FOIA: SIV employment eligibility and the Chief of Mission process

IRAP filed a lawsuit to compel the release of U.S. Department of State policies and guidance regarding employment eligibility for Special Immigrant Visas (SIVs) and adjudication at the Chief of Mission (COM) stage.

Impact

COM is the first stage in the SIV process for Afghan and Iraqi nationals whose lives are at risk because of their work on behalf of the U.S. government. During this stage, the State Department’s COM evaluates whether an SIV applicant has shown that they hold or held qualifying employment to be eligible for an SIV. This lawsuit seeks to improve transparency around the COM process, as the State Department has published virtually no information about this critical step in the SIV application process.

Case status

This case resulted in the production of numerous Department of State policies relating to the adjudication of applications for COM approval, providing valuable information for advocates working with COM applicants and strengthening their advocacy efforts.

• June 19, 2020: Complaint is filed.

Weil, Gotshal & Manges LLP represented IRAP in this case.