California

Summary

Overview: It has come to our attention that the California Secretary of has recently indicated that California notaries who are not qualified and bonded as an  immigration consultant  under the Business and Professions Code Sections 22440-22449, may not complete or make the certification on Form I-9, even in a non-notarial capacity. The Secretary’s office considers Form I-9 to be an immigration form.

Coverage:  All employers.

Effective Date: Currently in effect.

The Details

Under Federal law employers who are unable meet in person with employees to complete an I-9 form may use the services of a third party agent to complete the form on their behalf.  Notaries are generally sought to perform this agent function though technically it can be any third party.

Under California Government Code 8223, a notary public who is not qualified and bonded as an immigration consultant under the Business and Professions Code "may not enter data provided by a client on immigration forms nor otherwise perform the services of an immigration consultant” [emphasis added].

The California Secretary of State has taken the position that notaries who are not properly qualified an bonded as an immigration consultant, are prohibited from completing the I-9 form on behalf of an employer since the I-9 form is considered an immigration form. 

Consequently, clients electing to use a notary as an agent to complete I-9 forms on their behalf should verify that the notary is also an immigration consultant.  If not, clients should consider using an alternative agent such as an attorney.