I-9 Forms for Remote Employees

If you are a remote employee and your employer has suggested taking your I-9 form to a Notary (to complete Section 2), you're likely having a difficult time getting it done. The primary reason is because California Notaries are not allowed to use their seal on a document that they signed or wherein they are named.

 

When it comes to the I-9, a Notary can:

  1. Notarize the signature in Section 1 or 2. (As long as the Notary's signature is not one of the two.)
  2. Notarize the different signatures in Section 1 and 2. (As long as the Notary's signature is not one of the two.)
  3. Complete Section 2 as an Authorized Representative of the Employer, not as a Notary Public.


If your employer insists that the Notary complete section 2 and add his/her seal, it cannot be done by a California Notary Public. It is for this reason that you will likely be turned away. There are two reasons for this. If the notary notarizes the signature in Section 1 but also fills out Section 2, he/she creates a conflict of interest because California notaries are not allowed to notarize a signature where they are named in the document. Also, a notary is legally prohibited from notarizing their own signature. By completing Section 2 and adding one's seal, this means the notary is notarizing their own signature. This is illegal, and a California notary could be heavily fined, lose their commission or face jail time for improper notarial acts.

I am happy to help you with your I-9 for any of the above (1-3), though. Options 1 and 2 work like regular notarizations.

If you or your employer want me to fill out Section 2, that's fine, but I will not notarize your signature. And, before I do it, I will need a letter from your employer authorizing me to be their representative for the purpose of completing your I-9 form. This is usually called an "Authorized Agent Letter" and I prefer that it be on your employer's letterhead.

If your employer does not have a letter available, they can fill out this Agent Authorization Form and email/fax it to me. They can also give you a signed copy that you bring with you to the appointment. I must have a letter before I will fill out Section 2, no exceptions.