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U.S. Department of State Regulations: A-3 and G-5 Domestic Servants

Courtesy of Home/Work Solutions, Inc.

Source: 9 FAM §41.21, Note 6.2

The U.S. Department of State allows aliens who are diplomats, staff of certain international organizations (often referred to as NGOs or Non-Governmental Organizations), and NATO staff to bring into the United States their servants, personal attendants and other domestics provided certain conditions are met.

The US Department of State's Foreign Aid Manual (9 FAM §41.21, Note 6.2) was amended in September 2001 to require that the following conditions must be satisfied prior to issuance of a visa to the domestic worker. The general conditions are a guarantee that the worker will be paid a fair wage, and an employment agreement or contract in English, translated to the worker's native language.

Sponsoring organizations such as the World Bank are anxious to distance themselves from allegations that the organizations condone foreign worker abuses and domestic enslavement and have become very proactive in recent years in monitoring the employment practices of their staff members who sponsor foreign domestic workers. Particular attention is paid to documenting proper wage payments to the domestic and compliance with applicable state and federal tax laws.

A Fair Wage and Work Conditions

The G-5, A-3 or NATO-7 domestic must be paid at a minimum the greater of the state's minimum wage, the Federal minimum wage, or the prevailing wage.

Deductions for room and board, if any, must be documented and may be "no more than reasonable." Please note that the World Bank and International Monetary Fund both disallow ANY deduction for the domestic's room and board. If the wage remaining after deductions for room and board falls below the applicable minimum or prevailing wage and the consular official concludes the remaining wage is insufficient, the consular offical may deny the visa request.

The G-5, A-3 or NATO-7 domestic is specifically prohibited from being employed by anyone other than the sponsoring alien. The sponsoring alien's spouse who may be a US citizen or green card holder may not register as the G-5, A-3 or NATO-7 domestic's employer.

The sponsoring alien, who is the employer, MAY NOT withhold the passport of the G-5, A-3 or NATO-7 domestic.

The G-5, A-3 or NATO-7 domestic may not be required to remain on the premises outside of working hours without compensation.

A Contract or Employment Agreement

The 9 FAM §41.21, Note 6.2 states that a contract is a mandatory requirement because "While the Department ...(is) not in a position to enforce behavior of employers or employees while in the United States, the contract does establish a relationship between the parties for which either may seek redress."

The mandatory employment contract must stipulate to all of the provisions concerning wages, deductions, and employment conditions spelled out in 9 FAM §41.21, Note 6.2.

The sponsoring alien (staff member of qualified organization) must pay the transportation expenses of the sponsored domestic worker from their home country to the United States. At the end of the contract (or when the sponsoring alien departs) the sponsoring alien must provide the transportation from the United States either to the next duty posting location or back to the G-5, A-3 or NATO-7 domestic's home.

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