Accompanying a Nonimmigrant Visa Holder
Personal or domestic servants including Butlers, Cooks, Chauffeurs, Housemaids, Parlor Maids, Valets, Footmen, Nannies, Au Pairs, Mothers, Helpers, Gardeners, and Paid Companions who are accompanying or following to join an employer who seeks admission into, or who is already in, the United States in B, E, F, H, I, J, L, M, O, P, Q, or R nonimmigrant status may be eligible for the B-1 visa classification provided:
- The employee has been employed outside the United States by the employer for at least one year prior to the date of the employer's admission to the United States, or if the employer-employee relationship existed immediately prior to the time of application, the employer can demonstrate that he has regularly employed (either year-round or seasonally) domestic help over a period of years preceding the time of application;
- The employee has at least one year's experience as a personal or domestic servant as attested to by statements from previous employers;
- The employee has a residence abroad which he or she has no intention of abandoning.
Accompanying an American Citizen
Personal or domestic servants who are accompanying or following to join their United States citizen employer in the United States may be eligible for the B-1 visa classification if their employer ordinarily resides outside the United States and is traveling to the United States temporarily, or the employer is subject to frequent international transfers lasting two years or more and who, as a condition of employment, is going to reside in the United States for a stay not to exceed four years. Note: It is not possible to qualify for a B-1 visa if the United States citizen will reside permanently in the United States, even if the individual concerned has previously been in the United States citizen's employ abroad http://www.dol.gov/. In addition,
- the employer-employee relationship must have existed for at least six months prior to the employer's admission to the United States or, alternatively, that the employer has regularly employed a domestic servant in the same capacity while abroad;
- the employee has had at least one year experiences as a personal or domestic servant by producing statements from previous employers attesting to such experience;
- the employer will be the only provider of employment, and will provide the employee free room and board and round trip airfare as indicated under the terms of the employment contract.
Additional Documents Required
- A english language contact signed and dated by both employer and employee that at a minimum must include the following:
- a guarantee that the employee will be compensated at the minimum or prevailing wage, whichever is greater;
- provided with free room and board;
- the employer will be the only provider of employment to the employee.
- In addition, if working for a U.S. citizen the contract must:
- reflect any other benefits normally required for U.S. domestic workers in the area of employment; and
- 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 intent to leave the employment
- Proof of National Insurance Payments
It is likely that the employer and the employee will be required to pay taxes.
- It is recommended that both the employer and the employee acquire publication number 926 of the Internal Revenue Service (PDF 1.14 MB) to obtain information on the respective responsibilities regarding taxes. It is required that the employee file a tax return if the salary originating in the United States is equal to or exceeds US$ 1,400 in a calendar year.
- If this amount is reached, the tax to be paid is equivalent to 15.3% of the salary, divided equally between the employer (7.65%) and the employee (7.65%). The part corresponding to the employer covers the cost of Social Security (6.2%) and the cost of Medicare (1.45%).
- The employer should also investigate and comply with state tax requirements.
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