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People who work as domestic employees or personal assistants can obtain a US visa to temporarily accompany their employers to the United States. This permit is usually processed under the B-1 classification for domestic employees, a special category within visitor visas.
According to the US Department of State, this visa is aimed at workers such as nannies, drivers, cooks, gardeners, caregivers, and domestic service personnel who travel with their employer or to reunite with them during a temporary stay in US territory.
Who can apply for this visa?
A domestic employee may be eligible for a B-1 visa if they accompany one of the following employers:
A foreign national who is traveling to or staying in the United States with specific nonimmigrant visa categories, such as B, E, F, H, I, J, L, M, O, P, or Q.
A US citizen who habitually resides abroad and is traveling temporarily to the United States or who, for work reasons, carries out frequent international assignments.
US authorities clarify that this option is not available when the US citizen is moving permanently to live in the United States.
Requirements for domestic workers
Among the conditions that the applicant must generally meet are:
Having residence outside the United States and demonstrating that they do not intend to abandon it.
Having previous experience as a domestic employee or personal assistant.
Having worked for the employer for the time required by immigration rules, depending on the type of employer.
Presenting evidence of the existing employment relationship.
The employment contract is mandatory
One of the most important requirements is to present an employment contract signed by both parties. According to the Department of State, this document must include terms of employment consistent with US legislation.
The contract must cover aspects such as:
Description of the worker's duties.
Salary equivalent to the minimum wage or the applicable prevailing wage, whichever is higher.
Working hours.
Rest days and vacations.
Payment of overtime when applicable.
Housing and food at no cost to the employee.
Payment of transport expenses established in the corresponding regulations.
Step-by-step guide to apply for the visa
1. Fill out the DS-160 Form
The interested party must complete the online application for the DS-160 nonimmigrant visa and keep the confirmation page with the barcode.
2. Pay the corresponding fee
After completing the application, the visa processing fee must be paid according to the instructions of the US consulate or embassy where the process will be carried out.
3. Schedule the interview
Most applicants must attend a consular interview so that an officer can determine if they meet the eligibility requirements.
4. Gather documentation
Commonly requested documents include:
- Pasaporte vigente.
- Confirmación del Formulario DS-160.
- Contrato de trabajo firmado.
- Evidencia de la capacidad económica del empleador para pagar el salario.
- Copia de la visa o pasaporte del empleador, según corresponda.
- Pruebas de experiencia laboral y de la relación de empleo existente.
5. Attend the interview
During the interview, the consular officer will evaluate the documentation presented, the employment bond, and the temporary intent of the trip. Final approval depends on the individual review of each case.
Does the visa guarantee entry into the United States?
No. USCIS and the Department of State remind travelers that a valid visa allows them to travel to a US port of entry, but the final decision on admission rests with the officers of Customs and Border Protection (CBP) upon arrival in the country.
In summary, the B-1 visa for domestic personnel allows employees such as nannies, drivers, caregivers, or assistants to temporarily accompany their employers in the United States. To obtain it, it is essential to demonstrate a legitimate employment relationship, comply with immigration requirements, and present an employment contract that respects US labor laws.
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