US Visa Approved - Malescu Law

H2B Visa for Nanny Approved

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:

  • The short-term need for a full-time nanny for three years, including past and future childcare arrangements.
  • The specific requested end date for the need.
  • How one nanny and the job opportunity reflected a temporary three-year need.

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:

  • Clearly Defined One-Time Occurrence: The family had a distinct, short-term need for childcare support driven by the child’s medical condition and overlapping personal and professional obligations.
  • Demonstrated Uniqueness: We proved this was a unique situation unlikely to recur, supported by credible documentation and a compelling narrative.

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:

  • They have not employed workers for this service in the past and will not need them in the future.
  • They have an otherwise permanent employment situation, but a temporary event of short duration has created a need for a temporary worker.

Examples of approved H-2B visas for “one-time occurrence” include:

  • A production manager for a new technology whose duties involved setting up and training personnel, not ongoing management.
  • An artisan granted H-2B status to engrave and install religious artifacts in a temple under construction.
  • Electricians fulfilling a petitioner’s specific contractual obligation.
  • Nanny for child with medical condition and parents overlapping personal and professional obligations.

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

 

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