\ afm \ Adjudicator's Field Manual - Redacted Public Version \ Appendices \ Appendix 4-10 Center Adjudications Officer GS-1801-9 PD# HI010F (Grade Nine).
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Center Adjudications Officer GS-1801-9 PD# HI010F
Center Adjudications Officer GS-1801-9 PD# HI010F
This is an intermediate level position in a career ladder with promotion potential to the GS-1801- 11 and a target grade of GS-1801-12.
The position has direct delegated authority of the U.S. Attorney General to interpret apply and enforce an intricate field of immigration and nationality law. The incumbent is directly responsible for conducting inquiries and making final determinations regarding complex applications and petitions for various benefits and related entitlements. The incumbent works closely with other officer corps functions of the Service to ensure compliance with and enforcement of the Immigration and Nationality Act, as a
1) The incumbent interprets, applies, and enforces an intricate field of immigration and nationality law. Performs legal and other research, analyses, and final adjudication of all types of applications and petitions for benefits. Determines the scope of the required review and decides when a verbatim record is required, rules on objections, grants continuances and receives evidence. Incumbent conducts preliminary fact finding and initiates action where information indicates fraud has been detected, wher
e deportability can be established, and takes such other action as appropriate to enforce compliance with not only laws and regulations pertaining to INS, but the laws of IRS, HHS, Social Security Administration, Selective Service, and the Departments of Labor, Treasury and State. Incumbent works closely with other officer corps functions of the Service and is aware of and alert to the total responsibility for considering any of the operations that relate to compliance with or enforcement of the Immigratio
n and Nationality Act, as amended. Furnishes technical interpretation, explanation and provisos regarding the application of foreign laws, custom tribal traditions, etc., and domestic state laws concerning adoption legitimation, marriage divorce, etc. Assists in preparing cases for certification to the Board of Immigration Appeals (BIA) and/or the Administrative Appeals Office (AAO). Exercise of authority and decisions made by the incumbent have far-reaching personal and public and/or social impact. (50%)
2) Keeps abreast of current policies, regulations and procedures, proposed legislation changes in law, court decisions, special intelligence and of technological changes, directly impacting the Service Center operations. Interprets and submits information and maintains a professional working relationship with various social service organizations, attorneys, foreign consulates, and the U.S. Departments of State, Labor, Commerce, Treasury, Agriculture and Education. (20%)
3) Prepares briefs or a memorandum of facts for litigation on appeals. Reviews citations closing briefs and proposed findings of fact and conclusions of law. Organizes documents and exhibits for evidence at hearings or in the appeal process. Makes recommendations on appeals and submits motions to be considered for pre-trial review. (15%)
4) Plans and implements special assignments, projects and studies to explore and resolve problems, including those involving Service Center operations and enforcement activities; and, to develop new operational procedures and techniques which will result in more efficient and effective program operations. Special assignments may entail work involving special INS task force operations, rotation to FINCEN (Financial Crime, Narcotics and national Security and Intelligence), or Duty Officer "point of contact"
for the Service Center. Projects may include review of Service Center operations, developing improvements in processes, and designing more efficient ways to utilize personnel and facilities. Studies may involve identifying workload processes having an impact on resources (human, financial and material). Provides written recommendations on ways to improve work quality and overall productivity. (15%)
Performs other duties as assigned.
FACTOR 1. KNOWLEDGE REQUIRED BY THE POSITION, Level 1-6, 950 points
Knowledge and understanding of the Immigration and Nationality Act, as amended, and all related rules, regulations, policies, and operating procedures, impacting court decisions, related foreign laws, customs, and tribal traditions, and binding state laws to adjudicate a variety of applications and petitions.
Knowledge of legal proceedings and case preparation for trial and/or the trial of cases before a court or an administrative body.
Knowledge of precedent decisions in order to render advice and services with respect to questions, regulations, practices, or other matters relating to the Immigration and Nationality Act, as amended.
Knowledge of a variety of sources of information such as the Library of Congress, Department of Labor jobs directories, IRS, State Employment Commission, and others; and substantial experience in their use, particularly such automated data bases as LEXIS/NEXIS, CLAIMS, CIS, NC!C, EPIC, etc., to gather information required for facilitating decisions.
Knowledge of information gathering techniques in order to coordinate and evaluate on a continuing basis, information derived from diverse sources. Knowledge of political, social and economic factors, both domestic and international in scope, which may affect operating procedures
Knowledge of jurisdictional entities among state, local, and Federal agencies and within the Service in order to accurately refer and deal with matters which extend beyond the purview of the Adjudications Program.
Ability to analyze and determine the validity of documents. Ability to provide accurate and credible testimony at criminal and/or administrative hearings, regarding the validity of the documents encountered or oral and/or sworn statements made during the adjudications process.
Ability to communicate orally and in writing to write legal briefs and other reports and to coordinate efforts with other INS, Federal, state and local law enforcement agencies and national/international groups, governments, and representatives and other organizations.
NOTE: 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 selective placement actions to fill positions in the occupation
FACTOR 2. SUPERVISORY CONTROLS, Level 2-3, 325 points
The supervisor indicates overall objectives and in many instances establishes priorities and/or deadlines. When precedents are unavailable or unclear, the supervisor is available to render assistance. The employee independently plans and performs legal and other research, and adjudicates cases including the processing of any new or ancillary subjects matter emanating from original case work. The employee independently works out any coordinating aspects with colleagues and with other public and private organ
izations and individuals. Completed cases and other work are reviewed for technical requirements and soundness of the end product
FACTOR 3. GUIDELINES, Level 3-3, 275 points
The employee researches INS 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 is also necessary.
Many pertinent and pivotal cases are unpublished or unreported. Accuracy of decisions is made extremely difficult because the guides available may not be clear and there are often no applicable precedents. The employee uses judgment in selecting and adapting guidelines to specific situations and cases.
The employee relies on a myriad of legislation, regulations and other forms of information to choose the correct course of action. Since the cases are often heavily problematical or dubious, interpretation and use of guidelines requires a great deal of acumen, inventiveness, and initiative.
FACTOR 4. COMPLEXITY, Level 4-4, 225 points
The incumbent performs a variety of examination and adjudication duties encompassing diverse and complex legal issues. Factual situations vary significantly from case to case and are difficult to ascertain because of the mass of interrelated facts to analyze, information from different sources is often in conflict. The employee must evaluate and adapt previous precedent cases and review often voluminous documentation to develop the case.
The employee must reconcile conflicting facts, identify additional information and make a number of decisions at various stages. The work is further complicated by the volume of case work and the need to remain aware of current legal interpretations.
FACTOR 5. SCOPE AND EFFECT, Level 5-3, 150 points
The purpose of the work is to interpret, apply, and enforce the Immigration and Nationality and other U.S. civil and criminal statutes through the identification, apprehension and/or removal of persons who may be in violation of law.
Decisions made by the incumbent have public, national and serious and irreversible personal, family, economic, political and/or social impact. This is particularly true in regard to the granting or denial of the great U.S. privilege, citizenship. Many cases are new in nature, very complicated and particularly resistant to equitable solution. This employee has adjudicating authority for the types of cases shown.
FACTOR 6. PERSONAL CONTACTS, Level 6-2, 25 points
Contacts are in moderately unstructured situations where each is different and the employee must define the purpose of the action taken. However, persons and cases are often quite conspicuous, particularly when a precedent decision is being made or the applicant or petitioner is well know (nationally or internationally), or will have substantial impact on the economy of a community, state or the nation.
Contacts may be initiated by the employee or by an individual requesting information or assistance, but are rarely face-to-face meetings. Each situation is analyzed and the sensitivity/impact assessed.
FACTOR 7. PURPOSE OF CONTACTS, Level 7-2, 50 points
The purpose of contacts is to influence persuade or gain voluntary compliance of, or agreement, with employers, attorneys, special interests groups. etc., who have conflicting interests or objectives. Case work includes contacts which are geared to investigative fact finding and inspection of documents to glean necessary information to successfully support decisions. Situations are often emotionally charged due to the importance and impact of decisions. In addition to applicants and petitioners, the employe
e must often attempt to convince attorneys/representatives and judicial officials of the merit of they decisions.
FACTOR 8. PHYSICAL DEMANDS, Level 8-2, 20 points
While much of the work is sedentary some physical exertion is required such as long periods of standing, walking, running, lifting moderately heavy items such as boxes of records, files, and/or evidence and carrying moderately heavy or unwieldy objects into courtrooms.
FACTOR 9. WORK ENVIRONMENT, Level 9-l, 5 points
The work is generally performed in an office environment However, some travel and rotational assignments to other units, field support activities, and special joint operations may occur.
Total Points: 1925 = GS-9