United Nations Visa Committee (Ny)

UNITED NATIONS NATIONS UNIES

UNITED NATIONS VISA COMMITTEE (NY)

GUIDANCE ON

G-5 VISA APPLICATIONS

Documents must be scanned to and prior to submitting them in person.

Submission days and hours are Mondays, Wednesdays and Fridays only between 10am and 1pm

Please allow 2-3 weeks for processingafter you have submitted all required documentation.

Note: Please refer to 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 for US compliance requirements and ST/IC/2013/30 of 4 October 2013 as well as ST/IC/2014/19-of 24 July 2014

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...... 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...... p.12

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

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

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

Frequently asked questions...... pp.14-15

GENERAL GUIDELINES

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

1. A signed copy of the undertaking by the staff member;

1. 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;

Spouse’s statement of Earnings (if applicable);

Pre-notification (form P.210A); and

Budget Sheet (not required for ASGs and USGs) – (form P.210B) - include proof of all sources of income.

1. A signed and notarized original standard contract (United States visa regulations required 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 US Consulate in the country where application is being made); and

1. 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 o request for the forms. For substantive questions, e-mail to Rula Eid-Greco at

Once you have scanned the application and the Visa Committee team approves the electronic submission, please submit the complete original application in hard copy to:

Rula Eid Greco or Niranjan Fernando, Visa Committee

Secretariat building 405 E 42nd Street, 18th Floor, Rm. S-1808 and S-1809

Mondays, Wednesdays and Fridays ONLY

between 10am-1pm

Within 2 weeks, we will contact you on the status of your application.

Please note that the Visa Committee may request additional information.

Key Criteria Reviewed by Visa Committee

1. The staff member holds a valid G-4 visa;

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

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

1. 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;

1. 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;

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

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

1. Both parties have signed and notarized the standard contract.

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 prevailing wage is $ /week, and the minimum wage is $/week.
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?
Pls. SelectRepatriationChange of StatusAbscondment / Yes / No
Pls. SelectRepatriationChange of StatusAbscondment / Yes / No
Pls. SelectRepatriationChange of StatusAbscondment / 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:

1

P.210 (7-15)

UNITED NATIONS NATIONS UNIES

UNITED NATIONS VISA COMMITTEE

UNDERTAKING BY THE STAFF MEMBER

I understand that only G-4 visa holders are entitled to have a domestic employee with a G-5 visa and that the eligibility ceases when the staff member ceases to hold a G-4 visa and that any change in status or intention to change must be reported immediately. This provision includes both either retirement or 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 will first inform the Visa Committee in writing of my intentions in order to take the necessary steps to cancel my domestic employee’s G-5 visa and repatriate him/her (to his/her home country).

I also understand that I am required as an employer to retain records of employment and proof of wage payments made, to include a copy of the signed contract, weekly records of the number of hours worked, and proof of the payments made in connection to that work (e.g., cancelled checks or electronic fund transfers, or signed receipts of cash payments during the first 90 days of employment). I further confirm that I will maintain these records for the duration of the employment of my current domestic employee (and previous domestic employee(s), if any) plus three years thereafter.

I understand that it is my responsibility to be informed of and comply with the specific laws of the Host Country which apply to my situation and that I may need legal counsel to verify my legal obligations. I further certify that I have carefully read the ST/IC/2014/19 entitled “Employment of household employees on G-5 visas” dated 24 July 2014 and its Annex, and confirm that I understand and accept the possible consequences of non-compliance with the requirements both at the United Nations and Host Country levels.

I shall provide current records (wages, Social Security payments, health insurance) to the Visa Committee within three months of the arrival of a new domestic employee. These records, as well as the initial and subsequently renewed contracts, will be presented to the Visa Committee on a yearly basis.

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 entry into the United States. I will also keep the Visa Committee informed with regard to any change in the contractual relationship. In the event of termination of employment, I will ensure that the G-5 visa issued to the domestic employee is cancelled prior to his or her departure from the United States.

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 Staff Rules.

Name and Signature / Date

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.

UNITED NATIONS VISA COMMITTEE

STANDARD CONTRACT FOR DOMESTIC EMPLOYEES UNDER G-5 VISA

This contract of employment is made on this / day of / 20
between / (the “Employer”), who is a United Nations
staff member holding a valid G-4 visa, residing at
and / , / who presently resides at
in / .

1. For the duration of this contract, the Employer shall pay the Employee a gross salary of US$[1] per week for the performance of his/her duties. Salary payments shall be made every week or every two weeks from the beginning of this contract and shall be in accordance with the United States State or Federal minimum or prevailing wage, whichever is greater. Within 90 days from the commencement of employment, salary payments/wages shall be made by check or electronic funds transfer into a bank account in the United States that must be in the Employee’s name only.

1. The Employee shall work eight hours a day, five days a week. Any hours worked in excess of the normal 40 hours per week are considered overtime hours and shall be paid in accordance with the requirements of Local law. For a live-in domestic employee, the Employer must pay the Employee overtime wages for all hours worked above 44 hours per week.Hours in which the Employee is “on call” count as work hours.

1. The Employee shall get two full days off per week. He/She shall be free to leave the Employer’s premises at all times other than regular or overtime working hours.

1. The Employee shall get two weeks of paid vacation within every fifty-two weeks. The Employee will also be provided with paid sick days and paid national holidays within every fifty-two weeks.

1. The Employer shall not make any deductions for meals, housing, medical care, medical insurance or travel expenses (as detailed in paragraph 6 below) from the wages of the Employee.

1. The Employer shall bear all the costs of the Employee’s travel from to the Employer’s residence at the beginning of this contract, and from the Employer’s residence to on termination of employment. The Employer shall bear the travel costs related to any trips in which the Employee has been asked to accompany the Employer or the Employer’s family.

1. The Employee’s duties shall bedomestic work, including childcare (number of children: ), at the Employer’s place of residence. A detailed description of the work to be performed is annexed to this contract.

1. The Employee shall not accept any other employment while working for the Employer[2].

1. The Employer shall not withhold the passport, visa, orany I-94 card of the Employee. Furthermore, the Employer shall not withhold a copy of the employment contract or other personal property of the Employee for any reason. Such personal property may include, but is not limited to bank cards or statements, computers or cell phones of the Employee.

1. Either party may terminate this contract by notifying, in writing, the other party a month in advance. In such an event, the Employer shall repatriate the Employee to bearing all travel costs. The Employer shall submit proof of repatriation (copies of airline ticket and boarding passes) to the Visa Committee. If the G-5 visa stamp in the passport is valid, the Employer must submit the passport to the Visa Committee for visa cancellation prior to the departure of the Employee.

1. The duration of this contract shall be one year from the date of the Employee’s arrival. Thereafter, the contract may be renewed for one-year periods with the agreement of both parties.

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

1. A copy of the original contract and all renewal contracts signed by both parties will be filed with the United Nations Visa Committee.

1. The parties hereto agree to act in good faith in fulfilling their respective obligations under this contract and local law.

1. The employer further agrees to abide by appropriate federal, state and local laws in the United States.

1. The Employer is required to retain records of employment including a copy of the signed contract between employer and employee, weekly records of the number of hours worked, and proof of the payments made in connection to that work (e.g. cancelled checks or electronic fund transfer records, or signed receipts of cash payments made during the first 90 days of employment). These records will be maintained for the duration of the domestic worker’s employment plus three years thereafter.

1. The parties acknowledge that this contract is subject to local jurisdiction(s).

1. This contract is required for the sole purpose of demonstrating that an agreement exists between the parties. The United Nations expresses no judgment on the legality of its terms and assumes no responsibility for either party’s adherence to it.

Two originals each of this contact (comprising 18clauses), have been prepared in both English and , and are signed and notarized by both the Employer and Employee, and the Employee has been given an original copy of each version.

Signature of Employer / Date
Signature of Employee / Date

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 of recommendations from previous employers.
The domestic employee is not a relative of the staff member (by blood, adoption or marriage), 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 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 by submitting the attached budget sheet. (Staff at the ASG level and above need not demonstrate ability to pay)
Both parties have signed and notarized the standard contract
FORMS REQUIRED / CHECK BOX
TTS.1 (with all relevant certifications and signatures)
P.210A (Prenotification)
P.210B (Computation Sheet if income is under D1 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 front and back
Notarized reference letter unless the domestic 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 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 under the domestic’s name for the duration of the previous contract as per ST/IC/2009/42 and ST/IC/2014/--- (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 Federal and City/State Income Taxes. Please include the copy of the return and the cancelled check as proof of payment.
Proof of payment of Social Security Taxes. Please include the copy of the return and the cancelled check as proof of payment.
Proof of Health Insurance
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