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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94670
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Can I sponsor someone for a working visa to be a

Customer Question

Can I sponsor someone for a working visa to be a nanny for my child? If so, how do I go about this and what are the requirements? I already have someone in mind but she did not finish school so she does not have any degree that would qualify her for an H1B or other visa.
Submitted: 6 years ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 6 years ago.

Really the only way to do this, which is through the au pair program, she would have to meet certain requirements. Age is one requirement, for example. She must be between 18 and 26 years of age.

You can find the list of requirements here:

http://exchanges.state.gov/education/jexchanges/private/aupair.htm

Let me know if you have any follow up questions and I will be glad to answer them.

Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94670
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Guillermo J. Senmartin, Esq. and 5 other Immigration Law Specialists are ready to help you
Customer: replied 6 years ago.
Are there other visas that don't have education or age requirements?
Expert:  Guillermo J. Senmartin, Esq. replied 6 years ago.

A student visa, but she would not be allowed to work.

Also, an H-2B visa, but the work would have to be temporary or seasonal and you would have to file a Labor Certification to prove that there are no qualified U.S. workers that can do that job.

Customer: replied 6 years ago.
How long is temporary? Also, I would prefer someone who speaks my native language, and I'm pretty sure there are qualified US workers who can do the job, but I don't know where to find them (I've asked around). Will that be good enough? And how do you get Labor Certification?
Expert:  Guillermo J. Senmartin, Esq. replied 6 years ago.

Temporary is less than 1 year, though it can be extended in 1 year increments up to a maximum of 3 years.

No, asking around is not good enough.

A Labor Certification is done on form ETA 750, but the procedures are complicated. For instance, you must advertise the position in certain media like newspapers and the like. You are supposed to collect resumes and then eliminate the qualified candidates for valid reasons. After you prepare this report, you file everything with the Dept. of Labor. If you did everything right and can prove there are no qualified U.S. workers, they will approve the Labor Cert and then you can file for the H-2B and then if that is done correctly, that's when your nanny could get her visa.

Unfortunately, it is not an easy process at all. If you really want to go ahead with it, I recommend hiring an experienced immigration attorney. You can look at www.ailalawyer.com.

Customer: replied 6 years ago.
Thanks.
Expert:  Guillermo J. Senmartin, Esq. replied 6 years ago.
You are very welcome!

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