I-9 Verifications as a Notary Public

There are many things a Notary Public can do with their commission. One of those things is a I9 verification.

An I9 Verification form is issued by the U.S. Citizenship and Immigration Services (USCIS) and is used by employers to verify the identity and employment eligibility of the perspective employee. These forms must be completed with the perspective employee and an authorized representative of said company (that of the employer).

Often times the company will send the form to the perspective employee and tell them to go find a Notary to assist them. However, the I9 form does not require notarization. So, why would the company tell the individual to use a Notary?

The answer is often over analyzed and made significantly more complicated which adds a lot of confusion to the individual and the Notary.

The reason most companies request the use of a Notary Public to act as an Authorized Representative is because the role of the Notary is to serve as an impartial witness to verify the identity of the individual and prevent fraud. They are individuals of integrity and representatives of the state with the oath they took for their commission.

Now, a quick not on actually completing the form as a Notary Public. You can find a PDF copy of the I9 Form here.

Section 1 is the Employee information, which includes name, address, birthdate, social security number, email, and phone number. It also includes an attestation from the perspective employee which states.

“I am aware that federal law provides for imprisonment and/or fines for false statements or use of false documents in connection with the completion of this form. I attest under penalty of perjury, that I am (check one of the following); A citizen of the United States, A noncitizen national of the United States, A lawful permanent resident, an alien authorized to work until (insert date).”

Once the attestation is made and the correct information provided the client will be done with their part.

Section 2 is for the employer or authorized representative. Remember that the Notary Public is acting as the authorized representative NOT a Notary for this document.

The Authorized Representative MUST examine two or more approved documents verifying the identity of the individual/client. Once the Authorized Representative confirms the identification methods to be valid and true, they will complete Section 2 and certify WITH THEIR SIGNATURE. DO NOT NOTARIZE THE DOCUMENT!

The reason you cannot legally notarize the I9 form you are completing for the client is simple, if you stamp the document, you are notarizing your own signature, which is ILLEGAL.

There is also no notarial wording on the document to suggest it would need to be notarized.

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Please remember that I am not a lawyer and cannot provide legal advice.