Bringing Mother-in-law to USA for long visit?

[Thunderstruck 1]

Hi all,

I was wondering if anyone had success doing this. My wife and I are planning to begin to start a family next year at some point. She really would like her nanay to be here for 6 months to a year after she has the baby. I've heard it is very difficult to get a traveler's visa from the Philippines. Is the traveler's visa the only way to go? Nanay lives in a rural area of Capiz province and has never traveled outside the Philippines before. If not a traveler's visa, is there some other way?

Thanks in advance!

[Saddle Bronc 124]

10-year multi-entry tourist visa (is that what you mean by "traveler's visa"?) works well--and my MIL has visited twice (Nov 2008-May 2009, when Pras was in ROC; and Apr 2011-Oct 2011 after Pras was naturalised).

[TeapotGirl 66]

I haven't heard about travelers visa but I know tourist visa and multiple entry good for 10yrs. If her nanay is rich that is very possible. Rich meaning got car, big house, productive business, high paying job, big bank account with activity- anything that will show that she is coming back to the Philippines and can independently support her visit in the US.

[Jojo92122 1,924]

Hi all,

I was wondering if anyone had success doing this. My wife and I are planning to begin to start a family next year at some point. She really would like her nanay to be here for 6 months to a year after she has the baby. I've heard it is very difficult to get a traveler's visa from the Philippines. Is the traveler's visa the only way to go? Nanay lives in a rural area of Capiz province and has never traveled outside the Philippines before. If not a traveler's visa, is there some other way?

Thanks in advance!

There is absolutely no way for you to bring a foreign citizen to the US to be your nanny.

First, a visitor visa holder cannot work in the US. Being a nanny is work. It doesn't matter if the nanny is working for free.

Second, a US employer who wishes to bring a foreign person over for a job must file a Dept. of Labor certification that no US resident is available or qualify for the job. This will be impossible for you to do as there are lots of people here who qualify to do the job.

Third, US employment laws would apply. You cannot pay the nanny based on the prevailing rate in the Philippines. You would need to pay US wages. Lots of people who have brought "help" with them from outside the US to work in the US have run afoul of paying less than minimum wage.

[Saddle Bronc 124]

I haven't heard about travelers visa but I know tourist visa and multiple entry good for 10yrs. If her nanay is rich that is very possible. Rich meaning got car, big house, productive business, high paying job, big bank account with activity- anything that will show that she is coming back to the Philippines and can independently support her visit in the US.

Actually, a letter from OP stating that he will provide for MIL's needs while in US, combined with some assets (house/condo) will work quite well.

[Theresa0828 65]

She can apply for a B-2 visa, please see this link: http://manila.usembassy.gov/wwwhniv7.html

She has to provide evidence of ties to return to the Philipppines.

[Jojo92122 1,924]

http://blog.messersmithlaw.com/?p=302

Nanny Visa Options

There are four options for host families to bring a foreign nanny/domestic worker to assist them in their home.

J1 Visa – Au Pair

The easiest and, by far, most popular option is to bring a nanny as an au pair. The au pair program utilizes the J1 visa and persons wishes to hire an au pair must do so through an au pair program authorized by the US Department of State. The prospective au pair are preselected by the program sponsor and the host family must choose the au pair from the offered pool. Costs are typically between $7,500 to $12,500 which are paid to the au pair program and the host family must also pay the au pair expenses which run between $250 to $450 per week. The au pairs themselves must undergo training and many types of background checks. In addition, the au pairs must meet the following requirements:

(1) Are between the ages of 18 and 26;

(2) Are a secondary school graduate, or equivalent;

(3) Are proficient in spoken English;

(4) Are capable of fully participating in the program as evidenced by the satisfactory completion of a physical;

(5) Have been personally interviewed, in English, by an organizational representative who shall prepare a report of the interview which shall be provided to the host family; and

(6) Have successfully passed a background investigation that includes verification of school, three, non-family related personal and employment references, a criminal background check or its recognized equivalent and a personality profile. Such personality profile will be based upon a psychometric test designed to measure differences in characteristics among applicants against those characteristics considered most important to successfully participate in the au pair program.

The au pair may be granted a J1 visa for a duration of 12 months which can later be extended if the host family wishes to continue her services.

H2B Visa – Short Term Help

The H2B visa is generally employed by companies with seasonal or intermittent business such as coastal restaurants, theme parks or other tourist spots. However, the H2B visa can also be used to bring nannies to the US. Unlike the au pair program which requires the host family to go through an au pair program, the host family can directly petition for the nanny. The downside is that the host family must be able to show that there are no available US workers for the job and that the work is temporary in nature. While the visa may have a three year duration, the work period must be less than 12 months each year. There are no program fees to be paid but the host family must pay the nanny the prevailing wage as determined by the US Labor Department.

B1 Visa – Accompanying US Travelers

US Citizens, permanent residents and foreign nationals coming to the US for temporary nature may bring domestic help with a B1 visa. The parties must enter a written employment contract guaranteeing payment of the prevailing wage for an eight hour workday and provide any benefits normally required for US domestic workers in the area of employment. B1 visa are typically valid for 6 months but may be extended.

PERM Labor Certification – A Permanent Solution

The PERM program offers a permanent solution for the host family that has chosen a nanny who they would like to keep permanently. Similar to the H2B visa, PERM does not require the host family to go through a sponsoring agency, a prevailing wage must be paid and the host family must be able to show that no US workers are available for the position. However, the work does not need to be temporary in nature and upon approval of the PERM process, the host family may petition for the nanny to obtain residency so she can enter the country.

In order to qualify as a nanny, the applicant must have two years of experience as a nanny and be offered full time employment as a nanny by the host family. To qualify as a domestic live-in, the applicant must have one year of experience and the host family must show that the employment is a business necessity.

[Saddle Bronc 124]

She can apply for a B-2 visa, please see this link: http://manila.usembassy.gov/wwwhniv7.html

She has to provide evidence of ties to return to the Philipppines.

Basically, analogous to what Pras' mum had to do to get her visa in 2008 from India.

[Jojo92122 1,924]

A visitor visa holder cannot legally work in the US. If MIL applies for a visitor visa (B-2) and states that she intends to provide child care, she will be denied a visa.

MIL can come to visit on the visitor visa her family, but she cannot work (even free) for her family.

[rlogan 2,036]

There is absolutely no way for you to bring a foreign citizen to the US to be your nanny.

First, a visitor visa holder cannot work in the US. Being a nanny is work. It doesn't matter if the nanny is working for free.

Second, a US employer who wishes to bring a foreign person over for a job must file a Dept. of Labor certification that no US resident is available or qualify for the job. This will be impossible for you to do as there are lots of people here who qualify to do the job.

Third, US employment laws would apply. You cannot pay the nanny based on the prevailing rate in the Philippines. You would need to pay US wages. Lots of people who have brought "help" with them from outside the US to work in the US have run afoul of paying less than minimum wage.

Good thing you don't work at the border. You sound like the nightmare customs and border patrol agent looking for an excuse for terrorizing a grandmother for visiting her grandchild.

This is pretty clearly not an employment contract, but family visitation.

[Jojo92122 1,924]

Google "can i bring a nanny to the US."

http://www.nannynetwork.com/library/faq/foreign-nanny-legal.cfm

Can a foreign nanny legally find work in the US?

In the United States, a family may legally hire a U.S. citizen, an alien lawfully admitted for permanent residence, or an alien with a valid work permit. US employers are required to verify a candidate's employment eligibility using Form I-9. REPUTABLE agencies will not refer individuals to you for consideration who do not have valid work authorization. If you hire on your own or via an online job matching service such as 4nannies.com, you are responsible to confirm that the candidate you wish to hire is legally eligible for work in the U.S.

The follow-up question usually is "How can the family help the foreign applicant obtain work authorization?" The answer, unfortunately, is that it is almost impossible for a foreign nanny applicant to obtain either an immigrant visa or a temporary work authorization in a timely manner. This process can take from many months to generally many years, longer than you or your children can wait.

IMPORTANT CONSIDERATIONS!

Occasionally, a family locates a non-documented immigrant or foreign national without US work authorization and is willing to take the chance and hire them any way. Family's are encouraged to thoroughly evaluate this decision in advance. These individuals cannot obtain a US driver's license in many states. This is even more true in the wake of 9/11. Absent a valid driver's license, they can not legally drive your children or be added to your family automobile insurance. Additionally, most schools require government-issued proof of identity from adults before they will release a child to the adult, or even admit the adult to the school. These individuals often cannot legally authorize medical treatment for your children. This undocumented status can cause many headaches and some real dangers to the children.

IMPORTANT UPDATE APRIL 2005:New regulations issued by the US Department of Labor have upgraded the category for live in domestic workers from unskilled to skilled workers. Under the US quota system, this places the foreign applicant in a position where visas are currently available except for applicants from China, India and the Philippines. We have been advised that this DOES NOT apply to domestics already living and working in the US.

To Qualify:

Applicant must have at least one year of experience as a household domestic worker.

Applicant must be offered a full-time, permanent position in the US.

The potential employer must apply for and receive approved Labor Certification from The Department of Labor.

The employer must prove that your employment as a live in household worker is a business necessity.

Employment offer must include a written contract and the wage paid must meet prevailing wage tests (for example no less than $8.48 per hour in Metro-DC or $339.20 for a 40 hour work week [7/1/2011]).

All US employment law, including the payment of employment taxes, must be adhered to.

We are not offering specific legal advice; we recommend that employers interested in this contact an attorney specializing in immigration matters to discuss their individual circumstances. Our staff is not qualified to discuss visa and immigration matters with potential employers and applicants.

[Jojo92122 1,924]

Hi all,

I was wondering if anyone had success doing this. My wife and I are planning to begin to start a family next year at some point. She really would like her nanay to be here for 6 months to a year after she has the baby. I've heard it is very difficult to get a traveler's visa from the Philippines. Is the traveler's visa the only way to go? Nanay lives in a rural area of Capiz province and has never traveled outside the Philippines before. If not a traveler's visa, is there some other way?

Thanks in advance!

Good thing you don't work at the border. You sound like the nightmare customs and border patrol agent looking for an excuse for terrorizing a grandmother for visiting her grandchild.

This is pretty clearly not an employment contract, but family visitation.

To you it might be "pretty clear" but to the Consular Officer providing child care is work.

I am not looking for "an excuse for terrorizing a grandmother for visiting her grandchild." She can visit. She cannot provide care as a nanny. There is a big difference between visiting my family and coming to the US with the intention to provide child care.

Don't you think the OP should know how difficult it is to bring a nanny to the US? Should he not also know that family member have been denied visitor visas for saying they intend to provide child care when they get to the US? Or perhaps, I should just give them the rosy scenario because the Consular Officers always see things from the family's point of view???

Edited November 1, 2011 by Jojo92122

[iahmjpinoy 6]

To you it might be "pretty clear" but to the Consular Officer providing child care is work.

I am not looking for "an excuse for terrorizing a grandmother for visiting her grandchild." She can visit. She cannot provide care as a nanny. There is a big difference between visiting my family and coming to the US with the intention to provide child care.

Don't you think the OP should know how difficult it is to bring a nanny to the US? Should he not also know that family member have been denied visitor visas for saying they intend to provide child care when they get to the US? Or perhaps, I should just give them the rosy scenario because the Consular Officers always see things from the family's point of view???

I don't think anywhere did the OP say "Nanny"... he was just asking about bringing 'Nanay'.. which is different, google it if you don't know Tagalog...

You're reading too much into what the OP is asking, unless he specifically stated he was bringing "Nanay' to provide some kind of care, then I would think they are wanting her to be there for the childs birth and time to spend with the baby and daughter for the first couple months...

But, from the counselor's view, that's probably what they are thinking the situation will be, that the "Nanay" will end up being a "Nanny".. unless, like other's have posted, she can prove she has ties back home that will make her come back...

[rlogan 2,036]

To you it might be "pretty clear" but to the Consular Officer providing child care is work.

I am not looking for "an excuse for terrorizing a grandmother for visiting her grandchild." She can visit. She cannot provide care as a nanny. There is a big difference between visiting my family and coming to the US with the intention to provide child care.

Don't you think the OP should know how difficult it is to bring a nanny to the US? Should he not also know that family member have been denied visitor visas for saying they intend to provide child care when they get to the US? Or perhaps, I should just give them the rosy scenario because the Consular Officers always see things from the family's point of view???

That article you used to bolster your threats to the OP was fear-mongering, self-contradictory trash. She pretended that when grandma enters the country she tells the border patrol officer she has just accepted employment as a daycare provider. Nobody in their right minds would say that. It would be lying. She is the grandmother.

Did you notice that the article you cited stated that the "solution" (Duh!!!) was to tell the truth about what she will be doing?

Edited November 1, 2011 by rlogan

[Jojo92122 1,924]

I don't think anywhere did the OP say "Nanny"... he was just asking about bringing 'Nanay'.. which is different, google it if you don't know Tagalog...

You're reading too much into what the OP is asking, unless he specifically stated he was bringing "Nanay' to provide some kind of care, then I would think they are wanting her to be there for the childs birth and time to spend with the baby and daughter for the first couple months...

But, from the counselor's view, that's probably what they are thinking the situation will be, that the "Nanay" will end up being a "Nanny".. unless, like other's have posted, she can prove she has ties back home that will make her come back...

You are right. I did mistake "nanay" for "nanny."

The last article may be informative. People have been denied visitor visas for saying they intend to come to the US to provide care and help during and after a pregnancy. As the article points out, there are cultural differences between the US and other countries. US immigration laws can be tricky, and how a person presents his/her case at the visitor visa interview can be the difference between getting a visa and a denial.

That article you used to bolster your threats to the OP was fear-mongering, self-contradictory trash. She pretended that when grandma enters the country she tells the border patrol officer she has just accepted employment as a daycare provider. Nobody in their right minds would say that. It would be lying. She is the grandmother.

Did you notice that the article you cited stated that the "solution" (Duh!!!) was to tell the truth about what she will be doing?

Really??? Now, I have threaten the OP?????? Did I say I was going to do anything?

The solution is to tell the truth. However, how MIL presents her case is relevant. There is a difference between saying "I am going to visit my daughter" versus "I am going to help care for my grandchild and take care of my daughter."

Edited November 1, 2011 by Jojo92122