We recently achieved a significant success: an H2B visa for a nanny was approved for approximately three years based on a “one-time occurrence” for a private household.
Securing an H-2B visa for a nanny can be challenging, but it’s not impossible, especially when a clear, temporary need exists.
To learn more about the H-2B visa program, visit H-2B Visa – Requirements, Eligibility and Benefits and Can H-2B Visa Be Extended? and Successful H-2B extension.
The Approved H2B Nanny Visa
Our client, a private employer, required a nanny for their 4-year-old child for a period of three years. While their general need for childcare was permanent, a specific, temporary event created this short-term demand for a nanny.
Initially, the U.S. Department of Labor (DOL) issued a Notice of Deficiency. They questioned the temporary nature of the nanny position, requesting detailed information and supporting documentation on:
We successfully responded to the DOL’s concerns with comprehensive documentation and a tailored explanation, demonstrating a clear “one-time occurrence.” As a result, we received a Notice of Acceptance for an H-2B visa for a nanny for three years.
How We Achieved this H2B Visa for Nanny
Many assume nanny positions are ineligible for H-2B visas, but this case proves otherwise when the circumstances are properly presented. Here’s how we did it:
When the need is well-defined and strongly supported, nanny roles can qualify under the H-2B program. If you’re facing a temporary but critical childcare gap, this strategy is worth considering.
Understanding the H-2B Visa for Nannies and “One-Time Occurrence”
The H-2B visa program enables U.S. employers, including private households, to hire foreign workers for temporary non-agricultural roles. This program allows U.S. companies to fill temporary positions on a seasonal, peak-load, intermittent, or one-time occurrence basis. While frequently used for landscapers, cooks, and construction workers, nanny positions can also qualify.
What Constitutes a “One-Time Occurrence”?
To establish a “one-time occurrence,” an employer must demonstrate one of the following:
Examples of approved H-2B visas for “one-time occurrence” include:
Malescu Law can assist
Navigating the complexities of H-2B visas, especially for unique situations like nannies, requires experienced legal counsel.
Many petitioners work with non-lawyer agents who are only equipped for basic form submission. However, every business and individual has a unique story, and when it doesn’t fit a standard template, you need someone who can effectively articulate it.
If you are a business or individual planning for future H-2B filings, even for new operations, now is the time to start preparing.
We serve companies and individuals across all 50 states, the District of Columbia and Puerto Rico.
Contact us or schedule a consultation.
Malescu Law P.A. – Business & Immigration Lawyers
