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Brand new here with work visa question

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Filed: K-1 Visa Country: Wales
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Minimum wage where I am is $11 something but the living wage is much higher, Housekeepers last I heard were c $25 an hour.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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There is some mis-information in these responses. 

 

First, you do NOT need to look for someone in the US before seeking to bring someone in as your domestic employee. They are not going to get a work visa per se -- it will be a B-1 domestic employee visa, annotated with your name as the employer.  There are some special requirements for this, of course.

 

Are you remaining in the military, with the expectation that you will be deployed overseas again within the next six years? If not, then you will not be able to bring a domestic employee with you. The only way US citizens can do this is if they have an expectation of leaving the United States and taking the domestic employee with them. You will need to show that you are on a temporary assignment in the US and that you are subject to frequent postings abroad that last two years or more.

 

Do you currently employ domestic help in your overseas assignments?  You will need to show that either the employee you wish to bring has been in your employ for at least six months prior to your entry into the US or that you have regularly employed domestic employees in the same capacity that you wish to employ this person. The employee also must show that they have worked as a domestic employee for at least one year previously, for you or someone else.

 

You will also need a contract, signed and dated by you and the employee, that will be submitted at the visa interview and the Port of Entry. The contract must include information on the following, at a minimum:

  • You will be the only employer in the US.
  • You will provide room and board and round trip airfare.
  • You will provide the greater of minimum wage under US federal, state, or local law for an eight-hour workday.
  • Both you and your employee must provide two weeks notice if either side intends to terminate the contract.
  • The contract must also include any other benefits that are normally required for domestic workers in the area of employment.

In other words, the contract must show that you will be paying and providing benefits to your employee the same as any employee in the US would legally expect to receive.  Under a law referred to as the Wilberforce Act, the employee will be informed of this during his or her visa interview and will be provided information on how to contact officials if the contract is not adhered to.

 

If, after reading this, you still think you qualify to and want to bring an employee, once you have the contract and everything in place the employee will apply for a B-1 Visa under the same process as any visitor visa.  They will need to have a copy of the contract to submit at that time.  They will also need to meet all of the requirements of B visa, including having a residence abroad which they have no intention of abandoning.

 

Edited by jan22
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Filed: K-1 Visa Country: Wales
Timeline

I thought the OP was living in Alaska?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Other Timeline
9 minutes ago, jan22 said:

There is some mis-information in these responses. 

 

First, you do NOT need to look for someone in the US before seeking to bring someone in as your domestic employee. They are not going to get a work visa per se -- it will be a B-1 domestic employee visa, annotated with your name as the employer.  There are some special requirements for this, of course.

 

Are you remaining in the military, with the expectation that you will be deployed overseas again within the next six years? If not, then you will not be able to bring a domestic employee with you. The only way US citizens can do this is if they have an expectation of leaving the United States and taking the domestic employee with them. You will need to show that you are on a temporary assignment in the US and that you are subject to frequent postings abroad that last two years or more.

 

Do you currently employ domestic help in your overseas assignments?  You will need to show that either the employee you wish to bring has been in your employ for at least six months prior to your entry into the US or that you have regularly employed domestic employees in the same capacity that you wish to employ this person. The employee also must show that they have worked as a domestic employee for at least one year previously, for you or someone else.

 

You will also need a contract, signed and dated by you and the employee, that will be submitted at the visa interview and the Port of Entry. The contract must include information on the following, at a minimum:

  • You will be the only employer in the US.
  • You will provide room and board and round trip airfare.
  • You will provide the greater of minimum wage under US federal, state, or local law for an eight-hour workday.
  • Both you and your employee must provide two weeks notice if either side intends to terminate the contract.
  • The contract must also include any other benefits that are normally required for domestic workers in the area of employment.

In other words, the contract must show that you will be paying and providing benefits to your employee the same as any employee in the US would legally expect to receive.  Under a law referred to as the Wilberforce Act, the employee will be informed of this during his or her visa interview and will be provided information on how to contact officials if the contract is not adhered to.

 

If, after reading this, you still think you qualify to and want to bring an employee, once you have the contract and everything in place the employee will apply for a B-1 Visa under the same process as any visitor visa.  They will need to have a copy of the contract to submit at that time.  They will also need to meet all of the requirements of B visa, including having a residence abroad which they have no intention of abandoning.

 

Thank you for the info. What I was really hunting for

 

boiler- I am doing a 180 tour in Singapore, but I am stationed in Alaska

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Filed: Other Timeline
46 minutes ago, mcdull said:

so why would you think it is ok to pay a Filipino minimum wage with room and board? Sounds like modern day slavery to me.

Minimum wage in the Philippines is under 700 pesos a month. That’s $350USD a month. Again,  a month. That’s 4-5 weeks. 

 

How is paying someone $320 a week and providing lodging and meals modern day slavery?

Edited by W1a9c8k5
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Just now, W1a9c8k5 said:

I don’t know what COL means

Cost of Living..

You are comparing Phil wages with US wages but the cost of living is so much lower in the Philippines.. 

“It’s been 84 years…” 

- Me talking about the progress of my I-751

 

 

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Filed: Other Timeline

I have been living here for a little time now and that’s not necessarily true. I bought a Cheeseburger meal here at Wendy’s for about $6 USD equivalent. T-shirts are 10-15 usd for the generic shirt. Cars are more expensive in most cases. Alcohol is similarly priced.  COL isn’t 3-4x less here. But a minimum wage employee would see a 4x increase to their pay. I sleep fine at night. I’m not trying to scam anyone. Just wanted information. I fell like trump right now though

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I'm not sure how many people in Manila are earning $50k annually. It's certainly higher than I recall. 🤷‍♂️

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Filed: Citizen (apr) Country: Indonesia
Timeline
1 hour ago, W1a9c8k5 said:

And to add to the to govt sets per diem  rates for all locations. Philippines Manila  is $137 a day to live off the local economy. Alaska Anchorage $125

 

The US gov't per diem is basically based on eating western food at nice western restaurants 3 times a day. It really is not based on reality for your average resident of said location. This is especially the case in places like Manila and elsewhere in Southeast Asia. I've never been to Manila, but in Jakarta you can get a decent meal for $2-3 while the per diem is $103/day. 

Removing Conditions Timeline

Aug. 10, '17: Mailed in I-751

Aug. 21, '17: NOA1

October 23, '18: NOA2- approval

October 30, 18: 10-year GC received

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I believe that the OP genuinely thinks he is doing nothing wrong here, but this really does look like indentured servitude from an outsider's perspective. I make minimum wage here, which is $15 an hour (going up to $15.59 next week) and it is NOT a lot of money. I looked up the COL difference between Anchorage and Berkeley and it's only 10% lower there! I am only able to afford living here because I have an independent source of income and get a serious break on my rental unit (it's my father's friend's property). Even if I didn't have to pay room and board, I still don't know how I would squeak by without the outside support I get. You also need to factor in what paying someone a low rate can do for a person's motivation. My ex-husband used to always tell me that money has a way of smoothing out all sorts of unnecessary feelings, and I would say that also applies to working in a job that doesn't have a lot of prestige. If you want someone to be a hard worker, PAY THEM for it. If you can't afford the worker, don't employ them. When you can afford to hire someone, that's the time to bring someone on, in my opinion.

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5 hours ago, W1a9c8k5 said:

Minimum wage in the Philippines is under 700 pesos a month. That’s $350USD a month. Again,  a month. That’s 4-5 weeks. 

 

How is paying someone $320 a week and providing lodging and meals modern day slavery?

Serious question: are you assuming she will be doing not much other than working and saving all her money to use/send to family back home where it’s worth something, or will she be partly moving to the US to have a fun experience of actually seeing what living there is like, going out, experiencing life and what there is on offer etc?

 

Idle question: how much does it cost to kit up for an average Alaskan winter? Will she be expected to buy all the heavy winter clothing that one presumes she will never use again once she goes back to the Philippines? 

Edited by SusieQQQ
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Filed: Citizen (apr) Country: Canada
Timeline

Like the saying goes, you get what you pay for.  If I was planning on paying someone only $8 an hour for full-time housekeeping, wouldn't expect too much out of that person work-wise...what would be their incentive to do anything other than the minimum amount of work for little pay?  What would be their incentive to remain ongoing?

 

 

Edited by Going through

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

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