How to Hire a Personal Care Aide with an H-2B Visa

Feb 19

Caring for a loved one during a temporary illness, injury, disability, or hospice care can be overwhelming. When family members cannot provide full-time care, hiring a personal care aide may be necessary. However, finding qualified caregivers can be challenging, especially on a short-term basis.

One potential solution is the H-2B visa program, which allows U.S. employers to hire foreign workers for temporary, non-agricultural jobs—including personal care aides—when no qualified U.S. workers are available. But before moving forward, it's important to understand how the program works and whether it’s the right option for your needs.

What is the H-2B Visa?

The H-2B visa is a temporary work visa designed for non-agricultural jobs, including hospitality, construction, landscaping, and personal care services. Employers can use this visa to hire foreign workers for short-term roles when they can prove there are no qualified U.S. workers available.

For personal care aides, the H-2B visa can only be used in situations where the need is truly temporary. This includes:

✅ Temporary illness or injury requiring short-term in-home assistance.

✅ Temporary disability affecting mobility or daily activities.

✅ Hospice or end-of-life care requiring full-time but temporary help.

Since the H-2B visa is not intended for long-term caregiving, families must prove that their need is temporary and meets strict program guidelines.

Step-by-Step Process to Hire a Personal Care Aide with an H-2B Visa

If you believe the H-2B visa could be a solution for your family's situation, here’s what the process looks like:

Step 1: Determine Eligibility

Before applying, it’s important to confirm that your need qualifies as temporary under the H-2B program. The visa is not for ongoing or permanent care—it must be a one-time occurrence or temporary situation lasting one year or less.

Step 2: Obtain a Temporary Labor Certification

To protect U.S. workers, the U.S. Department of Labor (DOL) requires employers to go through a certification process before hiring foreign workers. This involves:

🔹 Requesting a Prevailing Wage Determination – This ensures the foreign worker is paid fairly and does not undercut U.S. wages.

🔹 Recruiting U.S. Workers – The job must be advertised on state workforce agency job boards, and employers must interview any qualified U.S. applicants.

🔹 Submitting a Temporary Labor Certification Application – Employers must provide documentation showing their recruitment efforts and temporary need.

Once approved, the DOL issues a Temporary Labor Certification, allowing the employer to move forward with the visa process.

Step 3: File an H-2B Petition with USCIS

After receiving labor certification, the employer must file Form I-129 (Petition for a Nonimmigrant Worker) with U.S. Citizenship and Immigration Services (USCIS). This petition formally requests approval to hire a foreign worker under the H-2B visa category.

Step 4: Worker’s Visa Application & Interview

Once USCIS approves the petition, the foreign worker must apply for an H-2B visa at the U.S. embassy or consulate in their home country. They will need to:

🔹 Complete the DS-160 Online Nonimmigrant Visa Application.

🔹 Pay the visa application fee.

🔹 Attend a visa interview, where they must demonstrate their intent to return home after the temporary job ends.

If approved, the worker receives their H-2B visa and can travel to the U.S. to begin work.

Step 5: Arrival & Employment

Once in the U.S., the personal care aide can begin working under the terms of the H-2B visa. Employers must comply with all wage and labor requirements, including:

✅ Paying the prevailing wage determined by the DOL.

✅ Keeping records of employment and ensuring compliance with visa regulations.

✅ Notifying authorities if the employment ends early.

Step 6: End of Employment & Worker’s Return Home

Because the H-2B visa is for temporary needs only, the worker must leave the U.S. when their job ends, unless they qualify for an extension (which is rare and typically granted only for truly one-time occurrences).

Key Considerations for Employers

Before applying for an H-2B visa for a personal care aide, families should keep the following factors in mind:

🕒 Plan Ahead – The H-2B visa process can take several months, so early preparation is essential.

📋 Strict Eligibility Rules – The temporary nature of the job must be well-documented to avoid application denials.

🌍 Visa Availability – The H-2B program has an annual cap of 66,000 visas, so competition is high.

🔄 Not for Permanent Care – This visa cannot be used for long-term caregiving or ongoing elder care.

Is the H-2B Visa Right for Your Personal Care Needs?

The H-2B visa program offers a legal pathway for hiring foreign personal care aides, but it comes with strict rules and a complex application process. If your need is truly temporary and you’re prepared to follow all requirements, this visa may provide a solution for short-term caregiving.