NON-IMMIGRANT VISAS

Domestic Employees: 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.

QUALIFICATIONS FOR THIS VISA

To qualify as a domestic employee accompanying an American Citizen,

• The employer-employee relationship must have existed for at least six months prior to the employer's admission to the United States or 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 and can produce 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. Those remaining for more than three months must be guaranteed minimum or prevailing wage.

Domestic employees of United States citizens residing permanently in the United States are not eligible for B-1 status, even if the individual concerned has previously been in the United States citizen's employ abroad.

WHAT DO I DO NEXT?

Apply for the visa. Furnish the original of

1. A written contract signed and dated by both you and your employer;

2. You are guaranteed the minimum or prevailing wage, whichever is higher;

3. An eight hour workday;

4. Any other benefits normally required for United States domestic workers in the area of employment;

5. Requires that your employer give at least two weeks notice of intent to terminate the employment; and

6. Requires that you will give more than two weeks notice of intent to leave such employment. Read more...

   *For information on state and federal prevailing wages, please consult the U.S. Department of Labor's website at http://www.dol.gov/dol/esa/public/whd_org.htm.

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For additional information for all Foreign Visitors:
• http://travel.state.gov.
• Visa wait time information page
• Department of Homeland Security
• Internal Revenue Service
• U.S. Customs Service