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Sep 20, 2005
Temporary Work Visas for Nannies
- Atty. Reuben S. Seguritan Email this article

Nannies may work in the US under a temporary visa called the H-2B, which allows a foreign worker to enter the US to perform non-agricultural labor on a temporary basis.

 

The employer, however, must carefully document this temporary need. Such documents may include proof that the child will be going to nursery school in a year or that either parent has a definite plan to stop working at a certain time.

 

The H-2B visa is for both skilled and unskilled workers. Examples of unskilled workers who have been granted the visa aside from nannies are kitchen helpers, construction workers, dining room attendants and landscape laborers.

 

Examples of skilled workers that may qualify for the visa are computer programmers, production managers, trainers and chefs.

 

The duration of the H-2B status depends on the employer’s need but may be granted for a maximum of one year. This may be extended for another 12 months twice for a total stay of three years.

 

The annual cap for the H-2B is 66,000 visas per year and the cap does not apply to the spouse or children of the beneficiary.  Because of its limits, the H-2B category has not been widely used until recent years.

 

The H-2B cap was reached for the first time in March 2004. Under the Save Our Small and Seasonal Business Act of 2005, we an additional 35,000 was added to the 2005 cap which had been reached before the 2005 fiscal year ended.

 

The job for which the foreign worker is sponsored as an H-2B must be one-time, seasonal, intermittent or peakload.

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