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Non-Immigrant Visas

Visa Types & Requirements

There are several types of visas for temporary visitors to the U.S.  The type of visa needed is defined by immigration law, and relates to the purpose of your travel.  For an overview of the types of nonimmigrant visas available under immigration law, please see the USCIS Nonimmigrant Visa Classifications Information Page.  Please note that there is no U.S. "Humanitarian Visa" category.

Diplomatic and Official Visas

For specific information on processing of Diplomatic and Official visas in Peru, please visit our Diplomatic and Official Visas Information Page. 

Medical Treatment

There is no special visa for medical treatment although  Consular Officers will give nonimmigrant visa applicants needing medical treatment every consideration possible under the law.  Please see our Expedited Apointments Information Page for information on obtaining an expedited apointment.   In order to help us better make a determination of eligibility for a visa for travel to obtain medical care, the following documentation should be provided at the time of your interview:

  1. Professional diagnosis of the illness and evidence that it cannot be treated in Peru;
  2. Official letter from the U.S. hospital and/or doctor, accepting the patient for treatment and providing the total estimated cost and length of all medical treatments from initial diagnosis through final treatment - the estimate should be for the cost of all treatments, not soley the initial consultation;
  3. Evidence regarding ability to pay for the treatment; and,
  4. Proof of social, economic and professional ties in Peru that will compel the applicant to return to his/her home country following completion of the medical treatment.

Domestic Employees

Which employers qualify to take an alien domestic to the U. S. in non-immigrant status to work for them during a temporary stay?

  • U.S. Citizens who reside permanently abroad and are visiting the U.S. temporarily, or who habitually reside abroad in foreign service but are assigned to the U.S. temporarily and returning for a stay of no more than four years.
  • Non-immigrant aliens (bearers of B, E, F, H, I, J, L, M, O, P, or Q visas) who apply for temporary admission to the United States.

LEGAL PERMANENT RESIDENTS OF THE UNITED STATES (“GREEN CARD” HOLDERS) ARE NOT ENTITLED TO BRING TO NOR EMPLOY NON-IMMIGRANT ALIEN DOMESTIC EMPLOYEES IN THE U.S.

How does the domestic qualify for this special non-immigrant visa?

Each domestic employee applying for a non-immigrant visa must meet the following conditions:

  1. The employee has a residence abroad which he or she has no intention of abandoning;
  2. The employee can demonstrate at least one year’s experience as a personal or domestic employee;
  3. The employee has been employed abroad by the employer as a personal or domestic employee, for at least one year (6 months for employees of American citizens) prior to the date of the employer’s admission to the United States; OR the employer can demonstrate that he or she has regularly employed personal or domestic employees for several years preceding the employee’s application for a B-1 visa;
  4. The employer and the employee have signed an employment contract which guarantees: payment of the minimum or prevailing wages, whichever is greater; free room and board; that the employer will be the only provider of employment to the employee; and that the employer will pay the domestic’s initial travel expenses to the United States, and subsequently to the employer’s onward assignment, or to the employee’s country of normal residence at the termination of the assignment.

How to determine prevailing wage and other employment requirements?

For information regarding prevailing wages in the United States, you can log on to www.flcdatacenter.com and go through the OES SEARCH WIZARD.  Choose the state(s) where you will be, and continue the search by choosing the kind of job.  The following codes are the most used: 37-2012 Maids & Housekeeping Cleaners; 39-9011 Child Care Workers; 39-9021 Personal & Home Care Aides.

In addition to including the correct wage in the contract, employers are expected to understand and comply with all local employment laws that are in effect in any city/state they might visit (for example, some city/states require the payment of overtime when employees work more than 40 hours/week).  To learn what these requirements are, employers should contact the appropriate state Department of Labor using the information available at http://www.dol.gov/esa/contacts/state_of.htm

What else is required if a visa is issued?

If a visa is issued, the employer is also responsible for obtaining work authorization for the employee upon his/her arrival in the U.S.  Specifically, the employer must ensure that the employee applies for and receives an Employment Authorization Document (EAD) through the Department of Homeland Security (DHS) Service Center with jurisdiction over where the employee will be working in the U.S.  This process requires the completion of DHS Form I-765 and the payment of additional fees to DHS.  Information on this process can be found at http://www.uscis.gov/portal/site/uscis under “Employment Authorization.”

NOTE: Consular officers will generally not issue a new B-1 domestic employee visa to any employer or employee who has failed to obtain an EAD (see above) or otherwise comply with the requirements for a B-1 domestic employee visa, including ensuring that the domestic employee departs the U.S. in a timely fashion.  Should a domestic employee abandon an employer in the U.S., the employer must report this immediately to Department of Homeland Security and to the Embassy to avoid further consequences to the employer.