- I-94 Duration:
The I-94 duration will not extend beyond the employer’s stay in the U.S. For B-1 workers, it is generally given initially for one year, and each extension may be approved for six months.
However, for A-3, G-5, and NATO-7 visa holders, the initial duration can be three years with extensions in increments of two years.
- Maintain Legal Status:
The employer should make sure that the employee remains in legal status at all times. The employee receives a Form I-94 (printed online) that indicates the duration of the authorized stay. If the employee is expected to stay beyond the initial duration, the visa extension should be filed in advance. The employee’s passport should remain valid at all times.
A-3, G-5, and NATO-7 visas allow the domestic employee to work immediately for the employer upon arrival in the U.S.
However, before the domestic employee on B-1 visa can work for the employer, EAD (Employment Authorization Document) must be applied for and approved. It takes a few months for the EAD application to be approved. The employee can not work until the EAD application is approved. In other words, the employee is not allowed to work while the EAD application is pending.
The duration of EAD will be limited to the duration on the Form I-94.
In other words, the visa extension and EAD renewals must be applied for every six months. Both the visa extension and EAD renewal applications should be filed concurrently so that they can be processed concurrently, as well, with no gap in employment eligibility.
- Seeking Help:
If the employer does not abide by the terms of the contract, the employee can seek help by calling 911, the National Human Trafficking Resource Center at (888) 373-7888, or the Trafficking in Persons and Worker Exploitation Task Force Complaint Line at (888) 428-7581. These offices can help refer employees to a local organization that helps victims of human trafficking.
- Social Security Number:
Before the domestic employee can work, he/she needs to apply for a social security number (SSN). Generally, B-1 visa holders are not allowed to apply for an SSN. However, in this case, the visa stamp will have a special annotation which will allow to apply for an SSN.
An SSN is required to receive wages, pay federal and state taxes, to open a bank account, to get a credit card, and for other financial services.
- Employer ID Number :
The employer will need to apply for the EIN (Employer Identification Number) with the IRS.
EIN is required for the employer to pay wages to the employee and to report them to the IRS and other government agencies.
You should consult a tax professional on advice for the payroll taxes liability as a result of hiring a domestic employee.
Generally, if the salary originating in the U.S. is equal to or more than $1,400 in a calendar year, the employee must file a tax return.
Payroll taxes are 15.3% of the salary and are divided equally between the employer (7.65%) and the employee (7.65%). Each 7.65% part covers 6.2% in social security tax and 1.45% in Medicare tax.
There are state tax requirements, as well, in most of the states.
The employer should provide a W-2 form to the employee and help him/her file the income taxes as required.
In some states, the employer may be liable for unemployment compensation taxes, as well.
- Worker’s Compensation Insurance:
In some states, the employer is required to get worker’s compensation insurance. It is intended to make payments to the employee in case he/she gets injured while on the job.
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