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working visa - nanny/domestic employee?

working visa - nanny/domestic employee?

Old Oct 1st 2004, 1:40 pm
  #1  
Polonia
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Posts: n/a
Default working visa - nanny/domestic employee?

Is possible to bring a Polish citizen into the U.S. *legally* as a
nanny/domestic employee? I'm trying to to bring my sister to be a
nanny for my 2 kids. She was in US for 1 month (turist visa) and now I
want to apply for something longer than 1 month.

So far I have this info:

The right visa is an H-2b and the first thing that is required is a
work authorization from the Dept. by filing the ETA 750 form.

What is the waiting status for H-2B ?
H-2B status - Can she get SS # ?
Can I apply for a green card for her after 1 year or adjustment of
status ?
Does anyone have any experience applaying for H-2B ?

Another option would be J-1 visa but I am gonne have to find sponsor
organization for this type of visa

What is the best option in this situation ?

Thanks for any help
 
Old Oct 1st 2004, 4:45 pm
  #2  
Joachim Feise
Guest
 
Posts: n/a
Default Re: working visa - nanny/domestic employee?

Polonia wrote on 10/1/2004 18:40:

    > Is possible to bring a Polish citizen into the U.S. *legally* as a
    > nanny/domestic employee? I'm trying to to bring my sister to be a
    > nanny for my 2 kids. She was in US for 1 month (turist visa) and now I
    > want to apply for something longer than 1 month.
    >
    > So far I have this info:
    >
    > The right visa is an H-2b

Actually, the H2 is for seasonal employment.
The right visa would be a B1, but this only works for US citizens and
people in certain non-immigrant statuses.
See Operations Instructions OI 214.2:
<http://uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-44777/slb-47406?f=templates&fn=document-frame.htm#slb-oi2142>
" Personal and domestic servants may be classified as B-I nonimmigrants if they
are accompanying or following to join:
(1) United States citizen employers who can establish (a) that they are subject
to frequent international transfers lasting two years or more as a condition of
their employment, and that they are returning to the United States from such an
assignment, (b) their current assignment in the United States will not be for
over 4 years, (c) the personal or domestic servant has been employed them abroad
for at least six months prior to admission into the United States, (d) the
servant will reside in their household and will be provided a private room and
board, without cost to the servant, (e) the servant will work only for them; and
(f) both the employer and employee have signed a contract which guarantees that
the servant will receive at least the prevailing wage for domestics in the area
of employment, that all other benefits normally given to U.S. workers in the
area of employment will be granted to the servant; that round trip airfare will
be provided to the servant; that the servant will not be required to give more
than two weeks notice of intent to leave the employment; that the employer will
give at least two weeks notice of intent to terminate the employment. Evidence
to establish qualifications under this subparagraph may include personnel
records and statements from the citizen's employer, and must include a signed
and dated copy of the contract between the employer and servant; or
(2) Nonimmigrant employers who seek admission to, or are already in the United
States in B,E,F, H, I, J, or L nonimmigrant status, provided the employee can
show he has a residence abroad he does not intend to abandon (notwithstanding
the employer himself may be in a nonimmigrant status which does not require such
a showing), and further provided the employee has been employed abroad by the
employer as a personal or household domestic servant for at least one year prior
to the date of the employer's admission to the United States, or that the
employer-employee relationship has existed prior to the time of application and
the employer can demonstrate that he has regularly employed (either year-round
or seasonally) a personal or domestic servant over a period of several years
immediately preceding the time of application, and the employee can demonstrate
at least one year's experience as a personal or domestic servant."

-Joe
 
Old Oct 2nd 2004, 9:42 am
  #3  
Amanda
Guest
 
Posts: n/a
Default Re: working visa - nanny/domestic employee?

[email protected] (Polonia) wrote in message news:<[email protected]. com>...
    > Is possible to bring a Polish citizen into the U.S. *legally* as a
    > nanny/domestic employee? I'm trying to to bring my sister to be a
    > nanny for my 2 kids. She was in US for 1 month (turist visa) and now I
    > want to apply for something longer than 1 month.
    >
    > So far I have this info:
    >
    > The right visa is an H-2b and the first thing that is required is a
    > work authorization from the Dept. by filing the ETA 750 form.
    >
    > What is the waiting status for H-2B ?
    > H-2B status - Can she get SS # ?
    > Can I apply for a green card for her after 1 year or adjustment of
    > status ?
    > Does anyone have any experience applaying for H-2B ?
    >
    > Another option would be J-1 visa but I am gonne have to find sponsor
    > organization for this type of visa
    >
    > What is the best option in this situation ?
    >
    > Thanks for any help


You want to apply GC for her on nanny work? I have heard people done
it. I mean Amercian citizens employing nanny. I think the person has
to work for a long time.I don't know wether that was the law or just
that the employee wants it that way.


Why J-1? She would need to study and how will she have time to nanny?
I think you should go to an immigation lawyer and get clear info.
 
Old Oct 2nd 2004, 10:25 am
  #4  
crg
American Expat
 
Joined: Jan 2004
Posts: 7,598
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Default Re: working visa - nanny/domestic employee?

Originally Posted by Amanda
[email protected] (Polonia) wrote in message news:<[email protected]. com>...
    > Is possible to bring a Polish citizen into the U.S. *legally* as a
    > nanny/domestic employee? I'm trying to to bring my sister to be a
    > nanny for my 2 kids. She was in US for 1 month (turist visa) and now I
    > want to apply for something longer than 1 month.
    >
    > So far I have this info:
    >
    > The right visa is an H-2b and the first thing that is required is a
    > work authorization from the Dept. by filing the ETA 750 form.
    >
    > What is the waiting status for H-2B ?
    > H-2B status - Can she get SS # ?
    > Can I apply for a green card for her after 1 year or adjustment of
    > status ?
    > Does anyone have any experience applaying for H-2B ?
    >
    > Another option would be J-1 visa but I am gonne have to find sponsor
    > organization for this type of visa
    >
    > What is the best option in this situation ?
    >
    > Thanks for any help
You want to apply GC for her on nanny work? I have heard people done
it. I mean Amercian citizens employing nanny. I think the person has
to work for a long time.I don't know wether that was the law or just
that the employee wants it that way.

Why J-1? She would need to study and how will she have time to nanny?
I think you should go to an immigation lawyer and get clear info.
Most foreign nannies are accompanying US citizens who live abroad and are coming to the US for a short time. Getting a work visa to nanny for a family member is going to be nearly impossible.

I doubt there is a babysitter shortage in the states and all foreign workers must be paid the prevailing wage.
crg is offline  
Old Oct 3rd 2004, 12:15 pm
  #5  
Amanda
Guest
 
Posts: n/a
Default Re: working visa - nanny/domestic employee?

crg14624 <member20421@british_expats.com> wrote in message news:<[email protected] om>...
    > > [email protected] (Polonia) wrote in message
    > > news:<[email protected]. com>...
    > > > Is possible to bring a Polish citizen into the U.S. *legally* as a
    > > > nanny/domestic employee? I'm trying to to bring my sister to be a
    > > > nanny for my 2 kids. She was in US for 1 month (turist visa) and now
    > > > I
    > > > want to apply for something longer than 1 month.
    > > >
    > > > So far I have this info:
    > > >
    > > > The right visa is an H-2b and the first thing that is required is a
    > > > work authorization from the Dept. by filing the ETA 750 form.
    > > >
    > > > What is the waiting status for H-2B ?
    > > > H-2B status - Can she get SS # ?
    > > > Can I apply for a green card for her after 1 year or adjustment of
    > > > status ?
    > > > Does anyone have any experience applaying for H-2B ?
    > > >
    > > > Another option would be J-1 visa but I am gonne have to find sponsor
    > > > organization for this type of visa
    > > >
    > > > What is the best option in this situation ?
    > > >
    > > > Thanks for any help
    > >
    > >
    > > You want to apply GC for her on nanny work? I have heard people done
    > > it. I mean Amercian citizens employing nanny. I think the person has
    > > to work for a long time.I don't know wether that was the law or
    > > just
    > > that the employee wants it that way.
    > >
    > >
    > > Why J-1? She would need to study and how will she have time to nanny?
    > > I think you should go to an immigation lawyer and get clear info.
    >
    > Most foreign nannies are accompanying US citizens who live abroad and
    > are coming to the US for a short time.
Yes. That seems to be the situation with the girls - 3 sisters I
knew (met at a get-together party). The people 2 different couples)
who brought them were in their country and employ them and then
brought them here. Usually these Americans end up knowing the US
consular over there pretty well and are able to accomplish such
arrangement. The girls probably got visit visa.

In the older sister's case, the Americans were also adopting a baby
(that was of their daughters' age) of another employee because the two
babies got along so well. The parents relutantly accepted the
arrangment. They definitely would have had to pull some string to get
the visa for the baby because over there, foreigners are not allowed
to adopt the children from that country. Even a couple I know who
were from that country (became US citizens) couldn't adopt ababy
formt here and had to go to China. For the other two sisters, the
American couple who employed them over there brought them here for
another American.

The older sister told me that her employer kept renewing the visa for
her. I am not sure what visa thatw ould be. Witht he other sisters,
they simply became out of status but continued to stay with the couple
for about a years. Then the 3 sisters decided to get an apartment not
far form their employers so that they all could live together. The
whole neigborhood knew about them but they love them. Everybody
wanted to employ them. This was in a surburb of Houston, Texas.

The older one got married (to an American) about 2 1/2 years ago.

    > Getting a work visa to nanny for
    > a family member is going to be nearly impossible.
    >
    > I doubt there is a babysitter shortage in the states and all foreign
    > workers must be paid the prevailing wage.
 
Old Oct 3rd 2004, 2:48 pm
  #6  
crg
American Expat
 
Joined: Jan 2004
Posts: 7,598
crg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond repute
Default Re: working visa - nanny/domestic employee?

Originally Posted by Amanda
crg14624 <member20421@british_expats.com> wrote in message news:<[email protected] om>...
    > > [email protected] (Polonia) wrote in message
    > > news:<[email protected]. com>...
    > > > Is possible to bring a Polish citizen into the U.S. *legally* as a
    > > > nanny/domestic employee? I'm trying to to bring my sister to be a
    > > > nanny for my 2 kids. She was in US for 1 month (turist visa) and now
    > > > I
    > > > want to apply for something longer than 1 month.
    > > >
    > > > So far I have this info:
    > > >
    > > > The right visa is an H-2b and the first thing that is required is a
    > > > work authorization from the Dept. by filing the ETA 750 form.
    > > >
    > > > What is the waiting status for H-2B ?
    > > > H-2B status - Can she get SS # ?
    > > > Can I apply for a green card for her after 1 year or adjustment of
    > > > status ?
    > > > Does anyone have any experience applaying for H-2B ?
    > > >
    > > > Another option would be J-1 visa but I am gonne have to find sponsor
    > > > organization for this type of visa
    > > >
    > > > What is the best option in this situation ?
    > > >
    > > > Thanks for any help
    > >
    > >
    > > You want to apply GC for her on nanny work? I have heard people done
    > > it. I mean Amercian citizens employing nanny. I think the person has
    > > to work for a long time.I don't know wether that was the law or
    > > just
    > > that the employee wants it that way.
    > >
    > >
    > > Why J-1? She would need to study and how will she have time to nanny?
    > > I think you should go to an immigation lawyer and get clear info.
    >
    > Most foreign nannies are accompanying US citizens who live abroad and
    > are coming to the US for a short time.
Yes. That seems to be the situation with the girls - 3 sisters I
knew (met at a get-together party). The people 2 different couples)
who brought them were in their country and employ them and then
brought them here. Usually these Americans end up knowing the US
consular over there pretty well and are able to accomplish such
arrangement. The girls probably got visit visa.

In the older sister's case, the Americans were also adopting a baby
(that was of their daughters' age) of another employee because the two
babies got along so well. The parents relutantly accepted the
arrangment. They definitely would have had to pull some string to get
the visa for the baby because over there, foreigners are not allowed
to adopt the children from that country. Even a couple I know who
were from that country (became US citizens) couldn't adopt ababy
formt here and had to go to China. For the other two sisters, the
American couple who employed them over there brought them here for
another American.

The older sister told me that her employer kept renewing the visa for
her. I am not sure what visa thatw ould be. Witht he other sisters,
they simply became out of status but continued to stay with the couple
for about a years. Then the 3 sisters decided to get an apartment not
far form their employers so that they all could live together. The
whole neigborhood knew about them but they love them. Everybody
wanted to employ them. This was in a surburb of Houston, Texas.

The older one got married (to an American) about 2 1/2 years ago.

    > Getting a work visa to nanny for
    > a family member is going to be nearly impossible.
    >
    > I doubt there is a babysitter shortage in the states and all foreign
    > workers must be paid the prevailing wage.
They usually travel on a B1 visa that is annotated "Domestic employee of <FAMILY NAME>" or "Personal employee of <FAMILY NAME>".
crg is offline  
Old Oct 3rd 2004, 3:25 pm
  #7  
Joachim Feise
Guest
 
Posts: n/a
Default Re: working visa - nanny/domestic employee?

crg14624 wrote on 10/3/2004 19:48:
    >
    > They usually travel on a B1 visa that is annotated "Domestic employee of
    > <FAMILY NAME>" or "Personal employee of <FAMILY NAME>".

This is covered in Operations Instructions OI 214.2 (listed on the USCIS
website.)
I had posted that in this thread 3 days ago...

-Joe
 
Old Oct 9th 2004, 9:43 am
  #8  
Ingo Pakleppa - see web site for email
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Posts: n/a
Default Re: working visa - nanny/domestic employee?

In theory, it's possible. In practice, it almost certainly can't be done.

The H-2B is *not* the appropriate temporary visa. As Joachim pointed out,
it's for seasonal employment. As a matter of fact, there is no really
suitable temporary visa. BTW, with an H-2B, or any type of visa that
includes work authorization, the beneficiary indeed can (and has to) get
an SS#.

You could theoretically sponsor her for a permanent GC in the EB-3
"unskilled worker" category. In practice, this will be so complicated and
time consuming and expensive as to be pointless. While waiting, your
sister would likely not be able to come to the US as a tourist, and she is
also not allowed to stay beyond her authorized stay.

In order to get such a permanent GC, you would start out by filing a Labor
Certification with Department of Labor (actually, your state employment
agency). It's the same form as for H-2B: ETA 750. Depending on where you
live, after between six months and three years, DOL would instruct you to
advertise the job. You will likely have to buy a large ad in the
classified section of your major local newspaper - if you want to estimate
the cost, I would suggest you look at a classified ad of approximately 100
lines or so. The ad will instruct applicants to send the resumes to
Department of Labor. DOL will then forward the received resumes to you.
You have to contact each applicant and invite them for an interview; DOL
will insist on you using certified mail to prove you tried to contact each
one. Then you have to reject each single candidate for a valid reason
(either, he doesn't meet a specific criterion in the job description, or,
he has some other disqualifying factor. For a nanny job, you wouldn't have
to accept a child abuser, for instance). You also must offer the
"prevailing wage" (what other employers would pay comparable nannies with
US work authorization), and offer the same benefits.

Once you responded appropriately to all the resumes and returned them to
DOL, they will make a decision (another year or two later, depending on
where you are). If there was absolutely no acceptable US worker, and you
rejected all applicants for valid reason, DOL will approve the Labor
Certification. Then you file a petition (form I-140) with USCIS and attach
the LC approval (and a ton of other documentation). Once that is approved
(expect three months to a year), USCIS will forward the case to the US
consulate in Warsaw. The consulate will contact your sister and send her
the forms to apply for an immigrant visa. Once your sister arrives in the
US, she will have a GC (and your children will probably already be in
college and no longer need a nanny :-( )

Sorry for the bad news!

On Fri, 01 Oct 2004 18:40:25 -0700, Polonia wrote:

    > Is possible to bring a Polish citizen into the U.S. *legally* as a
    > nanny/domestic employee? I'm trying to to bring my sister to be a
    > nanny for my 2 kids. She was in US for 1 month (turist visa) and now I
    > want to apply for something longer than 1 month.
    >
    > So far I have this info:
    >
    > The right visa is an H-2b and the first thing that is required is a
    > work authorization from the Dept. by filing the ETA 750 form.
    >
    > What is the waiting status for H-2B ?
    > H-2B status - Can she get SS # ?
    > Can I apply for a green card for her after 1 year or adjustment of
    > status ?
    > Does anyone have any experience applaying for H-2B ?
    >
    > Another option would be J-1 visa but I am gonne have to find sponsor
    > organization for this type of visa
    >
    > What is the best option in this situation ?
    >
    > Thanks for any help

--
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everybody to seek competent legal counsel rather than relying on usenet
newsgroups.

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