NJ Immigration.US

USCIS Clarifies Requirements for Agents Filing as Petitioners for the O and P Visa Classification

Introduction

U.S. Citizenship and Immigration Services (USCIS) is clarifying for performing arts associations and their members the regulatory requirements for agents who file as petitioners for the O and P visa classification.

Background

USCIS has received inquiries from the public and at the Service Centers that reveal confusion regarding the circumstances under which an agent may file O and P petitions on behalf of multiple employers.

Discussion

Under 8 CFR 214.2(o)(2)(i) and 8 CFR 214.2 (p)(2)(i), O and P petitions may only be filed by a U.S. employer, a U.S. agent, or a foreign employer through a U.S agent.

Both the O and P regulations provide that if the beneficiary employee will work concurrently for more than one employer within the same time period, each employer must file a separate petition with the Service Center that has jurisdiction over the area where the alien will perform services, unless an “established agent” files the petition.  See 8 CFR 214.2(o)(2)(iv)(B) and  8 CFR 214.2(p)(2)(iv)(B).

A petition filed by an agent is subject to several conditions.  A petition involving multiple employers may be filed by a person or company in business as an agent as the representative of both the employers and the beneficiary, if:

• The supporting documentation includes a complete itinerary of the event or events.
• The itinerary specifies the dates of each service or engagement, the names and addresses of the actual employers, and the names and addresses of the establishments, venues, or locations where the services will be performed.
• The contract between the employers and the beneficiary is submitted.
• The agent explains the terms and conditions of the employment and provides any required documentation.

See 8 CFR 214.2(o)(2)(iv)(E)(2) and (p)(2)(iv)(E)(2).  In addition, an agent who is also the beneficiary’s employer may file a petition, but the agent must specify the wage offered and the other terms and conditions of employment as described in the contractual agreement between the agent/employer and the beneficiary employee.  8 CFR 214.2(o)(2)(iv)(E)(1) and (p)(2)(iv)(E)(1).  Therefore, while the regulations permit an agent to file a petition on behalf of multiple employers (including the agent/employer itself), the regulations require that the agent be “in business” as an agent.

An employer that files a petition on behalf of other employers under the guise of being such employers’ “agent” does not meet this condition.  For example, if Employer A files a petition for a beneficiary it will be sponsoring, and submits an itinerary that includes performances for the beneficiary with other employers, at different times, and at different venues, USCIS generally would only approve the petition for Employer A and deny the petition with respect to the other employers.

Such a petition may be approved with respect to all employers only if Employer A can establish to the satisfaction of USCIS that it is “in business as an agent,” and that the other employers are its clients.  This may be accomplished by agent-Employer A submitting all of the required evidence listed above, as well as evidence of the agency relationship, such as a copy of its contract with the other employers.

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U.S.  Citizenship and Immigration Services (USCIS) reminds individuals that they must obtain Advance Parole from USCIS before traveling abroad if they have:

• been granted Temporary Protected Status (TPS);
• a pending application for adjustment of status to lawful permanent resident;
• a pending application for relief under section 203 of the Nicaraguan Adjustment and Central American Relief Act (NACARA 203);
• a pending asylum application; or
• a pending application for legalization.

To obtain Advance Parole, individuals must file Form I-131, Application for Travel Document.

Advance Parole is permission to reenter the United States after traveling abroad.  Advance Parole is an extraordinary measure used sparingly to allow an otherwise inadmissible individual to enter the United States due to compelling circumstances.  By law, certain individuals must apply for a travel document and have Advance Parole approved before leaving the United States.  Attempts to reenter the United States without prior authorization may have severe consequences since individuals requiring advance parole may be unable to return to the United States and their pending applications may be denied or administratively closed.

Applicants planning travel abroad should plan ahead since applicants can anticipate processing times of about 90 days, depending on the USCIS office location.  Instructions for filing Form I-131 provide details on where to mail travel document applications and should be followed carefully to avoid delay.

Note:
Under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, aliens who depart the United States after being unlawfully present in the United States for certain periods can be barred from admission to lawful permanent resident status, even if they have obtained Advance Parole.  Aliens who have been unlawfully present in the United States for more than 180 days, but less than one year, are inadmissible for three years; those who have been unlawfully present for one year or more are inadmissible for 10 years.  Aliens who are unlawfully present, then depart the United States and subsequently reenter under a grant of parole, may still be ineligible to adjust their status.

Individuals who have been admitted as refugees or granted asylum, including those who are applying for adjustment of status, do not need to obtain Advance Parole.   Instead, these individuals should apply for a Refugee Travel Document using Form I-131 and comply with applicable application requirements, such as biometric processing, prior to leaving the United States.

Lawful permanent residents who obtained such status as a result of being a refugee or asylee in the United States may also apply for a Refugee Travel Document.

Asylum applicants, asylees and lawful permanent residents who obtained such status based on their asylum status are subject to special rules with regard to traveling outside the United States.  Such individuals are encouraged to review USCIS’ Fact Sheet Traveling Outside the United States as an Asylum Applicant, an Asylee, or a Lawful Permanent Resident Who Obtained Such Status Based on Asylum Status.

Before making any plans to travel abroad, all individuals with pending applications for adjustment of status, relief under NACARA 203, or asylum are urged to consult an immigration attorney or immigration assistance organization accredited by the Board of Immigration Appeals.

Introduction

U.S. Citizenship and Immigration Services (USCIS) issued a reminder that effective April 3, 2009, all U.S. employers are required to use the revised Form I-9, Employment Eligibility Verification, (Rev. 02/02/09). The revision date can be found in the lower right-hand corner of the form.  The interim final rule, published Dec.17, 2008 in the Federal Register, revised the list of documents acceptable for the Employment Eligibility Verification (Form I-9) process.  Previous versions of Form I-9 may no longer be used.

Background

All employers, agricultural recruiters and referrers for a fee are required to verify the identity and employment authorization of each person they hire for employment in the United States. USCIS has revised Form I-9 to bring it into compliance with the governing statutes that require all documents presented during the Form I-9 process to be unexpired. Allowing for expired documents makes it more difficult for employers to verify an employee’s identity and employment authorization and compromises the Form I-9 process.

Questions and Answers

Q. Why is a revised Form I-9 being released?
A. The revised Form I-9 reflects changes made to the list of documents acceptable for Form I-9 in accordance with the interim final rule titled “Documents Acceptable for Employment Eligibility Verification ,” published in the Federal Register on Dec. 17, 2008. The rule furthers our ongoing effort to increase the security of the Form I-9 process.

Q. In January, USCIS announced a delay in this rule’s implementation in order to receive more comments and review the rule further.  What was the result of that process?
A. On Jan. 30, 2009, USCIS did announce a 60-day delay in the effective date of the Interim Final Rule, until April 3, 2009, in order to provide the opportunity for further review of the rule.  The comment period was reopened for 30 days (until March 4, 2009).  After consideration of the comments and review of the rule, we determined that the rule should take effect on April 3, 2009, as scheduled.  The comments will be further considered, and responded to, in a subsequent final rulemaking on this subject.

Q: What is the difference between the revised Form I-9 and the old one?
A: The biggest difference in the revised Form I-9 is that all documents presented during the Form I-9 process must be unexpired. The list of approved documents that employees can present to verify their identity and employment authorization is divided into three sections: List A documents verify identity and employment authorization, List B documents verify identity only, and List C documents verify employment authorization only.

The following documents have been added or removed from the List of Approved Documents:
Two documents have been added to List A:

• A temporary I-551 printed notation on a machine-readable immigrant visa in addition to the foreign passport with a temporary I-551 stamp; and
• A passport from the Federated States of Micronesia (FSM) or the Republic of the Marshall Islands (RMI) with a valid Form I-94 or Form I-94A indicating nonimmigrant admission under the Compact of Free Association Between the United States and the FSM or RMI.

Three documents were removed from List A:

• Form I-688, Temporary Resident Card;
• Form I-688A, Employment Authorization Card; and
• Form I-688B, Employment Authorization Card.

Q. Where can I obtain a copy of the revised Form I-9?
A. The revised Form I-9 can be downloaded, please see Related Links on the right of this page.  Employers who do not have computer access can order USCIS forms by calling our toll-free forms line at 1-800-870-3676.

Q: Has the Handbook for Employers (M-274) been updated?
A:  Yes.  The Handbook for Employers, Instructions for Completing the Form I-9 (M-274) has been updated to reflect these revisions to the Form I-9 and is available for free, please see Related Links on the right of this page.

Q. Why can’t I present an expired document?
A. USCIS wants to ensure that documents presented for use in the Form I-9 process are valid and reliably establish both identity and employment authorization status. Expired documents may not demonstrate a valid status and are prone to tampering and fraudulent use. This change takes into account the limits placed on these documents by their issuing authorities. If a document does not contain an expiration date, such as a Social Security card, it is considered unexpired.

Q. Why is only one type of Employment Authorization Document left in List A?
A. Forms I-688, I-688A and I-688B are older employment authorization documents. These are no longer issued and have now expired.

Q. Section 1, Employee Information and Verification of the revised Form I-9, refers to a citizen or noncitizen national of the United States. Who is a noncitizen national?
A. Noncitizen nationals are persons born in American Samoa, certain former citizens of the formerTrust Territory of the Pacific Islands, and certain children of noncitizen nationals born abroad.
More information on U.S. noncitizen nationals can be found at the Department of State Certificates of Non-Citizen Nationality, please see “Related Links.”

Q: As an employer, may I accept documents that used to be on the Form I-9 but aren’t now?
A: No. Beginning April 3, 2009, employers may only accept documents on the “List of Acceptable Documents” on the revised Form I-9 (Rev. 02/02/09). When an employee must be reverified because employment authorization has expired, employers should ensure that they use the revised Form I-9 with its new List of Acceptable Documents. An employer may not reverify the employee by completing Section 3 – Updating and Reverification on a previous version of Form I-9.

Q: Are there any changes in the way the revised Form I-9 is completed?
A: No. The revised form should be completed exactly the same way as the old one. Employers should be mindful of changes to the types of documents that they may accept in Section 2 – Employer Review and Verification.

The U.S. Department of State does not recommend that U.S. citizens consider adoption from Kyrgyzstan at this time. Currently, no adoption cases are being processed, including at least sixty-five adoption cases by U.S. citizens already in progress.  In addition, the Kyrgyz government is considering significant changes to its adoption regulations.

The Kyrgyz Government has formed an adoption commission that includes officials from the Vice Prime Minister’s office, the Ministries of Education, Social Protection and Labor, Foreign Affairs, Internal Affairs, and Justice, as well as the General Prosecutor’s office.  This commission is responsible for drafting new adoption policy and legislation, with special emphasis on clarifying the roles and responsibilities of the different agencies involved.  The commission will recommend whether the Kyrgyz Republic should join the Hague Convention on Intercountry Adoption.  The commission plans to report to Parliament by March 20; the Parliament will then choose what action it will take on these proposals. The Kyrgyz government does not intend to process any adoption cases, new or pending, until the adoption commission issues its report and Parliament has taken action on its recommendations.

Although the new legislation likely will not affect existing cases of children already matched with adoptive parents, it will allow the Ministry of Education authority to resume processing these adoption dossiers.  New adoption cases would be subject to any new requirements established by Parliament.

The U.S. Embassy continues to monitor the situation and will provide clarification as soon as it is received.

U.S. Citizenship and Immigration Services (USCIS) reminds customers that the applicable provisions of immigration law concerning the EB-5 Immigrant Investor Pilot Program (Pilot Program) will “sunset” or expire at midnight on March 6, 2009.

The sunset date affects all Regional Center Proposals and certain Forms I-526, Immigrant Petition for Alien Entrepreneurs and Forms I-485, Applications to Register Permanent Residence or Adjust Status, affiliated with Regional Centers relying on “indirect” job creation analyses.  USCIS will continue to receive, process, and adjudicate as many Regional Center affiliated Forms I-526 and Forms I-485 as possible until the close of business on March 6, 2009, the scheduled sunset date.

The previous five-year extension of the Pilot Program was set to expire on October 1, 2008.   However, on September 30, 2008, the fiscal 2009 continuing resolution bill entitled the “Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009,” H.R. 2638, was signed into law which extended all government operations through March 6, 2009, including the EB-5 Pilot Program.

If the sunset date is not extended, affected Regional Center sponsors and certain Regional Center affiliated I-526 petitioners will not be able to benefit from indirect job creation under the sunsetting provisions as of March 7, 2009.  No new Regional Center Proposals will be accepted as of March 7, 2009.  All Forms I-526 received after March 6, 2009 must demonstrate that all ten jobs created will be direct, permanent, full-time (35 hours per week) jobs for qualified U.S. workers (U.S. Citizens, Lawful Permanent Residents, Refugees, Asylees, or persons granted cancellation of removal or suspension of deportation).

Unless the program is extended, USCIS will hold unadjudicated Regional Center proposals and Regional Center affiliated I-526 petitions that were received before the provisions sunset in abeyance for an indeterminate period of time pending further action by Congress.  If Congress does not act to reauthorize the Pilot Program, final determinations will be made based on the evidence of “direct” job creation.  The decisions will be made based either on the existing evidence of record or in response to a request for evidence, and denials will be issued for any pending Regional Center Proposals.

USCIS has not made a final determination whether it may approve Regional Center affiliated adjustment of status applications after the provisions sunset and it will hold these Form I-485 applications in abeyance pending a final determination or Congressional action.  If the sunset provisions are extended, adjudication of the held cases will resume promptly.  USCIS will provide further guidance to the public if legislation is enacted to extend the sunsetting provisions.

Forms I-829, Petition by Entrepreneur to Remove Conditions, whether affiliated with a Regional Center or not, will be unaffected by the sunset of these provisions of the Immigration and Nationality Act.

Federal agents arrested 11 individuals in 6 states Wednesday as part of an investigation into suspected visa and mail fraud. Matthew G. Whitaker, United States Attorney for the Southern District of Iowa, announced the operation, which was carried out by federal, state and local law enforcement agencies in Iowa, California, Massachusetts, Texas, Pennsylvania, Kentucky, and New Jersey.

VISION SYSTEMS GROUP, INC., a New Jersey Domestic Profit Corporation, with a branch office in Coon Rapids, Iowa, was also indicted in a ten count federal indictment that included one count of conspiracy, eight counts of mail fraud, and one count of ‘Notice of Forfeiture’ in the amount of $7.4 million.

“Today’s multi-state enforcement action is the result of an extensive, ongoing investigation into suspected H1B visa fraud, mail fraud, and conspiracy,” said U.S. Attorney Whitaker. “Dubbed Operation Pacific Vision, this investigation is the result of outstanding cooperation and collaboration among law enforcement agencies at all levels of government.”

The investigation is being conducted by U.S. Immigration and Customs Enforcement (ICE) in collaboration with U.S. Citizenship and Immigration Services – Fraud Detection and National Security Division (FDNS); U.S. Department of Labor – Office of Inspector General; U.S. Postal Inspection Service (USPIS); U.S. Department of State; Social Security Administration – Office of The Inspector General, and is supported by the U.S. Attorney’s Office for the Southern District of Iowa.

“This case highlights the Department of Homeland Security’s commitment to identifying and dismantling visa fraud schemes,” said Homeland Security Acting Assistant Secretary for ICE John P. Torres. “Ensuring the integrity of our nation’s legal immigration system is a top priority for ICE.”

“This is a prime example of how the Department of Homeland Security identifies fraud,” said Michael Aytes, U.S. Citizenship and Immigration Services (USCIS) Acting Deputy Director. “Our adjudication officers can spot inconsistencies during the application process that ultimately lead to the successful outcome we’re seeing today. Visa fraud undermines the integrity of the immigration system and I’m proud that our officers have helped to ensure that the American people and our customers can continue to depend on a reliable system.”

Federal authorities, with assistance from state and local law enforcement, served search warrants at addresses in Urbandale and Clive, Iowa; in Santa Clara, Rancho Cucamonga and Arcadia, Calif.; and in South Plainfield, N.J.

This investigation involves companies that sponsor primarily H-1B non-immigrants, or temporary workers in specialty occupations that require particular expertise. The companies that are the subject of this investigation have asserted that the foreign workers have been brought to the U.S. to fill existing vacancies. However, the companies allegedly have not always had jobs available for these workers, thereby placing them in non-pay status after they arrive in the United States. In some cases, the foreign workers have allegedly been placed in jobs and locations not previously certified by the Department of Labor, displacing qualified American workers and violating prevailing wage laws. The companies and foreign workers have allegedly submitted false statements and documents in support of their visa petitions. The false statements and documents were mailed or wired to state and federal agencies in support of the visa applications. The companies are suspected of visa fraud, mail fraud, wire fraud, money laundering and conspiracy.

“The foreign labor certification programs are designed to permit U.S. employers to hire foreign workers to fill jobs essential to American businesses,” said Daniel R. Petrole, Deputy Inspector General, United States Department of Labor. “Our agency remains resolute in its commitment with its law enforcement partners to investigate fraud committed against these Department of Labor programs.”

U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields, such as scientists, engineers, or computer programmers. As part of the H-1B program, the Department of Homeland Security (DHS) and the Department of Labor (DOL) require U.S. employers to meet specific labor conditions to ensure that American workers are not adversely impacted, while the DOL’s Wage and Hour Division safeguards the treatment and compensation of H-1B workers. Congress sets a numerical cap for the admission of skilled workers into the U.S. The current H-1B cap is set at 65,000 per fiscal year. H-1B aliens can work in the United States for three years, with an option for an additional three years (for a maximum of six years).

Those arrested Wednesday by ICE agents include:

1.  Shiva NEELI,  Arrested in Boston, MA; charged with Conspiracy, Mail Fraud

2. Ramakrishna MAGULURI, Arrested in Atlanta, GA; charged with Conspiracy, Mail Fraud

3. Villiappan SUBBAIAH, Arrested in Dallas, TX; charged with Conspiracy, Mail Fraud

4. Suresh POLA,  Arrested in Pennsylvania (SAC PHI); charged with Conspiracy, Mail Fraud

5. Vishnu REDDY,  Arrested in Los Angeles, CA; charged with Conspiracy, Mail Fraud, Wire Fraud

6. Chockalingam PALANIAPPAN,  Arrested in San Jose, CA; charged with Conspiracy, Mail Fraud, Wire Fraud

7. Vijay MYNENI,  Arrested in San Jose, CA; charged with Conspiracy, Mail Fraud

8.  Venkata GUDURU,  Arrested in New Jersey; charged with Conspiracy, Mail Fraud

9.  Praveen ANDAPALLY, Arrested in New Jersey; charged with Conspiracy, Mail Fraud, Wire Fraud, False Statement in Immigration Matter

10.  Amit JUSTA, Arrested in New Jersey; charged with Conspiracy, Mail Fraud

11. Karambir YADAV, Arrested in Louisville, KY; charged with Conspiracy, Mail Fraud

The maximum sentences for the above charges are:

• Conspiracy: 5 Years in Prison and a $250,000 fine
• Mail Fraud: 20 Years in Prison and a $250,000 fine
• Wire Fraud 20 Years in Prison and a $250,000 fine
• False Statement in Immigration Matter: 10 Years in Prison and a $250,000 fine

U.S. Refugee Admissions Program

The U.S. Refugee Admissions Program (USRAP) is an inter-agency effort involving a number of governmental and non-governmental partners, both overseas and domestically, whose mission is to resettle refugees in the United States.   The U.S. Department of State’s (DOS) Bureau of Population, Refugees and Migration (PRM) has overall management responsibility for the USRAP and has the lead in proposing admissions numbers and processing priorities.  Within the U.S. Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS) has responsibility for interviewing refugee applicants and adjudicating applications for refugee status.  Through its cooperative agreements with Overseas Processing Entities (OPE), PRM handles the intake of refugee referrals from the United Nations High Commissioner for Refugees (UNHCR), U.S. embassies, and certain non-governmental organizations (NGOs) as well as the prescreening of cases and the out-processing of individuals for travel to the United States.

Iraqi Refugee Processing

Part of the humanitarian mission of the USRAP is to provide resettlement opportunities to especially vulnerable Iraqi refugees. Since large-scale Iraqi refugee processing was announced in February 2007, DHS and DOS have worked cooperatively to increase the number of Iraqi refugees admitted to the United States as part of the worldwide commitment.   Throughout fiscal year 2008, DHS and DOS worked closely to enhance processing capacity of Iraqi refugee applicants while ensuring the highest level of security. In support of these efforts, USCIS deployed more than 150 officers to the Middle East to conduct 29 refugee processing circuit rides and interviewed more than 23,000 Iraqi refugee applicants.

As a result of this collaboration, the USRAP admitted more than 13,800 Iraqi refugees in fiscal year 2008.  Not only did this admission level exceed the U.S. government’s goals to resettle 12,000 Iraqis, but it reflects a significant increase over the approximately 1,600 Iraqis admitted the prior fiscal year.

Since the inception of the program in 2007, 58,243 Iraqi nationals have been referred for resettlement to the USRAP. USCIS has interviewed 35,764 Iraqi refugee applicants; approved 27,119 for resettlement and 19,910 Iraqi refugees have arrived in the U.S. as of Feb. 4, 2009.

Process for Resettlement

In identifying Iraqi cases for referral to the USRAP, UNHCR and DOS have been prioritizing 11 categories of especially vulnerable refugees, including individuals who are affiliated with the U.S. Government and religious minorities, among others.

Iraqi refugees may gain access to this program through referrals from UNHCR, a U.S. Embassy, or certain NGOs.  Iraqi applicants who worked for the U.S. government, a U.S. contractor, or a U.S.-based media organization or NGO, and their family members, can apply directly to the USRAP in Jordan, Egypt and Iraq without a UNHCR referral.  In addition, Iraqi applicants will be considered for resettlement if an eligible family member applies on their behalf in the United States.  The vast majority of cases processed so far by the USRAP have been referrals from UNHCR.

USCIS officers are interviewing Iraqi refugee applicants primarily in Jordan, Syria, Egypt, Turkey, Lebanon and Iraq.  Refugee processing in Iraq focuses on certain Iraqis who are associated with the U.S. and their family members.

Determining Eligibility for Refugees

Eligibility for refugee status is decided on a case-by-case basis.   A USCIS officer conducts a personal interview of the applicant designed to elicit information about the applicant’s admissibility and claim for refugee status.  During the interview, the officer confirms the basic biographical data of the applicant; verifies that the applicant was properly given access to the USRAP; determines whether the applicant has suffered past persecution or has a well-founded fear of future persecution on the basis of race, religion, nationality, membership in a particular social group, or political opinion in his or her home country; determines whether the applicant is admissible to the United States and whether he or she has been firmly resettled in another country; and assesses the credibility of the applicant.

Ensuring Security

We are committed to conducting the most rigorous screening in order to ensure that those being admitted through the refugee program are not seeking to harm the United States.   On May 29, 2007, DHS announced and implemented an Administration-coordinated, enhanced background and security check process for Iraqi refugees applying for resettlement in the United States.  No case is finally approved until results from all security checks have been received and analyzed.  The enhanced security checks do not impede the flow of genuine refugees to the United States, since this process runs concurrently with other out-processing steps.  On average, the total processing time for Iraqi cases is significantly less than for any other refugee group worldwide.

Procedures for Iraqi Citizens Currently in the U.S.

Iraqis currently in the United States who are not able to return to Iraq because they have been persecuted or fear that they will be persecuted on account of their race, religion, nationality, membership in a particular social group, or political opinion may apply for asylum with USCIS.  Information on the process of applying for asylum in the U.S. can be found on our website in the Related Links section of this page.

Procedures for Iraqi Citizens Living Outside of Iraq

Refugees and asylum seekers should seek to comply with all legal requirements of the country in which they are located, including registration with host governments if required.   In addition, all Iraqi asylum seekers located in third countries should register with the nearest UNHCR office.

UNHCR has the international mandate to provide protection and assistance to refugees and may be able to provide a protection document and possibly other assistance if needed. For a small number of extremely vulnerable individuals, this could include referral to the USRAP or another country’s resettlement program.   UNHCR will identify individuals for resettlement referral based on an assessment of their vulnerability at the time of registration.

In Jordan and Egypt, direct access to the USRAP is available to direct-hire employees of the U.S. Mission in Iraq and other Iraqis who worked for the U.S. Government or U.S. Government contractors, or for U.S.-based media organizations or NGOs and their family members.  Any Iraqi who has fled to Jordan or Egypt because of his/her association with the U.S. is encouraged to contact the International Organization for Migration (IOM) to receive guidance.  IOM can be reached in Jordan at AmmanInfoCenter@iom.int and Egypt at CairoInfoCenter@iom.int.

Procedures for Iraqi Citizens Currently in Iraq

In Iraq, direct access to the USRAP is available to direct-hire employees of the U.S. Mission in Iraq and other Iraqis who worked for the U.S. Government or U.S. Government contractors, or for U.S.-based media organizations or NGOs, and their family members.  Any Iraqi who believes he/she is at risk or has experienced serious harm as a result of association with the U.S. is encouraged to contact the International Organization for Migration (IOM) to receive guidance.  IOM can be reached in Iraq at BaghdadInfoCenter@iom.int.

For additional information, please visit the DOS/PRM website. A link can be found in the Related Links section of this page.

Special Immigrant Visas for Iraqis

Iraqi nationals who supported the U.S. Armed Forces or Chief of Mission authority as translators or interpreters, or Iraqi nationals who were or are employed by or on behalf of the U.S. Government in Iraq on or after March 20, 2003, for a period of at least one year may be eligible for Special Immigrant Visa (SIV) processing.  The SIV program is separate and distinct from the USRAP.  However, certain Iraqi SIV recipients are eligible for the same resettlement assistance, entitlement programs, and other benefits as refugees admitted under the refugee program.

Source: USCIS.gov

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