[Federal Register: December 11, 2008 (Volume 73, Number 239)]
[Notices]
[Page 75445-75452]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11de08-83]
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DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2008-0089]
Privacy Act of 1974; USCIS-004 Verification Information System
(VIS) System of Records Notice
AGENCY: Privacy Office, DHS.
ACTION: Notice to alter a Privacy Act system of records.
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SUMMARY: The Department of Homeland Security (DHS) is republishing the
Privacy Act system of records notice (SORN) for the Verification and
Information System (VIS) replacing the previously published SORN of
February 28, 2008 in order to: (1) Cover the expansion of VIS to
collect and verify
[[Page 75446]]
United States (U.S.) Passports and Passport Cards from E-Verify users,
(2) describe the expansion of the scope of the Systematic Alien
Verification for Entitlements (SAVE) to include verification of
citizenship and immigration status for any DHS lawful purpose, not just
for government benefit granting purposes as described in previous PIAs,
(3) cover the expansion of VIS to collect applications from victims of
identity theft who would like to lock their Social Security Number
(SSN) from further use in E-Verify, and (4) describe the expansion of
the scope of E-Verify to indicate that it is no longer solely voluntary
in some cases and no longer solely for new employees. These changes are
more thoroughly spelled out in an accompanying Privacy Impact
Assessment (PIA) which can be found on the DHS Privacy Web site (http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.dhs.gov/privacy).
DATES: Written comments must be submitted on or before January 12,
2009.
ADDRESSES: You may submit comments, identified by Docket Number DHS-
2008-0089 by one of the following methods:
Federal e-Rulemaking Portal: http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 1-866-466-5370.
Mail: Hugo Teufel III, Chief Privacy Officer, Department
of Homeland Security, Washington, DC 20528.
Instructions: All submissions received must include the
agency name and docket number for this system of records notice. All
comments received will be posted without change to http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.regulations.gov, including any personal information provided.
Docket: For access to the docket to read background
documents or comments received go to http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For additional information on the
program please contact: Claire Stapleton, Privacy Branch Chief,
Verification Division, U.S. Citizenship and Immigration Services,
Department of Homeland Security, 470 L'Enfant Plaza East, SW., Suite
8204, Washington, DC 20529. For privacy issues please contact: Hugo
Teufel III (703-235-0780), Chief Privacy Officer, Privacy Office, U.S.
Department of Homeland Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
I. USCIS Verification Information System
Congress mandated that USCIS establish a system that can be used to
verify citizenship and immigration status of individuals seeking
government benefits and establish a system for use by employers to
determine whether an employee is authorized to work in the United
States. Authority for having a system for verification of citizenship
and immigration status of individuals seeking government benefits can
be found in the Immigration Reform and Control Act of 1986 (IRCA),
Public Law (Pub. L.) 99-603, The Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (PRWORA), Pub. L. 104-193, 110
Stat. 2168, and in Title IV, Subtitle A, of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Public Law
104-208, 110 Stat. 3009. Authority for having a system establish
employment eligibility can be found in Title IV, Subtitle A, of the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(IIRIRA), Public Law 104-208, 110 Stat. 3009. The Basic Pilot Program's
operation has been repeatedly extended by Congress; See Basic Pilot
Extension Act, Public Law 107-128 (2002); Basic Pilot Program Extension
and Expansion Act, Public Law 108-156 (2003); Consolidated Security,
Disaster Assistance, and Consolidated Appropriations Act, 2009, Public
Law 110-329 (2008).
USCIS implemented these mandates through the Systematic Alien
Verification for Entitlements (SAVE) program for government benefits
and the ``Basic Pilot Program'' for determining whether an employee is
authorized to work in the United States. The ``Basic Pilot Program''
was renamed ``E-Verify.'' ``E-Verify'' will be used in lieu of ``Basic
Pilot'' for the remainder of this document.
VIS is the technical infrastructure that enables USCIS to operate
SAVE and E-Verify. VIS is a nationally accessible database of selected
immigration status information containing in excess of 100 million
records. Previously government agencies used information from the SAVE
program in order to determine whether an individual is eligible for any
public benefit, license or credential based on individual's citizenship
or immigration status. This SORN describes expansions to the SAVE
program. Private employers and government users use E-Verify to confirm
whether an employee is authorized to work in the United States.
A necessary corollary to having the ability to determine if an
individual is authorized to gain government benefits or legal
employment is the ability to determine if the verification processes
are being abused or misused: And when appropriate, to seek legal or
administrative redress against those committing fraud or otherwise
misusing the verification processes. Consequently, the information in
VIS is retained and analyzed for ten years, the length of time
equivalent to the statute of limitations for the most typical types of
fraud or misuse of this type of system or documents (under 18 U.S.C.
3291, the statute of limitations for false statements or misuse
regarding passports, citizenship or naturalization documents), or
longer if the information is part of an active and ongoing
investigation.
VIS is currently comprised of citizenship, immigration and
employment status information from several DHS systems of records,
including records contained in the U.S. Customs and Border Protection
(CBP) Treasury Enforcement Communication Systems (TECS) (66 FR 52984),
Biometric Storage System (BSS) (72 FR 17172), the USCIS Central Index
System (CIS) (72 FR 1755), the USCIS Computer Linked Application
Information Management System (CLAIMS 3) (62 FR 11919) and Immigration
and Customs Enforcement's (ICE) Student and Exchange Visitor
Information System (SEVIS) (70 FR 14477). VIS also includes information
from the Social Security Administration's (SSA) NUMIDENT System (71 FR
1796).
This System of Records Notice is replacing the System of Records
Notice previously published in the Federal Register on February 28,
2008 (73 FR 10793).
A. SAVE Program
The SAVE Program, which is supported by VIS, has previously been
characterized as being limited to immigration and citizenship status
verification for purposes of eligibility for any public benefit,
license or credential--the benefit or ``entitlement'' referred to in
the name of the program: Systematic Alien Verification for Entitlements
(SAVE). However, section 642(c) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (IIRIRA) obligates USCIS to
respond to inquiries ``by a Federal, State, or local government agency,
seeking to verify or ascertain the citizenship or immigration status of
any individual within the jurisdiction of the agency for any purpose
authorized by law''.
Accordingly, to the extent that a federal, state, or local
government entity has the legal authority to verify citizenship or
immigration status, SAVE, as an access method to USCIS systems, is
authorized to respond to the request. Specifically, in addition to the
[[Page 75447]]
verifications for purposes of granting government benefits, this
includes verification for purposes of background investigations for
individuals and cohabitants of the individuals undergoing background
investigations. Government agencies input biographic information into
VIS for status determinations. If VIS has a record pertaining to the
individual, the government agency will receive limited biographic
information on the citizenship and immigration status of the
individual. If VIS does not have a record pertaining to the individual,
VIS automatically notifies a USCIS employee. The USCIS employee then
conducts a manual search of other DHS databases to determine whether
there is any other information pertaining to that individual that would
provide verification of citizenship and immigration status. If the
USCIS employee finds additional relevant information, citizenship and
immigration status data is provided to the requesting government agency
user through VIS. The USCIS employee will also update the appropriate
record in the USCIS CIS database. The REAL ID Act of 2005, Public Law
109-13, 119 Stat. 231, 302 (2005) (codified at 49 U.S.C. 30301 note)
required all state Departments of Motor Vehicles (DMV) to routinely
utilize the USCIS SAVE program to verify the legal immigration status
of applicants for driver's licenses and identification cards. The Act
originally set a deadline of May 11, 2008 for states to begin such
verifications, but that deadline has been extended by Congress.
B. E-Verify
VIS also supports the E-Verify Program, a free program allowing
participating employers to verify the employment eligibility of their
employees. The program is a collaboration between the SSA and USCIS.
After an individual is hired by an employer participating in E-
Verify and the individual completes the Employment Eligibility
Verification Form I-9, the employer inputs information from sections 1
and 2 of the Form I-9 into the E-Verify portion of VIS. This query is
first sent from VIS to SSA to verify Social Security information. If
SSA cannot verify the employee's social security information, SSA will
send a SSA Tentative Non-Confirmation (TNC) response to VIS, which in
turn will notify the employer of SSA's inability to automatically
verify the information provided by employee. The employer is then
required to provide information to the employee about the employee's
option to contest and the contact information for the SSA office in
order to clear up the mismatch and resolve any issues.
If SSA is able to verify the employee information and the
individual is a non-U.S. citizen, the VIS system continues the process
by comparing the non-U.S. citizen's information with USCIS records to
verify employment authorization. For any participating employer whose
non-U.S. citizen employees present an I-551 or I-766 card for their
Form I-9 documentation and whose information is successfully verified
by SSA and USCIS, the employer will be able to use the USCIS photo tool
to compare the photographs on the documents presented by the employee
with the photographs and stored in the BSS system of records, if
available. If VIS is able to return a photograph, the employer will
then compare the photograph made available by the VIS photo tool and
determine if it matches the photograph on the document presented by the
employee. If the employer determines the photos do not match or if the
employer cannot make a determination whether there is a photo match,
the employer is then required to provide information to the employee
about how the employee may contact USCIS to resolve any issues.
After the process of verifying the employment authorization
concludes, regardless of whether or not the photo tool has been
utilized, USCIS (through VIS) provides the employer with a case
verification number and the disposition of whether an employee has been
verified to be authorized to work. If a mismatch of information occurs
with DHS, VIS automatically notifies an USCIS employee, who then
conducts a manual search of other DHS databases to determine whether
there is any other information pertaining to that individual that would
help to establish employment authorization. If the USCIS employee
cannot determine the person's work authorization, VIS sends a ``DHS
Tentative Non-Confirmation'' (TNC) response notifying the employer that
the employee has the option to contact USCIS in order to clarify the
information discrepancy. DHS TNCs are issued when the USCIS employee is
unable to determine the person's work authorization based on DHS
immigration-related records. The employer may not terminate or take any
adverse employment action against the employee on the basis of either a
DHS or SSA TNC while the issue is being further investigated. If a
Final Non-Confirmation (FNC) response is issued, the employer may
terminate the employee or they may choose to retain the employee as
long as the employer notifies DHS that it intends to do so, subject to
potential penalties if the employee is subsequently found to be an
unauthorized alien. If the employer does not choose to retain the
employee after receiving a Final Non-Confirmation response it is not
required to notify DHS.
Performing a verification query through the E-Verify system is only
permissible after an offer of employment has been extended to an
employee. The earliest the employer may initiate a query is after an
individual accepts an offer of employment and after the employee and
employer complete the Form I-9. For new employees, the employer must
initiate the query no later than the end of the third business day
after the new hire's actual start date. Under the terms governing
employers' participation in E-Verify, the system cannot be used to pre-
screen job applicants or to re-screen individuals whose work
eligibility has already been confirmed by the employer through E-
Verify.
C. Changes to VIS SORN
This SORN is being published to: (1) Cover the expansion of VIS to
collect and verify information from U.S. Passports and Passport Cards
from E-Verify users; (2) describe the expansion of the scope of SAVE to
include verification of citizenship and immigration status for any DHS
lawful purpose, not just for government benefit granting purposes as
described in previous PIAs; (3) cover the expansion of VIS to collect
applications from victims of identity theft who would like to lock
their SSN from further use in E-Verify; and (4) describe the expansion
of the scope of E-Verify to indicate that it is no longer solely
voluntary in some cases and no longer solely for new employees in
certain cases.
Expansion of VIS To Collect and Verify United States Passports and
Passport Cards
E-Verify is used to determine whether an individual is authorized
to work in the U.S. An employer who participates in E-Verify uses the
information that they have previously collected for the Form I-9
process. Thus a U.S. citizen may present a Passport or Passport Card
for purposes of proof of employment authorization for the Form I-9. The
Passport Card is a new identity document issued by the Department of
State (DOS) that will act as a passport in limited circumstances and
will be acceptable for use in place of a U.S. passport for Form I-9 and
E-Verify purposes. The information contained on
[[Page 75448]]
the Passport Card is the same information in the passport other than
the document identification number. It is possible to have a U.S.
Passport and a Passport Card. The numbers on the two documents would
not be the same. The U.S. Passport and the Passport Card can both be
used to establish identity and work authorization for Form I-9
purposes. Currently, an E-Verify employer captures the passport
information (if presented as a List A document) from an employee;
however, prior to this update the VIS system neither captured nor
confirmed the passport number against government-held data.
Regardless of the identity document presented to the employer for
the Form I-9, the VIS system requires an employee's Social Security
Number (SSN) to verify employment eligibility. With this update, if an
employee presents a U.S. Passport or Passport Card, VIS will initially
check the employee's identity information, including Name, Date of
Birth, citizenship status, and SSN, against the Social Security
Administration (SSA) database; however, if the Social Security
Administration (SSA) cannot verify the employee's citizenship status
information, then VIS will verify the employee's Passport or Passport
Card data against DOS data using an existing interface with Customs and
Border Protection's (CBP) Treasury Enforcement Communications System
(TECS). It may not be possible to determine an employee's work
authorization solely through a query to the SSA database, for example,
because SSA may not have been informed that an immigrant has become a
U.S. citizen. Previously, such an inability to verify would have
resulted in requiring the employee to visit an SSA Field Office and
clarify citizenship status with the SSA. If the SSN is verified, VIS
will verify the Passport number or Passport Card number so that an
employer can have the capability to visually compare the photograph
that appears on a Passport or Passport Card with the photograph that
DOS has on file. E-Verify provides access to this information through
the Photo Screening Tool which is described in the PIA published
September 4, 2007. VIS will not retain a copy of the photograph as
provided from the DOS data, merely a link that can be followed to
retrieve the photograph in TECS should it need to be validated later.
However, VIS may retain a hard copy of the photograph when an initial
verification cannot be done by the employer and a secondary
verification has to be done by the Verification Division Status
Verifiers. This is the same procedure followed for other documents
where the initial verification cannot be done by the employer.
Expansion of SAVE for Verification of Citizenship and Immigration
Status
SAVE has previously been characterized as being limited to
immigration and citizenship status verification for purposes of
eligibility for any public benefit, license or credential--the benefit
or ``entitlement'' is referred to in the name of the program Systematic
Alien Verification for Entitlements (SAVE). However, section 642(c) of
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(IIRIRA) obligates USCIS to respond to inquiries ``by a Federal, State,
or local government agency, seeking to verify or ascertain the
citizenship or immigration status of any individual within the
jurisdiction of the agency for any purpose authorized by law.''
Accordingly, to the extent that a federal, state, or local
government entity has the legal authority to verify citizenship or
immigration status, SAVE, as an access method to USCIS systems, is
authorized to respond to the request. Specifically, in addition to the
verifications for purposes of granting government benefits, this
includes verification for purposes of legally mandated background
investigations. These legally mandated background investigations might
be conducted by the OPM or other government entities where
determination of immigration status is relevant to the reason for
conducting the investigation, such as for Federal personnel security
clearances or staff in sensitive critical infrastructure facilities in
the private sector. For certain security clearances OPM may verify not
only the individuals who are the subject of the background
investigations, but also their family members and cohabitants
(associated individuals) based on information the SAVE applicant
provides to OPM. The associated individuals who are being verified
through SAVE will only have notice of the verification by means of this
SORN and accompanying PIA.
Expansion of VIS To Collect Application Information From Those Who
Choose To Lock Their SSN From Further Use in E-Verify
JobLock is one part of an on-going effort by the Department of
Homeland Security (DHS) to fight identity theft. This particular effort
is targeted at victims of identity theft that have filed both a police
report and a complaint with the Federal Trade Commission regarding
identity theft that has been perpetrated against them. These victims
will be given the opportunity to apply to USCIS to have their social
security number (SSN) locked from further use in E-Verify. The
application will be accessible through USCIS's E-filing system, and
applicants will provide information to USCIS that will be validated
against Federal Trade Commission's (FTC) Consumer Sentinel Database.
The applicant is also required to provide USCIS with a copy of the
police report issued by their local police jurisdiction. Once a JobLock
application has been validated by a USCIS employee, a database table
within VIS of locked SSNs (JobLock Table) will be populated, which will
contain the SSN, the JobLock application information, and account
information necessary to unlock the SSN (i.e. challenge questions and
answers.)
Regardless of the identity document presented to the employer for
the Form I-9, the VIS system requires an employee's SSN to verify
employment eligibility. After the query information (name, date of
birth, citizenship status, and SSN) has been verified by SSA, the
system will check against the JobLock Table to verify whether the SSN
has been locked from further use in E-Verify. If the SSN is not found
in the JobLock Table, the query will be processed in the same manner it
has been in the past. If the SSN queried upon is found in the JobLock
Table, a DHS tentative non-confirmation would be issued by the system
and the employee would be directed to contact a USCIS employee. The
locking of an SSN will prevent an identity thief from using it to
establish employment eligibility with E-Verify.
Change in the Scope of E-Verify
E-Verify, including its original iteration as Basic Pilot, has
operated to date as a program for employers to verify employment
eligibility of their new employees. Employers have not been permitted
to verify the employment eligibility of existing employees. Recently,
several state and Federal laws have required employer participation in
the program for new hires in various circumstances. These laws range
from some states requiring that all employers in that state participate
in E-Verify, to other states requiring the state contractor workforce
or government employers to participate. In addition, the Federal
government requires that all newly-hired Federal employees be verified
through E-Verify, and has adopted a federal procurement policy of
contracting only with
[[Page 75449]]
employers that agree to use E-Verify to verify the work authorization
of their new employees as well as all employees assigned to work on
federal contracts. As a result, the population of E-Verify users has
expanded, and will continue to expand. E-Verify will also begin to be
used for some employers' existing workforce in addition to newly hired
employees.
II. The Privacy Act
The Privacy Act embodies fair information principles in a statutory
framework governing the means by which the United States Government
collects, maintains, uses and disseminates personally identifiable
information. 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 from which information is
retrieved by the name of an individual or by some identifying number,
symbol, or other particular assigned to an individual.
The Privacy Act requires each agency to publish in the Federal
Register a description denoting the type and character of each system
of records that the agency maintains, and the routine uses that are
contained in each system to make agency recordkeeping practices
transparent, to notify individuals reading the uses to which personally
identifiable information is put, and to assist the individual to more
easily find such files within the agency.
III. Privacy Impact Assessments
DHS is publishing a PIA update to coincide with this SORN. This
SORN reflects many of the changes that are discussed in this PIA.
In accordance with 5 U.S.C. 552a(r), a report on this system has
been sent to Congress and to the Office of Management and Budget.
System of Records: DHS/USCIS-004
SYSTEM NAME:
U.S. Citizenship and Immigration Services Verification Information
System (VIS).
SYSTEM LOCATION:
The Verification Information System (VIS) database is housed in a
contractor-owned facility in Meriden, CT. The system is accessible via
the Internet, Web services, Secure File Transfer Protocol (SFTP) batch,
and through a computer via analog telephone line, and is publicly
accessible to participants of the SAVE program and the E-Verify
program, including authorized USCIS personnel, other authorized
government users, participating employers, and other authorized users.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
This system contains information on individuals, both U.S. citizens
and non-U.S. citizens covered by provisions of the Immigration and
Nationality Act of the United States including but not limited to
individuals who have been lawfully admitted to the United States,
individuals who have been granted U.S. citizenship and individuals who
have applied for other immigration benefits pursuant to 8 U.S.C. 1103
et seq. In addition, it contains information on cohabitants and
relatives of subjects of SAVE background investigations conducted for
OPM. This system also contains information on individuals, both U.S.
citizens and non-U.S. citizens, whose employers have submitted to the
E-Verify program their identification information. This system also
contains information on individuals, both U.S. citizens and non-U.S.
citizens, who have been victims of identity theft and have chosen to
lock their Social Security number from further use in the E-Verify
program.
CATEGORIES OF RECORDS IN THE SYSTEM:
A. Data originating from the USCIS Central Index System (CIS),
including the following information about the individual who comes
before USCIS: Alien Registration Number (A-Number), Name (last, first,
middle), Date of birth, Date entered United States (entry date),
Country of birth, Class of Admission code, File Control Office code,
Social Security Number, Admission Number (I-94 Number), Provision of
Law code cited for employment authorization, office code where the
authorization was granted, Date employment authorization decision
issued, Date employment authorization may begin (start date), Date
employment authorization expires (expiration date), and Date employment
authorization was denied (denial date).
B. Data originating from the U.S. Customs and Border Protection
Treasury Enforcement Communications System (TECS), including the
following information about the individual: A-Number, Name (last,
first, middle), Date alien's status was changed (status change date),
Date of birth, Class of Admission Code, Date admitted until, Country of
citizenship, Port of entry, Date entered United States (entry date),
Departure date, I-94 Number, Visa Number, and transaction link to
passport photographs contained in TECS.
C. Data originating from the Redesigned Naturalization Automated
Casework System (RNACS). RNACS is a database that includes information
from individuals who have filed applications for naturalization,
citizenship, or to replace naturalization certificates under the
Immigration and Nationality Act, as amended, and/or who have submitted
fee payments with such applications. The naturalization records in the
RNACS database house information from 1986 to 1996. Information that
identifies individuals named above, e.g., Name, Address, Date of birth,
and Alien Registration Number (A-Number). Records in the system may
also include information such as Date documents were filed or received
in CIS, Status, Class of admission codes, and Locations of record.
D. Data originating from the Computer Linked Applications
Information Management System (CLAIMS 4) including the following
information about the individual; Name (First, Last), Date of birth,
Social Security Number, and Naturalization date.
E. Data originating from the USCIS Biometric Storage System (BSS),
including: Receipt number, Name (last, first, middle), Date of birth,
Country of birth, Alien Registration Number (A-Number), Form number,
for example Form I-551 (Lawful Permanent Resident card) or Form I-766
(Employment Authorization Document), Expiration date, and Photo.
F. Data originating from the USCIS Computer Linked Application
Information Management System (CLAIMS 3), including: Receipt number,
Name (last, first, middle), Date of birth, Country of birth, Class of
admission code, Alien Registration Number (A-Number), I-94 number, Date
entered United States (entry date), and Valid-To Date.
G. Data originating from the U.S. Immigration and Customs
Enforcement (ICE) Student and Exchange Visitor Information System
(SEVIS), including: SEVIS Identification Number (SEVIS ID), Name (last,
first, middle), Date of birth, Country of birth, Class of admission
code, I-94 number, Date entered United States (entry date), and Valid-
to Date.
H. Data originating from the Social Security Administration (SSA),
including: Confirmation of employment eligibility based on SSA records,
Tentative non-confirmation of employment eligibility and the underlying
justification for this decision, and Final non-confirmation of
employment eligibility.
I. Information collected from the benefit applicant by a federal,
state, local or other benefit-issuing agency to facilitate immigration
status verification
[[Page 75450]]
that may include the following about the benefit applicant: Receipt
Number, A-Number, I-94 Number, Name (last, first, middle), Date of
birth, User Case Number, DHS document type, DHS document expiration
date, SEVIS ID and Visa Number.
J. Information collected from the benefit-issuing agency about
users accessing the system to facilitate immigration status
verification that may include the following about the agency: Agency
name, Address, Point(s) of Contact, Contact telephone number, Fax
number, E-mail address, Type of benefit(s) the agency issues (i.e.
Unemployment Insurance, Educational Assistance, Driver Licensing,
Social Security Enumeration, etc.).
K. Information collected from the benefit-issuing agency about the
Individual Agency User including: Name (last, first, middle), Phone
Number, Fax Number, E-mail address, User ID for users within the
Agency.
L. System-generated response, as a result of the SAVE verification
process including: Case Verification Number, Entire record in VIS
database as outlined above, including all information from CIS, SEVIS,
TECS, and CLAIMS 3 and with the exception of the biometric information
(photo) from BSS, and Immigration status (e.g. Lawful Permanent
Resident).
M. Information collected from the employee by the Employer User to
facilitate employment eligibility verification may include the
following about the Individual employee: Receipt Number, Visa Number,
United States or Foreign Passport number, Passport Card number, Alien
Registration Number (A-Number), I-94 Number, Name (last, first, middle
initial, maiden), Social Security Number, Date of birth, Date of hire,
Claimed citizenship status, Acceptable Form I-9 document type,
Acceptable Form I-9 Document expiration date, and Passport, Passport
Card, or visa photo.
N. Information Collected About the Employer, including: Company
name, Physical Address, Employer Identification Number, North American
Industry Classification System code, Federal contracting agency,
Federal contract identifier, Number of employees, Number of sites,
Parent company or Corporate company, Name of Contact(s), Phone Number,
Fax Number, and E-Mail Address.
O. Information Collected about the Employer User (e.g., Identifying
users of the system at the Employers), including: Name, Phone Number,
Fax Number, E-mail address, and User ID.
P. System-generated response information, resulting from the E-
Verify employment eligibility verification process, including: Case
Verification Number; VIS generated response: Employment authorized,
Tentative non-confirmation, Case in continuance, Final non-
confirmation, Employment unauthorized, or DHS No Show; Disposition data
from the employer includes Resolved Unauthorized/Terminated, Self
Terminated, Invalid Query, Employee not terminated, Resolved
Authorized, and Request additional verification, which includes why
additional verification is requested by the employer user.
Q. Information collected directly from individuals who have been
the victim of identity theft who wish to prevent or deter further use
of stolen identities in E-Verify, including: Police reports, Name,
Social Security Number, Street address, E-mail address, and Other
identity authentication information relevant to preventing or deterring
further use of stolen identities.
AUTHORITY FOR MAINTENANCE OF RECORDS:
The authority for the maintenance of records in the system is found
in 8 U.S.C. 1324a, 8 U.S.C. 1360, 42 U.S.C. 1320b-7 and the Immigration
Reform and Control Act of 1986 (IRCA), Public Law (Pub. L.) 99-603, The
Personal Responsibility and Work Opportunity Reconciliation Act of 1996
(PRWORA), Public Law 104-193, 110 Stat. 2168, Title IV, Subtitle A, of
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(IIRIRA), Public Law 104-208, 110 Stat. 3009, and in Executive Order
12989, as amended by Executive Order 13465, June 6, 2008.
PURPOSE(S):
This system of records is used to provide immigration and
citizenship status information to Federal, State, and local government
agencies on any individual within the jurisdiction of the requesting
agency, or on another individual associated with such an individual,
for any purpose authorized by law. It is also used to provide
employment authorization information to employers participating in the
E-Verify Program. This system of records may also be used to monitor
for the commission of fraud or other illegal activity related to misuse
of either the SAVE or E-Verify program, 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 to E-Verify or SAVE
by the Department of Justice (DOJ) Office of Special Counsel for
Immigration-Related Unfair Employment Practices (OSC). This system of
records may also be used for 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, a portion of the records or information
contained in this system may be disclosed outside DHS as a routine use
pursuant to 5 U.S.C. 552a(b)(3) as follows:
A. To a federal, state, tribal, or local government agency, or to a
contractor acting on the agency's behalf, to the extent that such
disclosure is necessary to enable these agencies to make decisions
concerning: (1) Determination of eligibility for a federal, state, or
local public benefit; (2) issuance of a license or grant; (3)
government-issued credential; or (4) background investigation.
B. To employers participating in the E-Verify Employment
Verification Program in order to verify the employment eligibility of
their employees working in the United States.
C. To other Federal, State, tribal, and local government agencies
seeking to verify or determine the citizenship or immigration status of
any individual within the jurisdiction of the requesting agency as
authorized or required by law.
D. To contractors, grantees, experts, consultants, and others
performing or working on a contract, service, grant, cooperative
agreement, or other assignment for the federal government, when
necessary to accomplish a DHS mission function related to this system
of records, in compliance with the Privacy Act of 1974, as amended.
E. To a Congressional office, from the record of an individual in
response to an inquiry from that Congressional office made at the
request of the individual to whom the record pertains.
F. To the National Archives and Records Administration or other
Federal government agencies pursuant to records management inspections
being conducted under the authority of 44 U.S.C. 2904 and 2906.
G. To a former employee of the Department for purposes of: (1)
Responding to an official inquiry by a federal, state, or local
government entity or professional licensing authority, in accordance
with applicable Department regulations; or (2) facilitating
communications with a former employee that may be necessary for
personnel-related or other official purposes where the Department
requires information and/or consultation assistance from the former
employee
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regarding a matter within that person's former area of responsibility.
H. To the DOJ, Civil Rights Division, for the purpose of responding
to matters within the DOJ's jurisdiction to include allegations of
fraud and/or nationality discrimination.
I. To appropriate agencies, entities, and persons when: (1) It is
suspected or confirmed that the security or confidentiality of
information in the system of records has been compromised; (2) it is
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) that rely upon the compromised information; and (3) the
disclosure is made to such agencies, entities, and persons when
reasonably necessary to assist in connection with efforts to respond to
the suspected or confirmed compromise and prevent, minimize, or remedy
such harm.
J. To the United States Department of Justice (including United
States Attorney offices) or other federal agency conducting litigation
or in proceedings before any court, adjudicative or administrative
body, or to the court or administrative body, when it is necessary to
the litigation and one of the following is a party to the litigation or
has an interest in such litigation: (1) DHS; (2) any employee of DHS in
his or her official capacity; (3) any employee of DHS in his or her
individual capacity where DOJ or DHS has agreed to represent said
employee; or (4) the United States or any agency thereof;
K. To appropriate federal, state, local, tribal, or foreign
governmental agencies or multilateral governmental organizations
responsible for investigating or prosecuting the violations of, or for
enforcing or implementing, a statute, rule, regulation, order, license,
or treaty where DHS determines that the information would assist in the
enforcement of civil or criminal laws.
L. To the Federal Trade Commission (FTC) to validate against the
FTC's Consumer Sentinel Database.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Data is stored in computer accessible storage media and hardcopy
format.
RETRIEVABILITY:
Agency records are retrieved by name of applicant or other unique
identifier to include: verification number, A-Number, I-94 Number, Visa
Number, SEVIS ID, or by the submitting agency name. Employer records
are retrieved by verification number, A-Number, I-94 Number, Receipt
Number, Passport (U.S. or Foreign) number or Social Security Number of
the employee, or by the submitting company name.
SAFEGUARDS:
Information in this system is safeguarded in accordance with
applicable laws and policies, including the DHS information technology
security policies and the Federal Information Security Management Act
(FISMA). All records are protected from unauthorized access through
appropriate administrative, physical, and technical safeguards. These
safeguards include restricting access to authorized personnel on a
need-to-know basis, using locks, and password protection features. The
system is also protected through a multi-layer security approach. The
protective strategies are physical, technical, administrative and
environmental in nature, which provide access control to sensitive
data, physical access control to DHS facilities, confidentiality of
communications, authentication of sending parties, and personnel
screening to ensure that all personnel with access to data are screened
through background investigations commensurate with the level of access
required to perform their duties. Information maintained by DHS
contractors for this system is also safeguarded in accordance with all
applicable laws and regulations, including DHS IT security policies and
FISMA. Access is controlled through user identification and discrete
password functions to assure that accessibility is limited.
RETENTION AND DISPOSAL:
The following proposal for retention and disposal is being prepared
to be sent to the National Archives and Records Administration for
approval. Records collected in the process of establishing immigration
and citizenship status or employment authorization are stored and
retained in the VIS Repository for ten (10) years, from the date of the
completion of the verification 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 VIS (under
18 U.S.C. 3291, the statute of limitations for false statements or
misuse regarding passports, citizenship or naturalization documents).
Records related to the prevention or deterrence of identity theft that
are collected from individuals who voluntarily provide the information
or that is obtained with the authorization of victims and potential
victims of identity theft may be stored and retained in the VIS
repository for the duration of the risk of identity theft, subject to
the consent of the individual that authorized the collection. Such
renewed consent shall be sought biannually.
Once the Web user views the photo, the image is discarded and not
retained on the Web user's computer. Photocopies mailed to DHS in
response to a TNC will be maintained as long as necessary to complete
the verification process, and the duration of the benefit granted, but
not limited to possible investigation and prosecution of fraud in the
case of detected photo substitution.
SYSTEM MANAGER(S) AND ADDRESS:
Chief, Verification Division, U.S. Citizenship and Immigration
Services, 470-490 L'Enfant Plaza East, SW., Suite 8206, Washington, DC
20024.
NOTIFICATION PROCEDURES:
Please address your inquiries about the VIS system in writing to
the system manager identified above. To determine whether this system
contains records relating to you, provide a written request containing
the following information:
1. Identification of the record system;
2. Identification of the category and types of records sought; and
3. The requesting individual's signature and verification of
identity pursuant to 28 U.S.C. 1746, which permits statements to be
made under penalty of perjury. Alternatively, a notarized statement may
be provided.
Address inquiries to the system manager at: Chief, Verification
Division, U.S. Citizenship and Immigration Services, 470-490 L'Enfant
Plaza East, SW., Suite 8206, Washington, DC 20024, or to the Freedom of
Information/Privacy Act Office, USCIS, National Records Center, P.O.
Box 6481010, Lee Summit, MO 64064-8010.
RECORD ACCESS PROCEDURES:
In order to gain access to one's information stored in the VIS
database, a request for access must be made in writing and addressed to
the Freedom of Information Act/Privacy Act (FOIA/PA) officer at USCIS.
Individuals who are seeking information pertaining to them
[[Page 75452]]
are directed to clearly mark the envelope and letter ``Privacy Act
Request.'' Within the text of the request, the subject of the record
must provide his/her account number and/or the full name, date and
place of birth, and notarized signature, and any other information
which may assist in identifying and locating the record, and a return
address. For convenience, individuals may obtain Form G-639, FOIA/PA
Request, from the nearest DHS office and used to submit a request for
access. The procedures for making a request for access to one's records
can also be found on the USCIS Web site, located at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.uscis.gov.
An individual who would like to file a FOIA/PA request to view
their USCIS record may do so by sending the request to the following
address: U.S. Citizenship and Immigration Services, National Records
Center, FOIA/PA Office, P.O. Box 648010, Lee's Summit, MO 64064-8010.
CONTESTING RECORDS PROCEDURES:
Individuals have an opportunity to correct their data by submitting
a redress request directly to the USCIS Privacy Officer who refers the
redress request to the USCIS Office of Records. When a redress request
is made, any appropriate change is added directly to the existing
records stored in the underlying DHS system of records from which the
information was obtained. Once the record is updated in the underlying
DHS system of records, it is downloaded into VIS. If an applicant
believes their file is incorrect but does not know which information is
erroneous, the applicant may file a Privacy Act request to access their
record as detailed in the section titled ``Record access procedures''
above.
RECORD SOURCE CATEGORIES:
Information contained comes from several sources: (A) Information
derived from the following DHS systems of records, USCIS's CIS,
CLAIMS3, CLAIMS4, RNACS, ISRS and/or BSS (when the latter system is
deployed); CBP's TECS; and ICE's SEVIS, (B) Information derived from
the SSA, (C) Information collected from agencies and employers about
individuals seeking government benefits or employment with an employer
using an employment verification program, (D) Information collected
from system users at either the agency or the employer used to provide
account access to the verification program, and (E) Information
developed by VIS to identify possible issues of misuse or fraud.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
Dated: December 2, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E8-29283 Filed 12-10-08; 8:45 am]
BILLING CODE 4410-10-P
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