Consulate General of the United States Monterrey, Mexico

The requirements for a visa for a domestic employee include proof that the employee does not have the intention to immigrate to the United States. The Consular Officer must be convinced that the domestic employee will return to Mexico after a short working period in the United States. Although the employer's documentation (mentioned below) supports the visa application, it is still the responsibility of the domestic employee to demonstrate his/her intention of returning to Mexico.

Under these circumstances, the domestic employee will only be allowed to travel accompanying his/her employers. Furthermore, they are notified that if the visa is issued, the possibility exists that they will be required to pay taxes, federal and state, and that both the employer and the employee are required to pay (a brief explanation is given in the tax section below).

Individuals that wish to travel accompanied by their maids, nannies, chauffeurs, etc., will be able to do so if their employees comply with the following requirements:

1. Experience: They should have a minimum of twelve-month experience as domestic employees with their present employers.
2. Age: The minimum age is 18 years old.
3. Relationship: There cannot be any familial relationship between the employer and the employee.

The employers should apply for an appointment for a visa for their domestic employees, with the employee's passport in hand, by calling the telephone number mentioned above. The employee must appear in person at the Consulate to apply for their visa. Employers are not allowed to accompany the domestic employee into the Consulate for the interview.

The domestic employee should present:

1. The bank receipt for the EQUIVALENT IN PESOS for the processing fee.   See Nonimmigrant Visa Processing Fees for detailed information on the current rates.
2. His/her Mexican passport with a minimum validity of six months from the date of the appointment. (We recommend the passport have a minimum validity of about a year after the date of the telephone call to request the appointment.)
3. Fill out the visa application via Internet using the computer.

Additionally they should present the following documents: 

• Employers' valid passport and visas (if one or both of the employers is an American Citizen, proof of legal residence outside the United States is required)
• Proof of the employer's economic solvency (original bank statements, etc.) as evidence that they have sufficient money to enable them to travel with domestic help
• A letter signed by one of the employers identifying the domestic employee with his/her name, type of work done by the applicant, years of employment with him/her, salary, purpose of trip (to help family with the care of children, etc.) and indicating that they -the employers- will pay for his/her expenses.
• Employment contract (PDF 362K) dated and signed by both parties and prepared as follows:

1. Duration: The contract should be given for a year, with a clause indicating that it is valid only during the trip or trips that the domestic employee takes with the employers.
2. Salary: The employee will receive the prevailing salary of the locality where she/he will work as well as the benefits given to domestic employees, such as overtime payment, insurance, per diem, lodging, and meals. The contract should indicate the hours and the amount paid for overtime. The law in the United States requires employees to receive at least 150% of the normal salary for each hour worked in addition to the 40 hours per week. For example, overtime payment would be at least $10.88 USD per hour for an employee usually earning $7.25 USD per hour.
3. Resignation: The employer should notify the employee of termination of employment at least two weeks in advance of the date of the end of the contract. The employer cannot require more than a two-week notification from the employee.
4. One Employer Only: The domestic employee can only work for one household.
5. Transportation, Room and Meals: The employer will provide the employee with room and meals, as well as a round-trip plane ticket (if the group will be traveling by air). None of these expenses will be deducted from the employee's salary.
6. Signatures: The contract should be signed and dated by the employer and the employee.
7. Comprehension: The contract should be written in Spanish. The employee should understand the contents of the contract and should be able to answer simple questions regarding the conditions of employment.
8. History of making sure that the contract is respected: The Consular Officer is free to ask the employee of the conditions of employment and the salary received during previous trips to the United States, to verify if the employers and the employee usually have followed the conditions of the previous contracts and comply with the labor laws of the United States.

Taxes: It is likely that the employer and the employee will be required to pay taxes.

1. It is recommended that both the employer and the employee acquire publication number 926 of the Internal Revenue Service to obtain information on the respective responsibilities regarding taxes. It is required that the employee file a tax return if the salary originating in the United States is equal to or exceeds $1,400 U.S. in a calendar year.
2. If this amount is reached, the tax to be paid is equivalent to 15.3% of the salary, divided equally between the employer (7.65%) and the employee (7.65%). The part corresponding to the employer covers the cost of Social Security (6.2%) and the cost of Medicare (1.45%).
3. The employer should also investigate and comply with state tax requirements.