The Consolidated Appropriations Act, 2023: Bolstering the Afghan Special Immigrant Visa Program (SIV)

On December 29, 2022, the United States government took a significant step to honor its commitment to Afghan nationals who had supported U.S. military efforts in Afghanistan. The Consolidated Appropriations Act, 2023, was signed into law, bringing forth crucial amendments to the Afghan Special Immigrant Visa (SIV) program. This legislation authorized an additional 4,000 SIVs, bringing the total allocated since December 19, 2014, to 38,500. Moreover, the act extended the program through December 31, 2024, demonstrating the ongoing dedication to protecting and assisting Afghan principal applicants facing serious threats due to their employment with U.S. government entities.

The Afghan SIV program, established under Section 602(b) of the Afghan Allies Protection Act of 2009, serves as a vital avenue for Afghan nationals who meet specific criteria to obtain lawful permanent residence in the United States. The recent amendments made by the Consolidated Appropriations Act, 2023, highlight the nation’s continued commitment to those who have faithfully and valuably served alongside U.S. forces.

1. Increased Visa Allocation: The Consolidated Appropriations Act, 2023, added a commendable 4,000 additional Special Immigrant Visas (SIVs) for Afghan principal applicants. This increase brings the total number of visas allocated since December 19, 2014, to 38,500, demonstrating the U.S. commitment to supporting those who risked their lives in service to the American mission in Afghanistan.
2. Extended Program Duration: One of the most significant aspects of this legislative move is the extension of the SIV program through December 31, 2024. This extension recognizes the ongoing challenges faced by Afghan nationals and ensures that they have adequate time to apply for and receive the protection afforded by the SIV program.
3. Qualification Criteria: Section 602(b) of the Afghan Allies Protection Act of 2009 outlines the specific criteria for Afghan nationals to qualify for the SIV program. These criteria include having been employed in Afghanistan for a minimum of one year between October 7, 2001, and December 31, 2023, in service to the U.S. government or the ISAF. Applicants must have received positive documentation of their faithful and valuable service and must be experiencing an ongoing serious threat due to their employment.
4. Application Deadline: The legislation sets a clear deadline for eligible individuals to apply for the SIV program, requiring applications to be submitted no later than December 31, 2024. This provision ensures that all qualified applicants have an opportunity to seek refuge and protection under the SIV program.

The Consolidated Appropriations Act, 2023, stands as a testament to the United States’ unwavering commitment to the safety and well-being of Afghan nationals who have risked their lives in service to U.S. military efforts. By authorizing additional Special Immigrant Visas and extending the program, the government sends a clear message that the nation values and stands by those who have demonstrated loyalty and bravery in challenging circumstances. As the Department of State continues to issue SIVs under the amended legislation, it is hoped that the Afghan SIV program will serve as a model for acknowledging and protecting the contributions of allies in times of conflict.