I-9 Authorized Representative: Duties, Liability, and Recordkeeping

An I-9 authorized representative is any person an employer designates to complete Section 2 of Form I-9 on the employer’s behalf. There are no credentials attached to the role. A personnel officer, a supervisor, a notary public, a third-party vendor, a friend, or a neighbor can all do it, so long as the employer picks them.¹ The catch is that the employer stays legally responsible for whatever that person does or fails to do.

Who Can Serve as an Authorized Representative

USCIS sets the eligibility bar deliberately low. Any person acting directly or indirectly in the employer’s interest qualifies. No contract, license, or formal agreement is required, though putting expectations in writing is a sensible safeguard.¹

One person is firmly off-limits: the employee whose I-9 is being verified. Federal regulations prohibit an employee from completing, updating, or correcting Section 2 for themselves or attesting to the authenticity of their own documents.²

If a notary public serves as the representative, they are not performing notarial duties. No notary seal goes on the form. They sign and complete Section 2 the same way any other representative would.¹

What the Representative Has To Do

The representative examines the employee’s documents, records what they show, and signs an attestation that the documents look genuine. This is where most I-9 mistakes get made, so the specifics matter.

Examining the Documents in Person

The representative must physically examine original, unexpired documents that the employee presents. Photocopies and digital images do not count under the standard procedure. Each document has to reasonably appear genuine and relate to the person handing it over.³

The employee, not the representative, chooses which documents to show from the Lists of Acceptable Documents printed on the form. Demanding a specific document, or asking for more than the law requires, violates federal anti-discrimination rules.⁴

The Three Document Lists

An employee satisfies the requirement with either one document from List A, or one document each from Lists B and C:⁵

List A establishes both identity and employment authorization. A U.S. passport, a permanent resident card, and an employment authorization document are typical examples. An employee who shows a List A document should not be asked for anything else.
List B establishes identity only. A driver’s license or state-issued ID card is most common.
List C establishes employment authorization only. An unrestricted Social Security card or a birth certificate are typical choices.

A driver’s license plus a Social Security card is just as complete as a passport by itself. The representative must accept either combination.

Filling Out Section 2

After reviewing the documents, the representative records each document’s title, issuing authority, number, and expiration date in Section 2. They enter the employee’s first day of employment, then sign, date, and print their name. The employer’s business name and physical address go in the designated fields. All of this has to be finished within three business days of the employee’s first day of work.⁶ If the job will last fewer than three business days, Section 2 must be completed at the time of hire.

Once Section 2 is done, the original documents go back to the employee. Employers are not required to keep copies, though some do. If copies are kept, the practice has to be applied consistently to all employees.

Remote Examination Under E-Verify

Since 2023, employers enrolled in E-Verify in good standing can examine documents remotely instead of in person. This is useful for hiring remote workers, because it removes the need for a local representative to sit across from the new hire.⁷

The process runs in three steps. The employee transmits copies of the front and back of their documents. The employer conducts a live video call where the employee holds up the same documents so the examiner can compare them to the copies. The employer retains clear, legible copies and checks the alternative-procedure box on the form.⁷

Two conditions attach. The option has to be offered consistently to all employees at a given E-Verify hiring site. An employer may limit it to fully remote hires while requiring physical examination for onsite and hybrid workers, but the distinction cannot be based on citizenship, immigration status, or national origin.⁸ Employers not enrolled in E-Verify still need someone to examine documents in person, which is where a local authorized representative becomes the practical solution for a remote hire.

Reverification

The role does not end at hire. When an employee’s work authorization has an expiration date, the employer must reverify before that date. An authorized representative can complete Supplement B (Reverification and Rehire) on the employer’s behalf: review the new or renewed document, record the details, and sign.⁹

Reverification applies only to employment authorization documents, not identity documents. Asking for a new driver’s license at reverification goes beyond what the law requires.

Why the Choice Matters: Employer Liability

Designating a representative does not transfer legal responsibility. The employer remains liable for every violation connected to the form and the verification process, including anything the representative gets wrong.² Accepting expired documents, filling in the wrong fields, or skipping the examination puts the employer on the hook, not the person who signed.

I-9 penalties fall into two categories, with amounts adjusted for inflation. The figures below reflect the adjustment effective in 2025.¹⁰

Paperwork violations cover errors like incomplete forms, missing signatures, or late completion. Fines run from $288 to $2,861 per affected employee.

Knowingly hiring or continuing to employ unauthorized workers carries steeper penalties:

First offense: $716 to $5,724 per unauthorized worker
Second offense: $5,724 to $14,308 per unauthorized worker
Third or subsequent offense: $8,586 to $28,619 per unauthorized worker

Criminal penalties exist as well. An employer convicted of a pattern or practice of knowingly hiring unauthorized workers faces fines and up to six months of imprisonment.¹¹ For a small business, routine paperwork errors across a handful of hires can stack into five-figure fines quickly. That is the reason to pick a representative deliberately and give them written instructions before they sit down with the employee.

How Long To Keep the Completed Form

Employers must retain every completed I-9 for three years after the date of hire or one year after the employee stops working, whichever date is later.¹² Destroying a form too early is itself a violation and can trigger paperwork penalties.

1
U.S. Citizenship and Immigration Services (USCIS). 2.0 Who Must Complete Form I-9
2
U.S. Citizenship and Immigration Services. Completing Section 2, Employer Review and Attestation
3
Department of Homeland Security. Optional Alternative 1 to the Physical Document Examination Associated With Employment Eligibility Verification (Form I-9)
4
U.S. Citizenship and Immigration Services. 11.4 Avoiding Discrimination in Recruiting, Hiring, and the Form I-9 Process
5
U.S. Citizenship and Immigration Services. Form I-9 Acceptable Documents
6
GovInfo. 8 CFR 274a.2
7
U.S. Citizenship and Immigration Services. Remote Examination of Documents (Optional Alternative Procedure to Physical Document Examination)
8
U.S. Citizenship and Immigration Services (USCIS). Remote Document Examination (Optional Alternative Procedure to Physical Document Examination)
9
U.S. Citizenship and Immigration Services. Instructions for Form I-9, Employment Eligibility Verification
10
Federal Register. Civil Monetary Penalty Adjustments for Inflation
11
U.S. Citizenship and Immigration Services (USCIS). Penalties for Prohibited Practices
12
USCIS. 10.0 Retaining Form I-9