No, you do not have to be a citizen to be a notary public. Every state allows non-citizens with lawful immigration status to apply for a notary commission, and this has been the rule nationwide since 1984. What states require instead is “legal presence” — proof that you are authorized to live in the United States. Permanent residents, many visa holders, and others with valid federal immigration documents can serve.
The Supreme Court Settled This in 1984
The controlling case is Bernal v. Fainter. A lawful permanent resident applied to become a notary and was rejected solely because he was not a U.S. citizen. The state defended the rule by arguing that notaries perform a “political function,” which would have let the state restrict the office to citizens under the Equal Protection Clause of the Fourteenth Amendment.1Justia. Bernal v. Fainter, 467 U.S. 216 (1984)
The Supreme Court disagreed. It found that notary duties are clerical and ministerial: witnessing signatures, administering oaths, verifying identities. That is not the kind of sovereign power that justifies excluding non-citizens. Barring lawful residents from becoming notaries, the Court held, violates the Equal Protection Clause.1Justia. Bernal v. Fainter, 467 U.S. 216 (1984)
The ruling applies in every state. No state can constitutionally require U.S. citizenship for a notary commission. The decision protects people with lawful immigration status; it does not create a pathway for anyone without legal authorization to reside in the country, because states independently require proof of legal presence.
What Counts as Legal Presence
Rather than citizenship, states ask for documentation that you are authorized to live in the United States. The phrase on most applications is “legal presence” or “lawful status.” The documents that typically satisfy this requirement include:
- A Permanent Resident Card (Green Card). This is the most straightforward proof, and your commission can run its full term without immigration-related complications.
- An Employment Authorization Document (EAD). Many jurisdictions accept this, and applicants generally submit copies of both sides of the card.
- A valid visa with work authorization. Certain employment-based visas qualify, though this creates additional questions covered below.
Beyond immigration documents, most states require applicants to be at least 18, live in the state (or maintain a principal place of business there), and be able to read and write English. Some states require residency in the specific county of appointment. A Social Security Number or Individual Taxpayer Identification Number is typically required for the background check and tax reporting.
One detail worth flagging: every name on your immigration documents must match your application exactly. A minor discrepancy between the name on your Green Card and the name on the form can delay processing or trigger a denial.
Visa Holders Face Extra Complications
Permanent residents have the smoothest path. The picture gets more complicated for people on temporary visas, because the core question is whether performing notarial acts counts as “employment” under federal immigration law, and if so, whether your visa authorizes it.
Federal regulations restrict nonimmigrant visa holders to employment that has been specifically authorized. Engaging in unauthorized work is a failure to maintain status and can carry serious immigration consequences.2eCFR. Title 8 CFR Part 214 – Nonimmigrant Classes
H-1B authorization is tied to a specific employer and a specific specialty occupation. Whether earning fees as a notary on the side counts as unauthorized employment is a gray area, and immigration attorneys handle it differently. Some argue that occasional notarizations for nominal fees do not rise to “employment”; others advise getting explicit authorization or simply not charging fees. The safe move is to consult an immigration lawyer before accepting any notary fees if you hold an employer-sponsored visa.
F-1 student visa holders face tighter restrictions. Off-campus employment generally requires Optional Practical Training authorization and an EAD, and the work must relate to the student’s field of study.3Travel.State.Gov. Student Visa A notary commission is difficult to justify under those rules for most students.
Watch the Term Length Against Your Status
Notary commissions run anywhere from four to ten years depending on the state. If your immigration status expires before the commission does, you lose the legal presence that underpins it. Most states require you to maintain legal presence for the entire commission term, and losing that status can result in automatic revocation. If your visa or EAD expires in two years and the commission runs four, you would need to renew your immigration status to keep notarizing.
What Else the State Will Check
Once eligibility is established, the rest of the application is the same for citizens and non-citizens. Expect to provide a government-issued photo ID, a physical residential address (a P.O. box will not work, because the address establishes county jurisdiction), and a Social Security Number or ITIN for the background check.
Every state runs a criminal background check on applicants. Offenses that typically lead to denial involve dishonesty or violence: forgery, fraud, embezzlement, identity theft, assault, robbery, and similar crimes. That connection is not arbitrary — a notary’s whole purpose is to verify identities and prevent fraud, so a conviction for that kind of conduct is a hard barrier.
Most states do not impose a permanent ban for every conviction. Many allow applications after a waiting period, commonly five years for misdemeanors and ten years for felonies, measured from the completion of probation or sentence rather than from the date of conviction. Applicants often miscalculate this by counting from the arrest or conviction date instead of from the date they finished all court-ordered obligations.
Minor traffic violations and infractions generally do not disqualify you, but the disclosure requirement is absolute. The application asks about any criminal convictions, and failing to disclose something you think is trivial can result in denial for dishonesty on the application, which is a worse outcome than the underlying offense would have caused.
How Non-Citizen Notaries Handle Taxes
Notary fees are taxable income. The IRS requires you to report them on Schedule C (Form 1040) as business income, even if notarizing is a side activity.4Internal Revenue Service. Instructions for Schedule C (Form 1040) (2025)
There is an unusual carve-out worth knowing about: notary fees are exempt from self-employment tax. You report the income on Schedule C, but you do not carry your net notary profit over to Schedule SE unless you also have other self-employment income that requires filing that form.5Internal Revenue Service. Persons Employed in a U.S. Possession/Territory – Self-Employment Tax Regular income tax still applies, but you skip the 15.3% self-employment tax that other independent workers pay.
For non-citizens, tax obligations depend on your residency status for tax purposes. Resident aliens, including Green Card holders, file taxes the same way U.S. citizens do. Nonresident aliens have different filing requirements and may need to use Form 1040-NR. If you are on a temporary visa and earning notary fees, the tax treatment is worth getting right — consult a tax professional familiar with nonresident alien filing if your situation is complicated.
Ordinary business expenses related to your notary work are deductible on Schedule C, including the cost of your bond premium, seal, journal, education courses, and mileage driven to notarization appointments.6Internal Revenue Service. Publication 17 (2025), Your Federal Income Tax