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I have a quick question. I had an au pair from South Africa…

Hello. I have...

Hello. I have a quick question. I had an au pair from South Africa in 2015 and we would like to hire her back as our live-in nanny starting in October 2017. I am having a hard time figuring out what kind of visa she should apply for. I was thinking H-2B non-agricultural worker but the forms are asking me for my legal business name, Federal Identification number and NAICS code and I don't have one since I am not a business. What visa should we request?

Lawyer's Assistant: What is your official status? Do you have any pending applications or petitions with USCIS?

No, I'm trying to figure out which application or petition to use.

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don't think so

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Answered in 5 minutes by:
8/16/2017
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 112,962
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
Verified

Hello! My name is***** and I am a licensed attorney with more than 15 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. Also, please do NOT click on the Opt Out button because if you do, it would prevent me from communicating with you and then it could take a long time before another expert responds to you.

Please give me a few minutes to review your question and I will be right with you with an answer. Sorry for any delay. I may have to do some research and at the same time I read and type fast, but not that fast! Thank you for your patience.

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Sorry for the delay. I just ask that if it is bad news that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

Are you a U.S. Citizen or U.S. Lawful Permanent Resident? If not, what status do you have in the U.S.? Also, how old is the nanny?

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Customer reply replied 10 months ago
Ok thank you. Let me know if you need more information.

Are you a U.S. Citizen or U.S. Lawful Permanent Resident? If not, what status do you have in the U.S.? Also, how old is the nanny?

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Customer reply replied 10 months ago
I am a US citizen--born in Des Moines, Iowa. The person our family is trying to bring over to the US is Sammy and she is 28 years old.
Customer reply replied 10 months ago
She does have a Passport already and has been to the US on a J1 Visa in the past.

That's a shame. She is a little too old for the J-1 Au Pair visa. Here is a link:

https://j1visa.state.gov/programs/au-pair/

So that means that you are correct, the only visa available is the H-2B, but you cannot really petition for her as you are not a company. You have to find a company that hires nannies and places them and they will do the H-2B, but it is not easy.

For an H-2B worker visa, it is expensive and difficult to get because the employer would have to go through an expensive process called a Labor Certification where the position is advertised in the local media, the employer must receive all resumes and eliminate all candidates for valid reasons, not just because you have a job for someone in particular. This is to prove that Sammy would not be taking a job away from a U.S. worker. Here is a link:

http://www.uscis.gov/working-united-states/temporary-workers/h-2b-non-agricultural-workers/h-2b-temporary-non-agricultural-workers

And here is a link to the Labor Certification:

https://www.foreignlaborcert.doleta.gov/h-2b.cfm

I wish I had an easier way, but this process exists because the U.S. wants those jobs to go to U.S. workers. I am truly sorry.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

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Customer reply replied 10 months ago
That's a bummer! Is there any other way you can advise to get her here? Maybe a travel visa?

Yes, but she cannot work on a visitor visa. You can look at the link below for all the information that you need on the visitor visa:

http://travel.state.gov/content/visas/english/visit/visitor.html

Essentially, she must have a valid reason for visiting, must have a way to support herself without working illegally, must have significant ties to her home country, and must have the intent to return home.

A letter of invitation helps with some of this as it will help to show why she is coming to the U.S., how much time she will need and that perhaps she will have a place to stay so that she doesn't have to spend money. Usually you want to show that she is going just for a few weeks or so. If it is longer than that, immigration will wonder why and will become suspicious. They are almost sure to deny someone that says they want to visit for 5 or 6 months unless they have very strong evidences of everything else I listed above. So your letter should state why you are inviting her and that you will provide room and board while she is here visiting. But keep in mind that a letter of invitation is a small part of the process and isn't even a requirement (people mistakenly believe it is the most important) and it can sometimes be used against the applicant. For example, if the consular officer believes that the applicant will have too much support meaning that they could stay illegally in the U.S. or if they believe the person is coming to work, the officer would deny the visa. Sometimes it is better to not even have a letter of invitation. The most important part of a case is to have strong ties to the home country.

Now as to some of the ties, she will need to show that she has significant close family at home, property not easily sold, and a good job for a good company that she has had for awhile that she would not normally abandon.

So if she is young, and without much money or any property or a good job, she would probably be denied. They would see her as a risk for staying illegal. Also, persons that are planning to travel with their spouse and children are a risk as well because some of their significant ties are actually going with them.

I mean some people have been approved with less, but I am trying to give you the idea for the best chance.

Let me know if you need anything else, but please do not forget to rate me positively. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see the stars or smiley faces, please scroll to the top of the page to see them or click on my name and they should come out. Also, we do NOT finish just because it says "Rate to Finish" or something like that. Your question does NOT close and you can continue to ask questions without additional charge on the same question thread even after you leave a positive rating. Thank you for your understanding!

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Customer reply replied 10 months ago
What if I set up an LLC for my two rental properties. Would I be a business then and could apply as a business?

Then they question from USCIS will be why an LLC that is for rental properties will need a nanny. So no, I do not think that will work. Look for a service that is willing to do it.

Let me know if you need anything else, but please do not forget that positive rating. Thank you!

Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 112,962
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
Verified
Guillermo Senmartin and 87 other Immigration Law Specialists are ready to help you
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Customer reply replied 10 months ago
Ok thank you for your help!

You are very welcome! Thank you for the positive rating. If you would like to request me in the future for a different topic, please remember to put FOR GUILLERMO in the subject line and message box. Good luck to you!

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