NON-IMMIGRANT VISAS
Au-Pairs, Nannies & Mother's Helpers
Anyone seeking employment as an au pair is required to obtain an
exchange visitor (J-1) visa through the sponsorship of an officially
approved exchange visitor program overseen by the
Bureau of Educational and
Cultural Affairs.
United States visa law prohibits anyone admitted into the United States as a visitor on
a B-1/B-2 Visa, or visa free under the
Visa Waiver Program, from working as an au pair, nanny or mother's
helper even if only in exchange for room and board. The only exception to this rule is for au pairs, nannies
and mother's helpers who are accompanying a United States citizen or non-immigrant
visa holder to the United States for a temporary visit. In such circumstances, a
B-1 visa is appropriate.
NANNIES, AU PAIRS, AND MOTHERS' HELPERS, WHO ARE ACCOMPANYING A NON-IMMIGRANT VISA
HOLDER TO THE UNITED STATES.
Nannies, au pairs, and mother's helpers who are accompanying or following to join an employer who seeks
admission to, or who is already in, the United States in
B, E, F,
H, I, L,
M, O, P,
Q, or R nonimmigrant status may be eligible
for B-1 visa classification provided:
The employee has been employed outside the United States by the
employer for at least one year prior to the date of the employer's admission to
the United States, or if the employer-employee relationship existed immediately
prior to the time of application, the employer can demonstrate that he has
regularly employed (either year-round or seasonally) domestic help over a period
of years preceding the time of application;
The employee has at least one year's experience as a personal or
domestic servant as attested to by statements from previous employers;
The employer
will be the only provider of employment, and will provide the employee free room
and board and round trip airfare as indicated under the terms of the employment
contract.
A contract will be required and there will be no expediting of helper visas.
NANNIES, AU PAIRS, AND MOTHERS' HELPERS, WHO ARE ACCOMPANYING AN AMERICAN CITIZEN TO
THE UNITED STATES
Nannies, au pairs, and mothers' helpers who are
accompanying or following to join their United States citizen employer in the
United States may be eligible for B-1 visa classification if their employer
ordinarily resides outside the United States and is traveling to the United
States temporarily. If the employer is subject to frequent international
transfers lasting two years or more and, as a condition of employment, is going
to reside in the United States for a stay not to exceed four years. If the
United States citizen will reside permanently in the U.S. they cannot bring a
helper on non-immigrant status, even if the individual concerned has previously
been in the United States citizen's employ abroad. In addition,
The employer-employee relationship must have existed for at least
six months prior to the employer's admission to the United States or,
alternatively, that the employer has regularly employed a domestic servant in
the same capacity while abroad;
The employee has had at least one year experiences as a personal or
domestic servant by producing statements from previous employers attesting to
such experience;
The employer will be the only provider of employment, and will
provide the employee free room and board and round trip airfare as indicated
under the terms of the employment contract.
A contract, minimum wage and social security may apply.
I BELIEVE THAT I QUALIFY FOR A B-1 VISA. WHAT DO I DO NEXT?
You should apply for the visa. When applying
for the visa, you will be required to furnish the original of a written contract
signed and dated by both you and your employer which guarantees the minimum or
prevailing wage, whichever is higher, for an eight hour workday, and any other
benefits normally required for United States domestic workers in the area of
employment, and requires that your employer give at least two weeks notice of
intent to terminate the employment and that you will not give more than two
weeks notice of intent to leave such employment.
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