Last Updated: April 2026
Researched by the I9AuditReady Research Team
I-9 Authorized Representative: Who Can Complete Section 2? (2026)
When an employer cannot directly verify an employee's documents — especially for remote hires — federal law allows the employer to designate any person to act as an authorized representative to complete Section 2 of Form I-9. But this flexibility comes with a critical catch: the employer remains fully liable for every error the representative makes.
The core rule: Under 8 CFR 274a.2(b)(1)(ii), an employer may designate any person — including someone with no employment relationship to the company — to act as an authorized representative and complete Section 2. The employer is fully and legally responsible for all errors the representative makes, as if the employer completed Section 2 directly.
The One Person Who CANNOT Serve: The Employee Themselves
The new hire cannot complete their own Section 2 — under any circumstances. Section 2 requires the employer (or their representative) to physically examine the employee's original documents and certify the review. An employee certifying their own documents is not a valid I-9 and will be treated as a missing Section 2 during an ICE audit.
Who Commonly Serves as an Authorized Representative
There is no USCIS-approved list of acceptable representative types — the employer can designate anyone. Here is how the most common options compare:
| Representative Type | Common Use | Audit Risk | Notes |
|---|---|---|---|
| HR Staff / Office Manager | Very Common | Low Risk | Most common choice. Familiar with I-9 process. Same employer, so already trained. |
| Notary Public | Very Common | Moderate Risk | Can serve — but NOT in their notary capacity. They act as an employer-designated representative and do not notarize the form. See the notary section below. |
| Immigration Attorney | Less Common | Low Risk | Acceptable, but unnecessary for most hires. May be appropriate for complex cases involving unusual documents. |
| Company Officer / Executive | Less Common | Low Risk | Fully acceptable. Any company officer designated by the employer can complete Section 2. |
| Trusted Local Business Contact | Less Common | Moderate Risk | For remote hires in cities without company offices, the employer can designate any trusted local person — a partner business, an accountant, even a UPS Store manager. |
| Family Member of Employee | Less Common | High Risk | Not prohibited, but raises audit concerns about independence. Only recommended as last resort. Document the employer's formal written designation. |
Using an Authorized Representative for Remote Hires
The authorized representative rule is most commonly used for employees who work in a location where the employer has no office. Here is the recommended process:
- Identify a trustworthy local contact where the remote employee is located — a notary, attorney, local HR contact, or other reliable person.
- Send the designated representative written instructions: what to examine, how to complete Section 2, and how to return the form.
- Provide the representative with the USCIS M-274 Handbook document list or a printed version from USCIS.gov.
- The employee and representative complete Section 1 and Section 2 together in person.
- The representative returns the completed I-9 to the employer (digital scan or mail). Retain the original or an electronic copy.
- Review the completed Section 2 for accuracy before filing. If there are errors, correct them with an explanation note — do not backdate.
E-Verify Remote Option (Available Since 2023)
Employers enrolled in E-Verify may use the DHS-authorized remote examination procedure for new hires. Under this option, the employee transmits live video of their documents, and the employer examines them remotely — without a physical in-person representative. This is separate from the standard authorized representative process and requires E-Verify enrollment and a USCIS-compliant platform.
Employer Liability — You Own Every Mistake
This is not a technicality — it is a strict rule. Under 8 CFR 274a.2(b)(1)(ii), when an authorized representative completes Section 2:
- The employer is treated as if they personally completed Section 2
- ICE fines are issued to the employer — not to the representative
- There is no legal defense based on "my representative made the mistake"
- Even if the representative was negligent or untrained, liability stays with the employer
- The employer cannot contractually transfer this liability to the representative
Practical takeaway: Treat every authorized representative like a temporary employee handling high-stakes paperwork. Give them written instructions, review their completed work, and correct any errors before filing.
Remote hires create I-9 risk. Audit yours now.
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Frequently Asked Questions
Can a family member be an authorized representative for I-9?
Yes, but it raises audit concerns. There is no legal prohibition, but ICE may scrutinize whether the examination was conducted at arm's length. If you use a family member, document the formal employer designation in writing and have the representative sign an instruction acknowledgment.
Does the authorized representative need to be trained on I-9?
Not by law — but by necessity. Since the employer is fully liable for the representative's errors, providing written instructions, the USCIS document list, and the M-274 Handbook is in every employer's interest. An untrained representative who accepts an expired document will cost you $252–$2,507 per form.
Can I use a different authorized representative for each new hire?
Yes. There is no requirement for a standing representative. For a distributed remote workforce, many employers use a local notary or HR service in each city. As long as you formally designate each representative and they physically examine the documents, each I-9 is valid.
Is the employer liable for the representative's mistakes?
Yes — completely. 8 CFR 274a.2(b)(1)(ii) makes the employer the legally responsible party for the representative's work. ICE fines land on the employer's account, not the representative's. Always review completed I-9s before filing, and correct any errors with a written explanation note.
Can a notary notarize Form I-9?
No — and this is a common misconception. A notary cannot notarize an I-9 in their official capacity because I-9 completion is not a notarial act. A notary CAN physically examine documents and sign Section 2 as an employer-designated representative. But the form is not notarized, no seal is placed on it, and the employer (not the notary) bears all liability.
Related I-9 Resources
I9AuditReady provides employer compliance tools and research — not legal advice. It is not a law firm and does not create an attorney-client relationship. For questions about a specific situation, consult a qualified immigration attorney.