Updating your name and social security number at work
It is common for workers without proper work permits to use a false name and social security number to obtain a job in the United States. This guide is intended to help provide the legal background for what your options are to update your information at work once you adjust status.
Should you update your name and social after adjustment of status?If you provided a false name and Social Security Number when you were hired, your employer may have the right to fire you, if it wishes to do so. According to the United States Citizenship and Immigration Services (USCIS) Employer Handbook LINK: www.uscis.gov/sites/default/files/files/form/m-274.pdf, even if you gave your employer a false identity when hired, the employer is not required to fire you.
However, the handbook does state that the employer can follow its own policy in making a decision about your employment as long as it has enforced the policy consistently for all workers (Handbook for Employers (M-274) Rev. 04/30/2013 N page 25).
For example, most employers have a policy addressing dishonesty in the workplace. Under this policy, an employer could decide to fire an employee who provides a new name and Social Security Number because the employee was dishonest.
Before deciding on a course of action, take a look at your employer's written employee policies (your employment handbook, if you received one). Find out what policies could relate to dishonesty in the workplace. If your employer does have policies related to dishonesty, it is possible that it may fire you if you attempt to update your name and Social.
Your legal rights will vary depending on where you liveYou may also have additional rights depending on what state you live in, so it would be helpful to check to see whether your state provides protection for updating your name and Social Security Number with your employer.
Keep in mind that USCIS will not notify your employer that you have received a new work permit, so the employer will most likely find out about it only if you inform the employer of the change.