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Form I-9 and name changes

RegSenseI-9sI-9sHR GeneralistAgency PublicationCompliance DocsFocus AreaHuman Resources

Employers are not required to update Form I-9 when an employee changes his or her name. However, the United States Citizenship and Immigration Services (USCIS) recommends that employers maintain correct information on Forms I-9 and note any name changes on Supplement B.

Form I-9 regulations do not require that an employee present the employer with documentation to show that the employee has changed his or her name. However, the employer may take steps - such as asking the employee for the basis of the name change - to be reasonably assured of the employee's identity and the veracity of the employee's claim of a name change. If provided by the employee, the employer may accept evidence of the name change to keep with Form I-9 so that the employer's actions are well-documented if the government asks to inspect the company's Forms I-9.

Notes for E-Verify employers

The USCIS recommends that E-Verify employers encourage employees to record their legal name change with the Social Security Administration to avoid mismatches in E-Verify.

Federal contractors who are subject to the FAR E-Verify clause and who choose to verify existing employees by updating existing Forms I-9 have special rules pertaining to when they must complete new Forms I-9. Under this option, a new Form I-9 must be completed when an employee changes his or her name.

['I-9s']
['I-9s']
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