\ afm \ Adjudicator's Field Manual - Redacted Public Version \ Appendices \ Appendix 4-8 Center Adjudications Officer GS-1801-5 PD# HI008F (Grade Five).
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Center Adjudications Officer GS-1801-5 PD# HI008F
Center Adjudications Officer GS-1801-5 PD# HI008F
This is an entry level position with promotion potential to GS-7, GS-9, GS-11 and a target grade of GS-12. The incumbent is assigned a variety of duties intended to provide a good working knowledge of INS programs, policy, regulations and related legislation. Training and development will be particularly related to immigration laws and adjudicating petitions and applications that are less complex than those adjudicated by journey level positions.
As a trainee, the incumbent learns to interpret, apply, and enforce an intricate field of immigration and nationality law and learns to adjudicate cases. Learns to perform legal and other research, analyses, and adjudication of applications and petitions for benefits.
Learns such processes as determining the scope of the required review and the hearing process, deciding when a verbatim record is required, ruling on objections, granting continuances, and receiving evidence. Incumbent learns to exercise discretion to grant or tantamount to deny applications based on evidence adduced at hearings or interviews and takes action when fraud is suspected, i.e conducts preliminary fact finding and initiates action where information indicates fraud has been detected, where deport
ability can be established, and takes such other action as may be appropriate to enforce compliance with INS and other Federal laws and regulations. Incumbent learns to be vigilant of the concerns of other government entities, e.g., state and local governments, the U.S. Departments of Justice, State, Labor, Treasury, Commerce, Education, Agriculture and Defense and the intelligence community at large, and coordinates activities, as appropriate. (30%)
The incumbent works closely with other officer corps functions of the Service maintains an awareness of the total responsibility for considering any of the operations that relate to compliance with, or enforcement of, the Immigration and Nationality Act, as amended. Learns to furnish technical interpretation, explanation and provisos regarding the application of foreign laws, customs, tribal traditions, etc., and domestic state laws concerning adoption, legitimation, marriage, divorce, etc. May assist in or
perform preparation of cases for certification to the Board of Immigration Appeals (BIA) and/or the Administrative Appeals Office (AAO). (30%)
Through developmental assignments or training the incumbent will perform some or all of the following duties:
Learn to review and recommend or make determinations on cases involving naturalization, citizenship at birth abroad, derivative citizenship, congressional grants of nationality, determination on citizenship, expatriation, and repatriation matters.
Learn to hear and adjudicate appeals and decide on motions to reopen and reconsider.
Learn about appearing in court as the representative of the Attorney General in naturalization proceedings, appearing as a witness at removal hearings as well as in Federal, state, and local administrative civil, and criminal proceedings, and as an officer of the court in presentation and prosecution of fraud cases.
Learn about reviewing intelligence reports/data, scrutinizing applicants in relation to targeted profiles and using available information systems, e.g., LEXIS/NEX}S, CLAIMS, NCIC, CIS, NIIS, NACS, Interpol and other national and international law enforcement data bases in the adjudication of applications and enforcement of INS related laws.
Learn about developing and authoring reports and gathering and protecting evidence and related case material, the rules of evidence and criminal procedure and precedent court decisions concerning admissibility of evidence, constitutional rights, search and seizure, and related issues.
Learn to carry out representational and advisory duties.
Assist in, plan and/or implement special assignments, projects, studies or reviews related to Adjudications Program operations and/or enforcement activities. (40%)
Performs other duties as assigned.
FACTOR 1. KNOWLEDGE REQUIRED BY THE POSITION, Level 1-5, 750 points
A foundation of basic knowledge (such as may have been gained through a baccalaureate education program or its equivalent in experience, training, or self study) and sufficient skill to perform developmental assignments, rapidly learn the technical work, and advance to higher level work in the occupation.
communicate, orally and in writing, is essential for adequate performance and needed for such requirements as writing legal briefs and other reports and briefing management, etc.
elicit pertinent information and material facts.
analyze information and make accurate judgments and decisive, prompt
deal tactfully with and gain cooperation of others.
Many positions in this occupation require the ability to learn to speak and to read one or more languages in addition to English. The exact language requirements differ from place to place and may constitute one element in the selective placement factor to fill positions in the occupation.
FACTOR 2. SUPERVISORY CONTROLS, Level 2-1, 25 points
The incumbent is given assignments with specific instructions on how to complete the assignment and guidance on the application and interpretation of law, regulations and procedures. The incumbent works as instructed, consulting with the supervisor or higher graded officer on any problems that arise. The supervisor reviews the completed work for accuracy, proper presentation and conformance to instructions.
FACTOR 3. GUIDELINES. Level 3-1, 25 points
The supervisor provides guidelines for each assignment and the trainee works in strict adherence to them. Deviations must be authorized by the supervisor.
The employee may be tasked to research agency guidelines and available legislation, regulations, customs and related items. Incumbent may query such sources as law libraries and automated law systems (e.g., LEXIS/NEXIS}, the Supreme Court Reporter, Administrative Decisions under Immigration and Nationality Laws of the U.S., the Foreign Affairs Manual, Interpreter Releases, the Library of Congress, and the Federal Register.
Research of various foreign religious and customary laws, regulations, and provisions may be necessary.
FACTOR 4. COMPLEXITY, Level 4-2, 75 points
Assignments are typically selected to provide specific types of practical experience and exposure to particular legal situations and problems. The incumbent learns to determine the legal, policy, and administrative or judicial issues involved in cases and the legal research required as well as additional information that must be obtained to make a decision and to support and defend decisions. Work requires the timely completion of multiple developmental assignments.
Actions to be taken are limited and choices of a course of action are also limited. The employee learns to synthesize and decide on information and evidence emanating from a spectrum of public and private sources including legislation, regulation, operating conditions, witnesses, testimony, applications, documents, affidavits, observation, medical records and
tests. e.g., psychological or psychiatric testing.
FACTOR 5. SCOPE AND EFFECT, Level 5-1, 25 points
The primary purpose of the position is to gain on-the-job training in the use of research an analytical tools and the mission of the INS. The trainee learns to interpret, apply, and enforce the Immigration and Nationality Act and other U.S. civil and criminal statutes. The trainee is given specific, well- defined tasks, comprising one or more segments of small to medium sized cases. In completing assignments, the incumbent provides assistance to other employees in the unit by performing the more routine
aspects of operations. Through the application of the INS law, the incumbent learns to combat fraud and conspiracies; promote crime detection and prevention within assigned areas; and effect the apprehension prosecution, and expulsion of inadmissible aliens
FACTOR 6. PERSONAL CONTACTS, Level 6-1, 10 points
Contacts are primarily with employees within the immediate work unit and with Adjudications Program and similar INS personnel.
FACTOR 7. PURPOSE OF CONTACTS, Level 7-1, 20 points
Contacts are primarily for the purpose of learning the occupation and to obtain, clarify, or give facts or information relating to such matters as work assignments and types and status of cases.
FACTOR 8. PHYSICAL DEMANDS, Level 8-1, 20 points
While much of the work's sedentary some physical exertion is required such as: long period of standing walking, running; lifting moderately heavy items such as boxes of records, files and/or evidence; and, carrying moderately heavy or unwieldy objects.
FACTOR 9. WORK ENVIRONMENT, Level 9-1, 5 points
The work is generally performed in an office environment.
Total Points: 955 = GS-5