Employment authorization with B1 visa

[Teddy B 17,252]

There is a B1 Nonimmigrant category for personal or domestic servants that does allow a person to work on a B1 with an EAD. The qualifications for this category are on page 3 of the USCIS I-765 instruction sheet found here https://www.uscis.gov/i-765 . The B1 category starts at #5 on the bottom left of page 3. (I tried to paste the sheet here, but can't.) Whether or not the op qualifies for this, I don't know.

Looks like someone beat me to it. Thanks for posting the page from USCIS, for whatever reason I couldn't get it to work.

Edited October 20, 2016 by Teddy B

[Teddy B 17,252]

So Beatrice is a nanny presumably for a Greek family who are currently visiting the US and she obtained a B to accompany them and carry out her nanny duties.

She would be paid legally by her Greek Employer and has no need for a US SSN or EAD, like anybody else working for a foreign employer and visiting the US.

According to the I-765 instructions, the op would need to file I-765 for work authorization.

[Boiler 47,277]

According to the I-765 instructions, the op would need to file I-765 for work authorization.

Not so, EAD anyway takes c90 days so would be pretty pointless for an accompanying nanny.

[Teddy B 17,252]

Not so, EAD anyway takes c90 days so would be pretty pointless for an accompanying nanny.

I thought that too, but it does state they need it. Is that something that's written but not applied?

[NigeriaorBust 4,087]

Sounds to me like someone is scamming you. They tell you that you can come work for them as a nanny, get you to start the work while they claim to be figuring out how to pay you ( don't worry we will pay you when we figure it out ) and then they will "realize" that you can't work and tell you to be on your way with no pay. You will have no recourse against them because legally you couldn't work. ( Nice way to get free child care for US person )

[Boiler 47,277]

https://lima.usembassy.gov/niv/visa_types/b1_domestic.html

Visa for a Domestic Employee Accompanying a B-1 Visa Holder (B-1)

Personal or domestic employees who are accompanying or following to join an employer in the United States are eligible for B-1 visas. This category of persons includes, but is not limited to, cooks, butlers, chauffeurs, housemaids, nannies, and gardeners. Domestic employees are eligible to qualify to accompany a non-immigrant visa holder or an American citizen. Domestic employees are not eligible to accompany Legal Permanent Residents of the United States.

Accompanying a Non-Immigrant Visa Holder

Personal or domestic employees who are accompanying or following to join an employer who seeks admission into, or who is already in, the United States in B, E, F, H, I, J, L, M, O, P, Q, or R nonimmigrant status, or qualifies to travel visa free may be eligible for the B-1 visa classification provided:

The employee has been employed outside the United States by the employer for at least one year prior to the date of the employer's admission to the United States, or if the employer-employee relationship existed immediately prior to the time of application, the employer can demonstrate that he has regularly employed (either year-round or seasonally) domestic help over a period of years preceding the time of application;
The employee has at least one year's experience as a personal or domestic employee as attested to by statements from previous employers;
The employee has a residence abroad which he or she has no intention of abandoning.
Accompanying an American Citizen

Personal or domestic employees who are accompanying or following to join their United States citizen employer in the United States may be eligible for the B-1 visa classification if their employer ordinarily resides outside the United States and is traveling to the United States temporarily, or the employer is subject to frequent international transfers lasting two years or more and who, as a condition of employment, is going to reside in the United States for a stay not to exceed four years.

Note: It is not possible to qualify for a B-1 visa if the United States citizen will reside permanently in the United States, even if the individual concerned has previously been in the United States citizen's employ abroad. In addition:

The employer-employee relationship must have existed for at least six months prior to the employer's admission to the United States or, alternatively, that the employer has regularly employed a domestic servant in the same capacity while abroad;
The employee has at least one year's experience as a personal or domestic employee as attested to by statements from previous employers;
The employer will be the only provider of employment, and will provide the employee free room and board and round trip airfare as indicated under the terms of the employment contract.

[Unlockable 7,320]

Read the instructions for the EAD form on the USCIS website. Read page 3 No. 5. I attached a screenshot.

I got it. Thanks!

In That document it states that the OP's employer ( the family she is working for) has to show proof of their nonimmigrant status.

I took it as the OP was trying to work for a US family. My mistake.

But as it stands now she would need the info from her employer proving that she is a traveling nanny.

[JFH 12,193]

I'm still thinking there's something not right.

The B1 domestic employee is for employees non-immigrants who come to the USA on business or pleasure and bring the nanny/cook/butler with them (as the rich and famous are known to do) for the duration of their holiday or business trip. Or for employees of USCs who live overseas but are coming back briefly and bringing the nanny/cook/butler with them from their overseas residence to cook/clean/babysit for the duration of the stay.

The OP mentioned something about having worked for the family in the US before. Not that she is part of their household staff overseas.

OP, please clarify. Where does the family that you work for live on a permanent basis and have you worked for them elsewhere?

[Californiansunset 336]

I got it. Thanks!

In That document it states that the OP's employer ( the family she is working for) has to show proof of their nonimmigrant status.

I took it as the OP was trying to work for a US family. My mistake.

But as it stands now she would need the info from her employer proving that she is a traveling nanny.

Yeah it's not clear whether she is working for an American or foreign family. I just assumed that she is working for a foreign family because she said she worked for them before (again I assumed that was in her home country). Otherwise this entire EAD for B1 visa doesn't make sense (or she is getting scammed of course). It sounds like she got that B1 visa with that explanation though (working for that family). We won't know until she clarifies the points stated by the others...

[Teddy B 17,252]

Certain B-1 Activities that Require an Employment Authorization Document

The following types of B-1 business visitors require employment authorization:

• A personal or domestic servant who is accompanying or following to join an employer who seeks admission into, or is already in, the United States in a B, E, F, H, I, J, L, or TN nonimmigrant classification.
• A domestic servant of a U.S. citizen accompanying or following to join his or her U.S. citizen employer who has a permanent home or is stationed in a foreign country, and who is temporarily visiting the United States.
• An employee of a foreign airline engaged in international transportation of passengers freight, whose position with the foreign airline would otherwise entitle the employee to treaty trader nonimmigrant classification (E-1) and who is precluded from such classification solely because the employee is not a national of the country of the airline's nationality or because there is no treaty of commerce and navigation in effect between the United States and the country of the airline's nationality.

Note: All applicants for a B-1 visa or admission as a B-1 business visitor as a personal or domestic servant described above must demonstrate the following:

• You have a residence abroad in which you have no intention of abandoning
• You have at least 1 year of experience as a personal or domestic servant
• You have been employed abroad by your employer for at least 1 year prior to the employer’s admission into the United States or if you have been employed abroad by the employer for less than 1year, the employer must show that while abroad, he or she has regularly employed a domestic servant in the same capacity as that intended for your employment

Before you may commence employment in any of the above three activities, you will need to file Form I-765, Application for Employment Authorization. For more information on filing the Form I-765, see the “Work Authorization” page.

https://www.uscis.gov/working-united-states/temporary-visitors-business/b-1-temporary-business-visitor

Edited October 20, 2016 by Teddy B

[Beatrice14 0]

Hello again, sorry for any misunderstanding. I am from Greece and I have lived and have worked for this family the last 3years in London, UK. And we moved all together here in US. One parent is British and the other is Greek.

Thank you for any info.

I got the B1 visa as I am staying here temporarily- up to 6months.

The family told me that I will def need a SSN and then from thw office I was told that I will need tHE EAD before I will apply for SSN. But I am worried because I don't want to pay like$380 for the EAD. It`s usually takes 90 days to be ready , doesn't it?

[Boiler 47,277]

For example a K1 is work authorised, but needs EAD to document it to a US Employer, be able to complete an I9

In this case there is no US Employer and no I9, so being admitted as a B1 Nanny is being work authorised with the confines of a B1 nanny..

[Teddy B 17,252]

Not according to USCIS.

[Boiler 47,277]

Hello again, sorry for any misunderstanding. I am from Greece and I have lived and have worked for this family the last 3 years in London, UK. And we moved all together here in US. One parent is British and the other is Greek.

Thank you for any info.

I got the B1 visa as I am staying here temporarily- up to 6 months.

The family told me that I will def need a SSN and then from the office I was told that I will need the EAD before I will apply for SSN. But I am worried because I don't want to pay like$380 for the EAD. It`s usually takes 90 days to be ready , doesn't it?

I can think of no reason you need a SSN, if they think you do ask that they get their Lawyer to sort it out....

[Beatrice14 0]

Now I see...

Thanks for all your useful answers.

So , my temporary work here for them is all legal without any SSN And EAD? Am I correct?