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US Visa for Maid or Domestic Worker

22nd February 2011
By Al Kola in Immigration Law
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The best way to get your maid a US visa so she can continue to operate and stay with you when you are temporary while in the US. The identical procedure is applied for any Nanny Visa, exactly where you have to be US citizens petitioning a foreign national to arrive to the US to assist you.
Obtaining a domestic employee visa (B1 visa) for a maid or nanny is surely an arduous process simply because the documentary proof required is stringent, nonetheless, it does not suggest that it's unattainable to obtain a US visa for the maid or nanny!

Permanent Visa or Temporary Visa
Keep in mind that in case you are shifting back for the US permanently then you definitely cannot provide your maid with you. Requesting a B1 Tourist Visa for any maid or for a nanny has to be to get a short-term remain within the US. By regulation, neither domestic employees of U.S. citizens who completely reside in or are resuming permanent residence within the United States, nor domestic employees of U.S. Legal Permanent Residents, can receive non-immigrant domestic employee visas. If the employer from the domestic servant is actually a U.S. citizen that is shifting back towards the U.S. on a permanent basis, the employer cannot carry a domestic employee back again towards the U.S. For that reason, if the employer is shifting back on a short-term basis then the employer can qualify to petition the maid or nanny back again for the U.S.

US Citizenship Holders Applying for Maid or Nanny
Each spouses have to be eligible employers, meaning the two have to be US citizens or you're getting into the US around the B, E, F, H, I, J, L, M, O, P, or Q non-immigrant status. If only one partner is a US citizen then is probably not eligible to assist your maid or nanny with her momentary visa.

Paying your Maid
The employer should be capable to display that the maid will be compensated the market charge for the common maid inside the U.S. One of the most most likely situation may be the prevailing wage all the time the worker is within the U.S. In addition, you might have to withhold from the domestic employee's wages the amount due for federal and state taxes. In the finish of your year, you need to give her a W-2 form and aid her file income taxes as required.

Health and Health care Insurance to your Maid
You'll need to receive wellness and health-related insurance for the maid. Some states require workmen's compensation for employees. You might also be liable for unemployment compensation taxes. You need to fulfill the terms of your employment agreement introduced for the Embassy with the time with the visa application.

US Visa Denial for your Maid
A widespread cause for visa denial could be the legal presumption that every single individual applying to get a visa to enter the United States is surely an intending immigrant or that the individual is coming for an impermissible or illegal goal. In order to overcome this legal presumption, maid visa applicants need to prove to the satisfaction of your Consular Officer that the domestic worker includes a residence abroad which she has no intention of abandoning. Please bear in head that this presumption is really a tough a single to conquer. Generally this really is known as "strong ties" towards the home region or residence.
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