Hiring a foreign housekeeper legally in the United States means matching the job to the right visa, sponsoring the worker through the labor and petition steps that visa requires, and then running your household as a registered employer with tax, verification, and wage obligations. Which visa fits depends on who you are, where you live, and whether the position is temporary or long-term. The paperwork is heavier than most families expect, and the penalties for skipping steps run from back taxes and civil fines to criminal prosecution.
Pick the Visa That Fits Your Situation
There is no single “housekeeper visa.” Four categories cover almost every scenario, and one lookalike program does not.
B-1 Domestic Employee
The B-1 lets a personal or domestic employee accompany a qualifying employer on a temporary U.S. stay. Two groups of employers qualify: U.S. citizens who maintain a permanent home abroad or are stationed in a foreign country, and holders of certain nonimmigrant visas. The employee must keep a residence abroad and intend to return.1U.S. Department of State. 9 FAM 402.2 – Tourists and Business Visitors
For U.S. citizen employers based abroad, the worker must have been employed by the sponsor overseas for at least six months, or the employer must show a regular pattern of employing a domestic worker in that role abroad. The worker also needs at least one year of experience as a domestic employee.1U.S. Department of State. 9 FAM 402.2 – Tourists and Business Visitors
A written employment contract is mandatory and must be in a language the employee understands. It has to guarantee the greater of the federal, state, or local minimum wage or the prevailing wage for an eight-hour workday; free room and board plus round-trip airfare; that the employer is the worker’s sole source of employment; and at least two weeks’ notice before termination by either party.1U.S. Department of State. 9 FAM 402.2 – Tourists and Business Visitors
H-2B Temporary Worker
The H-2B is the usual route when the employer doesn’t qualify for B-1, but it only covers genuinely temporary jobs. The Department of Labor recognizes four kinds of temporary need: a one-time occurrence, a seasonal need, a peak-load need, or an intermittent need.2U.S. Citizenship and Immigration Services. H-2B Temporary Non-Agricultural Workers A year-round permanent housekeeper doesn’t fit.
You must pay at least the prevailing wage or the applicable minimum wage, whichever is higher.3eCFR. 20 CFR Part 655 Subpart A – Labor Certification Process for Temporary Employment in the United States The H-2B program is capped at 66,000 visas per fiscal year, split evenly between the two halves of the year. Congress and DHS sometimes authorize supplemental numbers; for fiscal year 2026, DHS made up to 64,716 additional visas available, primarily for returning workers.4Federal Register. Exercise of Time-Limited Authority To Increase the Fiscal Year 2026 Numerical Limitation for the H-2B Program Even so, the cap fills fast and approval isn’t guaranteed.
A-3 and G-5 for Diplomatic Households
If you work for a foreign government, an A-3 visa can cover a personal employee, provided you hold A-1 or A-2 status. The G-5 does the same job for personal employees of international organization staff holding G-1 through G-4 status.5U.S. Department of State. 9 FAM 402.3 – Officials and Employees of Foreign Governments and International Organizations These visas require a signed employment contract and are limited to the diplomatic or organizational setting.
A J-1 Au Pair Is Not a Housekeeper
Don’t confuse au pairs with housekeepers. The J-1 au pair program is cultural exchange, capped at one year, limited to childcare, and bound by a 10-hour daily and 45-hour weekly ceiling with mandatory time off, paid vacation, and up to $500 in host-family support for academic coursework.6eCFR. 22 CFR 62.31 – Au Pairs Assigning general housekeeping duties to an au pair breaks the terms of the program.
Sponsoring the Worker
The steps depend on the category. The H-2B path is the most involved and shows the general shape.
H-2B Sponsorship, Step by Step
Start by requesting a prevailing wage determination from the Department of Labor’s National Prevailing Wage Center at least 60 days before you need certification.7U.S. Department of Labor. H-2B Temporary Non-agricultural Program Run the required recruitment to test whether qualified U.S. workers are available. With that in hand, apply to the Department of Labor for a temporary labor certification.
Once labor certification is approved, file Form I-129, Petition for a Nonimmigrant Worker, with USCIS.8U.S. Citizenship and Immigration Services. Form I-129, Petition for a Nonimmigrant Worker Standard processing runs months. Premium processing for H-2B petitions costs $1,780 and commits USCIS to act within 15 business days.9U.S. Citizenship and Immigration Services. USCIS to Increase Premium Processing Fees
The Worker’s Consular Step
After petition approval, the housekeeper applies at a U.S. embassy or consulate abroad. That means Form DS-160, the online nonimmigrant visa application, followed by an interview, biometrics, and the visa fee.10U.S. Department of State. Online Nonimmigrant Visa Application A consular officer decides the case. If approved, Customs and Border Protection makes the final admission decision at the port of entry.
The B-1 path skips the USCIS petition. The worker applies directly at the consulate with the signed employment contract and proof both sides meet the eligibility rules, using the same DS-160 and interview process.
Verify Work Authorization on Day One
Every U.S. employer, household employers included, must complete Form I-9 for each new hire. The employee fills out their section on the first day of work; you examine their identity and work authorization documents and complete your section within three business days of the hire date.11U.S. Citizenship and Immigration Services. I-9, Employment Eligibility Verification
Keep the completed I-9 for three years after the hire date, or one year after employment ends, whichever is later.12U.S. Citizenship and Immigration Services. 10.0 Retaining Form I-9 Household employers skip this step often, and immigration enforcement checks it easily.
Register as a Household Employer for Taxes
Once you pay a household employee $3,000 or more in cash wages during 2026, Social Security and Medicare taxes apply. Social Security runs 6.2% from you and 6.2% from the employee on wages up to $184,500. Medicare is 1.45% each with no wage cap.13Internal Revenue Service. Publication 926 (2026), Household Employer’s Tax Guide
Federal unemployment tax works separately. If you pay $1,000 or more in total cash wages to household employees in any calendar quarter, the first $7,000 per employee is subject to FUTA at 6%, usually reduced to an effective 0.6% by a credit for state unemployment tax paid.13Internal Revenue Service. Publication 926 (2026), Household Employer’s Tax Guide
Report and pay these taxes on Schedule H, filed with your personal Form 1040. For the 2026 tax year, the filing deadline is April 15, 2027. You’ll need an Employer Identification Number to file, which you can apply for online at IRS.gov.13Internal Revenue Service. Publication 926 (2026), Household Employer’s Tax Guide
Federal income tax withholding is optional and only happens if you and the employee agree to it. Without withholding, your employee may face a large April bill, so many households arrange voluntary withholding.
Wages, Contract, and Records
H-2B workers must be paid the prevailing wage for the occupation in your geographic area. B-1 contracts must guarantee at least the greater of the federal, state, or local minimum wage, or the prevailing wage. Overtime applies once weekly hours exceed 40, in line with federal and state labor law.
Federal regulations require specific records for each domestic employee: full name, Social Security number, address, total hours worked each week, and total cash wages paid each week. If you credit room and board against wages, record those weekly amounts too. Keep the records at least three years.14eCFR. 29 CFR 552.110 – Recordkeeping Requirements The Department of Labor can inspect them at any time.15U.S. Department of Labor. Fact Sheet 21 – Recordkeeping Requirements Under the Fair Labor Standards Act
A written employment contract is mandatory for B-1, A-3, and G-5 workers, and worth having for every category. It should cover duties, schedule, pay rate and frequency, living arrangements if any, holidays, and sick leave. For B-1 workers the contract must be in a language the employee understands.1U.S. Department of State. 9 FAM 402.2 – Tourists and Business Visitors
Workers’ compensation coverage for domestic employees is set by state law and varies widely. Some states require coverage above an hours or earnings threshold, a few require it for any household worker, and a few leave it optional. Check your state’s workers’ compensation agency for the rule that applies to you.
What Non-Compliance Costs
Knowingly hiring an unauthorized worker carries a civil fine of $250 to $2,000 per worker for a first offense, $2,000 to $5,000 for a second, and $3,000 to $10,000 for a third or later violation.16Office of the Law Revision Counsel. 8 USC 1324a – Unlawful Employment of Aliens Paperwork violations are separate: an improper or missing I-9 can trigger a fine of $288 to $2,861 per form even when the worker was authorized. Technical errors get a 10-business-day correction window before penalties apply.
A pattern or practice of hiring unauthorized workers is a crime, with fines up to $3,000 per worker and up to six months in prison.16Office of the Law Revision Counsel. 8 USC 1324a – Unlawful Employment of Aliens Unpaid household employment taxes bring IRS penalties and interest on top.
If You Want the Housekeeper to Stay Permanently
The visas above are all temporary. To sponsor a housekeeper for a green card, the usual route is PERM labor certification followed by an employer-sponsored immigrant petition, typically in the EB-3 category for workers without advanced degrees.
PERM requires a prevailing wage determination, a round of recruitment showing no qualified U.S. workers are available, and a certification application to the Department of Labor.17U.S. Department of Labor. Permanent Labor Certification (PERM) Once certified, the employer files an immigrant petition with USCIS, and the worker then applies for an immigrant visa abroad or adjusts status in the U.S.
Expect years, significant legal fees, and long backlogs in the EB-3 unskilled category for workers from certain countries. It only makes sense if you’re committed to a long-term relationship and prepared for the cost.