1. Except as otherwise stated below and subject to
the policies of the United States Department of State and the United
States Immigration and Naturalization Service, any natural person who is
not a United States Citizen or a permanent resident and who is
performing consulting services for GS/OAS in the United States of
America under a CPR in which he/she is the principal contracting party
is eligible to request the G-IV visa through the Department of Human
Resource Services ("DHRS").
2. A former OAS staff member who is neither a United
States citizen nor a permanent resident but who is eligible, or who has
been eligible, under the laws of the United States of America for a
permanent resident visa based on his/her status as former OAS staff
member may not request and receive a G-IV visa as a consultant unless
the former staff member first:
(a) certifies to the Director of DHRS under oath
that he/she will not be present in the United States of America for
more that 182 days for each of the calendar years during which the CPR
is to be performed; and
(b) presents evidence acceptable to the Director of
the DHRS that he/she has not been present in the United States for
more that 182 days of the year preceding the year in which the CPR
begins.
For purposes of counting days of presence in the
United States of America, days spent as a full-time GS/OAS staff member
(as defined in Article 17 of the General Standards shall not count.
Examples of acceptable evidence of presence in the United States
include, but is not limited to, the consultant's passports, visas, tax
returns, and airline tickets.
3. The Director of the DHRS shall immediately take
the appropriate measures to cancel the G-IV visa of any consultant who
presents false or misleading certifications, representations, and
evidence regarding that consultant's presence in the United States of
America and other factors relating to the visa request. The presentation
of such false or misleading certifications, and representations by the
consultant shall also be grounds for termination of the consultant's CPR
for cause and for permanent debarment regarding future contracting
opportunities with GS/OAS.
4. The Director of the DHRS shall duly advise every
consultant with a G-IV visa that the G-IV visa does not entitle the
consultant to the privileges and immunities accorded staff members under
the Headquarters Agreement and other applicable United States
legislation; nor to tax reimbursement under the Tax Reimbursement
Agreement with the United States of America. The Director of DHRS shall
also inform the consultant that the G-IV visa prohibits the consultant
from accepting other work for hire from persons and entities, other than
public international organizations, where such work is to be performed
in the United States of America, and that failure to observe that
restriction may result in the revocation of the visa by the appropriate
authorities.
5. Eligibility to request the G-IV visa in no way
constitutes a right to have that visa issued or processed by DHRS. The
Director of DHRS shall review each request on its merits and may refuse
to process a request for the visa, or request the cancellation of a visa
already issued, when in his/her opinion, the issuance or continuance of
the visa would be inconsistent with the rationale for extending the visa
privilege to GS/OAS consultants, constitute an abuse of the visa
privilege, or otherwise prejudice the interests of GS/OAS.
