New caregiver hiring paperwork, from offer to first shift
By Scott McKenzie, founder of Home Care Agency Blueprint · Updated
Once you decide to hire, a few federal steps apply to every new employee: Form I-9 to verify identity and work authorization, Form W-4 for tax withholding, and a report to your state’s new hire program. Before that, confirm the caregiver is an employee and not a contractor. Your state adds its own caregiver steps, such as registry listings or training before client contact.
The steps, in plain terms
- Confirm the caregiver will be an employee, using the IRS guidance and your state’s rules.
- Make a written offer, conditional on any checks that are still pending.
- Complete Form I-9 with the new employee and examine their documents.
- Collect Form W-4 for federal income tax withholding, plus any state withholding form.
- Report the new hire to the state where they work.
- Complete any registry, training or orientation step your state requires before the first shift.
Employee or contractor
Under the IRS common-law rules, what matters is whether you have the right to control what will be done and how it will be done. The IRS sorts the evidence into behavioral control, financial control and the relationship of the parties. States apply their own tests for wage, unemployment and workers’ compensation purposes, so check with your state labor agency too.
Form I-9
All U.S. employers must properly complete Form I-9 for every individual they hire for employment in the United States, citizens and non-citizens alike. The employee attests to their work authorization and presents acceptable documents. You examine the documents to see whether they reasonably appear to be genuine and relate to the employee, and record the document information.
Form W-4
New employees complete Form W-4 so you can withhold the correct federal income tax from their pay. Your state may have its own withholding form.
New hire reporting
Employers must report new hires to the state where the employee works, and the state forwards the information to the National Directory of New Hires. Some states require additional data, so check your state’s reporting requirements. Employers with employees in more than one state have a multistate option.
Wage and overtime rules are changing
A U.S. Department of Labor rule from 2013 bars third-party employers such as home care agencies from claiming the companionship services and live-in exemptions from federal minimum wage and overtime pay. In July 2025 the department proposed rescinding that rule, and its Wage and Hour Division has suspended enforcement of it while the rulemaking continues. The suspension does not change the rule itself: until a final rule takes effect, the 2013 rule remains in the federal regulations, and in April 2026 a federal appeals court (the Sixth Circuit) upheld it. State wage laws still apply and may require more. Check the current federal status and your state’s rules, ideally with an employment lawyer or payroll provider, before you set pay and overtime practices.
We do not publish pay rates or wage figures.
Before the first shift
In some states, an agency cannot send a caregiver to a client until state steps are complete, such as a registry listing, a cleared background check or required training. The steps differ by state and license type; check with your state licensing agency. This site does not cover caregiver training requirements.
Your state sets the details. Federal rules set a floor for recruiting, background checks and hiring paperwork. States and cities can add their own rules, such as caregiver background checks, registry listings, training before client contact, limits on how criminal history is used, and wage rules. Check with your state licensing agency and state labor agency. For licensing items, homecarelicenseguide.com, also published by Home Care Agency Blueprint, collects each state’s sources.
What to do next
Frequently asked questions
Can a caregiver start before the background check comes back?
It depends on your state. Some states require certain checks or registry listings before a caregiver has client contact. Check with your state licensing agency, and make offers conditional on the checks you run.
Do I complete Form I-9 for a U.S. citizen?
Yes. USCIS says all U.S. employers must complete Form I-9 for every individual they hire for employment in the United States, including citizens.
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