Can I Legally Hire A Foreign Child Care Providedr?
Can a foreign Nanny apply for an employment-based immigrant visa?
Yes, an employer can now apply to sponsor an alien as a Nanny or Nanny/Household Manager, under the EB3 employment-based immigrant visa.
The new PERM regime now classifies the occupation of “Nanny” as a “Skilled Worker” instead of the previous classification of “Other Worker.” The newly defined classification, gives way for favorable treatment by the USCIS as the SVP (Specific Vocational Preparation) range for the occupation of Nanny is now 6.0<7.0. This means this occupation now requires training in vocation schools, relevant work experience, and/or an associates’ degree under PERM. A bachelor’s degree may even be required for some positions. A Nanny’s duties may include, but are not limited to, the following:
- Ability to perform CPR and first aid.
- Preparation and planning of meals
- Transportation of children
- Regulation of child’s rest periods.
- Participation in regular meetings with parents to discuss child activities and development.
- Child instruction on safe behaviors such as avoiding dangerous objects and crossing the street with an adult.
- Organization and implementation of age-appropriate activities for children.
- Observation of child’s behavior for irregularities such taking child’s temperature, transporting child to the doctor, maintaining child’s health.
- Cultivation of interpersonal relationships and communication skills and the performance as a role model of appropriate social behaviors.
- Participation in the implementation of discipline programs to promote desirable behaviors in the child.
- Development and observation of family schedule.
High demand in the EB-3 category has caused a backlog of applications and potentially long waits for green cards.
extracted from: Siskind Susser Bland
How Can A Nanny Obtain An EB-3 Visa?
If you want to enter the U.S. as an EB-3 worker, you must go through the following multi-step process:
- Your prospective employer must determine if you are eligible for lawful permanent residency in the U.S.
- Your prospective U.S. employer must complete Application for Permanent Employment Certification, Form ETA-9089, and submit it on your behalf to the Department of Labor’s Employment and Training Administration. Labor must either grant or deny the certification request
- The USCIS must approve Form I-140, Petition for Alien Worker, filed on your behalf
- The State Department must give you an immigrant visa number
- If you are already in the U.S., you must apply to adjust to permanent resident status after a visa number becomes available
- If you are outside the U.S., you must complete your immigrant visa processing at the U.S. Consulate
Visit The Sitter Cafe website at www.SitterCafe.com for information on finding a local babysitter, nanny or tutor.
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