HR Question:

I have an employee who recently changed their name. Do they need to complete a new I-9 Form for their name change?

HR Answer:

When an employee changes their name (legally), employers are actually not required to complete a new I-9 Form. The US Citizenship and Immigration Services (USCIS) Name Change Guidance recommends that employers note the name change in Section 3 of the form, but a new form is not necessary in most instances.

Preparing employee records during a name change

To make sure your records are in order, here are some points to consider:

• Although it is not necessary to document the new forms of identification, most employers, for payroll purposes (not for the I-9 Form), will require a copy of the new social security card.
• It is important for employers to make sure payments are made to the legal name on an individual’s social security card to ensure their W-2 is correct and there are no mismatches.
• For purposes of the I-9 Form, an employer must make a reasonable attempt to ensure the name change is appropriate by requesting a copy of a marriage license, a divorce decree, or even a letter from the employee’s religious representative if necessary.

In instances other than a legal name change, the USCIS recommends that a new I-9 Form be completed. One example could be if an employee notifies the employer that they have a different identify than what was completed on their I-9. In this instance, employers should have the employee complete a new I-9 Form. The employer will continue to use the original hire date on the new form and attach the new I-9 Form to the previously completed I-9 with a written explanation of the change.

Frequently asked questions about I-9s

We have found that our clients often have several questions about I-9 Forms and how to handle different situations. So, in case you find yourself facing similar challenges, here are a few articles that we have written to address I-9 FAQs:

• How to Handle Missing or Incorrect I-9 Forms
• How to Conduct an Internal I-9 Audit
• How to Store I-9s Electronically and Remain Compliant

If you have more questions concerning I-9 Forms, review the USCIS Employers Handbook for completing Form I-9.

Thank you to Patti Dunham, MBA, MA, SPHR, SHRM-SCP, Director of Business Strategy and Quality, for contributing to this HR Question of the Week.

Employment recordkeeping doesn’t typically rank high on the list of favorite human resources functions, but it is vitally important. Take the I-9 Form for example. Failure to complete this form for a new employee could result in a series of fines. Avoid the fines and minimize your stress level by having Clark Schaefer Strategic HR assist with your recordkeeping compliance. Visit our HR Compliance & Recordkeeping page to learn more about our services.