Interview Documents and Tips for Domestic Employee Visa

Interview Documents

In addition to the regular documents for the business visa, the following additional documents are required:

  • Two original contract documents. One copy will be returned to successful applicants and must be presented at the port of entry. 

  • If the employee has previously accompanied an employer to the U.S., they must demonstrate that they were paid in compliance with the U.S. labor law. Actual pay stubs or documents showing transfer of funds are required. It is not enough to just bring signed statements by the employer and the employee for proof of payment. The visa will not be issued in the absence of this documentation.

  • Employer Documents
    • Proof of the employer’s legal status. E.g., non-immigrant visa, U.S. passport, or Visa Waiver country passport. This document must show that the employer has permission to enter the U.S.

    • Employer’s current bank statement(s) for the last 6 months that demonstrate the employer’s ability to pay the required wages to the employee. 

    • For diplomatic employers, a copy of the employer’s diplomatic visa and a Note Verbale. The Note Verbale should list:
      • The employee’s name
      • The employer’s title or official status
      • The date of departure from the foreign country
      • The purpose of the trip and length of stay in the U.S.

      The domestic employee must demonstrate the entitlement to an A-3 or G-5 classification with:
      • A letter of reference from a former employer
      • Evidence of previous employment in that section, etc.

Interview Tips

The employer is not allowed to accompany the employee for the interview. Each applicant must meet the general requirements of the B-1 visa, such as strong ties to home country, intention to return to the home country, no intention to abandon their permanent residence abroad, etc.

The consular officer may ask questions about the employee’s work history and their current terms of employment. The officer will confirm that the contract complies with the minimum requirements according to the U.S. law. Otherwise, the employer and the employee will be required to sign a new contract that meets all the requirements. 

The consular officer may also ask questions about the proposed travel itinerary where the employee will stay or visit, salary and expenses, the length of current/prior employment with the current employer, etc.

While the employer’s occupation, social status, and family situation may be secondary considerations to the visa decision, the severe burden of overcoming the presumption of immigration rests with the employee alone.

The difficulty or the hardship the employer will face if the visa is not given to the employee is not considered when making a decision to grant the visa. 

The visa duration will be determined by the consular officer and will most likely match the term of the current work contract with the employer.

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