US Visa for Maid

Obtaining a domestic employee visa (B1 visa) for a maid or nanny is an arduous task because the documentary evidence required is stringent, however, it does not mean that it is impossible to obtain a US visa for your maid or nanny!

Permanent Visa or Temporary Visa

Keep in mind that if you are moving back to the US permanently then you can’t bring your domestic employee with you. Requesting a B1 Tourist Visa for a maid or for a nanny has to be for a temporary stay in the US. By regulation, neither domestic employees of U.S. citizens who permanently reside in or are resuming permanent residence in the United States, nor domestic employees of U.S. Legal Permanent Residents, can obtain non-immigrant domestic employee visas.  If the employer of the domestic servant is a U.S. citizen who is moving back to the U.S. on a permanent basis, the employer cannot bring a domestic employee back to the U.S. Therefore, if the employer is moving back on a temporary basis then the employer can qualify to petition the maid or nanny back to the U.S.

US Citizens Applying for Maid or Nanny

Both spouses have to be eligible employers, meaning both have to be US citizens or you’re entering the US on the B, E, F, H, I, J, L, M, O, P, or Q non-immigrant status. If only one spouse is a US citizen then may not be eligible to assist your maid or nanny with her temporary visa.

Wage for Maid

The employer must be able to show that the maid  will be paid the market rate for the average maid in the U.S. The most likely scenario is the prevailing wage the entire time the worker is in the U.S. Additionally, you may have to withhold from your domestic employee’s wages the amount due for federal and state taxes. At the end of the year, you should give her a W-2 form and help her file income taxes as required.

Health and Medical Insurance for your Maid

You will need to obtain health and medical insurance for your maid.  Some states require workmen’s compensation for employees. You may also be liable for unemployment compensation taxes. You must fulfill the terms of the employment contract presented to the Embassy at the time of the visa application.

Visa Denial for your Maid

A common reason for visa denial is the legal presumption that each person applying for a visa to enter the United States is an intending immigrant or that the person is coming for an impermissible or illegal purpose.  In order to overcome this legal presumption, maid visa applicants must prove to the satisfaction of the Consular Officer that the domestic employee has a residence abroad which she has no intention of abandoning. Please bear in mind that this presumption is a difficult one to overcome. Normally this is referred to as “strong ties” to the home country or residence.

Tourist Visas B1/B2

Visitors traveling to the United States temporarily for business or pleasure typically arrive on a tourist visa. For specific purposes that are legitimate, such as for medical treatment, attend a business conference, an expo or fair, or certain types of training.

Visitors can request a notation on their tourist visa indicating the purpose of their trip in the event that a visa extension or visa change is required later on.

Tourists from certain countries and who meet certain visa requirements may not have to apply for a visa in advance if they are a national from a country that is party to the Visa Waiver Program (VWP.)  The VWP enables nationals of 36 participating countries to travel to the US for tourism or business (visitor B visa purposes only) for stays of 90 days or less without obtaining a visa. The program was established to eliminate unnecessary barriers to travel, stimulating the tourism industry, and permitting the Department of State to focus consular resources in other areas.

For individuals who are from countries not participating in the VWP, they will have to apply for a tourist visa at the US Embassy or Consulate in their country and request an interview appointment. Prospective visitor has to show strong ties, and a steady employment history, consistent income, and a valid and legitimate purpose for the trip.

The consular officer has a very short time to decide on whether the tourist applicant is qualified for the visa. The visa applicant will be questioned as to the intent and purpose of the trip, whether the applicant has violated any laws or visa violation in the past, and most importantly, the consular officer will determine based on the evidence submitted whether the applicant has strong ties to their home country.

The most frequent basis for refusal concerns the requirement that the prospective visitor possess a residence abroad he/she has no intention of abandoning. Applicants prove the existence of such residence by demonstrating that they have ties abroad that would compel them to leave the US at the end of the temporary stay. The law places this burden of proof on the applicant.

Please note: If you want to travel to the United States to study or to work, you will need a different kind of visa.

Please note: If you are in Thailand, please read here about applying for a tourist visa for your Thai girlfriend.

UPDATE: DS-160 Form is now required by the US Embassy in Bangkok, other forms will not be accepted. DS-160 Tourist Visa Application is submitted electronically and the photo is also electronically submitted. Email or call us to find out how this may affect you.

Before heading to the US Embassy with your application in hand, be prepared and review your documents. Ask yourself these questions:

• Do I have proof that I have strong ties to my home country, such as a business, dependents, employment, or family to substantiate my desire to return to my home country after my visit to the US?
• Do I have enough financial proof that I will be able to support myself during my stay wtihout having to resort to public funds or public assistance?
• Do I have a letter from the friend, company, or person sponsoring my trip to the US so to demonstrate that that person or organization would be responsible for me while I’m there?
• Do I have the time and patient to sit through an interview and respond honestly to the questions the interviewing officer will pose?

Testimonial

“Cathy Tran Reck helped my Thai girlfriend, Pam, obtain a B-2 Tourist Visa to the US.  Despite the fact that Pam does not have strong financial ties to Thailand, Cathy encouraged us to focus on my background of having worked and lived in Thailand for several years. Cathy provided extremely valuable advice to Pam and I regarding the DS-160 application, the interview process and how to provide user friendly supporting documents to the US Embassy personnel.”  (William Rowley)  Read more..

Cathy Tran Reck & Associates Ltd. can assist you in navigating through this tourist visa process with little hassle. We review your strong ties evidence, assist you in obtaining meaningful supplementary evidence, and prepare the visa applicant to respond to each question with confidence, honesty, and in a clear and concise manner.

Call us today to book an appointment. Email: info@ctrlegal.com Tel: 02 302 1448

Changes in Tourist Visas – B1 and B2

This is a good article by Brian Bolton regarding the latest changes to the commonly requested Tourist Visa, B-1/ B-2.

In Bangkok, there has been an increase in this practice to curb the recent hike in cases where the applicant’s answers at the interview are dubious. More and more information are being shared to circumvent possible ruse. An excerpt of the article is below.

Consular posts have begun inserting detailed notes in the Consolidated Consular Database (CCD) regarding the travel plans of applicants who are issued new B-1/B-2 visas, particularly in borderline cases. This practice is encouraged by new guidance at 9 FAM 41.113 N2. This same FAM provision also advises consular officers to exercise “particular care” when entering issuance notes for “odd or high profile cases”. These case notes are intended to help focus Custom and Border Protection (CBP) officers scrutiny of foreign nationals arriving at American ports of entry. By means of the notes from consular officers, CBP agents can examine travelers with regards to the information they disclosed during their visa interviews. For example, if a foreign national obtained a visa for the stated purpose of taking a two week vacation with his parents but then arrives alone at the port of entry holding a reservation for a return flight six months hence, the CCD notes can help CBP agents detect the possible ruse. Given that CBP officers do not have access to the CCD at Primary Inspection, consular officers electronic remarks are available only when the foreign national is being examined in Secondary Inspection. Knowing this, some consular officers are using a novel visa annotation (“B-2 CCD”) to subtly cue Primary Inspection officers to the possible for Secondary Inspection. The “B-2 CCD” visa annotation is a consular officers’ way of communicating to CBP officers that the CCD contains detailed notes regarding the travel plans that the foreign national outlined during the visa interview. In effect, the annotation invites CBP to examine the traveler in light of the previously stated plans; if the travelers story at port of entry does not match what was represented during the visa interview, then there may be admissibility issues. begun inserting detailed notes in the Consolidated Consular Database (CCD) regarding the travel plans of applicants who are issued new B-1/B-2 visas, particularly in borderline cases. This practice is encouraged by new guidance at 9 FAM 41.113 N2. This same FAM provision also advises consular officers to exercise “particular care” when entering issuance notes for “odd or high profile cases”.

These case notes are intended to help focus Custom and Border Protection (CBP) officers scrutiny of foreign nationals arriving at American ports of entry. By means of the notes from consular officers, CBP agents can examine travelers with regards to the information they disclosed during their visa interviews. For example, if a foreign national obtained a visa for the stated purpose of taking a two week vacation with his parents but then arrives alone at the port of entry holding a reservation for a return flight six months hence, the CCD notes can help CBP agents detect the possible ruse.

Given that CBP officers do not have access to the CCD at Primary Inspection, consular officers electronic remarks are available only when the foreign national is being examined in Secondary Inspection. Knowing this, some consular officers are using a novel visa annotation (“B-2 CCD”) to subtly cue Primary Inspection officers to the possible for Secondary Inspection.

The “B-2 CCD” visa annotation is a consular officers’ way of communicating to CBP officers that the CCD contains detailed notes regarding the travel plans that the foreign national outlined during the visa interview. In effect, the annotation invites CBP to examine the traveler in light of the previously stated plans; if the travelers story at port of entry does not match what was represented during the visa interview, then there may be admissibility issues.

US Deters Hiring of Foreigners as Joblessness Grows

As more Americans lose their jobs, the U.S. government is actively discouraging the recruitment of foreign workers, from dude ranchers and fruit pickers to lifeguards and computer programmers. At least three avenues of legal immigration have seen roadblocks erected. In the most visible and controversial move, companies receiving federal bailout money now face extra hurdles before they can hire highly skilled guest workers on an H-1B visa. On Friday, the Labor Department will close a public-comment period for a proposal to suspend an agricultural guest-worker program, known as the H-2A. The State Department is asking some sponsors of the J-1 visa — seasonal employers such as hotels, golf resorts and summer camps — to reduce dependence on foreign labor. Read the full article here.

US Visas and Immigration Services

CTR & Associates represents clients in Immigration Law by providing them a more efficient, reliable, and professional way to achieve their success at the US Embassy. Whether it is a family based immigration law matters at the US Embassy in Bangkok to the US Consulate in Ho Chi Minh City, we meet with clients to assess the facts of the case and develop a legal and practical business plan suitable to their individual needs.

As a leading American Law Firm, our U.S. Attorneys can make Administrative Processing inquiries with the local U.S. Embassy in Bangkok or in Ho Chi Minh City, provide personal immigration consultations, research local immigration laws, request a legal opinion for Thailand or Vietnam, draft/review and negotiate Prenuptial Agreements, and provide legal advice with our local Thai and Vietnamese Lawyers. Our most popular requests are Tourist Visas B1/B2, Fiance(e) K1, and Spousal Visa K3 for Immediate Relatives.

U.S. Passport & Citizenship

U.S. Citizenship is one step beyond permanent residence (Green Card). It provides the maximum immigration rights and is normally the final stage or goal for most immigrants. We can provide information on the following issues on citizenship:

• Citizenship Application N-400
• Citizenship Test Reading and Writing Requirements
• Citizenship Package Naturalization Questions
• Dual Citizenship for Yourself of Your Children
• Certificate of Citizenship, Replacement or New
• Certificate of Naturalization
• Passport Application

U.S. Visas

A visa grants the holder the right to apply for entry into the United States.

• B-1 Business Visa
• B-2 Tourist Visa
• C-1 Transit Visa
• F-1 Student Visa
• J-1 Exchange Visitor Visa
• H-1B Work Visa
• K-1 Fiancée/Fiancé Visa
• Tourist Visa Extension

Tourist Visas for Business or Pleasure B1/B2

Visitors traveling to the United States temporarily for business and pleasure, usually come as tourists or to visit family and friends. Others come for specific purposes, such as medical treatment, a conference, business meeting, or certain types of training.

Some tourists from certain countries, traveling for visitor visa purposes for 90 days or less, and who meet all the requirements, can travel to the United States for tourism or business under the Visa Waiver Program. Additionally, certain citizens of Canada and Bermuda do not need a visa to visit the U.S.

Many of these temporary visitors, traveling for the business and pleasure purposes explained above, need visitor visas to enter the United States. The type of visa you must have is defined by immigration law, and relates to the purpose of your travel. Please note: If you want to travel to the United States to study or to work, you will need a different kind of visa.

Read more here.

K1 Visas

For many American who have met their girlfriends during their holiday tour of Thailand or who have met online through various dating websites, the most confounding problem is what to do if you want to pursue your relationship in the US.  The most common questions I get from prospective client are: How can I bring my Thai fiancee to the US to get married? Do I have to marry her in Thailand or can we marry in the US? What are the financial and procedural issues I’d have to substantiate to the US Embassy?

Read more about K1 Visas here.

Visa Denials 214(b) and 221(g)

Section 214(b) is part of the Immigration and Nationality Act (INA). It states:

Every alien shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for admission, that he is entitled to a nonimmigrant status…

To qualify for a non-immigrant Tourist Visa or Student Visa, an applicant must meet certain requirements, particularly that the prospective visitor or student possess a residence abroad he/she has no intention of abandoning. Applicants prove the existence of such residence by demonstrating that they have ties abroad that would compel them to leave the U.S. at the end of the temporary stay. The law places this burden of proof on the applicant, that’s YOU.

Most cases are decided after a brief interview and review of whatever evidence of ties an applicant presents, and consulate officers only spend a minimal amount of time reviewing the file before the interview, and in some instances, none at all.

Read more about Visa Denials here.