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Policy Memoranda

This page provides access to various policy and procedural memoranda which gives guidance to USCIS adjudicators in their work of processing applications and petitions for immigration benefits while still protecting national security.

ATTENTION: Policy memos that have been partially or fully superseded by the USCIS Policy Manual have been stamped and republished. If you have bookmarked affected memo PDF files, you will now see the updated stamped version of the memo indicating that you should visit www.uscis.gov/policymanual for current policy.

USCIS Final Guidance on When to File an Amended or New H-1B Petition After Matter of Simeio Solutions, LLC

Issue Date: July 21, 2015 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-1
July 21, 2015 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.
July 05, 2015 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).
June 30, 2015 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
June 25, 2015 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.
May 08, 2015 Implementation of the Discretionary Exemption under the Immigration and Nationality Act for the Provision Certain Limited Material Support
May 08, 2015 Implementation of the Discretionary Exemption under the Immigration and Nationality Act for the Provision of Insignificant Material Support
April 15, 2015 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.
April 15, 2015 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)
March 13, 2015 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
February 23, 2015 Adjudication of H-1B Petitions for Nursing Occupations

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