Special Immigrant Visas
Special Immigrant Visas were originally created by the Refugee Crisis in Iraq Act (later PL 110-242) and intended to grant legal permanent resident status to Iraqi and Afghan translators. There is no “well-founded fear” provision in order to be eligible for this program. The National Defense Authorization Act of FY2008 broadened the definition of SIVs. To qualify for a SIV, an applicant must:
1. Be a national of Iraq
2. Have been employed by or on behalf of the U.S. government in Iraq on or after March 20, 2003 for an aggregate period of not less than one year
3. Have provided faithful and valuable service to the U.S. government, documented in a letter of recommendation from the employee’s supervisor
4. Have experienced or be experiencing an ongoing serious threat as a consequence of employment by the U.S. government
5. Be able to clear a background check and appropriate screening as determined by the DHS
6. Be otherwise eligible to receive an immigrant visa and admission to the United States for permanent residence
11 Center for American Progress | Operation Safe Haven Iraq 2009
The SIV program will allow 5,000 Iraqis per year to enter the United States over the next five years—25,000 total from FY2008 to FY2012. Immediate family, which includes spouses and children, are also eligible and they do not count toward the 25,000 cap. The SIV process circumvents and streamlines refugee processing. U.S. government agencies can directly refer Iraqis that have worked for them to the Department of Homeland Security and the U.S. State Department without needing referrals from a third party for the refugees. And DHS is authorized to grant legal permanent resident status.
