When you accept a job offer in the United States, you can move with your foreign nanny or domestic worker. Your nanny can accompany you to the United States if your job sponsors you to remain in the U.S. for four years or more.
Bringing your own or other domestic workers to the United States is about more than just your history with them or their experience. There is an intricate immigration process that you and the nanny must follow. This ensures they can enter and work for you in the U.S., from obtaining a B-1 visa to a work permit and potentially adjusting your status. The process may be long and tedious.
However, not all temporary visa holders can enjoy this benefit. You must ensure that your visa falls under the eligible categories before you start the immigration process for your domestic workers.
Additionally, nanny and caretaker visa applications have different legal requirements. For this reason, you will benefit from the expertise of an immigration attorney to speed up the process and make it less strenuous.
Bringing your Foreign Domestic Worker to the United States as an Immigrant
The U.S. The Department of State allows some non-immigrants and U.S. citizens to bring their domestic servants into the United States. However, you and the employee must meet these requirements:
Draft and Sign a Contract
Drafting an agreement is the first step in bringing your domestic worker to the U.S. with you. If the employee qualifies for a visitor's visa, you can begin by gathering all the documents necessary to obtain this visa.
Your contract with the domestic worker must specify the following:
- Their work duties. You must indicate your domestic employee's duties and responsibilities while working for you. It is not enough to suggest that someone will serve as a nanny, a cook, or an assistant. You must indicate the specific roles that you expect them to undertake.
- Work hours. Another detail you must include in your contract is the number of hours the employee will work weekly. Like other state and federal employees, your domestic worker will receive protection from the labor laws.
- Compensation. You will indicate the amount you will give the employee as compensation for their work. Domestic employees working for non-immigrant families are entitled to receive a payment that equals or surpasses the minimum wage stipulated by the federal government. In addition to the payments, you must indicate any bonuses the employee must receive, travel expenses, and other costs related to moving and working in the U.S.
- An affirmation that you will cater for the travel and living expenses of the employee. In your contract, you must indicate your intention to shoulder the financial burden of getting the employee into the United States. Applying for a B-1 visa and a work permit costs money. Therefore, you must agree to shoulder these responsibilities.
- Confirmation that the employee only intends to work for you. When you sponsor a domestic worker and move with them to the U.S., they must agree to only work for you upon reaching the United States.
In addition to these requirements, you must provide evidence that the employee can keep their travel documents and leave their home when necessary. After drafting the contract, you must sign it. Besides, you must allow your employees to read and sign the contract.
Applying for the B-1 Visa
After drafting and signing a contract with your employees, the next step is for them to obtain a visa. As alien non-immigrants, your domestic or personal employees can move to the US with you after obtaining a B-1 visa.
Although a B-1 visa is a visitor's visa, the domestic world can use it to enter and work in the United States. However, your domestic servant can only work for you when you sponsor them for this type of visa. A B-1 visa grants a domestic worker admission into the U.S. for up to a year. The workers can make an extension request. The USCIS extends the stay for domestic workers on a B-1 visa with 6-month increments.
Domestic workers seeking a B-1 visa to work in the United States must meet the following eligibility requirements:
- They have a permanent residence to which they intend to return after their visa expires
- The employee has at least a year of experience working as a domestic servant
- The employee has worked for you for at least a year before moving with them to the US. If the employee has worked for you for less than a year, you must prove that you employ domestic servants regularly.
- Evidence of your status. You must qualify for temporary residence in the United States before bringing an employee into the country. Therefore, your status as a qualifying nonimmigrant will accompany your application.
The application process for a B-1 visa involves filing and submitting a DS-160 form. The information you provide on this form shows the consulate your intentions of wanting to enter the US. In this case, your employee will indicate their reason for wanting to move to the US as working for you.
After completing the DS-160, the USCIS will require the applicant to complete it through the online portal. After evaluating the information in their application, the embassy sends a confirmation code to the applicant. Most questions on the DS-160 are straightforward. However, you should advise your domestic workers to offer truthful answers.
After completing the application, the employee will pay the application fee. The USCIS will review the application and invite them for an interview. Different consulates have different rules on your ability to attend the interview with your employee.
Whether you attend the interview or not, you must ensure that your employee understands the regulations of a domestic worker visa. If your employee is satisfied with the application, the consulate will issue the B-1 visa for your employee to enter the US.
Applying for a Work Permit
A B-1 visa is a visitor visa useful for entry into the United States. Before your domestic worker begins working on the duties indicated on their contract, they must obtain a work permit. The employee will obtain a work permit or employment authorization document after entering the US by completing and submitting Form I-765.
The AED resembles the social security card, and it contains the personal details of the employee.
Types of Visa Holders Who Can Bring Domestic Workers to the United States
You can bring your nanny or other domestic worker to the United States if you hold any of the following visas:
B-1 nd B-2 Visa
A B-1/B-2 visa is a non-immigrant visa that allows a foreign national to travel to the United States for business or tourism. You can use this type of visa for a temporary stay, including vacation, or for up to ten years when you are in the country for business. If you hold this visa, you can move to the US with your nanny.
E- 2 Visa
An E-2 visa allows business people to work in the United States for a business they invest in. E-2 visas last for up to five years. Within the time you live and work in the U.S., you can apply for an adjustment of status. You qualify for the E-2 visa when you meet the following criteria:
- You are a citizen of a country with relevant treaties in the United States.
- You move to the U.S. to work for a company with a minimum of 50% ownership.
- You own a business or are a critical worker in the company.
- You intend to leave the U.S. after completing your business.
H-1B Visa
The H-1B is one of the most common nonimmigrant visas designated for temporary workers. If you are a tech worker, nurse, or other professional, you can move to the U.S. on this visa. Immigrants who hold this type of visa can remain in the U.S. for up to three years with another three-year extension. You can bring your foreign domestic worker into the country during your stay.
J-1 Visa
A J-1 visa is a type of visa aimed at promoting cultural and educational exchanges between the US and other countries. You can move to the US on this view when you register for the exchange programs focusing on teaching and receiving training. When you are in the U.S. on a J-1 visa, you can bring your spouse and children, who will hold a J-2 visa.
Exchange programs that qualify for this visa include government-sponsored and student programs offered through colleges and universities. While in the U.S., on this visa, you can process a B-1 visa for your domestic worker to come to work for you.
R Visa
An R visa is a short-term non-immigrant visa issued to individuals who receive offers for jobs in the religious sector. Your employer sponsors your stay in the United States on this visa. As mandated by the USCIS, R visas remain valid for thirty months. You can seek an extension to stay in a tech country.
With this type of visa, you can bring a cook, nanny, or other domestic worker to the US.
P Visas
The USCIS issues P-1, P-2, and P-3 visas for outstanding athletes, entertainment companies, and athletic teams. If you have a job offer in the United States under this category, you can temporarily move and reside in the country. Holders of this type of visa can sponsor their domestic workers to move with them.
Frequently Asked Questions on Moving to the United States for Work with Your Domestic Worker
Being accepted for a new job in the United States allows you and your family to move and live in the U.S. temporarily. Whether you are on a visit visa or are on business, you may want to move with your domestic workers. This is common when the cook, nanny, or other domestic worker is familiar with your children and household.
As an immigrant, you must deal with the USCIS to process your visa and other requirements for you, your spouse, and your children. Undergoing a similar situation to bring your domestic worker with you is tedious and complicated. The following are frequently asked questions on bringing your foreign domestic workers to the U.S. as you move:
What difference does my immigration status make when bringing foreign domestic workers into the US?
Whether or not you can bring a foreign domestic worker to the US depends on your immigration status. An immigrant is a foreign-born individual sponsored to enter and remain in the United States by a family member. The USCIS approves immigrants to live and work in the US with permanent residency or a green card.
To bring a foreign nanny to the US as an immigrant, the nanny or other domestic worker must hold an H-2B visa. This visa is valid for one year, and the USCIS can offer an extension to qualifying individuals.
On the other hand, a non-immigrant is a foreign individual who enters the United States and remains there temporarily. Temporary residence in the US could range from a few days when attending business meetings to several years of living and working in the US. The temporary periods cover different purposes. They include athletics, work, vacation, and studies.
If you are a non-immigrant, your stay in the US is temporary. Your foreign nanny or domestic worker will need a B-1 visa.
What rights will your domestic workers have when they move to work for you in the United States?
Moving to the United States with your nanny is ideal for many non-immigrants who intend to stay in the country temporarily. However, the domestic worker visa depends on your inauguration status. A temporary nonimmigrant worker will have the following rights:
- Fair treatment. You must sign a contract with your domestic worker or nanny when you move with them to the US. Additionally, you must treat them fairly. When working for you, they are protected by the United States labor laws.
- Receive fair payments. You must pay a domestic worker who moves with you to the U.S. at or above the federal minimum wage.
- You cannot hold them against their will. Moving to the U.S. with foreign domestic workers does not mean they must remain under you. If your home has harsh working conditions or the employee does not wish to work for you, the law allows them to leave.
- Right to report abuse. Unfortunately, their visa is attached to the employer's for foreign domestic workers who move with employees to the US. This could create a fear of reporting abuse in unfavorable working conditions. However, California law allows workers to report abuse or discrimination without fear or retaliation.
How long can my nanny cook or other domestic employee remain in the United States?
The validity of your domestic worker's visa is often ten years or similar to the length of your non-immigrant visa. However, this is only important during entry into the country. After entering the U.S., your work status will dictate the exact duration the employee can stay. The exact period that the worker can stay will be indicated on your I-94 document.
How can I ensure that my employee stays in the U.S. longer?
If you want your domestic employer to stay longer than initially permitted, they can request an extension of status. Extension of an immigration status involves filling out Form I-539 and paying appropriate fees.
For a successful petition to extend the stay, your employee must file the forms before their permitted stay ends. An employee who files for an extension of stay must not have any violations on their work visa. Common violations under these circumstances could include:
- working illegally
- Violating California or Federal laws
- Allowing their visa or work permit to expire before leaving the U.S. or applying for an extension
Such violations will result in automatic cancellation of the visa. Sometimes, the USCIS can make an exception and accept late applications for an extension of stay. Your employee may benefit from this exception if extraordinary circumstances prevent them from filing the forms within the required time.
Find a Reliable Immigration Attorney Near Me
When you move to the United States for work, bringing your nanny, cook, or other domestic worker is ideal. Especially in cases where you have children familiar with the nanny, you want them to feel comfortable even when you are away from home. California law allows some immigrants to bring their domestic workers with them.
There are legal and immigration hurdles that you must overcome just to make the arrangement possible. Your nanny or domestic worker will require a B-1 visa if you are an immigrant. Additionally, they must prove to the USCIS that they have at least one year of experience. After arriving in the United States, domestic workers must obtain a work permit before working for you.
Navigating the immigration procedures for bringing your domestic worker to the U.S. is a complex process. Therefore, you will require the insight of a reliable immigration lawyer. At California Immigration Attorney, we offer expert legal insight for our clients undergoing immigration proceedings throughout California. Call us at 424-789-8809 to discuss your case.