EES Policy No. 24-08-03

RE: New Foreign National Class of Admission Codes

Policy Memo

Contact Persons: Sarah VanStraaten, Angela Stinson, Sally Hargis

From:  Dr. Carla Whiteside-Hicks, Director, EES

KEESM Reference: 2140, 2142, 2143, 2146, 4120

Date:  08-01-24

Other: N/A

Primary DCF Areas Affected: EES

Where Posted on Web: http://content.dcf.ks.gov/ees/KEESM/
Policy Memo/policy_memo_list.htm

 

Note: This memo is to convey federal guidelines regarding documented non-citizenship status for these specific populations. All other eligibility factors derived from state and federal law are not affected.

On March 24, 2024, the Department of Homeland Security (DHS) announced a new law that provides immigrant visas to certain foreign national employees of the U.S. government serving abroad. A limited number of such visas are available each fiscal year.

This law applies to foreign nationals, their spouses and children who meet the following requirements:

  • The foreign nationals have been employed by the U.S. government abroad for at least 15 years and
  • The U.S. Department of State has found that awarding the visas is in the national interest.

The following Classes of Admission (COA) are associated with these special immigrant visas:

  • GV1: USG SIV Employee—2024 NDAA (Arrival);
  • GV2: Spouse of GV1 (Arrival);
  • GV3: Child of GV1 (Arrival);
  • GV6: USG SIV Employee—2024 NDAA (Adjustment);
  • GV7: Spouse of GV6 (Adjustment); and
  • GV8: Child of GV6 (Adjustment).

Individuals with these COAs are considered lawful permanent residents (LPRs) and may present the following documentation that includes a GV1, GV2, GV3, GV6, GV7, or GV8 COA:

  • Form I-551, Permanent Resident Card (Green Card);
  • Form I-94, Arrival/Departure Record with a Temporary I-551 Permanent Resident Stamp;
  • Foreign passport with a Temporary I-551 Permanent Resident Stamp; or
  • Foreign passport with a Temporary I-551 Machine Readable Immigrant Visa.

Each individual in a family applying for TANF or Food Assistance benefits should bring proof of immigration status. For Child Care Assistance, only the children applying to receive benefits are required to provide verification of immigration status.

See the links below for additional information:

https://www.uscis.gov/save/whats-new/new-special-immigrant-visa-classes-of-admission-coas-for-employees-of-the-us-government-abroad

S.1887-Grateful Act

(https://www.congress.gov/bill/118th-congress/senate-bill/1887#:~:text=Introduced%20in%20Senate%20(06%2F08%2F2023)&text=
Introduced%20in%20Senate%20(06%2F08%2F2023)&text=This%20bill%20makes%20
%20additional%20visas,by%20the%20U.S.%20government%20abroad)

SAVE must be run for this population as they are not considered U.S. Citizens. SAVE will provide an initial verification response of “Lawful Permanent Resident – Employment Authorized” for these COAs.

Please use the following workarounds and journal in KEES that this is a temporary process implemented until the necessary codes are added to the KEES system:

Workaround for Form I-94 (I-94 or I-94A):

  • USCIS document: Arrival/Departure Record (I-94, I-94A)
  • Section Code: No Section Code
  • I-94 Number / Admission Number: Enter the record number for I-94 or I-94A
  • Country of Citizenship: Enter as appears on provided document
  • Date of entry: Enter as appears on I-94 or I-94A
  • Initial SAVE status: Lawful Permanent Resident, Secondary SAVE status: Other
  • Non-Citizen Page: Client temporarily coded as refugee so the case can be processed, and benefits authorized

Workaround for Form I-551, Permanent Resident Card (Green Card) or Foreign Passport with a Temporary I-551 Permanent Resident Stamp or with a Temporary I-551 Machine Readable Immigrant Visa:

  • USCIS document: Machine Readable Immigrant Visa (with temporary I-551 language)
  • Passport Number: Enter as appears on provided document
  • Document/Passport Expiration Date: Enter as appears on provided document
  • Country of Citizenship: Country that participant is from
  • Alien Number: Enter as appears on provided document
  • Initial SAVE status: Lawful Permanent Resident, Secondary SAVE status: Other
  • Non-Citizen Page: Client temporarily coded as Lawful Permanent Resident so the case can be processed, and benefits authorized

Contact Sarah Van Straaten (FA), Sally Hargis (CC) or Angela Stinson (TANF) for any questions you may have.