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DOS codifies "exceptional circumstances" criteria in adjudicating special immigrant visas for former U.S. government employees

  1. Original Date Announced

    June 16, 2020

    DOS publishes a final rule codifying Foreign Affairs Manual criteria to evaluate special immigrant visas for certain former U.S. government employees who "performed faithful service" for the U.S. abroad for at least 15 years. Specifically, the rule removes some previously used criteria and adds two new criteria: "[r]ecognition with a 'Foreign Service National of the Year' award, and disclosure of waste, fraud, abuse, or other issues that result in significant action against an offending party."

    [ID #991]

    DOS Modifies 'Exceptional Circumstances' Criteria for Special Immigrant Visas
  2. Effective Date

    December 16, 2020
  4. Biden Administration Action: Under Study

    November 15, 2021

    2021.11.15 30-Day Notice of Proposed Information Collection: Petition To Classify Special Immigrant Under INA 203(b)(4) as Employee or Former Employee of the U.S. Government Abroad

    This Biden administration policy considers the Trump-era policy identified in this entry.

    On November 15, 2021, DOS requested public comments related to data collection for those who would classify as Special Immigrants based on status as employee or former employee of the U.S. government abroad.

    View Document

Current Status

Fully in Effect
November 15, 2021
Acted on by Biden Administration

Original Trump Policy Status

Status: Final/Actual
Trump Administration Action: Rule
Agencies Affected: DOS

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