Personal Employees/Domestic Workers of Foreign Nationals in Nonimmigrant Status
A personal employee or domestic worker who accompanies or follows to join an employer who is seeking admission into, or is already in, the United States in B, E, F, H, I, J, L, M, O, P, or Q nonimmigrant status, must meet the following requirements:
(1) The employee has a residence abroad which he or she has no intention of abandoning (notwithstanding the fact that the employer may be in a nonimmigrant status which does not require such a showing);
(2) The employee can demonstrate at least one year’s experience as a personal employee or domestic worker;
(3) The employee has been employed abroad by the employer as a personal employee or domestic worker for at least one year prior to the date of the employer’s admission to the United States or if the employee-employer relationship existed immediately prior to the time of visa application, the employer can demonstrate that he or she has regularly employed (either year-round or seasonally) personal employees or domestic worker’s over a period of several years preceding the domestic employee’s visa application for a nonimmigrant B-1 visa;
(4) The applicant must have an employment contract that has been signed and dated by the employer and employee, and the contract must include the following provisions:
- The employee will receive the greater of the minimum wage under U.S. federal, state, or local law (Further information is available from the Department of Labor’s website at www.dol.gov),
- The employee will receive free room and board;
- The employer will be the only provider of employment to the employee; and
- The employer must pay the domestic’s initial travel expenses to the United States, and subsequently to the employer’s onward assignment, or to the employee’s country of normal residence at the termination of the assignment.
In addition, you are required to furnish the following forms and documents in support of your visa application:
- Confirmation page of the application form DS-160;
- Appointment confirmation page (if relevant);
- A passport or other travel document: Your passport or travel document must contain multiple pages. U.S. visas are printed into a passport or travel document, not as a separate document or card, which means that one blank page is required for a visa to be printed. In addition, U.S. Customs and Border Protection (CBP) recommend that at least one more blank page is available for your passport to be stamped if you are admitted to the United States. For certain nationalities, the passport or other travel document must be valid for at least six months beyond the proposed stay in the United States. The six-month requirement does not apply to United Kingdom passports. If you will be applying for a visa using a passport of a different nationality, please click here to find out if the validity requirement applies. If your passport is damaged, we recommend that you obtain a new passport before applying for the visa to avoid any delay in the processing of your application;
- One 5 x 5 cm (2” by 2”) color photograph taken within the last six months: If you have successfully uploaded a photograph to the DS-160, you are not required to submit an additional photograph with your application. If there are any issues with the uploaded photograph, however, you will be required to provide a new one which may delay the processing of your application;
- Evidence of your status in the United Kingdom, if you are not a U.K or EU passport holder;
- Evidence of previously issued U.S. visas: If you are no longer in possession of the passport(s) containing the visas, you may advise the consular officer at the time of your interview or if applying by courier, include a statement with your application;
- If you have ever been arrested, cautioned, convicted you are required to declare it, even if it is considered spent and furnish a police certificate known as an ACRO. The Rehabilitation of Offenders Act does not apply to U.S. visa law. Click here for further information;
- If you have a medical condition that could have a bearing on your eligibility for a visa, furnish a letter from your physician which discusses your current state of health. Click here for further information;
- If you have been denied entry into or deported, or removed from the United States furnish documents relating to this. Click here for further information and
- Note: The decision to approve or deny your application will be based on the interview and information provided orally. However, the consular officer may ask for documentary evidence of the following:
- Funds sufficient to cover all expenses while in the United States;
- A residence abroad to which you intend to return.
To help you further prepare for your appointment and find your way to the U.S. Embassy in London, please also see our appointment guide (PDF 249 KB).