Do I-9 Forms Need to Be Notarized?

The short answer

No. Form I-9, Employment Eligibility Verification, has no notarial certificate and is never notarized. When an employer cannot meet a new hire in person, it may designate an authorized representative to examine the employee’s original documents and complete Section 2 on its behalf. A notary public can serve in that role, but the Department of Homeland Security is clear that a notary doing so acts as the employer’s authorized representative, not as a notary.

That means no notary seal, no stamp and no notarial certificate on the form.

What your employer actually needs

• Section 1 completed by the employee no later than the first day of employment.
• Section 2 completed within three business days of the first day of employment, after a physical examination of unexpired original documents.
• Acceptable documents: one document from List A, or one from List B and one from List C. See Acceptable I-9 Documents.
• Remote examination by video is available only to employers enrolled in E-Verify and in good standing. Other employers need an in-person examination, which is where an authorized representative comes in.

How a notary acts as an authorized representative

When we serve as your employer’s authorized representative, we meet the new hire in person, physically examine the original documents, record the document information in Section 2 as the employer instructs, and sign the attestation. We do not choose the employee’s documents, apply a seal or add a notarial certificate. The employer remains responsible for the accuracy of Section 2, which is why many employers send written instructions for their representative to follow.

We complete I-9 verifications for new hires physically located in Massachusetts, and we are an authorized agent for HireRight. See I-9 Authorized Representative Guide and HireRight I-9 Verification.

If you are the new hire

1. Complete Section 1 as your employer instructs, by your first day of work.
2. Choose your documents. The choice is yours, from the lists of acceptable documents. Bring unexpired originals; photocopies are not accepted, except that a certified copy of a birth certificate is acceptable as a List C document.
3. Book your appointment. Share our name and email with your employer so HR can confirm us as its representative.
4. Meet in person. We examine your documents and complete Section 2, then notify HR.

Common I-9 mistakes we help employers avoid

• A notary seal on the form, which signals the form was handled as a notarization and can draw attention in an audit.
• Examining documents over video without E-Verify enrollment.
• Accepting photocopies instead of original documents.
• Asking for specific documents, which the employee is entitled to choose.
• Missing the three-business-day deadline for Section 2.

For HR teams, our free I-9 Deadline & Document Toolkit calculates the Section 2 deadline.