This is a guide to finding contract Information required for the SIV Program, which is developed in Frequently Asked Questions (FAQ) format. In this guide, we address common queries and concerns about the finding contract Information required for the Afghan SIV Program, aiming to provide clarity and guidance to individuals navigating the complexities of the process. This information is based on the understanding of the "Beporsed" team from various sources and is not legal advice. This guide is updated on 5th February 2024. For legal guidance and advice, we recommend consulting official sources. The National Visa Center (NVC) requests contact information or a copy of the contract for Special Immigrant Visa (SIV) cases as part of the documentation process to verify eligibility for the visa. SIV applicants typically include individuals who have provided valuable services to the U.S. government or military in Afghanistan or Iraq and are seeking refuge in the United States due to threats or persecution.
Join us as we navigate the essential questions surrounding the finding contract Information required for the Afghan SIV Program, empowering individuals with knowledge and support on their journey to resettlement.
Why does the National Visa Center (NVC) request contract information or a copy of the contract for Special Immigrant Visa (SIV) cases?
The National Visa Center (NVC) requests contact information or a copy of the contract for Special Immigrant Visa (SIV) cases as part of the documentation process to verify eligibility for the visa. SIV applicants typically include individuals who have provided valuable services to the U.S. government or military in Afghanistan or Iraq and are seeking refuge in the United States due to threats or persecution.
The contract serves as evidence of the applicant's employment or service agreement with the U.S. government or military, confirming their eligibility for the SIV program. Additionally, the contract helps establish the nature of the applicant's work or service and its relation to the United States mission in the respective country.
Providing accurate and comprehensive contract information ensures a smooth and efficient processing of the SIV application, expediting the visa issuance process for eligible individuals and their families.
How do I find contract information for my SIV application?
If you are in need of contract information for your Special Immigrant Visa (SIV) application, consider the following techniques:
- Reach out to your former employer or supervisor and request a copy of the contract or subcontract that your company had with the U.S. government during your period of employment. They may be able to provide you with the necessary documentation.
- Access public databases like the Federal Procurement Data System (FPDS) and usaspending.gov, which contain records of U.S. government contracts. Search for contracts that align with the timeframe of your employment to obtain copies of relevant contracts.
- If your employer was a subcontractor, it's crucial to verify that the prime contractor had a contract with the U.S. government during your employment period. Provide evidence of the subcontract between the prime contractor and your employer to establish the link to government contracts.
- If you encounter challenges or uncertainties during the process of obtaining contract information, consider seeking guidance from immigration attorneys or organizations such as the International Refugee Assistance Project (IRAP). They can provide support and expertise to help navigate through the complexities of the SIV application process.
How Can I Find the Proof of U.S. Government Funding if my Employer was a Subcontractor?
Many Special Immigrant Visa (SIV) applicants have worked for employers who were subcontractors for another company, known as the prime contractor, which held a direct contract with the U.S. government. In such cases, it's crucial to provide evidence of the prime contractor's contract with the U.S. Government and proof of the subcontract between the prime contractor and your employer. To obtain this proof, follow these technics:
- Determine the name of the prime contractor your employer subcontracted with. This information may be available through your employer's records or by contacting former colleagues or supervisors.
- Utilize public databases or contact the prime contractor directly to obtain the contract number for their agreement with the U.S. Government.
- Once you have obtained the prime contractor contract number, submit this proof to the National Visa Center (NVC) as part of your SIV application.
- Additionally, gather evidence of the subcontract between the prime contractor and your employer. This could include a copy of the subcontract agreement or a letter from your employer confirming the subcontracting relationship. Your employer may also include the subcontract and main contract numbers in the HR letter provided for your SIV application.
I Worked for a Company with a Grant, Award, or Cooperative agreement. Am I Eligible for SIV?
It's important to note that working for a company that held a "grant, award, or cooperative agreement" with the U.S. Government does not typically qualify an applicant for a Special Immigrant Visa (SIV) under the Afghan Allies Protection Act.
If your employment letter states that your company had a grant, award, or cooperative agreement, you should search whether there were any additional contracts or subcontracts that your company operated under. If your employer had contracts or subcontracts with the U.S. Government, it's essential to include proof of those contracts in your SIV application.
However, if your employer solely had a grant, award, or cooperative agreement with the U.S. Government and did not hold any contracts or subcontracts, you may still have options. You may be eligible for the U.S. Afghan P-2 refugee program, which provides resettlement opportunities for Afghan nationals who do not qualify for SIVs but face significant threats due to their association with the U.S. government or military.
Is a cooperative agreement eligible for the Special Immigrant Visa (SIV) program?
No, Afghans employed by an organization under a U.S. grant or cooperative agreement are not eligible for the SIV program. Similarly, individuals employed by contractors or subcontractors to work at ISAF or a successor mission are also ineligible. If you are uncertain about your eligibility, we strongly advise you to consult with your HR department before applying for Chief of Mission approval.
The SIV program aims to provide lawful permanent residence to individuals who have served faithfully and valuably in support of the U.S. government or ISAF missions in Afghanistan. However, employment under a U.S. grant or cooperative agreement does not fall within the scope of eligible employment for the SIV program but is eligible for the U.S. Priority Two (P-2) program and maybe other resettlement programs.
If you believe you may qualify for the SIV program based on other criteria, such as employment directly by the U.S. government or ISAF in certain capacities, we encourage you to carefully review the eligibility requirements and seek guidance from relevant authorities.
What if I'm Uncertain About Whether My Company Had a Contract or Subcontract?
If you are uncertain about whether your company had a qualifying contract or subcontract with the U.S. Government, it's essential not to lose hope. You can still apply to the Chief of Mission (COM) with all of your employment information and the other required documents. By submitting a comprehensive application, you will receive a decision regarding your eligibility.
Additionally, it's advisable to reach out to your former employer for clarification. They may have records or insights that can help determine whether your employment was associated with a qualifying contract or subcontract. Asking your employer directly can provide valuable information to support your application.
Ensuring that you provide all relevant employment information and documentation will increase your chances of receiving a favorable decision from the COM. Don't hesitate to gather as much information as possible and submit a thorough application for consideration.
Why Do Applicants Employed by Contractors or Subcontractors on Behalf of the U.S. Government Qualify for the SIV Program, But Not Those Employed by Contractors or Subcontractors on Behalf of ISAF or Successor Missions?
The distinction in eligibility for the Special Immigrant Visa (SIV) program arises from specific legislative provisions outlined in the National Defense Authorization Acts (NDAA) for Fiscal Years (FY) 2015 and 2016.
- NDAA FY 2015, Section 1227: This legislation expanded the SIV program to include certain Afghans employed by the International Security Assistance Force (ISAF). However, the language in this provision was interpreted to encompass only direct hires by ISAF or ISAF member nations, excluding contractors or subcontractors affiliated with ISAF.
- NDAA FY 2016, Section 1216: Subsequent to the FY 2015 NDAA, section 1216 of the FY 2016 NDAA further broadened the scope of the SIV program to include Afghans employed by successor missions to ISAF. However, similar to the previous provision, the language in this section did not explicitly encompass contractors or subcontractors associated with these missions.
As a result of the specific wording and intent of these legislative provisions, eligibility for the SIV program is limited to individuals directly employed by ISAF or its member nations, as well as those employed by successor missions to ISAF. Contractors and subcontractors, while contributing to these efforts, do not fall within the defined scope of eligibility outlined in the relevant NDAA sections.
Will I Qualify for the Special Immigrant Visa (SIV) Program if I Transitioned from ISAF to Resolute Support Mission (RSM)?
If you have transitioned from employment with the International Security Assistance Force (ISAF) to the Resolute Support Mission (RSM), you may be eligible for the Special Immigrant Visa (SIV) program under specific conditions.
To qualify for the program, you must have accumulated at least one year of employment between October 7, 2001, and December 31, 2023, with ISAF or a successor mission, such as RSM. Your employment should involve duties that required you to serve as an interpreter or translator while accompanying U.S. military personnel stationed at ISAF or a successor mission, or to perform activities for U.S. military personnel stationed at these missions.
Given these criteria, if you meet the requisite duration and nature of employment with ISAF or RSM, you may be eligible to apply for the SIV program. It's crucial to carefully assess your employment history and duties to determine your eligibility accurately.
Ask for help from "Beporsed"
For those Afghans seeking specific information, "Beporsed" is here to help. You can reach our information center through WhatsApp (+93729807235), Facebook Messenger, or our website's Messenger to ask our online information desk officer for assistance.
For more information
For more information on immigration, resettlement, education and scholarship programs, and other opportunities available to Afghans worldwide, as well as details on the humanitarian services provided by international organizations in Afghanistan and procedures for obtaining civil documents from governmental institutions, please visit Beporsed's website and social media pages.
✓ Beporsed website (www.beporsed.org)