We are US citizens that typically reside overseas. We are back in the USA for 9 months and would like to bring our current nanny with us to the USA. She has a 10 year B1/B2 visa that she obtained 8 years ago from a previous employer. Will she have any issues entering the USA on a B1 visa to be our nanny? What documents should she provide?
According to USCIS, she can enter on a B-1 visa for this purpose, but she needs separate employment authorization. Furthermore, information online suggests that she may also need a specially annotated visa, in which case she may not be able to use her existing visa.
The following types of B-1 business visitors require employment authorization:
• A domestic servant of a U.S. citizen accompanying or following to join his or her U.S. citizen employer who has a permanent home or is stationed in a foreign country, and who is temporarily visiting the United States.
Note: All applicants for a B-1 visa or admission as a B-1 business visitor as a personal or domestic servant described above must demonstrate the following:
• You have a residence abroad in which you have no intention of abandoning
• You have at least 1 year of experience as a personal or domestic servant
• You have been employed abroad by your employer for at least 1 year prior to the employer’s admission into the United States or if you have been employed abroad by the employer for less than 1year, the employer must show that while abroad, he or she has regularly employed a domestic servant in the same capacity as that intended for your employment
Information on employment authorization is available at https://www.uscis.gov/i-765.
Finally, there's a good deal of information online that suggests that a B-1 visa is only valid for this purpose if it is specially annotated. You should at least ask about this at the nearest US consulate. If this is the case then your employee may need to apply for a new visa unless her existing visa bears the same annotation and it is transferable to a different employer. It might be better to engage an immigration lawyer than to risk getting this wrong based on the advice of random strangers on the internet.