Do I need to update or reverify Form I-9 when an employee has a name change?

You are not required to update Form I-9 when an em­ployee changes his or her name. However, USCIS recom­mends 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 an employee present you with documentation to show that the employee has changed his or her name. However, you may take steps—such as asking the employee for the basis of the name change—to be reasonably assured of the employee’s identity and the veracity of the employee’s claim of a name change. If provided by the employee, you may ac­cept evidence of the name change to keep with Form I-9, so that your actions are well-documented if the govern­ment asks to inspect your Forms I-9.

For E-Verify employers:

• USCIS recommends that you encourage your em­ployees to record their legal name change with the Social Security Administration to avoid mismatches in E-Verify.
• Federal contractors who are subject to the FAR E-Verify clause and who choose to verify existing employees by updating existing Forms I-9 have spe­cial rules pertaining to when they must complete new Forms I-9. Under this option, a new Form I-9 must be completed when an employee changes his or her name. For more information, see the E-verify Supplemental Guide for Federal Contractors