Laid-Off USAID Foreign Employees Eye Applying for Special Immigrant Green Cards

As the Trump administration dismantles the U.S. Agency for International Development (USAID), foreign employees who were laid off from their jobs are now considering applying for Special Immigrant Green Cards. This pathway allows certain foreign nationals who have worked with the U.S. government to obtain permanent residency in the United States.

USAID employed a significant number of foreign workers in different countries. These employees served in various capacities, including administrative, technical, and advisory roles, often working in collaboration with U.S. government officials and local agencies. However, recent layoffs have left many of these foreign staff members uncertain about their futures.

“After being laid off, we received an email suggesting the option to apply for a Special Immigrant Visa. We are considering this option and will likely begin the process soon,” said a former foreign employee of USAID.

Under U.S. immigration law, foreign employees who have provided “faithful and valuable service” to the U.S. government for a specified period may be eligible for Special Immigrant Status through the employment-based fourth preference category.

“A former noncitizen employee of the U.S. government abroad seeking classification under INA 101(a)(27)(D) must establish that they are ‘honorably retired,’ as the term is used in the statute. An employee whose termination is a result of a reduction in force, separation due to age, voluntary retirement, or resignation for personal reasons can be considered ‘honorably retired.’ A noncitizen employee seeking classification under INA 101(a)(27)(D) must have performed faithfully in the position held. The principal officer has primary responsibility for determining whether the employee’s service meets this requirement. A record of disciplinary actions taken against the employee does not automatically disqualify them,” the U.S. Department of State’s Foreign Affairs Manual states.

For an applicant to acquire special immigrant status, their principal officer must recommend granting special immigrant status to the employee or honorably retired former employee based on exceptional circumstances. The Secretary of State must then approve the recommendation and determine that granting the status is in the national interest. By recommending an employee, the principal officer confirms that the employee has provided faithful service, according to the Foreign Affairs Manual.

The Foreign Affairs Manual further clarifies the qualifications: “The total employment period must equal at least 15 years of full-time service; however, the employee need not have worked full-time throughout the entire period. For example, if the employee worked full-time for 10 years and half-time for at least 10 more, the equivalent of 15 years of full-time employment would qualify the employee for consideration. The employee’s period of service need not have been continuous. For instance, if an employee worked for nine years, left for a period, and later returned to U.S. government service for six or more years, this would meet the 15-year requirement.”

“Based on the determinations described in the prior two steps, the employee may seek classification as a special immigrant by filing a Petition to Classify Special Immigrant under INA 203(b)(4) as an Employee or Former Employee of the U.S. Government Abroad (Form DS-1884 ) with the Department of State (DOS). USCIS plays no role in the adjudication of this petition,” the USCIS Policy Manual states.

USCIS clarifies, “A Form DS-1884  is valid for six months after it is approved. However, if a visa is unavailable at the time of approval, the petition remains valid for six months after a visa becomes available. In addition, DOS can extend the validity of the petition if it determines that an extension is in the national interest.”

The Foreign Affairs Manual further elaborates: “We recognize that the statutory numerical limit on the employment-based fourth preference category for special immigrants and the wait times for such visas may prompt concerns about securing an early priority date. Where a visa number is not immediately available based on the applicant’s priority date, the time limit on petition validity does not commence until a visa number becomes available. Principal officers may take this into account when submitting their recommendations.”

The priority date for a special immigrant international employee is the date on which the immigrant petition is filed with DOS. According to USCIS, the filing date of the petition is the date that a properly completed form and the required fee are accepted by a Foreign Service post.

The spouse or child (unmarried and under 21 years of age) of a special immigrant international employee may, if otherwise eligible, accompany or follow-to-join the principal applicant. The spouse and child may, as derivative applicants, apply to adjust status under the same immigrant category and priority date as the principal applicant, according to the USCIS Policy Manual.

According to the March visa bulletin issued by the U.S. Department of State’s Bureau of Consular Affairs, the final action date for the Special Immigrant Visa category is August 1, 2019, and USCIS is accepting this date for adjustment of status for applicants already in the U.S. However, for those still abroad, the filing date is February 1, 2021. These applicants cannot receive a visa interview unless their final action date is current, which is currently August 1, 2019.

The first visa bulletin under the Trump administration retrogressed the final action date from January 1, 2021  to August 1, 2019, further delaying visa processing. As a result, it currently takes approximately 4.5 years to obtain a visa in this category. For applicants already in the U.S., the wait time is even longer, as USCIS is using the final action date as the filing date for adjustment of status.

Additional reporting by Kishor Panthi from New York.