Exploring the B-1 Nanny Visa
Are you living overseas and wondering about the possibility of bringing your nanny with you to the United States? For certain temporary visa holders and U.S. Citizens, the B-1 domestic employee visa provides a pathway to do just that. Read on to learn more about the key requirements for both employers and employees looking to make use of this unique visa category.
Who can be a sponsor for the visa?
The B-1 domestic employee visa is specifically designed for two groups of people to bring their domestic employee with them to the U.S.:1) U.S. citizens permanently residing abroad and 2) individuals with non-immigrant status, such as following visa categories: B, E, F, H, I, J, L, M, O.
Notably, Green Card holders are excluded from this option, this means if you are a Green Card holder, you cannot sponsor someone for a B-1 Domestic Employee visa. So, what does it take to qualify for this visa? Let’s break down the requirements.
Requirements for the Employer
Please note the requirements slightly vary if the sponsor is on a temporary visa or a U.S. citizen.
Foreign Residency
To qualify, the employer must have a permanent home outside the U.S. or be frequently located in a foreign country.
Temporary Stay in the U.S.
The employer should either be visiting or on a limited assignment in the U.S., as the B-1 visa is not intended for those planning permanent residency in the U.S.
International Transfer Conditions
Employers must demonstrate frequent international transfers lasting two years or more, with a commitment not to return to the U.S. for more than six years.
Employment History
The employer’s domestic employee (nanny) must have at least 6 months of being the personal employee or domestic worker of an U.S. Citizen employer. If the employer is not a U.S. citizen and holds a non-immigrant visa, the domestic employee must have one year of work experience with the employer, or the employer must have a history of employing domestic employees for several years.
Single Employment
The employer must be the only employer of the domestic employee.
Proof of Employment History
The employer must prove that the domestic employee worked for them outside the U.S. for at least six months before the intended travel date. Alternatively, a history of employing someone in the same role while abroad can be established.
Requirements for the Employee
As stated above, please note that requirements may vary if the sponsor is a U.S. citizen or is on a temporary visa.
Permanent Residence Abroad
The domestic employee must have a permanent residence outside the U.S. and should not intend to abandon it.
Employment History
The nanny must have been employed by the employer for at least six months prior to the employer’s admission to the U.S., or the employer had a regularly employed nanny with a similar job while abroad.
Work Experience
The nanny should have at least one year of experience as a personal employee or domestic worker.
Contractual Obligations
The nanny must present an original or copy of the contract, dated by both parties, in English and the employer’s native language.
Key Difference
The difference between a U.S. Citizen and a non-immigrant visa holder sponsoring the nanny is the required time frame of previous employment history with the employer abroad as a domestic employee. If the employer is a U.S. Citizen, the domestic employee doesn’t need as long a previous work relationship with the employer. Regardless of whether the U.S. Citizen or non-immigrant visa holder petitions for the domestic employee, it’s very important to demonstrate the ties of the nanny back home and their intent to return.
How long can you get a domestic employee visa for the U.S.?
You will get a visa to enter the United States for six to twelve months. However, you might be able to seek to have the visa extended in six month increments.
Get unique opportunities with the B-1 Domestic Employee Visa
In conclusion, the B-1 domestic employee visa offers a unique opportunity for certain individuals to bring their personal help to the United States. Navigating the requirements can seem intricate, but with careful attention to detail and compliance, both employers and employees can embark on this journey, ensuring a smooth transition for domestic workers and employees to continue their working relationship from abroad to the U.S. Ready to commence your B-1 Visa application process? Book an appointment with us today.
