B-1 Visa, Domestic Employees of the Philippines
Employees of B, E, F, H, I, J, l, O, P, and Q Visa holders and U.S. Citizens temporarily assigned to the U.S. are eligible to be accompanied by domestic employees during their visit to the U.S. a Charleston Immigration attorney can help you navigate the specifics of this unique visa.
For U.S. employers normally working abroad it must demonstrate that the return to the U.S. is temporary, i.e. no longer than 4 years, the employee has 1 year or more domestic experience and has been employed abroad by the employer for at least 6 months prior to admission.
For visa holders the employee must maintain a residence abroad with no intent of abandoning, have 1 year or more domestic experience and have been employed by the employer for at least 1 year prior to admission.
In either case all submitted documents must be originals and the employer must accompany the employee to the interview. Further, a signed contract must be presented outlining the;
1. description of the work to be performed,
2. number of work hours per week,
3. rate of pay, being the greater of minimum wage or the prevailing wage rate,
4. number of holidays, vacation days and sick days allowed per year,
5. regular days off per week,
6. frequency and form of payment,
7. rate of overtime pay,
8. any monies deducted for food or lodging.
Furthermore, it must be stated that the employee's passport will not be withheld by the employer, and that the employer will likewise not hold the employee's contract of employment or any other items constituting personal property. The employer must also not prohibit the employee from freely departing the premises when not performing job duties, though the employee must also not accept any other employment during his or her stay in the U.S.
In addition the employer must pay the employees travel expenses to the U.S. and upon termination to the next assignment or back to the home country.
Submission Process
Applicants should check with the Philippine Embassy website then file the appropriate forms, include required documentation and pay all required filing fees.
