Skip Global Navigation to Main Content
Skip Breadcrumb Navigation
Visas
 

Visa (B1) for employment of personal/domestic employees (servants) in the U.S.

Reference: 9 FAM (22CFR) 41.31 N6.3 Personal/Domestic Employees, TL: VISA-371; 03-15-2002


1. Servants of U.S. citizens residing abroad, visiting or on temporary assignment in the U.S., who accompany or follow to join U.S. citizen employers to the U.S. may seek a B1 visa to continue employment if the employer-employee relationship existed prior to the commencement of the employer's visit to the U.S. and the below conditions exist.

2. Personal Employee of Foreign Nationals in Nonimmigrant Status, who accompanies or follows to join an employer who is seeking admission into, or is already in, the United States in B, E, F, H, I, J, L, M, O, P, or Q nonimmigrant status, must meet the following requirements.

The employee must:

  • have a residence abroad which he or she has no intention of abandoning;
  • have been employed abroad by the employer as a servant for at least six months prior to the date of the employer's admission to the United States; or
  • in the alternative, the employer must show that while abroad the employer has regularly employed a servant in the same capacity as that intended for the applicant;
  • demonstrate at least one year experience as a servant by producing statements from previous employers attesting to such experience; and
  • possess an original contract to be presented at the port of entry, which contains the original signatures of both the employer and the employee


The U.S. citizen employer must:

  • be subject to frequent international transfers lasting two years or more as a condition of the job as confirmed by the employer's personnel office;
  • be returning to the U.S. for a stay of no more than four years;
  • be the only provider of employment to the servant;
  • provide the employee free room and board and a round trip airfare as indicated under the terms of the employment contract.

2. The servant of a foreign national who seeks admission into or is already in the U.S. with B, E, F, H, I, J, L, M, O, P, or Q nonimmigrant status may seek a B1 visa to continue employment if the employer-employee relationship existed prior to the commencement of the employer's visit to the United States and the following conditions exist.

The employee must: 

  • have a residence abroad which he or she has no intention of abandoning;
  • demonstrate at least one year's experience as a servant;
  • have been employed abroad by the employer as a servant for at least one year prior to the date of the employer's admission to the United States; or
  • in the alternative, if the employee-employer relationship existed immediately prior to the time of visa application, the employer must show that the employer has regularly employed (either year-round or seasonally) a servant over a period of several years preceding the employee's B1 visa application.


The foreign national employer must:

  • blue squarepay the employee's initial travel expenses to the U.S., and subsequently to the employer's onward assignment, or to the employee's residence abroad at the termination of the U.S. assignment;
  • be the only provider of employment to the employee.

blue square 
The employment contract must:

  • be signed and dated by the employer and employee;
  • guarantee that the employer will, in addition to the provisions listed above, pay to the employee the minimum or prevailing wages, whichever is greater, for an eight hour workday, and free room and board, and the employer will be the only provider of employment to the employee;
  • reflect any other benefits normally required for U.S. servants in the area of employment;
  • state that the employer and employee must furnish the other party at least two weeks termination notice.

3. Servants of lawful permanent residents (LPRs), including conditional residents and LPRs who have filed an Application to Preserve Residence for Naturalization Purposes (N-470), must qualify for an immigrant visa since U.S. law considers the employing LPR to be residing, and not merely temporarily present, in the U.S.


4. Source of payment to servants, the place where the payment is made or the location of the bank, is irrelevant.


5. All visitor visa applicants are presumed under U.S. law to be intending immigrants to, and public charges once in, the United States. The burden of proof to overcome these presumptions of law and be eligible for a visa rests solely with the applicant. No third party can make any guarantee of visa eligibility. To overcome the presumption of immigrant intent, an applicant may show what social, economic or other ties will compel the applicant to depart the United States after a temporary stay. Leaving one's home country to find work to support a family may well show that an applicant's economic ties to that home country are weak and the applicant has little reason to resume a life at home. To overcome the presumption of being a public charge, applicants may wish to show past receipt of actual prevailing wages, capacity of employer to pay prevailing wages in the U.S. and adequate U.S. health care arrangements or insurance. Employers and employees are cautioned to learn and abide by relevant federal, state and local anti-discrimination, tax, immigration and labor laws. Following this guidance does NOT imply that any visa applicant will be subsequently found eligible for any visa.


6. The following forms and documents are necessary. A consular officer may request additional information deemed necessary to properly adjudicate a visa application.:

  • A printed confirmation page from the Online Nonimmigrant Visa Application, DS-160 with photo for each applicant
  • blue squareA passport valid for travel to the United States with any plastic/leather cases removed. 
    (Note 1: A passport with a validity date at least six months beyond the applicant's intended period of stay in the United States is required for certain countries, unless country-specific agreements provide exemptions.  Korean and certain other country passports are exempt from this requirement.);
  • Original receipt showing payment of NIV application fee at Shinhan Bank, attached to the printed confirmation page.;
  • signed and dated contract;
  • blue squareevidence of employer's temporary assignment or visit to U.S.;
  • blue squareevidence of U.S. citizen employer's job requiring frequent international transfers;
  • blue squareevidence of employee's receipt of prevailing wages as a servant;
  • blue squareevidence of employer's capacity to pay prevailing wages in U.S.;
  • blue squareevidence of employee's health coverage in U.S.;
  • blue squareany written explanation or other information from employer that will assist us in adjudicating this application.

Employees must obtain an appointment for a B1 interview at www.us-visaservices.com or by calling 003-08-131-420 (M-F, 8:30 AM – 5:00 PM).  U.S. Mission personnel are NOT to accompany any visa applicant, employees included, to a visa interview. 

The William Wilberforce Trafficking Victims Protection Reauthorization Act
We want to ensure that every nonimmigrant is aware of his/her rights, as well as protections and resources available, while working or studying in the United States temporarily. To learn more, review the Nonimmigrant Rights, Protections and Resources pamphlet, available here.


Updated: July 13, 2011