Canva - Happy young Hispanic woman is babysitting, tutoring elementary age girl.

What kinds of temporary visas are available for nannies?

There are two types of temporary visas available for nannies:

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

In this post we will discuss H-2B Visas, if you would like to know more about the J-1 Visa option please go here once you are ready:
https://www.immigrationhelpla.com/immigration-law/nanny-visa

Rather speak to someone? Call us at: (800) 792-9889

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

  • The job opportunity is of a temporary nature and the the beneficiary meets the requirements for the job.
  • There are H-2B visas available (The are 66,000 Per year)
  • No job placement fees paid by the beneficiary and that the person is going to work at home.
  • The petitioner must show that there were no US Citizen or LPR (Lawful Permanent Resident) workers available and pay the wage rate and working conditions of similarly employed U.S. workers.
  • The position must be full-time.

Canva - Portrait of grandmother and granddaughter.

I have a new-born baby and my spouse and I work full time and travel frequently. Can I petition a nanny for an H-2B Visa?

Yes! The H-2B visa can be valid for up to three years.  Having a newborn with both parents working full time that travel frequently would be exactly the type of situation that would qualify for H-2B one time need and must do the following:

  1. Advertise in a newspaper or online to show that there were no qualified US Citizen or Lawful Permanent Resident.
  2. Proving to the Department of Labor (DOL) and the United States Citizenship and Immigration Services (USCIS) that the potential employer has a “one-time need” for the Nanny’s services. There must be a very specific end date for when the employer will no longer need the nanny’s services.
  3. One of the ways to prove one-time need is to show that  the petitioner has not employed people in the past and will not need them in the future after a specific end date.
  4. Explaining why neither parent can care for the child during the day.

 

Have Questions? Give us a Call at (800) 792-9889