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ATTENTION: Policy memos that have been partially or fully superseded by the USCIS Policy Manual have been stamped and republished.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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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.
L-1 Qualifying Relationships and Proxy Votes (PDF, 95 KB)
This policy memorandum (PM) clarifies the 1982 precedent decision, Matter of Hughes, by instructing officers that proxy votes must be irrevocable from the time of filing the L-1 petition through adjudication to establish a qualifying relationship. The petitioner must file an amended petition if any changes of ownership and control of the organization occur after USCIS adjudicates the petition.
Rescission of Matter of Vazquez as an Adopted Decision (PDF, 2.06 MB)
This Policy Memorandum rescinds Matter of Vazquez as an Adopted Decision in accordance with the reasoning contained in this memorandum. Matter of Buschini remains overruled and inoperative, as this memorandum supercedes all prior guidance regarding the determination of Cuban citizenship for the purposes of adjustment under Pub. L. 89-732 (November 2, 1966), as amended, the Cuban Adjustment Act (CAA).
TN Nonimmigrant Economists Are Defined by Qualifying Business Activity (PDF, 71 KB)
This policy memorandum (PM) clarifies that for an applicant to qualify for TN status based on work in the profession of economist, the applicant must engage in activities consistent with the profession of economist.
Criteria for Determining Habitual Residence in the United States for Children from Hague Convention Countries (PDF, 404 KB)
On January 3, 2014, USCIS published interim guidance entitled “Criteria for Determining Habitual Residence in the United States for Children from Hague Convention Countries.” This guidance established criteria to determine whether the Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption (“Hague Adoption Convention”) applies to the adoption in the United States of a child from another Hague Adoption Convention country.

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