Privacy Act of 1974; Department of Homeland Security U.S. Citizenship and Immigration Services -011 E-Verify Program System of Records, 47419-47424 [2012-19204]
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Federal Register / Vol. 77, No. 153 / Wednesday, August 8, 2012 / Notices
Freedom of Information Act Officer,
https://www.dhs.gov or 1–866–431–0486.
In addition you should:
• Explain why you believe the
Department would have information on
you;
• Identify which component(s) of the
Department you believe may have the
information about you;
• Specify when you believe the
records would have been created; and
• Provide any other information that
will help the FOIA staff determine
which DHS component agency may
have responsive records.
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 the above 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.
See ‘‘Notification procedure’’ above.
CONTESTING RECORD PROCEDURES:
See ‘‘Notification procedure’’ above.
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RECORD SOURCE CATEGORIES:
Records are obtained from several
sources to include:
(A) Agencies seeking to determine
immigration status;
(B) Individuals seeking public
licenses, benefits, or credentials;
• (C) Information collected from the
Federal databases listed below: Arrival/
Departure Information System (ADIS),
• Central Index System (CIS)
• Computer-Linked Application
Information Management System 3 & 4
(CLAIMS 3 & CLAIMS 4)
• Customer Profile Management
System (CPMS)
• Customs and Border Protection’s
(CBP) Nonimmigrant Information
System and Border Crossing Information
(NIIS and BCI)
• Enforcement Integrated Database
(EID)
• Enforcement Alien Removal
Module (EARM)
• Enterprise Citizenship and
Immigration Services Centralized
Operational Repository (eCISCOR)
• Enterprise Document Management
System (EDMS)
• Marriage Fraud Amendment System
(MFAS)
• Microfilm Digitization Application
System (MiDAS)
• National File Tracking System
(NFTS)
• Refugees, Asylum, and Parole
System (RAPS)
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EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
Dated: July 27, 2012.
Mary Ellen Callahan,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2012–19207 Filed 8–7–12; 8:45 am]
BILLING CODE 9111–97–P
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
RECORD ACCESS PROCEDURES:
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• Student and Exchange Visitor
Identification System (SEVIS)
• Immigration status (e.g., Lawful
Permanent Resident) from the
Department of Justice Executive Office
of Immigration Review (EOIR), System
and the Department of State the
Consular Consolidated Database (DOS–
CCD).
(D) Information created by the
Systematic Alien Verification for
Entitlements (SAVE) program.
Jkt 226001
[Docket No. DHS–2012–0048]
Privacy Act of 1974; Department of
Homeland Security U.S. Citizenship
and Immigration Services –011 EVerify Program System of Records
Privacy Office, Department of
Homeland Security.
ACTION: Notice of Privacy Act system of
records.
AGENCY:
In accordance with the
Privacy Act of 1974, the Department of
Homeland Security proposes to update
and reissue a current Department of
Homeland Security system of records
titled ‘‘Department of Homeland
Security/United States Citizenship and
Immigration Services—011 E-Verify
Program System of Records.’’ The
United States Citizenship and
Immigration Services E-Verify Program
allows employers to check citizenship
status and verify employment eligibility
of newly hired employees. The
Department of Homeland Security is
updating this Privacy Act System of
Records Notice for the E-Verify Program
in order to provide notice that E-Verify
is: (1) Updating the ‘‘Category of
Individuals’’ to remove USCIS
employees and contractors, which are
covered under the DHS/ALL–004
General Information Technology Access
Account Records System SORN, and to
remove individuals who have locked
their Social Security Number (SSN) in
E-Verify since this functionality is not
available; (2) adding the collection of
the foreign passport country of issuance
(COI) from the employers using the
SUMMARY:
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47419
recently updated Form I–9 and from the
United States Visitor and Immigrant
Status Indicator Technology (US–VISIT)
Arrival and Departure Information
System (ADIS) to the ‘‘Categories of
Records;’’ (3) moving the list of sources
of records from ‘‘Category of Records’’ to
‘‘Record Source Categories,’’ removing
two decommissioned systems and
adding two new systems to ‘‘Record
Source Categories;’’ (4) removing the
monitoring and compliance ‘‘Category
of Records’’ because those are now
covered by the Compliance Tracking
and Management System (CTMS) SORN
(74 FR 24022); (5) updating the system
location information for the Verification
Information System (VIS), the
underlying technology supporting the EVerify program, from a contractorowned facility in Meriden, CT to a
government-owned facility in Stennis,
MS; (6) incorporating minor changes to
the ‘‘Routine Uses’’ to improve clarity;
and (7) adding COI to ‘‘Retrievability’’
as a way in which DHS may retrieve
records in this system of records.
This updated system is included in
the Department of Homeland Security’s
inventory of record systems.
DATES: Submit comments on or before
September 7, 2012. This updated system
will be effective September 7, 2012.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2012–0048 by one of the following
methods:
• Federal e-Rulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–343–4010.
• Mail: Jonathan R. Cantor, Acting
Chief Privacy Officer, Privacy Office,
Department of Homeland Security,
Washington, DC 20528.
Instructions: All submissions received
must include the agency name and
docket number for this rulemaking. All
comments received will be posted
without change to https://
www.regulations.gov, including any
personal information provided.
Docket: For access to the docket to
read background documents or
comments received go to https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For
general questions please contact: Brian
C. Hobbs, (202–443–0114), Privacy
Branch Chief, U.S. Citizenship and
Immigration Services, Department of
Homeland Security, 131 M Street NE.,
Suite 200 Mail Stop 2600, Washington,
DC 20529. For privacy issues please
contact: Jonathan R. Cantor (202–343–
1717), Acting Chief Privacy Officer,
Privacy Office, Department of Homeland
Security, Washington, DC 20528.
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SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Privacy Act of
1974, the Department of Homeland
Security proposes to update and reissue
the Department of Homeland Security
system of records titled, ‘‘Department of
Homeland Security/U.S. Citizenship
and Immigrations—011 E-Verify
Program System of Records.’’ The
USCIS E-Verify Program allows
employers to check citizenship status
and verify employment eligibility of
newly hired employees.
DHS is updating this Privacy Act
System of Records Notice for the EVerify Program in order to provide
notice that E-Verify is: (1) Updating the
‘‘Category of Individuals’’ to remove
USCIS employees and contractors,
which are covered under the DHS/ALL–
004 General Information Technology
Access Account Records System SORN,
and to remove individuals who have
locked their SSN in E-Verify since this
functionality is not currently available;
(2) adding the collection of the foreign
passport country of issuance (COI) from
the employers using the recently
updated I–9 Form and from the United
States Visitor and Immigrant Status
Indicator Technology (US–VISIT)
Arrival and Departure Information
System (ADIS) to the ‘‘Categories of
Records;’’ (3) moving the list of sources
of records from ‘‘Category of Records’’ to
‘‘Record Source Categories,’’ removing
two decommissioned systems and
adding two new systems to ‘‘Record
Source Categories;’’ (4) removing the
monitoring and compliance ‘‘Category
of Records’’ because those are now
covered by the Compliance Tracking
and Management System (CTMS) SORN
(74 FR 24022); (5) updating the system
location information for the Verification
Information System (VIS), the
underlying technology supporting the EVerify program, from a contractorowned facility in Meriden, CT to a
government-owned facility in Stennis,
MS; (6) incorporating minor changes to
the ‘‘Routine Uses’’ to improve clarity;
and (7) adding COI to ‘‘Retrievability’’
as a way in which DHS may retrieve
records in this system of records.
DHS is updating the ‘‘Category of
Individuals’’ to remove USCIS
employees and contractors. These
individuals are covered under the DHS/
ALL–004 General Information
Technology Access Account Records
System SORN. Additionally DHS is
updating the ‘‘Category of Individuals’’
to remove individuals who have locked
their SSN in E-Verify. Functionality that
enables individuals to lock their SSNs is
not available in E-Verify.
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15:11 Aug 07, 2012
Jkt 226001
As described in more detail in the
DHS/USCIS/PIA–030(d), E-Verify
currently uses the I–94 number, which
is generally issued to aliens at the time
they lawfully enter the United States, as
a primary identifier to determine
employment eligibility for nonimmigrants. U.S. Customs and Border
Protection (CBP) is in the process of
automating the I–94 system to increase
efficiency and streamline the admission
process for travelers to the United
States. However, since E-Verify depends
on the integrity of the I–94 number and
the CBP’s automation efforts are still
underway, USCIS is updating it process
for E-Verify by using a foreign passport
number and COI as a primary identifier.
A stand-alone passport number does not
result in a unique primary identifier
because multiple countries could issue
the same passport number. Employers
will enter the foreign passport number
and COI. E-Verify will verify this data
against ADIS.
In order to provide greater clarity in
this SORN, USCIS has removed the
sources of records that were described
in the ‘‘Category of Records’’ and moved
them to ‘‘Source Record Categories.’’ In
addition to moving the list of source
records, DHS has removed two sources,
ISRS and RNACS, and added one new
source of records, Customer Profile
Management System (CPMS) for
biometric information on individuals
issued a Permanent Resident Card
(Form I–551).
DHS removed the monitoring and
compliance ‘‘Category of Records’’
because those are now covered by the
Compliance Tracking and Management
System (CTMS) SORN (74 FR 24022).
DHS is also providing public notice of
the relocation of the VIS system. In
alignment with OMB’s Federal Data
Center Consolidation Initiative, the DHS
Office of the Chief Information Officer is
consolidating 43 of the Department’s
legacy data centers into two Enterprise
Data Centers (EDCs), known as Data
Center (DC) 1 and DC2. The
consolidation of numerous Component
systems at our EDCs enables more
effective collection and use of business
information across the enterprise. VIS
was originally stored in a contractor
owned facility in Meriden, CT. Since
the publication of the original SORN,
the system has moved to the DHSowned facility, DC1.
DHS is updating the routine uses to
add additional clarity concerning the
uses of data. These updates do not
create any new sharing uses of data. The
routine uses are being updated to add
general language ensuring that ‘‘[a]ny
disclosure of information must be made
consistent with the official duties of the
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person making the disclosure.’’ Routine
uses A, B, and D are being reworded to
provide greater clarity and make nonsubstantive grammatical changes.
Routine use C is being updated to
change ‘‘other federal government
agencies’’ to ‘‘General Services
Administration’’ to better reflect the
statutory authorities and the fact that
records will be shared with the National
Archives and Records Administration
(NARA) where NARA maintains the
records as permanent records.
DHS is updating ‘‘Retreivability’’ to
include COI as a way in which DHS
may retrieve records in this system of
records.
II. Privacy Act
The Privacy Act embodies fair
information practice principles in a
statutory framework governing the
means by which the federal government
agencies collect, maintain, use, and
disseminate 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 U.S.
citizens and lawful permanent
residents. As a matter of policy, the
Department of Homeland Security
extends administrative Privacy Act
protections to all individuals where
systems of records maintain information
on U.S. citizens, lawful permanent
residents, and visitors.
Below is the description of the DHS/
U.S. Citizenship and Immigration
Services—011, E-Verify Program System
of Records.
In accordance with 5 U.S.C. 552a(r),
DHS has provided a report of this
system of records to the Office of
Management and Budget and to
Congress.
System of Records
Department of Homeland Security
(DHS)/U.S. Citizenship and Immigration
Services (USCIS)—011
SYSTEM NAME:
DHS/U.S. Citizenship and
Immigration Services—011—E-Verify
Program
SECURITY CLASSIFICATION:
Unclassified, for official use only.
SYSTEM LOCATION:
Records are maintained at the U.S.
Citizenship and Immigration Services
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(USCIS) Headquarters in Washington,
DC and field offices; and at the DHS
Stennis Data Center (DC1).
CATEGORIES OF UNDIVIDUALS COVERED BY THE
SYSTEM:
Categories of individuals covered by
the E-Verify program include:
employees, both U.S. Citizens and non–
U.S. Citizens, whose employers have
submitted to E-Verify their
identification information; employers
who enroll in E-Verify; designated
agents who enroll in E-Verify;
individuals employed or retained by
employers or designated agents who
have accounts to use E-Verify;
individuals who contact E-Verify with
information on the use of E-Verify; and
individuals who provide their names
and contact information to E-Verify for
notification or contact purposes.
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CATEGORIES OF RECORDS IN THE SYSTEM:
A. Information about the employee to
be verified:
• Name (last, first, middle initial,
maiden)
• Date of Birth
• Social Security Number
• Date of Hire
• Information related to the
expiration of the three day hire
• Awaiting SSN
Æ Technical Problems
Æ Audit Revealed New Hire Was Not
Run
Æ Federal Contractor With E-Verify
Clause Verifying Existing Employees
Æ Other
• Claimed Citizenship Status
• Acceptable Form I–9 document
type
• Expiration Date of Acceptable Form
I–9 Document
• State or jurisdiction of issuance of
identity document when that document
is a driver’s license, driver’s permit, or
state-issued identification (ID) card
• Passport Number and Country of
Issuance
• Driver’s license number, driver’s
permit number, or state-issued ID
number if issued by a state or
jurisdiction participating in the Records
and Information from Departments of
Motor Vehicles for E-Verify (RIDE)
program and where an Memorandum of
Agreement (MOA) exists between the
state or jurisdiction and DHS USCIS to
verify the information about the
document
• Receipt Number
• Visa Number
• A-Number
• I–94 Number
• Employment Authorization
Document (Form I–766) Number
• Permanent Residence Card (Form I–
551) Number Photographs, if required
by secondary verification
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Jkt 226001
B. 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:
• 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;
• The employee continues to work for
the employer after receiving a Final
Non-confirmation (FNC) result:
Employer selects this option based on
the employee getting an FNC despite the
employee contesting the Tentative Nonconfirmation (TNC) and the employer
retains the employee;
• 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;
• The employee continues to work for
the employer after choosing not to
contest a TNC: Employer selects this
option when the employee does not
contest the TNC but the employer
retains the employee;
• The employee was terminated by
the employer for receiving a FNC result:
Employer selects this option when
employee receives FNC and is
terminated;
• 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;
• The employee was terminated by
the employer for choosing not to contest
a TNC: Employer selects this option
when employee does not contest the
TNC and is terminated;
• The employee voluntarily quit
working for the employer: Employer
selects this option when employee
voluntarily quits job without regard to
E-Verify;
• The employee was terminated by
the employer for reasons other than EVerify: Employer selects this option
when employee is terminated for
reasons other than E-Verify;
• 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;
• 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.
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C. Information about the Employer or
Designated Agent:
• Company Name
• Street Address
• Employer Identification Number
• North American Industry
Classification System (NAICS) Code
• Number of Employees
• Number of Sites
• Parent Company or Corporate
Company
• Name of Company Point of Contact
• Phone Number
• Fax Number
• Email Address
D. Information about the Individual
Employer User of E-Verify: (e.g., Human
Resource employee conducting E-Verify
queries):
• Last Name
• First Name
• Middle Initial
• Phone Number
• Fax Number
• Email Address
• User ID
E. Employment Eligibility Information
created by E-Verify:
• Case Verification Number
• VIS Response
Æ Employment Authorized
Æ SSA TNC
Æ DHS TNC
Æ SSA Case in Continuance (In rare
cases SSA needs more than 10 federal
government workdays to confirm
employment eligibility)
Æ DHS Case in Continuance (In rare
cases DHS needs more than 10 federal
government workdays to confirm
employment eligibility)
Æ SSA FNC
Æ DHS Verification in Process
Æ DHS Employment Unauthorized
Æ DHS No Show
Æ DHS FNC
F. Information from state Motor
Vehicle Agencies (MVAs) used to verify
of the information from a driver’s
license, permit, or state issued ID card
if the state has established a MOA with
DHS USCIS to allow verification of this
information. The categories of records
from MVAs may include:
Last Name
Æ First Name
Æ State or Jurisdiction of Issuance
Æ Document Type
Æ Document Number
Æ Date of Birth
Æ Status Text
Æ Status Description Text
Æ Expiration Date
G. Information from federal databases
used to verify employment eligibility
may contain some or all of the following
information about the individual being
verified:
Æ Last Name
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Æ First Name
Æ Middle Name
Æ Maiden Name
Æ Date of Birth
Æ Age
Æ Country of Birth
Æ Country of Citizenship
Æ Alien Number
Æ Social Security Number
Æ Citizenship Number
Æ Receipt Number
Æ Address
Æ Previous Address
Æ Phone Number
Æ Nationality
Æ Gender
Æ Photograph
Æ Date Entered United States
Æ Class of Admission
Æ File Control Office Code
Æ Form I–94 Number
Æ Provision of Law Cited for
Employment Authorization
Æ Office Code Where the
Authorization Was Granted
Æ Date Employment Authorization
Decision Issued
Æ Date Employment Authorization
Begins
Æ Date Employment Authorization
Expires
Æ Date Employment Authorization
Denied
Æ Confirmation of Employment
Eligibility
Æ TNC of Employment Eligibility and
Justification
Æ FNC of Employment Eligibility
Æ Status of Department of Justice
Executive Office Immigration Review
System (EOIR) Information, if in
Proceedings
Æ Date Alien’s Status Changed
Æ Class of Admission Code
Æ Date Admitted Until
Æ Port of Entry
Æ Departure Date
Æ Visa Number
Æ Passport Number
Æ Passport Information including COI
Æ Passport Card Number
Æ Form Number, for example Form I–
551 (Lawful Permanent Resident card)
or Form I–766 (Employment
Authorization Document);
Æ Expiration Date
Æ Employment Authorization Card
Information
Æ Lawful Permanent Resident Card
Information
Æ Petitioner Internal Revenue Service
Number
Æ Class of Admission
Æ Valid To Date
Æ Student Status
Æ Visa Code
Æ Status Code
Æ Status Change Date
Æ Port of Entry Code
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Æ Non-Citizen Entry Date
Æ Program End Date
Æ Naturalization Certificate Number
Æ Naturalization Date and Place
Æ Naturalization Information and
Certificate
Æ Naturalization Verification
(Citizenship Certificate Identification
ID)
Æ Naturalization Verification
(Citizenship Naturalization Date/Time)
Æ Immigration Status (Immigration
Status Code)
Æ Federal Bureau of Investigation
Number
Æ Admission Number
Æ Petitioner Firm Name
Æ Petitioner Tax Number
Æ Date of Admission
Æ Marital Status
Æ Marriage Date and Place
Æ Marriage Information and
Certificate
Æ Visa Control Number
Æ Visa Foil Number
Æ Class of Admission
Æ Federal Bureau of Investigation
Number
Æ Case History
Æ Alerts
Æ Case Summary Comments
Æ Case Category
Æ Date of Encounter
Æ Encounter Information
Æ Case Actions & Decisions
Æ Bonds
Æ Current Status
Æ Asylum Applicant Receipt Date
Æ Airline and Flight Number
Æ Country of Residence
Æ City Where Boarded
Æ City Where Visa was Issued
Æ Date Visa Issued
Æ Address While in United States
Æ File Number
Æ File Location
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Authority for having a system for
verification of employment eligibility is
found in The Illegal Immigration Reform
and Immigrant Responsibility Act of
1996 (IIRIRA), Public Law 104–208
(1996).
PURPOSE(S):
This system provides employment
authorization information to employers
participating in E-Verify. It may also be
used to support monitoring and
compliance activities for obtaining
information in order to prevent the
commission of fraud, discrimination, or
other misuse or abuse of the E-Verify
system, including violation of privacy
laws or other illegal activity related to
misuse of E-Verify, including:
• Investigating duplicate registrations
by employers;
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• Inappropriate registration by
individuals posing as employers;
• Verifications that are not performed
within the required time limits; and
• Cases referred by and between EVerify and the Department of Justice
Office of Special Counsel for
Immigration-Related Unfair
Employment Practices, or other law
enforcement entities.
Additionally, the information in EVerify may be used for program
management and analysis, program
outreach, customer service and
preventing or deterring further use of
stolen identities in E-Verify.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
In addition to those disclosures
generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a
portion of the records or information
contained in this system may be
disclosed outside the Department of
Homeland Security as a routine use
pursuant to 5 U.S.C. 552a(b)(3). Any
disclosure of information must be made
consistent with the official duties of the
person making the disclosure. The
routine uses are as follows:
A. To the Department of Justice (DOJ),
including U.S. Attorney Offices, or other
federal agency conducting litigation or
in proceedings before any court,
adjudicative or administrative body,
when it is relevant or 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 U.S. or any agency thereof.
B. To a congressional office from the
record of an individual in response to a
written inquiry from that congressional
office made pursuant to a Privacy Act
waiver from the individual to whom the
record pertains.
C. To the National Archives and
Records Administration (NARA) or
General Services Administration
pursuant to records management
inspections being conducted under the
authority of 44 U.S.C. 2904 and 2906.
D. To an agency or organization 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
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information in the system of records has
been compromised;
2. DHS 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 law, which
includes criminal, civil, or regulatory
violations and such disclosure is proper
and consistent with the official duties of
the person making the disclosure.
H. To employers participating in the
E-Verify Program in order to verify the
employment eligibility of their
employees working in the United States.
I. To the American Association of
Motor Vehicle Administrators Network
and participating MVAs for the purpose
of validating information for a driver’s
license, permit, or identification card
issued by the Motor Vehicle Agency of
states or jurisdictions who have signed
a Memorandum of Agreement with DHS
under the Records and Information from
Departments of Motor Vehicles for EVerify (RIDE) program.
J. To the DOJ, Civil Rights Division,
for the purpose of responding to matters
within the DOJ’s jurisdiction of the EVerify Program, especially with respect
to discrimination.
K. To the news media and the public,
with the approval of the Chief Privacy
Officer in consultation with counsel,
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Jkt 226001
when there exists a legitimate public
interest in the disclosure of the
information or when disclosure is
necessary to preserve confidence in the
integrity of DHS or is necessary to
demonstrate the accountability of DHS’s
officers, employees, or individuals
covered by the system, except to the
extent it is determined that release of
the specific information in the context
of a particular case would constitute an
unwarranted invasion of personal
privacy.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records in this system are stored
electronically or on paper in secure
facilities in a locked drawer behind a
locked door. The records are stored on
magnetic disc, tape, digital media, and
CD–ROM.
RETRIEVABILITY:
Records may be retrieved by name,
verification case number, Alien
Number, I–94 Number, Receipt Number,
Passport (U.S. or Foreign) Number and
Country of Issuance (COI), Driver’s
License, Permit, or State-Issued
Identification Card Number, or SSN of
the employee, employee user, or by the
submitting company name.
SAFEGUARDS:
Records in this system are
safeguarded in accordance with
applicable rules and policies, including
all applicable DHS automated systems
security and access policies. Strict
controls have been imposed to minimize
the risk of compromising the
information that is being stored. Access
to the computer system containing the
records in this system is limited to those
individuals who have a need to know
the information for the performance of
their official duties and who have
appropriate clearances or permissions.
RETENTION AND DISPOSAL:
The retention and disposal schedule,
N1–566–08–7 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
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
PO 00000
Frm 00066
Fmt 4703
Sfmt 4703
47423
the statute of limitations for most types
of misuse or fraud possible using EVerify (under 18 U.S.C. 3291, the statute
of limitations for false statements or
misuse regarding passports, citizenship,
or naturalization documents).
SYSTEM MANAGER AND ADDRESS:
Chief, Verification Division, U.S.
Citizenship and Immigration Services
(USCIS), Washington, DC 20528.
NOTIFICATION PROCEDURE:
Individuals seeking notification of
and access to any record contained in
this system of records, or seeking to
contest its content, may submit a
request in writing to the U.S.
Citizenship and Immigration Services
(USCIS), Freedom of Information Act
(FOIA) Officer, whose contact
information can be found at https://
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,
https://www.dhs.gov or 1–866–431–0486.
In addition you should:
• Explain why you believe the
Department would have information on
you;
• Identify which component(s) of the
Department you believe may have the
information about you;
• Specify when you believe the
records would have been created;
• Provide any other information that
will help the FOIA staff determine
which DHS component agency may
have responsive records; and
If your request is seeking records
pertaining to another living individual,
you must include a statement from that
individual certifying his/her agreement
for you to access his/her records.
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Federal Register / Vol. 77, No. 153 / Wednesday, August 8, 2012 / Notices
Without the above 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.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
RECORD ACCESS PROCEDURES:
[FR Doc. 2012–19204 Filed 8–7–12; 8:45 am]
None.
Dated: July 27, 2012.
Mary Ellen Callahan,
Chief Privacy Officer, Department of
Homeland Security.
See ‘‘Notification procedure’’ above.
BILLING CODE 9111–97–P
CONTESTING RECORD PROCEDURES:
See ‘‘Notification procedure’’ above.
wreier-aviles on DSK7SPTVN1PROD with NOTICES
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 EVerify users used to provide account
access and monitoring;
(C) Information collected from Federal
and state databases listed below:
• Social Security Administration
Numident System
• CBP Nonimmigrant Information
System (NIIS) and Border Crossing
Information (BCI)
• ICE Student and Exchange Visitor
Identification System (SEVIS)
• ICE ENFORCE Integrated Database
(EID) Enforcement Alien Removal
Module (EARM) Alien Number
• USCIS Aliens Change of Address
System (AR–11)
• USCIS Central Index System (CIS)
• USCIS Customer Profile
Management System (CPMS)
• USCIS Computer-Linked
Application Information Management
System Version 3 (CLAIMS 3)
• USCIS Computer-Linked
Application Information Management
System Version 4 (CLAIMS 4)
• USCIS Citizenship and Immigration
Services Centralized Operational
Repository (CISCOR)
• USCIS National File Tracking
System (NFTS)
• USCIS Microfilm Digitization
Application System (MiDAS)
• USCIS Marriage Fraud Amendment
System (MFAS)
• USCIS Enterprise Document
Management System (EDMS)
• USCIS Refugees, Asylum, and
Parole System (RAPS)
• US–VISIT Arrival Departure
Information System (ADIS)
• Department of State Consular
Consolidated Database (CCD)
• Department of Justice Executive
Office Immigration Review System
(EOIR) State Motor Vehicle
Administrations, if participating in the
E-Verify RIDE initiative.
(D) Information created by E-Verify.
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Jkt 226001
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
[Docket No. USCG—2012—0763]
Merchant Marine Personnel Advisory
Committee
Coast Guard, DHS.
Notice of Federal Advisory
Committee Meeting.
AGENCY:
ACTION:
The Merchant Marine
Personnel Advisory Committee
(MERPAC) will meet in Washington,
DC, to discuss various issues related to
the training and fitness of merchant
marine personnel. This meeting will be
open to the public.
DATES: MERPAC working groups will
meet on September 11, 2012, from 8
a.m. until 4 p.m., and the full committee
will meet briefly on the morning of
September 11 and on September 12,
2012, from 8 a.m. until 4 p.m. This
meeting may adjourn early if all
business is finished. Written comments
to be distributed to committee members
and placed on MERPAC’s Web site are
due August 31, 2012.
ADDRESSES: The Committee will meet in
Room 2501 of the U.S. Coast Guard
Headquarters Building, 2100 Second
Street SW., Washington, DC 20593.
Attendees will be required to provide a
picture identification card and pass
through a magnetometer in order to gain
admittance to the U.S. Coast Guard
Headquarters Building. Visitors should
also arrive at least 30 minutes in
advance of the meeting in case of long
lines at the entrance.
For information on facilities or
services for individuals with disabilities
or to request special assistance, contact
Mr. Rogers Henderson at 202–372–1408
as soon as possible.
To facilitate public participation, we
are inviting public comment on the
issues to be considered by the
Committee and working groups as listed
in the ‘‘Agenda’’ section below. Written
comments must be identified by Docket
No. USCG–2012–0763 and submitted by
one of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
SUMMARY:
PO 00000
Frm 00067
Fmt 4703
Sfmt 4703
instructions for submitting comments
(preferred method to avoid delays in
processing).
• Fax: 202–372–1918.
• Mail: Docket Management Facility
(M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue SE., Washington, DC 20590–
0001.
• Hand delivery: Same as mail
address above, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal Holidays. The telephone
number is 202–366–9329.
Instructions: All submissions received
must include the words ‘‘Department of
Homeland Security’’ and the docket
number for this action. Comments
received will be posted without
alteration at https://www.regulations.gov,
including any personal information
provided. You may review a Privacy Act
notice regarding our public dockets in
the January 17, 2008, issue of the
Federal Register (73 FR 3316).
Docket: For access to the docket to
read documents or comments related to
this notice, go to https://
www.regulations.gov.
Any requests to make oral
presentations should be made in
advance using one of the methods
highlighted above. This notice may be
viewed in our online docket, USCG–
2012–0763, at https://
www.regulations.gov.
Mr.
Rogers Henderson, Alternate Designated
Federal Officer (ADFO), telephone 202–
372–1408. If you have any questions on
viewing or submitting material to the
docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone
202–366–9826.
SUPPLEMENTARY INFORMATION: Notice of
this meeting is given under the Federal
Advisory Committee Act, 5 U.S.C. App.
(Pub. L. 92–463).
MERPAC is an advisory committee
established under the Secretary’s
authority in section 871 of the
Homeland Security Act of 2002, Title 6,
United States Code, section 451, and
chartered under the provisions of the
FACA. The Committee acts solely in an
advisory capacity to the Secretary of the
Department of Homeland Security
(DHS) through the Commandant of the
Coast Guard and the Director of
Commercial Regulations and Standards
on matters relating to personnel in the
U.S. merchant marine, including but not
limited to training, qualifications,
certification, documentation, and fitness
standards. The Committee will advise,
consult with, and make
FOR FURTHER INFORMATION CONTACT:
E:\FR\FM\08AUN1.SGM
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Agencies
[Federal Register Volume 77, Number 153 (Wednesday, August 8, 2012)]
[Notices]
[Pages 47419-47424]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-19204]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2012-0048]
Privacy Act of 1974; Department of Homeland Security U.S.
Citizenship and Immigration Services -011 E-Verify Program System of
Records
AGENCY: Privacy Office, Department of Homeland Security.
ACTION: Notice of Privacy Act system of records.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Privacy Act of 1974, the Department of
Homeland Security proposes to update and reissue a current Department
of Homeland Security system of records titled ``Department of Homeland
Security/United States Citizenship and Immigration Services--011 E-
Verify Program System of Records.'' The United States Citizenship and
Immigration Services E-Verify Program allows employers to check
citizenship status and verify employment eligibility of newly hired
employees. The Department of Homeland Security is updating this Privacy
Act System of Records Notice for the E-Verify Program in order to
provide notice that E-Verify is: (1) Updating the ``Category of
Individuals'' to remove USCIS employees and contractors, which are
covered under the DHS/ALL-004 General Information Technology Access
Account Records System SORN, and to remove individuals who have locked
their Social Security Number (SSN) in E-Verify since this functionality
is not available; (2) adding the collection of the foreign passport
country of issuance (COI) from the employers using the recently updated
Form I-9 and from the United States Visitor and Immigrant Status
Indicator Technology (US-VISIT) Arrival and Departure Information
System (ADIS) to the ``Categories of Records;'' (3) moving the list of
sources of records from ``Category of Records'' to ``Record Source
Categories,'' removing two decommissioned systems and adding two new
systems to ``Record Source Categories;'' (4) removing the monitoring
and compliance ``Category of Records'' because those are now covered by
the Compliance Tracking and Management System (CTMS) SORN (74 FR
24022); (5) updating the system location information for the
Verification Information System (VIS), the underlying technology
supporting the E-Verify program, from a contractor-owned facility in
Meriden, CT to a government-owned facility in Stennis, MS; (6)
incorporating minor changes to the ``Routine Uses'' to improve clarity;
and (7) adding COI to ``Retrievability'' as a way in which DHS may
retrieve records in this system of records.
This updated system is included in the Department of Homeland
Security's inventory of record systems.
DATES: Submit comments on or before September 7, 2012. This updated
system will be effective September 7, 2012.
ADDRESSES: You may submit comments, identified by docket number DHS-
2012-0048 by one of the following methods:
Federal e-Rulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 202-343-4010.
Mail: Jonathan R. Cantor, Acting Chief Privacy Officer,
Privacy Office, Department of Homeland Security, Washington, DC 20528.
Instructions: All submissions received must include the agency name
and docket number for this rulemaking. All comments received will be
posted without change to https://www.regulations.gov, including any
personal information provided.
Docket: For access to the docket to read background documents or
comments received go to https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For general questions please contact:
Brian C. Hobbs, (202-443-0114), Privacy Branch Chief, U.S. Citizenship
and Immigration Services, Department of Homeland Security, 131 M Street
NE., Suite 200 Mail Stop 2600, Washington, DC 20529. For privacy issues
please contact: Jonathan R. Cantor (202-343-1717), Acting Chief Privacy
Officer, Privacy Office, Department of Homeland Security, Washington,
DC 20528.
[[Page 47420]]
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Privacy Act of 1974, the Department of
Homeland Security proposes to update and reissue the Department of
Homeland Security system of records titled, ``Department of Homeland
Security/U.S. Citizenship and Immigrations--011 E-Verify Program System
of Records.'' The USCIS E-Verify Program allows employers to check
citizenship status and verify employment eligibility of newly hired
employees.
DHS is updating this Privacy Act System of Records Notice for the
E-Verify Program in order to provide notice that E-Verify is: (1)
Updating the ``Category of Individuals'' to remove USCIS employees and
contractors, which are covered under the DHS/ALL-004 General
Information Technology Access Account Records System SORN, and to
remove individuals who have locked their SSN in E-Verify since this
functionality is not currently available; (2) adding the collection of
the foreign passport country of issuance (COI) from the employers using
the recently updated I-9 Form and from the United States Visitor and
Immigrant Status Indicator Technology (US-VISIT) Arrival and Departure
Information System (ADIS) to the ``Categories of Records;'' (3) moving
the list of sources of records from ``Category of Records'' to ``Record
Source Categories,'' removing two decommissioned systems and adding two
new systems to ``Record Source Categories;'' (4) removing the
monitoring and compliance ``Category of Records'' because those are now
covered by the Compliance Tracking and Management System (CTMS) SORN
(74 FR 24022); (5) updating the system location information for the
Verification Information System (VIS), the underlying technology
supporting the E-Verify program, from a contractor-owned facility in
Meriden, CT to a government-owned facility in Stennis, MS; (6)
incorporating minor changes to the ``Routine Uses'' to improve clarity;
and (7) adding COI to ``Retrievability'' as a way in which DHS may
retrieve records in this system of records.
DHS is updating the ``Category of Individuals'' to remove USCIS
employees and contractors. These individuals are covered under the DHS/
ALL-004 General Information Technology Access Account Records System
SORN. Additionally DHS is updating the ``Category of Individuals'' to
remove individuals who have locked their SSN in E-Verify. Functionality
that enables individuals to lock their SSNs is not available in E-
Verify.
As described in more detail in the DHS/USCIS/PIA-030(d), E-Verify
currently uses the I-94 number, which is generally issued to aliens at
the time they lawfully enter the United States, as a primary identifier
to determine employment eligibility for non-immigrants. U.S. Customs
and Border Protection (CBP) is in the process of automating the I-94
system to increase efficiency and streamline the admission process for
travelers to the United States. However, since E-Verify depends on the
integrity of the I-94 number and the CBP's automation efforts are still
underway, USCIS is updating it process for E-Verify by using a foreign
passport number and COI as a primary identifier. A stand-alone passport
number does not result in a unique primary identifier because multiple
countries could issue the same passport number. Employers will enter
the foreign passport number and COI. E-Verify will verify this data
against ADIS.
In order to provide greater clarity in this SORN, USCIS has removed
the sources of records that were described in the ``Category of
Records'' and moved them to ``Source Record Categories.'' In addition
to moving the list of source records, DHS has removed two sources, ISRS
and RNACS, and added one new source of records, Customer Profile
Management System (CPMS) for biometric information on individuals
issued a Permanent Resident Card (Form I-551).
DHS removed the monitoring and compliance ``Category of Records''
because those are now covered by the Compliance Tracking and Management
System (CTMS) SORN (74 FR 24022).
DHS is also providing public notice of the relocation of the VIS
system. In alignment with OMB's Federal Data Center Consolidation
Initiative, the DHS Office of the Chief Information Officer is
consolidating 43 of the Department's legacy data centers into two
Enterprise Data Centers (EDCs), known as Data Center (DC) 1 and DC2.
The consolidation of numerous Component systems at our EDCs enables
more effective collection and use of business information across the
enterprise. VIS was originally stored in a contractor owned facility in
Meriden, CT. Since the publication of the original SORN, the system has
moved to the DHS-owned facility, DC1.
DHS is updating the routine uses to add additional clarity
concerning the uses of data. These updates do not create any new
sharing uses of data. The routine uses are being updated to add general
language ensuring that ``[a]ny disclosure of information must be made
consistent with the official duties of the person making the
disclosure.'' Routine uses A, B, and D are being reworded to provide
greater clarity and make non-substantive grammatical changes. Routine
use C is being updated to change ``other federal government agencies''
to ``General Services Administration'' to better reflect the statutory
authorities and the fact that records will be shared with the National
Archives and Records Administration (NARA) where NARA maintains the
records as permanent records.
DHS is updating ``Retreivability'' to include COI as a way in which
DHS may retrieve records in this system of records.
II. Privacy Act
The Privacy Act embodies fair information practice principles in a
statutory framework governing the means by which the federal government
agencies collect, maintain, use, and disseminate 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 U.S. citizens and lawful
permanent residents. As a matter of policy, the Department of Homeland
Security extends administrative Privacy Act protections to all
individuals where systems of records maintain information on U.S.
citizens, lawful permanent residents, and visitors.
Below is the description of the DHS/U.S. Citizenship and
Immigration Services--011, E-Verify Program System of Records.
In accordance with 5 U.S.C. 552a(r), DHS has provided a report of
this system of records to the Office of Management and Budget and to
Congress.
System of Records
Department of Homeland Security (DHS)/U.S. Citizenship and
Immigration Services (USCIS)--011
System name:
DHS/U.S. Citizenship and Immigration Services--011--E-Verify
Program
Security classification:
Unclassified, for official use only.
System location:
Records are maintained at the U.S. Citizenship and Immigration
Services
[[Page 47421]]
(USCIS) Headquarters in Washington, DC and field offices; and at the
DHS Stennis Data Center (DC1).
Categories of Undividuals Covered by the System:
Categories of individuals covered by the E-Verify program include:
employees, both U.S. Citizens and non-U.S. Citizens, whose employers
have submitted to E-Verify their identification information; employers
who enroll in E-Verify; designated agents who enroll in E-Verify;
individuals employed or retained by employers or designated agents who
have accounts to use E-Verify; individuals who contact E-Verify with
information on the use of E-Verify; and individuals who provide their
names and contact information to E-Verify for notification or contact
purposes.
Categories of Records in the System:
A. Information about the employee to be verified:
Name (last, first, middle initial, maiden)
Date of Birth
Social Security Number
Date of Hire
Information related to the expiration of the three day
hire
Awaiting SSN
[cir] Technical Problems
[cir] Audit Revealed New Hire Was Not Run
[cir] Federal Contractor With E-Verify Clause Verifying Existing
Employees
[cir] Other
Claimed Citizenship Status
Acceptable Form I-9 document type
Expiration Date of Acceptable Form I-9 Document
State or jurisdiction of issuance of identity document
when that document is a driver's license, driver's permit, or state-
issued identification (ID) card
Passport Number and Country of Issuance
Driver's license number, driver's permit number, or state-
issued ID number if issued by a state or jurisdiction participating in
the Records and Information from Departments of Motor Vehicles for E-
Verify (RIDE) program and where an Memorandum of Agreement (MOA) exists
between the state or jurisdiction and DHS USCIS to verify the
information about the document
Receipt Number
Visa Number
A-Number
I-94 Number
Employment Authorization Document (Form I-766) Number
Permanent Residence Card (Form I-551) Number Photographs,
if required by secondary verification
B. 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:
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;
The employee continues to work for the employer after
receiving a Final Non-confirmation (FNC) result: Employer selects this
option based on the employee getting an FNC despite the employee
contesting the Tentative Non-confirmation (TNC) and the employer
retains the employee;
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;
The employee continues to work for the employer after
choosing not to contest a TNC: Employer selects this option when the
employee does not contest the TNC but the employer retains the
employee;
The employee was terminated by the employer for receiving
a FNC result: Employer selects this option when employee receives FNC
and is terminated;
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;
The employee was terminated by the employer for choosing
not to contest a TNC: Employer selects this option when employee does
not contest the TNC and is terminated;
The employee voluntarily quit working for the employer:
Employer selects this option when employee voluntarily quits job
without regard to E-Verify;
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;
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;
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.
C. Information about the Employer or Designated Agent:
Company Name
Street Address
Employer Identification Number
North American Industry Classification System (NAICS) Code
Number of Employees
Number of Sites
Parent Company or Corporate Company
Name of Company Point of Contact
Phone Number
Fax Number
Email Address
D. Information about the Individual Employer User of E-Verify:
(e.g., Human Resource employee conducting E-Verify queries):
Last Name
First Name
Middle Initial
Phone Number
Fax Number
Email Address
User ID
E. Employment Eligibility Information created by E-Verify:
Case Verification Number
VIS Response
[cir] Employment Authorized
[cir] SSA TNC
[cir] DHS TNC
[cir] SSA Case in Continuance (In rare cases SSA needs more than 10
federal government workdays to confirm employment eligibility)
[cir] DHS Case in Continuance (In rare cases DHS needs more than 10
federal government workdays to confirm employment eligibility)
[cir] SSA FNC
[cir] DHS Verification in Process
[cir] DHS Employment Unauthorized
[cir] DHS No Show
[cir] DHS FNC
F. Information from state Motor Vehicle Agencies (MVAs) used to
verify of the information from a driver's license, permit, or state
issued ID card if the state has established a MOA with DHS USCIS to
allow verification of this information. The categories of records from
MVAs may include:
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
[cir] Expiration Date
G. Information from federal databases used to verify employment
eligibility may contain some or all of the following information about
the individual being verified:
[cir] Last Name
[[Page 47422]]
[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
[cir] FNC of Employment Eligibility
[cir] Status of Department of Justice Executive Office Immigration
Review System (EOIR) Information, if in Proceedings
[cir] Date Alien's Status Changed
[cir] Class of Admission Code
[cir] Date Admitted Until
[cir] Port of Entry
[cir] Departure Date
[cir] Visa Number
[cir] Passport Number
[cir] Passport Information including COI
[cir] Passport Card Number
[cir] Form Number, for example Form I-551 (Lawful Permanent
Resident card) or Form I-766 (Employment Authorization Document);
[cir] Expiration Date
[cir] Employment Authorization Card Information
[cir] Lawful Permanent Resident Card Information
[cir] Petitioner Internal Revenue Service Number
[cir] Class of Admission
[cir] Valid To Date
[cir] Student Status
[cir] Visa Code
[cir] Status Code
[cir] Status Change Date
[cir] Port of Entry Code
[cir] Non-Citizen Entry Date
[cir] Program End Date
[cir] Naturalization Certificate Number
[cir] Naturalization Date and Place
[cir] Naturalization Information and Certificate
[cir] Naturalization Verification (Citizenship Certificate
Identification ID)
[cir] Naturalization Verification (Citizenship Naturalization Date/
Time)
[cir] Immigration Status (Immigration Status Code)
[cir] Federal Bureau of Investigation Number
[cir] Admission Number
[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] Visa 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
Authority for Maintenance of the System:
Authority for having a system for verification of employment
eligibility is found in The Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (IIRIRA), Public Law 104-208 (1996).
Purpose(s):
This system provides employment authorization information to
employers participating in E-Verify. It may also be used to support
monitoring and compliance activities for obtaining information in order
to prevent the commission of fraud, discrimination, or other misuse or
abuse of the E-Verify system, including violation of privacy laws or
other illegal activity related to misuse of E-Verify, including:
Investigating duplicate registrations by employers;
Inappropriate registration by individuals posing as
employers;
Verifications that are not performed within the required
time limits; and
Cases referred by and between E-Verify and the Department
of Justice Office of Special Counsel for Immigration-Related Unfair
Employment Practices, or other law enforcement entities.
Additionally, the information in E-Verify may be used for program
management and analysis, program outreach, customer service and
preventing or deterring further use of stolen identities in E-Verify.
Routine Uses of Records Maintained in the System, Including Categories
of Users and the Purposes of Such Uses:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a portion of the records or
information contained in this system may be disclosed outside the
Department of Homeland Security as a routine use pursuant to 5 U.S.C.
552a(b)(3). Any disclosure of information must be made consistent with
the official duties of the person making the disclosure. The routine
uses are as follows:
A. To the Department of Justice (DOJ), including U.S. Attorney
Offices, or other federal agency conducting litigation or in
proceedings before any court, adjudicative or administrative body, when
it is relevant or 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 U.S. or any agency thereof.
B. To a congressional office from the record of an individual in
response to a written inquiry from that congressional office made
pursuant to a Privacy Act waiver from the individual to whom the record
pertains.
C. To the National Archives and Records Administration (NARA) or
General Services Administration pursuant to records management
inspections being conducted under the authority of 44 U.S.C. 2904 and
2906.
D. To an agency or organization 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
[[Page 47423]]
information in the system of records has been compromised;
2. DHS 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 law, which includes criminal,
civil, or regulatory violations and such disclosure is proper and
consistent with the official duties of the person making the
disclosure.
H. To employers participating in the E-Verify Program in order to
verify the employment eligibility of their employees working in the
United States.
I. To the American Association of Motor Vehicle Administrators
Network and participating MVAs for the purpose of validating
information for a driver's license, permit, or identification card
issued by the Motor Vehicle Agency of states or jurisdictions who have
signed a Memorandum of Agreement with DHS under the Records and
Information from Departments of Motor Vehicles for E-Verify (RIDE)
program.
J. To the DOJ, Civil Rights Division, for the purpose of responding
to matters within the DOJ's jurisdiction of the E-Verify Program,
especially with respect to discrimination.
K. To the news media and the public, with the approval of the Chief
Privacy Officer in consultation with counsel, when there exists a
legitimate public interest in the disclosure of the information or when
disclosure is necessary to preserve confidence in the integrity of DHS
or is necessary to demonstrate the accountability of DHS's officers,
employees, or individuals covered by the system, except to the extent
it is determined that release of the specific information in the
context of a particular case would constitute an unwarranted invasion
of personal privacy.
Disclosure to Consumer Reporting Agencies:
None.
Policies and Practices for Storing, Retrieving, Accessing, Retaining,
and Disposing of Records in the System:
Storage:
Records in this system are stored electronically or on paper in
secure facilities in a locked drawer behind a locked door. The records
are stored on magnetic disc, tape, digital media, and CD-ROM.
Retrievability:
Records may be retrieved by name, verification case number, Alien
Number, I-94 Number, Receipt Number, Passport (U.S. or Foreign) Number
and Country of Issuance (COI), Driver's License, Permit, or State-
Issued Identification Card Number, or SSN of the employee, employee
user, or by the submitting company name.
Safeguards:
Records in this system are safeguarded in accordance with
applicable rules and policies, including all applicable DHS automated
systems security and access policies. Strict controls have been imposed
to minimize the risk of compromising the information that is being
stored. Access to the computer system containing the records in this
system is limited to those individuals who have a need to know the
information for the performance of their official duties and who have
appropriate clearances or permissions.
Retention and Disposal:
The retention and disposal schedule, N1-566-08-7 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 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 (USCIS), Washington, DC 20528.
Notification Procedure:
Individuals seeking notification of and access to any record
contained in this system of records, or seeking to contest its content,
may submit a request in writing to the U.S. Citizenship and Immigration
Services (USCIS), Freedom of Information Act (FOIA) Officer, whose
contact information can be found at https://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, https://www.dhs.gov or 1-866-431-0486. In addition you should:
Explain why you believe the Department would have
information on you;
Identify which component(s) of the Department you believe
may have the information about you;
Specify when you believe the records would have been
created;
Provide any other information that will help the FOIA
staff determine which DHS component agency may have responsive records;
and
If your request is seeking records pertaining to another living
individual, you must include a statement from that individual
certifying his/her agreement for you to access his/her records.
[[Page 47424]]
Without the above information the component(s) may not be able to
conduct an effective search, and your request may be denied due to lack
of specificity or lack of compliance with applicable regulations.
Record access procedures:
See ``Notification procedure'' above.
Contesting Record Procedures:
See ``Notification procedure'' above.
Record Source Categories:
Records are obtained from several sources including:
(A) Information collected from employers about their employees
relating to employment eligibility verification;
(B) Information collected from E-Verify users used to provide
account access and monitoring;
(C) Information collected from Federal and state databases listed
below:
Social Security Administration Numident System
CBP Nonimmigrant Information System (NIIS) and Border
Crossing Information (BCI)
ICE Student and Exchange Visitor Identification System
(SEVIS)
ICE ENFORCE Integrated Database (EID) Enforcement Alien
Removal Module (EARM) Alien Number
USCIS Aliens Change of Address System (AR-11)
USCIS Central Index System (CIS)
USCIS Customer Profile Management System (CPMS)
USCIS Computer-Linked Application Information Management
System Version 3 (CLAIMS 3)
USCIS Computer-Linked Application Information Management
System Version 4 (CLAIMS 4)
USCIS Citizenship and Immigration Services Centralized
Operational Repository (CISCOR)
USCIS National File Tracking System (NFTS)
USCIS Microfilm Digitization Application System (MiDAS)
USCIS Marriage Fraud Amendment System (MFAS)
USCIS Enterprise Document Management System (EDMS)
USCIS Refugees, Asylum, and Parole System (RAPS)
US-VISIT Arrival Departure Information System (ADIS)
Department of State Consular Consolidated Database (CCD)
Department of Justice Executive Office Immigration Review
System (EOIR) State Motor Vehicle Administrations, if participating in
the E-Verify RIDE initiative.
(D) Information created by E-Verify.
Exemptions Claimed for the System:
None.
Dated: July 27, 2012.
Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2012-19204 Filed 8-7-12; 8:45 am]
BILLING CODE 9111-97-P