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OI 103.4 Certification of other than special agricultural worker and legalization cases.
Officials other than those listed in
8 CFR 103.4(a)(1)
may not certify a case except when an operations instruction directs certification of a category of case. (TM 6/90)
An official certifying a case to the AAU must make an initial decision to be reviewed, as required by
8 CFR 103.4(a) (4)
, and prepare a formal order. The AAU will make a final decision.
Other applicable provisions.
OI 103.3(b) regarding service of decisions also applies to certification to another Service official. OI 103.3(c) regarding records of proceeding also applies to cases certified to the AAU, except that:
an Appeals Review Worksheet (Form I-468) is not used, and
The TOP contains a Notice of Certification (Form I-290C), not an appeal notice. (TM 6/90)