Posted by Marian_in_CA on 3/15/10 7:01pm
Msg #327432

IDs, Census, I-9, etc.

The I-9 form, which is REQUIRED for all employers (including the Census) is used for two reasons: to verify one's identity AND establish a legal right to work in the US. They are two different things. When you consider the different documents required under different columns, it's because some documents are used to prove that the individual is legally eligible to work in the US. If, as an employer, the IRS, DHS, USCIS or any other agency wants to look at your files and you haven't properly recorded or verified the information... you could be in some serious trouble.

One of the advantages of the new eVerify system is that it flags multiples attempts of using the same ID or SSN - thus helping eliminate the problem of multiple people using the same documents. If it notices unusual patterns, the individual is not immediately cleared.

Several times I've received the "DHS Verification in Process" response ... that means exactly what is sounds like, that the individual's file has been sent to Homeland Security for verification or review.

PAW and I (and maybe others here, too) are eVerify Designated Agents, so we know how that whole process works.

Why is the Census requiring certain IDs? Simple -- because of the I-9 form.


Now... as often happens, notaries are asked to notarize signatures on the I-9. Some people think they can't do it -- they're wrong. Notaries CAN and SHOULD, if asked, notarize the signature of the individual in Section 1. The notary does NOT fill out or sign section 2 or 3.

Sometimes, notaries are called to fill out section 2 or 3 as the employers representative. That's OKAY, IF.... the employer does not also want the signature notarized in section 1. It should be one or the other, but not both. If you are ever asked to fill out section 2 or 3 of the I-9, make sure that you are being hired as the employer's representative and not as a notary, and do NOT apply your seal to the form... because you'd then be notarizing your own signature. If you do this, keep any letters or receipts for payment wherein you acted as their representative...that way you have proof.

Reply by Marian_in_CA on 3/15/10 7:01pm
Msg #327433

oh dear... this was meant to go down below. Oops. n/m

Reply by SOCAL/CA on 3/15/10 10:36pm
Msg #327451

See page 37 of the Ca 2010 Handbook.

§ 8230. Identification of affiant; verification
If a notary public executes a jurat and the statement sworn or subscribed to is contained in
a document purporting to identify the affiant, and includes the birthdate or age of the person
and a purported photograph or finger or thumbprint of the person so swearing or subscribing,
the notary public shall require, as a condition to executing the jurat, that the person verify the
birthdate or age contained in the statement by showing either:
(a) A certified copy of the person’s birth certificate, or
(b) An identification card or driver’s license issued by the Department of Motor Vehicles.
For the purposes of preparing for submission of forms required by the United States
Immigration and Naturalization Service, and only for such purposes, a notary public may
also accept for identification any documents or declarations acceptable to the United States
Immigration and Naturalization Service.

Reply by Marian_in_CA on 3/16/10 12:04am
Msg #327457

Right... but what do the ID requirements for a jurat have to do with the I-9?

Reply by Marian_in_CA on 3/16/10 12:15am
Msg #327461

BTW... that clause...

Is VERY specific, and is usually only going to be encountered by immigration consultants... as far as I can tell. It says that the document must contain ALL of these things:

- be sworn or subscribed to
- be a document purporting to the identity of the affiant
- include the birthdate or age of the person
- photograph or finger or thumbprint of the person so swearing or subscribing

How many documents are you presented for notarization that include all four of those elements?

The I-9 isn't one of those, especially not for the purpose of section 1, which is the only signature that should be notarized in regard to the person named in #1.

Section 2 or 3 can also be notarized if the employer wants the representative's signature notarized. I've had that happen, too. But, the notary is neither the person in Section 1, nor the person in section 2.

Reply by loandocs on 3/16/10 12:13am
Msg #327459

Can someone tell me how to get involved in eVerifying?

Reply by Marian_in_CA on 3/16/10 12:17am
Msg #327462

The best thing to do, honestly... is research EVerify. It's not difficult... but there are a LOT of rules.