Caregivers play a vital role in the lives of many people. They offer critical support to our loved ones, including our children, elderly parents and sick relatives. Caregivers who are foreign nationals may continue their work in the U.S. if they have certain skills and experiences to qualify for a nonimmigrant visa. The below visas are for temporary stays in the U.S., and they are not a pathway to Green Card (or permanent residency).

H-1B “Specialty Occupation”

The H-1B visa offers employers many options for bringing foreign employees to the U.S. For certain highly qualified caregivers, the H-1B visa category that fits there occupation is “Specialty Occupation.”  For example, certain foreign nurses may qualify for this visa if they hold advanced managerial positions such as Certified Nurse Midwife, Certified Nurse Practitioner, Certified Nurse Specialist, Certified Registered Nurse Anesthetist, and other positions.  Foreign nurses must also meet U.S. state licensing requirements and qualify as Advanced Practice Registered Nurses (APRN).

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H-2B Temporary Non-Agricultural Workers

Caregivers may also be eligible for the H-2B visa. This visa will allow a U.S. employer to bring the foreign caregiver to the U.S. for temporary jobs. The employer will need to go through a process to demonstrate that there are not enough U.S. workers who are able, willing, qualified and available to do the work. Additionally, the employer must prove that its need for the caregiver is temporary.

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J-1 Visa (Au Pair/Nanny Program)

Foreign caregivers may also qualify for a J-1 Exchange Visitors visa. This visa is a great option for foreigners who want to visit the U.S. for teaching, instructing or lecturing, studying, receive training, conducting research or to provide other services. Caregivers of children and others may be eligible for this visa through the U.S. State Department’s Au Pair Program. Au pairs typically provide child care services to a host family in exchange for room, board, a stipend and some education costs.

The State Department has very specific requirements for the Au Pair Program. To learn more, visit their website at https://j1visa.state.gov/programs/au-pair/.

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Contact us today at 1 (718) 301-9732 to learn whether you or your employee is eligible for one of these visas.