H-2b Nanny Visas

 

“Many American families hire foreign nannies as part of their childcare services. Nannies can be permanent or temporary, depending on the family’s needs.”

 

Employers may hire foreign workers for temporary non-agricultural work under the H-2b Nanny Visas (short-term, less than one year). To qualify as a temporary employer, the employer must have a:

Foreign nannies can come to the United States on either a temporary visa or a permanent green card, including the J-1 and H-2B visas:

You could sponsor your Nanny’s green card (but you will have to go through a lengthy and complicated hiring and application process and wait several years for your Nanny to qualify for a visa). These possibilities also decrease if your Nanny lives in the U.S. without legal status.

 

Visas for Hiring a Temporary Nanny

An individual can apply for a temporary visa to become a nanny under three categories: J-1, H-2B, and B2.

 

J-1 Visas for Au Pairs

An exchange visitor visa is the first option. Generally, nannies use the term “au pairs” when applying for a J-1 visa. There is a one-year validity period for J-1 visas, and the Nanny is generally allowed to extend the visa for up to one more year.

Families with no foreign worker in mind to hire as a nanny should consider the J-1 visa. To sponsor an au pair for a J-1 visa, the sponsoring family must work with a Department of State (DOS) designated sponsor.

Sponsors are responsible for overseeing and assisting with au pair applications. A sponsor is a member of an international network that hires and trains au pairs. The sponsor matches a foreigner affiliated with the sponsor’s network with a U.S. family.

For example, suppose the Johnson family would like their Russian niece, Natasha, to take up a nanny position in the U.S. A J-1 visa can only be acquired by affiliating with one of the DOS sponsors, which can be a long and difficult process. For this reason, the Johnson family is probably not a good candidate for the J-1 visa.

On the DOS J-1 website, you can find listings of current sponsors and comprehensive information on the J-1 nanny program, including details about how to apply and the responsibilities of a U.S. family.

 

H-2B Nonimmigrant Visas a Possibility for Nannies

You may be able to hire the best Nanny if you qualify for the temporary, H-2B nonimmigrant visa. DOS does not need the family to go through a sponsor. The family sponsors its H-2B nanny.

A nanny’s H-2B sponsorship involves several steps.

The family must obtain an Employer Identification number from the IRS to apply for H-2B visas. This must be presented to the Department of Labor and the U.S. Citizenship and Immigration Services (USCIS).

Obtaining an EIN isn’t difficult or expensive, but you should plan. For more information, see IRS Publication 926. To get the temporary employment certification, the family has to fill out an ETA Form 9142 with the Department of Labor.

USCIS receives the I-129 petition from the family after the DOL approves its temporary employment certification. , USCIS sends the approved I-129 to the Nanny’s home country’s consulate, and the consulate issues the H-2B visa to the Nanny.

It may be possible to change the status of the Nanny if she is already in the country by filing all paperwork with USCIS.

H-2B visas for nannies have some disadvantages. Also, H-2B visas are limited to 66,000 yearly, with 33,000 issued twice a year.

In some cases, this limit hits very quickly, resulting in no more visas available for the remaining six months of the fiscal year. Even if USCIS approves the I-129 petition, a visa may not be available for the Nanny if the H-2B process takes a long time.

In some cases, the limit may not apply if your Nanny had an H-2B visa sometime before applying or if she qualifies for a special exception (as they usually do). It is also important to prove to the DOL that there are no U.S. workers available to fill the position and that a prevailing wage will be paid.

Your Nanny must be from one of the countries eligible to apply for an H-2B visa. Return airfare for the Nanny must be paid if her employment ends before the agreed-upon date.

 

The employee’s family’s responsibility

The employee’s family’s responsibility is to cover these costs, no matter the reason for early termination. However, the family does not cover these costs if the Nanny leaves early.

For nannies accompanying temporary visa holders in the U.S., a B-2 visa may be available.

A B-1 visa can also be used to hire a nanny if you live outside the U.S. and temporarily travel to the U.S. or make frequent international transfers lasting two years or longer. Your job must bring you to the United States for no longer than four years.

To qualify for the B-1 visa, your Nanny must have been regularly employed by you while outside the U.S. for at least six months. During their time in the United States, your Nanny cannot work for anyone except you and must have at least one year of experience as a personal or domestic employee.

If you want your Nanny to work in the United States, you must provide her with free room and board and round-trip airfares.

 

Obtaining permanent U.S. residency for a nanny

A nanny can only work and live in the U.S. permanently if the family sponsors her for a green card. The option may not be suitable for every family, however. Labor certification or PERM, as well as a years-long waiting period before a visa becomes available, is involved in the process.

Also, if your Nanny already works for you, she must maintain her legal immigration status during the process.

 

Assisting a nanny with PERM certification

An employer (in this case, the family) must advertise for a job, interview applicants who meet the basic qualifications, and prove that there were no U.S. applicants who were available, qualified, and willing to work.

DOL considers nanny jobs as “nonprofessional” occupations since the position does not need a bachelor’s degree.

The nanny position is not professional, so the family has to advertise on the state’s workforce agency website twice in the area’s most prominent newspaper. Washington Post, for example, would be the perfect place to place newspaper ads for a family living in Washington, DC.

Following the end of the advertisements, we should submit a PERM application with the DOL. Following approval of the PERM by the DOL, the family files with USCIS an I-140 petition. This point, however, could lead to a significant slowdown in the process.

 

Inquiring for an Immigrant Visa or Green Card for the Nanny

Each year, Congress sets a numerical limit on the number of eligible immigrants for green cards. According to the employment-based visa system (EB-3), nannies fall into the third preference category. EB-3 consists of three subcategories.

 

 

As a result, nannies fall into the “Unskilled Workers” category since they need little training and experience. In many cases, there are more applicants for EB-3 visas than are available, resulting in long waiting lists.

In early 2021, Indians and Filipinos have long waiting lists, mainland Chinese had shorter ones, and everyone else had short ones.

According to the date of your PERM application, your Nanny will appear on the waiting list. As a result, the Nanny can get priority status on that date. A monthly Visa Bulletin indicates the priority dates for cases for which the Department of State can begin receiving applications and grant visas.

 

Nanny’s Application for U.S. Permanent Residence

The process of “change of status” (using USCIS Form I-485) is an option for your Nanny who is already legally in the country. She would need an “immigrant visa” if she came from overseas. She will automatically receive a green card when she enters the country.

She will have difficulty obtaining a green card if she is in the U.S. unlawfully (after overstaying her visa or entering the country illegally).

Due to the difficulty of obtaining an immigrant visa, the Nanny would need to exit the country and go to a U.S. consulate abroad. When a nanny leaves the country after 180 days, but less than one year in the country illegally, she faces a three-year bar to reentry.

An illegal stay of one year or more will trigger a ten-year bar to reentry when the Nanny leaves. Some exceptions are generally listed in Who Can Apply for a Green Card through Change of Status. Consult an immigration lawyer to learn about the consequences of illegal presence in the U.S.

Due to the backlog in priority dates, there are unique issues for nannies from India, China, and the Philippines, regardless of their immigration status.

To receive a green card, they must still prove that they intend to work for the sponsoring family, even after their current priority date. The need for a nanny is unlikely for the family’s children by the time the priority date is current.

Getting a green card is impossible without a priority date backlog nannies can only apply when the law permits. Consequently, green cards for nannies can be very difficult for families.

 

B1 visa for accompanying domestic help

Domestic workers with a B1 visa are eligible to accompany U.S. citizens, permanent residents, or foreign nationals on temporary visits to the country.

Both parties must sign a written employment contract that guarantees payment of the prevailing wage for an eight-hour workday and other benefits normally offered to American domestic workers. Visas of this type usually last six months but can be commonly extended.

 

PERM labor certification for long-term nannies

With PERM, a foreign nanny can work as a permanent employee for a host family. To get a PERM, a host family must prove there are no U.S. workers available for the job and pay the Nanny the prevailing wage.

The work does not have to be temporary; that is not necessary. As soon as the host family approves the application, the Nanny may apply for resident status. FAQs

 

Nanny visa FAQs

What types of temporary visas can nannies get?

Nannies are eligible for two types of temporary visas:

• H-2B (Temporary Non-Agricultural Workers) and
• J-1 (Exchange Visitors)

 

What are the requirements for an H-2B petition application?

The beneficiary is commonly offered a temporary job and meets all job requirements.

• Beneficiaries are not required to pay job placement fees and can work remotely.
• The position requires you to be able and willing to work full-time.
• To qualify, the petitioner must prove that no U.S. citizens or LPRs (Lawful Permanent Residents) can work under the same conditions and pay rates as comparable employed U.S. workers.

 

My spouse and I are full-time workers and frequent travelers. I have a newborn child. Can I apply for an H-2B Visa for a nanny?

Yes, of course! Visas for H-2B workers can last up to three years. The following are the requirements for H-2B one-time need when both parents work full-time and are traveling:

• Show that no U.S. Citizens or Lawful Permanent Residents were eligible in a newspaper or online.
• They are showing the USCIS and the DOL that the potential employer’s need for the Nanny’s services is a “one-time” one. The employer must specify when she will no longer need the Nanny’s services.
• When proving a one-time need, the petitioner can show that they haven’t employed people in the past and won’t need them in the future.
• Describe why neither parent can care for the child during the day.

 

Contact us today

Attorney Group’s qualified attorneys provide comprehensive, satisfactory answers to any questions you may have about U.S. immigration laws/ H-2b Nanny Visas. Become a client of ours today by scheduling a consultation.