A-1/A-2 aliens are employees of foreign governments. They are authorized to work for their sponsoring government only. For example, if an A-1 individual engages in an activity, it is only to carry out his/her government's diplomatic mission under the direction of his/her government. Without permission from the State Department's Protocol Division and USCIS, they are not allowed to receive any compensation for non-diplomatic services.
When A individuals are authorized as mentioned above, following documents are required before making any payments:
- FNIS data sheet - completed, signed, and dated.
- Valid passport - including but not limited to the front biography page and the corresponding U.S. entry stamp.
- Visa stamp - not applicable to Canadian citizens.
- I-94 - front and back.
- Written permission from the State Department's Protocol Division and USCIS.
- Guest Speaker Form or Independent Contractor Agreement Form- completed, signed, and dated with W-8BEN attached.
A remuneration paid to or on behalf of an NRA is subject to a 30% withholding tax on the gross amount and will be reported on Form 1042-S, Foreign Person's U.S. Source Income Subject to Withholding. NRA's in A status may need to obtain a SSN or an ITIN in order to take advantage of any available treaty benefits.