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'Green Card' Applications - Foreign Domestic Workers
Lawful permanent residence applications - green cards - now more widely available for live in domestic workers such as nannies, housekeepers and elder care workers.
IMPORTANT UPDATE APRIL 2005: New regulations issued by the US Department of Labor have upgraded the category for live in domestic workers from unskilled to skilled workers. Under the US quota system, this places the foreign applicant in a position where visas are currently available except for applicants from China, India and the Philippines.
To Qualify:
- Applicant must have at least one year of experience as a household domestic worker.
- Applicant must be offered a full-time, permanent position in the US.
- The potential employer must apply for and receive approved Labor Certification from The Department of Labor. (Forms ETA 750 Labor Certification Request and I-140 Petition for Alien Worker)
- The employer must prove that your employment as a live in household worker is a business necessity.
Successful applicants must be paid legally and all payroll and income taxes paid. Provisions exist within the IRS to issue temporary identification number to workers without Social Security Numbers (SSN). Wages and taxes paid using the temporary number can be transferred to the applicant's permanent SSN when the petition has been approved and the 'green card' issued. Failure to report wages and pay taxes can result in a petition denial at the last minute. This is an issue the petition examiners are sensitive too.
HomeWork Solutions recommends that employers interested in sponsoring an applicant for immigration contact an attorney specializing in immigration matters. Our staff specialization does not include providing counsel on visa and immigration matters to potential employers and applicants. Ira Denhoffer, P.C., Attorney at Law handles domestic worker immigrant petitions and welcomes employer and applicant phone calls at 212.239.4215.
US Citizenship and Immigration Services
US Department of State Visa Information
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