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

HIDDEN IN THE HOME:

Abuse of Domestic Workers with Special Visas in the United States

II. KEY RECOMMENDATIONS 3 3

III. BACKGROUND 4 4

IV. TREATMENT OF MIGRANT DOMESTIC WORKERS WITH SPECIAL VISAS IN THE UNITED STATES 6 6

Case Studies 7 7
Specific Abuses Suffered 12 12
Assault and Battery 12 12
Limited Freedom of Movement 12 12

Withholding Passports 13 13
Limiting Workers' Right to Leave Employers' Premises and Speak with Strangers 13 13

Health and Safety Concerns 15 15

Health and Safety in the Workplace 15 15
Medical Treatment 16 16

Wage and Hour Concerns 16 16
Privacy Invasions 17 17
Psychological Abuse 18 18
Servitude, Forced Labor, and Trafficking in Persons 19 19

V. U.S. GOVERNMENT PROCEDURES, GUIDELINES, LAWS, AND REGULATIONS GOVERNING SPECIAL DOMESTIC WORKER VISAS 22 22

Visa Registration 23 23
Visa Issuance and Employment Contracts 23 23
Visa Extensions and Employment of Multiple Domestic Workers 25 25
Visa Transfer and Change of Status 26 26

VI. U.S. LAWS AND THEIR ENFORCEMENT: DOMESTIC WORKERS FALLING OUTSIDE GOVERNMENT SCRUTINY AND PROTECTIONS IN VIOLATION OF INTERNATIONAL LAW 27 27

Criminal Laws 27 27
Servitude, Forced Labor, and Trafficking in Persons 27 27

The National Worker Exploitation Task Force 28 28

Labor and Employment Laws 29 29
The National Labor Relations Act 29 29
Title VII and Sexual Harassment 30 30
The Occupational Safety and Health Act 30 30
The Fair Labor Standards Act 30 30

The Wage and Hour Division of the Department of Labor 31 31

Ineffectiveness of the Complaint-Driven Enforcement Model for Migrant Domestic Workers with Special Visas 32 32
Workers' Reluctance to File Complaints 32 32
Remaining in the United States to Pursue a Legal Remedy 33 33

Lack of Public Benefits and Work Authorization 34 34

Immunity for Employers of A-3 and G-5 Domestic Workers 34 34

Full Diplomatic Immunity 34 34
Limited Immunity 35 35

VII. INTERNATIONAL ORGANIZATIONS' INTERNAL REQUIREMENTS 36 36

The International Monetary Fund and the World Bank 36 36
The United Nations Secretariat 37 37
The Organization of American States 39 39

VIII. The United Kingdom: A Comparative Study 39 39

IX. RECOMMENDATIONS 40 40

General Recommendations 40 40
Detailed Recommendations 41 41

X. Acknowledgements 44 44

APPENDIX I: VISA ISSUANCE REQUIREMENTS 45 45

B-1 Domestic Workers 45 45
State Department Foreign Affairs Manual 45 45
A-3 and G-5 Domestic Workers 45 45
Immigration and Nationality Act 45 45
State Department Foreign Affairs Manual 46 46
State Department Circular Diplomatic Notes 46 46
International Organizations 46 46

APPENDIX II: Means of Discretionary Extension of Stay Available to the INS 49 49

APPENDIX III: LEGAL ISSUES RELEVANT TO MIGRANT DOMESTIC WORKERS 50 50

Servitude and Forced Labor 50 50
International Law 50 50
U.S. Law 52 52
Discrimination 53 53
International Law 53 53
U.S. Law Exclusions of Live-in Domestic Workers 54 54