Hiring a caregiver or domestic worker for your home is a big step—one that comes with important legal responsibilities. One of the most crucial requirements is completing the federal Form I-9, which verifies that your employee is legally authorized to work in the United States.

If you’re new to this process, don’t worry: Clara is here to break it down, step by step, so you can stay compliant and focus on what matters most-caring for your loved one.

What Is Form I-9 and Why Does It Matter?

Form I-9, officially called the Employment Eligibility Verification form, is required by federal law for all employers in the U.S.-including household employers who hire domestic workers like caregivers, nannies, or housekeepers. The purpose of the form is to confirm both the identity and work authorization of every person you hire for wages.

Failing to complete and retain Form I-9 can result in significant fines and penalties, even for private households. It’s not just a formality-it’s a legal must.

Who Needs to Complete Form I-9?

You must complete Form I-9 for any domestic worker you hire on a regular basis and pay directly, such as a caregiver or housekeeper. The only exceptions are:

• Workers who provide services sporadically, irregularly, or intermittently (such as an occasional babysitter).

• Workers employed by a service company or agency (in that case, the agency handles the I-9).

If you hire a caregiver directly, you are responsible for the I-9 process.

Step-by-Step: How the I-9 Process Works

1. Employee Completes Section 1

• When: On or before the first day of employment.

• What: The employee fills out personal information (name, address, date of birth, etc.) and attests to their citizenship or work authorization status.

• Tip: If your caregiver needs help, an interpreter or preparer can assist and must complete Supplement A.

2. Employer Completes Section 2

• When: Within three business days of the employee’s start date.

• What: You, as the employer, review original documents presented by your employee that prove their identity and work authorization. You cannot specify which documents they must provide, but you must examine the originals and record the details on the form.

• Acceptable Documents:

  • List A: Documents that prove both identity and work authorization (e.g., U.S. passport, Permanent Resident Card).

  • OR

  • List B: Documents that prove identity (e.g., driver’s license) AND

  • List C: Documents that prove work authorization (e.g., Social Security card).

3. Retain the Form

• Do not file Form I-9 with the government.

  Instead, keep it in your records for at least three years after the date of hire, or one year after employment ends-whichever is later.

• Be ready to present it if requested by immigration or labor authorities.

Special Considerations for Household Employers

• You are responsible for compliance: Even if you’re hiring just one caregiver, you must complete and retain Form I-9.

• No discrimination: You cannot reject valid documents or ask for more or different documents than required, nor can you discriminate based on citizenship or immigration status.

• Remote verification: In some cases, you may be able to verify documents remotely if authorized by the Department of Homeland Security. Most household employers will need to review documents in person.

• Rehires: If you rehire a former caregiver within three years of the original I-9, you may update the old form instead of completing a new one.

What Happens If You Don’t Comply?

Not completing or improperly handling Form I-9 can result in:

• Civil fines and penalties

• Potential criminal charges for repeated or knowing violations

• Disqualification from certain government programs

It’s a risk not worth taking, especially when the process is straightforward with the right guidance. You can read more about Payroll and Compliance here.

How Clara Makes I-9 Compliance Simple

At Clara, we know that paperwork can be overwhelming, especially when you’re focused on finding the right caregiver for your family. That’s why are here to walk you through the I-9 process step by step, answer your questions, and ensure you have the right forms and instructions.

While federal law requires you (not Clara) to review and verify your caregiver’s documents in person, our team provides support so you can complete the process with confidence. We also help you keep all your employment records organized and secure, so you’re always ready in case of an audit or compliance check. Our team is happy to store your I-9 on your behalf upon request.

Conclusion

Completing Form I-9 for your domestic employee is a critical part of being a responsible and legal household employer. It protects your family, your caregiver, and ensures a smooth, compliant hiring process. If you’re unsure where to start, Clara is here to help—guiding you through every step and taking the stress out of compliance.

Ready to hire a caregiver and want to make sure you’re doing everything by the book? Reach out to Clara today for expert support and peace of mind.