Domestic Employees

Domestic employees who are accompanying or following to join an employer in the United States need B-1 visas. Those accompanying or following to join an employer who is a foreign diplomat or official need A-3 or G-5 visas, depending on the visa status of their employer. The domestic employee category includes, but is not limited to, cooks, butlers, chauffeurs, housemaids, valets, nannies, gardeners, and paid companions. Domestic employee visas are intended for short trips and temporary assignments only. If you plan to relocate permanently to the United States, you will require a different type of visa.

Requirements for B-1, A-3 and G-5 visas vary based on the status of the employer. Please apply for the visa classification that best fits your situation:

• Employer is a nonimmigrant visa holder
• Employer is a United States citizen
• Employer is assigned to an international organization or bilateral mission and is an A or G visa holder

U.S. citizens living permanently in the United States and legal permanent residents (i.e. “green card” holders) are not eligible to take their domestic employees to the United States on B-1 visas. A domestic employee in that situation generally requires an immigrant visa.

For a more complete explanation of these and other permissible B-1, A-3 and G-5 activities, please see 9 FAM 41.31 (PDF 234 KB) for B-1, 9 FAM 41.21 (PDF 143 KB) for A-3, and 9 FAM 41.22 (PDF 159 KB) for G-5.

Accompanying a Nonimmigrant Visa Holder (B-1)

Domestic employees who are accompanying or following to join an employer who seeks admission to, or who is already in the United States in B, E, F, H, I, J, L, M, O, P, Q, or R nonimmigrant status may be eligible for the B-1 visa classification provided:

• The employee has been employed outside the United States by the employer for at least one year prior to the employer’s admission to the United States, or the employer must demonstrate that he or she has regularly employed domestic help for several years preceding the time of the application; and
• The employee has at least one year’s experience as a personal or domestic employee as attested to by statements from previous employers.

Accompanying a U.S. Citizen (B-1)

Domestic employees who are accompanying or following to join their U.S. citizen employer may be eligible for a B-1 visa if their employer ordinarily resides outside the United States and is traveling to the United States temporarily, or the employer is subject to frequent international transfers lasting two years or more and who, as a condition of employment, is going to reside in the United States for a stay not to exceed four years. It is not possible to qualify for a B-1 visa if the United States citizen will reside permanently in the United States, even if the employee has previously worked for the United States citizen abroad. The following requirements also apply:

• The employer-employee relationship must have existed for at least six months prior to the employer’s admission in to the United States, or the employer must demonstrate the he or she has regularly employed domestic employees while abroad; and 
• The employee has at least one year’s experience as a personal or domestic employee as attested to by statements from previous employers. 

Accompanying an A or G Visa Holder (A-3 or G-5)

Domestic employees of an employer who seeks admission to, or who is already in, the United States in A-1 or A-2 status may be eligible for an A-3 visa. Domestic employees of persons holding G-1 through G-4 visas may be eligible for a G-5 visa.

How do I apply for a visa as a domestic employee?

Please see our How to Apply for a Visa page.

What documents are required in order to apply for an A-3 or G-5 visa?

Please see our Documents Required for Visa Application page.

Employee contracts must contain the following provisions:

• A guarantee that the employee will be compensated at the state or federal minimum or prevailing wage, whichever is greater. Any deductions for food and lodging must be no more than reasonable and voluntarily agreed to on the part of the employee;
• A statement of number of hours to be worked and days off per week, sick leave, and authorized holidays;
• A guarantee that the employer will not withhold the passport of the employee;
• A guarantee that the employer will either provide health insurance or will pay the employee’s medical expenses;
• A commitment by the employer to pay for the employee’s roundtrip transportation from Colombia;
• A commitment that the employer will be the only provider of employment to the domestic employee;
• A commitment that the employer will ensure payment of the employer’s share of all applicable federal, state and local taxes, including social security and worker’s compensation; withholding of employer’s share of all applicable taxes; and provide assistance to the employee in filing all required tax returns. Please refer to the Internal Revenue Service Household Employer’s Tax Guide.