Interviews for Domestic helpers are scheduled only for Wednesdays and Fridays. They will be requested to return on either of these days if they schedule for other visa categories on Mondays, Tuesdays, and Thursdays.
Domestic Employee Visa
- Overview
- Qualifications
- Accompanying a Nonimmigrant Visa Holder
- Accompanying an American Citizen
- Accompanying a U.S. Legal Permanent Resident
- Contract Requirement - B1 Domestic Employee Work Contract
- Rights and Protections for Temporary Workers in the United States
- A-3 and G-5 Visas
- Application Items
- Supporting Documents
Overview
Personal or domestic servants 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, au pairs, 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 or G-5 visa, depending upon their employer's visa status. American citizens who are returning permanently to the United States are not eligible to bring back a domestic employee.
Qualifications
For a B-1 visa, domestic employees must demonstrate that:
- The purpose of their trip is to enter the United States for work as a domestic employee;
- They plan to remain for a specific, limited period;
- They have a residence outside the United States as well as compelling social and economic ties abroad that will ensure their return at the end of the contract.
Caution: Do not present false documents. Fraud or misrepresentation can result in permanent visa ineligibility. If confidentiality is of concern, the applicant should bring the documents to the Embassy in a sealed envelope. The Embassy will not make this information available to anyone and will respect the confidentiality of the information.
Accompanying a Nonimmigrant Visa Holder
Domestic employees accompanying or following to 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 in B, E, F, H, I, J, L, M, O, P, Q, or R nonimmigrant status may be eligible for the B-1 visa classification provided:
- The domestic employee has at least one year's experience as a personal or domestic servant as attested to by statements from previous employers;
- The employee has been employed outside the United States by the employer for at least one year prior to the date of the employer's admission to the United States, or
- The employer-employee relationship existed immediately prior to the time of application, andthe employer can demonstrate that he has regularly employed (either year-round or seasonally) domestic help over a period of years preceding the time of application
- The employee will have no other work, and will receive from the employer free room and board and round trip airfare as indicated under the terms of the employment contract.
Accompanying an American Citizen
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:
- The employee has a residence abroad which he or she has no intention of abandoning;
- The alien has 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 OR the employer can show that while abroad the employer has regularly employed a domestic servant in the same capacity as that intended for the applicant;
- The employee can demonstrate at least one year experience as a personal or domestic servant by producing statements from previous employers attesting to such experience; and
- 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.
- The U.S. citizen employer must be 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
- 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 (2) above, the employee will receive the minimum or prevailing wages whichever is greater, for work in the United States. 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.
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 B1 Domestic Employee Work Contract
To check prevailing/minimum wage: http://www.flcdatacenter.com
(CLICK HERE TO VIEW A SAMPLE TEMPLATE OF A B1 DOMESTIC EMPLOYEE WORK CONTRACT FOR THE U.S. IN ENGLISH)
B-1 Domestic employee applicants must present an employment contract, signed by both the employer and the employee, to include:
- A description of the duties in the U.S.;
- The number of hours to be worked each week (minimum 40 hours per work 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) where the applicant will be employed for all hours of duty. Current minimum wages throughout the U.S. are found hereand currently prevailing wages can be found here.
- A certification that the domestic employee will receive free room and board;
- A certification that the employer will ensure that the domestic helper does not become a public charge while working for the employer;
- A certification that the domestic helper will not accept any other employment while working for the employer and will only work for the employer who signed the contract;
- A certification that the employer will not withhold the passport of the domestic helper;
- A certification that both parties understand that the domestic helper cannot be required to remain on the premises after working hours without compensation;
- A certification that the employer will pay the domestic helper’s initial travel expenses to the U.S., and subsequently to the employer’s onward assignment, or to the domestic helper’s country of normal residence at termination.
- If the employee does not understand English, the contract must also be in a language the employee understands.
- 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
- Other recommended terms of employment, if any, provided they are fully consistent with all U.S. Federal, State and local laws, and any modification to the contract must be in writing.
Rights and Protections for Temporary Workers in the United States
- Learn and know about your rights and protections as a temporary worker in the United States.
Read more here
Employers’ Passport & Visa
Domestic employee applicants must bring a copy of their employers’ (both spouses, if a couple) passports and visas or other method they will use to enter the United States (their Visa Waiver country passport or U.S. passport).
A-3 and G-5 Visas
An applicant who is the attendant, servant, or personal employee of someone classified A-1 or A-2 or G-1 through G-4 is entitled to the appropriate A-3 or G-5 classification. A-3 and G-5 visa applicants must be interviewed by a consular officer. They are exempt from MRV fee payment; however, they are required to complete the online DS-160 form.
Applicants must write to SingaporeCon@state.gov to schedule an interview appointment for an A-3 or G-5 visa.
- Domestic helpers of diplomats (A3) and international organization employees (G5), 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.
- The applicant must present a diplomatic note from the appropriate foreign government office, mission, international organization,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 Verbaleshould also listthe name of the employee and give the employer's title or official status.
- The applicant must present anemployment contract, signed by both the employer and the employee, meeting all requirements listed above
- The applicant must demonstrate awareness of his/her rights as set out in the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (WWTVPRA) (Public Law 110-457) pamphlet.
The consular officer must be satisfied that the wage to be received by the A-3 or G-5 applicant is a fair wage comparable to that offered in the area of employment and sufficient to overcome public charge concerns.
Application Items
Each domestic employee applicant for a B-1, A-3 or G-5 visa must submit the following:
- A Nonimmigrant Visa Electronic Application (DS-160) Form. Visit the DS-160 webpage for more information.
- A passport valid for travel with at least six months validity beyond the applicant's intended period of stay in the United States (unless country-specific agreements provide exemptions).
- One (1) 2x2 inch photograph
- An employment contract, signed by both the employer and the employee, meeting all requirements listed above.
- 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);
- For B-1 applicants only: A receipt showing payment of your non-refundable nonimmigrant visa application processing fee, paid in local currency. Please visit this page for information about paying this fee. There may be an additional visa issuance reciprocity fee, depending on the applicant's nationality. Visit the Visa Reciprocity Tables to find out if you must pay a visa issuance reciprocity fee and what the fee amount is.
- For A-3 and G-5 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. It should also specify the date of departure, and the purpose of the trip and length of stay in the United States.
Note: A-3 and G-5 applicants are not required to pay application fees. Applicants may bring whatever supporting documents they feel are necessary to support the information they are providing to the consular officer, such as: evidence of purpose of the trip, intent to depart the United States, arrangements made to cover the costs of the trip, etc. Applicants may provide other documentation substantiating the trip's purpose and specifying the nature of binding obligations, such as family ties or employment, which would compel their return abroad.
Supporting Documents
- Proof of the employer's ability to pay the promised wage. Note :If 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 the applicant's stay in the United States will be temporary.
- If your employer is married, you are required to bring the passport data pages and visas for both your employer and your employer's spouse.
Visit the Department of State's website for more information about A-3, B-1, and G-5 visas.