INS Advises on Sole Jurisdiction

March 16, 1999

MEMORANDUM FOR ALL SERVICE CENTER DIRECTORS

FROM: William R. Yates
Acting Deputy Executive Associate Commissioner
Office of Field Operations
Immigration Services Division

SUBJECT: Sole Jurisdiction

This memorandum establishes guidelines for a Service Center to receive and grant approval for sole jurisdiction. Sole jurisdiction is a concept in which one Service Center may receive and adjudicate applications/petitions from a business entity and any operating branches not located within the normal geographic Service Center boundaries. The sole jurisdiction concept should provide for more expeditious adjudication and better customer service. Factors to be considered for sole jurisdiction are:

• This process is applicable only to applications and petitions relating to the principals of business cases and their dependents (Forms I-129, I-140 and I-539).

• A corporate headquarters, division headquarters, administrative center, or major operating entity of the aforementioned must be located in the jurisdiction of the service center to which applying for sole jurisdiction.

• It is the responsibility of the business entity to file the application/petition with the service center having sole Jurisdiction. INS will not screen applications/petitions and forward to another service center.

• Each service center will retain the authority to add requirements to any request for sole Jurisdiction.

• Either part may terminate the sole Jurisdiction relationship at any time without cause.

Service Center Directors are granted authority to approve any written requests for sole jurisdiction that is based upon the above criteria. Any requests, not meeting the above criteria should be forwarded to Headquarters, Immigration Services Division (ISD), with a letter of recommendation from the Service Center Director. A copy of all approval letters for sole jurisdiction shall be routed to Headquarters, ISD, and the other service centers.