Live-In Home Health Aide

Work description

The Employer, Geraldine Levanas, is a private household. She is a 74-year-old U.S. citizen married to Victor Uzan, an 84-year-old lawful permanent resident of the United States and citizen of France. They maintain residences in both the United States and France and travel between them each year. From October through June, they reside at their home located at 4765 Lake Road, Miami, Florida, and from July through September, they reside in France. As explained below, the Employer has a temporary seasonal need for the full-time services of a live-in Home Health Aide during the period when she and her husband are in the United States. The need arose because the Employers husband can no longer live safely and independently without assistance due to his advanced age and medical conditions. He suffers from multiple chronic conditions, including high blood pressure, diabetes, decreased circulation, chronic kidney disease, and atrial fibrillation. He also has mobility limitations that increase his risk of falls and require assistance with walking. Although his needs can be met in a home setting, the Employer cannot provide all necessary care and assistance with daily activities, including personal care, mobility, medication reminders, and household tasks, while also ensuring his safety and well-being. She therefore requires a live-in Home Health Aide while she and her husband are in the United States to help meet his daily needs and provide reliable, consistent care that supports his physical and emotional stability, security, and comfort. In determining whether an alien is coming temporarily to the United States to perform temporary services or labor, the test is whether the need of the petitioner for the duties to be performed is temporary, regardless of whether the underlying job can be described as temporary. Matter of Artee, 18 I&N Dec. 366 (Comm. 1982). It is not the nature of the duties of the position which must be examined to determine the temporary need. It is the nature of the need for the duties to be performed which determines the temporariness of the position. Id. at 367. The Employers need is temporary because the services are tied to a season of the year by an event or pattern that is of a recurring nature. See 8 C.F.R. 214.2(h)(6)(ii)(B)(2); 20 C.F.R. 655.6. Each year, the Employer and her husband reside at their Florida home from October through June and reside in France from July through September. The requested employment is limited to the months when the household is physically located in the United States, and the services of a U.S. based live-in Home Health Aide are needed at their Florida residence. When the Employer and her husband reside in France, his care needs are addressed separately in France, and the Employer does not require the services of a U.S.-based Home Health Aide. The need for the offered position therefore ends when they depart the United States and recurs only when they return to their Florida residence. Accordingly, the requested employment is not intended to fill a permanent or year-round position in the United States, but rather to meet a temporary seasonal need that recurs each year based on their established residence pattern. The period during which the services are not needed is fixed and predictable; it is not unpredictable, subject to change, or a vacation period for any permanent employee.