Taffylola

Hi All

We came to the USA in August we have the E2 investor visas, our nanny came with us but on ESTA. Originally she was only going to stay with us in LA for 3 months but now she wants to stay and we cant live without out her shes so wonderful and is now like a third daughter to us!
She went home on her ESTA a week ago and tried to arrive back tonight but was refused entry at LAX. I haven't been able to speak to her at length but she said she had to tell them the truth that she was coming over to be our nanny and on that basis is being sent back home. I wondered if anyone could answer these questions for me:

As we have a US and UK business and she is our employee, Im wondering if we can get her here on a B-1 Business Visa for 6 months?
As she has been refused entry today will this effect this?
And if she can get one is it possible to get one urgently?

Thanks so much

Guindalf

1. She is not an employee in the business is she? I doubt it will wash that she could come here on that basis.
2. The refusal will absolutely affect any future application. She can no longer use visa waiver program and must obtain a visa to even visit the USA in future. Someone more knowledgeable that me will confirm that I'm correct and what the procedure is for future entry.
3. No way will anything be obtained 'urgently'. The visa process moves at the speed of government and, if it is even possible which I doubt, I wouldn't expect a visa to be approved in at least a year.

Problem is, she has already been working illegally, so it is unlikely that any visa will be approved for some time. I'm sure others will advise that you don't even try for at least a year, but again, I bow to those with a better idea.

Noorah101

She was refused because no work is allowed on the VWP. If she was performing nanny duties while she was in the USA on the VWP, she's already broken the law.

B-1 is also not the appropriate visa for her to perform daily nanny work. B-1 is for attending seminars, trade shows, meetings and such, on an as needed basis, not for continuous daily work.

I think H-2B is what you need: https://www.nolo.com/legal-encyclope...reen-card.html

Rene

BritInParis

A B-1 visa is appropriate for a nanny in certain circumstances.

https://uk.usembassy.gov/visas/domes...oyee/overview/

scrubbedexpat099

Time to look for a new Nanny.

civilservant

You should accept the fact that she will no longer be your nanny and look to hire someone else. This course of action was never going to end well for anyone in this situation.

scrubbedexpat099

E2 implies you will be employing US staff, good idea to get yourself familiar with employment laws.

materialcontroller

OK, here goes.

Nope.

Yes it will.

Nope, and probably unlikely for her to get any kind of US visa at all in the short to medium term.

SanDiegogirl

If she is your employee, why did she enter on the VWP? - that is for touring and visiting.

Sounds like you tried to fly under the 'work visa radar' for her ........

She cannot work in the US without a work visa.

Not a good start to your E2 stay in the US.

shiversaint

The E-2 is basically irrelevant. There's no way in hell one could argue that she could come under the Essential Employee allowance, and presumably the E-2 isn't a business for running childcare for their own child!!!

scrubbedexpat099

E2 requires you to employ staff, legal staff, not the Nanny.

Taffylola

Thanks to everyone for your responses, actually immigration officers who interviewed her said its a grey area as she essentially was a family friend who lived with us and was paid in GDP not USD. Luckily she was not banned from returning but told to get the right visa. However shes now decided that shes been put off coming back altogether and who can blame her after such an ordeal.

I was not under any illusion that I could employ her under E2 as this requires you to create 10 US jobs not bring the nanny over. However there are ways to sponsor a UK nanny.

Following up from this for others who view this post in the future, I contacted our immigration attorney and he said that the B-1 is not appropriate. It would be if we were US citizens, and she was our nanny abroad, and we are back here—with her—for a temporary stay. It is not a long term visa and it is not an employment based visa.

The H2B is also not going to be a good path forward because it involves showing the Department of Labor that there are no willing or able US workers to fill this job. Babysitting is something just about anyone who is of age in the US can do. Also, these are limited in number due to quotas, and they get filled very quickly every year. The chances that she get an approval for this are quite low.

The most appropriate visa would be a J-1 visa for an au pair: https://j1visa.state.gov/programs/au-pair. She would have to have an au pair agency sponsor her, and then place her with your family. Of course there are limitations as it pertains to age and education, so she would have to meet those qualification.

Thanks

Noorah101

The immigration officers were mistaken. It's not a grey area. No work is permitted on the VWP. Does not matter that you're a family friend and no matter what currency you get paid in.

Rene

Taffylola

I think they just felt sorry for her and didn't want to get her into lots of trouble. She was lucky she has a nice case officer! Put it down to experience and move on!

scrubbedexpat099

There is no way of knowing for certain if she has a ban without applying for a visa, seems unlikely based on what has been posted.