Non-Immigrant Visas

In order for those in this category to bring a domestic servant to the United States, the Consular Officer must be satisfied that:

The Employee:

1. has a residence abroad which she/he has no intention of abandoning;
2. has been employed by the employer for at least six months or that the employer has regularly employed a domestic employee in the same capacity;
3. can demonstrate at least one year experience as a domestic employee by producing statements from previous employers attesting to such experience; and
4. has an original contract or copy to be presented at the port of entry, showing the original signatures of the employer and the employee.

The Employer:

1. is a U.S. Citizen;
2. is subject to frequent international job transfers lasting two years or more as a condition of the job as confirmed by the employer's personnel office AND is returning to the United States for a period of no more than four years;
3. will be the only provider of employment to the domestic employee; and,
4. will provide the employee with free room and board and round trip airfare as indicated in the employment contract.

The Employment Contract must:

1. be signed and dated by the employer and employee;
2. contain a guarantee that, in addition to the provisions listed in number 2 above, the employee will receive the minimum or prevailing wages (whichever is greater) for an eight hour work-day and any other benefits normally required for U.S. domestic workers in the area of employment (including payment of social security, state unemployment taxes, etc.) and that the employee will be given at least two weeks notice of the employer's intent to terminate the employment; and,
3. indicate that the employee will give not more than two weeks notice of intent to leave such employment.

Supporting Documents

1. Contract between employers and domestic employee.
2. A letter from the employer's company attesting that the employer is subject to frequent international transfers lasting two years or more as a condition of employment AND that the current assignment in the United States will last for no more than four years.

To be eligible for a nonimmigrant visa to the United States, the domestic employee must be employed by employers who have nonimmigrant visas in B, E, F, H, I, J, L or M nonimmigrant status and:

The Employee:

1. has a residence abroad which she/he has no intention of abandoning;
2. can demonstrate at least one year domestic work experience and:
3. has been employed by the employer for at least one year prior to the employer's date of admission into the United States; or
4. if the employer-employee relationship existed for less than one year, that the employer can demonstrate that he/she employed domestic servants over a period of several years preceding the domestic employee's visa application.

The Employer and the Employee:

have signed an employment contract which contains statements that the employer guarantees the employee minimum or prevailing wages (whichever is greater), free room and board and that the employer will be the only provider of employment to the domestic employee.

Supporting Documents

1. Copies of the employers' passports and visas.
2. Contract (containing the required provisions) between employers and domestic employee. (See the recommended form of contract below.)

Recommended Form of Contract

Recommended Contract Provisions For Domestic Employees

The following recommended provisions do not constitute an approved or model employment contract.  Other contract provisions relating to the employment relationship may be required or advised under federal, state, or local law.  Employment contracts must conform to all applicable federal laws and the laws of the state and municipality of the place of employment.  The employer may wish to consult counsel to ensure compliance with all applicable laws.  The recommended provisions listed below are provided as guidance only in order to assist in the establishment of a good-faith, fair employer-employee relationship.

Duties

A description of the employee's duties.

Wages

1. Wages to be paid on an hourly basis. (Wages must be no less than the U.S. federal or state minimum wage, whichever is higher. Currently, the federal minimum wage is $5.15 per hour, but many states have legislated higher wages. You may check the current minimum wage for each state here. Wages must at no time be less than this, and must be adjusted automatically in keeping with any applicable increases in the federal or state minimum wage. Some states require augmented pay for overtime work, and your contract should reflect this.)
2. Wages will be paid no less frequently than monthly.
3. The number of day of paid vacation are:
4. The number of paid days for illness per year are:
5. The number of paid national or religious holidays per year are:
6. The employer will provide the employee transportation, free of charge, to the United States at the beginning of the employee's assignment and to the country of the employer's onward assignment or to the employee's country of normal residence at the termination of the employee's assignment. This provision shall continue to apply in the event that the contract expires or is terminated by either party, and regardless of the reasons for termination.
7. During the period of employment in the U.S., the employer will on a timely basis:
   a. Withhold from the employee's wages federal, state, and local income tax as required by law, and pay such amounts to the appropriate revenue authorities.
   b. Pay social security tax for the employee. The employer's portion of the social security tax may not be deducted from wages. (Employers should obtain Publications 15 and 393 from the Internal Revenue Service for information on tax reporting.) 1. The employer will not deduct from wages any amount for room and board, or for any other benefit provided by the employer as a condition of employment. 2. The Employer will provide medical insurance for the employee.

Hours of Work and Overtime

Work schedule:

1. The guaranteed number of regular work hours per week is: (Minimum guarantee of 35 regular work hours per week.)
2. The maximum amount of overtime work (beyond 40 hours per week) which may be required of the employee is _______ hours per week and the rate of overtime work is $_____ per hour. (Total number of work hours per week, including overtime, shall not exceed ____ hours. 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. State law on the overtime rate must be checked. If the employee does not reside with the employer, overtime for hours in excess of 40 must be paid at the rate of time and a half.)
3. The regular day(s) off is _____. The employer will not require the employee to work more than six days in any seven day period. 1. The employee will not be required as a condition of employment to remain on the employer's premises other than during regular or overtime working hours.

Requirements

1. The employee, while in the United States in B-1 visa status, agrees not to accept any other employment while working for the employer.
2. The employer aagrees not to withhold the passport of the employee.
3. The employer will respect applicable laws and regulations of the United States and of the state and local jurisdiction pertaining to labor or employment.

Documentation

To avoid possible misunderstanding between the parties, and as required by law, the employer will maintain for the duration of actual employment plus three years, the following records:

1. The employee's full name, date and place of birth, gender and occupation;
2. The employee's home address and telephone number in the United States;
3. A record of the number of hours worked daily and weekly;
4. A copy of a check or dated receipt covering each pay period, including a record of any deductions made.

Employers of Maids and other domestic employees should remember that they must fulfill certain requirements on behalf of their employees once they are in the USA.  The following list is just a guide.  For more accurate and up-to-date information, you should contact the appropriate federal and state agencies.

1. Your maid should have her employment contract available for presentation at the port of entry.
2. Your maid will need a social security number. Her visa will be annotated so that she will be able to apply for a social security number. This number can be used for filing federal and state income taxes, for applying for banking or other services which require an identification number.
3. You will need to get an employer identification number for the Internal Revenue Service. You will need this number when you report the wages you paid your maid.
4. You may have to withhold from your maid's wages the amount due for federal and state taxes. At the end of the year, you should give her a W-2 form and help her file income taxes as required.
5. Your maid will need health and medical insurance. This can be quite expensive unless you can enroll her in a group plan.
6. Some states require workmen's compensation for employees. You may also be liable for unemployment compensation taxes.
7. You must pay your maid the minimum wage, provide free room and board and fulfill the other terms of the employment contract presented to the Embassy at the time of the visa application. The current minimum wage is about $5.15 or more per hour.
8. Assist your maid in registering at her consulate or embassy. Also, make certain that your domestic employee remains in legal non-immigrant status throughout her stay. Upon arrival in the United States, she will receive a form I-94 from the immigration official. This will state the period of time she may stay in the United States. If she is going to stay beyond that period, she must go to the Department of Homeland Security (DHS) before the period of her authorized stay expires to have the DHS review and grant her an extension of stay. Make sure that her passport is valid at all times.
9. Please remember that your maid was issued a visa only for temporary employment in the USA. Your maid may not change employment or work for any other employer. If your employment circumstances change making it necessary for you to stay longer in the US, your maid cannot continue to work for you and must depart from the States.
10. Both the employer and the domestic employee have the responsibility to comply with current US immigration laws and regulations.
11. If your maid departs the United States and needs to renew her visa during the course of her temporary employment in the US, she should be able to provide documents proving that she and you, as the employer, have complied with the above requirements.