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Completing Form I-9s has become more complex in today’s remote and hybrid work environments. When HR can’t be physically present to conduct employment verification for remote employees, I-9 authorized representatives often step in to support the Form I-9 completion process. The key is making sure that convenience doesn’t come at the expense of compliance and that you are dealing with trained reps. 

Top Takeaways for HR

• While USCIS allows virtually anyone to act as your I-9 authorized representative, the employer remains legally and financially responsible for every error, omission, or oversight made by that representative, making the choice of agent a high-stakes risk decision rather than a mere administrative one.
• Allowing friends or family members to act as representatives is the highest-risk option because they typically lack the training to spot fraudulent documents or navigate complex Section 2 sequencing, which can lead to civil fines of up to $2,861 per form.
• HR must exercise extreme caution when using notaries, as some states (like California and Texas) have strict legal restrictions on their involvement, and many notaries mistakenly "notarize" the form, a procedural error that can invalidate the I-9 during an ICE audit.

What is an I-9 Authorized Representative?

According to the U.S. Citizenship and Immigration Services (USCIS), an I-9 authorized representative is any person designated to complete Section 2 of Form I-9 on the employer's behalf. That’s right, any person. They don’t have to be an employee, an HR professional, or even affiliated with your company.

But here’s the critical caveat: you, the employer, are still liable for any errors, omissions, or compliance failures that your authorized rep makes.

So, what does it take to become an authorized representative for Form I-9? Technically, not much. There’s no formal registration or training requirement imposed by USCIS. However, just because anyone can be designated to complete Section 2 verification, doesn’t mean everyone should be.

The responsibility may seem simple. You verify documents, complete Section 2, and sign the form, but the risk of non-compliance is real if your representative doesn’t understand I-9 rules or lacks attention to detail.

For HR teams, the key takeaway is this: choosing the right authorized representative helps protect your organization from compliance risk.

Who Can (and Cannot) Be an I-9 Authorized Representative?

Now that we know who can serve as a representative, let’s explore the smart choices, and the not-so-smart ones, when making this decision.

Common Choices for I-9 Authorized Representatives

• HR Staff: The most common and lowest-risk choice, provided they’re sufficiently trained. They already understand employment law, internal compliance processes, and your organization.
• Hiring Managers: A common option since they interact directly with employees. However, inconsistent training and competing priorities can lead to errors or delays.
• Notaries: A popular choice for remote hires but use caution. Some states (like California and Texas) restrict notaries from completing I-9s unless they’re also bonded immigration consultants or employees of the company. Additionally, not all notaries understand what’s required and may mistakenly notarize the form, which is not appropriate because they are not acting as an official Notary Public.
• Third-Party Vendors: Some companies partner with vendors who provide trained representatives nationwide. This can be especially helpful for remote or high-volume hiring, but it’s important to understand how those representatives are trained and managed.
• Friends and Family of the New Hire: This is technically allowed, but also the riskiest option. Most lack training, and their personal connection to the new hire can compromise document scrutiny or lead to errors. It’s a potential compliance landmine.

Here’s a quick visual on the pros and cons of the various options:

Type	Pros	Cons
HR Staff	Trained, invested in compliance	Not scalable for remote/hybrid teams or when HR supports broader jurisdictions and geographic areas
Hiring Managers	Generally work in person with employees	Relying on hiring managers for I-9 completion may shift their attention from strategic tasks, impacting overall productivity
Notaries	Widely available	Legal restrictions, untrained in I-9 requirements
Third-Party Vendors	Trained, scalable, compliant	Additional cost and risk if agents are not sufficiently trained
Friends/Family	Convenient for the employee	High risk of errors, liability, and audit issues

 

Desiree Throckmorton, SPHR What Is an I-9 Authorized Representative?

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