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ATTENTION: Policy memos that have been partially or fully superseded by the USCIS Policy Manual have been stamped and republished.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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An alien seeking classification as a child under sections 203(a)(2)(A) or 203(d) of the Immigration and Nationality Act (INA), or as a derivative beneficiary under INA 203(a) or 203(b), who is under 21 years of age as determined by the Child Status Protection Act (CSPA
On April 9, 2015, USCIS’ Administrative Appeals Office (AAO) issued the precedent decision, Matter of Simeio Solutions, LLC (Simeio), which held that an H-1B employer must file an amended or new H-1B petition when a new Labor Condition Application for Nonimmigrant Workers (LCA) is required due to a change in the H-1B worker’s place of employment.
On April 7, 2015, the U.S. Court of Appeals for the Third Circuit, in Shalom Pentecostal Church v. Acting Secretary DHS, 783 F.3d 156 (3d Cir. 2015), found the regulatory requirements that qualifying work experience gained in the United States must have been acquired in lawful status (herein “lawful status requirements”) in 8 CFR 204.5(m)(4) and (11) to be beyond the Department’s legal authority (ultra vires).
The purpose of this policy memorandum (PM) is to update the guidance previously provided to
U.S. Citizenship and Immigration Services (USCIS) personnel in PM-602-0034:
Implementation of the Special Immigrant Juvenile Perez-Olano Settlement Agreement, in light
of the recent agreement entered into between USCIS and the plaintiffs in Perez-Olano v. Holder,
No. CV 05-3604 (C.D. Cal.), which took effect on March 27, 2015.
This policy memorandum (PM) provides guidance on new legislation that amends the Immigration and Nationality Act (INA) affecting U nonimmigrant status programs and related adjustment of status applications. The Adjudicator’s Field Manual (AFM) is updated by revising sections 39.1(a)(9) and 39.1(f)(4) of Chapter 39 (AFM Update AD13-06)
This policy memorandum (PM) provides guidance on legislation affecting the T nonimmigrant status program and related T and U nonimmigrant adjustment of status applications. This PM revises Chapters 23.5 and 39.2 of the Adjudicator’s Field Manual (AFM); AFM Update AD14-05.
This Policy Memorandum (PM) explains the relevant changes in the law and modifies existing instructions for USCIS adjudicators for processing of benefit applications where an applicant is found to have activities or associations with the KDP and PUK
An alien seeking classification as a child under sections 203(a)(2)(A) or 203(d) of the Immigration and Nationality Act (INA), or as a derivative beneficiary under INA 203(a) or 203(b), who is under 2