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I-9 comment
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I-9 comment
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Posted by ikando on 11/16/13 6:36pm
Msg #493064

I-9 comment

I know that many notaries refuse to even discuss I-9 verification forms, but I have questions.

I have read the pamphlet provided by the USCIS to employers of remote employees. It comments that the verification can be done by the employer, an agent of the employer or a notary public. In my experience, most companies tell their employee to have a notary public "stamp" that verification form.

Yesterday I had a discussion with staff of the employer and tried mightily to explain that they are asking me to notarize my own signature, something I'm not legally allowed to do. Because they could only repeat the instructions that they had been given, they couldn't understand what I was saying. So I chose to use the jurat stamp I had (because the verbiage states under penalty of perjury), completing it with the employee's name. I then signed as the company agent and notarized the employee's signature. (Haven't heard back from the employer whether they accepted that. If payment doesn't come, that will be my answer.)

So my two questions are, what do you think of my solution? And what can we do to get the government to revise the pamphlet and/or get employers of remote employees to not ask a notary to stamp the verification, effectively notarizing our own signatures? And I guess a third question is, how can we get fellow notaries to understand what they are being asked to do?

Reply by Linda_H/FL on 11/16/13 7:01pm
Msg #493067

These forms don't need notarization - I had one done when I worked for the attorney - his wife checked my ID and signed off on it - she's not a notary

I'd get a letter from the employer appointing me as his agent and sign off on it as his agent...

As for this "So I chose to use the jurat stamp I had (because the verbiage states under penalty of perjury), completing it with the employee's name"

You chose the notary act - a no no.. the stamp is not required by law, they don't get a stamp.

JMHO

Reply by Linda Juenger on 11/16/13 8:38pm
Msg #493070

Re: I-9 comment From the American Assoc of Notaries

Read the last paragraph.

Many notaries across the nation receive requests from an employer to notarize or verify Employment Eligibility Verification (I-9) forms. The completion of an I-9 Form for each employee is mandated for every employer or agricultural recruiter/referrer-for-a-fee hirer. (An agricultural referrer is any farm labor contractor or agricultural employer or association.) All such employers and recruiters are subject to periodic ICE (Immigration and Customs Enforcement) inspections to assure that accurately completed I-9 forms are on file for every employee; violators are subject to fines and administrative sanctions. Thus the proper completion and execution of the I-9 form is of extreme importance.



What is the I-9 Form?



The I-9 Form is a multi-page document generated by the office of the United States Citizenship and Immigration Services for the Department of Homeland Security used for the purpose of verifying the employment eligibility of every new employee who accepts a job in the United States as of November 6th, 1986. This form must be completed by the employer as of the first day of employment for new employees. This is without exception; it includes even individuals working in a temporary capacity for only a few days. It also includes non-citizen residents and foreign visitors with a temporary work visa. In Section 1 of the I-9, employees are asked to fill out the top portion of the I-9 form which contains demographical information and asks them to state their US residency status, whether citizen, non-citizen, lawful permanent resident, or alien authorized to work. In Section 2 of the I-9, employers are then asked to obtain proof of identity and proof of authorization to work from the employee.



Does the I-9 Form Require Notarization?



When perusing the I-9 form, the notary will see that the I-9 form does not contain a notarial certificate and therefore does not require notarization. So what is causing this confusion among notaries? The wording on the I-9 Form and the identification requirements confuses some individuals into thinking that the form must be notarized. Employees are asked to "attest under penalty of perjury..." that their statements and documentation are true. Rather than requiring the use of a third party, such as a notary, the form itself indicates to the employee that Federal law provides for fines and imprisonment for false statements. Additionally, the employer must examine identification documents and work authorization documents from the employee to determine their eligibility to work in the United States. There are various documents in three separate lists from which the employee can chose to submit to verify identity and employment eligibility.



The employer is not permitted to determine or decide which documents the employee must produce as long as the documentation is provided from the lists in the I-9 form's Lists of Acceptable Documents. Employers may feel inadequate or uncomfortable examining these documents and often will request the services of the notary, whom the employer feels is much more qualified to scrutinize identification documents such as passports, military ID cards, and alien green cards. Section 2 of Form I-9, which is the part to be completed by the employer, may also be filled out and completed by the employer's authorized representative. In this case, a notary may be called upon to act in such a capacity. He may be called to a movie set to 'notarize' all the I-9's for a group of "actor extras"; or he may be called to a science or technology lab to handle the execution of an I-9 for a physicist hired to work on a top secret formula.



How Should a Notary Handle I-9 Forms Requests?



While the United States Citizenship and Immigration Services Office permits individuals assigned by the employer to fill out this identification/work eligibility portion of the I-9, some states, for example Texas, prohibit the notary from completing the I-9 on behalf of the employer. It is incumbent upon you as a notary to determine beforehand whether or not your state permits this type of action. If your state disallows notaries to fill out the form, you as the notary must decline to participate. Consult the Secretary of State's office in your particular jurisdiction or the office of the individual responsible for notaries in your state. Since this type of documentation does not call for "notarization" in the classical sense, there can be no penalty for declining or refusing. A notary has the option to decline to serve in this capacity if he feels uncomfortable or is unable to verify if his governing body prohibits notaries from performing such an action. If your state permits you, as the notary, to fill out the I-9 form, you should follow the instructions carefully and examine the ID and employment eligibility documents just as carefully as you would for any notarization. Making copies of the ID documents is optional; you should look to the employer for direction in this area. If photocopies of the ID are made, they will be kept together with the I-9 for the duration of employment.



Most important: Since the I-9 form does not require notarization, you must never use your notary stamp and seal on the I-9 form under any circumstance. The I-9 form is not submitted to any office. It is kept on file with the employer for three years after its initial completion or for one year after employment terminates, whichever is longer. This form must be produced if inspectors or investigators from DHS visit the place of employment and ask to see it.



For further information, contact the United States Office of Citizenship and Immigration Services @ http://www.uscis.gov/i-9-central or the Department of Homeland Security @ http://www.dhs.gov/.











American Association of Notaries Logo



Reply by John Tennant on 11/16/13 9:21pm
Msg #493072

I have done many of these and I have never notarized any of them. It is not required according to the written instructions I received.

Reply by Sandra G Holland on 11/17/13 8:01am
Msg #493081

Re: I-9 comment From the American Assoc of Notaries

Thanks for all the information, Linda. I used to get requests to notarize them, so I asked the Texas SofS about that. You are right that we aren't supposed to notarize them, but the SofS doesn't care what we do for any non-notary business. So I could be an agent. I haven't received any requests since that happened, which was last May or thereabouts.

Reply by CarolF/NC on 11/16/13 9:29pm
Msg #493073

There is a new I 9 form. No place for a notarization. I just obtain a letter from employer that I act as their agent and sign away.

Reply by LKT/CA on 11/16/13 9:57pm
Msg #493074

I did a few for a company where I was their "designated agent" so I verified the person's ID in Section 2 as the company's "designated agent" - not as a notary. I have notarized the person's signature in Section 1 and NOT acted as the "designated agent" in THAT instance only. It's one or the other but not both.


Reply by Serina/VT on 11/17/13 7:24am
Msg #493080

In my full time job for the federal government, I do I-9's a lot and I NEVER notarize them and its just fine. I simply fill in my name, the agency I work for and their address ect after verifying their ID. The I-9 is signed by the prospective employee so in the bottom part where you 'can' notarize you 'are' notarizing their signature and that they swear the ID is theirs

Reply by ikando on 11/17/13 4:20pm
Msg #493106

I think I may not have made myself clear. I KNOW that the I-9 is not notarized. I have no problem with that.

It's the EMPLOYER who tells the EMPLOYEE that they need to have the document notarized or it won't be accepted. In the original post scenario, the company did make me their agent by contacting me directly. However, the employees at the company's office said they needed it "notarized", so I came up with the solution of using my jurat stamp (because they are swearing under penalty of perjury) to have a place to notarize the remote employee's signature.

Again, I did not notarize my own signature, but the remote employee's only. I could not get it through the office employees' (I spoke to two) that the I-9 is not notarized. They insisted it would not be accepted unless it was. I was trying to help the remote employee be able to get their paperwork done.

Reply by parkerc/ME on 11/17/13 6:55pm
Msg #493113

For those of you who have completed Section 2 of the I-9 (not "notarizing" it) and you have received written authorization from the employer to act as their "representative", in the place for your title do you put "authorized representative" or "Notary Public" (without the additional info we add to it when notarizing a doc)...or maybe both?

Reply by ikando on 11/17/13 10:13pm
Msg #493123

Parker, you are acting as the agent for the company, so put that as your capacity.

Reply by parkerc/ME on 11/18/13 6:37am
Msg #493129

Thanks! n/m

Reply by Malbrough_LA on 11/18/13 10:08am
Msg #493136

That's precisely how I do these. I sign: "My name, authorized agent". No stamp. No seal. Never gonna happen.


 
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