Immigration for Nannies & Au Pairs in Los Angeles California
Visas for Nannies
Attorney Linda Lee and the legal team are award-winning immigration law attorneys who have established a stellar reputation with families, community members, and organizations both locally and nationally. Many people who seek entry into the United States or who need help with their immigration issues come to us because of our indisputable track record for success. Let us help you get through the complex immigration process and call us today at (800) 792-9889.
If you wish to host a foreign nanny/domestic worker for their services, you may secure their approved immigration status in the United States with one of four visa options.
J1 Visa and the Au Pair Program
The au pair program provides an easy way for host families to hire a foreign nanny with approval from the U.S. Department of State. The program charges a fee between $7,500 and $12,500 for services. Additionally, the au pair is paid between $250 and $450 per week. Host families who use this program are presented with a pool of preselected nannies, all of whom have gone through training and fulfilled the following requirements:
- Between the ages of 18 and 26;
- Graduated secondary school, or equivalent;
- Proficient in spoken English;
- Satisfactorily completed physical;
- Personally interviewed, in English, by a representative; and
- Successfully passed an extensive background investigation.
A selected au pair is usually granted a J1 visa that lasts for 12 months. An extension can be granted if the host family requests it.
H2B Visa for Temporary Help
The H2B visa is usually used by companies that run seasonal or intermittent businesses to get temporary help. However, host families may also petition for a foreign nanny to receive a H2B visa, provided they have proven that there are no U.S. workers available for the job and that the job is only temporary. Furthermore, nannies with H2B visas must work for less than 12 months each year and be paid the prevailing wage as defined by the U.S. Labor Department. The duration of the visa can be up to three years. Click Here
B1 Visa for Accompanying Domestic Help
The B1 visa is meant for domestic workers who wish to accompany U.S. citizens, permanent residents, or foreign nationals on their temporary stay in the U.S. A written employment contract must be drawn up between both parties that guarantee payment of the prevailing wage for an eight hour workday and benefits typically given to U.S. domestic workers. This type of visa is usually valid for no more than six months but can be extended.
PERM Labor Certification for Long-Term Nannies
PERM allows a host family to hire a foreign nanny for a permanent position. Similar to the H2B visa, PERM requires the host family to prove that no U.S. workers are available for the position and to pay the nanny a prevailing wage. Naturally, they are not required to prove that the work is temporary in nature. Once approved, the host family may petition for the nanny to attain resident status. Learn more about nanny green cards.
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If you have any questions about U.S. immigration laws and processes, the qualified attorneys at the Immigration Law Office of Los Angeles, P.C. will provide you with comprehensive, satisfactory answers. Schedule a consultation with us today.
Nanny Visa FAQ
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)
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.
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:
Advertise in a newspaper or online to show that there were no qualified US Citizen or Lawful Permanent Resident.
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.
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.
Explaining why neither parent can care for the child during the day.
Have Questions? Give us a Call at (800) 792-9889