Traveling with Personal (Domestic) Employees
Holders of non-immigrant visas, and United States 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, including the personal employee’s ability to show strong ties to their residence in their home countries that they do not wish to abandon.. Please read the requirements outlined below.
1. Contract Requirements for All Domestic Employees
All contracts, regardless of the visa class of the employer or the intended length of stay, must contain the following stipulations:
A guarantee the employee will be compensated at the U.S. State or Federal minimum or prevailing wage for an eight hour day, whichever is greater; and
Overtime pay of 1.5 times the hourly rate for any work in excess of 40 hours during a given week; and
A promise by the employee to not accept any other employment while working for the employer; and
A promise by the employer to not withhold the passport of the employee; and
A statement indicating that both parties understand that the employee cannot be required to remain on the premises outside of working hours without compensation; and
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); and
At least two weeks notice of the employer’s intent to terminate the employment. 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. Requirements for each Employer Category
In addition to the contract requirements listed above, certain additional documents or representations are required for issuance of a visa to a domestic employee of the following visa holders:
· Personal Employees of Persons assigned to International Organizations or Bilateral Missions (A, G):
A “note verbale” from the principal’s IO or mission confirming the employment status of the principal and requesting issuance of the visa; and
An employment contract certified or endorsed by the employer’s mission or organization.
· Personal Employees of Non-immigrants (B, H, L, F or J visas holders) other than Diplomats:
In addition to the above:
The employee has a residence abroad which he or she has no intention of abandoning; and
The employee can demonstrate at least one year’s experience as a personal or domestic servant; and
The employee has been employed outside the United States by the employer as a personal or domestic servant, 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.
· Personal Employees of U.S. citizens temporarily assigned to the U.S.
U.S. citizens may bring back employees to the U.S. if the following conditions are met:
The U.S. employer normally works abroad; and
The U.S. employer is returning to the U.S. for no more than 4 years, 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; and
The employee can demonstrate at least one year experience as a personal employee by producing statements from previous employers attesting to such experience.
Required Documents for All Applicants
Each application must be accompanied by:
An application form (DS-156 and Supplement) completed and signed. Blank forms are available at the Embassy at no charge from the guards at Gate 3 and 4, or may be obtained from most travel agencies or the bank where the application fee is paid.
One color photograph 1.5″ x 2″ against a white background with your signature on the reverse side. Do not staple the photograph to your application.
A validation stamp on the DS-156 showing payment for the visa application fee (except for A3 and G5 applicants);
A valid passport; and
An original copy of the employment contract.
Employers must also submit proof of ability to pay the employee’s wages while in the United States.