B-1 Visas For Domestic Workers And Personal Employees: What You Need To Know
23 March 2025Domestic workers—including nannies, housekeepers, caregivers, drivers, and cooks—can, under specific conditions, enter the United States on a B-1 visa. While the B-1 visa is usually associated with business visitors, U.S. immigration law allows certain domestic workers and personal employees to qualify for this nonimmigrant category—if very particular rules are followed.
As a New York immigration lawyer, I regularly assist both employers and employees with the process of obtaining B-1 status legally and responsibly. In this blog, I’ll explain:
- Who qualifies for a B-1 visa as a domestic worker
- What legal requirements must be met
- What kind of employment contract is required
- How to stay compliant with U.S. labor laws
- What pitfalls to avoid
Let’s break it down.
Who Can Use a B-1 Visa as a Domestic Worker?
The B-1 visa is generally not a work visa—but there’s an exception for domestic employees who are accompanying or following their foreign employers to the United States. These workers may qualify for B-1 status if:
- Their employer is a nonimmigrant visa holder, such as someone in A, B, E, F, H, I, J, L, or O status; or
- Their employer is a U.S. citizen who lives abroad and is returning to the U.S. temporarily.
Let’s look at both categories.
1. Employers in Nonimmigrant Status
If the employer is coming to the U.S. temporarily on a nonimmigrant visa, they may bring their personal or domestic employee under B-1 status if:
- There is a longstanding employment relationship; or
- The worker has been employed abroad by the employer for at least one year before the visa application; or
- If employed for less than a year, the employer must demonstrate that they have hired the worker on a long-term basis and that the employee has at least one year of domestic service experience.
Practical Tip: Keep records of employment history, past paystubs, and proof of duties performed abroad. These documents are important for the B-1 application and consular interview.
2. U.S. Citizens Living Abroad Temporarily
A U.S. citizen living and working abroad who is returning to the U.S. temporarily may also bring a domestic worker using the B-1 visa, as long as:
- The citizen’s stay in the U.S. is temporary,
- The worker has been employed by the U.S. citizen for at least six months before the trip, or
- The citizen can show an ongoing employment relationship and that the employee has similar experience with other employers.
Note: This exception is often used by diplomats, international executives, or families returning home for short visits.
Key Legal Requirements for B-1 Domestic Workers
Obtaining a B-1 visa for domestic work requires meeting strict legal conditions. Here’s what both the employer and employee must provide:
1. A Valid Employment Contract
This is a critical part of the application. The contract must:
- Be in writing and signed by both parties
- Clearly describe the job duties
- Specify hours of work and days off
- Guarantee that the employee will receive the prevailing or minimum wage, whichever is higher
- Guarantee free room and board if the employee is required to live in the home
- State that the employee will not accept any other employment during their stay
Tip: Use current U.S. Department of Labor wage data to determine the prevailing wage in your area. The government checks this.
2. Proper Wages and Labor Conditions
Domestic workers must be paid lawfully and fairly. The contract must comply with:
- The Fair Labor Standards Act (FLSA)
- Applicable state and local minimum wage laws
- Overtime rules (if applicable)
Employees must also receive:
- Reasonable work hours
- At least one full day off per week
- Protection from abuse or exploitation
Important: Underpaying or violating labor conditions can not only result in visa denials but also civil penalties or immigration bars for the employer.
How to Apply for a B-1 Visa as a Domestic Worker
The domestic worker must:
- Complete Form DS-160 online
- Schedule a visa interview at a U.S. consulate
- Present the signed employment contract, evidence of the relationship with the employer, and proof of qualifications
- Show nonimmigrant intent—proof that they intend to return home after their visit
The consular officer will evaluate whether the applicant meets all legal and documentary requirements.
Duration and Extensions of B-1 Status
B-1 domestic workers typically receive an initial stay of up to 6 months, which can be extended in increments of 6 months.
However, B-1 visas:
- Do not provide work authorization beyond the specific employer
- Are not intended for permanent employment in the U.S.
- Do not lead to a green card unless a separate petition is filed through another process
What Happens If the Rules Are Violated?
If the domestic worker takes other jobs, overstays, or is underpaid, this can lead to:
- Visa revocation
- Denial of future visa applications
- Bars to reentry for the worker
- Fines or legal penalties for the employer
Tip for Employers: Keep detailed pay records, offer fair working conditions, and comply with U.S. wage laws.
Tip for Workers: Don’t accept cash payments under the table. Keep copies of your contract, pay receipts, and any correspondence with your employer.
Alternatives to the B-1 Domestic Worker Visa
If the B-1 route is not available, some workers may qualify for other options, such as:
- A-3 or G-5 visas (for workers of diplomats or international org staff)
- H-2B visa (in some limited cases, though rarely used for domestic work)
An immigration attorney can help evaluate all options.
The application process usually will involve the following:
Application Process
Step 1: Complete the online Nonimmigrant Visa Application, Form DS-160 .
Step 2: Go to the U.S. Visa Appointment Service website :
- Create a user account.
- Add information to complete the registration.
- Enter the DS-160 confirmation number.
- Select a Document Service Center (DSC) location.
- Pay the nonimmigrant visa (MRV) application fee (cash or credit card).
- Schedule an appointment.
Step 3: Gather required documentation to bring to your appointment.
- DS-160 confirmation page with the barcode.
- Valid passport with a minimum of six (6) months validity.
- Previous passports and visas, if applicable.
- 2″ x 2″ (5 cm x 5 cm) color photograph on a white background, either uploaded to the system or sent with the documents.
- Evidence must be provided that shows the employer’s proof of ability to pay the employee’s wages while in the United States.
- Signed employment contract, in English as well as in a language you understand. The contract must contain the following:
- A description of the work duties of the employee;
- The number of hours to be worked by the employee per week;
- The rate of pay. (At least at the level of the state or Federal minimum or prevailing wage, whichever is greater for every hour worked. Visit the Foreign Labor Certification Data Center website for information about prevailing wage);
- The number of authorized holidays, vacation, and sick leave days per year;
- The regular day(s) off each week;
- The frequency and form of payment;
- The rate of overtime pay (state law governing overtime rates can be found on the U.S. Department of Labor wages page );
- Any money deducted for food or lodging, depending on the employer’s visa category;
- 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;
- That the employer pay the domestic’s initial travel expenses to the United States and final departure at the termination of the assignment;
- That the employee will not accept any other employment while working for the employer;
- That both parties understand that the employee cannot be required to remain on the premises after working hours without compensation;
- That the employer agrees to abide by all Federal, state, and local laws in the United States.
For your reference, here are the US regulations on the matter:
9 FAM 402.2-5(D) (U) Personal Employees/Domestic Workers
(CT:VISA-1625; 09-08-2022)
(U) Applicants employed in a personal capacity by an individual as personal employees or domestic employees may be classified as B-1 visitors if they meet the following special circumstances.
9 FAM 402.2-5(D)(1) (U) Personal Employees/Domestic Workers of U.S. Citizens Residing Abroad
(CT:VISA-1826; 09-06-2023)
a. (U) Personal employees or domestic workers may accompany or follow to join a U.S. citizen employer who is traveling to the United States temporarily, if the U.S. citizen employer has a permanent home or is stationed in a foreign country, and the following requirements are met:
(1) (U) The employee has a residence abroad which they have no intention of abandoning;
(2) (U) The applicant has been employed abroad by the employer as a personal employee or domestic worker for at least six months before the date of the employer’s admission to the United States; or the employer can show that while abroad the employer has regularly employed a domestic worker in the same capacity as that intended for the applicant;
(3) (U) The employee can demonstrate at least one year experience as a personal employee or domestic worker; and
(4) (U) The employee is in possession of an original contract or a copy of the contract, to be presented at the POE. The employment contract must be in a language understood by the employee and signed and dated by the employer and the employee. The employment contract must include the following provisions:
(a) (U) The employer will be the only provider of employment to the domestic employee;
(b) (U) The employer will provide the employee free room and board and a round trip airfare;
(c) (U) The employee will receive the greater of the minimum or prevailing wage under U.S. federal, state, or local law for an eight-hour workday;
(d) (U) The employer will give at least two weeks' notice of their intent to terminate the employment, and the employee need not give more than two weeks’ notice of their intent to leave the employment; and
(e) (U) The employment contract must also reflect any other benefits normally required for U.S. domestic workers in the area of employment.
9 FAM 402.2-5(D)(2) (U) Personal Employees/Domestic Workers of U.S. Citizens on Temporary Assignment in the United States
(CT:VISA-1826; 09-06-2023)
a. (U) Personal employees or domestic workers may accompany or following to join a U.S. citizen employer who is traveling to the U.S. temporarily, if the U.S. citizen employer has a permanent home or is routinely stationed in a foreign country (as set out in paragraph (b) below) and the following requirements are met:
(1) (U) The employee has a residence abroad which they have no intention of abandoning;
(2) (U) The applicant has been employed abroad by the employer as a personal employee or domestic worker for at least six months before the date of the employer’s admission to the United States; or the employer can show that while abroad the employer has regularly employed a domestic worker in the same capacity as that intended for the applicant;
(3) (U) The employee can demonstrate at least one year experience as a personal employee or domestic worker by producing statements from previous employers attesting to such experience; and
(4) (U) The employee is in possession of an original contract or a copy of the contract, to be presented at the POE. The employment contract must be in a language understood by the employee and signed and dated by the employer and employee and must include the following provisions:
(a) (U) The employer will be the only provider of employment to the domestic employee;
(b) (U) The employer will provide the employee free room and board and a round trip airfare;
(c) (U) The employee will receive the greater of the minimum or prevailing wage under U.S. federal, state, or local law for an eight-hour workday;
(d) (U) The employer will give at least two weeks’ notice of their intent to terminate the employment, and the employee need not give more than two weeks’ notice of their intent to leave the employment; and
(e) (U) The employment contract must also reflect any other benefits normally required for U.S. domestic workers in the area of employment.
b. (U) The U.S. citizen employer must be subject to frequent international transfers lasting two years or more as a condition of the job as confirmed by the employer’s personnel office and is returning to the United States for a stay of no more than six years.
9 FAM 402.2-5(D)(3) (U) Personal Employees/Domestic Workers of Foreign Nationals in Nonimmigrant Status
(CT:VISA-1963; 04-01-2024)
(U) A personal employee or domestic worker who accompanies or follows to join an employer who is seeking admission into, or is already in, the United States in B, E, F, H, I, J, L, M, O, P, Q, and TN (NAFTA Professional) nonimmigrant status, must meet the following requirements:
(1) (U) The employee has a residence abroad which they have no intention of abandoning (notwithstanding the fact that the employer may be in a nonimmigrant status which does not require such a showing);
(2) (U) The employee can demonstrate at least one year’s experience as a personal employee or domestic worker;
(3) (U) The employee has been employed abroad by the employer as a personal employee or domestic worker for at least one year before the date of the employer’s admission to the United States or if the employee-employer relationship existed immediately before the time of visa application, the employer can demonstrate that they have regularly employed (either year-round or seasonally) personal employees or domestic worker's over several years preceding the domestic employee’s visa application for a nonimmigrant B-1 visa;
(4) (U) The applicant must have an employment contract in a language understood by the employee that has been signed and dated by the employer and employee, and such contract includes the following provisions:
(a) (U) The employee will receive the greater of the minimum or prevailing wage under U.S. federal, state, or local law for an eight-hour workday;
(b) (U) The employee will receive free room and board;
(c) (U) The employer will be the only provider of employment to the employee; and
(d) (U) The employer must pay the domestic's initial travel expenses to the United States, and to the employer's onward assignment, or to the employee's country of normal residence at the termination of the assignment.
9 FAM 402.2-5(D)(4) (U) Lawful Permanent Residents (LPRs) May Not Employ Personal Employees/Domestic Workers in B-1 Status
(CT:VISA-1730; 03-10-2023)
(U) Lawful Permanent Residents (LPRs), including conditional permanent residents and LPRs who have filed Form N-470, Application to Preserve Residence for Naturalization Purposes, may not employ foreign nationals in B-1 domestic status, as the employer is permanently resident in the United States.
Why Legal Guidance Matters
The rules for bringing a domestic worker to the U.S. on a B-1 visa are narrow and strictly enforced. Even small mistakes can lead to serious immigration consequences for both parties.
As a USA immigration lawyer, I help:
- Families ensure full compliance with the law
- Domestic workers protect their rights
- Both parties prepare clean, enforceable contracts
- Applicants prepare strong visa applications
Contact my office today for a consultation: 917 885 2261
Visit www.shautsova.com
Let’s help you move forward safely and legally
Whether you’re a household employer or a domestic worker, don’t go through this process alone—get legal guidance and peace of mind.