What Is an I-9 Authorized Representative?

One of your top priorities as an HR professional is maintaining compliance with various state and federal regulations. A key compliance regulation effecting all employers is making sure that any employee hired onto your payroll is legally eligible to work in the United States. This is where Form I-9, the employment eligibility verification form, comes into play.  

Both the employee and the employer are responsible for completing specific sections of Form I-9. Employers must complete section 2 requiring verification of an employee's identity and work authorization documents. 

Sounds like a simple process, right? Well, it can be a challenge because HR cannot be everywhere all the time. Between remote employees, hybrid schedules, and field workers scattered across the country, completing a compliant Form I-9 sometimes requires an individual outside your HR team to step in because HR simply cannot always be physically present when new hires are onboarded. With that said, each company should consider having an I-9 authorized representative for completing and verifying these forms.  

Let’s break this down further, outline the risks, pros and cons, and explore how HR teams like yours can simplify compliance without compromising security or speed in your I-9 process. Here’s three key takeaways you’ll learn in this article: 

1. What it means to be an I-9 authorized representative 
2. Options when choosing an I-9 authorized representative.  
3. Common issues to be aware of and HR best practices.  

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 the Form I-9 on the employers' 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 they make. 

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. Remember though, that just because anyone can be designated as an authorized representative, doesn't mean everyone should be. The responsibility may seem simple—verify documents, complete Section 2, and sign—but the risk of non-compliance is real if your designated representative doesn’t understand I-9 compliance rules or lacks attention to detail. 

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

Who Can (and Cannot) Be an Authorized Representative? 

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

Common Choices for I-9 Authorized Representatives: 

• HR Staff: The most common and lowest-risk choice—provided they’re sufficiently trained. They already understand the basics of employment law and are internal to your compliance processes. 
• Hiring Managers: A common go-to for completing Section 2 of Form I-9 are Hiring Managers. The benefit is that they typically interact with their staff so completing Section 2 in person is often convenient. However, making sure all managers are trained and consistently processing Form I-9 completion can be a tall order. Some hiring managers only hire a handful of people a year, so will they remember the training about Form I-9 compliance? Additionally hiring managers are often taxed with operational demands leaving little time to dedicate to completing Form I-9 in a timely manner.  
• Notaries: A popular option, especially for remote hires, but proceed with caution because some states (like California and Texas) restrict notaries from completing I-9s unless they are also bonded immigration consultants or employees of the company. Not all notaries understand what’s required, and many 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 offer trained representatives across the U.S., capable of meeting employees in person, or who have remote verification capabilities. These services are especially useful for high-volume or fully remote workforces. Be sure to establish the scope and frequency of vendor training.  
• Friends and Family of the New Hire: This is technically allowed, but also the riskiest option. Most friends or relatives lack any 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: 

As a general rule, and when considering who can be an authorized representative for Form I-9, weigh convenience against compliance risk. At the end of the day, there are penalties to your organization if errors are made, even if someone else fills it out as mentioned, employers are liable for any errors, omissions, or compliance failures made. 

Common Issues with Authorized Representatives 

HR professionals share a common “nightmare”: an I-9 audit. Unfortunately, most issues in Form I-9 compliance stem from Section 2 errors, often made by well-intentioned authorized representatives. 

Here are some common missteps: 

• Incomplete or Inaccurate Forms: Missing signatures, unchecked boxes, or the wrong documents accepted can trigger fines. 
• Mishandling of Personal Documents: Improper storage or transmission of documents puts sensitive personal information (PII) at risk. 
• Misunderstanding E-Verify Rules: Authorized reps who aren’t familiar with E-Verify procedures might overlook re-verification rules. 
• Remote Verification Confusion: Since COVID-era flexibilities have now expired, many employers are unsure about the remote verification rules. Using an untrained representative who completes Section 2 and verifies documents remotely when the employer has not enrolled in E-Verify is a major misstep.  

The Consequences? 

Noncompliance with Form I-9 requirements poses significant risks for employers, including substantial financial penalties and legal repercussions. Civil fines for paperwork errors can range from $288 to nearly $2,861 per violation, while intentional violations can incur fines up to $27,000 per instance. Additionally, knowingly employing unauthorized workers can result in fines of up to $22,363 per worker.  

Beyond financial penalties, noncompliance can lead to increased scrutiny from the Department of Homeland Security (DHS), potential criminal charges for willful violations, and damage to the company's reputation and suddenly the convenience of using a neighbor or friend doesn’t seem worth the risk! 

Why Getting It Right Matters 

HR juggles enough already from recruiting and retention to culture and compliance. The last thing you want is a preventable paperwork issue that could initiate legal trouble. 

Here’s why this matters for your HR team: 

• Legal Liability: You are legally responsible for any mistakes made by your authorized representative. 
• Financial Penalties: As mentioned earlier, errors, even if unintentional, can lead to serious fines. 
• Operational Disruption: Non-compliance can derail onboarding timelines, especially if forms need to be redone or employees must re-present documents. 
• Brand and Trust Damage: In an age of data sensitivity, mishandling Personally Identifiable Information (PII) or being investigated for employment violations erodes employee trust and your employer brand. 

What Authorized I-9 Representatives Mean for Your Organization 

As HR, not only do you manage projects and company initiatives, but you also balance empathy and efficiency on a daily basis. You care about getting new hires onboarded quickly, but also about doing things the right way. 

When it comes to the Form I-9, the authorized representative you choose is more than a logistical workaround, it’s a compliance decision with serious implications. Whether you're asking, "Why do I need an authorized representative for I-9?" or “Who can be an authorized representative for I-9?”, the answer lies in minimizing risk while also supporting flexibility.