Who Can Help Me Complete Form I-9 in California? https://i-9-authorized-represe...
The completion of Form I-9, the Employment Eligibility Verification form, is a crucial step for employers in ensuring compliance with the Immigration Reform and Control Act of 1986. This act was enacted to prevent the hiring of undocumented workers and requires employers to verify the identity and work eligibility of each individual hired. While the form may seem straightforward, there are complexities involved in designating an authorized representative to complete it. In California, there are specific regulations regarding who can assist with completing Form I-9. In this article, we will explore the guidelines provided by the U.S. Citizenship and Immigration Services (USCIS) and the California Secretary of State to understand who can legally act as an authorized representative.
Understanding Form I-9 and its Importance
Form I-9 plays a critical role in the employment process, ensuring that employers hire individuals who are authorized to work in the United States. By completing this form, employers verify both the identity and work eligibility of their employees, thus complying with federal immigration laws. Failure to properly complete and retain Form I-9 can result in severe penalties, including fines and criminal charges. Therefore, it is essential for employers to understand the requirements and guidelines for completing this form accurately.
Who Can Act as an Authorized Representative?
The USCIS provides guidance on who can act as an authorized representative for completing Form I-9. According to their guidelines, an employer can designate someone to act on their behalf, including personnel officers, foremen, agents, or public notaries. This designation allows the authorized representative to complete Section 2 of Form I-9, verifying the documentation presented by the employee. However, it is crucial to note that the USCIS emphasizes that the designated person must carry out all the employer's responsibilities related to Form I-9 and complete, sign, and date the form accurately.
Restrictions on Notary Publics in California
While the USCIS allows for the use of notaries public as authorized representatives, California has specific restrictions in place. A notary public who is not also a qualified and bonded immigration consultant is prohibited from completing Form I-9. This restriction is based on the fact that Form I-9 is considered an immigration document, and the duties of an immigration consultant cover the tasks involved in completing this form. Therefore, employers in California must be cautious when selecting a notary public to complete Form I-9 and ensure that they are also qualified as an immigration consultant.
Rationale for the Notary Public Restriction
The Notary Public & Special Filings Section provided further insight into the rationale behind the restriction on notary publics completing Form I-9. They explained that Form I-9 is considered an immigration document as it covers both citizens and noncitizens and requires the employer or authorized representative to record and verify data. These tasks align with the duties of an immigration consultant. Even if a notary public is functioning in a non-notarial capacity and does not use the phrase "notary public," completing Form I-9 by someone who is a notary public but not an immigration consultant is still prohibited in California.
Remote Hires and Designated Representatives
In cases where employers need to hire remote employees who are unable to be physically present for the completion of Form I-9, they can designate an authorized representative to act on their behalf. This authorized representative can meet with the employee, inspect the required documents, and complete Section 2 of Form I-9.
Retention of Form I-9 Records
Employers must retain Form I-9 for each employee either for three years after the date of hire or for one year after employment is terminated, whichever is later. The form, along with any documentation provided by the employee, must be kept separate from the employee's personnel file. It is crucial to maintain these records in case of an audit or inspection by authorized agencies such as the Department of Homeland Security, the Department of Labor, or the Office of Special Counsel for Unfair Immigration-Related Employment Practices.
Conclusion
Completing Form I-9 accurately and in compliance with federal and state regulations is a vital responsibility for employers. In California, Employers must select qualified agents to complete Form I-9, ensuring compliance and minimizing potential liability. By understanding the guidelines provided by the USCIS and the California Secretary of State, employers can navigate the complexities of Form I-9 completion and maintain compliance with immigration laws. https://i-9-authorized-representative.com/ provide I-9 verification service in Orange County, Los Angeles County, and Riverside County 7 days a week, Call 714-229-1322 or visit www.LA-Notary.net for more information.
Disclaimer: This article is AI-generated, and https://i-9-authorized-representative.com/ and Esalez.net are not law firms or attorneys, and we cannot give legal advice. Consult an attorney for legal questions and matters.
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