US Visa for Maid or Household Worker
By: Bryce Haley | Posted: 10th March 2011
How you can get your maid a US visa so she can proceed to operate and stay with you whilst you are temporary while in the US. Precisely the same process is applied to get a Nanny Visa, where you should be US citizens petitioning a foreign national to come to the US to assist you.
Obtaining a domestic worker visa (B1 visa) for any maid or nanny is definitely an arduous task because the documentary evidence required is stringent, however, it doesn't indicate that it truly is unattainable to get a US visa for the maid or nanny!
Permanent Visa or Temporary Visa
Remember that if you're shifting back for the US completely then you definately cannot deliver your maid with you. Requesting a B1 Tourist Visa to get a maid or to get a nanny has to be to get a short-term stay inside the US. By regulation, neither domestic employees of U.S. citizens who completely reside in or are resuming permanent residence in the United States, nor domestic employees of U.S. Legal Permanent Residents, can get non-immigrant domestic worker visas. In the event the employer with the domestic servant is really a U.S. citizen that is moving back to your U.S. on a permanent foundation, the employer can't provide a domestic employee back again to your U.S. Consequently, if the employer is transferring back on the temporary basis then the employer can qualify to petition the maid or nanny back towards the U.S.
US Citizenship Holders Applying for Maid or Nanny
The two spouses need to be eligible employers, meaning both 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 actually a US citizen then may not be eligible to assist your maid or nanny with her short-term visa.
Having to pay your Maid
The employer has to be capable to indicate the maid is going to be compensated the marketplace price for that common maid inside the U.S. The most probable situation could be the prevailing wage the whole time the employee is within the U.S. In addition, you may have to withhold from the domestic employee's wages the quantity due for federal and state taxes. At the conclude of the yr, you must give her a W-2 form and support her file revenue taxes as required.
Wellness and Health-related Insurance to your Maid
You will need to receive well being and healthcare insurance coverage for the maid. Some states demand workmen's compensation for employees. You could possibly also be liable for unemployment compensation taxes. You have to fulfill the terms of the employment contract introduced towards the Embassy in the time of your visa application.
US Visa Denial for the Maid
A widespread reason for visa denial is the legal presumption that every individual applying to get a visa to enter the United States is an intending immigrant or the individual is coming for an impermissible or illegal goal. In order to overcome this legal presumption, maid visa applicants need to demonstrate for the satisfaction with the Consular Officer that the domestic employee has a residence abroad which she has no intention of abandoning. Please bear in mind that this presumption is actually a difficult a single to overcome. Typically this is referred to as "strong ties" towards the home nation or residence.
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Tags: arduous task, whole time, permanent residence, citizen, permanent residents, documentary evidence, tourist visa, us citizenship, immigrant status, permanent visa