There are four options for host families to bring a foreign nanny/domestic worker to assist them in their home.
J1 Visa – Au Pair
The easiest and, by far, most popular option is to bring a nanny as an au pair. The au pair program utilizes the J1 visa and persons wishes to hire an au pair must do so through an au pair program authorized by the US Department of State. The prospective au pair are preselected by the program sponsor and the host family must choose the au pair from the offered pool. Costs are typically between $7,500 to $12,500 which are paid to the au pair program and the host family must also pay the au pair expenses which run between $250 to $450 per week. The au pairs themselves must undergo training and many types of background checks. In addition, the au pairs must meet the following requirements:
(1) Are between the ages of 18 and 26;
(2) Are a secondary school graduate, or equivalent;
(3) Are proficient in spoken English;
(4) Are capable of fully participating in the program as evidenced by the satisfactory completion of a physical;
(5) Have been personally interviewed, in English, by an organizational representative who shall prepare a report of the interview which shall be provided to the host family; and
(6) Have successfully passed a background investigation that includes verification of school, three, non-family related personal and employment references, a criminal background check or its recognized equivalent and a personality profile. Such personality profile will be based upon a psychometric test designed to measure differences in characteristics among applicants against those characteristics considered most important to successfully participate in the au pair program.
The au pair may be granted a J1 visa for a duration of 12 months which can later be extended if the host family wishes to continue her services.
H2B Visa – Short Term Help
The H2B visa is generally employed by companies with seasonal or intermittent business such as coastal restaurants, theme parks or other tourist spots. However, the H2B visa can also be used to bring nannies to the US. Unlike the au pair program which requires the host family to go through an au pair program, the host family can directly petition for the nanny. The downside is that the host family must be able to show that there are no available US workers for the job and that the work is temporary in nature. While the visa may have a three year duration, the work period must be less than 12 months each year. There are no program fees to be paid but the host family must pay the nanny the prevailing wage as determined by the US Labor Department.
B1 Visa – Accompanying US Travelers
US Citizens, permanent residents and foreign nationals coming to the US for temporary nature may bring domestic help with a B1 visa. The parties must enter a written employment contract guaranteeing payment of the prevailing wage for an eight hour workday and provide any benefits normally required for US domestic workers in the area of employment. B1 visa are typically valid for 6 months but may be extended.
PERM Labor Certification – A Permanent Solution
The PERM program offers a permanent solution for the host family that has chosen a nanny who they would like to keep permanently. Similar to the H2B visa, PERM does not require the host family to go through a sponsoring agency, a prevailing wage must be paid and the host family must be able to show that no US workers are available for the position. However, the work does not need to be temporary in nature and upon approval of the PERM process, the host family may petition for the nanny to obtain residency so she can enter the country.
In order to qualify as a nanny, the applicant must have two years of experience as a nanny and be offered full time employment as a nanny by the host family. To qualify as a domestic live-in, the applicant must have one year of experience and the host family must show that the employment is a business necessity.