Nonimmigrant Visas

Domestic Helpers

Under certain limited circumstances, a B-1 visa may be issued to a domestic helper accompanying or following to join the employer on a temporary visit to the United States. Please read these procedures carefully before deciding whether to apply. The application fee is non-refundable.

In our experience, we have found that many domestic helpers in Hong Kong do not qualify for nonimmigrant visas. The decision to grant a visa is based on the domestic helper's situation in Hong Kong. The applicant must demonstrate that he/she has sufficiently strong family, social, or economic ties to their place of residence to ensure that their projected stay in the United States will be temporary.

Requirements:

1. Follow the procedures for applying for a non-immigrant visa. For information on the procedures, click here.
    
2. Please bring your current Hong Kong employment contract.
    
3. Bring a copy of your employer's visa or other method they will use to enter the United States (copy of their Visa Waiver country passport or U.S. passport).
    
4. Bring two signed copies of a U.S. employment contract that contains the following elements (one copy will be returned to successful applicants and must be presented at the U.S. port of entry):
    
   • The employer will be the only provider of employment for the employee.
      
   • The employer will provide free room and board and round-trip airfare.
      
   • The employee will receive the prevailing wage for an eight hour day as well as any other benefits normally required for U.S. domestic workers in the area of employment. The contract must specify the exact wage rate to be paid to the employee. Further information on prevailing wages is available below.
      
   • The employer will give at least two weeks notice of intent to terminate employment and the employee will give not more than two weeks notice of intent to leave employment.
      
   • Overtime pay (time and a half) is calculated for work hours exceeding eight in a day or 40 in a week.
      
5. Bring any documentation that demonstrates proof of a residence abroad that the employee has no intention of abandoning. Be prepared to answer questions about your situation in Hong Kong.

IF THE EMPLOYER IS A U.S. CITIZEN RETURNING PERMANENTLY TO THE U.S.

Please note that U.S. citizens moving back permanently to the United States from overseas cannot bring their domestic helpers to the U.S. on a B-1 visa under any circumstances.

IF THE EMPLOYER IS A U.S. LEGAL PERMANENT RESIDENT

Please note that Legal Permanent Residents of the U.S. (Green Card Holders) cannot bring their domestic helpers to the U.S. on a B-1 visa under any circumstances.

IF THE EMPLOYER IS TEMPORARILY RELOCATING TO THE U.S.

Please provide a letter from the head office of the employer's company (personnel/human resources division) stating:

• the length of time the employer has worked in Hong Kong
   
• that the employer is subject to frequent international transfers lasting two years or more as a condition of employment
   
• that the employer will assume another overseas position at the termination of the U.S. assignment; and
   
• that the employer will be in the U.S. no longer than four years
   

PLEASE NOTE: A domestic helper holding a B1 visa must accompany or follow to join his or her employer, not the employer's children or other family members.

 

IMPORTANT INFORMATION FOR DOMESTIC HELPERS WORKING IN THE UNITED STATES

Domestic helpers working in the United States are subject to and protected by U.S. law. U.S. law requires that all domestic helpers have a contract with their employer that conforms to U.S. labor regulations. These contracts create important legal obligations for employee and employer, to include:

• payment for time the employee is required to remain on premises after hours,
• the employee's retention of his/her passport, and
• the employee's right to leave the premises when not on duty.

The Department of State considers prevailing wage statistics to reflect a fair living wage for domestics and personal employees. U.S. consular officers rely upon these figures when determining whether employment contract provisions satisfy applicable prevailing wage requirements for applicants of B-1 visas for domestics. The Department of Labor maintains an Alien Labor Certification/Occupational Employment Survey (ALC-OES) database that breaks down prevailing wage statistics by occupation and metropolitan area. This information is available on the web at www.flcdatacenter.com. This website lists the prevailing wages for various occupations classifications and skill levels in different parts of the United States. The chart below shows the wage ranges for various common destinations in the United States for different occupation classifications. Employers should be sure to consult the website in order to determine the correct skill level and wage classification of their domestic helper.

	Child Care Workers	Home Health Aides	Maids and Housekeeping Cleaners	Personal and Home Care Aides	Taxi Drivers and Chauffeurs
Anaheim (Disneyland)	$7.84-$12.26	$8.06-$11.31	$7.60-$9.44	$8.03-$11.89	$8.08-$11.33
Boston	$9.39-$12.24	$11.65-$13.95	$8.47-$11.22	$9.25-$11.48	$9.99-$13.06
Chicago	$7.45 -$10.97	$8.10-$11.69	$7.40-$10.00	$7.49-$9.66	$7.75-$16.02
Honolulu	$7.25-$8.97	$9.16-$13.29	$9.84-$13.43	$7.13-$9.92	$7.25-$11.30
Las Vegas	$6.18-$8.63	$8.87-$11.10	$8.59-$12.86	$8.01-$10.85	$9.27-$14.26
Los Angeles	$7.84-$12.93	$7.94-$11.84	$7.82-$10.53	$7.99-$10.42	$8.18-$13.73
Miami	$6.99-$8.95	$7.17-$9.39	$6.85-$8.92	$7.65-$9.79	$7.55-$9.51
New York City	$8.30-$12.81	$7.64-$10.70	$7.99-$14.98	$8.51-$10.47	$9.51-$16.87
Orlando (Walt Disney World)	$7.14-$9.18	$8.01-$11.03	$7.37-$9.39	$6.67-$7.72	$6.94-$11.18
San Francisco	$7.84-$12.26	$8.06-$11.31	$7.60-$9.44	$8.03-$11.89	$8.08-$11.33
Seattle	$8.28-$10.80	$9.53-$12.27	$8.48-$11.65	$9.72-$10.90	$9.10-$15.38
Washington DC	$7.13-$10.93	$8.19-$10.98	$7.83-$11.77	$7.47-$10.87	$8.52-$14.20

The U.S. government considers "involuntary servitude" of domestic workers, as defined under the Trafficking Victims Protection Act (TVPA), to be a severe form of trafficking in persons (TIP) and a serious criminal offense; victims of involuntary servitude are offered protection under the TVPA. According to the TVPA "the term 'involuntary servitude' includes a condition of servitude induced by means of (A) any scheme, plan, or pattern intended to cause a person to believe that, if the person did not enter into or continue in such condition, that person or another person would suffer serious harm or physical restraints; or (B) the abuse or threatened abuse of the legal process."

The telephone number for police and emergency services in the United States is 911, and the Department of Health and Human Services maintains a telephone hotline for reporting abuse of domestic employees and other TIP-related crimes, 1-888-3737-888.

 

OTHER USEFUL WEBSITES
See also: Employment Taxes for Household Employees (by Internal Revenue Service)
See also: Minimum wage Laws in the States (by U.S. Dept. of Labor)
See also: Wages by area and occupation (by Bureau of Labor Statics - U.S. Dept. of Labor)

 

Additional Information

• Visiting the United States for Business or Pleasure (B1/B2)

 

---

Last modified: August 9, 2007