This is one of the most common misconceptions in HR: that Form I-9 (Employment Eligibility Verification) needs to be notarized like a legal document. It doesn’t — and having it notarized can actually cause more confusion than it solves. Here’s the clear version, plus how the remote-hire process actually works when a notary is involved.
The short answer: no notarization required
Form I-9 does not require a notary seal, stamp, or notarial certificate. Adding notary language to an I-9 isn’t just unnecessary — it can create problems during an audit, since it implies a notarial act took place that isn’t part of the I-9 process at all.
So why do notaries get involved with I-9s?
When an employer can’t physically meet a new hire to inspect their identity and work-authorization documents (a remote employee, for example), federal rules let the employer designate an “authorized representative” to complete Section 2 of the I-9 on their behalf — physically examining the employee’s original documents and recording what they see.
A notary public can serve as that authorized representative. But here’s the key distinction: when acting in this role, the notary is not performing a notarial act. They’re acting as the employer’s agent — inspecting documents and filling out a form — not notarizing anything.
What the notary does (and doesn’t do)
As an authorized representative, a notary will:
- Meet with the new hire in person and physically examine their original identity/work-authorization documents
- Complete Section 2 of Form I-9 based on what they observed
- Sign and date that section, then return the completed form to the employer
What doesn’t happen
The notary does not stamp, seal, or notarize the I-9 itself, and does not take on legal responsibility for its accuracy — the employer remains liable for any errors on the form, regardless of who completed Section 2 for them. The notary also can’t complete this step remotely or via online notarization; it requires physically examining the original documents in person.
Step by step: how a remote I-9 verification typically works
- The employer completes Section 1 of the I-9 with the new hire remotely (this part the employee does themselves, regardless of location)
- The employer arranges for a local authorized representative — often a mobile notary — to meet the new hire in person
- The employee brings their original identity/work-authorization documents (not copies) to the meeting
- The representative examines the originals, completes Section 2, signs, and returns the form to the employer, usually the same day
- The employer reviews the completed form and retains it per federal record-keeping requirements
What to tell your notary or representative beforehand
Before the appointment, it helps to confirm with whoever is acting as your authorized representative that they understand this is a document-inspection role, not a notarization — and to make sure the employee knows exactly which original documents to bring (a list from the I-9’s acceptable documents page, not just “an ID”). A wasted trip because the employee brought a photocopy instead of an original is one of the most common hiccups in this process.
The bottom line for employers
If you’re hiring remotely and need someone local to physically verify a new employee’s documents, a mobile notary acting as an authorized representative is a common, practical solution — just make sure everyone involved understands it’s a document-inspection role, not a notarization, and that your I-9 doesn’t end up with a notary seal on it by mistake.
I-9 vs. E-Verify: a quick clarification
These two get confused often. Form I-9 is the underlying document-verification process every employer must complete for every new hire, regardless of anything else. E-Verify is a separate, optional (for most employers) online system that cross-checks I-9 information against federal databases. An authorized representative’s in-person document check supports the I-9 process — it doesn’t run or replace an E-Verify check, which the employer handles separately, if they participate in it at all.
Frequently asked questions
- Can this be done over video call instead of in person? No — the authorized representative must physically examine the original documents in the same physical location as the employee; a video call doesn’t satisfy the requirement.
- Who’s liable if the representative makes a mistake on Section 2? The employer remains legally responsible for the accuracy of the I-9, even though someone else physically completed that section on their behalf.
- Can the same notary act as authorized representative for multiple new hires? Yes, as long as each verification involves physically examining that specific employee’s original documents in person.
This article is for general information only and is not legal advice. Notary publics, including ours, are not attorneys and cannot advise you on which documents you need or how to complete them. For legal guidance specific to your situation, please consult a licensed Arizona attorney.
Need a notary who comes to you in Chandler, Gilbert, Mesa, Tempe, or Queen Creek? Call Executive Notary Services at (480) 582-5013 to schedule an appointment.
