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US Dubai Consulate FAQ

HOME > BEFORE MY INTERVIEW > Domestic Employees

Personal or domestic employees who are accompanying or following to join an employer in the United States may be eligible for B-1 visas. This category of persons includes, but is not limited to: cooks, chauffeurs, valets, nannies, au pairs, gardeners, and paid companions.

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

1.      The employee has been employed outside the United States by the employer for at least one year prior to the date of the employer’s admission to the United States.

2.      The employee has a residence abroad which he or she has no intention of abandoning.

Accompanying an American Citizen 

Personal or domestic servants who are accompanying or following to join their United States citizen employer in the United States may be eligible for the B-1 visa classification if:

  1. The American Citizen ordinarily resides outside the United States and is traveling to the United States temporarily.
  2. The American Citizen’s 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.

3.      It is not possible to qualify for a B-1 visa if the United States citizen employer will reside permanently in the United States, even if the B-1 visa applicant has previously been in the United States citizen’s employ abroad. In addition:

  1. The employer-employee relationship must have existed for at least six months prior to the employer’s admission to the United States or, alternatively, the employer has regularly employed a domestic employee in the same capacity while abroad.
  2. The employee has had at least one year of experience as a personal or domestic employee, as indicated by statements from previous employers attesting to such experience.
  3. The employer will be the only provider of employment, and will provide the employee free room and board and round trip transportation, as indicated under the terms of the employment contract.

1.      Valid Passport.

2.      The DS-160 application form confirmation page.

3.      Payment Receipt for the application fee.

4.      The employer’s valid visa (copy) or the employer’s U.S. valid passport (copy).

5.      Documentation in support of employer’s ability to pay the employee’s salary. This could include pay stubs, bank statements, or other documents verifying the employer’s solvency.

6.      A contract signed and dated by both employer and employee that at a minimum must include a guarantee that:

  • The employee will be compensated at the minimum or prevailing wage, whichever is greater. The minimum hourly wage for the U.S. state where the employee will be performing the work must be specified in the contract.  The contract must also include a provision stating that for every hour worked above 40 hours per week, the applicant will be compensated at 150% of his or her salary (“overtime”).
  • The employee will be provided free transportation to and from the U.S., and free room and board while in the U.S.
  • The employer will be the only provider of employment to the employee.

 

In addition, if working for a U.S. citizen the contract must:

  • Reflect any other benefits normally required for U.S. domestic workers in the area of employment; and
  • State that the employer will give at least two weeks’ notice of his or her intent to terminate the employment, and that the employee need not give more than two weeks’ notice of intent to leave the employment.

Attention Citizens of Iran, Syria and Sudan: Current guidelines require that ALL Citizens of Iran, Syria, Cuba, and Sudan must apply in person regardless of age or residency 

Most applicants are required to appear in person at the Consular Section to apply for a U.S. visa. However, applicants under 14 and over 80 are generally exempt from this requirement.

Qualified applicants include:

  • Applicants under 14 or over 80, who are legal residents of UAE with valid residence permits (UAE residence visa or Emirates ID card). 

Note: Residence permits are not required for UAE nationals.

Additional Documentation Required

In addition to the standard documents required for each visa type, the following documents are required for applicants using the Special Age Exemption trip purpose category:

For Applicants under 14:

  • A copy of one parent’s valid U.S. visa
  • A copy of one parent’s and the applicant’s own residence permits for the UAE (UAE residence visa or Emirates ID card). Not required for UAE nationals.
  • Proof of relationship (Copy of Birth certificate, Emirates ID, UAE residence visa, adoption certificate etc.)
  • Applicant’s birth certificate copy

For Applicants older than 80:

  • The applicant’s own residence permit for the UAE (UAE residence visa or Emirates ID card). Not required for UAE nationals.

Please send the documents through Empost, to start the process please visit  https://ais.usvisa-info.com/en-AE/niv/information/courier

The employment contract is an official document that clearly states the terms of employment while in the U.S.  If it is determined that any part of the contract has not been adhered to (for example, if the employer does not pay the hourly wage stated in the contract, or fails to pay the employee 150% of his/her salary for every hour worked above 40 hours per week), the employer has violated the employee’s rights under U.S. law.  In addition, employers have the responsibility to ensure that:

·         Employees are given a copy of the work contract, signed by both parties.

·         Employees (not employers) remain in possession of their passport and U.S. visa at all times.

·         For more information on employees’ rights while working in the U.S., please click here.

Personal or domestic employees accompanying foreign diplomatic officials or foreign government employees traveling to the United States on official business under visa classes A1 or A2 will need to apply for visa class A3. For more information about the process for personal or domestic employees applying for an A3 visa go HERE.

Personal or domestic employees accompanying a member of an international organization traveling to the United States on official business under visa classes G1, G2, G3 or G4 will need to apply for visa class G5. For more information about the process for personal or domestic employees applying for a G5 visa go HERE.