Personal or domestic workers who are accompanying or following an employer to the United States may be eligible for B-1 visas. This category of domestic employees includes cooks, butlers, chauffeurs, housemaids, valets, footmen, nannies, gardeners, and paid companions. To apply for a B-1 visa, you must demonstrate that the purpose of your trip is to enter the United States and you plan to remain in the United States for a specific, limited amount of time. Your employer should meet certain qualifications as well, and you should have evidence of compelling social and economic ties abroad. Lastly, you must have a residence outside the United States as well as other binding ties that will ensure you return abroad at the end of your employment contract which must be signed by both you and your employer.
If you are accompanying a nonimmigrant visa holder, you must have at least one year’s experience as a personal or domestic employee stated by previous employers, your relationship with your employer existed prior to the time of your employer’s application, and your employer can demonstrate that he or she regularly employed (either year-round or seasonally) domestic help over a period of years. Lastly, you must have no other work, and will receive free room and board and round-trip airfare from your employer as indicated under the terms of the employment contract. If accompanying a U.S. legal permanent resident, they are not permitted to bring their domestic workers to the United States on a B-1 visa under any circumstances.
If you are accompanying a U.S. Citizen, you may be eligible for a B-1 classification if you have a residence abroad which you have no intention of abandoning; You have been employed abroad by the employer as a personal or domestic servant for at least six months prior to the date of the employer’s admission to the United States; You can demonstrate at least one year of experience as a personal or domestic servant by producing statements from previous employers attesting to such experience and you are in possession of an original contract or a copy of the contract. The U.S citizen employer is subject to frequent international transfers lasting two years or more as a condition of the job as confirmed by the employer’s personnel office and is returning to the United States for a stay of no more than six years. Lastly, the required employment contract has been signed and dated by both you and the employer and contains a guarantee from the employer that you will receive a minimum of wages greater for an eight-hour work-day.
As a domestic employee applying for a B-1 visa, you must present an employment contract, signed by both you and your employer. This contract must include a description of your duties in the U.S; The number of hours you will work each week; The number of authorized holidays, vacation and sick days per year; The regular days off each week; The rate of pay; A certification that you will receive free room and board; A certification that your employer will ensure that you do not become publicly charged while working; A certification that you will not accept any other employment while working for your employer; A certification that your employer will not withhold your passport; A certification that both parties understand that you cannot be required to remain on the premises after working hours without compensation and lastly, a certification that your employer will pay your initial travel expenses to the United States or to your country of normal residence at termination.
However, if you choose to join an employer who is a foreign diplomat or government official, you may apply for an A-3 or G-5 visa, depending on your employer’s visa status. You must demonstrate entitlement to an A-3 or G-5 classification, such as a letter of reference from a former employer, evidence of previous employment in that sector, etc. Consular officers must establish the official status of the employer. They must follow the normal application procedures with one exception; A-3 and G-5 visa applicants do not pay the visa application fee. Applications for such visas must include an employment contract signed by both you and the employer.
When applying for an A-3 or G-5 visa, you must present an employment contract, signed by both you and your employee which includes a guarantee that you will be compensated at the state or federal minimum wage; A statement that after the first 90 days of employment all wage payments must be made by check or by electronic transfer to your bank account. Remember, neither the employer nor their family members should have any access to your bank accounts. This also includes a promise by you not to accept any other employment while working for your employer and a promise by your employer to not withhold your passport. You will also need a statement indicating that you cannot remain on the premises after hours, just as the contract above for B-1 visa.
To apply for your visa, Complete the Nonimmigrant Visa Electronic Application DS-160 form, pay your visa application fee and make sure to schedule your appointment. In order to schedule your appointment, you must need the following information; Your passport number, the receipt number from your Visa Fee Receipt, and the ten digit barcode number from your DS-160 confirmation page. Lastly, visit the U.S Embassy on the date and time of your visa interview. You must bring a printed copy of your appointment letter, your confirmation page, one photograph taken within the last six months, your current and old passports, and the original visa fee payment receipt.
Patricia Elizee is the managing partner of Elizee Law Firm, an immigration and family law firm located at 1110 brickell Avenue, suite 315, Miami, Florida 33131. She can be reach at Ph: 305-371-8846.