EMBASSY OF THE UNITED STATES OF AMERICA
Requirements for personal or domestic employees accompanying families with non- immigrant visas
(For example: B, E, F, H, I, J, L, M, O, P, Q)

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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