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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:

Do you delegate your verification of Section 2 on Form I-9? If so, you’re not alone. Form I-9 compliance tasks often get delegated, but liability never does. When you rely on an authorized representative for I-9 verification, even minor training gaps can create major compliance risk.

Today’s I-9 enforcement environment is defined by high-frequency enforcement surges and a web of overlapping federal regulations that demand absolute procedural precision.

If you’re still treating the Form I-9 as a "set it and forget it" administrative task, it’s time for a reality check. With ICE doubling its enforcement presence and increasing from 10,000 to 22,000 officers, the margin for error has effectively disappeared. As Desiree Throckmorton, VP of I-9 Operations at OutSolve puts it, “[Form I-9 compliance is] not that easy to get this right and it is very easy to get it wrong. There is a lot of information to keep up with.”

In the current landscape of 2026, the intersection of shifting federal policy and aggressive worksite enforcement has fundamentally redefined the stakes of I-9 compliance. OutSolve commissioned exclusive research into this topic. The Operational Impact of Intensified I-9 Enforcement report provides a critical analysis of how today’s intensified enforcement cycles create unprecedented operational and financial risks for employers across the United States. 

ICE has redefined some key Form I-9 errors from procedural or technical to substantive. What this means for employers is missing dates and information can lead to significant penalties if they were to be uncovered in an audit, making self-audits and a solid I-9 process even more imperative. The changes described in this blog from technical to substantive are currently in effect.

OutSolve recently hosted an insightful webinar, I-9 Compliance & E-Verify Regulations Under the Trump Administration, led by Desirée Throckmorton, VP of I-9 Operations at OutSolve, and Alissa Horvitz, Member Attorney at Roffman Horvitz.

The first quarter of the year has a way of showing up fast and furious for HR teams. Between year-end reporting, hiring strategies, and performance review preparations, it’s easy for your Form I-9 processes to get pushed aside. But, if there’s one compliance area HR should put front and center at the start of the year, it’s employment eligibility verification.

Most employers don’t realize how costly an I-9 mistake can be until it’s too late. A single missing signature or late verification can trigger fines of up to $2,701 per violation. When those errors multiply across a workforce, the results can be devastating. Three Denver-area employers learned that lesson the hard way this year, paying over $8 million in combined penalties for employee verification violations.

Employers continue to be held to a higher standard when it comes to Form I-9 compliance, especially due to increased immigration enforcement and heightened scrutiny from ICE. Form I-9 audits are rising and it is becoming increasingly important to have a solid I-9 process in place.