Employment as a Civil Servant in Afghanistan

On June 8, 2022, the secretaries of homeland security and state, in consultation with each other and the attorney general, authorized an exemption from certain terrorism-related inadmissibility grounds for certain applicants who were employed as civil servants in Afghanistan under the Taliban, specifically, at any time from Sept. 27, 1996, through Dec. 21, 2001, or on or after Aug. 15, 2021. This exemption supersedes a similar exercise of authority issued on Jan. 18, 2017, and expands the covered time period to include the period on or after Aug. 15, 2021.

Many individuals who worked in civil service positions in Afghanistan before Sept. 27, 1996, continued to do so after that date. Many did so under duress or other situations of hardship. In other instances, individuals used their positions in humanitarian capacities to mitigate the repressive actions of the Taliban regime, often at great personal risk. Some of these civil servants subsequently worked for, or gave assistance to, the International Security Assistance Force, the U.S. government, or the Afghan government that was established on Dec. 22, 2001. Some individuals continued providing essential government services even after the collapse of the Kabul government on Aug. 15, 2021. This exemption allows discretion to address these in individual adjudications, and to fulfill the United States’ humanitarian obligations while ensuring the security and integrity of its immigration system.

For more information on this exemption, please see:

• 2022 Exercise of Authority (Afghan Civil Servants) (PDF, 1.04 MB)
• August 10, 2022, USCIS Policy Memorandum, Implementation of the Discretionary Exemption Authority Under Immigration and Nationality Act (INA) § 212(d)(3)(B)(i) for Afghan Civil Servants (PDF, 300.2 KB)

Individuals engaging in resistance activities in promotion of U.S. interests

On June 8, 2022, the secretaries of homeland security and state, in consultation with each other and the attorney general, authorized an exemption to certain terrorism-related inadmissibility grounds for Afghan allies who supported U.S. interests or participated in the resistance movement against the Taliban and other affiliated organizations, or against the Soviet occupation of Afghanistan

U.S. government involvement in Afghan affairs has always relied closely on the participation of Afghan nationals aligned with the U.S. government’s goals in the region. From the time of the resistance to Soviet aggression, through the struggle against the rule of the oppressive Taliban regime that enabled the 9/11 attacks against the United States, and during the efforts of the last 20 years to install a stable, democratic government in the face of a growing insurgency, U.S. policy and U.S. interests have depended on the brave sacrifices of ordinary Afghan citizens.

This exemption allows discretion to address these issues in individual adjudications, and to fulfill the United States’ humanitarian obligations while ensuring the security and integrity of its immigration system.

For more information on this exemption, please see:

• 2022 Exercise of Authority (Afghan Allies) (PDF, 1.75 MB)
• August 10, 2022, USCIS Policy Memorandum, Implementation of the Discretionary Exemption Authority Under Immigration and Nationality Act (INA) § 212(d)(3)(B)(i) for Afghan Allies (PDF, 349.3 KB)

Exemptions may be granted for applicants who provided material support under duress to designated or undesignated terrorist organizations, which at minimum requires that the material support was provided in response to a reasonably-perceived threat of serious harm. An example of material support under duress could include providing money or a service (such as transporting fighters and supplies) to a rebel group when threatened at gunpoint to comply with such a demand.

For more information on the Exemption for Providing Material Support to an Undesignated Terrorist Organization, please see:

• February 26, 2007 Exercise of Authority (Material Support Under Duress-Undesignated Groups) (PDF, 112.94 KB)
• May 24, 2007 USCIS Implementation Memorandum, Processing the Discretionary Exemption to the Inadmissibility Ground for Providing Material Support to Certain Terrorist Organizations (PDF, 513.54 KB)

For more information on the Exemption for Providing Material Support to a Designated Terrorist Organization, please see:

• April 27, 2007 Exercise of Authority (Material Support Under Duress-Designated Groups) (PDF, 1.6 MB)
• May 24, 2007 USCIS Implementation Memorandum, Processing the Discretionary Exemption to the Inadmissibility Ground for Providing Material Support to Certain Terrorist Organizations (PDF, 515.21 KB)

Effective January 7, 2011, the secretary of homeland security, in consultation with the secretary of state and the attorney general, exercised her discretionary authority not to apply an inadmissibility ground to certain applicants who, under duress, solicited funds or members for a terrorist organization.

For more information on this exemption, please see:

• January 7, 2011 Exercise of Authority (Solicitation Under Duress) (PDF, 1.8 MB)
• February 23, 2011 USCIS Implementation Memo, Implementation of New Discretionary Exemption Under INA Section 212(d)(3)(B)(i) For Solicitation of Funds or Members Under Duress (PDF, 1.9 MB)

Effective January 7, 2011, the secretary of homeland security, in consultation with the secretary of state and the attorney general, exercised her discretionary authority not to apply an inadmissibility ground to certain applicants who, under duress, received military-type training from, or on behalf of, a terrorist organization.

For more information on this exemption, please see:

• January 7, 2011 Exercise of Authority (Military-Type Training Under Duress) (PDF, 2.02 MB)
• February 23, 2011 USCIS Implementation Memo, Implementation of New Discretionary Exemption Under INA Section 212(d)(3)(B)(i) For Receipt of Military-Type Training Under Duress (PDF, 2.1 MB)

Effective October 13, 2011, the secretary of homeland security, in consultation with the secretary of state and the attorney general, authorized an exemption for certain applicants who provided medical care to individuals that the applicant knew, or reasonably should have known, committed or planned to commit a terrorist activity, or to members of a terrorist organization as described in INA Section 212(a)(3)(B)(vi). An example of the provision of medical care could include providing services in the capacity of a medical professional to members of a terrorist organization.

For more information on this exemption, please see:

• October 13, 2011 Exercise of Authority (Voluntary Provision of Medical Care) (PDF, 1.69 MB)
• November 20, 2011, USCIS Implementation Memo, Implementation of New Discretionary Exemption Under INA Section 212(d)(3)(B)(i) For the Provision of Material Support in the Form of Medical Care (PDF, 1.76 MB)

On Aug. 10, 2012, following consultation with the secretary of state and the attorney general, the secretary of homeland security exercised her discretionary authority not to apply paragraphs (iv)(IV), (iv)(V), (iv)(VI), and (i)(VIII) of section 212(a)(3)(B) of the INA, 8 U.S.C. § 1182(a)(3)(B), to certain qualified noncitizen with existing immigration benefits, other than a nonimmigrant visa, who are currently inadmissible under applicable subsections of INA section 212(a)(3)(B)(i) due to prior associations with undesignated (Tier III) terrorist organizations. Specifically, the exercise of authority permits exemption of the following activities:

• Soliciting funds or other things of value for;
• Soliciting any individuals for membership in;
• Providing material support to; or
• Receiving military-type training from, or on behalf of, a qualified Tier III terrorist organization

For more information on this exemption, please see:

• Aug. 17, 2012, Exercise of Authority (Limited General Exemption)
• Sept. 26, 2012, Implementation of New “Limited General” Discretionary Exemption Under Immigration and Nationality Act (INA) Section 212(d)(3)(B)(i) for Qualified Applicants with Specified Associations and Activities with Qualified Undesignated, or “Tier III,” Terrorist Organizations (PDF, 322.43 KB)

On August 17, 2012, the secretary of homeland security, in consultation with the secretary of state and the attorney general, exercised her discretionary authority not to apply most terrorism-related inadmissibility grounds to certain applicants who participated in the Iraqi uprisings against the government of Saddam Hussein in Iraq from March 1 through April 5, 1991.

For more information on this exemption, please see:

• August 17, 2012 Exercise of Authority (Iraqi Uprising) (PDF, 190.9 KB)
• November 12, 2012, USCIS Implementation Memo, Implementation of New Exemption Under INA Section 212(d)(3)(B)(i) For Participation in the Iraqi Uprisings (PDF, 277.65 KB)

On February 5, 2014, the secretaries of homeland security and state, in consultation with the attorney general, exercised their discretionary authority not to apply the material support inadmissibility ground to certain applicants who provided certain limited material support to an undesignated terrorist organization, or to a member of such an organization. On June 8, 2022, this authority was extended to include certain limited material support to designated terrorist organizations or members of such organizations. Limited material support may include:

• Certain routine commercial transactions;
• Certain routine social transactions;
• Certain humanitarian assistance; and
• Material Support provided under substantial pressure that does not rise to the level of duress (“sub-duress pressure”).

For more information on this exemption, please see:

• 2022 Exercise of Authority (Certain Limited Material Support and Insignificant Material Support to Designated Organizations) (PDF, 1.03 MB)
• February 5, 2014, Exercise of Authority (Certain Limited Material Support to Undesignated Organizations)
• August 10, 2022, USCIS Policy Memorandum, Implementation of the Discretionary Exemption Authority Under Immigration and Nationality Act (INA) § 212(d)(3)(B)(i) for the Provision of Certain Limited or Insignificant Material Support to Designated Organizations (PDF, 351.47 KB)
• May 8, 2015, USCIS Policy Memorandum, Implementation of the Discretionary Exemption Authority under Section 212(d)(3)(B)(i) of the Immigration and Nationality Act for the Provision of Certain Limited Material Support (PDF, 354.95 KB)

On Feb. 5, 2014, the secretaries of homeland security and state, in consultation with the attorney general, exercised their discretionary authority not to apply the material support inadmissibility ground to applicants who provided insignificant material support to an undesignated terrorist organization, or to a member of such an organization. On June 8, 2022, this authority was extended, with additional limitations, to applicants who provided insignificant material support to designated terrorist organizations or to a member of such an organization.

For more information on this exemption, please see:

• 2022 Exercise of Authority (Certain Limited Material Support and Insignificant Material Support to Designated Organizations) (PDF, 1.03 MB)
• February 5, 2014, Exercise of Authority (Certain Limited Material Support to Undesignated Organizations)
• August 10, 2022, USCIS Policy Memorandum, Implementation of the Discretionary Exemption Authority Under Immigration and Nationality Act (INA) § 212(d)(3)(B)(i) for the Provision of Certain Limited or Insignificant Material Support to Designated Organizations (PDF, 351.47 KB)
• May 8, 2015, USCIS Policy Memorandum, Implementation of the Discretionary Exemption Authority under Section 212(d)(3)(B)(i) of the Immigration and Nationality Act for the Provision of Certain Limited Material Support (PDF, 354.95 KB)

• Terrorism-Related Inadmissibility Grounds (TRIG)
• Terrorism-Related Inadmissibility Grounds Exemptions
• Terrorism-Related Inadmissibility Grounds (TRIG) - Group-Based Exemptions