This type of visa is under the B-1, business visa classification.
Three categories are permitted under the personal or domestic employee visa. If you are an lawful permanent resident (LPR) or a green card holder, you are not eligible for this B-1 Domestic Employee visa. You cannot qualify for this visa classification if the United States citizen will reside permanently in the United States, even if you have previously been employed by the U.S. citizen abroad.
These are the three categories permitted:
- Domestic employee of a U.S. citizen who resides abroad. A U.S. citizen visiting the United States temporarily as they have a permanent home outside of the United States.
- Domestic employee of a U.S. citizen who is on temporary assignment to the United States. This is a U.S. citizen who has frequent international transfers lasting two years or more as a job condition and must return to the U.S. for no longer than six months.
- Domestic employee of non-immigrant visa holders.
The employer must have either a business or a tourist visa classification in the following categories to qualify:
B, E, F, H-3, H-2, H-1, I, L, M, O, P, or Q visas.
Many types of domestic employee are included within this personal/domestic employee visa:
Au pairs, babysitters, cooks, butlers, chauffeurs, housemaids, valets, footmen, nannies, helpers, gardeners, paid companions but not limited.
The wage received by the personal or domestic employee must be the prevailing wage. It must be either the prevailing wage or the minimum wage, whichever is greater.
One of the main requirements for this category is that the U.S. citizen has a permanent home in a foreign country, that is, a country outside of the United States, This employee must reside in the foreign country and have no intention of abandoning their residence abroad; 214(b) does apply.
The employee must also be in possession of a contract, and the contract must be signed and dated between the employer and the employee, and it has to include certain provisions that my office can assist you with.
The employee must also be able to demonstrate that they have at least one year of experience as a personal employee or domestic worker. There are some other requirements involved, but this is a good visa if you qualify and you wish to enter the United States temporarily, either to follow or join your employer inside the United States temporarily.
