B1 domestic employee visa is for employees of US citizens residing overseas and foreign nationals on temporary assignment in the US for not more than 4 years. The longer a B1 domestic employee visa applicant has worked for their employer, then the higher the chances are for approval. The US Embassy will generally refuse B1 domestic visa employee visa applicants that have worked for their employer for less than 1 year. The requirements for a B1 domestic employee visa are as follows:
- Maintains a residence abroad that they have no intention of abandoning;
- Demonstrate at least one year domestic work experience;
- Employed by the employer for at least one year prior to the employer’s date of admission into the United States or if the employer-employee relationship existed for less than one year, the employer must demonstrate that they have employed domestic servants over a period of several years preceding the domestic employee’s visa application.
- Comply with home country’s laws for citizens going to work abroad (please note these laws vary from country to country); and
- After arrival in the US, apply for Employment Authorization Document (EAD), Social Security Number and Extensions of Stay with the USCIS.
- Must be on temporary work assignment to the US and subject to frequent transfers as part of employment or business;
- Signed an employment contract with the employee which guarantees the employee minimum wage, medical insurance, free room & board and payment of travel expenses to / from the US;
- Employer will be the only provider of employment to the domestic employee;
- Must apply for IRS Employer Identification Number (EIN);
- Withhold taxes and social security; and
- Provide worker’s compensation insurance if required by the State of residence.