Embassy of the United States in Manila : Nonimmigrant Visa

The Nonimmigrant Visa Unit (NIV) is open for business Mondays, Tuesdays, Thursdays and Fridays, from 7:30 a.m. to 4:30 p.m., except on U.S. and Philippine Holidays and every last business day of the month.

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Visas for Personal/Domestic Employee of Representatives of Foreign Governments and Employees of International Organizations/Official and Diplomatic Passport Holders (A-3 and G-5)

Holders of nonimmigrant A-1, A-2, G-1, G-2, G-3, and G-4 visas are eligible to be accompanied by personal employees during their stay in the United States, subject to certain conditions. Please read the requirements outlined below.

DERIVATIVES

The spouse and unmarried children under 21 years old of the A-3 and G-5 visa holders are entitled to derivative status in the same classification as the principal alien if they seek to accompany or "follow to join" the primary visa holder.

HOW TO APPLY

To apply, please comply with Steps 2 and 3 of the Nonimmigrant Visa Application Procedures. In addition to the basic documentary requirements, as specified on the application procedures Step 2, the applicant must submit the following additional documentary requirements:

FOR PRINCIPAL APPLICANTS

Proof of the employer’s status – Diplomatic Note or its equivalent from the employer’s current employer. [ A Diplomatic Note or the equivalent of such (ex. Note Verbale) issued by the Philippine Department of Foreign Affairs (for A visa applicants) or from the principal’s international organization or mission (for G visa applicants) confirming the employment status of the principal and requesting issuance of the visa.]

Copy of employer ’s nonimmigrant A or G visa

Original employment contract signed by the employer and the employee. The contract must include the following elements:

a)	A guarantee the employee will be compensated at the state or federal minimum or prevailing wage for an eight hour day , whichever is greater;
b)	Overtime pay of 1.5 times the hourly rate for any work in excess of 40 hours during a given week;
c)	A promise by the employee not to accept any other employment while working for the employer;
d)	A promise by the employer to not withhold the passport of the employee;
e)	A statement indicating that both parties understand that the employee cannot be required to remain on the premises after working hours without compensation;
f)	A guarantee of free room and board, round trip airfare, and any other benefits normally required for U.S. domestic workers in the area of employment (e.g., overtime, social security, etc);
g)	Guarantee that the employer will provide the employee with health insurance at all times during his/her stay in the United States; and,
h)	A provision stating that the employer's intent to terminate the employment is given at least two weeks notice.

The employee must have in his/her possession an original contract or a copy of the contract, to be presented at the Port of Entry, showing original signatures of both the employer and the employee.

Employer’s proof of ability to pay the employee's wages while in the United States.

FOR DEPENDENTS

	1.	Proof of the principal’s status – Diplomatic Note or its equivalent from the principal’s current employer

	2.	Copy of principal’s nonimmigrant A or G visa

	3.	Evidence of ties and financial status of the applicant, or the applicant’s parents, if minor, in the Philippines .

Notes:

		In certain cases, additional documents may be requested.

		All documents must be originals. Photocopies will not be accepted, unless specified. *The applicant must submit these documents to the interviewing consular officer during the interview.* The Nonimmigrant Visa Unit does not accept documents before the interview. Any documents received will not be returned and will be destroyed. Please note, however, that presentation of the documents will not guarantee visa issuance. Applicants must still qualify for the type of visa being sought.
		In most instances, it is unnecessary for an officer to interview an employer. Therefore, if the employer accompanies his/her domestic helper to the interview, it is likely he or she will not be admitted. If the officer determines that additional information from the employer is needed, the employer may be asked to return to the Embassy at a later date.

Please feel free to visit the Frequently Asked Questions (FAQs) page.

Last Update :: 05/05/2008

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