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Visas for Personal Employees of Official/Diplomatic Visa Holders (A-3, G-5)
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7 MINUTE READ
July 14, 2018

Holders of nonimmigrant A-1, A-2, G-1, G-2, G-3, and G-4 visas are eligible to be accompanied by personal employees during their stay in the United States, subject to certain conditions. Please read the requirements outlined below.

How to Apply

To apply, please complete the basic documentary requirements as specified in Step 2 of the application procedures, and complete the additional documentary requirements below.  Go to Window 10, at the U.S. Embassy in Manila between 7:30 a.m. and 8:30 a.m., any day from Monday to Friday, except U.S. and Philippine Holidays.

After submission of documents to Window 10, A-3 and G-5 visa applicants will be interviewed by a consular officer.

Additional Documentary Requirements

  • Proof of the employer’s status – Diplomatic Note or its equivalent from the employer’s current employer;
  • Copy of employer ’s nonimmigrant A or G visa;
  • Original employment contract signed by the employer and the employee. The contract must contain:
    1. a) A description of the work duties of the employee;
      b) The number of hours to be worked by the employee per week;
      c) The hourly rate of pay (as identified per U.S. state in http://flcdatacenter.com);
      d) The number of authorized holidays and vacation and sick leave days per year;
      e) The regular day(s) off each week;
      f) The frequency and form of payment;
      g) The rate of overtime pay (1.5 hours hourly rate or more);
      h) Any money deducted for food or lodging;
      i) That the employer will not withhold the employee’s passport, employment contract, or other personal property, nor prohibit the employee from leaving the premises when the employee is not on duty;
      j) That the employer will pay the domestic employees’ travel expenses to and from the United States;
      k) That the employee will not accept any other employment while working for the employer;
      l) That both parties understand that the employee cannot be required to remain on the premises after working hours without compensation;
      m) That the employer agrees to abide by all Federal, State, and local laws in the United States.

The employee must have in his/her possession an original contract or a copy of the contract, to be presented at the Port of Entry, showing original signatures of both the employer and the employee.

  • Employer’s proof of ability to pay the employee’s wages while in the United States;

NOTE: Prevailing wage information is available in www.flcdatacenter.com. To locate the proper information, please see the following:

  • Choose FLC Wage Search Wizard
  • Select a State/Territory
  • Use the default Data Source (All Industries Database)
  • Select Area
  • The code for Maids and Housekeeping Cleaner is: 37-2012
  • Select ‘Search’
  • The Level I Skill Level Wage is the minimum hourly wage for the position

IMPORTANT: Please read this pamphlet (PDF) prior to your visa interview. Please click here (PDF) for the Tagalog version. You will be asked during your interview with the consular officer if you have received, read, and understood its contents.    

Notes:

  • The Employer of the Domestic Employee should include a letter from his/her embassy/consulate/international organization printed on letterhead and bears an original signature from the appropriate human resources or payroll section that lists the title and annual salary of the embassy/consulate/international organization employee. If the embassy/consulate employee does not carry the diplomatic rank of Minister or higher, or a position equivalent to Minister or higher, the employer must demonstrate that s/he will have sufficient funds to comply with the Fair Labor Standards Act (FLSA). For employees of international organizations, it will be necessary for the employer to demonstrate that he or she has sufficient funds to provide the required wages and working conditions.
  • In certain cases, additional documents may be requested.
  • All documents must be originals.  Photocopies will not be accepted, unless specified.  The applicant must submit these documents to the interviewing consular officer during the interview. The Nonimmigrant Visa Unit does not accept documents before the interview. Any documents received will not be returned and will be destroyed. Please note, however, that presentation of the documents will not guarantee visa issuance. Applicants must still qualify for the type of visa being sought.
  • In most instances, it is unnecessary for an officer to interview an employer. Therefore, if the employer accompanies his/her domestic helper to the interview, it is likely he or she will not be admitted. If the officer determines that additional information from the employer is needed, the employer may be asked to return to the Embassy at a later date.

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