Nonimmigrant Visas
Domestic Employee Visas – B1
Domestic employees applying for visas to accompany their employers to the U.S. are required to demonstrate strong ties to a residence outside the United States to which they will be compelled to return.
United States immigration law and federal regulations require that all nonimmigrant visa holders intending to bring personal employees to the United States provide the employee with a contact, signed by the employer and employee, ensuring all employee rights and privileges as guaranteed under the Fair Labor Standards Act (FLSA). The contract should be signed by the domestic employee and the employer stating clearly the salary that the domestic employee will receive while in the U.S. Please visit the Department of Labor’s Online Wage Library for details prevailing wage in the state the employee visits. If the employee does not understand English, the employer is also responsible for providing a certified translation of this contract in the employee’s native language (9 FAM 41.22 N4).
During the visa interview, employees will be expected to discuss their work history and their current terms of employment. Each applicant must present a signed, dated employment contract. Interviews are conducted individually, without the sponsoring employer, due to space limitations at the Consulate. Translators are available if necessary during the interview.
The sponsor must guarantee in writing that the domestic employee will receive the minimum wage per hour. The contract must also specify a provision for overtime (150% of normal wages) should the domestic employee work more than 40 hours a week. The employee must receive a compensation for all hours spent on the premises of the sponsor.
For additional information on contract requirements, please refer to our guide to LABOR CONTRACT INFORMATION AND EMPLOYER OBLIGATIONS.