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Updating Form I-9

Reference Number: MTAS-2022
Reviewed Date: 12/21/2022

To update the I-9 form, the employer must

  • Record the date of rehire and the employee's name, if applicable:
  • Sign and date Section 3; and
  • If updating on a new Form I-9, write the employee's name in Section 1.

You are not required to update Form I-9 when your employee has a legal change of name. However, it is recommended that you maintain correct information on forms I-9 and note any name changes in Section 3. form I-9 regulations do not require that employee present documentation to show that they have changed their name. You should take steps to be reasonably assured your employee's identity and the accuracy of tour employee's legal name change. Such a change may call into question your continued ability to rely on the documents presented by your employee in their previous name as reasonably relating to them. These steps may include asking the employee to provide documentation of the legal change of name to keep with Form I-9, so that your actions are well-documented if the government asks to inspect your Form I-9.

You may encounter situations other than a legal change of name where an employee informs you that their identity is different from that previously used to complete Form I-9. If your employee informs you that their name, date of birth, or Social Security number is substantially different from that previously provided on form I-9, and is unable to provide evidence linking the new information to the identity previously used, you should:

  • Complete a new Form I-9.
  • Write the original hire date in "The employee's first day of employment (MM/DD/YYYY)" space, and attach the new Form I-9 to the previously completed Form I-9.
  • If the Section 1 information has not substantially changed but the employee has offered different evidence of work authorization, then you should examine the documentation to determine if it appears to be genuine and to relate to your employee presenting it. If so, complete Section 3 of the previous Form I-9.