I-9 Form - Employment Eligibility Verification

Many employers often ask prospective remote employees to find a Notary to help complete I-9 forms. Here is some basic information to help California Public Notaries who are asked to deal with an I-9 form.

What is the Form I-9?

Form I-9, also known as the Employment Eligibility Verification form, is a document issued by the U.S. Citizenship and Immigration Services (USCIS). It is used to verify the identity and employment authorization of individuals hired in the United States. The form is to be completed by both the employee and the employer (or authorized representative). As part of the process, the employee must present documents verifying his or her eligibility to work in the U.S., and the employer (or authorized representative) must physically examine these documents.

According to the USCIS Handbook for Employers, employers “may designate someone to fill out Forms I-9 for you, such as a personnel officer, foreman, agent, or anyone else acting on your behalf, such as a notary public.”

For I-9 forms and special instructions, visit the USCIS website.

Do I-9 forms require notarization?

As of 2023, the I-9 form does not include certificate wording and a notary is not asked to affix his or her seal to it, so the answer is NO.

When an employer appoints a Notary Public or another individual to fill out a Form I-9, that person is known as an "authorized representative." The representative's role is to verify that the correct identity documents were presented (as outlined in Section 2 of the I-9 form). The authorized representative must review the employee's identity documents while the employee is in their presence and then complete Section 2. The authorized representative does not perform a notarization or affix a Notary seal to the I-9, since they are not acting as an official Notary Public. In the title field in Section 2, the Notary should write “authorized representative.”

While the form doesn't need to be notarized, if an employer instructs a new employee to take a form to a notary for completion, the notary should ask for a copy of the email to verify the employer's request.

If instructions do not accompany the I-9 form, and the employee is not able to contact the employer, then there is no law prohibiting the Notary from completing the form — as long as it is clear the Notary is acting as an authorized representative, and not as a Notary.

Can a California Notary Public notarize or verify an I-9 form?

California's I-9 rules are unique and must be strictly adhered to. The Form I-9 issued by the USCIS is an immigration document, and in California, only an immigration attorney or a bonded immigration consultant under the Business and Professional Code Section 22440-22449, can perform an I-9 verification. The California Notaries who are not qualified and bonded as immigration consultants cannot complete or make the certification on Form I-9, even in a non-notarial capacity. Any California Notary who is not an immigration consultant violates Government Code Section 8223(c). Unfortunately, HR staff and even some local notary publics don't seem to know about this law in California.

In most states, prospective employees submit documents for verification, and notary publics are listed as potential authorized representatives to sign the prospective employee's form. Please check your state Secretary's website for any updates regarding the I-9 Form within that state.

If you need your I-9 form verified in California, maybe Google search for local immigration consultants or lawyers.