Can my new boss keep my passport if I'm working for an embassy?
Quick Summary
No, it is not legal for your prospective employer to keep your passport or your employment contract. Under federal law, an A-3 visa contract must specifically include an agreement by the employer not to withhold these items.
The situation
I am currently in the process of applying for an A-3 visa so I can move from my home country to Washington, D.C., to work as a live-in housekeeper for a diplomat at an embassy. I signed an employment contract about three weeks ago, and we have already agreed on my weekly pay of $850 and my schedule of 40 hours per week. However, during our last phone call yesterday, my prospective employer mentioned that because I will be living in their private residence, they need to hold onto my passport for 'safekeeping' and security reasons once I arrive in the United States. They also said they might need to hold my original employment papers until my first three months of work are completed. I have already looked over the basic job duties and the pay schedule they sent me, but I am very worried about them taking my personal documents. I want to make sure my rights are protected before I go to my interview at the consulate next month. Is it actually legal for an employer at a diplomatic mission to keep my passport or my contract as a condition of my employment in the U.S.?
Detailed Analysis
Based on the details of your situation, your prospective employer's request is a violation of the requirements for an A-3 visa. For you to receive your visa, your employment contract must include a specific clause regarding your personal documents.
The law states that the contract between the employer and domestic worker "shall include... An agreement by the employer not to withhold the passport, employment contract, or other personal property of the employee"[1]. This means your employer is legally forbidden from taking your passport for 'safekeeping' or holding your original contract for three months. This rule is designed to prevent worker exploitation and ensure you maintain control over your own identity and legal documents.
Furthermore, the Secretary of State is prohibited from issuing your A-3 visa unless your contract contains these specific protections[1]. Because your employer has already stated they intend to withhold these items, your current contract may not meet the legal standards required for your visa approval.
During your upcoming interview at the consulate, a consular officer is required to review the terms of your contract with you[1]. They are also tasked with ensuring you understand your legal rights and the illegality of worker exploitation[2]. If your employer refuses to change the terms of the agreement to remove the requirement to hand over your passport, you may face issues with your visa issuance.
State, provincial, or local laws may add further rules regarding employment and personal property rights.
Statutory Citations
Legal Citation: Immigration and Nationality Act § 8 U.S.C. § 1375c — Protections, remedies, and limitations on issuance for A–3 and G–5 visas
"The contract between the employer and domestic worker... shall include... (C) an agreement by the employer not to withhold the passport, employment contract, or other personal property of the employee."View Official Legislation →
Legal Citation: Immigration and Nationality Act § 8 U.S.C. § 1375b — Protections for domestic workers and other nonimmigrants
"A consular officer conducting an interview of an alien for an employment-based nonimmigrant visa shall... confirm that the alien has received, read, and understood the contents of the pamphlet..."View Official Legislation →
Important Legal Disclaimer
General legal information, not formal legal advice. The information provided on LawAsked does not constitute formal legal advice and creates no attorney-client relationship. If you require legal assistance, please consult a licensed attorney in your jurisdiction.
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