Domestic Employees

Qualifications for A-3 or G-5:

A-3 and G-5 visa applicants must be interviewed by a consular officer. They must follow the normal application procedures for the general public.  The consular officer must be satisfied that the wage to be received by the A-3 or G-5 applicant is a fair wage comparable to that she may personally seek certain employment or human rights protections. The employer must pay the domestic’s initial travel expenses to the United States, and subsequently to the employer’s onward assignment, or to the employee’s country of normal residence at the termination of the assignment.

Application Process

All domestics must demonstrate strong financial, social, and family ties abroad that will compel them to return after the contract ends.

Caution:  Use only valid documents. Fraud or misrepresentation can result in
a permanent visa ineligibility. If confidentiality is of concern, the applicant should bring the documents to the Embassy in a sealed envelope. The Embassy will not make this information available to anyone and will respect the confidentiality of the information.

A-3 or G-5: All required documents for any non-immigrant visa plus:

1. A copy of the employer's diplomatic visa and a Note Verbale. The Note Verbale should list the name of the employee, give the employer's title or official status. It should also specify the date of departure from Brunei, and the purpose of the trip and length of stay in the United States.
 2. Current Brunei employment visa under the employer’s name;
3. Two signed copies of an English-language U.S. employment contract while in the United States (one copy will be returned to successful applicants and must be presented at the U.S. port of entry, showing original signatures of both the employer and the employee.) stating that the employer will:
                                                                                                   
• Be the only provider of employment for the employee;
• Provide medical insurance; Provide free board and lodging; and round-trip airfare to/from the United States (not to be deducted from wages);
• Pay the employee the minimum or prevailing wage (whichever is higher) for an eight hour day as well as any other benefits normally required for U.S. domestic workers in the geographical area of employment;
• Pay U.S. taxes and social security;
• Pay overtime (time and a half) for work hours exceeding eight in a day or 40 in a week;
• Agree to not withhold the employee's passport;
• Include severance provisions;
• The contract states the employee's hours of work and that the employee will not accept any other employment while working for the employer.

Other Information: While in the United States

Domestics working in the United States are subject to and protected by U.S. law, which requires that all domestic helpers have a contract with their employer that conforms to U.S. labor regulations. These contracts create important legal obligations for the domestic helper and his/her employer, including:

• payment for time the employee is required to remain on premises after hours;
• the employee's retention of his/her passport; and
• the employee's right to leave the premises when not on duty.

The Department of State considers prevailing wage statistics to reflect a fair living wage for domestic helpers and personal employees. U.S. consular officers rely upon these figures when determining whether employment contract provisions satisfy applicable prevailing wage requirements for domestic helper applicants. The Department of Labor (DOL) maintains an Alien Labor Certification/Occupational Employment Survey (ALC-OES) database that breaks down prevailing wage statistics by occupation and metropolitan areas. For example, the hourly prevailing wage for 2007 for "Maids and Housekeeping Cleaners" is $7.39/hour in the Washington, D.C. area; $9.47/hour in the New York City area; $6.51/hour in the Miami area; $7.20/hour in the Chicago area; and $7.66/hour in the Los Angeles area.

The U.S. government considers "involuntary servitude" of domestic workers, as defined under the Trafficking Victims Protection Act (TVPA), to be a severe form of trafficking in persons (TIP) and a serious criminal offense; victims of involuntary servitude are offered protection under the TVPA. According to the TVPA, "the term 'involuntary servitude' includes a condition of servitude induced by means of (A) any scheme, plan, or pattern intended to cause a person to believe that, if the person did not enter into or continue in such condition, that person or another person would suffer serious harm or physical restraints; or (B) the abuse or threatened abuse of the legal process."

The phone number for police and emergency services in the United States is 911, and the U.S. Department of Health and Human Services maintains a hotline for reporting abuse of domestic employees and other TIP-related crimes: 1-888-3737-888.

Useful web sites

IRS:  Employment Taxes for Household Employees
(by Internal Revenue Service) at http//www.irs.gov/
DOL:  Minimum Wage Laws, wages by area and occupation in the States
(by Bureau U.S. Dept. of Labor) at http//www.dol.gov/

Non-Immigrant Visas

Advance travel planning and early visa application are important, since visa applications are subject to a greater degree of scrutiny than in the past. 

All applicants are STRONGLY encouraged to apply 30 days ahead of the anticipate travel date.