18-1686
The Secretary of State presents his compliments to Their Excellencies, and
Messieurs and Mesdames the Chiefs of Mission and has the honor to announce the
newest version of the accreditation policy handbook by the Office of Foreign
Missions (OFM). This handbook is intended to inform foreign missions and
international organizations of the Department’s rules regarding notification and
accreditation of personnel and their families.
The enclosed handbook supersedes all prior circular notes on the subject of
notification and accreditation with respect to the missions and individuals covered
by the document. Nothing in the handbook shall be construed as preventing the
Department from applying the provisions of the policy restrictively on a basis of
reciprocity or according more favorable treatment than that which is set forth in the
handbook on the basis of existing and future bilateral arrangements.
Enclosure:
As stated.
Department of State,
Washington, October 31, 2018.
RevisedOctober30,2018
Accreditation
Polic
y
Handbook
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Revised October 30, 2018
ACCREDITATION POLICY HANDBOOK
OFFICE OF FOREIGN MISSIONS
October 30, 2018
Table of Contents
1 OVERVIEW ........................................................................................................................................ 3
1.1 Introduction ..................................................................................................................................... 3
1.2 Not Covered in This Document ...................................................................................................... 4
2 VISA REQUIREMENTS ................................................................................................................... 5
2.1 Visa Eligibility ................................................................................................................................. 5
2.2 Visa Requirement for Employment with a Foreign Mission....................................................... 5
2.3 Diplomatic Note Requirement for A or G Visa Requests ............................................................ 6
2.3.1 Foreign Government Employees (A-1, A-2, G-1, G-2, G-3) ................................................ 6
2.3.2 IO Employees (G-4) .............................................................................................................. 6
2.4 Individuals in Possession of an A or G Visa Seeking a Change of Nonimmigrant Visa Status 7
2.4.1 Present in the United States in A or G Nonimmigrant Visa Status . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
2.4.2 Not Present in the United States in A or G Nonimmigrant Visa Status, But Holds Valid A
or G Visa 8
2.5 Individuals in Possession of a U.S. Nonimmigrant Visa Other Than an A or G Visa .............. 8
3 NOTIFICATION OF APPOINTMENT (NOA) .............................................................................. 8
3.1 Embassy ........................................................................................................................................... 9
3.1.1 Diplomatic Agents (Embassy) .............................................................................................. 9
3.1.2 Administrative & Technical Staff (Embassy) ..................................................................... 11
3.1.3 Service Staff (Embassy) ...................................................................................................... 1 2
3.1.4
Military Personnel (Embassy) ............................................................................................. 14
3.1.5 Locally Engaged Staff – U.S. Citizens and LPRs (Embassy) ............................................. 16
3.1.6 Locally Engaged Staff – Permanently Resident in the United States for Purposes of the
Vienna Conventions (Embassy) .......................................................................................................... 16
3.1.7 Employees Working Outside the Diplomatic Mission Premises (Embassy) ...................... 17
3.1.8 Dependents (Embassy) ........................................................................................................ 17
3.2 Consular Post ................................................................................................................................ 19
3.2.1 Career Consular Officers .................................................................................................... 20
3.2.2 Consular Employees ........................................................................................................... 2 2
3.2.3 Service Staff (Consular Post) .............................................................................................. 24
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3.2.4 Locally Engaged Staff - U.S. Citizens or LPRs (Consular Post) ........................................ 26
3.2.5 Locally Engaged Staff – Permanently Resident in the United States for Purposes of the
Vienna Conventions (Consular Post) .................................................................................................. 26
3.2.6 Employees Working Outside the Foreign Mission Premises (Consular Posts) .................. 27
3.2.7 Requests for Dual Accreditation in New York (Permanent Mission to UN & Consular
Post) 27
3.2.8 Dependents (Consular Posts) .............................................................................................. 28
3.2.9 Consular Agents .................................................................................................................. 30
3.2.10 Honorary Consular Officers ................................................................................................ 31
3.3 Miscellaneous Foreign Government Office (MFGO) ................................................................ 32
3.3.1 Locally Engaged Staff - U.S. Citizens or LPRs (MFGO) ................................................... 33
3.4 NATO ............................................................................................................................................. 33
3.5 Other Foreign Missions for Purposes of the Foreign Missions Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4
4 Notification of Change (NOC) ......................................................................................................... 34
4.1 Full-time Justified Students ......................................................................................................... 34
5 Notification of Termination (NOT) ................................................................................................. 35
6 Immunities ......................................................................................................................................... 36
6.1 Duty to Respect Laws ................................................................................................................... 36
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1 OVERVIEW
1.1 Introduction
This handbook informs foreign missions of the Department’s rules regarding notification and
accreditation of foreign mission personnel and their dependents. The rules herein are intended to
be consistent with the Vienna Convention on Diplomatic Relations (VCDR), Vienna Convention
on Consular Relations (VCCR), International Organizations Immunities Act (IOIA) (22 U.S.C.
§ 288 et seq.), Foreign Missions Act (FMA) (22 U.S.C. §§4301-4316), Immigration &
Nationality Act (INA) (8 U.S.C. § 1101 et seq.), and other applicable treaties and U.S. laws. This
document supersedes all prior circular notes on the subject of notification and accreditation with
respect to foreign missions.
Nothing in this document shall be construed as preventing the Department from applying the
provisions of this policy restrictively on a basis of reciprocity or according more favorable
treatment than that which is set forth herein on the basis of existing and future bilateral
arrangements.
Foreign missions are required to notify the Department promptly of the appointment and
termination of duties of all members of the staff, including all locally engaged (LE) staff and
part-time employees, and members of their families. Foreign missions must also promptly notify
the Department of any changes in status of foreign mission personnel, such as admission to legal
permanent resident (LPR) status, changes in position, or changes in family (such as the birth or
adoption of a child; the arrival of a spouse, parent, or child from abroad; the departure from
either the household or country, or death, of any family member; changes in marital status; etc.).
These reporting requirements enable the Department to maintain accurate records of foreign
mission personnel in the United States and are essential to continued enjoyment by personnel of
the rights, privileges, and immunities which they may enjoy in the United States. In addition,
because information about immunities is used for various purposes, the Department wishes to
ensure this information is as accurate as possible, particularly for publications (i.e., the
Diplomatic List) and for providing guidance to law enforcement and other federal, state, and
local officials, as appropriate.
The notification of all employees, including U.S. citizens and LPRs, is also important to
avoid running afoul of the Foreign Agents Registration Act of 1938, as amended, 22 U.S.C.
§§ 611-21. Section 3 of that Act (22 U.S.C. § 613) requires the recognition of every
employee’s official status and knowledge of his/her activities by the Secretary of State in
order to establish exemption from the requirement of registration as a foreign agent with
the Department of Justice.
Further, foreign missions are responsible for maintaining accurate and comprehensive records of
all employed personnel.
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In accordance with Vienna Conventions, the acceptance of accreditation for foreign mission
personnel is solely within the discretion of the Department, subject to reciprocity and the criteria
below. Requests for exceptions to these guidelines will be considered on the basis of reciprocity
or in truly extenuating circumstances.
Foreign missions may email related questions to OFM-FMMA@state.gov and are reminded that
the address OFM-Accreditation@state.gov is no longer in use.
1.2 Not Covered in This Document
This handbook does not address rules specific to employees accredited to or employed by
the United Nations (UN), please visit the website of the U.S. Mission to the UN at
http://usun.state.gov/about/6632/6637.
This handbook does not address rules specific to the accreditation of bilateral chiefs of
mission (including the agrément process), chargé d’affaires, deputy chiefs of mission,
and their families. Please direct questions relating to these individuals to the Office of the
Chief of Protocol at DiplomaticAf[email protected].
This handbook does not address rules relating to the pre-notification and employment of
domestic workers by foreign mission members. Please direct related questions to the
Office of the Chief of Protocol at [email protected].
This handbook does not address rules specific to the establishment of diplomatic or
consular posts or other foreign mission properties. Please direct related questions to the
Office of Foreign Missions (OFM) at [email protected].
This handbook does not address visa classification, qualification, and domestic visa
issuance, including facilitation with changes or extensions of nonimmigrant visa status.
Please direct related questions to the Office of Visa Services in the Bureau of Consular
Affairs at [email protected].
This handbook does not address rules specific to notifying NATO visa holders to the
Department for the purpose of obtaining dependent employment authorization documents
(EADs). Please direct related questions to [email protected].
This handbook does not address step-by-step procedures in using the Department’s
eGovernment system (eGov) for transactions. Please direct procedural questions to
[email protected]. Please direct technical questions to
[email protected]. The eGov website may be accessed through this link:
https://egov.ofm.state.gov/Home/Login?ReturnUrl=%2f.
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2 VISA REQUIREMENTS
2.1 Visa Eligibility
Visit the Consular Affairs’ website for specific information about obtaining or renewing an A or
G visa, as well as the website for the U.S. embassy or consular post at which the individual will
be applying for a visa: https://travel.state.gov/content/travel/en/us-visas/other-visa-
categories.html.
2.2 Visa Requirement for Employment with a Foreign Mission
Other than U.S. citizens and LPRs, the Department generally only accepts the accreditation of
individuals who hold the following visas as members of the staff of a foreign mission
:
A-1, A-2: Foreign government officials and employees at an embassy or consular post
A-2: Staff at miscellaneous foreign government offices (MFGOs)
G-1: Foreign government officials and employees (regardless of rank) at a member
state’s mission to a designated international organization (IO)
G-3: Generally includes foreign government officials and employees (regardless of rank)
at a state’s mission to a designated IO where the government is not a member of the IO
G-4: Officers and employees of a designated IO assigned to that IO
All members of the family forming part of the household of the principal official or employee,
unless they are U.S. citizens or LPRs, must generally hold a visa that matches the visa
classification of the principal official or employee whom they are accompanying or following to
join. Certain exceptions may exist for dependents working for a foreign mission. Foreign
missions may email these exceptional case to [email protected] for further guidance.
Visas for personnel traveling to the United States as newly hired or arrived foreign mission
personnel must be obtained prior to entry into the United States and prior to the newly hired or
arrived principal’s performance of services. Notifications of appointment (NOAs) will not be
accepted, Department documents (e.g., identification (ID) card, tax exemption card, driver’s
license, etc.) will not be issued, nor privileges and immunities afforded for any newly hired or
arrived principal not present in the United States in A or G nonimmigrant visa status. It should
be noted, in some circumstances, a principal or dependent may be eligible for an A or G visa and
not enjoy privileges and immunities.
U.S. citizens and LPRs may be employed in any position except as a diplomatic agent or career
consular officer. They do not require a visa for this employment and are otherwise not entitled to
A or G nonimmigrant visa status. However, foreign missions are required to notify the
Department of the employment and termination of these types of employees.
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2.3 Diplomatic Note Requirement for A or G Visa Requests
2.3.1 Foreign Government Employees (A-1, A-2, G-1, G-2, G-3)
In accordance with circular note No. 16-855, regarding visa issuance and dated June 3, 2016,
available at http://www.state.gov/documents/organization/227759.pdf, when an individual
applies for a new A-1, A-2, G-1, G-2, or G-3 visa outside the United States, or requests a change
into A-1, A-2, G-1, G-2, or G-3 nonimmigrant visa status within the United States, the sending
government must provide a diplomatic note that contains the following information:
the government official’s or employee’s name, date of birth, position and title, place of
assignment or visit, purpose of travel, a brief description of his or her duties, travel date,
and the anticipated length of the tour of duty or stay in the United States; and
the names, relationships, and dates of birth of any immediate family members forming
part of the household of the government official or employee and who will be
accompanying or joining the government official or employee.
For foreign government officials and employees, who are assigned to a foreign mission in the
United States for 90 days or more, the “place of assignment or visit” must be the appropriate
foreign mission where the individual will be serving. The diplomatic note submitted on behalf of
such accredited officials or employees generally must originate from the sending government’s
Ministry of Foreign Affairs, and not from an embassy, consular post, or MFGO located in the
United States. An exception to this is for accredited officials or employees routinely renewing
their A-1, A-2, G-1 or G-3 visas domestically by submitting an embassy, consular post, or
MFGO note, or an officially stamped application confirmation, to the Visa Office’s Diplomatic
Liaison Division.
In the case of a career official or employee currently assigned outside of the United States and
outside of the sending state, the Department may accept a note from the embassy or consular
post at which the individual is currently assigned, provided the note certifies that the sending
government’s Ministry of Foreign Affairs supports the visa application.
Consistent with immigration laws and regulations, the Department may require additional
documentation to establish whether a particular applicant qualifies for an A-1, A-2, G-1, G-2, or
G-3 visa.
2.3.2 IO Employees (G-4)
In accordance with circular note No. 16-886, dated June 7, 2016, available at
http://www.state.gov/documents/organization/227761.pdf, when an individual applies for a new
G-4 visa outside the United States, or requests a change into G-4 nonimmigrant visa status within
the United States, the IO must provide a note that contains the following information:
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Revised October 30, 2018
the IO officer’s or employee’s name, date of birth, position and title, place of assignment
or visit, purpose of travel, a brief description of his or her duties, travel date, and the
anticipated length of duty or stay in the United States, and
the names, relationships, and dates of birth of any immediate family members forming
part of the household of the officer or employee and who will be accompanying or
joining the officer or employee.
Consistent with immigration laws and regulations, the Department may require additional
documentation to establish whether a particular applicant qualifies for a G-4 visa. For
employees routinely renewing their G-4 visas domestically, the IO may submit a note or
officially stamped application confirmation to the Visa Office’s Diplomatic Liaison Division.
2.4 Individuals in Possession of an A or G Visa Seeking a Change of
Nonimmigrant Visa Status
2.4.1 Present in the United States in A or G Nonimmigrant Visa Status
For the most up-to-date information regarding changing nonimmigrant visa status within the
United States please visit https://travel.state.gov/content/travel/en/us-visas/other-visa-
categories/visa-employees-nato/change-status.html.
If an individual is in the United States in A or G nonimmigrant visa status and is being assigned
to another foreign mission, he/she may need to seek a change of nonimmigrant visa status. To
apply for a change of nonimmigrant visa status within the United States between A or G
nonimmigrant visa status, foreign missions must submit an NOA for an individual’s new
assignment. Once submitted, OFM will invite the foreign mission to submit the appropriate
documentation to request a change of nonimmigrant visa status. To seek a change of
accreditation status in the United States, the foreign mission must provide a diplomatic note as
explained in the section “Diplomatic Note Requirement for A or G Visa Requests” with the
NOA. The newly assigned individual may not be issued Department documents, until the
change of nonimmigrant visa status is complete.
The Visa Office’s Diplomatic Liaison Division may be able to facilitate change of nonimmigrant
visa status in the United States in some instances. However, it may be more efficient for an
individual to leave the United States to obtain the correct visa and return to the United States
under their new visa status rather than request the change of nonimmigrant visa status in the
United States.
If an individual holds an unexpired A or G visa from a prior assignment that is also the proper
visa classification for his/her new assignment, and he/she is working for the same foreign
government or designated IO for which the previous A or G visa was issued, then once
accredited, he/she may be required to request a new visa through the Visa Office’s Diplomatic
Liaison Division to clearly associate his/her visa with the new assignment. Similarly, if a
member of the family forming part of the household holds an unexpired A or G visa that is the
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proper visa classification for his/her new assignment as a principal, then once accredited, he/she
may request a new visa to clearly associate his/her visa with the new assignment as principal.
The Department reserves the right to determine on a case-by-case basis whether the individual
must apply for the proper nonimmigrant visa at a U.S. embassy or consular post outside the
United States.
2.4.2 Not Present in the United States in A or G Nonimmigrant Visa Status, But Holds
Valid A or G Visa
If an individual holds an unexpired A or G visa from a prior assignment or official trip to the
United States that is also the proper visa classification for his/her new assignment, he/she is
recommended to request a new visa outside the United States to clearly associate his/her visas
with the new assignment. A or G visas (other than G-4 visas) previously issued for temporary
travel may not be the proper visa classification for the new assignment, depending on the
position the individual holds and the duties he/she will perform. If the unexpired A or G visa is
not the proper visa classification for his/her new assignment, he/she must obtain the proper visa
before traveling to the United States.
2.5 Individuals in Possession of a U.S. Nonimmigrant Visa Other Than an A or G
Visa
If an individual holds an unexpired nonimmigrant visa (other than an A or G visa), he/she should
not use this visa to travel to the United States for the purpose of engaging in official business on
behalf of a foreign mission, taking up employment at a foreign mission, or accompanying the
principal as a member of the family forming part of the household of the principal. Such
individuals must apply for and obtain the appropriate A or G visa at a U.S. embassy or consular
post overseas before traveling to the United States.
If the individual is already in the United States, he/she must depart the United States and request
the proper A or G visa at a U.S. embassy or consular post outside the United States or in limited
circumstances, as determined by OFM in consultation with the Office of Visa Services, may seek
a change of nonimmigrant visa status to A or G nonimmigrant visa status in the United States.
The proper visa or approved change of nonimmigrant visa status must be obtained prior to the
performance of services. NOAs will not be accepted, Department documents (e.g., ID card, tax
exemption card, driver’s license, etc.) will be not issued, nor privileges and immunities afforded
for any principal holding a nonimmigrant visa status other than A or G.
3 NOTIFICATION OF APPOINTMENT (NOA)
As stated above, foreign missions are required to notify the Department promptly (within 30
days) of the appointment of all foreign mission personnel, including all LE staff and part-time
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employees, and any dependents. Personnel who are traveling on behalf of a foreign mission on
official business of a temporary nature (less than 90 days) are not required to be notified.
Foreign missions must submit the NOA via eGov. The name reflected on the NOA must be the
full legal name as it appears on a U.S. Government issued visa. Separate NOAs must be
submitted for each principal of a tandem couple (i.e., both spouses). The following information is
also requested on the NOA: residential address, arrival date, duty assume date, expected date of
departure, predecessor information, family members, other U.S. assignments, and activities in
the past five years.
3.1 Embassy
Unless otherwise explicitly approved by OFM, diplomatic agents, administrative and technical
(A&T) staff members, and service staff members, not including U.S. citizens and LPRs, at an
embassy are expected to reside within the boundary of the Washington, DC metropolitan area,
which for this purpose includes the following locations.
District of Columbia
Fairfax, Virginia
Calvert County, Maryland
Loudoun County, Virginia
Montgomery County, Maryland
Manassas, Virginia
Prince George’s County, Maryland
Manassas Park, Virginia
Alexandria, Virginia
Loudoun County, Virginia
Arlington, Virginia
Manassas, Virginia
Fairfax County, Virginia
3.1.1 Diplomatic Agents (Embassy)
Newly arrived foreign mission members seeking acceptance of accreditation as a diplomatic
agent at an embassy, and those seeking to retain such status, must:
be a national of the sending state and not a U.S. citizen or LPR;
possess a valid diplomatic passport issued by the sending state;
possess a recognized diplomatic title (Minister, Minister Counselor, Counselor, First
Secretary, Second Secretary, Third Secretary, Attaché, Military Attaché);
hold an A-1 nonimmigrant visa;
be at least 20 years of age;
reside on a full-time basis in the Washington, DC metropolitan area;
perform diplomatic functions on an essentially full-time basis (at least 35 hours per
week);
not engage in any professional or commercial activity in the United States (engaging in
any professional or commercial activity, including gainful employment on the U.S.
economy, is inconsistent with the VCDR and U.S. immigration laws.);
not be subject to pending criminal charges punishable by imprisonment (or have
members of the family forming part of principal’s household subject to such charges);
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Revised October 30, 2018
not be convicted of charges punishable by imprisonment (or have members of the family
forming part of principal’s household subject to such charges); and
other requirements, on the basis of reciprocity or as determined by OFM.
Diplomatic agents at the embassy who perform consular functions must have a diplomatic title as
stated above.
Although VCDR Article 5(3) states that a head of mission or any member of the diplomatic staff
of the mission also may act as representatives to IOs, the VCDR provides no basis for such
persons to serve on the staffs of IOs themselves (as opposed to the staff of a mission to the IO).
The Department views service on the staff of an IO as incompatible with the functions of a
diplomat, whose principal concern must be to assist in the conduct of bilateral relations between
the sending state and the United States as provided in VCDR Article 3.
The job titles available in eGov for individuals seeking acceptance of accreditation as a
diplomatic agent are:
Minister
Minister Counselor
Counselor
First Secretary
Second Secretary
Third Secretary
Attaché
Military Attaché
Foreign missions are requested to also provide the Department with the functional titles of its
members. In eGov, foreign missions are free to provide the most descriptive job title that applies
to the duties performed (this is a free text field and does not require a selection from a pre-
established list).
The Department reiterates the emphasis placed on the performance of traditional and accepted
diplomatic functions by accredited foreign mission personnel assigned to work in the United
States. Accordingly, the Department generally does not accept for accreditation any person
assigned in the United States, who is also a student or trainee at any college, university,
vocational school, military institution, or private or governmental foundation, or who is engaged
in any pursuit inconsistent with regular and accepted diplomatic functions. For embassy
personnel holding A visas, engaging in any professional or commercial activity, including
gainful employment on the U.S. economy, is inconsistent with the VCDR, U.S. immigration
laws, and Department policy.
3.1.1.1 Card Issuance
Diplomatic ID cards are issued to diplomatic agents and are automatically processed upon
acceptance of accreditation.
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Please refer to circular note No. 15-1169, available at
http://www.state.gov/documents/organization/250633.pdf, for information about replacing a lost
or stolen ID card.
3.1.2 Administrative & Technical Staff (Embassy)
A&T staff are employed only at embassies.
Newly arrived personnel seeking recognition as career A&T staff at an embassy, and those
seeking to retain such status, must:
possess a valid diplomatic or official passport issued by the sending state;
hold an A-2 non-immigrant visa;
be at least 20 years of age;
reside on a full time basis in the Washington, DC metropolitan area;
perform official functions on an essentially full-time basis (at least 35 hours per week);
not engage in any professional or commercial activity in the United States (engaging in
any professional or commercial activity, including gainful employment on the U.S.
economy, is inconsistent with the VCDR and U.S. immigration laws);
not be subject to pending criminal charges punishable by imprisonment (or have
members of the family forming part of principal’s household subject to such charges);
not be convicted of charges punishable by imprisonment (or have members of the family
forming part of principal’s household subject to such charges); and
other requirements, on the basis of reciprocity or as determined by OFM.
The only job title available in eGov for individuals seeking accreditation under this category is
A&T staff.
Foreign missions are requested to also provide the Department with the functional titles of its
members. In eGov, foreign missions are free to provide the most descriptive job title that applies
to the duties performed (this is a free text field and does not require a selection from a
pre-established list). The descriptive job title will generally match the diplomatic note
description of duties submitted in the visa application.
The Department currently determines members of an embassy’s A&T staff to be permanently
resident in the United States for the purposes of the Vienna Conventions unless the employing
foreign state confirms the following:
the sending state paid the cost of the employee’s transportation to the United States from
the employee’s prior residence;
the sending state undertakes to transfer the employee and his or her members of the
family forming part of the household out of the United States consistent with the sending
State’s transfer policy;
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the sending state undertakes to pay the cost of the employee’s transportation from the
United States to the employee’s normal place of residence or to the country of the
employee’s next assignment at the end of the employee’s tour of duty in the United
States; and
the individual receives an allowance for housing cost similar to what is afforded to a
diplomatic agent.
Effective January 1, 2019, as part of the NOA, the embassy is required to submit a letter
signed by the deputy chief of mission or higher, confirming all requirements as listed above
are met.
In addition to the letter, the embassy must also provide documentation that conclusively
demonstrates the sending state paid the cost of the employee’s transportation to the United
States, as well as that of any accompanying members of the family forming part of the
household, from the employee’s prior residence.
If the embassy is unable to meet the above requirements and provide the aforementioned
documentation, the A&T staff member must be notified as permanently resident in for purposes
of the Vienna Conventions (as seen in the Section titled “Locally Engaged Staff – Permanently
Resident in the United States for Purposes of the Vienna Conventions (Embassy)”).
The Department reserves the right to request additional documentation concerning this matter.
The Department reiterates the emphasis placed on the performance of traditional and accepted
functions by foreign mission personnel assigned to the United States. Accordingly, the
Department generally does not accept for accreditation any person assigned to work in the
United States, who is also a student or trainee at any college, university, vocational school,
military institution, or private or governmental foundation, or who is engaged in any pursuit
inconsistent with regular and accepted diplomatic functions. For embassy personnel holding
A visas, engaging in any professional or commercial activity, including gainful employment on
the U.S. economy, is inconsistent with the VCDR, U.S. immigration laws, and Department
policy.
3.1.2.1 Card Issuance
Official ID cards are issued to career A&T staff and are automatically processed upon
accreditation.
Please refer to circular note No. 15-1169, available at
http://www.state.gov/documents/organization/250633.pdf, for information about replacing a lost
or stolen ID card.
3.1.3 Service Staff (Embassy)
Service staff employees may be employed at an embassy.
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Newly arrived personnel seeking recognition as career service staff at an embassy, and those
seeking to retain such status, must:
possess a valid diplomatic, official, or service passport issued by the sending state;
hold an A-2 non-immigrant visa;
be at least 20 years of age;
reside on a full time basis in the Washington, DC metropolitan area;
perform official functions on an essentially full-time basis (at least 35 hours per week);
not engage in any professional or commercial activity in the United States (engaging in
any professional or commercial activity, including gainful employment on the U.S.
economy, is inconsistent with the VCDR and U.S. immigration laws);
not be subject to pending criminal charges punishable by imprisonment (or have
members of the family forming part of principal’s household subject to such charges);
not be convicted of charges punishable by imprisonment (or have members of the family
forming part of principal’s household subject to such charges); and
other requirements, on the basis of reciprocity or as determined by OFM.
The only job title available in eGov for individuals seeking accreditation under this category is
service staff.
Foreign missions are requested to also provide the Department with the functional titles of its
members. In eGov, foreign missions are free to provide the most descriptive job title that applies
to the duties performed (this is a free text field and does not require a selection from a
pre-established list). Examples of positions held by service staff are drivers, chauffeurs,
gardeners, caretakers, maintenance personnel, couriers, or messengers.
Personnel who are employed by the foreign mission, rather than by individual members of the
foreign mission, and who are engaging in certain duties on mission premises or in furtherance of
the official functions of the mission pertaining to the maintenance of the residence and
representational duties performed at the residence of the head of a diplomatic mission, may also
be members of the career service staff of the mission.
Individuals employed by a foreign mission member in a domestic or personal capacity, such as to
cook, clean, or take care of children in the private residence of a foreign mission member should
not be members of the service staff of the foreign mission.
The Department currently determines members of an embassy’s service staff to be permanently
resident in the United States for the purposes of the Vienna Co
nventions unless the employing
foreign state confirms the following:
the sending state paid the cost of the employee’s transportation to the United States from
the employee’s prior residence;
the sending state undertakes to transfer the employee and his or her members of the
family forming part of the household out of the United States consistent with the sending
State’s transfer policy;
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Revised October 30, 2018
the sending state undertakes to pay the cost of the employee’s transportation from the
United States to the employee’s normal place of residence or to the country of the
employee’s next assignment at the end of the employee’s tour of duty in the United
States; and
the individual receives an allowance for housing cost similar to what is afforded to a
diplomatic agent.
Effective January 1, 2019, as part of the NOA, the embassy is required to submit a letter
signed by the deputy chief of mission or higher, confirming all requirements as listed above
are met.
In addition to the letter, the embassy must also provide documentation that conclusively
demonstrates the sending state paid the cost of the employee’s transportation to the United
States, as well as that of any accompanying members of the family forming part of the
household, from the employee’s prior residence.
If the embassy is unable to meet the above requirements and provide the aforementioned
documentation, the service staff member must be notified as permanently resident in for
purposes of the Vienna Conventions (as seen in the Section titled “Locally Engaged Staff –
Permanently Resident In the United States for Purposes of the Vienna Conventions (Embassy)”).
The Department reserves the right to request additional documentation concerning this matter.
The Department reiterates the emphasis placed on the performance of traditional and accepted
diplomatic functions by accredited foreign mission personnel assigned to the United States.
Accordingly, the Department generally does not accept for accreditation any person assigned to
work in the United States, who is also a student or trainee at any college, university, vocational
school, military institution, or private or governmental foundation, or who is engaged in any
pursuit inconsistent with regular and accepted diplomatic functions. For embassy personnel
holding A visas, engaging in any professional or commercial activity, including gainful
employment on the U.S. economy, is inconsistent with the VCDR, U.S. immigration laws, and
Department policy.
3.1.3.1 Card Issuance
Official ID cards are issued to career service staff and are automatically processed upon
accreditation.
Please refer to circular note No. 15-1169, available at
http://www.state.gov/documents/organization/250633.pdf, for information about replacing a lost
or stolen ID card.
3.1.4 Military Personnel (Embassy)
Foreign military personnel assigned to the embassy must be notified to the Department as
diplomatic agents (and therefore the individual must meet the criteria for diplomatic agents
15
Revised October 30, 2018
listed above) and must select “Military Attaché” as the job title. They must also obtain clearance
from the Department of Defense (DOD) in order to hold that title. The embassy may fill in a
more detailed title description (i.e., Defense, Military, Naval, and Air Attaché) under the
“functional title” field.
The embassy must concurrently provide notification information directly to DOD and the NOA
to OFM. If the embassy has questions about what to provide DOD, contact DOD directly using
the information below (accurate as of August 2018):
Defense Intelligence Agency
o Ms. Bonnie Dzingle; Bonnie.Dz[email protected], (703) 614-4190
Army
o Ms. Jackie Green; [email protected]il, (703) 692-1469
o Ms. Sofia Stasishyn; [email protected], (703) 692-1465
Navy
o Ms. Deborah Riley; [email protected], (703) 695-0050
Air Force
o Mr. Jeffery Fearon; jeffrey.r[email protected], (703) 693-7778
o Ms. Michelle Carter; michelle[email protected], (703) 695-2251
Before the Department accepts the accreditation of and grant privileges and immunities to
foreign military personnel, OFM must have received a notification of termination (NOT) for
his/her predecessor, as well as, approval from DOD.
Foreign military personnel without diplomatic titles, who are assigned at the embassy to perform
functions directly related to and in support of the foreign mission, must be notified to the
Department as members of the A&T staff.
Although foreign military personnel assigned to the United States and working at locations other
than an embassy may report to or come under the umbrella of the sending state’s military
attaché’s office, they should not be notified as members of the embassy staff.
The following foreign military personnel assigned to the United States generally should not be
notified to OFM: those in training, attending military schools or colleges, or where coursework is
the primary focus of their mission, those assigned to any type of foreign military sales effort or
joint military program, such as the Joint Strike Fighter program, those assigned to a multinational
NATO defense unit (unless an eligible dependent is seeking an EAD), or those serving in a
liaison capacity with the U.S. armed forces or a manufacturer of military material. In these cases,
the primary focus of the assignment is considered separate and distinct from the full-time duties
performed by members of the diplomatic missions and are not functions in support of the
diplomatic mission.
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Revised October 30, 2018
3.1.5 Locally Engaged Staff – U.S. Citizens and LPRs (Embassy)
Embassies must notify the Department of all LE staff hired by the foreign mission in the United
States and not appointed by the Ministry of Foreign Affairs as a career official or employee.
LE staff are generally U.S. citizens or LPRs.
The notification of U.S. citizens and LPRs is important to avoid running afoul of the Foreign
Agents Registration Act of 1938, as amended, 22 U.S.C. §§ 611-21. Section 3 of that Act (22
U.S.C. § 613) requires the recognition of every employee’s official status and knowledge of
his/her activities by the Secretary of State in order to establish exemption from the requirement
of registration as a foreign agent with the Department of Justice.
3.1.6 Locally Engaged Staff – Permanently Resident in the United States for Purposes of
the Vienna Conventions (Embassy)
If the embassy wishes to hire an individual who is not a U.S. citizen or LPR, such individual may
be eligible to be considered as permanently resident in the United States for purposes of the
Vienna Conventions. These individuals are generally required to obtain an A-2 visa and be
admitted to the United States in A-2 nonimmigrant visa status. Such individuals are expected to
hold this status for no more than a total of five years with any mission.
Newly arrived personnel seeking acceptance of accreditation in this category at an embassy, and
those seeking to retain such status, must:
hold an A-2 non-immigrant visa;
be at least 20 years of age;
reside on a full time basis in the Washington, DC metropolitan area;
perform official functions on an essentially full-time basis (at least 35 hours per week);
not engage in any professional or commercial activity in the United States (engaging in
any professional or commercial activity, including gainful employment on the U.S.
economy, is inconsistent with the VCDR and U.S. immigration laws);
not be subject to pending criminal charges punishable by imprisonment (or have
members of the family forming part of principal’s household subject to such charges);
not be convicted of charges punishable by imprisonment (or have members of the family
forming part of principal’s household subject to such charges); and
other requirements, on the basis of reciprocity or as determined by OFM.
LE staff holding A-2 visas notified to the Department prior to August 23, 2016, will be permitted
to remain accredited and considered to be entitled to such status until August 22, 2021.
The Department reiterates the emphasis placed on the performance of traditional and accepted
diplomatic functions by accredited foreign mission personnel assigned to the United States.
Accordingly, the Department generally does not accept for accreditation any person assigned to
work in the United States, who is also a student or trainee at any college, university, vocational
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Revised October 30, 2018
school, military institution, or private or governmental foundation, or who is engaged in any
pursuit inconsistent with regular and accepted diplomatic functions. For embassy personnel
holding A visas, engaging in any professional or commercial activity, including gainful
employment on the U.S. economy, is inconsistent with the VCDR, U.S. immigration laws, and
Department policy.
3.1.7 Employees Working Outside the Diplomatic Mission Premises (Embassy)
Employees performing diplomatic functions and physically working outside of the diplomatic
mission premises, but in the same metropolitan areas as that of the diplomatic mission (for
example, at U.S. Government offices) are generally treated as members of the diplomatic
mission and therefore should be notified to the Department. To ensure such matters are properly
handled, foreign missions are strongly encouraged to discuss such situations directly with OFM
prior to submitting NOAs for these employees. Such discussions may be initiated by sending a
message to OFM-FMMA@state.gov.
3.1.8 Dependents (Embassy)
3.1.8.1 Members of the Family Forming Part of the Household
Spouse;
unmarried children under 21 years of age;
unmarried children under 23 years of age, who are attending an institution of higher
learning on a full-time basis in the United States; and
unmarried children 21 years of age or older who have a mental or physical disability and
are recognized as dependents of the principal by the sending government, as
demonstrated by eligibility for rights and benefits, such as the issuance of a diplomatic or
official passport, or travel or other allowance.
Each member of the family forming part of the household must not be a member of some other
household, must reside exclusively in the household of the principal, and must be recognized by
the sending State as a member of the family forming part of the household of the principal, as
demonstrated by eligibility for rights and benefits from the sending State. Other applicable
conditions and requirements for each are described below. If the Department is not notified of a
member of the family forming part of the household, then such individual is presumed to not be a
member of the family forming part of the household for purposes of the VCDR.
More restrictive or generous policies may apply bilaterally on the basis of reciprocity.
3.1.8.2 Members of Household
The definition of “immediate family” members for purposes of the issuance of an A or G visa on
a derivative basis (22 CFR 41.21; 9 FAM 402.3-4(J)) is not the same as the definition of
“members of the family” for purposes of the VCDR and VCCR or “members of household” for
notification purposes.
18
Revised October 30, 2018
Those individuals issued an A or G visa as “immediate family”, who are not spouses or children
as described above are considered to be members of household and do not enjoy any privileges
or immunities. These generally include parents, parents-in-law, and overage children.
Individuals who reside in a principals household and are a U.S citizen, LPR, or are issued a visa
other than an A or G visa are also considered to be members of household and do not enjoy any
privileges or immunities.
These individuals must be notified to the Department via the NOA (if arriving with the principal)
or notification of change (if arriving later than the principal).
3.1.8.3 Card Issuance
ID cards are issued to members of the family forming part of the household who may enjoy some
degree of immunity and are automatically processed upon accreditation. Children under the age
of 16 are ineligible for an ID card. Upon a child’s 16th birthday, the foreign mission may send
an email to [email protected], requesting the issuance of an ID card.
Please refer to circular note No. 15-1169, available at
http://www.state.gov/documents/organization/250633.pdf, for information about replacing a lost
or stolen ID card.
3.1.8.4 Dependent Work Authorization Program
The United States has bilateral work agreements with well over 100 countries and de facto
arrangements with several others. On the basis of these agreements and arrangements, certain
dependents of certain foreign mission members may be authorized to work in the United States.
Members of the family forming part of the household are considered members of the foreign
mission. Therefore members of the family forming part of the household, holding a derivative A
or G visa and who work in a locally hired capacity at the principal’s mission of assignment are
not required to obtain an EAD from the Department of Homeland Security’s U.S. Citizenship
and Immigration Services (USCIS) for that position.
Married couples where both individuals are career officials or employees and are assigned career
positions should be notified to the Department with the assignments of both principal employees.
Neither are required to obtain an EAD.
Members of the family forming part of the household seeking employment may contact
[email protected] for guidance.
The dependents of LE staff as defined in the section titled “Locally Engaged Staff – Permanently
Resident In the United States for Purposes of the Vienna Conventions (Embassy)” do not enjoy
any privileges or immunities and are not eligible to apply for an EAD.
19
Revised October 30, 2018
3.2 Consular Post
Unless otherwise explicitly approved by OFM, consular officers and consular employees, not
including U.S. citizens and LPRs, are generally required to reside within the boundaries of the
metropolitan area in which the foreign mission to which they are assigned is located.
For this purpose, below are the general metropolitan areas for Atlanta, Georgia; Boston,
Massachusetts; Chicago, Illinois; Houston, Texas; Los Angeles, California; Miami, Florida; New
Orleans, Louisiana; New York, New York; San Francisco, California; and Seattle, Washington.
For residences outside of the mentioned counties below, they may not be more than 50
miles from the respective city’s city hall.
Atlanta, Georgia:
Fulton County, Georgia
Cherokee County, Georgia
Gwinnett County, Georgia
Forsyth County, Georgia
Cobb County, Georgia
Henry County, Georgia
DeKalb County, Georgia
Hall County, Georgia
Clayton County, Georgia
Paulding County, Georgia
Boston, Massachusetts:
Bristol County, Massachusetts
Plymouth County, Massachusetts
Essex County, Massachusetts
Suffolk County, Massachusetts
Middlesex County, Massachusetts
Worcester County, Massachusetts
Norfolk County, Massachusetts
Chicago, Illinois:
Cook County, Illinois
Kane County, Illinois
DuPage County, Illinois
Lake County, Illinois
Grundy County, Illinois
Lake County, Indiana
Houston, Texas:
Harris County, Texas
Los Angeles, California:
Los Angeles County, California
Orange County, California
Miami, Florida:
Broward County, Florida
Palm Beach County, Florida
Miami-Dade County, Florida
20
Revised October 30, 2018
New Orleans, Louisiana:
Jefferson Parrish, Louisiana
St. John the Baptist Parrish, Louisiana
Orleans Parrish, Louisiana
St. Tammany Parrish, Louisiana
Lafourche Parrish, Louisiana
Tangipahoa Parrish, Louisiana
St. Bernard Parrish, Louisiana
Terrebonne Parrish, Louisiana
St. Charles Parrish, Louisiana
New York City, New York:
New York, New York
Westchester County, New York
Bronx County, New York
Bergen County, New Jersey
Kings County, New York
Hunterdon County, New Jersey
Queens County, New York
Middlesex County, New Jersey
Westchester, New York
Monmouth County, New Jersey
Nassau, New York
Morris County, New Jersey
Putnam County, New York
Passaic County, New Jersey
Richmond County, New York
Sussex County, New Jersey
Rockland County, New York
Union County, New Jersey
Suffolk County, New York
Fairfield, Connecticut
San Francisco, California:
Seattle, Washington:
Island County, Washington
Mason County, Washington
Jefferson County, Washington
Pierce County, Washington
King County, Washington
Snohomish County, Washington
Kitsap County, Washington
Thurston County, Washington
For cities not explicitly stated above, but where a consular post is present, foreign mission
members are generally required to reside within a 50 mile radius of the city where the respective
city’s city hall is located.
3.2.1 Career Consular Officers
Career consular officers are considered as only those employed at consular posts. Consular posts
are located outside of Washington, DC. The foreign mission’s NOA submission via eGov is
considered formal notification of the appointment of career consular officers and does not
require the exchange of diplomatic notes.
Alameda County, California
San Francisco County, California
Contra Costa County, California
San Mateo County, California
Marin County, California
Palo Alto, California
21
Revised October 30, 2018
Pre-approval or agrément is not required for the head of the consular post, and a formal
exequatur will not be issued. Before the NOA for the head of a consular post is accepted, OFM
must receive an NOT for his/her predecessor.
Career consular officers may not exercise their consular functions until the sending state has
formally requested and received approval to establish the consular post to which the officer is
assigned. Consular activities may not be performed before the Department has accepted the
accreditation of a career consular officer.
Newly arrived personnel seeking recognition as a career consular officer at a consular post, and
those seeking to retain such status, must:
be a national of the sending State and not a U.S. citizen or LPR;
possess a valid diplomatic or official passport issued by the sending State;
possess a consular title (Consul General, Deputy Consul General, Consul, Deputy
Consul, or Vice Consul);
hold an A-1 nonimmigrant visa;
be at least 20 years of age;
reside full-time in the metropolitan area of the consular post and where recognition is
requested;
devote official activities to consular duties on an essentially full-time basis (at least 35
hours per week);
not engage in any professional or commercial activity in the United States (engaging in
any professional or commercial activity, including gainful employment on the U.S.
economy, is inconsistent with the VCCR and U.S. immigration laws.);
not be subject to pending criminal charges punishable by imprisonment (or have
members of the family forming part of principal’s household subject to such charges);
not be convicted of charges punishable by imprisonment (or have members of the family
forming part of principal’s household subject to such charges); and
other requirements, on the basis of reciprocity or as determined by OFM.
The only job titles available in eGov for a career consular officer are:
Consul General
Deputy Consul General
Consul
Deputy Consul
Vice Consul
Foreign missions are requested to also provide the Department with the functional titles of its
members. In eGov, foreign missions are free to provide the most descriptive job title that applies
to the duties performed (this is a free text field and does not require a selection from a pre-
established list).
22
Revised October 30, 2018
The Department reiterates the emphasis placed on the performance of traditional and accepted
consular functions by accredited foreign mission personnel assigned to the United States.
Accordingly, the Department generally does not accept for accreditation any person assigned to
work in the United States, who is also a student or trainee at any college, university, vocational
school, military institution, or private or governmental foundation, or who is engaged in any
pursuit inconsistent with regular and accepted diplomatic functions. For consular personnel
holding A visas, engaging in any professional or commercial activity, including gainful
employment on the U.S. economy, is inconsistent with the VCCR, U.S. immigration laws, and
Department policy.
3.2.1.1 Card Issuance
Consular ID cards are issued to career consular officers and are automatically processed upon
accreditation.
Please refer to circular note No. 15-1169, available at
http://www.state.gov/documents/organization/250633.pdf, for information about replacing a lost
or stolen ID card.
3.2.2 Consular Employees
Career consular employees are considered as only those employed at consular posts; consular
posts are located outside of Washington, DC. Career consular employees must hold an A-2
visa unless they are U.S. citizens or LPRs. Such individuals on an A-2 visa must perform duties
with the assigned consular post on a full-time basis (at least 35 hours per week).
Newly arrived personnel seeking recognition as a career consular employee at a consular post,
and those seeking to retain such status, must:
possess a valid diplomatic or official passport issued by the sending State;
hold an A-2 non-immigrant visa;
be at least 20 years of age;
reside full-time in the metropolitan area of the consular post where recognition is
requested;
perform official duties on an essentially full-time basis (at least 35 hours per week);
not engage in any professional or commercial activity in the United States (engaging in
any professional or commercial activity, including gainful employment on the U.S.
economy, is inconsistent with the VCCR and U.S. immigration laws.);
not be subject to pending criminal charges punishable by imprisonment (or have
members of the family forming part of principal’s household subject to such charges);
not be convicted of charges punishable by imprisonment (or have members of the family
forming part of principal’s household subject to such charges); and
other requirements, on the basis of reciprocity or as determined by OFM.
23
Revised October 30, 2018
The only job title available in eGov for individuals seeking accreditation under this category is
consular employee.
Foreign missions are requested to also provide the Department with the functional titles of its
members. In eGov, foreign missions are free to provide the most descriptive job title that applies
to the duties performed (this is a free text field and does not require a selection from a
pre-established list).
The Department currently determines consular employees to be permanently resident in the
United States for the purposes of the Vienna Conventions unless the employing foreign state
confirms the following:
the sending state paid the cost of the employee’s transportation to the United States from
the employee’s prior residence;
the sending state undertakes to transfer the employee and his or her members of the
family forming part of the household out of the United States consistent with the sending
State’s transfer policy;
the sending state undertakes to pay the cost of the employee’s transportation from the
United States to the employee’s normal place of residence or to the country of the
employee’s next assignment at the end of the employee’s tour of duty in the United
States; and
the individual receives an allowance for housing cost similar to what is afforded to a
career consular officer.
Effective January 1, 2019, as part of the NOA, the consular post is required to submit a letter
signed by the head of the consular post or higher, confirming all requirements as listed
above are met.
In addition to the letter, the consular post must also provide documentation that conclusively
demonstrates the sending state paid the cost of the employee’s transportation to the United
States, as well as that of any accompanying members of the family forming part of the
household, from the employee’s prior residence.
If the consular post is unable to meet the above requirements and provide the aforementioned
documentation, the consular employee will be notified as permanently resident in for purposes of
the Vienna Conventions (as seen in the section titled “Locally Engaged Staff – Permanently
Resident in the United States for Purposes of the Vienna Conventions (Consular Post)”).
OFM reserves the right to request additional documentation concerning this matter.
The Department reiterates the emphasis placed on the performance of traditional and accepted
consular functions by accredited foreign mission personnel assigned to the United States.
Accordingly, the Department generally does not accept for accreditation any person assigned to
work in the United States, who is also a student or trainee at any college, university, vocational
school, military institution, or private or governmental foundation, or who is engaged in any
pursuit inconsistent with regular and accepted consular functio
ns. For consular personnel
24
Revised October 30, 2018
holding A visas, engaging in any professional or commercial activity, including gainful
employment on the U.S. economy, is inconsistent with the VCCR, U.S. immigration laws, and
Department policy.
3.2.2.1 Card Issuance
Consular ID cards are issued to career consular employees and are automatically processed upon
accreditation.
Please refer to circular note No. 15-1169, available at
http://www.state.gov/documents/organization/250633.pdf, for information about replacing a lost
or stolen ID card.
3.2.3 Service Staff (Consular Post)
Career service staff may be employed at a consular post. Newly arrived personnel seeking
recognition in this category at a consular post, and those seeking to retain such status, must:
possess a valid diplomatic, official, or service passport issued by the sending State;
hold an A-2 non-immigrant visa;
be at least 20 years of age;
reside full-time in the metropolitan area of the consular post where recognition is
requested;
perform official functions on an essentially full-time basis (at least 35 hours per week);
not engage in any professional or commercial activity in the United States (engaging in
any professional or commercial activity, including gainful employment on the U.S.
economy, is inconsistent with the VCCR and U.S. immigration laws);
not be subject to pending criminal charges punishable by imprisonment (or have
members of the family forming part of principal’s household subject to such charges);
not be convicted of charges punishable by imprisonment (or have members of the family
forming part of principal’s household subject to such charges); and
other requirements, on the basis of reciprocity or as determined by OFM.
The only job title available in eGov for individuals seeking accreditation under this category is
service staff.
Foreign missions are requested to also provide the Department with the functional titles of its
members. In eGov, foreign missions are free to provide the most descriptive job title that applies
to the duties performed (this is a free text field and does not require a selection from a pre-
established list). Examples of positions held by service staff are drivers, chauffeurs, gardeners,
caretakers, maintenance personnel, couriers, or messengers.
Personnel who are employed by the foreign mission, rather than by individual members of the
foreign mission, and who are engaging in certain duties on mission premises or in furtherance of
the official functions of the mission pertaining to the maintenance of the residence and
25
Revised October 30, 2018
representational duties performed at the residence of the principal officer of a consular post, may
also be members of the service staff of the foreign mission.
Individuals employed by a foreign mission member in a domestic or personal capacity, such as to
cook, clean, or take care of children in the private residence of a foreign mission member should
not be members of the service staff of the foreign mission.
The Department currently determines service staff at a consular post to be permanently resident
in the United States for the purposes of the Vienna Conventions unless the employing foreign
state confirms the following:
the sending state paid the cost of the employee’s transportation to the United States from
the employee’s prior residence;
the sending state undertakes to transfer the employee and his or her members of the
family forming part of the household out of the United States consistent with the sending
State’s transfer policy;
the sending state undertakes to pay the cost of the employee’s transportation from the
United States to the employee’s normal place of residence or to the country of the
employee’s next assignment at the end of the employee’s tour of duty in the United
States; and
the individual receives an allowance for housing cost similar to what is afforded to a
career consular officer.
Effective January 1, 2019, as part of the NOA, the consular post is required to submit a letter
signed by the head of the consular post or higher, confirming all requirements as listed
above are met.
In addition to the letter, the consular post must also provide documentation that conclusively
demonstrates the sending state paid the cost of the employee’s transportation to the United
States, as well as that of any accompanying members of the family forming part of the
household, from the employee’s prior residence.
If the consular post is unable to meet the above requirements and provide the aforementioned
documentation, the service staff member at the consular post would be accredited as permanently
resident in for purposes of the Vienna Conventions (as seen in the section titled “Locally
Engaged Staff – Permanently Resident in the United States for Purposes of the Vienna
Conventions (Consular Post)”).
The Department reserves the right to request additional documentation concerning this matter.
The Department reiterates the emphasis placed on the performance of traditional and accepted
consular functions by accredited foreign mission personnel assigned to the United States.
Accordingly, the Department generally does not accept for accreditation any person assigned to
work in the United States, who is also a student or trainee at any college, university, vocational
school, military institution, or private or governmental foundation, or who is engaged in any
pursuit inconsistent with regular and accepted consular functions. For consular personnel
26
Revised October 30, 2018
holding A visas, engaging in any professional or commercial activity, including gainful
employment on the U.S. economy, is inconsistent with the VCCR, U.S. immigration laws, and
Department policy.
3.2.3.1 Card Issuance
Consular ID cards are issued to career service staff and are automatically processed upon
accreditation.
Please refer to circular note No. 15-1169, available at
http://www.state.gov/documents/organization/250633.pdf, for information about replacing a lost
or stolen ID card.
3.2.4 Locally Engaged Staff - U.S. Citizens or LPRs (Consular Post)
Consular posts must notify the Department of all LE staff hired to work at the consular post in
the United States and not assigned or appointed by the Ministry of Foreign Affairs as a career
official or employee.
LE Staff are generally U.S. citizens or LPRs.
The notification of U.S. citizens and LPRs is important to avoid running afoul of the Foreign
Agents Registration Act of 1938, as amended, 22 U.S.C. §§ 611-21. Section 3 of that Act (22
U.S.C. § 613) requires the recognition of every employee’s official status and knowledge of
his/her activities by the Secretary of State in order to establish exemption from the requirement
of registration as a foreign agent with the Department of Justice.
3.2.5 Locally Engaged Staff – Permanently Resident in the United States for Purposes of
the Vienna Conventions (Consular Post)
If a consular post wishes to hire an individual who is not a U.S. citizen or LPR and that
individual will be performing services on an essentially full-time basis (at least 35 hours per
week) for the consular post, such individuals may be eligible for designation by the Department
as permanently resident in the United States for purposes of the Vienna Conventions. In order to
be granted such status, individuals will be required to obtain an A-2 visa. Such individuals are
expected to hold such status for no more than a total of five years.
Newly arrived personnel seeking recognition in this category, and those seeking to retain such
status, must:
hold an A-2 non-immigrant visa;
be at least 20 years of age;
reside on a full-time in the metropolitan area of the consular post and where recognition
is requested;
perform official functions on an essentially full-time basis (at least 35 hours per week);
27
Revised October 30, 2018
not engage in any professional or commercial activity in the United States (engaging in
any professional or commercial activity, including gainful employment on the U.S.
economy, is inconsistent with the VCCR and U.S. immigration laws);
not be subject to pending criminal charges punishable by imprisonment (or have
members of the family forming part of principal’s household subject to such charges);
not be convicted of charges punishable by imprisonment (or have members of the family
forming part of principal’s household subject to such charges); and
other requirements, on the basis of reciprocity or as determined by OFM.
LE staff holding an A-2 visa notified to the Department prior to August 23, 2016, will be
permitted to remain accredited and entitled to such status until August 22, 2021.
The Department reiterates the emphasis placed on the performance of traditional and accepted
consular functions by accredited foreign mission personnel assigned to the United States.
Accordingly, the Department generally does not accept for accreditation any person assigned to
work in the United States, who is also a student or trainee at any college, university, vocational
school, military institution, or private or governmental foundation, or who is engaged in any
pursuit inconsistent with regular and accepted consular functions. For consular personnel
holding A visas, engaging in any professional or commercial activity, including gainful
employment on the U.S. economy, is inconsistent with the VCCR, U.S. immigration laws, and
Department policy.
3.2.6 Employees Working Outside the Foreign Mission Premises (Consular Posts)
Employees performing functions and physically working outside of the consular post premises
but in the same metropolitan areas as that of the consular post (for example, at U.S. Government
offices) are generally treated as members of the consular post in that metropolitan area and
therefore should be notified to the Department as such. To ensure such matters are properly
handled, consular posts are strongly encouraged to discuss such situations directly with OFM
prior to submitting NOAs for these employees. Such discussions may be initiated by sending a
message to OFM-FMMA@state.gov.
3.2.7 Requests for Dual Accreditation in New York (Permanent Mission to UN &
Consular Post)
The Department views service on the staff of an IO as incompatible with the functions of
personnel assigned to a consular post, whose principal concern must be to assist in the conduct of
bilateral relations between the sending State and the United States as provided in VCCR Article
5.
This policy is premised on the significant difference in functions and the immunities enjoyed by
persons with diplomatic agent level status as compared to most career consular officers.
The Department may give sympathetic consideration to exceptional circumstances where a
member state of the UN would suffer serious hardship if it could not vest consular functions in a
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person entitled to diplomatic immunity pursuant to Section 15 of the UN Headquarters
Agreement. The Department may give particular consideration to situations where: (1) the
condition of the economy of the applying state is such that it could not operate a career consular
establishment unless it were staffed by a diplomat accredited to the UN; or (2) owing to the very
small size of its diplomatic and consular service, it could not maintain a consular establishment
unless it vested consular functions in a person entitled to diplomatic immunity. In order to justify
a need to economize on expenses and personnel, the applying state must submit to the
Department a statement presenting evidence in detail to support its allegation of hardship, as well
as an explanation as to why refusal of dual accreditation would be disadvantageous to it.
If dual accreditation be granted, the exception made in each case is based on the merits of that
application alone. The full application procedure must be followed for each person nominated in
a dual capacity. As soon as conditions in the sending state permit, the Department expects that
application for recognition of a person to serve solely in one capacity or the other would be
made.
The Department may consider the dual accreditation of an individual performing administrative
functions and duties as a consular employee as well as in connection with his/her government’s
representation to the UN.
3.2.8 Dependents (Consular Posts)
3.2.8.1 Members of the Family Forming Part of the Household
The definition of members of the family forming part of the household for purposes of the
VCCR Article 53, and certain bilateral agreements, and therefore potentially eligible for
privileges and immunities may, on the basis of reciprocity, include the principal’s:
Spouse;
unmarried children under 21 years of age;
unmarried children under 23 years of age who are attending an institution of higher
learning on a full-time basis in the United States; and
unmarried children 21 years of age or older who have a mental or physical disability and
are recognized as dependents of the principal by the sending government, as
demonstrated by eligibility for rights and benefits, such as the issuance of a diplomatic or
official passport, or travel or other allowance.
Each member of the family forming part of the household must not be a member of some other
household, must reside exclusively in the household of the principal, and must be recognized by
the sending state as a family member forming part of the household of the principal, as
demonstrated by eligibility for rights and benefits from the sending state. Other applicable
conditions and requirements for each are described below. If the Department is not notified of a
family member, then such individual is presumed to not be a member of the family forming part
of the household for purposes of the VCCR.
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More restrictive or generous policies may apply bilaterally on the basis of reciprocity.
3.2.8.2 Members of Household
The definition of “immediate family” members for purposes of the issuance of an A or G visa on
a derivative basis (22 CFR 41.21; 9 FAM 402.3-4(J)) is not the same as the definition of
“members of the family” for purposes of the VCDR and VCCR or “members of household” for
purposes of notification.
Those individuals who are issued an A or G visa as “immediate family” but who are not spouses,
or children as described above are considered to be members of household and do not enjoy any
privileges or immunities. These generally include parents, parents-in-law, and overage children.
Individuals who reside in a principal’s household and are a U.S citizen, LPR, or are issued a visa
other than an A or G visa are also considered to be members of household and do not enjoy any
privileges or immunities.
These individuals must be notified to the Department via the NOA (if arriving with the principal)
or separately if arriving later than the principal.
3.2.8.3 Card Issuance
Consular ID cards are issued to member of the family forming part of the household who may
enjoy some degree of immunity and are automatically processed upon accreditation. Dependent
children are ineligible for a consular ID card.
Please refer to circular note No. 15-1169, available at
http://www.state.gov/documents/organization/250633.pdf, for information about replacing a lost
or stolen ID card.
3.2.8.4 Dependent Work Authorization Program
The United States has bilateral work agreements with well over 100 countries and de facto
arrangements with several others. On the basis of these agreements and arrangements, certain
dependents of certain foreign mission members may be authorized to work in the United States.
Members of the family forming part of the household are considered members of the foreign
mission. Therefore members of the family forming part of the household, holding a derivative A
or G visa and who work in a locally hired capacity at the principal’s mission of assignment are
not required to obtain an EAD from USCIS for that position.
Married couples where both individuals are career officials or employees and are assigned career
positions should be notified to the Department with the assignments of both principal employees.
Neither are required to obtain an EAD.
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Members of the family forming part of the household seeking employment may contact
[email protected] for guidance.
The dependents of LE staff as defined in the section titled “Locally Engaged Staff – Permanently
Resident in the United States for Purposes of the Vienna Conventions (Consular Post)” do not
enjoy any privileges or immunities and are not eligible to apply for an EAD.
3.2.9 Consular Agents
The Department considers consular agents only as those employed at consular agencies. As a
result, the Department does not accept the assignment of consular agents or the use of this title at
consular posts headed by a career consular officer or an honorary consular officer. Further, the
Department does not consider consular agents to be heads of a career consular post. Thus, the
Department’s policies and procedures related to the establishment and operation of consular
agencies are formulated pursuant to Article 4 of the VCCR.
Consular agencies and agents may perform a wide range of functions in the United States;
however, the Department expects the core of their mandate to be the provision of emergency
assistance, as well as passport/citizenship and notarial services to foreign nationals resident in or
visiting the United States. Consular agencies fall under the supervision of the embassy or
consular post headed by a career consular officer.
For newly hired or arrived personnel to be recognized as a consular agent at a consular agency,
and to retain such status, a person must:
be a U.S. citizen or LPR;
be at least 20 years of age;
reside full-time in the metropolitan area of the consular agency and where recognition is
requested;
devote official activities to consular duties on an essentially full-time basis (at least 35
hours per week);
not be subject to pending criminal charges punishable by imprisonment;
not be convicted of charges punishable by imprisonment;
be of good reputation in their community and may not use their service as a consular
agent for their own private gain; and
other requirements, on the basis of reciprocity or as determined by OFM.
Consular agents may not be recognized until the sending State has formally requested and
received approval to establish the consular agency to which the employee is assigned. Consular
activities may not be performed before the Department has recognized the consular agent.
Consular agents are able to provide a wide array of services to foreign nationals in the United
States. Examples of such services include:
notarize documents;
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visit foreign nationals in prison and advise the embassy or supervisory post of results;
visit hospitalized foreign nationals and advise the embassy or supervisory post of results;
assist destitute foreign nationals by providing information, but not funds without the
express authorization of the embassy or supervisory post;
accept passport applications and forward to the embassy or supervisory post for
adjudication;
conduct welfare/whereabouts checks for missing foreign nationals and advise the
embassy or supervisory post of results;
report information concerning the deaths of foreign nationals in the United States to the
embassy or supervisory post;
facilitate arrangements for the disposition of remains of deceased foreign nationals in the
United States, upon instructions from the embassy or supervisory post in consultation
with next of kin;
prepare consular mortuary certificates;
provide commercial liaison to visiting foreign business representatives;
support and assist with visits by senior foreign government officials; and
assist foreign national victims of common disasters or other crisis acting under the
immediate supervision and as the agent of the embassy or supervisory post.
However, consular agents may not:
authenticate documents;
adjudicate applications for or issue passports;
accept formal renunciation of foreign citizenship;
take possession and dispose of the personal estate of a deceased citizen except under the
immediate supervision and as the agent of the embassy or supervisory post;
sign seamen on or off a ship; or
act as an agent or attorney on behalf of a foreign national in a private legal dispute in the
United States, but may make inquiries about the dispute under the immediate supervision
and as the agent of the embassy or supervisory post.
Embassies or consular posts headed by a career consular officer are responsible for ensuring that
adequate management controls are in place for consular agents.
The only job titles available in eGov for an individual’s acceptance of accreditation at a consular
agency are:
Consular Agent
Support Staff
3.2.10 Honorary Consular Officers
The rules specific to the notification and recognition of honorary consular officers are addressed
by OFM in circular note No. 16-1281, dated August 23, 2016, and the accompanying handbook,
which can be found here: http://www.state.gov/documents/organization/261430.pdf.
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3.3 Miscellaneous Foreign Government Office (MFGO)
The Department generally refers to foreign government offices in the United States that are not
embassies or consular posts and that perform non-commercial and inherently sovereign functions
as MFGOs. These offices are not governed by the VCDR or VCCR. The arrival and departure
of MFGO employees must be notified to the Department via eGov. The sending state’s embassy
is responsible for the proper notification of MFGO employees, however, notifications may be
handled by the MFGO.
While embassies are responsible for the functions and operations of the respective sending
state’s MFGOs, and the chiefs of mission are responsible for MGFO employees, the Department
encourages embassies to permit individual MFGOs the ability to submit their own notifications
of appointment, change, and termination via eGov.
MFGO employees do not hold diplomatic or consular titles and are not accorded diplomatic or
consular privileges or immunities under the VCDR or VCCR. They may enjoy certain benefits,
however, by virtue of their assignment to official duty in the United States.
Additionally, the Foreign Agent Registration Act of 1938, as amended, 22 U.S.C. §§ 611-621,
requires officials who act as public relations counsels, publicity agents, or information service
employees, as defined by the Foreign Agent Registration Act to register. Employees of MFGOs
who engage in the promotion of travel, tourism, trade, or investment must also generally register.
MFGO employees are encouraged to consult the Registration Unit of the Counterintelligence and
Export Control Section of the Department of Justice, which can be reached by telephone at
(202) 233-0776, regarding foreign agent registration requirements.
Newly arrived personnel seeking recognition in this category, and those seeking to retain such
status, must:
possess a valid diplomatic or official passport issued by the sending state;
hold an A-2 non-immigrant visa;
be at least 20 years of age;
reside on a full time basis in the metropolitan area of the MFGO;
perform official functions on an essentially full-time basis (at least 35 hours per week);
not engage in any professional or commercial activity in the United States (engaging in
any professional or commercial activity, including gainful employment on the U.S.
economy, is inconsistent with U.S. immigration laws and Department policy);
not be subject to pending criminal charges punishable by imprisonment (or have
members of the family forming part of principal’s household subject to such charges);
not be convicted of charges punishable by imprisonment (or have members of the family
forming part of principal’s household subject to such charges); and
other requirements, on the basis of reciprocity or as determined by OFM.
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Missions are requested to also provide the Department with the functional titles of its members.
In eGov, missions are free to provide the most descriptive job title that applies to the duties
performed (meaning this is a free text field and does not require a selection from a
pre-established list).
The Department reiterates the emphasis placed on the performance of traditional and accepted
functions by foreign mission personnel assigned to the United States. Accordingly, the
Department generally will not accept any person who is assigned to work in the United States
who is also a student or trainee at any college, university, vocational school, military institution,
or private or governmental foundation, or who is engaged in any pursuit inconsistent with regular
and accepted consular functions. For MFGO personnel holding A visas, engaging in any
professional or commercial activity, including gainful employment on the U.S. economy, is
inconsistent with the VCCR, U.S. immigration laws, and Department Policy.
3.3.1 Locally Engaged Staff - U.S. Citizens or LPRs (MFGO)
MFGOs must notify the Department all LE staff hired to work at the MFGO in the United States
and not assigned or appointed by the Ministry of Foreign Affairs as a career official or employee.
LE Staff are generally U.S. citizens or LPRs.
The notification of U.S. citizens and LPRs is important to avoid running afoul of the Foreign
Agents Registration Act of 1938, as amended, 22 U.S.C. §§ 611-21. Section 3 of that Act (22
U.S.C. § 613) requires the recognition of every employee’s official status and knowledge of
his/her activities by the Secretary of State in order to establish exemption from the requirement
of registration as a foreign agent with the Department of Justice.
The Department reiterates the emphasis placed on the performance of traditional and accepted
functions by foreign mission personnel assigned to the United States. Accordingly, the
Department generally will not accept any person who is assigned to work in the United States
who is also a student or trainee at any college, university, vocational school, military institution,
or private or governmental foundation, or who is engaged in any pursuit inconsistent with regular
and accepted consular functions. For MFGO personnel holding A visas, engaging in any
professional or commercial activity, including gainful employment on the U.S. economy, is
inconsistent with the VCCR, U.S. immigration laws, and Department Policy.
3.4 NATO
NATO employees should only be notified to the Department if they are requesting an EAD for
their eligible dependents. Such employees should be notified at the time the EAD application is
submitted and terminated when departing command.
All NATO employees notified to the Department for the purpose stated above should hold
NATO 1-4 and NATO-6 visas and be notified to either NATO Headquarters (NATO Allied
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Command Transformation) or NATO Representative Office. The only position type and job title
available in eGov is NATO SOFA.
NATO employees notified to the Department for the purposes of obtaining an EAD hold no
diplomatic or consular titles and are not accorded diplomatic or consular privileges or
immunities under the VCDR or VCCR.
3.5 Other Foreign Missions for Purposes of the Foreign Missions Act
Rules and procedures associated with the notification of employees of entities designated as
foreign missions in the United States for purposes of the Foreign Missions Act (22 U.S.C. §§
4301-4316 as amended) may differ. Such entities are separately provided instructions
concerning this matter.
4 Notification of Change (NOC)
All dependents and changes in household must be notified to the Department, including:
Legal name change (must provide new visa information, if applicable, proof of legal
name change, and a copy of ID with new name);
change in residential address;
change in duty address;
change in marital status (must provide new visa information, if applicable, and marriage
certificate or divorce decree or a note from the embassy stating that due to divorce or
separation the couple no longer reside the same household);
change in nonimmigrant visa status;
change in immigration status (must provide relevant supporting documents) (e.g.,
adjusting to LPR status);
change in job title;
late arrival of dependents;
birth or adoption (must provide birth certificate or adoption records);
departure or death of dependents; and
change into justified student status (please see below).
4.1 Full-time Justified Students
As a general policy, children no longer enjoy privileges and immunities beginning on their 21st
birthday, unless they are determined to be full-time students or disabled.
Unmarried children who are attending an institution of higher learning in the United States on a
full-time basis may continue to enjoy privileges and immunities until their 23rd birthday, but
only if the mission submits biannually a diplomatic note along with a certified statement from
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the school’s registrar (unofficial copies of transcripts will not be accepted) verifying the number
of credit hours for which the child is enrolled in the current semester and the anticipated
graduation date. Such supporting documents must be submitted one month prior to the start of
the upcoming semester. Full-time students who are not taking summer classes can continue to
have full-time justified student status over the summer upon the foreign mission’s submission of
diplomatic note certifying that the student is planning on continuing its education on full-time
basis in the upcoming fall semester. Such children are generally considered to reside exclusively
in the principal’s household even if attending an institution of higher learning elsewhere in the
U.S. Only students attending an institution of higher learning in the United States on a full-time
basis will enjoy privileges and immunities under these guidelines, unless reciprocity is otherwise
established.
More restrictive or generous policies may apply on the basis of reciprocity.
5 Notification of Termination (NOT)
Foreign missions must promptly submit an NOT via eGov for personnel at the conclusion of
their assignment in the United States, or for any personnel terminating their diplomatic or
consular duties to engage in other pursuits. All privileges and immunities, if any, enjoyed by the
principal and his/her family members in the United States terminate upon departure or 30 days
after termination, whichever comes first, unless in a particular case a different time has been
specified by the Department.
Whenever any person accorded status as a dependent in the United States ceases to reside with
the principal (other than a student attending boarding school or college as described above), such
person immediately ceases to be a member of the family forming part of the household within
the meaning of the VCDR and VCCR or accepted as a member of household. In such cases, the
mission must notify the Department. Accordingly, all immunities, if any, previously enjoyed by
such person would terminate upon departure or 30 days after ceasing to be a member of the
family forming part of the household of the principal, whichever comes first, unless in a
particular case a different time has been specified by the Department.
Individuals generally have 30 days following termination or change in family circumstance to
depart the United States or seek a change or adjustment of their status. For exceptional
circumstances, individuals may request an extra 30 days in advance, for a total of 60 days
following their termination or change in family circumstance. This requests may be sent to
All Department-issued documents must be returned to the Department within 30 days of
termination of employment.
If an employee is transferring from one foreign mission post to another in the United States, the
foreign mission must submit an NOT via eGov for the prior position and an NOA via eGov for
the new position. When a principal completes his/her tour of duty, and a NOT is processed by
OFM, any family members working at the mission will also be terminated.
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6 Immunities
The VCDR, VCCR, and certain bilateral agreements govern the privileges and immunities for
diplomatic missions, consular posts, and their personnel and families. Certain representatives to
IOs and officers and employees of IOs may enjoy privileges and immunities under the IOIA and
various agreements.
In the case of accredited embassy or consular staff enjoying some level of privileges and
immunities whose assignment lasts more than six years, the Department may seek confirmation
of continued posting by transmitting a note directly to the sending State’s Ministry of Foreign
Affairs.
Articles 37 and 38 of the VCDR and Article 71 of the VCCR generally provide that mission
members and their families enjoy limited or no privileges and immunities if they are nationals of
or permanently resident in the receiving State. Consequently, the mission must promptly notify
the Department when any employee or family member obtains LPR status or U.S. citizenship,
and it is understood that privileges and immunities will be withdrawn whenever appropriate. As
noted above, diplomatic agents and career consular officers are not permitted to be U.S. citizens
or LPRs.
Persons assigned to temporary duty at a mission for less than 90 days generally do not enjoy
privileges and immunities in the United States. In some circumstances, a principal or dependent
will be eligible for an A or G visa and not enjoy privileges and immunities.
If an individual is not notified to the Department within 30 days of arrival, such person may be
presumed to enjoy no privileges and immunities.
Children born in the United States to parents who have diplomatic agent level immunity
generally do not become U.S. citizens at birth (unless one of the parents is a United States
citizen). Because immunities are governed by international conventions, bilateral treaties, and
agreements governing international organizations, citizenship determinations regarding children
born in the United States to foreign mission personnel and employees of international
organizations must be made on a case-by-case basis. Parents who believe their children are U.S.
citizens, are encouraged to apply for a U.S. passport to obtain a determination of citizenship for
their child. In limited cases, following the notification to OFM of the birth of a child in the
United States, communication may be sent from the Visa Office advising the foreign mission or
impacted family that the child may be entitled to A or G nonimmigrant visa status. Such
children may apply for a visa. More information can be found in the Department’s diplomatic
note No. 18-1137.
6.1 Duty to Respect Laws
Under international law and practice, persons enjoying immunity from the jurisdiction of a
receiving State’s laws nonetheless have a duty to respect those laws. Immunity is not a license
for misconduct. It is a doctrine intended to benefit the sending State or IO, not individuals. The
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Department policy for enforcement of these principles and for responding to the abuse of such
immunities is described in 2 FAM 233-234.
OFM wishes to highlight that if outstanding debts are not settled within a reasonable period (not
exceeding six months), continued reliance on immunity to evade a debt may affect a mission
member’s continued acceptability in the United States, to the extent consistent with U.S.
international obligations. The departure of a mission member without settlement of outstanding
debts may affect the Department's ability to accept a replacement and may also result in the
United States taking such measures as may be appropriate.
