Change in CA Law
In August 2014, Debra Bowen, the CA Secretary of State decided that since the I-9 (Employment Eligibility Verification) issued by the U.S. Citizenship and Immigration Services was an immigration document, only an attorney, a representative accredited by the U.S. Department of Justice, or a person who is registered by the California Secretary of State and bonded as an immigration consultant under the Business and Professions Code may assist a client in completing the form.
(Business and Professions Code section 22440)
Previously, out-of-state employers would tell their new employees to seek a local notary to assist with the I-9. Some employees misunderstand that what they need is a notary that is also an immigration consultant. That is incorrect. The I-9 does not require notarization. Even when notaries were permitted to help with the I-9, they did not do so as notaries, they did so as an authorized representative of the hiring company.
After the change in the law, it became illegal in California for a notary to act as the authorized representative for the remote employer. So how can the employee find a remote immigration consultant to help with the I-9? The Secretary of State has a list of immigration consultants on their website where the bond status may be verified, but many are inactive or have Cease and Desist orders in place. With the available search criteria, it’s difficult to locate an immigration consultant near you.
How do you find an immigration consultant to help with the I-9?
If you are located in the Bay Area, call Totally Notary. Registered and bonded, Totally Notary is a CA immigration consultant and legally qualified to verify your I-9. In office and mobile services available 7 days a week. Totally Notary provides remote I-9 verification in Alameda, Contra Costa, Santa Clara, San Mateo and San Francisco counties.
If you are located outside the Bay Area, call or email Totally Notary for a referral near you.
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Thank you so much for this information. I’m in California and needed this exact service of getting an I9 notarized and spent the day turning in circles. Your site clearly explained the issue and I will be forwarding this to my remote HR out of state since based on their directions they don’t have this information.
Where does it say that an I-9 has to be filled out by a Immigration Consultant?
The USCIS I-9 is issued by the United States Citizenship and Immigration Services and as such, is an immigration form.
Per CA law: Only an attorney, a representative accredited by the U.S. Department of Justice, or a person who is registered by the California Secretary of State and bonded as an immigration consultant under the Business and Professions Code may assist a client in completing immigration forms. (Business and Professions Code section 22440)
What happens, if I am just getting an I-9 notarized for a job?
The I-9 is not notarized. It is required by HR departments to prove a new hire is eligible to work in the U.S. A CA notary is not legally qualified to complete the I-9 due to our state laws. An Immigration Consultant is authorized to assist with the form in CA.
http://www.LA-Notary.net can verify I9 in Costa Mesa, California tel # 714-229-1322 Address is 3001 Red Hill Ave Ste 6-210 Costa Mesa, CA 92626
Can you refer someone in North San Diego county to complete an I-9?
I know of two Immigration Consultants that offer I-9 verification services in San Diego. In San Diego north county, I would refer you to Maria Ayala @ San Marcos Tax Service (760)216-9502. In the San Diego metropolitan area, I would refer you to Yolanda Barajas @ Immigration Consulting of San Diego (619) 294-4357.