June 2001 Vol. 13, No. 2 (G)

HIDDEN IN THE HOME:

Abuse of Domestic Workers with Special Visas in the United States

I. SUMMARY 11

II. KEY RECOMMENDATIONS 33

III. BACKGROUND 44

IV. TREATMENT OF MIGRANT DOMESTIC WORKERS WITH SPECIAL VISAS IN THE UNITED STATES 66

Case Studies 77
Specific Abuses Suffered 1212
Assault and Battery 1212
Limited Freedom of Movement 1212

Withholding Passports 1313
Limiting Workers' Right to Leave Employers' Premises and Speak with Strangers 1313

Health and Safety Concerns 1515

Health and Safety in the Workplace 1515
Medical Treatment 1616

Wage and Hour Concerns 1616
Privacy Invasions 1717
Psychological Abuse 1818
Servitude, Forced Labor, and Trafficking in Persons 1919

V. U.S. GOVERNMENT PROCEDURES, GUIDELINES, LAWS, AND REGULATIONS GOVERNING SPECIAL DOMESTIC WORKER VISAS 2222

Visa Registration 2323
Visa Issuance and Employment Contracts 2323
Visa Extensions and Employment of Multiple Domestic Workers 2525
Visa Transfer and Change of Status 2626

VI. U.S. LAWS AND THEIR ENFORCEMENT: DOMESTIC WORKERS FALLING OUTSIDE GOVERNMENT SCRUTINY AND PROTECTIONS IN VIOLATION OF INTERNATIONAL LAW 2727

Criminal Laws 2727
Servitude, Forced Labor, and Trafficking in Persons 2727

The National Worker Exploitation Task Force 2828

Labor and Employment Laws 2929
The National Labor Relations Act 2929
Title VII and Sexual Harassment 3030
The Occupational Safety and Health Act 3030
The Fair Labor Standards Act 3030

The Wage and Hour Division of the Department of Labor 3131

Ineffectiveness of the Complaint-Driven Enforcement Model for Migrant Domestic Workers with Special Visas 3232
Workers' Reluctance to File Complaints 3232
Remaining in the United States to Pursue a Legal Remedy 3333

Lack of Public Benefits and Work Authorization 3434

Immunity for Employers of A-3 and G-5 Domestic Workers 3434

Full Diplomatic Immunity 3434
Limited Immunity 3535

VII. INTERNATIONAL ORGANIZATIONS' INTERNAL REQUIREMENTS 3636

The International Monetary Fund and the World Bank 3636
The United Nations Secretariat 3737
The Organization of American States 3939

VIII. The United Kingdom: A Comparative Study 3939

IX. RECOMMENDATIONS 4040

General Recommendations 4040
Detailed Recommendations 4141

X. Acknowledgements 4444

APPENDIX I: VISA ISSUANCE REQUIREMENTS 4545

B-1 Domestic Workers 4545
State Department Foreign Affairs Manual 4545
A-3 and G-5 Domestic Workers 4545
Immigration and Nationality Act 4545
State Department Foreign Affairs Manual 4646
State Department Circular Diplomatic Notes 4646
International Organizations 4646

APPENDIX II: Means of Discretionary Extension of Stay Available to the INS 4949

APPENDIX III: LEGAL ISSUES RELEVANT TO MIGRANT DOMESTIC WORKERS 5050

Servitude and Forced Labor 5050
International Law 5050
U.S. Law 5252
Discrimination 5353
International Law 5353
U.S. Law Exclusions of Live-in Domestic Workers 5454