USCIS is committed to maintaining the privacy of personally identifiable information (PII) collected and used in E-Verify. USCIS protects PII consistent with the principles of the Privacy Act of 1974, the E-Government Act of 2002, and the Federal Records Act. E-Verify participants, including employers, and employer agents are also required to protect PII used in E-Verify, and may only collect and use E-Verify information in limited ways permitted by the E-Verify Memorandum of Understanding. As for myE-Verify, we require you to authenticate your identity at a high level of assurance before establishing an account to maintain that PII.
Section 404 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 authorizes us to collect your information.
E-Verify strives to be transparent in its handling of information, and has published a System of Records Notice and an E-Verify Privacy Impact Statement that describes the nature of E-Verify information collected, how it is managed, maintained and safeguarded, who may share and receive E-Verify information, and the privacy risks and mitigation measures associated with E-Verify information collection and use. E-Verify also requires its participants to display E-Verify Participation and Right to Work Notices in prominent locations clearly visible to current and prospective employees. These notices contain information regarding privacy and other rights and responsibilities in the E-Verify process.
Collection, Retention and Use of Information About You
Employees provide their personal information to their employer when they complete the Form I-9, Employment Eligibility Verification. The Form I-9 instructions (PDF) include a Privacy Act Statement notifying employees that their personal information may be used in E-Verify. Similarly, applicants seeking Secure Identification Display Area (SIDA) access through an Airport Operator receive notice that their information may be used in E-Verify. These forms, applications and notices function as voluntary consent to collect and use personal information in E-Verify. Individuals cannot specifically limit their consent in this context.
E-Verify retains and disposes of PII in accordance with a National Archives and Records Administration records retention and disposal schedule by annually disposing of E-Verify records that are over 10 years old. E-Verify will retain information submitted by the participant for 10 years from the date that participant completed the verification process, unless the records are part of an ongoing investigation or in litigation. In those cases, E-Verify may retain those records until the investigation or litigation ends.
As part of the normal E-Verify business process, certain information collected by E-Verify from the employee or participant may be submitted to E-Verify partners for verification purposes. Additionally, as part of the normal E-Verify business process, E-Verify partners may return certain information to the participant and the employee. E-Verify partners include: other DHS component agencies; the Social Security Administration (SSA); the Department of State; State Motor Vehicle Administrations; and the Department of Justice, Office of Immigrant and Employee Rights Section. Additionally, E-Verify information may be shared for law enforcement and intelligence purposes to assist in investigations of fraud, misuse, and discrimination cases. To view all of the routine uses of E-Verify information please see the E-Verify System of Records Notice.