Bottom Line:
No new I-9 is triggered for a name change.
Best practice is to update the existing I-9 (on the form itself or via Supplement B) and note how you verified the name change.
USCIS / DHS Guidance
Employers are not required to update or reverify Form I-9 when an employee’s name changes (e.g., marriage, divorce, court order).
However, USCIS recommends that employers keep Form I-9s accurate by updating them. This is best practice but not legally mandatory.
Practical Reason to Update
During an ICE audit, discrepancies between payroll, tax records, and I-9 names can raise questions. Having the I-9 updated helps show the employer acted in good faith and maintained accurate records.
This policy establishes the procedure for documenting employee name changes to maintain accurate and compliant Form I-9 records.
1. Policy Statement
A legal name change (e.g., due to marriage, divorce, or court order) does not trigger a new Form I-9 or reverification of employment authorization. However, it is ZipID policy to maintain accurate records by updating Form I-9s when notified of an employee’s name change.
2. Procedure
When an employee reports a legal name change:
Employee Notification
The employee should provide HR with notice of the name change.
Supporting documentation (e.g., updated Social Security card, driver’s license, or marriage certificate) may be requested for recordkeeping purposes.
Updating the I-9
HR should update the existing Form I-9 by either:
Crossing out the old name, entering the new legal name, and initialing and dating the change, or
Recording the name change in Supplement B, Section 3 – “Other Information.”
Retention of Documentation (Best Practice)
Retain a copy of the employee’s updated identification or legal documentation with the I-9 file.
This is not legally required but demonstrates good faith compliance in the event of an audit.
3. No Reverification Required
A name change does not affect an employee’s work authorization. Reverification is only required if the employee’s employment authorization or documentation expires.
4. Audit Protection
Maintaining accurate I-9s, including documenting employee name changes, reduces the risk of compliance issues during a government audit or inspection.
✅ Key Takeaway:
ZipID requires that all employee name changes be updated on Form I-9 records to ensure consistency with payroll, tax, and personnel records, even though federal law does not mandate it.