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 (213) 375-4084.
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.
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.
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.
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