When Does An Employee’s I-9 Form Need Updated?

Question:

I have an employee who was recently married and changed her name.  Does she need to complete a new I-9 form with her new name?

Answer:

When an employee changes their name (legally) employers are not required to complete a new I-9 form.  The US Citizenship and Immigration Services recommends that employers note the name change in Section 3 of the form.  To make sure your records are in order, here are the points to consider:

  • It is not necessary to document the new forms of identification but 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 or a divorce decree or even a letter from the employee’s religious representative if necessary.

If you have more questions concerning I-9 forms, visit the U.S. Citizenship and Immigration Services (USCIS) Employers Handbook for completing Form I-9.

 

Employment recordkeeping does not 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 on a new employee could result in a series of fines. Avoid the fines and minimize your stress level by having strategic HR inc. assist with your recordkeeping compliance. Visit our Recordkeeping page to learn more about our services.