Can a foreign Nanny apply for an employment-based immigrant visa?
Yes, an employer can now apply to sponsor an alien as a Nanny or Nanny/Household Manager, under the EB3 employment-based immigrant visa.
The new PERM regime now classifies the occupation of �Nanny� as a �Skilled Worker� instead of the previous classification of �Other Worker.� The newly defined classification, gives way for favorable treatment by the USCIS as the Specific Vocational Preparation (SVP) range for the occupation of Nanny is now 6.0<7.0. This means this occupation now requires training in vocation schools, relevant work experience, and/or an associates� degree under PERM. Some positions may even require a bachelor�s degree. A Nanny�s duties may include, but are not limited to, the following:
- Ability to perform CPR and first aid.
- Preparation and planning of meals
- Transportation of children
- Regulation of child�s rest periods.
- Participation in regular meetings with parents to discuss child activities and development.
- Child instruction on safe behaviors such as crossing the street with an adult and avoiding dangerous objects.
- Organization and implementation of age-appropriate activities for children.
- Observation of child�s behavior for irregularities such taking child�s temperature, transporting child to the doctor, maintaining child�s health.
- Performance as a role model of appropriate social behaviors and the cultivation of interpersonal relationships and communication skills.
- Participation in the implementation of discipline programs to promote desirable behaviors in the child.
- Observation and development of family schedule.
High demand in the EB-3 category has caused a backlog of applications and potentially long waits for green cards.
extracted from: Siskind Susser Bland
How Can A Nanny Obtain An EB-3 Visa?
If you want to enter the U.S. as an EB-3 worker, you must go through the following multi-step process:
- Your prospective employer must determine if you are eligible for lawful permanent residency in the U.S.
- Your prospective U.S. employer must complete Application for Permanent Employment Certification, Form ETA-9089, and submit it on your behalf to the Department of Labor's Employment and Training Administration. Labor must either grant or deny the certification request
- The USCIS must approve Form I-140, Petition for Alien Worker, filed on your behalf
- The State Department must give you an immigrant visa number
- If you are already in the U.S., you must apply to adjust to permanent resident status after a visa number becomes available
- If you are outside the U.S., you must complete your immigrant visa processing at the U.S. Consulate
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