VISAS FOR DOMESTIC EMPLOYEES OF
U.S. CITIZENS, FOREIGN DIPLOMATS, AND
ALIENS IN NONIMMIGRANT STATUS

U.S. immigration law does not bestow on U.S. citizens, diplomats, or aliens in nonimmigrant status the inherent right to take alien domestic servants with them to the U.S. Under certain conditions, a domestic servant may be eligible to accompany a U.S. citizen or a nonresident alien employer temporarily assigned to the United States. However, permanent resident aliens (i.e. Legal Permanent Residents or Green card holders) are not/not allowed to bring domestic servants with them to the U.S.

Domestic servants may only work for the sponsoring employer while in the United States.

REQUIREMENTS

The applicant must establish to the satisfaction of the consular officer that he or she has a permanent residence abroad to which he/she will return after a temporary stay in the United States.

The U.S. citizen employer must demonstrate the following conditions: 

1. that he/she is subject to frequent international transfers, is returning to the U.S. as a condition of employment, and will reside in the U.S. no longer than four years.
2. The family has employed the domestic servant for more than six months, and the domestic servant has more than one year of paid experience.
3. The servant must reside in the employer’s household and will be provided free private room and board.

In addition, the applicant must bring with him/her to the interview an employment contract, drawn up and signed by both employer and servant in English and a language understood by the employee. The contract must guarantee the domestic servant will receive minimum or prevailing wage (whichever is higher) in the State in which the work will be performed and all other benefits normally required for U.S. domestic workers (including social security) plus round trip airfare. To see the current minimum wage throughout the U.S., please see this website.

Finally, as in all temporary visitor or business visas, the servant must establish to the satisfaction of the consular officer that he/she has a residence abroad which he/she does not intend to abandon, i.e., that there are strong ties to Indonesia which will compel his/her return to Indonesia. It is impossible to specify the exact form the evidence should take since applicants' circumstances vary greatly.

APPLICATION PROCESS

In Indonesia, an application for a business visa for domestic servants to go to the United States can only be made at the U.S. Embassy in Jakarta, which is located at Jl. Merdeka Selatan No. 5, Jakarta Pusat, or the U.S. Consulate General in Surabaya, which is located at Jalan Raya Dr. Soetomo 33. The Consular Agent in Bali and the U.S. Consulate in Medan can provide basic information and information about visa application forms, however, all applications for visas must be submitted to the U.S. Embassy in Jakarta or the U.S. Consulate General in Surabaya by appointment.

REQUEST AN APPOINTMENT

Applicants who wish to schedule an appointment for a nonimmigrant visa interview should first fill out the Electronic Visa Application Form. After the form has been printed out, applicants should log on to our online appointment system as follows to schedule an appointment:

- at the US Embassy in Jakarta;

- at the US Consulate General in Surabaya;

Applicants may complete the online scheduling process even when the embassy and/or Consulate General is closed. Applicants may also see an entire list of available interview dates, so they may choose the one that is most convenient for their schedule. Additionally, applicants outside of Jakarta or Surabaya will no longer need to make a long-distance phone call to schedule their appointments.

To use the sysetm, the applicant will enter into the online appointment system their electronic barcode from the third page of their application and other personal identifying information. After scheduling an appointment online, an applicant will receive an immediate confirmation of the appointment which should be printed and brought to the interview.

Appointments are scheduled workdays excluding public holidays . Appointment times are staggered; applicants should arrive at the Embassy at the time stated. Applicants who qualify for the business visa program in Jakarta can see our Business Visa Program page for more information on how to prepare for an interview.

The U.S. Embassy in Jakarta and the U.S. Consulate General in Surabaya will accommodate requests for expedited visa interview appointments on a space available basis for humanitarian reasons or for truly urgent business travel. Failure to plan adequately ahead for routine business travel does not constitute an emergency. Conferences and seminars are not normally considered emergencies. Qualified business travelers applying with an APEC Business Travel card will received expedited appointments.

Requests for expedited appointments in Jakarta can be submitted via email to jakconsul@state.gov or via fax to + 62 (21) 385 7189.  Requests for expedited appointments in Surabaya can be sent via email to consurabaya@state.gov. Please provide the passport number and a written explanation of why the travel is urgent and include contact information for consular staff to verify the claimed emergency situation. All requests must include telephone or e-mail contact information in Indonesia for the visa applicants.

If you must travel earlier than your scheduled appointment, or if you missed your appointment, you must reschedule your appointment using the online appointment system. Please do not come to the Embassy without rescheduling.

Applicants may only schedule one appointment at a time. Applicants who schedule multiple appointments on different days will only be permitted to apply for a visa on the date of their first scheduled appointment. All other appointments will be deleted from our system.

Most visa applicants must use the appointment system described above. However, applicants under 14 years old or over 80 years old may qualify for a visa without coming for an interview. Generally, the consular officer will waive the personal appearance requirement for any applicant under 14 years of age. For example, if a family is traveling on vacation to the U.S., any children under 14 do not have to accompany their parents to the visa interview. Every applicant age 14 or older must sign his or her own application form and will have his or her fingerprints scanned at the time of the interview. 

THE VISA APPLICATION AND INTERVIEW

Visa interviews are conducted directly between the consular officer and the applicant. Third parties, including lawyers, are generally not allowed to be present at the interview, though Exceptions are granted for those people who do not speak English nor Indonesian and need a translator, or for people who need physical assistance. All visa applicants between 14 and 80 years of age (except those applying for diplomatic visas) will have their fingerprints scanned at the time of the interview.

The U.S. Embassy in Jakarta and the U.S. Consulate General in Surabaya require the use of the Electronic Visa Application Form (EVAF). The EVAF is a simple, online Internet application that allows visa applicants to access, download, and fill out their visa applications on the Internet. The use of the EVAF will result in shorter lines and waiting times since visa clerks will no longer need to manually enter visa application information. Handwritten applications or those typed using a typewriter can not be accepted. 

At the visa interview, the applicant must present the following: 

• a fully completed, signed DS-156 Electronic Visa Application Form for each applicant (including one for every child);
• a completed DS-157 if the applicant is a male between 16 and 45 years of age;
• a current passport valid for at least six months (note: If more than one person is included in the passport, each person desiring a visa must make a separate application);
• expired passports that show previous travel to the U.S;
• $131 application fee, payable in Rupiah for each person (including children);
• a passport-type photograph (see photo requirements);
• a signed contract between the applicant and the employer, drawn up and signed by both employer and servant in English and a language understood by the employee showing the domestic servant will receive minimum or prevailing wage (whichever is higher) in the State in which the work will be performed and all other benefits normally required for U.S. domestic workers (including social security) plus round trip airfare.

Please note that the $131 application fee covers the expense of conducting the interview and processing the application. The application fee cannot be returned, even if the visa is denied or no application is ever filed.

The visa application will normally be adjudicated at the conclusion of the interview. Certain applicants may be required to present additional information, or to await further processing, before their applications can be finally decided. Thus, all applicants are encouraged to apply as far in advance as possible before their intended departure, so that enough time is allowed to resolve any procedural problems, should any come up.

VISA ISSUANCE

After the visa has been authorized, applicants are generally told to return two or three days later to pick up their passports with valid visas. Applicants who need their visas sooner than what the Consular Officer states should consult with the Consular Officer at the time of the interview. Please note, however, that due to the nature of the nonimmigrant visa issuance process, it may not be possible to issue a visa in a matter of hours or even overnight, no matter the emergency.

VISA PICK-UP INFORMATION

The applicant or a representative may return to pick up the passport with visa at the appointed time. If the applicant sends a representative, the representative must bring with him/her the pickup ticket and know the name of the applicants whose passport s/he is acquiring.

Applicants whose visas required additional administrative processing and whose visas are ready for processing will be contacted by consular staff at the number provided on the application

For those subject to additional processing, please see this site for further advice on entering and exiting the United States.

THE VISA

All those who receive a U.S. visa should check the accuracy of all the data on the visa, including name, date of birth, passport number, gender, and photo. Advise Consular Section personnel of any errors.

VISA VALIDITY

In general, B1 visas vary in duration from one entry and one month's duration to multiple entries and ten years' duration (for Indonesian citizens, the maximum validity is five years). Some B1 visas are annotated to note a specific purpose of your trip to the U.S. The expiration date of the visa notes the last day you may use the visa to apply to enter the United States. The expiration date is not the last day you are allowed to remain in the U.S. Every time you plan to travel to the U.S, remember to assure your passport is valid for at least six months from the time you plan to depart the U.S. However, you may travel with two passports -- one expired passport with a valid visa and a new passport.

INTERVIEW AT PORT OF ENTRY

A valid B-1 visa does not guarantee you will be allowed to entry the United States. A U.S. immigration officer who will interview you when you arrive in the U.S. will determine if you are eligible to enter the U.S. In the event the immigration officer finds you ineligible, you will not be allowed to enter and will be ordered to return to your country. When you enter the U.S., the immigration officer will take your picture with an electronic camera and scan your fingerprints again.

DURATION OF STAY IN THE U.S.

The immigration officer who interviews you at the U.S. port of entry (where you arrive in the U.S.) will usually note the period of time you are allowed to remain in the U.S. Your visa does not allow you to remain in the U.S. for a period of five years. You are expected to leave before the period stamped at entry expires unless you request an extension of stay from the nearest Department of Homeland Security (DHS) office.

IN THE UNITED STATES

Foreign Nationals in the United States on B-1 status as domestic employees are authorized to work for that employer only. They may not work for anyone else.

We hope you enjoy your visit to the United States!

Still confused? Please check out our most frequently asked questions page. Or, for more information, please contact one of our visa assistants by phone at + 62 (21) 3435-9000, by e-mail at jakconsul@state.gov or by fax at + 62 (21)385-7189.