Shorter Green Card Wait for Nannies

Nannies used to wait for a very long time before they could get a green card because they were considered unskilled workers and classified under the “Other Workers” category for employment-based immigration to the U.S.

When the Program Electronic Review Management (PERM) was implemented on March 25, 2005, nannies were reclassified under the Department of Labor’s Standard Occupational Classification (SOC) and the requirements for the position fell under the EB-3 (Skilled Workers) category.

Under the SOC job description, nannies are in charge of “care for children in private households and provide support and expertise to parents in satisfying children’s physical, emotional, intellectual and social needs.” Their duties may include meal planning and preparation, laundry and clothing care, organization of play activities and outings, discipline, intellectual stimulation, language activities and transportation.

The reclassification of nannies under the EB-3 Skilled Workers category means that there are more visa numbers available and the waiting time for a green card will be shorter. On the other hand, “Other Workers” are only allocated 10,000 visas worldwide per year.

For instance, the June 2008 Visa Bulletin issued by the Department of State shows the availability of immigrant visa numbers for EB-3 Philippine applicants with priority dates on or before March 1, 2006. The date for the “other workers” category is January 1, 2003.

The employer can petition for either a live-out or live-in nanny.

To be able to petition for a foreign nanny to work permanently in the U.S., the employer must require as minimum qualification two years experience in the job. The worker should be able to provide documentation of two years experience as a nanny. These requirements should be considered typical for the position and not excessive requirements.

The employer has to offer and pay the prevailing wage for that occupation in the area of intended employment.

For both live-in and live-out nannies, the employer is required to undergo specific recruitment efforts. The employer needs to maintain a recruitment file which includes a recruitment summary, the posting notice, prevailing wage determination, job order placement, newspaper advertisements, responses and recruitment outcomes for audit purpose.

For live-in nannies, additional documentation is required. There must be a statement describing the worker’s living accommodations, number of rooms, number of adults and children in household. Free board and a private room should be provided.

The applicant must be offered a full-time, permanent position in the US. Two copies of the employment contract have to be submitted. The employer must also prove a business necessity for the live-in requirement. This can be done by documentation showing that both parents of the children are working and/or that their work schedules are erratic and require frequent travel and entertaining.

Once the labor certification is approved, the employer can file an I-140 petition for immigrant worker with the United States Citizenship and Immigration Services (USCIS).

It should be noted that if the nanny has been out of status in the U.S., he/she cannot file an adjustment of status application unless he/she is the beneficiary of a section 245 (i) petition or labor certification. Unlawful presence in the U.S. may subject him/her to a 3-year bar (if the unlawful presence lasted at least 180 days) or a 10-year bar (if one year or more).