من یک نامه رد درخواست (Denial Letter) از COM دریافت کردم، چگونه در خصوص این تصمیم درخواست تجدیدنظر یا Appeal کنم؟-03.jpg

This guide is for Afghans who have received a denial letter from COM and want to appeal this decision.

The content of this guide is written by the International Refugee Assistance Project (IRAP) and is also available on IRAP's legal information website here. This website provides general information about legal processes available to some refugees. It is not meant as legal advice for individual applications. This information was revised in August 2023. Requirements may change. Always check for current requirements from the government or agency deciding your request.

"Beporsed" is privileged to publish this information with the explicit permission of IRAP, ensuring that Afghans seeking accurate and reliable guidance can access it conveniently.

Summary

This guide is for Afghans who:

  • Worked in Afghanistan for the U.S. government, a company with a U.S. government contract, or the International Security Assistance Force (ISAF) or a successor mission, and
  • Submitted an application for Chief of Mission (COM) approval to the National Visa Center (NVC) and
  • Received a denial letter from NVC denying their application for COM approval less than 120 days ago and
  • Want to appeal the denial.

You can appeal your COM denial within 120 days of the day that you received your COM denial letter from NVC. The date on your COM denial letter may be earlier than when NVC emailed you, but you have 120 days from when NVC sent you the denial letter. COM can also decide to accept an appeal after 120 days. 

If your COM application was denied, but more than 120 days have passed since you received your denial, you may submit a new COM application. See here for the Department of States list of the requirements for COM approval.

This guide is not for Afghans who

  • Were denied by the Department of State at the DS-260 visa application stage with a visa refusal letter or
  • Were denied refugee resettlement through the U.S. Refugee Admissions Program

About the COM denial letter

A COM denial letter is called a “Denial of Chief of Mission Application for Afghanistan Special Immigrant Visa Status.” NVC will email you the denial letter from the email address “AfghanSIVApplication@state.gov” or “CANVCAfghanSIVApplication@state.gov”. If you did not get a denial letter or you lost it, you should contact NVC to request it.

STEP 1: Review your denial letter and the reason that COM gave for denying your application. The denial letter has a check box that lists at least one reason why you were denied COM approval. The letter may have more information in a paragraph below. Find the box or boxes that were checked on your letter and read about what they mean below.

STEP 2: Once you understand the reason for the denial you should find any new evidence that could help you overcome the denial. New evidence is not required if you think that COM made an error in your application. However, if you can find new evidence that may overcome the reason for the denial, you should include it.

STEP 3: Write your appeal. In your appeal:

  • Explain the new information you are including. Attach any new evidence, and explain why the evidence overcomes the reason for denial. 
  • If you think that COM made an error in your application, explain what the error was.

STEP 4: After you have written your appeal, send your appeal by email AfghanSIVApplication@state.gov. Include your name, NVC case number, and date of birth.

The rest of this guide explains the different kinds of denial. It explains the information and evidence that could be helpful to challenge the denial. Click on the reason or reasons listed on your denial letter to learn more:

My denial letter says “Derogatory information associated with case”

My denial letter says “Insufficient length of employment”

My denial letter says “Lack of employment by or on behalf of USG/ISAF”

My denial letter says “Lack of sufficient documents to make a determination”

My denial letter says “Lack of faithful and valuable service”

My denial letter says “Derogatory information associated with case”

The Chief of Mission denied your application because it believes:

  1. You failed a U.S. government security check; or
  2. You did something wrong while working with the U.S. government or during the SIV application process.

The denial letter might explain that COM believes one of the following is true:

     1. You were “terminated for cause” or “terminated because of [reason].”

What does this mean?

COM believes you were fired from your job.

What evidence would be helpful for my appeal?

You must show that: 

  • You were not fired for failing to do your job or violating a company rule;
  • That you performed “faithful and valuable service” to the U.S. before leaving your job; or
  • That you were re-hired by a U.S. government entity and provided faithful and valuable service as part of the new job

Try to collect any of these forms of evidence:

  • New employment verification letter: If you were not fired or fired by mistake, ask your employer for a corrected letter.
    • First: Ask your former employer what their records say about why you left the company.
    • Second: If there is a mistake, give the company any proof you have. Ask them to fix the mistake.
    • Third: If the mistake cannot be fixed, ask your supervisor to ask your employer to fix the mistake.
    • Fourth: If your employer fixes the mistake, ask them for a new employment verification letter showing the correct reason for why you left the company.
  • New letter of recommendation: If you cannot get a new employment verification letter, ask your supervisor to write you a new letter of recommendation. This letter should:
  • Employment verification letter and letter of recommendation from any more recent employment by or on behalf of the United States

If you are in this situation, ask as many supervisors as possible to write letters of recommendation or letters of support.

2. You were “terminated for cause” or “terminated because of [reason]” and you failed a security screening.

What does this mean?

COM believes you were fired from your job because your employment records show that you failed a security screening.

What evidence would be helpful for my appeal?

A new letter of recommendation: Ask your former supervisor if they can write a letter explaining why your security fail was incorrect. They should also send this letter to your former employer stating that the fail was a mistake. They should also ask that your employer update its records in light of the supervisor’s explanation and support. Look here for IRAP’s guide on contacting employers and supervisors. The letter should also include the basic information COM requires for letters of recommendation.

  • Additionally, if you had a security screening failure with one company but were later employed with a second company and went through and passed security screenings at that company, you can include letters of recommendation explaining that in your appeal.

     3. You submitted “fraudulent” documents

What does this mean?

COM believes that you submitted at least one fake document with your COM application. Read your denial letter to see if COM says which document they think is fake.

If it does not say which document was fraudulent, review all of the documents that you submitted. You should check for anything unusual that could suggest that they are not authentic. If the denial letter says which document is fraudulent, you should review that document to see if it has anything unusual that could suggest that it is not authentic.

What evidence would be helpful for my appeal?

If you know which document COM thinks is fake, contact the person or office who wrote the letter or document. Ask them if they:

  • Were contacted by COM to verify the letter; and
  • Will write a new letter confirming 

Look here for IRAP’s guide on finding employers and supervisors. If you do not know which document COM thinks is fake, get a new letter from every person who wrote a letter that you submitted in your application. The new letters should also include the basic information required for recommendation and employment letters.

     4. You were found to be “ineligible for employment with the U.S. Embassy for security reasons.”

What does this mean?

COM believes that you applied to work with the U.S. Embassy and were not hired because you failed a security screening.

What evidence would be helpful for my appeal?

A new letter of recommendation: Ask your former supervisor if they can write a letter explaining why your security fail was incorrect. They should also send this letter to your former employer stating that the fail was a mistake. They should also ask that your employer update its records in light of the supervisor’s explanation and support. Look here for IRAP’s guide on contacting employers and supervisors. The letter should also include the basic information COM requires for letters of recommendation.

    • Additionally, if you had a security screening failure with one company but were later employed with a second company and went through and passed security screenings at that company, you can include letters of recommendation explaining that in your appeal.

My denial letter says “Insufficient length of employment”

You must show that you worked for at least one year. As of 2021, the law requires only one year of work. 

A law passed in 2021 reduces the required period of work from two years to one year. If your prior COM application was denied because you had “insufficient length of service,” you could now be eligible for COM approval. 

You now must prove that you were employed by or on behalf of the U.S. government or by the International Security Assistance Force (ISAF) or a successor mission for at least one year (12 months). If you received a denial, you could include this in your appeal:

“I previously submitted a COM application that was denied for insufficient length of service. The Afghan Allies protection Act, as amended by the Emergency Security Supplemental Appropriations Act of 2021 has lowered the necessary length of service from 2 years to 1 year. I believe that I am now eligible for COM approval and request such approval.”

You should submit a new application to COM if you appealed your denial and your appeal was denied because: 

  • You did not have enough qualifying work, or 
  • because you did not have proof of two years of work.

IRAP’s resources on submitting a new COM application may help you to submit an application.

If you already have a pending COM application, you do not need to take further steps at this time.

If you did not work for one full year, please read this guide about the U.S. government’s new refugee program for Afghans. 

Only if you were an interpreter or translator directly with the U.S. military: If you worked as an interpreter directly with the U.S. military for more than one year, you may qualify for a separate SIV program called the 1059 program. Details on how to apply for that program are here. 

The denial letter might explain that COM believes one of the following is true:

     1. You “do not have the required length of employment.”

What does this mean?

Applications filed after September 30, 2015 were required to show two years of work. This law changed in 2021, though. Applicants now only need to show one year of work.

     2. COM could not confirm that your work “consisted of full-time employment”

What does this mean?

While you may have been employed for the correct number of years, COM believes you only worked part-time. You must be working full-time for your employment to qualify.

     3. You did not work enough years at the same time your employer had the contract

Your denial letter might say something similar to: “Your employer submitted a number for a contract or subcontract with the U.S. government, period of performance of the given contract was from [date] to [date]. However, you were employed from [date] to [date] which gives you only [number] months of employment under a qualifying contract. Therefore, you do not have the required length of employment by or on behalf of the U.S. government or by the International Security Assistance Force (ISAF).”

What does this mean?

COM believes that your employer had a contract or subcontract with the U.S. government. COM also believes that you worked for your employer for the required number of years.

However, you must have worked at the same time that your employer had a contract or subcontract with the U.S. government.

What evidence would be helpful for my appeal if my denial letter lists one of these reasons?

  • New letters correcting any errors: Check the dates of your employment listed on all documents submitted with your COM application. See if there was a mistake. Contact the author of the document to correct it and write a new letter if there are any mistakes. Look here for guidance on contacting employers and supervisors. The letter should also include the basic required information for employment and recommendation letters.
  • Additional qualifying employment: If you worked for multiple companies or over multiple periods of time that add up to one or more years, you should submit a letter of recommendation and an employment verification letter from each of these employment periods.

    If you do not have enough employment, you have not met the requirements for COM approval. 
    • You can work with a qualifying employer for the remaining amount of time and then submit a new COM application. You can add periods of employment with different employers to meet the required length of employment.

     4. Your employer did not have a contract or subcontract with the U.S. government for the required length of time

Your denial letter might say something similar to: “Your employer had contracts or subcontracts with the U.S. government during the time of the applicant’s employment, but the contracts or subcontracts were for a cumulative period of [number] months only; therefore you do not meet the requirement for at least two years of faithful and valuable service to the U.S. government.”

What does this mean?

COM believes that your employer had a contract or subcontract with the U.S. government as required. However, the contract was not long enough or you only worked for part of the time during which your company had a contract.

You must have been employed at the same time that your employer had a contract or subcontract with the U.S. government for the required time.

What evidence would be helpful for my appeal?

  • Proof of the contract(s): If you believe this was a mistake, try to find proof of the contract(s) from your employer or supervisor. 
  • Additional qualifying employment: 
    • If the contract was not long enough, then you have not met the requirements for COM approval. 
    • If you worked for other U.S. employers and you have all the necessary evidence to apply for an SIV based on that employment, you can submit that information in your appeal. 
    • If you do not, you can work with the U.S. government for the remaining amount of time and then submit a new COM application. You can add periods of employment with different employers to meet the required length of employment.

My denial letter says “Lack of employment by or on behalf of USG/ISAF”

To qualify:

  • You must have worked for ISAF/RS, the U.S. government, or a company that had a U.S. government contract. 
  • COM must be able to verify your work. 
  • COM must be able to verify that the company you worked for had a contract with the U.S. government during the time you were employed. Look here on advice on obtaining proof of a contract.

The denial letter might explain that COM believes one of the following is true:

     1. COM “did not have evidence” or was unable to verify the provided “contract information in the U.S. government databases.”

What does this mean?

COM could not find a record of your employer’s contract with the U.S government. This does not mean that the contract does not exist.

 

What evidence would be helpful for my appeal?

Proof of contract: Look here for IRAP’s guide on finding proof of your contract. If you obtain a copy, also obtain a new HR letter correcting any errors in the first letter and submit it with your appeal. Look here for guidance on contacting employers and supervisors. The letter should also include the basic information required in an HR letter.

     2. You submitted a contract that was “not during the time of your employment.”

What does this mean?

COM believes that your employer had a contract or subcontract with the U.S. government, as required. However, the contract was not during the time you were employed. You must have been employed at the same time that your employer had a contract or subcontract with the U.S. government.

What evidence would be helpful for my appeal?

  • Proof of contract: If you believe this was a mistake, try obtaining a copy of the contract from your employer or supervisor and make sure it covers the time you were working. Look here for IRAP’s guide on finding proof of your contract. If you obtain a copy, also obtain a new HR letter correcting any errors in the first letter and submit it with your appeal. Look here for guidance on contacting employers and supervisors. The letter should also include the basic information required in an HR letter.
  • Additional qualifying employment: 
    • If your employment was not at the same time that your employer had a contract with the U.S. government, then your work does not meet the requirements for COM approval. 
    • If you worked for other U.S. affiliated employers and you have the necessary evidence to apply for an SIV based on that employment, including contract information, you can submit that information in your appeal. 
    • If you do not, you can find qualifying work for the remaining amount of time and then submit a new COM application. You can add periods of employment with different employers to meet the required length of employment.

   3. Type of work does not qualify for the SIV program because you did not work as an interpreter, translator, or performing sensitive and trusted activities.

IRAP’s guide is available here for people whose denial says that they did not work as an interpreter, translator, or performing sensitive and trusted activities. 

4.  Your employer worked under a grant, award, cooperative agreement, or license.

What does this mean?

Your company did not have the correct type of agreement with the U.S. government. For your work to qualify, employers must have a contract.

What evidence would be helpful for my appeal?

If you worked under a grant, award, or cooperative agreement, please read this guide about the U.S. government’s new refugee program for Afghans.

My denial letter says “Lack of sufficient documents to make a determination”

For a complete list of documents required for your COM application, click here. You must submit all of these documents, with all of the required information, to obtain COM approval.

This IRAP guide describes what your letter of recommendation and your employment verification letter must contain.

The denial letter might explain that:

     1. “You did not provide [document]”

In your appeal, you must provide the document listed in your denial. For a full list of documents you must submit, click here. If the denial says you are missing an employment verification letter or letter of recommendation, click here to see what each letter must contain.

     2. COM “could not confirm the authenticity or validity of your letter of recommendation”

What does this mean?

COM will contact your supervisors and employers to make sure that the letters you submitted are authentic and valid. You could have been denied because the author of the letter received but did not respond to COM’s request for confirmation, or the author of the letter did not receive COM’s request.

What evidence would be helpful for my appeal?

  • A new letter with up-to-date contact information:

Contact the person or office who wrote the letter or document. Ask them if they were contacted by COM from an “@state.gov” email address to verify the letter. They should check their spam folder and email archive. If they did not receive an email from COM, ask them if they can write a new letter. The new letter should include:

  • Confirmation that they wrote the letter or document submitted to COM and that the first letter is valid and authentic;
  • An explanation that they did not receive a request from COM to confirm the letter;
  • Confirmation that they are ready to be contacted to verify this letter; and
  • An email address that they regularly check.
  • The letter should also include the basic information required for that type of letter for COM approval.

Look here for guidance on contacting employers and supervisors. 

     3. Your letter of recommendation was incomplete.

What does this mean?

The letter of recommendation you submitted did not contain all of the required information.

What evidence would be helpful for my appeal?

Get a new letter of recommendation that contains all of the required information. See here for IRAP’s guide listing what your letter must contain.

Important note: Before Fall 2021, the State Department required that a U.S. citizen write or co-sign a letter of recommendation. The State Department has confirmed that there is currently no requirement that a letter of recommendation be written or signed by a U.S. citizen. The Foreign Affairs Manual says that it is “helpful” if the U.S. citizen responsible for a contract co-signs a letter by a supervisor who is not a U.S. citizen and affirms that they are confident the information is correct. However, this is not a requirement. If the National Visa Center requires that you submit a letter from a U.S. citizen supervisor, you can explain that this is no longer a requirement. If your application is delayed or denied on this basis, you can request assistance through IRAP’s COM denial assistance form here.

     4. “The format and style of your employment letter” made COM question whether it was fake, and they “were unable to confirm the validity of the document.”

What does this mean?

Based on formatting and style, COM believed that your employment verification letter written by the Human Resources department is fake.

What evidence would be helpful for my appeal?

Contact the person or office who wrote the letter or document. Ask them if they:

  1. were contacted by COM from an “@state.gov” email address to verify the letter; and
  2. can write a new letter confirming that they wrote the letter or document submitted to COM and that the first letter is valid and authentic. The letter should also include the basic required information for that type of letter.

Look here for guidance on contacting employers and supervisors.

     5. Your employment verification letter from the Human Resources department was incomplete, was not issued by HR, or was not intended to be used for an SIV.

What does this mean?

The employment letter you submitted did not contain all of the required information or was not issued by the proper office.

What evidence would be helpful for my appeal?

Get a new employment verification letter that contains all of the required information from the HR department. See here for IRAP’s guide of what your letter must contain. If your company worked on a contract, make sure the HR letter includes the contract number. See here for IRAP’s guide on how to provide proof of contracts.

Further, your employer can register their company with “Project Rabbit” as another way to verify your employment. You can find more information in this guide by scrolling down to the section about Project Rabbit.

What if my company no longer exists, does not have an HR department, or no longer has records relating to my employment?

If your company does not exist anymore or does not have any records, ask your direct supervisor or a more senior person in the organization to write a letter. This letter should be separate from the letter of recommendation. The letter should:

  • Explain that the company does not exist anymore or does not have any records.
  • List the start and end date of your employment.
  • List the reason for separation from the company if you no longer work there.
  • Include as much of the information listed above as possible for HR letter requirements.

You should also try to get as many letters from supervisors or more senior people as possible. These supervisors should list when they worked with you in their letters. This will help you prove as much qualifying employment as possible.

My denial letter says “Lack of faithful and valuable service”

The denial letter might explain that COM believes one of the following is true:

  1. There was derogatory information associated with your case.

  2. You were “terminated for cause” or “terminated because of [reason].”

What does this mean?

COM believes you were fired from your job.

What evidence would be helpful for my appeal?

You must show that:

  • you were not fired for failing to do your job or violating a company rule;
  • you performed “faithful and valuable service” to the U.S. before leaving your job; or
  • That you were re-hired by a U.S. government entity and provided faithful and valuable service as part of the new job.
  • New employment verification letter: If you were not fired or fired by mistake, ask your employer for a corrected letter. Here’s how:
    • First: Ask your former employer what their records say about why you left the company.
    • Second: If there is a mistake, give the company any proof you have and ask them to fix the mistake.
    • Third: If the mistake cannot be fixed, ask your supervisor or a more senior person in the organization to ask your employer to fix the mistake.
    • Fourth: If your employer fixes the mistake, ask them for a new employment verification letter showing the correct reason for why you left the company.
  • New letter of recommendation: If you cannot get a new employment verification letter, ask your supervisor a more senior person in the organization to write you a new letter of recommendation. This letter should:

If you are in this situation, ask as many supervisors as possible to write you letters of recommendation or letters of support.

     3. You submitted “fraudulent” documents.

What does this mean?

COM believes that you submitted at least one fake document with your COM application. Read your denial letter to see if COM says which document they think is fake.

If it does not say which document was fraudulent, review all of the documents that you submitted. You should check for anything unusual that could suggest that they are not authentic. If the denial letter says which document is fraudulent, you should review that document. See if it has anything unusual that could suggest that it is not authentic.

What evidence would be helpful for my appeal?

If you know which document COM thinks is fake, contact the person or office who wrote the letter or document. Ask them if they:

  • were contacted by COM to verify the letter; and
  • will write a new letter confirming:
    • That they wrote the original document submitted to COM and 
    • That the original letter is valid and authentic. The new letter should also include the basic required information for that kind of letter.

Look here for guidance on finding employers and supervisors. If you do not know which document COM thinks is fake, get a new letter from every person who wrote a letter that you submitted in your application. The new letters should also include the basic required information for that kind of letter.

     4. You were found to be “ineligible for employment with the U.S. Embassy for security reasons.”

What does this mean?

COM believes that you applied to work with the U.S. Embassy and were not hired because you failed a security screening.

What evidence would be helpful for my appeal?

A new letter of recommendation: Ask your former supervisor if they can write a letter explaining why your security fail was incorrect. They should also send this letter to your former employer stating that the fail was a mistake. They should also ask that your employment record be updated in light of the supervisor’s explanation and support. Look here for guidance on finding employers and supervisors. The letter should also include the basic required information for that kind of letter.

    • Additionally, if you had a security screening failure with one company but were later employed with a second company and went through and passed security screenings at that company, you can include letters of recommendation explaining that in your appeal.

     5. You worked with IMS

IMS cases should receive further review from NVC. If you worked with IMS and received a COM denial stating that your employment does not qualify, email NVC to request further review by a supervisor. IRAP identified several contracts between the U.S. government and IMS.

Asking for help

You or your relative may want to ask an immigration attorney for help with this process. Here are a few resources:

Request help from IRAP using this webform, which will open on the first day of every month at 6:30 pm Kabul time and will close when we have received the maximum number of requests for assistance that we can accept for that month.

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