VISAS FOR DOMESTIC WORKERS OF FOREIGN DIPLOMATS ASSIGNED TO THE UNITED STATES (A3) AND INTERNATIONAL ORGANIZATIONS IN THE U.S. (G5)
U.S. law (22CFR/9 FAM 41.22 N4, Aliens Entitled to A-3 or G-5 Classification, (CT:VISA-1438; 06-02-2010) requires that domestic workers be properly registered with the Office of Foreign Mission Management Information System (TOMIS) of the Department of State before applying for an A3 or G5 visa. Hence, the foreign mission to the U.S./U.N. and other international organizations, such as the World Bank Group must complete and send the following notifications to the Protocol Office of the Department of State for action:
- Pre-Notification of Employer at foreign mission (foreign officials or diplomats who will be assigned to the U.S.),
- Pre-Notification of a Domestic Worker.
An A3 or G5 visa applicant can apply only after TOMIS registration. It is the employer’s responsibility to ensure that TOMIS registration is complete and all other aspects of U.S. immigration, labor and wage laws, are satisfied before seeking an A3 or G5 visa for a domestic worker. Consular officers must confirm compliance with TOMIS registration and other requirements of U.S. law before approving any visa.
22CFR/9 FAM 41.22 N4, Aliens Entitled to A-3 or G-5 Classification, (CT:VISA-1438; 06-02-2010)
An A-3 or G-5 visa may be issued to an applicant who is the personal employee of an alien of a foreign mission in the United States in the A-1 or A-2 or (in a G-5 case) the G-1, G-2, G-3 or G-4 visa category. In order for an applicant to receive an A-3 or G-5 visa, the employer must be in “A” or “G” visa status, respectfully, and the foreign mission must have submitted the necessary “Pre-Notification of a Domestic Worker” form to the Office of Protocol. This form is issued by the United States Mission to the United Nations and is attached at the end of a Diplomatic Note. You must check the diplomatic status of the employer and receipt of the necessary pre-notification through The Office of Foreign Mission Management Information System (TOMIS) that is available in the Consular Consolidated Database (CCD) under the “Cross Applications” menu. In the event that the employer is not yet listed in TOMIS, but has been issued an A-1 or A-2, or G-1, G-2, G-3, or G-4 visa, you may rely upon a note from the Foreign Ministry or (if the employer has a G-4 visa) the appropriate office of the international organization, confirming the employer’s accreditation and his or her employment of the applicant. If there is no TOMIS record of pre-notification with regard to the A-3 or G-5 applicant, refuse the case under INA 221(g) (8 U.S.C. 1201(G)) pending confirmation in TOMIS.