Texas I-9 Confusion

Many Texas Notaries a few years ago quit doing I-9 Forms because of the liability & the laws are somewhat confusing regarding government I-9 forms. So, after much conversation with the Texas Secretary of State directly here is the low down:


Some states might authorize their notaries to complete and attest to an I-9 form on behalf of an employer, but Texas notaries are not authorized to do so.

According to information I found in the USCIS Handbook for Employers (http://www.uscis.gov/files/form/m-274.pdf), an employer’s “designated agent” can complete the I-9 form on behalf of the employer. The handbook states, with regard to certification of Section 2 of the form, “If a designated agent or notary public completes this section, he or she must provide the employer’s name and address under his or her signature.”

So, an employer could designate an agent to complete the form. A Texas notary has no independent authority to complete the form. If you are a notary, and an employer designates you as its agent to complete the form, then you could complete the form as a designated agent. You could not put your notary stamp on it or otherwise suggest that you completed it in your capacity as a Texas notary.

So what this means in the end you are NOT allowed to put your notary stamp on any I-9 form but you can complete it as an designated agent.