February 24, 2009
Frances P. Rayer and Christopher R. Thorn
To alleviate chronic shortages of physicians, nurses and language
experts in the U.S. military, U.S. Secretary of Defense Robert Gates
has authorized a pilot program to temporarily recruit foreign nationals
living legally in the U.S. to enlist in the military without first
having to obtain lawful permanent residence. This marks the first time
in recent history that foreigners without permanent resident status
will be able to enlist. The limited pilot program aims to recruit up to
1,000 people and will end on December 31, 2009, or when the
1,000-person target has been reached, whichever comes first.
The
U.S. Army, which has been charged with recruiting 890 of the 1,000
allocated slots, started its recruitment campaign this week under the
"Military Accessions Vital to the National Interest" (MAVNI) program.
The Army will recruit for language experts in New York City, while
health care professionals will be recruited nationwide. In connection
with the MAVNI program, a new rule was published in the
Federal Register yesterday that explicitly provides work authorization for enlistees.
To
be eligible under the pilot program, the applicants must have lived
legally in the U.S. for at least two years as a refuugee, asylee, holder
of temporary protected status, or in one of the nonimmigrant visa
status categories, such as E, F, H, I, J, K, L, M, O, P, Q, R, S, T,
TC, TD, TN, U, or V. Applicants must also have been present in the U.S.
for most of those two years with single absences of no more than 90
days. By way of example, an L-2 or F-2 family member or an F-1 student
with the necessary medical or language skills can now enlist in the
U.S. military.
One of the significant advantages of enlisting
under MAVNI is that foreign nationals can apply for U.S. citizenship
immediately, without having to first obtain lawful permanent resident
status. Applicants are also exempt from the residency and physical
presence requirements that apply to other naturalization applicants.
The expedited citizenship provision should greatly benefit many foreign
nationals who will save the time and money associated with going
through the permanent residence process. J-1 visa holders subject to
the two-year foreign home residency requirement will also greatly
benefit under this provision, since they can naturalize without having
to first meet the home residency requirement. J-1 physicians are
typically subject to the two-year home residency requirement, so the
MAVNI program could be especially appealing to those doctors that
otherwise meet the eligibility criteria. Given that the U.S. military
has specifically targeted health care workers as part of its
recruitment efforts, the expedited citizenship provision could
certainly help them attract more enlistees.
The Army's MAVNI
recruits will have to pass an English test and score 50 or higher on
the Armed Forces Qualification Test (AFQT), which is a higher score
than is required for U.S. citizens. Enlistees will be fingerprinted and
screened for security clearance. Health care professionals are required
to make a commitment of three years of active duty or six years in the
Selected Reserve, while enlisted foreign language experts are required
to complete four years of active duty. MAVNI applicants who naturalize
and enlist for a three- or four-year active duty term must also
complete at least one or two years of honorable service in the
Individual Ready Reserve, or they may face revocation of their
citizenship.
The start of the recruitment program comes as
welcome news to the Army's recruitment centers around the country, as
well as to legal nonimmigrants in the U.S. who have previously been
unable to serve in the military. The program will provide necessary
medical, language and cultural expertise for our armed forces. It is
important to remember that this is a pilot program, and eligibility
requirements and other provisions are subject to change. It is expected
that the Navy and Marine Corps will also partake in the program at some
point in the future.
Foreign national doctors and nurses interested in the MAVNI program can visit the Army's website at
www.goarmy.com/info/mavni/healthcare, and persons with language skills can visit
www.goarmy.com/info/mavni.
We also encourage you to contact any of our immigration attorneys for
more information about the program and whether you or one of your
family members might be eligible to enlist.
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