UNITED NATIONS NATIONS UNIES UNITED NATIONS VISA COMMITTEE (NY)

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UNITED NATIONS NATIONS UNIES

UNITED NATIONS VISA COMMITTEE (NY)

GUIDANCE ON

G-5 VISA APPLICATIONS

Note: Please refer to all applicable administrative issuances including

ST/AI/2000/19 of 18 December 2000, Sections 6-10, and ST/IC/2001/27 of 10 April 2001, Section III, Paragraphs 33-52. Also refer to ST/IC/2009/42 of 1 December 2009, ST/IC/2012/7 of 22 February 2012, ST/IC/2014/19 of 24 July 2014, ST/IC/2014/25 of 15 October 2014, ST/IC/2015/16 of 24 August 2015, ST/IC/2017/6 of 4 January 2017, ST/IC/2017/32 of 11 October 2017 and ST/IC/2018/12 of 9 February 2018 for the

United States compliance requirements

Table of Contents

G-5 VISA APPLICATION

General Guidelines…………………………………………………………………………p.3

Key Criteria reviewed by the Visa Committee………………………………………p.4

Request for endorsement by the Visa Committee……………………………………p.5

Undertaking by the staff member………………………………………………………….p.6

Standard Employment Contract……………………………………………………………p.7-9

Checklist for new G-5 visas………………………………………………………………..p.10

Checklist for renewal of G-5 visas…………………………………………………………p.11

Checklist for renewal of an I-94 for domestic employees…………………………………p.12

Checklist for repatriation of domestic employees…………………………………………p.13

Submission of application (when and where)……………………………………………..p.13

Contact information for questions…………………………………………………………p.13

Frequently asked questions………………………………………………………………..p.14-15

GENERAL GUIDELINES

Requirements for a G-5 Visa Application for a Domestic Employee

A signed copy of the undertaking by the staff member annexed to these Guidelines;
Staff members will facilitate the scheduling of the domestic employee’s registration with the in-person registration program;

A request for endorsement by the Visa Committee of a G-5 Visa Application with the attachments listed herein:

Copy of staff member’s G-4 and I-94 (front and back if entry took place prior to May 2013, otherwise please refer to ST/IC/2013/17 on instructions to print out the I-94 document);
Original and notarized letters of reference from the previous employers of the prospective domestic employee;
Staff member’s Statement of Earnings;
Staff member’s spouse’s Statement of Earnings (if applicable);
Pre-notification (form P.210A); and
Budget Sheet (form P.210B) including proof of all sources of income (not required for ASGs and USGs).

A signed and notarized original standard contract (United States visa regulations require that every application for a G-5 visa be accompanied by an employment contract in English and in another language that the domestic employee understands. Both original versions are to be presented to the United States Consulate in the country where application is being made); and

A signed form TTS.1. Staff members of UNDP, UNOPS, UNICEF and UNFPA must have the form signed by a certifying officer as well as their Travel Office (a total of 2 certifications are required). Make sure that the information is typed.

The above-mentioned forms are accessible through the UN Intranet forms website. Agencies without access to the UN Intranet can access the forms through their portals or from their Forms focal point or may send an e-mail to [email protected] to request for the forms. For substantive questions, e-mail to [email protected]

Please submit the complete original application in hard copy to:

Rula Eid Greco, Visa Committee

305 E 45th Street, FF building, Room FF-02FB1

Submission is by appointment only

Please note that the Visa Committee may request additional information.

Key Criteria Reviewed by Visa Committee

The following criteria are reviewed by the Visa Committee:

The staff member holds a valid G-4 visa;

The staff member holds a valid contract for a minimum of 12 months beyond the application date;

The domestic employee has experience in domestic service and has provided letters of recommendations from previous employers;

The domestic employee is not a relative of the staff member, staff member’s spouse or any staff member of the United Nations, UNDP, UNICEF, etc;

The domestic employee shall come from the same cultural background or has had documented proof of continuous employment with the staff member for several years;

The staff member can provide private accommodation in his/her household;

The staff member has demonstrated the ability to pay required wages, social security, and health care expenses;

Both parties have signed and notarized the standard contract; and

A signed and notarized statement by the spouse of the staff member in support of the request.

Employers under investigation for abuse or exploitation of a domestic worker or a pattern of repeated work terminations will not be eligible to participate in the G-5 domestic program unless and until the matter is resolved.

The staff member is required to register the arrival of his or her domestic worker within 5 days of his/her entry into the United States, schedule his/her registration with the in-person registration program and comply with the requirements of such program.

The staff member is required to attend the G-5 orientation program held monthly by the Visa Committee.

REQUEST FOR ENDORSEMENT BY VISA COMMITTEE

(G-5 VISA APPLICATION)

STAFF MEMBER

Name:

 

Nationality:

 

Index No.:

 

Org/Dept:

 

Fax:

 

Bldg/Room:

 

Phone:

 

EOD date:

 

Type of Appointment:

 

Expiry Date:

 

PID No.:

Retirement Date:

Date of Birth:

 

E-mail address:

 

Copy of my G-4 visa and I-94attached

Marital Status:			Spouse’s Name:
Spouse’s Nationality:			Spouse’s Employer:

ABILITY TO PAY DOMESTIC EMPLOYEE
My most recent Statement of Earnings is attached.	My monthly net salary is:	$
My spouse’s most recent Statement of Earnings is attached.	Spouse’s monthly net salary is:	$
D/E’s estimated weekly cost (Including Social Security, Health Care, Wages) is:		$

ACCOMMODATION FOR DOMESTIC EMPLOYEE (Separate bedroom required)
Please describe:

STAFF MEMBER’S PRESENT HOUSEHOLD		PRESENT HOME ADDRESS:

No. of Adults:		Number	Street
No. of Children:
Age of Children:		City	State	Zip Code
No. of Bedrooms:		Telephone Number:

DOMESTIC EMPLOYEE

Name:

 

Date of Birth:

 

Nationality:

 

Marital Status:

 

Present Residence:

 

Present occupation in home country:

 

letter from previous employers (attached):

 

This person has been previously in my employ:

No Yes

Dates:

 

I have informed the domestic employee that the hourly minimum wage in the city/town/state of residence is $  /hour,

This person is not related to me, to my spouse, or to any staff member of UN, UNDP, UNICEF, etc.

LIST OF PREVIOUS DOMESTIC EMPLOYEE(S)
Name(s)	Date of Arrival	Date of Departure	Manner of Departure	Proof of Compliance with US Laws submitted to Visa Committee?
				Yes	No
				Yes	No
				Yes	No

I certify that the information provided on this form, as well as the supporting evidence submitted with it, is true and complete to the best of my knowledge and belief. I have verified that my financial resources are sufficient to cover the above financial obligations. I am aware that incomplete applications will not be endorsed and that my misrepresentations may lead to disciplinary measures.

Signature:

Date:

 

UNITED NATIONS NATIONS UNIES

UNITED NATIONS VISA COMMITTEE

UNDERTAKING BY THE STAFF MEMBER

I understand that only staff members who are G-4 visa holders are eligible to employ a domestic employee with a G-5 visa, that such eligibility ceases when the staff member ceases to hold a G-4 visa, and any change in visa status, or intention to change such status, must be reported immediately to the Visa Committee and to the email address [email protected], including retirement and separation from service.

I hereby certify that I am a holder of a G-4 visa and that I have not applied for a change of visa status to permanent resident of the United States. If I decide to do so, I undertake to first inform the Visa Committee in writing of my intention and take the necessary steps to terminate my domestic employee’s G-5 visa status and repatriate him/her to his/her home country.

I undertake to retain and provide records of:

employment, including a copy of the signed contract with my domestic employee;
daily/weekly records of the number of hours worked by my domestic employee;
proof of the salary payments made in connection to that work (e.g. cancelled checks, electronic fund transfers, or signed receipts of cash payments during the first 30 days of employment;)
social security payments;
health insurance (if obtained);
workers compensation insurance; and
income taxes

to the Visa Committee within 90 days of the arrival of a new domestic employee. These records, as well as the initial and subsequently renewed employment contracts with my domestic employee, will be presented to the Visa Committee on a yearly basis.

I further undertake to maintain these records for the duration of employment of my current domestic employee (and previous domestic employee(s), if any) plus three years thereafter and will also provide copies of such records to the Visa Committee for forwarding to the United States Department of State upon request.

I undertake to ensure that my domestic employee has sufficient information regarding wages and other payments, or withholdings made to any tax or other government authorities in order to enable him/her to properly prepare and file any required tax or other forms required to be filed by such authorities. I further undertake to ensure that any forms required to be filed by me to any such tax or other governmental authorities on behalf of my domestic employee have been timely and appropriately prepared and filed. I understand that, unless my domestic employee is from a country with which the United States of America has a totalization/social security agreement providing that the domestic employee is not required to participate in the United States Social Security program, or unless I, as his/her Employer is otherwise exempt, I shall pay the employer’s portion of Social Security taxes and Medicare and any other required federal state, local taxes or contributions, including federal and state unemployment insurance and workers compensation insurance on all wages actually paid, which shall not be less that the applicable minimum or prevailing wage. I further understand that, unless otherwise paid by me, my domestic employee shall pay the employees portion of Social Security and all federal, state and local taxes in connection with his/her income, and I undertake to advise him/her accordingly.

I undertake to pay every week or two weeks the correct wage to my domestic employee for every hour he/she has worked. I understand that fixed biweekly or monthly salaries that do not include compensation for hours worked in excess of the normal number of hours worked per week are not permitted. I undertake to provide my domestic worker with a pay slip at the time when salary is disbursed and not deduct any money from his/her salary except as required by law. I further undertake to assist my domestic worker to open a United States bank account within 30 days from the arrival to the US and to deposit all wages into that bank account by check or electronic fund transfer. I also undertake to pay my domestic employees’ health care costs.

I understand that it is my responsibility to be informed of and comply with the applicable laws of the United States and that I may need legal counsel to verify my legal obligations. I further certify that I have carefully read and agree to comply with all applicable administrative issuances, including ST/AI/2000/19 of 18 December 2000, ST/IC/2001/27 of 10 April 2001, ST/IC/2009/42 of 1 December 2009, ST/IC/2012/7 of 22 February 2012, , ST/IC/2014/25 of 15 October 2014, ST/IC/2015/16 of 24 August 2015, ST/IC/2017/6 of 4 January 2017, ST/IC/2017/32 of 11 October 2017 and ST/IC/2018/12 of 9 February 2019, as applicable, and confirm that I understand and accept the possible consequences of non-compliance with the requirements both at the United Nations and the United States .

I undertake to abide by all of the applicable requirements relating to the hiring of a domestic employee including, but not limited to, reporting the arrival of my domestic employee within 5 days of his/her entry into the United States and scheduling his/her registration with the in-person registration program and complying with the requirements of such program. I also undertake to keep the Visa Committee informed of any change in my contractual relationship with my domestic employee(s). In the event of termination of his/her employment, I will provide the Visa Committee with a copy of the ticket or itinerary as proof of repatriation of my domestic employee, prior to his or her departure from the United States. Proof of arrival into the home country in the form of a passport stamp upon entry will be provided to the Visa Committee after the departure of my domestic employee [within days of such departure].

I undertake to provide the Organization with information that is true and complete to the best of my knowledge and understand that any misrepresentation may lead to disciplinary measures under the United Nations Staff Regulations and Rules.

Name and Signature

Date

UNITED NATIONS VISA COMMITTEE

STANDARD CONTRACT FOR DOMESTIC EMPLOYEES UNDER G-5 VISA

Please refer to form P.210AA for the standard contract for domestic employees under G-5 visa.

IMPORTANT NOTICE: If the domestic employee does not understand English, the employment contract must also be executed in a language understood by the domestic employee.

CHECKLIST FOR NEW G-5 VISAS FOR DOMESTIC EMPLOYEES

KEY CRITERIA REVIEWED BY THE VISA COMMITTEE	CHECK BOX
The staff member holds a valid G-4 visa and has been reported as such.
The staff member holds a valid contract for a minimum of 12 months beyond the application date.
The domestic employee has experience in domestic service and has provided letter(s) of recommendation from previous employers.
The domestic employee is not a relative of the staff member (by blood, adoption or marriage), the staff member's spouse or any staff member of the United Nations and its agencies.
The domestic employee shall come from the same cultural background of the staff member or have documented proof of continuous employment with the staff member for several years.
The staff member can provide private accommodation in his/her household.
The staff member has demonstrated the ability to pay by submitting the attached budget sheet. (Staff at the ASG level and above need not demonstrate ability to pay)
A signed and notarized statement by the spouse of the staff member is support of the request.
Both parties have signed and notarized the standard contract
A signed undertaking by the staff member (contained in P.210)
Staff member acknowledges to facilitate the domestic worker’s participation in the in-person registration Program.

FORMS REQUIRED	CHECK BOX
TTS.1 (with all relevant certifications and signatures)
P.210A (Prenotification)
P.210B (Computation Sheet if income is under ASG level with supporting documentation)

DOCUMENTS REQUIRED	CHECK BOX
Request for endorsement by the Visa Committee (contained in P.210)
Copy of staff member’s G-4 and I-94
Notarized reference letter unless the domestic employee is currently employed by the staff member in which case proof of employment must be submitted
Signed and notarized employment contract in English (mother tongue is needed)

CHECKLIST FOR RENEWAL OF G-5 VISAS FOR DOMESTIC EMPLOYEES

FORMS REQUIRED	CHECK BOX
TTS.1 (with all relevant original certifications and signatures)

DOCUMENTS REQUIRED	CHECK BOX
Certification: To Whom It May concern (details contained in the instructions for renewal of G-5 visas contained in the P.210)
A copy of the staff member's G-4 and I-94 (front and back if entry took place prior to May 2013 otherwise refer to ST/IC/2013/17 for instructions to print out the I-94 card.)
Signed undertaking by the staff member (contained in P.210)
Signed and notarized employment contract in English (mother tongue is needed)

PROOF OF COMPLIANCE RECORDS REVIEWED BY THE VISA COMMITTEE	CHECK BOX
Proof of payment of wages in the form of deposits into a bank account solely in the domestic employee’s name for the duration of the previous contract as per ST/IC/2009/42 and ST/IC/2014/19 (monthly deposits are not accepted. Deposits should be made every week or every 2 weeks amounting to 52 weeks in a calendar year). Proof of payment of wages must be accompanied by signed (by both employer and employee) weekly records of the number of days and hours worked.
Proof of filing of Federal and City/State Income Taxes
Proof of filing of Social Security Taxes
Proof of Health Insurance (last payment in addition to the copy of card) if staff member has opted to provide it as part of the employment contract. If not, written confirmation, signed by the staff member, that the staff member will cover the medical expenses of the domestic employee while the he/she is present in the United States
Proof of Unemployment Insurance
Proof of Workers Compensation Insurance

CHECKLIST FOR RENEWAL OF THE AUTHORIZED STAY (I-94) FOR DOMESTIC EMPLOYEES (CAN ONLY BE SUBMITTED IF THE DOMESTIC EMPLOYEE IS REPORTED AND HAS BEEN ISSUED A PID NUMBER)

FORMS REQUIRED	CHECK BOX
I-539 (To be downloaded from uscis.gov)

DOCUMENTS REQUIRED	CHECK BOX
Certification: To Whom It May Concern requesting the renewal and certifying that staff member has not applied for a change of status. Include duties and responsibilities of domestic employee
A copy of the domestic employee’s last G-5 visa, biographic page from passport and copy of the I-94 front and back. Original passport must be submitted alongside the application.
A copy of the staff member's biographic page from passport, G-4 and I-94 (front and back if entry took place prior to May 2013, otherwise please refer to ST/IC/2013.17 for instructions to print out I-94 document)
Signed undertaking by the staff member (contained in P.210)
Signed and notarized employment contract in English (mother tongue if domestic employee does not read and write English)

PROOF OF COMPLIANCE RECORDS REVIEWED BY THE VISA COMMITTEE	CHECK BOX
Proof of payment of wages in the form of a bank account solely in the domestic employee’s name for the duration of the previous contract as per ST/IC/2009/42 and ST/IC/2014/19. Proof of payment of wages must be accompanied by signed (by both employer and employee) weekly records of the number of days and hours worked.
Proof of filing of Federal and City/State Income Taxes
Proof of filing of Social Security Taxes
Proof of Health Insurance and including proof of the last payment made. If not, written confirmation, signed by the staff member, that the staff member will cover the medical expenses of the domestic employee while the domestic employee is present in the United States
Proof of Workers Compensation Insurance and include Proof of the last payment made

CHECKLIST FOR REPATRIATION OF DOMESTIC EMPLOYEES

DOCUMENTS REQUIRED	CHECK BOX
Copy of ticket or itinerary
Proof of arrival into the home country in the form of original boarding passes or page stamped in passport upon arrival

SUBMISSION OF AN APPLICATION

Please scan the application to [email protected] prior to submission to ensure that all the requirements have been met. Once the Visa Committee completes its review, we will request the staff member to submit the application to our office, as follows:

BY APPOINTMENT ONLY

At the Visa Committee located at

305 E 45^th Street, FF building,

Room FF-02FB1

CONTACT INFORMATION FOR QUESTIONS:

[email protected]

VISA COMMITTEE

Frequently Asked Questions about G-5 visas

What is a G-5 visa?

G-5 visas are issued to domestic employees of UN staff members holding a G-4 visa (principal alien). Please see all applicable administrative issuances including ST/AI/2000/19 of 18 December 2000, ST/IC/2001/27 of 10 April 2001, ST/IC/2009/42 of 1 December 2009, ST/IC/2012/7 of 22 February 2012, , ST/IC/2014/25 of 15 October 2014, ST/IC/2015/16 of 24 August 2015, ST/IC/2017/6 of 4 January 2017, ST/IC/2017/32 of 11 October 2017 and ST/IC/2018/12 of 9 February 2019, as applicable, for further information.

How do I apply for a G-5 visa?

The requirements are contained in this kit.

P.210, P.210AA, P.210A and P.210B contain the instructions for G-5 visas for domestic employees

How long does the process take?

Once all the required documentation has been submitted, the Visa Committee requires 4 to 6 weeks to review and process. The staff member will be notified of the outcome. If the case is endorsed, the Visa Committee will endorse the pre-notification and send it to the U.S. Department of State. The U.S. Department of State will create a record for the domestic employee and inform the Visa Committee accordingly. Once the record has been created, the Visa Committee will notify the staff member to visit the Visa Committee office to collect the endorsed TTS.1 for hand-delivery to the UN Visa Office for cable issuance. The staff member should ask the UN Visa Office how to obtain a copy of the cable.

After the case is endorsed and the cable has been issued, what is the next step?

The staff member should ensure that the domestic employee receives a copy of the cable that has been issued. The domestic employee should contact the U.S. Embassy in the country of residence or nationality to collect her/his G-5 visa. The domestic employee should have an original notarized employment contract between him/her and the staff member and the original notarized letter of reference to submit.

Note that each U.S. Embassy has its own internal policies for scheduling appointments and applying for visas.

My domestic employee has arrived in the U.S. (G-5 holder), how do I report the arrival?

Please complete P.312A to report the arrival. Click on the link below: http://iseek.un.org/m247a.asp?dept=524&iid=61

Note: Once the staff members and their family members are registered, the U.S. Department of State assigns an eight-digit PID number (Personal Identification Number) to each individual. All records for each individual are stored under this number. Staff members should take note of their and their family's PID numbers and keep them in their records as they will need them when applying for the renewal of their visas.

Can I renew the G-5 visa of my domestic employee in New York?

No. G-5 visas must be renewed at a consular office location outside the United States.

What is the difference between the G-5 visa and the I-94?

Unlike the I-94 form for G-4 visa holders, the G-5 visa I-94 has an 'expiration date'. This date indicates how long the domestic employee is allowed to legally stay in the United States and it does not necessarily correspond to the expiration date of the G-5 visa. The date of the I-94 determines the authorized stay of the domestic employee. Should the services of the domestic employee be needed beyond the expiration date of the I-94 form, the staff member needs to apply for an extension of the I-94 at least six weeks before the I-94 is about to lapse.

Does my domestic employee need to renew the G-5 visa to be legally staying in the United States?

No. The date on the I-94 determines the authorized stay of the domestic employee.

Can I extend the I-94 of my domestic employee in New York?

Yes, provided that the I-94 is submitted prior to its expiration.

What happens if my domestic employee loses his/her passport?

Typically, a police report is issued, and his/her passport must be replaced. Once the passport is replaced, the staff member must submit the I-102 through the Visa Committee and pay the appropriate fee in order to replace the I-94.

If I have to leave but my domestic employee wishes to stay, what are the options?

Because G-5 visas are issued to domestic employees of G-4 visa holders their validity is directly dependent on the status of the visa of the staff member. When staff members leave the Organization or transfer to a duty station outside of the United States, they are no longer eligible for a G-4 visa, meaning that their domestic employees are no longer qualified for their G-5 visa status and, therefore, must depart the United States.

It is the staff members' responsibility to repatriate their domestic employees prior to their separation from the Organization and to submit the domestic employee’s passport for visa cancellation in the event his/her G-5 visa is valid.

The domestic employee is also eligible to apply for a change of status provided he/she meets the eligibility requirements for the new status to be obtained.

If my domestic employee is being repatriated, when can I apply to employ a new domestic employee?

You may start the application process prior to the departure of your current domestic employee, however, the new cable cannot be sent out prior to his/her repatriation.

5 P.210 (11-19)

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