H-2B Visa for Nannies and Childcare Workers | Hire a Seasonal Nanny

Costs depend on your case, but most families should budget for:

• Government filing fees for the USCIS petition. Most households qualify for reduced small-employer fees.
• Optional premium processing if you need a faster USCIS decision.
• Job advertising required during U.S. recruitment.
• Your nanny's visa and travel costs, which the program requires the employer to cover (see below).
• Legal fees for preparing and managing the case.

We give every family a written estimate during the case evaluation, so you know the full cost before you begin.

As an H-2B employer, your family agrees to the program's worker protections. These include:

• Paying at least the prevailing wage set by the Department of Labor, or the federal, state, or local minimum wage if higher.
• Offering at least three-fourths of the hours promised in the job offer over the work period.
• Paying your nanny's visa fees and reimbursing travel to the U.S., plus return travel when the job ends.
• Never charging your nanny, directly or indirectly, any recruitment fees.
• Following household employer payroll and tax rules, and keeping accurate time and pay records.

We walk you through each obligation before you file, so there are no surprises.

No. H-2B does not require you to provide housing. Live-in arrangements are allowed, but any room and board you provide must follow wage-and-hour rules and be described in the job offer. We help you set up the arrangement correctly from the start.

In many cases, yes. You can request a specific person by name, as long as they are a citizen of a country eligible for the H-2B program. Many countries in Latin America and around the world are on the list.

Keep in mind that you must still advertise the job and offer it to qualified U.S. workers first. If a qualified U.S. applicant applies during the recruitment period, you may be required to hire them. We will explain the risks and how to prepare during your evaluation.

Your nanny can stay for the approved work period, plus a short period before and after. Seasonal and peak-season jobs generally last up to 9 months. An H-2B worker can stay in the U.S. for a maximum of 3 years in total. After that, they must spend 60 days outside the U.S. before they can return in H-2B status.

Yes. Many families bring back the same nanny each season. Each season requires a new filing, including a new wage determination and recruitment, so plan to start again about 6 months before your next start date.

The approval covers the work location listed in your application. If your family splits time between homes or states during the season, tell us at the start. Working at a location not covered by the approval can cause problems, so we plan for it before filing.

Yes. Congress sets an annual cap of 66,000 H-2B visas. Half are for jobs starting October 1 through March 31, and half are for jobs starting April 1 through September 30. Demand is high, and visas for a half-year often run out quickly, so timing matters.

We recommend contacting us at least 6 months before your start date. The Department of Labor application can only be filed 75 to 90 days before the start date, and several steps must be completed before that.

Let us know right away. If the job ends early, the employer must notify the government within a short deadline and may owe your nanny return travel costs and wages under the three-fourths guarantee. We help you handle changes correctly to protect your family and your nanny.

Not through H-2B, which requires a temporary need. Depending on your situation, other options may fit better:

• J-1 Au Pair: a State Department cultural exchange program for young adults (ages 18 to 26) who provide up to 45 hours of childcare per week for one year, with a possible extension. Families work through an approved sponsor agency.
• B-1 Domestic Employee: for families moving or visiting the U.S. temporarily with a nanny who has already worked for them abroad. Specific requirements apply.
• Permanent residence: in some cases, a family can sponsor a caregiver for a green card through the labor certification process. This path usually takes several years.

We review every option with you during your evaluation.

Yes. KW Immigration Law is a bilingual practice. We can communicate with your family and your nanny in English and Spanish throughout the process.