Who can be authorized representative for I-9?
The I-9 form is a critical document in the United States that employers must complete to verify the identity and employment authorization of their employees. This form is part of the U.S. Citizenship and Immigration Services (USCIS) process and is used to ensure that only eligible individuals are employed in the country. However, in certain situations, an authorized representative may be needed to assist with the completion of the I-9 form. In this article, we will explore who can act as an authorized representative for I-9 purposes.
Understanding the Role of an Authorized Representative
An authorized representative is someone who can act on behalf of an employer or employee in matters related to the I-9 form. This individual must have the legal authority to sign the form and is responsible for ensuring that the information provided is accurate and complete. The authorized representative must also have the knowledge and ability to assist with any inquiries or audits related to the I-9 form.
Eligible Individuals as Authorized Representatives
Several types of individuals can be authorized representatives for I-9 purposes. These include:
1. Employment Attorneys: Attorneys who specialize in employment law can act as authorized representatives. They have the legal expertise to assist with I-9 compliance and can represent both employers and employees.
2. Human Resources Professionals: HR professionals who are knowledgeable about I-9 requirements can serve as authorized representatives. They can help ensure that the I-9 form is completed correctly and that the necessary documents are obtained.
3. Notary Publics: Notary publics can act as authorized representatives if they are authorized to do so by their state. They can assist with the signing of the I-9 form and the notarization of documents, if necessary.
4. Bona Fide Representatives: In some cases, a foreign national may have a bona fide representative, such as a spouse, parent, or legal guardian, who can act on their behalf. This representative must have the legal authority to sign the I-9 form and provide documentation on the foreign national’s behalf.
5. Power of Attorney: An individual who has been granted power of attorney by an employer or employee can act as an authorized representative. This power of attorney must be in writing and must be recognized by the USCIS.
Responsibilities of an Authorized Representative
It is important to note that authorized representatives have certain responsibilities when it comes to the I-9 form. These include:
– Ensuring that the I-9 form is completed accurately and within the required time frame.
– Keeping a copy of the completed I-9 form for the employer’s records.
– Assisting with any inquiries or audits related to the I-9 form.
– Maintaining confidentiality of the information provided on the form.
Conclusion
In conclusion, several individuals can be authorized representatives for I-9 purposes. Employers and employees should carefully consider who will act as their representative to ensure compliance with USCIS regulations. It is crucial to select a representative who has the necessary legal authority, knowledge, and ability to fulfill these responsibilities effectively. By doing so, both employers and employees can avoid potential penalties and maintain compliance with the I-9 process.