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Agencies & Liaison
Department of Homeland Security
Agency Memos, Cables, Letters & Guidance
USCIS Guidance Memo on EB-5 Cases Involving Tenant-Occupancy
(521 KB - 12/28/2012)
USCIS 12/20/12 operational guidance memo intended to facilitate adjudication of cases involving issues related to the “tenant-occupancy” methodology for establishing job creation in EB-5 cases & applies to pending cases and cases filed on or after the date of this guidance. AILA Doc. No. 12122850.
AILA Doc. No. 12122850.
USCIS Asylum Division Memo on National Customer Access Standards
(558 KB - 12/26/2012)
USCIS Asylum Division memorandum from Acting Chief Ted Kim to asylum office staff outlining guidelines for receiving and responding to requests for information, including establishing and staffing an email address and telephone number, as well as holding walk-in hours. AILA Doc. No. 12122643.
AILA Doc. No. 12122643.
USCIS Response to CIS Ombudsman’s 2011 Annual Report to Congress
(2487 KB - 12/24/2012)
USCIS response to the CIS Ombudsman’s 2011 Annual Report to Congress, which provides updates on specific programs and highlight Agency successes during FY2011. AILA Doc. No. 12122443.
AILA Doc. No. 12122443.
ICE Memo on New National Detainer Guidance for Civil lmmigration Enforcement
(1122 KB - 12/21/2012)
A 12/21/12 guidance memo from ICE Director John Morton limiting the use of ICE detainers to certain enumerated circumstances. AILA Doc. No. 12122149.
AILA Doc. No. 12122149.
USCIS Interim Policy Memo on Age-Out Protection for Derivative U Nonimmigrant Status Holders
(771 KB - 12/13/2012)
USCIS interim policy memorandum providing guidance relating to certain U-3 derivative nonimmigrant petitions held for final adjudication and also authorizing approval of U-3 derivative nonimmigrant petitions for the full eligibility period of 4 years. Comments due 1/10/13. AILA Doc. No. 12121344.
AILA Doc. No. 12121344.
USCIS Draft Policy Memo on Employment Authorization Eligibility After VAWA Self-Petition Approval
(768 KB - 12/13/2012)
USCIS draft policy memorandum providing guidance to USCIS officers regarding an amendment to the INA that provides eligibility for employment authorization to the beneficiary of an approved VAWA self-petition & battered spouses of certain nonimmigrants. Comments due 1/10/13. AILA Doc. No. 12121340.
AILA Doc. No. 12121340.
CBP Standards of Conduct
(2881 KB - 12/12/2012)
A 3/13/12 CBP Directive establishes policy on the ethical conduct and responsibilities of all CBP employees. Guidance supersedes a 6/21/04 directive. AILA Doc. No. 12121269.
AILA Doc. No. 12121269.
ICE SEVP Policy Guidance for Adjudicators on Flight Training Providers
(2036 KB - 12/12/2012)
ICE policy guidance from 12/11/12 clarifying requirements for flight training providers seeking Student & Exchange Visitor Program (SEVP) certification to enroll F and/or M nonimmigrant students to improve oversight of flight training providers that enroll F or M students. AILA Doc. No. 12121268.
AILA Doc. No. 12121268.
USCIS Policy Memo on Determining When Adoptions Are Valid for INA Purposes
(608 KB - 12/5/2012)
USCIS 11/6/12 policy memo on amending the Adjudicator’s Field Manual (AFM) to provide guidance on whether an “adoption” is valid for immigration purposes. AILA Doc. No. 12120577.
AILA Doc. No. 12120577.
USCIS Policy Memo on Exceptions for Permitting Filing of Form I-601 & Form I-212
(529 KB - 12/5/2012)
USCIS 11/30/12 policy memo providing guidance and procedures regarding the circumstances when it is permissible for international USCIS managers to allow the filing of a Form I-601 and any associated Form I-212. AILA Doc. No. 12120568.
AILA Doc. No. 12120568.
CIS Ombudsman Recommendation on Survivor Benefits Under INA Section 204(l)
(644 KB - 11/26/2012)
CIS Ombudsman’s 11/26/12 recommendations on improving the adjudication of applications and petitions for surviving beneficiaries under INA §204(l), including a recommendation to USCIS to stop treating survivor benefit requests as a form of discretionary reinstatement. AILA Doc. No. 12112641.
AILA Doc. No. 12112641.
FOIA Lawsuit Uncovers H-1B Fraud and Compliance Assessment Documents (Updated 11/19/12)
Documents pertaining to the adjudication of H-1B petitions and the implementation of the September 2008 H-1B Benefit Fraud & Compliance Assessment report, released during the course of a FOIA lawsuit filed by AIC/LAC and Steptoe & Johnson on behalf of AILA. AILA Doc. No. 12052147.
AILA Doc. No. 12052147.
USCIS Filing Tips for Deferred Action for Childhood Arrivals
(604 KB - 11/19/2012)
USCIS fact sheet reminding people that consideration for deferred action for childhood arrivals involves several steps, including multiple forms, evidence and fees. This fact sheet provides tips to avoid having requests rejected or delayed because of common filing errors. AILA Doc. No. 12111945.
AILA Doc. No. 12111945.
USCIS Guidance for Employers on Deferred Action for Childhood Arrivals (DACA)
(1005 KB - 11/19/2012)
USCIS fact sheet providing specific guidance to employers on the treatment of employment authorization documents (EADs) issued by USCIS to deferred action for childhood arrival (DACA) recipients and how employers should process Form I-9 in these cases. AILA Doc. No. 12111944.
AILA Doc. No. 12111944.
ICE Guide for DSOs on Students and MAVNI
(528 KB - 11/14/2012)
ICE guide for Designated School Officials (DSOs) on students and Military Accessions Vital to the National Interest (MAVNI), a program that allows certain non-citizens who are legally present in the U.S. to join the U.S. military and immediately apply for citizenship. AILA Doc. No. 12111441.
AILA Doc. No. 12111441.
ICE Directive on Employee Code of Conduct
(1168 KB - 11/13/2012)
ICE directive dated 8/7/12 setting forth general standards of conduct for ICE employees, including information on loyalty, honesty, courtesy, professionalism, and ethical standards; proper use of government property, including information; and prohibitions on misconduct. AILA Doc. No. 12111345.
AILA Doc. No. 12111345.
USCIS Policy Memo on Home Study Issues for Intercountry Adoption Cases
(540 KB - 11/7/2012)
USCIS 11/5/12 policy memo on jurisdiction issues when an approved Form I-600A expires while a Form I-600 petition is pending and also dealing with application of home study age restrictions to Form I-600A and Form I-800A approvals and adjudications. AILA Doc. No. 12110757.
AILA Doc. No. 12110757.
DHS Letter on Enforcement Operations During Hurricane Sandy
(568 KB - 10/29/2012)
DHS letter on CBP and ICE enforcement actions during Hurricane Sandy, stating that there will not be immigration enforcement initiatives associated with evacuations or sheltering related to Sandy, including the use of checkpoints for immigration purposes. AILA Doc. No. 12102942.
AILA Doc. No. 12102942.
CIS Ombudsman Recommendation on EAD Processing
(305 KB - 7/18/2011)
A 7/18/11 CIS Ombudsman recommendation on how USCIS could improve employment authorization document (EAD) processing, such as by reestablishing local authority to adjudicate EAD requests and by establishing uniform processing time goals for EAD applications. AILA Doc. No. 11071868.
AILA Doc. No. 11071868.
USCIS Response to CIS Ombudsman Recommendations to Improve Quality of Responses
(906 KB - 10/23/2012)
A 6/14/12 memo from Rebecca Carson to Debra Rogers, responding to the Ombudsman’s recommendations to improve the quality of responses to inquiries from individuals and employers. AILA Doc. No. 12102347.
AILA Doc. No. 12102347.
USCIS Response to CIS Ombudsman Recommendation on Extraordinary Ability Adjudications
(1353 KB - 10/19/2012)
An 8/31/12 memo from Lori Scialabba to Debra Rogers, responding to the Ombudsman’s recommendations to improve the quality in extraordinary ability and other employment-based adjudications, stating that training with examples for visa classifications has been piloted. AILA Doc. No. 12101950.
AILA Doc. No. 12101950.
USCIS Response to CIS Ombudsman Recommendations on PIMS
(469 KB - 10/19/2012)
An 8/13/12 memo from Lori Scialabba to Debra Rogers, responding to the Ombudsman’s recommendations on PIMS by disagreeing with their recommendations, including stating that USCIS will not make photocopies of Form I-129s that are received without a duplicate. AILA Doc. No. 12101948.
AILA Doc. No. 12101948.
ICE Memo on Enforcement Actions At or Focused on Sensitive Locations
(732 KB - 10/17/2012)
ICE memo dated 10/24/11 on ICE policies regarding certain enforcement actions by ICE officers and agents at or focused on sensitive locations such as schools and churches. AILA Doc. No. 12101748.
AILA Doc. No. 12101748.
HSI Memo on Electronically Generated Form I-9s
(1204 KB - 10/12/2012)
An Homeland Security Investigations (HSI) memo dated 8/22/12 providing guidance to HSI field offices on the collection of electronically generated Form I-9s and the minimum electronic audit trail requirements for use in contemplating civil fines. AILA Doc. No. 12101240.
AILA Doc. No. 12101240.
ICE Memo on Prosecutorial Discretion for Long-term, Same-sex Partners
(582 KB - 10/10/2012)
An ICE memo dated 10/5/12 clarifying how prosecutorial discretion should apply to family relationships involving long-term, same-sex partners, including information on which same-sex relationships “rise to the level of family relationships.” AILA Doc. No. 12101040.
AILA Doc. No. 12101040.
ICE Directive on Sexual Abuse and Assault Prevention and Intervention
(1239 KB - 10/4/2012)
ICE directive on sexual abuse and assault prevention and intervention, dated 5/11/12. The directive covers procedures for preventing sexual abuse of persons in ICE custody, timely notification of allegations, response and intervention, and monitoring incidents. AILA Doc. No. 12100432.
AILA Doc. No. 12100432.
USCIS Interim Memo on Designation of Military Physicians as Civil Surgeons
(743 KB - 10/2/2012)
USCIS 9/26/12 interim policy memo for comment on granting military physicians a blanket designation as civil surgeons to facilitate the medical exam required for members and veterans of the Armed Forces and certain eligible dependents. Comments are due 10/16/12. AILA Doc. No. 12100263.
AILA Doc. No. 12100263.
Napolitano Letter on Prosecutorial Discretion for LGBT Individuals
(472 KB - 9/28/2012)
A letter from DHS Secretary Janet Napolitano dated 9/27/12 announcing that she directed ICE to disseminate guidance to the field clarifying that "family relationships" includes long-term, same-sex partners for the purposes of prosecutorial discretion. AILA Doc. No. 12092849.
AILA Doc. No. 12092849.
Message from New CIS Ombudsman Maria Odom
(741 KB - 9/28/2012)
Letter from new Citizenship and Immigration Services (CIS) Ombudsman Maria Odom on serving as the next CIS Ombudsman taking the reins from Acting Ombudsman Debra Rogers who held the position previously for the past six months. AILA Doc. No. 12092847.
AILA Doc. No. 12092847.
CBP Memo on Processing L-1 Petitions at Ports of Entry
(673 KB - 9/21/2012)
CBP 4/22/11 memo on the collection of fees and processing of L-1 petitions at U.S. ports of entry. CBP indicates that it will reject an application that is marked “change in previously approved employment.” Obtained through FOIA, with special thanks to Michael Nowlan. AILA Doc. No. 12092149.
AILA Doc. No. 12092149.
CIS Ombudsman Formal Recommendation on Asylum Process for Unaccompanied Alien Children (UACs)
(735 KB - 9/21/2012)
CIS Ombudsman 9/20/12 formal recommendations called “Ensuring a Fair & Effective Asylum Process for Unaccompanied Children” on the handling of asylum claims filed by minors designated as unaccompanied alien children (UACs). AILA Doc. No. 12092147.
AILA Doc. No. 12092147.
USCIS FAQs on Consideration of Deferred Action for Childhood Arrivals (Updated 9/14/12)
(908 KB - 9/14/2012)
USCIS updated FAQs, as of 9/14/12 on DACA. New FAQs include information on travel, G-28s for attorneys providing pro bono services at group events, listing social security numbers, documenting continuous residence, information for employers, and more. AILA Doc. No. 12091448.
AILA Doc. No. 12091448.
DHS Letter on Immigration Enforcement During Tropical Storm Isaac
(562 KB - 8/28/2012)
DHS letter from 8/27/12 stating that there will be no immigration enforcement initiatives associated with evacuations or sheltering related to Tropical Storm Isaac, including the use of checkpoints for immigration enforcement purposes in impacted areas during an evacuation. AILA Doc. No. 12082841.
AILA Doc. No. 12082841.
CBP Issues Memo on Admissions Stamp on Form I-20
(675 KB - 8/22/2012)
CBP memo dated 8/10/12 instructing officers to cease the practice of placing an admission stamp on Forms I-20 A-B and I-20 M-N presented by prospective and returning students seeking admission to the U.S. AILA Doc. No. 12082242.
AILA Doc. No. 12082242.
ICE Releases Updated Form 71-012, Parole Advisal and Scheduling Notification Form
(304 KB - 8/17/2012)
Updated Form 71-012, used to notify arriving aliens who receive a credible fear finding of the parole review process, including expanded information on documents for ICE to consider when assessing whether to parole an individual from detention. AILA Doc. No. 12081744.
AILA Doc. No. 12081744.
USCIS Policy Memo on Religious Accommodations during Photograph & Fingerprint Capture
(519 KB - 8/13/2012)
USCIS 7/23/12 policy memo on when accommodations are to be offered to individuals wearing religious headwear or professing religious beliefs during the capture of photographs or fingerprints by USCIS employees and contractors. AILA Doc. No. 12081344.
AILA Doc. No. 12081344.
USCIS Interim Memo on Home Study Issues in Intercountry Adoptions
(755 KB - 8/8/2012)
USCIS 7/23/12 interim policy memo for comment providing guidance in two distinct areas pertaining to suitability determinations in intercountry adoption cases regarding home study issues. Comments due by 8/21/12. AILA Doc. No. 12080853.
AILA Doc. No. 12080853.
USCIS Brochure on How to Request Deferred Action for Childhood Arrivals
(1418 KB - 8/3/2012)
USCIS 8/3/12 brochure on how to request consideration of deferred action for childhood arrivals, including information on eligibility criteria, supporting evidence, request procedures, fees, confidentiality, and more. AILA Doc. No. 12080363.
AILA Doc. No. 12080363.
USCIS Memo on Implementation of Reasonable Fear Processing Timelines
(2220 KB - 7/31/2012)
USCIS memo dated 4/17/12 on implementing reasonable fear processing timelines and reporting mechanisms. The memo revises the 2003 “Draft Reasonable Fear Procedures Manual,” and updates the 2005 “User's Guide to Entering Information in the Asylum Pre-Screening System.” AILA Doc. No. 12073156.
AILA Doc. No. 12073156.
USCIS Interim Memo on Adoption Validity for INA Purposes
(806 KB - 7/19/2012)
USCIS 7/9/12 interim policy memo for comment on amending the Adjudicator's Field Manual to provide further guidance on whether an “adoption” is valid for immigration purposes. Comments due by 7/31/12. AILA Doc. No. 12071944.
AILA Doc. No. 12071944.
USCIS Interim Memo on Chinese & Guatemalan Orphan Adoption Cases
(731 KB - 7/19/2012)
USCIS 7/9/12 interim memo for comment on upcoming expiration of status for certain Chinese & Guatemalan ‘grandfathered’ orphan adoption cases which is available only if cases were already pending when Hague Convention went into effect on 4/1/08. Comments due by 7/31/12. AILA Doc. No. 12071942.
AILA Doc. No. 12071942.
USCIS Policy Memo on Material Support Bar Exemptions for KLA Activities
(753 KB - 7/13/2012)
USCIS 7/5/12 policy memo on Secretary Napolitano exercising discretionary authority not to apply certain terrorism-related inadmissibility grounds for certain aliens on voluntary activities or associations relating to the Kosovo Liberation Army (KLA). AILA Doc. No. 12071343.
AILA Doc. No. 12071343.
U.S.-Based Group Can Be “Internationally Recognized” for P-1 Purposes
(754 KB - 7/9/2012)
A 12/31/11 USCIS memorandum confirms that “internationally recognized entertainment groups” includes U.S.-based groups and that an individual performer may be eligible for P-1B status to join a U.S.-based group, but P-1S essential support personnel may not. AILA Doc. No. 12070952.
AILA Doc. No. 12070952.
ICE Memo on the Exercise of Prosecutorial Discretion for Certain Young People
(667 KB - 6/19/2012)
A 6/15/12 ICE memo addressed to all ICE employees concerning the exercise of prosecutorial discretion for certain individuals who entered the U.S. as a child, noting that additional guidance is forthcoming. AILA Doc. No. 12061946.
AILA Doc. No. 12061946.
DHS FAQs on Deferred Action For Eligible DREAMers
(498 KB - 6/15/2012)
DHS FAQs on the deferred action process for certain young people who were brought to the U.S. as young children, including information on who is eligible to receive deferred action, how the directive will be implemented, eligibility for employment authorization, and more. AILA Doc. No. 12061545.
AILA Doc. No. 12061545.
DHS Memo on Deferred Action Process for Certain Young People
(547 KB - 6/15/2012)
DHS 6/15/12 memo from Janet Napolitano stating that certain young people who were brought to this country as children lacked the intent to violate the law & specific criteria should be satisfied before an individual is considered for an exercise of prosecutorial discretion. AILA Doc. No. 12061544.
AILA Doc. No. 12061544.
USCIS Policy Memo Revises I-20/DS-2019 Procedures for I-539s
(1320 KB - 6/7/2012)
A 6/1/12 memo provides that USCIS will accept a scanned I-20/DS-2019 with an ELIS-filed Application to Extend/Change Nonimmigrant Status and will accept a photocopy for all other applications. USCIS will provide stamped SEVIS forms through InfoPass for a temporary period. AILA Doc. No. 12060751.
AILA Doc. No. 12060751.
USCIS Policy Memo on Requests to Expedite Adjudication of Form I-601
(516 KB - 6/7/2012)
USCIS 6/6/12 policy memo on how USCIS processes requests to expedite the adjudication of Forms I-601, Application for Waiver of Grounds of Inadmissibility, filed by individuals outside of the U.S. The receipt notice template, Appendix 41-5, is attached following the memo. AILA Doc. No. 12060750.
AILA Doc. No. 12060750.
USCIS Interim Memo on Filing I-601 & I-212 Forms at International Offices (Updated 6/7/12)
(712 KB - 6/7/2012)
USCIS 5/31/12 interim memo for comment providing guidance and procedures regarding the circumstances when it is permissible for international USCIS managers to allow the filing of a Form I-601 and any associated Form I-212. Comments are due 6/13/12. AILA Doc. No. 12053142.
AILA Doc. No. 12053142.
USCIS Policy Memo on Locally Filed I-130 Forms
(511 KB - 5/29/2012)
USCIS policy memorandum from 5/14/12 providing guidance and procedures for managers when responding to requests by DOS to accept a locally filed Form I-130 where USCIS does not have a presence. AILA Doc. No. 12052941.
AILA Doc. No. 12052941.
USCIS Final Memo on the Role of Private Attorneys
(566 KB - 5/29/2012)
A 5/23/12 USCIS policy memo updates the Adjudicator’s Field Manual and provides general guidance regarding the role of private attorneys and other representatives who appear before USCIS. This memo replaces the 12/21/11 interim memo. AILA Doc. No. 12052940.
AILA Doc. No. 12052940.
CBP Field Guidance on Automatic Revalidation of Visas
(587 KB - 5/23/2012)
A 5/23/12 memo and weekly undated muster instructs CBP field management that the validity of an expired nonimmigrant visa may be considered to be automatically extended to the date of application for readmission at a port of entry. AILA Doc. No. 12052359.
AILA Doc. No. 12052359.
USCIS Memo in Response to H-1B Benefit Fraud and Compliance Assessment Findings
(659 KB - 5/22/2012)
A 10/31/08 USCIS memorandum from Donald Neufeld providing guidance on process and policy changes USCIS planned to implement in response to findings from the H-l B Benefit Fraud and Compliance Assessment. AILA Doc. No. 12052252.
AILA Doc. No. 12052252.
CIS Ombudsman Recommendations on Petitioner Information Management Service (PIMS)
(627 KB - 5/17/2012)
CIS Ombudsman’s Office 5/16/12 recommendations to USCIS focusing on their responsibility to provide the DOS with information used in reviewing and adjudicating employment-based nonimmigrant visa requests to improve interagency coordination, efficiency, and customer service. AILA Doc. No. 12051750.
AILA Doc. No. 12051750.
USCIS Guidance on EB-5 Adjudications on Tenant-Occupancy Methodology
(508 KB - 5/11/2012)
USCIS guidance memo from 5/8/12 on the question of USCIS’ practice of giving deference to prior adjudications and implementations in an EB-5 case in which the petitioner has used the “tenant-occupancy” economic methodology to prove the required creation of U.S. jobs. AILA Doc. No. 12051148.
AILA Doc. No. 12051148.
ICE FAQs on Facilitating the Return of Certain Removed Aliens
(638 KB - 4/26/2012)
ICE Frequently Asked Questions (FAQs) about ICE Policy Directive Number 11061.1, Facilitating the Return to the United States of Certain Lawfully Removed Aliens, including information on points of contact, transportation documentation, what happens upon return, and more. AILA Doc. No. 12042642.
AILA Doc. No. 12042642.
DHS Releases Guidance on Treatment of Individuals Previously Subject to NSEERS
(827 KB - 4/26/2012)
An 4/16/12, DHS memorandum provides revised guidance on the treatment of individuals previously subject to NSEERS. The memo clarifies that negative consequences for failure to comply with NSEERS will only attach where it is found that the failure was willful. AILA Doc. No. 12042661.
AILA Doc. No. 12042661.
ICE Notice to Noncitizens with Final Orders Seeking Judicial Review
(486 KB - 4/26/2012)
ICE notice to noncitizens who have received an administratively final order of removal from an immigration judge, the BIA, or DHS concerning the process for facilitating their return in the event of a favorable judicial ruling. AILA Doc. No. 12042660.
AILA Doc. No. 12042660.
USCIS Response to CIS Ombudsman Recommendations on EADS
(1322 KB - 4/17/2012)
An 4/11/12 memo from Lori Scialabba to Debra Rogers, responding to the Ombudsman’s recommendations on meeting the 90-day mandate for adjudicating EADs and minimizing the impact of delays on individuals and employers. AILA Doc. No. 12041739.
AILA Doc. No. 12041739.
USCIS Interim Memo on Immigration Benefits for Transgender Individuals
(310 KB - 4/13/2012)
A 4/13/12 USCIS interim memo for comment on USCIS policy regarding assigning appropriate gender designations on documents issued to transgender individuals & the adjudication of benefits applications involving the marriage of transgender individuals. Comments are due 4/27/12. AILA Doc. No. 12041360.
AILA Doc. No. 12041360.
USCIS EB-5 Training Materials
USCIS EB-5 training materials (through May 2011) as released to IIUSA through their FOIA request. Courtesy of IIUSA. AILA Doc. No. 12040648.
AILA Doc. No. 12040648.
USCIS Draft RFE Template for Extension of New Office L-1As
(559 KB - 4/4/2012)
USCIS draft Request for Evidence (RFE) template for comment on I-129 L-1 Intracompany Transferee: L-1A New Office – Extension after the First Year. Comments are due by 5/1/12. AILA Doc. No. 12040457.
AILA Doc. No. 12040457.
USCIS Memo on Expedited Case Review for Some Administrative Errors
(1679 KB - 4/4/2012)
A 3/23/12 instructional memo from USCIS outlining the expedited case review process for specifically-defined administrative errors requiring corrective action where they believe that a USCIS data entry/administrative error resulted in an adverse adjudicative action. AILA Doc. No. 12040452.
AILA Doc. No. 12040452.
CIS Ombudsman Recommendation on Customer Service Training
(523 KB - 8/16/2004)
Official CIS Ombudsman recommendation encouraging USCIS to require all USCIS employees who interface with immigration customers be required to enroll and complete available no-charge customer service training courses. AILA Doc. No. 04081697.
AILA Doc. No. 04081697.
CIS Ombudsman Recommendation on Forms Packages
(531 KB - 10/6/2004)
Official CIS Ombudsman recommendation encouraging USCIS to provide customers with a single forms package per type of petition/application regardless of which district office or service center will process the petition/application. AILA Doc. No. 04100699.
AILA Doc. No. 04100699.
CIS Ombudsman Recommendation on Premium Processing
(526 KB - 9/27/2004)
Official CIS Ombudsman recommendation encouraging USCIS to expand Premium Processing Service (PPS) to include employment-based change-of-status (I-539) applications. AILA Doc. No. 04092799.
AILA Doc. No. 04092799.
CIS Ombudsman Recommendation on Form I-9s
(523 KB - 8/16/2004)
Official CIS Ombudsman recommendation encouraging USCIS to allow employers to store Form I-9s electronically. AILA Doc. No. 04081698.
AILA Doc. No. 04081698.
CIS Ombudsman Recommendation on E-filing Fees
(528 KB - 8/16/2004)
Official CIS Ombudsman recommendation encouraging USCIS to establish a separate fee structure for the “e-filing” of applications and petitions so that a lower fee is permitted for filing an e-file application/petition. AILA Doc. No. 04081699.
AILA Doc. No. 04081699.
USCIS Memo on Maximum Period of Stay for R-1 Nonimmigrants
(270 KB - 3/9/2012)
USCIS memorandum regarding recapture of time spent outside the U.S. by R-1 nonimmigrant petitions religious workers. AILA Doc. No. 12030966.
AILA Doc. No. 12030966.
ICE Detention Policy for Individuals Granted Protection Relief
(286 KB - 3/8/2012)
A 3/6/12 email from ICE ERO Executive Associate Director Gary Mead to ICE field offices, reminding them of ICE’s policy to favor the release of detained individuals who have been granted protection relief by an immigration judge, barring exceptional concerns. AILA Doc. No. 12030860.
AILA Doc. No. 12030860.
CIS Ombudsman Recommendations on Improving Reponses to Inquiries
(466 KB - 3/7/2012)
Official CIS Ombudsman recommendation encouraging USCIS Director to implement improvements on national quality assurance review procedures for USCIS service requests & make quality a priority so that USCIS employees can provide customers with the best service possible. AILA Doc. No. 12030763.
AILA Doc. No. 12030763.
ICE Policy Memo on Facilitating the Return of Certain Removed Aliens
(300 KB - 3/2/2012)
A 2/24/12 policy memo from John Morton describing ICE’s policy for facilitating the return to the United States of certain lawfully removed aliens whose petitions for review are granted by a U.S. Court of Appeals or the U.S. Supreme Court. Courtesy of Maria Baldini-Potermin. AILA Doc. No. 12030260.
AILA Doc. No. 12030260.
USCIS Guide to Naturalization
(1057 KB - 2/29/2012)
USCIS’s Guide to Naturalization (M-476, revised 12/2011) was released to provide better and more consistent information to people interested in naturalization. AILA Doc. No. 12022962.
AILA Doc. No. 12022962.
ICE Performance-Based National Detention Standards 2011
(3091 KB - 2/28/2012)
ICE Performance-Based National Detention Standards 2011 (PBNDS 2011), establishing conditions of confinement, program operations, and management expectations within the ICE detention system. AILA Doc. No. 12022839.
AILA Doc. No. 12022839.
USCIS Announces Expansion of E-Verify ‘Self Check’ Program
(31 KB - 2/9/2012)
USCIS press release from 2/9/12 announcing that Self Check, a free online service of E-Verify, which allows workers to check their own employment eligibility status, is now currently available in all 50 states, Washington, DC and other US territories. AILA Doc. No. 12020963.
AILA Doc. No. 12020963.
ICE Releases New Detainee Transfer Policy
(9535 KB - 2/2/2012)
ICE directive, effective 1/4/12, establishing new requirements for the transfer of immigration detainees. ICE states that the new policy will substantially reduce the transfer of detainees who have family members, attorneys, or pending immigration proceedings in the area. AILA Doc. No. 12020260.
AILA Doc. No. 12020260.
Employer Best Practices During Worksite Enforcement Audits
(85 KB - 1/27/2012)
Flyer with Employer Best Practices During Worksite Enforcement Audits from the DOJ’s Office of Special Counsel. AILA Doc. No. 12012779.
AILA Doc. No. 12012779.
USCIS Asylum Division Training Program
USCIS Asylum Division Training Section of the USCIS website provides the training courses required for asylum officers both on a national level and at the field offices. AILA Doc. No. 12012760.
AILA Doc. No. 12012760.
USCIS Guidance on Adjudicating LGBT Refugee and Asylum Claims
(408 KB - 1/24/2012)
USCIS training module providing guidelines for adjudicating and considering immigration benefits, petitions, protections, or other immigration-related requests by (LGBTI) individuals, as well as related interviewing considerations. AILA Doc. No. 12012478.
AILA Doc. No. 12012478.
ICE SEVP Sends Broadcast Message on Driver’s Licenses and Social Security Numbers
(669 KB - 1/20/2012)
A 1/17/12 SEVP broadcast message highlighting the best practices for incoming F, M and J nonimmigrants to successfully obtain Social Security numbers and driver’s licenses. AILA Doc. No. 12012064.
AILA Doc. No. 12012064.
ICE Updates List of SEVP Approved Schools (Updated 01/20/12)
An updated list, as of 1/12/12, of ICE Student and Exchange Visitor Program approved schools. AILA Doc. No. 08100963.
AILA Doc. No. 08100963.
USCIS Interim Memo for Comment on Role of Private Attorneys
(806 KB - 1/17/2012)
USCIS interim memo for comment on general guidance regarding the role of private attorneys and other representatives who appear before USCIS. Memo effective 1/17/12. Comments are due 2/14/12. AILA Doc. No. 12011776.
AILA Doc. No. 12011776.
ICE Releases October 2010 “Mandatory Memo” on Secure Communities
(5148 KB - 1/17/2012)
An October 2010 ICE memo from ICE Deputy Legal Advisor Riah Ramlogan to ICE Assistant Deputy Director Beth Gibson presenting ICE’s legal arguments for making Secure Communities mandatory. The memo was made public only after several NGOs fought an extended legal battle. AILA Doc. No. 12011774.
AILA Doc. No. 12011774.
USCIS Interim Memo for Comment on Extension of Validity of Medical Certifications
(295 KB - 1/13/2012)
USCIS interim memo for comment on temporarily extending the validity of civil surgeon endorsements on Form I-693 for adjustment of status applicants. Memo effective 1/13/12. Comments are due 1/30/12. AILA Doc. No. 12011321.
AILA Doc. No. 12011321.
USCIS Responds to Ombudsman Asylum EAD Clock Recommendations
(354 KB - 1/12/2012)
A 1/4/12 memorandum from Lori Scialabba, USCIS Deputy Director, responding to the CIS Ombudsman’s recommendations on how to improve the asylum clock. Topics include clearly defining the agency roles, improving communication, providing notice to applicants, and more. AILA Doc. No. 12011262.
AILA Doc. No. 12011262.
USCIS Revised Draft Policy Memo on EB-5 Adjudications
(229 KB - 1/11/2012)
USCIS cover letter and revised draft policy memorandum on EB-5 adjudication based on stakeholder comments. AILA Doc. No. 12011122.
AILA Doc. No. 12011122.
USCIS Redline Version of Revised Draft Policy Memo on EB-5 Adjudications
(222 KB - 1/11/2012)
USCIS revised draft policy memorandum in redline version on EB-5 adjudication based on stakeholder comments. Original draft policy memorandum was dated 11/9/11. AILA Doc. No. 12011121.
AILA Doc. No. 12011121.
USCIS Draft RFE Template for L-1A Manager or Executive
(134 KB - 1/5/2012)
USCIS draft RFE template for comment on Form I-129, Petition for Nonimmigrant Worker, seeking L-1A nonimmigrant classification for manager or executive. Comments are due by 2/3/12. The draft RFE template follows the instructions page. AILA Doc. No. 12010573.
AILA Doc. No. 12010573.
USCIS Draft RFE Template for I-129 Blanket L-1 Classification
(137 KB - 1/5/2012)
USCIS draft RFE template for comment on Form I-129, Petition for Nonimmigrant Worker, seeking blanket L-1 classification. Comments are due by 2/3/12. The draft RFE template follows the instructions page. AILA Doc. No. 12010572.
AILA Doc. No. 12010572.
USCIS Draft RFE Template for L-1A New Office Petitions
(138 KB - 1/5/2012)
USCIS draft RFE template for comment on Form I-129, Petition for Nonimmigrant Worker, seeking L-1A Intracompany Transferees for new offices. Comments are due by 2/3/12. AILA Doc. No. 12010571.
AILA Doc. No. 12010571.
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