U.S. Consulate & Visa trip.

It went well, so I thought I would share it.

This is about our trip to the U.S. Consulate, to get a visitor?s visa for our kids Nanny.

My wife wanted to take her, along with the family, for the holiday vacation.

The Nanny, is a 21 year old, single woman, no kids, no property, no bank account.
She has lived & worked for us, for over 2 years, full time, and longer part time, before that.

So I started asking questions, and searching the internet, all the while, being mindful, how this would most likely end.

I stumbled across a web site, clearly aimed at instructing, U.S. Embassy personnel, how to do, exactly what we had in mind. Step by Step.

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Bringing a Nanny to the United States while on Temporary Assignment to the United States

So I printed everything out, and actually used the 2 pages from that site, as my step by step game-plane, checking each item off, as we went through the whole process.

The 1st thing we did was make a trip to the U.S. Consulate in SD, fully prepared , only to find out, that we needed to go to a Banco Popular Office, with a little slip of paper, and pay $100. U.S. Dollars, and they would then give us an appointment.

All that work, getting ready, and in 5 minutes we were on our way home again. :speechles

We paid for the appointment, and waited 1 month, to go back.

When we went back, for the appointment, I had my driver drop us off, and told him, I would call, when we were ready.

We stood on line for about 20 minutes and we were sent in, through the front door.
1st problem we had, was I carry a cell phone, with a camera built in, they are not allowed in, a regular cell yes, this one- no.

We entered and submitted the application, after asking a security guard at a nearby condo complex to hold the phone for us. It seems, every one & their mother knew about that rule, even though, nothing is posted about it.

From there, we were told to go sit in the back, and wait to be called.
The room filled up quick, and we were sitting the closest to the #1 of 5 windows.

I would say about 150 to 200 people, were waiting to be called.
We sat and listened to everybody called too window #1, and for 3 hours, every single person who was called to that window, was told politely, they did not qualify.

I formed an opinion, in my mind, that the Blond Woman, at #1, must get all of the automatic No Visa?s.

I was shocked when they called us to window #1. :dead:

She asked for our Nanny?s, passport, and then asked if she was here for a visa.
She then asked if I spoke English, and asked me for my passport.

After asking me some questions, she asked our Nanny 2 questions, and then asked me the same 2 questions, in English. Once I finished answering them, she explained to me, my responsibilities, and handed us a little tiny pink slip, with a # on it, and said to come back at 3pm to pick up, her passport. :bunny:

We picked up the passport, and typed right on the peel & stick page, that is the Visa, it said
Domestic Employee/Nanny.
Restrictions, Travel limited to XXXXXX Family. With my last name, in front of Family.

I was surprised, that it took all of 5 minutes, for the interview.
And that I had defiantly over-prepared for the interview.
Bank-Statements, property deeds, etc, etc, etc. were not requested.

I am glade it went the way it did, but I was a little disappointed, that with all of the home-work, photo-copying, and time spent, getting everything together, I was not asked for very much of it. It was like getting ready for the finals, and getting a quick 10 question, Yes or No, pop quiz.

9 FAM 41.31 N6.3-2 Personal/Domestic Employees of U.S. Citizens on Temporary Assignment in the United States.

(TL:VISA-371; 03-15-202)

a. Personal or domestic employees who are accompanying or following to join U.S. citizen employers temporarily assigned to the United States provided the consular officer is satisfied that:

(1) The employee has a residence abroad which he or she has no intention of abandoning.

(2) The alien has been employed abroad by the employer as a personal or domestic servants for at least six months prior to the date of the employer?s admission to the United States.

(3) In the alternative, the employer can show that while abroad the employer has regularly employed a domestic servant in the same capacity as that intended for the applicant.

(4) The employee can demonstrate at least one year experience as a personal or domestic servant by producing statements from previous employers attesting to such experience; and

(5) The employee is in possession of an original contract or a copy of the contract, to be presented at the port of entry, which contains the original signatures of both the employer and the employee

b. The U.S. citizen employer is subject to frequent international transfers lasting two years or more as a condition of the job as confirmed by the employer?s personnel office, and is returning to the United States for a stay of no more than four years. The employer will be the only provider of employment to the domestic employee, and will provide the employee free room and board and a round trip airfare as indicated under the terms of the employment contract; and

c. The required employment contract has been signed and dated by the employer and employee and contains a guarantee from the employer that in addition to the provisions listed in item (b) above, the employee will receive the minimum or prevailing wages which ever is greater for an eight hour work day. The employment contract shall also reflect any other benefits normally required for U.S. domestic workers in the area of employment, The employer will give at least two weeks notice of his or her intent to terminate employment, and the employee need not give more than two weeks notice of intent to leave the employment.

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Step One
Visa Issuance:

Apply for an annotated B1 visa for your nanny / household worker through the U.S. Embassy or Consulate at post. You will need to provide an employment contract with original signatures by both you and the household worker. The guidelines for an employment contract are found in 9 FAM 41.31 N6.3-2 Servants of U.S. Citizens on Temporary Assignment in United States (TL:VISA-14; 8-30-88). This contract must be presented at the port of entry when the household worker enters the United States.

9 FAM 41.31 N6 3-2 can be found at:
Intranet: http://arpsdir.a.state.gov/fam/09fam/0941031N.doc
Internet: http://www.foia.state.gov/FAMDIR/masterdocs/09fam/0941031N.pdf

Please note that the length of the visa has no bearing on how long your household worker initially will be authorized to stay in the United States by the Immigration Inspector at the port of entry. The B-1 visa allows your household worker to request entry at the U.S. border during the time frame noted on the visa. For instance, your household worker can enter one day prior to the date the visa expires and stay for the length of time the Immigration Inspector at the port of entry (Passport Control) decides. Anyone approaching the U.S. border is from then on under the auspices of the Department of Homeland Security?s U.S. Citizenship and Immigration Services (USCIS).

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Step Two
USCIS Issuance of I-94 form at point of entry into the United States:

At the point of entry into the United States, the USCIS issues an I-94, which is usually stapled into the household worker?s passport. Upon entering the United States, your household worker should inform the inspecting officer that he or she is part of the diplomat?s household staff and requests admission for a six-month period.

As noted above, the household worker should also present an original copy of the employment contract at the port of entry. Pay attention to the expiration date on the I-94. This tells the entrant what date he/she must depart the country. This date may not necessarily coincide with the date the family has intended to leave or the termination date of the employment contract. Also, this date is not the date reflected in the expiration date noted on the B1 visa.

If you intend to have your household worker remain with you beyond the expiration date on the I-94, you must apply for an extension before the I-94 expires. DO NOT LET THE I-94 EXPIRE. Renew it before the expiration date. The USCIS will not renew expired I-94s. For renewal of I-94 forms, see Additional Information (noted below).

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Step Three
Application for an Employment Authorization Document (EAD):

In order for your household worker to work legally in the United States, you also have to file an I-765 Application for Employment Authorization.

General Information about the EAD - http://uscis.gov/graphics/howdoi/ead.htm.
Instructions for the I-765 - http://uscis.gov/graphics/formsfee/forms/I-765.htm.

Actual Form ? http://uscis.gov/graphics/formsfee/forms/files/I-765.pdf

In response to question 16 on the form, B1 visa holders should enter "Section 274a.c(17)(ii)."

You can fill out the form online, but can not submit the form online. Please be aware that once the form is filled out online, you can not "save" the form to your personal computer. You must print it and submit the printed version to the appropriate USCIS office. OR you can print the form off the web site, then fill it out by hand or by typewriter. Where to File: See Part 5 of the instructions.

On page 7 of the form, under the category c (17), it lists the Service Centers, depending on where you live, for submitting the form.
The processing fee is $120. It is essential that you have the valid employment contract between you and your household worker attached to the application. Fill out the form completely, following the directions.
Please consult the "Paying Fees" section of your local office or Service Center

http://uscis.gov/graphics/fieldoffices/statemap.htm page to learn which forms of payment are accepted. Acceptable forms of payment may vary by office.

After the request has been approved, your household worker will receive an employment authorization card in the mail.

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Step Four
Applying for a Social Security Number:

Once your household worker has the EAD, he/she may apply for a social security number through your local Social Security Administration (SSA) office in the United States.

For further information please visit the SSA?s web site at http://www.ssa.gov. Information on household workers is located at http://www.ssa.gov/pubs/10021.html

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Step Five
Tax issues:

The Family Liaison Office does not provide tax information, as everyone's taxes are different according to which county/state you live in. The employer must provide his/her household worker with a W-2 Wage and Tax statement form at the end of each tax year and transmit a copy to the Social Security Administration. The W-2 form shows the total compensation paid to your household worker, and his/her share of Social Security and Medicare taxes. It will also show any income tax payments withheld.

Many Foreign Service personnel who bring a household worker back to the United States under a B1 visa leave the tax reporting to their accountant!
For further information, please read the "IRS Publication - 926 Household Employer?s Tax Guide " available on the IRS web site at http://www.irs.gov/pub/irs-pdf/p926.pdf

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Step Six
Health Insurance:

The Department of State does not endorse any individual insurance company. Please check with your own health insurance policy holder and others to see what they may offer. Be sure to check any age limitations when reviewing policies.

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Step Seven
Application to extend the I-94 (It is crucial that the I-94 is not allowed to expire!!!):

The household worker has to file an I-539 form, "Application to Extend/Change Nonimmigrant Status." The form can be downloaded from the USCIS web site at http://uscis.gov/graphics/formsfee/forms/i-539.htm.

The fee, as of January 1, 2004, is $140. Please note that as long as you have applied before the expiration date on the I-94, your household worker remains legally in the United States until the extension is granted or denied. It is important to attach the employment contract to this application as well as to the I-765.
Revised February 2004

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Robert
Congratulations.

I'm sure all that prep work paid off. At least the person at the counter knew you did your homework and was serious.

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