Non-Immigrant VIsas
Domestic Employee Visas
Personal or domestic servants who are accompanying or following to join an employer in the United States are eligible for B-1 visas; those accompanying or following to join an employer who is a foreign diplomat or official are eligible for A-3 or G-5 visas, depending on the visa status of their employer.
This category of persons includes, but is not limited to, cooks, butlers, chauffeurs, housemaids, parlormaids, valets, footmen, nannies, au pairs, mothers' helpers, gardeners, and paid companions.
Accompanying a Nonimmigrant Visa Holder
An employer-employee relationship must already have existed between the employer and the visa applicant. This can be demonstrated in the following ways: 1. 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. 2. If the employer-employee relationship existed immediately prior to the time of application, the employer can demonstrate that he has regularly employed the applicant as domestic help over a period of years preceding the time of application either year-round or seasonally. If the employer-employee relationship is less than one year in duration, the employee must have had at least one year's experience as a personal or domestic servant as attested to by statements from previous employers. A responsibility of the employer is that he/she will be the only provider of employment for the visa holder. Additionally, he/she will provide the employee room and board and round trip airfare as indicated under the terms of the employment contract.
Accompanying an American Citizen
Personal or domestic servants who are accompanying or following to join their United States citizen employer in the United States may be eligible for the B-1 visa classification if their employer ordinarily resides outside the United States and is traveling to the United States temporarily, or the employer is subject to frequent international transfers lasting two years or more and who, as a condition of employment, is going to reside in the United States for a stay not to exceed four years.
Note: It is not possible to qualify for a B-1 visa if the United States citizen will reside permanently in the United States, even if the individual concerned has previously been in the United States citizen's employ abroad.
In addition:
- The employer-employee relationship must have existed for at least six months prior to the employer's admission to the United States or, alternatively, that the employer has regularly employed a domestic servant in the same capacity while abroad;
- The employee has had at least one year experiences as a personal or domestic servant by producing statements from previous employers attesting to such experience;
- The employer will be the only provider of employment, and will provide the employee free room and board and round trip airfare as indicated under the terms of the employment contract.
Employment Contract
When applying for the visa applicants must be able to show that he/she will receive a fair wage comparable to that offered in the area of employment in the United States. Additionally, applicants are required to submit an English language contact signed by both employer and employee that at a minimum must include the following:
- hours of work;
- medical insurance;
- guarantee that the employee will be compensated at the prevailing wage.
- the employee will not accept any other employment while working for the employer; and
- the employer agrees not to withhold the passport of the employee.