Personal Employees/Domestic Employees (including au-pairs) of U.S. Citizens on Temporary Assignment in United States or U.S. Citizens Who Normally Reside Abroad
Personal employees or domestic workers may accompany or follow to join a U.S. citizen employer who is traveling to the U.S. temporarily, provided the U.S. citizen employer has a permanent home or is routinely stationed in a foreign country. The U.S. citizen employer must be subject to frequent international transfers lasting two years or more as a condition of the job as confirmed by the employer’s personnel office and is returning to the United States for a stay of no more than six years and the following requirements are met:
(1) The employee has a residence abroad which he or she has no intention of abandoning;
(2) The alien has been employed abroad by the employer as a personal employee or domestic worker for at least six months prior to the date of the employer’s admission to the United States; or the employer can show that while abroad the employer has regularly employed a domestic worker in the same capacity as that intended for the applicant;
(3) The employee can demonstrate at least one year experience as a personal employee or domestic worker by producing statements from previous employers attesting to such experience; and
(4) The employee is in possession of an original contract or a copy of the contract, to be presented at the port of entry. The employment contract must be signed and dated by the employer and employee and must include the following provisions:
- The employer will be the only provider of employment to the domestic employee;
- The employer will provide the employee free room and board and a round trip airfare;
- The employee will receive the greater of the minimum wage under U.S. federal, state, or local law for an eight hour work-day (Further information is available from the Department of Labor’s website at www.dol.gov),
- The employer will give at least two weeks’ notice of his or her intent to terminate the employment, and the employee need not give more than two weeks’ notice of his or her intent to leave the employment; and
- The employment contract must also reflect any other benefits normally required for U.S. domestic workers in the area of employment.
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.
For further information to help you prepare for your appointment and help you find your way to the Embassy in London, please see our appointment guide (PDF 274 KB). This includes additional information about what you can bring to your appointment. Please note, laptops or large bags (above cabin-baggage size) cannot be admitted into the building and there is no storage facility at the Embassy for these items. |