12/18/2024

The Parameters Impacting a New I-9 Form and a Name Change

What you should know to remain compliant

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 U.S. 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.

Please select this link to read the complete article from Clark Schaefer Strategic HR.