Monday, October 25, 2010

Can You Notarize Or Certify An I-9 Employment Verification Form?

Notaries often get called to notarize or certify an I-9 employment verification form.  If you've ever seen the form, you'll notice that there's no place for it to be notarized and no notarial wording anywhere.  And since, at least in Michigan, notaries can not certify documents, you can't do anything with this form, right?  Well, maybe you can.

I've always turned these down due to the reasons above.  But I was recently edumacated by another notary about a process for handling these forms.  First, here's the wording on the I-9 where the person certifying it would sign:

I attest, under penalty of perjury, that I have examined the document(s) presented by the above named employee, that the above listed document(s) appear genuine and to relate to the employee named, that the employee began employment on ___________ and that to the best of my knowledge the employee is authorized to work in the United States.

You're then required to sign as the employer or authorized representative.  You clearly can't notarize this.  And you're not the employer or authorized rep.  But as my colleague so deftly points out, all that's required is for the employer to name you as an authorized representative.  So if the employer provided a letter or email authorizing you to act as their representative for the purpose of verifying and certifying the I-9, you're free to sign it.  The key to this is that you are not doing this in the capacity of a notary.  You're signing as a representative of the employer, which you would be with proper authorization.

5 comments:

kenneth-a-edelstein.com said...

It's still the NOTARY making the statement about eligibility for work in the US. Agent letter or not YOU are making the statement - I'll pass.

Alex Y. said...
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Alex Y. said...

You are not acting as a notary. You are acting as a representative of the employer. You don't stamp, seal, or add notary wording in any way. ANYONE can be a representative, not just someone who happens to be a notary. This topic was discussed just a few weeks ago by several secretary of state offices. They came to the same conclusion. Not a notary function, but can be done as an employee agent.

Maggie G. said...

I found this page while looking for someone who would sign my I-9 form. The employer says "get it notarized" and the notary says - it doesn't need it. All I know is I need this job, and I am caught in the middle. What to do? Do I have to edumacate everyone else in the world to this?

Alex Y. said...

It's unfortunate that employers use the wrong terminology and it sort of confuses the issue. Notarized and certified are two different things. The easiest way I think is to just avoid using either of those words. Call a notary and say "I need someone who will look at my ID for my employer and sign the I9 that the ID appears legit. My employer will give you an OK to do this.