Last Updated on December 6, 2024 by Linda Lee
When families want to hire nannies or childcare workers from outside of the United States, the process to obtain a nanny visa can be tricky. There are no specific visas designed for nannies but there are options with other visa types. Our immigration law office, ILOLA, is very experienced in handling nanny visas in the United States and have successfully helped hundreds of clients obtain these visas for their childcare needs.
Hiring a nanny from another country is more than just finding the right fit, there is an intricate immigration process behind it. In this guide, we will go over the nanny visa process, USCIS fees and more.
Understanding H-2B Visas for Nannies
An H-2B visa grants permission to live and work in the host country temporarily, allowing nannies to provide childcare services to host families.
Eligibility Criteria for H-2B Nanny Visas
To qualify for an H-2B nanny visa, both the employer and the nanny must meet certain criteria:
- Employer Eligibility: The employer must demonstrate that there are no qualified U.S. workers available to fill the nanny position and that hiring a foreign nanny will not adversely affect the wages and working conditions of U.S. workers in similar positions.
- Nanny Eligibility: The nanny must meet the qualifications specified by the employer, which typically include relevant experience in childcare, a clean background check, and the intent to return to their home country upon the expiration of the visa.
Application Process for H-2B Nanny Visa
The process of obtaining an H-2B visa for a nanny involves several steps:
- Labor Certification: The employer must obtain a temporary labor certification from the U.S. Department of Labor (DOL) certifying that there are no qualified U.S. workers available for the position.
- Form I-129 Petition: Once the labor certification is approved, the employer files Form I-129, Petition for a Nonimmigrant Worker, with U.S. Citizenship and Immigration Services (USCIS) on behalf of the nanny.
- Consular Processing: If the petition is approved, the nanny applies for an H-2B visa at the U.S. embassy or consulate in their home country. This involves an interview and providing supporting documentation.
- Arrival in the U.S.: Upon receiving the visa, the nanny can travel to the United States to commence employment with the sponsoring family.
Duration and Renewal of H-2B Nanny Visas
H-2B visas for nannies are typically granted for the duration of the employment contract, which is usually up to one year, with the possibility of extension for a total period not exceeding three years. To renew the visa, the employer must submit a new labor certification and petition before the current visa expires.
Nanny Visa Cost
The USCIS fee to file form I-129 is $1,090. If filing with Form I-907 for premium processing, the total USCIS fee is $1,685. All costs are accurate as of December 2024. Please refer to the USCIS fee calculator for more information on filing fees.
H-2B Visas for Caretakers: Specialized Support for Your Unique Needs
While the H-2B visa process for nannies and caretakers shares many similarities, there are distinct considerations and requirements for those seeking to employ caretakers under this visa category. Caretakers include a broader range of domestic workers such as personal care aides, home health aides, and other support personnel who provide essential care to individuals with specific needs.
Unique H-2B Visa Considerations for Caretakers
Job Duties and Requirements:
- Caretakers may have specialized responsibilities such as assisting with daily living activities, providing medical care under supervision, or offering companionship to individuals with disabilities or the elderly.
- Employers must clearly outline these duties in the job description to ensure compliance with labor certification requirements.
Temporary Need Justification:
- It’s crucial to demonstrate the temporary nature of the caretaking job, whether it’s due to seasonal demand, a regular caregiver’s temporary leave, or a specific short-term project.
Health and Safety Regulations:
- Given the personal and often medical nature of caretaking, employers must ensure that the working conditions meet all health and safety regulations.
- Proper training and qualifications of the caretaker should be documented and verified.
Benefits of Hiring our Experienced Nanny and Caretaker Visa Attorney
Navigating the complexities of nanny and caretaker visa applications requires expertise in immigration law and a thorough understanding of the unique challenges faced by families and nannies seeking to work together across international borders. Here’s why working with our experienced nanny and caretaker visa attorney is essential:
Specialized Knowledge
Nanny and caretaker visa applications involve specific legal requirements and procedures that may differ from other types of immigration applications. Our experienced nanny visa attorney possesses specialized knowledge in this niche area of immigration law, ensuring that clients receive tailored advice and guidance.
Comprehensive Guidance
From determining the most suitable visa category for your unique circumstances to preparing and submitting your application, our dedicated immigration attorney provides comprehensive guidance at every stage of the process. We help clients navigate complex paperwork, gather necessary documentation, and meet crucial deadlines with precision.
Strategic Planning
Our expert attorney develops personalized immigration strategies based on our client’s goals and priorities. We assess potential challenges and risks, offering strategic solutions to maximize the likelihood of a successful outcome.
Legal Advocacy
During the visa application process, unexpected issues or complications may arise. Our skilled attorney serves as a dedicated advocate for our clients, representing your interests and addressing any concerns with immigration authorities on your behalf.
Minimizing Errors and Delays
Mistakes on visa applications can lead to delays, rejections, or even legal consequences. By working with our accomplished visa attorney, clients benefit from meticulous attention to detail, minimizing the risk of errors and ensuring applications are prepared accurately and efficiently.
Keeping Up with Changes in Immigration Law
Immigration laws and policies are subject to frequent changes and updates. Our skillful attorney stays abreast of the latest developments in immigration law, ensuring that our clients receive guidance based on the most current regulations and requirements.
Peace of Mind
Navigating the nanny or caretaker visa application process can be overwhelming, especially for families and nannies facing time constraints or unfamiliar legal procedures. By entrusting your case to our immigration attorney, clients gain peace of mind knowing that their immigration matters are in capable hands.
CHOOSE ILOLA FOR YOUR NANNY AND CARETAKER VISA NEEDS
At ILOLA, our team of experienced immigration attorneys is dedicated to helping families and nannies or caregivers navigate the complexities of the visa application process with confidence and ease. With years of experience in nanny and caretaker visa cases, we understand the unique challenges and considerations involved in bringing caregivers from abroad.
Whether you’re a family seeking to sponsor an in-home employee, nanny, or caretaker aspiring to work in the United States, we provide personalized guidance and advocacy to achieve your immigration goals. From initial consultations to visa issuance, we are committed to delivering exceptional legal representation and ensuring a smooth and successful immigration journey for our clients.
Contact our law office today to schedule a consultation with an experienced H-2B nanny and caretaker visa attorney by calling (213) 375-4084.
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 (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 U.S. citizens 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 newborn 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 and traveling frequently would be exactly the type of situation that would qualify for an H-2B one-time need and must do the following:
Advertise in a newspaper or online to show that there were no qualified US Citizens or Lawful Permanent Residents.
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 a 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 (213) 375-4084
