[Federal Register Volume 75, Number 96 (Wednesday, May 19, 2010)]
[Notices]
[Pages 28035-28042]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-11972]


-----------------------------------------------------------------------

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 E-Verify 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:
    <bullet> Federal e-Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    <bullet> Fax: 703-483-2999.
    <bullet> Mail: Mary Ellen Callahan, Chief Privacy Officer, Privacy 
Office, Department of Homeland Security, Washington, DC 20528.
    <bullet> 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.
    <bullet> 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

[[Page 28036]]

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 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.
    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:
    <bullet> General User: This user type performs verification 
queries, views reports, and has the capability to update their personal 
user account.
    <bullet> 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.
    <bullet> 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 non-immigrant, 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. E-Verify generates a case 
verification number and the employer may either print and retain the 
Case Details page

[[Page 28037]]

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 Non-Confirmation 
(FNC) disposition and E-Verify 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 E-Verify, 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

[[Page 28038]]

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:
    <bullet> Employees, both U.S. citizens and non-U.S. citizens, whose 
employers have submitted to E-Verify their identification information;
    <bullet> Employers who enroll in E-Verify;
    <bullet> Designated agents who enroll in E-Verify;
    <bullet> Individuals employed or retained by employers or 
designated agents who have accounts to use E-Verify;
    <bullet> Individuals who contact E-Verify with information on the 
use of E-Verify;
    <bullet> Individuals who provide their names and contact 
information to E-Verify for notification or contact purposes;
    <bullet> 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
    <bullet> 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.
    <bullet> 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:
    [dec222] Awaiting SSN;
    [dec222] Technical Problems;
    [dec222] Audit Revealed New Hire Was Not Run;
    [dec222] Federal Contractor With E-Verify Clause Verifying Existing 
Employees; and
    [dec222] Other.
    [cir] Claimed Citizenship Status;
    [cir] Type of Document Used for Acceptable Form I-9 Verification;
    [cir] Acceptable Form I-9 Document Expiration Date;
    [cir] Photographs, if required by secondary verification;
    [cir] 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:
    [dec222] 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;
    [dec222] 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;
    [dec222] 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;
    [dec222] 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;
    [dec222] The employee was terminated by the employer for receiving 
a Final Nonconfirmation result: Employer selects this option when 
employee receives FNC and is terminated;
    [dec222] 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;
    [dec222] 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;
    [dec222] The employee voluntarily quit working for the employer: 
Employer selects this option when employee voluntarily quits job 
without regard to E-Verify;
    [dec222] 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;
    [dec222] 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
    [dec222] 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.
    <bullet> Non-USCs:
    [cir] A-Number; and
    [cir] I-94 Number.
    <bullet> Information about the Employer or Designated Agent:
    [cir] Company Name;
    [cir] Street Address;
    [cir] Employer Identification Number;
    [cir] North American Industry Classification System (NAICS) Code;

[[Page 28039]]

    [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;
    [cir] E-Mail Address.
    <bullet> 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.
    <bullet> Employment Eligibility Information created by E-Verify:
    [cir] Case Verification Number;
    [cir] VIS Response:
    [dec222] Employment Authorized;
    [dec222] SSA TNC;
    [dec222] DHS TNC;
    [dec222] SSA Case in Continuance (In rare cases SSA needs more than 
10 federal government workdays to confirm employment eligibility);
    [dec222] DHS Case in Continuance (In rare cases DHS needs more than 
10 federal government workdays to confirm employment eligibility);
    [dec222] SSA FNC;
    [dec222] DHS Verification in Process;
    [dec222] DHS Employment Unauthorized;
    [dec222] DHS No Show; and
    [dec222] DHS FNC.
    <bullet> 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 E-
Verify.) The information may include:
    [cir] Analytic or other information derived from monitoring and 
compliance activities, including information placed in 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.
    <bullet> 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.)
    <bullet> Social Security Administration Numident System:
    [cir] Confirmation of Employment Eligibility;
    [cir] TNC of Employment Eligibility and Justification; and
    [cir] FNC of Employment Eligibility.
    <bullet> USCIS Central Index System:
    [cir] Alien Number;
    [cir] Last Name;
    [cir] First Name;
    [cir] Middle Name;
    [cir] Date of Birth;
    [cir] Date Entered United States;
    [cir] Country of Birth;
    [cir] Class of Admission;
    [cir] File Control Office Code;
    [cir] Social Security Number;
    [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] Naturalization Certificate Number; and
    [cir] EOIR Information, if in Proceedings.
    <bullet> CBP Nonimmigrant Information System (NIIS) and Border 
Crossing Information (BCI):
    [cir] Alien Number;
    [cir] Last Name;
    [cir] First Name;
    [cir] Maiden Name;
    [cir] Date Alien's Status Changed;
    [cir] Date of Birth;
    [cir] Class of Admission Code;
    [cir] Date Admitted Until;
    [cir] Country of Citizenship;
    [cir] Port of Entry;
    [cir] Date Entered United States;
    [cir] Departure Date;
    [cir] I-94 Number;
    [cir] Visa Number;
    [cir] Passport Number;
    [cir] Passport Information; and
    [cir] Passport Card Number.
    <bullet> USCIS Image Storage and Retrieval System (ISRS):
    [cir] Receipt Number;
    [cir] Alien Number;
    [cir] Last Name;
    [cir] First Name;
    [cir] Middle Name;
    [cir] Date of Birth;
    [cir] Country of Birth;
    [cir] Form Number, for example Form I-551 (Lawful Permanent 
Resident card) or Form I-766 (Employment Authorization Document);
    [cir] Expiration Date; and
    [cir] Photograph.
    <bullet> USCIS Computer-Linked Application Information Management 
System Version 3 (CLAIMS 3):
    [cir] Receipt Number;
    [cir] Alien Number;
    [cir] Last Name;
    [cir] First Name;
    [cir] Middle Name;
    [cir] Address;
    [cir] Social Security Number;
    [cir] Date of Birth;
    [cir] Country of Birth;
    [cir] Class of Admission;
    [cir] I-94 Number;
    [cir] Employment Authorization Card Information;
    [cir] Lawful Permanent Resident Card Information;
    [cir] Date of Entry;
    [cir] Valid To Date;
    [cir] Petitioner Internal Revenue Service Number;
    [cir] Attorney Name; and
    [cir] Attorney Address.
    <bullet> ICE Student and Exchange Visitor Identification System 
(SEVIS):
    [cir] Student and Exchange Visitor Identification Number;
    [cir] Last Name;
    [cir] First Name;
    [cir] Middle Name;
    [cir] Date of Birth;
    [cir] Country of Birth;
    [cir] Class of Admission;
    [cir] I-94 Number;
    [cir] Date of Entry;
    [cir] Valid To Date;
    [cir] Social Security Number;
    [cir] Nationality;
    [cir] Gender;
    [cir] Student Status;
    [cir] Visa Code;
    [cir] Status Change Date;
    [cir] Port of Entry Code;
    [cir] Non Citizen Entry Date;
    [cir] Status Code; and
    [cir] Program End Date.
    <bullet> USCIS Computer-Linked Application Information Management 
System Version 4 (CLAIMS 4):
    [cir] Alien Number;
    [cir] Social Security Number;
    [cir] Last Name;
    [cir] First Name;
    [cir] Middle Name;
    [cir] Birth Date;
    [cir] Birth Country;
    [cir] Nationality;
    [cir] Gender;

[[Page 28040]]

    [cir] Naturalization Verification (Citizenship Certificate 
Identification ID);
    [cir] Naturalization Verification (Citizenship Naturalization Date/
Time); and
    [cir] Address.
    <bullet> USCIS Reengineered Naturalization Applications Casework 
System (RNACS):
    [cir] Alien Number;
    [cir] Last Name;
    [cir] First Name;
    [cir] Middle Name;
    [cir] Birth Date;
    [cir] Birth Country;
    [cir] Gender;
    [cir] Nationality;
    [cir] Naturalization Verification (Citizenship Naturalization Date/
Time);
    [cir] Naturalization Verification (Citizenship Certificate 
Identification ID);
    [cir] Immigration Status (Immigration Status Code); and
    [cir] Address.
    <bullet> USCIS Aliens Change of Address System (AR-11):
    [cir] Name;
    [cir] Current Address;
    [cir] Date of Birth;
    [cir] Previous Address;
    [cir] Alien Number;
    [cir] Federal Bureau of Investigation Number;
    [cir] Admission Number; and
    [cir] Previous Address.
    <bullet> USCIS Citizenship and Immigration Services Centralized 
Operational Repository (CISCOR):
    [cir] Receipt Number;
    [cir] Beneficiary Alien Number;
    [cir] Beneficiary Date of Birth;
    [cir] Beneficiary Country of Birth;
    [cir] Beneficiary Social Security Number;
    [cir] Beneficiary Last Name;
    [cir] Beneficiary First Name;
    [cir] Beneficiary Middle Name;
    [cir] Petitioner Alien Number;
    [cir] Petitioner Social Security Number;
    [cir] Petitioner Naturalization Certificate Number;
    [cir] Petitioner First Name;
    [cir] Petitioner Last Name;
    [cir] Petitioner Firm Name; and
    [cir] Petitioner Tax Number.
    <bullet> USCIS National File Tracking System (NFTS):
    [cir] Alien Number; and
    [cir] File Location.
    <bullet> USCIS Microfilm Digitization Application System (MiDAS):
    [cir] Name;
    [cir] Alien Number;
    [cir] Date of Birth; and
    [cir] Citizenship Number.
    <bullet> USCIS Marriage Fraud Amendment System (MFAS):
    [cir] Individual:
    [dec221] Name (Last, First, Middle);
    [dec221] Date of Birth;
    [dec221] Country of Birth;
    [dec221] Country of Citizenship;
    [dec221] Class of Admission;
    [dec221] Date of Admission;
    [dec221] Alien Number;
    [dec221] Receipt Number;
    [dec221] Phone Number; and
    [dec221] Marriage Date and Place.
    [cir] Spouse:
    [dec221] Name (Last, First, Middle);
    [dec221] Date of Birth;
    [dec221] Country of Birth;
    [dec221] Country of Citizenship;
    [dec221] Class of Admission;
    [dec221] Date of Admission;
    [dec221] Alien Number;
    [dec221] Receipt Number;
    [dec221] Phone Number;
    [dec221] Marriage Date and Place; and
    [dec221] Naturalization Date and Place.
    [cir] Children:
    [dec221] Names (Last, First, Middle);
    [dec221] Date of Birth;
    [dec221] Country of Birth;
    [dec221] Class of Admission; and
    [dec221] Alien Number.
    [cir] Employer:
    [dec221] Name;
    [dec221] Address;
    [dec221] Supervisor's Name; and
    [dec221] Supervisor's Phone Number.
    <bullet> USCIS Enterprise Document Management System (EDMS):
    [cir] All information contained in an individual's A-File, 
including, but not limited to:
    [dec221] Alien Number;
    [dec221] Last Name;
    [dec221] First Name;
    [dec221] Middle Name;
    [dec221] Date of Birth;
    [dec221] Date Entered United States;
    [dec221] Country of Birth;
    [dec221] Class of Admission;
    [dec221] Social Security Number;
    [dec221] Form I-94 Number;
    [dec221] Naturalization Information and Certificate;
    [dec221] Photograph; and
    [dec221] Marriage Information and Certificate.
    <bullet> Department of State Consular Consolidated Database (CCD):
    [cir] Name;
    [cir] Date of Birth;
    [cir] Passport Number;
    [cir] Visa Control Number;
    [cir] FOIL Number;
    [cir] Alien Number; and
    [cir] Photograph.
    <bullet> ICE ENFORCE Integrated Database (EID) Enforcement Alien 
Removal Module (EARM) Alien Number:
    [cir] Name;
    [cir] Marital Status;
    [cir] Date of Birth;
    [cir] Age;
    [cir] Sex;
    [cir] Country of Birth;
    [cir] Country of Citizenship;
    [cir] Date of Entry;
    [cir] Class of Admission;
    [cir] Social Security Number;
    [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] Custody Actions & Decisions;
    [cir] Case Actions & Decisions;
    [cir] Bonds; and
    [cir] Photograph.
    <bullet> USCIS Refugees, Asylum, and Parole System (RAPS):
    [cir] Class of Admission;
    [cir] Country of Birth;
    [cir] Date of Birth;
    [cir] Date of Entry;
    [cir] Current Status; and
    [cir] Asylum Applicant Receipt Date.
    <bullet> US-VISIT Arrival Departure Information System (ADIS):
    [cir] Last Name;
    [cir] First Name;
    [cir] Date of Birth;
    [cir] Country of Citizenship;
    [cir] Sex;
    [cir] Passport Number;
    [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; and
    [cir] Port of Entry.
    <bullet> Department of Justice Executive Office Immigration Review 
System (EOIR):
    [cir] Name;
    [cir] File Number;
    [cir] Address;
    [cir] Nationality; 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):
    The purpose of this system is to provide employment authorization

[[Page 28041]]

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:
    <bullet> Investigating duplicate registrations by employers;
    <bullet> Inappropriate registration by individuals posing as 
employers;
    <bullet> Verifications that are not performed within the required 
time limits; and
    <bullet> 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, 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 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 E-Verify 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

[[Page 28042]]

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 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:
    <bullet> An explanation of why you believe the Department would 
have information on you;
    <bullet> Identify which component(s) of the Department you believe 
may have the information about you;
    <bullet> Specify when you believe the records would have been 
created;
    <bullet> Provide any other information that will help the FOIA 
staff determine which DHS component agency may have responsive records; 
and
    <bullet> 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