How to get your maid a U.S. visa so she can continue to work and stay with you while you are temporarily in America. The same process is applied for a Nanny Visa, where you have to be U.S. citizen petitioning a foreign national to come with you.
Obtaining a domestic employee visa (B1 visa) for a maid or nanny is an arduous task because the documentary evidence required is stringent. However, it does not mean that it is impossible to obtain a U.S. visa for your maid or nanny!
Permanent Visa or Temporary Visa
Keep in mind that if you are moving back to the U.S. permanently then are not NOT eligible tobring your maid with you. It has to be a temporary move to the U.S. for a specified period of time only. Requesting a B1 Tourist Visa for a maid or nanny has to be for a temporary stay.
By regulation, if you a U.S. citizen and you are resuming permanent residence in America, or Legal Permanent Resident (LPR) then your domestic maid will not be eligible to come with you. Only temporary stays for U.S. citizens and LPRs are not eligible to apply for their maids.
For U.S. citizens, both spouses have to be eligible employers, meaning both have to be U.S. citizens unless you are entering the U.S. on the B, E, F, H, I, J, L, M, O, P, or Q non-immigrant status. If only one spouse is a US citizen then you may not be eligible to assist your maid or nanny with her temporary visa.
Paying your Maid
The employer must be able to show that the maid will be paid the market rate for the average maid in the U.S. The most likely scenario is the prevailing wage the entire time the worker is in the U.S. Additionally, you may have to withhold from your domestic employee’s wages the amount due for federal and state taxes. At the end of the year, you should give her a W-2 form and help her file income taxes as required.
Health and Medical Insurance for your Maid
You will need to obtain health and medical insurance for your maid. Some states require workmen’s compensation for employees. You may also be liable for unemployment compensation taxes. You must fulfill the terms of the employment contract presented to the Embassy at the time of the visa application.
Visa Denial for your Maid
A common reason for visa denial is the legal presumption that each person applying for a visa to enter the United States is an intending immigrant or that the person is coming for an impermissible or illegal purpose. In order to overcome this legal presumption, the visa applicants (not the employer) must prove to the satisfaction of 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 a difficult one to overcome. Normally this is referred to as “strong ties” to the home country or residence.