The Department of State (“DOS”) issued a cable, which updates a provision of the Foreign Affairs Manual that deals with personal/domestic employees of U.S. citizens on temporary assignment in the United States. The cable advises that the length of stay for a qualified employee is increased from FOUR to SIX years.
In general, to qualify, the personal/domestic employee must accompany, or follow to join, a U.S. citizen employer temporarily assigned to the U.S. Certain conditions must be met to the satisfaction of the consular officer, in order to permit the issuance of the visa, namely:
- The employee must have a residence abroad to which he/she intends to return;
- The foreign national has been employed abroad by the U.S. employer for at least six months prior to the employer’s admission to the U.S., OR the employer can show that while abroad he has regularly employed someone in the same capacity;
- The foreign national can demonstrate at least one year experience as a domestic or personal worker; and
- There exists an employment contract between the foreign national and the U.S. employer containing certain specified conditions.
To qualify as a U.S. employer, a person must be subject to frequent international transfers, lasting two years or more as a condition of the position, and be returning to the United States for a stay of no more than six years. This visa is used most often by personal/domestic employees of U.S. government personnel subject to foreign assignments, or U.S. employees of global corporations.