How to Check Your Nanny’s Immigration Status

Immigration laws are complex, and many parents hire babysitters who are not legally authorized to work in the United States. The consequences of hiring an undocumented immigrant can be severe. First, the parents can be found. Second, US Immigration Customs and Enforcement can arrest and deport a nanny back to her home country. To avoid these negative consequences, follow the simple steps in this article.

First, check your babysitter’s immigration status on or before their first day of work. To do so, have them complete Form I-9, US Citizenship and Immigration Services Employment Eligibility Verification.

The I-9 form is simple. In the first section, the nanny must provide her name, address, date of birth, and Social Security number. The nanny must also indicate her immigration status and sign and date the document. In the second section, the parents indicate the nanny’s immigration documents and certify that she is authorized to work in the United States. The final page of Form I-9 lists the documents that are acceptable proof of employment authorization.

Nannies can be legally authorized to work in a variety of ways. For example, all US citizens are authorized to work, regardless of how they obtained their citizenship. Keep in mind that a driver’s license can establish a nanny’s identity but not her citizenship. To establish citizenship, you need the nanny to provide a birth certificate in addition to a driver’s license or other acceptable document listed on the Form I-9.

Nannies who are permanent residents are also authorized to work in the United States. If your nanny is a permanent resident, she must show you a card with the words “Permanent Resident” or “Registered Alien” near the top.

A foreign-born nanny can also work in the US if she obtains a work authorization card. A work authorization card is officially called an Employment Authorization Document, or EAD for short. Allows a nanny to work in the US for a temporary period.

When hiring a nanny, remember that it is illegal to discriminate against a job applicant based on that person’s national origin or citizenship status. For example, you cannot discriminate against a potential babysitter simply because she is a permanent resident and not yet a US citizen. However, you should not hire someone who refuses to give you the documents required by Form I-9. Lastly, remember to keep the nanny’s completed Form I-9 in her file, in case she is ever audited by the government.

If you are unsure whether you can hire a particular job applicant, contact an immigration attorney in your state. Tell the attorney that you are a parent hiring a nanny and need help with employment verification. Alternatively, contact US Citizenship and Immigration Services and ask for help.

Checking your nanny’s immigration status pays off in the long run. Your nanny will respect you for following the law and you’ll sleep comfortably at night knowing you won’t be fined or lose your nanny due to immigration issues.