Thanks for reaching out. In short, the old company name is fine. Unless you need to make corrections to an I-9 for another reason, there is no need to change each I-9 just for the company name. USCIS does not breakdown the answer to your questions specifically. But, they get close. Taking their comments into consideration, they do not instruct that the company name be updated for Option B.
Here is what USCIS says on the matter:
Employers who have acquired or merged with another company have two options:
Option A: Treat all acquired employees as new hires and complete a new Form I-9 for every individual. Enter the effective date of acquisition or merger as the employee’s first day of employment in Section 2 of the new Form I-9.
If you choose Option A, avoid engaging in discrimination by completing a new Form I-9 for all of your acquired employees, without regard to actual or perceived citizenship status or national origin.
Option B: Treat all acquired individuals as employees who are continuing in their uninterrupted employment status and retain the previous owner’s Form I-9 for each acquired employee. Note that you are liable for any errors or omissions on the previously completed Form I-9.
Employees hired on or before Nov. 6, 1986, who are continuing in their employment and have a reasonable expectation of employment at all times are exempt from completing Form I-9 and cannot be verified in E-Verify. For help with making this determination, see 8 CFR 274a.2(b)(1)(viii) and 8 CFR 274a.7. If you determine that an employee hired on or before Nov. 6, 1986 is not continuing in their employment or does not have a reasonable expectation of employment at all times, the employee may be required to complete a Form I-9.
USCIS does recommend that employers self-audit their I-9s and fix all issues found. If you are fixing other issues on an I-9, correcting the company name would also be recommended.
December 2017
Tag: I9, I-9, name change, company name change
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