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Visas to the U.S.
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Visa Services
TOURIST AND BUSINESS VISAS - Visas for Domestic Employees
Employers who qualify
to take an alien domestic employee to the U.S in nonimmigrant status
to work for them during a temporary stay:
1. U.S. citizens
who reside permanently abroad, are stationed in a foreign country and
who are visiting the U.S temporarily, or whose overseas employment requires
frequent international transfers lasting two years or more. Also, U.S.
citizens who are assigned to the U.S temporarily, and who are likely,
as a condition of employment, to be transferred abroad again within
four years.
2. Nonimmigrant aliens (bearers of B1-B2, E, F, H, I, J, L, M, O, P,
Q, R and TN nonimmigrant visas) who are in or are applying for temporary
admission to the United States.
3. Employers assigned to an international or bilateral mission (A, G
or NATO visa holders).
IMPORTANT NOTE:
PERSONS IN LAWFUL PERMANENT RESIDENCE IN THE UNITED STATES ("GREEN
CARD" HOLDERS) ARE NOT ENTITLED TO
BRING OR TO EMPLOY NONIMMIGRANT ALIEN DOMESTIC EMPLOYEES IN THE U.S.
The
requirements for a visa for a domestic employee include proof that the
employee does not have the intention to immigrate to the United States.
The Consular Officer must be convinced that the domestic employee will
return to Mexico after a short working period in the United States.
Although the employer’s documentation (mentioned below) supports the
visa application, it is still the responsibility of the domestic employee
to demonstrate his/her intention of returning to Mexico.
Under these circumstances, the domestic employee will only be
allowed to travel accompanying his/her employers. Furthermore,
they are notified that if the visa is issued, the possibility exists
that they will be required to pay taxes, federal and state, and that
both the employer and the employee are required to pay. A brief explanation
is given below.
Individuals that wish to travel accompanied by their maids, nannies,
chauffeurs, etc., will be able to do so if their employees comply with
the following requirements:
1. EXPERIENCE: They
should have a minimum of twelve-month experience as domestic employees
with their present employers.
2. AGE: The minimum age is 16 years old.
3. RELATIONSHIP: There cannot be any familial relationship between the
employer and the employee.
The employers should
apply for an appointment for a visa for their domestic employees, with
the employee’s passport in hand, by calling the telephone number
mentioned above. The employee must appear in person at the Embassy to
apply for their visa. The domestic employee should present:
1. The Banamex bank
receipt for the EQUIVALENT IN PESOS of $131 dollars
for the processing fee.
2. His/her Mexican passport with a minimum validity of six months from
the date of the appointment. (We recommend the passport have
a minimum validity of about a year after the date of the telephone call
to request the appointment.)
3. The visa application, filled out via
Internet using the computer.
4. The supplementary application if he is male between 16 and 45 years
of age, preferably downloaded
from the Internet and filled out using the computer to have ready
when he comes to the Embassy.
Additionally they
should present the following documents (the employers may wish to put
these documents in a sealed envelope, which will be opened by the Consular
Officer)
- Employers’ valid
passport and visas
- Proof of the employer’s economic solvency (original
bank statements, etc.) as evidence that they have sufficient money
to enable them to travel with domestic help
- A letter signed by one of the employers identifying
the domestic employee with his/her name, type of work done by the
applicant, years of employment with him/her, salary, purpose of trip
(to help family with the care of children, etc.) and indicating that
they −the employers− will pay for his/her expenses.
- Original and
copy (copy will be kept for future reference) of Employment contract
dated and signed by both parties and prepared as follows:
A. DURATION:
The contract should be given for a year, with a clause indicating
that it is valid only during the trip or trips that the domestic
employee takes with the employers.
B. SALARY: The employee will receive the prevailing salary of
the locality where she/he will work as well as the benefits given
to domestic employees, such as overtime payment, insurance, per
diem, lodging, and meals. Below is a link that has the prevailing
wages (in US dollars) in the United States. (source: U.S. Department
of Labor ):
http://www.dol.gov/esa/minwage/america.htm
The contract
should indicate the hours and the amount paid for overtime. The
law in the United States requires employees to receive at least
150% of the normal salary for each hour worked in addition to
the 40 hours per week. For example, overtime payment would be
at least $9.00 dollars per hour for an employee usually earning
$6.00 dollars per hour.
C. RESIGNATION: The employer should notify the employee of termination
of employment at least two weeks in advance of the date of the
end of the contract. The employer cannot require more than a two-week
notification from the employee.
D. ONE EMPLOYER ONLY: The domestic employee can only work for
one employer.
E. TRANSPORTATION, ROOM AND MEALS: The employer will provide the
employee with room and meals, as well as a round-trip plane ticket.
None of these expenses will be deducted from the employee’s salary.
F. SIGNATURES: The contract should be signed and dated by the
employer and the employee.
G. COMPREHENSION: The contract must be in Spanish. The employee
should understand the contents of the contract and should be able
to answer simple questions regarding the conditions of employment.
H. HISTORY OF MAKING SURE THAT THE CONTRACT IS RESPECTED: The
Consular Officer is free to ask the employee of the conditions
of employment and the salary received during previous trips to
the United States, to verify if the employers and the employee
usually have followed the conditions of the previous contracts
and comply with the labor laws of the United States.
TAXES:
It is likely that the employer and the employee will be required to
pay taxes.
1. It is recommended
that both the employer and the employee acquire publication number 926
of the Internal Revenue Service to obtain information on the respective
responsibilities regarding taxes. It is required that the employee file
a tax return if the salary originating in the United States is equal
to or exceeds $1,400 U.S. in a calendar year.
2. If this amount is reached, the tax to be paid is equivalent to 15.3%
of the salary, divided equally between the employer (7.65%) and the
employee (7.65%). The part corresponding to the employer covers the
cost of Social Security (6.2%) and the cost of Medicare (1.45%).
3. The employer should also investigate and comply with state tax requirements.
Please call
well in advance to make an appointment as indicated in "How
to apply"
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