There are several types of jobs in the United States (USA) in which employers may have the option of sponsoring workers to obtain Permanent Residency or Green Card, we tell you about one of them.
It is about those who work as foreign nannies.
However, the process is just as complex as any other procedure of this nature, because it is also necessary to strictly comply with immigration regulations.
Green Card with legal entry to the country
A nanny could be classified under the EB-3 visa, the third preference of the employment-based permanent residence category.
There are three categories for the EB-3 visa.
Nannies fall into the “unskilled worker” category as they require less than two years of experience or training.
In principle, in order for the nanny to live and work permanently in the U.S., the employing family must sponsor the nanny to obtain the Green Card.
The worker must obtain a labor certification or PERM.
In this process, the family must demonstrate to the Department of Labor that they have not found a qualified or interested U.S. worker to fill the position.
This includes posting job advertisements and interviewing potential candidates.
Once PERM certification is obtained, an I-140 petition is filed with USCIS.
This process can take anywhere from four months to a year, depending on whether the case is selected for an audit by the U.S. Department of Labor (DOL).
About PERM certification
The PERM process begins when the family places job advertisements and interviews applicants who meet the basic qualifications.
This, to demonstrate that there are no U.S. applicants available, qualified and willing to perform the job on a permanent basis.
The family is required to place three ads; one on the state workforce agency's website.
And, the other two in a major newspaper in the area for two consecutive Sundays.
After the ads are completed, the family will file a PERM application (ETA Form 9089) with DOL.
The DOL identifies the nanny position as “nonprofessional' since the occupation does not require a bachelor's degree.
After approval of the PERM application, the family files an I-140 petition with USCIS.
Can you get a Green Card if you entered illegally?
If you are present illegally, the process becomes more complicated and it may be difficult to obtain a Green Card due to re-entry restrictions.
In this case it will be even more vital to find legal advice.
Thus, we can say that the process of obtaining permanent residency through working as a nanny in the U.S. is long and complex.
But it can be a viable option for those families who wish to keep their caregiver on a permanent basis.
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