Many household workers in the United States are immigrants. Some work illegally—that is, they are not U.S. citizens and don’t have a green card or other documentation of their legal status. The federal government is cracking down on people who illegally hire undocumented household employees.
All employers, including those who hire most types of household employees, are required to verify that the employee is either a U.S. citizen or national, or a legal alien authorized to work in the United States.
You are not required to verify citizenship when you hire an IC. The government uses the common law right of control test to determine whether a worker is an employee or IC for immigration purposes. (See The Common Law Test for a discussion of the common law test.) A worker who qualifies as an IC for tax purposes will likely be an IC for immigration purposes as well.
Verification is also not required for employees who work in your home on only a sporadic basis —for example, a babysitter you hire now and then who sits for a few hours. Nor is verification necessary for employees of domestic agencies—for example, a housekeeper you hire from an agency where the worker is the agency’s employee and you pay the agency, not the worker directly. Finally, the verification requirements don’t apply to any employees hired before November 7, 1986.
Although you are not required to verify the immigration status of ICs or others coming within these exceptions, it is still illegal for you to hire any worker whom you know to be an illegal alien.
Resources
If you want to help a household worker become legal, see How to Get a Green Card, by Loida Nicolas Lewis and Len T. Madlansacay (Nolo). Also, contact the INS about any federal programs or special visas for nannies or au pairs that are available from time to time.