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Does DHS/USCIS consider Form I-9 and E-Verify information to be governable under the Fair Credit Reporting Act (FCRA) because they involve collection of employee data?

The FCRA and its related regulations apply to information from consumer reports by consumer reporting agencies. USCIS is not a consumer reporting agency, and E-Verify information provided to E-Verify employers by USCIS is not consumer information reported under the FCRA. Form I-9 information provided to the employer by the employee is also not part of any consumer report from a consumer reporting agency.

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