Temporary travelers to the United States and U.S. citizens who have their primary residence abroad and will travel temporarily to the U.S. may accompany their domestic employees to apply for a B1 (business travel) visa specifically for domestic employees if the following minimum conditions are met:

• The employee has been with the family for at least one year (or) the family has a history of having similar employees in the past
• The employer and employee have reviewed and signed a contract. The contract must stipulate the following:
• Number of hours to be worked per week;

1. Hourly wage that is at least the minimum wage of the state where the family will be traveling (requirement of U.S. labor law);
2. Overtime pay of 1.5 times the hourly rate for any work in excess of 40 hours during a given week;
3. A promise by the employee not to accept any other employment while working for the employer;
4. Promise by the employer to not withhold the passport of the employee;
5. Guarantee of free room and board, round trip airfare, and any other benefits normally required for U.S. domestic workers in the area of employment (e.g., overtime, social security, etc); and
6. Guarantee that the employer will cover incidental costs that the employee incurs, such as medical care, at all times during his/her stay in the United States.
7. The contract must be printed in english and in the empoyee's native language. Check templates for the contract in both spanish and english.

• Employers must demonstrate their ability to pay the employee based on the conditions of the contract. You can determine the minimum wage rate in your destination in the United States.

The employee will be interviewed by a consular officer and a decision will be made whether or not the individual qualifies. The employee should arrive at the interview prepared to answer detailed questions about the contract as well as their employment history and relationship with the family.

If the visa is issued, employers must comply with the terms of the contract. For example, if it is discovered that the wage indicated in the contract was not paid, it will adversely affect not only future applications for that employee, but could also have negative implications for the employers’ visas. The purpose of the employee’s presence in the U.S. is only for work related to the immediate family of the employer who reside outside the U.S., and related to the contract upon which the application is based.

Additional Requirements for Domestic Employees Traveling for Longer-Term Employment (four months or longer)

Foreign nationals traveling on work visas (holders of L, H1B, O, P1, and various other types of visas), and American Citizens with their residence abroad who will travel to the U.S. on a temporary assignment (no more than four years) with a future onward overseas assignment anticipated may request that a domestic employee accompany them on a longer-term basis, with visas for domestic employees generally renewable each year of the employer’s work contract in the United States. All conditions listed above apply, with the following additional actions required upon arriving to the United States:

1. Pay close attention to the expiration date on the I-94 document received by the employee upon entering the U.S. from Immigration officials. Employers can request an extension of this period prior to the expiration date from USCIS. The I-539 form to apply for an extension of this period should be submitted along with the employment contract and a copy of the EAD.
2. Apply for an Employment Authorization Document (EAD)
3. General information about the EAD and required fees can be found in the USCIS site.
4. Instructions for the I-765 PDF 146.7Kb (Application for Employment Authorization)
5. The actual form can be completed online but must be printed and submitted at the USCIS office indicated in the instructions.
6. Apply for a Social Security Number at the local Social Security Administration office.
7. Provide employee with W2 Wage and Tax Statement at the end of each tax year and submit a copy to the Social Security Administration. For further information on tax issues for domestic employees refer to the IRS website.
8. Provide suitable medical coverage (insurance or employer-paid) for the employee while in the United States.

If you wish to visit the U.S. as a working journalist (“I” visa), or are traveling for your work as a crewmember aboard commercial transport (“C1/D” visa), you will need to bring a letter from your employer or sponsor stating the purpose of your travel.  Journalists should also bring evidence of their professional credentials in addition to the aforementioned tourist visa (B1/B2) requirements.

If you are applying for both a C1/D and a B1/B2 visa at the same appointment, you only need to fill out one DS-160 form (for the crewman visa) and pay one consular fee of USD 140.00 at Banco Provincial in order to apply for both visas.  This only applies to the C1/D and B1/B2 visa combination, for applicants applying for both visas during a single appointment.

All documentary or other evidence necessary to demonstrate that the applicant meets the requirements for Treaty Trader or Treaty Investor status under 9 FAM 41.51 (PDF 242K).

Such evidence may include but is not limited to evidence that:

• The individual and/or business possess the nationality of the treaty country.
• The activities constitute trade within the meaning of the Immigration and Nationality Act, specifically INA 101(a)(15)(E).
• Such trade is substantial.
• Such trade is principally between the United States and Venezuela.
• The applicant, if an employee, is destined to an executive or supervisory position or possesses skills essential to the firm’s operations in the United States.
• The applicant intends to depart the United States when E status terminates.

Please refer to 9 FAM 41.51 (PDF 242K), to see a list of related documents to bring to the interview.

F, M Student Visas:

The original Form I-20 or I-20 M issued by the school in the U.S., your grades, and the financial documents of the person(s)   paying all costs while you are in the U.S.

J Cultural Exchange Visa:

The original DS-2019 form and all supporting educational, employment or financial documents.

***Information for F, M, and J visa Applicants***

In order to fund additional improvements to the SEVIS system and school verification process, the Student and Exchange Visitor Program (SEVP) published a final rule increasing fees for F, M, and J travelers and sponsoring schools, which goes into effect October 27.
Fees for nonimmigrant (F and M) students will increase from USD 100 to USD 200, and fees for most exchange visitor (J) travelers will increase from USD 100 to USD 180.
Au Pairs, Camp Counselors, and Summer Work/Travel J visa travelers continue to pay a reduced fee of USD 35. Government-sponsored exchange visitors continue to be exempt from the fee. F, M, and J dependents do not need to pay the fee.

- I-129 packet and all documents supporting the petition application.

- Original Form I-797, Notice of Action / Approval or mail notice of approval of the I-129 (sent to the applicant by the prospective employer in the United States after approval of the request).

- Evidence of academic qualifications or credentials for your occupation.

Original financial documents for the last 3 years, including:

- Business license for both Venezuela to the United States, including occupational license.

- Payroll of the company, both in Venezuela and the United States, including the name, title, company seniority and salary of all employees, including the applicant.

- State balance sheet and profit and loss for the last three (3) years.

- Photos of the building and / or offices.

***Information for L and O Visa Applicants***

The non-blanket L visa category and the O visa category require additional screening and the application involves a two step process.  The first step is delivering the supporting documents (usually the I-129 packet) to the Consular Section.  Supporting documents are delivered to the Consular Section on the Tuesday of the week prior to the appointment date.  The second step is the actual appointment when you will be interviewed by a Consular Officer.  This typically occurs the following week.  When calling to make your appointment, the Call Center will provide specific dates for both appointments.

For more information on K visas please visit the Immigrant Visa section of the website.

Documentation Needed - When Seeking to Travel for Medical Treatment

In addition to all of the documentation requirements explained above, the following documentation is also required, for persons seeking medical treatment in the U.S.:

• Medical diagnosis from a local physician, explaining the nature of the ailment and the reason the applicant requires treatment in the United States.
• Letter from a physician or medical facility in the United States, expressing a willingness to treat this specific ailment and detailing the projected length and cost of treatment (including doctors’ fees, hospitalization fees, and all medical-related expenses).
• Statement of financial responsibility from the individuals or an organization that will pay for the patient’s transportation, medical and living expenses. The individuals guaranteeing payment of these expenses must provide proof of ability to do so, often in the form of bank or other statements of income/savings or certified copies of income tax returns.