Form I-9
Certification
I attest, under penalty of perjury, that (1) I have examined the document(s) presented by the above-named employee, (2) the above-listed document(s) appear to be genuine and to relate to the employee named, and (3) to the best of my knowledge the employee is authorized to work in the United States.

That is the form that notaries are being asked to sign. This presents a bunch of problems to me. First, notaries in New York County are prohibited by the County Clerk from “certifying” anything. That term is reserved for government officials and Registrars of educational institutions to “certify” the original and duplicate copies that they issue. I’m not supposed to say (in the notary section) “I certify that before me appeared…..” – certify & certification is a no no.

Examined and appear to be genuine – that’s OK. We do that when we inspect ID to notarize, it’s a routine part of the job. But here there is a subtle difference. I am being asked to comment specifically on the ID, not the identity of the person signing. That is a big change to me. I really don’t like “going on record” as to the quality or “genuineness” of the documents. Sure, it does not ask me to commit that they are genuine, only that they appear to be genuine. Small difference.

Last comes the “deal breaker”. “… to the best of my knowledge the employee is authorized to work in the United States”. Well, I have NO such knowledge either way. On what basis do I make such a statement? “Well, your Honor, being that I had no knowledge, then to the best of my knowledge….” That might fall flat. Worst case: based on MY statement the person obtains a job in a “sensitive” position and does real harm. Then the witch hunt starts; guess who will be asked why I “approved” the terrorist who disabled a large portion of the power grid?

It appears the entire I-9 process is designed to establish “responsible parties” for when the “you know what” hits the fan. ONLY the government, with its vast resources is qualified to determine the eligibility for working in the US; NOT a humble notary public looking at a selection of user submitted documents. Perhaps there are “items of record” that are not shown that are very relevant to the issue at hand. The State of Texas cautions notaries about form I-9.

This subject has been covered several times on the 123notary.com forum. I have been told that I don’t know what I am talking about not having taken the training. True enough. But, I don’t think any training will change the statements I am asked to sign. They are the reason that, other than notarizing the applicant’s signature; I will not touch an I-9. In a similar manner I have been asked to notarize a Will. NY law requires an attorney for that function. One attorney wanted to “guide me” over the phone. Nope, it’s MY signature and no other that would be in the notary section. Point being: signed documents have to be able to “stand alone”. In the case of the I-9 – training or instructions; nothing mitigates the signed statement. With the “attorney at the end of the phone” will signing – in 40 years when many are gone – ONLY my signature would remain; and someone might contest the validity of the notarization.

I’m sure to be “flamed”, but I would not sign an I-9 for any amount of money, I’m very wary.

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