Can I Help My Nanny Get a Visa or Green Card in California? 2024

If you have close bonds with the nanny who works for you in California or elsewhere in the country, you are likely wondering about the available options to support them with their immigration process. That way, they can start or continue to work with your family. As nannies can be an integral part of a household in California, family members may commonly ask, “Can I help my nanny get a visa or green card in California?”

Although assisting your nanny with navigating the immigration process can be confusing and complicated, there are various options available. By understanding the different potential immigration avenues with the help of a green card and visa lawyer, families can work to keep their beloved nanny with them in the United States.

Visa Options for Nannies in California

To understand which immigration option may be optimal for your nanny, it is important to be aware of the general avenues available as well as their associated requirements and conditions. The visa types that are most commonly used to support domestic workers include the following:

• H-2B visa. This visa is a nonimmigrant visa that is intended for non-agricultural workers who wish to work for a short period of time. The H-2B visa is ideal for nannies who only want to work in the U.S. for a limited time, as they may be employed temporarily or seasonally.
• B-1 visa. A B-1 visa is awarded to temporary business visitors. Individuals who receive the B-1 visa can bring their domestic workers to accompany them during the time they are in the U.S. A B-1 visa is associated with nannies who work for families that are not U.S. citizens or based in California
• J-1 visa. People participating in cultural exchange programs through the J-1 visa program, such as au pairs, may be eligible for the J-1 visa. Through the program, nannies can work in the U.S. and engage with cultural and educational exchange initiatives at the same time.
• EB-3 visa. The EB-3 visa is an immigrant visa designed for professionals, skilled workers, and other types of workers. If your family’s nanny needs qualification as a skilled worker and has other types of eligibility, they may be able to pursue an EB-3 visa. Such a visa is for long-term employment and can lead to a lawful permanent resident status.

Helping Your Nanny Get a Green Card

Although supporting your nanny with getting a green card can be a complex process, it is possible to do so in certain scenarios. Obtaining a green card for your nanny involves the following general steps:

• Getting a labor certification. For an EB-3 employment-based green card, your nanny may be required to get a labor certification from the Department of Labor. The purpose of this document is to demonstrate that no U.S. workers are willing, available, and able to carry out the work associated with the nanny position.
• Filing a petition. After the labor certification is secured, your family will need to file an employment petition, which is Form I-140, Immigrant Petition for Alien Worker, with United States Customs and Immigration Services (USCIS).
• Consular processing or adjustment of status. Depending on whether your nanny is already located in California with you, they may need to go through consular processing or adjustment of status. The adjustment of status process can be initiated while in California, but the consular processing must be carried out at the nearest consulate or embassy to the applicant in their country of origin.

An experienced immigration lawyer can analyze the details of your case to determine whether your nanny may be eligible for a green card. They can guide you through the long and complex immigration process, letting you know what to expect and estimating a general timeline for the process.

FAQs

Can I Help My Nanny Get a Visa or Green Card?

Yes, it is possible to help your nanny get a green card or visa. The process of sponsoring your nanny includes:

• Understanding which type of visa they may be eligible for
• Filing certain petitions
• Gathering and submitting supporting documentation

To ensure that the application for your nanny meets all the existing requirements, it is highly recommended to work with an experienced immigration lawyer.

What Are the Visa Options for California Nannies?

There are various options for nannies in California to obtain a visa, enabling them to continue or start their work. The main options include a B-1 visa, which can include domestic workers of temporary business visitors in the United States, and an H-2B visa, which is for temporary nonagricultural workers, such as nannies. Other options include a J-1 visa for au pairs who are part of a cultural exchange program and, in certain cases, an EB-3 visa.

Does a Visa for a Nanny in California Exist?

Yes, options such as the B-1, H-2B, and J-1 visas provide immigration opportunities for nannies to carry out their profession in California. As each visa comes with its own requirements and processes, it’s critical to work with a knowledgeable and experienced immigration lawyer. They can help you understand which immigration pathway may be optimal for your nanny and support them with navigating the application process.

Who Can Sponsor a California Work Visa for a Nanny?

The typical sponsor of a California work visa for a nanny would be their employers, such as the family who is employing the nanny. The employer will need to provide supporting documentation and submit certain petitions to successfully help the nanny obtain a visa. Supporting documentation may include evidence to show that the family needs support from a foreign national domestic worker. In certain cases, agencies may also serve as sponsors.

Assist Your Nanny With Getting a Visa or Green Card in California

A nanny is a critical part of many families, with whom children and parents alike may form emotional bonds that cannot be broken. Fortunately, there are multiple immigration options available for nannies to legally work in California. An experienced immigration lawyer from U.S. Law Center is here to assist your family with bringing your nanny to the United States or keeping them with you. Contact us today for a consultation.