Immigration Law Questions? Ask an Immigration Lawyer.
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:
Let me know if you have any follow up questions and I will be glad to answer them.
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.
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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).