MAVNI Program – Citizenship Through the Military

The Military Accessions Vital to National Interest (MAVNI) is a small, exclusive program that allows foreign nationals to gain expedited citizenship in exchange for military service. Typically, all of the United States military branches require enlistees to be permanent residents of the United States, green card holders, but the MAVNI program allows certain non-immigrants with special health care and language skills to join the military and be eligible for U.S. citizenship without first obtaining a green card.

The program began as a pilot in 2009 and was amended in September of 2016 with additional security reviews and screenings. The additional security measures have effectively placed the MAVNI program on hold and have created uncertainty among future and current MAVNI enlistees about the program’s future.

Qualifications:

To qualify for the MAVNI program a foreign national, at the time of enlistment, must:

(1) Be a refugee, asylee, of temporary protected statutes, or be a member of one of the nonimmigrant categories (E, F, H, I, J, K, L, M, O, P, Q, R, S, T, TC, TD, TN, U, or V);

(2) Have been in one of the above valid status for at least two years, however, it does not have to be the same category as the one held at the time of enlistment;

3) Not have a single absence of more than 90 days from the U.S. during that two year period; and

(4) Be a healthcare professional or expert in key languages.

The MAVNI program is open to individuals who have been granted deferred action by the Department of Homeland Security pursuant to the Deferred Action for Childhood Arrivals (DACA) process. Their applications will be reviewed on a case-by-case basis.

  1. Special Skills

To qualify for the MAVNI program a foreign national must be a member of the health care profession or be an expert in a key language. A healthcare applicant must:

(1) Fill medical specialties where the service has a shortfall;

(2) Meet all qualification criteria required for their medical specialty, and the criteria for foreign-trained Defense Department medical personnel recruited under other authorities;

(3) Demonstrate proficiency in English; and

(4) Commit to at least three years of active duty, or six years in the Selected Reserve.

Applicants who are an expert in a key language must:

(1) Possess specific language and culture capabilities in a language critical to the United States Defense Department (full list of languages here);

(2) Demonstrate a language proficiency;

(3) Meet all existing enlistment eligibility criteria; and

(4) Enlist for at least four years of active duty.

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International Entrepreneur Rule

The Entrepreneur Rule that was set to go into effect on July 17, 2017, has been delayed until March 18, 2018, to allow the Department of Homeland Security (DHS) an opportunity to review the rule in light of President Trump’s Executive Order 13767, “Border Security and Immigration Enforcement Improvements.” 

President Trump’s Executive Order 13767 requires federal agencies to review any procedures for granting parole and change any procedure that proposes a threat to the United States’ security. In consideration, the DHS is taking comments from the public in consideration of whether the rule should be finalized.

Unfortunately, there is a possibility that the Entrepreneur Rule never goes into effect and because the DHS decides the rule proposes an unlawful security risk in light of Trump’s executive order.  

On July 17, 2017, the international entrepreneur rule will take effect, which permits the Secretary of Homeland Security to grant parole admission on a case-by-case basis to immigrant entrepreneurs who will increase job growth and provide a significant public benefit to the United States. The goal of the international entrepreneur rule is to allow The Department of Homeland Security (DHS) to improve start-up success by increasing and enhancing entrepreneurship, innovation, and job creation.

For a start-up to qualify it must have been founded in the last five years, must have been founded in the United States, and must demonstrate a substantial potential for growth. In addition, only three immigrant entrepreneurs may receive parole admission per company. Applicants are only eligible if their company meets the above criteria. While each applicant is reviewed on a case-by-case basis, the international entrepreneur rule established general criteria for the DHS to consider.

General Criteria

The applicant entrepreneur must demonstrate that he/she has significant ownership of the company, at least 10%, possesses critical operational knowledge that would assist growth in the United States, and the company has received a large financial investment. To demonstrate financial liquidity the applicant’s start-up have received investments of $250,000 or more from U.S. investors or have received $100,000 or more in government grants.

If an applicant does not meet one of the above requirements, he/she may still be considered for parole admission if the entrepreneur can demonstrate his/her company will offer a significant public benefit. For example, the start-up will create jobs in the United States.

The DHS reviews all parole admission in the totality of the circumstances – in light of all the applicant’s information is there reasonable certainty the applicant will provide the United States with a significant public benefit. Included in the totality of circumstances are general immigration requirements, i.e. background check, possessing good moral character, passing medical examination.

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