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I have employers in other states. How can I complete the I-9 if the state doesn’t allow a notary to do it for me?

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  • I have employers in other states. How can I complete the I-9 if the state doesn’t allow a notary to do it for me?

The state has little to do with the I-9 regulation. Obeying Federal law is the key. The I-9 should not be notarized – per say. But, a notary you have designated may complete the process for you. For that matter, any person you see fit to designate may complete the I-9 process for your company. Remember, if the designated representative does it wrong – so to speak – the employer is still on the hook for the errors and cannot lay blame solely at the feel of the designated rep.

USCIS says:

I hire my employees remotely. How do I complete Form I-9?
You may designate an authorized representative to fill out Forms I-9 on behalf of your company, including personnel officers, foremen, agents or notary public. The Department of Homeland Security does not require the authorized representative to have specific agreements or other documentation for Form I-9 purposes. If an authorized representative fills out Form I-9 on your behalf, you are still liable for any violations in connection with the form or the verification process.

When completing Form I-9, you or authorized representative must physically examine each document presented to determine if it reasonably appears to be genuine and relates to the employee presenting it. Reviewing or examining documents via webcam is not permissible.

If the authorized representative refuses to complete Form I-9 (including providing a signature) another authorized representative may be selected. DHS does not require the authorized representative to have specific agreements or other documentation for Form I-9 purposes. If you hire a notary public, the notary public is acting as an authorized representative of you, not as a notary. The notary public must perform the same required actions as an authorized representative. When acting as an authorized representative, the notary public should not provide a notary seal on Form I-9.

Here is the link: https://www.uscis.gov/i-9-central/questions-and-answers

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