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Immigration Law
- O-1 Visas: Immigration Options for the Extraordinary
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A family hoping to bring its foreign nanny to the U.S. for a short period of time can petition for the nanny to receive an H-2B visa. This visa permits a nanny to work in the United States for a family for up to three years. In order to qualify for an H-2B visa, the family employer must first demonstrate to the Department of Labor that there are no available U.S. workers that can fill the position and prove that the employer will pay a “prevailing wage.” Also, H-2B nannies must be citizens of an H-2B eligible country. There is an annual cap of 66,000 H-2B visas available so families are encouraged to begin this process as soon as possible.
If your family is interested in pursuing an H-2B visa for your nanny contact the experience immigration attorneys at Skylex for your free consultation.
Families who are interested in hiring an a foreign nanny may be interested in hiring an au pair through the Department of State’s J-1 exchange program. An au pair is sponsored by a family through official agencies (making this program optimal for families who do not have a specific nanny in mind). J-1 visas for au pairs are issued for up to one year with an option for to extend for up to an additional year. The J-1 visa au pair program has very specific requirements for both sponsors and au pairs. For more information click here
The immigration attorneys at Skylex understand how to navigate this complex process. If your family is interested in sponsoring your nanny for a Green Card, download Skylex today for your free consultation!
The descriptions discussed above are primarily available for nannies who are either not currently in the U.S. or are in the U.S. in a lawful status. Typically foreign nannies who entered the U.S. illegally are not eligible for a Green Card or a temporary work visa. However, due to recent changes in immigration laws certain nannies who entered the U.S. as children or are citizens of specific countries may be eligible to receive work authorization. The immigration attorneys at Skylex always offer free consultations to discuss possible options for obtaining work authorization for nannies.
