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Agencies & Liaison
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Agency Memos, Cables, Letters & Guidance
MOU Between USCIS and the CIS Ombudsman's Office
(1467 KB - 12/31/2009)
Pursuant to a FOIA request, AILA member Palma Yanni has received a copy of the January 2009 MOU between USCIS and the Ombudsman's office. AILA Doc. No. 09123162.
AILA Doc. No. 09123162.
USCIS Memo Provides Naturalization Guidance for Translators or Interpreters in Iraq or Afghanistan
(376 KB - 12/28/2009)
This 12/22/09 Memorandum from Donald Neufeld, Acting Associate Director, Domestic Operations, USCIS, provides guidance on the continuous residence exception for naturalization applicants who worked as translators or interpreters in Iraq or Afghanistan, pursuant to Section 1059(e) of the NDAA FY06. AILA Doc. No. 09281210.
AILA Doc. No. 09281210.
ICE Policy Directive: Parole of Arriving Aliens Found to Have a Credible Fear of Persecution or Torture
(1796 KB - 12/17/2009)
On 12/08/09, ICE released a policy directive regarding the granting of parole for arriving aliens found to have a credible fear of persecution or torture. AILA Doc. No. 09121760.
AILA Doc. No. 09121760.
Cerda Memo: Guidance on ICE Release Gratuity Program for Release Following Long-Term Immigration Detention
(758 KB - 12/15/2009)
This ICE memo from February 18, 2005, provides guidance on implementation of the release gratuity program for qualified non-citizens eligible for release following long-term immigration detention. AILA Doc. No. 09121563.
AILA Doc. No. 09121563.
USCIS Memo on Adjudication of EB-5 Regional Center Proposals, Form I-526 and Form I-829 Petitions
(13527 KB - 12/15/2009)
This 12/11/09, memorandum from Donald Neufeld, Acting Associate Director of Domestic Operations, USCIS, provides instruction to CSC personnel involved in the adjudication of EB-5 Regional Center Proposals, Form I-526 and Form I-829 Petitions. AILA Doc. No. 09121561.
AILA Doc. No. 09121561.
USCIS Memorandum Regarding Surviving Spouses of Deceased U.S. Citizens and their Children
(7920 KB - 12/14/2009)
USCIS offered a memorandum on 12/2/09, by Donald Neufeld, providing guidance to USCIS field offices and service centers on processing of Forms 1-130 and 1-485filed by surviving spouses of deceased U.S. citizens and the qualifying children of the surviving spouses. This memorandum supersedes an earlier memorandum on this subject, dated 11/13/09. AILA Doc. No. 09121430.
AILA Doc. No. 09121430.
SEVP Issues Questions Submitted for NAFSA Regional Conferences 2009
(312 KB - 12/10/2009)
On 12/9/09, SEVP issued questions submitted for NAFSA: Association of International Educators Regional Conferences. Topics included practical training, MAVNI Program and SEVIS, border commuter students, I-17 Updates, program dates and extensions of stay, H-1B and OPT, and online programs and short-term programs. AILA Doc. No. 09121032.
AILA Doc. No. 09121032.
USCIS Memorandum on Acceptance of H-1B Petitions without Certified LCAs
(283 KB - 12/10/2009)
USCIS offered a memorandum on November 5, 2009, by Donald Neufeld, which states that USCIS will temporarily accept H-1B petitions without the certified Labor Condition Applications from the Department of Labor (DOL) due to some glitches in the DOL iCERT system. AILA Doc. No. 09121035.
AILA Doc. No. 09121035.
ICE 287(g) MOAs/MOUs on ICE FOIA Reading Room
ICE released 287 (g) Memorandums of Agreement/Understanding with over 60 law enforcement agencies signed in 2009 on the ICE FOIA Reading Room. The MOAs are available by clicking on the header “287(g) - Memorandums of Agreement/Understanding” on the ICE FOIA Reading Room website. AILA Doc. No. 09120362.
AILA Doc. No. 09120362.
USCIS Letter to Senator Grassley on H-1B Fraud Prevention and Detection
(142 KB - 12/1/2009)
On 11/10/09, USCIS Director Alejandro Mayorkas responded to Senator Charles Grassley on USCIS efforts to prevent and detect fraud in the H-1B program. In 2010, USCIS plans to implement the Verification Initiative for Business Enterprises (VIBE) to verify information submitted by organizations that petition to employ an alien worker. AILA Doc. No. 09120161.
AILA Doc. No. 09120161.
USCIS Memo on Requirements for Agents and Sponsors Filing as Petitioners for the O and P Visa Classifications
(888 KB - 11/30/2009)
A 11/20/09 Donald Neufeld memo clarifying standards for adjudicating 0 and P petitions filed by a petitioner acting as a U.S. agent for a beneficiary who will be working for more than one employer within the same time period. AILA Doc. No. 09113064.
AILA Doc. No. 09113064.
USCIS Memo on Public Law 110-293, 42 CFR 34.2(b), and Inadmissibility Due to HIV Infection
(74 KB - 11/30/2009)
This memorandum provides guidance for applications involving HIV. Effective 1/4/10, HIV infection will no longer make an alien inadmissible under § 212(a)(1)(A)(i) of the INA. AILA Doc. No. 09113061.
AILA Doc. No. 09113061.
ICE Form I-9 Inspection Overview and Civil Fine Guidance
(2805 KB - 11/19/2009)
On November 19, 2009, ICE released guidance on Form I-9 inspections and civil fines. The guidance outlines the process of an I-9 inspection and provides five factors that ICE considers during the course of the inspection and when determining a recommended fine. AILA Doc. No. 09111920.
AILA Doc. No. 09111920.
ICE SEVP Policy Guidance for DSOs on Student Military Enlistment under the MAVNI Program
(91 KB - 11/18/2009)
On 11/17/09, ICE Student and Exchange Visitor Program issued updated policy guidance to designated school officials (DSOs) on F and M student enlistment in the U.S. military under the Military Accessions Vital to the National Interest Program (MAVNI). This policy guidance is intended to assist DSOs in applying regulatory requirements. AILA Doc. No. 09111866.
AILA Doc. No. 09111866.
ICE Memorandum on Discretion in Custody Determinations for Cases of Extreme or Severe Medical Concern
(273 KB - 11/16/2009)
ICE released a memorandum dated 12/11/06 on prosecutorial discretion when making custody determinations for aliens (adults and/or juveniles) who have severe medical conditions transferring from hospitals and social services or law enforcement agencies. AILA Doc. No. 09111678.
AILA Doc. No. 09111678.
ICE Secure Communities MOA with the State Identification Bureau Template
(47 KB - 11/6/2009)
11/5/09, ICE released the template of the Secure Communities Memorandum of Agreement with the State Identification Bureau on the ICE FOIA Electronic Reading Room. The MOA on SC implementation sets forth the responsibilities of ICE and the participating SIB related to biometric interoperability. AILA Doc. No. 09110670.
AILA Doc. No. 09110670.
2009 ICE Secure Communities Standard Operating Procedures
(103 KB - 11/6/2009)
On 11/5/09, ICE released the 2009 ICE Secure Communities Standard Operating Procedures on the FOIA Electronic Reading Room. This document details processes that enable the routing of response messages to the FBI and State Identification Bureaus to confirm identity and immigration status during incarceration booking. AILA Doc. No. 09110669.
AILA Doc. No. 09110669.
USCIS Memo on Additions to AFM on the Adjudication of Form I-751
(6538 KB - 11/6/2009)
On 10/09/09, USCIS issued a memorandum providing guidance to USCIS Immigration Field Officers on the adjudication of Form I-751, Petition to Remove Conditions on Residence where the CPR has a final order of removal, is in removal proceedings, or has filed an unexcused untimely petition or multiple petitions. AILA Doc. No. 09110667.
AILA Doc. No. 09110667.
USCIS Letter to Civil Surgeons on Revisions to Form I-693 and Changes to Medical Exam Requirements
(57 KB - 11/6/2009)
On 11/1/09, USCIS issued a letter to civil surgeons explaining recent revisions to Form I-693, Report of Medical Examination and Vaccination Record, and changes to the tuberculosis testing requirement for adjustment of status applicants. AILA Doc. No. 09110662.
AILA Doc. No. 09110662.
USCIS Memo Amends Adjudicator’s Field Manual on General Form I-140 Issues
(7594 KB - 11/4/2009)
On 09/14/09, USCIS issued a memorandum amending the Adjudicator’s Field Manual (AFM) on Form I-140 Issues (AFM Update AD07-26). The memo includes guidance on the determination of whether a US employer falls within the definition of INA § 203(b)(1)(B) in connection with a EB-1 petition filed on behalf of an outstanding professor or researcher. AILA Doc. No. 09110465.
AILA Doc. No. 09110465.
CIS Ombudsman Recommendation on Temporary Acceptance on LCAs for Certain H-1B Filings
(77 KB - 10/23/2009)
On 10/23/09, the CIS Ombudsman released a recommendation on "Temporary Acceptance of Filed Labor Condition Applications (LCAs) for Certain H-1B Filings." AILA Doc. No. 09102329.
AILA Doc. No. 09102329.
H-1B Compliance Review Report Site Visit Instructions (Updated 11/19/09)
USCIS H-1B Compliance Review Report instructions used by FDNS contractors conducting H-1B Administrative Site Visit compliance audits. AILA Doc. No. 09101461.
AILA Doc. No. 09101461.
Forman Worksite Enforcement Strategy Memo
(175 KB - 10/5/2009)
Following a FOIA request filed by AILA, ICE released an April 30, 2009, Memo laying out ICE’s new Worksite Enforcement Strategy. AILA Doc. No. 09100572.
AILA Doc. No. 09100572.
ICE Detention and Deportation Officer’s Field Manual
(2958 KB - 10/5/2009)
Following a FOIA request filed by AILA, ICE released a redacted version of the Detention and Deportation Officer’s Field Manual. AILA Doc. No. 09100571.
AILA Doc. No. 09100571.
MOU Establishes Local Procedures for Repatriation of Mexicans
(277 KB - 9/29/2009)
This MOU between the Consulate General of Mexico, and the Houston field offices of ICE and CBP establishes local procedures for the orderly and safe repatriation of Mexican Nationals from the U.S. to Mexico. AILA Doc. No. 09092968.
AILA Doc. No. 09092968.
Scialabba Memo Regarding Inadmissibility Due to HIV Infection
(2075 KB - 9/22/2009)
A September 15, 2009, memo from Lori Scialabba and Donald Neufeld, directs USCIS officers to hold in abeyance any waiver application and associated benefit request which would be denied under current law, if the only ground of inadmissibility is that the applicant has been diagnosed with HIV infection. AILA Doc. No. 09092268.
AILA Doc. No. 09092268.
USCIS Field Office Waiver Process Flow Chart
(30 KB - 9/17/2009)
Mr. Warren Janssen, the USCIS Field Office Director for Ciudad Juarez, provided AILA with the attached USCIS Field Office Waiver Process Chart for Ciudad Juarez, which is a flow chart related to the immigrant visa waiver process. AILA Doc. No. 09091767.
AILA Doc. No. 09091767.
E-Verify Users Manual
(3483 KB - 9/14/2009)
E-Verify Users Manual for general users, program administrators, and designated agents. AILA Doc. No. 09091462.
AILA Doc. No. 09091462.
CBP Muster on the Secure Certificate of Indian Status Card
(111 KB - 9/14/2009)
A 9/14/09 CBP muster advising CBP officers of the Secure Certificate of Indian Status (SCIS) card, which is a WHTI compliant document. The muster indicates four readily identifiable features on the card to prevent fraud. Muster obtained through FOIA 2011F03343 filed by AILA. AILA Doc. No. 11093042.
AILA Doc. No. 11093042.
E-Verify Supplemental Guide for Federal Contractors
(552 KB - 9/10/2009)
The E-Verify Supplemental Guide instructs federal contractors on the process for verifying employees through the E-Verify system. The E-Verify language in the regulation took effect on September 8, 2009. AILA Doc. No. 09091063.
AILA Doc. No. 09091063.
Neufeld Memo Provides Guidance Regarding Surviving Spouses of Deceased U.S. Citizens and Their Children (Revised 09/04/09)
(4961 KB - 9/10/2009)
A September 4, 2009, revised memo from Donald Neufeld, Acting Associate Director, Office of Domestic Operations, USCIS, replaces a June 15, 2009, memo and provides guidance regarding new procedures for deferred action for surviving spouses of deceased U.S. Citizens and their children. AILA Doc. No. 09091062.
AILA Doc. No. 09091062.
USCIS Memo on Successor-in-Interest Determinations in Adjudication of Form I-140 Petitions
(7917 KB - 9/3/2009)
An 8/6/09 memo from USCIS Acting Associate Director Donald Neufeld amending the current Adjudicator’s Field Manual guidance on factors for making successor-in-interest determinations in the adjudication of Form I-140, Immigrant Petition for Alien Worker. AILA Doc. No. 09090362.
AILA Doc. No. 09090362.
CBP Directive on Potential Terrorists Seeking Entry to U.S.
(2379 KB - 9/1/2009)
A 9/1/09 CBP Directive providing guidance and standard operating procedures for responding to known or suspected terrorists attempting to enter the U.S. Guidance obtained through the CBP FOIA Library and supersedes 2/23/04 and 1/25/99 directives. AILA Doc. No. 09090159.
AILA Doc. No. 09090159.
USCIS Memo to CIS Ombudsman on Improving the Filing and Review Process for Motions to Reopen or Reconsider
(87 KB - 8/31/2009)
An 8/18/09 memo from USCIS Acting Deputy Director Michael Aytes to Richard Flowers, Acting CIS Ombudsman responding to his recommendation that USCIS establish more uniform filing and review procedures for motions to reopen and reconsider among field offices and service centers as well as improve communication of those procedures to customers and stakeholders. AILA Doc. No. 09083167.
AILA Doc. No. 09083167.
USCIS Issues Guidance for Surviving Spouses of U.S. Citizens
(179 KB - 8/31/2009)
On 8/31/09 USCIS issued guidance on requesting deferred action for surviving spouses of U.S. citizens who died before the second anniversary of their marriage. FAQs and Fact Sheet follow. AILA Doc. No. 09083166.
AILA Doc. No. 09083166.
DHS Creates Social Networking Website Called “Our Border”
DHS now offers a social network website that allows for an open dialogue with a wide network of people interested in Southwest border issues. The website offers groups such as Comprehensive Immigration Reform, USCIS, CBP, and ICE. AILA Doc. No. 09082664.
AILA Doc. No. 09082664.
CBP Field Guidance on Border Searches
(10622 KB - 8/20/2009)
Documents re-sent 8/20/09 to management on border searches include 8/25/09 PIA report; 7/5/07, 7/18/08 & 12/11/08 memos; 8/18/09 ICE & 8/20/09 CBP directives; 2007 & 2008 musters, and Detroit, Buffalo, Miami & San Juan SOPs. Guidance obtained through the CBP FOIA Library. AILA Doc. No. 09082059.
AILA Doc. No. 09082059.
Neufeld Memo Provides Guidance on H-2A and H-2B Cases
(334 KB - 8/19/2009)
A 6/24/09 Memo from USCIS Acting Associate Director, Donald Neufeld, provides guidance for processing and adjudicating Form I-129, Petition for Nonimmigrant Worker, filed on behalf of H-2A agricultural temporary workers and H-2B nonagricultural temporary workers. AILA Doc. No. 09081960.
AILA Doc. No. 09081960.
Neufeld Memo Clarifying Guidance on the Implementation of the District Court's Order in
Ruiz-Diaz v. United States
(3433 KB - 8/14/2009)
An 8/5/09 memo from USCIS Acting Associate Director Donald Neufeld that clarifies and supersedes the guidance provided in the 6/25/09 memo. It addresses who is an eligible applicant under
and clarifies periods of unlawful presence, unlawful status and unauthorized employment. AILA Doc. No. 09081473.
AILA Doc. No. 09081473.
Neufeld Memo on Conditional Permanent Residents and Naturalization under Section 319(b)
(67 KB - 8/7/2009)
This 8/4/09 memo from Donald Neufeld provides field guidance and updates the Adjudicator’s Field Manual (AFM) to address circumstances under which an alien who was admitted as a lawful permanent resident on a conditional basis pursuant to section 216 of the INA may be naturalized under section 319(b) prior to the removal of the conditions. AILA Doc. No. 09080761.
AILA Doc. No. 09080761.
New ICE 287(g) Memorandum of Agreement Obtained by NC News Outlet
On 7/10/09 DHS announced a new Memorandum of Agreement (MOA) for “287(g)” partnerships with local law enforcement, which defines the objectives of the program. A North Carolina news organization has posted a copy of the new MOA. AILA Doc. No. 09072369.
AILA Doc. No. 09072369.
Neufeld Memo on Adjudication of I-751 for Legally Separated Couple, Where Marriage is Not Yet Terminated
(1827 KB - 7/21/2009)
A 4/3/09 memo from Donald Neufeld, Acting Associate Director, USCIS provides guidance on the adjudication of an 1-751 petition if the conditional permanent resident and petitioning spouse are legally separated, or have initiated divorce or annulment proceedings, but the marriage has not been terminated. AILA Doc. No. 09072166.
AILA Doc. No. 09072166.
Neufeld Memo on Period of Authorized Stay for P-1S Individual Athletes’ Support Personnel
A 7/14/09 memo from Donald Neufeld, Acting Associate Director, Domestic Operations, USCIS, extends guidance on the period of authorized stay for P-1 nonimmigrant individual athletes to P-1S essential support personnel for individual athletes. AILA Doc. No. 09071660.
AILA Doc. No. 09071660.
USCIS Posts NCSC Scripts to Website
USCIS posted links to scripts used by the National Customer Service Center (NCSC). The scripts help practitioners by providing a roadmap to the assistance provided by the NCSC. AILA Doc. No. 09071472.
AILA Doc. No. 09071472.
ICE Presentation for Employers on its Worksite Enforcement Program
(1373 KB - 7/10/2009)
This document is an ICE PowerPoint presentation titled "Worksite Enforcement Program: The New Form I-9 and the Importance of a Comprehensive Immigration Compliance Model," which ICE uses in trainings for employers. AILA Doc. No. 09071073.
AILA Doc. No. 09071073.
Neufeld Memo Implements District Court Order in Ruiz-Diaz Regarding I-360 Religious Workers
(85 KB - 6/29/2009)
A 6/25/09 memo from Donald Neufeld, Acting Associate Director, USCIS, implements the district court’s order in
Ruiz-Diaz v. United States
. (W.D. WA, 6/11/09). The order concerns individuals seeking classification as religious workers and their ability to concurrently file an adjustment application and apply for employment authorization. AILA Doc. No. 09062964.
AILA Doc. No. 09062964.
Aytes Memo Responds to CIS Ombudsman's Recommendation on Payment Methods for USCIS Filing Fees
(70 KB - 6/29/2009)
In a 6/3/09 memo, Michael Aytes, Acting Deputy Director, USCIS, responds to the CIS Ombudsman's Recommendation 41 regarding payment methods for USCIS filing fees and other costs. AILA Doc. No. 09062963.
AILA Doc. No. 09062963.
Velarde Memo Provides Clarification of Evidence Required to Satisfy the U.S. Interest Requirement for H-2A or H-2B Beneficiaries
(52 KB - 6/17/2009)
A June 1, 2009, memo from Barabara Velarde, Chief Service Center Operations, provides clarification regarding the evidence required to satisfy the U.S. interest requirement for beneficiaries from countries not listed on the H-2A or H-2B eligible countries list. AILA Doc. No. 09061766.
AILA Doc. No. 09061766.
Washington Chapter E-Verify PowerPoint Presentation and Q&As
On April 9, 2009, Nadia Khawaja of the USCIS Verification Division gave a presentation to the Washington State AILA Chapter regarding E-Verify. The Washington Chapter has provided AILA with a copy of the PowerPoint presentation and E-Verify Q&As. AILA Doc. No. 09062461.
AILA Doc. No. 09062461.
Neufeld Memo Provides Guidance on Equivalency of Foreign and U.S. Medical Degrees
(107 KB - 6/22/2009)
A 6/12/09 memo from Donald Neufeld, Acting Associate Director, Domestic Operations, USCIS, provides guidance on the adjudication of Form I-140 for physicians, regarding whether a foreign medical degree is equivalent to a U.S. medical degree, and is thus an advanced degree for EB-2 purposes. AILA Doc. No. 09062260.
AILA Doc. No. 09062260.
Neufeld Memo on EB-5 Program Job Creation and the Meaning of Full-Time Positions
(128 KB - 6/19/2009)
A 6/17/09 memo from Donald Neufeld, Acting Associate Director, Domestic Operations, updates the AFM and provides instruction related to the timing of job creation and the meaning of “full-time” positions in the EB-5 program. AILA Doc. No. 09061964.
AILA Doc. No. 09061964.
USCIS Manual on Adjudication of Immigrant Waivers
On April 28, 2009, USCIS issued a manual on adjudication of immigrant waivers for overseas adjudicators. AILA Doc. No. 09061772.
AILA Doc. No. 09061772.
Aytes Memo Responds to CIS Ombudsman’s EB-5 Program Recommendations
(77 KB - 6/17/2009)
In a 6/12/09 memo, Michael Aytes, Acting Deputy Director, USCIS, responds to the CIS Ombudsman's Recommendation 40 regarding the Employment Creation Immigrant Visa (EB-5) program. AILA Doc. No. 09061770.
AILA Doc. No. 09061770.
Neufeld Memo Provides Guidance Regarding Surviving Spouses of Deceased U.S. Citizens and Their Children
(456 KB - 6/17/2009)
A June 15, 2009, memo from Donald Neufeld, Acting Associate Director, Office of Domestic Operations, provides guidance to the field on surviving spouses of deceased U.S. Citizens and their children. It describes a new process allowing individuals to apply for deferred action. AILA Doc. No. 09061764.
AILA Doc. No. 09061764.
Aytes Memo Responds to CIS Ombudsman's Recommendation on Improving the Process for T & U Visa Applicants
(79 KB - 5/29/2009)
In a 5/22/09 memo Michael Aytes, Acting Deputy Director, USCIS, responds to the CIS Ombudsman's Recommendation 39: "Improving the Process for Victims of Trafficking and Certain Criminal Activity: The T and U Visas." AILA Doc. No. 09052964.
AILA Doc. No. 09052964.
Velarde Memo Provides Guidance on Requirements for H-1B Beneficiaries Seeking to Practice in a Health Care Occupation
(87 KB - 5/27/2009)
A May 20, 2009, memo from Barbara Velarde, Chief USCIS Service Center Operations, provides guidance to the field on requirements for H-1B beneficiaries seeking to practice in a heath care occupation. AILA Doc. No. 09052766.
AILA Doc. No. 09052766.
Aytes Memo Revises Guidance on Adjudication of Cases Involving Material Support Provided to a Terrorist Organization
A 2/13/09 memo from Michael Aytes, Acting Deputy Director, USCIS, provides revised guidance on the adjudication of cases where an alien provided material support to a terrorist organization described in INA Sections 212(a)(3)(B)(vi)(I) or (II). AILA Doc. No. 09052173.
AILA Doc. No. 09052173.
Neufeld Memo Revises Guidance on Adjudication of Form I-90
A 2/6/09 memo from Donald Neufeld, Acting Associate Director, USCIS, pertains to the adjudication of Form 1-90, Application to Replace Permanent Resident Card, and amends previous guidance established in the 7/11/06 memo titled, Disposition of Cases Involving Removable Alien. AILA Doc. No. 09051933.
AILA Doc. No. 09051933.
Neufeld/Scialabba/Chang Memo on Consolidation of Guidance on Unlawful Presence
(3409 KB - 5/14/2009)
A 5/6/09 memo from Donald Neufeld, Lori Scialabba and Pearl Chang consolidating USCIS guidance on unlawful presence from AFM Chapter 30.1 into Chapter 40.9, which provides comprehensive guidance concerning the accrual of unlawful presence and the resulting inadmissibility. AILA Doc. No. 09051468.
AILA Doc. No. 09051468.
USCIS Brochure: Naturalization Information for Military Personnel
(439 KB - 5/12/2009)
This June 2006 USCIS brochure provides information on the naturalization process and on eligibility for members of the U.S. Armed Forces. AILA Doc. No. 09051230.
AILA Doc. No. 09051230.
Neufeld Memo on Acceptance of DD Form 214 as Certification of Service for Armed Forces Veterans
(87 KB - 5/4/2009)
A 4/29/09 memo from Donald Neufeld, Acting Associate Director, USCIS, provides guidance on the acceptance of DD Form 214, Certificate of Release or Discharge from Active Duty, and Form N-426, Certificate of Military or Naval Service, to certify service in the Armed Forces for naturalization under INA section 328 or 329. It also updates the AFM. AILA Doc. No. 09050464.
AILA Doc. No. 09050464.
ICE / DRO Memo on Strip Search Policy for DHS Detainees
(861 KB - 5/1/2009)
A 10/15/07 memo from ICE DRO Director, John P. Torres, revising the National Detention Standards regarding detainee strip searches. AILA Doc. No. 09050121.
AILA Doc. No. 09050121.
CBP Automatic Revalidation Fact Sheet
(36 KB - 4/28/2009)
A 3/9/09 CBP fact sheet discusses the application of automatic revalidation to expired nonimmigrant visas of aliens who have been out of the U.S. for thirty days or less in contiguous territory (Canada and Mexico). AILA Doc. No. 09042869.
AILA Doc. No. 09042869.
Documents Provided to Employers through ICE's IMAGE Program
(1074 KB - 4/27/2009)
These documents are used by ICE in administering its Mutual Agreement between Government and Employers (IMAGE) program. The first document is a "Self-Assessment Questionnaire" for the employer, and the second is the agreement between ICE and the employer. AILA Doc. No. 09042767.
AILA Doc. No. 09042767.
DHS Instruction Sheet for Unaccompanied Alien Child Who Intends to File Asylum Application
This is a DHS instruction sheet for an unaccompanied alien child who has indicated the intent to file Form 1-589, Application for Asylum and for Withholding of Removal. AILA Doc. No. 09042234.
AILA Doc. No. 09042234.
Langlois Memo on Jurisdiction over Asylum Applications Filed by Unaccompanied Alien Children
(317 KB - 4/22/2009)
A 3/25/09 memo from Joseph Langlois, Chief, USCIS Asylum Division, provides notification and guidance to USCIS Asylum Offices regarding jurisdiction over asylum applications filed by unaccompanied alien children. AILA Doc. No. 09042230.
AILA Doc. No. 09042230.
AFM Update on Processing N-400s for Military Applicants
(195 KB - 4/20/2009)
This 4/15/09 memo from Donald Neufeld, Acting Associate Director, USCIS, provides guidance on the processing of N-400 applications filed by applicants in the military who fail to appear for their naturalization interview or fail to respond to a request for evidence. The memo revises Chapters 15 and 72 of the Adjudicator’s Field Manual. AILA Doc. No. 09042068.
AILA Doc. No. 09042068.
Neufeld and Chang Memo on SIJ Provisions of TVPRA Act
(104 KB - 4/16/2009)
A 3/24/09 memo from Donald Neufeld, Acting Associate Director, Domestic Operations, USCIS and Pearl Change, Acting Chief, Office of Policy and Strategy, USCIS provides guidance on the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, affecting adjudication of petitions filed for Special Immigrant Juvenile (SIJ) status. AILA Doc. No. 09041670.
AILA Doc. No. 09041670.
Neufeld Memo on Revisions to CDC's Technical Instructions for Civil Surgeons and Form I-693
(6503 KB - 4/16/2009)
A 3/19/09 memo from Donald Neufeld, Acting Associate Director, Domestic Operations Directorate, USCIS, revises the Adjudicator's Field Manual regarding health-related grounds of inadmissibility and provides guidance regarding the adjudication of Form I-693. AILA Doc. No. 09041669.
AILA Doc. No. 09041669.
SEVP Policy Guidance for DSOs on the OPT Extension
(667 KB - 4/7/2009)
On April 6, 2009, ICE/SEVP issued Policy Guidance to DSOs of SEVP-certified schools. The guidance relates to methods that the SEVP staff considers acceptable for implementation to F and M nonimmigrants, techniques the SEVP staff uses and data the SEVP staff needs to review student issues. AILA Doc. No. 09040761.
AILA Doc. No. 09040761.
Scialabba/Neufeld/Chang Memo Adds Chapter to AFM on Illegal Entrants and Immigration Violators
(2416 KB - 4/2/2009)
A 3/3/09 memo from Lori Scialabba, Donald Neufeld and Pearl Chang, USCIS, revises the AFM to include a new chapter, 40.6, regarding the interpretation of the grounds of inadmissibility contained in INA Section 212(a)(6), addressing illegal entrants and immigration violators. AILA Doc. No. 09040238.
AILA Doc. No. 09040238.
USCIS Q&As on Extension of Post Completion Practical Training and F-1 Status Under Cap Gap Regulations
(36 KB - 4/2/2009)
These 4/1/09 USCIS Q&As on post completion practical training and F-1 status under cap gap regulations address the automatic extension of F-1 student status in the U.S. for certain students with pending or approved H-1B petitions. AILA Doc. No. 09040236.
AILA Doc. No. 09040236.
ICE OPT Checklist for Employers
(104 KB - 4/1/2009)
ICE recently released a checklist for employers meant to serve as general guidance on the OPT application process. AILA Doc. No. 09040162.
AILA Doc. No. 09040162.
Aytes Memo Responds to CIS Ombudsman Recommendation 38 on E-Verify in Arizona
(73 KB - 3/31/2009)
A memo from Michael Aytes, Acting Deputy Director, USCIS, responds to the CIS Ombudsman's Recommendation 38, "Observations on the E-Verify Experience in Arizona and Recommended Customer Service Enhancements. " AILA Doc. No. 09033164.
AILA Doc. No. 09033164.
Aytes Memo Responds to CIS Ombudsman Recommendation 37 on Naturalization Oath Ceremonies
(86 KB - 3/31/2009)
A 3/27/09 memo from Michael Aytes, Acting Deputy Director, USCIS, responds to the CIS Ombudsman's Recommendation 37: Study and Recommendation on Naturalization Oath Ceremonies. AILA Doc. No. 09033163.
AILA Doc. No. 09033163.
Neufeld Memo Extending Validity of Civil Surgeon Endorsements for Adjustment Applicants
(493 KB - 3/26/2009)
A 12/10/08 memo from Donald Neufeld, Acting Associate Director, Domestic Operations, USCIS, temporarily extends the validity of civil surgeon endorsements on Form 1-693 for adjustment of status applicants. AILA Doc. No. 09032660.
AILA Doc. No. 09032660.
Aytes Memo Responds to CIS Ombudsman's Recommendation on Schedule A Nurse Visa Processing
(4712 KB - 3/24/2009)
In a 3/13/09 memo, USCIS Acting Deputy Director Michael Aytes responds to the CIS Ombudsman's Recommendation 36, Improving the Processing of "Schedule A" Nurse Visas. AILA Doc. No. 09032465.
AILA Doc. No. 09032465.
USCIS Releases Revised Version of Form I-129 and Instructions
On 3/20/09 USCIS posted an updated version of Form I-129, Petition for a Nonimmigrant Worker, and instructions to its website. The form and instructions have a revision date of 3/11/09. AILA Doc. No. 09032070.
AILA Doc. No. 09032070.
USCIS Releases Updated I-9 Handbook for Employers
(2014 KB - 3/19/2009)
USCIS released an updated Handbook for Employers with instructions for completing Form I-9, Employment Eligibility Verification Form. The handbook's revision date is 4/3/09. AILA Doc. No. 09031960.
AILA Doc. No. 09031960.
Sample ICE Notices to an Employer Regarding I-9 Inspections
These ICE documents are sample notices to the employer related to employment eligibility verification and workplace enforcement actions. AILA Doc. No. 09031660.
AILA Doc. No. 09031660.
USCIS List of Naturalization Publications and Study Materials
(288 KB - 3/11/2009)
On 3/10/09 USCIS released a list of naturalization publications for applicants, as well as study materials for the naturalization exam. AILA Doc. No. 09031169.
AILA Doc. No. 09031169.
Neufeld Memo Allows Athletes to File for New P-1 Admission after 10 Years in U.S.
(172 KB - 3/9/2009)
A 3/6/09 memo from Donald Neufeld, Acting Associate Director, Domestic Operations, USCIS, provides instructions that enable a P-1 to file for a new initial period of admission after P-1 has been in the U.S. for a 10-year period. AILA Doc. No. 09030967.
AILA Doc. No. 09030967.
USCIS Memo on Parole Requests for Cubans Released Under INA § 236(a)(2)
(122 KB - 3/9/2009)
A 2/4/09 memo from John Bulger, Chief, Office of Field Operations, USCIS, provides guidance on the processing of initial parole requests presented by natives or citizens of Cuba who are present in the U.S. without having been inspected and were released from custody under INA § 236(a)(2). AILA Doc. No. 09030963.
AILA Doc. No. 09030963.
USCIS Amended Guidance on Processing of Initial or Renewal Parole Requests by Cubans
(82 KB - 3/9/2009)
A 2/3/09 memo from John Bulger, Chief, Office of Field Operations, USCIS, provides amended guidance on the processing of initial parole, or renewal parole, requests presented by natives of citizens of Cuba to USCIS field offices. AILA Doc. No. 09030962.
AILA Doc. No. 09030962.
Neufeld Memo Updates Guidance on Security Checks
(113 KB - 3/3/2009)
A 2/9/09 memo from Donald Neufeld, Acting Associate Director, Domestic Operations, USCIS, on National Security Adjudication and Reporting Requirements, supersedes the 2/4/08 memo on security checks. AILA Doc. No. 09030362.
AILA Doc. No. 09030362.
Cerda Memo on Post-Order Custody Review after
Clark v. Martinez
A 1/21/05 memo from Victor Cerda, Acting Director, Office of Detention and Removal Operations, ICE, provides interim guidance on post-order custody reviews following the Supreme Court's decision in
Clark v. Martinez
. AILA Doc. No. 09022075.
AILA Doc. No. 09022075.
287(g) Memorandums of Agreement Accessible in ICE FOIA Library
ICE 287(g) Memorandums of Agreement to enter into partnership with local law enforcement, and audits of 287(g) programs, are available for review in the ICE FOIA electronic library. AILA Doc. No. 09021360.
AILA Doc. No. 09021360.
CBP Letter Addresses Immigrant Intent for TN Applicant Married to I-140 Beneficiary
(108 KB - 2/12/2009)
A 4/21/08 letter from Paul Morris, Executive Director, Admissibility and Passenger Programs, CBP, addresses immigrant intent for a TN applicant whose spouse is the beneficiary of an I-140 petition. Courtesy of Charles Herrington. AILA Doc. No. 09021280.
AILA Doc. No. 09021280.
Aytes Memo Responds to CIS Ombudsman on Processing Delays for EADs
(75 KB - 2/6/2009)
A memo from Michael Aytes, Acting Director, USCIS, addresses the Ombudsman’s Recommendation #35 on USCIS processing delays for employment authorization documents. AILA Doc. No. 09020665.
AILA Doc. No. 09020665.
ICE Memos on Fugitive Operations Program Apprehension Goals
(3445 KB - 2/5/2009)
This document is a series of ICE Office of Detention and Removal memos issued between 1/22/04 and 1/31/06, obtained by the Cardozo School of Law, which provide guidance for National Fugitive Operations Program (NFOP) teams. They suggest a policy change from focusing on dangerous fugitives, to arresting easy targets without a criminal record. AILA Doc. No. 09020562.
AILA Doc. No. 09020562.
Draft Letter from DHS Data Privacy and Integrity Committee to Secretary Napolitano
(35 KB - 2/3/2009)
The DHS Data Privacy and Integrity Committee released a 2/2/09 draft letter to DHS Secretary Napolitano and Acting Chief Privacy Officer John W. Kropf that addresses the structure of the privacy office, FOIA, data governance and integrity, E-Verify, border searches and seizures of stored digital information, and other issues. AILA Doc. No. 09020362.
AILA Doc. No. 09020362.
USCIS Letter on Running of INA § 212(a)(9)(B) Inadmissibility Period
(303 KB - 1/28/2009)
A 1/26/09 letter from Lynden Melmed, USCIS Chief Counsel and a 7/14/06 letter from Robert Divine, USCIS Chief Counsel, confirm when the INA §212(a)(9)(B) inadmissibility period begins to run, and how the period is affected by parole or lawful admission under INA §212(d)(3). AILA Doc. No. 09012874.
AILA Doc. No. 09012874.
Scialabba Memo on Child Soldiers Accountability Act
(64 KB - 1/27/2009)
A 12/31/08 memo from Lori Scialabba, Associate Director, Refugee, Asylum and International Operations Directorate, USCIS, provides notification and a brief overview of the provisions of the Child Soldiers Accountability Act of 2008 (CSAA), Public Law 110-340, which was signed into law and became effective on 10/3/08. AILA Doc. No. 09012770.
AILA Doc. No. 09012770.
Langlois Memo on Credible Fear Quality Assurance Review
(77 KB - 1/27/2009)
A 12/23/08 memo from Joseph Langlois, Chief, Asylum Division, USCIS, modifies the categories of credible fear determinations that must be sent to the Asylum Division Training, Research, and Quality (TRAQ) Branch for quality assurance review prior to the issuance of a final determination. AILA Doc. No. 09012769.
AILA Doc. No. 09012769.
USCIS Webinar Q & As on FAR Requirement for Federal Contractors to Use E-Verify
(112 KB - 1/26/2009)
The USCIS Outreach Division recently forwarded a compilation of questions and answers generated from questions posed by participants in the DHS webinars held on Dec. 11 and Jan. 8 on the application of the new FAR requirements for certain federal contractors to use E-Verify. AILA Doc. No. 09012660.
AILA Doc. No. 09012660.
Average Bond Amounts at ICE Offices
(13 KB - 1/16/2009)
This document is a list of average bond amounts at ICE offices. Information provided by ICE Community Outreach Program. AILA Doc. No. 09011678.
AILA Doc. No. 09011678.
Letter from USCIS Chief to Senator John Cornyn on Immigrant Investors
(462 KB - 1/16/2009)
A 1/16/09 letter from USCIS Chief James McCament to Sen. John Cornyn responding to the Senator’s inquiry about the job creation requirements of the EB-5 immigrant investor visa specifically within the construction industry. AILA Doc. No. 09011680.
AILA Doc. No. 09011680.
DHS Memo on Legal Authority for Continued Operation of E-Verify
(3992 KB - 1/9/2009)
A memo from Gus Coldebella, General Counsel, DHS, summarizes existing legal authority that authorizes DHS to continue operation of the E-Verify program. AILA Doc. No. 09010961.
AILA Doc. No. 09010961.
E-Verify Memorandum of Understanding for Federal Contractors
(90 KB - 1/8/2009)
This document is the DHS E-Verify Memorandum of Understanding for federal contractors and subcontractors who are required to begin using the E-Verify system starting 1/15/09. AILA Doc. No. 09010833.
AILA Doc. No. 09010833.
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