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Travelling to US with French au pair - type of visa needed?

15 replies

Gangle · 15/05/2010 15:22

We are looking to take on a French au pair in the next few months. We live in London but will travel to the US with the au pair for a maximum of 3 months later this year. DH and I and the children all have J2 visas - does the au pair need a J2 or can she just enter on a tourist visa as she is coming for less than 3 months (so am I infact but I have the JS anyway)? Think I may need to get proper advice on this but just wondering if anyone knows!

OP posts:
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MmeTrueBlueberry · 15/05/2010 15:26

She can't go on a tourist visa because she will be working.

The Au Pair program in the US is highly regulated and you need to go through one of a few approved agencies. The visa is a J visa.

There is a possibility of taking a existing domestic worker with you when you move to the US, but I don't know any details for this.

Are you going to the US as students to actually study in an educational establishment?

Gangle · 15/05/2010 15:28

thanks MmeTrue. Is that the case even though we will be employing her in the UK and paying her into a UK or French bank account? Does a stay of less than 3 months constitute residency?

OP posts:
MmeTrueBlueberry · 15/05/2010 15:29

Actually - just found this on the US Embassy website:

"United States visa law prohibits anyone admitted into the United States as a visitor on a B-1/B-2 visa, or visa free under the Visa Waiver Program, from working as an au pair, nanny or mother's helper even if only in exchange for room and board.

The only exception to this rule is for nannies and mother's helpers who are accompanying a United States citizen or nonimmigrant visa holder to the United States for a temporary period. In such circumstances a B-1 visa is appropriate. "

Looks like it may be possible

Gangle · 15/05/2010 15:30

Sorry, forgot to answer your question. DS has a research position at Vanderbilt Medical Centre in Nashville. No studying involved.

OP posts:
MmeTrueBlueberry · 15/05/2010 15:31

She will be working, even if you are paying her in the UK. She won't be able to go visa-free, but it is good that she may be considered to be on a business visit.

Gangle · 15/05/2010 15:32

oooh, thanks MmeTrue, very kind of you to help. Is a B-1/B-2 visa a tourist visa? Do we know what they mean by a "temporary period"?

OP posts:
FrakkedUpTheElection · 15/05/2010 15:33

She should be able to go - several nannies I know have travelled with work and carry a copy of their contract to prove their residency outside the US and that their contract is drawn up in another country.

MmeTrueBlueberry · 15/05/2010 15:34

B1/B2 is a visa for tourist visits and business trips. Most people can travel visa-free under the Visa Waiver Program, but if they don't qualify for this for whatever reason, they would usually try to get a B1/B2 visa.

MmeTrueBlueberry · 15/05/2010 15:36

There may be a restriction based on how long she has worked for you, so worth checking this out.
I will have a quick look around.

MmeTrueBlueberry · 15/05/2010 15:38

Here's the quick answer and it is not good news:

Nannies, au pairs, and mother's helpers who are accompanying or following to join an employer who seeks admission to, or who is already in, the United States in B, E, F, H, I, J, L, M, O & P, Q, or R nonimmigrant status may be eligible for B-1 visa classification provided:

The employee has been employed outside the United States by the employer for at least one year prior to the date of the employer's admission to the United States, or if the employer-employee relationship existed immediately prior to the time of application, the employer can demonstrate that he has regularly employed (either year-round or seasonally) domestic help over a period of years preceding the time of application;

The employee has at least one year's experience as a personal or domestic servant as attested to by statements from previous employers;

The employee has a residence abroad which he or she has no intention of abandoning;

The employer and the employee have signed an employment contract which contains statements that the employer is guaranteed the minimum or prevailing wages, whichever is greater (Further information is available from the Department of Labor?s website at www.dol.gov), and free room and board, and the employer will be the only provider of employment to the employee.

This is all from this page: www.usembassy.org.uk/cons_new/visa/niv/aupair.html

FrakkedUpTheElection · 15/05/2010 15:43

But that doesn't seem to cover those travelling with the family for tourist purposes?

And what about if you have a newborn and a nanny who travels with you?

I will ask someone who regularly travels as a nanny to the States what she does.

MmeTrueBlueberry · 15/05/2010 15:55

But she is definitely not a tourist as she is getting her expenses reimbursed by the family and having a salary paid for her services.

They have made an exception to the normal rules for long-term domestic employees, who can travel on a business visa. This means that a family/nanny bond is not broken, which really doesn't exist in the first place for a new employee.

wrinklyraisin · 15/05/2010 16:00

Hi there I think Frakk means me

I travel with my bosses who are US citizens back to the states regularly. I carry my contract and also my Dutch residency papers (just my proof of having a Dutch bsn number and proof of address there) and as our visits are less than 90 days I am admitted under the visa waiver scheme with no problems. I say to the border official I am accompanying my employers on vacation/business and in 6 trips in the last 10 months I have only had to show paperwork once. I am obviously working on the visit but my pay etc is straight to my Dutch account. I could in theory get a B1 visa but as our stays are generally 3-6 weeks st a time I am covered by the visa waiver.

The OP case is slightly different as you are not. US citizens. I would advise getting her a B1 visa just to be sure. This will allow her to stay up to 6 months.

I have never had an issue traveling to the USA on a visa waiver with employers. Its a temporary visit and as long as you can show ties outside the USA and a work contract originating out of the USA she should be fine.

Its very naughty but I do know some nannies come and say they are on vacation for the three months and show a bank statement with funds to support the trip. Am not advocating this but know it can be done with no need to mention a job or working whilst there.

FrakkedUpTheElection · 15/05/2010 16:08

I meant the family being there for tourist purposes and the nanny working.

I think MTB has found the legislation which prevents people hiring O/S nannies and importing them when the employer is resident, not when the family is visiting.

MmeTrueBlueberry · 15/05/2010 16:15

The OP is going on a J2 visa...

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