The B-1 visa classification has a special provision for domestic workers and personal employees of certain foreign nationals. It allows certain household employees (nannies, housekeepers, butlers, caregivers, drivers) to accompany their employer to the U.S. for a temporary period. To qualify, the employer must be a foreign national entering the U.S. with certain nonimmigrant visas (or in some cases a U.S. citizen living/working abroad) and the domestic employee must meet strict conditions.

• Employer eligibility: The employer must hold a foreign diplomatic or certain nonimmigrant visas, such as a P-1 or O-1 visa, or be a U.S. citizen returning for a temporary period from living abroad
• Employment duration: Usually, the domestic worker should have a prior long-term employment relationship (at least 1 year) with the employer before travel
• Written contract: A formal employment contract must be in place that meets U.S. labor standards (duties, pay at or above minimum wage, overtime, lodging/board, expenses paid etc.). The employee may only work for that specific employer in the U.S.

Additional requirements include proper visa/immigration status and intent to depart when the employer leaves the U.S. Temporary intent must be clear (the worker cannot plan to stay in the U.S. beyond the authorized period). The domestic worker must maintain valid documentation at all times.

Permitted activities: Domestic employees may only perform the personal services for the sponsoring employer as defined in the employment contract. They cannot change employers or take on any other employment in the U.S.

For assistance with a B-1 domestic visa, contact our office. We assist clients (employers and domestic employees) to meet contract requirements and to prepare the visa application and petition package, as well as preparation for the B-1 visa interview, consular follow up if needed, and U.S. entry.