Embassy of the United States

PERSONAL / DOMESTIC EMPLOYEES (B1, A3, G5)

How to Apply - Required Documentation for B-1, A-3, G-5, and NATO-7 Visas for Personal/Domestic Employees:

1. The DS-160 application, which is available at https://ceac.state.gov/GENNIV/

2. A passport valid for travel to the United States and with a validity date at least six months beyond the applicant's initial entry into the United States (unless country-specific agreements provide exemptions).

3. One photograph - 5 cm x 5 cm taken against a white background. For Online Application DS-160, you will upload either a scanned or digital photograph meeting the format requirements explained in the Photo Standards Guide for the Online Application DS-160.

4. Employment Contract signed by both the employer and the employee which must include EACH of the following items:

1. The contract must be in English and also in a language understood by the employee to ensure the employee understands his or her duties and rights regarding salary and working conditions;

2. The contract must state the hourly wage to be paid the domestic employee. The rate must be the greater of the minimum wage under U.S. federal and state law or the prevailing wage for all working hours. Any money deducted for food or lodging is limited to that which is considered reasonable and must be documented. (Note: Fair prevailing wage is determined by the consular officer using the Department of Labor Alien Labor Certificate/Occupational Employment Survey prevailing wage statistics by occupation and metropolitan area.) The contract must state that wages will be paid to the domestic employee either weekly or biweekly;

• The Department has determined that housing provided to such workers is for the benefit of the employer and thus advises that it is not permissible to withhold from wages any amount for lodging. In addition, the Department has determined that it would reasonable for employers of A-3 or G-5 visa holders to withhold from the wages of domestic workers no more than twenty percent of wages for a minimum of three daily meals.
• Further the Department does not allow deductions from wages for any other expenses, such as the provision of medical care, medical insurance or travel. This guidance is effective immediately. The Department therefore suggests that mission personnel be advised that if they have entered into contracts and/or payment practices with regard to domestic workers that provide deductions from wages more extensive than set forth above, such contracts and/or practices should be amended, accordingly.

3. A statement by the employee, promising not to accept any other employment while working for the employer;

4. A statement by the employer, promising to not withhold the passport of the employee;

5. A statement indicating that both parties understand that the employee cannot be required to remain on the premises after working hours without compensation;

6. The employer must pay the domestic employee's initial travel expenses to the United States and subsequently to the employer's onward assignment, or to the employee's country of normal residence at the termination of the assignment.

7. The contract must describe the work to be performed, e.g., housekeeping, gardening, child care;

8. The contract must state the time of the normal working hours and the number of hours per week. It is generally expected that domestic workers will be required to work 35-40 hours per week. It must also state that the domestic employee will be provided a minimum of one full day off each week. The contract must indicate whether the domestic employee will be provided paid holidays, sick days and vacation days;

9. The contract must state that any hours worked in excess of the normal number of hours worked per week are considered overtime hours, and that hours in which the employee is "on call" count as work hours. It must also state that such work must be paid as required by U.S. local laws.

10. The contract must state that after the first 90 days of employment, all wage payments must be made by check or by electronic transfer to the domestic worker's bank account. Employers and their family members should not have access to domestic worker bank accounts; and

11. The contract must state that the employer agrees to abide by all federal, state and local laws in the United States. In addition, the contract must state that a copy of the contract and other personal property of the domestic employee will not be withheld by the diplomatic or consular employer for any reason.

Items not Required but Recommended to be Included in the Contract

• The contract should include a statement that the domestic worker's presence in the employer's residence will not be required except during working hours. The contract may include other agreed-upon terms of employment, if any, provided they are fully consistent with all U.S. federal, state and local laws. Any modification to the contract must be in writing.

IMPORTANT NOTICE TO EMPLOYERS

To avoid possible misunderstanding, all mission members employing domestic workers must maintain for the duration of actual employment plus three years, a copy of the contract and proof of wage payments, e.g., cancelled checks or electronic funds transfers (signed receipts for cash payments after the first 90 days are not permissible); and a record of daily and weekly hours worked, including any overtime, and a record of any deductions made.

Important Notices - for Employers and Personal/Domestic Employees - Personal employees are advised to keep their passport and a copy of their contract in their possession. They should not surrender their contract and passport to their employer under any circumstances. Personal/domestic employees are advised that they will be subject to U.S. law while in the United States, and that their contracts provide working arrangements that the employer is expected to respect.

The U.S. Government considers "involuntary servitude" of domestic employees, as defined under the Trafficking Victims Protection Act (TVPA), to be a severe form of trafficking in persons (TIP) and a serious criminal offense. Victims of involuntary servitude are offered protection under the TVPA. "The term 'involuntary servitude' includes a condition of servitude induced by means of any scheme, plan, or pattern intended to cause a person to believe that, if the person did not enter into or continue in such condition, that person or another person would suffer serious harm or physical restraints, or the abuse or threatened abuse of the legal process." While in the U.S., domestic employees are advised that the telephone number for police and emergency services is 911, and that the U.S. Government maintains a telephone hotline for reporting abuse of domestic employees and other TIP-related crimes, 1-888-373-7888.

For more information about your rights as a personal employee, please visit: http://www.travel.state.gov/pdf/Pamphlet-Order.pdf

Personal/Domestic Employee of Foreign Nationals Traveling to the U.S.

Foreign Nationals holding B, E, F, H, I, J, L, M, O, P, or Q non-immigrant status may sponsor their personal or domestic employee's application for a B-1 visa to accompany them to the United States for a brief visit.  The employer must demonstrate that he or she will have sufficient funds to provide a fair wage and working conditions, as reflected in the contract.  Foreign Nationals holding A, G, or NATO visas may also sponsor their employee's applications for A-3, G-5, and NATO-7 visas.  A-3, G-5, and NATO-7 visas are valid for one year and may be renewed.  Specific requirements for A-3, G-5, and NATO-7 visas are discussed in detail below. 

All categories (A-3, B-1, G-5, and NATO-7) of personal or domestic employee applying for a U.S. visa to accompany or join his/her employer to the United States must:

• Present all documents noted under our general nonimmigrant visa application instructions.
• Have been employed outside the United States by the employer as a personal or domestic employee for at least one year prior to the date of travel to the United States.
• Have a residence abroad which he or she has no intention of abandoning.
• Demonstrate at least one year experience as a personal or domestic employee by producing statements from previous employers attesting to such experience.
• Provide a contract signed by the domestic employee and the employer stating clearly the salary that the domestic employee will receive while in the United States. Please visit the Department of Labor's Online Wage Library for details on prevailing wages in the state you will visit. The contract must also state that the employee will receive free room and board from the employer, that the employer will bear responsibility for the cost of the employee's travel to and from the United States, and that the employee will not work for anyone besides the employer while in the United States.

Personal Employees of Government Officials (A-3)

Personal or domestic employees of individuals who hold a valid A-1 or A-2 visa may be issued an A-3 visa, if they meet the requirements in 9 FAM 41.22 N4. As part of the application process, an interview at the embassy or consulate is required. Proof that the applicant will receive a fair wage, sufficient to financially support himself, comparable to that being offered in the area of employment in the U.S. is required. In addition, the applicant needs to demonstrate that he/she will perform the contracted employment duties. If the application is for a renewal of an A-3 visa, the applicant should be able to present proof that they received the appropriate wages while in the United States.  This can be done by showing deposits into a bank account in their name or receipts of remittances sent out (via Moneygram, or Western Union, etc.) of the U.S. by the employee.  The consular officer will determine eligibility for the A-3 visa. Applicants for A-3 visas must apply outside the United States.

If the employer does not carry the diplomatic rank of Minister or higher or hold a position equivalent to Minister or higher, the employer must demonstrate that he or she will have sufficient funds to provide a fair wage and working conditions, as reflected in the contract. Consideration is also given to the number of employees an employer would reasonably be able to pay. The employer's foreign mission must submit a Pre-Notification of a Domestic Worker form to the State Department Office of Protocol prior to the issuance of the visa.  

Note: In addition to all the documents listed below in the "How to Apply - Required Documentation" Section, A-3 visas require the submission of a diplomatic note to confirm the official status of the employee.

Personal Employees of G and NATO visa holders (G-5 and NATO-7)

Personal or domestic employees of individuals who hold a valid G-1 through G-4, or NATO-1 through NATO-6 visa, may be issued a G-5 or a NATO-7 visa, if they meet the requirements. As part of the application process, an interview at the embassy or consulate is required. Proof that the applicant will receive a fair wage, sufficient to financially support himself/herself, comparable to that being offered in the area of employment in the U.S. is required. In addition, the applicant needs to demonstrate that he/she will perform the contracted employment duties. If the application is for a renewal of a G5 or NATO-7 visa, the applicant should be able to present proof that they received the appropriate wages while in the United States.  This can be done by showing deposits into a bank account in their name or receipts of remittances sent out (via Moneygram, or Western Union, etc.) of the U.S. by the employee.  The consular officer will determine eligibility for the G-5 or NATO-7 visa. Applicants for G-5 and NATO-7 visas must apply outside the United States.

The employer must demonstrate that he or she will have sufficient funds to provide a fair wage and working conditions, as reflected in the contract.  Consideration is also given to the number of employees an employer would reasonably be able to pay. The employer's sponsoring entity (i.e., the Permanent Mission to the U.N., the International Monetary Fund, etc.) must submit a Pre-Notification of a Domestic Worker form to the State Department Office of Protocol prior to the issuance of the visa.