DOS Clarifies G Visa Eligibility for Certain INTELSAT Employees

R 291920Z JAN 02
FM SECSTATE WASHDC
TO ALL DIPLOMATIC AND CONSULAR POSTS
SPECIAL EMBASSY PROGRAM
POUCH
AMEMBASSY BELGRADE
POUCH DUSHANBE
POUCH LAHORE
UNCLAS STATE 017376


VISAS - INFORM CONSULS

E.O. 12958: N/A
TAGS: CVIS
SUBJECT: G VISA ELIGIBILITY FOR PRIVATIZED INTELSAT

REF: A) 01 STATE 6378 B) 9 FAM 41.24 N9

1. SUMMARY. Posts are reminded that certain officers and employees of privatized
INTELSAT, and their immediate family, continue to qualify for G-4 status, despite the fact that INTELSAT is now a private company; however, newly hired officers/employees of privatized INTELSAT are not/not eligible for G-4 status. Posts should also note that domestic servants of G-4-eligible officers/employees of privatized INTELSAT are not/not eligible for G-5 status,
despite the fact that their employer holds G-4 status. END SUMMARY

2. INTELSAT underwent privatization as of July 18, 2001. As announced in Ref A Aldac and explained in Ref B FAM Note, special legislation was enacted to address the visa
implications of the privatization. Under this legislation, aliens who were continuously employed by
INTELSAT in G-4 status during the six months preceding the date of INTELSAT's privatization
are considered to remain in G-4 status after the date of privatization, and they remain eligible for G-4 visas as long as they remain employed by INTELSAT. However, any aliens hired by
INTELSAT after privatization would not/not be eligible for G-4 status and would require an immigrant visa, H visa, or other visa authorizing work.

3. Posts may occasionally encounter officers/employees of privatized INTELSAT seeking to replace a previously issued G-4 visa, and conoffs may wish to verify with the Department that the requesting individual continues to meet the eligibility criteria for this particular G-4 status. Any such queries should be slugged for CA/VO/L/A and S/CPR.

4. As noted in 9 FAM 41.24 N9.4, the legislation further provides that immediate family members of "grandfathered" principal aliens meeting the criteria for continued G-4 status are also entitled to G-4 status. As in any A or G visa case, "immediate family" of privatized INTELSAT
employees means those family members meeting the definition in 9 FAM 41.21(a)(3).

5. In addition to the standard annotation for G-4 visas, G-4 visas issued to privatized INTELSAT officers/employees and their immediate family should include the following additional line at the end of the annotation: "Issued pursuant to Section 301 of P.L. 106-396."

6. Although the legislation provided for continued G-4 status for the "grand-fathered" INTELSAT employees and their families, no provision was made for continued eligibility for G-5 status for any domestic servants that might be employed by such individuals. Therefore, domestics of officers and employees of privatized INTELSAT are not/not eligible for G-5 status, even though the officers/employees for whom they work may be grand-fathered and may continue to hold G-4 status.

7. Although the great majority of INTELSAT employees now work for privatized INTELSAT, a very small portion of INTELSAT was carved out and will continue to operate as a
G-qualifying international organization, under the acronym ITSO, which (like pre-privatized INTELSAT) stands for the International Telecommunications Satellite Organization.
ITSO will employ only a handful of people, and those employees, as officials of an international organization, will be eligible for G-4 status, regardless of their hire date. In addition, domestic servants of G-4 ITSO staff (if any) would be eligible for G-5 status, just as is the case for servants of any other international organization employee.

8. The FAM is being revised to note that domestics of privatized INTELSAT employees cannot qualify for G-5 status, and to indicate that foreign employees of ITSO, their families, and domestics would qualify for G-4/G-5. Following are the changes to the FAM notes at 9 FAM 41.24 N9.

Current 9 FAM 41.24 N9.5 is being deleted, as it is a repeat of the text of N9.1.

New 9 FAM 41.24 N9.5 will read as follows:

N9.5 Domestics of Privatized INTELSAT Personnel

Domestic servants of privatized INTELSAT personnel are not eligible for G-5 status, even if their employer holds G-4 status under the "grand-fathering" provisions described in 9 FAM 41.24 N9.2, above.

In addition, the following new Note will be added:

N9.6 ITSO Personnel

A small part of former INTELSAT was not privatized and will remain a qualifying international organization, under the acronym ITSO (standing for "International Telecommunications Satellite Organization"). ITSO personnel and their immediate family are eligible for G-4 classification, regardless of the date on which the principal alien was hired. In addition, servants of ITSO
personnel are eligible for G-5 classification, as domestics of personnel employed by an international
organization.

POWELL