Where to start?

[Batt1eRatt1e 0]

Hello everyone! My wifes friend is here visiting from Mexico. She has been an Au Pair previously, earned a degree here in the US and in Mexico too and has had a J Visa previously. If she wanted to stay here to work, what visa would she apply for? The type of work would be nanny or applying somewhere for a regular job. We have two kids so she could babysit our kids or others. We just need some general direction on where to go from here. Also, I'm in the US Army, not sure if that changes anything.

[christeen 966]

Well, she cannot apply for a regular job as she is on a tourist visa and thus not eligible to work here n the USA. She will have to find a company (or agency if going for au pair) to sponsor her... Given the current economy, this is not an easy ndertaking. This will not be done by her just "staying here" nor can you just employ her as a babysitter... Sorry,it is definetly not that easy... You can start by check with agencies that provide au pair services such as aupairamerica,com or aupairamerica.com and see how she can get the ball rolling. But visas will have to be issued in her country by the USA embassy...

[JayJayH 546]

To work legally in the US, she needs to have a company to sponsor her for a work visa. In her case, it sounds like there are three applicable visas that might be in reach. Beyond a J-1 for au pair, there is virtually no chance of getting a visa to work as a nanny or a 'regular job.' The reason for this is that there is no shortage of US workers who could work these professions, nor do they require special skills or specialized degrees. Unfortunately, your military service will not make any difference here.

1. H1B visa. The H1B visa is a temporary (but renewable) work visa allowing highly skilled foreign nationals with at least a Bachelor's degree or higher, to work in specialty occupations in the US. To get an H1B, a company must first offer her a job, and then sponsor a petition allowing her to apply for an H1B. The job must be in a specialized field, and the job description must require at least a Bachelor's degree.

2. H2B visa. The H2B visa is a temporary work visa, allowing unskilled workers to work seasonal jobs in low populated areas of the US, where there is a seasonal labor shortage, or where the employer struggles to find sufficient labor. For example, this includes low populated areas which experiences a large influx of tourists on a seasonal basis - a cruise ship port in Alaska for instance, or a ski resort in a small town. To apply, the applicant must have a job offer, and the employer must then sponsor a petition allowing her to apply for the visa.

3. TN visa. Canadian and Mexican citizens are eligible for a special NAFTA visa called TN. The job description must be on the NAFTA profession list (here: https://www.nafta-sec-alena.org/Default.aspx?tabid=97&ctl=SectionView&mid=1588&sid=8fd98e3e-4495-43a8-ba47-4a6955d6b5db&language=en-US#Ap1603.D.1 ) and the position must require a NAFTA professional. There must be a standing job offer.

Beyond those three, there are virtually no options for working legally in the US, unless she has immediate relatives (parents, children, spouse or siblings) who are US citizens or permanent residents.

A fourth, less complicated option, would be if she can get a professional degree from a US educational institution (Bachelor degree or higher). Graduating with at least a bachelor's degree in the US, allows the student to apply for Optional Practical Training (OPT). This one year work permit allows her to work, without sponsorship, for up to one year in a profession related to her major field of study. Although OPT is only for one year (with certain exceptions for science, technology, engineering or math professionals), it is often used as a bridge toward a working visa. This is because many companies would rather sponsor someone they know, and who has already worked for them, than to sponsor someone on a whim.

PS. To qualify for OPT, she must have been studying in the US in pursuit of a degree for the past 9 months, so her previous degree or studies in the US will not qualify her.

Edited November 21, 2013 by Yang-Ja

[Batt1eRatt1e 0]

Is it possible to have her as an Au Pair in our home if we sign up for the Au Pair program, or can you not pick and choose who you want? This sounds very difficult. She only has an Associates degree in the US so some of the options don't apply. I just read the max age is 26 years old for Au Pair, she's older than that...not looking good for options...

[Batt1eRatt1e 0]

After reading around, it seems like an H2B Visa may be possible...

[christeen 966]

It is indeed a VERY difficult undertaking for her... Not too much you can do for her I am afraid...

[Batt1eRatt1e 0]

She does have a social security card too, although it says "Valid for work with DHS authorization". She has some English teaching certifications too as she teaches English in Mexico.

[KennethBrewerr 0]

Good man, she is not able to apply for a regular job, The reaon is that she has a tourist visa and Therefore she is not able to work here and the USA as well. One way which she can do if she will have to search a company to sponsor her. an give the current economy, I know this is not an easy way but..... if no happen this then she will not be done by her just live here. Its my point of view...........

__________________________

US Immigration Policy

[Boiler 45,651]

The obvious solution would be a US Boyfriend.....

Edited November 23, 2013 by Boiler

[christeen 966]

What? Have they opened up a "boyfriend" visa catagory?

[Boiler 45,651]

Often you have to plan, it is what it leads to.