Posted by A S Johnson on 7/11/11 3:53pm
Msg #389374

I-9 Forms

ATTN: Texas Notaries
I just got "fussed" at by a person wanting an I-9 form Notarized. This request had a 2nd page which asked the Notary to certified the ID presented was "good". I refused to sign the form because it look as if I was Notarizing my own sig.
After this individual left, I called the TX SoS, Notary Division (512-463-5705, #1, #1, #8) to ask if they had any instructions about the I-9. Glad I did. I was directed to the website to Notary FAQ #24:

Here is the TX SoS answer:

>Can I complete a Form I-9, Employment Eligibility Verification, on behalf of an employer?

>No. Although the United States Citizenship and Immigration Services (USCIS) would allow a notary public >to fill out Form I-9 on the behalf of an employer, Texas notaries public are not provided this authority >under Texas law. Therefore, if an employer requests that you complete any portion of a Form I-9 in >your capacity as a notary public, you should refuse

All Texas Notaries should have the TX SoS website book marked ot on your desktop.

Reply by jnew on 7/11/11 3:58pm
Msg #389377

I have refused to do these in the past due to the same concerns as you. I became aware of the problems from reading comments in this forum. Thanks for the post!

Reply by Teresa/FL on 7/11/11 4:15pm
Msg #389378

Within the past month I have been contacted to complete an online I-9 form, then complete an sign what they are calling a "Notary Affidavit" that is certifying the ID that was presented by the employee/potential employee.

I have told both callers that I can complete the online I-9 form as an Authorized Representative of their employer, but not in my capacity as a notary public. As far as the "Notary Affidavit" goes, I cannot sign their form but can make an "Attested Photocopy" of the IDs being used. The employer is Asurion. Here's the information they sent via email.

**Welcome to Asurion!

As you may know, Asurion is required by federal law to have the entire Form I-9 completed and signed by your third day of employment in order to establish your eligibility to work in the United States.

To make sure your I-9 is completed by the deadline, please follow the steps below:
1. Please access the online I-9 system using the link and access information below to complete section 1 of the electronic I-9 form.

LINK REDACTED

2. * IMPORTANT Please print out the Instructions for the Remote Agent and take them with you when you meet with the representative so that he or she has the necessary login ID information to access and complete the online process.

3. You will need to meet with a Public Notary to complete section 2 of the I-9 form.

4. Please present originals
of the identity and work authorization documents you identified (preferably, the ones you already selected while completing Section 1 of your I-9 online) to the Remote Agent so that they may be inspected in your presence. Asurion does participate in the E-Verify program. Please remember that your selected list B document must have a valid photo ID as a requirement of the E-Verify program.

5. After inspecting the documents, the Remote Agent must complete and digitally sign Section 2 of the Form I-9 by logging into the online I-9 system. The Notary will also print, complete, sign and stamp the Notary Affidavit under step 2 of their instructions. The Notary will also need to stamp your copy of the documentation presented to complete section 2 of the I-9.

*Note: You will need to make a copy of the document(s) you plan to present to Notary and take it with you so the Notary can stamp it prior to uploading them with your I-9 form. In the event the Notary is unable to upload a copy of the document(s) presented you will be able to do so once they complete section 2 of the I-9 under your login from the original e-mail.

Both the completed, signed and stamped affidavit and the stamped copy of the documentation presented to complete section 2 of the Form I-9 must be uploaded and attached to your completed I-9 form to close out the process. **


They could not understand why I could not do this exactly as they have spelled it out . My workaround was not acceptable to them, so they found someone else. This company is attempting to comply with employment laws, but they are asking notaries public to violate their state's notary statutes. There may be a state that allows the completion of their "Notary Affidavit" but Florida does not.

Beware of any requests your receive for employees of Asurion.

Reply by Linda_H/FL on 7/11/11 4:21pm
Msg #389379

"My workaround was not acceptable to them, so they found someone else"

IOW they found someone clueless as to their notary duties, responsibilities and limitations.

Reply by Teresa/FL on 7/11/11 4:24pm
Msg #389380

You're right Linda

There are many notaries out there that can be bamboozled into filling out and "stamping" just about anything presented to them, regardless of the limitations of the Florida notary statutes.

Reply by Marian_in_CA on 7/11/11 4:56pm
Msg #389386

Re: You're right Linda

That's all so true... it's really sad.

Now, I happily do I-9 forms... but not as a notary most of the time. A few times I have been asked to notarize the signature of the authorized rep who signed the form. It's not at all required, but it can be done if they want. As a notary, we can't tell them that a notarization isn't required... since that crosses in the UPL. We can notarize any signature when asked, provided it doesn't impede on our legal obligations (notarizing our own signature, for example).

In those cases, I just attached a loose jurat as requested by the hiring party. In these cases, the employee and authorized rep were there. I didn't even deal with the employee, just the authorized rep.

Reply by Teresa/FL on 7/11/11 5:17pm
Msg #389388

I have completed a few I-9 forms as an authorized rep.

not as a notary public. I usually have to explain that I cannot notarize my own signature, so I can only complete the form as their authorized representative.

None of the requests I have received have been to notarize an authorized rep's signature, but I too would have no issue with such a request.

Reply by MichiganAl on 7/12/11 1:50am
Msg #389433

Same way I handle these as well

Not as a notary, but as their authorized agent.

Reply by parkerc/ME on 7/12/11 6:56pm
Msg #389523

Same here, as an authorized rep....

after having received email from company designating me as authorized rep.