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I-9 Form and California Notary Law

FAQ – What is the I-9 Form and can ABC Notary notarize it for me?

 

What Is The I-9 Form?

The I-9 form, issued by the U.S. Citizenship and Immigration Services (USCIS) verifies the identity and employment eligibility for employees hired in the U.S. The form is to be completed by both the employee and the employer (or authorized representative). As part of the process, the employee must present documents verifying his or her eligibility to work in the U.S., and the employer (or authorized representative) must physically examine these documents.

According to the USCIS Handbook for Employers, employers “may designate someone to fill out Forms I-9 for you, such as a personnel officer, foreman, agent, or anyone else acting on your behalf, such as a notary public.” Although the form itself does not require notarization, there are times when an employer will present a new employee with an email instructing him or her to take the form to a Notary for completion.

Restrictions For California Notaries
However, California Notaries who are not qualified and bonded as immigration consultants under the Business and Professions Code Sections 22440-22449, may not complete or make the certification on Form I-9, even in a non-notarial capacity.
The Secretary’s office considers Form I-9 to be an immigration form. Any California Notary who is not an immigration consultant violates Government Code Section 8223(c).

Neither ABC Notary nor any of our staff are immigration consultants, therefore, we cannot and will not complete or certify Form I-9.