I am a B1/B2 visa holder, currently in US with a permit to expire in two weeks time. Theres a couple interested to petition me as nanny, what is the best thing for me to do to be legible for their petition? Stay in US or go back to Philippines?
H-2B visa. If you already know the nanny you want to hire, the temporary, H-2B nonimmigrant visa is the best bet. It doesn't come with a requirement that the family go through a DOS sponsor. Rather, the family sponsors the H-2B nanny on its own.
Sponsoring an H-2B nanny is a multistep process.
First, the family must obtain an Employer Identification Number (EIN) from the IRS, to give to the DOL and USCIS on the H-2B applications. This process is not particularly difficult or costly, but plan ahead: It can take a few weeks to obtain the EIN. IRS Publication 926 provides helpful explanations on doing so.
Second, the family (as the nanny’s employer) must file an ETA Form 9142, Application for Temporary Employment Certification, with the U.S. Department of Labor (DOL).
Third, after the DOL approves the temporary employment certification, the family files an I-129 petition with U.S. Citizenship and Immigration Services (USCIS).
Fourth, after USCIS approves the I-129, it sends the approval to the U.S. consulate in the nanny’s home country and the nanny obtains the H-2B visa from the consulate. Or, if the nanny is already lawfully in the U.S., a change of status, in which you file all paperwork directly with USCIS, may be possible.
There are disadvantages to obtaining an H-2B visa for a nanny. For one, there is an annual limit of 66,000 H-2B visas. Sometimes this limit is reached very quickly, at which point no more visas are issued for the rest of that fiscal year. Therefore, if the H-2B process is delayed or you start late in the fiscal year, there may not be a visa available for the nanny even if USCIS approves the I-129 petition.
Second, if you terminate the nanny’s employment before the agreed-upon end date, you must pay the costs of the nanny’s return trip to her home country. The employer-family is responsible for these costs regardless of the reason for the early termination. (However, if the nanny voluntarily leaves her employment early, the family is not responsible for these costs.)