B-1, A-3, and G-5 visas are designated for domestic employees accompanying their employers on temporary visits or assignments to the United States. These employees typically include service staff such as cooks, butlers, nannies, nurses, or personal attendants. The appropriate visa type is determined by the immigration status of their employer.
For those working with officials assigned to Diplomatic Missions, Consular Posts, or International Organizations in the U.S., specific information can be requested via email at ConsularQuito@state.gov.
Domestic employees must apply for different visas based on their employer's visa status:
- Employees of B, E, F, H, I, J, L, M, O, P, Q, or R visa holders should apply for a B-1 visa.
- Employees of A visa holders need an A-3 visa.
- Employees of G visa holders require a G-5 visa.
- U.S. citizens residing abroad temporarily traveling to the U.S. should also have their employees apply for a B-1 visa if they meet certain conditions.
Visa applicants must intend to stay in the U.S. temporarily and maintain a residence abroad. They should have worked for their employer outside the U.S. for at least one year (or six months if the employer is a U.S. citizen) or demonstrate prior employment as domestic staff abroad. Additionally, they need at least one year of experience as domestic workers.
A contract between the employee and employer must comply with U.S. law and be presented during both the visa interview and upon entry into the United States. This contract must be written in English and Spanish (or another language understood by the employee) and detail duties, work schedule, wages according to prevailing rates in the U.S., lodging provisions (not deducted from salary), travel expenses covered by the employer, non-retention of personal documents by employers under any circumstances, benefits typical for domestic workers in line with local labor practices in the U.S., and notice requirements before termination.
U.S. citizens residing primarily within the country or lawful permanent residents cannot bring domestic employees on a B-1 visa.
The validity of these visas is contingent upon that of the employer’s own visa; it cannot exceed this period unless otherwise determined by a consular officer when dealing with employers who are U.S. citizens.
Applicants need several documents including a valid passport and confirmation page of form DS-160 among others listed above.
It is important to note that having an employment contract compliant with regulations does not guarantee legal qualification for obtaining a B-1 visa despite completing necessary steps like fee payment or scheduling interviews.