Q - When filling out the I-9 Form, can an employer accept documents that establish identity (a list B document) and work authorization (a list C document) for an employee with one document in her maiden i.e, single, married or divorced name, and one document in a different name, e.g. her married, single or divorced name?
Thank you for your e-mail dated March 22, 2007, asking if OSC is aware of any guidance that differs from the information posted on your website, www.i-9help.com, regarding whether an employer can "accept documents that establish identity (a list B document) and work authorization (a list C document) for an employee with one document in her maiden i.e., single, or married name, and one document in her married or divorced name?" http://www.i-9help.com/
Although we are unaware of any guidance published by the U.S. Department of Homeland Security (DHS) or any other federal agency specifically addressing this issue, the following information may be relevant to your inquiry. The Form I-9 allows an employee to enter both her current and maiden name in Section 1 of the form. However, employees should report any name change due to marriage, adoption, divorce, et cetera, promptly to the Social Security Administration. According to guidance provided by the Internal Revenue Service, the employee "must complete the Form SS5, Application for a Social Security Card to have the change made on their social security record. Form SS5 and additional information is available on the web at www.socialsecurity.gov. They can also call 1-800-772-1213 or visit a local social security office." http://www.irs.gov/businesses/small/article/0,,id=155246,00.html. In addition, an employee may request a receipt verifying his or her name change at a local social security office.
As you know, DHS’ Office of United States Citizenship and Immigration Services (USCIS) is the federal agency responsible for promulgating regulations pertaining to the Form I-9. Therefore, if you have not already done so, you may wish to contact the USCIS Office of Business Liaison for further information at 1-800-357-2099, or via facsimile at (202) 272-1865. Regarding the use of receipts, for example, the USCIS Office of Business Liaison published an October 7, 2005, document titled, "The Form I-9 Process in a Nutshell," explaining when an employee may submit "receipts showing that they have applied for initial applications for documents or for applications for extension of documents." http://www.uscis.gov/files/article/EIB102.pdf
We hope this information is helpful to