Tag Archives: J-1 Visa

How To Sponsor a Caregiver In the USA

Caregiver

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 significant 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 standard visas used to sponsor a caregiver.

J-1 Visa for Caregivers

This visa is helpful if you don’t have a particular 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 household 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 is 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 for Caregivers

This visa allows a family to sponsor a particular caregiver themselves, though the process is more complicated. As U.S. Citizenship and Immigration Services (USCIS) explains, the visa allows individual 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 an employee 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 applicant 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 permit is not required).

There is an annual cap of 66,000 H-2B visas (H-2B workers “identified as ‘returning employees” 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

Are you interested in immigrating to the U.S. or moving to Canada? Contact VisaPlace today.

All our cases are handled by competent and experienced immigration professionals who are affiliated with VisaPlace. These professionals consist of immigration lawyers, licensed paralegals, and consultants who work for Niren and Associates an award winning immigration firm that adheres to the highest standards of client service.

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Published on: April 24th, 2016Published by: Michael Niren

I Overstayed my J-1 Visa. Can I return to the US?

What to do if you overstay your J-1 Visa?

I overstayed my J1 visa (for 14 months) and was granted a voluntary departure in 2001. By that time I was a Chilean citizen. Now I am a Canadian citizen and have a good job in Toronto. I would like to go to the States for vacation sometime. However I am not sure if I have to apply for a waiver of inadmissibility. And if I have to do so, I would like to know what my chances are to be admitted? Is it better if I wait one more year?

I have no criminal records at all in any of the countries.

Thank you.

__________________

An overstay of 14 months would trigger a 10 year bar which would require you to apply for a US Waiver of Inadmissibility. The longer you wait to apply, the better. You should also be aware that as a former J-1 Visa holder, you may be subject to a 2 year residency requirement which means that you would have to reside in your country of citizenship for 2 years before entering the US. This is therefore a potentially complicated situation. You should seek legal advice. See more info on Overstayed US Visas.

Have a question about visa overstays of the J-1 visa? Contact Niren and Associates Immigration Law Firm today.

Contact us for a consultation to discuss your options or fill out our free immigration assessment form located at the left of this page, and we will get back to you within one business day!

Published on: May 11th, 2010Published by: Michael Niren

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