| |
Visas for Personal/Domestic Employees of B, E, F, H, I, J, L, O, P, and Q Visa Holders and U.S. Citizens Temporarily Assigned To The United States (B-1) |
|
| |
|
|
| |
Holders of nonimmigrant B, E, F, H, I, J, L, O, P, and Q visas, and U.S. citizens planning temporary stays in the United States, are eligible to be accompanied by personal employees during their visit to the United States, subject to certain conditions. Please read the requirements outlined below. |
|
| |
|
|
| |
|
|
| |
HOW TO APPLY |
|
| |
|
|
| |
To apply, please check the Nonimmigrant Visa Application Procedures page. In addition to the basic documentary requirements, as specified on the application procedures Step 2, the applicant must submit the following additional documentary requirements: |
|
| |
|
|
| |
| |
1. |
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. |
| |
|
|
| |
2. |
Employer’s proof of ability to pay the employee's wages while in the United States |
| |
|
|
| |
3. |
Documents signifying employer’s status or temporary stay in the United States |
| |
|
|
| |
4. |
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 under INA Section 214(b). |
| |
|
|
| |
|
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. |
|
|
| |
|
|
| |
|
|
| |
In addition to the above documentary requirements, certain additional documents or representations are required for the issuance of a visa to: |
|
| |
|
|
| |
Domestic employee of B, E, F, H, I, J, L, O, P, and Q visa holders: |
|
| |
|
|
| |
| |
 |
The employee has a residence abroad which he or she has no intention of abandoning; |
| |
|
|
| |
|
The employee can demonstrate at least one year experience as a personal or domestic servant; and, |
| |
|
|
| |
|
The employee has been employed outside the United States as a personal or domestic servant by the employer for at least one year prior to the date of the employer's admission to the United States; or if the employee-employer relationship existed immediately prior to the time of visa application, the employer can demonstrate that he or she regularly employed personal or domestic servants over a period of several years preceding the visa application. |
|
|
| |
|
|
| |
|
|
| |
Domestic employee of U.S. citizens temporarily assigned to the United States: |
|
| |
|
|
| |
| |
|
The U.S. employer normally works abroad; |
| |
|
|
| |
|
The U.S. employer is returning to the United States for no more than 4 years; |
| |
|
|
| |
|
The employee can demonstrate at least one year experience as a personal or domestic employee by producing statements from previous employers attesting to such experience; and, |
| |
|
|
| |
|
The employee has been employed abroad by the employer as a personal employee for at least six months prior to the date of admission to the United States or, in the alternative, the employer has, while abroad, regularly employed a personal employee in the same capacity as that intended for the applicant. |
| |
|
|
|
|
| |
Please feel free to visit the Frequently Asked Questions (FAQs) page. |
|
| |
|
|
|
|
