Tuesday, April 9, 2019

How to check your nanny's immigration status

Immigration laws are complex and many nannies employed by parents are not legally entitled to work in the United States. The consequences of hiring undocumented immigrants can be severe. First, parents may be fined. Second, US immigration customs and law enforcement agencies may arrest and expel a nanny to his or her home country. To avoid these negative consequences, follow the simple steps in this article.

First, check your nanny's immigration status on or before the first day of his or her work. To do so, ask him or her to fill out the US Citizenship and Immigration Services Form I-9, Employment Eligibility Certificate.

The I-9 form is very simple. In the first part, the nanny must provide his or her name, address, date of birth and social security number. The nanny must also indicate his or her immigration status and sign and date the document. In the second part, the parents will point out the nanny's immigration documents and prove that he or she has the right to work in the United States. The last page of Form I-9 lists the documents for an acceptable employment authorization certificate.

Nannies may be legally authorized to work in a variety of ways. For example, all American citizens have the right to work regardless of how they obtain citizenship. Please note that a driver's license can determine the identity of a nanny, but cannot determine its citizenship. To establish citizenship, you will need a nanny to provide a birth certificate in addition to your driver's license or other acceptable documents listed in Table I-9.

The nanny of the permanent resident is also authorized to work in the United States. If your nanny is a permanent resident, he or she should show you a card with the words "permanent resident" or "registered foreigner" nearby.

Foreign-born nannies can also work in the United States by obtaining a work permit card. The work permit card is officially referred to as the Employment Authorization Document, or EAD. It allows the babysitter to work in the United States for a while.

When hiring a babysitter, keep in mind that discriminating job seekers is illegal because of their nationality or citizenship. For example, you cannot discriminate against a potential nanny simply because he or she is a permanent resident rather than a full US citizen. However, you should not hire someone to refuse to provide you with the documents required by the I-9 form. Finally, please remember to save the completed I-9 form in your file in case you accept the government audit.

If you are not sure if you can hire a specific job seeker, please contact your immigration attorney in your state. Tell the lawyer that you are the parent of the nanny and you need help with employment verification. Or, contact the US Citizenship and Immigration Services and ask for help.

In the long run, it is worth checking your nanny's immigration status. Your nanny will respect your compliance with the law, you will sleep comfortably at night, knowing that you will not be fined or lose your nanny due to immigration issues.




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