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:
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.