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ATTENTION: Policy memos that have been partially or fully superseded by the USCIS Policy Manual have been stamped and republished.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/policy-manual for current policy.
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ALERT: On May 3, 2019, the U.S. District Court for the Middle District of North Carolina issued an injunction regarding PM-602-1060 and PM-602-1060.1, policy memoranda titled, “Accrual of Unlawful Presence and F, J, and M Nonimmigrants,” issued on May 10, 2018, and Aug. 9, 2018, respectively. Due to the nationwide preliminary injunction, USCIS is preliminarily enjoined from applying the policies in these policy memoranda to F, J, and M nonimmigrants. Until further notice, USCIS will apply the prior policy guidance in AFM Chapter 40.9.2, issued on May 6, 2009: Consolidation of Guidance Concerning Unlawful Presence for Purposes of Sections 212(a)(9)(b)(i) and 212(a)(9)(c)(i)(I) of the Act.
This Policy Memorandum (PM) provides guidance to U.S. Citizenship and Immigration Services (USCIS) officers and assists USCIS officers in the calculation of unlawful presence of those in student (F nonimmigrant), exchange visitor (J nonimmigrant), or vocational student (M nonimmigrant) status and their dependents while in the United States.
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.
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-. ALERT: On December 19, 2018, in Grace v. Whitaker, No. 18-CV-01853 (EGS), 344 F. Supp. 3d 96 (D.D.C. 2018), the U.S. District Court for the District of Columbia enjoined USCIS from implementing and enforcing certain parts of this PM. A redacted version of the PM reflecting the court’s injunction can be found here. (https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2018/2018-06-18-PM-602-0162-USCIS-Memorandum-Matter-of-A-B_Redacted_12-19-201.pdf)
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.
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.
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.
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).
ALERT: On May 3, 2019, the U.S. District Court for the Middle District of North Carolina issued an injunction regarding PM-602-1060 and PM-602-1060.1, policy memoranda titled, “Accrual of Unlawful P