Form I-9 Employee ID Verification Agent
Any request, information or payment received from the employee, shall be deemed as received from the employer, with the new employee acting as an agent, on behalf of the employer. Payment received shall be evidence of employer and employee review and acceptance of services rendered. (See Form I-9, and Form I-9 Instructions, check form expiration date)
Note: A new version of Form I-9 and Form I-9 Instructions, dated October 21, 2019, is available and should be used by employers starting January 31, 2020.
Coronavirus (COVID-19) Pandemic Notice: DHS Deferral of Physical Presence Inspection of Employee Identification for Form I-9
On March 20, 2020, DHS announced a temporary deferral of the requirement for physical presence inspection of employee identification documents for completing Form I-9, Section 2. If physical inspection of documents is not currently possible due to COVID-19 health safety precautions, employers must inspect the Section 2 documents remotely (e.g., over video link, fax or email, etc.) and obtain, inspect, and retain copies of the documents, within three business days for purposes of completing Section 2.
Physical inspection of employee identification documents is required at a later time. The Employer also should enter “COVID-19” as the reason for the physical inspection delay in the Section 2 Additional Information field once physical inspection takes place after normal operations resume. Once the documents have been physically inspected, the employer should add “documents physically examined” with the date of inspection to the Section 2 additional information field on the Form I-9, or to section 3 as appropriate. See news release at COVID-19: DHS Announces Flexibility in Requirements Related to Form I-9 Compliance.
No Notarization Required
Please Note: If you are looking for a Colorado Springs I-9 notary to notarize your form, it does not require notarization and there is no procedure described for notarization in the USCIS Form I-9 Employer Handbook M-274 (updated 04/27/2020). A notary is disqualified by law and may not sign the Form I-9 or other form and then notarize his/her own signature on the same document.
A notary stamp or seal may only be applied when a lawful notarial act is performed, not as evidence of notary status. A notary acts as a public official on behalf of the state government, not as your private agent.
For Form I-9 verification, you may designate someone to act as your agent or authorized representative. A person who is a notary is often used because they are considered trustworthy and are familiar with checking identification, not because notarization is needed.
Form I-9 ID Verification Appointment Request
USCIS.gov instructions: When acting as an authorized representative for the employer, to perform ID verification, the notary should not provide a notary seal on Form I-9, nor use the title of notary public.
Warning 1: If you attempt to pay, deceive, influence or threaten a notary to commit or assist in an unlawful act, you may face felony charges of attempting to bribe (CRS 18-8-302) or influence (CRS 18-8-306) a public official.
Warning 2: If you create or require additional forms, documents, procedures, or notary seal or stamp requirements that are not required or authorized by federal law or regulations, without a law license, you may be charged with Unauthorized Practice of Law (UPL). Only a licensed attorney may create legal documents or give legal advice.
Warning 3: If you commit an overt act in an attempt to aid, promote, facilitate, plan, scheme, encourage, pressure or influence a notary to engage in official misconduct (CRS 24-21-531), a crime in violation of notary laws, or other laws, you may be charged with criminal attempt (CRS 18-2-101), or criminal conspiracy (CRS 18-2-201), even if the attempt is not completed or successful. Attempting to persuade a person to commit a felony is criminal solicitation (CRS 18-2-301).
If you learn or know, or if the notary warns you that a requested act is in violation of notary law, or other laws, or thwarts the plan, stop your unlawful acts. Obey the law. Contact an attorney for legal advice. Your forms, documents, instructions, notices, email, text messages, phone calls and conversations requesting or admitting an unauthorized or unlawful act and disregarding the law or warning may be used as evidence against you.
An Agent has no duty to follow instructions that are unlawful, unethical, immoral, or unreasonable, or create a risk to health or safety.
We have no duty to comply with employer or employee requests, demands or instructions that are different than or not found in federal law or the Code of Federal Regulations for Completing Form I-9 (8 CFR Part 274a Control of Employment of Aliens).
See USCIS I-9 Central website FAQ, see question: I hire my employees remotely. How do I complete Form I-9? at https://www.uscis.gov/i-9-central/i-9-central-questions-answers
We have passed the Department of Homeland Security (DHS) training and exam.
For new employees, we recommend that you run a free Self Check to check your current employment eligibility status before you complete Form I-9. Once you complete the Self Check, then contact us to set an appointment to complete your form.
Original ID Required
For verification, you will need to present original documents, not copies, for verification of your identity and employment authorization. (A certified copy of a birth certificate is allowed.) If your documents have been lost, stolen or damaged, you should apply to get replacement documents and keep your receipt. The receipt must be issued by the originating agency or authority, indicating that a replacement document has been requested.
Your receipt may be used as temporary proof of employment eligibility, in lieu of original documents. The employee must present a replacement document, or another acceptable document, within 90 days. For more information on the “receipt rule” see the example of receipt rule and the “Special rules for receipts” in Title 8, Section 274A.2 (b)(1)(vi)(A), in the Code of Federal Regulations at www.law.cornell.edu/cfr/text/8/274a.2.
Form I-9 Deadlines
New employees must complete Section 1 of the form by the first day of work for pay. The employer or authorized representative must complete Section 2, within 3 business days of the first day of work for pay. For example, if you start a new job on Monday, then Section 2 must be completed by Thursday. We may decline or require written employer approval to proceed if you have missed any deadline. A signed, dated note, explaining the reason for the delay, should be attached. See Penalties for Form I-9 Violations.
Right to Work Posters
View PDF poster in English or Spanish.
Colorado Affirmation of Legal Work Status (Repealed)
Effective August 10, 2016, Colorado employers no longer need to complete and maintain the Colorado Affirmation of Legal Work Status, per CRS 8-2-122. Signed into law on June 8, 2016, House Bill 16-1114 repeals the state statutory provisions that duplicated much of the employment verification requirements of the federal form.
Call Jerry or send email for help with Form I-9, Self Check or other employment ID verification.
[Last-Modified Date 2020-03-23] COVID-19 deferral of physical document inspection