Who can act as an I-9 Authorized Representative and Where to Find One
October 24, 2023
The Form I-9, Employment Eligibility Verification, is a U.S. Citizenship and Immigration Services (USCIS) form that all employers in the United States must complete for each individual they hire. This includes citizens and non-citizens, ensuring that the person they're hiring is authorized to work in the U.S.
A critical component of this process is the verification of the employee's identity and employment authorization documents. This usually requires the physical presence of the employee, but what happens when an employer can't be physically present? Enter the I-9 Authorized Representative.
What is an I-9 Authorized Representative?
An I-9 Authorized Representative is someone who the employer designates to complete Section 2 of the Form I-9 on their behalf. They verify the authenticity of the employment eligibility and identity documents presented by the employee.
Who can act as an I-9 Authorized Representative?
The Department of Homeland Security (DHS) guidelines state that employers can designate anyone to be an authorized representative, as long as that person completes Section 2 of the I-9 form responsibly. This could include:
1. Human Resources personnel: For large organizations with multiple branches, the HR personnel from one location can act as the representative for another location.
2. Managers and Supervisors: They often fulfill this role, especially in organizations without a dedicated HR department.
3. Third-party agents: This includes notaries, accountants, attorneys, or other service providers. It's important to note that while notaries can act as I-9 representatives, they are not required to notarize the form unless it's a state-specific requirement.
4. Friends or family members: In unique situations, an employer might even designate a trustworthy friend or family member. However, this is less common due to the responsibility involved.
No matter who the employer chooses, it's critical that the designated representative understands the I-9 requirements and avoids potential discrimination during the verification process.
Potential pitfalls of choosing the wrong representative:
While the DHS allows flexibility in choosing an authorized representative, picking the wrong one can lead to complications:
- **Incomplete verification**: The representative might miss important details or not follow the instructions correctly, leading to incomplete or incorrect verification.
- **Legal repercussions**: If the representative discriminates against the employee during the process or if the verification is not carried out correctly, it could lead to legal issues for the employer.
- **Re-verification complications**: If mistakes are made during the initial verification, the re-verification process can become cumbersome and time-consuming.
Where to find an I-9 Authorized Representative?
1. Internal Designation: Before looking externally, assess if someone within your organization can fulfill this role. Often, internal personnel, like HR or managers, have a good understanding of the process and company culture.
2. Professional Services: There are many professional services, like DC Mobile Notary, that provide I-9 Authorized Representative services. These professionals are well-acquainted with the verification process and ensure meticulous completion of the form.
3. Local Notaries: While not all notaries offer I-9 verification services, many do. It's essential to ensure they're comfortable with the process and understand the responsibilities.
4. Referrals: Ask other businesses or industry colleagues. They might have recommendations based on their experiences.
Choosing the right I-9 Authorized Representative is crucial for a seamless employment verification process. Whether you decide to designate someone internally or seek external professional services, it's essential that the representative understands the responsibilities and potential legal implications involved.
For those looking for reliable I-9 verification services, platforms like DC Mobile Notary are equipped to assist employers in ensuring that their I-9 processes are conducted diligently and efficiently.
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