USA Domestic Employee Visa: B-1, A-3 and G-5 Eligibility & Contract Rules

Which U.S. Visa Applies to a Domestic Employee?

Domestic work may include duties commonly performed by cooks, butlers, chauffeurs, housemaids, nannies, gardeners, personal attendants and similar household employees. Classification depends on the legal requirements, not simply the job title.

B-1 Domestic Employee Visa: Eligibility

Under INA §101(a)(15)(B), 22 CFR 41.31 and current Department of State guidance in 9 FAM 402.2-5(D), a domestic employee may qualify for B-1 status only in specified circumstances.

A personal or domestic employee accompanying or following a foreign-national employer who is seeking admission to, or already in, the United States in qualifying nonimmigrant status may be eligible when the applicable conditions are met. Current guidance includes employers in B, E, F, H, I, J, L, M, O, P, Q and TN status.

• The employee must have a residence abroad that the employee does not intend to abandon.
• The employee must generally demonstrate at least one year of experience as a personal or domestic employee.
• The prior employer-employee relationship, or the employer's established history of employing domestic workers, must satisfy the applicable State Department criteria.
• The employee must have a qualifying written employment contract in a language the employee understands.
• The employee may work only for the employer identified under the qualifying domestic-employee arrangement.

Domestic Employee Accompanying a U.S. Citizen Employer

A domestic employee may qualify for B-1 classification when accompanying or following a U.S. citizen who is travelling temporarily to the United States and whose permanent home or regular station is abroad, provided the applicable conditions are satisfied.

Current State Department guidance generally requires the employee to have a residence abroad that will not be abandoned, at least one year of domestic-work experience, and either at least six months of prior employment abroad by that employer or proof that the employer regularly employed a domestic worker in the same capacity while abroad.

U.S. citizen on temporary assignment in the United States

Special rules also address a U.S.-citizen employer who is routinely stationed abroad and is subject to frequent international transfers of two years or more as a condition of employment. Current guidance provides that the qualifying temporary stay in the United States may not exceed six years.

Can a Green Card Holder Bring a Domestic Worker on B-1?

No. Current Department of State guidance states that U.S. lawful permanent residents, including conditional permanent residents, may not employ a foreign national in B-1 domestic employee status because the employer is permanently resident in the United States.

B-1 Domestic Employee Contract Requirements

The employment contract should be written in a language understood by the employee and signed and dated by both employer and employee. The precise contractual provisions depend on the B-1 domestic-employee category, but current guidance requires important protections such as:

• The employer will be the employee's only provider of employment in the United States.
• Free room and board will be provided.
• The employee will receive the greater of the applicable minimum or prevailing wage under federal, state or local law.
• The employer will provide required travel, including initial travel to the United States and return/onward travel as applicable.
• For qualifying U.S.-citizen-employer cases, the contract includes required notice provisions for termination.
• The contract reflects other legally required benefits applicable to domestic workers in the place of employment.

The employee should keep a copy of the employment contract and should not surrender a passport or personal documents to the employer.

A-3 and G-5 Visas for Domestic Employees

A personal employee, attendant, domestic worker or servant of an employer classified A-1 or A-2 generally requires an A-3 visa. A personal employee of an employer classified G-1 through G-4 generally requires a G-5 visa. These employees cannot substitute a visitor visa or the Visa Waiver Program for the required A-3 or G-5 classification.

A-3 and G-5 applicants must apply outside the United States and are normally interviewed by a consular officer. A written employment contract must be presented. The employer must demonstrate that lawful wages and working conditions will be provided, and the applicant must establish the intent and ability to perform the contracted domestic duties.

TOMIS Pre-Notification for A-3 and G-5 Applicants

Under the State Department guidance updated in July 2026, most A-3 and G-5 applicants must be pre-notified to the Office of the Chief of Protocol or, where applicable, the U.S. Mission to the United Nations, and listed in the Office of Foreign Missions Information System (TOMIS) before visa issuance.

If an applicant who is required to be in TOMIS is not listed as pre-notified or active, the case may be refused under INA §221(g) pending completion of the required notification. A diplomatic note alone does not replace a required TOMIS entry.

An important exception applies to certain A-3 and G-5 applicants accompanying an employer on a temporary assignment of less than 90 days; those cases are not generally subject to the TOMIS pre-notification requirement described above.

Contract Requirements for A-3 and G-5 Domestic Employees

An A-3 or G-5 visa may not be issued or renewed without an employment contract that meets State Department requirements. The contract must be in a language understood by the applicant, must be signed by both employer and employee, and must describe the bona fide domestic employment arrangement.

Documents for a Domestic Employee Visa Application

Exact requirements vary according to classification and the embassy or consulate. Typical items include:

• Completed DS-160 Online Nonimmigrant Visa Application.
• Passport valid for travel to the United States, subject to applicable passport-validity agreements.
• DS-160 confirmation page.
• Qualifying employment contract signed by employer and employee.
• Evidence of previous domestic-work experience where required.
• Evidence of the employer's U.S. immigration or official status.
• Evidence supporting the genuine employer-employee relationship.
• For A-3/G-5 cases, required diplomatic or official documentation and TOMIS pre-notification where applicable.

A-3 and G-5 applicants should follow the specific instructions of the U.S. embassy or consulate and the relevant foreign mission, international organization, Office of the Chief of Protocol or U.S. Mission to the United Nations.

Rights and Protections for Domestic Employees

Applicants should read and understand the Department of State's worker-rights information before travel. Protections address matters such as lawful wages and working conditions, trafficking, forced labor, exploitation, sexual assault, extortion and retention of passports or personal documents.

An employee should keep possession of the passport and a copy of the employment contract. A worker who experiences abuse or exploitation may seek assistance through the resources identified by the U.S. government.

Official U.S. Government Resources

Similar USA Domestic Employee Visa Pages

• Domestic Employee Visa for USA: B-1, A-3 and G-5 qualifications and conditions
• How to apply for a Domestic Employee Visa for USA: B-1, A-3 and G-5 application procedure
• Supporting documents required for B-1, A-3 and G-5 Domestic Employee Visas

Important Note

Visa rules, screening procedures, wage requirements, consular procedures and documentary requirements can change. Applicants and employers should verify the latest instructions from the U.S. Department of State, the relevant U.S. embassy or consulate, and-where applicable-the Office of the Chief of Protocol or U.S. Mission to the United Nations before applying. This page provides general information and is not a substitute for case-specific legal advice.