You are not legally required to include anything in your nanny contract about your nanny’s work status or eligibility to work. You do, however, have other legal requirements.

The Immigration and Nationality Act (INA) requires employers to hire only persons who are legally authorized to work in the United States.  Thus, as an employer, you are obligated to verify the identity and employment eligibility of anyone you hire, including a nanny.  To do so, require your nanny to complete Employment Eligibility Verification Form (I-9). Keep the completed I-9 on file for at least three years or one year after your nanny’s employment ends, whichever is longer.

We suggest addressing work eligibility early in the hiring process, such as when you ask nanny interview questions.

To access an I-9 form click here. For more information regarding work authorization please click here.