US Democratic Lawmaker Eric Swalwell Faces Alleged Unauthorized Employment Of Brazilian Nanny

(MENAFN- Live Mint) A formal complaint has been submitted to the US Department of Homeland Security (DHS), alleging potential unauthorized employment of a foreign national in the household of US Congressman Eric Swalwell, candidate for California governor, and his wife, Brittany Watts Swalwell, between January 2023 and February 2025.

Allegation overview

The complaint, filed by documentary researcher Joel Gilbert, centers on Brazilian national Amanda Raissa Barbosa, who entered the United States under a J-1 Exchange Visitor visa as an au pair. According to the submission, Barbosa's authorized work period ended in December 2022 after completing the maximum allowable extension under the program. The complaint alleges that despite the expiration of her visa, Barbosa may have continued working full-time as a live-in childcare provider for the Swalwell family for nearly two additional years.

Visa timeline and employment history

Barbosa initially arrived in the US in late 2020 and began working with the Swalwell household in 2021. Federal Election Commission (FEC) filings show she was paid regularly through Swalwell's campaign during 2022 under childcare-related expenses, totaling nearly $47,000.

However, the complaint notes that no direct payments to Barbosa appear in campaign filings for 2023 and 2024, raising questions about her employment status during that period. Payments reportedly resumed in February 2025, totaling over $40,000 through the remainder of the year-suggesting, according to the complaint, the possibility of renewed or updated work authorization.

Evidence cited in complaint

The submission relies exclusively on publicly available information, including social media posts, FEC filings, and employment-related documentation. It alleges that Barbosa continued residing with the Swalwell family and performing childcare duties throughout 2023 and 2024, supported by photographs showing her participating in family activities and public outings.

Additionally, a March 2022 attempt by Brittany Watts Swalwell to secure a Permanent Employment Certification (PERM) for Barbosa is cited as evidence that the family was aware of the impending visa expiration. That application was reportedly denied, as J-1 au pair visas do not permit direct transition to such employment-based sponsorship.

Student visa questions

The complaint also references Barbosa's enrollment at Northern Virginia Community College in 2023, suggesting she may have transitioned to an F-1 student visa. Under US immigration rules, F-1 visa holders are typically limited to part-time, on-campus employment. The complaint argues that full-time domestic work in a private household would be inconsistent with such restrictions.

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The filing asks Homeland Security Investigations (HSI) to examine whether any violations occurred under federal immigration, labor, or tax laws. Potential areas of concern include employment without valid authorization, failure to comply with employment verification requirements (Form I-9), and possible tax reporting irregularities.

Relevant statutes cited include provisions under the Immigration and Nationality Act related to employing unauthorized workers, as well as federal tax laws governing payroll obligations.

Call for investigation

Gilbert has requested that DHS review internal immigration and employment authorization records-information not publicly accessible-to determine whether Barbosa had valid authorization during the period in question. The complaint emphasizes that its claims are based solely on publicly available data and calls for a formal investigation to establish the facts.

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