• Currently F or M foreign students holding critical skills (physicians, nurses and certain experts in languages with associated cultural backgrounds) are eligible for application for naturalization without going through the permanent residence process. The program allows such nonimmigrant to enlist for at least four years of contractual Active duty as a language recruit, or a minimum of three years of Active duty or six years in the U.S. Army Reserve as a health care professional. The Military Occupational Specialties (MOS) positions available to recruits will be selected and will include only those positions that do not require a security clearance, unless and until a MAVNI recruit becomes a U.S. citizen and receives a clearance. Those who enlist are also subject to the standard requirement of eight years of service for all recruits. Persons who enlist under MAVNI will be fingerprinted and screened to ensure legal status in the United States. The nonimmigrant must also have been in valid status for at least two years, immediately prior to the enlistment date, but not necessarily in the same status category as the one held on the date of enlistment. The nonimmigrant must not have had any single absence from the United States of more than 90 days during this two year period. Enlistment can affect a nonimmigrant student’s SEVIS record. Nonimmigrant students who are unable to maintain their student status because of their enlistment should be aware that their SEVIS record will be terminated. Neither the enlistment nor the actual filing of the Form N-400, Application for Naturalization, will provide enlistees with any immigration status pending naturalization. However, it does allow the applicant to remain in the United States while the citizenship application is pending, as long as the applicant was in legal status at the time of filing.

• On November 12, 2009, the USICE issued a guidance for the DOS of schools for their handling of SEVP. Foreign students holding such critical skills who are interested in this program and the naturalization (citizenship) opportunity bypassing the green card requirement by enclisting in a U.S. military may read this guidance carefully.