Some U.S. citizens and some nonimmigrants (that is, some people with temporary visas) can bring domestic workers to the United States on a limited-time basis. This article describes the process of how to get a visa and work permit for your domestic worker and how to renew these documents. First, check to see whether you and your domestic worker qualify by reading “How Visitors to the U.S. Can Bring Domestic or Personal Servants.”
This article does not address the related issue of sponsoring a domestic worker for a permanent resident visa (a green card). If you are interested in that, read “Can I Help My Nanny Get a Visa or Green Card?”
If you and your worker qualify, start by preparing the items that will be necessary for your domestic worker’s visa. The first important consideration is an employment contract.
This contract is between you (the employer) and your domestic worker (the employee). The contract must include job duties, work hours, compensation, and several other points required under immigration rules. The contract must explain—in detail—what your employee will do. It is not enough to say “nanny” or something similar.
The contract should also include the specific job duties; for example, will your employee need to take care of children? How many? Will your employee also cook or clean? In addition to the job duties, the contract must clearly set out work hours. This can’t just be “nine to five.” Instead, explain regular work hours and work days, special exceptions, hours and days off, holidays off, and vacation and sick-time rules.
Next, the contract needs to explain the compensation your employee will receive. Compensation includes your employee’s wage, room and board, travel expenses, and a few other promises. You must agree to pay your employee the highest of the prevailing wage (set by the U.S. Department of Labor) or the minimum wage (federal, state, or local) that applies where your employee will work.
You must also agree to provide free room and board to your employee. You are required to pay for your employee’s travel to the United States and the costs for your employee to return to his or her home country after the employment ends. Additionally, you have to promise to pay your employee for any time he or she is required be at your home (whether your employee is performing job duties or not). Moreover, you must promise to prevent your worker from needing public assistance.
In addition, the contract should include a few other points. You must promise to let your employee keep his or her passport. You should clearly note that your employee is free to leave your home when not working. The contract should indicate that you will give your employee at least two weeks' notice before terminating the job.
Conversely, you cannot require more than a two-week notice from your employee. This contract should be in both English and your employee’s native language, and both you and your employee must sign the contract.
After signing this contract, the next step is for your employee to get a visa. Your employee should start on the website for the U.S. embassy in his or her home country or country of residence. There, your employee can determine which consulate will issue the visa and also start the process.
There is an online application for a B-1 visa and an application fee (as of mid-2017, it is $160). Before completing the application, be sure to read and follow any special rules or procedures that the consulate has, as indicated on the consulate’s website.
After the application is complete, your employee will receive an appointment for an interview. You may or may not be able to go to the interview with your employee (different consulates have different rules). In either case, be sure that your employee understands the rules for a domestic worker visa and has gathered the required documents. Your employee should bring along the contract and the documents noted in the article “Can I Bring My Nanny or Another Domestic Worker to the United States for a Limited Period of Time?”
These documents include: proof of your employee’s work experience experience, proof that you have previously employed the employee or other people in a similar capacity, and proof of your own status as either a qualifying U.S. citizen (proof of citizenship and proof of temporary job assignment) or a qualifying nonimmigrant (copy of your nonimmigrant visa).
If the consulate is satisfied, it will give your employee a B-1 visa with which to enter the United States.
The visa is valid only for entering the United States, not for working there. Before your employee can begin working, he or she will need a work permit, formally called an “employment authorization document” (EAD).
You cannot apply for an EAD until your employee physically enters the United States. Your employee can apply for an EAD on Form I-765 with U.S. Citizenship and Immigration Services (USCIS). Your employee should indicate the employment category of “(c)(17)” on this form.
The I-765 form requires a fee, and your employee should include: a copy of her visa and I-94 document, two recent passport-sized photos, a copy of your I-94 or proof of citizenship, and the same documents given to the consulate.
Be sure to do this right away, because USCIS often takes at least 90 days to respond to a request for an EAD.
Your employee’s visa will probably be valid for up to ten years (if you are a qualifying U.S. citizen) or up to the length of your own visa (if you are a qualifying nonimmigrant). But the visa is only important when the employee crosses the border.
After that, your worker’s status (shown on the I-94 document) will say how long he or she can stay in the United States. This will probably be a period of one year when your employee enters for the first time, but be sure to check this on the I-94 document. Most I-94 documents are now available online only by visiting the I-94 website of U.S. Customs and Border Protection.
If you need your employee to stay longer in the United States, your employee can, before the permitted period of stay ends, request an extension of status on USCIS Form I-539. Submit this form to USCIS by mail.
Along with the I-539 form, your employee should submit a request to extend his or her work permit. To do that, submit a new Form I-765, using the same employment category of “(c)(17).”
USCIS can extend your employee’s status for up to six months at a time. Note that both the I-539 and the I-765 require fees. Your worker will also need to include all of the documents noted above for any extension requests. Be sure to file both of these documents at least three months before your employee’s status and work authorization end to avoid any gaps.