Updated: Feb 17, 2021
So, your employee got married and they want to update their name on all documents?
Clients often have questions about the lesser used portions of the Form I-9, including how to use Section 3 to show an employee’s name change. This usually comes up when employees get married and wants to update all of their HR documents to reflect their new name. So, what do you do?
For a name change, Section 3, Part A of the Form I-9 should be completed. If the employee was hired before the current Form I-9 was issued, make sure to use the newest version of the Form’s Section 3. USCIS has given us guidance that anytime we have a new form I-9, the new form’s Section 3 should be used.
To update the name on the I-9, the employee will need to present a new/updated identity document, which will be either a List A or List B document. The employer will need to make a copy of the document (front and back) for the I-9 record. The employer should sign and date the day the document was presented and add it to the employee’s I-9 record.
Updating Section 3:
The employer will then record the employee’s new name in Section 3, Part A and sign, date, and record their full name at the bottom of Section 3. If a new Section 3 is used to update the employee’s name, then record the employee’s name at the top of Page 2 of the Form I-9, write “For Section 3 purposes only” at the top margin, and fill out Section 3 accordingly.
For other tips on how to use Section 3 and update the Form I-9, please read about Rehires and Frequently Asked Questions. For more comprehensive I-9 Training, including answers to your specific questions by business immigration attorneys, register for an In-Person Training or Webinar today.
Danielle Atchison, Business Immigration Attorney MDIVANI CORPORATE IMMIGRATION LAW FIRM 7007 College Blvd., # 460, Overland Park, KS 66211 USA Phone :: 913.317.6200 Email :: DAtchison@uslegalimmigration.com