1. It is mandatory that employer and the employee
have signed a contract that must be presented at the time of the
visa interview, the contract of employment has to contain the
following items:
• The employer guarantees to pay the minimum United States
wage, or the prevailing wage that is set for the city that the
employee will be working at, whichever higher;
• The employer must guarantee free lodging to the employee;
• The employer will not take the expense of the trip to
the United States out of the employee’s wages, and has to
pay the cost of the ticket for the trip back to the employee’s
country of residency, when the employee has completed his/her
temporary work in the United States;.
• The employer will not hold the employees passport;
• The employer will allow the employee to use as many sick
and annual leave days as the law permits and will pay for the
over time hours worked by the employee;
• The employee will work exclusively for the employer during
his/her stay in the United States.
2. The employee must be physically present at
the visa interview, with the above mentioned contract and the
following items:
• Proof showing that the employer has been paying the Banco
de Previsión Social (BPS) for at least one year;
• Proof showing that you have a residence in your country
that you have no intention of abandoning;
• You should be able to prove that you have at least a year
of experience being a domestic or personal employee; and
• That you have worked as a domestic or personal employee
for the employer outside of the United States, for at least a
year before your employer was admitted into the United States;
or
3. On the other hand, if your relationship
as employee-employer began shortly before your visa application,
the employer can prove that he/she has regularly contracted domestic
or personal employees in the past.
Note 1: Permanent legal residents of the United States
are not authorized by law to take domestic or personal employees
to work for them in the United States.
Note 2: An American citizen can take personal or domestic
employees to the United States to work for them, if the American
employer resides outside of the United States, or is subject to
frequent international travel certified by the company’s
human resources office and is only returning to the United States
for a period not longer than 4 years.
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