Nanny Visa USA (2026): Legal Ways to Hire Foreign Childcare Help

Quick answer: There is no single “nanny visa” in the US. American families usually hire foreign childcare help in one of three legal ways. The first is the J-1 au pair program: a young person aged 18 to 26 lives with the family for up to a year (extendable), works up to 45 hours a week and earns at least $195.75 a week, arranged only through a State Department-designated sponsor. The second is a B-1 domestic employee visa, in narrow cases where the nanny already works for you abroad and travels with you. The third is an EB-3 green card for a live-in childcare worker, which takes years. You can’t legally employ someone who is here on a tourist visa.

This guide compares the options, costs and the rules host families must follow. Last reviewed October 2026.

Nanny visa options compared

Option	Who it fits	Timeline
J-1 au pair	Families wanting live-in childcare for 1 to 2 years	A few months through a sponsor
B-1 domestic employee	A nanny already employed by you abroad, or by a foreign national coming to the US	Visa interview only, but strict conditions
EB-3 “other worker” green card	Families wanting a permanent live-in nanny	Several years (PERM, I-140, visa backlog)
Someone already authorized to work	Green card holders, citizens, or people with a work permit (EAD)	Immediate

The J-1 au pair program

• Age: 18 to 26, with secondary school completed and good English.
• Hours: no more than 10 a day and 45 a week.
• Pay: at least $195.75 a week (2026 State Department minimum). Sponsors can require more, and some states require higher pay.
• Education: the family contributes up to $500 toward the au pair’s required coursework.
• Housing: a private bedroom and meals, one full weekend off a month and two weeks of paid vacation.
• Length: 12 months, with optional extensions of 6, 9 or 12 months.
• How to start: only through a designated sponsor agency. Families can’t sponsor an au pair privately. See the State Department au pair page.

The B-1 domestic employee route

A B-1 visa can sometimes be issued to a personal or domestic employee who:

• travels with, or joins, a US citizen employer who normally lives abroad and is visiting or temporarily assigned to the US, or
• works for a foreign national coming to the US on a nonimmigrant visa (such as H, L, E or O), and has usually worked for them for at least a year.

It requires a written contract with fair pay (at least the federal, state or local minimum wage, whichever is highest), free room and board, and specific worker protections. It doesn’t let you hire a new nanny who has never worked for you.

The EB-3 green card route

• The family files PERM labor certification, proving no qualified US worker is available, then Form I-140.
• Live-in childcare usually falls under EB-3 “other workers”, which has a long wait in the Visa Bulletin.
• Expect several years from start to green card. See how to get a green card.

Tax and legal duties for families

• If you pay a nanny above the IRS household employee threshold, you may owe Social Security and Medicare taxes (“nanny tax”) and need to file Schedule H.
• Complete Form I-9 to verify every employee’s work authorization.
• Follow state minimum wage, overtime and paid leave rules.
• Hiring someone without work authorization can lead to fines, and it puts the worker’s immigration future at risk.

FAQ

Can I sponsor a nanny from another country directly?

Not for a temporary visa, except through the au pair program or the limited B-1 domestic employee route. For permanent sponsorship, use EB-3.

Can a grandparent come to babysit?

A visiting relative on a tourist visa can help informally with family, but can’t be employed or paid as a nanny.

Can an au pair stay longer than two years?

No. The maximum is 12 months plus one extension of up to 12 months.

Is H-2B an option for nannies?

Rarely. H-2B is for seasonal or temporary needs, and ongoing childcare doesn’t usually qualify.