Domestic Employee Visa

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Overview

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, but is not limited to, cooks, butlers, chauffeurs, housemaids, valets, footmen, nannies, mothers' helpers, gardeners, and paid companions.

Those accompanying or following to join an employer who is a foreign diplomat or government official may be eligible for an A-3, G-5, or NATO-7 visa, depending upon their employer's visa status.

Qualifications

If you are a domestic employee and wish to apply for a B-1 visa, you must demonstrate that:

  • The purpose of your trip is to enter the United States for work as a domestic employee
  • You plan to remain in the United States for a specific, limited period of time
  • Your employer meets certain qualifications
  • You have evidence of compelling social and economic ties abroad
  • You have a residence outside the United States as well as other binding ties that will ensure you return abroad at the end of your contract.

Accompanying a Nonimmigrant Visa Holder

If you are a domestic employee and wish to accompany or join an employer who is not a U.S. citizen or legal permanent resident, and who seeks admission to, or who is already in, the United States under a B, E, F, H, I, J, L, M, O, P, or Q nonimmigrant visa then you may be eligible for a B-1 visa classification, provided that:

  • You have at least one year's experience as a personal or domestic employee as attested to by statements from previous employers
  • You have been employed outside the United States by your employer for at least one year prior to the date of your employer's admission to the United States, or your employer-employee relationship existed immediately prior to the time of your employer's application, and your employer can demonstrate that they regularly employed (either year-round or seasonally) domestic help over a period of years preceding the time of their application
  • You will 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

Accompanying an American Citizen

a. Personal or domestic employees who are accompanying or following to join U.S. citizen employers temporarily assigned to the United States may be eligible for a B-1 visa classification provided that:

  1. The employee has a residence abroad which he or she has no intention of abandoning;
  2. The alien has been employed abroad by the employer as a personal or domestic employee for at least six months prior to the date of the employer’s admission to the United States OR the employer can show that while abroad the employer has regularly employed a domestic worker in the same capacity as that intended for the applicant;
  3. The employee can demonstrate at least one year experience as a personal or domestic worker by producing statements from previous employers attesting to such experience; and
  4. The employee is in possession of an original contract or a copy of the contract, to be presented at the port of entry, which contains the original signatures of both the employer and the employee.

b. 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. The employer will be the only provider of employment to the domestic employee, and will provide the employee free room and board and a round trip airfare as indicated under the terms of the employment contract; and

c. The required employment contract has been signed and dated by the employer and employee and contains a guarantee from the employer that, in addition to the provisions listed in item (b) above, the employee will receive the minimum or prevailing wages whichever is greater for an eight hour work-day. The employment contract must also reflect any other benefits normally required for U.S. domestic workers in the area of employment. The employer will give at least two weeks’ notice of his or her intent to terminate the employment, and the employee need not give more than two weeks’ notice of intent to leave the employment.

Note: You cannot qualify for a B-1 visa if the U.S. citizen employer will reside permanently in the United States, even if you have previously been employed by the U.S. citizen abroad.

Accompanying a U.S. Legal Permanent Resident

U.S. Legal Permanent Residents (Green card holders) are not permitted to bring their domestic workers to the United States on a B-1 visa under any circumstances.

Contract Requirements for B-1 Visa Holders

As a domestic employee applying for a B-1 visa, you must present an employment contract, signed by both you and your employer.  A sample contract is available in English here.  The contract must include:

  • A description of your duties in the United States
  • The number of hours you will work each week
  • The number of authorized holidays, vacation and sick days per year
  • The regular day(s) off each week
  • The rate of pay, which must be at least the prevailing or minimum wage per hour under Federal law (whichever is greater) in the State where you will be employed for all hours of duty. You can find information about minimum and prevailing wages at the following websites:

 - Prevailing Wage (Foreign Labor Certification Data Center) - to find the prevailing wage

Click on search wizard, choose state and city, select occupation code (for example, 37-2012 for maids and housekeeping cleaners, 39-9011 for childcare workers), then see the Level 1 wage. 

 - Federal Minimum Wage (Department of Labor) - to find the federal minimum wage

 - State Minimum Wages (Department of Labor) – Some states have a higher minimum wage than the federal minimum wage.

  • A certification that you will receive free room and board
  • A certification that your employer will ensure that you do not become a public charge while working for your employer
  • 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
  • A certification that your employer will pay your initial travel expenses to the United States and subsequently to your employer's onward assignment, or to your country of normal residence at termination. 

Accompanying an A-1, A-2, G-1 - G-4, or NATO 1-6 Visa Holder (A-3, G-5, or NATO-7 Visas)

If you are the attendant, servant, or personal employee of someone classified A-1 or A-2, G-1 through G-4, or NATO-1 through NATO-6 then you are entitled to the appropriate A-3, G-5, or NATO-7 classification. You must demonstrate entitlement to an A-3, G-5, or NATO-7 classification (e.g., 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 and the intent of both parties to enter into (or remain in) an employer-employee relationship. In addition, domestic helpers of diplomats (A-3) and international organization employees (G-5) must first be registered with the Department of State's Office of Foreign Mission Management Information System (TOMIS) before applying for a visa. For details of TOMIS registration please contact the U.S. Department of State's Office of Foreign Missions. 

A-3, G-5, and NATO-7 visa applicants must be interviewed by a consular officer. They must follow the normal application procedures with one exception:  A-3, G-5, and NATO-7 visa applicants do not pay the visa application fee. 

The consular officer must be satisfied that the wage to be received by the A-3, G-5, NATO-7 applicant is a fair wage comparable to that offered in the area of employment and sufficient to overcome public charge concerns. Applications for such visas must include an employment contract signed by the employer and the employee.

Contract Requirements for A-3/G-5/NATO-7 Visa Holders

a. A-3, G-5, and NATO-7 employees are covered by the Fair Labor Standards Act (FLSA).  In each case, an employee applying for an A-3, G-5, or NATO-7 visa must present a copy of the employment contract, in both English and (if the applicant does not understand English) a language understood by the applicant, that has been signed by both the applicant and the employer to demonstrate that the employee will receive a fair wage, and that the employee understands his or her duties and rights regarding salary and working conditions. 

b.Contract Requirements: The contract must contain the following provisions: 

  1. Description of Duties: The contract must describe the work to be performed (e.g., housekeeping, gardening, child care), and must include a statement that the domestic employee shall work only for the employer who signed the contract and will not accept any other employment while working for the employer.

  2. Hours of Work: The contract must state the time of the normal working hours and the number of hours per week.  It is generally expected that domestic workers will be required to work 35-40 hours per week.  The contract must also state that the domestic employee will be provided a minimum of one full day off each week.  The contract must indicate the number of paid holidays, sick days, and vacation days the domestic employee will be provided.

  3. Minimum Wage: The contract must state the hourly wage to be paid to the domestic employee.  The rate must be the greater of the minimum wage under U.S. Federal, state, or local law.  The contract must state that wages will be paid to the domestic employee either weekly or biweekly, and also state what deductions are to be taken from the wages.  No deductions are allowed for meals, lodging, medical care, medical insurance, or travel. 

- Federal Minimum Wage (Department of Labor) - to find the federal minimum wage

- State Minimum Wages (Department of Labor) – Some states have a higher minimum wage than the federal minimum wage.

  1. Overtime Work: The contract must state that any hours worked in excess of the normal number of hours worked per week are considered overtime hours, and that hours in which the employee is "on call" count as work hours.  It also must state that such work must be paid as required by U.S. local laws.

    NOTE:  Under Federal law, the rate of overtime pay need not exceed the regular hourly rate if the employee resides in the home of the employer, but State law governing overtime rates also applies and must be checked.  If the employee does not reside with the employer, overtime for hours in excess of 40 hours per week must be paid at the rate of time and a half.

  2. Payment: The contract must state that after the first 90 days of employment, all wage payments must be made by check or by electronic transfer to the domestic worker's bank account.  The bank account must be in the United States so that domestic workers may readily access and utilize their wages.  Neither Mission members, nor their family members, should have access to domestic workers' bank accounts. 

    In addition, the employer should retain records of employment and payment for three years after the termination of the employment in order to address any complaints that may subsequently arise. 

  3. Transportation to and from the United States: The contract must state that the domestic employee will be provided with transportation to and from the United States.

  4. Other Required Terms of Employment: The contract must state that the employer agrees to abide by all Federal, State, and local laws in the United States. 

    The contract also must include a statement that the domestic worker's passport and visa will be in the sole possession of the domestic worker.  In addition, the contract must state that a copy of the contract and other personal property of the domestic employee will not be withheld by the employer for any reason. 

    The contract must include a statement that the domestic worker's presence in the employer's residence will not be required except during working hours.

  5. Other Recommended Terms of Employment: The contract may include additional agreed-upon terms of employment, if any, provided they are fully consistent with all U.S. Federal, State, and local laws.  Any modification to the contract must be in writing.

Application Items

To apply for a B-1, A-3, G-5, or NATO-7 visa, you must submit the following: 

  • A Nonimmigrant Visa Electronic Application (DS-160) Form confirmation page. Visit the DS-160 web page for more information about the DS-160.
  • A valid passport. Most visa applicants must have a passport valid for at least 6 months past the date of their anticipated departure from the United States.  Taiwan passport holders and passport holders from certain countries may enter the United States with passports that will expire in less than 6 months.  However, they will not be permitted to remain in the U.S. beyond the validity of their passports.
  • All previous passports - If your previous passports are lost or stolen, you must provide AIT with a Certificate of Entry and Exit Dates (from 1983 to present).  To obtain a Certificate of Entry and Exit Dates, please visit the Taiwan National Immigration Agency’s website for details.  If you have reported for passport lost, please also provide the police report.
  • One color photograph (5cmx5cm) taken within the last six months with a white or off-white background. Starting November 1, 2016, eyeglasses will no longer be allowed in visa photos. This web page has information about the required photo format.
  • A receipt showing payment of your non-refundable nonimmigrant visa application processing fee paid in local currency. This web page has more information about paying this fee. If a visa is issued, there may be an additional visa issuance reciprocity fee, depending on your nationality. The Department of State's website can help you find out if you must pay a visa issuance reciprocity fee and what the fee amount is.( AIT strongly advises all customers to bring cash, as our system does not always accommodate credit card transactions. Thank you.)
  • An interview appointment letter confirming that you booked an appointment through this service.
  • If you have legally changed your name, please bring your most recent Taiwan Household Registration Record (with detailed notes). If you are not a Taiwan resident, please bring your Taiwan Alien Resident Certificate or your Taiwan visa information.
  • Applicants in scientific fields, or with technical and scientific backgrounds, may be required to provide additional documents.  See the Administrative Processing webpage for details. 
  • If you have been arrested or convicted for any offense or crime, please bring the police record or court documents to your interview.  (If the original record was not written in English, please also provide an English translation.)  Please also provide a Taiwan Police Criminal Record Certificate regardless of where you were arrested or convicted.
  • If you have abandoned your U.S. lawful permanent resident status (or green card), please provide proof of abandonment.
  • For B-1 applicants only: A receipt showing payment of your non-refundable nonimmigrant visa application processing fee paid in local currency. This web page has more information about paying this fee. If a visa is issued, there may be an additional visa issuance reciprocity fee, depending on your nationality. The Department of State's website can help you find out if you must pay a visa issuance reciprocity fee and what the fee amount is.( AIT strongly advises all customers to bring cash, as our system does not always accommodate credit card transactions. Thank you.)
  • A copy of your employer's visa or other method they will use to enter the United States (their Visa Waiver country passport or U.S. passport)
  • An employment contract, signed by both you and your employer, which meets all requirements listed above
  • For A-3, G-5, and NATO-7 applicants only: A Note Verbale confirming the employment status of the principal, the date of departure, the purpose of the trip and the length of stay in the United States. The Note Verbale should list the name of the employee and give the employer's title or official status. A-3, G-5, and NATO-7 applicants are not required to pay application fees. 

You may also bring whatever supporting documents you believe support the information provided to the consular officer. 

How to Apply

Step 1

Complete the Nonimmigrant Visa Electronic Application (DS-160) form.

Step 2

Pay the visa application fee.

Step 3

Schedule your appointment on this web page. You need three pieces of information in order to schedule your appointment:

  • Your passport number
  • The receipt number from your Visa Fee receipt. (Click here if you need help finding this number.)
  • The ten (10) digit barcode number from your DS-160 confirmation page

Step 4

Visit the American Institute in Taiwan on the date and time of your visa interview.  You must bring all the application items listed above. Applicants will not be allowed to enter the American Institute in Taiwan without these documents.  Applications without all of these items will not be accepted.

Supporting Documents

Supporting documents are only one of many factors a consular officer will consider in your interview. Consular officers look at each application individually and consider professional, social, cultural and other factors during adjudication. Consular officers may look at your specific intentions, family situation, and your long-range plans and prospects within your country of residence. Each case is examined individually and is accorded every consideration under the law.

Caution: Do not present false documents. Fraud or misrepresentation can result in permanent visa ineligibility. If confidentiality is a concern, you should bring your documents to the American Institute in Taiwan in a sealed envelope. The American Institute in Taiwan will not make your information available to anyone and will respect the confidentiality of your information.

You should bring the following documents to your interview:

  • Proof of your employer's ability to pay the promised wage. Note: If you are applying for an A-3 or G-5 visa, this only applies if the employer holds a diplomatic rank of counselor or below.
  • Evidence establishing that your stay in the United States will be temporary.
  • Visit the Department of State's website for more information.

More Information

For more information about A-3, B-1, G-5 and NATO-7 visas, visit the Department of State's website.