What is an I-9 Form?
All U.S. Employers must complete and retain an I-9 Form to document the identity of all new employees in the United States, including citizens and non-citizens. Thus, you must present to your Employer your documentation that establishes your identity. Because you and your Employer are not always able to meet in-person in this age of telecommuting for the execution of the I-9 Form, an Employer may authorize a third party to act as its Authorized Representative.
Form I-9 Does NOT require Notarization
Many Employers ask Notaries serving as their Authorized Representative to affix their notarial seal to the certification section of the I-9 Form even though the I-9 Form does not require a notarial act of any kind.
Sorry… Notaries Aren’t Qualified to Help!
Notaries are often called upon to verify the identification information of the new Employee because we have much experience in satisfactorily identifying people, and we are seen as a logical choice to serve in this capacity. Unfortunately, the California Secretary of State’s Notary Public Section considers the Form I-9 to be an immigration form, and the Secretary of State clarified that California Notaries who are not qualified and bonded as immigration consultants under the Business and Professions Code Sections may not complete the Form I-9 even in a non-notarial capacity. Any California Notary who is not an immigration consultant violates Government Code Section 8223(c).
To complete the form, all employees must attest, under penalty of perjury, to their citizenship or immigration status:
- A citizen of the United States
- A non-citizen national of the United States:
Non-citizen nationals are persons born in American Samoa, certain former citizens of the former Trust Territory of the Pacific Islands, and certain children of non-citizen nationals born abroad.
- A lawful permanent resident:
A lawful permanent resident is any person who is not a U.S. citizen and who resides in the United States under legally recognized and lawfully recorded permanent residence as an immigrant. The term “lawful permanent resident” includes conditional residents.
- An alien authorized to work:
If you are not a citizen or national of the United States or a lawful permanent resident, but are authorized to work in the United States.
For more detailed information, click here to read the Department of Homeland Security U.S. Citizenship and Immigration Services’ “Instructions for Employment Eligibility Verification.”