The federal agency responsible for the Form I-9—U.S. Citizenship and Immigration Services (USCIS)—states that a notary public is an acceptable authorized representative who employers can utilize to complete Form I-9. However, California requires that a notary public also be a qualified and bonded immigration consultant in order to lawfully complete the Form I-9.
When asked to clarify the reasoning for the restriction, the California Secretary of State’s Notary Public & Special Filing Sections replied:
“I-9 is an immigration document in that it covers both citizens and noncitizens and also requires the employer or authorized representative to record and verify data. The duties of an immigration consultant cover these tasks too. Even if a notary public is functioning in a non-notarial capacity and does not use the phrase “notary public,” completing the I-9 by someone who is a notary public and not an immigration consultant as well is prohibited.”
As such, Littler Mendelson advises that employers who utilize the services of California notary publics to complete Form I-9s ensure that they are selecting one who is also a qualified and bonded immigration consultant. Certifying that a qualified agent is selected to complete the Form I-9 is “important in minimizing potential liability stemming from deficient or improper Form I-9 completion,” according to the law firm.
Source: Littler Mendelson, 8/10/2015
Posted: August 18, 2015