Petition for Amerasian, Widow(er) or Special Immigrant - Iraqi & Afghan Petitioners

Petition for Amerasian, Widow(er) or Special Immigrant

I360-INS-WIP-2016 Fee Rule-83C-10062016

Petition for Amerasian, Widow(er) or Special Immigrant - Iraqi & Afghan Petitioners

OMB: 1615-0020

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Instructions for Petition for Amerasian, Widow(er),
or Special Immigrant
Department of Homeland Security
U.S. Citizenship and Immigration Services

USCIS
Form I-360

OMB No. 1615-0020
Expires 03/31/2018

What Is the Purpose of Form I-360?
This petition is used to classify an alien as:
1.	 An Amerasian;
2.	 A Widow or Widower of a U.S. citizen;
3.	 Special immigrants are defined below. These special immigrants may also use this form for EB-4 Fourth Preference:
A.	 Special Immigrant Juvenile;
B.	 Religious Worker;
C.	 Panama Canal Company Employee, Canal Zone Government Employee, U.S. Government in the Canal Zone
Employee;
D.	 Physician;
E.	 G-4 International Organization Employee or Family Member or NATO-6 Employee or Family Member;
F.	 U.S. Armed Forces Member;

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G.	 Afghanistan or Iraq National who worked with the U.S. Armed Forces as a translator;
H.	 Iraq National who worked for or on behalf of the U.S. Government in Iraq;

I.	 Afghanistan National who worked for or on behalf of the U.S. Government or the International Security
Assistance Force (ISAF) in Afghanistan;

J.	 An abused spouse or child of a U.S. citizen or lawful permanent resident, or an abused parent of a U.S. citizen son
or daughter pursuant to the Violence Against Women Act (VAWA);
K.	 Broadcasters; or
L.	 Other classifications not listed above may be eligible to use Form I-360. Please check www.uscis.gov/i-360 for
updates.

Who May File Form I-360?
Amerasian
If you are 18 years of age or older, you may file this petition for a beneficiary (including yourself) who was born in Korea,
Vietnam, Laos, Kampuchea, or Thailand after December 31, 1950, and before October 22, 1982, and was fathered by a
U.S. citizen. A U.S. corporation may also file this petition for a beneficiary.
You must file the petition with:
1.	 Copies of evidence showing that the beneficiary was born in one of the above countries between those dates. If the
beneficiary was born in Vietnam, you must also submit a copy of his or her Vietnamese identification card, or an
affidavit explaining why it is not available;

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2.	 Copies of evidence establishing the parentage of the beneficiary, and that the beneficiary’s biological father was a U.S.
citizen. Examples of documents that you may submit are: birth or baptismal records or other religious documents;
local civil records; an affidavit, correspondence, or evidence of financial support from the father; photographs of the
father (especially with the child); or, absent other documents, affidavits from knowledgeable witnesses that detail the
parentage of the child and how they know such facts;
3.	 Photograph of the beneficiary; and
4.	 If the beneficiary is married, a copy of the marriage certificate and proof of the termination of any prior marriages.
The sponsorship documents noted below are also required. You may file these documents with the petition or wait until
U.S. Citizenship and Immigration Services (USCIS) reviews the petition and requests them. However, not filing them
with the petition will add to the overall processing time.
1.	 Form I-361, Affidavit of Financial Support and Intent to Petition for Legal Custody of Public Law 97-359 Amerasian,
executed by the sponsor with the evidence of financial ability required by that form. Note that the original sponsor
remains financially responsible for the Amerasian if any subsequent sponsor fails in this area.
2.	 Copies of evidence showing that the sponsor is at least 21 years of age and is a U.S. citizen or lawful permanent
resident.

Widow or Widower of a U.S. Citizen
You may file this petition for yourself if:

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1.	 You were married to a U.S. citizen who is now deceased and who was a U.S. citizen at the time of death;
2.	 Your U.S. citizen spouse died less than two years before the date on which you filed this petition;
3.	 You were not legally separated from your U.S. citizen spouse at the time of his or her death; and
4.	 You have not remarried.

NOTE: If your U.S. citizen spouse filed Form I-130 for you before his or her death, and it was approved or still
pending, you do not need to file this petition. Under 8 CFR 204.2(i)(1)(iv), your U.S. citizen spouse’s Form I-130 was
converted to a widow(er)’s Form I-360 when your U.S. citizen spouse died.
You must file the petition with:
1.	 A copy of your marriage certificate to the U.S. citizen and proof of termination of any prior marriages for either of
you;
2.	 Copies of evidence that your spouse was a U.S. citizen, such as a birth certificate, if he or she was born in the United
States or a Naturalization Certificate or Certificate of Citizenship issued by USCIS; Form FS-240, Report of Birth
Abroad of a Citizen of the United States; or a U.S. passport that was valid at the time of the citizen’s death; and
3.	 A copy of the death certificate of your U.S. citizen spouse.

Special Immigrant Juvenile
You may file this petition for a beneficiary (including yourself) who:
1.	 Is present in the United States;
2.	 Is unmarried and less than 21 years of age;
3.	 Has been declared dependent upon a juvenile court in the United States, or who such a court has legally committed
to or placed under the custody of an agency or department of a state, or an individual or entity appointed by a state or
juvenile court;

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4.	 Has been the subject of a determination by a juvenile court in the United States that reunification with one or both of
the juvenile’s parents is not viable due to abuse, neglect, abandonment, or a similar basis under state law; and
5.	 Has been the subject of administrative or judicial proceedings that determined that it would not be in the juvenile’s
best interest to be returned to the juvenile’s or his or her parent’s country of citizenship or nationality or last habitual
residence.
The petition must be filed with:
1.	 A copy of the juvenile’s birth certificate or other evidence of his or her age;
2.	 A copy of the court or administrative documents that establishes eligibility for this classification, including the specific
findings of fact or other relevant evidence, which establishes the findings; and
3.	 Written consent from the U.S. Department of Health and Human Services (HHS) if the juvenile is in the custody of
HHS and the juvenile court order altered the juvenile’s HHS custody status or placement.
NOTE: After a special immigrant juvenile becomes a lawful permanent resident, his or her natural or prior adoptive
parents may NOT receive any immigration benefit based on their relationship to the juvenile.

Special Immigrant Religious Worker
A U.S. employer may file this petition for a beneficiary who seeks to enter the United States to be employed full time
by a bona fide nonprofit religious organization in the United States (or a bona fide organization that is affiliated with the
religious denomination in the United States) to work:

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1.	 Solely as a minister of that religious denomination;

2.	 In a religious vocation either in a professional or non-professional capacity; or
3.	 In a religious occupation either in a professional or non-professional capacity.
The beneficiary may file this petition on his or her own behalf.
To qualify, the beneficiary must have been:

1.	 A member of a religious denomination that has a bona fide nonprofit religious organization in the United States for at
least the two years immediately preceding the filing of the petition; and
2.	 Working continuously, after turning 14 years of age, in one of the positions described above, either abroad or in the
United States, for at least two years immediately preceding the filing of the petition.
NOTE: All religious workers, other than ministers, immigrating to the United States as special immigrant religious
workers must immigrate or adjust to lawful permanent resident status before the established sunset (expiration) date.
Statutory amendments may extend this date. USCIS will provide information on its website at www.uscis.gov/workingunited-states/permanent-workers/employment-based-immigration-fourth-preference-eb-4/religious-workers/
special-immigrant-religious-workers if the date is extended.
You must file the petition with evidence relating to the petitioning organization, including;
1.	 A currently valid determination letter from the Internal Revenue Service (IRS) establishing that the organization is a
tax exempt organization;
2.	 For a religious organization that is recognized as tax exempt under a group tax exemption, a currently valid
determination letter from the IRS establishing that the group is tax-exempt;
3.	 For a bona fide organization that is affiliated with the religious denomination, if the organization was granted taxexempt status under section 501(c)(3) of the Internal Revenue Code of 1986, or subsequent amendment or equivalent
sections of prior enactments of the Internal Revenue Code, as something other than a religious organization,
including:
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A.	 A currently valid determination letter from the IRS establishing that the organization is a tax-exempt organization;
B.	 Documentation that establishes the religious nature and purpose of the organization, such as a copy of the
organizing instrument that specifies the purposes of the organization;
C.	 Organizational literature, such as books, articles, brochures, calendars, flyers, and other literature describing the
religious purpose and nature of the activities of the organization; and
D.	 A religious Denomination Certification (part of Form I-360) completed, signed, and dated by the religious
organization certifying that the petitioning organization is affiliated with the religious denomination;
4.	 An employer Attestation (part of Form I-360) and certification completed, signed, and dated by an authorized official
of the prospective employer of the beneficiary seeking religious worker status;
5.	 Verifiable evidence of how the prospective employer intends to compensate the beneficiary, including salaried or nonsalaried compensation;
6.	 Evidence that the beneficiary has been a member of the religious denomination during at least the two years
immediately preceding the petition;
7.	 Evidence to establish that the beneficiary has been working continuously, after turning 14 years of age, in one of
the positions listed above, either abroad or in the United States, for at least the two years immediately preceding the
petition; and
8.	 Evidence to establish the beneficiary is qualified to perform the duties of the offered position.

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Special Immigrant Based on Employment With the Panama Canal Company, Canal Zone Government, or
U.S. Government in the Canal Zone
You may file this petition for a beneficiary who, at the time the Panama Canal Treaty of 1977 entered into force, was:
1.	 A resident in the Canal Zone and had been employed by the Panama Canal Company or Canal Zone Government for
at least one year;
2.	 A Panamanian national and either honorably retired from U.S. Government employment in the Canal Zone with a
total of 15 or more years of faithful service; or
3.	 Employed for 15 years and honorably retired or was an employee of the Panama Canal Company or Canal Zone
Government, had performed faithful service for 5 years or more as an employee, and whose personal safety, or
the personal safety of his or her spouse or child, is in danger as a direct result of the special nature of his or her
employment and as a direct result of the Treaty.
You must file the petition with:
1.	 A letter from the Panama Canal Company, Canal Zone Government, or U.S. Government agency employing the
beneficiary in the Canal Zone, indicating the length and circumstances of employment and any retirement or
termination; and
2.	 Copies of evidence to establish any claim of danger to personal safety.

Special Immigrant Physician
You may file this petition for a beneficiary who:
1.	 Graduated from a medical school or is qualified to practice medicine in a foreign state;
2.	 Was fully and permanently licensed to practice medicine in the United States on January 9, 1978, and was practicing
medicine in a U.S. state on that date;

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3.	 Entered the United States as an H or J nonimmigrant before January 9, 1978; and
4.	 Has been continuously present in the United States and continuously engaged in the practice or study of medicine
since the date of such entry.
You must file the petition with:
1.	 Letters from the beneficiary’s employers detailing his or her employment since January 8, 1978, including the current
employment; and
2.	 Copies of relevant documents that demonstrate that the beneficiary meets all the above criteria.

Special Immigrant G-4 International Organization Employee or Family Member or NATO-6 Employee or
Family Member
You may be eligible to apply for classification as a special immigrant if you are a recently-retired, long-term G-4
nonimmigrant employee of a qualifying international organization entitled to enjoy privileges, exemptions, and
immunities under the International Organizations Immunities Act, a relative of such an employee, or a long-term civilian
employee of NATO (under the NATO-6 classification) or their relative. To determine if you are eligible, contact the
qualifying international organization, the employing NATO office, or your local USCIS office.You must file the petition
with:
1.	 A letter from the international organization demonstrating that it is a qualifying organization and explaining the
circumstances of qualifying employment and the immigration status held by the beneficiary; and

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2.	 For family members, copies of evidence documenting the familial relationship to the employee.

Armed Forces Member

You may file this petition for yourself if:

1.	 You have served honorably on active duty in the U.S. Armed Forces after October 15, 1978;

2.	 You originally lawfully enlisted outside the United States under a treaty or agreement in effect on October 1, 1991, for
a period or periods that total:
A.	 Twelve years, and you were never separated from such service except under honorable conditions; or
B.	 Six years, and you are now on active duty, and have reenlisted to incur a total active duty service obligation of at
least 12 years;
3.	 You are a national of an independent state that maintains a treaty or agreement allowing nationals of that state to enlist
in the U.S. Armed Forces each year; and
4.	 The executive department under which you have served or are serving has recommended you for this special
immigrant status.
You must file the petition with:
1.	 Certified proof, issued by the authorizing official of the executive department in which you are serving or have served,
that you have the required honorable active duty service and/or commitment; and
2.	 Your birth certificate.

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VAWA Self-Petitioning Spouse or Child of a U.S. Citizen or Lawful Permanent Resident or a VAWA Self-Petitioning Parent of U.S. Citizen Son or Daughter
Alternate and/or Safe Address. If you do not feel safe in receiving correspondence regarding this petition at your home
address, provide an alternate and/or safe mailing address in Part 1., Item Number 7. This address may be a post office
box, the address of a friend, your attorney, a community-based organization that is helping you, or any other address
where you can safely and punctually receive mail. If an alternate and/or safe mailing address is not provided in Part 1.,
Item Number 7., USCIS may use the address of your preparer, if any.
If you are living abroad at the time of filing your petition, you may file the petition if:
1.	 The abuser is an employee of the U.S. Government;
2.	 The abuser is a member of the uniformed services; or
3.	 You were subjected to battery or extreme cruelty in the United States.
You may petition for immediate relative or family-sponsored immigrant classification for yourself (also known as a selfpetition) if you:
1.	 Have a qualifying relationship with an abusive U.S. citizen or lawful permanent resident;
A.	 Are now or were the spouse of an abusive U.S. citizen or lawful permanent resident;
B.	 Are the child of an abusive U.S. citizen or lawful permanent resident; or
C.	 Are the parent of an abusive U.S. citizen son or daughter who is at least 21 years of age when filing this petition;

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2.	 Are eligible for immigrant classification based on that relationship;

3.	 Are now residing with or have resided with the U.S. citizen or lawful permanent resident abuser in the past;
4.	 Have been battered by or have been the subject of extreme cruelty perpetrated by:

A.	 Your U.S. citizen or lawful permanent resident spouse during the marriage, or you are the parent of a child who
has been battered by or has been the subject of extreme cruelty perpetrated by your abusive U.S. citizen or lawful
permanent resident spouse during your marriage;
B.	 Your U.S. citizen or lawful permanent resident parent while residing with that parent; or
C.	 Your U.S. citizen son or daughter;
5.	 Are a person of good moral character; and
6.	 Are a spouse, and entered into the marriage to the U.S. citizen or lawful permanent resident abuser in good faith.
NOTE: You may file a self-petition within two years of the date of the U.S. citizen abuser’s death, within two years of
the U.S. citizen or lawful permanent resident abuser’s loss of status as a result of an incident of domestic violence, or
within two years of the termination of the marriage to the U.S. citizen or lawful permanent resident abuser if there is a
connection between the termination of the marriage and the battery or extreme cruelty. For self-petitioning spouses, you
may remarry after USCIS approves your self-petition without affecting your eligibility to become a lawful permanent
resident or have grounds for revocation of the approved self-petition.
EVIDENCE. You may file your self-petition with any credible relevant evidence of your eligibility. The determination
of what evidence is credible and the weight to be given that evidence is within the sole discretion of USCIS; therefore,
you are encouraged to provide the following documentation:
1.	 Evidence of the abuser’s U.S. citizenship or lawful permanent resident status;
2.	 Marriage and divorce decrees, birth certificates, or other evidence of your legal relationship to the abuser;

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3.	 One or more documents showing that you and the abuser have resided together, such as employment records, utility
receipts, school records, hospital or medical records, birth certificates of children, mortgages, rental records, insurance
policies, or affidavits;
4.	 Evidence of the abuse, such as reports and affidavits from police, judges and other court officials, medical personnel,
school officials, clergy, social workers, and other social service agency personnel. If you have an order of protection,
or have taken other legal steps to end the abuse, you should submit copies of those court documents;
5.	 If you are 14 years of age or older, your affidavit of good moral character accompanied by a local police clearance,
state-issued criminal background check, or similar report from each locality or state in the United States or abroad
where you have resided for six or more months during the 3-year period immediately before the filing of your
self-petition; and
6.	 If you are a spouse, submit evidence showing your marriage was entered in good faith, such as proof that one
spouse has been listed as the other’s spouse on insurance policies, property leases, properly filed tax forms, or bank
statements. You may also submit your affidavit or affidavits of others who have knowledge of your courtship,
wedding ceremony, shared residence, and other life experiences, if available.
NOTE: A VAWA self-petitioning spouse or child of a U.S. citizen or lawful permanent resident, or a VAWA selfpetitioning parent of a U.S. citizen son or daughter, may submit any relevant credible evidence in place of the suggested
evidence.
Public Service Information
The National Domestic Violence Hotline provides information, crisis intervention, and referrals to local service
providers, including legal assistance organizations, to victims of domestic violence or anyone calling on their behalf at
1-800-799-7233. For TTY (deaf or hard of hearing) call: 1-800-787-3224.

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The Hotline services are available 24 hours a day, 7 days a week, toll-free from anywhere in the United States, Puerto
Rico, or the U.S. Virgin Islands. The staff and volunteers speak both English and Spanish and have access to translators in
139 languages.
Employment Authorization. If USCIS approves your self-petition and you currently reside in the United States, you
will also receive employment authorization. USCIS will issue your Employment Authorization Document (EAD) with
eligibility category (c)(31). Select “Yes” if you want USCIS to send you a (c)(31) EAD as evidence of that authorization.
Select “No” if you wish to request employment authorization separate from this self-petition (for example, an EAD with
eligibility category (c)(14) based on deferred action).

Afghanistan or Iraq National Supporting U.S. Armed Forces as a Translator
You may file this petition for yourself if:
1.	 You are a national of Afghanistan or Iraq;
2.	 You worked directly with the U.S. Armed Forces or the Chief of Mission as a translator for a period of at least
12 months;
3.	 You have obtained a favorable written recommendation from a general or flag officer in the chain of command of the
U.S. Armed Forces unit that you supported; and
4.	 Before filing this petition, you were cleared by a background check and screening, as determined by the Chief of
Mission or a general or flag officer in the chain of command of the U.S. Armed Forces unit that you supported.
The petition must be filed with:
1.	 A copy of your passport or birth certificate showing that you are a national of Afghanistan or Iraq;
2.	 A favorable written recommendation from the Chief of Mission or a general or flag officer in the chain of command of
the U.S. Armed Forces unit that you supported;
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3.	 Evidence you worked directly with the U.S. Armed Forces or under Chief of Mission authority, as a translator or
interpreter for a period of at least 12 months; and
4.	 Evidence that you cleared a background check and screening as determined by the Chief of Mission or a general or
flag officer in the chain of command of the U.S. Armed Forces unit that you supported.

Iraq National Who Was Employed by or on Behalf of the U.S. Government in Iraq
You may file this petition for yourself if:
1.	 You are a national of Iraq;
2.	 You have established to the satisfaction of the Chief of Mission, Embassy Baghdad, or the designee of the Chief of
Mission, that you were or are employed by or on behalf of the U.S. Government in Iraq between March 20, 2003 and
September 30, 2013, for a period of at least one year;
3.	 You have established to the satisfaction of the Chief of Mission, or the designee of the Chief of Mission, that
you provided faithful and valuable service to the U.S. Government. Your senior supervisor must submit a
recommendation to the U.S. Government or, if your senior supervisor has left the employer or left Iraq, either the
person who is currently occupying that position or someone in a more senior position with the employing entity;
4.	 You have established to the satisfaction of the Chief of Mission, or the designee of the Chief of Mission, that you have
experienced or are experiencing an ongoing serious threat as a consequence of being employed by or on behalf of the
U.S. Government;

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5.	 You have or will have cleared a background check and appropriate screening as determined by the Secretary of
Homeland Security; and

6.	 You are otherwise eligible to receive an immigrant visa and are admissible to the United States for permanent
residence, excluding the grounds of inadmissibility specified in section 212(a)(4) of the Immigration and Nationality
Act (INA).
You are entitled to claim status as a surviving spouse or child if you are also classifiable as a special immigrant
described in section 1244 of Public Law (Pub. L.) 110-181 if you are the spouse or child of a principal beneficiary
who had a petition approved by USCIS, but the petition was terminated after its approval due to the death of the
principal beneficiary.
You must file the petition with:
1.	 A copy of your passport, birth certificate, or national identification card showing that you are a national of Iraq. If the
document is in a foreign language, you must provide a certified English translation;
2.	 A positive recommendation from your senior supervisor or the person currently occupying that position, or a more
senior person if your senior supervisor has left the employer or has left Iraq, confirming employment of at least one
year between March 20, 2003 to September 30, 2013;
3.	 Proof of risk assessment conducted by the Chief of Mission or the designee of the Chief of Mission;
4.	 Proof of independent review conducted by the Chief of Mission or the designee of the Chief of Mission of records
maintained by the U.S. Government or hiring organization or entity to confirm employment and faithful and valuable
service to the U.S. Government; and
5.	 A copy of the front and back of your Form I-94 Arrival-Departure Record, if you are physically present in the United
States.

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Afghan National Who Was Employed by or on Behalf of the U.S. Government or the International Security
Assistance Force (ISAF) in Afghanistan
You may file this petition for yourself if:
1.	 You are a national of Afghanistan;
2.	 You have established to the satisfaction of the Chief of Mission, Embassy Kabul, or the designee of the Chief
of Mission that you were employed by or on behalf of the U.S. Government or ISAF in Afghanistan between October
7, 2001 and September 30, 2015, for a period not less than one year;
3.	 You have provided faithful and valuable service to the U.S. Government or ISAF. Your senior supervisor must submit
a recommendation to the U.S. Government or, if your senior supervisor has left the employer or left Afghanistan,
either the person who is currently occupying that position or someone in a more senior position with the employing
entity;
4.	 You have experienced or are experiencing an ongoing serious threat as a consequence of being employed by or on
behalf of the U.S. Government or ISAF;
5.	 You have or will have cleared a background check and appropriate screening as determined by the Secretary of
Homeland Security; and
6.	 You are otherwise eligible to receive an immigrant visa and are admissible to the United States for permanent
residence, excluding the grounds of inadmissibility specified in INA section 212(a)(4) (8 U.S.C. 1182(a)(4)).
You are entitled to apply for status of a surviving spouse or child if you are also classifiable as a special immigrant
described in Section 602(b) of Pub. L. 111-8 if you are the spouse or child of a principal beneficiary who had a
petition approved by USCIS, but the petition was terminated after its approval due to the death of the principal
beneficiary.

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You must file the petition with:

1.	 A copy of your passport, birth certificate, or national identification card showing that you are a national of
Afghanistan. If the document is in a foreign language, you must provide a certified English translation;

2.	 A positive recommendation from your senior supervisor or the person currently occupying that position, or a more
senior person if your senior supervisor has left the employer or has left Afghanistan, confirming employment of at
least one year between October 7, 2001 and September 30, 2015;
3.	 Approval of your submission of this petition from the appropriate Chief of Mission or the designee of the Chief of
Mission;
4.	 Proof of risk assessment conducted by the Chief of Mission or the designee of the Chief of Mission;
5.	 Proof of independent review conducted by the Chief of Mission or the designee of the Chief of Mission of records
maintained by the U.S. Government or ISAF, hiring organization, or entity to confirm employment and faithful and
valuable service to the U.S. Government or ISAF; and
6.	 A copy of the front and back of your Form I-94 Arrival-Departure Record, if you are physically present in the United
States.

Broadcasters
Under section 203(b)(4) of the INA, the International Broadcasting Bureau of the United States Broadcasting Board of
Governors (BBG), or a grantee of the BBG, may petition for a beneficiary (and the beneficiary’s accompanying spouse
and children) to work as a broadcaster for the BBG or a grantee of the BBG in the United States. For the purposes of this
section, the terms:
1.	 BBG grantee means Radio Free Asia, Inc. (RFA), Radio Free Europe/Radio Liberty, Inc. (RFE/RL), or the Middle
East Broadcasting Network (MBN); and
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2.	 Broadcaster means a reporter, writer, translator, editor, producer, or announcer for news broadcasts; hosts for news
broadcasts, news analysis, editorial and other broadcast features; or a news analysis specialist. The term broadcaster
does not include individuals performing purely technical or support services for the BBG or a BBG grantee.
All Form I-360 petitions submitted by the BBG or a BBG grantee on behalf of a beneficiary for a broadcaster position
with the BBG or BBG grantee must be accompanied by a signed and dated supplemental attestation that contains the
following information about the beneficiary:
1.	 The job title and a full description of the job to be performed; and
2.	 The broadcasting expertise held by the beneficiary, including how long the beneficiary has been performing duties that
relate to the prospective position or a statement as to how the beneficiary possesses the necessary skills that make him
or her qualified for the broadcasting-related position within the BBG or BBG grantee.
Follow the instructions on Form I-360 on where to file your petition.

Petitioning for an Employment-Based Fourth Preference Immigrant
To petition for an EB-4 special immigrant, your employer must file Form I-360. However, there are certain situations
where you, the employee, may self-petition on your own behalf. Review the petition instructions to see if you are eligible
to self-petition and what required supporting evidence needs to be included.

General Instructions

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USCIS provides forms free of charge through the USCIS website. In order to view, print, or fill out our forms, you should
use the latest version of Adobe Reader, which you can download for free at http://get.adobe.com/reader/. If you do not
have Internet access, you may call the USCIS National Customer Service Center at 1-800-375-5283 and ask that we mail
a form to you. For TTY (deaf or hard of hearing) call: 1-800-767-1833.
Signature. Each petition must be properly signed and filed. For all signatures on this petition, USCIS will not accept a
stamped or typewritten name in place of a signature. If you are under 14 years of age, your parent or legal guardian may
sign the petition on your behalf. A legal guardian may also sign for a mentally incompetent person.
Filing Fee. Each petition must be accompanied by the appropriate filing fee. (See the What Is the Filing Fee section of
these Instructions.)
Biometric Services Fee. If you file this petition with USCIS, you do not need to include a biometric services fee at the
time you submit your petition. If you are later notified that you must submit biometrics, you will receive a biometric
services appointment notice with instructions on how to submit the additional biometric services fee. If you file this
petition with an agency other than USCIS, please check with that agency to determine if and when you must submit a
biometric services fee.
Evidence. At the time of filing, you must submit all evidence and supporting documentation listed in these Instructions.
Biometric Services Appointment. USCIS may require that you appear for an interview or provide fingerprints,
photograph, and/or signature at any time to verify your identity, obtain additional information, and conduct background
and security checks, including a check of criminal history records maintained by the Federal Bureau of Investigation
(FBI), before making a decision on your application, petition, or request. After USCIS receives your petition and ensures
it is complete, we will inform you in writing, if you need to attend a biometric services appointment. If an appointment is
necessary, the notice will provide you the location of your local or designated USCIS Application Support Center (ASC)
and the date and time of your appointment or, if you are currently overseas, instruct you to contact a U.S. Embassy, U.S.
Consulate, or USCIS office outside the United States to set up an appointment.

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If you are required to provide biometrics, at your appointment you must sign an oath reaffirming that:
1.	 You provided or authorized all information in the petition;
2.	 You reviewed and understood all of the information contained in, and submitted with, your petition; and
3.	 All of this information was complete, true, and correct at the time of filing.
If you fail to attend your biometric services appointment, USCIS may deny your petition.
Copies. You may submit legible photocopies of documents requested, unless the Instructions specifically state that you
must submit an original document. USCIS may request an original document at the time of filing or at any time during
processing of an application, petition, or request. If you submit original documents when not required, the documents
may remain a part of the record, and USCIS will not automatically return them to you.
Translations. If you submit a document with information in a foreign language, you must also submit a full English
translation. The translator must sign a certification that the English language translation is complete and accurate, and that
he or she is competent to translate from the foreign language into English. The certification should also include the date,
the translator’s signature and printed name, and may contain the translator’s contact information.
How to Fill Out Form I-360
1.	 Type or print legibly in black ink.
2.	 If you need extra space to complete any item within this petition, use the space provided in Part 15. Additional
Information or attach a separate sheet of paper; type or print your name and Alien Registration Number (A-Number)
(if any) at the top of each sheet; indicate the Page Number, Part Number, and Item Number to which your answer
refers; and sign and date each sheet.

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3.	 Answer all questions fully and accurately. If a question does not apply to you (for example, if you have never been
married and the question asks “Provide the name of your current spouse”), type or print “N/A,” unless otherwise
directed. If your answer to a question which requires a numeric response is zero or none (for example, “How many
children do you have” or “How many times have you departed the United States”), type or print “None,” unless
otherwise directed.
4.	 USCIS Online Account Number (if any). If you have previously filed an application, petition, or request using the
USCIS online filing system (previously called USCIS Electronic Immigration System (USCIS ELIS)), provide the
USCIS Online Account Number you were issued by the system. You can find your USCIS Online Account Number
by logging in to your account and going to the profile page. If you previously filed certain applications, petitions,
or requests on a paper form via a USCIS Lockbox facility, you may have received a USCIS Online Account Access
Notice issuing you a USCIS Online Account Number. If you received such a notice, your USCIS Online Account
Number can be found at the top of the notice. If you were issued a USCIS Online Account Number, enter it in the
space provided. The USCIS Online Account Number is not the same as an A-Number.
5.	 Form I-94 Arrival-Departure Record. If U.S. Customs and Border Protection (CBP) or USCIS issued you a Form
I-94, Arrival-Departure Record, provide your Form I-94 number and date that your authorized period of stay expires
or expired (as shown on Form I-94). The Form I-94 number also is known as the Departure Number on some versions
of Form I-94.
NOTE: If you were admitted to the United States by CBP at an airport or seaport after April 30, 2013, you may have
been issued an electronic Form I-94 by CBP, instead of a paper Form I-94. You may visit the CBP website at
www.cbp.gov/i94 to obtain a paper version of an electronic Form I-94. CBP does not charge a fee for this service.
Some travelers admitted to the United States at a land border, airport, or seaport, after April 30, 2013 with a passport
or travel document, who were issued a paper Form I-94 by CBP, may also be able to obtain a replacement Form
I-94 from the CBP website without charge. If your Form I-94 cannot be obtained from the CBP website, it may be
obtained by filing Form I-102, Application for Replacement/Initial Nonimmigrant Arrival-Departure Record, with
USCIS. USCIS does charge a fee for this service.

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Passport and Travel Document Numbers. If you used a passport or travel document to travel to the United States,
enter either the passport or travel document information in the appropriate space on the petition, even if the passport
or travel document is currently expired.
6.	 Part 11. Petitioner’s Statement, Contact Information, Declaration, and Signature (Individual).
IMPORTANT: Complete this section ONLY if you are an individual filing this petition for yourself. If you are
filing Form I-360 to petition for another person or as an authorized signatory of an organization, complete Part 12.
Statement, Contact Information, Declaration, and Signature of the Petitioner or Authorized Signatory.
Select the appropriate box to indicate whether you read this petition yourself or whether you had an interpreter assist
you. If someone assisted you in completing the petition, select the box indicating that you used a preparer. Further,
you must sign and date your petition and provide your daytime telephone number, mobile telephone number (if any),
and email address (if any). Every petition MUST contain the signature of the petitioner (or parent or legal guardian,
if applicable). A stamped or typewritten name in place of a signature is not acceptable.
7.	 Part 12. Statement, Contact Information, Declaration, and Signature of the Petitioner or Authorized Signatory.
IMPORTANT: Complete this section ONLY if you are filing Form I-360 to petition for another person or as an
authorized signatory of an organization. If you are an individual filing this petition for yourself, complete Part 11.
Petitioner’s Statement, Contact Information, Declaration, and Signature (Individual).
Select the appropriate box to indicate whether you read this petition yourself or whether you had an interpreter
assist you. If someone assisted you in completing the petition, select the box indicating that you used a preparer.
Further, you must sign and date your petition and provide your name, title, daytime telephone number, mobile
telephone number (if any), and email address (if any). Every petition MUST contain the signature of the petitioner or
authorized signatory of the organization. A stamped or typewritten name in place of a signature is not acceptable.

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8.	 Part 13. Interpreter’s Contact Information, Certification, and Signature. If you used anyone as an interpreter to
read the Instructions and questions on this petition to you in a language in which you are fluent, the interpreter must
fill out this section, provide his or her name, the name and address of his or her business or organization (if any), his
or her daytime telephone number, his or her mobile telephone number (if any), and his or her email address (if any).
The interpreter must sign and date the petition.
9.	 Part 14. Contact Information, Declaration, and Signature of the Person Preparing this Petition, if Other Than
the Petitioner. This section must contain the signature of the person who completed your petition, if other than
you, the petitioner. If the same individual acted as your interpreter and your preparer, that person should complete
both Part 13. and Part 14. If the person who completed this petition is associated with a business or organization,
that person should complete the business or organization name and address information. Anyone who helped you
complete this petition MUST sign and date the petition. A stamped or typewritten name in place of a signature is
not acceptable. If the person who helped you prepare your petition is an attorney or accredited representative whose
representation extends beyond preparation of this petition, he or she may be obliged to also submit a completed Form
G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, or Form G-28I, Notice of Entry of
Appearance as Attorney In Matters Outside the Geographical Confines of the United States, along with your petition.
We recommend that you print or save a copy of your completed petition to review in the future and for
your records. If you are required to appear for a biometric service appointment, we recommend that
you review your copy of your completed petition before you come to your biometric services appointment
at a USCIS ASC. At your appointment, USCIS will permit you to complete the petition process only if you
are able to confirm, under penalty of perjury, that all of the information in your petition is complete, true, and
correct. If you are not able to make that attestation in good faith at that time, USCIS will require you to return
for another appointment.

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What Is the Filing Fee?
The filing fee for Form I-360 is $435, except there is no filing fee if filing for:
1.	 An Amerasian;
2.	 A Special Immigrant Juvenile;
3.	 A VAWA self-petitioning spouse or child of a U.S. citizen or lawful permanent resident;
4.	 A VAWA self-petitioning parent of a U.S. citizen son or daughter;
5.	 An Afghanistan National or Iraq National who worked with the U.S. Armed Forces as a translator;
6.	 An Iraq National who worked for or on behalf of the U.S. Government in Iraq; or
7.	 An Afghanistan National who worked for or on behalf of the U.S. Government or International Security Assistance
Force (ISAF) in Afghanistan.
NOTE: The filing fee is not refundable, regardless of any action USCIS takes on this petition. DO NOT MAIL CASH.
You must submit all fees in the exact amounts.
Use the following guidelines when you prepare your check or money order for the Form I-360 filing fee:
1.	 The check or money order must be drawn on a bank or other financial institution located in the United States and must
be payable in U.S. currency; and

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2.	 Make the check or money order payable to U.S. Department of Homeland Security.

NOTE: Spell out U.S. Department of Homeland Security; do not use the initials “USDHS” or “DHS.”

3.	 If you live outside the United States, contact the nearest U.S. Embassy or U.S. Consulate for instructions on the
method of payment.

Notice to Those Making Payment by Check. If you send us a check, USCIS will convert it into an electronic funds
transfer (EFT). This means we will copy your check and use the account information on it to electronically debit your
account for the amount of the check. The debit from your account will usually take 24 hours and your bank will show it
on your regular account statement.
You will not receive your original check back. We will destroy your original check, but will keep a copy of it. If USCIS
cannot process the EFT for technical reasons, you authorize us to process the copy in place of your original check. If your
check is returned as unpayable, USCIS will re-submit the payment to the financial institution one time. If the check is
returned as unpayable a second time, we will reject your petition and charge you a returned check fee.
How To Check If The Fees Are Correct
Form I-360’s filing fee is current as of the edition date in the lower left corner of this page. However, because USCIS fees
change periodically, you can verify that the fees are correct by following one of the steps below.
1.	 Visit the USCIS website at www.uscis.gov, select “FORMS,” and check the appropriate fee; or
2.	 Call the USCIS National Customer Service Center at 1-800-375-5283 and ask for fee information. For TTY (deaf or
hard of hearing) call: 1-800-767-1833.

Where To File?
Please see our website at www.uscis.gov/i-360 or call our National Customer Service Center at 1-800-375-5283 for the
most current information about where to file this petition. For TTY (deaf or hard of hearing) call: 1-800-767-1833.

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Address Change
A petitioner who is not a U.S. citizen must notify USCIS of his or her new address within 10 days of moving
from his or her previous residence. For information on filing a change of address, go to the USCIS website at
www.uscis.gov/addresschange or contact the USCIS National Customer Service Center at 1-800-375-5283. For TTY
(deaf or hard of hearing) call: 1-800-767-1833.
NOTE: Do not submit a change of address request to USCIS Lockbox facilities because the Lockbox does not process
change of address requests.

Processing Information
USCIS will reject any Form I-360 that is not signed or accompanied by the correct filing fee and send you a notice
that Form I-360 is deficient. You may correct the deficiency and resubmit Form I-360. A petition is not considered
properly filed until accepted by USCIS.
Initial Processing. Once USCIS accepts your petition we will check it for completeness. If you do not completely fill
out this petition, you will not establish a basis for your eligibility and USCIS may reject or deny your petition.
Request for More Information. We may request that you provide more information or evidence to support your petition.
We may also request that you provide the originals of any copies you submit. USCIS will return any requested originals
when they are no longer needed.

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Request for Interview. We may request that you appear at a USCIS office for an interview based on your petition. At
the time of any interview or other appearance at a USCIS office, we may require that you provide your fingerprints,
photograph, and/or signature to verify your identity and/or update background and security checks.
Decision. The decision on Form I-360 involves a determination of whether you have established eligibility for the
immigration benefit you are seeking. USCIS will notify you of the decision in writing.

USCIS Forms and Information
To ensure you are using the latest version of this petition, visit the USCIS website at www.uscis.gov where you
can obtain the latest USCIS forms and immigration-related information. If you do not have Internet access, you
may order USCIS forms by calling the Forms Request Line at 1-800-870-3676. You may also obtain forms and
information by calling the USCIS National Customer Service Center at 1-800-375-5283. For TTY (deaf or hard of
hearing) call: 1-800-767-1833.
Instead of waiting in line for assistance at your local USCIS office, you can schedule an appointment online at
www.uscis.gov. Select “Schedule an appointment online” and follow the screen prompts to set up your appointment.
Once you finish scheduling an appointment, the system will generate an appointment notice for you.

Penalties
If you knowingly and willfully falsify or conceal a material fact or submit a false document with your Form I-360, we will
deny your Form I-360 and may deny any other immigration benefit. In addition, you will face severe penalties provided
by law and may be subject to criminal prosecution.

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USCIS Compliance Review and Monitoring
By signing this petition, you have stated under penalty of perjury (28 U.S.C. section 1746) that all information and
documentation submitted with this petition is complete, true, and correct. You also authorize the release of any
information from your records that USCIS may need to determine eligibility for the immigration benefit you are seeking
and consent to USCIS verifying such information.
The Department of Homeland Security (DHS) has the authority to verify any information you submit to establish
eligibility for the immigration benefit you are seeking at any time. USCIS’ legal authority to verify this information is in
8 U.S.C. sections 1103, 1155, and 1184, and 8 CFR parts 103, 204, 205, and 214. To ensure compliance with applicable
laws and authorities, USCIS may verify information before or after your case is decided.
Agency verification methods may include, but are not limited to: review of public records and information; contact via
written correspondence, the Internet, facsimile, other electronic transmission, or telephone; unannounced physical site
inspections of residences and locations of employment; and interviews. USCIS will use information obtained through
verification to assess your compliance with the laws and to determine your eligibility for an immigration benefit.
Subject to the restrictions under 8 CFR 103.2(b)(16), USCIS will provide you with an opportunity to address any adverse
or derogatory information that may result from a USCIS compliance review, verification, or site visit after a formal
decision is made on your case or after the agency has initiated an adverse action which may result in revocation or
termination of an approval.

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USCIS Privacy Act Statement

AUTHORITIES: The information requested on this petition, and the associated evidence, is collected under the
Immigration and Nationality Act section 222, 8 U.S.C. sections 1107(a)(27), 1103, 1153(b), and 1202, and 8 CFR parts
103 and 204. If this petition is filed pursuant to VAWA, the information contained herein is also protected under 8 U.S.C.
section 1367.
PURPOSE: The primary purpose for providing the requested information on this petition is to determine if you have
established eligibility for the immigration benefit for which you are filing. DHS will use the information you provide to
grant or deny the immigration benefit you are seeking.
DISCLOSURE: The information you provide is voluntary. However, failure to provide the requested information, and
any requested evidence, may delay a final decision in your case or result in denial of your petition.
ROUTINE USES: DHS may share the information you provide on this petition with other Federal, state, local, and
foreign government agencies and authorized organizations. DHS follows approved routine uses described in the
associated published system of records notices [DHS/USCIS-007 - Benefits Information System and DHS/USCIS-001
- Alien File, Index, and National File Tracking System of Records] which you can find at www.dhs.gov/privacy. DHS
may also share the information, as appropriate, for law enforcement purposes or in the interest of national security. If the
information contained in Form I-360 is protected under 8 U.S.C. section 1367, any sharing with Federal, state, local, or
foreign agencies will be done in accordance with 8 U.S.C. section 1367.

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Paperwork Reduction Act
An agency may not conduct or sponsor an information collection, and a person is not required to respond to a collection
of information, unless it displays a currently valid Office of Management and Budget (OMB) control number. The public
reporting burden for this collection of information is estimated at 2 hours and 5 minutes per response (except 3 hours
and 5 minutes per response for Iraqi or Afghan Nationals who were employed by or on behalf of the U.S. Government in
Iraq or Afghanistan, and 2 hours and 20 minutes per response for Religious Workers), including the time for reviewing
instructions, gathering the required documentation and information, completing the petition, preparing statements,
attaching necessary documentation, and submitting the petition. Send comments regarding this burden estimate or any
other aspect of this collection of information, including suggestions for reducing this burden, to: U.S. Citizenship and
Immigration Services, Regulatory Coordination Division, Office of Policy and Strategy, 20 Massachusetts Ave NW,
Washington, DC 20529-2140; OMB No. 1615-0020. Do not mail your completed Form I-360 to this address.

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File Typeapplication/pdf
File Modified2016-10-06
File Created2016-10-06

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