You may be surprised to find out that you don’t need to be a US citizen to bring their domestic worker (nanny) to the United States. Provided you and your nanny meet eligibility requirements, temporary residents who hold B, E, F, H, I, J, L, M, O, P, Q, TN visas in the United States can apply to bring their domestic worker to accompany them through a B-1 visa.
What conditions must be met before a nanny can accompany their employer to a temporary visit to the United States?
Employer requirements
- The employer must be coming to the United States on a B, E, F, H, I, J, L, M, O, P, Q, or TN visa. By definition, the employer’s stay in the United States is temporary in nature. 9 FAM 402.2-5(D)(3).
- The domestic worker must already have had a working relationship with the employer for one year or more. If the employment relationship was established more recently than that, the employer must have had a history of regularly employing domestic workers for several years.
- The employer must provide a contract signed by both parties that comply with all minimum labor requirements, including:
- Pay the greater of the prevailing or minimum wage for a domestic worker in the region they will be living, and comply with all US labor standards laws applicable.
- Provide free room and board to the employee.
- Pay the employee’s travel expenses to and from the United States.
Employee requirements
- The employee must have a residence in a foreign country that they do not intend to abandon. They must intend to return home once their temporary stay in the United States is over.
- The employee must have had at least one year of experience as a domestic worker.
How long is a nanny authorized to stay in the U.S.?
If the B-1 visa is approved, the domestic worker can enter the United States as a domestic worker and can be admitted for a one year stay. The employee can apply to extend this stay, in 6-month increments or less. In total, the employee can accompany the employer for no more than 6 years.
Can U.S. green card holders apply to bring their nanny under this provision?
It is important to note that U.S. green card holders (permanent residents) cannot apply to bring their domestic worker on this B-1 visa category.
What if a nanny wants to live and work in the United States permanently?
It is important to note that the B-1 domestic worker option is for domestic workers accompanying employers who are only temporarily staying in the United States. If a domestic worker seeks a solution to permanently live and work in the United States, different strategies should be explored – including being sponsored for a EB-3 immigrant visa petition.
Please see our prior post on how a U.S. citizen residing abroad can bring their nanny to the U.S. to accompany them on temporary stays in the United States.
