Ask the Consul
Domestic Employees of Foreign Nationals in Non-Immigrant Status
Frequently the US
Consular Section receives various questions from persons who would
like to obtain a visa for their domestic employee. An important
question has to do with the contract signed between the employer and
the domestic employee, where they agree that the employer must pay
his employee the US minimum salary wage during their stay in the
US. What happens if the employer doesn’t meet this requirement?
Employers are required to comply
with all aspects of the domestic employee contract—this includes paying minimum
wage and ensuring that the domestic employee works only for the employer and not
another family member while in the U.S. Any employer who does not comply with
the domestic employee contract is breaking U.S. law and may jeopardize the
ability to take domestic employees to the U.S. in the future. There may also be
ramifications for the employer’s visa if she or he does not comply with this
law.
In addition, if the domestic
employee is in the U.S. for significant amounts of time with the employer (e.g.,
if the employer is in the U.S. on a work-related visa), the employer is also
responsible for obtaining an Employment Authorization Document, making social
security payments, and ensuring that the employee files an income tax return.
Please see Embassy website at
http://www.usemb.gov.do for additional information. | 
