Can a notary help with Form I-9 without notarizing it?

Form I-9 is used for employment eligibility verification. New employees complete their portion, and the employer or employer-authorized representative reviews identity and work authorization documents and completes the employer section.

Because an employee may be remote, employers sometimes ask a “notary” to help. This creates confusion because the task is usually not a notarial act.

A notary may be able to assist only if the employer authorizes the notary or another person to act as its representative for I-9 completion. In that role, the person is acting as the employer’s authorized representative, not as a traditional notary performing a notarization.

Usually, no. Form I-9 itself is not normally notarized.

A standard notarization involves a notarial certificate, such as an acknowledgment or jurat, and the notary completes the notarial act according to notary law.

Form I-9 requires document review and an employer attestation, not a notarial certificate. If an employer asks for a notary stamp on Form I-9, clarify that the requested role is authorized-representative review, not a notarial act.

An authorized representative is a person the employer designates to complete part of the Form I-9 process on the employer’s behalf.

The employer should provide instructions about:

• Which section must be completed

• What documents may be reviewed

• Whether remote document examination is allowed

• What information must be entered

• Whether copies are required

• How the completed form should be returned

• Whether the employer’s own platform must be used

The person assisting should follow the employer’s instructions and should not provide legal or immigration advice.

It depends.

Some employers use remote I-9 procedures, electronic I-9 platforms, or authorized representative workflows. Other employers require in-person physical document review or use a specific compliance vendor.

A notary cannot decide whether the employer’s I-9 process can be completed online. The employer must provide the approved process and instructions.

If the employer requires physical inspection, a remote video review may not satisfy that requirement. The employer must confirm that its remote examination procedure is allowed.

Depending on the employer’s instructions and applicable rules, a notary may be able to:

• Act as an employer-authorized representative

• Review documents according to employer instructions

• Complete the employer representative fields

• Sign as the authorized representative

• Return the completed form to the employer

• Assist through an employer-provided platform

No notary seal is placed on Form I-9. A separate document that actually requires a notarial act is a different request and must be reviewed on its own.

A notary cannot:

• Decide whether a person is authorized to work

• Provide immigration advice

• Tell the employer which documents to accept

• Choose documents for the employee

• Complete I-9 sections without employer authorization

• Add a notarial seal when no notarial act is required

• Certify that the employee is work-authorized

• Guarantee employer compliance

• Replace the employer’s legal responsibility

The employer should consult its HR, legal, compliance, or immigration counsel for I-9 procedures.

Before requesting remote Form I-9 support, the employee should ask the employer:

• Do you need a notary, or an authorized representative?

• Is this a notarization or I-9 document review?

• Can this be completed online?

• Do you require physical document inspection?

• Do you use an electronic I-9 platform?

• What section should the representative complete?

• What documents should be reviewed?

• Should document copies be sent?

• Where should the completed form be returned?

Clear instructions prevent delays and incorrect completion.

Employers should provide:

• Written instructions

• Authorized representative permission

• Exact completion requirements

• Employer business information

• Document review rules

• Return instructions

• Any platform login or upload process

• Contact information for questions

The employer should not simply tell the employee to “find a notary” without explaining whether a notarial act is actually needed.

Ask the employer to clarify whether they mean:

• A notary acting as an authorized representative

• A separate affidavit related to identity

• A notarized copy of an ID

• A notarial certificate attached to a separate document

• An I-9 platform verification step

If a separate document needs notarization, that document may need to be reviewed independently for eligibility, notarial wording, signer identity, and recipient acceptance.

Improperly treating Form I-9 as a notarization can create problems. A notary seal should not be added where no notarial act exists, and an employer should not assume that a notary automatically knows its I-9 process.

The safest approach is for the employer to give written instructions and confirm whether the requested service is authorized representative assistance or a true notarization of a separate document.