How to Hire Employees from the Philippines

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Hire Childcare Workers from the Philippines: A Guide

Looking to hire childcare workers from the Philippines? You’re not alone. Many U.S. childcare owners face a chronic staffing shortage and explore international hiring as part of the solution. However, the legal process is complex, the agencies have changed names recently, and the visa options have real limits. This article provides a high-level overview of how it works, what’s possible, and what’s not.

One important note up front: immigration law is technical and changes often. Use this article as a starting point — then work with an experienced immigration attorney before you commit time and money to a hire.

Can U.S. Employers Directly Hire Filipino Childcare Workers?

The short answer is no. U.S. employers cannot directly hire workers from the Philippines without going through formal channels. Filipino citizens must complete a formal visa application process to legally work in the United States.

In addition, the Philippine government regulates how its citizens are recruited for overseas employment. As a result, you’ll typically work with both U.S. immigration authorities and a licensed Philippine recruitment agency.

How Philippine Recruitment Agencies Help

Licensed Philippine recruitment agencies work with individuals seeking U.S. employment. They handle job postings, candidate interviews, background checks, and training. They also help job seekers obtain proper work documentation.

Once a worker receives U.S. approval to work, the Philippines’ Migrant Workers Office (MWO) monitors their employment. MWO replaced the former Philippine Overseas Labor Office (POLO) when the Philippine Department of Migrant Workers was created in 2022 under Republic Act 11641. MWO maintains regional offices across the United States.

The Hiring Process to Hire Childcare Workers from the Philippines

To legally hire childcare workers from the Philippines, expect to complete four broad steps:

Step 1: Employer Accreditation

First, MWO conducts on-site verification at your childcare business. After verification, they issue a certificate that’s typically valid for several years. This certifies that you are a legitimate employer in good standing.

Step 2: Recruitment and Contract Review

Next, you (often through a Philippine recruitment agency) interview candidates and sign employment contracts. MWO and the Department of Migrant Workers — which absorbed the former Philippine Overseas Employment Agency (POEA) — review these contracts. They make sure all employment terms meet Philippine labor protections.

Step 3: U.S. Visa Petition

Meanwhile, you (the U.S. employer) file the appropriate visa petition with U.S. Citizenship and Immigration Services. The petition you file depends on which visa category applies (see below).

Step 4: Exit Clearance and Deployment

Finally, after the U.S. visa is approved and Philippine documents are in order, DMW issues an exit clearance. The worker can then enter the United States to begin employment.

Required Documents for U.S. Employers

When you hire childcare workers from the Philippines, you’ll typically need to provide:

  • A recruitment agreement between you and your Philippine recruitment agency
  • A job order listing the positions and number of workers needed
  • A copy of your valid commercial registration and business license
  • A master employment contract that includes:
    • Medical insurance
    • Repatriation terms
    • Termination causes
    • Free transportation from the Philippines to the work site

For more on building solid employment frameworks, see our guide to creating a comprehensive employee handbook.

Common Visa Types — And Their Real-World Limits for Childcare

Three visa categories come up most often. However, each one comes with significant caveats for childcare positions specifically.

H-1B Visa

The H-1B is a non-immigrant specialty-occupation visa. It allows U.S. employers to sponsor foreign workers in jobs that require a U.S. bachelor’s degree (or equivalent) in a specific field. The visa permits an initial three-year stay, extendable up to six years.

Important caveat for childcare: H-1B requires the position itself to qualify as a “specialty occupation.” Most childcare worker, teacher’s assistant, and aide roles do not meet this bar. A licensed director or curriculum specialist with a specific bachelor’s degree requirement may qualify. In addition, the H-1B program is capped each year and uses a lottery system. As a result, even qualified petitions can fail. See the USCIS H-1B page for current details.

J-1 Visa

The J-1 is an exchange visitor visa for teachers, research scholars, au pairs, and other approved program participants. The U.S. Department of State J-1 program publishes the full list of eligible categories.

The most relevant J-1 paths for childcare are typically the Au Pair program (for in-home childcare) and the Teacher category. The Teacher category requires:

  • At least two years of full-time teaching experience
  • A degree equivalent to a U.S. bachelor’s in education or the subject taught
  • Current employment as a teacher in the home country
  • Compliance with the requirements of your state

J-1 is generally a better fit than H-1B for most early childhood teaching roles. However, the Au Pair program specifically serves families — not childcare centers.

L-1 Visa (L-1A and L-1B)

The L-1 visa allows U.S. employers to transfer executives, managers, or specialized-knowledge employees from a related foreign office. Important caveat: the worker must have been employed by a qualifying foreign affiliate (a parent, branch, or subsidiary) for at least one continuous year in the past three. As a result, L-1 isn’t a practical option unless you already operate a related entity in the Philippines. If you’re considering setting one up, talk to your accountant about the implications for your business structure.

Which Visa Works Best?

For most U.S. childcare businesses, the J-1 (Teacher category) is often the most viable path — especially for qualified early childhood educators. H-1B can work for senior roles that genuinely require a bachelor’s degree in a specific field. L-1 is realistic only if you already have, or are willing to establish, a related Philippine entity.

None of these is a fast or easy hire. Plan for months of processing, attorney fees, and ongoing compliance. As a result, many childcare owners also consider domestic alternatives — including outsourced HR services and improved retention strategies. For domestic retention ideas, see our guide to keeping happy staff and reducing turnover.

Where to Get More Information

For official guidance, start with these sources:

  • USCIS — for U.S. visa petitions and employer requirements: uscis.gov
  • Philippine Department of Migrant Workers (DMW) — the agency that absorbed POEA and oversees MWO: dmw.gov.ph
  • U.S. Department of State J-1 program: j1visa.state.gov
  • SHRM — for general guidance on sponsoring foreign workers: SHRM Global HR

For current Migrant Workers Office (MWO) regional contact information in the U.S., check the DMW website — addresses and phone numbers were updated when the agency restructured.

Partner with Honest Buck Accounting

Hiring across borders is one of the most complex moves an Early Childhood Education business can make. Honest Buck Accounting helps you build the strong financial foundation that makes those bigger decisions possible — and helps you weigh them against more straightforward growth paths. Reach out to our team today to learn more about our professional accounting services.


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