Employing a Foreign Caregiver in the USA
Many individuals find themselves in need of a caregiver, whether for themselves, their children, a parent, or a disabled family member. With more families having both parents working, managing childcare has become increasingly challenging. Additionally, AARP has highlighted an impending shortage of family caregivers in the U.S., as a significant portion of the population is aging. Although there isn’t a specific visa designated for caregivers in the U.S., and the processing times can be lengthy, there are a few available options to consider.
AARP reports that “the supply of family caregivers is unlikely to keep pace with future demand,” with the ratio of caregivers aged 45-64 to those in the “high-risk years of 80-plus” projected to drop to 4 to 1 by 2030. Consequently, more people are expected to require institutional care rather than being cared for by family members.
If you’re thinking about hiring a caregiver from outside the United States, there are a few ways to sponsor one. Each visa option has its own set of pros and cons, but understanding the requirements will help you determine which option is best suited for you and your family’s needs.
Below are two common visas used to sponsor a caregiver in the U.S.:
H-2B Visa for Caregivers
The H-2B visa provides a pathway for families to sponsor a specific caregiver directly, though the process can be more intricate. According to the USCIS, this visa permits individual employers to hire foreign nationals for temporary non-agricultural jobs. For a family to sponsor a caregiver under the H-2B program, they must demonstrate that there are not enough U.S. workers available to perform the work and that hiring a foreign caregiver will not adversely affect the wages and working conditions of similarly employed U.S. workers. Additionally, the family must establish that their need for the caregiver’s services or labor is temporary. They are also required to obtain a valid temporary labor certification from the U.S. Department of Labor (DOL).
The USCIS outlines three major steps in the process of hiring a caregiver through the H-2B visa program:
- Obtain a Temporary Labor Certification from the Department of Labor (DOL): The employer (in this case, the family) must first apply for and receive a temporary labor certification from the DOL. This certification confirms that there are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work, and that hiring a foreign worker will not negatively impact the wages and working conditions of similarly employed U.S. workers.
- Submit Form I-129, Petition for a Non-immigrant Worker: After receiving the labor certification, the employer must file Form I-129 with the USCIS to petition for the H-2B visa. This petition includes details about the job, the temporary nature of the employment, and the foreign worker being sponsored.
- Worker Applies for the H-2B Visa and Enters the U.S.: Once the petition is approved, the prospective caregiver can apply for the H-2B visa at a U.S. embassy or consulate in their home country. If the visa is granted, they may then travel to the U.S. to begin employment.
These steps are essential to ensure compliance with U.S. immigration laws and to successfully bring a foreign caregiver to the United States under the H-2B visa program.
Hiring a Caregiver for a Green Card
PERM Labor Certification
To sponsor a caregiver for a green card in the United States, an employer must start by advertising the position at the “prevailing wage,” as determined by the U.S. Department of Labor (DOL). The DOL sets this wage to ensure that the job offer meets the standard pay rate for that type of work in the region.
The next step involves the employer submitting a PERM (Program Electronic Review Management) application to the DOL. The employer must prove that no minimally qualified American workers applied for the position during the recruitment process. If this is successfully demonstrated, the DOL will approve the PERM application. The entire process typically takes about 6-8 months.
I-140 Visa Petition
After the PERM application is approved, the employer must file a visa petition with the U.S. Citizenship and Immigration Services (USCIS). In this petition, the employer must demonstrate two key things: that they have the financial ability to pay the required wage to the caregiver and that the caregiver possesses the necessary experience and qualifications to fulfill the job duties.
While it may take several months for the government to process and decide on the petition, the employer has the option to expedite the process. By paying a $1,410 premium processing fee to the USCIS, the agency is obligated to make a decision within 15 working days.
Green Card Interview
After the visa petition is approved, the caregiver will receive a letter from the State Department’s National Visa Center (NVC). This letter will include a list of documents that need to be submitted to the government, as well as an invoice for the required filing fees. The caregiver, along with their spouse and children, will be scheduled for a green card interview, which typically takes place at the U.S. Embassy or Consulate in their home country.
Before the interview, the caregiver and their family members will undergo medical examinations and fingerprinting. The officer at the Embassy is responsible for ensuring that the caregiver and their family are “admissible” to the United States.
Once the caregiver’s immigrant visa is approved, they can travel to the United States and start working.
EB-3 Visa for Caregivers
The EB-3 (Other Worker) visa is a permanent U.S. visa that allows caregivers to live and work in the United States indefinitely.
This visa does not require caregivers to have specific skills, credentials, or prior experience to be eligible. However, caregivers must be physically healthy and capable of performing the job duties. While prior care-giving experience is not necessary, having it can be advantageous for their career.
The purpose of the EB-3 visa is to address labor shortages in the U.S., including the need for caregivers. The main requirements for the EB-3 Other Worker Visa are that the caregiver must be physically capable of handling a permanent job in the U.S.
Taxes and Withholding
When you have a live-in caregiver in your house, you’re officially an employer. If your new employee wants you to withhold income tax, you can, but it’s not mandatory. You must take out Social Security and Medicare if you pay him — as of 2014 — $1,900 or more. The total tax is 15.3 percent of wages, with you and your employee each paying half the amount. You may also have to take out for unemployment insurance. IRS Publication 926 provides full instructions for household employers.
If your live-in caregiver is watching over a child under 13, or a spouse or dependent who can’t care for herself, you may qualify for a tax credit. The Child and Dependent Care credit is available if you need the caregiver’s services to work or job-hunt. If you’re married, both you and your spouse must need the service for those reasons. The largest possible credit is based on up to $3,000 worth of expenses if the caregiver watches one person or up to $6,000 for two or more. You multiply this dollar amount by a certain percentage based on our own income — between 20 and 35 percent — to calculate the actual credit.
