Bringing a maid to the US

[Elvis1969 0]

I am very happy I found this forum because I have been searching everywhere without finding an answer to the question(s) below.

I am a Swedish citizen who have lived in the Philippines for the past 1.5 years. Now I have started a company in California and I have been issued an E-2 investor's visa. My wife and kids have E-2 "family visas".

We want to bring one of maids with us to the US and applied for a B1 visa for her here in Manila and she got that. It was a very straightforward process and the US Embassy here in Manila is great, at least based on my experience.

Now to my questions: Does my maid need to have any "approval" from any authority here in the Philippines or pay any special fees to be allowed to leave the country? Does she need to stand in the OFW queue at the airport? Or is her US visa that is stamped in her passport enough for the Philippines to allow her to leave the country? She will be travelling with us, if that makes any difference.

Thanks in advance!

[Al422 221]

While I am no expert on this, it seems logical that she will count as an OFW and be treated accordginly.

And the deaprture tax applies to all Filipino citizens, so she or you wil have to pay that but it is not a lot of money.

[Elvis1969 0]

While I am no expert on this, it seems logical that she will count as an OFW and be treated accordginly.

And the deaprture tax applies to all Filipino citizens, so she or you wil have to pay that but it is not a lot of money.

The departure tax is fine!

What I am trying to figure out is whether being treated as an OFW is mandatory or an optional service. Because if she has to be an "official" OFW she needs to go through a lot of bureaucratic pain that I would like to avoid. I know this is supposedly for the workers' protection, but our maid already has an employment contract and will be protected by US law and she does not need any more protection than that.

[sweet cakes 326]

I am very happy I found this forum because I have been searching everywhere without finding an answer to the question(s) below.

I am a Swedish citizen who have lived in the Philippines for the past 1.5 years. Now I have started a company in California and I have been issued an E-2 investor's visa. My wife and kids have E-2 "family visas".

We want to bring one of maids with us to the US and applied for a B1 visa for her here in Manila and she got that. It was a very straightforward process and the US Embassy here in Manila is great, at least based on my experience.

Now to my questions: Does my maid need to have any "approval" from any authority here in the Philippines or pay any special fees to be allowed to leave the country? Does she need to stand in the OFW queue at the airport? Or is her US visa that is stamped in her passport enough for the Philippines to allow her to leave the country? She will be travelling with us, if that makes any difference.

Thanks in advance!

No, the maid doesn't need to pass by the OFW queue as B1 visa is treated as a visitor visa, and not as a working visa. However, at immigration's, she might need to show some proof of employment, as standard procedure, and will be asked certain questions like how long is her stay, where will she be staying, etc. A signed letter from employer would help, just for formality. It also helps that the maid will be traveling with you. Expect some level of scrutiny at point of entry in US as well. But don't worry, that's normal.

For fees exiting NAIA:

Travel tax - PhP 1,620

Terminal Fee - Php 550

Do take note of the validity/ expiration date as stipulated in her visa, since a B1 is a temporary visitor visa only. Also, be mindful of the period of stay, which is 6 months max for a B1/B2 visa. An extension of stay can be applied, but subject to a new application process.

More details here: http://www.uscis.gov/working-united-states/temporary-visitors-business/b-1-temporary-business-visitor

[Boiler 47,499]

B2 is a visitor visa.

B1 in this context is a work visa.

Whether the PI Officials will understand the difference is another issue.

Pretty uncommon scenario.

[sweet cakes 326]

B2 is a visitor visa.

B1 in this context is a work visa.

Whether the PI Officials will understand the difference is another issue.

Pretty uncommon scenario.

Ohh, how true! I just checked mine from 5 years ago when I went for a business trip. It says B1/ B2. I had no issues going through immigration's and POE. But they did ask for my business trip itinerary and company ID.

To Elvis, what does your maid's visa say? Is it only B1? or B1/B2?

Edited April 14, 2014 by sweet cakes

[Girl from Celebes 588]

While I am no expert on this, it seems logical that she will count as an OFW and be treated accordingly.

I do find very interesting the way of your speaking reminds me of Mr Spock, a science officer and first officer of starship Enterprise, he he he ( my fiancé and I spent our weekend by watching old series and movies including Star Trek, and The Twilight Zone).

Live Long and Prosper...

Edited April 14, 2014 by Girl from Celebes

[I AM NOT THAT GUY 5,715]

Will the maid have to experience CFO? Just curious.

[Hank_ 9,174]

More than likely

[Elvis1969 0]

Ohh, how true! I just checked mine from 5 years ago when I went for a business trip. It says B1/ B2. I had no issues going through immigration's and POE. But they did ask for my business trip itinerary and company ID.

To Elvis, what does your maid's visa say? Is it only B1? or B1/B2?

It says B1. And under annotation it says "personal or domestic employee of non-immigrant applicant Elvis".

[Boiler 47,499]

Then you have your answer.

[Elvis1969 0]

Will the maid have to experience CFO? Just curious.

I don't think so since her B1 visa is a non-immigrant visa type and CFO is only for Filipinos leaving the country to settle abroad permanently. The question is whether the officer at the boarder will understand this. She won't have a return ticket, for example.

Then you have your answer.

You mean that she should be fine leaving the country without registering as an OFW or registering with CFO?

[sweet cakes 326]

It says B1. And under annotation it says "personal or domestic employee of non-immigrant applicant Elvis".

Since B1 visa is still under visitor visa classification, it's only reasonable that you won't need to go through OFW line and CFO. The maid's employment contract is in Philippines and she's only working for your family, not to any American-registered institution, which is unlike in the case of H-1B visa. For assurance, you might want to call Bureau of Immigrations as well.

However, do take note of the following:

1.) Visa validity

2.) Number of entry/ies (Single or multiple)

3.) length of stay, which will be defined by the CBP (max of 6 months, could be less)

4.) Visa annotation, which stipulates the purpose of the travel to US. It should never be used otherwise.

5.) All visa holders will still undergo strict scrutiny or inspection by the CBP (standard procedure)

[sweet cakes 326]

I don't think so since her B1 visa is a non-immigrant visa type and CFO is only for Filipinos leaving the country to settle abroad permanently. The question is whether the officer at the boarder will understand this. She won't have a return ticket, for example.

You mean that she should be fine leaving the country without registering as an OFW or registering with CFO?

Personally, I would think it's best if she will have a return ticket. Having none using a B visa may stir suspicions.

[Elvis1969 0]

Thanks everyone for your help!