Attorney M. Gabriela Ungo personally experienced a successful labor certification approval for a nanny, and being a mother of three, she is overwhelmed with joy.
Immigrant petitions (green cards) are currently more accessible for those who are trying to hire foreign household workers in the United States. Eligible foreign household workers include nannies, live-in domestic workers and/or elder-care workers.
Obtaining a labor certification from the US Department of Labor is the first step of an employment-based permanent residence process. The new regulations introduced by the US Department of Labor (PERM legislation) on April 2005, introduced “nannies” as a new job title category. This is great news for those of us who are trying to alleviate a current U.S. crisis of “child-home care” and wish to legally find a foreign nanny or live in domestic worker.
To qualify for a green card, the foreign-born nanny must:
• Have an employment offer of a full-time permanent position from a US employer, and
• At least two-years experience as a nanny.
A domestic live-in applicant must also apply for a labor certification through PERM before filing her permanent residence petition. To qualify, the applicant must have at least one year of experience as a household domestic worker and employer has to prove that the employment as a household worker is a business necessity.
To obtain useful information about nannies, employer's legal and tax responsibilities, job agencies, support groups, please visit the following websites:
- Department of State Au Pair and EduCare Programs
- International Nanny Association
- National Association for Nannies
- Au-Paire Care
- Breedlove & Associates