The National Clearinghouse on Disability and Exchange presents...

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Presentation transcript:

The National Clearinghouse on Disability and Exchange presents... International Travel with a Personal Attendant

Introduction What is the National Clearinghouse on Disability and Exchange (NCDE)? What is a PA / PCA?

Presenters Justin Harford MIUSA Program Coordinator Sergio Taleisnik Argentinian University Student Abigail Lehner CIEE Communications Coordinator

Disclaimer We are not immigration lawyers. The information provided in this presentation is based on our personal experience. It should only be used as a guide to facilitate understanding the process of taking a personal assistant into the USA or going abroad. We cannot guarantee that it will be accurate for your situation. We strongly advised that you carefully research relevant regulations for your destination, and feel free to reach out to us if we can help in that search.

Coming to the US with a personal assistant (AND NOT STRESSING SO MUCH)

Outline Coming to the US 1.Finding an assistant 2.Securing funding 3.Getting the assistant a B1 Visa 4.Entering the US with your assistant – going through CBP 5.Requesting an EAD for your assistant 6.Maintaining status of your assistant 7.Particularities of the relationship with a long-term personal assistant

1. Finding an assistant What to look for What not to look for Gender? Age? Smoker? Organized? It’s personal Emotionally stable Excitement about traveling Compatible lifestyle What not to look for Looking only at the money Too picky from the very beginning

2. Securing funding What type of expenses will your assistant require? Monthly salary Round trip Health insurance Lodging Food Immigration documents Extras: phone, vehicle Ideas for obtaining funding for assistant Private entities Friends and family

3.1 Getting the assistant a B1 Visa Personal or domestic employees who are accompanying or following to join an employer in the United States are eligible for B-1 visas. Employer can be on B, E, F, H, I, J, L, M, O, P, or Q status. Requirements: The employee has a residence abroad which he or she has no intention of abandoning The employee can demonstrate at least one year’s experience as a personal employee or domestic worker The employee has been employed abroad by the employer as a personal employee or domestic worker for at least one year prior to the date of the employer’s admission to the United States or if the employee-employer relationship existed immediately prior to the time of visa application, the employer can demonstrate that he or she has regularly employed (either year-round or seasonally) personal employees or domestic worker’s over a period of several years preceding the domestic employee’s visa application for a nonimmigrant B-1 visa;

3.2 Getting the assistant a B1 Visa More requirements: The applicant must have an employment contract that has been signed and dated by the employer and employee, and the contract must include the following provisions: The employee will receive the greater of the minimum wage under U.S. federal, state, or local law The employee will receive free room and board; The employer will be the only provider of employment to the employee; and The employer must pay the domestic’s initial travel expenses to the United States, and subsequently to the employer’s onward assignment, or to the employee’s country of normal residence at the termination of the assignment. Good to include: Doctor’s certificate Sponsor and university letter Show where the money comes from https://uk.usembassy.gov/visas/domestic-employee/

4. Entering the US with your assistant Fly and go through customs together Make the employer go first through customs Have all documentation ready Stay next to your employee when he’s speaking with the official Stay calm IMPORTANT: KINDLY REQUEST A STAY LONGER THAN THE STANDARD THREE MONTHS

5. Requesting an EAD for your assistant Certain foreign nationals who are in the United States may file Form I-765, Application for Employment Authorization, to request employment authorization and an Employment Authorization Document (EAD). Do it as soon as you arrive! Read the instructions carefully Add as much evidence as you can (similar to the visa application process) The processing takes time You’ll receive a notice by US Customs and Immigration Services (USCIS) letting you know they’re processing the form

6. Maintaining status of your assistant If you want to extend your stay in the United States, you must file a request before your authorized period of stay expires. If you stay in the United States after your authorized period of stay has expired, you may be barred from returning and/or you may be removed (deported) from the United States. Do it well ahead of time Read the instructions carefully Add as much as evidence as you can (similar to the visa application process) The processing takes time You’ll receive a notice by USCIS letting you know they’re processing the form

7. Particularities of the relationship with a long-term personal assistant This is not a traditional employer-employee relationship Consider your assistant’s needs Be tolerant Become friends?

Going outside the US with a personal care assistant Traveling abroad as a US citizen to Berlin, Germany for an 8-week internship

Outline Going outside the US For what purpose are you allowed to bring a PA? Funding, housing, meals, and other accommodations How to manage a lot of one-on-one time Communicating your needs Documentation General travel tips as a wheelchair user

Going abroad for an Internship As a student... How traveling abroad for ‘educational purposes’ allowed PA accompaniment Paying for PA’s flights, housing, & other accommodations... CIEE - Program Provider Other cost factors: transportation, meals, travel insurance Scholarships: APPLY!

While in Berlin Managing PA services... Duration of exchange: 2 months 1 PA for 5 weeks; 1 PA for 3 weeks How to schedule hours Open communication & compromise... Clearly defining your needs and expectations Understanding the needs of your PA - they’re human too!

Other important factors to consider Documentation to bring... Proof of Purpose (ex… acceptance letter from university/internship) Medical Documentation Contracts & other sign agreements Travel Tips! Keep in mind... Phone plan: keep your current plan or get a new phone? Bank Information Transportation & accessibility Language & Vocabulary Back-Up Emergency Plan...

Contact Justin Harford jharford@miusa.org Sergio Taleisnik taleisnik@ucc.edu.ar Abigail Lehner alehner@ciee.org

Questions PA? What’s that? Can a PA be a friend, family member or fellow program participant? Who pays for a PA and how? How long can a student be abroad with their personal attendant? How do we work with our overseas partners in supporting PCAs?