Au Pair Visa – do they need one?

Thinking about hiring an au pair but don't know anything about visas? No problem!

What is a J-1 Visa?

Begun in 1948, the J-1 non-immigrant visa category was created to promote educational and cultural exchange activities between the United States and other countries. It is overseen by the State Department. It was designed to expose foreign visitors to the United States, its people, cultures, business techniques and educational institutions. It has been an extremely successful program.

Is an au pair a J-1 visa exchange visitor?

An au pair is classified as a J-1 visa exchange visitor. As defined by the Immigration and Nationality Act (INA), the J-1 exchange visitor is an alien having a residence abroad, which he/she has no intention of abandoning, who is a bona fide student, scholar, trainee, teacher, professor, research assistant, specialist, or leader in a field of specialized knowledge; who is coming temporarily to the United States as a participant in a program designated by the State Department for the purpose of teaching, instructing, lecturing, studying, observing, conducting research, consulting, demonstrating special skills, or receiving training.

 
Au Pair
About au pairs and the J-1 visa visitor status

Of all the exchange visitor programs, the au pair program is one of the most closely monitored. The J-1 visa program allows the entry of young men and women between the ages of 18 and 26, who are coming to perform childcare services for a United States host family, to stay for one to two years, while attending a post-secondary school. The aupair must have a functional grasp of the English language and be a high-school graduate.

Today, prospective au pairs are screened extensively. This screening usually includes a background check and criminal check, as well as physical and psychological exam. Appropriately, the screening for the host family is almost as exacting. The final extent of the screening process is determined by the agency you work through.

Host families are required to pay the au pair at least the minimum wage and cannot require her to work more than 45 hours a week (10 hours a day). The aupair must also be provided a private bedroom in the home. Additionally an au pair cannot be placed in the following situations:

Caring for a child under three months of age (unless a parent is home)

  • In a family with children under two years of age (unless the aupair has over 200 hours of prior infant care experience)
  • The agency or program sponsor must provide the au pair with at least eight hours of child safety instruction and at least 24 hours of child development instruction

A comprehensive and informative site for additional information about J-1 visas for au pairs is the United States Immigration site. If you are working through a full service agency, they will handle this side of the process for you. But if you have questions, they can provide you with all of the information you will need.

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