Foreign government officials or employees of foreign government officials are classified as non-immigrants under Section 101 (a)(15)(A) of the INA, 8 U.S.C. Section 1101 (a)(15)(A). This category is reserved for officials and employees of these governments recognized demure by the United States. All foreign states that have formal diplomatic relations with the United States are recognized de jure. In addition, even foreign states with which diplomatic relations have been served can fall into this group if there continues to be an exchange of representatives, such as interest sections in the embassy of a third country.

The A nonimmigrant category is divided into three parts, which cover different groups of foreign government employees. Aliens are classified A-1 if they are officers of permanent diplomatic missions or consular posts in the United States, such as ambassadors, public ministers, career diplomats, or consular officers. Also included in the A-1 subcategory are visiting high-level officials of a foreign state, such as the head of state, cabinet members, legislative leaders, and top judicial officers.