I-9 documents are often misunderstood because Form I-9 involves verifying an employee’s identity and authorization to work, not simply getting a document notarized. Employers and employees may think that a notary can simply notarize the form, but that is not how the I-9 process works.
This guide explains which i9 verification documents can be used, what employees may present, and what role a notary can play as an authorized representative. It also covers the verification process, i 9 retention requirements, and common I-9 mistakes.
What Is an I-9 Form and Why Is It Required?
Form I-9, officially called Employment Eligibility Verification, is used by employers to confirm a newly hired employee’s identity and authorization to work in the United States. The employee fills out Section 1, while the employer or authorized representative is required to complete the employer verification section.
The form is generally not submitted to USCIS. Instead, the employer keeps it and makes it available for inspection when requested by authorized government officials.
What Are the Acceptable I-9 Documents?
The official I-9 documents are separated into three lists. List A documents provide both identity and authorization for employment, while List B provides identity, and List C provides the authorization to work. The employee typically submits only one List A document or one List B document together with one List C document.
Examples include:
- U.S. Passport or Passport Card
- Permanent Resident Card
- Employment Authorization Document
- State-issued driver’s licenses or identification cards
- Particular Social Security cards
- Certified copies or originals of the qualifying birth certificates
I-9 Documents: What Employees Need to Provide
Employees can choose the appropriate I-9 documents to submit. A company should never require an employee to submit specific documents in the event that an employee is able to choose other options in accordance with the applicable list rules.
What Identification Is Acceptable for I-9 Verification?
Acceptable i 9 identification depends on the type of document combination selected by the employee. A driver’s license does not, by itself, establish employment authorization. Employees using a List B and List C combination must provide documents that meet the requirements for each list.
Can a Notary Notarize an I-9 Form?
The Form I-9 does not need notarization merely because a notary has been involved. An employer may nominate an official representative who will fill out the employer’s section in Form I-9 for the employer.
In this instance, a notary may be nominated as an acting representative of the employer and, therefore, is filling out the form for the employer and not for a notarization purpose.
What Does an I-9 Notary Actually Do?
A notary for i9 services may act as an authorized representative when the employer specifically appoints them to complete the employer’s portion of Form I-9.
The representative reviews the documents required by employees and then completes the relevant employer section in accordance with Instructions for Form I-9.
Example: An employer hires a remote employee who can’t come into the office. They can ask an authorized representative to complete the employer section of Form I-9. If the representative they choose is a notary, they are serving as the employer’s authorized representative, and NOT as a notary.
I-9 Form Notarization vs. Employment Verification
I-9 form notarization and the employment eligibility verification are two distinct concepts.
| Notarization | I-9 Verification |
| Signs off on a signature, or performs another official notarial action | Reviews documents for identity and employment authorization |
| Uses state notarial rules | Follows federal Form I-9 requirements |
| Does not provide work authorization | Supports the employer’s verification process |
How to Complete I-9 Employment Eligibility Verification
The basic I-9 employment eligibility verification process involves the following steps:
- Employee completes Section 1. The employee completes Section 1 according to the instructions provided on the current Form I-9.
- The employer or authorized representative reviews the documents. The representative follows the instructions on Form I-9 in current use.
- The employer completes the appropriate section. The information from the documents is recorded in the manner necessary.
- The employer retains the completed form. The form is stored in accordance with federal retention regulations rather than being regularly sent to USCIS.
For instance, if an employee is able to provide the qualifying List A document, the employer does not generally have to ask for additional List B and List C documents.
I-9 Retention Requirements for Employers
Under current i 9 retention requirements, employers must keep Form I-9 for three years after the employee’s date of hire or one year after employment ends, whichever is later.
USCIS clarifies that employers may opt to keep copies of documents. However, should they decide to do this only for one employee, they must adhere to the rules that apply to all employees.
Common Mistakes When Handling I-9 Documents
A few misinterpretations about I-9 documents can cause unavoidable issues. Common errors can be:
- Assuming that every I-9 must be notarized
- Employing the outdated document list that is not up to date
- Confusion between identity documents and authorization to work documents
- Failure to keep your form within the required time period
Conclusion
It is important to differentiate notarization from the actual eligibility verification process. The documentation that employees provide must be acceptable according to the most current USCIS lists, and employers or their authorized representatives must follow the latest instructions for forms and retention regulations.
Before filling out an I-9, check the most recent USCIS guidelines, i-9 documents, and confirm the duties the notary must fulfill.
Frequently Asked Questions
What is an I-9?
Form I-9 is the federal Employment Eligibility Verification form used by employers to confirm the employee’s identity and permission to be employed in the United States.
What are i9 acceptable documents?
Accepted documents are the documents that are categorized by USCIS as being in List A, List B, and List C. Employees generally offer only one List A document or a qualified mix consisting of List B and List C documents.
Does an I-9 need to be notarized?
Not normally. A notary may be an employer’s authorized representative if he is appropriately designated.
Can a notary complete an I-9?
Yes, a notary may complete the employer’s part when designated by the employer as the representative authorized by the company.
What documentation for the I-9 form can an employee provide?
The employee is able to select suitable documents from the USCIS list. Depending on the preference, this could be a List A document or a combination of List B and List C documents.
What are I-9 verification documents?
I9 verification documents are used to establish an employee’s identity and authorization to work when completing Form I-9. The correct combination is determined by whether the employee utilizes List A or Lists B and C.
Does a notary stamp prove employment eligibility?
No, a notarial seal doesn’t establish an employee’s authorization to work in the United States. Employment verification is based on the I-9 form as well as the applicable federal requirements.
Can employers keep copies of employee documents?
They are able to make copies in accordance with specific rules. USCIS states that employers who opt to make copies must adhere to the procedure for employees.
How long must employers keep I-9 records?
Generally, employers must retain Form I-9 for three years after the employee’s date of hire or one year after employment ends, whichever is later. Employers should calculate the retention period with care instead of eliminating the form after an employee quits.
