From: Subject: Federal Register, Volume 76 Issue 89 (Monday, May 9, 2011) Date: Wed, 18 Jul 2012 14:47:42 -0400 MIME-Version: 1.0 Content-Type: text/html; charset="utf-8" Content-Transfer-Encoding: quoted-printable Content-Location: http://www.gpo.gov/fdsys/pkg/FR-2011-05-09/html/2011-11291.htm X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.6157 =EF=BB=BF Federal Register, Volume 76 Issue 89 (Monday, May 9, = 2011) 
[Federal Register Volume 76, Number 89 (Monday, May 9, 2011)]
[Notices]
[Pages 26738-26746]
From the Federal Register Online via the Government Printing Office [http://www.gpo.gov/]
[FR Doc No: 2011-11291]



[[Page 26738]]

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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2011-0030]


Privacy Act of 1974; Department of Homeland Security/United=20
States Citizenship and Immigration Services--DHS/USCIS-011 E-Verify=20
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=20
Homeland Security proposes to update and reissue a current Department=20
of Homeland Security system of records titled ``Department of Homeland=20
Security/United States Citizenship and Immigration Services--011 E-
Verify Program System of Records.'' The United States Citizenship and=20
Immigration Services E-Verify Program allows employers to check=20
citizenship status and verify employment eligibility of newly hired=20
employees. The Department of Homeland Security is updating this Privacy=20
Act System of Records Notice for the E-Verify Program in order to=20
provide notice that E-Verify is: (1) Adding a new category of records=20
derived from participating Motor Vehicle Agencies' systems through the=20
American Association of Motor Vehicle Administrators Network; (2)=20
adding a new category of records derived from individual employees=20
subject to employment verification; and (3) changing the verification=20
process to include the validation of information from a driver's=20
license, driver's permit, or identification card from a state or=20
jurisdiction that has signed a Memorandum of Agreement with the=20
Department of Homeland Security under the Records and Information from=20
Departments of Motor Vehicles for E-Verify program. These changes are=20
more thoroughly spelled out in an accompanying E-Verify Privacy Impact=20
Assessment update, which is found on the Department of Homeland=20
Security Privacy Web site (http://www.dhs.gov/privacy). =
This updated=20
system is included in the Department of Homeland Security's inventory=20
of record systems.

DATES: Submit comments on or before June 8, 2011. This updated system=20
will be effective June 8, 2011.

ADDRESSES: You may submit comments, identified by docket number DHS-
2011-0030 by one of the following methods:
     Federal e-Rulemaking Portal: http://www.regulations.gov/.=20
Follow the instructions for submitting comments.
     Fax: 703-483-2999.
     Mail: Mary Ellen Callahan, Chief Privacy Officer, Privacy=20
Office, Department of Homeland Security, Washington, DC 20528.
     Instructions: All submissions received must include the=20
agency name and docket number for this rulemaking. All comments=20
received will be posted without change to http://www.regulations.gov/,=20
including any personal information provided.
     Docket: For access to the docket to read background=20
documents or comments received go to http://www.regulations.gov/.

FOR FURTHER INFORMATION CONTACT: For general questions, please contact:=20
Janice Jackson, Acting Privacy Branch Chief, Verification Division,=20
U.S. Citizenship and Immigration Services, Department of Homeland=20
Security, Washington, DC 20528. For privacy issues please contact: Mary=20
Ellen Callahan (703-235-0780), Chief Privacy Officer, Privacy Office,=20
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=20
Department of Homeland Security (DHS) United States Citizenship and=20
Immigration Services (USCIS) proposes to update and reissue a current=20
DHS system of records titled ``DHS/USCIS--011 E-Verify Program System=20
of Records.''
    The USCIS E-Verify Program allows employers to check citizenship=20
status and verify employment eligibility of newly hired employees. DHS=20
is updating this Privacy Act System of Records Notice for the E-Verify=20
Program in order to provide notice that E-Verify is: (1) Adding a new=20
category of records derived from participating Motor Vehicle Agencies'=20
(MVA) systems through the American Association of Motor Vehicle=20
Administrators Network (AAMVAnet TM); (2) adding a new=20
category of records derived from individual employees subject to=20
employment verification; and (3) changing the verification process to=20
include the validation of information from a driver's license, driver's=20
permit, or identification card from states or jurisdictions that have=20
signed a Memorandum of Agreement (MOA) with DHS USCIS under the=20
AAMVAnet TM Records and Information from Departments of=20
Motor Vehicles for E-Verify (RIDE) program.
    E-Verify is mandated by the Illegal Immigration Reform and=20
Immigrant Responsibility Act of 1996 (IIRIRA), Public Law (Pub. L.)=20
104-208, September 30, 1996. The program is a free and, in most cases,=20
voluntary DHS program implemented by USCIS and operated in=20
collaboration with the Social Security Administration (SSA). The=20
program compares information provided by employees on the Employment=20
Eligibility Verification Form (Form I-9) against information in SSA and=20
DHS databases in order to verify an employee's employment eligibility.
    All U.S. employers are responsible for the completion and retention=20
of Form I-9 for each individual, whether citizen or non-citizen, they=20
hire for employment in the United States. On Form I-9, the employer=20
must verify the employment eligibility and identity documents presented=20
by the employee and record the document information on Form I-9.
    The Immigration and Naturalization Service (INS) initially=20
developed the predecessor to E-Verify, the Basic Pilot Program, as a=20
voluntary pilot program as required by IIRIRA. When Congress created=20
DHS, it incorporated INS programs under DHS and USCIS was charged with=20
operating the Basic Pilot Program. In addition to changing the name of=20
the Basic Pilot Program, USCIS has continued to develop the program as=20
the requirements for employment verification have changed over time.=20
The program is in most cases voluntary. However, both Federal employees=20
and those employees working on Federal contracts are required to have=20
their work authorization eligibility verified by E-Verify. Contractors=20
have the discretion to verify all employees through E-Verify whether or=20
not they are working on Federal contracts. In addition, some states=20
require the use of E-Verify for state employees while others require=20
its use by all employers located within their state or by all state job=20
services.
    E-Verify is a fully operational, Web-based program that allows any=20
employer to enroll and verify employees' employment eligibility.
    DHS is updating and reissuing the E-Verify SORN to provide notice=20
of the additional data that may be used by E-Verify in the verification=20
process, specifically the automation of motor vehicle document=20
verification between MVAs and E-Verify employers through the RIDE=20
initiative.
    The RIDE initiative enhances E-Verify by providing employers the=20
ability to validate information from the most commonly presented=20
identity documents for employment authorization: An employee's driver's=20
license, driver's permit, or state-issued identification card, against=20
MVA data

[[Page 26739]]

when the issuing state or jurisdiction of those documents has=20
established an MOA with DHS USCIS to participate in RIDE and allow=20
verification of this information.
    Currently, E-Verify collects only limited information about=20
documents presented during the Form I-9 and E-Verify process; however,=20
this is limited to U.S. Passports and documents presented by Non-U.S.=20
Citizens. For other documents, E-Verify collects only the documents=20
presented from list B & C of the Form I-9 Lists of Acceptable=20
Documents. An example of a Form I-9 List B document is a driver's=20
license or state issued identification card. An example of a Form I-9=20
List C document is a Social Security card or certified birth=20
certificate.
    If an individual presents a document from list B & C of the Form =
I-
9, E-Verify will now also collect the document type, expiration date,=20
and the state or jurisdiction of issuance. In addition, E-Verify will=20
collect the document number in cases where an MOA exists between the=20
issuing state or jurisdiction and DHS USCIS. E-Verify collects the=20
document expiration date in order to determine whether the individual=20
presented an unexpired identity document in order to meet the Form I-9=20
requirement. E-Verify collects the issuing state or jurisdiction of the=20
document to direct its query to the appropriate MVA database for=20
validation of the document's information, and to project potential=20
workload as additional states sign on to participate in RIDE. E-Verify=20
collects the document type for each case to project potential workload=20
as additional states sign MOAs with DHS USCIS to participate in RIDE.=20
E-Verify collects the document number to validate information from the=20
document presented with the issuing MVA and only in cases where the=20
issuing state or jurisdiction has established an MOA with DHS USCIS to=20
do so.
    The RIDE initiative, including the associated Tentative Non-
Confirmation (TNC) process, is more fully discussed in the description=20
of the E-Verify process below.
    The addition of the RIDE functionality to E-Verify is an important=20
step in ensuring that individuals do not gain employment authorization=20
through the misuse of state-issued identity documents in E-Verify.
    The following describes the complete E-Verify process, including=20
the new RIDE enhancement.

Enrollment

    E-Verify participants may be one of two different classes of user=20
types: (1) Employers who use E-Verify for their own employees; or (2)=20
designated agents who use E-Verify for the employees of other=20
companies. Employer agents (previously called designated agents)=20
usually query E-Verify as a commercial service for other employers that=20
cannot, or choose not, to conduct the E-Verify queries but who want the=20
benefit of the program. To use E-Verify, employers and employer agents=20
must first enroll their company online at http://www.dhs.gov/E-Verify.=20
They complete a registration application that collects basic contact=20
information including: Company name, company street address, employer=20
identification number, North American Industry Classification System=20
(NAICS) Code, number of employees, number of employment sites, parent=20
company or corporate company, name of company Point of Contact (POC)=20
for E-Verify Usage, POC phone number, POC fax number, and POC e-mail=20
address.
    Participants, whether an employer or employer agent, can then=20
create user accounts for the employees who have access to E-Verify. A=20
user may be one of three user types:
     General User: This user type performs verification=20
queries, views reports, and has the capability to update their personal=20
user account.
     Program Administrator: This user type is responsible for=20
creating user accounts at their site for other Program Administrators=20
and General Users. They have the responsibility to view reports,=20
perform queries, update account information, and unlock user accounts=20
if a user has locked the account by entering the wrong password.
     Corporate Administrator: This user type can view reports=20
for all companies associated with the E-Verify corporate account. This=20
allows them to see the activities associated with each general user.=20
They can also update user accounts, register new locations and users,=20
terminate access for existing locations, and perform site and user=20
maintenance activities for all sites and users associated with the=20
corporate account. Each company can have a single corporate=20
administrator.
    E-Verify collects information about the user so that the program=20
can review and identify the use of the system by employers, and allows=20
the program to see more detailed information about user system usage.=20
The information collected specifically on users includes: Name (last,=20
first, middle initial), phone number, fax number, e-mail address, and=20
User ID.
    Every E-Verify participating employer is required to read and sign=20
a Memorandum of Understanding (MOU) that explains the responsibilities=20
of DHS, SSA, and the participant. Once the E-Verify participant has=20
completed the enrollment form, E-Verify e-mails a unique user login and=20
password to the user. The employer must conspicuously display E-Verify=20
posters (posters are found on the Web site and are printed out by each=20
employer) at the hiring site that indicate the employer's participation=20
in E-Verify and describe the employees' rights regarding the employer's=20
participation in the program.

E-Verify Verification Process

    Once employers enroll in E-Verify, they must verify the employment=20
eligibility of all new employees hired thereafter by entering the=20
employee's name, date of birth (DOB), Social Security Number (SSN), and=20
information about the documents provided by the employee during the=20
Form I-9 process, into the E-Verify online user interface tool. For=20
some documents presented during the Form I-9 process, E-Verify also=20
collects the expiration date as entered by the employer and compares it=20
against the hire date entered by the employer to make sure that the=20
document is unexpired. Due to the fact that employers can now enter=20
hire dates up to 365 days in the future in E-Verify, the document is=20
still acceptable if it is expired on the future date of hire--the day=20
an employee starts work for pay--so long as it is unexpired on the day=20
the case is initiated. Additionally, if the employer enters into E-
Verify that the employee provided a driver's license, driver's permit,=20
or state-issued ID card as the document to establish identify on the=20
Form I-9, then E-Verify will request that the employer enter the type=20
of document presented, as well as the state of issuance and expiration=20
date. The expiration date is then validated by E-Verify to ensure that=20
an unexpired document was presented by the employee to the employer. If=20
the document presented was issued by a state or jurisdiction=20
participating in RIDE, then E-Verify also collects and verifies the=20
document number as described below.
    Form I-9 contains a field for the SSN, but the employee is not=20
required to provide this number unless the employer is participating in=20
E-Verify. All employers in the United States are required to use this=20
form regardless of whether they are enrolled in E-Verify.

Processing Non-U.S. Citizens

    For Non-U.S. Citizens, including immigrants, non-immigrants, and=20
lawful permanent residents, the vast majority of queries are completed=20
when E-Verify

[[Page 26740]]

verifies the name, SSN, and DOB against the SSA NUMIDENT System (71 FR=20
1796), followed by the name, DOB, and Form I-9 identity document=20
information against certain DHS and MVA databases when the state or=20
jurisdiction is participating in RIDE. The specific database against=20
which the information will be verified depends on the document provided=20
by the employee. For example, if the employee uses an Employment=20
Authorization Document (EAD), the Alien Number (hereafter ``A-Number'')=20
is queried against the USCIS Central Index System (CIS), and the EAD=20
photograph, as described below against the USCIS Image Storage and=20
Retrieval System (ISRS). If the employee is a non-immigrant, E-Verify=20
queries the Arrival Departure Record (Form I-94) number against the=20
United States Customs and Border Protection (CBP) Non Immigrant=20
Information System (73 FR 77739) and Border Crossing Information System=20
(73 FR 43457). If the employee provides a driver's license, driver's=20
permit, or state-issued ID card and the issuing state or jurisdiction=20
is a participant in RIDE, and an MOA exists between the state or=20
jurisdiction and DHS USCIS to validate the information, then E-Verify=20
verifies that document against the participating MVA's database. If=20
SSA, DHS, and the state MVA database (if applicable) are able to verify=20
the employee's employment eligibility, the employer receives an=20
Employment Authorized (EA) notification. E-Verify generates a case=20
verification number and the employer may either print and retain the=20
Case Details page from E-Verify or write the case verification number=20
on Form I-9.
    If the automated query does not immediately result in an EA=20
response from E-Verify, the employer receives Verification in Process=20
response, which means that the query has been automatically sent to the=20
USCIS status verifiers. The USCIS status verifiers have one day to=20
verify the employee's employment eligibility by manually reviewing the=20
information submitted by the employer against information in DHS, the=20
U.S. Department of State (DoS), and SSA databases. USCIS status=20
verifiers are trained to evaluate the information provided by the=20
employee against the various DHS databases. This could not be done as=20
an automated process because of the complexities of the various types=20
of data. If the USCIS status verifiers are able to confirm employment=20
eligibility with the information available to them, they indicate the=20
response in E-Verify and the employer receives the EA notification.
    If the USCIS status verifiers are unable to confirm employment=20
eligibility, E-Verify displays a DHS Tentative Non-Confirmation (TNC)=20
response and generates a TNC notice for the employer to print and give=20
to the employee that explains that the employee has received a TNC=20
without going into detail about specifically what caused the TNC. The=20
notice also explains the employee's rights, including the right to=20
contest the result with DHS. If the employee wishes to contest the TNC,=20
he/she must notify his employer.The employer then indicates the=20
employee's wish to contest the TNC in E-Verify, upon which E-Verify=20
generates a Referral Letter. This letter instructs the employee that he=20
has eight days to contact USCIS status verifiers to resolve the=20
discrepancy. Once the employee contacts the USCIS status verifiers, the=20
USCIS status verifiers attempt to resolve the discrepancy by either=20
requesting that the employee submit copies of the employee's=20
immigration documents or by researching a number of DHS or DoS=20
databases to determine whether there is additional information=20
pertaining to that individual that would confirm the employment=20
eligibility status. To conduct these database searches, USCIS status=20
verifiers use a Person Centric Query System (PCQS) to facilitate the=20
information search. If the USCIS status verifier determines that the=20
employee is eligible to work, the USCIS status verifier indicates this=20
in E-Verify. The E-Verify system then notifies the employer that the=20
employee is EA. If the USCIS status verifier determines that an=20
employee is not eligible to work, the USCIS status verifier updates E-
Verify with a Final Non-Confirmation (FNC) disposition and E-Verify=20
notifies the employer of this resolution. At this point, the employer=20
may legally terminate the individual's employment and the employer must=20
update the system to acknowledge any action taken. If an employer=20
retains an employee who has received FNC that he is not eligible to=20
work, it must notify DHS that it will retain the employee. If the=20
employer fails to notify DHS, the employer may be liable for failure to=20
notify and knowingly employing an individual who is not eligible to=20
work.

Records and Information From Department of Motor Vehicles for E-Verify=20
(RIDE)

    The RIDE process begins when an employer indicates in E-Verify that=20
an employee has presented a List B document on the Form I-9 (e.g.=20
driver's license, driver's permit, or valid ID card). E-Verify first=20
prompts the employer for the document type (driver's license, driver's=20
permit, or state-issued ID card) and state of issuance. If E-Verify=20
determines that the state of issuance and the document type is one that=20
can be validated for RIDE (per the MOA between the MVA and DHS USCIS),=20
E-Verify prompts the employer for: Employee name, employee DOB,=20
employee SSN, hire date, document number, and document expiration date=20
as provided on Form I-9. If E-Verify cannot verify the information=20
provided under RIDE because there is not an existing MOA, then E-Verify=20
collects the same information with the exception of the document=20
number, since the document will not be verified against an MVA=20
database.
    E-Verify determines if the expiration date of the driver's license,=20
driver's permit, or state-issued ID card as entered by the employer=20
indicates that the employee presented an unexpired document to the=20
employer. If E-Verify determines that an expired document was=20
presented, E-Verify prompts the employer to enter a document that was=20
not expired on the date of hire.
    Next, the SSA validation, which is a standard part of the current=20
E-Verify process, begins. E-Verify sends the SSN, citizenship status,=20
name, and DOB to SSA for validation. If SSA does not validate the case=20
information, E-Verify issues a TNC at that point and no further=20
transactions occur until the TNC is resolved with SSA.
    Once the query successfully passes SSA validation, E-Verify sends=20
relevant license information (DOB, document number) to the state MVA=20
database. The MVA returns a portion of the MVA record relevant to that=20
document to E-Verify. Due to differences in MVA databases, variations=20
in data returned to E-Verify by participating MVAs may occur. A=20
complete list of states and jurisdictions participating in RIDE and the=20
documents which are being verified is available in Appendix A of the E-
Verify PIA update which is publishing concurrently with this SORN and=20
available at http://www.dhs.gov/privacy. =
E-Verify compares the MVA=20
information to the information initially entered by the employer to=20
determine if there is a match between the document number and DOB=20
provided by the MVA database and the document number and DOB entered by=20
the employer. The employer does not see the MVA record, and will only=20
see the final response given by E-Verify either EA or TNC if there is=20
no match.
    E-Verify issues an EA response if it determines a match at this=20
step of the process. The employer does not see any

[[Page 26741]]

additional driver's license or identity information from the MVA or E-
Verify, only the resulting response of EA, or TNC if there is no match.
    If the MVA cannot find a matching record or E-Verify cannot match=20
the document number and DOB based on the record returned by the MVA, E-
Verify instructs the employer to check and, if necessary, correct the=20
document number and/or DOB fields and resubmit the information through=20
E-Verify. E-Verify matches the record by document number and DOB only;=20
these are the only fields that can be changed by the employer. There is=20
no name matching in the RIDE process. If after the second attempt there=20
is still no match, the employer receives notice that the employee was=20
issued a DHS TNC.
    As with any E-Verify TNC, the employer must share the result with=20
the employee, who has the option of whether or not to contest. If the=20
employee chooses to contest, the employer prints a referral letter,=20
which provides directions to the employee on how to contest the TNC.=20
This letter instructs the employee that he has eight days to contact a=20
USCIS status verifier to resolve the discrepancy.
    If a TNC is generated because of a RIDE mismatch and the individual=20
chooses to contest the TNC, the employee must call a USCIS status=20
verifier and fax in a copy of the document (e.g., driver's license)=20
provided to establish identity on Form I-9. USCIS status verifiers=20
compare the faxed copy of the document with the information in the=20
MVA's database via the PCQS. Status Verifiers use PCQS to conduct=20
manual queries of databases for status verification; in this case, the=20
MVA database of the issuing state or jurisdiction. As in other TNCs,=20
the status verifier attempts to resolve the TNC within 24 hours. If the=20
USCIS status verifier is unable to match the driver's license, the=20
status verifier places the case in continuance and contacts the MVA to=20
determine whether it is a true mismatch or an error in the MVA=20
database. This process ensures that all contested TNCs receive a full=20
examination against the MVA's records in order to avoid issuing a FNC=20
because the MVA database was incorrect or because the document=20
contained errors. Once the status verifier has researched the document,=20
he enters a response that triggers an update to the case in E-Verify.=20
E-Verify will display a response of EA or FNC to the employer depending=20
on the resolution. If the employee chooses not to contest the TNC or=20
does not contact a USCIS status verifier within eight Federal workdays,=20
E-Verify automatically issues an FNC.

Photo Screening Tool

    In addition to the normal verification process, if the employee has=20
used certain DHS-issued documents, such as the Permanent Resident Card=20
(Form I-551) or the Employment Authorization Card (Form I-766), or if=20
the employee is a U.S. Citizen who used a U.S. passport for completing=20
Form I-9, the E-Verify tool presents the photo on record for the=20
applicable document to the employer. The DHS photos come from USCIS's=20
ISRS database, and the passport photos come from a copy of the DoS=20
passport data contained in TECS, the information technology system=20
maintained by CBP. This feature is known as the Photo Screening Tool.=20
The employer visually compares the photo presented by E-Verify with the=20
photo on the employee's card. The two photos should be an exact match.=20
(This is not a check between the individual and the photo on the card,=20
since the employer compares the individual to their photo ID during the=20
Form I-9 process.) The employer must then indicate in E-Verify whether=20
the pictures match or not. Depending on the employer's input, this may=20
result in an EA response, or a DHS TNC for the employee based on a=20
photo mismatch, which the employee will need to resolve by contacting a=20
USCIS status verifier. If the employer reports a mismatch that results=20
in a TNC, the employee is notified that he needs to provide a photocopy=20
of their document to a USCIS status verifier. The USCIS status verifier=20
does various searches to try to confirm the information supplied by the=20
employee. In cases where the USCIS status verifier cannot match the=20
information because the employee is asserting that there is a mistake=20
in the document, the employee is directed to their local USCIS=20
Application Support Center for resolution.

E-Verify User Rules and Restrictions

    E-Verify provides extensive guidance for the employer to operate=20
the E-Verify program through the user manual and training. One of the=20
requirements for using E-Verify is that the employer must only submit=20
an E-Verify query after hiring an employee. Further, the employer must=20
perform E-Verify queries for newly hired employees no later than the=20
third business day after they start work for pay. These requirements=20
help to prevent employers from misusing the system.
    While E-Verify primarily uses the information it collects for=20
verification of employment eligibility, the information may also be=20
used for law enforcement (to prevent fraud and misuse of E-Verify, and=20
to prevent discrimination and identity theft), program analysis,=20
monitoring and compliance, program outreach, customer service, and=20
prevention of fraud or discrimination. On a case-by-case basis, E-
Verify may give law enforcement agencies extracts of information=20
indicating potential fraud, discrimination, or other illegal=20
activities. The USCIS Verification Division uses information contained=20
in E-Verify for several purposes:
    (1) Program management, which may include documentary repositories=20
of business information, internal and external audits, congressional=20
requests, and program reports;
    (2) Data analysis for program improvement efforts and system=20
enhancement planning, which may include conducting surveys, user=20
interviews, responding to public comments received during rulemakings=20
or from call center contacts which may make outgoing or receive=20
incoming calls regarding E-Verify, including using information for=20
testing purposes;
    (3) Monitoring and compliance, as well as quality assurance=20
efforts, which may include analysis of customer use, data quality, or=20
possible fraud, discrimination or misuse or abuse of the E-Verify=20
system. This may originate directly from E-Verify;
    (4) Outreach activities to ensure adequate resources are available=20
to current and prospective program participants, which may include call=20
lists and other correspondence. USCIS may also permit designated agents=20
and employers to use the E-Verify logo if they have agreed to certain=20
licensing restrictions;
    (5) Customer service enhancements to improve the user's experience=20
while using E-Verify; and
    (6) Activities in support of law enforcement to prevent fraud and=20
misuse of E-Verify, and to prevent discrimination and identity theft.
    This System of Records Notice is replacing the System of Records=20
Notice previously published in the Federal Register on May 19, 2010 (75=20
FR 28035).

II. Privacy Act

    The Privacy Act embodies fair information principles in a statutory=20
framework governing the means by which the United States Government=20
collects, maintains, uses, and disseminates individuals' records. The=20
Privacy Act applies to information that is maintained in a ``system of=20
records.'' A ``system of records'' is a group of any records under the=20
control of an agency for which information is retrieved by the name of=20
an individual or by some identifying number, symbol, or other=20
identifying particular assigned to the

[[Page 26742]]

individual. In the Privacy Act, an individual is defined to encompass=20
U.S. citizens and lawful permanent residents. As a matter of policy,=20
DHS extends administrative Privacy Act protections to all individuals=20
where systems of records maintain information on U.S. citizens, lawful=20
permanent residents, and visitors. Individuals may request access to=20
their own records maintained in a system of records in the possession=20
or under the control of DHS by complying with DHS Privacy Act=20
regulations, 6 CFR part 5.
    The Privacy Act requires each agency to publish in the Federal=20
Register a description denoting the type and character of each system=20
of records that the agency maintains, and the routine uses that are=20
contained in each system in order to make agency record keeping=20
practices transparent, to notify individuals regarding the uses to=20
their records are put, and to assist individuals to more easily find=20
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=20
this system of records to the Office of Management and Budget and to=20
Congress.
System of Records
    Department of Homeland Security (DHS)/United States Citizenship and=20
Immigration Service (USCIS)--011.

System name:
    Department of Homeland Security/United States Citizenship=20
Immigration Services--011 E-Verify Program System of Records.

Security classification:
    Unclassified, for official use only.

System location:
    Records are maintained in the Verification Information System (VIS)=20
at the USCIS Headquarters in Washington, DC and field offices.

Categories of individuals covered by the system:
    Categories of individuals covered by the E-Verify program include:=20
employees, both U.S. Citizens and non-U.S. Citizens, whose employers=20
have submitted to E-Verify their identification information; employers=20
who enroll in E-Verify; designated agents who enroll in E-Verify;=20
individuals employed or retained by employers or designated agents who=20
have accounts to use E-Verify; Individuals who contact E-Verify with=20
information on the use of E-Verify; individuals who provide their names=20
and contact information to E-Verify for notification or contact=20
purposes; USCIS employees and contractors who have access to E-Verify=20
for operation, maintenance, monitoring, and compliance purposes=20
including, USCIS status verifiers, managers, and administrators; and=20
individuals who may have been victims of identity theft and have chosen=20
to lock their SSN from further use in the E-Verify program.

Categories of records in the system:
    Employment eligibility information entered into E-Verify by the E-
Verify employer about the employee to be verified.
     All Employees:
    [cir] Name (last, first, middle initial, maiden);
    [cir] Date of Birth;
    [cir] Social Security Number;
    [cir] Date of Hire;
    [cir] Three day hire date expiration:
    [dec221] Awaiting SSN;
    [dec221] Technical Problems;
    [dec221] Audit Revealed New Hire Was Not Run;
    [dec221] Federal Contractor With E-Verify Clause Verifying Existing=20
Employees; and
    [dec221] Other.
    [cir] Claimed Citizenship Status;
    [cir] Type of identity document presented by employee to the=20
employer during Form I-9 preparation process;
    [cir] Expiration Date of identity document presented by employee to=20
the employer during Form I-9 preparation process;
    [cir] State or jurisdiction of issuance of identity document=20
presented by the employee to the employer during the Form I-9 process=20
when that document is a driver's license, driver's permit, or state-
issued identification (ID) card;
    [cir] Document number of identity document presented by the=20
employee to the employer during the Form I-9 preparation process when=20
that document is a driver's license, driver's permit, or state-issued=20
ID issued by a state or jurisdiction participating in the Records and=20
Information from Departments of Motor Vehicles for E-Verify (RIDE)=20
program and where an Memorandum of Agreement (MOA) exists between the=20
state or jurisdiction and DHS USCIS to verify the information about the=20
document;
    [cir] Photographs, if required by secondary verification;
    [cir] Disposition data from the employer. The following descriptors=20
are entered by the employer based on the action taken by the employer=20
as a result of the employment verification information:
    [dec221] The employee continues to work for the employer after=20
receiving and Employment Authorized (EA) result: employer selects this=20
option based on receiving an EA response from E-Verify;
    [dec221] The employee continues to work for the employer after=20
receiving a Final Non-Confirmation (FNC) result: employer selects this=20
option based on the employee getting an FNC despite the employee=20
contesting the Tentative Non-Confirmation (TNC) and the employer=20
retains the employee;
    [dec221] The employee continues to work for the employer after=20
receiving a No Show result: employer selects this option based on the=20
employee getting a TNC but the employee did not try to resolve the=20
issue with Social Security Administration (SSA) or DHS and the employer=20
retains the employee;
    [dec221] The employee continues to work for the employer after=20
choosing not to contest a TNC: employer selects this option when the=20
employee does not contest the TNC but the employer retains the=20
employee;
    [dec221] The employee was terminated by the employer of receiving a=20
FNC result: employer selects this option when employee receives FNC and=20
is terminated;
    [dec221] The employee was terminated by the employer for receiving=20
a No Show result: employer selects this option when employee did not=20
take an action to resolve and is terminated;
    [dec221] The employee was terminated by the employer for choosing=20
not to contest a TNC: employer selects this option when employee does=20
not contest the TNC and is terminated;
    [dec221] The employee voluntarily quit working for the employer:=20
employer selects this option when employee voluntarily quits job=20
without regard to E-Verify;
    [dec221] The employee was terminated by the employer for reasons=20
other than E-Verify: employer selects this option when employee is=20
terminated for reasons other than E-Verify;
    [dec221] The case is invalid because another case with the same=20
data already exists: employer selects this option when the employer ran=20
an invalid query because the information had already been submitted;=20
and
    [dec221] The case is invalid because the data entered is incorrect:=20
employer selects this option when the employer ran an invalid query=20
because the information was incorrect.
     Non-U.S. Citizens:
    [cir] A-Number; and
    [cir] I-94 Number.
     Information about the Employer or Designated Agent:
    [cir] Company Name;
    [cir] Street Address;
    [cir] Employer Identification Number;

[[Page 26743]]

    [cir] North American Industry Classification System (NAICS) Code;
    [cir] Number of Employees;
    [cir] Number of Sites;
    [cir] Parent Company or Corporate Company;
    [cir] Name of Company Point of Contact;
    [cir] Phone Number;
    [cir] Fax Number; and
    [cir] E-Mail Address.
     Information about the Individual Employer User of E-
Verify: (e.g., Human Resource employee conducting E-Verify queries)
    [cir] Last Name;
    [cir] First Name;
    [cir] Middle Initial;
    [cir] Phone Number;
    [cir] Fax Number;
    [cir] E-mail Address; and
    [cir] User ID.
     Employment Eligibility Information created by E-Verify:
    [cir] Case Verification Number;
    [cir] VIS Response:
    [dec221] Employment Authorized;
    [dec221] SSA TNC;
    [dec221] DHS TNC;
    [dec221] SSA Case in Continuance (in rare cases SSA needs more than=20
10 Federal government workdays to confirm employment eligibility);
    [dec221] DHS Case in Continuance (in rare cases DHS needs more than=20
10 Federal government workdays to confirm employment eligibility);
    [dec221] SSA FNC;
    [dec221] DHS Verification in Process;
    [dec221] DHS Employment Unauthorized;
    [dec221] DHS No Show; and
    [dec221] DHS FNC.
    [dec221] Monitoring and Compliance Information created as part of=20
E-Verify: The Verification Division monitors E-Verify to minimize and=20
prevent misuse and fraud of the system. This monitoring information,=20
and the accompanying compliance information, may in some cases be=20
placed in the electronic or paper files that make up E-Verify.) The=20
information may include:
    [cir] Analytic or other information derived from monitoring;
    [cir] Compliance activities, including information placed in the=20
Compliance Tracking and Management System (CTMS);
    [cir] Complaint or hotline reports;
    [cir] Records of communication;
    [cir] Other employment and E-Verify related records, documents, or=20
reports derived from compliance activities, especially in connection=20
with determining the existence of fraud or discrimination in connection=20
with the use of the E-Verify system; and
    [cir] Information derived from telephone calls, e-mails, letters,=20
desk audits or site visits, as well as information from media reports=20
or tips from law enforcement agencies.
     Information collected from Motor Vehicle Agencies (MVAs)=20
and used to verify of the information from a driver's license, permit,=20
or state issued ID card when those documents are presented as documents=20
to establish identity by an employee to an employer during the E-Verify=20
process, and when the jurisdiction under which the document was issued=20
has established a MOA with DHS USCIS to allow verification of this=20
information. Additional manual verification may be required if E-Verify=20
is unable to verify the information submitted by the employer during=20
the automated process. While each state MVA may collect different types=20
of information, information provided to E-Verify may include the=20
following:
    [cir] Last Name;
    [cir] First Name;
    [cir] State or Jurisdiction of Issuance;
    [cir] Document Type;
    [cir] Document Number;
    [cir] Date of Birth;
    [cir] Status Text;
    [cir] Status Description Text; and
    [cir] Expiration Date.
    [cir] Information used to verify employment eligibility. (E-Verify=20
uses VIS as the transactional database to verify the information=20
provided by the employee. VIS contains the E-Verify transaction=20
information. If E-Verify is unable to verify employment eligibility=20
through VIS, additional manual verification may be required. These=20
automated and manual verifications may include the following=20
databases.)
    [cir] Social Security Administration Numident System;
    [cir] USCIS Central Index System (CIS);
    [cir] CBP Nonimmigrant Information System (NIIS) and Border=20
Crossing Information (BCI);
    [cir] USCIS Computer-Linked Application Information Management=20
System Version 3 (CLAIMS 3);
    [cir] USCIS Computer-Linked Application Information Management=20
System Version 4 (CLAIMS 4);
    [cir] USCIS Image Storage and Retrieval System (ISRS);
    [cir] ICE Student and Exchange Visitor Identification System=20
(SEVIS);
    [cir] USCIS Reengineered Naturalization Applications Casework=20
System (RNACS);
    [cir] USCIS Aliens Change of Address System (AR-11);
    [cir] USCIS National File Tracking System (NFTS);
    [cir] USCIS Microfilm Digitization Application System (MiDAS);
    [cir] USCIS Marriage Fraud Amendment System (MFAS);
    [cir] USCIS Citizenship and Immigration Services Centralized=20
Operational Repository (CISCOR);
    [cir] Department of State Consular Consolidated Database (CCD);
    [cir] USCIS Enterprise Document Management System (EDMS);
    [cir] ICE ENFORCE Integrated Database (EID) Enforcement Alien=20
Removal Module (EARM) Alien Number;
    [cir] USCIS Refugees, Asylum, and Parole System (RAPS);
    [cir] US-VISIT Arrival Departure Information System (ADIS); and
    [cir] Department of Justice Executive Office Immigration Review=20
System (EOIR).
     These databases may contain some or all of the following=20
information which will be incorporated into the E-Verify SORN as part=20
of this verification process:
    [cir] Last Name;
    [cir] First Name;
    [cir] Middle Name;
    [cir] Maiden Name;
    [cir] Date of Birth;
    [cir] Age;
    [cir] Country of Birth;
    [cir] Country of Citizenship;
    [cir] Alien Number;
    [cir] Social Security Number;
    [cir] Citizenship Number;
    [cir] Receipt Number;
    [cir] Address;
    [cir] Previous Address;
    [cir] Phone Number;
    [cir] Nationality;
    [cir] Gender;
    [cir] Photograph;
    [cir] Date Entered United States;
    [cir] Class of Admission;
    [cir] File Control Office Code;
    [cir] Form I-94 Number;
    [cir] Provision of Law Cited for Employment Authorization;
    [cir] Office Code Where the Authorization Was Granted;
    [cir] Date Employment Authorization Decision Issued;
    [cir] Date Employment Authorization Begins;
    [cir] Date Employment Authorization Expires;
    [cir] Date Employment Authorization Denied;
    [cir] Confirmation of Employment Eligibility;
    [cir] TNC of Employment Eligibility and Justification; and
    [cir] FNC of Employment Eligibility.
    [cir] Status of Department of Justice Executive Office Immigration=20
Review System (EOIR) Information, if in Proceedings.
    [cir] Date Alien's Status Changed;
    [cir] Class of Admission Code;
    [cir] Date Admitted Until;
    [cir] Port of Entry;

[[Page 26744]]

    [cir] Departure Date;
    [cir] Visa Number;
    [cir] Passport Number;
    [cir] Passport Information;
    [cir] Passport Card Number.
    [cir] Form Number, for example Form I-551 (Lawful Permanent=20
Resident card) or Form I-766 (Employment Authorization Document);
    [cir] Expiration Date;
    [cir] Employment Authorization Card Information;
    [cir] Lawful Permanent Resident Card Information;
    [cir] Petitioner Internal Revenue Service Number;
    [cir] Class of Admission;
    [cir] Valid To Date;
    [cir] Student Status;
    [cir] Visa Code;
    [cir] Status Code;
    [cir] Status Change Date;
    [cir] Port of Entry Code;
    [cir] Non Citizen Entry Date;
    [cir] Program End Date.
    [cir] Naturalization Certificate Number;
    [cir] Naturalization Date and Place;
    [cir] Naturalization Information and Certificate;
    [cir] Naturalization Verification (Citizenship Certificate=20
Identification ID);
    [cir] Naturalization Verification (Citizenship Naturalization Date/
Time);
    [cir] Immigration Status (Immigration Status Code); and
    [cir] Federal Bureau of Investigation Number;
    [cir] Admission Number; and
    [cir] Petitioner Firm Name;
    [cir] Petitioner Tax Number;
    [cir] Date of Admission;
    [cir] Marital Status;
    [cir] Marriage Date and Place;
    [cir] Marriage Information and Certificate;
    [cir] Visa Control Number;
    [cir] FOIL Number;
    [cir] Class of Admission;
    [cir] Federal Bureau of Investigation Number;
    [cir] Case History;
    [cir] Alerts;
    [cir] Case Summary Comments;
    [cir] Case Category;
    [cir] Date of Encounter;
    [cir] Encounter Information;
    [cir] Case Actions & Decisions;
    [cir] Bonds;
    [cir] Current Status;
    [cir] Asylum Applicant Receipt Date;
    [cir] Airline and Flight Number;
    [cir] Country of Residence;
    [cir] City Where Boarded;
    [cir] City Where Visa was Issued;
    [cir] Date Visa Issued;
    [cir] Address While in United States;
    [cir] File Number;
    [cir] File Location; and
    [cir] Decision memoranda, investigatory reports and materials=20
compiled for the purpose of enforcing immigration laws, exhibits,=20
transcripts, and other case-related papers concerning aliens, alleged=20
aliens or lawful permanent residents brought into the administrative=20
adjudication process.

Authority for maintenance of the system:
    The Illegal Immigration Reform and Immigrant Responsibility Act of=20
1996 (IIRIRA), Public Law 104-208, dated September 30, 1996.

Purpose(s):
    This system provides employment authorization information to=20
employers participating in E-Verify. It may also be used to support=20
monitoring and compliance activities for obtaining information in order=20
to prevent the commission of fraud, discrimination, or other misuse or=20
abuse of the E-Verify system, including violation of privacy laws or=20
other illegal activity related to misuse of E-Verify, including:
     Investigating duplicate registrations by employers;
     Inappropriate registration by individuals posing as=20
employers;
     Verifications that are not performed within the required=20
time limits; and
     Cases referred by and between E-Verify and the Department=20
of Justice Office of Special Counsel for Immigration-Related Unfair=20
Employment Practices, or other law enforcement entities.
    Additionally, the information in E-Verify may be used for program=20
management and analysis, program outreach, customer service and=20
preventing or deterring further use of stolen identities in E-Verify.

Routine uses of records maintained in the system, including categories=20
of users and the purposes of such uses:
    In addition to those disclosures generally permitted under 5 U.S.C.=20
552a(b) of the Privacy Act, all or a portion of the records or=20
information contained in this system may be disclosed outside DHS as a=20
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    A. To the Department of Justice (including United States Attorney=20
Offices) or other Federal agency conducting litigation or in=20
proceedings before any court, adjudicative or administrative body, when=20
it is necessary to the litigation and one of the following is a party=20
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=20
DHS has agreed to represent the employee; or
    4. The United States or any agency thereof, is a party to the=20
litigation or has an interest in such litigation, and DHS determines=20
that the records are both relevant and necessary to the litigation and=20
the use of such records is compatible with the purpose for which DHS=20
collected the records.
    B. To a congressional office from the record of an individual in=20
response to an inquiry from that congressional office made at the=20
request of the individual to whom the record pertains.
    C. To the National Archives and Records Administration or other=20
Federal government agencies pursuant to records management inspections=20
being conducted under the authority of 44 U.S.C. 2904 and 2906.
    D. To an agency, organization, or individual for the purpose of=20
performing audit or oversight operations as authorized by law, but only=20
such information as is necessary and relevant to such audit or=20
oversight function.
    E. To appropriate agencies, entities, and persons when:
    1. DHS suspects or has confirmed that the security or=20
confidentiality of information in the system of records has been=20
compromised;
    2. The Department has determined that as a result of the suspected=20
or confirmed compromise there is a risk of harm to economic or property=20
interests, identity theft or fraud, or harm to the security or=20
integrity of this system or other systems or programs (whether=20
maintained by DHS or another agency or entity) or harm to the=20
individual that rely upon the compromised information; and
    3. The disclosure made to such agencies, entities, and persons is=20
reasonably necessary to assist in connection with DHS's efforts to=20
respond to the suspected or confirmed compromise and prevent, minimize,=20
or remedy such harm.
    F. To contractors and their agents, grantees, experts, consultants,=20
and others performing or working on a contract, service, grant,=20
cooperative agreement, or other assignment for DHS, when necessary to=20
accomplish an agency function related to this system of records.=20
Individuals provided information under this routine use are subject to=20
the same Privacy Act requirements and limitations on disclosure as are=20
applicable to DHS officers and employees.
    G. To an appropriate Federal, State, Tribal, local, international,=20
or foreign law enforcement agency or other appropriate authority=20
charged with

[[Page 26745]]

investigating or prosecuting a violation or enforcing or implementing a=20
law, rule, regulation, or order, where a record, either on its face or=20
in conjunction with other information, indicates a violation or=20
potential violation of the E-Verify program, which includes potential=20
fraud, discrimination, or employment based identity theft and such=20
disclosure is proper and consistent with the official duties of the=20
person making the disclosure.
    H. To employers participating in the E-Verify Program in order to=20
verify the employment eligibility of their employees working in the=20
United States.
    I. To the American Association of Motor Vehicle Administrators=20
Network and participating MVAs for the purpose of validating=20
information from a driver's license, permit, or identification card=20
issued by the Motor Vehicle Agency of states or jurisdictions who have=20
signed a Memorandum of Agreement with DHS under the Records and=20
Information from Departments of Motor Vehicles for E-Verify (RIDE)=20
program.
    J. To the DOJ, Civil Rights Division, for the purpose of responding=20
to matters within the DOJ's jurisdiction of the E-Verify Program,=20
especially with respect to discrimination.
    K. To the news media and the public, with the approval of the Chief=20
Privacy Officer in consultation with counsel, when there exists a=20
legitimate public interest in the disclosure of the information or when=20
disclosure is necessary to preserve confidence in the integrity of DHS=20
or is necessary to demonstrate the accountability of DHS's officers,=20
employees, or individuals covered by the system, except to the extent=20
it is determined that release of the specific information in the=20
context of a particular case would constitute an unwarranted invasion=20
of personal privacy.

Disclosure to consumer reporting agencies:
    None.

Policies and practices for storing, retrieving, accessing, retaining,=20
and disposing of records in the system:
Storage:
    Records in this system are stored electronically or on paper in=20
secure facilities in a locked drawer behind a locked door. The records=20
are stored on magnetic disc, tape, digital media, and CD-ROM.

Retrievability:
    Records may be retrieved by name, verification case number, Alien=20
Number, I-94 Number, Receipt Number, Passport (U.S. or Foreign) Number,=20
Driver's License, Permit, or State-Issued Identification Card Number,=20
or SSN of the employee, employee user, or by the submitting company=20
name.

Safeguards:
    Records in this system are safeguarded in accordance with=20
applicable rules and policies, including all applicable DHS automated=20
systems security and access policies. Strict controls have been imposed=20
to minimize the risk of compromising the information that is being=20
stored. Access to the computer system containing the records in this=20
system is limited to those individuals who have a need to know the=20
information for the performance of their official duties and who have=20
appropriate clearances or permissions.

Retention and disposal:
    The retention and disposal schedule, N1-566-08-7 is approved by the=20
National Archives and Records Administration. Records collected in the=20
process of enrolling in E-Verify and in verifying employment=20
eligibility are stored and retained in E-Verify for ten (10) years,=20
from the date of the completion of the last transaction unless the=20
records are part of an on-going investigation in which case they may be=20
retained until completion of the investigation. This period is based on=20
the statute of limitations for most types of misuse or fraud possible=20
using E-Verify (under 18 U.S.C. 3291, the statute of limitations for=20
false statements or misuse regarding passports, citizenship, or=20
naturalization documents).

System Manager and address:
    Chief, Verification Division, U.S. Citizenship and Immigration=20
Services, Washington, DC 20528.

Notification procedure:
    Individuals seeking notification of and access to any record=20
contained in this system of records, or seeking to contest its content,=20
may submit a request in writing to the USCIS Verification Division FOIA=20
Officer, whose contact information can be found at http://www.dhs.gov/foia under =
``contacts.'' If an individual believes more than one=20
component maintains Privacy Act records concerning him or her the=20
individual may submit the request to the Chief Privacy Officer and=20
Chief Freedom of Information Act Officer, Department of Homeland=20
Security, 245 Murray Drive, SW., Building 410, STOP-0655, Washington,=20
DC 20528.
    When seeking records about yourself from this system of records or=20
any other Departmental system of records your request must conform with=20
the Privacy Act regulations set forth in 6 CFR part 5. You must first=20
verify your identity, meaning that you must provide your full name,=20
current address and date and place of birth. You must sign your=20
request, and your signature must either be notarized or submitted under=20
28 U.S.C. 1746, a law that permits statements to be made under penalty=20
of perjury as a substitute for notarization. While no specific form is=20
required, you may obtain forms for this purpose from the Chief Privacy=20
Officer and Chief Freedom of Information Act Officer, http://www.dhs.gov/ or 1-866-431-0486. =
In addition you should provide the=20
following:
     An explanation of why you believe the Department would=20
have information on you;
     Identify which component(s) of the Department you believe=20
may have the information about you;
     Specify when you believe the records would have been=20
created;
     Provide any other information that will help the FOIA=20
staff determine which DHS component agency may have responsive records;=20
and
     If your request is seeking records pertaining to another=20
living individual, you must include a statement from that individual=20
certifying his/her agreement for you to access his/her records.
    Without this bulleted information the component(s) may not be able=20
to conduct an effective search, and your request may be denied due to=20
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)=20
Information collected from employers about their employees relating to=20
employment eligibility verification; (B) Information collected from E-
Verify users used to provide account access and monitoring; (C)=20
Information collected from Federal and state databases as listed in the=20
Category of Records section above; and (D) Information created by E-
Verify, including its monitoring and compliance activities.

Exemptions claimed for the system:
    None.


[[Page 26746]]


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