Notary as I-9 Authorized Representative (Texas)

Can a Notary Be Your I-9 Authorized Representative?

Yes, but not as a notary. Form I-9 is never notarized. If you're a remote hire, your employer can ask any person it chooses, including a notary public, to act as its authorized representative and complete Section 2 for them. That person checks your original documents, fills in Section 2 and signs it without a notary seal (USCIS).

This guide explains what the role involves, what to bring, and how to find someone in Texas. It is practical orientation, not legal or employment advice. Your employer's instructions come first.

Why an I-9 isn't a notarization

Every U.S. employer must complete Form I-9 for each person it hires to work in the United States. The employee fills in Section 1. The employer, or the employer's authorized representative, examines the documents and completes Section 2 (USCIS Form I-9).

There is no notary certificate anywhere on the form. The Texas Secretary of State says it plainly: Texas law does not authorize notaries to certify an I-9, the form has no notarial certificate, and notaries should not notarize an I-9.

USCIS says the same thing from the federal side. If an employer uses a notary as its authorized representative, "that person is not acting in the capacity of a notary," and "a notary public should not provide a notary seal on Form I-9" (USCIS M-274, 2.0).

So when you search for an "I-9 notary", what you really need is a person who will act for your employer. Many people ask a notary because notaries are used to checking IDs and filling in forms carefully.

Who can be an authorized representative

USCIS says an employer may designate, hire or contract with any person to complete Section 2 for it, "such as personnel officers, foremen, notaries public, agents, or anyone acting directly or indirectly in your agent's interest." No contract or written agreement is required (USCIS M-274, 2.0).

Two limits matter:

• You can't do it yourself. Employees cannot act as authorized representatives for their own Form I-9 or attest to the authenticity of their own documents.
• The employer stays responsible. The employer is liable for any violations committed by the authorized representative acting on its behalf.

Because the employer carries the risk, many employers have rules about who they'll accept, such as no relatives or a specific vendor. USCIS doesn't list those restrictions, so ask your employer before you book anyone.

What the authorized representative does

According to USCIS's Section 2 guidance, the representative must perform all of the employer's duties, including:

1. Review your Section 1, which you complete first.
2. Physically examine your original documents. You choose what to present: one document from List A, or one from List B plus one from List C. The representative shouldn't ask for more than that.
3. Check that each document reasonably appears genuine and relates to you. Originals are required, except that a certified copy of a birth certificate is acceptable.
4. Record the document title, issuing authority, number and expiration date in Section 2.
5. Enter your first day of employment and the employer's business name and address, as your employer provides.
6. Sign and date Section 2 with their name and title, then return your documents to you.

Deadline: Section 2 must be completed within 3 business days of your first day of work for pay. If you start on a Monday, it's due by Thursday. If the job lasts less than 3 days, it's due on the first day (USCIS).

Remote examination. Employers enrolled in E-Verify may use a DHS-authorized alternative procedure to examine documents remotely. Other employers must have documents examined physically, which is why remote hires often need someone local (USCIS Form I-9).

Step by step for a remote hire in Texas

1. Get the packet from your employer. Ask for the current Form I-9 (USCIS lists edition 01/20/25) and any instructions or cover letter for the representative.
2. Complete Section 1 yourself, by your first day of work.
3. Confirm who's allowed. Ask your employer whether a notary, a mobile notary, or someone else is acceptable to them.
4. Book the appointment before your 3-business-day deadline.
5. Bring your original documents. Bring what you chose from the Lists of Acceptable Documents. Unexpired originals only, no photos or photocopies.
6. The representative completes and signs Section 2. There's no seal and no notary certificate.
7. Send the completed form back the way your employer asked. Don't file it with USCIS. The employer keeps it (USCIS Form I-9).

Mistakes to avoid

• Asking for a notary stamp. A seal doesn't make the I-9 more valid, and both USCIS and the Texas SOS say not to use one.
• Bringing copies. The representative has to examine originals (the certified birth certificate copy is the only exception USCIS names).
• Being told which documents to bring. You choose from List A, or List B plus List C.
• Missing the deadline. The clock is 3 business days from your first day of work for pay, so book before you start.
• Choosing someone your employer won't accept. Check first.

What it costs

Texas caps fees for notarial acts in Government Code §406.024: $10 for an acknowledgment's first signature, $1 for each additional signature, and $10 for an oath. USCIS says a notary acting as an I-9 authorized representative is not acting as a notary, so ask the person what they charge for this service. Agree on the price before the appointment, including any travel charge, and ask your employer whether they reimburse it.

Checklist

• Employer confirmed who may act as authorized representative
• Current Form I-9 and the employer's instructions in hand
• Section 1 completed by you
• Original documents: one from List A, or one from List B plus one from List C
• Appointment within 3 business days of your start date
• Price agreed up front
• Plan for returning the form to your employer

Find someone near you

Many NotaryHub notaries handle ID checks and paperwork every day, and a mobile notary can meet you at home or at work. Post a free request, say it's for Form I-9 Section 2 as an authorized representative (no notarization), and add your deadline and city. Local notaries respond, and nothing is booked until you both agree. Starting points: Houston, Dallas, Austin.

If you also have documents that do need a notary, you can use the same appointment for them. See what documents need notarization.

FAQ

Does Form I-9 need to be notarized?

No. Form I-9 has no notarial certificate, and the Texas Secretary of State says Texas notaries should not notarize an I-9. What an employer may need is an authorized representative to complete Section 2 on its behalf.

Can a notary be my employer's I-9 authorized representative?

Yes. USCIS lists notaries public among the people an employer may designate. The notary acts as the employer's representative, not as a notary, and should not put a notary seal on the form.

Can I be my own authorized representative?

No. USCIS says employees cannot act as authorized representatives for their own Form I-9 and cannot attest to the authenticity of their own documents.

Can I show copies or photos of my documents?

Generally no. USCIS says documents must be original, except that a certified copy of a birth certificate is acceptable, and they must be physically examined unless the employer uses the E-Verify alternative procedure for remote examination.

What does an I-9 authorized representative charge?

This isn't a notarial act, so agree the fee with the person before the appointment. If your employer reimburses it, ask them first how they handle that.

Sources (last checked 2026-10-20)

• USCIS, I-9 Employment Eligibility Verification
• USCIS I-9 Central, Completing Section 2, Employer Review and Attestation
• USCIS Handbook for Employers M-274, 2.0 Who Must Complete Form I-9
• Texas Secretary of State, Frequently Asked Questions for Notaries Public
• Texas Government Code ch. 406 (notary fees, §406.024)

Last updated: October 20, 2026 · Not legal or employment advice. Follow your employer's instructions and USCIS guidance.