Name Change
If the employee has a legal name change, for instance in the event of a marriage or divorce, the employer may use this section to update their information. The employer is not required to update this information, however USCIS recommends that all information on the Form I-9 be kept current.
The employee is not required to provide proof of a legal name change, however USCIS recommends that the employer request updated identification as the employer may not be able to rely on the previously provided documentation. The employer should keep a copy of this new documentation on file with the original Form I-9 to explain any discrepancies in the employee’s information in the event of a government inspection.

If an employee informs you that any of their identifying information on their original documentation has substantially changed (name, date of birth, Social Security Number), and the employee is unable to provide documentation linking the new information to their previous documentation, the employer must complete a new Form I-9. Write the original hire date in Section 2 where the form asks for the first date of employment and attach the original Form I-9 to the new one.

If the employee’s identification information has not substantially changed, but the employee has provided a different proof of work authorization, the employer should examine the new documentation and provide the updated information in Section 3.

The employer must sign and date the attestation in Section 3.

Rehires
If an employee has left the company’s employ and is rehired within three (3) years of the date that the Form I-9 was originally completed, the employer may update the existing Form I-9 by adding the employee’s date of rehire. This should be the first date the employee performs any work for wages, and may be a future date. If an employee is rehired more than three (3) years after they have left the company’s employ, then the employer and employee must complete a new Form I-9.
If any of the employee’s work authorization documents have expired, the employer must also complete the reverification (see below) to determine that the employee is still eligible to work in the US.

The employer must sign and date the attestation.

Reverification
An employee’s documentation must be reverified if their work authorization has expired. Work authorization documentation includes any document from List A (identity and work authorization) or List C (work authorization). Documents from List B verify identity only and do not require reverification when they expire.
Employers also do not need to reverify US citizens or noncitizen nationals, or lawful permanent residents who presented a Form I-551, Permanent Resident or Alien Registration Receipt card for their initial verification in Section 2. This includes conditional residents.
To determine if and when an employee’s work authorization requires reverification, check the date listed in Section 1 as the date their employment authorization expires AND the date that their employment authorization document expires, listed in Section 2. You may find that the employment authorization date and the document expiration date do not match. In this case, you must reverify the employee by whichever is the earlier expiration date.
USCIS recommends that employers give employees a 90-day warning when their authorization is due to expire to give them enough time to provide updated documentation.

Please Note: If an employee has a Form I-765 (Application for Employment Authorization) pending with USCIS, and the application has been pending for 75 days or more, the employee may call the National Customer Service Center or schedule an InfoPass appointment at a local office to request expedited processing.