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US visa for helper for holidays

  1. #1
    kellyst is offline Registered User
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    US visa for helper for holidays

    I'm planning on bring helper for a visit to the US in July. Have found a thread earlier that the application for visas for them shouldn't be that difficult but in looking up the US Consulate website..

    i found the following. all is okay except for pt. 4, mentioning about the US employment contract. does any one has experience in applying for their domestic helper? do i just ignore this thing in pt. 4?

    does any one else have experience in trying to get a visitor visa for helper lately?

    thanks,


    Requirements:
    1. Follow the procedures for applying for a non-immigrant visa. For information on the procedures, click here.
    *
    2. Please bring your current Hong Kong employment contract.
    *
    3. Bring a copy of your employer's visa or other method they will use to enter the United States (copy of their Visa Waiver country passport or U.S. passport).
    *
    4. Bring two signed copies of a U.S. employment contract that contains the following elements (one copy will be returned to successful applicants and must be presented at the U.S. port of entry):
    *
    The employer will be the only provider of employment for the employee.
    *
    The employer will provide free room and board and round-trip airfare.
    *
    The employee will receive the minimum or prevailing wage (whichever is higher) for an eight hour day as well as 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 intent to terminate employment and the employee will give not more than two weeks notice of intent to leave employment.
    *
    Overtime pay (time and a half) is calculated for work hours exceeding eight in a day or 40 in a week.
    *
    5. Bring any documentation that demonstrates proof of a residence abroad, that the employee has, no intention of abandoning. Be prepared to answer questions about your situation in Hong Kong.

  2. #2
    rani's Avatar
    rani is offline Administrator
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    Kelly,

    I don't think you can ignore pt 4. I've heard that a HK Employment contract is not valid and you have to sign a US contract and pay her US min wage even while on holiday. A family friend took their helper to the US for their daughter's delivery. She was able to get the visa for her. But the 2nd time she wanted to take her to the US, the immigration asked her for salary receipts to proove that she had received US min wage the last time.
    Founder of GeoBaby.Com

  3. #3
    kellyst is offline Registered User
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    you mean received US min wage WHILE she's in the US? or all along? so maybe it's not worth bringing her, with all the trouble, sounds very serious with a 'US contract'... hmm..

  4. #4
    rani's Avatar
    rani is offline Administrator
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    Yes, you have to pay US min wage while she's in the US. Also, she can only work X amount of hrs/week and anything extra is overtime.
    Founder of GeoBaby.Com

  5. #5
    Bear Lau is offline Registered User
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    I brought my helper to US last Oct.
    When we apply for the visa, I sort of ignore point 4 and my helper told me the officer who interviewed her asked her about the salary, she told him it is being taking care.
    For me, we were really lucky (and don't really know why !!) She got a visa within a week and was a 2 years multi-entries visa. When she have the passport back, there was a memo attached with the detail of the employment rights on it.
    Bear Lau:

  6. #6
    kellyst is offline Registered User
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    Bear Lau,

    thx.. good to hear at least there's some success cases. so i think it really depends on the processing officer, quite typical of immigration anywhere i guess.

    i was giving up on it.. now i think maybe it's worth giving it a try? we're definitely not doing something as elaborate as a US contract...
    thanks anyways...

  7. #7
    Bear Lau is offline Registered User
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    Kellyst,
    I got at least 4-5 friends got the US visa for their DH sucessfully, so be positive.

    Good Luck.

    Bear Lau
    Bear Lau:

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