What the form does
Form I-9 is used to confirm each employee's identity and permission to work in the United States. The employee completes Section 1. The employer, or an authorized representative, completes Section 2 after examining documents in person, or through an alternative procedure when allowed.
Always use the current version of the form from the U.S. Citizenship and Immigration Services website.
The form changes from time to time. Employers should check the revision date at the bottom of the form, and use the instructions that come with it.
Who an authorized representative can be
The employer may choose almost anyone to act as its authorized representative, such as a trusted coworker, a notary or a business associate. The representative does not need to be a notary. However, the employer remains responsible for mistakes the representative makes.
Choose someone careful and willing to follow instructions.
A written agreement or instruction sheet between the employer and the representative is a good practice. It spells out what the representative may and may not do.
What the representative does
The representative looks at the employee's original documents, in person, and fills in Section 2 or the appropriate part, then signs. The representative does not keep copies unless the employer asks and the law allows. The employee presents the documents they choose from the lists of acceptable documents.
The representative should not suggest which documents the employee must show.
The representative should return the completed form to the employer promptly, since the employer must keep it with its records. Do not hold on to forms at home for later delivery.
Cautions for employers
Make sure the representative understands the instructions, timing rules and document lists. Employers usually must complete Section 2 within three business days after the employee starts work. Errors are costly, and the employer is the one who answers to government audits.
Do not ask for more or different documents than the form allows, because that can lead to discrimination claims.
Document who the representative is, what instructions they received and when they completed the work. A short internal record helps if the employer is ever audited.
Cautions for employees
Bring original, unexpired documents. Photocopies are not acceptable, with narrow exceptions. A receipt for a replaced document may be accepted for a limited time. If you are unsure which documents you have, check the official list before the meeting.
If you have immigration questions, talk to an attorney or an accredited representative. A notary or the employer's representative cannot give immigration advice.
Employers should review a few completed forms for common errors, such as missing dates, unchecked boxes or document numbers copied incorrectly.
Remote and hybrid employers sometimes use a government-approved alternative procedure for certain employers. Eligibility depends on E-Verify participation and conditions, so check the current USCIS guidance.
Common questions
Does the authorized representative have to be a notary?
No. Anyone the employer chooses may act, though the employer stays responsible for the result.
Does MCC Solutions handle this?
MCC Solutions can act as an employer's authorized representative for I-9 document inspection. The employer decides whether to use that service.
More notary guides
- Passport Consent Form for a Minor: DS-3053 Basics
- Passport Consent Form DS-3053 for Minors: How It Works
- Caregiver Authorization for School and Doctor Visits
This guide is general information, not legal advice. Fees and procedures change; check with the office involved or an attorney for your situation.