I have been contacted by an individual who wants to list me as an I-9 Notary. I have checked with the Secretary of State and they said absolutely do not notarize these documents. I am not sue then what my role would be with these documents.It sounds like it could be more trouble than it is worth. I am in the state of Oregon,Not sure if rules are different elsewhere.Advice is welcome!
Here is a sample I-9 form
What you’ll do is page 2 - verify they provided the appropriate forms of identification and list the ID they provide.
These forms do NOT require notarization (unless the potential employer provides a separate statement to be signed by the employee and notarized by you) - but the form as it is does not need notarization. They call on notaries to do these because they feel notaries are trustworthy and can spot fake ID if presented. You will sign this as an “authorized agent” of the employer. And this is what you’re signing off on:
"Certification: I attest, under penalty of perjury, that (1) I have examined the document(s) presented by the above-named employee, (2) the above-listed document(s) appear to be genuine and to relate to the employee named, and (3) to the best of my knowledge the employee is authorized to work in the United States. "
Your call if you want to do them. These jobs normally don’t pay much.
I-9 does not need to be notarized; you are only going to cross proof that the ID’s provided are legitimate and that if was done by you and not the employee.
I agree with the others who say the I-9 form itself does not need to be notarized.
I feel there is a possible ethical problem if the employer of the person completing the form asks for a separate form to be executed by the new employee and notarized by me. In order to prevent discrimination against people from various countries, who may not have the typical driver’s license and US social security card, the new employee, not the employer, gets to decide which kind of ID to present, from the choices on page 3.
But some of the choices on page 3 are not good enough for me to do a notarization. For example, if the new employee chose to present a voter’s registration card and a birth certificate issued by a state, that would satisfy the requirements for the I-9 but not be good enough for me to notarize. But if I ask the signer for anything else, I’m helping the employer evade the federal regulations for completing an I-9.
As others have stated, there is no notarization. You are not acting as a Notary Public. You are acting as a representative of the employer. I only do these if I’m contacted directly by the employer or the employee and I do charge more then what that signing service is willing to pay you. Also, you need to check with your state to verify that you can handle this transaction. In California you must be a certified immigration consultant. If your a notary but not a immigration consultant, you can’t take that assignment.
Did this individual , from a financial services company, ask you to submit your W9, so that they can list you as a vendor? If so I know who you’re talking about.
From everything I’ve read there is no reason for a notary to be involved with I-9 documents and there is no legal wording available for Notaries. It sounds like a do not notarize.
What state are you in?
In California, someone who does I9 must go through an SOS approved training program, and this work is separate from notary work.
As for notarizing a signature to an I9- I called the secretary of state because I had a customer who was told she either had to find an I9 specialist or find a notary to notarize her signature. The CA secretary of state said you may notarize the signature to an I9 but you don’t fell out the form at all, you do the oath and attach a jurat.
Page 17 of the 2018 CA notary handbooks specifically says “contrary to popular belief there is no prohibition against notarizing immigration documents.” However, we are specifically prohibited form helping them fill them out.
I am in Oregon. I was told to under no circumstances do you notarize I-9’s.
I am currently researching this issue and will be writing a letter to the Secretary of State because I believe the information in the handbook is incorrect. I looked at the appropriate law as stated in our workbook and I don’t see immigration documents as ones we can notarize. So, I am confused about this and think it should be clear in our handbook that Federal Law says we shall not notarize immigration documents.
As far as the feds are concerned, the restrictions are basically on helping signers figure out how to complete forms unless the helper is an attorney or accredited representative. Notarizing forms is OK as far as the feds are concerned, although I could only find one form, G-884, that requires notarization (https://www.uscis.gov/g-884).
If a signer wanted to ask for an unnecessary notarization on an immigration form, such as a verification on oath or affirmation, the notary could do that.
If the employer asked a notary to act as the employer’s representative to inspect the new employee’s ID and fill out the employee part of the I-9, and also asked for an unnecessary notarization, I might regard that request as unethical because it potentially violates the employee’s civil rights. For the I-9, the employee chooses which documents from the approved lists to present. The employee might decide to present documents that don’t reveal that the employee was born abroad, so as to not give the employer an opportunity to discriminate against foreign-born employees.
But the ID documents chosen by the employee might not be sufficient for me to do a notarization, and when doing an I-9, I wouldn’t want to be in the position of asking for any additional ID beyond what the employee had chosen to show, in accord with the I-9 instructions.
The best training I got for completing the I-9 Form was the Homeland Security presentation that Bill Soroka hosted, and you can google it. It was in great detail, and after watching it you’ll feel confident that you know what you’re doing. You’re not notarizing; you’re identifying the individual and affirming that you’ve checked the ID that is required. It’s not trouble at all. It takes about 10 minutes to jot down their ID and sign your name. I normally leave the document with the signer. Sometimes their employer sends me a form to complete and sign as well. It’s very easy.
What do you mean when you say an individual wants to list you as an I-9 notary? Is it someone from their HR dept. who contacted you?