Posted by Karla/WA on 4/13/12 1:36pm
Msg #417816

Citizenship verification and I9 Form

I looked for Info on the search button but couldn't locate any information. Can anyone shed some light on the requirements for notarizing an I9 form and/or citizenship verification paperwork? I received a request from a "potential employee" who wants me to assist her with this paperwork. Did a little hunting on the internet and found a few notations suggesting that the notary "beware" of this request. I have not seen the paperwork to know what is being asked to acknowledge.

Any perspective?

Reply by A S Johnson on 4/13/12 3:27pm
Msg #417836

I-9 Form have no place for notarzation. You and attach that the person before you and the one on the I-9 sre the same by a ID Affidavit.
A reminder to Notaries in the State of Texas, on the Sec of State website under the area on Notary FAQ #23, you are not to have anything to do withan I-9.

Reply by Karla/WA on 4/13/12 3:31pm
Msg #417838

Thanks everyone. I've received a couple PM's and everyone has the same recommendation. I even called our SOS (before asking on this forum) and they wouldn't provide any information. I've suggested to the employee that she work with her employer as it's beyond our scope to assist in any way. Thanks again.

Reply by VT_Syrup on 4/14/12 4:14pm
Msg #417940

Re: Citizenship verification and I9 Form (Texas)

A S Johnson's posting that Texas notaries should not "have anything to do" with an I-9 does not consider the phrase "your capacity as a notary public" in the Texas SOS FAQ #24. It would be absurd to think that a person in Texas who had the authority to complete an I-9 because, for example, the person is an employer, would lose that authority because the person is a notary. Consider a Texas attorney. Most attorneys are also notaries. Many attorneys have employees, and have to complete I-9s for those employees. Of course the attorney can complete the I-9, so long as the attorney does it in the capacity of an employer and not in the capacity of a notary.

Reply by MikeC/TX on 4/14/12 5:08pm
Msg #417942

Re: Citizenship verification and I9 Form (Texas)

I think Sid's point was exactly that - if you're acting AS A NOTARY, Texas law does not allow you to be involved with the processing of I-9 forms. If you're acting in some other capacity (even if you're also a notary), it's not a problem. What he said wasn't at all confusing (at least not to this Texas notary).

Reply by LKT/CA on 4/13/12 10:55pm
Msg #417891

I disagree - I9 form does have something to notarize

Not sure what people wrote to you in the PMs but I disagree with those that say the I9 form has nothing to notarize - untrue. Section 1 of the form is titled "Employee Information and Verification. The person fills that out then a signature is required and is below this statement: "I am aware that federal law provides for imprisonment and /or fines for false statement or use of false documents in connection with the completion of this form."

The person signs and dates. We notarize signatures to statements and therefore, CAN notarize the customer's signature to THAT statement in Section 1 only. Like any other doc without notarial wording, just ask the customer if they'd like a jurat or acknowledgment.

I do make it crystal clear to the customer that, as a notary, I cannot legally complete Sections 2 or 3. But I can legally notarize their signature to the statement in Section 1. So there IS **something** the notary can do with regards to the I9 form. I've notarized the signature for Section 1 to quite a few of these I9 forms and have never had a customer call back to say the notarization was rejected - and I do offer a refund if the notarization is rejected. The thing is, the customer is told to "get the form notarized" so when I explain what I can legally do, they go with it because they don't want to leave the appointment without a notarization.

Since you're in Washington, follow your state's laws - particularly if those laws prohibit the notary having anything to do with the I9 form.