I-9 Guide for Household Employers
Form I-9 — Employment Eligibility Verification
How to verify employment eligibility for your nanny, housekeeper, or other household employee using USCIS Form I-9.
Complete Within 3 Business Days of Hire
Here is what you need to know about Form I-9:
- Form I-9 is a USCIS form (not IRS) -- it verifies employment eligibility, not tax status
- Every employer in the US must complete I-9 for each employee, including household employers
- The employee chooses which documents to present -- you cannot specify which documents to show
- You must physically examine original documents (no photocopies)
- The form is kept by you (the employer) -- do not file it with any government agency unless requested
Step-by-Step Guide
Give your new employee a blank Form I-9 on or before their first day of work. You can provide it after they accept the job offer, but not before. The employee must complete Section 1 by the end of their first day of employment. Section 1 asks for the employee's name, address, date of birth, citizenship or immigration status, and signature.
Tips
- Download the latest version of Form I-9 from USCIS.gov -- older versions may not be accepted.
- You may help the employee complete Section 1 if they need assistance, but the employee must sign it themselves.
- A preparer/translator can help the employee and must complete the certification block in Section 1.
The employee fills in their personal information: full legal name, other names used, address, date of birth, and Social Security Number (voluntary unless you use E-Verify). They must attest to their citizenship or immigration status by checking one box: U.S. citizen, noncitizen national, lawful permanent resident, or alien authorized to work. The employee signs and dates Section 1.
Tips
- The SSN field is voluntary unless you use E-Verify.
- The employee must check exactly one citizenship/immigration status box.
- If the employee is a lawful permanent resident, they enter their USCIS number or A-Number.
- If authorized to work with an expiration date, that date must be entered.
Within 3 business days of the employee's first day of work, you must physically examine the employee's original identity and employment authorization documents. The employee chooses which documents to present from three lists: one document from List A (which proves both identity and work authorization), OR one from List B (identity) plus one from List C (work authorization).
Tips
- You cannot tell the employee which documents to present -- that is the employee's choice.
- Do not accept expired documents (with limited exceptions for U.S. Passports).
- Documents must appear genuine and relate to the person presenting them.
- You are not expected to be a document expert -- just make a good-faith assessment.
The employee presents documents from one of these combinations. The most common documents for household employees are shown below.
List A — Identity AND Work Authorization (one document)
- U.S. Passport or U.S. Passport Card
- Permanent Resident Card (Form I-551, “Green Card”)
- Employment Authorization Document (Form I-766, EAD)
- Foreign passport with Form I-94 or I-551 stamp
List B — Identity Only
- Driver's license (state-issued)
- State ID card
- School ID with photo
- Voter registration card
- U.S. military card
List C — Work Authorization Only
- Social Security card (unrestricted)
- Birth certificate (U.S.)
- U.S. Citizen ID Card (I-197)
- Native American tribal document
- Employment authorization from DHS
Keep the completed Form I-9 on file for the required retention period. You must retain it for 3 years after the date of hire OR 1 year after the date employment ends, whichever is later. Do not file Form I-9 with any government agency -- keep it with your employment records and produce it only if requested during an audit or inspection.
Tips
- You can store I-9 forms electronically (scanned copies) as long as they can be reproduced on demand.
- Example: If you hire on January 1, 2026 and the employee leaves on March 1, 2027, retain until March 1, 2028 (1 year after termination, which is later than 3 years after hire).
- If audited, you typically have 3 business days to produce I-9 forms.
- Penalties for missing or incorrect I-9 forms range from $252 to $2,507 per form for first offenses.