Log in to view your state's edition
You are not logged in

I-9 form employee gets married

Last post 03-24-2010, 3:27 PM by dhall111. 10 replies.
Sort Posts:
  •  02-18-2010, 10:49 AM 9912

    Sharon is not online. Last active: 04-11-2013, 3:17 PM Sharon



    Top 500 Contributor



    Joined on 05-30-2008



    Posts 5



  • I-9 form employee gets married

    Hi,

     I need help regarding the I-9 form.  If an employee gets married do we need to fill out the I-9 again with the new name? 

     

    Your help is greatly appreciated.

     

    Angie

  •  02-18-2010, 1:57 PM 9915 in reply to 9912

    SFbay is not online. Last active: 04-23-2010, 9:44 AM SFbay



    Top 10 Contributor



    Joined on 01-11-2007



    Posts 158



  • Re: I-9 form employee gets married

    We use the current valid I-9 Form but

    1. Put a line through old name (we do not erase the old name),

    2. Print the new name and the reason for the change (marriage, divorce, etc),

    3. Date and Initial the changes

     

  •  02-18-2010, 2:12 PM 9916 in reply to 9912

    Sharon is not online. Last active: 04-11-2013, 3:17 PM Sharon



    Top 500 Contributor



    Joined on 05-30-2008



    Posts 5



  • Re: I-9 form employee gets married

    Thank you very much.

     

    Just one more question, do we have to change it?

     

    Thanks again,

     

    Angie

  •  02-18-2010, 3:34 PM 9919 in reply to 9916

    TXHRGuy is not online. Last active: 05-23-2013, 4:36 PM TXHRGuy



    Top 10 Contributor



    Joined on 11-20-2007



    Posts 1,591



  • Re: I-9 form employee gets married

    You will need to verify the new name in section 3 of the form or have them fill out a new I-9.  Keep the two docs together if you have them fill out a new one.
  •  02-26-2010, 9:20 AM 9944 in reply to 9919

    4429354 is not online. Last active: 08-12-2013, 10:06 AM 4429354



    Top 75 Contributor



    Joined on 03-26-2009



    Posts 25



  • Re: I-9 form employee gets married

    I checked with the United States Citizenship and Immigration Services on this issue. If an employee changes their name due to marriage, divorce, etc you are not required to change their I-9 form. If you choose to do so, this needs to be done in Section 3.
  •  02-26-2010, 8:02 PM 9947 in reply to 9944

    TXHRGuy is not online. Last active: 05-23-2013, 4:36 PM TXHRGuy



    Top 10 Contributor



    Joined on 11-20-2007



    Posts 1,591



  • Re: I-9 form employee gets married

    4429354:
    I checked with the United States Citizenship and Immigration Services on this issue. If an employee changes their name due to marriage, divorce, etc you are not required to change their I-9 form. If you choose to do so, this needs to be done in Section 3.

     

    Because you shouldn't be changing their name in your payroll system without seeing a social security card with the new name, you may as well get it all done at once.  I would never permit I-9s to sit in the active file with the wrong name because of the problems that can create in the future.  What the employer's handbook says is:

    "Section 3, Updating and Reverification
    Employers must complete Section 3 when updating and/or reverifying Form I-9. Employers must reverify employment authorization of their employees on or before the work authorization expiration date recorded in Section 1 (if any). Employers CANNOT specify which document(s) they will accept from an employee.
    A. If an employee's name has changed at the time this form is being updated/reverified, complete Block A."

    That leaves it open to when you choose to update/reverify.  Given that you will see a document for payroll, you may as well use it for I-9 as well.

  •  02-26-2010, 8:03 PM 9948 in reply to 9947

    TXHRGuy is not online. Last active: 05-23-2013, 4:36 PM TXHRGuy



    Top 10 Contributor



    Joined on 11-20-2007



    Posts 1,591



  • Re: I-9 form employee gets married

    Here's where you can get the handbook for employers.  They have moved this thing around a lot over the years:

    http://www.uscis.gov/files/nativedocuments/m-274.pdf

  •  03-02-2010, 9:53 AM 9954 in reply to 9948

    Sharon is not online. Last active: 04-11-2013, 3:17 PM Sharon



    Top 500 Contributor



    Joined on 05-30-2008



    Posts 5



  • Re: I-9 form employee gets married

    Thank you all so very much.
  •  03-19-2010, 1:55 PM 9979 in reply to 9912

    dhall111 is not online. Last active: 04-01-2011, 2:09 PM dhall111



    Top 10 Contributor



    Joined on 02-26-2007



    Posts 128



  • Re: I-9 form employee gets married

    You DO NOT use Section 3 to update a name change.  Section 3 is only used for reverifying employment eligibility or for rehired employees.  Section 3 is never used for US citizens or permanent residents. 

     

    This booklet from USCIS explains it pretty well - http://www.uscis.gov/files/nativedocuments/E3eng.pdf - see the top of page 2

     

     

  •  03-19-2010, 4:13 PM 9981 in reply to 9979

    TXHRGuy is not online. Last active: 05-23-2013, 4:36 PM TXHRGuy



    Top 10 Contributor



    Joined on 11-20-2007



    Posts 1,591



  • Re: I-9 form employee gets married

    That differs from what I was told at an I-9 seminar led by a DOJ agent, before it became UCIS and I-9 became serious business for the fed, again.  Because the form could only be changed by an act of Congress back then, there were all sorts of things one had to do to get around problems with the form (including things like the directions listing documents that were not permitted and not listing documents that were permitted as those changed over time).  Do you have equivalent documentary authority as to how a name change should be handled on the I-9?

     

    My personal experience is that it's a pain to have I-9s filed under former names of current employees.  I would continue to verify the new name in Section 3 and write the name at the top of the form, put a stripe of highlighter across it, and file it in the correct file under the new name.

  •  03-24-2010, 3:27 PM 9986 in reply to 9981

    dhall111 is not online. Last active: 04-01-2011, 2:09 PM dhall111



    Top 10 Contributor



    Joined on 02-26-2007



    Posts 128



  • Re: I-9 form employee gets married

    I disagree about using Section 3 for name changes.  that is not the purpose of Section 3 and it should not be used for that. It is just as wrong as putting List A documents in the List C section.

    I don't have a cite for how to handle a name change, because there is no actual method to do so on the I-9 form.  USCIS has told me on several occasions (as did the DoL auditor out here who reviewed the I-9s) that there is not a place on the form for that.  If someone changes their name it doesn't change their eligibility to work.  And it doesn't change their identity - they're still the same person.  All of them have told me to simply note the new name on the form and attach a note as to why a name change was noted on the form.  Then file it under the new name.  What I also do is slip into the binder in the place of the spot where the old form was a plain sheet of paper with the old name on it and a "see Jane Doe" on it - so if an auditor comes in and is looking at old information we can still find the correct I-9.

View as RSS news feed in XML
Use of this site constitutes your agreement to the terms and condition specified in the HR.BLR.com Forum Agreement