Additional Legislative Requirements

The Immigration Reform and Control Act of 1986 (IRCA)

The Immigration Reform and Control Act (IRCA) of 1986 requires employers to assure that employees hired are legally authorized to work in the U.S. However, an employer who requests employment verification only for individuals of a particular national origin, or individuals who appear to be or sound foreign, may violate both Title VII and IRCA; verification must be obtained from all applicants and employees. Employers who impose citizenship requirements or give preferences to U.S. citizens in hiring or employment opportunities also may violate IRCA.

Additional information about IRCA may be obtained from the Office of Special Counsel for Immigration-related Unfair Employment Practices at 1-800-255-7688 (voice), 1-800-237-2515 (TTY for employees/applicants) or 1-800-362-2735 (TTY for employers) or see, USDOJ: Civil Rights Division: Office of Special Counsel for Immigration-Related Unfair Employment Practices.

Student Exchange and Visitor Information (SEVIS)

As part of the ongoing effort to enhance the United States’ Homeland Security, the Justice Department implemented the Student Exchange Visitor Program (SEVP) which acts as the bridge for varied government organizations which have an interest in information on foreign students. SEVP uses Web-based technology, the Student and Exchange Visitor Information System (SEVIS) to track and monitor schools and programs, students, exchange visitors and their dependents throughout the duration of approved participation within the United States education system.

SEVP collects, maintains and provides the information so that only legitimate foreign students or exchange visitors gain entry to the United States. The result is an easily accessible information system that provides timely information to the Department of State, U.S. Customs and Border Protection, U.S. Citizenship and Immigration Services, and U.S. Immigration and Customs Enforcement.

SEVIS by the Numbers is a statistical breakdown of the system’s performance and trends in foreign student representation in U.S. academic and exchange programs.

The Student and Exchange Visitor Program has published both a Privacy Impact Assessment and a System of Records Notice for the Student and Exchange Visitor Information System (SEVIS) and both are now available for review.

Current Updates Regarding SEVIS