The labor certification process for so-called “household domestic service workers” varies slightly to the extent that specific documents are required to be kept by the employer in the PERM audit file.
As a preliminary matter, household domestic service workers must be distinguished from household positions that provide health services such as home health aides, or those positions that provide instructional services such as a child tutor.
To determine the nature of the household position, the Department of Labor looks at the description of the job duties, not the job title. Examples of household domestic service workers are domestic housekeeper, general housekeeper, butler, child monitor, personal attendant, laundry worker, or cook.
The audit file of household domestic service workers must contain the following documents: first, a statement regarding the worker’s living accommodations; second, two copies of the employment contract; and thirdly, document showing at least one year of full-time employment as household domestic service worker.
The statement about the worker’s living accommodations must include the type of residence (apartment or house); the number of rooms the residence has; the occupants (the number of adults and children) and whether room and board are provided.
The employment contract must contain a detailed description of the job duties, the weekly or hourly wage, and the work hours per week as well as the exact hours when the alien works. It must state that the alien will reside in the employer’s premises and is free to leave during non-work hours, unless the alien will render overtime work for which s/he will be paid the legal overtime hourly rate. It must also state that private room and board will be provided to the worker at no cost.
Also, the employment contract must indicate the total amount of money advanced by the employer, if any, with specific details and terms for repayment by the worker. The contract must also provide that the worker will not be required to give more than 2 weeks’ notice before terminating employment. It should contain all other terms and conditions of employment not specified on the application form.
Finally, the audit file must contain documents that show at least one year of full-time employment as household domestic service worker. The documents must indicate the start and end dates of employment; work hours per day and the number of days worked per week; a description of the job duties, including equipment or appliances used; and the weekly or monthly wages paid.
The statement must be signed by a past or present employer and indicate the full name and address of the signatory and date when the statement was signed.
Editor’s Note: REUBEN S. SEGURITAN has been practicing law for over 30 years. For further information, you may call him at 212 695 5281 or log on to his website at http://www.seguritan.com/.