Non-Immigrant Visas
Domestic Contract
EMBASSY OF THE UNITED STATES OF AMERICA
Manama, Kingdom of Bahrain
LABOR CONTRACT AND EMPLOYER OBLIGATIONS
Domestic employees of non-American citizens applying for visas to accompany their employers to the United States are required, as are all visa applicants, to demonstrate strong ties to a residence outside the United States to which they will be compelled to return.
In addition, United States immigration law and federal regulations require that all nonimmigrant visa holders intending to bring personal employees to the United States provide the employee with a contract, signed by the employer and employee, ensuring all employee rights and privileges as guaranteed under the Fair Labor Standards Act (FLSA); If the employee does not understand English, the employer is also responsible for providing a certified translation of this contract in the employee’s native language (9 FAM 41.22 N4).
In the contract, the sponsor must guarantee that the domestic employee will receive the national minimum wage ($5.15 USD per hour) or the prevailing wage, whichever of the two is greater (FAM 41.31 N6.3-2C).; Wages must be adjusted automatically in keeping with any applicable increases in federal, state, or local minimum wages.; Some states require augmented pay for overtime (over 40 hours per week), and the contract should reflect this; Prevailing wages for some areas are listed here (current as of 20 May 2006); Major cities often have higher minimum wages; Information on prevailing wages for other areas of the United States is available at the following website: http://www.dol.gov/esa/minwage/america.htm
California: $6.75 per hour
Florida: $6.40 per hour
Massachusetts: $6.75 per hour
New York: $7.15 per hour
Texas: $5.15 per hour
Washington, DC: $7.00 per hour
During the visa interview, employees will be expected to discuss their work history and their current terms of employment. The employee’s sponsor should appear for the interview as well and should also expect to discuss the terms of employment, in the United States and Bahrain, with the adjudicating consular officer. The sponsor should provide a copy of his/her nonimmigrant US visa.
Employees should be paid at least monthly.
The sponsor may be responsible for payment of Social Security taxes on behalf of the domestic employee and may be required to file a US tax return.
The sponsor is required to provide sick leave and vacation leave to the employee.
Employees who are not paid the wages stipulated in the contract should call the Department of Health and Human Services free hotline (1-888-373-7888).
EMBASSY OF THE UNITED STATES OF AMERICA
Manama, Kingdom of Bahrain
DOMESTIC EMPLOYEE CONTRACT
Date: __________________
1. Name of sponsor: ____________________________________________________
2. Nationality of sponsor:________________________________________________
3. Name of domestic employee:___________________________________________
4. Nationality of domestic employee:______________________________________
5. Date domestic employee arrived in Bahrain:_____________________________
6. Date domestic employee began working for present employer:_____________
7. Duties of the domestic employee while in the US:_______________________
________________________________________________________________________
8. Daily work hours, days off each week, and salary per hour (in US dollars) while in the US:
_______________________________________________________________________
______________________________________________________________________
The sponsor agrees to abide by all United States federal and state labor and tax laws.
The sponsor agrees not to withhold the passport of the employee.
The sponsor agrees to provide the domestic employee with transportation, food, and accommodation in addition to salary.
The sponsor is also responsible for the employee’s medical expenses while in the US.
The employee agrees to work only for the sponsor while in the United States and to depart the United States with the sponsor at the conclusion of the trip.
_________________________ _________________________
Signature of Sponsor Signature of Employee