Embassy of the United States La Paz, Bolivia

Domestic employees of an employer who seeks admission to, or who is already in, the United States in A-1 or A-2 status may be eligible for an A-3 visa. Domestic employees of persons holding G-1 through G-4 visas may be eligible for a G-5 visa.

The employer and the employee must have signed an employment contract which includes:

-      A guarantee that the employee will be compensated at the state or federal minimum or prevailing wage, whichever is greater;

-      A guarantee that the employer will provide food and lodging at no additional cost;

-      A statement of number of hours to be worked and days off per week, sick leave, and authorized holidays;

-      A guarantee that the employer will not withhold the passport of the employee;

-      A guarantee that the employer will either provide health insurance or will pay the employee’s medical expenses;

-      A commitment by the employer to pay for the employee’s roundtrip transportation from Bolivia;

-      A commitment that the employer will be the only provider of employment to the domestic employee;

-      A commitment that the employer will ensure payment of the employer’s share of all applicable federal, state and local taxes, including social security and worker’s compensation; withholding of employer’s share of all applicable taxes; and provide assistance to the employee in filing all required tax returns. Please refer to the Internal Revenue Service Household Employer’s Tax Guide.

How to determine prevailing wage and other employment requirements?

For information regarding prevailing wages in the United States, you can log on to www.flcdatacenter.com and go through the OES SEARCH WIZARD.  Choose the state(s) where you will be located, and continue the search by choosing the kind of job.  The following codes are the most used: 37-2012 Maids & Housekeeping Cleaners; 39-9011 Child Care Workers; 39-9021 Personal & Home Care Aides.

In addition to including the correct wage in the contract, employers are expected to understand and comply with all local employment laws that are in effect in any city/state they might visit (for example, some city/states require the payment of overtime when employees work more than 40 hours/week).  To learn what these requirements are, employers should contact the Department of Labor using the information available at http://www.dol.gov/esa/contacts/state_of.htm

What else is required if a visa is issued?

If a visa is issued, the employer is also responsible for obtaining work authorization for the employee upon his/her arrival in the U.S.  Specifically, the employer must ensure that the employee applies for and receives an Employment Authorization Document (EAD) through the Department of Homeland Security (DHS) Service Center with jurisdiction over where the employee will be working in the U.S.  This process requires the completion of DHS Form I-765 and the payment of additional fees to DHS.  Information on this process can be found at http://www.uscis.gov/portal/site/uscis under "Employment Authorization."

NOTE: Consular officers will generally not issue a new B-1 domestic employee visa to any employer or employee who has failed to obtain an EAD (see above) or otherwise comply with the requirements for a B-1 domestic employee visa, including ensuring that the domestic employee departs the U.S. in a timely fashion.  Should a domestic employee abandon an employer in the U.S., the employer must report this immediately to Department of Homeland Security and to the Embassy where the visa was issued in order to avoid further consequences to the employer.

Review the Nonimmigrant Rights, Protections and Resources pamphlet, Online version or Printer double-sided version.