Domestic and Personal Employees
A domestic employee applying for an A-3 or G-5 visa must present a copy of his or her employment contract in English and, if the applicant does not understand English, in a language understood by the applicant. Both the applicant and the employer must have signed the contract. The employment contract must contain each of the following provisions:
- Description of Duties
The contract must describe the work to be performed, e.g., housekeeping, gardening, child care, and must also include a statement that the domestic employee shall work only for the employer who signed the contract. - Hours of Work
The contract must indicate the normal working hours and the number of hours per week, typically 35-40 hours per week. It must also state that the domestic employee will be provided a minimum of one full day off each week. The contract must indicate the number of paid holidays, sick days and vacation days the domestic employee will be provided. - Minimum Wage
The contract must state the hourly wage to be paid the domestic employee. The rate must be the greater of the minimum wage under U.S. Federal and state law or the prevailing wage for all working hours. The contract must state that wages will be paid to the domestic employee either weekly or biweekly and state also what deductions, if any, are to be taken from the wages. - Overtime Work
The contract must state that any hours worked in excess of the normal number of hours worked per week are considered overtime hours, and that hours in which the employee is “on call” count as work hours. It must also state that such work must be paid as required by U.S. local laws. If the employee does not reside with the employer, overtime for hours in excess of 40 hours per week must be paid at the rate of time and a half. - Payment
The contract must state that after the first 90 days of employment, all wage payments must be made by check or by electronic transfer to the domestic worker?s bank account. - Transportation To and From the United States
The contract must state that the domestic employee will be provided with transportation to and from the United States. - Other Required Terms of Employment
The contract must state that the employer agrees to abide by all Federal, state and local laws in the United States. The contract must also include a statement that the domestic worker’s passport and visa will be in the sole possession of the domestic worker. In addition, the contract must state that a copy of the contract and other personal property of the domestic employee will not be withheld by the employer for any reason. - Other Recommended Terms of Employment
The contract must include a statement that the domestic worker?s presence in the employer’s residence will not be required except during working hours. The contract may include other agreed-upon terms of employment, if any, provided they are fully consistent with all U.S. Federal, state and local laws. Any modification to the contract must be in writing.