Earlier this year the U.S. Department of Homeland Security revised their Form I-9, which is used right after a new employee is hired to verify their eligibility to work in the United States. Numerous changes were made with that revision, one of which is there is a field that asks for any other names you've used (previously they asked for only a "maiden name" which is generally assumed to only refer to a name changed due to marriage). This may pose an issue for trans people who do not wish to be out at work if they're forced to provide their pre-transition name.

Before I prepared this post I did some searching to see if this issue had been highlighted elsewhere. I couldn't find anything as it pertains to the trans community, but there is confusion going around in other circles about the revised field; obviously a last name changed for marriage or other reason as an adult must be entered, but it's ambiguous as to whether or not they want names like nicknames, pseudonyms used in an official capacity, or names changed due to an adoption as a child entered (and the field is the same size as before, assuming one former last or other "word" of a name would be entered there; another concern that others addressed was that if they tried to cram too much in that would affect legibility). As I said if they want given names changed due to a gender transition entered that poses a serious problem for the trans community, especially since employers must retain the form for the duration of the employee's time there (plus a certain amount of time afterwards) and thus if someone were to look through the forms years from now that could lead to outings (so it's different than for example a security investigation where once the authorized personnel do the check they can destroy any documents indicating the employee's former identity).

The purpose of providing the space on the form is to allow an employee to list a name that may be different from their current legal one that may appear on the documents being used in the process (e.g. the name on your birth certificate if that's being used). However, if that field is interpreted to be a "mandatory" one that poses needless problems for those who aren't using documents in their former name. (If you have obtained a U.S. passport in your new name/gender, or have a Social Security card or birth certificate plus a driver's license or other state ID in your new name/gender, then you have sufficient documentation to prove your status without using documents under your old name.) Thus the only practical reason to ask for other names you've used is to enable a match-up of documents, and if they ask for such names when not appearing on any presented documents then that poses issues with being outed that would otherwise be avoidable.

Fortunately DHS posted an easily visible e-mail address on their site where questions can be sent to about the form:
i-9central@dhs.gov
When I contacted them before for another matter (as is often the case when you first contact a government agency) the only reply I got was from a "boilerplate" response system, but if we can get numerous members of the trans community to contact DHS about this issue maybe we can get some kind of tangible response. (Since anyone who lives and works in the U.S. is affected by this anyone who fits that definition is qualified to make this contact.) Thus I encourage any U.S. members on here to contact DHS about this, and you're welcome to spread the word to any other trans-folk you know to do the same.

Edited for an omitted word.

Further reading: http://en.wikipedia.org/wiki/I-9_%28form%29

If anyone's sent an e-mail as described and got some kind of "non-machined" (i.e. not a "cookie-cutter" reply or a verbatim copy-and-paste from their pre-existing instructions) response please let us know the results! Remember since this is something that could affect any transpeople (and some others like I mentioned in the OP) who work in the United States feel free to spread the word on contacting the USCIS/DHS so maybe we can use strength in numbers to make this work to our advantage.

I ran onto a file (when doing an Internet search) which describes a discussion that took place last year when the USCIS made plans for the form revision. The reason they cited for changing the field to ask for all other names used is because people frequently forget to report name changes to the SSA, which for employers using E-Verify causes a mismatch, and if they know the previous name that makes sorting out the issue quicker. In addition it is not uncommon to have records under multiple names if for example you (or your parents) did a "common law" name change (before the SSA was more stringent on what qualifies as evidence to change your name), and the title change to the field makes it easier to explain such differences. (I've heard several cases before people were insistent on everything matching where one's birth certificate shows one name, but they were for example later registered for school under another name and simply continue to use the informally-changed name. When it comes time to do something requiring your birth certificate, like applying for a passport, this usually requires some additional proof/hassle.)

While the changes probably make delays less likely and mismatches easier to resolve for most people who've used a different name, as I've said the revised field poses a problem for transgender people's privacy who've changed over all the important documentation if the USCIS sees it as "mandatory" even if you have no reason to mention your prior name. This is why I suggested transgender people let them know about this problem using the e-mail address in the OP. Remember to let us know the results if you get a meaningful reply!

I decided to get back with DHS and see if I could get this issue worked out. Unfortunately I'm now being subjugated to a typical government run-around and dealing with bureaucracy; when I sent an e-mail they then said I needed to contact Immigration and Customs Enforcement (ICE) at www.ice.gov with issues regarding my inquiry about the applicability and exceptions to questions like the one this topic is about (edit: DHS said they couldn't do anything but basically repeat what the printed directions say, which is of course no help to this case). ICE, unlike DHS, does not have a clear-cut way to contact them about the issue so I'm playing around trying to get through to them.

At this time I have my fingers crossed that I can even successfully get through to someone about this, and hopefully I'll get a favorable decision in the end (getting at least an official word that would exempt trans* people and other "sensitive groups" from having to provide their former name in that space if their SSA record and other documents to be presented have all been changed over).

I finally got a word in from DHS about this whole I-9 issue, and here's the outcome (neither totally "favorable" or "unfavorable" for the TG community):

On one hand my goal was not accomplished because I could not manage to get any official word on cases like transgender people on whether they can exclude mentioning their former name or not. On the other hand, it appears that they're more interested in trying to avoid failed verifications because your records may be under different names vs. penalizing people for omitting something irrelevant (like some TGs fear when an employer asks a similar question on a job application, and I created a post to help us determine when the former vs. latter cases apply here). This is inferred because although they recommend if you haven't had any other legal names to put "N/A" in the field they don't require it (like they do for some other fields that don't apply in the individual's case) - similar to their requirement for your e-mail address or telephone number (asked more for convenience in case issues come up rather than an absolute requirement). Here's a copy-and-paste from the final reply:

QuoteThe only guidance available regarding this situation is the guidance set forth in the Form I-9 Instructions which state to 'Provide all other names used, if any (including maiden name). If you have had no other legal names, write N/A.' Follow the guidance set forth in the Form I-9 Instructions when determining if an N/A is required. The instructions state when an employer or employee may use N/A or must use N/A. Required fields must be completed with either the information requested or N/A. Failing to provide a response in a required field may be considered a verification violation.

N/A is not required but recommended in the Middle Initial, Other Names Used, Apt. Number, E-mail Address and Telephone Number fields on the Form I-9.

Based on all that, here's probably the best way to proceed if you don't want to out yourself: When you fill out and submit the I-9 form, simply leave the "Other Names Used (if any)" field blank (unless you've had another name change post-transition, like if you changed your mind on your name or got married*), or put down an "alternative" response like I suggest for the job application when you have no records under the former name (see the link I mentioned earlier in this post). If someone asks you further, and you have a new/amended birth certificate reflecting your new name (not necessarily your gender, if you live were born in one of those "backwards" states that won't change that), mention that there was a name change to your BC and all documents that you'd need to present are under that name - usually they wouldn't care at that point.

*Another point is the field is limited in size (the same size as when it just asked for a "maiden name"), and there are no provisions for if you can't fit every name you've used into the field, so it appears that they're mainly interested in what other names your records are or are likely to appear under and not an exhaustive history of your legal name(s). Indeed, unless your former full name was short in length, you might not be able to fit it all in (the field being designed to accommodate a last name or two, since their main concerns are married/divorced women that have not synchronized all their records or have a birth certificate in their maiden name, and those who may have some records under a nickname/shorter form of their first name and others under a longer form or under a mix of their first and middle names if they go primarily by the latter). This may provide another option without outing yourself if you changed your last name when transitioning (mentioning just your former last name, which would probably work excellently for transwomen). Likewise for MTFs if their male first name is also a common last name they could put just that down and it'll probably assumed to be a former last name without question, or any transpeople who may have used a unisex name or nickname at some point.

The main caution is if the employer uses E-Verify and your SSA record is not under your new name and you put that name down as yours, you will face problems (and could possibly be barred from working while the issue is resolved) - which putting down an alternate name the record may be under allows such issues to be solved more quickly.