A-3 Visa: Eligibility, Employment Contract, and Application

The A-3 visa is a U.S. nonimmigrant classification for the personal employees, attendants, and domestic workers of foreign officials who are already in the United States on A-1 or A-2 diplomatic status. It covers roles like housekeepers, nannies, cooks, and personal drivers, and it comes with a written contract, wage protections, and a State Department application process built around preventing abuse.

Who Qualifies

The classification comes from Section 101(a)(15)(A)(iii) of the Immigration and Nationality Act, which covers attendants, servants, and personal employees of A-1 and A-2 officials, plus the immediate family of those workers.¹ Your employer must already hold valid A-1 or A-2 status in the United States.

A-3 visas are issued only “upon a basis of reciprocity.” Your home country has to offer comparable visa treatment to the personal employees of U.S. officials posted there.¹ The State Department maintains reciprocity schedules by country, and if yours does not extend those privileges, the visa is unavailable regardless of your employer’s rank.

Your spouse and unmarried children under 21 can receive derivative A-3 status and come with you, though they cannot work in the United States unless separately authorized.

There is also a screen on the employer’s side. Consular officers must presume a worker is ineligible if the diplomatic employer has a history of noncompliance with A-3 contracts, employees who have disappeared, or credible allegations of mistreatment.² The officer must also be reasonably satisfied that the employer can actually deliver the wages and conditions promised in the contract.

What the Employment Contract Must Contain

An A-3 application depends on a written employment contract signed by both worker and employer before any visa forms are filed. It has to be in a language the worker understands, and the Foreign Affairs Manual sets out what it must cover.³

Wages, Hours, and Overtime

The contract must state an hourly rate at or above the highest applicable minimum wage under federal, state, or local law. The federal floor is $7.25 per hour, but if the employer is posted somewhere with a higher minimum wage, that higher rate governs.³ For employers assigned to the United States for 90 days or more, the contract must be updated when the applicable minimum wage changes.

It must also specify the usual weekly hours, which cannot be less than 35, and must state a separate overtime rate for any hours beyond the overtime threshold under federal, state, or local law.³

Deductions, Travel, and Personal Documents

The employer cannot take anything out of the salary except what the law requires, such as tax withholdings. Recruitment fees, placement agency costs, and similar charges cannot be shifted to the worker. The employer also has to pay all travel costs: the flight to the United States at the start of the job, the return trip when it ends, and any employer-required travel in between.³

The contract must explicitly state that the employer will not take or control the worker’s passport, visa, contract, registration card, or any other personal property for any reason.³

Live-In Arrangements

If you will live at your employer’s residence, the contract has to reflect that and the employer must provide free room and board on top of your full salary. The accommodations must include a private bed, access to a bathroom, kitchen facilities, and proper food storage.³ The employer cannot charge for housing or meals or subtract their value from wages.

How to Apply

Pre-Notification by the Mission

Before a consular officer can decide the case, the employer’s foreign mission has to submit a pre-notification form to the State Department’s Office of the Chief of Protocol. That step lets the Department flag concerns about the employer up front. Completing it does not guarantee approval and does not waive any other eligibility requirement.²

Form DS-160 and Supporting Documents

The worker files Form DS-160 online through the Consular Electronic Application Center.⁴ Along with the form, you generally need:

A passport valid for at least six months beyond your intended stay.
A recent color photograph meeting State Department specifications.⁵
The signed employment contract meeting the requirements above.
A diplomatic note from the employer’s mission confirming the employer’s official status and the nature of the employment.

The Interview and the Wilberforce Pamphlet

Every A-3 applicant attends an in-person interview at a U.S. Embassy or Consulate. Before the interview, you must read the Wilberforce Pamphlet, which explains your rights under U.S. law, the illegality of forced labor and trafficking, and where to get help. The consular officer will confirm at the interview that you read it and understood it.⁶ The requirement traces to Section 202 of the William Wilberforce Trafficking Victims Protection Reauthorization Act.⁷

The officer will review the documents, confirm you intend to do only the work described in the contract, and assess whether the employer can realistically provide the promised conditions. Processing time after approval ranges from a few days to several weeks depending on the post.

How Long You Can Stay and Who You Can Work For

An A-3 admission is granted for up to three years initially. Extensions are available in increments as long as the underlying diplomatic employment continues and are filed on time.⁸ There is no absolute cap on total time in A-3 status.

You are tied to the specific employer named in the application. Taking any other job violates your status and can lead to removal and future entry bars. If the job ends, you have to leave the country or move to a different visa classification if one is available to you. The employer is separately required to notify the State Department when the employment ends.

Taxes and Social Security

A-3 workers are taxed differently from the A-1 and A-2 diplomats who employ them. Diplomatic officials are generally exempt from Social Security and Medicare taxes on their official salaries; A-3 domestic workers usually are not. Your wages may be subject to Social Security and Medicare taxes unless a totalization agreement between the United States and your home country provides an exemption.⁹ The United States has totalization agreements with roughly 30 countries, so the answer depends on your nationality.

You will generally need a Social Security number to comply with reporting requirements. Applying means visiting a local Social Security office with at least two original documents proving identity, age, and work-authorized immigration status. An unexpired foreign passport with a current admission stamp showing work authorization is typically accepted. The Social Security Administration verifies immigration documents with the Department of Homeland Security before issuing a number, which can add several weeks to the timeline.¹⁰

Rights and Safeguards on the Job

The Wilberforce Pamphlet given to every applicant states that slavery, forced labor, trafficking, and sexual assault are illegal in the United States regardless of an employer’s diplomatic status. It confirms your right to keep your own passport, to access legal help, and to report abuse without retaliation.⁷ It also lists the National Human Trafficking Hotline (1-888-373-7888), which operates around the clock in more than 200 languages.⁶

Workers who are victims of trafficking or severe exploitation may qualify for a T nonimmigrant visa, which provides status independent of the employer and a path toward permanent residence. The employer pre-notification screening and the consular presumption of ineligibility for employers with abuse histories are the two front-end tools the State Department uses to keep bad-actor employers out of the program.²

1
Office of the Law Revision Counsel. 8 USC 1101 – Definitions
2
U.S. Department of State. Employment of Domestic Workers: Requirements and Procedures
3
U.S. Department of State Foreign Affairs Manual. 9 FAM 402.3 – Officials and Employees of Foreign Governments and International Organizations
4
U.S. Department of State. DS-160: Online Nonimmigrant Visa Application
5
U.S. Department of State. Photo Requirements
6
U.S. Department of State. Wilberforce Guidance – Rights and Protections for Temporary Workers
7
U.S. Congress. William Wilberforce Trafficking Victims Protection Reauthorization Act – Public Law 110-457
8
eCFR. 8 CFR 214.2 – Special Requirements for Admission, Extension, and Maintenance of Status
9
Internal Revenue Service. Aliens Employed in the U.S. – Social Security Taxes
10
Social Security Administration. Foreign Workers and Social Security Numbers