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How To Sponsor a Caregiver In the USA

Sponsor a Caregiver In the USA

Many people find themselves in need of a caregiver, whether for themselves, their children, a parent, or a disabled relative. Meanwhile, in addition to the challenges of managing childcare when many families have both parents working, AARP reports an impending shortage of family caregivers, in a country where a large portion of the population is approaching old age.

AARP states that “the supply of family caregivers is unlikely to keep pace with future demand,” with the ratio of caregivers 45-64 to individuals in the “high-risk years of 80-plus” predicted to rise to 4 to 1 in 2030. As a result, more people are expected to require institutional care rather than care by family members.

If you are considering looking outside the United States for possible caregiver options, you can go about sponsoring a caregiver in a few different ways. Each visa option comes with advantages and disadvantages, but once you know the requirements, you will be better able to determine which is likely to work for your family. Here are two of the common visas used to sponsor a caregiver.

J-1 Visa

This visa is helpful if you don’t have a specific foreign caregiver you would like to employ. With this visa, a family finds a caregiver through the Au Pair program.

According to the website for The U.S. Department of State’s Exchange Visitor Program, the program pairs program participants with a host family. The program participant works as an au pair for the family while studying abroad, providing “reliable and responsible childcare,” while the host shows the au pair “everyday life with an American family.”

The family does not sponsor the au pair directly. Instead, program sponsors are tasked with screening and selecting both the host family and the au pair. In addition to other duties, the sponsor provides the au pair with training in child development.

Au pairs must be secondary school graduates (or the equivalent) 18-26 years old who can speak English. They must be interviewed in person in English by an “organizational representative” (who will provide a report to the host family) and pass a background investigation. They are expected to both study and work while in the United States. Au pairs stay for 12 months, with the option to extend the visit by another six, nine, or 12 months.

Host families must be U.S. citizens or legal permanent residents who speak English fluently. In return for the assistance of the au pair offers, the family must provide a private room and board, a weekly stipend, and up to $500 toward the au pair’s required academic work, as well as facilitate the requirement that the au pair be enrolled at and attend an accredited post-secondary institution. The program has specific requirements regarding minimum time off for the au pair and requires that the family include the au pair in “family meals, outings, holidays, and other events” whenever it is possible to do so.

H-2B Visa

This visa allows a family to sponsor a specific caregiver themselves, though the process is more complex. As U.S. Citizenship and Immigration Services (USCIS) explains, the visa allows certain employers to hire foreign nationals to fill temporary nonagricultural jobs. In this case, the family sponsoring a caregiver would need to prove that there are not enough U.S. workers who can do the work and that hiring a worker through the H-2B program will not “adversely affect the wages and working conditions of similarly employed U.S. workers. The family must also show that their need for the caregiver’s services or labor is temporary as well as provide a valid temporary labor certification from the U.S. Department of Labor (DOL). USCIS states that there are three major steps to the process:

1. The petitioner (in this case, the family sponsoring the caregiver) submits a temporary labor certification application to DOL.
2. The petitioner submits Form l-129 to USCIS.
3. Prospective workers outside the U.S. apply for a visa (or  admission to the United States in H-2B classification with CBP in cases where a visa is not required).

There is an annual cap of 66,000 H-2B visas (H-2B workers “identified as ‘returning workers'” are exempt). It is also important to check whether the caregiver you wish to employ is from a country on the H-2B Eligible Countries List.

We Can Help With Caregiver Sponsorship

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Michael Niren

About Michael Niren

Michael is a graduate of Osgoode Hall Law School in Toronto. He is a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section and the Associate Member of the American Bar Association. Read more

16 thoughts on “How To Sponsor a Caregiver In the USA

  1. Razel

    Hi I’m razel from Philippines i’m highschool graduate 4th year highschool. I Studied Caregiver here is it possible for me to work there?

    Reply
    1. Immigration Lawyers

      Hi Razel,
      Thank you for your inquiry, I’m glad you contacted us! I would love to help you obtain a visa for caretaking in the United States. Please, complete this form for me http://www.visaplace.com/immigration-assessment/ it is just a quick and easy way for me to learn more details about you and your situation so that I will be able to advise you accurately and determine the best avenue for us to take to help you obtain the best legal advice.

      The above response is for informational purposes only and does not form a lawyer-client relationship nor should it be construed to be legal advice.

      Reply
  2. Glaiza

    I just want to ask ma’am/sir, what are the requirements of a visa petitioner when you want to get a foreign caregiver in your facility? She is from the philippines.

    Reply
    1. Immigration Lawyers

      Hi Glaiza,
      I’m glad you have contacted us! We have helped thousands of clients in similar situations of wanting to work as a caregiver but unsure if they are eligible to do so. Here is some information on US work visas: http://www.visaplace.com/usa-immigration/us-work-visas/ Hiring one of our immigration lawyer will help get you all your legal questions, it will also increase your chance for visa approval.

      Please Glaiza complete this form for me http://www.visaplace.com/immigration-assessment/ it is just a quick and easy way for me to learn more details about you and your situation so that I will be able to advise you accurately and determine the best avenue for us to take to get you status here in America.

      The above response is for informational purposes only and does not form a lawyer-client relationship nor should it be construed to be legal advice.

      Reply
  3. JOYS

    I am nurse from India looking for job in USA as my boy friend is in Nor walk CT kindly kelp me to get sponsor er thanx Joys

    Reply
    1. Immigration Lawyers

      Hi Joys,
      I’m glad you have contacted us! We have helped thousands of clients in similar situations of wanting to work in America due to their husband or wife currently living in the US. Unfortunately, we are not a job searching website so we do not provide job opportunities, but we can provide the visa to obtain a position such as a Caregiver. Here is some information on US work visas: http://www.visaplace.com/usa-immigration/us-work-visas/

      Please Joys complete this form for me http://www.visaplace.com/immigration-assessment/ it is just a quick and easy way for me to learn more details about you and your situation so that I will be able to advise you accurately and determine the best avenue for us to take to get you status here in America.

      The above response is for informational purposes only and does not form a lawyer-client relationship nor should it be construed to be legal advice.

      Reply
  4. Thomas

    Haii respected Sir. Am a.nurse , I would like to work in Canada as care giver , so could YU please.help me to find a.care giver job?if u would help me.please let me know.thank u.

    Reply
    1. Immigration Lawyers

      Hi Thomas,
      I’m glad you contacted us! We would love to help you get started on your care giving work visa process. Although we are not a job searching company, we can help you obtain a work visa for the job that you receive in Canada. Here is some information on Care givers in Canada: http://www.visaplace.com/blog-immigration-law/live-in-caregivers/live-in-care-givers-can-apply-for-canadian-work-permits-earlier/ After you read a bit about care giving in Canada please complete this form for me http://www.visaplace.com/immigration-assessment/ it’s a quick and easy way for me to learn more details about you and your situation so that I will be able to advise you accurately and determine the best avenue for us to take to get you a work visa here in Canada.

      The above response is for informational purposes only and does not form a lawyer-client relationship nor should it be construed to be legal advice.

      Reply
  5. Lili

    While I was living in Taiwan, my roommate cooked all my meals, took me to the ER and the doctor, and started reminding me to do things like take my vitamins. Sometimes I forget where I’m going even though I’m only 54. I’ve gotten used to having my roommate around as a companion. Any chance I can keep her in the States as a caregiver? She’s currently here on a visitors visa.

    Reply
    1. Immigration Lawyers

      Hi Lili,

      I’m so sorry to hear about your troubles, thank goodness you had your roommate! Here is some information on US work visa that she would have to obtain: http://www.visaplace.com/usa-immigration/us-work-visas/ We have helped thousands of clients that are in her exact situation of needing to switch from a visitor visa to a work visa. Please, complete this form for me http://www.visaplace.com/immigration-assessment/ it is just a quick and easy way for me to learn more details about you and your situation so that I will be able to advise you accurately and determine the best avenue for us to take to get your roommate a different status here in America.

      The above response is for informational purposes only and does not form a lawyer-client relationship nor should it be construed to be legal advice.

      Reply
  6. Inga Sisojeva

    Hello. I am Inga, I am Latvian but i live in Italy. My best friend lives in GA, he is in the US army. With his work he travels a lot and he really needs me to take care of his house and dog as a caregive. For which visa should I apply for J1 or H2B? And what he has to do for get me there? And for which visa should i apply and HOW?
    Thank you

    Reply
    1. Muga Rajbhandari

      Hello Inga. We will need to know more about the details of your situation. I am going to suggest that you contact us to make an appointment to talk with one of our immigration professionals who will be able to plan the best strategy for you. You can book an appointment by calling us at 1-416-410-7484 or online at http://goo.gl/JFZqPm
      Regards, Muga

      Reply
  7. Elma Benico

    Hi I’m elmz from Philippines I’m 26.I I’ve been working as a child care @ nany here in Doha Qatar but at the end of September my contract will end so I planned to apply in US as a child care.is it possible for me to apply there?? Tnx

    Reply
    1. Muga Rajbhandari

      Hello Elma. We will need to know more about your situation. I am going to suggest that you contact us to make an appointment to talk with one of our immigration professionals who will be able to plan the best strategy for you. You can book an appointment by calling us at 1-416-410-7484 or online at http://goo.gl/JFZqPm
      Regards, Muga

      Reply
  8. Josna jobins

    I am josna i am a registered nurse in india .i would likes to work as a nanny or caregiver in united states .

    Reply
    1. Muga Rajbhandari

      Hello Josna. I am going to suggest that you contact us to make an appointment to talk with one of our immigration professionals who will be able to plan the best strategy for you. You can book an appointment by calling us at 1-416-410-7484 or online at http://goo.gl/JFZqPm
      Regards, Muga

      Reply

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