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, parlormaids, 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
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 employee has a residence abroad which he or she has no intention of abandoning;
- The employer and the employee have signed an employment contract which contains statements that the employer is guaranteed the minimum or prevailing wages, whichever is greater (Further information is available from the Department of Labor’s website at www.dol.gov), and free room and board, and the employer will be the only provider of employment to the employee.
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. Note: 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.
At the time of applying for the visa, the employee is required to furnish an employment contract that has been signed and dated by the employer and employee and contains a guarantee from the employer, that in addition to the provisions in item (3), the employee will receive the minimum or prevailing wages, whichever is greater for an eight hour work-day. (Further information is available from the Department of Labor’s website at www.dol.gov). The employment contract must also reflect any other benefits normally required for U.S. domestic workers in the area of employment. The employer will give at least two weeks notice of his or her intent to terminate the employment, and the employee need not give more than two weeks notice of intent to leave the employment.
I believe that I qualify for a B-1 visa. What do I do next?
You should apply for the visa. 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.
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.
Embassy London accepts for processing the visa applications of domestic employees of all diplomatic passport holders accredited to their missions in the United Kingdom.
How to apply
A completed visa application form DS-156
is required for each person traveling, even children and babies listed in parents'
passports.
Male applicants aged 16 to 46 are also required to complete the
supplemental nonimmigrant visa form DS-157.
The visa applicant is required to appear in person for an interview with a U.S.
consular officer during the opening hours of the
Diplomatic Visa Section. In addition to the visa
application forms, the applicant is required to furnish his or her passport, color
passport type photograph, a copy of the employer's diplomatic visa and a Note Verbale.
The Note Verbale should list the name of the employee, give the employer's title or
official status. It should also specify the date of departure from the United Kingdom,
and the purpose of the trip and length of stay in the United States.
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.
Visa processing and issuance fees
Diplomatic passport holders are exempt from paying visa fees for all types of visas. Official passport holders are not charged for official visas, but are required to pay visa application and reciprocal issuance fees, if applicable, for all non-official visas.
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. This is sent either to the applicant or the Embassy. If the request is being sent to the Embassy, you should confirm receipt by calling 020-7499-9000 ext. 3050 before applying for the visa.
How to apply
A completed visa application form DS-156 is required for each person traveling, even children and babies listed in parents' passports.
Male applicants aged 16 to 46 are also required to complete the supplemental nonimmigrant visa form DS-157.
The visa applicant is required to appear in person for an interview with a U.S. consular officer during the opening hours of the Diplomatic Visa Section. In addition to the visa application forms, the applicant is required to furnish his or her passport, color passport type photograph, a copy of the employer's visa and the original official request from the organization, if it has not been sent directly to the Embassy.
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.
Visa processing and issuance fees
Diplomatic passport holders are exempt from paying visa fees for all types of visas. Official passport holders are not charged for official visas, but are required to pay visa application and reciprocal issuance fees, if applicable, for all non-official visas.
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