Federal Register / Vol. 75, No. 96 / Wednesday, May 19, 2010 / Notices 28035 

Comment: One commenter stated that 

the fingerprint technology is accurate 

and effective, that a 35 second delay in 

entering the United States to capture 

fingerprints is a very small amount of 

time to ensure the safety of United 

States citizens and praised DHS for 

‘‘great work.’’ 

Response: US–VISIT is pleased to 

receive this positive appraisal. By 

providing decision-makers with the 

information they need—where and 

when they need it—US–VISIT is 

helping to make U.S. immigration and 

border management efforts more 

collaborative, streamlined, and effective. 

Comment: One commenter stated that 

because violence on the U.S. border is 

on the rise and the situation will most 

likely become worse over the coming 

years, it is essential that law 

enforcement officials be given access to 

the US–VISIT program to ensure the 

security of Americans domestically. 

Response: Under US–VISIT, 

information systems associated with 

border inspections and security are 

being linked. Biometric and other 

information are available to appropriate 

staff in U.S. Customs and Border 

Protection (CBP), Immigration and 

Customs Enforcement (ICE), U.S. 

Citizenship and Immigration Services 

(CIS), Department of State consular 

officers, and other staff involved with 

the adjudication of visa applications at 

overseas posts; other DHS officers; and 

appropriate officers of the United States 

intelligence and law enforcement 

community when needed for the 

performance of their duties. US–VISIT 

also supports other Federal agencies, 

State and local law enforcement, and 

the intelligence community in their 

screening and enforcement missions by 

sharing biometrics of individuals 

deemed a threat by DHS and by 

receiving data from other agencies for 

individuals deemed to be a threat to 

national security. US–VISIT will 

continue to integrate appropriate 

additional databases and ensure 

interoperability with other databases as 

appropriate. In so doing, US–VISIT 

directly supports the DHS strategic goal 

of protecting our Nation from dangerous 

people. 

OMB is particularly interested in 

comments which: 

1. Evaluate whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the agency, including 

whether the information will have 

practical utility; 

2. Evaluate the accuracy of the 

agency’s estimate of the burden of the 

proposed collection of information, 

including the validity of the 

methodology and assumptions used; 

3. Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

4. Minimize the burden of the 

collection of information on those who 

are to respond, including through the 

use of appropriate automated, 

electronic, mechanical, or other 

technological collection techniques or 

other forms of information technology, 

e.g., permitting electronic submissions 

of responses. 

Analysis 

Agency: Department of Homeland 

Security, NPPD, US–VISIT. 

Title: US–VISIT Program. 

Form: N/A. 

OMB Number: 1600–0006. 

Frequency: One-time collection. 

Affected Public: Foreign visitors and 

immigrants into the United States. 

Number of Respondents: 156,732,422. 

Estimated Time per Respondent: 35 

seconds. 

Total Burden Hours: 1,520,304 annual 

burden hours. 

Total Burden Cost (capital/startup): 

$0. 

Total Burden Cost (operating/ 

maintaining): $53,211,000. 

Thomas Chase Garwood, III, 

Chief Information Officer, National Protection 

and Programs Directorate, Department of 

Homeland Security. 

[FR Doc. 2010–11915 Filed 5–18–10; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

[Docket No. DHS–2010–0038] 

Privacy Act of 1974; Department of 

Homeland Security/U.S. Citizenship 

and Immigration Services—011 

E-Verify Program System of Records 

AGENCY: Privacy Office, DHS. 

ACTION: Notice of Privacy Act system of 

records. 

SUMMARY: In accordance with the 

Privacy Act of 1974, the Department of 

Homeland Security proposes to 

establish a new Department of 

Homeland Security system of records 

notice titled, ‘‘Department of Homeland 

Security/U.S. Citizenship and 

Immigration Services—011 E-Verify 

Program System of Records.’’ The U.S. 

Citizenship and Immigration Services EVerify Program allows employers to 

check citizenship status and verify 

employment eligibility of newly hired 

employees. Previously, these records 

were covered under Department of 

Homeland Security/U.S. Citizenship 

and Immigration Services—004 

Verification Information System of 

Records, December 11, 2008, along with 

records from the U.S. Citizenship and 

Immigration Services Systematic Alien 

Verification for Entitlements (SAVE) 

Program. In order to provide clearer 

transparency and enable public 

understanding, the Department is 

publishing two separate systems of 

records for U.S. Citizenship and 

Immigration Services E-Verify and 

SAVE Programs. This newly established 

system will be included in the 

Department of Homeland Security’s 

inventory of record systems. The U.S. 

Citizenship and Immigration Services 

SAVE Program system of records notice 

can be found elsewhere in the Federal 

Register. 

DATES: Submit comments on or before 

June 18, 2010. This new system will be 

effective June 18, 2010. 

ADDRESSES: You may submit comments, 

identified by docket number DHS– 

2010–0038 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: Claire 

Stapleton, Privacy Branch Chief, 

Verification Division, U.S. Citizenship 

and Immigration Services, Department 

of Homeland Security, Washington, DC 

20529. 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) U.S. 

Citizenship and Immigration Services 

(USCIS) proposes to establish a new 


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DHS system of records titled, ‘‘DHS/ 

USCIS—011 E-Verify Program System of 

Records.’’ 

E-Verify was 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 I–9 (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 noncitizen, 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. 

Previously, USCIS addressed E-Verify 

Program and the Systematic Alien 

Verification for Entitlements (SAVE) 

Program in the same Privacy Impact 

Assessment (PIA) and System of 

Records Notice (SORN) titled, DHS/ 

USCIS—004 Verification Information 

System (VIS) of Records, December 11, 

2008. VIS was and continues to be the 

underlying technology of both systems. 

This SORN, which describes E-Verify 

independently from SAVE, is written to 

provide clearer transparency and enable 

public understanding of these programs. 

USCIS has prepared a separate SORN to 

discuss the SAVE Program and can be 

found elsewhere in the Federal 

Register. 

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. For 

example, some states require that all 

employers must use E-Verify, while 

other states require that all state job 

services must use E-Verify. 

Additionally, the federal government 

requires E-Verify checks for all 

government employees and federal 

contractors. 

E-Verify is a fully operational web 

based program that allows any employer 

to enroll and begin to verify employees’ 

employment eligibility. The following 

describes the complete E-Verify process. 

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. 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 designated 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 

designated agent, can then create user 

accounts for the employees who will 

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, Social Security 

Number (SSN), and information from 

the documents provided on Form I–9, 

into the E-Verify online user interface 

tool. Form I–9 has 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 U.S. are required 

to use this form regardless of whether 

they are enrolled in E-Verify. 

Processing Non-United States Citizens 

For non-USCs, including immigrants, 

non-immigrants, and lawful permanent 

residents, the vast majority of queries 

are completed when E-Verify verifies 

the name, SSN, and birth date against 

SSA’s Numident system, followed by 

the name, date of birth, and Form I–9 

document information against certain 

DHS databases. The specific DHS 

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 A-Number will be 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 nonimmigrant, E-Verify queries the Form 

I–94 number against the CBP Non 

Immigrant Information System (NIIS) 

and Border Crossing Information System 

(BCI). If both SSA and DHS are able to 

verify the employee‘s employment 

eligibility the employer receives an 

Employment Authorized notification. EVerify generates a case verification 

number and the employer may either 

print and retain the Case Details page 


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from E-Verify or write the case 

verification number on Form I–9. 

If the automated query does not 

immediately result in an Employment 

Authorized 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 with 

information in DHS 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 will receive the 

Employment Authorized notification. 

If the USCIS Status Verifiers are 

unable to confirm employment 

eligibility, E-Verify will display a DHS 

Tentative Non-Confirmation (TNC) 

response and generate a TNC Notice for 

the employer to print and give to the 

employee, which explains that the 

employee has received a TNC without 

going into detail as to specifically what 

caused the TNC. The letter also explains 

the employee’s rights, and gives him the 

opportunity to decide if he will contest 

the result with DHS. If the employee 

wishes to contest the TNC, the 

employee must notify his employer, 

who indicates so in E-Verify and DHS 

E-Verify generates a Referral Letter. This 

letter instructs the employee that he has 

8 days to contact USCIS Status Verifiers 

to resolve the discrepancy. Once the 

employee contacts the USCIS Status 

Verifiers, the USCIS Status Verifiers will 

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 databases 

to determine whether there is any other 

information pertaining to that 

individual that would confirm the 

employment eligibility status. To 

conduct these databases searches, 

USCIS Status Verifiers may use a Person 

Centric Query System to facilitate the 

information search. If the USCIS Status 

Verifier determines that the employee is 

eligible to work, the USCIS Status 

Verifier will indicate this in E-Verify, 

which will then notify the employer 

that the employee is Employment 

Authorized. If the Status Verifier 

determines that an employee is not 

eligible to work, the Status Verifier will 

update E-Verify with an Final NonConfirmation (FNC) disposition and EVerify will notify 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 the 

action taken. If an employer retains an 

employee who has received final 

confirmation that he is not eligible to 

work, and fails to notify DHS, the 

employer may be liable for failure to 

notify and knowingly employing an 

individual who is not eligible to work. 

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 (USC) who used a U.S. 

passport for completing Form I–9, the 

E–Verify tool will present to the 

employer the photo on record for the 

applicable document. The DHS photos 

come from DHS’s ISRS database, and 

the passport photos come from a copy 

of the Department of State passport data 

contained in TECS. This feature is 

known as the Photo Screening Tool. The 

employer will visually compare 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 

Employment Authorized 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 that there is a mismatch that 

results in a TNC, the employee will be 

notified that they need to provide a 

photocopy of their document to a USCIS 

Status Verifier. The USCIS Status 

Verifier will do various searches to try 

to confirm the information supplied by 

the employee. In cases where the 

information cannot be matched because 

the employee is asserting that there is a 

mistake in the document, the employee 

will be sent to the USCIS Application 

Support Center for resolution. E–Verify 

requires that employers photocopy and 

retain a copy of the employee’s Form I– 

9 documentation if it is Form I–766 or 

I–551. 

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 an 

employee has been hired. Further, the 

employer must perform E-Verify queries 

for newly hired employees no later than 

the third (3rd) 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 EVerify, and to prevent discrimination 

and identity theft), program analysis, 

monitoring and compliance, program 

outreach, 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 or from its 

monitoring and compliance activities or 

call center contacts, including but not 

limited to records of interviews, 

employment and E-Verify-related 

documents and other records obtained 

in the course of carrying out its 

monitoring and compliance activities, 

especially in connection with 

determining the existence of fraud or 

discrimination in connection with the 

use of the E-Verify system. Data 

generated from this effort is stored in 

the CTMS system; (4) Outreach 

activities to ensure adequate resources 

are available to current and prospective 

program participants, which may 


jlentini on DSKJ8SOYB1PROD with NOTICES
28038 Federal Register / Vol. 75, No. 96 / Wednesday, May 19, 2010 / Notices 

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; and (5) 

Activities in support of law enforcement 

to prevent fraud and misuse of E-Verify, 

and to prevent discrimination and 

identity theft. 

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 

individual. In the Privacy Act, an 

individual is defined to encompass 

United States 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 that are 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 

DHS/USCIS—011 

SYSTEM NAME: 

DHS/USCIS—011 E–Verify Program 

System of Records. 

SECURITY CLASSIFICATION: 

Unclassified, for official use only. 

SYSTEM LOCATION: 

Records are maintained at the USCIS 

Headquarters in Washington, D.C. and 

field offices. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

• 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 social security 

number from further use in the E–Verify 

program. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

Employment eligibility information 

collected from the E–Verify employer 

about the employee to be verified. 

• All Employees: 

Æ Name (last, first, middle initial, 

maiden); 

Æ Date of Birth; 

Æ Social Security Number; 

Æ Date of Hire; 

Æ Three day hire date expiration: 

fi Awaiting SSN; 

fi Technical Problems; 

fi Audit Revealed New Hire Was Not 

Run; 

fi Federal Contractor With E–Verify 

Clause Verifying Existing Employees; 

and 

fi Other. 

Æ Claimed Citizenship Status; 

Æ Type of Document Used for 

Acceptable Form I–9 Verification; 

Æ Acceptable Form I–9 Document 

Expiration Date; 

Æ Photographs, if required by 

secondary verification; 

Æ Disposition data from the employer. 

The following codes are entered by the 

employer based on what the employer 

does as a result of the employment 

verification information: 

fi The employee continues to work 

for the employer after receiving and 

Employment Authorized result: 

Employer selects this option based on 

receiving an Employment Authorized 

response from E–Verify; 

fi The employee continues to work 

for the employer after receiving a Final 

Nonconfirmation result: Employer 

selects this option based on the 

employee getting an FNC despite the 

employee contesting the TNC and the 

employer retains the employee; 

fi 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 SSA or DHS and 

the employer retains the employee; 

fi The employee continues to work 

for the employer after choosing not to 

contest a Tentative Nonconfirmation: 

Employer selects this option when the 

employee does not contest the TNC but 

the employer retains the employee; 

fi The employee was terminated by 

the employer for receiving a Final 

Nonconfirmation result: Employer 

selects this option when employee 

receives FNC and is terminated; 

fi 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; 

fi The employee was terminated by 

the employer for choosing not to contest 

a Tentative Nonconfirmationt: 

Employer selects this option when 

employee does not contest the TNC and 

is terminated; 

fi The employee voluntarily quit 

working for the employer: Employer 

selects this option when employee 

voluntarily quits job without regard to 

E–Verify; 

fi 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; 

fi 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 

fi 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-USCs: 

Æ A–Number; and 

Æ I–94 Number. 

• Information about the Employer or 

Designated Agent: 

Æ Company Name; 

Æ Street Address; 

Æ Employer Identification Number; 

Æ North American Industry 

Classification System (NAICS) Code; 


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Æ Number of Employees; 

Æ Number of Sites; 

Æ Parent Company or Corporate 

Company; 

Æ Name of Company Point of Contact; 

Æ Phone Number; 

Æ Fax Number; 

Æ E-Mail Address. 

• Information about the Individual 

Employer User of E-Verify: (e.g., Human 

Resource employee conducting E-Verify 

queries) 

Æ Last Name; 

Æ First Name; 

Æ Middle Initial; 

Æ Phone Number; 

Æ Fax Number; 

Æ E-mail Address; and 

Æ User ID. 

• Employment Eligibility Information 

created by E-Verify: 

Æ Case Verification Number; 

Æ VIS Response: 

fi Employment Authorized; 

fi SSA TNC; 

fi DHS TNC; 

fi SSA Case in Continuance (In rare 

cases SSA needs more than 10 federal 

government workdays to confirm 

employment eligibility); 

fi DHS Case in Continuance (In rare 

cases DHS needs more than 10 federal 

government workdays to confirm 

employment eligibility); 

fi SSA FNC; 

fi DHS Verification in Process; 

fi DHS Employment Unauthorized; 

fi DHS No Show; and 

fi DHS FNC. 

• Monitoring and Compliance 

Information created as part of E-Verify 

(USCIS 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 EVerify.) The information may include: 

Æ Analytic or other information 

derived from monitoring and 

compliance activities, including 

information placed in CTMS; 

Æ Complaint or hotline reports; 

Æ Records of communication; 

Æ 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 

Æ 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 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 other DHS databases.) 

• Social Security Administration 

Numident System: 

Æ Confirmation of Employment 

Eligibility; 

Æ TNC of Employment Eligibility and 

Justification; and 

Æ FNC of Employment Eligibility. 

• USCIS Central Index System: 

Æ Alien Number; 

Æ Last Name; 

Æ First Name; 

Æ Middle Name; 

Æ Date of Birth; 

Æ Date Entered United States; 

Æ Country of Birth; 

Æ Class of Admission; 

Æ File Control Office Code; 

Æ Social Security Number; 

Æ Form I–94 Number; 

Æ Provision of Law Cited for 

Employment Authorization; 

Æ Office Code Where the 

Authorization Was Granted; 

Æ Date Employment Authorization 

Decision Issued; 

Æ Date Employment Authorization 

Begins; 

Æ Date Employment Authorization 

Expires; 

Æ Date Employment Authorization 

Denied; 

Æ Naturalization Certificate Number; 

and 

Æ EOIR Information, if in 

Proceedings. 

• CBP Nonimmigrant Information 

System (NIIS) and Border Crossing 

Information (BCI): 

Æ Alien Number; 

Æ Last Name; 

Æ First Name; 

Æ Maiden Name; 

Æ Date Alien’s Status Changed; 

Æ Date of Birth; 

Æ Class of Admission Code; 

Æ Date Admitted Until; 

Æ Country of Citizenship; 

Æ Port of Entry; 

Æ Date Entered United States; 

Æ Departure Date; 

Æ I–94 Number; 

Æ Visa Number; 

Æ Passport Number; 

Æ Passport Information; and 

Æ Passport Card Number. 

• USCIS Image Storage and Retrieval 

System (ISRS): 

Æ Receipt Number; 

Æ Alien Number; 

Æ Last Name; 

Æ First Name; 

Æ Middle Name; 

Æ Date of Birth; 

Æ Country of Birth; 

Æ Form Number, for example Form I– 

551 (Lawful Permanent Resident card) 

or Form I–766 (Employment 

Authorization Document); 

Æ Expiration Date; and 

Æ Photograph. 

• USCIS Computer-Linked 

Application Information Management 

System Version 3 (CLAIMS 3): 

Æ Receipt Number; 

Æ Alien Number; 

Æ Last Name; 

Æ First Name; 

Æ Middle Name; 

Æ Address; 

Æ Social Security Number; 

Æ Date of Birth; 

Æ Country of Birth; 

Æ Class of Admission; 

Æ I–94 Number; 

Æ Employment Authorization Card 

Information; 

Æ Lawful Permanent Resident Card 

Information; 

Æ Date of Entry; 

Æ Valid To Date; 

Æ Petitioner Internal Revenue Service 

Number; 

Æ Attorney Name; and 

Æ Attorney Address. 

• ICE Student and Exchange Visitor 

Identification System (SEVIS): 

Æ Student and Exchange Visitor 

Identification Number; 

Æ Last Name; 

Æ First Name; 

Æ Middle Name; 

Æ Date of Birth; 

Æ Country of Birth; 

Æ Class of Admission; 

Æ I–94 Number; 

Æ Date of Entry; 

Æ Valid To Date; 

Æ Social Security Number; 

Æ Nationality; 

Æ Gender; 

Æ Student Status; 

Æ Visa Code; 

Æ Status Change Date; 

Æ Port of Entry Code; 

Æ Non Citizen Entry Date; 

Æ Status Code; and 

Æ Program End Date. 

• USCIS Computer-Linked 

Application Information Management 

System Version 4 (CLAIMS 4): 

Æ Alien Number; 

Æ Social Security Number; 

Æ Last Name; 

Æ First Name; 

Æ Middle Name; 

Æ Birth Date; 

Æ Birth Country; 

Æ Nationality; 

Æ Gender; 


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Æ Naturalization Verification 

(Citizenship Certificate Identification 

ID); 

Æ Naturalization Verification 

(Citizenship Naturalization Date/Time); 

and 

Æ Address. 

• USCIS Reengineered Naturalization 

Applications Casework System 

(RNACS): 

Æ Alien Number; 

Æ Last Name; 

Æ First Name; 

Æ Middle Name; 

Æ Birth Date; 

Æ Birth Country; 

Æ Gender; 

Æ Nationality; 

Æ Naturalization Verification 

(Citizenship Naturalization Date/Time); 

Æ Naturalization Verification 

(Citizenship Certificate Identification 

ID); 

Æ Immigration Status (Immigration 

Status Code); and 

Æ Address. 

• USCIS Aliens Change of Address 

System (AR–11): 

Æ Name; 

Æ Current Address; 

Æ Date of Birth; 

Æ Previous Address; 

Æ Alien Number; 

Æ Federal Bureau of Investigation 

Number; 

Æ Admission Number; and 

Æ Previous Address. 

• USCIS Citizenship and Immigration 

Services Centralized Operational 

Repository (CISCOR): 

Æ Receipt Number; 

Æ Beneficiary Alien Number; 

Æ Beneficiary Date of Birth; 

Æ Beneficiary Country of Birth; 

Æ Beneficiary Social Security 

Number; 

Æ Beneficiary Last Name; 

Æ Beneficiary First Name; 

Æ Beneficiary Middle Name; 

Æ Petitioner Alien Number; 

Æ Petitioner Social Security Number; 

Æ Petitioner Naturalization 

Certificate Number; 

Æ Petitioner First Name; 

Æ Petitioner Last Name; 

Æ Petitioner Firm Name; and 

Æ Petitioner Tax Number. 

• USCIS National File Tracking 

System (NFTS): 

Æ Alien Number; and 

Æ File Location. 

• USCIS Microfilm Digitization 

Application System (MiDAS): 

Æ Name; 

Æ Alien Number; 

Æ Date of Birth; and 

Æ Citizenship Number. 

• USCIS Marriage Fraud Amendment 

System (MFAS): 

Æ Individual: 

› Name (Last, First, Middle); 

› Date of Birth; 

› Country of Birth; 

› Country of Citizenship; 

› Class of Admission; 

› Date of Admission; 

› Alien Number; 

› Receipt Number; 

› Phone Number; and 

› Marriage Date and Place. 

Æ Spouse: 

› Name (Last, First, Middle); 

› Date of Birth; 

› Country of Birth; 

› Country of Citizenship; 

› Class of Admission; 

› Date of Admission; 

› Alien Number; 

› Receipt Number; 

› Phone Number; 

› Marriage Date and Place; and 

› Naturalization Date and Place. 

Æ Children: 

› Names (Last, First, Middle); 

› Date of Birth; 

› Country of Birth; 

› Class of Admission; and 

› Alien Number. 

Æ Employer: 

› Name; 

› Address; 

› Supervisor’s Name; and 

› Supervisor’s Phone Number. 

• USCIS Enterprise Document 

Management System (EDMS): 

Æ All information contained in an 

individual’s A–File, including, but not 

limited to: 

› Alien Number; 

› Last Name; 

› First Name; 

› Middle Name; 

› Date of Birth; 

› Date Entered United States; 

› Country of Birth; 

› Class of Admission; 

› Social Security Number; 

› Form I–94 Number; 

› Naturalization Information and 

Certificate; 

› Photograph; and 

› Marriage Information and 

Certificate. 

• Department of State Consular 

Consolidated Database (CCD): 

Æ Name; 

Æ Date of Birth; 

Æ Passport Number; 

Æ Visa Control Number; 

Æ FOIL Number; 

Æ Alien Number; and 

Æ Photograph. 

• ICE ENFORCE Integrated Database 

(EID) Enforcement Alien Removal 

Module (EARM) Alien Number: 

Æ Name; 

Æ Marital Status; 

Æ Date of Birth; 

Æ Age; 

Æ Sex; 

Æ Country of Birth; 

Æ Country of Citizenship; 

Æ Date of Entry; 

Æ Class of Admission; 

Æ Social Security Number; 

Æ Federal Bureau of Investigation 

Number; 

Æ Case History; 

Æ Alerts; 

Æ Case Summary Comments; 

Æ Case Category; 

Æ Date of Encounter; 

Æ Encounter Information; 

Æ Custody Actions & Decisions; 

Æ Case Actions & Decisions; 

Æ Bonds; and 

Æ Photograph. 

• USCIS Refugees, Asylum, and 

Parole System (RAPS): 

Æ Class of Admission; 

Æ Country of Birth; 

Æ Date of Birth; 

Æ Date of Entry; 

Æ Current Status; and 

Æ Asylum Applicant Receipt Date. 

• US–VISIT Arrival Departure 

Information System (ADIS): 

Æ Last Name; 

Æ First Name; 

Æ Date of Birth; 

Æ Country of Citizenship; 

Æ Sex; 

Æ Passport Number; 

Æ Airline and Flight Number; 

Æ Country of Residence; 

Æ City Where Boarded; 

Æ City Where Visa was Issued; 

Æ Date Visa Issued; 

Æ Address While in United States; 

and 

Æ Port of Entry. 

• Department of Justice Executive 

Office Immigration Review System 

(EOIR): 

Æ Name; 

Æ File Number; 

Æ Address; 

Æ Nationality; and 

Æ Decision memoranda, investigatory 

reports and materials compiled for the 

purpose of enforcing immigration laws, 

exhibits, transcripts, and other caserelated 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): 

The purpose of this system is to 

provide employment authorization 


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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 EVerify and the Department of Justice 

Office of Special Counsel for 

Immigration-Related Unfair 

Employment Practices, or other law 

enforcement entities. 

Additionally, the information in EVerify may be used for program 

management and analysis, program 

outreach, and preventing or deterring 

further use of stolen identities in EVerify. 

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 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 DOJ, Civil Rights Division, 

for the purpose of responding to matters 

within the DOJ’s jurisdiction of the EVerify Program, especially with respect 

to discrimination. 

J. 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 number, Alien Number, 

I–94 Number, Receipt Number, Passport 

(U.S. or Foreign) Number, or Social 

Security Number 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, has been 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 


jlentini on DSKJ8SOYB1PROD with NOTICES
28042 Federal Register / Vol. 75, No. 96 / Wednesday, May 19, 2010 / Notices 

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 EVerify (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 20529. 

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 

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. 

Mary Ellen Callahan, 

Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. 2010–11972 Filed 5–18–10; 8:45 am] 

BILLING CODE 9111–97–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

[Docket No. DHS–2010–0013] 

Privacy Act of 1974: System of 

Records; Department of Homeland 

Security Transportation Security 

Administration—001, Transportation 

Security Enforcement Record System, 

System of Records 

AGENCY: Privacy Office, DHS. 

ACTION: Notice to alter an existing 

Privacy Act system of records. 

SUMMARY: In accordance with the 

Privacy Act of 1974 the Department of 

Homeland Security proposes to update 

and reissue an existing Department of 

Homeland Security system of records 

notice titled, Transportation Security 

Administration 001 Transportation 

Security Enforcement Record System 

previously published on December 10, 

2004. As a result of the biennial review 

of this system, modifications are being 

made to the system of records’ 

categories of individuals, categories of 

records, routine uses, record source 

categories, retention and disposal, 

notification procedures, and system 

manager and address. The Department 

of Homeland Security Transportation 

Security Administration—001 

Transportation Security Enforcement 

Record System covers records related to 

the Transportation Security 

Administration’s screening of 

passengers and property and 

enforcement actions involving all modes 

of transportation regulated by the 

Transportation Security Administration. 

Information in this system also includes 

records related to the investigation or 

enforcement of transportation security 

laws, regulations, directives, or Federal, 

State, local, or international law. For 

example, records relating to an 

investigation of a security incident that 

occurred during passenger or property 

screening would be covered by this 

system. 

Portions of this system are exempt 

under 5 U.S.C. 552a(k)(1) and (k)(2). 

Portions of the system pertaining to 

investigations or prosecutions of 

violations of criminal law are exempt 

under 5 U.S.C. 552a(j)(2). These 

exemptions are reflected in the final 

rule published on August 4, 2006. 

This system will continue to be 

included in the Department of 

Homeland Security’s inventory of 

record systems. 

DATES: Submit comments on or before 

June 18, 2010. The system will be 

effective June 18, 2010. 

ADDRESSES: You may submit comments, 

identified by docket number DHS– 

2010–0013 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: Peter 

Pietra, Privacy Officer, Transportation 


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