B-1 Domestic Workers or Personal Employees

The U.S. visitor rules found in the U.S. Department of State’s Foreign Affairs Manual include a U.S. immigration strategy for certain domestic workers or personal employees. These rules can be found in the U.S. Department of State Foreign Affairs Manual under 9 FAM 402.2-5(D)..

Employers can be certain U.S. citizens typically residing outside of the U.S. as well as certain nonimmigrant visa holders while temporarily in the U.S. Common types of workers include housekeepers, nannies, maids, au pairs, security personnel, and personal nurses.

A B-1 visa application should be processed through a U.S. Embassy or Consulate abroad, in advance of U.S. travel. Immigration legal requirements include a formal employment contract, proof of the domestic worker’s experience, and an individual employer’s immigration status and history of employing such workers. Legally, although practically difficult for quick trips, the worker should apply for an employment authorization document on Form I-765 following arrival.

The above is informational and not intended to be legal advice. Please consult with an experienced business immigration attorney on your specific facts and circumstances before proceeding with any U.S. immigration strategy.