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ATTENTION: Policy memos that have been partially or fully superseded by the USCIS Policy Manual have been stamped and republished.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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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.
This Policy Memorandum (PM) adopts and provides guidance on the implementation of the Administrative Appeals Office’s (AAO) adopted decision in Matter of V-S-G- Inc., Adopted Decision 2017-06 (AAO Nov. 11, 2017).
Matter of V-S-G- Inc. clarifies that beneficiaries of valid employment-based immigrant visa petitions who are eligible to change jobs or employers (“port”) and who have properly requested to do so under section 204(j) of the Immigration and Nationality Act, 8 U.S.C. § 1154(j), are “affected parties” under DHS regulations for purposes of revocation proceedings of their visa petitions and must be afforded an opportunity to participate in those proceedings.
Matter of G- Inc. clarifies that, to establish that a beneficiary will be employed in a managerial capacity as a “function manager,” the petitioner must demonstrate that: (1) the function is a clearly defined activity; (2) the function is “essential,” i.e., core to the organization; (3) the beneficiary will primarily manage, as opposed to perform, the function; (4) the beneficiary will act at a senior level within the organizational hierarchy or with respect to the function managed; and (5) the beneficiary will exercise discretion over the function’s day-to-day operations.
This policy memorandum (PM) supersedes and rescinds the April 23, 2004 memorandum titled “The Significance of a Prior CIS Approval of a Nonimmigrant Petition in the Context of a Subsequent Determination Regarding Eligibility for Extension of Petition Validity” and section VII of the August 17, 2015 policy memorandum titled “L-1B Adjudications Policy.”
The American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) establishes a fee that certain petitioners must pay when filing an H-1B petition with U.S. Citizenship and Immigration Services (USCIS).
Matter of A-T- Inc clarifies that, in order to qualify for an H-1B numerical cap exemption based upon a master’s or higher degree, the conferring institution must have qualified as a “United States institution of higher education” at the time the beneficiary’s degree was earned.
This policy memorandum (PM) designates the attached decision of the Administrative Appeals Office (AAO) in Matter of O-A-, Inc. as an Adopted Decision. Accordingly, this adopted decision establishes policy guidance that applies to and binds all U.S. Citizenship and Immigration Services (USCIS) employees. USCIS personnel are directed to follow the reasoning in this decision in similar cases.
Matter of I- Corp. clarifies that USCIS cannot approve a visa petition that is based on an illegal or otherwise invalid employment agreement. To prevent a potential conflict with the Fair Labor Standards Act, USCIS must ensure that a beneficiary will not be paid a wage that is less than the minimum required wage under state or Federal law, whichever is higher, before approving an employment-based visa petition.
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 establi