Reply to Risks in Employing an Illegal Immigrant As Many

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[quote=Anonymous]I would like to give my two cents on this issue. I run a nanny recruitment service and I have a client going through this exact problem right now. I found this candidate, and was led to believe she was legal to work as per previous employer had her legally working and taking out taxes. However, I assume her visa expired. There was communication issues as well but she had a Driver's License and a Federal Tax ID number. Also, you can run a Federal and County Criminal background check with a full name and an address, and without a SSN. I do not recommend to my clients that they hire illegal nannies, because, from a professional standpoint it is, well...illegal. Also, you cannot have them act as independent contractors because you are providing the "supplies" and you are dictating her schedule, what she does, and how she does it. The IRS qualifies that type of a worker as an Employee.

I will mention that I do know of many families who fell in love with a care provider and only then found out they were not legal and now pay them under the table. It would be difficult to get caught as long as you do not file for the childcare tax benefit and the nanny does not file for Social Security or any other services. Also, as previously mentioned, unless you are a legal figure or plan on running for President or other public office, the chances are slim of being caught. However, it is still illegal and if you knowingly know they are legal, there is no way to wiggle out of charges and claim ignorance.

I understand how difficult it is to find the perfect care provider, as I deal with it every day for different families. If you are able to be patient, the right care provider will come along and if you require her to be legal, she will come along as well. The most important thing is that you trust her and you have a great gut feeling about her care giving skills.

Also, this forum was not created for mean words or extremely judgmental and hurtful comments. People are asking for constructive advice from others who have similar concerns and experiences. Please pay mind to that.[/quote]

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