Hiring a nanny is one of the most personal decisions you and your family will make. Amid the excitement of finding the perfect-for-you caregiver, it’s equally important to ensure that your potential nanny is legally eligible to work in the U.S.—a step that protects both your family and the caregiver. Let’s talk about verifying work authorization, understanding the I-9 form, which documents qualify, and your responsibilities as an employer.
1) Understanding the I-9 Form
The Form I-9, Employment Eligibility Verification, is a document required by the U.S. Citizenship and Immigration Services (USCIS). Every employer, including families hiring household employees like nannies, must complete this form to verify an employee’s identity and legal authorization to work.
As an employer, you must:
- Have your nanny complete Section 1 of the form on their first day of employment.
- Review original identification and work authorization documents (more on these below!) within three business days of the nanny’s start date.
- Complete Section 2, confirming that you have examined the provided documents and that they appear valid.
2) Which Documents Qualify?
Nannies must provide original documents—meaning the physical document rather than a copy, photocopy, photo, etc.—from the approved lists on Form I-9. These fall into three categories:
- List A: Documents that establish both identity and work authorization (e.g., U.S. passport, Permanent Resident Card, or an Employment Authorization Document).
- List B: Documents that establish identity only (e.g., state-issued driver’s license, school ID with a photograph).
- List C: Documents that establish work authorization only (e.g., Social Security card, birth certificate).
Employees can either provide one document from List A or one document from both List B and List C.
3) Why Compliance Is Important
Ensuring your nanny is legally authorized to work is more than just a formality. It protects you from legal and financial consequences.
Failure to comply with I-9 requirements can result in civil and criminal penalties, as outlined by the U.S. Department of Justice. Additionally, employing an unauthorized worker can affect payroll tax filings and lead to legal repercussions.
Proper verification ensures you are hiring responsibly and following U.S. labor laws.
4) What to Do with the Completed I-9
After completing the I-9 form:
- Retain the form: You do not need to submit it to the government, but you must keep it on file for either three years after the hire date or one year after termination, whichever is later.
- Store securely: Keep the form in a safe place, separate from other employee records, in case of an audit.
- Be prepared for audits: If requested by the Department of Homeland Security (DHS), you must present the form within three business days.
Verifying work authorization is an essential part of hiring a nanny. By following these steps, you ensure compliance with U.S. employment laws while protecting yourself and your nanny.