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ATTENTION: Policy memos that have been partially or fully superseded by the USCIS Policy Manual have been stamped and republished.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/policy-manual for current policy.

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Qualifying U.S. Work Experience for Special Immigrant Religious Workers (PDF, 75 KB)
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).
Updated Guidance to USCIS Offices on Handling Certain Family-Based Automatic Conversion and Priority Date Retention Requests Following the Supreme Court Ruling in Scialabba v. Cuellar de Osorio (PDF, 256 KB)
Updated Implementation of the Special Immigrant Juvenile Perez-Olano Settlement Agreement (PDF, 284 KB)
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.
Implementation of the Discretionary Exemption under the Immigration and Nationality Act for the Provision of Insignificant Material Support (PDF, 162 KB)
Implementation of the Discretionary Exemption under the Immigration and Nationality Act for the Provision Certain Limited Material Support (PDF, 355 KB)
Violence Against Women Reauthorization Act of 2013: Changes to U Nonimmigrant Status and Adjustment of Status Provisions (PDF, 107 KB)
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)
New T Nonimmigrant Derivative Category and T and U Nonimmigrant Adjustment of Status for Applicants from the Commonwealth of the Northern Mariana Islands (PDF, 126 KB)
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.
Updated Processing Requirements for Discretionary Exemptions to Terrorism-Related Inadmissibility Grounds for Activities and Associations Relating to the Kurdistan Democratic Party and the Patriotic Union of Kurdistan (PDF, 6.51 MB)
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
Adjudication of H-1B Petitions for Nursing Occupations (PDF, 221 KB)
Policy Memorandum: Implementation of the Settlement Agreement in Duran Gonzalez v. Department of Homeland Security (PDF, 209 KB)
This policy memorandum (PM) ensures the consistent implementation of the Settlement Agreement based on Duran Gonzalez, et al. v. Department of Homeland Security, et al., and amends all earlier memoranda on this subject, including the May 19, 2009, memorandum.