Name changes and Form I-9: what to record, when it is required, and the E-Verify side

A name change touches Form I-9 in three different ways, and each has its own rule. A new hire may present documents in two different names. A current employee may legally change their name through marriage, divorce or a court order. And occasionally an employee reveals that the name they were hired under was not theirs at all. USCIS treats these very differently, and E-Verify adds a fourth concern: making sure the Social Security Administration's records catch up.

The three situations at a glance

At hire: documents in more than one name

The M-274 addresses the common case directly. A new hire enters her married name in Section 1, presents one document in that name and another in her previous name, and explains that she recently married. USCIS's answer is that you may accept a document with a different name from Section 1 if the document reasonably relates to the employee. You may attach a brief memo to the Form I-9 explaining the discrepancy, along with any supporting documentation the employee chooses to give you.

Two limits apply. First, the employee may provide documentation of the name change, but is not required to; asking for a marriage certificate as a condition of accepting an otherwise acceptable document goes beyond the rules. Second, if the document does not reasonably appear genuine or to relate to the employee, you may ask for other documents from the lists, but the employee still chooses which.

Small spelling variations follow the same logic. If a name is spelled slightly differently on a document and the employee has a reasonable explanation, USCIS says the document is acceptable if it otherwise reasonably appears genuine and relates to the person. Section 1 also has an "Other Last Names Used" field, where the employee lists previous last names such as a maiden name, which helps the form explain itself later. See Form I-9 Section 1 instructions.

During employment: legal name changes

When a current employee legally changes their name, Section 6.3 of the M-274 sets two levels of obligation:

• Required when the change comes up during a reverification or a rehire. Enter the new legal name in the New Name fields of the Supplement B block you are completing.
• Recommended at any other time. USCIS recommends updating the New Name fields on Supplement B as soon as you learn of the change, so the form stays accurate.

To record a name change by itself, without a reverification or rehire:

1. Use a block of Supplement B attached to the employee's existing Form I-9, or a new Supplement B page if the earlier blocks are used. Write the employee's full name from the original form at the top.
2. Enter only the part of the name that changed. If only the last name changed, fill in the Last Name field and leave first name and middle initial blank.
3. Enter your name, and sign and date the block.

USCIS says you should take steps to make sure the change is accurate, which may include asking for legal documentation such as a marriage certificate, and keeping a copy with the Form I-9 for inspection. Note the difference from hire: once the employee is asking you to change your records, you can ask for proof that the change is real. A name change alone does not trigger reverification, and the employee does not present new I-9 documents unless a reverification or rehire is happening at the same time. See I-9 reverification.

Federal contractors are the exception. Contractors subject to the FAR E-Verify clause who choose to verify existing employees by updating already-completed forms must complete a new Form I-9 when an employee changes their name. E-Verify's supplemental guide for federal contractors has the details.

When the identity, not just the name, was different

Sometimes an employee says, or you have reason to believe, that the identity they used on Form I-9 is not their own. The M-274's example is an employee who worked under a false identity, has since obtained work authorization in their true identity, and wants to regularize their records. USCIS's instructions:

1. Complete a new Form I-9 in the employee's true identity.
2. Enter the original hire date in Section 2.
3. Attach the new form to the previously completed form, with a written explanation.
4. If you use E-Verify, create a case to confirm the new form's information.

USCIS also says that where the employee demonstrates current work authorization, Form I-9 rules do not require termination, while noting that other laws, contracts and company policies may apply, and that the INA prohibits discrimination based on citizenship, immigration status and national origin. This is a situation for counsel, not a template.

The E-Verify side: keep SSA in step

E-Verify checks Form I-9 information against Social Security Administration and DHS records. A name change that never reached SSA is one of the reasons E-Verify lists for an SSA mismatch, so the practical advice from USCIS is that employees should record a legal name change with SSA. A few points for E-Verify employers:

• No new case for a legal name change. The M-274 says that if you do not complete a new Form I-9, you should not create a new E-Verify case. Updating Supplement B is not a new form.
• New hires who just changed their name. If the new name is not yet in SSA's records, the case may return a mismatch. That is a normal tentative nonconfirmation process; the employee is told and can contact SSA. See E-Verify tentative nonconfirmation.
• Punctuation matters. E-Verify's guidance for employees is to include apostrophes and hyphens that are part of their legal name when completing Section 1, and to tell SSA about a name change.
• Name review. E-Verify sometimes returns "Employment Authorized" with a name in DHS records that does not exactly match the form. The user manual's process is to compare the two and, if they do not match, request a name review, and not to use that function in a discriminatory way.

A worked example

The facts are illustrative. Priya Shah is hired in 2024, presents a U.S. passport and completes Form I-9. In March 2026 she marries and tells HR her legal name is now Priya Shah-Morales. HR adds a Supplement B block to her existing form, writes "Priya Shah" at the top, enters "Shah-Morales" in the New Name Last Name field, leaves the first name blank, and signs and dates it. HR asks for her marriage certificate and keeps a copy with the form. Because her passport is a U.S. passport, nothing needs reverifying, and no E-Verify case is created. HR suggests she update her name with SSA before her next E-Verify-related event, such as a future rehire.

Common mistakes

For other corrections, including who may change which section, see the most common Form I-9 mistakes.