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Special Immigrant Visa

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The SIV (Special Immigrant Visas ) programs are two programs for receiving a United States visa. The program is administered under the Defense Authorization Act for Fiscal Year 2008, Public Law 110-181, which was signed into law on January 28, 2008.

Contents

For Iraqi Nationals Who Worked for or On Behalf of the U.S. Government

Section 1244 of this legislation, entitled "Special Immigrant Status for Certain Iraqis", as amended by section 1 of Public Law 110-244, enacted on January 3, 2008, authorizes 5,000 Special Immigrant Visas (The Kennedy SIV Program for Iraqi Nationals Who Worked for or on Behalf of the U.S. Government) per annum for Iraqi employees and/or contractors for fiscal years 2008 through 2012. This provision creates a new category of Special Immigrant Visa (SIV) for Iraqi nationals who have provided faithful and valuable service to the U.S. government, while employed by or on behalf of the U.S. government in Iraq, for not less than one year after March 20, 2003, and who have experienced or are experiencing an ongoing serious threat as a consequence of that employment.

Eligibility

Foreign nationals must self-petition for this special immigrant visa classification only if they can establish that they meet the following requirements:

  • must be a national of Iraq;
  • must have been employed by, or on behalf of the United States Government in Iraq, on or after March 20, 2003, for a period of not less than one year;
  • must have provided faithful and valuable service to the United States Government, which is documented in a letter of recommendation from the employee’s supervisor that is approved by the Chief of Mission (COM);
  • must have experienced or be experiencing an ongoing serious threat as a consequence of the employment by the United States Government, as determined through a risk assessment conducted by the Chief of Mission (COM) or the designee of the COM;
  • must be able to clear a background check and appropriate screening as determined by the Secretary of Homeland Security (DHS); and,
  • must be otherwise eligible to receive an immigrant visa and otherwise admissible to the United States for permanent residence, except in determining such admissibility, the grounds for inadmissibility specified in section 212(a)(4) of the Immigration and Nationality Act (8 U.S.C. 1182 (a)(4)), relating to "public charge" shall not apply.

    • Relevant Laws

    In addition to the program's enacting Defense Authorization Act for Fiscal Year 2008 legislation, the United States Congress has enacted various other statutes and amendments into public law with relevance to the S.I.V. program.

    For Iraqi National Translators/Interpreters

    Under section 1059 of the National Defense Authorization Act for Fiscal Year 2006, Public Law 109-163, up to 50 Iraqi and Afghan translators working for the U.S. military have been eligible for SIVs each fiscal year (FY). Public Law 110-36, which President Bush, Jr., signed into law on June 15, 2007, amended section 1059 by expanding the total number of beneficiaries to 500 a year for FY 2007 and FY 2008 only. In FY 2009, the number of visas available for this category reverted to 50 annually. In addition to these Frequently Asked Questions for Applicants, also see the USCIS Fact Sheet on Afghan and Iraqi Translators.

    As amended, section 1059 provides for SIV status for eligible Iraqi and Afghan translators and interpreters who have worked directly with United States Armed Forces or under Chief of Mission (COM) authority.

    References

    Special Immigrant Visa Wikipedia
    (Text) CC BY-SA