It is that time of year when families want to travel to warm places like Florida, Arizona and California, in order to get away from the Canadian winter. Often times families want to bring along their nanny or live-in caregiver in order to provide them with a vacation and in order to help out with the kids. The United States, however, has very strict rules on who can work within its borders and for how long and under which circumstances etc. This includes nannies and live-in caregivers even though they are working for a Canadian employer while visiting the United States.
Indeed, a nanny or live-in caregiver must apply in advance for a B-1/2 visa in order to work in the United States on behalf of their Canadian employer. In order to apply for a B-1/2 visa an employee must have been employed by their immediate employer for at least one year prior to the application. Further, the employer must pay the round-trip travel expenses from Canada to the United States for their nanny or live-in caregiver and must pay them pursuant to the employment contract without any deductions being made for the trip itself.
Finally, if the nanny or live-in caregiver is not a Canadian citizen, then one must also consider Canadian immigration laws governing the travel of that non-citizen. Indeed, Canadian immigration law governs the admissibility of non-citizens and one must make sure that they will be re-admitted to Canada upon their return from vacation.
In order to make sure you can enjoy a hassle free vacation take the time to speak with an immigration lawyer before booking your trip to the United States.
