OMB-18-006-ext-sptstmt

SUPPORTING STATEMENT FOR

E-Verify Program

OMB Control No.: 1615-0092

COLLECTION INSTRUMENT(S): No Agency Form Number; File OMB-18

A. Justification

1. Explain the circumstances that make the collection of information necessary. Identify any legal or administrative requirements that necessitate the collection. Attach a copy of the appropriate section of each statute and regulation mandating or authorizing the collection of information.

Section 401(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA); Public Law 104-208, dated September 30, 1996, provided for the establishment of a Basic Pilot Program to last four years. 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). The Department of Homeland Security (DHS) renamed the Basic Pilot “E-Verify” in August 2007.

The E-Verify program allows employers to electronically confirm the employment eligibility of newly hired employees by matching information provided by employees on the Form I-9, Employment Eligibility Verification, against information through the Verification Information System (VIS), a composite information system that checks against systems available to the Social Security Administration (SSA), and DHS.

Due to an E-Verify information collection submission pending review and conclusion by the Office of Management and Budget (OMB) under OMB control number 1615-0092, USCIS is submitting this information collection under a separate OMB control number.

Since E-Verify is a complex system dealing with sensitive information – and because employer misuse of the system could have serious consequences such as privacy breaches, pre-screening, and illegal discrimination – it is necessary for E-Verify to have a statement of shared and agreed upon responsibilities in the form of a Memorandum of Understanding (MOU). The MOU sets forth the agreement between DHS and the employer; in addition, the MOU provides the specific terms and conditions governing the rights and responsibilities of all parties involved.

Every E-Verify employer, including federal agencies, small businesses, and large corporations, electronically signs an E-Verify MOU upon enrollment with the program. The employer’s consent to and signature of the MOU are mandatory in order for the employer to participate in E-Verify. E-Verify does not negotiate the terms of the MOU with employers.

The electronic signature is collected one time during the company’s enrollment in E-Verify.

There are several different types of E-Verify participants:

1. Employers – those who use E-Verify to verify their own employees;

2. E-Verify Employer Agents – those who are hired to create E-Verify cases on behalf of another employer, usually for a fee;

3. Employer Agent Clients – the clients of E-Verify Employer Agents; and

4. Web Services Users – those that wish to develop software that interfaces with E-Verify. This option is chosen for various reasons, including the desire to restrict the internet access of its users. Among Web Services Users are Employers, E-Verify Employer Agents, and Employer Agent Clients.

Because of the diversity of rules and requirements pertaining to these groups, USCIS has decided to create separate MOUs for these different E-Verify users so that the provisions in the MOUs are relevant to how the employer uses E-Verify.

For E-Verify’s present needs, using a package of six MOUs is necessary. Those MOUs include: (1) the E-Verify Memorandum of Understanding for Employers; (2) E-Verify Memorandum of Understanding for Employer Agents; (3) the E-Verify Memorandum of Understanding for Employers using an Employer Agent; (4) the E-Verify Memorandum of Understanding for Web Services Employers; (5) the E-Verify Memorandum of Understanding for Web Services E-Verify Employer Agents; and, (6) the E-Verify Memorandum of Understanding for Employers using a Web Services E-Verify Employer Agent.

The MOUs provide the most efficient means for articulating the terms of the shared and agreed upon responsibilities between the parties.

2. Indicate how, by whom, and for what purpose the information is to be used. Except for a new collection, indicate the actual use the agency has made of the information received from the current collection.

The employer’s signature on the E-Verify MOU constitutes an information collection. E-Verify stores this information with the company’s user profile, as proof that the employer agreed to the terms and conditions of E-Verify use. In some cases, when potential employer misuse of E-Verify is discovered, E-Verify’s Account Compliance and Engagement Branch may use the employer’s signature of the MOU to assist with correcting the misuse. Certain information from an employee’s Form I-9, Employment Eligibility Verification, is also collected by the employer and submitted to E-Verify to create a case in order to confirm whether an employee is eligible for employment in the United States.

3. Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses, and the basis for the decision for adopting this means of collection. Also describe any consideration of using information technology to reduce burden.

The collection of the employer’s signature occurs electronically during enrollment with E-Verify. This form of collection was adopted because E-Verify is primarily a web-based system. Allowing employers to sign their MOUs electronically is fast and simple, and decreases the burden of this collection. Information the employer submits to E-Verify is also checked through VIS against records available to DHS and SSA in order to confirm if an employee is eligible for employment in the United States.

4. Describe efforts to identify duplication. Show specifically why any similar information already available cannot be used or modified for use for the purposes described in Item 2 above.

There is no duplication of effort, and there is no other similar information currently available that can be used for this purpose.

5. If the collection of information impacts small businesses or other small entities (Item 5 of OMB Form 83-I), describe any methods used to minimize burden.

This collection of information does not appear to have a significant impact on a substantial number of small businesses or other small entities. This is a voluntary program for employers wishing to participate in E-Verify, is a condition for petitioners who choose to file Form I-129CW, and a condition of contracting for certain contractors and subcontractors that choose to do work for the Federal government. In addition, some state and local laws require that employers participate in E-Verify as a condition of state contracting and business licensing.

6. Describe the consequence to Federal program or policy activities if the collection is not conducted or is conducted less frequently, as well as any technical or legal obstacles to reducing burden.

If this information collection is not conducted, employers will not have any statement of shared and agreed upon responsibilities about the terms and conditions of their E-Verify use, which could lead to widespread abuse or misuse of E-Verify. Also, E-Verify’s Account Compliance and Engagement Branch would have no way to address violations without proof that employers agreed to use the system correctly and in compliance with applicable laws and policies. Without approval for the collection of necessary data from employers, the program cannot proceed. Finally, without collection of information from an employee’s Form I-9, an E-Verify case cannot be created to confirm whether the employee is eligible for employment in the United States.

7. Explain any special circumstances that would cause an information collection to be conducted in a manner:

• Requiring respondents to report information to the agency more often than quarterly;

• Requiring respondents to prepare a written response to a collection of information in fewer than 30 days after receipt of it;

• Requiring respondents to submit more than an original and two copies of any document;

• Requiring respondents to retain records, other than health, medical, government contract, grant-in-aid, or tax records for more than three years;

• In connection with a statistical survey, that is not designed to produce valid and reliable results that can be generalized to the universe of study;

• Requiring the use of a statistical data classification that has not been reviewed and approved by OMB;

• That includes a pledge of confidentiality that is not supported by authority established in statute or regulation, that is not supported by disclosure and data security policies that are consistent with the pledge, or which unnecessarily impedes sharing of data with other agencies for compatible confidential use; or

• Requiring respondents to submit proprietary trade secret, or other confidential information unless the agency can demonstrate that it has instituted procedures to protect the information's confidentiality to the extent permitted by law.

The special circumstances contained in item seven of the supporting statement instructions are not applicable to this information collection of signed MOUs because the MOUs are only collected once and the employer is not required to store them. E-Verify employers are also required to record and retain information about the case result on or with the employee’s Form I-9.

8. If applicable, provide a copy and identify the data and page number of publication in the Federal Register of the agency’s notice, required by 5 CFR 1320.8(d), soliciting comments on the information collection prior to submission to OMB. Summarize public comments received in response to that notice and describe actions taken by the agency in response to these comments. Specifically address comments received on cost and hour burden.

Describe efforts to consult with persons outside the agency to obtain their views on the availability of data, frequency of collection, the clarity of instructions and recordkeeping, disclosure, or reporting format (if any), and on the data elements to be recorded, disclosed, or reported.

Consultation with representatives of those from whom information is to be obtained or those who must compile records should occur at least once every 3 years - even if the collection of information activity is the same as in prior periods. There may be circumstances that may preclude consultation in a specific situation. These circumstances should be explained.

On July 20, 2020 USCIS published a 60-day notice in the Federal Register at 85 FR 43867. USCIS received one comment after publishing that notice. The commenter expressed an opinion on immigration issues generally. USCIS is making no changes to the form or instructions as a result of this comment.

On October 30, 2020 USCIS published a 30-day notice in the Federal Register at 85 FR 68910. USCIS received one comment after publishing that notice. The commenter expressed an opinion on immigration issues generally. USCIS is making no changes to the form or instructions as a result of this comment.

9. Explain any decision to provide any payment or gift to respondents, other than remuneration of contractors or grantees.

USCIS does not provide any payment for benefit sought.

10. Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation or agency policy.

There is no assurance of confidentiality. The system used to support the E-Verify Program is operated and maintained according to DHS and Federal privacy requirements.

This collection is covered under the following Privacy Impact Assessment:

• E-Verify Program: Use of Commercial Data for Employer Verification.

The collection is covered under the following System of Records Notices:

• E-Verify Program System of Records, May 19, 2010, 75 FR 28035.

11. Provide additional justification for any questions of a sensitive nature, such as sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private. This justification should include the reasons why the agency considers the questions necessary, the specific uses to be made of the information, the explanation to be given to persons from whom the information is requested, and any steps to be taken to obtain their consent.

There are no questions of a sensitive nature.

12. Provide estimates of the hour burden of the collection of information. The statement should:

• Indicate the number of respondents, frequency of response, annual hour burden, and an explanation of how the burden was estimated. Unless directed to do so, agencies should not conduct special surveys to obtain information on which to base hour burden estimates. Consultation with a sample (fewer than 10) of potential respondents is desirable. If the hour burden on respondents is expected to vary widely because of differences in activity, size, or complexity, show the range of estimated hour burden, and explain the reasons for the variance. Generally, estimates should not include burden hours for customary and usual business practices.

• If this request for approval covers more than one form, provide separate hour burden estimates for each form and aggregate the hour burdens in Item 13 of OMB Form 83-I.

• Provide estimates of annualized cost to respondents for the hour burdens for collections of information, identifying and using appropriate wage rate categories. The cost of contracting out or paying outside parties for information collection activities should not be included here. Instead, this cost should be included in Item 14.

	A	B	C (=AxB)	D	E (=CxD)	F	(=ExF)
Type of Respondent	#. of Respondents	#. of Responses per Respondent	# of Responses	Avg. Burden per Response (in hours)	Total Annual Burden (in hours)	Avg. Hourly Wage Rate*	Total Annual Respondent Cost
New Users Entry (Enrollment)	66,330	1	66,330	2.26	149,906	$36.47	$5,467,065
Yearly Training	425,000	1	425,000	1	425,000	$36.47	$15,499,750
Queries/ Initial Cases	425,000	55	23,375,000	0.121	2,828,375	$36.47	$103,150,836
Total			23,866,330		3,403,281		$124,117,651

* The above Average Hourly Wage Rate is the May 2018 Bureau of Labor Statistics average wage for All Occupations of $24.98 times the wage rate benefit multiplier of 1.46 (to account for benefits provided) equaling $36.47. The selection of “All Occupations” was chosen because respondents to this collection could be expected from any occupation.

The total number of responses for this information collection is as follows:

• New Enrollment 66,330

• Yearly Training 425,000

• Cases 23,375,000

23,866,330

The projected hours per response for this collection of information were derived as follows:

• New Enrollment 2 hours 16 minutes

• Yearly Training 1 hour

• Cases 7.28 minutes

Annual Reporting Burden.

Total annual reporting burden hours are 3,403,281. This figure was derived by multiplying:

• Multiplying the number of newly enrolling respondents (66,330) * number of responses (1) * 2.26 hours (2 hours 16 minutes) per response (enrollment time includes review and signing of the MOU, registration, new user training, and review of the user guides); plus

• Multiplying the number of already-enrolled respondents receiving training on new features and system updates (425,000) * number of responses (1) * 1 hour per response; plus

• Multiplying the number of respondents submitting queries (425,000) * average number of Cases (or “responses”) per respondent (55) * .121 hours (approximately 7 minutes) per query. Please note that the response time is the weighted average of the time required for the initial query and the time required to assist an employee with the Tentative Non-Confirmation (TNC) contestation process when necessary¹. The weighted average was calculated as follows: {(98.2% (percent of Cases resolved without TNC) * .12 (time, in hours, to submit the initial query)} + {(1.55% (percent of Cases Found Not Authorized) * .12 (time, in hours, to submit the initial query)} + {(.25% (percent of Cases that receive a TNC) * 0.5 (time, in hours, spent assisting employee with the TNC contestation process)} = .121 (7.28 minutes) per query.

13. Provide an estimate of the total annual cost burden to respondents or record keepers resulting from the collection of information. (Do not include the cost of any hour burden shown in Items 12 and 14).

• The cost estimate should be split into two components: (a) a total capital and start-up cost component (annualized over its expected useful life); and (b) a total operation and maintenance and purchase of services component. The estimates should take into account costs associated with generating, maintaining, and disclosing or providing the information. Include descriptions of methods used to estimate major cost factors including system and technology acquisition, expected useful life of capital equipment, the discount rate(s), and the time period over which costs will be incurred. Capital and start-up costs include, among other items, preparations for collecting information such as purchasing computers and software; monitoring, sampling, drilling and testing equipment; and record storage facilities.

• If cost estimates are expected to vary widely, agencies should present ranges of cost burdens and explain the reasons for the variance. The cost of purchasing or contracting out information collection services should be a part of this cost burden estimate. In developing cost burden estimates, agencies may consult with a sample of respondents (fewer than 10), utilize the 60-day pre-OMB submission public comment process and use existing economic or regulatory impact analysis associated with the rulemaking containing the information collection, as appropriate.

• Generally, estimates should not include purchases of equipment or services, or portions thereof, made: (1) prior to October 1, 1995; (2) to achieve regulatory compliance with requirements not associated with the information collection; (3) for reasons other than to provide information or keep records for the government; or, (4) as part of customary and usual business or private practices.

Capital or Start-Up Costs

The Estimated Average Annual Capital Cost is $1,887,000.

A computer, printer and internet access are required to use the E-Verify Program. While we believe that employers will already have a computer, printer, and an internet connection, there may be a very small number of companies that do not have a computer, printer, or internet connection at their hiring site. Many companies have hiring sites or multiple hiring sites that are not co-located with the company headquarters or the location where the employees perform work for the government. Each firm requiring a computer would need internet access as well.

Multiplying the average annual estimated number of firms 2,550 x $740 ($400 estimated cost of a computer + $100 estimated cost of a printer/copy/scanner/ fax machine + $240 estimated cost of internet for a year).

$1,887,000/23,866,330 respondents= $0.079 per respondent

14. Provide estimates of annualized cost to the Federal government. Also, provide a description of the method used to estimate cost, which should include quantification of hours, operational expenses (such as equipment, overhead, printing, and support staff), and any other expense that would not have been incurred without this collection of information. Agencies also may aggregate cost estimates from Items 12, 13, and 14 in a single table.

Government Cost

The estimated cost to the Government is $7,038,394. This figure is calculated by:

• Multiplying the total estimated number of queries 23,866,330 x $.26 (estimated average cost per query); plus

• Multiplying the number of people that either went to SSA to resolve their issue or called DHS to resolve their issue (note: not all employees who receive a tentative non confirmation take steps to resolve the issue) 48,865 x $17.05 (average DHS and SSA cost per tentative non-confirmation resolution.

15. Explain the reasons for any program changes or adjustments reporting in Items 13 or 14 of the OMB Form 83-I.

There are no changes to the information collection instrument. There is no change to the E-Verify screens and MOUs. There is no change to the number of respondents. There is no change to the total estimated cost burden.

Data collection Activity/Instru-ment (in hours)	Program Change (hours currently on OMB Inventory)	Program Change (New)	Difference	Adjustment (hours currently on OMB Inventory)	Adjustment (New) [new minus current]	Difference
New Users Entry (Enrollment)				149,906	149,906	0
Yearly Training				425,000	425,000	0
Queries/ Initial Cases				3,015,375	2,828,375	-187,000
Total(s)				3,590,281	3,403,281	-187,000

The decrease in the estimated time burden hours is attributed to a review of the Tentative Non-Confirmation (TNC) contestation process data and a better understanding of the incidents of occurrence. The result is a better estimation of the time the tasks require. There are no changes to the information collection or the process to complete the TNC.

Data collection Activity/Instru-ment (in cost)	Program Change (hours currently on OMB Inventory)	Program Change (New)	Difference	Adjustment (hours currently on OMB Inventory)	Adjustment (New) [new minus current]	Difference
E-Verify				1,897,308	1,887,000	-10,308
Total(s)				1,897,308	1,887,000	-10,308

There is a decrease in the total estimated cost burden to E-Verify users to correct a rounding issue in the estimate. There is no program change that resulted in the cost burden change.

16. For collections of information whose results will be published, outline plans for tabulation, and publication. Address any complex analytical techniques that will be used. Provide the time schedule for the entire project, including beginning and ending dates of the collection of information, completion of report, publication dates, and other actions.

This information collection will not be published for statistical purposes.

17. If seeking approval to not display the expiration date for OMB approval of the information collection, explain the reasons that display would be inappropriate.

USCIS will display the expiration date for OMB approval of this information collection.

18. Explain each exception to the certification statement identified in Item 19, “Certification for Paperwork Reduction Act Submission,” of OMB 83-I.

USCIS does not request an exception to the certification of this information collection.

B. Collections of Information Employing Statistical Methods.

There is no statistical methodology involved with this collection.

1 The E-Verify process has more steps than these here, but these are the only steps that will require non-negligible amounts of time on the part of the respondent, the employer.

10