Skip to main content

I want to work as a nanny for 6 months with a friend of my family. Which visa should I apply for?

Portland, OR |

I've been asked to be a nanny for a couple of months. My employer never had a nanny before, but I read on the government site that my employer must have had some nanny before, but I am their first. I can keep my insurance in Holland. Should I apply for a B1 business visa? And then supply our contract? Do I have to file for a work authorization? What is our best option?

Attorney Answers 4

Posted

If your your employer is on a non-immigrant visa such as "E 1 or 2 or L-1, then the employer has indeed the rights to hire a foreign national "domestic worker" (nanny, or housekeeper).

Te foreign worker will be admitted to the US on a B-1 visa and typically given 6 mots at the airport, which can be extended with USCIS by filling g Form I-539. Te foreign worker can also apply for an employment authorization with ISCIS on Form I-539.

When applying at the consulate an employment contract must be presented.

If your prospective employer is a USC or green card holder, then he can help you obtain a J-1 visa as an au pair or on a cultural exchange of some sorts.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

Mark as helpful

6 lawyers agree

2 comments

Asker

Posted

I looked for that J visa as an au pair, but you have to go get into a program which doesn't allow you to chose your own family. Also I have to attend school while this is more an opportunity for me to see more of America. My employer is a USC

Giacomo Jacques Behar

Giacomo Jacques Behar

Posted

In that case none of the options I mentioned are available to you. The ideal would have been if your employer would have been a foreign national.

Posted

What more can be said than what Attorney Behar has said already! I agree.

Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104

Mark as helpful

6 lawyers agree

Posted

The family and try and seek H2B visa. it is hard to get since they will have to show temporary nature and specific timelines of this project, which will not be easy to do.

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

Mark as helpful

4 lawyers agree

Posted

J-1.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

Mark as helpful

2 lawyers agree

Employment topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics