Is nanny work in a family home valid for PERM?

When it comes to the PERM process, which is an essential step in obtaining an EB-3 visa, it is crucial to ensure that the job offer complies with all legal and regulatory requirements established by the United States Department of Labor. This step aims to demonstrate that there are no qualified American workers available for the offered position, and that hiring the foreign worker will not negatively affect wages and working conditions in the U.S. labor market.

In the specific case of the nanny role in a family home, the situation tends to be more complex. Although, in principle, many occupations can undergo the PERM process, jobs performed in private residential settings-such as that of a nanny-present additional challenges. This occurs because these positions may have informal characteristics or may not follow the structured employment standards that apply to larger companies and organizations.

For example, it can be complicated to demonstrate that the job offer meets the prevailing wage requirements and other necessary conditions for the certification process, as terms and compensation often vary and may not align with the parameters defined by the Department of Labor. It is also important to consider that, to file a PERM application, the employer must prove that the position is a permanent need and that adequate labor market research has been conducted, according to applicable rules.

In many situations, domestic jobs, such as a nanny position, may be interpreted by the DOL as roles that do not meet these criteria due to their private and often personalized nature. However, each case may present particularities, and there are specific situations where, if carefully documented and structured, even a job offer in this sector can be analyzed under the PERM framework.

We emphasize the importance of strictly following United States immigration laws and keeping all documentation up to date and in compliance with official guidelines. In matters like these, where the line between different legal interpretations can be thin, it is recommended to seek guidance from specialized professionals or companies to analyze each situation individually and in detail. This way, one avoids falling for unfounded promises or misleading marketing campaigns that can lead to losses or non-compliant proceedings with the current legislation.

Remember: staying informed and acting according to the law is the first step toward a successful application in any immigration process.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.