; or (cc) photograph and appropriate identifying information provided by the Secretary of State pursuant to the granting of a visa. (II) Participating state The term participating State means a State that has an agreement with the Secretary to provide the Secretary, for purposes of identity verification in the System, with photographs and appropriate identifying information maintained by the State. (ii) Requirement for identity authentication In addition to verifying the documents specified in subparagraph (C), (D), or (E), the System shall require each employer to verify the identity of each newly hired employee using the identity authentication mechanism described in clause (iii), or for an individual whose identity is not able to be verified using that mechanism, to use the additional security measures provided in clause (iv) after such measures become available. A failure of the System to verify the identity of an individual due to the use of an identity authentication mechanism shall result in a further action notice under subsection (d)(4)(C)(iii). (iii) Photo tool (I) Use requirement An employer that hires an individual who has presented a covered identity document to establish his or her identity and employment authorization under this subsection shall verify the identity of such individual using the photo tool described in subclause (II). (II) Development requirement The Secretary shall develop and maintain a photo tool that enables employers to match the photograph on a covered identity document provided to the employer to a photograph maintained by a U.S. Citizenship and Immigration Services database or other appropriate database. (III) Individual queries The photo tool capability shall be incorporated into the System and made available to employers not later than 1 year after the date on which regulations are published implementing subsection (d). (IV) Limitations on use of information Information and images acquired from State motor vehicle databases through the photo tool developed under this