Is it possible to bring Helper to the States

Posted by rgoodwin (331 days ago)

My husband and I are relocating to the United States (we are Canadian citizens currently living and working in HK). Our helper has been with us many years and we would like to continue her employment with us. Is there any way we can do this in the states. I understand the laws there may not be conducive to this. Thanks for any advice!

(I am based in Hong Kong)

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Posted by gdbill (329 days ago)

Generally speaking, you cannot. Before you are allowed to bring in an overseas domestic helper, you'd have to prove that nobody locally is able / willing to do the job. Virtually impossible.

Also, any domestic helper you hire must be paid at least minumum wage and you must not only withhold taxes from her salary, but you also must contribute the employer's portion of applicable taxes such as FICA.

(I am based in Guangzhou)

Posted by kensingtonwheaton (329 days ago)

If you can prove to the visa officer at the Consulate that you are only relocating temporarily to the States, then it is possible. For example, you must have something like a contract or a letter from your company stating that you have only been assigned for a certain number of years (i.e. 1,2,3 etc...) with an end date. If you are relocating permanently, then it will be almost impossible.

Also, you will have to prove that she has been working for you for many years.

But the hardest part is that you must agree to follow US employment laws. That includes paying the minimum wage (for a nanny/housekeepr, not standard minimum wage) in the State that you are moving to, plus social security, federal, state and unemployment taxes. There is also worker's compensation and health insurance. The health insurance is optional, but if she gets sick in the US, that would cost you a fortune.

The other problem is that there is an extremely high chance that your helper will leave you once she is settled. Once she figures out that you are paying only minimum wage (where we were it was $6.50 an hour), she will realize there are so many others who will pay her more for working less hours and performing less work. For example, in the US, they will work for only 8 hours, 5 days a week, unless you pay overtime.

If you still think she is worth it, then give it a try. Good luck!

(I am based in Shanghai)