Employers in the United States must use Form I-9 to confirm the identification and legal right to work in the country of any new hires. A notary public is a person authorized by the state to perform certain legal formalities, such as witnessing the signing of documents. While the I 9 form notary does not require a notary’s signature or stamp, some employers may choose to have the form notarized as an additional measure of verification. Notarizing the form does not fulfill any legal requirement or alter the responsibilities of the employer or employee under the I-9 process. However, in some cases, an employer may choose to have an authorized representative, including a notary public, complete and sign Section 2 of the I-9 form on behalf of the employer. The appropriate official must examine the employee’s original documents and complete the form accordingly. The authorized representative must also provide their own signature and contact information in the appropriate fields. It’s important to note that not all employers or situations require a notary public for the I9 process.
Does a notary public have to sign the I-9 form?
There is no need to get the I 9 form notarized. The I 9 form is used to confirm the eligibility to work in the United States and the identification of new hires. The employee and employer must complete the form, but there is no requirement for a notary public to be involved in the process.
However, in some cases, an employer may choose to have an authorized representative, including a notary public, complete and sign Section 2 of the I9 form on behalf of the employer. This can be done in situations where the employer is not able to physically inspect the employee’s original documents due to being in a remote location, for example. In such cases, the accredited agent must complete the form and examine the employee’s original documents accordingly.
It’s important to note that notarizing the I-9 form does not fulfill any legal requirement or alter the responsibilities of the employer or employee under the I-9 process.
What procedures should be followed when requesting an I-9 Form by a notary public?
If a notary public is asked to handle I-9 forms requests, they should be aware of the following guidelines:
- Notaries should not complete Section 1 of the I-9 form. This section must be completed by the employee themselves.
- Notaries can complete Section 2 of the I-9 form as authorized representative of the employer if the employer has designated the notary as such. The notary must physically examine the employee’s original documents and complete the form accordingly.
- Notaries should not provide legal advice or act as immigration consultant. The notary should only complete the I-9 form as an authorized representative of the employer.
- Notaries should ensure that they are properly identifying the employee by examining valid, unexpired identification documents. The notary should also ensure that the documents provided are on the I-9 form’s List of Acceptable Documents.
- Within three business days of the employee’s start date, the notary should fill up Section 2 of Form I 9.They should also ensure that they complete the form accurately and sign and date it as the authorized representative of the employer.
It’s important for notaries to be familiar with the I-9 form and its requirements before agreeing to handle I-9 form requests. A notary should seek the advice of an attorney or immigration specialist if they have any doubts or questions concerning the I-9 form or their responsibilities in completing it.