Can US citizen bring a Thai domestic helper to the US as his employee?

[skatewash]

I've been asked by a friend if something is possible and from what little research I've done online it seems probable it's not.  But, I don't want to miss something so if you know it is possible I would be interested in hearing about that.

US citizen in poor health will be traveling back to the US and wishes to obtain a visa for his Thai domestic helper to accompany him as his employee.  From what I've read US immigration basically doesn't allow US citizens to do this, "import labor into the US."  It seems to be possible for someone going to the US for a temporary period, like on a work assignment, or for a diplomat, but I think a US citizen who lives in the US in general cannot do this.  Am I wrong?  Hope so, but it doesn't seem likely.

[sqwakvfr]

"Human Trafficking" would come to mind if the US Embassy is presented with such a request.  Highly improbable that such an application would be approved even if it is completely legitimate.  This is the current state.  Might be easier to fly to Mexico City, drive to Ciudad Acuna, cross the Rio Grande into Del Rio Texas and claim Asylum(of course I am being facetious).  I would find another scenario.  

[Moonfire]

Look for agencies that offer Au Pair services, you will pay them a fee and there are legal requirements for pay and such. This would be the easiest, legal way, another way with a bit higher hurled would be a J2 visa. Again work with an Au Pair service which will get you 6 months state side. 

[AlexRich]

Asking for a friend? I’d be surprised if this could be done easily as the US is very tough on any immigration, particularly the unskilled variety. Could you find an American to do the same job, would be their thinking?

[bkk6060]

Won't work.

Sounds like a back door way to get a girlfriend into the US.

Nice try though as it is almost impossible now for them to get a tourist visa.

[Skyking]

Trump did it

[Scouse123]

Not a chance.

 

They will tell you there are ample people that are qualified in the USA capable of doing that job.

[thailand49]

If you are that poor but have the funds to sponsor a helper?  it smells before you even put it down with ink?  Based on your own words you should be able to get on public assistance?

[1FinickyOne]

not likely... 

[khunjeff]

19 hours ago, skatewash said:

  It seems to be possible for someone going to the US for a temporary period, like on a work assignment, or for a diplomat, but I think a US citizen who lives in the US in general cannot do this.  Am I wrong? 

 

You're not wrong - a US citizen can only bring a personal/domestic employee to the US on a nonimmigrant visa if that citizen normally resides abroad and is only going to the US for a temporary stay. If your friend is moving back to the US for good, he would not qualify.

 

This issue is covered in the visa regulations at 9 FAM 402.2-5(D), which you can find online:

 

Personal employees or domestic workers may accompany or follow to join a U.S. citizen employer who is traveling to the United States temporarily, provided the U.S. citizen employer has a permanent home or is stationed in a foreign country...

 

There are many additional requirements regarding contracts, wages, etc, even if that initial requirement is met. For example, the worker would have to be given free room, board, and airfare, and be paid the local US prevailing wage (not a Thai wage).

 

[J Town]

I tried doing this for a friend in the US. Poor health, he wanted a fulltime live in to help him in his daily living. The first requirement was that the Thai had to have a bachelor's degree. That eliminated a large majority of the people who would have been able to perform these duties. US immigration is a near impossibility at this time.

[CM Dad]

Perhaps your friend should marry the domestic helper.

[onekoolguy]

1 hour ago, CM Dad said:

Perhaps your friend should marry the domestic helper.

A friend of mine married a girl from the Phillipines.  Then tried to get her a visa to the USA. After several years he has given up.

[Iron Tongue]

Yep, that'd be Human Trafficking.  

 

 

[GinBoy2]

8 hours ago, CM Dad said:

Perhaps your friend should marry the domestic helper.

Please don't go down that road.

 

A fake marriage would be detected in a heartbeat and lead everyone involved into a whole world of hurt

[worgeordie]

I remember a few years back a US couple took two Thai lady to USA,

as domestics,  BUT they worked in the US Embassy......

regards worgeordie

[skatewash]

4 minutes ago, worgeordie said:

I remember a few years back a US couple took two Thai lady to USA,

as domestics,  BUT they worked in the US Embassy......

regards worgeordie

Yes, one of the exceptional cases where you can sponsor a domestic worker is if you will be in the US on a temporary work assignment or on a diplomatic assignment, which might well have been the case with that couple.  Unfortunately, the person mentioned in the OP is a US citizen so returning to the US is neither temporary nor a work assignment.  Being allowed to sponsor a domestic worker is one thing, but even if allowed the worker has to apply for permission to work after they enter the US, so cannot legally work for the 2-3 months that would take to be issued.  From perusing government and legal sites it's apparent that it's not practically possible.  Nothing I've seen in the replies has caused me to change my opinion about the infeasibility of this option.  However, as I'm being asked to give my advice by my friend I wanted to make sure I wasn't missing something I wasn't aware of.  We don't know what we don't know.