I'd like to travel to the US for a few months while on ESTA. While I know that I'm not allowed to work myself it's not clear to me whether I'm allowed to hire someone to work for me? I'm interested in employing a temporary nanny where we will travel so this isn't about bringing a nanny in.

  • Are you bringing someone who already works for you as a nanny abroad into the US to continue working for you as a nanny when you visit the US? Or are you looking for someone from the US to work as a nanny while you are there? – user102008 Nov 24 '17 at 16:10

Maybe the answer becomes trivial once the question is re-phrased slightly. "Can I hire the services of a Nanny while travelling but without permamnent residence?" Yes, you can. Temporary Nannies are either self-employed or will come from an agency. The only thing you need to make sure is that have a proper contract and proof of payment. If you choose to make a more private arrangement the situation is trickier. You could easily get into an insurance and employment law nightmare. I ruled out the idea of actually acting as an employer from the start. As a comment pointed out this is far too complicated for a short term (a few months?). And other options are clearly illegal.

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    Thanks! That seems right to me. Do you think it would be different if I acted as the employer? (Say our preferred nanny doesn't come through an agency and doesn't want to be self-employed.) – SusanBlackmore13 Nov 24 '17 at 11:32
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    You would have to pay social security and medicare for her, etc. That means a lot of involvement with US taxes and laws, getting an employer #, etc. Just handing over cash and forget about it is illegal as in most other countries (although it is a very common thing) – Aganju Nov 24 '17 at 14:29
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    Some info here irs.gov/taxtopics/tc756 – mkennedy Nov 24 '17 at 15:48

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