Digging Deeper:

Comparing B-1 with A-3 and G-5 domestic workers



Unlike with domestic workers of diplomats and international organization employees, the Foreign Affairs Manual does not require that B-1 domestic workers’ employment contracts include terms relating to overtime, manner of payment, possession of passports or personal property, overall compliance with U.S. laws, or whether the contract must be written in a language understood by the domestic worker.  Another difference is that A-3 and G-5 workers are authorized to work immediately upon arrival in the United States whereas B-1 domestic workers must apply to the U.S. Department of Homeland Security’s U.S. Citizenship and Immigration Services for employment authorization prior to actually performing work.  In addition, there is no fee for A-3 and G-5 workers who apply for an extension of their visa whereas B-1 domestic workers must pay a fee for any extensions. 

FAM 41.31 N9.3-1
FAM 41.31 N9.3-2
FAM 41.31 N9.3-3
U.S. Department of State, Determining Prevailing Wage Requirements for Visas of Domestic Employees, May 2005, available at http://travel.state.gov/visa/laws/telegrams/telegrams_2773.html.
get FAM cite “employee cannot be required to remain on the premises after working hours without compensation”
get FAM cite for this U.S. Department of State, available at http://travel.state.gov/visa/temp/types/types_2637.html (A-3) and http://travel.state.gov/visa/temp/types/types_2638.html (G-5 and NATO-7).