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[Federal Register Volume 76, Number 89 (Monday, May 9, 2011)]
[Notices]
[Pages 26738-26746]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-11291]

[[Page 26738]]

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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2011-0030]

Privacy Act of 1974; Department of Homeland Security/United 
States Citizenship and Immigration Services--DHS/USCIS-011 E-Verify 
Program System of Records

AGENCY: Privacy Office, DHS.

ACTION: Notice of Privacy Act system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, the Department of 
Homeland Security proposes to update and reissue a current Department 
of Homeland Security system of records titled ``Department of Homeland 
Security/United States Citizenship and Immigration Services--011 E-
Verify Program System of Records.'' The United States Citizenship and 
Immigration Services E-Verify Program allows employers to check 
citizenship status and verify employment eligibility of newly hired 
employees. The Department of Homeland Security is updating this Privacy 
Act System of Records Notice for the E-Verify Program in order to 
provide notice that E-Verify is: (1) Adding a new category of records 
derived from participating Motor Vehicle Agencies' systems through the 
American Association of Motor Vehicle Administrators Network; (2) 
adding a new category of records derived from individual employees 
subject to employment verification; and (3) changing the verification 
process to include the validation of information from a driver's 
license, driver's permit, or identification card from a state or 
jurisdiction that has signed a Memorandum of Agreement with the 
Department of Homeland Security under the Records and Information from 
Departments of Motor Vehicles for E-Verify program. These changes are 
more thoroughly spelled out in an accompanying E-Verify Privacy Impact 
Assessment update, which is found on the Department of Homeland 
Security Privacy Web site (http://www.dhs.gov/privacy). This updated 
system is included in the Department of Homeland Security's inventory 
of record systems.

DATES: Submit comments on or before June 8, 2011. This updated system 
will be effective June 8, 2011.

ADDRESSES: You may submit comments, identified by docket number DHS-
2011-0030 by one of the following methods:
     Federal e-Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: 703-483-2999.
     Mail: Mary Ellen Callahan, Chief Privacy Officer, Privacy 
Office, Department of Homeland Security, Washington, DC 20528.
     Instructions: All submissions received must include the 
agency name and docket number for this rulemaking. All comments 
received will be posted without change to http://www.regulations.gov, 
including any personal information provided.
     Docket: For access to the docket to read background 
documents or comments received go to http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For general questions, please contact: 
Janice Jackson, Acting Privacy Branch Chief, Verification Division, 
U.S. Citizenship and Immigration Services, Department of Homeland 
Security, Washington, DC 20528. For privacy issues please contact: Mary 
Ellen Callahan (703-235-0780), Chief Privacy Officer, Privacy Office, 
Department of Homeland Security, Washington, DC 20528.

SUPPLEMENTARY INFORMATION:

I. Background

    In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the 
Department of Homeland Security (DHS) United States Citizenship and 
Immigration Services (USCIS) proposes to update and reissue a current 
DHS system of records titled ``DHS/USCIS--011 E-Verify Program System 
of Records.''
    The USCIS E-Verify Program allows employers to check citizenship 
status and verify employment eligibility of newly hired employees. DHS 
is updating this Privacy Act System of Records Notice for the E-Verify 
Program in order to provide notice that E-Verify is: (1) Adding a new 
category of records derived from participating Motor Vehicle Agencies' 
(MVA) systems through the American Association of Motor Vehicle 
Administrators Network (AAMVAnet TM); (2) adding a new 
category of records derived from individual employees subject to 
employment verification; and (3) changing the verification process to 
include the validation of information from a driver's license, driver's 
permit, or identification card from states or jurisdictions that have 
signed a Memorandum of Agreement (MOA) with DHS USCIS under the 
AAMVAnet TM Records and Information from Departments of 
Motor Vehicles for E-Verify (RIDE) program.
    E-Verify is mandated by the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (IIRIRA), Public Law (Pub. L.) 
104-208, September 30, 1996. The program is a free and, in most cases, 
voluntary DHS program implemented by USCIS and operated in 
collaboration with the Social Security Administration (SSA). The 
program compares information provided by employees on the Employment 
Eligibility Verification Form (Form I-9) against information in SSA and 
DHS databases in order to verify an employee's employment eligibility.
    All U.S. employers are responsible for the completion and retention 
of Form I-9 for each individual, whether citizen or non-citizen, they 
hire for employment in the United States. On Form I-9, the employer 
must verify the employment eligibility and identity documents presented 
by the employee and record the document information on Form I-9.
    The Immigration and Naturalization Service (INS) initially 
developed the predecessor to E-Verify, the Basic Pilot Program, as a 
voluntary pilot program as required by IIRIRA. When Congress created 
DHS, it incorporated INS programs under DHS and USCIS was charged with 
operating the Basic Pilot Program. In addition to changing the name of 
the Basic Pilot Program, USCIS has continued to develop the program as 
the requirements for employment verification have changed over time. 
The program is in most cases voluntary. However, both Federal employees 
and those employees working on Federal contracts are required to have 
their work authorization eligibility verified by E-Verify. Contractors 
have the discretion to verify all employees through E-Verify whether or 
not they are working on Federal contracts. In addition, some states 
require the use of E-Verify for state employees while others require 
its use by all employers located within their state or by all state job 
services.
    E-Verify is a fully operational, Web-based program that allows any 
employer to enroll and verify employees' employment eligibility.
    DHS is updating and reissuing the E-Verify SORN to provide notice 
of the additional data that may be used by E-Verify in the verification 
process, specifically the automation of motor vehicle document 
verification between MVAs and E-Verify employers through the RIDE 
initiative.
    The RIDE initiative enhances E-Verify by providing employers the 
ability to validate information from the most commonly presented 
identity documents for employment authorization: An employee's driver's 
license, driver's permit, or state-issued identification card, against 
MVA data

[[Page 26739]]

when the issuing state or jurisdiction of those documents has 
established an MOA with DHS USCIS to participate in RIDE and allow 
verification of this information.
    Currently, E-Verify collects only limited information about 
documents presented during the Form I-9 and E-Verify process; however, 
this is limited to U.S. Passports and documents presented by Non-U.S. 
Citizens. For other documents, E-Verify collects only the documents 
presented from list B & C of the Form I-9 Lists of Acceptable 
Documents. An example of a Form I-9 List B document is a driver's 
license or state issued identification card. An example of a Form I-9 
List C document is a Social Security card or certified birth 
certificate.
    If an individual presents a document from list B & C of the Form I-
9, E-Verify will now also collect the document type, expiration date, 
and the state or jurisdiction of issuance. In addition, E-Verify will 
collect the document number in cases where an MOA exists between the 
issuing state or jurisdiction and DHS USCIS. E-Verify collects the 
document expiration date in order to determine whether the individual 
presented an unexpired identity document in order to meet the Form I-9 
requirement. E-Verify collects the issuing state or jurisdiction of the 
document to direct its query to the appropriate MVA database for 
validation of the document's information, and to project potential 
workload as additional states sign on to participate in RIDE. E-Verify 
collects the document type for each case to project potential workload 
as additional states sign MOAs with DHS USCIS to participate in RIDE. 
E-Verify collects the document number to validate information from the 
document presented with the issuing MVA and only in cases where the 
issuing state or jurisdiction has established an MOA with DHS USCIS to 
do so.
    The RIDE initiative, including the associated Tentative Non-
Confirmation (TNC) process, is more fully discussed in the description 
of the E-Verify process below.
    The addition of the RIDE functionality to E-Verify is an important 
step in ensuring that individuals do not gain employment authorization 
through the misuse of state-issued identity documents in E-Verify.
    The following describes the complete E-Verify process, including 
the new RIDE enhancement.

Enrollment

    E-Verify participants may be one of two different classes of user 
types: (1) Employers who use E-Verify for their own employees; or (2) 
designated agents who use E-Verify for the employees of other 
companies. Employer agents (previously called designated agents) 
usually query E-Verify as a commercial service for other employers that 
cannot, or choose not, to conduct the E-Verify queries but who want the 
benefit of the program. To use E-Verify, employers and employer agents 
must first enroll their company online at http://www.dhs.gov/E-Verify. 
They complete a registration application that collects basic contact 
information including: Company name, company street address, employer 
identification number, North American Industry Classification System 
(NAICS) Code, number of employees, number of employment sites, parent 
company or corporate company, name of company Point of Contact (POC) 
for E-Verify Usage, POC phone number, POC fax number, and POC e-mail 
address.
    Participants, whether an employer or employer agent, can then 
create user accounts for the employees who have access to E-Verify. A 
user may be one of three user types:
     General User: This user type performs verification 
queries, views reports, and has the capability to update their personal 
user account.
     Program Administrator: This user type is responsible for 
creating user accounts at their site for other Program Administrators 
and General Users. They have the responsibility to view reports, 
perform queries, update account information, and unlock user accounts 
if a user has locked the account by entering the wrong password.
     Corporate Administrator: This user type can view reports 
for all companies associated with the E-Verify corporate account. This 
allows them to see the activities associated with each general user. 
They can also update user accounts, register new locations and users, 
terminate access for existing locations, and perform site and user 
maintenance activities for all sites and users associated with the 
corporate account. Each company can have a single corporate 
administrator.
    E-Verify collects information about the user so that the program 
can review and identify the use of the system by employers, and allows 
the program to see more detailed information about user system usage. 
The information collected specifically on users includes: Name (last, 
first, middle initial), phone number, fax number, e-mail address, and 
User ID.
    Every E-Verify participating employer is required to read and sign 
a Memorandum of Understanding (MOU) that explains the responsibilities 
of DHS, SSA, and the participant. Once the E-Verify participant has 
completed the enrollment form, E-Verify e-mails a unique user login and 
password to the user. The employer must conspicuously display E-Verify 
posters (posters are found on the Web site and are printed out by each 
employer) at the hiring site that indicate the employer's participation 
in E-Verify and describe the employees' rights regarding the employer's 
participation in the program.

E-Verify Verification Process

    Once employers enroll in E-Verify, they must verify the employment 
eligibility of all new employees hired thereafter by entering the 
employee's name, date of birth (DOB), Social Security Number (SSN), and 
information about the documents provided by the employee during the 
Form I-9 process, into the E-Verify online user interface tool. For 
some documents presented during the Form I-9 process, E-Verify also 
collects the expiration date as entered by the employer and compares it 
against the hire date entered by the employer to make sure that the 
document is unexpired. Due to the fact that employers can now enter 
hire dates up to 365 days in the future in E-Verify, the document is 
still acceptable if it is expired on the future date of hire--the day 
an employee starts work for pay--so long as it is unexpired on the day 
the case is initiated. Additionally, if the employer enters into E-
Verify that the employee provided a driver's license, driver's permit, 
or state-issued ID card as the document to establish identify on the 
Form I-9, then E-Verify will request that the employer enter the type 
of document presented, as well as the state of issuance and expiration 
date. The expiration date is then validated by E-Verify to ensure that 
an unexpired document was presented by the employee to the employer. If 
the document presented was issued by a state or jurisdiction 
participating in RIDE, then E-Verify also collects and verifies the 
document number as described below.
    Form I-9 contains a field for the SSN, but the employee is not 
required to provide this number unless the employer is participating in 
E-Verify. All employers in the United States are required to use this 
form regardless of whether they are enrolled in E-Verify.

Processing Non-U.S. Citizens

    For Non-U.S. Citizens, including immigrants, non-immigrants, and 
lawful permanent residents, the vast majority of queries are completed 
when E-Verify

[[Page 26740]]

verifies the name, SSN, and DOB against the SSA NUMIDENT System (71 FR 
1796), followed by the name, DOB, and Form I-9 identity document 
information against certain DHS and MVA databases when the state or 
jurisdiction is participating in RIDE. The specific database against 
which the information will be verified depends on the document provided 
by the employee. For example, if the employee uses an Employment 
Authorization Document (EAD), the Alien Number (hereafter ``A-Number'') 
is queried against the USCIS Central Index System (CIS), and the EAD 
photograph, as described below against the USCIS Image Storage and 
Retrieval System (ISRS). If the employee is a non-immigrant, E-Verify 
queries the Arrival Departure Record (Form I-94) number against the 
United States Customs and Border Protection (CBP) Non Immigrant 
Information System (73 FR 77739) and Border Crossing Information System 
(73 FR 43457). If the employee provides a driver's license, driver's 
permit, or state-issued ID card and the issuing state or jurisdiction 
is a participant in RIDE, and an MOA exists between the state or 
jurisdiction and DHS USCIS to validate the information, then E-Verify 
verifies that document against the participating MVA's database. If 
SSA, DHS, and the state MVA database (if applicable) are able to verify 
the employee's employment eligibility, the employer receives an 
Employment Authorized (EA) notification. E-Verify generates a case 
verification number and the employer may either print and retain the 
Case Details page from E-Verify or write the case verification number 
on Form I-9.
    If the automated query does not immediately result in an EA 
response from E-Verify, the employer receives Verification in Process 
response, which means that the query has been automatically sent to the 
USCIS status verifiers. The USCIS status verifiers have one day to 
verify the employee's employment eligibility by manually reviewing the 
information submitted by the employer against information in DHS, the 
U.S. Department of State (DoS), and SSA databases. USCIS status 
verifiers are trained to evaluate the information provided by the 
employee against the various DHS databases. This could not be done as 
an automated process because of the complexities of the various types 
of data. If the USCIS status verifiers are able to confirm employment 
eligibility with the information available to them, they indicate the 
response in E-Verify and the employer receives the EA notification.
    If the USCIS status verifiers are unable to confirm employment 
eligibility, E-Verify displays a DHS Tentative Non-Confirmation (TNC) 
response and generates a TNC notice for the employer to print and give 
to the employee that explains that the employee has received a TNC 
without going into detail about specifically what caused the TNC. The 
notice also explains the employee's rights, including the right to 
contest the result with DHS. If the employee wishes to contest the TNC, 
he/she must notify his employer.The employer then indicates the 
employee's wish to contest the TNC in E-Verify, upon which E-Verify 
generates a Referral Letter. This letter instructs the employee that he 
has eight days to contact USCIS status verifiers to resolve the 
discrepancy. Once the employee contacts the USCIS status verifiers, the 
USCIS status verifiers attempt to resolve the discrepancy by either 
requesting that the employee submit copies of the employee's 
immigration documents or by researching a number of DHS or DoS 
databases to determine whether there is additional information 
pertaining to that individual that would confirm the employment 
eligibility status. To conduct these database searches, USCIS status 
verifiers use a Person Centric Query System (PCQS) to facilitate the 
information search. If the USCIS status verifier determines that the 
employee is eligible to work, the USCIS status verifier indicates this 
in E-Verify. The E-Verify system then notifies the employer that the 
employee is EA. If the USCIS status verifier determines that an 
employee is not eligible to work, the USCIS status verifier updates E-
Verify with a Final Non-Confirmation (FNC) disposition and E-Verify 
notifies the employer of this resolution. At this point, the employer 
may legally terminate the individual's employment and the employer must 
update the system to acknowledge any action taken. If an employer 
retains an employee who has received FNC that he is not eligible to 
work, it must notify DHS that it will retain the employee. If the 
employer fails to notify DHS, the employer may be liable for failure to 
notify and knowingly employing an individual who is not eligible to 
work.

Records and Information From Department of Motor Vehicles for E-Verify 
(RIDE)

    The RIDE process begins when an employer indicates in E-Verify that 
an employee has presented a List B document on the Form I-9 (e.g. 
driver's license, driver's permit, or valid ID card). E-Verify first 
prompts the employer for the document type (driver's license, driver's 
permit, or state-issued ID card) and state of issuance. If E-Verify 
determines that the state of issuance and the document type is one that 
can be validated for RIDE (per the MOA between the MVA and DHS USCIS), 
E-Verify prompts the employer for: Employee name, employee DOB, 
employee SSN, hire date, document number, and document expiration date 
as provided on Form I-9. If E-Verify cannot verify the information 
provided under RIDE because there is not an existing MOA, then E-Verify 
collects the same information with the exception of the document 
number, since the document will not be verified against an MVA 
database.
    E-Verify determines if the expiration date of the driver's license, 
driver's permit, or state-issued ID card as entered by the employer 
indicates that the employee presented an unexpired document to the 
employer. If E-Verify determines that an expired document was 
presented, E-Verify prompts the employer to enter a document that was 
not expired on the date of hire.
    Next, the SSA validation, which is a standard part of the current 
E-Verify process, begins. E-Verify sends the SSN, citizenship status, 
name, and DOB to SSA for validation. If SSA does not validate the case 
information, E-Verify issues a TNC at that point and no further 
transactions occur until the TNC is resolved with SSA.
    Once the query successfully passes SSA validation, E-Verify sends 
relevant license information (DOB, document number) to the state MVA 
database. The MVA returns a portion of the MVA record relevant to that 
document to E-Verify. Due to differences in MVA databases, variations 
in data returned to E-Verify by participating MVAs may occur. A 
complete list of states and jurisdictions participating in RIDE and the 
documents which are being verified is available in Appendix A of the E-
Verify PIA update which is publishing concurrently with this SORN and 
available at http://www.dhs.gov/privacy. E-Verify compares the MVA 
information to the information initially entered by the employer to 
determine if there is a match between the document number and DOB 
provided by the MVA database and the document number and DOB entered by 
the employer. The employer does not see the MVA record, and will only 
see the final response given by E-Verify either EA or TNC if there is 
no match.
    E-Verify issues an EA response if it determines a match at this 
step of the process. The employer does not see any

[[Page 26741]]

additional driver's license or identity information from the MVA or E-
Verify, only the resulting response of EA, or TNC if there is no match.
    If the MVA cannot find a matching record or E-Verify cannot match 
the document number and DOB based on the record returned by the MVA, E-
Verify instructs the employer to check and, if necessary, correct the 
document number and/or DOB fields and resubmit the information through 
E-Verify. E-Verify matches the record by document number and DOB only; 
these are the only fields that can be changed by the employer. There is 
no name matching in the RIDE process. If after the second attempt there 
is still no match, the employer receives notice that the employee was 
issued a DHS TNC.
    As with any E-Verify TNC, the employer must share the result with 
the employee, who has the option of whether or not to contest. If the 
employee chooses to contest, the employer prints a referral letter, 
which provides directions to the employee on how to contest the TNC. 
This letter instructs the employee that he has eight days to contact a 
USCIS status verifier to resolve the discrepancy.
    If a TNC is generated because of a RIDE mismatch and the individual 
chooses to contest the TNC, the employee must call a USCIS status 
verifier and fax in a copy of the document (e.g., driver's license) 
provided to establish identity on Form I-9. USCIS status verifiers 
compare the faxed copy of the document with the information in the 
MVA's database via the PCQS. Status Verifiers use PCQS to conduct 
manual queries of databases for status verification; in this case, the 
MVA database of the issuing state or jurisdiction. As in other TNCs, 
the status verifier attempts to resolve the TNC within 24 hours. If the 
USCIS status verifier is unable to match the driver's license, the 
status verifier places the case in continuance and contacts the MVA to 
determine whether it is a true mismatch or an error in the MVA 
database. This process ensures that all contested TNCs receive a full 
examination against the MVA's records in order to avoid issuing a FNC 
because the MVA database was incorrect or because the document 
contained errors. Once the status verifier has researched the document, 
he enters a response that triggers an update to the case in E-Verify. 
E-Verify will display a response of EA or FNC to the employer depending 
on the resolution. If the employee chooses not to contest the TNC or 
does not contact a USCIS status verifier within eight Federal workdays, 
E-Verify automatically issues an FNC.

Photo Screening Tool

    In addition to the normal verification process, if the employee has 
used certain DHS-issued documents, such as the Permanent Resident Card 
(Form I-551) or the Employment Authorization Card (Form I-766), or if 
the employee is a U.S. Citizen who used a U.S. passport for completing 
Form I-9, the E-Verify tool presents the photo on record for the 
applicable document to the employer. The DHS photos come from USCIS's 
ISRS database, and the passport photos come from a copy of the DoS 
passport data contained in TECS, the information technology system 
maintained by CBP. This feature is known as the Photo Screening Tool. 
The employer visually compares the photo presented by E-Verify with the 
photo on the employee's card. The two photos should be an exact match. 
(This is not a check between the individual and the photo on the card, 
since the employer compares the individual to their photo ID during the 
Form I-9 process.) The employer must then indicate in E-Verify whether 
the pictures match or not. Depending on the employer's input, this may 
result in an EA response, or a DHS TNC for the employee based on a 
photo mismatch, which the employee will need to resolve by contacting a 
USCIS status verifier. If the employer reports a mismatch that results 
in a TNC, the employee is notified that he needs to provide a photocopy 
of their document to a USCIS status verifier. The USCIS status verifier 
does various searches to try to confirm the information supplied by the 
employee. In cases where the USCIS status verifier cannot match the 
information because the employee is asserting that there is a mistake 
in the document, the employee is directed to their local USCIS 
Application Support Center for resolution.

E-Verify User Rules and Restrictions

    E-Verify provides extensive guidance for the employer to operate 
the E-Verify program through the user manual and training. One of the 
requirements for using E-Verify is that the employer must only submit 
an E-Verify query after hiring an employee. Further, the employer must 
perform E-Verify queries for newly hired employees no later than the 
third business day after they start work for pay. These requirements 
help to prevent employers from misusing the system.
    While E-Verify primarily uses the information it collects for 
verification of employment eligibility, the information may also be 
used for law enforcement (to prevent fraud and misuse of E-Verify, and 
to prevent discrimination and identity theft), program analysis, 
monitoring and compliance, program outreach, customer service, and 
prevention of fraud or discrimination. On a case-by-case basis, E-
Verify may give law enforcement agencies extracts of information 
indicating potential fraud, discrimination, or other illegal 
activities. The USCIS Verification Division uses information contained 
in E-Verify for several purposes:
    (1) Program management, which may include documentary repositories 
of business information, internal and external audits, congressional 
requests, and program reports;
    (2) Data analysis for program improvement efforts and system 
enhancement planning, which may include conducting surveys, user 
interviews, responding to public comments received during rulemakings 
or from call center contacts which may make outgoing or receive 
incoming calls regarding E-Verify, including using information for 
testing purposes;
    (3) Monitoring and compliance, as well as quality assurance 
efforts, which may include analysis of customer use, data quality, or 
possible fraud, discrimination or misuse or abuse of the E-Verify 
system. This may originate directly from E-Verify;
    (4) Outreach activities to ensure adequate resources are available 
to current and prospective program participants, which may include call 
lists and other correspondence. USCIS may also permit designated agents 
and employers to use the E-Verify logo if they have agreed to certain 
licensing restrictions;
    (5) Customer service enhancements to improve the user's experience 
while using E-Verify; and
    (6) Activities in support of law enforcement to prevent fraud and 
misuse of E-Verify, and to prevent discrimination and identity theft.
    This System of Records Notice is replacing the System of Records 
Notice previously published in the Federal Register on May 19, 2010 (75 
FR 28035).

II. Privacy Act

    The Privacy Act embodies fair information principles in a statutory 
framework governing the means by which the United States Government 
collects, maintains, uses, and disseminates individuals' records. The 
Privacy Act applies to information that is maintained in a ``system of 
records.'' A ``system of records'' is a group of any records under the 
control of an agency for which information is retrieved by the name of 
an individual or by some identifying number, symbol, or other 
identifying particular assigned to the

[[Page 26742]]

individual. In the Privacy Act, an individual is defined to encompass 
U.S. citizens and lawful permanent residents. As a matter of policy, 
DHS extends administrative Privacy Act protections to all individuals 
where systems of records maintain information on U.S. citizens, lawful 
permanent residents, and visitors. Individuals may request access to 
their own records maintained in a system of records in the possession 
or under the control of DHS by complying with DHS Privacy Act 
regulations, 6 CFR part 5.
    The Privacy Act requires each agency to publish in the Federal 
Register a description denoting the type and character of each system 
of records that the agency maintains, and the routine uses that are 
contained in each system in order to make agency record keeping 
practices transparent, to notify individuals regarding the uses to 
their records are put, and to assist individuals to more easily find 
such files within the agency. Below is the description of the DHS/
USCIS--011 E-Verify Program System of Records.
    In accordance with 5 U.S.C. 552a(r), DHS has provided a report of 
this system of records to the Office of Management and Budget and to 
Congress.
System of Records
    Department of Homeland Security (DHS)/United States Citizenship and 
Immigration Service (USCIS)--011.

System name:
    Department of Homeland Security/United States Citizenship 
Immigration Services--011 E-Verify Program System of Records.

Security classification:
    Unclassified, for official use only.

System location:
    Records are maintained in the Verification Information System (VIS) 
at the USCIS Headquarters in Washington, DC and field offices.

Categories of individuals covered by the system:
    Categories of individuals covered by the E-Verify program include: 
employees, both U.S. Citizens and non-U.S. Citizens, whose employers 
have submitted to E-Verify their identification information; employers 
who enroll in E-Verify; designated agents who enroll in E-Verify; 
individuals employed or retained by employers or designated agents who 
have accounts to use E-Verify; Individuals who contact E-Verify with 
information on the use of E-Verify; individuals who provide their names 
and contact information to E-Verify for notification or contact 
purposes; USCIS employees and contractors who have access to E-Verify 
for operation, maintenance, monitoring, and compliance purposes 
including, USCIS status verifiers, managers, and administrators; and 
individuals who may have been victims of identity theft and have chosen 
to lock their SSN from further use in the E-Verify program.

Categories of records in the system:
    Employment eligibility information entered into E-Verify by the E-
Verify employer about the employee to be verified.
     All Employees:
    [cir] Name (last, first, middle initial, maiden);
    [cir] Date of Birth;
    [cir] Social Security Number;
    [cir] Date of Hire;
    [cir] Three day hire date expiration:
    [dec221] Awaiting SSN;
    [dec221] Technical Problems;
    [dec221] Audit Revealed New Hire Was Not Run;
    [dec221] Federal Contractor With E-Verify Clause Verifying Existing 
Employees; and
    [dec221] Other.
    [cir] Claimed Citizenship Status;
    [cir] Type of identity document presented by employee to the 
employer during Form I-9 preparation process;
    [cir] Expiration Date of identity document presented by employee to 
the employer during Form I-9 preparation process;
    [cir] State or jurisdiction of issuance of identity document 
presented by the employee to the employer during the Form I-9 process 
when that document is a driver's license, driver's permit, or state-
issued identification (ID) card;
    [cir] Document number of identity document presented by the 
employee to the employer during the Form I-9 preparation process when 
that document is a driver's license, driver's permit, or state-issued 
ID issued by a state or jurisdiction participating in the Records and 
Information from Departments of Motor Vehicles for E-Verify (RIDE) 
program and where an Memorandum of Agreement (MOA) exists between the 
state or jurisdiction and DHS USCIS to verify the information about the 
document;
    [cir] Photographs, if required by secondary verification;
    [cir] Disposition data from the employer. The following descriptors 
are entered by the employer based on the action taken by the employer 
as a result of the employment verification information:
    [dec221] The employee continues to work for the employer after 
receiving and Employment Authorized (EA) result: employer selects this 
option based on receiving an EA response from E-Verify;
    [dec221] The employee continues to work for the employer after 
receiving a Final Non-Confirmation (FNC) result: employer selects this 
option based on the employee getting an FNC despite the employee 
contesting the Tentative Non-Confirmation (TNC) and the employer 
retains the employee;
    [dec221] The employee continues to work for the employer after 
receiving a No Show result: employer selects this option based on the 
employee getting a TNC but the employee did not try to resolve the 
issue with Social Security Administration (SSA) or DHS and the employer 
retains the employee;
    [dec221] The employee continues to work for the employer after 
choosing not to contest a TNC: employer selects this option when the 
employee does not contest the TNC but the employer retains the 
employee;
    [dec221] The employee was terminated by the employer of receiving a 
FNC result: employer selects this option when employee receives FNC and 
is terminated;
    [dec221] The employee was terminated by the employer for receiving 
a No Show result: employer selects this option when employee did not 
take an action to resolve and is terminated;
    [dec221] The employee was terminated by the employer for choosing 
not to contest a TNC: employer selects this option when employee does 
not contest the TNC and is terminated;
    [dec221] The employee voluntarily quit working for the employer: 
employer selects this option when employee voluntarily quits job 
without regard to E-Verify;
    [dec221] The employee was terminated by the employer for reasons 
other than E-Verify: employer selects this option when employee is 
terminated for reasons other than E-Verify;
    [dec221] The case is invalid because another case with the same 
data already exists: employer selects this option when the employer ran 
an invalid query because the information had already been submitted; 
and
    [dec221] The case is invalid because the data entered is incorrect: 
employer selects this option when the employer ran an invalid query 
because the information was incorrect.
     Non-U.S. Citizens:
    [cir] A-Number; and
    [cir] I-94 Number.
     Information about the Employer or Designated Agent:
    [cir] Company Name;
    [cir] Street Address;
    [cir] Employer Identification Number;

[[Page 26743]]

    [cir] North American Industry Classification System (NAICS) Code;
    [cir] Number of Employees;
    [cir] Number of Sites;
    [cir] Parent Company or Corporate Company;
    [cir] Name of Company Point of Contact;
    [cir] Phone Number;
    [cir] Fax Number; and
    [cir] E-Mail Address.
     Information about the Individual Employer User of E-
Verify: (e.g., Human Resource employee conducting E-Verify queries)
    [cir] Last Name;
    [cir] First Name;
    [cir] Middle Initial;
    [cir] Phone Number;
    [cir] Fax Number;
    [cir] E-mail Address; and
    [cir] User ID.
     Employment Eligibility Information created by E-Verify:
    [cir] Case Verification Number;
    [cir] VIS Response:
    [dec221] Employment Authorized;
    [dec221] SSA TNC;
    [dec221] DHS TNC;
    [dec221] SSA Case in Continuance (in rare cases SSA needs more than 
10 Federal government workdays to confirm employment eligibility);
    [dec221] DHS Case in Continuance (in rare cases DHS needs more than 
10 Federal government workdays to confirm employment eligibility);
    [dec221] SSA FNC;
    [dec221] DHS Verification in Process;
    [dec221] DHS Employment Unauthorized;
    [dec221] DHS No Show; and
    [dec221] DHS FNC.
    [dec221] Monitoring and Compliance Information created as part of 
E-Verify: The Verification Division monitors E-Verify to minimize and 
prevent misuse and fraud of the system. This monitoring information, 
and the accompanying compliance information, may in some cases be 
placed in the electronic or paper files that make up E-Verify.) The 
information may include:
    [cir] Analytic or other information derived from monitoring;
    [cir] Compliance activities, including information placed in the 
Compliance Tracking and Management System (CTMS);
    [cir] Complaint or hotline reports;
    [cir] Records of communication;
    [cir] Other employment and E-Verify related records, documents, or 
reports derived from compliance activities, especially in connection 
with determining the existence of fraud or discrimination in connection 
with the use of the E-Verify system; and
    [cir] Information derived from telephone calls, e-mails, letters, 
desk audits or site visits, as well as information from media reports 
or tips from law enforcement agencies.
     Information collected from Motor Vehicle Agencies (MVAs) 
and used to verify of the information from a driver's license, permit, 
or state issued ID card when those documents are presented as documents 
to establish identity by an employee to an employer during the E-Verify 
process, and when the jurisdiction under which the document was issued 
has established a MOA with DHS USCIS to allow verification of this 
information. Additional manual verification may be required if E-Verify 
is unable to verify the information submitted by the employer during 
the automated process. While each state MVA may collect different types 
of information, information provided to E-Verify may include the 
following:
    [cir] Last Name;
    [cir] First Name;
    [cir] State or Jurisdiction of Issuance;
    [cir] Document Type;
    [cir] Document Number;
    [cir] Date of Birth;
    [cir] Status Text;
    [cir] Status Description Text; and
    [cir] Expiration Date.
    [cir] Information used to verify employment eligibility. (E-Verify 
uses VIS as the transactional database to verify the information 
provided by the employee. VIS contains the E-Verify transaction 
information. If E-Verify is unable to verify employment eligibility 
through VIS, additional manual verification may be required. These 
automated and manual verifications may include the following 
databases.)
    [cir] Social Security Administration Numident System;
    [cir] USCIS Central Index System (CIS);
    [cir] CBP Nonimmigrant Information System (NIIS) and Border 
Crossing Information (BCI);
    [cir] USCIS Computer-Linked Application Information Management 
System Version 3 (CLAIMS 3);
    [cir] USCIS Computer-Linked Application Information Management 
System Version 4 (CLAIMS 4);
    [cir] USCIS Image Storage and Retrieval System (ISRS);
    [cir] ICE Student and Exchange Visitor Identification System 
(SEVIS);
    [cir] USCIS Reengineered Naturalization Applications Casework 
System (RNACS);
    [cir] USCIS Aliens Change of Address System (AR-11);
    [cir] USCIS National File Tracking System (NFTS);
    [cir] USCIS Microfilm Digitization Application System (MiDAS);
    [cir] USCIS Marriage Fraud Amendment System (MFAS);
    [cir] USCIS Citizenship and Immigration Services Centralized 
Operational Repository (CISCOR);
    [cir] Department of State Consular Consolidated Database (CCD);
    [cir] USCIS Enterprise Document Management System (EDMS);
    [cir] ICE ENFORCE Integrated Database (EID) Enforcement Alien 
Removal Module (EARM) Alien Number;
    [cir] USCIS Refugees, Asylum, and Parole System (RAPS);
    [cir] US-VISIT Arrival Departure Information System (ADIS); and
    [cir] Department of Justice Executive Office Immigration Review 
System (EOIR).
     These databases may contain some or all of the following 
information which will be incorporated into the E-Verify SORN as part 
of this verification process:
    [cir] Last Name;
    [cir] First Name;
    [cir] Middle Name;
    [cir] Maiden Name;
    [cir] Date of Birth;
    [cir] Age;
    [cir] Country of Birth;
    [cir] Country of Citizenship;
    [cir] Alien Number;
    [cir] Social Security Number;
    [cir] Citizenship Number;
    [cir] Receipt Number;
    [cir] Address;
    [cir] Previous Address;
    [cir] Phone Number;
    [cir] Nationality;
    [cir] Gender;
    [cir] Photograph;
    [cir] Date Entered United States;
    [cir] Class of Admission;
    [cir] File Control Office Code;
    [cir] Form I-94 Number;
    [cir] Provision of Law Cited for Employment Authorization;
    [cir] Office Code Where the Authorization Was Granted;
    [cir] Date Employment Authorization Decision Issued;
    [cir] Date Employment Authorization Begins;
    [cir] Date Employment Authorization Expires;
    [cir] Date Employment Authorization Denied;
    [cir] Confirmation of Employment Eligibility;
    [cir] TNC of Employment Eligibility and Justification; and
    [cir] FNC of Employment Eligibility.
    [cir] Status of Department of Justice Executive Office Immigration 
Review System (EOIR) Information, if in Proceedings.
    [cir] Date Alien's Status Changed;
    [cir] Class of Admission Code;
    [cir] Date Admitted Until;
    [cir] Port of Entry;

[[Page 26744]]

    [cir] Departure Date;
    [cir] Visa Number;
    [cir] Passport Number;
    [cir] Passport Information;
    [cir] Passport Card Number.
    [cir] Form Number, for example Form I-551 (Lawful Permanent 
Resident card) or Form I-766 (Employment Authorization Document);
    [cir] Expiration Date;
    [cir] Employment Authorization Card Information;
    [cir] Lawful Permanent Resident Card Information;
    [cir] Petitioner Internal Revenue Service Number;
    [cir] Class of Admission;
    [cir] Valid To Date;
    [cir] Student Status;
    [cir] Visa Code;
    [cir] Status Code;
    [cir] Status Change Date;
    [cir] Port of Entry Code;
    [cir] Non Citizen Entry Date;
    [cir] Program End Date.
    [cir] Naturalization Certificate Number;
    [cir] Naturalization Date and Place;
    [cir] Naturalization Information and Certificate;
    [cir] Naturalization Verification (Citizenship Certificate 
Identification ID);
    [cir] Naturalization Verification (Citizenship Naturalization Date/
Time);
    [cir] Immigration Status (Immigration Status Code); and
    [cir] Federal Bureau of Investigation Number;
    [cir] Admission Number; and
    [cir] Petitioner Firm Name;
    [cir] Petitioner Tax Number;
    [cir] Date of Admission;
    [cir] Marital Status;
    [cir] Marriage Date and Place;
    [cir] Marriage Information and Certificate;
    [cir] Visa Control Number;
    [cir] FOIL Number;
    [cir] Class of Admission;
    [cir] Federal Bureau of Investigation Number;
    [cir] Case History;
    [cir] Alerts;
    [cir] Case Summary Comments;
    [cir] Case Category;
    [cir] Date of Encounter;
    [cir] Encounter Information;
    [cir] Case Actions & Decisions;
    [cir] Bonds;
    [cir] Current Status;
    [cir] Asylum Applicant Receipt Date;
    [cir] Airline and Flight Number;
    [cir] Country of Residence;
    [cir] City Where Boarded;
    [cir] City Where Visa was Issued;
    [cir] Date Visa Issued;
    [cir] Address While in United States;
    [cir] File Number;
    [cir] File Location; and
    [cir] Decision memoranda, investigatory reports and materials 
compiled for the purpose of enforcing immigration laws, exhibits, 
transcripts, and other case-related papers concerning aliens, alleged 
aliens or lawful permanent residents brought into the administrative 
adjudication process.

Authority for maintenance of the system:
    The Illegal Immigration Reform and Immigrant Responsibility Act of 
1996 (IIRIRA), Public Law 104-208, dated September 30, 1996.

Purpose(s):
    This system provides employment authorization information to 
employers participating in E-Verify. It may also be used to support 
monitoring and compliance activities for obtaining information in order 
to prevent the commission of fraud, discrimination, or other misuse or 
abuse of the E-Verify system, including violation of privacy laws or 
other illegal activity related to misuse of E-Verify, including:
     Investigating duplicate registrations by employers;
     Inappropriate registration by individuals posing as 
employers;
     Verifications that are not performed within the required 
time limits; and
     Cases referred by and between E-Verify and the Department 
of Justice Office of Special Counsel for Immigration-Related Unfair 
Employment Practices, or other law enforcement entities.
    Additionally, the information in E-Verify may be used for program 
management and analysis, program outreach, customer service and 
preventing or deterring further use of stolen identities in E-Verify.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act, all or a portion of the records or 
information contained in this system may be disclosed outside DHS as a 
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    A. To the Department of Justice (including United States Attorney 
Offices) or other Federal agency conducting litigation or in 
proceedings before any court, adjudicative or administrative body, when 
it is necessary to the litigation and one of the following is a party 
to the litigation or has an interest in such litigation:
    1. DHS or any component thereof;
    2. Any employee of DHS in his/her official capacity;
    3. Any employee of DHS in his/her individual capacity where DOJ or 
DHS has agreed to represent the employee; or
    4. The United States or any agency thereof, is a party to the 
litigation or has an interest in such litigation, and DHS determines 
that the records are both relevant and necessary to the litigation and 
the use of such records is compatible with the purpose for which DHS 
collected the records.
    B. To a congressional office from the record of an individual in 
response to an inquiry from that congressional office made at the 
request of the individual to whom the record pertains.
    C. To the National Archives and Records Administration or other 
Federal government agencies pursuant to records management inspections 
being conducted under the authority of 44 U.S.C. 2904 and 2906.
    D. To an agency, organization, or individual for the purpose of 
performing audit or oversight operations as authorized by law, but only 
such information as is necessary and relevant to such audit or 
oversight function.
    E. To appropriate agencies, entities, and persons when:
    1. DHS suspects or has confirmed that the security or 
confidentiality of information in the system of records has been 
compromised;
    2. The Department has determined that as a result of the suspected 
or confirmed compromise there is a risk of harm to economic or property 
interests, identity theft or fraud, or harm to the security or 
integrity of this system or other systems or programs (whether 
maintained by DHS or another agency or entity) or harm to the 
individual that rely upon the compromised information; and
    3. The disclosure made to such agencies, entities, and persons is 
reasonably necessary to assist in connection with DHS's efforts to 
respond to the suspected or confirmed compromise and prevent, minimize, 
or remedy such harm.
    F. To contractors and their agents, grantees, experts, consultants, 
and others performing or working on a contract, service, grant, 
cooperative agreement, or other assignment for DHS, when necessary to 
accomplish an agency function related to this system of records. 
Individuals provided information under this routine use are subject to 
the same Privacy Act requirements and limitations on disclosure as are 
applicable to DHS officers and employees.
    G. To an appropriate Federal, State, Tribal, local, international, 
or foreign law enforcement agency or other appropriate authority 
charged with

[[Page 26745]]

investigating or prosecuting a violation or enforcing or implementing a 
law, rule, regulation, or order, where a record, either on its face or 
in conjunction with other information, indicates a violation or 
potential violation of the E-Verify program, which includes potential 
fraud, discrimination, or employment based identity theft and such 
disclosure is proper and consistent with the official duties of the 
person making the disclosure.
    H. To employers participating in the E-Verify Program in order to 
verify the employment eligibility of their employees working in the 
United States.
    I. To the American Association of Motor Vehicle Administrators 
Network and participating MVAs for the purpose of validating 
information from a driver's license, permit, or identification card 
issued by the Motor Vehicle Agency of states or jurisdictions who have 
signed a Memorandum of Agreement with DHS under the Records and 
Information from Departments of Motor Vehicles for E-Verify (RIDE) 
program.
    J. To the DOJ, Civil Rights Division, for the purpose of responding 
to matters within the DOJ's jurisdiction of the E-Verify Program, 
especially with respect to discrimination.
    K. To the news media and the public, with the approval of the Chief 
Privacy Officer in consultation with counsel, when there exists a 
legitimate public interest in the disclosure of the information or when 
disclosure is necessary to preserve confidence in the integrity of DHS 
or is necessary to demonstrate the accountability of DHS's officers, 
employees, or individuals covered by the system, except to the extent 
it is determined that release of the specific information in the 
context of a particular case would constitute an unwarranted invasion 
of personal privacy.

Disclosure to consumer reporting agencies:
    None.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Records in this system are stored electronically or on paper in 
secure facilities in a locked drawer behind a locked door. The records 
are stored on magnetic disc, tape, digital media, and CD-ROM.

Retrievability:
    Records may be retrieved by name, verification case number, Alien 
Number, I-94 Number, Receipt Number, Passport (U.S. or Foreign) Number, 
Driver's License, Permit, or State-Issued Identification Card Number, 
or SSN of the employee, employee user, or by the submitting company 
name.

Safeguards:
    Records in this system are safeguarded in accordance with 
applicable rules and policies, including all applicable DHS automated 
systems security and access policies. Strict controls have been imposed 
to minimize the risk of compromising the information that is being 
stored. Access to the computer system containing the records in this 
system is limited to those individuals who have a need to know the 
information for the performance of their official duties and who have 
appropriate clearances or permissions.

Retention and disposal:
    The retention and disposal schedule, N1-566-08-7 is approved by the 
National Archives and Records Administration. Records collected in the 
process of enrolling in E-Verify and in verifying employment 
eligibility are stored and retained in E-Verify for ten (10) years, 
from the date of the completion of the last transaction unless the 
records are part of an on-going investigation in which case they may be 
retained until completion of the investigation. This period is based on 
the statute of limitations for most types of misuse or fraud possible 
using E-Verify (under 18 U.S.C. 3291, the statute of limitations for 
false statements or misuse regarding passports, citizenship, or 
naturalization documents).

System Manager and address:
    Chief, Verification Division, U.S. Citizenship and Immigration 
Services, Washington, DC 20528.

Notification procedure:
    Individuals seeking notification of and access to any record 
contained in this system of records, or seeking to contest its content, 
may submit a request in writing to the USCIS Verification Division FOIA 
Officer, whose contact information can be found at http://www.dhs.gov/foia under ``contacts.'' If an individual believes more than one 
component maintains Privacy Act records concerning him or her the 
individual may submit the request to the Chief Privacy Officer and 
Chief Freedom of Information Act Officer, Department of Homeland 
Security, 245 Murray Drive, SW., Building 410, STOP-0655, Washington, 
DC 20528.
    When seeking records about yourself from this system of records or 
any other Departmental system of records your request must conform with 
the Privacy Act regulations set forth in 6 CFR part 5. You must first 
verify your identity, meaning that you must provide your full name, 
current address and date and place of birth. You must sign your 
request, and your signature must either be notarized or submitted under 
28 U.S.C. 1746, a law that permits statements to be made under penalty 
of perjury as a substitute for notarization. While no specific form is 
required, you may obtain forms for this purpose from the Chief Privacy 
Officer and Chief Freedom of Information Act Officer, http://www.dhs.gov or 1-866-431-0486. In addition you should provide the 
following:
     An explanation of why you believe the Department would 
have information on you;
     Identify which component(s) of the Department you believe 
may have the information about you;
     Specify when you believe the records would have been 
created;
     Provide any other information that will help the FOIA 
staff determine which DHS component agency may have responsive records; 
and
     If your request is seeking records pertaining to another 
living individual, you must include a statement from that individual 
certifying his/her agreement for you to access his/her records.
    Without this bulleted information the component(s) may not be able 
to conduct an effective search, and your request may be denied due to 
lack of specificity or lack of compliance with applicable regulations.

Record access procedures:
    See ``Notification procedure'' above.

Contesting record procedures:
    See ``Notification procedure'' above.

Record source categories:
    Records are obtained from several sources including: (A) 
Information collected from employers about their employees relating to 
employment eligibility verification; (B) Information collected from E-
Verify users used to provide account access and monitoring; (C) 
Information collected from Federal and state databases as listed in the 
Category of Records section above; and (D) Information created by E-
Verify, including its monitoring and compliance activities.

Exemptions claimed for the system:
    None.

[[Page 26746]]

    Dated: April 25, 2011.
Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2011-11291 Filed 5-6-11; 8:45 am]
BILLING CODE P
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