PIA-DHS/USCIS/PIA-044(b) – Validation Instrument for Business Enterprises (VIBE), December 14, 2021

Privacy Impact Assessment Update
DHS/USCIS/PIA-044(b) VIBE
Page 0

Privacy Impact Assessment
for the

Validation Instrument for Business
Enterprises (VIBE)
DHS Reference No. DHS/USCIS/PIA-044(b)
December 14, 2021

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Abstract
The U.S. Department of Homeland Security (DHS) U.S. Citizenship and Immigration
Services (USCIS) developed the Validation Instrument for Business Enterprises (VIBE) to validate
the business operations and financial viability of employers seeking to hire foreign workers; and
identify benefit fraud based on internal and other government agencies’ referrals. USCIS is
updating this Privacy Impact Assessment (PIA) to account for (1) VIBE’s storing the VIBE
advisory Record of Action (ROA); (2) the collection of additional Dun and Bradstreet (D&B) data
elements; (3) updates to the information sharing agreement with the Department of Labor (DOL);
(4) new interconnection with USCIS Electronic Immigration System (ELIS); (5) the addition of
Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW-1) visa
classification; (6) VIBE modernization; and (7) the future integration with (E-Verify).

Overview
USCIS oversees the immigration process and is responsible for reviewing and adjudicating
employment-based benefit request forms with supporting documentation to confirm eligibility
submitted by employers yearly. As part of the adjudication process, Immigration Service Officers
(ISO) substantiate the submitted information and conduct security screening checks. Immigration
Service Officers refer cases suspected of possible immigration benefit fraud to Fraud Detection
and National Security (FDNS)1 Immigration Officers (FDNS IO) at the Center Fraud Detections
Operations (CFDO) to initiate an administrative inquiry. Previously, Immigration Service Officers
manually reviewed evidence without a standardized means of validating the information.
USCIS uses VIBE to enhance USCIS adjudications of certain employment-based
immigration petitions and applications. The USCIS Service Center Operations (SCOPS) operates
VIBE to assist USCIS Immigration Service Officers in the identification of valid
petitioners/employers while simultaneously identifying ineligible petitioners/employers and
potentially fraudulent filings. VIBE consolidates and displays information from Computer Linked
Application Information Management System (CLAIMS 3),2 ELIS,3 the Independent Information
Provider (IIP—currently Dun and Bradstreet),4 labor certification information from DOL, and
1

See U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. CITIZENSHIP AND IMMIGRATION SERVICES PRIVACY IMPACT
ASSESSMENT FOR FRAUD DETECTION AND NATIONAL SECURITY DATA SYSTEM (FDNS-DS), DHS/USCIS/PIA-013,
available at https://www.dhs.gov/privacy-impact-assessments.
2
See U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. CITIZENSHIP AND IMMIGRATION SERVICES PRIVACY IMPACT
ASSESSMENT FOR THE COMPUTER LINKED APPLICATION INFORMATION AND MANAGEMENT SYSTEM (CLAIMS 3) AND
ASSOCIATED SYSTEMS, DHS/USCIS/PIA-016, available at https://www.dhs.gov/privacy-impact-assessments.
3
See U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. CITIZENSHIP AND IMMIGRATION SERVICES PRIVACY IMPACT
ASSESSMENT FOR THE ELECTRONIC IMMIGRATION SYSTEM (USCIS ELIS), DHS/USCIS/PIA-056, available at
https://www.dhs.gov/privacy-impact-assessments.
4
DUN & BRADSTREET, INC. provides commercial data, analytics, and insights for businesses. Available at
https://www.dnb.com.

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VIBE-generated information based on USCIS developed algorithms through the VIBE Status
Report (VSR—a consolidated report generated by a specifically designed algorithm in VIBE).
This data helps identify eligible petitioners/employers, as well as ineligible employers and
potentially fraudulent filings. VIBE enhances USCIS’s mission by distinguishing eligible
petitioners/employers from those that are ineligible.
USCIS uses the information from VIBE to confirm a petitioner’s/employer’s financial
viability and operational status for petitions and applications where a job offer is required. USCIS
will not deny a petition or an application solely based upon information from VIBE. If USCIS
officers find significant data discrepancy between the evidence submitted by the petitioner or
applicant and the information presented in VIBE, they will give the petitioner or applicant the
opportunity to respond to the agency’s concerns. USCIS may issue a Request for Evidence (RFE)5
or a Notice of Intent to Deny (NOID)6 if it is necessary to resolve relevant inconsistencies or other
issues that emerge upon review of VIBE-supplied information that are material to the benefit
requested. USCIS will then make a final decision based on the totality of the circumstances.

Reason for the PIA Update
USCIS is updating the VIBE PIA to account for VIBE storing the Record of Action and
additional Dun and Bradstreet data elements; adding the Commonwealth of the Northern Mariana
Islands-Only Transitional Worker visa classification in VIBE; identifying updates to the
information sharing agreement with DOL to include ETA 9142C, CW-1 Application for
Temporary Employment Certification, and ETA 9089, Application for Permanent Employment
Certification; identifying the new interconnection with USCIS ELIS; and VIBE modernization, as
well as to inform of the future update regarding the integration with E-Verify for the
Commonwealth of the Northern Mariana Islands-Only Transitional Worker program.
Advisory Record of Action (ROA)
In instances where Fraud Detection and National Security wishes to convey information
but does not have the results of a complete investigation to report in a Statement of Findings (SOF),
Fraud Detection and National Security-Immigration Officers may use an Record of Action form.7
The Record of Action is used to report actions, such as issuing an administrative subpoena, making

5

A Request for Evidence is a document issued to an applicant or petitioner on a pending case when USCIS
determines that additional clarification, information, or evidence is needed to approve the case.
6
A Notice of Intent to Deny is a document issued to an applicant or petitioner that informs the individual that he or
she has been identified as ineligible for the immigrant benefit requested, and allows the party an opportunity to
overcome ineligible determinations by demonstrating with the appropriate information/documentation that he/she is
eligible for the benefit.
7
Although a Record of Action may be used to convey information, a Statement of Findings is the sole instrument
for Fraud Detection and National Security-Immigration Officers to report the results of a completed investigation to
USCIS adjudications for use in determining eligibility of an immigration benefit.

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an overseas verification request, taking a sworn statement, recording responses to other
government agency requests for assistance, and/or to record activities during ongoing, largescale/long-term investigations. The Record of Action may also be used to present advisory
information, such as information relating to organizations that have a VIBE designation of “known
fraudulent entity,”8 and/or to communicate information to USCIS adjudicators, such as the results
of preliminary investigative activities that may cause an adjudicator to issue a Request for
Evidence. To streamline the existing VIBE fraud detection process, Service Center Operations is
updating VIBE to enable Record of Actions created by the Center Fraud Detections Operations to
be stored in VIBE.9
When a petition/application is filed by known fraudulent entities or associated with known
fraudulent immigration practitioners10 or addresses,11 the petition/application may be sent to the
Center Fraud Detections Operations to review prior to adjudication and for preparation of a
Statement of Findings. There are circumstances when the underlying fraud findings for the known
fraudulent entities, addresses, or immigration practitioners do not warrant Center Fraud Detections
Operations review prior to adjudication. In those cases, a Record of Action will be created by the
Center Fraud Detections Operations in lieu of the Statement of Findings. Center Fraud Detections
8

Known Fraud Entities: All entities identified as committing fraud through an administrative inquiry or DOL
debarment are added to this list. Known fraud entities may include businesses, organizations, and educational
institutions identified as “diploma mills.” This list generally maintains the name of the entity, associated FDNS-DS
record, and a brief reason for its inclusion on the list.
9
Record of Actions will also continue to be stored in Fraud Detection and National Security-Data System.
10
Known Fraud Immigration Practitioners: An attorney or an accredited representative can act on behalf of an
applicant, petitioner, or requestor by completing a DHS Form G-28, Notice of Entry of Appearance as Attorney or
Accredited Representative. An attorney or an accredited representative of a recognized organization may represent
an applicant, or petitioning entity seeking immigration benefits without the appropriate credentials to perform this
service. Immigration practitioners on this list have been the subject of federal, state, or local court action to stop
their unauthorized practice of law or theft of fees for legal services. This list generally maintains the name of the
immigration practitioner, the state abbreviation of the immigration practitioner’s address, associated FDNS-DS
record, and a brief reason for the practitioner’s entry on the list. Information in this list is retrieved by “soundex,” a
phonetic algorithm for indexing names by the way they sound instead of the way they are spelled. A soundex hash is
a code that weighs the sounds of letters so that similar sounding names, recorded under various spellings, result in
the match. A soundex hash of the first and last name will be compared to a soundex hash of known fraud
immigration practitioners. VIBE automatically runs a soundex query only when a petition, request or application is
filed with Form G-28. When the VIBE system performs the soundex query, the system will fetch the immigration
practitioner name and state abbreviation based on the G-28 information and bounce against the Known Fraud
Immigration Practitioners list to identify possible matches. Only the matched Known Fraud Practitioners, the
corresponding FDNS-DS record number, and a brief reason for why the immigration practitioner is on the list are
displayed in VIBE.
11
Known Fraud Addresses: USCIS also identifies addresses associated with multiple filings by one or more
organization, attorney, preparer, law office, applicant, or petitioner that FDNS suspects or finds to have engaged in
fraud, criminal activities, or when national security concerns are present.
This list includes physical addresses and mailing addresses. FDNS provides the initial list of Known Fraud
Addresses based on the records in FDNS-DS for individuals who USCIS suspects or finds to have engaged in the
fraud with the associated address. Only the matched Known Fraud Addresses, the corresponding FDNS-DS record
number, and a brief reason for why the address is on the list are displayed in VIBE.

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Operations may create a Record of Action via a standardized template either via VIBE or via other
applications, and then upload the Record of Action document to VIBE.12 VIBE will maintain and
store the Record of Action document linked to the associated known fraud entity in the VIBE
database. If/when a petition or application is filed by a known fraud entity, VIBE will be able to
sweep the petition/application from CLAIMS 3 or ELIS and determine whether a corresponding
Record of Action is available in VIBE. If there is a Record of Action associated with the petitioning
entity or immigration practitioner, the adjudication officer will be able to access the Record of
Action via VIBE Status Report to support making an adjudicative decision. Allowing officers
access to the Record of Action electronically in VIBE will eliminate delays and unnecessary case
routing and reviewing processes for petitions/applications filed by known fraudulent entities,
known fraudulent immigration practitioners and known fraudulent addresses. The Record of
Action will be valid for one-year from the date the document was created. Prior to that one-year
ending, the Center Fraud Detections Operations Immigration Officer who created the document
will review the fraud findings for the known fraudulent entity or the immigration practitioner. If
the Record of Action is no longer valid the Center Fraud Detections Operations will update VIBE
to remove the Record of Action link for VIBE users. The Record of Action can also be updated or
removed at any time if there are additional updates on the fraud findings due to on-going or routine
Fraud Detection and National Security investigation.
Additional Dun and Bradstreet Data Elements
Service Center Operations uses an Independent Information Provider, currently Dun and
Bradstreet, to provide information to VIBE. In adjudicating employment-based benefits,
information from Dun and Bradstreet helps USCIS accurately determine whether petitioners
qualify for the requested benefit, or if providing the benefit otherwise may violate the law. To
accomplish this, USCIS uses an independent, third party information provider to accurately match
a company’s provided name and address against a comprehensive database of domestic and
international businesses, returning reliable, critical information about that petitioning entity.
If VIBE finds a match in the Dun and Bradstreet database, it retrieves and displays certain
data elements on the VIBE Status Report. USCIS is also licensed for 25 additional Dun and
Bradstreet data elements (listed below) that are not used for VIBE Status Report purposes. These
25 additional data elements will not be used or appear on the VIBE Status Report but have been
retrieved and stored in the VIBE database for future usage. Only VIBE administrators will have
access to the additional data elements. The availability of Dun and Bradstreet data for retrieval
provides USCIS with the capability to run in-depth analyses of petitioning entities and combat
certain types of benefit fraud without VIBE Status Report’s limitations. If the algorithm in VIBE
needs to be modified, USCIS will now have these additional 25 commercial data elements
12

The VIBE Record of Action created by Center Fraud Detections Operations Immigration Officer based on the
fraud investigation is an in-house product only accessible to USCIS employees.

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available for refinement. USCIS will issue an update to the VIBE Privacy Impact Assessment if it
determines these additional data elements will appear on the VIBE Status Report.
The additional data elements include:
1. NIXIE Code - An indicator denoting the deliverability of mail to a business’ address;
2. Latitude - The latitude, in decimal degrees, of the business’s physical location;
3. Longitude - The longitude, in decimal degrees, of the business’s physical location;
4. Economic Activity Code - A code denoting an area of economic activity as influence
designated by the U.S. Bureau of Economic Analysis;
5. Sales Three Year Trend - The sales volume in the last year of a three-year trend period;
6. Employee Three Year Trend - The employee count in the last year of a three-year trend
period;
7. Public Private Indicator - Indicator that shows whether the business is publicly or privately
held;
8. DUNS Integrated Assigned Sequence (DIAS) Code: an assigned code that sequences every
entity within a family tree group from the ultimate parent to the lowest entity linked to the
group;
9. Population Code: a code indicates the residential population at the business’ location;
10. Primary Standard Industrial Classification (SIC) Code - The Primary Standard Industrial
Classification Code is assigned to the entity. The Standard Industrial Classification
describes the type of activity performed by the business at this location. The four-digit
Standard Industrial Classification code is an index which describes the function
(manufacturer, wholesaler, retailer, or service) and the line of business in which the entity
is engaged;
11. High Credit - The highest reported credit balance for the business during the past 12
months;
12. Average Credit - The average credit represents the mean of the highest credit extended to
the subject business over the past 12 months;
13. Secure Filings Indicator - Indicates whether open secured filings such as U.S. Uniform
Commercial Code (UCC) filings, secured charges/mortgages pledging, or equivalent exist
for the business in Dun and Bradstreet’s database;
14. Suits/Judgements Indicator - Indicates whether open suits, judgments, petitions, or payment
remarks exist in the Dun and Bradstreet database for the business;

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15. Claims/Liens Indicator - Indicates if open claims, liens, protested bills, warrants, social
security summons, or equivalent exist in the Dun and Bradstreet database for the company;
16. Paydex - A Dun and Bradstreet payment score that assesses the payment performance of a
business;
17. Financial Embarrassment Indicator - An indicator denoting the presence of an open or
closed bankruptcy, receivership liquidation, or discontinuance with unpaid obligations for
the business;
18. Tixie Code - A code denoting the validity of a business’s phone number;
19. Government Contracts Indicator - Identifies businesses having at least one federal contract
award;
20. Small Business Indicator - Indicates business is classified as a small business by the U.S.
Small Business Administration (SBA);
21. Line of Business - Narrative description of the operations or activities of the business
generated from the Primary Standard Industrial Classification Code under which it is
classified;
22. Criminal Indicator - The Criminal Indicator provides an indication of whether criminal
proceedings related to the case exist in Dun and Bradstreet’s database;
23. Mailing Addresses - The primary mailing address/PO Box associated with the business;
24. Domestic Ultimate DUNS Number - The DUNS number associated with the Domestic
Ultimate (parent’s) location; and
25. Domestic Ultimate Business Name - The business name associated with the Domestic
Ultimate location.
Information Sharing with the DOL
On July 30, 2020, DHS and DOL signed a new Memorandum of Agreement (MOA) to
supersede and replace the previous Memorandum of Agreement dated January 12, 2017, and a
corresponding 2019 addendum. Like the previous Memorandum of Agreement, USCIS and DOL
agreed to share labor certification and labor condition application (LCA) information, issued by
the DOL Office of Foreign Labor Certification (OFLC), with USCIS through a system interface
between VIBE and DOL’s systems. Through this agreement each agency provides authorized
employees read-only access to the relevant systems. Authorized DOL employees also have readonly access to view certain CLAIMS 3 information through the Person Centric Query System

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(PCQS).13 In addition, USCIS provides DOL Office of Foreign Labor Certification, Wage and
Hour Division (WHD) and Office of Inspector General (OIG) read-only access to VIBE under the
authorization by the VIBE Independent Information Provider. USCIS ensures “read-only” access
is controlled through user access rights. DOL uses the USCIS data to assist in: reviews and
adjudications of labor condition and certification applications; program integrity actions; and
processing enforcement actions to ensure compliance with required wage payments, working
conditions, recruitment activities, and hiring practices.
DOL’s Office of Foreign Labor Certification underwent a system modernization effort.
The legacy iCERT Visa Portal System (iCERT) was replaced by the Foreign Labor Application
Gateway (FLAG) system. The Foreign Labor Application Gateway serves as the new application
filing and case management solution for DOL foreign labor certification programs which include
form ETA9142 A/B/C and ETA9035. An addendum to the 2017 DOL/DHS data-sharing
Memorandum of Agreement was signed on September 6, 2019, and enabled VIBE to retrieve and
share the DOL ETA9142C data, which is a new labor certification form issued for the
Commonwealth of the Northern Mariana Islands-Only Transitional Worker visa program. VIBE
has updated the existing data transaction service with the DOL system to retrieve and store the
DOL data contained on the new form ETA9142C, updated revision of ETA9142A, and ETA790A,
ETA9142B, and ETA9035 issued from the Foreign Labor Application Gateway.14
The new Memorandum of Agreement includes the data categories in its appendices that
will be shared among the parties stated in the Memorandum of Agreement. The appendices also
include the administrative case records available from the DOL iCERT Visa Portal System and
Foreign Labor Application Gateway systems. The new DOL Office of Foreign Labor Certification
Datahub platform will provide the capability for sharing near real-time state of case data for the
DOL Employment and Training Administration (ETA) form types, case action history, and
supporting documents issued from the Foreign Labor Application Gateway system. The DOL
Employment and Training Administration forms may be retrieved via VIBE as the original PDF
file issued from Foreign Labor Application Gateway. The associated supporting documents may
be retrieved in their original formats issued from Foreign Labor Application Gateway, such as
PDF, Word, Excel, or JPEG file. Future VIBE development will retrieve labor certification
associated documents based on the corresponding DOL Employment and Training Administration
13

See U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. CITIZENSHIP AND IMMIGRATION SERVICES PRIVACY IMPACT
ASSESSMENT FOR THE PERSON CENTRIC QUERY SYSTEM (PCQS), DHS/USCIS/PIA-010, available at
https://www.dhs.gov/uscis-pias-and-sorns.
14
See updated data categories in the separate Appendix C for ETA Form 9142A, H-2A (Application for Temporary
Employment Certification), ETA form 790A (H-2A Agricultural Clearance Order), ETA Form 9142B H-2B
(Application for Temporary Employment Certification), Appendix E for ETA Form 9035, (Labor Condition
Application for Nonimmigrant Workers), Appendix F for ETA9142C CW-1 (Application for Temporary
Employment Certification). Currently VIBE does not ingest or store DOL ETA 9141/9141C data. Available at
https://www.dhs.gov/privacy-impact-assessments.

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case number and will display them in VIBE in the original DOL format as issued in the Foreign
Labor Application Gateway system. USCIS expects to deploy the capability to connect to the DOL
Datahub in late 2021.
VIBE began ingesting DOL Employment and Training Administration 9089 Foreign Labor
Certification data in 2021. The DOL Employment and Training Administration 9089 data
categories shared with USCIS are specified in the Memorandum of Agreement. The DOL
Employment and Training Administration 9089 information ingested from the DOL system will
be displayed in a newly designed VIBE User Interface (UI) which will mirror the format of the
existing DOL Employment and Training Administration 9089. The USCIS Immigration Service
Officer will be able to access the DOL Employment and Training Administration 9089 information
via (1) a manual search of the DOL Employment and Training Administration 9089 case number
or (2) the VIBE Status Report for employment-based Form I-140s (Immigrant Petition for Alien
Workers) under visa classifications E21 (member of professions holding an advanced degree or an
undocumented worker of exceptional ability with the exception of National Interest Waiver
petitions); E31 (skilled worker); E32 (professional worker); and EW3 (unskilled/other worker).
This capability has been developed in the same manner as the process of accessing the existing
DOL Employment and Training Administration forms without any changes.
Adding Commonwealth of the Northern Mariana Islands-Only Transitional Worker
visa classification
VIBE added the Commonwealth of the Northern Mariana Islands-Only Transitional
Worker visa classification in April 2020. The Form I-129 CW, Petition for a Commonwealth of
the Northern Mariana Islands-Only Nonimmigrant Transitional Worker, and its
Commonwealth of the Northern Mariana Islands-Only Transitional Worker visa classification
allows employers in the Commonwealth of the Northern Mariana Islands to apply for
permission to employ foreign (nonimmigrant) workers who are otherwise ineligible to work
under other nonimmigrant worker categories. The Commonwealth of the Northern Mariana
Islands-Only Transitional Worker classification provides a method for transition from the
former Commonwealth of the Northern Mariana Islands foreign worker permit system to the
U.S. immigration system. USCIS decided to use VIBE as an adjudicative and fraud detection
tool to validate the business entities in the Commonwealth of the Northern Mariana Islands as
a result of the Northern Mariana Islands U.S. Workforce Act of 2018, which extended the
Commonwealth of the Northern Mariana Islands-Only Transitional Worker program through
December 31, 2029, and required Commonwealth of the Northern Mariana Islands-Only
Transitional Worker petitioners to apply for a temporary labor certification from DOL before
filing for employment authorization with USCIS for employment start dates in 2020 and
beyond. Commonwealth of the Northern Mariana Islands-Only Transitional Worker petitioners
must apply for the temporary labor certification using DOL Form ETA 9142C. Form I-129CW

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petitions are run in VIBE under the existing process for all I-129 visa classifications without
any changes.
E-Verify integration
E-Verify, authorized by the Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 (IIRIRA),15 is a web-based service that allows enrolled participants to electronically
confirm the identity and employment eligibility of their new employees to work. E-Verify is a
voluntary program, but participants may be required to enroll in and use E-Verify as a condition
of entering into a federal contract or subcontract that contains the Federal Acquisition Regulation
E-Verify clause or as a condition of receiving certain federal benefits and grants.16 E-Verify
participation is also a business licensing or state contracting condition under some state laws.
Finally, in some instances, employers may be required to participate in E-Verify because they are
part of the Executive Branch or Legislative Branch of government, or as a result of a court order.
E-Verify is a DHS program administered by the USCIS Verification Division and operated
in collaboration with the Social Security Administration (SSA). E-Verify confirms identity and
employment eligibility of newly hired employees and, in some cases, current employees. This is
accomplished by electronically matching information provided by employees on Form I-9,
Employment Eligibility Verification,17 against records available to the SSA and DHS.
The H-2A program is governed by 8 CFR 274a.12(b)(21), which grants up to 120 days of
continued work authorization for extension of stay/change of employer petitions if the new
employer is enrolled and in good standing in E-Verify, as determined by USCIS. However,
currently USCIS does not input the corresponding E-Verify Employer ID in CLAIMS 3 or ELIS
for H-2A cases. Therefore, the E-Verify information will not be used in VIBE for the H-2A
program at this time.
DHS issued an Interim Final Rule (IFR) that went into effect on June 18, 2020, that requires
Commonwealth of the Northern Mariana Islands-Only Transitional Worker employers to enroll in
E-Verify with respect to all their hiring sites in the Commonwealth and elsewhere in the United
States, and be a participant in good standing in the program as determined by USCIS.18 The Interim

15

IIRIRA §§ 401-05, codified at 8 U.S.C. § 1324a note.
As of January 15, 2009, the Federal Acquisition Regulation requires certain federal contractors and subcontractors
to use E-Verify to confirm employment eligibility for employees under certain contracts and new hires during the
period of those contracts. See 48 CFR § 52.222-54. In addition, the following federal regulations and programs
include E-Verify conditions, 8 CFR 214.2(f)(10)(ii)(C)(5) (OPT STEM Extensions); 8 CFR 214.2(f)(11)(i)(C) (OPT
STEM Ext. Application); 8 CFR 214.2(w)(1)(vii)(E), (xii)(CW-1); 8 CFR 274a.12(b)(6)(iv)(OPT STEM Ext. EAD);
8 CFR 274a.12(b)(21) (H-2A); IRS Publication 1075 (rev. 11/16) (access to federal tax information); USCIS
Citizenship and Assimilation Grants (https://www.uscis.gov/citizenship/civic-assimilation/learn-about-thecitizenship-and-assimilation-grant-program).
17
Form I-9, Employment Eligibility Verification, is available at https://www.uscis.gov/i-9.
18
Codified at 8 CFR 214.2(w)(1)(vii)(E) and (xii).
16

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Final Rule also updated the Form I-129 CW, Petition for Commonwealth of the Northern Mariana
Islands-Only Nonimmigrant Transitional Workers, to include new data fields capturing the
employer’s name as listed in E-Verify and the employer’s E-Verify Company Identification
Number (CID). Both fields are currently input into CLAIMS 3 upon receipt of the Form I-129
CW, Petition for a CNMI-Only Nonimmigrant Transitional Worker, based on the Interim Final
Rule. VIBE will ingest the employer’s E-Verify Company Identification Number from CLAIMS
3 as part of the VIBE Status Report for Form I-129CW petitions. VIBE will also provide a manual
search capability to allow the Immigration Service Officers to access the E-Verify data based on
the employer’s E-Verify Company Identification Number.
USCIS will begin building a data connection between VIBE and the E-Verify system. The
new interface between the two systems will allow VIBE to match the employer’s name as listed
in E-Verify and E-Verify Company Identification Number against the E-Verify system, and
retrieve the E-Verify Company Identification Number along with the employer’s name,
employer’s “doing business as” (DBA) name, if any, E-Verify Enrollment Date, E-Verify Status,
E-Verify Termination Date, if applicable, employer business address, employer TAX ID Number,
and Employer North American Industry Classification System (NAICS) codes to verify that the
employer is in good standing in the E-Verify program. Whenever the Commonwealth of the
Northern Mariana Islands-Only Transitional Worker receipt number is refreshed in VIBE, VIBE
will refresh the E-Verify interface to retrieve the latest E-Verify case status. The automated refresh
function is to ensure that VIBE retrieves and displays the most up-to-date information to the users.
VIBE Modernization
The VIBE architecture and platform being replaced are outdated, unsupportable, and
inflexible. To improve the VIBE data integrity, availability, and end-user experience, VIBE
requires a system modernization effort. The new version of VIBE, VIBE Plus, has added more
dynamic functions to improve the overall program efficiency, thus supporting future missions and
goals for the agency. The new “Google Maps” capability has been embedded into VIBE Plus as
part of the VIBE Status Report. “Google Maps” function allows Immigration Service Officers to
virtually inspect the employer’s claimed business location, either by a Street View, if available, or
a pinpoint on the map. VIBE Plus also enables a responsive web site which can be resized and
reformatted to fit the dimension for mobile devices. This advanced functionality will allow USCIS
users to use VIBE on government-issued mobile devices. It will also enable users to configure the
layout of certain sections of the site per their preference by moving panels. It is intended to expand
the VIBE usage beyond workstations and assist USCIS officers off-site in accessing VIBE
information in a timely manner.

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ELIS integration for H-2A E-processing
To meet and support e-processing goals for the H-2A program, certain petitions filed for
the H-2A visa classification have been processed in the USCIS ELIS system since July 2020. The
new interface built between ELIS and VIBE allows VIBE to ingest H-2A petition data from ELIS
at the point of data entry. The USCIS Immigration Service Officer uses VIBE to validate
information about the employers who file the H-2A petitions while ELIS is the H-2A petition data
source for VIBE. The H-2A data elements ingested from ELIS to VIBE are the same data elements
that VIBE currently ingests from the CLAIMS 3 system. All existing function of running VIBE
Status Reports for the H-2A program remains the same. All H-2A petitions will be fully
transitioned to ELIS in 2021 based on the implementation of the new I-129 standalone H-2A form.
The H-2A petitioning data elements from ELIS are as follows:
•

Receipt number and date;

•

Service Center;

•

Petitioning entity’s name, including organization/company’s business name or
individual employer’s last name and first name;

•

Petitioning entity’s physical address or mailing address;

•

Federal Employer Identification Number (FEIN) and/or Individual Internal Revenue
Service (IRS) Tax Number;

•

H-2A joint employer names and addresses (if applicable);

•

DOL Employment and Training Administration Case Number;

•

Adjudicative status;

•

Visa type;

•

Record timestamp;

•

Any associated receipt numbers for up to three years of previous filings;

•

Attorney or accredited representative’s last name and first name;

•

Attorney or accredited representative’s licensing authority (state) and bar number;

•

Attorney or accredited representative’s firm name;

•

Attorney or accredited representative’s firm address; and

•

The total number of workers requested, and total number of workers approved.

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Privacy Impact Analysis
Authorities and Other Requirements
The legal authority for VIBE does not change with this update. Section 103 of the
Immigration and Nationality Act (INA) provides the legal authority for VIBE.19 DHS and DOL
signed a new Memorandum of Agreement regarding the employment-based benefit request form,
labor certification, and labor condition application data on July 30, 2020, and supersedes the 2017
Memorandum of Agreement and 2019 Addendum.
The following System of Records Notices (SORN) continue to cover the collection,
maintenance, and use of information in VIBE:
•

DHS/USCIS/ICE/CBP-001 Alien File, Index, and National File Tracking System of
Records,20 which covers the employment-based benefit request form, supplemental
evidence, and decision notices;

•

DHS/USCIS-006 Fraud Detection and National Security Records,21 which covers the
cases referred to Center Fraud Detections Operations for administrative inquiry and
identified as benefit fraud; and

•

DHS/USCIS-007 Benefits Information System,22 which covers the review of
employment-based immigration benefit request forms.

As part of the Enterprise Service Bus 2 (ESB 2) Modernization effort, VIBE will be supported by
the Enterprise Gateway and Integration Services (EGIS) system.23 Enterprise Gateway and
Integration Services is a general support system and includes integrated subsystems within its
accreditation boundary. The Enterprise Gateway and Integration Services Authority to Operate
(ATO) is pending the adjudication and publication of the Enterprise Gateway and Integration
Services Privacy Impact Assessment.
The National Archives and Records Administration (NARA) approved the VIBE data
retention schedule (DAA-0566-2017-0029) on August 13, 2019. Records maintained in VIBE will

19

INA § 103, 8 U.S.C. § 1103.
See DHS/USCIS/ICE/CBP-001 Alien File, Index, and National File Tracking System of Records, 82 Fed. Reg.
43556 (Sept. 18, 2017) available at https://www.dhs.gov/system-records-notices-sorns.
21
See DHS/USCIS-006 Fraud Detection and National Security (FDNS) Records, 77 Fed. Reg. 47411 (Aug. 8, 2012)
available at https://www.dhs.gov/system-records-notices-sorns.
22
See DHS/USCIS-007 Benefits Information System, 84 Fed. Reg. 54622 (Oct. 10, 2019), available at
https://www.dhs.gov/system-records-notices-sorns.
23
See U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. CITIZENSHIP AND IMMIGRATION SERVICES PRIVACY IMPACT
ASSESSMENT FOR THE ENTERPRISE GATEWAY AS INTEGRATION SERVICES SYSTEM (EGIS), DHS/USCIS/PIA-080, at
https://www.dhs.gov/privacy-impact-assessments.
20

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be destroyed 50 year(s) after an entity, practitioner, or address from a known fraud list is placed
into VIBE, or when no longer needed for business reasons, whichever is longer.
This update does not impact the Paperwork Reduction Act (PRA) requirement. However,
Service Center Operations will use data from USCIS applications and petitions that are subject to
Paperwork Reduction Act and have assigned Office of Management and Budget (OMB) Control
numbers listed in the separate Appendix.
Characterization of the Information
To streamline the existing process to identify fraud via VIBE, Service Center Operations is
updating VIBE to enable Record of Actions created by the Center Fraud Detections Operations to
be stored in VIBE. While the immigration officer conducts the administrative investigation on the
known fraud entity and completes the investigation with an Record of Action, it is necessary to
conduct system checks to verify the information provided the petitioning entity, the investigation
may include but not limited to research in government and commercial database and public
records, internet searches of open source information, file reviews, site visits, administrative
subpoenas, and request for assistance from law enforcement agencies. Please refer to the DHS
USCIS FDNS Privacy Impact Assessment for USCIS FDNS Administrative Investigation.24 The
following information is provided by the Record of Action:
VIBE Advisory Record of Action Data Elements

24

•

Fraud Detection and National Security-Data System (DS) Number;

•

Company/Organization Name;

•

Company/Organization Address;

•

Attorney or Accredited Representative’s Name and Firm Name;

•

Attorney or Accredited Representative’s Business Address;

•

Attorney or Accredited Representative’s Licensing State and Bar Number;

•

Receipt Number;

•

Fraud Detection and National Security Officer Name;

•

Fraud Detection and National Security Office;

•

Date of Action;

See U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. CITIZENSHIP AND IMMIGRATION SERVICES PRIVACY IMPACT
ASSESSMENT FOR THE FRAUD DETECTION AND NATIONAL SECURITY SYSTEM (FDNS-DS), DHS/USCIS/PIA-013(a),
available at https://www.dhs.gov/uscis-pias-and-sorns.

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•

Record of Action Creation Date;

•

Type of Action;

•

Description of Action (which may contain the result conducted by system checks);

•

Previous filings by the petitioning entity or associated filings by the attorney or
accredited representative; and

•

Photos taken from the business location based on the site visit conducted by the USCIS
Immigration Officers if applicable.

Dun and Bradstreet Data Elements
Service Center Operations will use an Independent Information Provider, Dun and
Bradstreet, to provide information to VIBE. The following information is provided by the
Independent Information Provider:
•

D-U-N-S® Number (company unique ID received from the Independent Information
Provider);

•

Global Ultimate D-U-N-S® Number;

•

Global Ultimate company name;

•

Global subsidiary (e.g., company hierarchy, parent organizations, subsidiary
organizations, and affiliate organizations);

•

Foreign relationships;

•

Legal Status (e.g., LLC, LLP, Partnership, Sole-Proprietorship, non-profit);

•

Trade styles, which are additional names used by a business for advertising or buying
purposes;

•

Location type (e.g., Branch Office, Subsidiary, Headquarters);

•

Type of business;

•

Total number of employees employed at a particular location;

•

Total number of employees by the petitioning organization worldwide;

•

Year established;

•

Import/Export business type;

•

Number of related entities;

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•

Number of corroborating sources, which indicates the number of authenticating source
types that provide corroboration of a business’s identity and existence;

•

Tax exempt indicator;

•

Year the current owners took control of the organization;

•

Annual gross sales volume (modeled, actual, or estimated);

•

Payment history of the petitioning organization to include total payments and
timeliness of payments;

•

Company executive names and titles;

•

Business activity indicator, which is an indicator that measures the likelihood that the
company is no longer in business. This indicator could be based on, for example, UCC
filings or lack of activity;

•

A financial risk indicator, which measures the likelihood that the company will cease
operations as a going concern within the next 12 months;

•

NIXIE Code;

•

Latitude;

•

Longitude;

•

Economic Activity Code;

•

Sales Three Year Trend;

•

Sales Three Year Percent Growth;

•

Employee Three Year Trend;

•

Public Private Indicator;

•

DIAS Code;

•

Population Code;

•

Primary SIC Code;

•

High Credit;

•

Average Credit;

•

Secure Filings Indicator;

•

Suits/judgements Indicator;

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•

Claims/Liens Indicator;

•

Paydex;

•

Financial Embarrassment Indicator;

•

Tixie Code;

•

Government Contracts Indicator;

•

Small Business Indicator;

•

Line of Business;

•

Criminal Indicator;

•

Mailing Addresses;

•

Domestic Ultimate DUNS Number; and

•

Domestic Ultimate Business Name.

Further, based on a 2020 Interim Final Rule, USCIS Form I-129 CW, Petition for CNMI-Only
Nonimmigrant Transitional Workers, includes new data fields capturing the employer’s name as
listed in E-Verify and the employer’s E-Verify Company Identification Number. Both fields are
currently input into CLAIMS 3 upon receipt of the Form I-129C, Petition for a CNMI-Only
Nonimmigrant Transitional Worker. VIBE will ingest the employer’s E-Verify Company
Identification Number from CLAIMS 3 as part of the VIBE Status Report for Form I-129CW
petitions. VIBE will also provide a manual search capability to allow the Immigration Service
Officers to access limited E-Verify data based on the employer’s E-Verify Company Identification
Number.
Privacy Risk: There is a risk that the information used to update the Record of Action
within one year by the Center Fraud Detections Operations employee who reviews the fraud
findings is not updated in a timely manner to remove the Record of Action from VIBE if it is no
longer warranted.
Mitigation: This risk is mitigated. The Record of Action will have a one-year validity
period from the date the document was created. The Record of Action creation date is listed on the
Record of Action document and will be saved electronically and stored in the VIBE system. There
will be a timer set up in the system to alert the Center Fraud Detections Operations as the validity
period of the Record of Action expires. The Center Fraud Detections Operations designated
personnel will be responsible for updating the Record of Action in a timely manner. If the Record
of Action is not warranted after the expiration date due to the underlying fraud investigation being
closed or invalidated, the Center Fraud Detections Operations will update VIBE to remove the
Record of Action link on the VIBE User Interface (UI). The Record of Action can also be updated

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or removed by Center Fraud Detections Operations at any time if there is additional update on the
fraud findings due to on-going or routine Fraud Detection and National Security investigation. In
addition, the Immigration Service Officer will review the Record of Action in accordance with a
strict set of internal procedures. If the underlying Record of Action has expired after the one-year
validity period is over or needs to be updated, the Immigration Service Officer will reach out to
the Center Fraud Detections Operations for an updated version.
Privacy Risk: There is a risk that the underlying fraud findings for known fraudulent
entities, addresses, or immigration practitioners that do not warrant Center Fraud Detections
Operations review prior to adjudication are not updated in a timely manner.
Mitigation: This risk is mitigated. All VIBE known fraudulent entities, addresses or
immigration practitioners are requested and vetted by the Center Fraud Detections Operations.
USCIS reviews each request and determines whether to take any further action or to decline the
referral. USCIS will not deny a petition solely based upon information from VIBE without first
giving the petitioning entity or applicant the opportunity to respond directly to the agency’s
concerns. In any case in which USCIS contemplates denial, rescission, or revocation of an
immigration benefit based on evidence of fraud, the petitioning entity, immigration practitioners,
or accredited representatives are given an opportunity to review and rebut the evidence.
Privacy Risk: There is a risk that the new data elements updated by the third party (Dun
and Bradstreet) may not be updated timely and/or prior to USCIS review and/or retrieval of the
information to determine if the provider’s information is accurate to combat certain types of benefit
fraud.
Mitigation: This risk is partially migrated. Currently USCIS has no plan to use these
additional data elements in the VIBE system as part of the VIBE Status Report or part of the
scoring algorithm. VIBE end-users will not be able to access these data elements and will not
impact the Immigration Service Officer’s decision making on granting the immigration benefit
sought by the petitioner. Only system administrators who have the need to know can access these
data elements via the direct access to the VIBE database. The access will be password protected
and granted by the VIBE Information System Security Officer (ISSO).
Uses of the Information
USCIS continues to use VIBE to validate the business operations and financial viability of
organizations seeking to employ foreign workers; and to identify benefit fraud based on internal
information and other government agencies’ referrals.
DOL Use of USCIS Information
This update does not impact DOL’s use of USCIS information. DOL is responsible for
enforcement of labor certification violations and violations of U.S. labor laws. DOL can sanction

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employers that fail to comply with those laws and DHS has the authority to bar employers from
seeking to bring additional foreign laborers to the United States, if they have been found to be
violators by DOL. To determine employer violations, DOL reviews what employers are doing
once the foreign worker is employed versus what they promised to do/or claimed they did at the
certification/benefit request stage.
USCIS Use of DOL Information
The Department of Labor memorialized its authorization for Department of State (DOS)
employees with current read-only VIBE access to obtain DOL data through USCIS’ VIBE system,
or any successor systems in a Memorandum of Agreement signed July 30, 2020. USCIS grants
DOS employees’ access to VIBE under a specific DOS read-only user role based on the datasharing agreement between DOS and DHS dated November 18, 2008. The DOL information
available in VIBE will be available to DOS employees via the existing DOS user role.
This update does not impact USCIS’ use of DOL information. USCIS will continue to use
the information to determine immigration benefit eligibility, which is consistent with USCIS’
authorities and mission. Receiving information electronically from DOL also allows USCIS to
verify the validity of approved labor certifications when adjudicating employment-based benefit
request forms. It also assists USCIS in identifying fraudulent labor certification for fraud detection
purposes.
E-Verify Integration
The E-Verify condition for the Commonwealth of the Northern Mariana Islands-Only
Transitional Worker classification has been implemented pursuant to the June 18, 2020 DHS
Interim Final Rule. The Interim Final Rule also updated the Form I-129CW, Petition for CNMIOnly Nonimmigrant Transitional Workers, to include new data fields capturing the employer’s
name as listed in E-Verify and the employer’s E-Verify Company Identification Number. Both
fields are currently input into CLAIMS 3 upon receipt of the Form I-129CW, Petition for a CNMIOnly Nonimmigrant Transitional Worker, based on the Interim Final Rule. VIBE will ingest the
employer’s E-Verify Company Identification Number from CLAIMS 3 as part of the VIBE Status
Report for Form I-129CW, Petition for a CNMI-Only Nonimmigrant Transitional Worker,
petitions. VIBE will also provide a manual search capability to allow the Immigration Service
Officers to access limited E-Verify data based on the employer’s E-Verify Company Identification
Number.
USCIS will begin building a data connection between VIBE and the E-Verify system. The
new interface between the two systems will allow VIBE to match the employer’s E-Verify
Company Identification Number against the E-Verify system, and retrieve the E-Verify Company
Identification Number along with the E-Verify Enrollment Date, E-Verify Termination Date,
employer business address, employer TAX ID Number, and Employer North American Industry

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Classification System codes to verify that the employer is in good standing in the E-Verify
program. Whenever the Commonwealth of the Northern Mariana Islands-Only Transitional
Worker receipt number is refreshed in VIBE, VIBE will also check whether the employer is an EVerify participant in good standing at the same time to ensure that VIBE always retrieve and
display the latest E-Verify information at the time of query.
Privacy Risk: There is a risk that inaccurate data is captured within VIBE from the DOL
systems and used.
Mitigation: This risk is partially mitigated. To ensure the most up to date DOL information
is shared with VIBE, the existing DOL Data as a Service (DaaS) provides daily updates to VIBE.
Currently, VIBE connects to DOL Data as a Service through a daily data ingestion which may
cause the DOL data in VIBE to be potentially delayed by one day. This risk will be fully mitigated
by the DOL Datahub solution later this year. DOL Data as a Service ensures the accuracy of the
data by collecting the information directly from the DOL source systems, such as iCERT Visa
Portal System and Foreign Labor Application Gateway. For data that may be transferred to VIBE
through DOL Data as a Service, the data queried from the VIBE User Interface is delivered and
displayed in a VIBE template that has been reformatted to standardize the representation of the
data. The connection between VIBE and the DOL Datahub is a nearly real-time data transaction.
The queried DOL ETA9035, ETA9142A, ETA790A, ETA9142B, ETA9142C, and the associated
administrative case records via the DOL Datahub will be transferred and presented in VIBE in its
original format. Accuracy checks of the DOL data are conducted at the originating site and are out
of the scope of the VIBE system. Additionally, USCIS will not deny a petition solely based upon
information from VIBE without first giving the petitioning entity or applicant the opportunity to
respond directly to the agency’s concerns.
Privacy Risk: There is a risk that inaccurate E-Verify data is captured within VIBE from
the E-Verify integration and used.
Mitigation: This risk is partially mitigated. By integrating with a new E-Verify back-end
service, USCIS is able to reduce this risk. The data queried from the VIBE User Interface is
delivered and displayed in the VIBE Status Report as a separate E-Verify section that will be
reformatted to standardize the representation of the E-Verify data. The connection between VIBE
and the E-Verify service is a nearly real-time data transaction.
Notice
This Privacy Impact Assessment Update provides general notice to individuals to identify
VIBE updates. USCIS continues to provide notice to individuals through Privacy Notices on
immigration benefit request forms and the associated System of Records Notices. Consistent with
DHS’s information sharing mission, information covered by the DHS/USCIS-007 Benefits
Information System (BIS) System of Records Notice may be shared with other DHS Components

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that have a need to know the information to carry out their national security, law enforcement,
immigration, intelligence, or other homeland security functions. In addition, DHS/USCIS may
share information with the appropriate federal, state, local, tribal, territorial, foreign, or
international government agencies consistent with the routine uses set forth in the BIS System of
Records Notice. The following Routine Uses of the DHS/USCIS-007 Benefits Information System
System of Records Notice permit USCIS to share information with DOL. There are no additional
risks associated with notice.
•

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;

•

K. To appropriate federal, state, tribal, and local government law enforcement and
regulatory agencies, foreign governments, and international organizations, as well as to
other individuals and organizations during the course of an investigation by DHS or the
processing of a matter under DHS jurisdiction, or during a proceeding within the purview
of the immigration and nationality laws, when DHS deems that such disclosure is
necessary to carry out its functions and statutory mandates to elicit information required
by DHS to carry out its functions and statutory mandates; and

•

Y. To the Department of Labor for enforcement of labor certification violations and
violations of U.S. labor laws.
Data Retention by the Project

The National Archives and Records Administration has already approved the retention
schedule DAA-0566-2017-0029 for VIBE. According to the approved retention schedule, records
will be destroyed 50 year(s) after an entity, practitioner, or address from a known fraud list is
placed into VIBE, or when no longer needed for business reasons, whichever is longer. This
retention schedule for VIBE data provides access to information that can be critical to investigating
fraud, criminal activity, egregious public safety, or national security concerns for applicants or
petitioning entities who may still be receive immigration benefits.
DOL continues to have read-only direct access to VIBE and will not maintain any VIBE
data in their systems. VIBE continues to retrieve labor certification data on a daily basis via DOL
Data as a Service or retrieve the nearly real-time information from the DOL Datahub and stores
that data as a repository to match with USCIS employing data when the employer files
employment-based benefit request forms. USCIS users can also query the labor certification data
via the VIBE “DOL ETA Lookup” function to access the most recent labor certification data in
real time. The query results will be logged in the VIBE audit log files stored in the Enterprise
Gateway and Integration Services common audit database. All VIBE Status Reports and DOL data
are stored in the Enterprise Gateway and Integration Services database and will be retained and

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disposed of in accordance with VIBE retention schedule. There are no additional risks associated
with data retention.
Information Sharing
This PIA Update impacts the external sharing with DOL. The DOL and USCIS Information
Sharing Agreement is being updated to include, the DOL ETA Form 9142C, CW-1 Application
for Temporary Employment Certification, information related to the employment-based Form I129CW, Petition for a CNMI-Only Nonimmigrant Transitional Worker, and the additional
administrative case records from their iCERT Visa Portal System and Foreign Labor Application
Gateway systems.
DOL and USCIS entered into an information sharing agreement to share labor certification
and immigration-related information. USCIS and DOL continue to exchange information through
a system-to-system interface. Through this agreement each agency will provide authorized
employees read-only access to the relevant systems. DOL uses the USCIS data to assist in: reviews
and adjudications of labor condition and certification applications; program integrity actions (such
as business compliance with wage, working conditions, and recruitment requirements, audit
examinations, supervised recruitment, debarment, and invalidations); and processing enforcement
actions to ensure compliance with required wage payments, working conditions, recruitment
activities, and hiring practices.
The new data-sharing Memorandum of Agreement between DHS and DOL signed on July
30, 2020, listed the data categories in its appendixes that will be shared among the parties stated
in the Memorandum of Agreement. The appendices also include the administrative case records
available from the DOL iCERT Visa Portal System and Foreign Labor Application Gateway
systems. The new DOL Office of Foreign Labor Certification Datahub platform will provide the
capability for sharing near real-time state of case data for the DOL Employment and Training
Administration form types and supporting documents issued from the Foreign Labor Application
Gateway system. The Employment and Training Administration forms may be retrieved via VIBE
as the original PDF file issued from Foreign Labor Application Gateway. The associated
supporting documents may be retrieved in its original formats issued from Foreign Labor
Application Gateway, such as PDF, Word, Excel, or JPEG file. Future VIBE development will
retrieve labor certification associated documents based on the corresponding DOL Employment
and Training Administration case number and will display them in VIBE in the original DOL
format as issued in the Foreign Labor Application Gateway system. This capability to connect to
the DOL Datahub is expected to be deployed in 2021.
Redress
This update does not impact how access, redress, and correction may be sought. USCIS
continues to provide individuals with access to their information through a Privacy Act or Freedom

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of Information Act (FOIA) request. Individuals not covered by the Privacy Act or Judicial Redress
Act (JRA) still may obtain access to records consistent with the Freedom of Information Act unless
disclosure is prohibited by law or if the agency reasonably foresees that disclosure would harm an
interest protected by an exemption. U.S. citizens and Lawful Permanent Residents (LPR) may also
file a Privacy Act request to access their information. If an individual would like to file a Privacy
Act or Freedom of Information Act request to view his or her USCIS record, the request can be
mailed to the following address:
National Records Center
Freedom of Information Act/Privacy Act Program
P. O. Box 648010
Lee’s Summit, MO 64064-8010
Persons not covered by the Privacy Act or Judicial Redress Act are not able to amend their records
through the Freedom of Information Act. Should a non-U.S. person find inaccurate information in
his or her record received through the Freedom of Information Act, they may visit a local USCIS
Field Office to identify and amend inaccurate records with evidence.
Auditing and Accountability
USCIS ensures that practices stated in this Privacy Impact Assessment update comply with
internal federal, DHS, and USCIS policies, including the USCIS privacy policies, standard
operating procedures, information sharing agreements, orientation and training, rules of behavior,
and auditing and accountability procedures. The Memorandum of Agreement between USCIS and
DOL sets forth the basic mechanisms for the exchange of data and the responsibilities of the parties
regarding the use, retention, maintenance, dissemination, destruction, and safeguarding of the data
received. There may be occasions when DOL agencies or divisions possess a valid mission need
for information exchange pursuant to the Memorandum of Agreement. DOL is authorized to share
such information with those DOL agencies and components possessing a documented valid
mission need for such information. All VIBE users are appropriately trained, as required by
USCIS, prior to gaining access to the system. USCIS Service Center Operations continues to
provide all DOL users training prior to receiving access to the system.

Responsible Official
Angela Washington
USCIS Privacy Officer
U.S. Department of Homeland Security
Angela.Y.Washington@uscis.dhs.gov
(240) 721-3701

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Approval Signature
Original, signed copy on file with the DHS Privacy Office.

________________________________
Lynn Parker Dupree
Chief Privacy Officer
U.S. Department of Homeland Security
(202) 343-1717

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Appendix A
List of Application, Request and Petition Form Types and Visa Classifications that Are or
Will Be Available in VIBE.
These forms are vetted against the VIBE Known Fraud Entities, Known Fraud Immigration
Practitioners, and Known Fraud Addresses Lists.
Form I-129, Petition for a Nonimmigrant Worker
Only E-1, E-2*, CW-1, E-3, H-1B, H-1B1, H-1B2, H-1B3, H-2A, H-2B, H-3, L-1A, L-1B, LZ, Q-1, R1, TN-1, TN-225)
*Not including E-2 Commonwealth of the Northern Mariana Islands-only investors
Form I-131, Application for Travel Document
Form I-140, Immigrant Petition for Alien Worker
Only E12, E13, E21**, E31, E32, EW3, SD1, SR126
**Not including National Interest Waiver petitions
Form I-360, Petition for Special Immigrant
Form I-485, Supplement J, Confirmation of Bona Fide Job Offer or Request for Job Portability
Under INA Section 204(j)
Form I-765, Apply for Employment Authorization
Form I-821, Application for Temporary Protected Status
Form I-821D, Consideration of Deferred Action for Childhood Arrivals

25

See the form instructions for more information on the type of classifications under Form I-129, available at
http://www.uscis.gov/sites/default/files/files/form/i-129instr.pdf.
26
See the form instructions for more information on the type of classifications under Form I-140, available at
http://www.uscis.gov/sites/default/files/files/form/i-140instr.pdf.

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Appendix B
List of Data Elements that Are or Will Be Available in VIBE from USCIS CLAIMS 3,
ELIS and E-Verify System
•

Receipt number and date;

•

Petitioning entity’s name, including organization/company’s business name and/or
individual employer’s last name and first name;

•

Petitioning entity’s physical address or mailing address;

•

Federal Employer Identification Number (FEIN) and/or Individual IRS Tax Number;

•

H-2A joint employer names and addresses;

•

Service Center;

•

DOL ETA Case Number;

•

Adjudicative status;

•

Visa type;

•

Record Time-stamp;

•

Premium processing indicator;

•

H-1B dependent employer indicator;

•

Any associated receipt numbers up to 3 years of previous filings;

•

Attorney or accredited representative’s last and first name;

•

Attorney or accredited representative’s licensing authority (State) and bar number;

•

Attorney or accredited representative’s firm name;

•

Attorney or accredited representative’s firm address;

•

Employer’s Name as Listed in E-Verify;

•

Employer’s E-Verify Company Identification Number;

•

Employer’s E-Verify Client Company Identification Number;

•

Employer E-Verify state;

•

Employer E-Verify NAICS codes;

•

E-Verify enrollment date;

•

E-Verify termination date;

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•

Employer TAX ID;

•

Employer’s address; and

•

Employer’s Doing Business As (DBA) Name.

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Appendix C
List of Data Categories that are Available in VIBE from the DOL ETA Forms 9142A,
Temporary Labor Certification Application (OMB Control Number 1205-0466) and 9142B,
Temporary Employment Certification Application (OMB Control Number 1205-0509)
H-2A Temporary Labor Certification Application
•

Type of Employer Application;

•

Nature of Temporary Need;

•

Employer Information;

•

Employer Point of Contact Information;

•

Attorney or Agent Information;

•

Job Opportunity Information;

•

H-2A Labor Contractor Information;

•

Declaration of Employer and Attorney/Agent;

•

Labor Certification Application Preparer Information;

•

Appendix A: Attorney or Agent Declaration;

•

Appendix B: Employer Declaration;

•

Labor Certification Decision Information; and

•

Case status, processing events, and related case management information.
H-2A Agricultural Clearance Order27

27

•

Agricultural Clearance Order Identifier Numbers;

•

Agricultural Clearance Order SOC Code;

•

SWA Order Holding Office Contact Information;

•

Agricultural Clearance Order Employer Contact Information;

•

Type of Agricultural Clearance Order;

•

Agricultural Clearance Order Job Offer Information;

ETA Form 790 is known as the Agricultural Clearance Order. The form is used in the H-2A visa program by all
employers seeking workers to perform agricultural services or labor on a temporary, less than year-round basis
through the Agricultural Recruitment System and must be submitted State Workforce Agency (SWA).

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•

Agricultural Clearance Order Minimum Job Qualifications and Requirements;

•

Agricultural Clearance Order Place of Employment Information;

•

Agricultural Clearance Order Housing Information;

•

Agricultural Clearance Order Provision of Meals Information;

•

Agricultural Clearance Order Transportation and Daily Subsistence Information;

•

Agricultural Clearance Order Referral and Hiring Instructions;

•

Agricultural Clearance Order Additional Material Terms and Conditions of the Job Offer;

•

Agricultural Clearance Order Declaration; and

•

Case status, processing events, and related case management information.
H-2B Temporary Employment Certification Application Data Categories

•

Type of Employer Application;

•

Nature of Temporary Need;

•

Employer Information

•

Employer Point of Contact Information;

•

Attorney or Agent Information;

•

Job Opportunity Information;

•

Job Offer Information;

•

Wage Information;

•

Labor Certification Application Preparer Information;

•

Appendix A: Additional Places of Employment;

•

Appendix B: Attorney or Agent Declaration Information

•

Appendix C: Foreign Labor Recruiter Information;

•

Appendix D: Employer-Client Information;

•

Labor Certification Decision Information; and

•

Case status, processing events, and related case management information.

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Appendix D
List of Data Categories that are Available in VIBE from DOL ETA Form 9089, Permanent
Labor Certification Application (OMB Control Number 1205-0451).
Permanent Labor Certification Application Data Categories
• Type of Permanent Labor Certification;
• Employer Information;
• Employer Point of Contact Information;
• Attorney or Agent Information;
• Wage Information;
• Job Opportunity Information and Requirements;
• Area of Intended Employment Information;
• Recruitment Information;
• Foreign Worker Information;
• Permanent Labor Certification Preparer Information;
• Labor Condition Statements and Declarations of Foreign Worker, Employer, and Attorney or
Agent;
• Labor Certification Decision Information; and
• Case status, processing events, and related case management information.

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Appendix E
List of Data Categories that Are or Will Be Available in VIBE from DOL ETA Form 9035,
Labor Condition Application (LCA) (OMB Control Number 1205-0310).
Labor Condition Application (LCA) Data Categories
1. Employment-Based Nonimmigrant Visa Information;
2. Temporary Need Information;
3. Employer Information;
4. Employer Point of Contact Information;
5. Attorney or Agent Information;
6. Employment Location;
7. Wage Information;
8. Employer Labor Condition Application Statements;
9. Additional Labor Condition Application Statements_H-1B ONLY Information;
10. Information regarding H-1B Dependent or Willful Violator ONLY;
11. Employer Public Disclosure Information;
12. Notice of Obligations;
13. Labor Condition Application Preparer Information;
14. Labor Certification Decision Information; and
15. Case status, processing events, and related case management information

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Appendix F
List of Data Categories that are Available in VIBE from DOL ETA Form 9142C
CW-1 Application for Temporary Employment Certification (OMB Control Number 12050534).
CW-1 Application for Temporary Employment Certification
1. Nature of CW-1 Application;
2. Employer Information;
3. Employer Point of Contact Information;
4. Attorney or Agent Information;
5. Job Opportunity Information;
6. Job Requirements;
7. Place of Employment;
8. Wage Information;
9. Labor Certification Application Preparer Information;
10. Labor Certification Decision Information;
11. Appendix A: Job Contractor: Employer-Client Information;
12. Appendix B: Additional Place of Employment Information; and
13. Appendix C: Employer and Attorney Declaration Information.