Embassy of the United States

NON-IMMIGRANT VISAS

Domestic Employee Visas

Personal or domestic employees who are accompanying or following to join an employer in the United States may apply for B-1 visas; those accompanying or following to join an employer who is a foreign diplomat or official are eligible for A-3 or G-5 visas, depending on the visa status of their employer.

This category of persons includes, but is not limited to, cooks, butlers, chauffeurs, housemaids, nannies, and paid companions.

When working in the United States temporarily, we want to ensure each nonimmigrant is aware of his or her rights, as well as protections and resources available. To learn more, each visa applicant should review the Nonimmigrant Rights, Protections and Resources pamphlet.

Accompanying a Non-immigrant Visa Holder

An employer-employee relationship must already have existed between the employer and the visa applicant.  This can be established in the following ways:  

1. 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.
2. If the employer-employee relationship existed immediately prior to the time of application, the employer can demonstrate that he has regularly employed the applicant as domestic help over a period of years preceding the time of application either year-round or seasonally. 
3. If the employer-employee relationship is less than one year in duration, the employee must have had at least one year's experience as a personal or domestic servant as attested to by statements from previous employers.

In addition to all documents required for a business visa (B1), a domestic employee much also provide:

• A copy of their sponsor's visa or U.S. passport; and
• An employment contract.

 The Employment Contract

 To insure that the applicant will receive a fair wage, applications for visas for domestic employees must include an employment contract signed by the employer and the employee. The contract should be presented in English and in languages clearly understood by the employer and employee.  The contract must include the following elements: 

1. An agreement by the employer to abide by all federal, state, and local laws in the United States;
2. A guarantee the employee will be compensated at the state or federal minimum or prevailing wage, whichever is greater. Prevailing wages are often far greater than minimum wages. Please visit the Department of Labor’s Online Wage Library for details on prevailing wages in the location you will visit. If any money is deducted for food or lodging, it should be no more than reasonable. Under federal law, the rate of overtime pay need not exceed the regular hourly rate if the employee resides in the home of the employer, but state law governing overtime rate also applies and must be checked. If the employee does not reside with the employer, overtime for hours in excess of 40 hours per week must be paid at the rate of time and a half;
3. Information on the frequency and form of payment, work duties, weekly work hours, holidays, sick days, vacation days, and the regular day(s) off each week;
4. A statement by the employee that he or she will not accept any other employment while working for the employer;
5. A statement by the employer that he or she will not withhold the passport, employment contract, or other personal property of the employee; and
6. A statement indicating that both parties understand that the employee cannot be required to remain on the premises after working hours without compensation.

For more information on the prevailing wage in the location in which the domestic worker will work, please click here

For an explanation of prevailing wages, please click here

There are additional regulations for domestic employees wishing to accompany an American Citizen. For information on these regulations, please click here.