Special Immigrant Visa Category for Iraqi and Afghan Translators Posted Mar 02, 2007 ©MurthyDotCom Under the Employment-Based Fourth Preference (EB4) Category is the rather new special immigrant visa category for Iraqi and Afghan translators, created by the National Defense Authorization Act for Fiscal Year 2006. This category was first brought to the attention of our readers in our November 17, 2006 MurthyBulletin article, Report on December 2006 Visa Bulletin, available on MurthyDotCom. That was the first U.S. Department of State (DOS) Visa Bulletin which included this special category. ©MurthyDotCom Eligibility for EB4 Translator Category ©MurthyDotCom An applicant filing for special immigrant translator status must meet certain criteria. One must be a national of Iraq or Afghanistan who has worked directly with the U.S. Armed Forces as a translator for a period of at least 12 months. S/he also must have obtained a favorable written recommendation from a General or Flag Officer (Naval Admiral) in the chain of command of the U.S. Armed Forces unit that was supported by the translator. ©MurthyDotCom The individual must have cleared a background check and screening, as determined by a General or Flag Officer in the chain of command of the U.S. Armed Forces unit that was supported by the translator. S/he must also be otherwise eligible to receive an immigrant visa and be otherwise admissible to the United States for permanent residence. While the “public charge” provisions do not apply, it would seem that the valuable translation skills possessed would enable one filing under this category to support him/herself and any dependents in that, or another area of work for which s/he may be qualified. ©MurthyDotCom Numerical Limitation of 50 ©MurthyDotCom The U.S. Armed Forces unit acts as the advocate and petitioner on behalf the translator and his / her immediate family and assists them with the required evidence. The total number of principal foreign nationals who may receive special immigrant translator status during any fiscal year cannot exceed fifty (50). This number does not include the dependent family members. Therefore, there can be fifty primary beneficiaries plus their spouses and/or minor children. ©MurthyDotCom Quota Reached Early in FY2007 ©MurthyDotCom Regular readers of MurthyDotCom and the MurthyBulletin will recall that the fiscal year for the federal government begins on October 1st of the calendar year prior to the fiscal year. The numerical limitation for Fiscal Year (FY) 2007 was reached very near start of that fiscal year, in November of 2006. The USCIS announced that they continued to accept filings until November 17th, 2007, for the next available visa cycle, but have not yet announced how many of these petitions will be counted toward the numerical limitation for FY2008. Copyright © 2006, MURTHY LAW FIRM. All Rights Reserved
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