Embassy of the United States Jakarta, Indonesia

A domestic helper may be eligible for a business visitor (B1) or diplomatic (A3 or G5) nonimmigrant visa to accompany their employer for a temporary stay in the U.S.  In addition to all normal visa requirements, the domestic helper and the employer must  follow U.S. labor laws while in the United States. 

A domestic employee must bring the following documents to their interview:

• A valid work contract,
• Copy of the employer’s U.S. visa or U.S. passport,
• Proof of payment for previous trips to the U.S.

The work contract must be in both English and Bahasa Indonesia, and must contain the following elements:

• A description of the duties in the U.S.;
• The number of hours to be worked each week; generally 35-40 hours per week.
• The number of paid holidays, vacation and sick days per year;
• The regular day(s) off each week;
• The hourly rate of pay, which must be at least the prevailing or minimum wage per hour under Federal law (whichever is greater) where the applicant will be employed, and for all hours of duty. Wages must be paid to the domestic employee either weekly or biweekly.  Current minimum wages throughout the U.S. are at http://www.dol.gov/esa/minwage/america.htm;
• All hours worked in excess of the allowable hours per week/day, including hours on-call, are considered overtime.  Employers must adhere to both Federal and state laws in regards to overtime wages and must specify the overtime rate in the contract;
• The contract must state whether reasonable deductions are taken from the wages.
  • When the employer is  a foreign diplomat, employers may only deduct 20% of the employee’s wages, based on U.S. minimum wage, for 3 meals daily; live-in domestic helpers, under prevailing practice, receive free room and board in addition to their salary and housing may not be deducted from employee’s wages;
  • When the employer is not a foreign diplomat, domestic helpers must receive free room and board;
• The employer will ensure that the domestic helper does not become a public charge while working for the employer;
• The domestic helper will not accept any other employment while working for the employer;
• The employer will not withhold the passport of the domestic helper;
• Both parties understand that the domestic helper cannot be required to remain on the premises after working hours without compensation;
• The employer must pay the domestic helper’s initial travel expenses to the U.S., and subsequently to the employer’s onward assignment, or to the domestic helper’s country of normal residence at the termination of the assignment.
• All wage payments must be made by check or by electronic transfer to the domestic worker’s own bank account.
• The employer agrees to abide by all Federal, state and local laws in the United States. 

The domestic helper must assure us, and show proof, of the following conditions:

• The domestic helper has a life abroad that he or she has no intention of abandoning.
• The domestic helper can demonstrate experience as a personal or domestic helper:  six months for employees of U.S. citizens, one year for employees of non-U.S. citizens; or the employer can demonstrate that he or she has regularly employed domestic helpers for several years previously.
• Domestic helpers may only work for the sponsoring employer while in the U.S., not for any other person or organization.
• If renewing a visa, domestic helpers must provide a recent IRS 1040/W2, pay slip, bank documents or other evidence to confirm that the employer has complied with contract salary requirements.
• The domestic helper must provide a copy of the employer’s passport and visa with the domestic helper’s visa application.
• The employer has the financial capacity to pay the domestic helper’s salary and other costs.
• Please note: For all future U.S. visa applications, the employer must show proof of payment directly to the domestic employee’s bank account.