Policy Memoranda RSS Feed
Rescission of 2017 Policy Memorandum PM-602-0142
USCIS is rescinding PM-602-0142 “Rescission of the December 22, 2000 ‘Guidance memo on H1B computer related positions."
Matter of Z-R-Z-C- (PDF, 268.36 KB), Adopted Decision 2020-02 (AAO Aug. 20, 2020)
This policy memorandum (PM) designates the attached decision of the Administrative Appeals Office (AAO) in Matter of Z-R-Z-C, Adopted Decision 2020-02 (AAO Aug. 20, 2020)
Rescission of Policy Memoranda, PM-602-0114
USCIS is rescinding two policy memoranda regarding the adjudication of certain petitions for H-1B nonimmigrant classification.
Matter of F-M- Co., Adopted Decision 2020-01 (AAO May 5, 2020)
This policy memorandum (PM) designates the attached decision of the Administrative Appeals Office (AAO) in Matter of F-M- Co., Adopted Decision 2020-01 (AAO May 5, 2020)
Temporary Policy Changes for Certain Foreign Medical Graduates During the COVID-19 National Emergency
Temporary Policy Changes for Certain Foreign Medical Graduates During the COVID-19 National Emergency (Medical Graduates)
Updated Guidance on Temporary or Seasonal Need for H-2A Petitions Seeking Workers for Range Sheep and/or Goat Herding or Production
This policy memorandum (PM) provides updated guidance regarding the determination of temporary or seasonal need for H-2A petitions seeking workers for range sheep or goat herding or production (hereinafter referred to as “H-2A sheep/goat herder petitions”).
Temporary or Seasonal Need for H-2A Petitions Seeking Workers for Range Sheep and/or Goat Herding or Production
This policy memorandum (PM) provides guidance regarding the determination of temporary or seasonal need for H-2A petitions seeking workers for range sheep or goat herding or production (herein after referred to as “H-2A sheep/goat herder petitions”).
Sample Notice of Filing Application for Permanent Employment Certification
This AFM update revises the sample notice of filing required for certain applications for permanent employment certification to fix certain technical errors, such as an inactive website link: AFM Chapter 22.2(b)(4)(C)(v) Sample Notice of Filing.
Matter of E-A-L-O-, Adopted Decision 2019-04 (AAO Oct. 11, 2019)
This policy memorandum (PM) designates the attached decision of the Administrative Appeals Office (AAO) in Matter of E-A-L-O-, Adopted Decision 2019-04 (AAO Oct. 11, 2019)
Matter of A-O-C-, Adopted Decision 2019-03 (AAO Oct. 11, 2019)
This policy memorandum (PM) designates the attached decision of the Administrative Appeals Office (AAO) in Matter of A-O-C-, Adopted Decision 2019-03 (AAO Oct. 11, 2019)
Matter of D-Y-S-C-, Adopted Decision 2019-02 (AAO Oct. 11, 2019)
This policy memorandum (PM) designates the attached decision of the Administrative Appeals Office (AAO) in Matter of D-Y-S-C-, Adopted Decision 2019-02 (AAO Oct. 11, 2019)
Guidance for Processing Reasonable Fear, Credible Fear, Asylum, and Refugee Claims in Accordance with Matter of L-E-A-
This policy memorandum (PM) provides guidance to U.S. Citizenship and Immigration Services (USCIS) officers for determining whether an applicant is eligible for asylum or refugee status or withholding of removal in light of the Attorney General’s decision in Matter of L-E-A-, 27 I&N Dec. 581 (A.G. 2019).
Updated Guidance for Adjudication of Cuban Adjustment Act Cases
U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in Chapter 23.11(a)(1), (h) and (n) of the Adjudicator’s Field Manual (AFM) relating to adjustment of status under the Cuban Adjustment Act (CAA).1
Matter of H-G-G-, Adopted Decision 2019-01 (AAO July 31, 2019)
This policy memorandum (PM) designates the attached decision of the Administrative Appeals Office (AAO) in Matter of H-G-G- as an Adopted Decision.
Marriage Involving Minors Update
U.S. Citizenship and Immigration Services (USCIS) is updating the Adjudicator’s Field Manual (AFM) to add Chapter 21.3(a)(2)(D)(iv), Interview Guidelines for Form I-130 Spousal Petitions Involving a Minor, and to update Chapter 21.3(a)(2)(I), Interviewing Petitioner and Spouse, to incorporate additional guidance on the adjudication of Form I-130 spousal petitions involving minor(s).
Marriage Involving Minor(s)
U.S. Citizenship and Immigration Services (USCIS) is updating the Adjudicator’s Field Manual (AFM) to revise Chapter 21.3(a)(1)(A), Concurrent Filing of Form I-130 and Form I-485, and add Chapter 21.3(a)(2)(D), Marriage Involving Minor(s). These updates provide guidance for the adjudication of Form I-130 spousal petitions involving minor(s).
Guidance for Implementing Section 235(b)(2)(C) of the Immigration and Nationality Act and the Migrant Protection Protocols
This memorandum provides guidance to immigration officers in USCIS regarding the implementation of the Migrant Protection Protocols (MPP), including supporting the exercise of prosecutorial discretion by U.S. Customs and Border Protection (CBP). This memorandum follows the Secretary of Homeland Security’s January 25, 2019, memorandum, Policy Guidance for Implementation of the Migrant Protection Protocols.
Satisfying the L-1 1-Year Foreign Employment Requirement; Revisions to Chapter 32.3 of the Adjudicator’s Field Manual (AFM)
This policy memorandum (PM) clarifies the requirement that the qualifying organization employ the principal L-1 beneficiary abroad for 1 continuous year out of the 3 years before the time of petition filing (“one-year foreign employment requirement”). This clarification is intended to ensure consistent adjudications of L-1 petitions with respect to the 1-year foreign employment requirement.
Procedural Guidance for Implementing Regulatory Changes Created by Interim Final Rule, Aliens Subject to a Bar on Entry under Certain Presidential Proclamations; Procedures for Protection Claims
This memorandum provides USCIS asylum officers with guidance for considering and processing claims of asylum, statutory withholding of removal, and protection under the Convention Against Torture (CAT), including in the credible fear context, to conform to the Interim Final Rule (IFR), Aliens Subject to a Bar on Entry under Certain Presidential Proclamations; Procedures for Protection Claims, 83 Fed. Reg. 55,934 (Nov. 9, 2018).
Guidance on Determining Suitability of Prospective Adoptive Parents for Intercountry Adoption
This policy memorandum (PM) amends the Adjudicator's Field Manual (AFM) to provide guidance on issues related to prospective adoptive parent (PAP) suitability that may arise when adjudicating intercountry adoption cases.
Implementing the National Defense Authorization Act for Fiscal Year 2019 and the Exemption to the Temporary Need Requirement for H-2B Workers on Guam and in the Commonwealth of the Northern Mariana Islands
This policy memorandum (PM) provides guidance regarding the filing and adjudication of H-2B nonimmigrant petitions that fall under section 1045 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2019 and supersedes the February 15, 2018 memorandum (PM-602-0156) that originally implemented section 1049 of the National Defense Authorization Act for FY 2018.
Guidance for Processing Reasonable Fear, Credible Fear, Asylum, and Refugee Claims in Accordance with Matter of A-B
This policy memorandum (PM) provides guidance to U.S. Citizenship and Immigration Services (USCIS) officers for determining whether a petitioner is eligible for asylum or refugee status in light of the Attorney General’s decision in Matter of A-B-. ALERT: On December 19, 2018, in Grace v. Whitaker, No. 18-CV-01853 (EGS), 344 F. Supp. 3d 96 (D.D.C. 2018), the U.S. District Court for the District of Columbia enjoined USCIS from implementing and enforcing certain parts of this PM. A redacted version of the PM reflecting the court’s injunction can be found here.
Updated Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens
This Policy Memorandum (PM) outlines how U.S. Citizenship and Immigration Services’ (USCIS) Notice to Appear (NTA) and referral policies implement the Department of Homeland Security’s (DHS) removal priorities, including those identified in Executive Order 13768, and it provides updates to USCIS’ guidelines for referring cases and issuing NTAs. This PM supersedes Policy Memorandum 602-0050, Revised Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Removable Aliens, dated November 7, 2011.
Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) When Processing a Case Involving Information Submitted by a Deferred Action for Childhood Arrivals (DACA) Requestor in Connection With a DACA Request or a DACA-Related Benefit
This Policy Memorandum (PM) confirms and clarifies which Notice to Appear (NTA) and referral policies apply: (1) to DACA requestors when processing a DACA request or DACA-related benefit request and (2) to DACA recipients when the Federal Government is seeking to terminate DACA.
DNA Evidence of Sibling Relationships
This policy memorandum (PM) amends U.S. Citizenship and Immigration Services’ (USCIS) policy on DNA evidence of sibling relationships and revises the Adjudicator’s Field Manual (AFM), Chapter 21.9(c).
Matter of S- Inc, Adopted Decision 2018-02 (AAO Mar 23, 2018)
Matter of S- Inc. addresses the prohibition on multiple H-1B filings by “related entities (such as a parent company, subsidiary, or affiliate).” PM-602-0159
Matter of S-P-, Inc., Adopted Decision 2018-01
Matter of S-P-, Inc. clarifies that a beneficiary who worked abroad for a qualifying multinational organization for at least one year, but left its employ for a period of more than two years after being admitted to the United States as a nonimmigrant, does not satisfy the one-in-three foreign employment requirement for immigrant classification as a multinational manager or executive. To cure the interruption in employment, such a beneficiary would need an additional year of qualifying employment abroad before he or she could once again qualify.
Contracts and Itineraries Requirements for H-1B Petitions Involving Third-Party Worksites
This policy memorandum (PM) establishes U.S. Citizenship and Immigration Services (USCIS) policy relating to H-1B petitions filed for workers who will be employed at one or more third-party worksites.
Implementing the National Defense Authorization Act for Fiscal Year 2018 (NDAA) and the Exemption to the Temporary Need Requirement for H-2B Workers on Guam
This policy memorandum (PM) provides guidance regarding the filing and adjudication of H-2B nonimmigrant petitions that fall under section 1049 of the National Defense Authorization Act for Fiscal Year 2018 (NDAA).
L-1 Qualifying Relationships and Proxy Votes
This policy memorandum (PM) clarifies the 1982 precedent decision, Matter of Hughes, by instructing officers that proxy votes must be irrevocable from the time of filing the L-1 petition through adjudication to establish a qualifying relationship. The petitioner must file an amended petition if any changes of ownership and control of the organization occur after USCIS adjudicates the petition.
Rescission of Matter of Vazquez as an Adopted Decision
This Policy Memorandum rescinds Matter of Vazquez as an Adopted Decision in accordance with the reasoning contained in this memorandum. Matter of Buschini remains overruled and inoperative, as this memorandum supercedes all prior guidance regarding the determination of Cuban citizenship for the purposes of adjustment under Pub. L. 89-732 (November 2, 1966), as amended, the Cuban Adjustment Act (CAA).
TN Nonimmigrant Economists Are Defined by Qualifying Business Activity
This policy memorandum (PM) clarifies that for an applicant to qualify for TN status based on work in the profession of economist, the applicant must engage in activities consistent with the profession of economist.
Criteria for Determining Habitual Residence in the United States for Children from Hague Convention Countries
On January 3, 2014, USCIS published interim guidance entitled “Criteria for Determining Habitual Residence in the United States for Children from Hague Convention Countries.” This guidance established criteria to determine whether the Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption (“Hague Adoption Convention”) applies to the adoption in the United States of a child from another Hague Adoption Convention country.
Guidance on Notice to, and Standing for, AC21 Beneficiaries about I-140 Approvals Being Revoked After Matter of V-S-G- Inc.
This Policy Memorandum (PM) adopts and provides guidance on the implementation of the Administrative Appeals Office’s (AAO) adopted decision in Matter of V-S-G- Inc., Adopted Decision 2017-06 (AAO Nov. 11, 2017).
Matter of V-S-G- Inc., Adopted Decision 2017-06
Matter of V-S-G- Inc. clarifies that beneficiaries of valid employment-based immigrant visa petitions who are eligible to change jobs or employers (“port”) and who have properly requested to do so under section 204(j) of the Immigration and Nationality Act, 8 U.S.C. § 1154(j), are “affected parties” under DHS regulations for purposes of revocation proceedings of their visa petitions and must be afforded an opportunity to participate in those proceedings.
Matter of G- Inc., Adopted Decision 2017-05
Matter of G- Inc. clarifies that, to establish that a beneficiary will be employed in a managerial capacity as a “function manager,” the petitioner must demonstrate that: (1) the function is a clearly defined activity; (2) the function is “essential,” i.e., core to the organization; (3) the beneficiary will primarily manage, as opposed to perform, the function; (4) the beneficiary will act at a senior level within the organizational hierarchy or with respect to the function managed; and (5) the beneficiary will exercise discretion over the function’s day-to-day operations.
Rescission of Guidance Regarding Deference to Prior Determinations of Eligibility in the Adjudication of Petitions for Extension of Nonimmigrant Status
This policy memorandum (PM) supersedes and rescinds the April 23, 2004 memorandum titled “The Significance of a Prior CIS Approval of a Nonimmigrant Petition in the Context of a Subsequent Determination Regarding Eligibility for Extension of Petition Validity” and section VII of the August 17, 2015 policy memorandum titled “L-1B Adjudications Policy.”
Revised Guidance for Processing Cases Subject to Terrorism-Related Inadmissibility Grounds and Rescission of the Prior Hold Policy for Such Cases PM-602-0150
This policy memorandum (PM) revises the agency hold policy for association or activity involving the terrorism-related inadmissibility grounds (TRIG).
Definition of “Affiliate” or “Subsidiary” for Purposes of Determining the H-1B ACWIA Fee PM-602-0147
The American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) establishes a fee that certain petitioners must pay when filing an H-1B petition with U.S. Citizenship and Immigration Services (USCIS).
Matter of A-T- Inc, Adopted Decision 2017-04 (AAO May 23, 2017)
Matter of A-T- Inc clarifies that, in order to qualify for an H-1B numerical cap exemption based upon a master’s or higher degree, the conferring institution must have qualified as a “United States institution of higher education” at the time the beneficiary’s degree was earned.
Matter of O-A-, Inc., Adopted Decision 2017-03 (AAO Apr. 17, 2017)
This policy memorandum (PM) designates the attached decision of the Administrative Appeals Office (AAO) in Matter of O-A-, Inc. as an Adopted Decision. Accordingly, this adopted decision establishes policy guidance that applies to and binds all U.S. Citizenship and Immigration Services (USCIS) employees. USCIS personnel are directed to follow the reasoning in this decision in similar cases.
Matter of I- Corp., Adopted Decision 2017-02 (AAO Apr. 12, 2017)
Matter of I- Corp. clarifies that USCIS cannot approve a visa petition that is based on an illegal or otherwise invalid employment agreement. To prevent a potential conflict with the Fair Labor Standards Act, USCIS must ensure that a beneficiary will not be paid a wage that is less than the minimum required wage under state or Federal law, whichever is higher, before approving an employment-based visa petition.
Rescission of the December 22, 2000: Guidance memo on H1B computer related positions
This policy memorandum (PM) supersedes and rescinds the December 22, 2000 memorandum titled “Guidance memo on H1B computer related positions” issued to Nebraska Service Center (NSC) employees by Terry Way.
Revision of Adjudicator’s Field Manual Subchapter 10.22 - Change of Gender Designation on Documents Issued by U.S. Citizenship and Immigration Services
This policy memorandum and accompanying revisions to the Adjudicator’s Field Manual update USCIS policy regarding procedures and requirements to change the gender designation on a USCIS-issued document.
The Role and Use of Interpreters in Domestic Field Office Interviews
To advance consistent standards for interpretation in interviews conducted by U.S. Citizenship and Immigration Services (USCIS), this Policy Memorandum (PM) provides guidance regarding the role and use of interpreters in certain interviews conducted in USCIS domestic field offices in the absence of agency-provided interpretation
Matter of T-O-S-U-, Adopted Decision 2017-01 PM-602-0140
Matter of T-O-S-U- clarifies that, for purposes of 8 C.F.R. § 214.2(h)(4)(viii)(C) (2016), a “physician of national or international renown” is a doctor of medicine or osteopathy who is widely acclaimed and highly honored in the field of medicine within one or more countries, so long as the achievements leading to national renown are comparable to that which would result in national renown in the United States. The decision also suggests, but does not mandate, what types of evidence may be persuasive in establishing eligibility for this exemption.
Discretionary Options for Designated Spouses, Parents, and Sons and Daughters of Certain Military Personnel, Veterans, and Enlistees
This policy memorandum (PM) clarifies and supplements guidance issued by U.S. Citizenship and Immigration Services (USCIS) in 2013 (“the 2013 PM”) with respect to designated family members of certain military personnel and veterans.
Extension of Status for T and U Nonimmigrants (Corrected and Reissued)
This policy memorandum (PM) provides guidance about extensions of status for T and U nonimmigrants, including any related Forms I-485, Application to Register Permanent Residence or Adjust Status.
Matter of R-C-C-S-D-, Adopted Decision 2016-04 (AAO Oct. 24, 2016)
Matter of R-C-C-S-D- clarifies that a language immersion school may be eligible for designation as an international cultural exchange program, such that it may petition to classify teachers as Q-1 international cultural exchange visitors.
Revised Guidance for Processing Asylum Cases
This policy memorandum (PM) revises the agency hold policy for association or activity involving terrorism-related inadmissibility grounds (TRIG).
VAWA amendments to the Cuban Adjustment Act: Continued Eligibility for Abused Spouses and Children
This policy memorandum (PM) provides guidance to U.S. Citizenship and Immigration Services (USCIS) officers regarding the Violence Against Women Act (VAWA) amendments to the Cuban Adjustment Act (CAA).
Matter of L-S-M-, Adopted Decision 2016-03 (AAO Feb. 23, 2016)
This policy memorandum (PM) designates the attached decision of the Administrative Appeals Office (AAO) in Matter of L-S-M- as an Adopted Decision.
Revised Guidance for Processing Refugee Cases Involving Terrorism-Related Inadmissibility Grounds and Amendment to the Hold Policy for Such Cases
This policy memorandum (PM) revises the agency hold policy for association or activity involving terrorism-related inadmissibility grounds (TRIG).
Matter of Z-A-, Inc., Adopted Decision 2016-02 (AAO Apr. 14, 2016)
Matter of Z-A-, Inc. clarifies that, when determining whether the beneficiary of an L-1A nonimmigrant classification will primarily manage an essential function, USCIS officers must weigh all relevant factors including, as pertinent in the instant case, evidence of the beneficiary's role within the wider qualifying international organization.
Matter of H-V-P-, Adopted Decision 2016-01 (AAO Feb. 9, 2016)
Matter of H-V-P- clarifies that, in addition to primary care physicians, medical specialists who agree to practice in any area designated by the Secretary of Health and Human Services as having a shortage of health care professionals may be eligible for the physician national interest waiver.
Approval of a Spousal Immediate Relative Visa Petition under Section 204(l) of the Immigration and Nationality Act after the Death of a U.S. Citizen Petitioner
The Policy Memorandum (PM) revises chapter 10.21(a), (b), (c)(2) and the last paragraph of (c)(5) of the Adjudicator’s Field Manual (AFM) to implement the decision in Williams v. DHS Secretary, 741 F.3d 1228 (11th Cir. 2014) for all spousal immediate relative visa petitions under section 204(l) of the Immigration and Nationality Act (INA) after the death of a U.S. citizen petitioner, including petitions filed outside the jurisdiction of the U.S. Court of Appeals for the Eleventh Circuit (11th Circuit court).
Updated Paper Version of Form G-28, Notice of Entry of Appearance as Attorney or Representative
This policy memorandum (PM) provides current U.S. Citizenship and Immigration Services (USCIS) guidance regarding changes in the paper version of the new Form G-28, Notice of Entry of Appearance as Attorney or Representative (G-28).
Initial Field Review of Appeals to the Administrative Appeals Office
This policy memorandum (PM) and accompanying revisions to the Adjudicator’s Field Manual (AFM) provide guidance to employees of U.S. Citizenship and Immigration Services (USCIS) on the proper processing of appeals to the Administrative Appeals Office (AAO).
Settlement Agreement in Duran Gonzalez v. Department of Homeland Security
Adjudication of Requests for U.S. Citizenship and Immigration Services (USCIS) Motions to Reopen Certain Consent to Reapply and Adjustment of Status Applications Filed in the Ninth Circuit Between August 13, 2004, and November 30, 2007.
L-1B Adjudications Policy
This policy memorandum provides guidance on the adjudication of the L-1B classification, which permits multinational companies to transfer employees who possess “specialized knowledge” from their foreign operations to their operations in the United States.
USCIS Final Guidance on When to File an Amended or New H-1B Petition After Matter of Simeio Solutions, LLC
On April 9, 2015, USCIS’ Administrative Appeals Office (AAO) issued the precedent decision, Matter of Simeio Solutions, LLC (Simeio), which held that an H-1B employer must file an amended or new H-1B petition when a new Labor Condition Application for Nonimmigrant Workers (LCA) is required due to a change in the H-1B worker’s place of employment.
Qualifying U.S. Work Experience for Special Immigrant Religious Workers
On April 7, 2015, the U.S. Court of Appeals for the Third Circuit, in Shalom Pentecostal Church v. Acting Secretary DHS, 783 F.3d 156 (3d Cir. 2015), found the regulatory requirements that qualifying work experience gained in the United States must have been acquired in lawful status (herein “lawful status requirements”) in 8 CFR 204.5(m)(4) and (11) to be beyond the Department’s legal authority (ultra vires).
Updated Guidance to USCIS Offices on Handling Certain Family-Based Automatic Conversion and Priority Date Retention Requests Following the Supreme Court Ruling in Scialabba v. Cuellar de Osorio
Updated Implementation of the Special Immigrant Juvenile Perez-Olano Settlement Agreement
The purpose of this policy memorandum (PM) is to update the guidance previously provided to U.S. Citizenship and Immigration Services (USCIS) personnel in PM-602-0034: Implementation of the Special Immigrant Juvenile Perez-Olano Settlement Agreement, in light of the recent agreement entered into between USCIS and the plaintiffs in Perez-Olano v. Holder, No. CV 05-3604 (C.D. Cal.), which took effect on March 27, 2015.
Implementation of the Discretionary Exemption under the Immigration and Nationality Act for the Provision Certain Limited Material Support
Implementation of the Discretionary Exemption under the Immigration and Nationality Act for the Provision of Insignificant Material Support
Violence Against Women Reauthorization Act of 2013: Changes to U Nonimmigrant Status and Adjustment of Status Provisions
This policy memorandum (PM) provides guidance on new legislation that amends the Immigration and Nationality Act (INA) affecting U nonimmigrant status programs and related adjustment of status applications. The Adjudicator’s Field Manual (AFM) is updated by revising sections 39.1(a)(9) and 39.1(f)(4) of Chapter 39 (AFM Update AD13-06)
New T Nonimmigrant Derivative Category and T and U Nonimmigrant Adjustment of Status for Applicants from the Commonwealth of the Northern Mariana Islands
This policy memorandum (PM) provides guidance on legislation affecting the T nonimmigrant status program and related T and U nonimmigrant adjustment of status applications. This PM revises Chapters 23.5 and 39.2 of the Adjudicator’s Field Manual (AFM); AFM Update AD14-05.
Updated Processing Requirements for Discretionary Exemptions to Terrorism-Related Inadmissibility Grounds for Activities and Associations Relating to the Kurdistan Democratic Party and the Patriotic Union of Kurdistan
This Policy Memorandum (PM) explains the relevant changes in the law and modifies existing instructions for USCIS adjudicators for processing of benefit applications where an applicant is found to have activities or associations with the KDP and PUK
Adjudication of H-1B Petitions for Nursing Occupations
Policy Memorandum: Implementation of the Settlement Agreement in Duran Gonzalez v. Department of Homeland Security
This policy memorandum (PM) ensures the consistent implementation of the Settlement Agreement based on Duran Gonzalez, et al. v. Department of Homeland Security, et al., and amends all earlier memoranda on this subject, including the May 19, 2009, memorandum.
Agency Information Collection Activities: Application for T Nonimmigrant Status, Form I-914, Application for Immediate Family Member of T-1 Recipient, Supplement A, Declaration of Law Enforcement Officer for Victim of Trafficking in Persons, Supplement B;
Field Guidance Pertaining to Applicants for Provisional Unlawful Presence Waivers
Guidance to USCIS Offices on Handling Certain Family-Based Automatic Conversion and Priority Date Retention Requests Pending a Supreme Court Ruling on Mayorkas v. Cuellar de Osorio
Precedent and Non-Precedent Decisions of the Administrative Appeals Office (AAO)
This policy memorandum (PM) and accompanying revisions to the Adjudicator’s Field Manual (AFM) guide U.S. Citizenship and Immigration Services (USCIS) officers on the distinction between and proper use of precedent and non-precedent Administrative Appeals Office (AAO) decisions.
Parole of Spouses, Children and Parents of Active Duty Members of the U.S. Armed Forces and the Effect of Parole on Inadmissibility under Immigration and Nationality Act
Parole of Spouses, Children and Parents of Active Duty Members of the U.S. Armed Forces, the Selected Reserve of the Ready Reserve, and Former Members of the U.S. Armed Forces or Selected Reserve of the Ready Reserve and the Effect of Parole on Inadmissibility under Immigration and Nationality Act
Extension of Validity of Medical Certifications on Form I-693
AAO Precedent and Non-Precedent Decisions PM
EB-5 Adjudications Policy
Taiwan Pre-Adoption Immigration Review – Filing Form I-600, Petition to Classify Orphan as an Immediate Relative, on Behalf of a Child Being Adopted in Taiwan
This policy memorandum (PM) implements the Pre-Adoption Immigration Review (PAIR) in Taiwan of Form I-600, Petition to Classify Orphan as an Immediate Relative (“Form I-600”), filed on behalf of children from, and physically located in, Taiwan.
Revised Guidance Concerning Adjudication of Certain I-751 Petitions
Extension of Validity of Medical Certifications on Form I-693
Operational Guidance for EB-5 Cases Involving Tenant Occupancy
Age-Out Protection for Derivative U Nonimmigrant Status
This policy memorandum (PM) provides guidance relating to certain U-3 derivative nonimmigrant petitions that are being held for final adjudication or have had their prior approvals limited in time due to the derivative aging-out. This PM also authorizes the approval of U-3 derivative nonimmigrant petitions for the full eligibility period of four years, allowing the U-3 derivative to remain in U nonimmigrant status past his or her 21st birthday, if necessary. This PM updates the Adjudicator’s Field Manual (AFM) by adding Chapter 39.1(f)(4)(v-viii); AFM Update AD11-41.
Exceptions for Permitting the Filing of Form I-601, Application for Waiver of Grounds of Inadmissibility, and any associated Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal
Jurisdiction of Amended Home Studies and the Application of Home Study Age Restrictions for Prospective Adoptive Child(ren) in Intercountry Adoption Cases
Guidance for Determining if an Adoption is Valid for Immigration and Nationality Act (INA) Purposes
Designation of Military Physicians as Civil Surgeons for Members and Veterans of the Armed Forces and Eligible Dependents
USCIS Policy for Accommodating Religious Beliefs during Photograph and Fingerprint Capture
Implementation of New Discretionary Exemption Under Immigration and Nationality Act (INA) Section 212(d)(3)(B)(i) for Activities and Associations Relating to the Kosovo Liberation Army (KLA)
Requests to Expedite Adjudication of Form I-601, Application for Waiver of Grounds of Inadmissibility, Filed by Individuals Outside the United States; Update to Adjudicator's Field Manual (AFM) Chapter 41.7 and Appendix 41-5 (AFM Update AD12-09)
Submission of Form I-20 or DS-2019 in support of the Application to Extend/Change Nonimmigrant Status.
Process for Responding to Request by the DOS to Accept a Locally Filed Form I-130, Petition for Alien Relative
Guidance on EB-5 Adjudications Involving the Tenant-Occupancy
Adjudication of Immigration Benefits for Transgender Individuals; Addition of Adjudicator's Field Manual (AFM) Subchapter 10.22 and Revisions to AFM Subchapter 21.3 (AFM Update AD12-02)
Expedited Case Review Process for Specifically-Defined Administrative Errors
Procedures for Calculating the Maximum Period of Stay for R-1 Nonimmigrants (AFM Update AD12-03)
The Role of Private Attorneys and Other Representatives; Revisions to Adjudicator's Field Manual (AFM) Chapters 12 and 15; AFM Update AD11-42
Transfer of Final Adjudication Authority to the National Benefits Center for Adjustment of Status Cases Filed Pursuant to Section 13 of Public Law 85-316 of 9/11/1957; Revision to Adjudicator's Field Manual (AFM) Chapter 23.10 (AFM Update AD 11-04)
Process for Responding to Requests by the Department of State (DOS) to Accept a Locally Filed Form I-130, Petition for Alien Relative; Utilization of Reserved Section of the Adjudicator's Field Manual (AFM) - Chapter 21.12; AFM Update AD11-38
Extension of Status for T and U Nonimmigrants; Revisions to Adjudicator's Field Manual (AFM) Chapter 39.1(g)(3) and Chapter 39.2(g)(3) (AFM Update AD11-28)
Final Policy Memorandum: PM-602-0023 (Dec. 21, 2010) Issuance of Advance Parole Employment Authorization Document; Revisions to Adjudicator's Field Manual (AFM) Chapters 54.2(b), 54.3(d)(3), 54.3(e) (h), and 55.3, and addition of Appendices 55-4, 55-5, 55
Fee Waiver Guidelines as Established by the Final Rule of the USCIS Fee Schedule; Revisions to Adjudicator's Field Manual (AFM) Chapter 10.9 (AFM Update AD11-26)
Implementation of New Discretionary Exemption Under INA Section 212(d)(3)(B)(i) For the Receipt of Military-Type Training Under Duress
Implementation of New Discretionary Exemption Under INA Section 212(d)(3)(B)(i) For the Solicitation of Funds or Members under Duress
Temporary Protected Status Adjudications Involving "No Jail" or "No Incarceration" Certifications, and Reminders for Cases Involving Certain Potential Misdemeanors
Revisions to the Adjudicator's Field Manual (AFM) Chapter 38.1 (e) (12) AFM Update AD11-21
Implementation of Provisions of Public Law 111-230 Instituting Increased Fees for Certain H-1B and L-1 Petitions and Applications
Revisions to Adjudicator's Field Manual (AFM) Chapters 31.1(b), 31.3(h), 32.3(a), and 32.4(a); AFM Update AD11-19
Requests to Expedite Adjudication of Form I-601, Application for Waiver of Grounds of Inadmissibility, filed by individuals outside the United States; Adjudicator's Field Manual (AFM) Update AD 11-10
Instructions for Handling Regressed Visa Number (Employment-Based and Family-Based) Adjustment of Status Cases Interviewed at USCIS Field Offices; Revision to Adjudicator's Field Manual (AFM) Chapter 20.1 (e) (AFM Update AD 11-02)
Approval of Petitions and Applications after the Death of the Qualifying Relative under New Section 204(l) of the Immigration and Nationality Act;
Revisions to Adjudicator's Field Manual (AFM): New Chapter 10.21 and an Amendment to Chapter 21.2(h)(1)(C) (AFM Update AD-10-51)
Ninth Circuit Court of Appeals Overturns the Permanent Injunction Issued by the District Court in Ruiz Diaz v. United States, No. 09 35734 (9th Cir. Aug. 20, 2010)
Revisions to the Adjudicator's Field Manual (AFM) Chapter 22.3(b)(1), AFM Update AD11-01
Model Plan for Administrative Naturalization Ceremonies; Adjudicator's Field Manual (AFM) Update AD 10-53
Waivers of Inadmissibility and Grants of Status for Certain Aliens Seeking Nonimmigrant Status in the Commonwealth of the Northern Mariana Islands (CNMI); Addition to the Adjudicator's Field Manual (AFM) Chapter 36.4
Fee Waiver Guidelines as Established by the Final Rule of the USCIS Fee Schedule; Revisions to Adjudicator's Field Manual (AFM) Chapter 10.9 (AFM Update AD11-05)
Implementation of Provisions of Public Law 111-230 Instituting Increased Fees for Certain H-1B and L-1 Petitions and Applications (AFM Update AD10-48)
Validity of Puerto Rico Birth Certificates as Evidence (AFM Update AD10-43)
Guidance on Uniform Denial Language Pertaining to Appeals to the Board of Immigration Appeals Revisions to Adjudicator's Field Manual (AFM) Chapter 10.7(b) (AFM Update AD10-25)
William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008: Changes to T and U Nonimmigrant Status and Adjustment of Status Provisions; Revisions to Adjudicator's Field Manual (AFM) Chapters 23.5 and 39 (AFM Update AD10-38)
Extension of U Nonimmigrant Status for Derivative Family Members Using the Application to Extend/Change Nonimmigrant Status (Form I-539) Revisions to Adjudicator's Field Manual (AFM), New Chapter 39.1 (g)(2)(i)(AFM Update AD10-08)
Continued Eligibility to File for Child VAWA Self-Petitioners After Attaining Age 21; Revisions to Adjudicator's Field Manual (AFM) Chapter 21.14 (AFM Update AD07-02)
Adjudication of EB 5 Regional Center Proposals and Affiliated Form I 526 and Form I 829 Petitions; Adjudicators Field Manual (AFM) Update to Chapters 22.4 and 25.2 (AD09-38)
Donald Neufeld, Acting Associate Director, Domestic Operations
Requirements for Agents and Sponsors Filing as Petitioners for the O and P Visa Classifications
Donald Neufeld, Acting Associate Director, Domestic Operations
Temporary Acceptance of H-1B Petitions without Department of Labor Certified Labor Condition Application
Donald Neufeld, Acting Associate Director, Domestic Operations
Requirements for H-1B Beneficiaries Seeking to Practice in a Health Care Occupation
Barbara Q. Velarde, Chief, Service Center Operations
I-751 Filed Prior to Termination of Marriage
Donald Neufeld, Acting Associate Director, Domestic Operations Directorate
Guidance Regarding Petitioners for U Nonimmigrant Status with More Than 3 Years in U Interim Relief Status
Carlos Iturregui, Chief, Office of Policy and Strategy, Donald Neufeld, Associate Director, Domestic Operations
Handling of Non-Minister Special Immigrant Religious Worker Petitions Affected by the October 1, 2008, Sunset Date
Supplemental Guidance Relating to Processing Forms I-140 Employment-Based Immigrant Petitions and I-129 H-1B Petitions, and Form I-485, Adjustment Applications Affected by the American Competitiveness in the Twenty-First Century Act of 2000 (...)
Donald Neufeld, Acting Associate Director, Domestic Operations
Adjustment of status for VAWA self-petitioner who is present without inspection Revision of Adjudicator's Field Manual (AFM) Chapter 23.5 (AFM Update AD 08-16)
Donald Neufeld for Michael Aytes, Associate Director, Domestic Operations
Extension of Validity of Medical Certifications on Form I-693
Michael Aytes, Associate Director, Domestic Operations
Authorization to process cases involving the provision of material support to the ELN
Paul Rosenzweig, DHS Deputy Assistant Secretary for Policy to Emilio Gonzalez, Director, USCIS
Guidelines for Partnerships between Asylum Offices and Non-Governmental Organizations to Provide Access to Legal Consultation for Applicants in the Credible Fear Process
Joseph E. Langlois HQRAIO
Effect of Form I-130 Petitioner's Death on Authority to Approve the Form I-130; Revisions to Adjudicator's Field Manual (AFM) Chapter 21.2 (AFM Update AD08-04)
Michael Aytes, HQOPS
Processing the Discretionary Exemption to the Inadmissibility Ground for Providing Material Support to the Revolutionary Armed Forces of Columbia (FARC)
Jonathan Scharfen HQUSCIS
Authorization to process cases involving the provision of material support to the FARC
Paul S. Rosenzweig, Deputy Assistant Secretary for Policy, DHS
Matter of Vazquez (July 31, 2007)
Jonathan Scharfen HQUSCIS
Matter of Perez Quintanilla (June 7, 2007)
Jonathan Scharfen HQUSCIS
Fee Waiver Guidelines as Established by the Final Rule of the Immigration and Naturalization Benefit and Application and Petition Fee Schedule (AFM Update AD07-19)
Donald Neufeld HQOPS
Adjustment of Status for K-2 Aliens under the Age of 21
Michael Aytes HQOPS
Public Law 109-477 - Two-Year Extension of Conrad State 30 Program
Michael Aytes HQOPS
Extension of Validity of Medical Certifications on Form I-693
Michael Aytes HQOPS
Creating Opportunities for Minor League Professional, Entertainers, and Teams through Legal Entry Act of 2006 (COMPETE Act of 2006) - Admission as P-1 Nonimmigrant
Michael Aytes HQOPS
Public Law 109-423 - Reauthorization of H-1C Program under the Nursing Relief for Disadvantaged Areas Act of 2005
Michael Aytes HQOPS
Delegation of Authority to Service Center Directors to Adjudicate Form I-829, Petition by Entrepreneur to Remove Conditions; Adjudication of Form N-400, Application for Naturalization when a Form I-829 is Still Pending; AFM Update: Chapter 25.2
Michael Aytes Associate Director, Operations
Delegation of Authority to Service Center Directors to Adjudicate Form I-829, Petition by Entrepreneur to Remove Conditions; Adjudication of Form N-400, Applications for Naturalization when a Form I-829 is still Pending
Adam Walsh Child Protection and Safety Act of 2006
Michael Aytes HQOPS Docket # USCIS-2008-0071
Religious Worker Benefit Fraud Assessment Summary (July 2006)
USCIS Office of Fraud Detection and National Security
Matter of Buschini (June 30, 2006)
Robert C. Divine HQUSCIS
Consolidation of Policy Regarding Form I-864, Affidavit of Support
Michael Aytes HQOPS (AFM Update AD 06-20)
Clarification of Aging Out Provisions as They Affect Preference Relatives and Immediate Family Members Under The Child Status Protection Act Section 6 and Form I-539 Adjudications for V Status (AFM Update AD 06-21)
Michael Aytes HQOPS
Guidance on the Requirement of a "Permanent Offer of Employment" for Outstanding Professors and Researchers - Revisions to Adjudicator's Field Manual (AFM) Chapter 22.2(c)(2)(B)
Michael Aytes HQOPS (AFM Update AD06-00)
Guidance Regarding Eligibility for Exemption from the H-1B Cap Based on 103 of the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313)
Michael Aytes HQOPS (AFM Update AD 06-27)
Disclosure of Certain Information Relating to Criminal Histories of Petitioners to Potential Visa Beneficiaries
Robert C. Divine HQUSCIS Docket # USCIS-2008-0069
Effect of Perez-Gonzalez v. Ashcroft on adjudication of Form I-212 applications filed by aliens who are subject to reinstated removal orders under INA 241(a)(5)
Michael Aytes HQOPS, Dea Carpenter HQOCC Docket # USCIS-2008-0068
Interim Guidance for Processing I-140 Employment-Based Immigrant Petitions and I-485 and H-1B Petitions Affected by the American Competetiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313)
Michael Aytes HQOPS Docket # USCIS-2008-0067
Processing Guidelines for E-3 Australian Specialty Occupation Workers and Employment Authorization for E-3 Dependent Spouses
Michael Aytes HQOPS
Guidance on Evaluating a Request for the Rescheduling of an Interview and Handling the Failure of an Applicant, a Petitioner, a Sponsor, a Beneficiary, or other Individual to Appear for a Scheduled Interview
Michael Aytes HQOPS (AFM Update AD06-01)
Waivers under Section 209(c) of the Immigration and Nationality Act
Michael Aytes HQOPS (AFM Update 05-33)
Procedures for Calculating Maximum Period of Stay Regarding Limitations on Admission for H-1B and L-1 Nonimmigrants
William R. Yates HQOPS
Remedial Measures Made Necessary by Hurricanes Katrina and Rita
Michael Aytes HQOPS
Naming Conventions; Use of Full Legal Name on All USCIS Issued Documents
William R. Yates HQOPS
Matter of IT Ascent, Inc, Adopted Decision 2016-01 (AAO Sept. 92, 2005)
Changes to the L Nonimmigrant Classification Made by the L-1 Reform Act of 2004
William R. Yates HQOPS
Expansion of the use of Form I-512L, Authorization for Parole of an Alien into the US, to Include all Advance Parole Issued by the National Benefits Customer and the Service
William R. Yates HQOPS
Fact Sheet on Confidentiality
Joseph E. Langlois HQASM
Adjudication of Change of Status Requests for A, G, or NATO Classifications and Extensions of Stay for A-3, G-5 and NATO-7 Aliens
William R. Yates /s/ Janis Sposato HQOPS
Interim Guidance for Processing Form I-140 Employment-Based Immigrant Petitions and Form I-485 and H-1B Petitions Affected by the AC21 Act
William R. Yates HQOPS
List of American Association of Blood Banks Accredited Parentage Testing Laboratories
William R. Yates /s/ Janis Sposato HQOPS
Implementation of Clark v. Martinez, 125 S. Ct. 716 (2005)
William R. Yates HQOPS
Relief Efforts for Aliens Affected by the December 26, 2004 Tsunami
01/10/05 William R. Yates HQOPS
Reminder of Change in Photograph Standard
William R. Yates HQOPS
The Child Status Protection Act - Children of Asylees and Refugees
William R. Yates HQOPS Docket # USCIS-2008-0064
Assessment of Deferred Action in Requests for Interim Relief from U Nonimmigrant Status Eligible Aliens in Removal Proceedings
William R. Yates /s/ Janis Sposato HQOPS Docket # USCIS-2008-0062
Lifting of Numerical Cap on Mexican NAFTA Nonimmigrant Professionals ("TN") and Free Trade Agreements with Chile and Singapore
William R. Yates /s/ Janis Sposato HQOPS Docket # USCIS-2008-0060
Extension of Special Immigrant Religious Worker Program and Clarification of Tax Exempt Status Requirements for Religious Organizations
William R. Yates /s/ Janis Sposato HQOPS
Final Regulation on Certification of Foreign Health Care Workers
William R. Yates /s/ Janis Sposato HQOPS Adjudicator's Field Manual (AFM) Update AD 03-31
Processing Derivative Refugees and Asylees under the Child Status Protection Act
Michael J. Petrucelli HQUSCIS Docket # USCIS-2008-0055
The Meaning of 8 CFR 274a.12(a) as it Relates to Refugee and Asylee Authorization for Employment
William Yates HQISD
Waiver of Photograph for I-90, Applicants Seeking a Replacement or Renewal Form I-551
Johnny N. Williams HQOPS
Guidance on Adjudication of H-1B Petitions Filed on Behalf of Nurses
Johnny N. Williams HQOPS (Services/H-1) Docket # USCIS-2008-0050
Eligibility to Self-Petition as an Intended Spouse of an Abusive U.S. Citizen or Lawful Permanent Resident
Johnny N. Williams HQOPS
Unlawful Presence Memorandum
This memorandum addresses issues relating to the 3- and 10-year bars to admission under section 212(a)(9)(B)(i)(I) and (II) of the Immigration and Nationality Act (Act) and the decision to designate as a period of stay authorized by the Attorney General the entire period during which an alien has been granted deferred action by the Immigration and Naturalization Service (INS).
Procedures for the Preservation of Immigration Benefits for Victims of Terrorism (Title IV, Subtitle C (Sections 421 - 428), of the USA PATRIOT Act) P.L. 107-56 (October 26, 2001)
Michael A. Pearson HQOPS
USA Patriot Act: New Anti-Terrorism Legislation
James W. Ziglar HQCOM
Parole Decision Authority (Amendment to March 16, 2001 memorandum)
Michael A. Pearson HQOPS
Travel After Filing a Request for a Change of Nonimmigrant Status
Thomas Cook HQPGM
Parole Decision Authority
Michael A. Pearson HQOPS
Implementing of Amendment to the LIFE Act Regarding Applicability of INS section 241(a)(5) (reinstatement) to NACARA 203 Beneficiaries
Joseph E. Langlois HQASY
Changes to Section 202 of NACARA, and HRIFA Adjustment of Status under 245(i) LIFE
Michael A. Pearson HQOPS
Post-December 21, 2000, Procedures for Aliens Who Have Been Issued Orders of Deportation of Removal and Fall Within the Classes of Aliens Made Eligible for Adjustment Under NACARA Section 202 or HRIFA under LIFE
Michael A. Pearson HQOPS
Guidelines for Children's Asylum Claims
Jeff Weiss HQOIA
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