Volume 2 - Nonimmigrants

8 CFR 214.1 - Requirements for admission, extension, and maintenance of status

8 CFR 214.2(h)(1) - Temporary employees

8 CFR 214.2(h)(1)(ii)(E) - H-3 definition

8 CFR 214.2(h)(10) - Denial of petitions

8 CFR 214.2(h)(11) - Revocation of an approved H petition

8 CFR 214.2(h)(12) - Appeal of a denial or a revocation of a petition

8 CFR 214.2(h)(13) - Admission of H beneficiaries

8 CFR 214.2(h)(13)(i)(B) - Admission and allowable periods of stay for H workers

8 CFR 214.2(h)(14) - Extension of H visa petition validity

8 CFR 214.2(h)(15)(ii)(D) - Extension of H-3 stay 

8 CFR 214.2(h)(16)(ii) - Effect of approval of a permanent labor certification or filing of a preference petition on H classification

8 CFR 214.2(h)(17) - Effect of a strike

8 CFR 214.2(h)(2) - Petition for temporary employees

8 CFR 214.2(h)(7) - H-3 regulations

8 CFR 214.2(h)(8)(i)(D) - H-3 numerical limitations on special education exchange visitors

8 CFR 214.2(h)(9) - Petitions for temporary workers

8 CFR 214.2(h)(9)(iii)(C) - Validity of approved H-3 petitions and H-4 dependent(s)

8 CFR 214.2(h)(9)(iv) - Validity of approved H-3 petitions and H-4 spouse and dependent(s)

8 CFR 214.2(i) - Representatives of information media

8 CFR 214.2(r) - Religious workers

8 CFR 248.1(b) - Timely filing and maintenance of status

8 CFR 248.3(g) - Denial of application

INA 101(a)(15)(H)(iii) - Definition of H-3

INA 101(a)(15)(I) - Representatives of foreign media

INA 101(a)(15)(O) - Extraordinary ability in arts or athletics

INA 101(a)(15)(P) - Extraordinary ability in arts or athletics as part of a group

INA 101(a)(15)(R) - Definition of R nonimmigrant classification

INA 214(b) - Temporary employees

INA 248(a) - Change of nonimmigrant classification

Appendices

Summary of Nonimmigrant Categories Subject to Public Benefits Condition

Appendix: Summary of Nonimmigrant Categories Subject to Public Benefits Condition

Appendix: Summary of Nonimmigrant Categories Subject to Public Benefits Condition

Technical Update - Moving the Adjudicator’s Field Manual Content into the USCIS Policy Manual

May 21, 2020

U.S. Citizenship and Immigration Services (USCIS) is updating and incorporating relevant Adjudicator’s Field Manual (AFM) content into the USCIS Policy Manual. As that process is ongoing, USCIS has moved any remaining AFM content to its corresponding USCIS Policy Manual Part, in PDF format, until relevant AFM content has been properly incorporated into the USCIS Policy Manual. To the extent that a provision in the USCIS Policy Manual conflicts with remaining AFM content or Policy Memoranda, the updated information in the USCIS Policy Manual prevails. To find remaining AFM content, see the crosswalk between the AFM and the Policy Manual.

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Technical Update - Incorporating Existing Guidance into the Policy Manual

May 15, 2020

This technical update is part of an initiative to move existing policy guidance from the Adjudicator’s Field Manual (AFM) into the Policy Manual. This update does not make major substantive changes but consolidates and incorporates existing AFM guidance into the Policy Manual, streamlining USCIS’ immigration policy while removing obsolete information. This guidance replaces Chapters 1, 3.4, 10.2, 10.3(a), 10.3(c), 10.3(e), 10.3(i), 10.4, 10.22, 11.1(c), 13, 14, 17, 23.8, 31.7, 33.10, 34.5, 35, 41.6, 42, 44, 56.1, 56.3, 56.4, 62, 81, 82, 83.1, 83.2, and 83.3 of the AFM, related appendices, and policy memoranda.

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POLICY ALERT - Implementation of Guidance on Inadmissibility on Public Charge Grounds

February 24, 2020

This update incorporates into Volumes 2, 8, and 12 policy guidance that U.S. Citizenship and Immigration Services (USCIS) announced February 5, 2020, implementing the Inadmissibility of Public Charge Grounds Final Rule. This guidance is in effect as of February 24, 2020 and applies to all applications and petitions postmarked on or after that date, including in Illinois. (On February 21, 2020, the Supreme Court of the United States stayed the last remaining injunction in the State of Illinois, allowing DHS to implement the final rule nationwide.) Certain classes of aliens are exempt from the public charge ground of inadmissibility (such as refugees, asylees, certain VAWA self-petitioners, U petitioners, and T applicants) and therefore, are not subject to the Final Rule. For more information about the classes of aliens who are exempt from the Final Rule, click here.

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POLICY ALERT - Public Charge Ground of Inadmissibility

February 05, 2020

U.S. Citizenship and Immigration Services (USCIS) is issuing guidance in the USCIS Policy Manual to address the final rule on the public charge ground of inadmissibility. This policy guidance is effective on February 24, 2020, and will apply to all applicants and petitioners filing applications and petitions for adjustment of status, extension of stay, and change of status, except for applicants and petitioners in the State of Illinois, whose cases will be adjudicated under prior policy, including the 1999 Interim Field Guidance and AFM Ch. 61.1. For additional information, see Public Charge Inadmissibility Determinations in Illinois. Certain classes of aliens are exempt from the public charge ground of inadmissibility (such as refugees, asylees, certain VAWA self-petitioners, U petitioners, and T applicants) and therefore, are not subject to the Inadmissibility on Public Charge Grounds final rule. For more information about the classes of aliens who are exempt from the final rule, click here.

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Technical Update - Replacing the Term “Foreign National”

October 08, 2019

This technical update replaces all instances of the term “foreign national” with “alien” throughout the Policy Manual as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”].

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POLICY ALERT - Media Representatives (I) Nonimmigrant Visa Classification

November 10, 2015

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance regarding the foreign information media representative nonimmigrant visa classification, commonly known as the “I” visa category.

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POLICY ALERT - Nonimmigrant Trainees (H-3)

September 09, 2014

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance on the trainees (H-3) nonimmigrant visa category.  

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Current as of

CHAPTERS