Bear with me here. I am going to tell you everything you need to know, but you should understand first that I do not write the law, nor can I change the law. I am only a messenger of information. So please don't hold it against me that the news I'm about to share is not good news. Again, I am only providing you with information about the law as it currently stands.
A temporary working visa for a maid or housekeeper is not available to a US citizen who is living in the US permanently. So if a person is moving back to the US, he can't bring a domestic employee with him. Now in your case, while your husband is not coming back permanently, his intent is to leave the US again for work, and the employee is intending to stay with you. That will not work. If she were to travel back and forth with him, that might work, but that is not the situation in this case as you describe it.
In other words, requesting a B1 visitor visa for a housekeeper has to be for a temporary stay in the US. By US regulations, domestic employees of US citizens who permanently reside in the US cannot obtain non-immigrant domestic employee visas.
But if the employer is moving back on a temporary basis, then the employer can petition the domestic employee to come to the US, but only for those times that the employer is present in the US temporarily. So this will not work.
Now there may be an option for the employee to get an immigrant visa
as a domestic employee to live and work here permanently. But this will take years for her to be eligible for this, and the process is quite expensive and labor intensive. In fact, right now, the US government is currently reviewing immigrant visa applications for Philippines nationals in this category who had their employment based petitions filed on their behalf on or before September 22, 2006. So the wait time to be eligible to come to the US and live permanently, as a national of the Philippines in this employment category, is just under 7 years.
I'm very sorry. Believe me, I wish I had better news to share with you. But unfortunately, the law does not provide you with an option to do what it is that you want to do in this case. Please remember that often, the law does not provide a satisfactory solution for every scenario. As much as I would like to, there simply is nothing I can do about that, as is the case here. Again, I'm very sorry.
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