Notarization and I-9: Can a Notary Help Verify Remote Employees?

Why Employers Ask About Notaries

Remote hiring has become routine—but I-9 compliance hasn’t caught up. Employers still need to inspect new hires’ work authorization documents in person, even if the employee is hundreds of miles away. That’s where notaries often come into the conversation.

They’re accessible, professional, and seem like a logical solution. But many employers aren’t clear on what a notary is actually allowed to do when it comes to I-9s—and that confusion can lead to noncompliance.

What the Rules Actually Say

Form I-9 requires in-person inspection of original documents within three business days of the employee’s start date. If the employer can’t be there in person, they can appoint an Authorized Representative to act on their behalf.

Key facts:

• The Authorized Representative can be anyone—including a notary.

• That person is not acting as a notary—they’re simply filling out Section 2.

• Notarization is not required and should not be added to the I-9 form.

• The employer remains liable for any errors, regardless of who completes the form.

So yes, a notary can be used—but only as a representative, not as a notarial official.

How to Use a Notary (or Anyone Else) Correctly

If you choose to designate a notary—or anyone else—to complete Section 2 for a remote employee, you need to make sure they understand their role. It’s not uncommon for notaries to be unfamiliar with I-9 requirements and mistakenly stamp or alter the form.

Here’s how to avoid that:

• Make it clear they are acting as your Authorized Representative, not performing a notarization.

• Provide clear, written instructions on how to complete Section 2.

• Let them know which documents are acceptable (per the Lists of Acceptable Documents).

• Request that they return the completed form to you for review.

It’s not required, but documenting who completed Section 2 and when can help if your process is ever questioned in an audit.

Common Mistakes to Avoid

These are the errors that can lead to compliance trouble:

• Asking a notary to notarize the I-9—this is incorrect and noncompliant.

• Assuming a notary will know how to complete Section 2 properly without guidance.

• Letting a new hire “find someone to do it” with no support or instructions.

• Believing that using a notary shifts legal responsibility away from the employer (it doesn’t).

• Trying to use remote online notarization—which doesn’t satisfy federal I-9 rules.

Why Online Notarization Isn’t Allowed

Even though many states allow Remote Online Notarization (RON), federal I-9 rules still require a physical inspection of documents—meaning the Authorized Representative must be physically present with the employee when reviewing their documents.

Note: As of August 1, 2023, DHS does allow certain employers enrolled in E-Verify to complete document inspection remotely under an Alternative Procedure. This option includes specific steps like video verification, document retention, and clear notation on the I-9. If you're using this method, remote inspection is allowed—but only if you meet DHS’s eligibility criteria and follow the procedure exactly.

Unless you're enrolled in that program, you cannot complete I-9 verification via Zoom, video call, or online notary services.

Making Remote I-9s Work

The key to remote I-9 compliance isn’t finding a notary—it’s having a consistent, compliant process. Whether you designate a notary, a friend, a local HR partner, or a third-party service, make sure they know what they’re doing and are properly guided.

Here’s what helps:

• Provide written instructions for completing Section 2

• Review returned forms for accuracy

• Keep records of who completed each verification

• Train internal HR teams on how to manage remote workflows

Consistency and documentation are your best protection in case of an audit.

Need Help?

Remote hiring is here to stay—and I-9 compliance won’t get simpler on its own. i9 Intelligence helps employers build remote verification workflows that are secure, scalable, and audit-ready.

Want to make sure your process is compliant? Use our Free I-9 Risk Calculator or schedule a 15 minute Compliance Call with our team.

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