Employers in the United States use the I-9 form to confirm their workers’ identities and legal rights to work in the country. A notary I 9 is a public official who is commissioned to attest to the authenticity of papers and their signature in the presence of other witnesses. The signature of a notary on the I-9 form indicates that the employer has inspected the employee’s identifying papers and found them to be legitimate and related to the employee and that the notary agrees with the employer’s assessment. The I-9 form itself is not notarized, but a notarial certificate attesting to the validity of the papers and the witnessing of the employee’s signature may be. It is crucial to note that not all states allow notaries to undertake the function of signing I-9 forms for employers, and not all companies need a notary to do so. To find out what rules and regulations apply in your region, you should talk to a lawyer or the relevant state agency.
Instances when an I-9 notary form is required
New hires in the United States must fill out Form I-9 so that their identification and legal right to work may be verified. This form may usually be filled out without the presence of a notary public. Nonetheless, a notary public may be required to sign the paper in some circumstances. Some situations when you could need the services of a notary public are as follows:
- The use of remote workers. The employer may utilize a notary public to confirm the employee’s identification and legal right to work if the employee is unable to appear in person before the employer to produce the relevant documentation.
- Authorized representatives. If the employee cannot complete Section 2 of the I-9 in person because of a handicap or physical impairment, the employee may appoint an authorized representative to do so. The legal representative or power of attorney must sign this document in the presence of a notary public.
- Choice of the employer. Even though it is not required by law, employers may decide to have the I-9 form notarized.
It is still the employer’s obligation to verify the authenticity of the employee’s identification and job authorization paperwork, even if the employee uses a notary public. During the specified time period, employers must also keep on file a copy of the employee’s completed I-9 form and any supporting documentation the employee provided.
Explanation of the reasons why I 9 form is not notarized
The U.S. Department of Labor’s Form I-9 is completed by employers to confirm an employee’s identification and legal right to work in the country. In some cases, a notary public may be used to fill out certain parts of the form. However, Form I-9 is usually not notarized for several reasons:
- Form I-9 does not need to be notarized since it is not required by law. The form is intended to be filled out by both the worker and the company, and it does not need to be notarized for it to be legally binding.
- It is the duty of the employer to verify the authenticity of the employee’s identification and employment authorization papers. The notarization of these papers does not lend any credibility or security to them.
- The use of a notary public to complete I 9 may impose extra expenditures that are not strictly required.
- Timely completion of the form by workers and employers may be hindered by the inaccessibility of notaries public in certain regions or during some business hours.
In other words, using a notary public to execute parts of I 9 form is possible, but not needed or encouraged unless there are special circumstances. Both employers and workers need to make sure their forms are filled out correctly and that the papers they provide are legitimate.
