There Are Requirements Regarding Green Cards for Domestic Employees

Immigrants who wish to come to the United States to work as a domestic may do so with a visa provided by the USCIS, United States Citizenship and Immigration Services. Green cards for domestic employees are available only when the immigrant and the employer meet the requirements. Domestic employees are generally considered those who work in a household, performing tasks such as cooking, cleaning, childcare, and household maintenance.

Immigrant Eligibility Requirements

As an immigrant who wants to work in the United States as a domestic, you are not allowed to be related to the employer through a family relationship. Additionally, you must have at least one year of experience working as a domestic and must be at least 16 years of age. The domestic employee may not travel to the United States before the employer and are not allowed to stay after the employer departs. Additionally, the employer must meet eligibility requirements.

Employer Eligibility Requirements

A potential employer of a foreign domestic worker must meet the eligibility requirements. The employer and spouse, if married, must both meet the criteria. The employer must be a foreign national in the United States on a visa or a U.S. citizen who resides primarily abroad. The employer and employee must have an employment contract in place. The domestic worker must be paid no less than minimum wage or the prevailing rate for that type of work. The employer must show that he is able to provide payment to the domestic for the duration of the stay.

EAD

The domestic employee must file an Employment Authorization Document, EAD, which must be approved prior to starting work. If approved, the visa allows the applicant to remain in the United States for an initial period of 6 months. An extension is then available that allows an additional stay of 6 months to a year. The employee must provide room and board for the domestic employee for the duration of his stay. Once the employment ends, the visa will expire and will not be renewed.

Required Documents

The domestic employee must provide some documentation as part of the visa approval process. The failure to provide this information could result in the denial of your application. Include a letter from your employer stating your length of employment, the type of work that you performed, and the salary that you received. You will also need to include proof of domestic employment, which could consist of tax documents or other official paperwork. The immigration process can be complicated. Those seeking a domestic visa may require the help of a knowledgeable immigration attorney to answer questions and provide guidance.

This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice regarding Green Cards for Domestic Employees, or other Immigration Law matters, please feel free to contact Phil D. Ortega at  480.461.5330, log on to udallshumway.com,  or contact an attorney in your area. Udall Shumway PLC is located in Mesa, Arizona and is a full service law firm. We assist Individuals, families, businesses, schools and municipalities in Mesa and the Phoenix/East Valley.