About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

[1] (February 8, 2017)

handle is hein.crs/crsmthmarhe0001 and id is 1 raw text is: 


CRS INSIGHT


Iraqi and Afghan Special Immigrant Visas (SIVs)

February 8, 2017 (IN 10649)

I


Related Author


     Andorra Bruno




Andorra Bruno, Specialist in Immigration Policy (ahno@crs bgo_, 7-7865)

The executive order Protectin the Nation from Foreign Trrrist Enty in  h ni   , issued on January 27,
2017, includes provisions to generally suspend the entry into the United States of immigrant and nonimmigrant visa
holders from seven countries. These provisions have raised questions about the Iraqi and Afghan special immigrnt i sa
(SIy) programs, which enable certain individuals who have worked for the U.S. government in Iraq or Afghanistan to
become lawful permanent residents (LPRs) of the United States. Iraq is among the 5even  mnries referenced in the
executive order; Afghanistan is not.

The SIV programs, in their current forms, are the product of a series of legislative provisions enacted since 2006. These
provisions make certain Iraqis and Afghans who have worked as translators or interpreters, or who were employed by,
or on behalf of, the U.S. government in Iraq or Afghanistan, eligible for special immigrant visas (SIVs). Special
immigrants comprise a category of permanent employment-baledadmission under the Immigration and Nationality
Act. Upon admission to the United States, special immigrant visa holders become LPRs. (The SIV programs are
separate from the S, refugee admissions program.)

There are three SIV programs for Iraqi and Afghan nationals. One is a permanent program for certain Iraqis and
Afghans who have worked directly with U.S. Armed Forces, or under Chief of Mission authority, for at least one year as
translators or interpreters. This program is currently capped at 50 principal aliens (excluding spouses and children) per
year.

The other two SIV programs for Iraqis and Afghans are temporary. One program is for certain Iraqis who were
employed in Iraq by, or on behalf of, the U.S. government for at least one year between March 20, 2003, and September
30, 2013. Current statutory authority provides for the issuance of no more than 2,500 visas to principal applicants after
January 1, 2014. The application deadline expired on September 30, 2014; applications filed by that date continue to be
processed. According to preliminary data from the State Department, there were 941 visas available to Iraqi principal
applicants under this SIV program as of January 29, 2017.

There is a similar temporary SIV program for certain Afghans who were employed in Afghanistan by, or on behalf of,
the U.S. government or by the International Security Assistance Force on or after October 7, 2001. The required
employment period for Afghans is one year or two years, depending on the application filing date. Prior to the
enactment of the FY2017 National Defense Authorization Act (NDAA; PL. 114-328) on December 23, 2016, statutory

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most