Employers don't have to complete Section 2 of Form I-9 themselves. Federal law allows any employer to designate an authorized representative to examine employee documents and fill out Section 2 on the employer's behalf. This is especially useful for companies with remote workers, multiple job sites, or HR teams that don't have a physical presence at every location where employees start work.
But the rules matter. The employer remains legally liable for any errors or violations the authorized representative commits on Form I-9 — so choosing the right person and understanding the requirements is critical. This guide covers who qualifies, what they're responsible for, and the most common mistakes that lead to penalties.
An authorized representative is any person an employer designates to complete Section 2 or Supplement B (formerly Section 3) of Form I-9 on the employer's behalf. According to U.S. Citizenship and Immigration Services (USCIS), this person acts as the employer's agent for the purpose of verifying an employee's identity and employment authorization.
The authorized representative performs the same duties the employer would: reviewing Section 1 for completeness, physically examining the employee's original documents, and completing the certification in Section 2. There is no special license, certification, or government registration required. The employer simply designates someone to act on their behalf.
This arrangement is governed by the Immigration and Nationality Act (INA), which defines "employer" broadly to include any person or entity — including agents and anyone acting directly or indirectly in the employer's interest — who hires individuals for employment in the United States.
Almost anyone can serve as an authorized representative. USCIS does not restrict who an employer can designate. The M-274 Handbook for Employers provides the following examples of people who may act as authorized representatives:
The key requirement is that the employer designates the person to act on their behalf. The authorized representative does not need to be an employee of the company, does not need formal training (though training is strongly recommended), and does not need any type of government approval.
An employee cannot act as the authorized representative for their own Form I-9. The purpose of Section 2 is for someone other than the employee to examine the employee's documents and attest that they reasonably appear genuine and relate to the person presenting them. Allowing employees to verify their own documents would defeat the purpose of the verification process entirely.
Beyond this single restriction, USCIS does not prohibit any specific category of person from serving as an authorized representative. Family members, friends, coworkers, and community members are all permitted — provided the employer has designated them and they are not the employee whose Form I-9 is being completed.
An authorized representative must perform all of the same duties the employer would when completing Form I-9. This is not a partial role — the representative takes on the full scope of the employer's Section 2 obligations. Here is what that includes:
Note: The person who physically examines the documents must be the same person who completes the certification block and signs Section 2. You cannot have one person examine the documents and a different person fill out and sign the form.
i9 Intelligence provides trained authorized representatives who complete Section 2 over a live video call with your new hires — anywhere in the U.S. Our compliance team handles document examination, Section 2 completion, and E-Verify case creation so you don't have to. Learn more about remote Section 2 verification or schedule a free compliance call to see how it works.
No. USCIS does not require any formal contract, written agreement, or memorandum of understanding between the employer and the authorized representative. There is no paperwork to file with the government, no registration process, and no approval to obtain.
The employer simply designates the person to act on their behalf. That said, many employers — particularly those using third-party services or staffing agencies — choose to put agreements in place for practical reasons: to clarify responsibilities, establish training expectations, and document the arrangement in case of an audit by U.S. Immigration and Customs Enforcement (ICE).
While a contract isn't legally required, having one can help demonstrate good-faith compliance efforts if I-9 errors are later discovered. For current penalty ranges, see our 2026 I-9 penalties guide.
Yes, a notary public can serve as an authorized representative — but they are not acting in their official notary capacity when they do so. This is one of the most commonly misunderstood aspects of the authorized representative role.
When a notary public completes Section 2 of Form I-9, they are simply acting as a person designated by the employer. They should not:
Form I-9 does not require notarization, and a notary seal on the form does not add any legal weight. In some states, notarization carries specific legal implications that don't apply to the I-9 process. The notary is simply examining documents and completing Section 2 like any other authorized representative would.
Some states have specific laws regarding what notaries can and cannot do as authorized representatives. Employers should check their state's requirements before designating a notary for I-9 purposes.
Traditionally, the authorized representative had to be physically present with the employee to examine documents. That changed with the Department of Homeland Security's (DHS) alternative procedure for remote document examination, which allows qualified employers to examine documents over a live video call instead of in person.
| Requirement | Physical Examination | Remote Examination (Alternative Procedure) |
|---|---|---|
| E-Verify enrollment | Not required | Required — must be in good standing |
| Document format | Original documents only (no copies except certified birth certificates) | Employee transmits copies first, then presents originals on live video |
| Examination method | In-person, physical presence required | Live video interaction (not photos, email, or pre-recorded video) |
| Copy retention | Optional — employer may keep copies but is not required to | Mandatory — must retain clear copies (front and back) for duration of employment plus retention period |
| Form I-9 notation | No special notation needed | Must check the "alternative procedure" box in Additional Information field |
| Consistency rule | No consistency requirement | Must offer consistently at each E-Verify site (may limit to remote hires only, but cannot apply selectively based on citizenship or national origin) |
| Audit implications | Inspector examines the Form I-9 only | Inspector may also review retained document copies to assess genuineness |
To use remote document examination, the employer must meet these requirements:
This is where third-party authorized representative services like i9 Intelligence's remote verification become especially valuable. Instead of finding a local person to serve as the authorized representative for a remote employee, the employer designates i9 Intelligence's compliance team. Our trained agents conduct the live video examination, complete Section 2, and create the E-Verify case — all in a single session.
For employers with remote workers, distributed teams, or locations without HR staff on-site, remote verification through a trained authorized representative eliminates the scramble to find someone local who can properly complete the form. Book a demo to see the process in action.
These are the five most frequent errors employers make when using authorized representatives for Form I-9. Each one can result in penalties ranging from $288 to $2,861 per form for paperwork violations (per the Federal Register, January 2, 2025).
For a full compliance review, use our I-9 Risk Calculator to estimate your exposure, or review our I-9 audit checklist to identify gaps before ICE does.
"The number one mistake we see with authorized representatives is a lack of training. A construction company will designate a site supervisor, or a restaurant will have the general manager do it, but nobody walks them through the document examination process or the anti-discrimination rules. When we audit those forms, we find the same preventable errors over and over — wrong issuing authority, missing document numbers, expired documents recorded without a note. Five minutes of training would have prevented every one of them," says Patricia, Director of Compliance at i9 Intelligence.
Yes. USCIS does not prohibit family members from serving as authorized representatives. A spouse, parent, sibling, or any other family member can complete Section 2 on the employer's behalf, as long as they are not the employee whose Form I-9 is being completed. The employer simply designates the family member to act as their representative. This is common for small businesses and remote employees in areas where no other representative is available.
There is no legal requirement for an authorized representative to complete any specific training program. However, USCIS strongly recommends that anyone completing Form I-9 be familiar with the instructions and the M-274 Handbook for Employers. In practice, untrained representatives are far more likely to make errors that result in penalties. The employer is liable for those errors regardless of whether the representative received training, so providing at least basic guidance on document examination, acceptable documents, and anti-discrimination rules is a best practice that protects the employer.
Yes. An employer can designate different authorized representatives for different employees, different locations, or different time periods. There is no requirement to use the same representative for all employees. This is common for employers with multiple work sites — for example, designating a site foreman at each construction site or using a remote verification service for employees in locations without on-site HR staff.
The employer is responsible for the error. If ICE discovers the mistake during a worksite inspection or I-9 audit, the employer — not the authorized representative — faces the penalties. Paperwork violations carry fines of $288 to $2,861 per form (as of January 2, 2025). The employer may correct errors if they are discovered during a self-audit or an ICE inspection, but the correction must follow USCIS guidelines: draw a line through the incorrect information, enter the correct information, and initial and date the correction. For guidance on conducting your own audit, see our I-9 audit checklist.
Yes, but only under the DHS-authorized alternative procedure for remote document examination. The employer must be enrolled in E-Verify and in good standing. The authorized representative must examine the employee's original documents over a live video call, the employer must retain copies of the documents (front and back), and the alternative procedure box on Form I-9 must be checked. Employers who are not enrolled in E-Verify must use the traditional in-person examination process. i9 Intelligence's remote verification service handles the entire process for E-Verify participants — document examination, Section 2 completion, and E-Verify case creation — over a single live video session.
i9 Intelligence has 27 years of I-9 and E-Verify specialization. Whether you need a trained authorized representative for remote Section 2 verification, a full I-9 audit, or help building a compliant process from scratch, our team is here to help.
This article is for informational purposes only and does not constitute legal advice. I-9 regulations change frequently. For the most current guidance, consult the USCIS I-9 Central website or speak with a qualified immigration attorney.
