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ATTENTION: Policy memos that have been partially or fully superseded by the USCIS Policy Manual have been stamped and republished.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.

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Issuance of Certain RFEs and NOIDs; Revisions to Adjudicator’s Field Manual (AFM) Chapter 10.5(a), Chapter 10.5(b) (PDF, 113 KB)
This Policy Memorandum (PM) provides guidance to U.S. Citizenship and Immigration Services (USCIS) adjudicators regarding the discretion to deny an application, petition, or request without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) if initial evidence is not submitted or if the evidence in the record does not establish eligibility.
Guidance for Processing Reasonable Fear, Credible Fear, Asylum, and Refugee Claims in Accordance with Matter of A-B (PDF, 133 KB)
This policy memorandum (PM) provides guidance to U.S. Citizenship and Immigration Services (USCIS) officers for determining whether a petitioner is eligible for asylum or refugee status in light of the Attorney General’s decision in Matter of A-B-.
Updated Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens (PDF, 140 KB)
This Policy Memorandum (PM) outlines how U.S. Citizenship and Immigration Services’ (USCIS) Notice to Appear (NTA) and referral policies implement the Department of Homeland Security’s (DHS) removal priorities, including those identified in Executive Order 13768, and it provides updates to USCIS’ guidelines for referring cases and issuing NTAs. This PM supersedes Policy Memorandum 602-0050, Revised Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Removable Aliens, dated November 7, 2011.
Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) When Processing a Case Involving Information Submitted by a Deferred Action for Childhood Arrivals (DACA) Requestor in Connection With a DACA Request or a DACA-Related Benefit (PDF, 77 KB)
This Policy Memorandum (PM) confirms and clarifies which Notice to Appear (NTA) and referral policies apply: (1) to DACA requestors when processing a DACA request or DACA-related benefit request and (2) to DACA recipients when the Federal Government is seeking to terminate DACA.
DNA Evidence of Sibling Relationships (PDF, 136 KB)
This policy memorandum (PM) amends U.S. Citizenship and Immigration Services’ (USCIS) policy on DNA evidence of sibling relationships and revises the Adjudicator’s Field Manual (AFM), Chapter 21.9(c).
Matter of S- Inc, Adopted Decision 2018-02 (AAO Mar 23, 2018) (PDF, 119 KB)
Matter of S- Inc. addresses the prohibition on multiple H-1B filings by “related entities (such as a parent company, subsidiary, or affiliate).” PM-602-0159
Matter of S-P-, Inc., Adopted Decision 2018-01 (PDF, 112 KB)
Matter of S-P-, Inc. clarifies that a beneficiary who worked abroad for a qualifying multinational organization for at least one year, but left its employ for a period of more than two years after being admitted to the United States as a nonimmigrant, does not satisfy the one-in-three foreign employment requirement for immigrant classification as a multinational manager or executive. To cure the interruption in employment, such a beneficiary would need an additional year of qualifying employment abroad before he or she could once again qualify.
Contracts and Itineraries Requirements for H-1B Petitions Involving Third-Party Worksites (PDF, 119 KB)
This policy memorandum (PM) establishes U.S. Citizenship and Immigration Services (USCIS) policy relating to H-1B petitions filed for workers who will be employed at one or more third-party worksites.
Implementing the National Defense Authorization Act for Fiscal Year 2018 (NDAA) and the Exemption to the Temporary Need Requirement for H-2B Workers on Guam (PDF, 106 KB)
This policy memorandum (PM) provides guidance regarding the filing and adjudication of H-2B nonimmigrant petitions that fall under section 1049 of the National Defense Authorization Act for Fiscal Year 2018 (NDAA).
Signatures on Paper Applications, Petitions, Requests, and Other Documents Filed with U.S. Citizenship and Immigration Services (PDF, 118 KB)
This policy memorandum (PM) finalizes the interim memorandum under the same title issued by U.S. Citizenship and Immigration Services (USCIS) on June 7, 2016. It provides the current USCIS policy regarding the signature requirement for applications, petitions, requests, and other documents that require a signature prior to filing with USCIS.

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