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Non-Immigrant Visa Types

Visa Types and 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 Types of Visas for Temporary Visitor page of the Department of State Website 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 solely 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

Visas for Personal/Domestic Employees of B, E, F, H, I, J, L, O, P, and Q Visa Holders and U.S. Citizens Temporarily Assigned to the United States (B-1)

Holders of nonimmigrant B, E, F, H, I, J, L, P, and Q visas, and U.S. citizens planning temporary stays in the United States, are eligible to be accompanied by personal employees during their visit to the United States, subject to certain conditions. Please read the requirements outlined below.

How to Apply?

To apply, please check the "What is the Application Process" page. Additionally, the applicant must submit the following:

  1. Original employment contract signed by the employer and the employee. The contract must be in English as well as in a language understood by the applicant and must stipulate:
  2. In certain cases, additional documents may be requested.
  3. All documents must be originals. Photocopies will not be accepted, unless specified. The applicant must submit these documents to the interviewing consular officer during the interview. The Nonimmigrant Visa Unit does not accept documents before the interview. Any documents received will not be returned and will be destroyed.
  4. Please note, however, that presentation of the documents will not guarantee visa issuance. Applicants must still qualify under INA Section 214(b).
  5. In most instances, it is unnecessary for an officer to interview an employer. Therefore, if the employer accompanies his/her domestic helper to the interview, it is likely he or she will not be admitted. If the officer determines that additional information from the employer is needed, the employer may be asked to return to the Embassy at a later date.
  6. The employee has a residence abroad which he or she has no intention of abandoning;
  7. The employee can demonstrate at least one year experience as a personal or domestic servant; and,
  8. The employee has been employed outside the United States as a personal or domestic servant by the employer for at least one year prior to the date of the employer's admission to the United States; or if the employee-employer relationship existed immediately prior to the time of visa application, the employer can demonstrate that he or she regularly employed personal or domestic servants over a perior of several years preceding the visa application.
  • A description of the work duties of the employee;
  • The number of hours to be worked by the employee per week;
  • The rate of pay (the state or Federal minimum or prevailing wage, whichever is greater for every hour worked) (see "How to Determine Prevailing Wage" link below);
  • The number of authorized holidays, vacation, and sick leave days per year;
  • The regular day(s) off each week;
  • The frequency and form of payment;
  • The rate of overtime pay (state law governing overtime rates can be checked here;
  • Any money deducted for food or lodging;
  • That the employer will not withhold the employee's passport, employment contract, or other personal property, nor prohibit the employee from leaving the premises when the employee is not on duty;
  • That the employer to 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;
  • That the employee will not accept any other employment while working for the employer;
  • That both parties understand that the employee cannot be required to remain on the premises after working hours without compensation;
  • That the employer agrees to abide by all Federal, State, and local laws in the United States.
  • The employee must have in his/her possession an original contract or a copy of the contract, to be presented at the Port of Entry, showing original signatures of both the employer and the employee.
  • Employer’s proof of ability to pay the employee's wages while in the United States.
  • Documents signifying employer’s status or temporary stay in the United States.
  • Evidence of ties and financial status of the applicant, or the applicant’s parents, if minor, in Peru.
  • Please read this pamphlet (PDF 253 KB) prior to your visa interview. You will be asked if you have received, read, and understood its contents.

Notes:

In addition to the above documentary requirements, certain additional documents or representations are required for the issuance of a visa to:

Domestic employee of B, E, F, H, I, J, O, P, and Q visa holders:

Domestic employee of U.S. citizens temporarily assigned to the United States:

  • The U.S. employer normally works abroad;
  • The U.S. employer is returning to the United States for no more than 4 years;
  • The employee can demonstrate at least one year experience as a personal or domestic employee by producing statements from previous employers attesting to such experience; and,
  • The employee has been employed abroad by the employer as a personal employee for at least six months prior to the date of admission to the United States or in alternative, the employer has, while abroad, regularly employed a personal employee in the same capacity as that intended for the applicant.

How to determine prevailing wage and other employment requirements?

For information regarding prevailing wages in the United States, you can log on to the Foreign Labor Certification Data Center website 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 the Department of Labor website.

Legal Rights and Protections for Certain Employment or Education-based Non-immigrants - Notice: Informational Pamphlet is Now Available!

The William Wilberforce Trafficking Victims Protection Reauthorization Act (WWTVPRA) of 2008 was signed into law on December 23, 2008, by the President. The Act makes several changes to non-immigrant visa classification criteria, visa processing requirements, and the grounds for inadmissibility under INA section 212(a)(2)(H).

The changes under this provision of this law, relate to the legal rights of certain employment or education-based non-immigrants under Federal immigration, labor, and employment laws. Additionally, this law outlines the information to be provided to certain non-immigrants about their rights, protections and available resources. When working or studying in the United States temporarily, we want to ensure each non-immigrant is aware of his/her rights, as well as protections and resources available. To learn more, review the Non-immigrant Rights, Protections and Resources pamphlet, online version (PDF 253 KB) or printer double-sided version (PDF 249 KB). Information on this topic is also available to nonimmigrant visa applicants in the employment and education-based visa webpages on this site.

Seasonal Agricultural Workers (H-2A)

The H-2A visa allows U.S. employers to bring foreign nationals to the United States to fill temporary agricultural jobs for which U.S. workers are not available. 

The employer should first submit necessary paperwork to the Department of Labor and file a Form I-129 Petition for Nonimmigrant Worker, with United States Citizenship and Immigration Services (USCIS).  For more information, click here.  If approved, employers will receive notification via a Form I-797 Notice of Action. 

To apply for a H-2A visa at U.S. Embassy Lima, complete the following steps: 

1.  Fill out the DS-160 online application form.

2.  Create an account with the U.S. Visa Service.

  •  
    • Click on “Submit Documents to the Consular Section”.
    • Select visa type.
    • Select  DHL pick up location.
    • Print out the “Bank Deposit Slip PDF Cash S/. 420.00”.  This document is located below the MRV Fee Receipt Number box.

3.  Pay the US$150 (S/.420) MRV fee at any branch of Scotiabank.  Be sure to take the “Bank Deposit Slip PDF Cash S/. 420.00” (view step 2).

4.  Log back into the account one business day after paying the MRV fee.

  • Input the MRV payment reference number, but do not select an appointment at this time.
  • Go to “My Account” (top right corner).
  • Click on “View Confirmation”.
  • Print out the confirmation page required to drop off documents at DHL.

5.  Drop off documents at DHL.

  • Go to the DHL drop off location with the confirmation page (see Step 4) and required documents.
  • DHL will give the documents to the Consular Section for review.  After review, the Consular Section will contact the applicants directly to schedule their visa appointment.
  • Employers should not contact the Consular Section regarding appointment scheduling unless applicants have submitted their documentation and have not heard from the Consular Section for more than three weeks.

Drop off locations:

  • DHL Javier Prado
  • DHL Arequipa
  • DHL Cusco
  • DHL Trujillo

Required documentation:

  • Form I-797 Notice of Action
  • Valid passport
  • DS-160 online application form confirmation page
  • MRV fee receipt
  • Work contract
  • Peruvian migratory movements
  • DHS extensions of stay, if applicable

6.  Come to the interview.  Applicants should come to U.S. Embassy Lima on their interview date to speak with a consular officer.  The consular officer will inform the applicant of the decision at the conclusion of the interview.  Employers should contact the applicant regarding the decision of the visa interview.

Please note that, as stated on the Department of State website, some visa applications require further administrative processing, which takes additional time after the visa applicant’s interview by a consular officer.  When administrative processing is required, the timing will vary based on individual circumstances of each case. Visa applicants are reminded to apply early for their visa.

7.  Pick up the passport.  If approved, applicants should pick up their passport at the designated DHL location.  To track the delivery status of a passport, see the U.S. Visa Service website

 

Updated: November 18, 2011

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