachment."
¨ Duty officer
Through Email, Dr.
Devyani Khobragade Deputy Consul General, Consulate General of India New York
Enquiry

Legal opinion Directorate of Prosecution

As per opinion  u/s 387/420/120B


IPC

English SI Rajbir Singh P.S. F.Pur Beri N.D. No. D-4380 9/10/13

348/13, u/s 387/420/120B IPC
SI Rajbir Singh HC/DO

13. Action Taken (Since the above information reveals commission of offence(s) u/s as mentioned at item no.2 :
OR

(i) Registered the case and took up the investigation
(ii) Directed (Name of the I.O):

Rank:
to take up the investigation,OR

PIS No.:
(iii) Refused investigation due to:

OR

(iv) Transferred to P.S(name):

District:

on point of jurisdiction.
F.I.R. read over to the complainant / informant, admitted to be correctly recorded and a copy given to the
complainant / informant, free of cost :
R.O.A.C:
14.
Signature of Officer

Signature / Thumb Impression of
The Complainant / Informant :

Name:
Rank:

15.

Date and Time of dispatch to the court:

-- 3 --

PIS No.: