News

The Domestic Employee Visa

Wednesday, March 17, 2010

Q: I am a domestic employee and I do not have a visa. My employer will be travelling to the United States in May and wants me to join her so that I can help take care of the children while she is on vacation. I also look forward to seeing the United States, which is something I have always wanted to do. Can you please explain the domestic employee visa? What will I need to bring with me to my interview in order to be issued such a visa?

A: An applicant who is employed as a domestic employee and needs to travel to the United States with his/her employer as part of the applicant's job must apply for a Visitor's Visa for Business (B-1). This visa permits the domestic employee to continue to work for the employer while the employer is temporarily visiting the United States.

Meeting the requirements of the domestic employee visa is solely the responsibility of the employee. An employer does not apply for the visa for their domestic employee, nor does the employer attend the employee's visa interview.

Who can take a domestic employee to the US

The employer can be either a US citizen or a non-US citizen. However, if the employer is a US citizen, this type of visa cannot be issued to a domestic employee whose employer intends to reside permanently in the United States. If the employer is not a US citizen, then he/she must also have a valid visa to enter the United States, or be eligible to enter the United States under the Visa Waiver Programme. Most importantly, the domestic employee visa does not permit the employee to travel to the United States without their employer.

Documents are needed for the employee visa interview

In addition to the regular visa application package (valid passport, printed application or electronic application form DS-160 confirmation page, receipt showing payment of visa application fee, photographs), the domestic employee must bring certain additional documentation to their visa interview. These include:

* A travel document from the employer showing that the employer has permission to visit the United States;

* Current bank statement(s) in the employer's name that demonstrate the employer's ability to pay the domestic employee; and

* A valid employment contract stating the work to be performed in the US and the wage to be paid. The contract also has to contain specific information, which is discussed in more detail below.

During the interview, the officer will ask about the proposed travel itinerary, details of the employment contract, and the applicant's employment situation. This can include questions about where the employee will stay or visit, normal salary and expenses, and how long the employee has worked for the current employer. It is most important to keep in mind that a domestic visa permits the employee to enter the United States only when accompanied by the employer; anyone wishing to travel alone to the United States for pleasure should apply for a B1/B2 Visitor's Visa.

Employee's rights while working in the United States

Under US law, domestic employees have the right to be treated and paid fairly and to not be held in a job against their will. To this end, any valid employment contract must meet certain requirements, and a visa cannot be issued if the following provisions are not included in the contract:

* An agreement by the employer not to keep the employee's passport, employment contract, or other personal property from the employee;

* An agreement by the employer to abide by all laws of the United States;

* A description of the employee's work duties and weekly hours to be worked; and

* An explanation of how much the employee will be paid for her/his work. (It should be noted that all domestic employees in the United States are entitled to earn the minimum or prevailing wage required by the city or state in which they will be working. If the employee does not have it beforehand, the consular officer can provide the employee this information at the visa interview, based on the stated destination.)

When the employee visits the embassy for the visa interview, a consular officer will confirm that the work contract complies with US law. If it does not, the employee and the employer will be required to sign a new contract that meets all the above requirements. If, once the employee has arrived in the US, the employer does not abide by the terms of the contract, the employee can seek help by calling 911, the National Human Trafficking Resource Centre at 1-888-373-7888, or the Trafficking in Persons and Worker Exploitation Task Force Complaint Line at 1-888-428-7581. These offices can help refer employees to a local organisation that helps victims of human trafficking in the area where the person is located.

Limitations on the domestic visa

The B1 domestic visa is a special visa designed for employees to be able to travel to the United States with, and work for, their employers. It is intended for the employee to accompany the employer on short trips for temporary stays in the United States. If a consular officer determines that a person qualifies for the B1 domestic visa, he or she will be issued a limited validity visa that will be annotated to show that the employee is permitted to travel only with the employer.

The visa's validity will be set by the consular officer, and will most likely match the term of the current work contract with the employer.

It is worth repeating that this visa is designed for travel only with the employer, so if a person wishes to travel alone for vacation, a separate application for a B1/B2 visa should be made. As with all other applicants, the ultimate decision to issue a visa is based on a consular officer's level of confidence that the applicant will abide by the terms of the visa and use it for the purposes intended.

New paperless application form DS-160

Beginning Wednesday, March 24, the US Embassy will begin using a new electronic application form, the paperless DS-160, which will be required for all nonimmigrant visa interviews. Until that date, the consular section will continue to accept printed application forms. Information on how to apply for a visa, including information about the new DS-160 form, can be found on the embassy's website at www.kingston.usembassy.gov.

The American Embassy staff in Kingston will answer any questions you may have regarding US consular law, regulations and/or practice. In order to respect the privacy of applicants, the embassy will not answer questions on specific personal applications.

Send your questions to: editorial@jamaicaobserver.com and we will send them to the embassy.

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