Visas
Domestic Employee Visa
Requirements:
Employers who qualify to take an alien domestic employee to the U.S. in non-immigrant status to work for them during a temporary stay:
1. U.S. Citizens who reside permanently abroad, are stationed in a foreign country and who are visiting the U.S. temporairly, or whose overseas employment requires frequent international transfers lasting two years or more. Also, U.S. citizens who are assigned to the U.S. temporarily, and who are likely, as a condition of employment, to be transferred abroad again within four years.
2. Nonimmigrant aliens (bearers of B1-B2, E, F, H, I, J, L, M, O, P, Q, R and TN non-immigrant visas) who are in or are applying for temporary admission to the United States.
Important Note:
Persons in lawful permanent residence in the United States ("Green Card" holders) are not entitled to bring or to employ non-immigrant alien domestic employees in the U.S.
The requirements for a visa for a domestic employee include proof that the employee does not have the intention to immigrate to the United States. The Consular Officer must be convinced that the domestic employee will return to Mexico after a short working period in the United States. Although the employer’s documentation (mentioned below) supports the visa application, it is still the responsibility of the domestic employee to demonstrate his/her intention of returning to Mexico.
Under these circumstances, the domestic employee will only be allowed to travel accompanying his/her employers. Furthermore, they are notified that it the visa is issued, the possibility exists that they will required to pay taxes, federal and state, and that both the employers and the employee are required to pay. A brief explanation is given below.
Individuals that wish to travel accompanied by their maids, nannies, chauffeurs, etc, will be able to do so if their employees comply with the following requirements:
Experience: They should have a minimum of twelve-month experience as domestic employees with their present employers.
Age: The minimum age is 16 years old
Relationship: The employers and the employee cannot be related
The employers should apply for a visa appointment for their domestic employee, with the employee’s passport in hand, by calling the telephone number indicated in “How to apply”. The employee must appear in person at the Consulate to apply for their visa. The domestic employee should present:
Mexican passport (with a minimum validity of six months)
The Banamex bank receipt for the equivalent in pesos of $131.00 dollars for the processing fee.
Complete and sign the DS-156 Visa Form. Male applicants between the ages of 16 and 45 must also complete the DS-157 Suplimentary Form. Additionally they should present the following documents (the employers may wish to put these documents in a sealed envelope, which will be opened by the Consular Officer):
Employer’s valid passport and visas
Proof of the employer’s economic solvency (original bank statements, etc) as Evidence that they have sufficient money to enable them to travel with domestic help.
A letter signed by one of the employers identifying the domestic employee with his/her name, type of work done by the applicant, years of employment with him/her, salary, purpose of trip (to help family with the care of children, etc) and indicating that they – the employers- will pay for his/her expenses.
Employment contract dated and signed by both parties and prepared as follows:
DURATION: The contract should be given for a year with a clause indicating that it is valid only during the trip or trips that the domestic employee takes with the employers.
SALARY: The employee will receive the prevailing salary of the locality where she/he will work as well as the benefits given to domestic employees, such as overtime payment, insurance, per diem, lodging and meals. The law in the United States requires employees to receive at least 150% of the normal salary for each hour worked in addition to the 40 hours per week. For example, overtime payment would be at least $9.00 dollars per hour for an employee usually earning $6.00 dollars per week.
RESIGNATION: The employer should notify the employee of termination of employment at least two weeks in advance of the date of the end of the contract. The employer cannot require more than a two-week notification from the employee.
ONE EMPLOYER ONLY: The domestic employee can only work for one employer.
TRANSPORTATION, ROOM AND MEALS: The employer will provide the employee with room and meals, as well as a round-trip plane ticket. None of these expenses will be deducted from the employee’s salary.
SIGNATURES: The contract should be signed and dated by the employer and the employee.
COMPRENHENSION: The contract should be in Spanish. The employee should understand the contents of the contract and should be able to answer simple questions regarding the conditions of the employment.
HISTORY OF MAKING SURE THAT THE CONTRACT IS RESPECTED: The Consular Officer is free to ask the employee of the conditions of employment and the salary received during previous trips to the United States, to verify if the answers and the employee usually have followed the conditions of the previous contracts and comply with the labor laws of the United States.
TAXES: It is likely that the employer and the employee will be required to pay taxes.
It is recommended that both the employer and the employee acquire publication number 929 of the Internal Revenue Service to obtain information on the respective responsibilities regarding taxes. It is required that the employee file a tax return if the salary originating in the Unites States is equal to our exceeds $1,400 U.S. in a calendar year.
If this amount is reached, the tax to be paid is equivalent to 15.3 % of the salary, divided equally between the employer (7.65%) and the employee (7.65%) The part corresponding to the employer covers the cost of Social Security (6.2%) and the cost of Medicare (1.45%).