A formal complaint has been filed with the U.S. Department of Homeland Security (DHS) alleging the possible unauthorized employment of a foreign national in the household of U.S. Congressman Eric Swalwell, candidate for governor of California, and his wife, Brittany Watts Swalwell, between January 2023 and February 2025.
Summary of allegations
The complaint filed by documentary researcher Joel Gilbertfocuses on Amanda Raissa Barbosa, a Brazilian national who entered the United States on a J-1 Exchange Visitor visa as an au pair. According to the filing, Barbosa’s authorized employment period ended in December 2022 after completing the maximum extension allowed under the program. Despite her visa expiring, Barbosa was able to continue working full-time as a childcare provider for the Swalwell family for nearly two more years, the complaint alleges.
Visa timeline and employment history
Barbosa originally arrived in the U.S. in late 2020 and began working with the Swalwell household in 2021. Federal Election Commission (FEC) filings show she was regularly paid by Swalwell’s campaign through 2022 in childcare expenses totaling nearly $47,000.
But the complaint says no direct payments to Barbose appear on campaign filings for 2023 and 2024, raising questions about her employment status during that period. The payments reportedly resumed in February 2025, totaling over $40,000 by the end of the year — suggesting the possibility of a renewed or updated work permit, according to the complaint.
Evidence provided in the complaint
The filing relies solely on publicly available information, including social media posts, FEC filings and employment-related documentation. They claim that Barbosa continued to live with the Swalwell family and perform childcare duties in 2023 and 2024, supported by photographs of her attending family activities and public outings.
Additionally, Brittany Watts Swalwell’s March 2022 attempt to secure Permanent Employment Certification (PERM) for Barbosa is cited as evidence that the family knew of the visa’s impending expiration. This request was allegedly denied because J-1 au pair visas do not allow direct transition to such employment-based sponsorship.
Student visa issues
The complaint also refers to 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 usually limited to part-time employment in an academic setting. The complaint alleges that full-time domestic work in a private household would run afoul of such restrictions.
Legal and regulatory concerns
The filing asks Homeland Security Investigations (HSI) to investigate whether there have been any violations of federal immigration, labor or tax laws. Potential areas of concern include employment without valid authorization, failure to meet employment verification requirements (Form I-9), and possible tax reporting irregularities.
Relevant cited laws include provisions of the Immigration and Nationality Act regarding the employment of unauthorized workers, as well as federal tax laws governing wage obligations.
Call for investigation
Gilbert asked DHS to review internal immigration and employment authorization records — the information is not publicly available — to determine whether Barbosa had a valid authorization during that period. The complaint emphasizes that its claims are based only on publicly available data and calls for a formal investigation to establish the facts.
