FAQ:  Work Permits for Nannies and Au Pairs

Work Permits for Nannies and Au Pairs

Au pairs can participate in an exchange visitor (J-1) program for up to 12 months in the United States and obtain extensions under certain circumstances.  During this time, they can provide up to 45 hours/week of child-care services to their host family.  Participation is limited to high school graduates between the ages of 18 and 26 who are proficient in spoken English.  The au pair must be placed through one of the several program sponsors designated by the United States Department of State. Host families must pay a weekly stipend and must pay for academic courses for the au pair.  A listing of au pair agencies designated by the State Department can be provided upon request.

Full-time nannies and other domestic workers, on the other hand, generally benefit from no such specific visa category.  To obtain authorization for permanent employment in the United States, a nanny’s employer would have to test the labor market through an application for labor certification, in a process similar to that required for Professionals.  However, because the number of visas issued to domestic workers is limited and therefore can be severely backlogged, there can be a waiting period of many years.

A domestic servant or nanny who is accompanying his or her employer while on temporary assignment in the United States may be eligible for a temporary status in order to continue providing those services during the U.S. assignment of his or her employer.