Domestic Worker Visa

[AlbertoSM 0]

I am Mexican, and have a full time babysitter for my kids. We have traveled with her to the US several times. She had, until last May, a B1/B2 visa for domestic worker. The Visa clearly states that she is to travel with me or my family. Last month, she got her "regular" B1/B2 visa. We are traveling with her to the US for NYE. Do I need to renovate her "Domestic Worker" Visa? In that case, will there be an issue if she has two B1/B2 visas?

[Russ&Caro 1,549]

I haven't heard the word "renovate" used in conjunction with visas, but it does seem like a good idea to renew or renovate her old b1/b2 visa to allow her to work on your behalf while she is accompanying you. Her new b1/b2 probably does not allow that. I wouldn't think there would be any problem with having two different visas. She would use the domestic worker one when she is with you and the new one when she is a tourist, alone, in the USA.

[AlbertoSM 0]

Thank you so much! Sorry for the "Spanglish".

[jan22 3,056]

On 9/5/2018 at 3:43 PM, Russ&Caro said:

I haven't heard the word "renovate" used in conjunction with visas, but it does seem like a good idea to renew or renovate her old b1/b2 visa to allow her to work on your behalf while she is accompanying you. Her new b1/b2 probably does not allow that. I wouldn't think there would be any problem with having two different visas. She would use the domestic worker one when she is with you and the new one when she is a tourist, alone, in the USA.

You cannot have two of the same category of visas at the same time.  She has a B1/B2 visa, so she cannot get another B1 -- for any reason.

 

She can, however, use the B1 portion of her B1/B2 visa to enter with you as she has in the past. You just need to be very clear at immigration that she needs a B1 entry and not a B2, explaining that she is coming with you to care for the children. I would also urge you to have the required contract between the two of you available for immigration anytime she is entering with you.  Immigration will be able to see her prior entries as your domestic employee, so that should help.

Edited September 7, 2018 by jan22

[Boiler 45,928]

On 9/7/2018 at 10:30 AM, jan22 said:

You cannot have two of the same category of visas at the same time.  She has a B1/B2 visa, so she cannot get another B1 -- for any reason.

 

She can, however, use the B1 portion of her B1/B2 visa to enter with you as she has in the past. You just need to be very clear at immigration that she needs a B1 entry and not a B2, explaining that she is coming with you to care for the children. I would also urge you to have the required contract between the two of you available for immigration anytime she is entering with you.  Immigration will be able to see her prior entries as your domestic employee, so that should help.

I always wondered, does she need EAD to work?

[jan22 3,056]

12 hours ago, Boiler said:

I always wondered, does she need EAD to work?

No.  When she is admitted by immigration at the POE as a B-1 personal domestic employee, it grants her the authority to work for her foreign employer while in the US.