> Hello,
>
> I have a quick question. I am a Green Card holder and I became a
> Permanent
> Resident of the United States in March 2005. If I plan to hire a cook
> from
> my home country to work at my residence, can I apply for an H1 visa
> for
> him/her? What is the best method of doing it?
>
> Thanks,
> SG
Dear SG:
The regulations and Foreign Affairs Manual allow for the admission of a
personal or domestic employee into the U.S. as a B-1 visa business
visitor, but they apply only to U.S. Citizen employers and to employers
who are Foreign Nationals in Nonimmigrant U.S. status. 9 FAM § 41.31 N
9.3-2 and 9.3-3. See also, 8 C.F.R 274a.12. No other nonimmigrant
status, except perhaps H-2B, would authorize a personal or domestic
employee to work in the U.S.
As for the personal or domestic employee of a Lawful Permanent Resident,
the Foreign Affairs Manual states that the personal or domestic employee
must obtain permanent resident status. 9 FAM § 41.31 N 9.3-4. Gaining
permanent resident status on the basis of domestic employment would
require a labor certification and a long wait in the employment-based
third preference.
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