Restrictions For California Notaries In August 2014, the California Secretary of State’s Notary Public & Special Filings Section clarified that; California Notaries who are not qualified and bonded as immigration consultants under the Business and Professions Code Sections 22440-22449, may not complete or make the certification on Form I-9, even in a non-notarial capacity. The Secretary’s office considers Form I-9 to be an immigration form. Any California Notary who is not an immigration consultant violates Government Code Section 8223(c).
Immigration Documents Contrary to popular belief, there is no prohibition against notarizing immigration documents. However, several laws specifically outline what a notary public can and cannot do; Only an attorney, a representative accredited by the U.S. Department of Justice, or a person who is registered by the California Secretary of State and bonded as an immigration consultant under the Business and Professions Code may assist a client in completing immigration forms. (Business and Professions Code section 22440)