The United States has outlined specific visa requirements for domestic employees accompanying their employers on temporary visits or assignments. These visas, categorized as B-1, A-3, and G-5, are designed for service staff such as cooks, butlers, nannies, nurses, or companions.
For domestic staff working with officials assigned to diplomatic missions or international organizations in the U.S., inquiries should be directed to ConsularQuito@state.gov for case-specific information.
Employees whose employers hold a visa B, E, F, H, I, J, L, M, O, P, Q, or R must apply for a B-1 visa. Those with employers holding an A visa should apply for an A-3 visa. Employees of those with a G visa need to apply for a G-5 visa. Additionally, American citizens residing abroad temporarily or regularly transferred internationally may bring domestic employees on a B-1 visa if they meet certain conditions.
Applicants must intend to stay in the U.S. briefly and maintain 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 American) or show that the employer has had domestic staff overseas previously. At least one year of experience as a domestic worker is required.
A contract between the employee and employer is mandatory and must comply with U.S. laws. It should be presented during the visa interview and upon entry into the U.S. The contract must detail job functions and work schedule in both English and Spanish (or another language understood by the employee). It must also specify wages according to prevailing rates in the U.S., accommodation provisions not deducted from salary, travel expenses covered by the employer, non-retention of personal documents by the employer under any circumstances, additional benefits typical in similar U.S.-based roles and notice periods before termination.
Domestic employees can travel with their employers or after them into the United States.
"Los ciudadanos norteamericanos que vivan principalmente en los Estados Unidos... no son elegibles para llevar a sus empleados domésticos con visa B-1."
Visa validity depends on that of the employer's; it cannot exceed it unless determined otherwise by a consular officer if the employer is American.
Applicants need several documents: a valid passport; DS-160 form confirmation; recent photograph; signed contract; copy of the employer’s nonimmigrant visa (unless applying simultaneously); or American passport copy with Ecuadorian residency proof.
Details about application processes are available through Visa Navigator services online.
It is important to note that fulfilling these requirements does not guarantee qualification for a B-1 visa.