Updating Form I-9

The city is not required to update Form I-9 solely because an employee legally changes their name. However, USCIS recommends that employers maintain accurate Form I-9 records. When the city learns of an employee’s legal name change, it may document the change by completing a block of Supplement B, Reverification and Rehire and retaining it with the employee’s original Form I-9.

To record a legal name change without a rehire or reverification, the city should:

• Enter the employee’s new legal name in the applicable New Name fields on Supplement B.
• Enter the name of the city representative completing the supplement.
• Sign and date the applicable Supplement B block.
• Retain the completed Supplement B with the employee’s original Form I-9.

The city should enter only the portion or portions of the employee’s name that changed. For example, if only the employee’s last name changed, the city should record only the new last name.

Documentation for Name Changes
Form I-9 rules do not require an employee to present documentation of a legal name change. The city should not routinely require a marriage certificate, court order, amended Social Security card, or other supporting document solely to update Form I-9.

However, the city should take reasonable steps to be satisfied that the employee’s identity and reported legal name change are accurate. If the change calls into question whether the previously presented Form I-9 documents reasonably relate to the employee, the city may request documentation that links the employee’s former identity to the new identity and retain that documentation with the Form I-9.

Material Identity Changes
A different procedure applies if an employee informs the city that the employee’s name, date of birth, or Social Security number is substantially different from information previously provided on Form I-9 and cannot provide evidence connecting the new information to the identity previously used.

In that circumstance, the city should:

• Complete a new Form I-9.
• Enter the employee’s original hire date in the “Employee’s first day of employment” field in Section 2 of the new Form I-9.
• Attach the new Form I-9 to the previously completed Form I-9.
• Include a brief written explanation for completing the new Form I-9.

Rehire and Reverification
Do not use a name-change update to document a rehire or reverification.

For a rehire within three years of completion of the employee’s prior Form I-9, the city may complete a new Form I-9 or use Supplement B. For reverification of time-limited employment authorization, the city must use Supplement B and examine an unexpired List A or List C document; List B identity documents are not reverified.

If the employee presents different evidence of employment authorization but the employee’s Section 1 identifying information has not materially changed, the city should examine the documentation to determine whether it reasonably appears genuine and relates to the employee. If it does, the city should complete the reverification portion of Supplement B and retain it with the prior Form I-9.