Embassy of the United States

All domestic employees must obtain a business visa (B-1) prior to arrival in the United States.

During the visa interview, you will be expected to discuss your work history and current terms of employment. If you are not from China, you must provide your residence and work permit. If you are in China on a tourist or business investigation visa, you will have a difficult time proving you have strong enough ties to China to compel you to return.

As a domestic employee, you must have at least one year of employment with your current sponsor to be eligible to receive a B1 visa for this purpose.  Also, your employer must not intend to reside in the United States on a permanent basis. 

Additionally, you and your employer must have a signed employment contract that contains the following agreements and information:

• Name, nationality and passport number of the employer
• Name, nationality and passport number of the employee
• Description of the employee's duties while in the U.S.
• Date employee started working for present employer
• Salary to be paid to the employee while in the U.S.*
• An agreement that wages will be paid at least monthly
• The regular number of work hours per week is 40
• The employee will be entitled to 2 days off every week
• The maximum amount of overtime work (beyond 40 hours per week) which may be required of the employee per week and the rate for overtime pay per hour**
• An agreement that the employer will provide free airfare, room and board during travel to the U.S. in addition to the salary
• An agreement that the employer is responsible for the employee's medical expenses in the U.S. if and when required
• An agreement that the employee will not be required as a condition of employment to remain on the employer's premises other than during regular or overtime working hours
• An agreement that the employee will work only for the employer while in the U.S.

Please note: Fulfilling the visa application requirements listed above (including execution of the employment agreement) does not guarantee issuance of a visa.  A visa may be issued only when you (the applicant) independently qualify for non-immigrant visa status and when it is clear that all U.S. labor stands will, in fact, be upheld.

* The employer must guarantee that the employee will receive no less than the U.S. minimum or prevailing wage, which ever is greater, for all work performed.  The current minimum wage in the U.S. varies by state but is approximately USD 6.51 (RMB 46) per hour for all hours on duty.  This would equal USD 1041.60 (RMB 7395) per month, assuming a 40-hour workweek.  The prevailing wage is higher than the minimum wage for many metropolitan areas around the U.S.  For example, the prevailing hourly wage for the New York Metropolitan area is USD 9.41 (RMB 67), for the Washington, DC area is USD 7.20 (RMB 51), for the Chicago area is USD 7.20 (RMB 51) and for the Los Angeles area is USD 7.66 (RMB 54).

** Under U.S. federal law, the rate of overtime pay need not exceed the regular hourly rate if the employee resides with the employer.