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Can I complete a Form I-9, Employment Eligibility Verification, on behalf of an employer?

Texas I-9 update (June 2019)

The Texas Secretary of State’s office has updated the Notary FAQ on its website to clarify that while Texas law does not authorize notaries public to notarize I-9 forms, a Notary who is an employee of a business may assist that business in filling out an I-9 form as long as the work is not performed in the employee’s capacity as a Notary Public and the employee does not place their Notary seal on the document.  

Keeping a record

While this is not a notarial act, the Notary should record the transaction (perhaps in a spreadsheet), including the name of the employee, the name of the company requesting the completion of Section 2, and the date you completed the document transaction.

Remember, do not use your journal of notarial acts to keep the record of I-9 transactions because they are not notarizations.

Can the Notary charge for I-9s?

If you are acting as an authorized representative, then handling the I-9 form would not be considered a notarial act, and therefore not within the scope of state-mandated fees for performing notarial services. As with any non-notarial services provided, the Notary is free to determine the fee for providing the service of signing the I-9 form.

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