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travelling with personal employees

travelling with personal employees

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Old Jun 19th 2002, 8:20 am
  #1  
Sammy
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Default travelling with personal employees

my wife is a citizen of the Philippines travelling on a tourist visa. I'm a US
citizen with a permanent residency in the Philippines. We have two small kids that
are US Citizens. We found a provision that theoretically allows us to travel with our
domestic helper. I've scoured the internet looking for additional info on this. So
far, all I found were the basic requirements listed on the Embassy web site. Do you
have additional info on this type of visa?
 
Old Jun 19th 2002, 11:20 am
  #2  
Ingo Pakleppa
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Default Re: travelling with personal employees

On 18 Jun 2002 23:54:54 -0700, [email protected] (sammy) wrote:

    >my wife is a citizen of the Philippines travelling on a tourist visa. I'm a US
    >citizen with a permanent residency in the Philippines. We have two small kids that
    >are US Citizens. We found a provision that theoretically allows us to travel with
    >our domestic helper. I've scoured the internet looking for additional info on this.
    >So far, all I found were the basic requirements listed on the Embassy web site. Do
    >you have additional info on this type of visa?

It is my understanding that this only applies to diplomats.

Ingo

I am not a lawyer and this is not legal advice. For reliable advice, please consult
with a professional immigration attorney.

For further information, check the following frequently-requested links.

For many questions, you may find answers at
http://travel.state.gov/visa_services.html (Department of State)

or http://ins.usdoj.gov (INS).

For consular policies and visa reciprocity fees, find your consulate in
http://travel.state.gov/links.html

For visa denial and suggestions what to do about them, see
http://travel.state.gov/visadenials.html

For DOL Online Labor Certification: http://workforcesecurity.doleta.gov/

For information on affidavit of support for marriage to US citizens (I-864), go to
http://travel.state.gov/i864gen.html and http://travel.state.gov/checklist.html

For information on entering the US as a K-1: http://www.k1poelist.com/

For poverty levels, see http://aspe.os.dhhs.gov/poverty/00poverty.htm

For information on H/L/O/P visa extensions at Dept. of State in St. Louis, MO, see
http://travel.state.gov/revals.html

For non-official information, check:

(When using these sites, and any Web sites, please watch out for privacy, as I do not
know all site operators.)

http://www.visalaw.com http://www.shusterman.com http://www.immigration.com
http://members.aol.com/MDUdall http://www.murthy.com/ http://www.richw.org/dualcit/
(dual citizenship FAQ) http://www.ilw.com http://www.srs-usvisa.com
http://www.getusavisa.com http://greencard-lottery.virtualave.net/
http://www.jcvisa.com (H-1B) http://www.h1bresources.com (marriage and fiancee)
http://www.kamya.com/misc/ (marriage and fiancee)
http://www.mindspring.com/~docsteen/...o/visainfo.htm http://www.workpermit.com

This is not an endorsement of any of these Web sites. I am not affiliated with any of
the Web site owners and do not receive nor accept payment in return for listing them,
and typically don't even know them.

(if believe you have a good immigration-related Web site and want your Web site
listed here, please e-mail me).
 
Old Jun 19th 2002, 11:20 pm
  #3  
Sammy
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Default Re: travelling with personal employees

[email protected] (Ingo Pakleppa) wrote in message
news:<[email protected]>...
    > On 18 Jun 2002 23:54:54 -0700, [email protected] (sammy) wrote:
    >
    > >my wife is a citizen of the Philippines travelling on a tourist visa. I'm a US
    > >citizen with a permanent residency in the Philippines. We have two small kids that
    > >are US Citizens. We found a provision that theoretically allows us to travel with
    > >our domestic helper. I've scoured the internet looking for additional info on
    > >this. So far, all I found were the basic requirements listed on the Embassy web
    > >site. Do you have additional info on this type of visa?
    >
    > It is my understanding that this only applies to diplomats.
    >
    > Ingo
    >

according to the embassy website, individuals on visitor's visas travelling to the
states are also allowed to bring personal employees. also, american citizens working
overseas are also allowed to bring them.
 
Old Jun 20th 2002, 12:20 am
  #4  
Sylvia Ottemoel
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Default Re: travelling with personal employees

sammy wrote:

    > my wife is a citizen of the Philippines travelling on a tourist visa. I'm a US
    > citizen with a permanent residency in the Philippines. We have two small kids that
    > are US Citizens. We found a provision that theoretically allows us to travel with
    > our domestic helper. I've scoured the internet looking for additional info on this.
    > So far, all I found were the basic requirements listed on the Embassy web site. Do
    > you have additional info on this type of visa?

Sammy, I responded to your 6/12/02 post -- either you did not see the reply, or you
were not convinced. In case it was the former, here is the reply again:
________________________

The category is "a nonimmigrant visitor for business (B-1) who is a personal or
domestic servant who is accompanying or following to join an employer who seeks
admission into, or is already in, the United States as a nonimmigrant defined under
sections 101(a)(15)(B), (E), (F), (H), (I), (J), (L) or section 214(e) of the Act."
See 8 CFR section
274a.12(c)(17), available through
http://www.ins.usdoj.gov/graphics/lawsregs/8cfr.htm.

If your wife will spend a temporary period of time in the U.S. in B-2 visitor status,
the personal employee can spend the same amount of time. She would have to get a B-1
visa at the U.S. Embassy.

If you were to move permanently to the U.S., and your wife were to become a U.S.
permanent resident, this provision would not apply to your personal employee, because
she could not satisfy the requirement of temporary intent.
________________________

Here's another reference in a U.S. government document, the Foreign Affairs Manual of
the Department of State:

9 FAM section 41.31 N6.3 [this means note 6.3], available through
http://foia.state.gov/fam/.
 
Old Jun 21st 2002, 12:20 am
  #5  
Nogi
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Default Re: travelling with personal employees

there is no way you can bring your "maid" to the US to assist you on domestic chores
without filing an H1B visa for her.You have to prove that you are going to follow the
labor laws,like giving her salary at the current market,she would work only for 8
hours and beyond that it would be consider overtime.USaturdays and Sundays are off
days.You are going to do this in writing and you are therefore bound to follow this
or you know the consequences of this as you are already here in the US,assuming that
she will have an approved H1B.I just hope you have not made any false promise to the
poor "pinay" who have stared daydreaming of her life in the US.

[email protected] (sammy) wrote in message
news:<[email protected]. com>...
    > my wife is a citizen of the Philippines travelling on a tourist visa. I'm a US
    > citizen with a permanent residency in the Philippines. We have two small kids that
    > are US Citizens. We found a provision that theoretically allows us to travel with
    > our domestic helper. I've scoured the internet looking for additional info on this.
    > So far, all I found were the basic requirements listed on the Embassy web site. Do
    > you have additional info on this type of visa?
 
Old Jun 22nd 2002, 3:20 am
  #6  
Lanny
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Posts: n/a
Default Re: travelling with personal employees

[email protected] (sammy) wrote in message
news:<[email protected]. com>...
    > my wife is a citizen of the Philippines travelling on a tourist visa. I'm a US
    > citizen with a permanent residency in the Philippines. We have two small kids that
    > are US Citizens. We found a provision that theoretically allows us to travel with
    > our domestic helper. I've scoured the internet looking for additional info on this.
    > So far, all I found were the basic requirements listed on the Embassy web site. Do
    > you have additional info on this type of visa?

We live in South America. I'm a U.S. Citizen, my wife has a B1/B2 visa and our child
is a dual citizen. Our Domestic Employee has an appointment next January, for a B1/B2
visa interview. When we paid for that appointment last September, I was unaware of
the special provisions for Domestic Employees of U.S. Citizens. Only recently did I
discover on the web site of the U.S. Embassy, there is a special category for
Domestic Employees. When I go with her to the U.S. Embassy next January, one thing I
will need with me is an employment contract, in English and Spanish, stating that we
will pay her the Minimum legal wage in the USA ( $5.15 an hour at this time ),
provide medical insurance, etc. If you are planning to go to the USA, for a 1 or 2
week vacation, as we are, I believe you will be able to get a visa for your employee
to go with you and help you with your kids. Bring copies of all the papers you have,
showing that your Domestic employee has medical insurance, workmans compensation
insurance and whatever is required by Phillipine law. Also, receipts where you have
paid her salary, etc. There is a minimum period of time she will have needed to work
for you or as a Domestic Employee for someone else. Suggest you contact the
Non-immigrant visa section of the U.S. Embassy in Manila, for further information on
what is required. HTH, Lanny
 
Old Jun 22nd 2002, 3:20 am
  #7  
Sammy
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Posts: n/a
Default Re: travelling with personal employees

[email protected] (nogi) wrote in message
news:<[email protected] om>...
    > there is no way you can bring your "maid" to the US to assist you on domestic
    > chores without filing an H1B visa for her.You have to prove that you are going to
    > follow the labor laws,like giving her salary at the current market,she would work
    > only for 8 hours and beyond that it would be consider overtime.USaturdays and
    > Sundays are off days.You are going to do this in writing and you are therefore
    > bound to follow this or you know the consequences of this as you are already here
    > in the US,assuming that she will have an approved H1B.I just hope you have not
    > made any false promise to the poor "pinay" who have stared daydreaming of her life
    > in the US.
    >

It's puzzling that you make categorical proclamations with no knowledge of the visa
regulations in question. a simple check of some the links generously provided by the
other respondants to my initial query would've filled you in on some of the basics of
tourist visas. that you cast aspersions towards the personal circumstances that you
know even less about is not surprising.

please consider that people that use forums like this are making serious decisions
and choices that impact many others in life altering ways. spouting misinformation is
irresponsible.
 

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