Using Notaries to sign on a Electronic Form i-9

Is it possible to use an eNotary (electronic notary) on the Form I-9?

There is no prohibition in the laws governing the I-9 that would preclude a Notary, acting as the employer’s authorized representative, from using an eNotary (electronic notary) to sign the Form I-9 as long as all of the Form I-9 requirements are met.

The notary would need to physically examine the documents the employee presents to establish identity and work authorization and determine whether the documents presented reasonably appear to be genuine and to relate to the individual. The employee must be physically present with the examiner of the documents during the examination. The person who examines the documents must be the same person who completes and signs Section 2.

In addition, if a Form I-9 is completed electronically, the form and process used must be in compliance with 8 CFR 274a.2(e)-(i). Online audio-video conference technology is not an acceptable method of examining documents for the purpose of the Form I-9.

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