In the world of U.S. immigration, the specificities and nuances of visa classifications can be quite intricate, especially when different visa categories intersect. One such instance is the provision for domestic servants of TN visa holders—professionals from Canada and Mexico working in the United States under the NAFTA agreement.
What is the B-1 Visa for Domestic Servants of TN Visa Holders?
The B-1 visa, traditionally known as a visa for business visitors, encompasses a range of permissible activities in the U.S. One lesser-known use of this visa is for the domestic servants of TN visa holders. According to the U.S. Department of State’s Foreign Affairs Manual (9 FAM 41.59 N13.3), a domestic servant of a TN visa holder who meets certain criteria can be granted a B-1 visa to accompany or follow to join their employer in the U.S.
Eligibility Criteria
The eligibility criteria for a domestic servant of a TN visa holder to obtain a B-1 visa are outlined in 9 FAM 41.31 N6.3-3. Key requirements include:
- Employment Relationship: The applicant must have been employed outside the U.S. by the TN visa holder for at least one year before the date of the TN holder’s admission to the U.S., or if the employment relationship is less than a year, there should be a prior history of employment with the TN holder.
- Consistency of Employment: The employment as a domestic servant must be consistent with the TN holder’s admission status.
- No Intent to Abandon Residence: The applicant must demonstrate that they have a residence outside the U.S. that they have no intention of abandoning.
Application Process and Documentation
The process for a domestic servant of a TN visa holder to apply for a B-1 visa includes standard procedures for B-1 visa applicants. This consists of an interview at a U.S. consulate or embassy, a valid passport, and completing the DS-160 online visa application form. Additionally, the applicant should provide:
- Proof of the employer’s TN status.
- Evidence of the employment relationship and duration.
- Documentation supporting the applicant’s intent to return to their home country.
Conclusion
For Canadian and Mexican TN visa holders in the U.S., having the ability to bring domestic servants on a B-1 visa can be a significant aspect of their stay. Both employers and employees must understand the specific requirements and adhere to them to ensure compliance with U.S. immigration laws. As always, consulting with an immigration attorney is recommended for specific cases and detailed guidance.
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