Domestic Employees
Personal or domestic servants who are accompanying or following to join an employer in the United States are eligible for B-1 visas; those accompanying or following to join an employer who is a foreign diplomat or official are eligible for A-3, G-5 or NATO-7 visas, depending on the visa status of their employer.
This category of persons includes, but is not limited to, cooks, butlers, chauffeurs, housemaids, parlor maids, valets, footmen, nannies, au pairs, mothers' helpers, gardeners, and paid companions. Please refer to the appropriate section for further information.
- Accompanying a Nonimmigrant Visa Holder
- Accompanying an American Citizen
- I believe that I qualify for a B-1 visa. What do I do next?
- Accompanying an A-1 or A-2 Visa Holder
- Accompanying a G or NATO Visa Holder
- Additional Requirements
- Trafficking Victims Pamphlet
Accompanying a Nonimmigrant Visa Holder
Personal or domestic servants who are accompanying or following to join an employer who seeks admission to, or who is already in, the United States in B, E, F, H, I, J, L, M, O, P, Q, or R nonimmigrant status may be eligible for the B-1 visa classification provided:
- The employee has been employed outside the United States by the employer for at least one year prior to the date of the employer's admission to the United States, or if the employer-employee relationship existed immediately prior to the time of application, the employer can demonstrate that he has regularly employed (either year-round or seasonally) domestic help over a period of years preceding the time of application;
- The employee has at least one year's experience as a personal or domestic servant as attested to by statements from previous employers;
- 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
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. It is not possible to qualify for a B-1 visa if the United States citizen will reside permanently in the United States, even if the individual concerned has previously been in the United States citizen's employ abroad. In addition,
- the employer-employee relationship must have existed for at least six months prior to the employer's admission to the United States or, alternatively, that 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 by producing 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.
I believe that I qualify for a B-1 visa. What do I do next?
You should for set up an appointment and follow the instructions in How to Apply. When applying for the visa, you will be required to furnish the original of a written contract signed and dated by both you and your employer which guarantees the minimum or prevailing wage, whichever is higher, for an eight hour workday, and any other benefits normally required for United States domestic workers in the area of employment. In the case of those who are accompanying U.S. citizens, the contract must also specify that the employer give at least two weeks notice of intent to terminate the employment and that the employee need not give more than two weeks notice of intent to leave such employment.
Back To Top
Accompanying an A-1 or A-2 Visa Holder
Personal or domestic servants of an employer who seeks admission to, or who is already in, the United States in A-1 or A-2 status may be issued A-3 visas.
Back To Top
Accompanying a G or NATO Visa Holder
Domestic employees and personal servants of persons holding G-1 through G-4 visas may be issued G-5 visas and servants of persons holding NATO-1 through NATO-6 visas, may be issued NATO-7 visas. An application for a G-5 or NATO-7 visa cannot be processed without an official request from the organization to which his/her employer is accredited.
Back To Top
Additional Requirements
When applying for the visa the applicant must be able to show that he/she will receive a fair wage comparable to that offered in the area of employment in the United States, and that the wage is sufficient to provide financial support for them and their dependents. Additionally the applicant is required to submit an English language contact signed by both employer and employee that at a minimum must include the following:
-
- hours of work
- medical insurance
- a guarantee that the employee will be compensated at the state or federal minimum or prevailing wage, whichever is greater. Any deductions for food and lodging must be no more than reasonable and voluntarily agreed to on the part of the employee;
- the employee will not accept any other employment while working for the employer; and
- the employer agrees not to withhold the passport of the employee.
Applicants for G-5 and NATO-7 visas must present an official request from the organization to which his/her employer is accredited. A-3, G-5, and NATO-7 applicants do not have to pay the visa application fee.
Back To Top
