Do you know the B1 visa for personal employee or domestic worker? It is time for you to get to know it!

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By Laura Góes and Louanni Cesário

The B Visas are nonimmigrant visitor visas for persons who want to enter the United States temporarily for business (B-1), for pleasure (B-2), or a combination of both purposes (B-1/B-2).

The Temporary Visitor for Business, B-1, covers a diverse range of business activities such as a person participating in educational or professional conventions, members of Board of Directors of U.S. Corporations, yacht crewman, and many other categories.

One of the main B-1 Visas’ eligible business activity people might know about relates to personal employees or domestic workers, which includes, but are not limited to, cooks, nannies, gardeners, drivers, housekeepers & elderly caregivers.

How do i know if someone is eligible for the b-1 visa for personal employee or domestic worker?

Aliens employed in a personal capacity by a particular individual as personal employees or domestic worker may be classified as B-1 visitors if their employer is a U.S. citizen permanently residing abroad or an alien with a nonimmigrant status, such as B, E, F, H, I, J, L, M O, P or Q.

What are the requirements for a personal employee or domestic worker of a foreign national with nonimmigrant status?

There are 4 different requirements which must be met:

  1. The employee must have a residence abroad, which he or she has no intention of abandoning;
  2. The employee can demonstrate at least one year’s experience as a personal employee/domestic worker;
  3. The employee must have been employed abroad for at least 1 year prior to the date of the employer’s admission to the U.S. or the employer can demonstrate he or she has regularly employed personal employees/domestic workers;
  4. There must be an employment contract, in both languages, including certain provisions established in the Department of State’s Foreign Affairs Manual.

How to apply?

It’s fast and easy to apply for a non-immigrant visa. The U.S. Government issues them from the Embassy in Brasilia, and the Consulates in Recife, Rio de Janeiro, São Paulo, and Porto Alegre.

  • FIRST STEP: DS-160 – online nonimmigrant visa application

The first step is to complete and submit the DS-160 online application form.

  • SECOND STEP: Pay fee and schedule appointment at CASV and the interview

The second step is to pay the fee for the application (US$160) and schedule online the appointment at CASV and the interview at the Consulate or Embassy.

  • THIRD STEP: Gather documentation

The third step is to gather all the documentation needed for the Consular Interview, which includes the employment contract, affidavits from the employee and the employer, employee’s resume and others.

  • FOURTH STEP: Go to CASV’s appointment and consular interview

The B1 Visa Process for Personal Employee/Domestic Worker is really simple!

  • FIFTH STEP: Apply for the employment authorization document

After entering the U.S., the employee must apply for the Employment Authorization Document through the form I-765. Only AFTER getting the EAD that the employee can start working.

  • SIXTH STEP: Get the social security card

After getting the EAD, the employee may apply for the Social Security Card.

  • SEVENTH STEP: File for extension of status & renewal of EAD

Personal or domestic servants will be permitted no more than one year’s stay at the beginning. The initial work permit will last only as long as the initial permitted B-1 stay. So you’ll need to plan ahead for renewing both your employees’ status in the U.S. and their work permits.

For more information regarding the B-1 Visa for Personal Employee or Domestic Worker application, please contact info@drummondadvisors.com.