Domestic Employee Visa

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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.

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 U.S. 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, Q, or R nonimmigrant visa then you may be eligible for a B-1 visa classification, provided:

  • 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 he or she regularly employed (either year-round or seasonally) domestic help over a period of years preceding the time 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

If you are a domestic employee and wish to accompany or join your U.S.-citizen employer in the United States then may be eligible for the B-1 visa classification if your American employer ordinarily resides outside the United States and is traveling to the United States temporarily, or your U.S.-citizen 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.

In addition:

  • Your employer-employee relationship must have existed for at least 6 months prior to your employer's admission to the United States or, alternatively, your employer has regularly employed a domestic servant in the same capacity while abroad
  • You have at least one year of experience as a personal or domestic employee as attested to by statements from previous employers
  • 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

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

  • 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 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 you will be employed for all hours of duty. Current minimum wages throughout the U.S. are found here and currently prevailing wages can be found here.
  • 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 U.S. and subsequently to your employer's onward assignment, or to your country of normal residence at termination

How to Apply

Step 1
Complete the Nonimmigrant Visa Electronic Application (DS-160) form.

Step 2
Pay the visa application fee. Save your receipt.

Step 3
Schedule your appointment on this web page. You will need three pieces of information in order to schedule your appointment:

      • Your passport number
      • The “Unique Beneficiary Account Number” that you use to make EFT payment or the "Transaction Reference Number" appearing on your Citibank receipt. (Click here if you need help finding either of these numbers.)
      • The ten (10) digit barcode number from your DS-160 confirmation page

Step 4
Visit the U.S. Embassy on the date and time of your visa interview. You will need to bring a printed copy of your appointment letter, your DS-160 confirmation page, one photograph taken within the last six months, your current and all old passports. 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 Embassy or Consulate in a sealed envelope. The Embassy or Consulate 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. Original documents are always preferred over photocopies. Do not fax, email or mail any supporting documents to the Embassy:

  • 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.

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

The William Wilberforce Trafficking Victims Protection Reauthorization Act

The Department of State wants to ensure that each nonimmigrant is aware of his/her rights, as well as protections and resources available, when working in the United States. To learn more, review the Nonimmigrant Rights, Protections and Resources pamphlet, please click here.

More Information

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