Volume 2 - Nonimmigrants
Resources
22 CFR 41.61 Students - academic and nonacademic
22 CFR 62, Subpart B - Specific program provisions
59 FR 41818 (PDF) - Temporary Alien Workers Seeking H-1B, O, and P Classifications Under the Immigration and Nationality Act--Correction
8 CFR 103.2(a)(1) - Preparation and submission
8 CFR 103.2(b)(19) - Notification
8 CFR 103.2(b)(8) - Request for Evidence
8 CFR 103.3 - Denials, appeals, and precedent decisions
8 CFR 103.3(a)(2) - AAO appeals
8 CFR 103.5(a)(1)(ii) - Jurisdiction
8 CFR 212.7(c) - Waiver of inadmissibility grounds, documentary requirements
8 CFR 214.1 - Requirements for admission, extension, and maintenance of status
8 CFR 214.1(c)(5) - Decision on application for extension or change of status
8 CFR 214.1(l)(2) - Period of stay
8 CFR 214.13 - SEVIS fee for certain F, J, and M nonimmigrants
8 CFR 214.2(f) - Students in colleges, universities, seminaries, conservatories, academic high schools, elementary schools, other academic institutions, and in language training programs
8 CFR 214.2(h) - Temporary employees
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(j) - Exchange aliens
8 CFR 214.2(l) - Intracompany transferees
8 CFR 214.2(m) - Students in established vocational or other recognized nonacademic institutions, other than in language training programs
8 CFR 214.2(o) - Special requirements for admission, extension, and maintenance of status (aliens of extraordinary ability or achievement)
8 CFR 214.2(o)(1)(i) - Aliens of extraordinary ability or achievement
8 CFR 214.2(o)(1)(ii)(A)(1) - Description of classifications, extraordinary ability
8 CFR 214.2(o)(1)(ii)(A)(2) - Description of classifications, extraordinary achievement
8 CFR 214.2(o)(1)(ii)(B) - O2 classification
8 CFR 214.2(o)(10) - Admission
8 CFR 214.2(o)(12)(ii) - Extension period
8 CFR 214.2(o)(13) - Effect of approval of a permanent labor certification or filing of a preference petition on O classification
8 CFR 214.2(o)(16) - Return transportation requirement
8 CFR 214.2(o)(2) - Filing of petitions
8 CFR 214.2(o)(2)(ii)(C) - Evidence required to accompany a petition
8 CFR 214.2(o)(2)(iv) - Other filing situations
8 CFR 214.2(o)(2)(iv)(B) - Services for more than one employer
8 CFR 214.2(o)(3)(ii) - Definitions
8 CFR 214.2(o)(3)(iii) - Evidentiary criteria for an O-1 alien of extraordinary ability in the fields of science, education, business, or athletics
8 CFR 214.2(o)(3)(iv) - Evidentiary criteria for an O-1 alien of extraordinary ability in the arts
8 CFR 214.2(o)(3)(v) - Evidentiary criteria for an alien of extraordinary achievement in the motion picture or television industry
8 CFR 214.2(o)(4) - Petition for an O-2 accompanying alien
8 CFR 214.2(o)(5) - Consultation
8 CFR 214.2(o)(6)(iii) - Approval and validity of petition
8 CFR 214.2(o)(6)(iv) - Approval and validity of petition
8 CFR 214.2(o)(7) - Notification of Decision
8 CFR 214.2(o)(8)(ii) - Automatic Revocation
8 CFR 214.2(o)(9)(ii) - Appeal of Revocation
8 CFR 214.2(p) - Artists, athletes, and entertainers
8 CFR 214.2(p)(1)(ii)(A)(1) - Description of classification
8 CFR 214.2(p)(2)(ii)(D) - Evidence required to accompany a petition for a P nonimmigrant
8 CFR 214.2(p)(4)(i) - Types of classification
8 CFR 214.2(p)(4)(ii)(A) - General criteria and documentary requirements for P-1 athletes
8 CFR 214.2(p)(4)(ii)(B) - Evidentiary requirements for an internationally recognized athlete or athletic team
8 CFR 214.2(p)(4)(iii) - Form of documentation
8 CFR 214.2(p)(4)(iv) - Other filing situations
8 CFR 214.2(p)(7) - Consultation
8 CFR 214.2(q) - Cultural visitors
8 CFR 214.2(q)(1)(iii) - Definitions
8 CFR 214.2(q)(11)(ii) - Wages and working conditions
8 CFR 214.2(q)(2)(ii) - Limitation on admission
8 CFR 214.2(q)(3)(iii)(B) - Cultural component
8 CFR 214.2(q)(3)(iii)(C) - Work component
8 CFR 214.2(q)(3)(iv) - Requirements for international cultural exchange visitors
8 CFR 214.2(q)(4)(i)(A) - Supporting documentation
8 CFR 214.2(q)(4)(i)(B), (C), (D), and (E) - Supporting documentation
8 CFR 214.2(q)(4)(i)(C) - Supporting documentation
8 CFR 214.2(q)(4)(ii)(A) - Supporting documentation
8 CFR 214.2(q)(4)(ii)(B) - Supporting documentation
8 CFR 214.2(q)(5)(i) - Filing of petitions, General
8 CFR 214.2(q)(5)(ii) - Petition for multiple participants
8 CFR 214.2(q)(5)(iii) - Service, labor, or training in more than one location
8 CFR 214.2(q)(5)(iv) - Service, labor, or training for more than one employer
8 CFR 214.2(q)(5)(v) - Change of employers
8 CFR 214.2(q)(6) - Substitution or replacements of participants in an international cultural exchange visitor program
8 CFR 214.2(q)(7)(iii) - Approval of petition for international cultural exchange visitor program
8 CFR 214.2(q)(7)(iv) - Approval of petition for international cultural exchange visitor program
8 CFR 214.2(q)(8)(i) - Notice of denial
8 CFR 214.2(q)(9)(ii) - Automatic revocation
8 CFR 214.2(q)(9)(iii) - Revocation on notice
8 CFR 214.2(q)(9)(iv) - Notice and decision
8 CFR 214.2(q)(9)(v) - Appeal of a revocation of a petition
8 CFR 214.2(r) - Religious workers
8 CFR 214.3 - Approval of schools for enrollment of F and M nonimmigrants
8 CFR 248.1(a) - Change of Nonimmigrant Classification-General
8 CFR 248.1(b) - Timely filing and maintenance of status
8 CFR 248.2 - Change of nonimmigrant classifications, ineligible classes
8 CFR 248.3(a) - Requests by petitioners
8 CFR 248.3(g) - Denial of application
8 CFR 274a.12 - Classes of aliens authorized to accept employment
8 CFR 274a.12(c) - Aliens who must apply for employment authorization
INA 101(a)(15)(F) - Academic student definition
INA 101(a)(15)(H) - Alien coming temporarily to the United States to perform services
INA 101(a)(15)(H)(iii) - Definition of H-3
INA 101(a)(15)(I) - Representatives of foreign media
INA 101(a)(15)(J) - Definition of J nonimmigrant
INA 101(a)(15)(L) - Definition of L nonimmigrant classification
INA 101(a)(15)(M) - Vocational student definition
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)(P)(i) - Definition of P-1 nonimmigrant
INA 101(a)(15)(Q) - Definition of Q nonimmigrant classification
INA 101(a)(15)(R) - Definition of R nonimmigrant classification
INA 101(a)(15) - Nonimmigrant classifications
INA 101(a)(44) - Definition of managerial capacity and executive capacity
INA 101(a)(46) - Definition of “extraordinary ability” in the arts
INA 204(i) - Definition of Professional Athlete
INA 212(e) - Educational visitor status; foreign residence requirement and waiver
INA 212(j)(1) - Limitation on immigration of foreign medical graduates
INA 214(a)(2)(B) - Admission (Stay)
INA 214(b) - Temporary employees
INA 214(c) - Admission of nonimmigrants
INA 214(c)(1) - Importing Employer
INA 214(c)(12) - Fraud prevention and detection fee
INA 214(c)(2) - Petition of importing employer for L nonimmigrant
INA 214(c)(4) - Petition of Importing Employer
INA 214(c)(4)(A) - Petition of importing employer
INA 214(c)(4)(A)(i)(I) - Petition of importing employer for athlete at an internationally recognized level of performance
INA 214(c)(4)(A)(ii)(I) - Petition of importing employer
INA 214(c)(5)(B) - Return Transportation
INA 214(c)(6) - Consultation Requirement
INA 214(l) - Restrictions on waiver
INA 214(l) - Restrictions on waiver of the foreign residence requirement
INA 214(m) - Nonimmigrant elementary and secondary school students
INA 248(a) - Change of nonimmigrant classification
Pub. L. 102-110 (PDF) - Armed Forces Immigration Adjustment Act of 1991
Pub. L. 109-463 (PDF) - COMPETE Act of 2006
Pub. L. 110-229 (PDF) - Section 702 of the Consolidated Natural Resources Act of 2008, as amended - Immigration reform for the Commonwealth
Pub. L. 115-232 (PDF) - Section 1045 of the FY 2019 NDAA - Workforce issues for military realignments in the Pacific
Pub. L. 115-91 (PDF) - Section 1049 of the FY 2018 NDAA - Workforce issues for military realignments in the Pacific
Pub. L. 116-283 (PDF) - Section 9502 of the National Defense Authorization Act for Fiscal Year 2021 (FY 2021 NDAA) - Workforce issues for military realignments in the Pacific
Appendices
| Requirement | F-1 | M-1 |
|---|---|---|
| Acceptance at a U.S. Immigration and Customs Enforcement (ICE) Student and Exchange Visitor Program (SEVP)-certified school | Required | Required |
| Bona fide student pursuing full course of study | Required | Required |
| Sufficient funds | Must have sufficient funds that are or will be available to successfully study without resorting to unauthorized employment in the United States for financial support | Must have immediately available funds or assurances of support necessary to pay all tuition and living costs for the entire period of intended stay |
| Full-time study | Required, unless Designated School Official (DSO) or the Secretary of Homeland Security (in a Federal Register notice) authorizes a reduced course load | Required, unless DSO authorizes a reduced course load for medical reasons |
| Public schools | No study permitted at a public school for kindergarten through grade eight. Study is only permitted at an U.S. Immigration and Customs Enforcement (ICE) Student and Exchange Visitor Program (SEVP)-certified public high school (grades nine through 12) and is limited to 12 months. The student must demonstrate that they have paid the unsubsidized cost of the education to the educational agency. | No study permitted at a public school for kindergarten through grade eight |
| School transfers | Allowed, DSO must record in Student and Exchange Visitor Information System (SEVIS) | Allowed if it is less than 6 months into program of study and student cannot remain at present school due to circumstances beyond their control. USCIS must authorize. Student cannot change educational objective. |
| Curricular Practical Training | Allowed, DSO must authorize | Not applicable |
| Optional Practical Training (OPT) (pre-completion) | Allowed, if student has been enrolled for 1 full academic year. Must be directly related to the student’s major area of study. Cannot be full-time while school is in session. DSO must endorse, and USCIS must approve and issue employment authorization document (EAD) prior to the student starting OPT. | Not applicable |
| OPT (post-completion) | Allowed, must be directly related to the student’s major area of study. Requires DSO endorsement, approval by USCIS, and issuance of EAD | Not applicable |
| Science, Technology, Engineering, and Mathematics (STEM) OPT Extension | Allowed, must have a bachelor’s degree, master’s degree, or doctorate degree that is on the STEM Designated Degree Program List (PDF); receive DSO endorsement; and receive USCIS approval to qualify for a 24-month OPT extension | Not applicable |
| Practical Training | Not applicable | Allowed after completion of the student’s course of study. Must be related to the student’s course of study, and employment comparable to the proposed employment is not available to the student in the country of the student’s foreign residence. Requires approval by USCIS and issuance of EAD. |
| Maximum Stay | Duration of status | 1 year, plus extensions not to exceed 3 years |
| Program Extension | Allowed, if the student has continually maintained F-1 status, the need is caused by a compelling academic or medical reason, and the student applies to the student’s DSO for the extension before the student’s Certificate of Eligibility for Nonimmigrant Student Status (Form I-20) expires | Allowed, the maximum cumulative time of extensions is 3 years from original start date. M-1s must apply for an extension beyond the end date of their Arrival/Departure Record (Form I-94) by filing an Application to Extend/Change Nonimmigrant Status (Form I-539) with USCIS |
| Family members | Spouses and unmarried children under the age of 21 are eligible for the F-2 visa classification | Spouses and unmarried children under the age of 21 are eligible for the M-2 visa classification |
Updates
This technical update replaces all instances of the term “noncitizen” with “alien” or other appropriate terms throughout the Policy Manual where possible, 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”], and makes other technical and conforming changes.
1 USCIS-PM - Volume 1 - General Policies and Procedures
2 USCIS-PM - Volume 2 - Nonimmigrants
3 USCIS-PM - Volume 3 - Humanitarian Protection and Parole
4 USCIS-PM - Volume 4 - Refugees and Asylees
5 USCIS-PM - Volume 5 - Adoptions
6 USCIS-PM - Volume 6 - Immigrants
7 USCIS-PM - Volume 7 - Adjustment of Status
8 USCIS-PM - Volume 8 - Admissibility
9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief
10 USCIS-PM - Volume 10 - Employment Authorization
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to clarify how USCIS evaluates evidence to determine eligibility for O-1A nonimmigrants of extraordinary ability, including adding examples of evidence for individuals in critical and emerging technologies.
This technical update to Volume 2, Nonimmigrants, directs readers to the DHS Study in the States webpage for more information about requirements for F-1 student participation in study abroad programs and makes other minor technical corrections, including to regulatory citations.
This technical update to Volume 2, Nonimmigrants, clarifies that an F-1 student may apply for a Science, Technology, Engineering, and Mathematics (STEM) Optional Practical Training (OPT) extension no later than 60 days after a designated school official’s recommendation in the Student and Exchange Visitor Information System (SEVIS). This technical update aligns the guidance with the regulations.
U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual regarding when students may be eligible for optional practical training (OPT) for Science, Technology, Engineering, and Mathematics (STEM) fields; as well as clarifying guidance concerning online study, school transfers, the grace period, and study abroad.
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to clarify the circumstances under which H-3 nonimmigrants may participate in training provided on the property of an academic or vocational institution.
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to reflect the extension of the current exemption from the temporary need requirement for petitions for temporary nonagricultural (H-2B) nonimmigrant workers on Guam and in the Commonwealth of the Northern Mariana Islands (CNMI), as provided in the National Defense Authorization Act for Fiscal Year 2024 (FY 2024 NDAA).
U.S. Citizenship and Immigration Services (USCIS) is revising its policy guidance in the USCIS Policy Manual to align with the Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements Final Rule, published in the Federal Register on January 31, 2024, and effective April 1, 2024.
1 USCIS-PM B.1 - Chapter 1 - Purpose and Background
1 USCIS-PM B.3 - Chapter 3 - Fees
1 USCIS-PM B.4 - Chapter 4 - Fee Waivers and Fee Exemptions
1 USCIS-PM B.6 - Chapter 6 - Submitting Requests
2 USCIS-PM E.1 - Chapter 1 - Purpose and Background
2 USCIS-PM E.3 - Chapter 3 - Filing and Documentation
2 USCIS-PM J.7 - Chapter 7 - Admissions, Extensions of Stay, and Change of Status
2 USCIS-PM M.7 - Chapter 7 - Documentation and Evidence
2 USCIS-PM N.3 - Chapter 3 - Petitioners
5 USCIS-PM B.5 - Chapter 5 - Action on Pending or Approved Suitability Determinations
5 USCIS-PM C.7 - Chapter 7 - Documentation and Evidence
5 USCIS-PM C.8 - Chapter 8 - Adjudication
5 USCIS-PM D.4 - Chapter 4 - Eligibility Requirements Specific to Convention Adoptees
7 USCIS-PM A.3 - Chapter 3 - Filing Instructions
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address when USCIS may, in its discretion, excuse untimely filed extensions of stay and change of status requests.
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address the nonimmigrant student (F and M) classifications, including USCIS’ role in the adjudication of applications for employment authorization and change or reinstatement of status to F or M classifications.
2 USCIS-PM F.1 - Chapter 1 - Purpose and Background
2 USCIS-PM F.2 - Chapter 2 - Eligibility Requirements
2 USCIS-PM F.3 - Chapter 3 - Courses and Enrollment, Full Course of Study, and Reduced Course Load
2 USCIS-PM F.4 - Chapter 4 - School Transfer
2 USCIS-PM F.5 - Chapter 5 - Practical Training
2 USCIS-PM F.6 - Chapter 6 - Employment
2 USCIS-PM F.7 - Chapter 7 - Absences From the United States
2 USCIS-PM F.8 - Chapter 8 - Change of Status, Extension of Stay, and Length of Stay
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual regarding the 2-year foreign residence requirement for the nonimmigrant exchange visitor (J) visa classification.
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to clarify that a sole proprietorship may not file an L-1 petition on behalf of its owner because the sole proprietorship does not exist as a distinct legal entity separate and apart from the owner.
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to reflect the extension of the current exemption from the temporary need requirement for petitions for temporary nonagricultural H-2B nonimmigrant workers on Guam and in the Commonwealth of the Northern Mariana Islands (CNMI), as provided in the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2023.
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual regarding the nonimmigrant exchange visitor (J) visa classification, including USCIS’ role in the adjudication of waivers of the 2-year foreign residence requirement and change of status requests under the Immigration and Nationality Act (INA).
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to clarify how USCIS evaluates evidence to determine eligibility for the O-1B visa classification for nonimmigrants of extraordinary ability in the arts and nonimmigrants of extraordinary achievement in the motion picture or television (MPTV) industry.
U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual regarding on-site inspections for special immigrant and nonimmigrant religious worker petitions.
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to clarify the validity period of employment authorization for F-1 students experiencing severe economic hardship due to emergent circumstances (also known as special student relief (SSR)).
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to reorganize and expand on existing guidance related to special immigrant religious workers.
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to clarify how USCIS determines eligibility for L-1 nonimmigrants seeking classification as managers or executives or specialized knowledge workers. Note: This update consolidates and updates guidance that was previously contained in the Adjudicator’s Field Manual (AFM) Chapter 32, as well as related AFM appendices and policy memoranda. This update is not intended to change existing policy or create new policy.
U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual to further clarify how USCIS evaluates evidence to determine eligibility for O-1A nonimmigrants of extraordinary ability, with a focus on persons in science, technology, engineering, or mathematics (STEM) fields.
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to clarify how a petitioner may demonstrate that it qualifies for an exemption from the temporary need requirement for a nonimmigrant visa petition for a temporary nonagricultural H-2B worker on Guam and in the Commonwealth of the Northern Mariana Islands (CNMI) that falls under the National Defense Authorization Act for Fiscal Year 2021 (FY 2021 NDAA).
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to clarify how USCIS evaluates evidence to determine eligibility for O-1A nonimmigrants of extraordinary ability, with a focus on persons in science, technology, engineering, or mathematics (STEM) fields, as well as how USCIS determines whether an O-1 beneficiary’s prospective work is within the beneficiary’s area of extraordinary ability or achievement.
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to clarify how USCIS determines whether an O-1B beneficiary is evaluated as a person of extraordinary ability in the arts (O-1B Arts) or as a person of extraordinary achievement in the motion picture or television industry (O-1B MPTV).
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual regarding applications for change of status (COS) to F-1 classification.
U.S. Citizenship and Immigration Services (USCIS) is providing guidance in the USCIS Policy Manual regarding the filing and adjudication of temporary nonagricultural worker (H-2B) nonimmigrant visa petitions that fall under Section 9502 of the National Defense Authorization Act for Fiscal Year 2021 (FY 2021 NDAA).
This technical update replaces all instances of the term “alien” with “noncitizen” or other appropriate terms throughout the Policy Manual where possible, 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”].
1 USCIS-PM - Volume 1 - General Policies and Procedures
2 USCIS-PM - Volume 2 - Nonimmigrants
6 USCIS-PM - Volume 6 - Immigrants
7 USCIS-PM - Volume 7 - Adjustment of Status
8 USCIS-PM - Volume 8 - Admissibility
9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief
10 USCIS-PM - Volume 10 - Employment Authorization
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address the issue of deference to prior determinations of eligibility by an officer when adjudicating a request for an extension of petition validity.
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to update and clarify guidance for internationally recognized athletes (P-1A nonimmigrants).
This technical update removes the guidance in Volume 2, Part A, Chapter 4, Volume 8, Part G, and Volume 12, Part D, Chapter 2 relating to the administration of the public charge ground of inadmissibility under the Inadmissibility on Public Charge Grounds final rule, 84 FR 41292 (Aug. 14, 2019); as amended by Inadmissibility on Public Charge Grounds; Correction, 84 FR 52357 (Oct. 2, 2019) ( “Public Charge Final Rule”), which was implemented on Feb. 24, 2020. On Nov. 2, 2020, the U.S. District Court for the Northern District of Illinois vacated the Public Charge Final Rule nationwide. On Nov. 3, 2020, the U.S. Court of Appeals for the Seventh Circuit issued an administrative stay and, on Nov. 19, 2020, a stay pending appeal of the U.S. District Court for the Northern District of Illinois’ Nov. 2, 2020 decision. On Mar. 9, 2021, the U.S. Court of Appeals for the Seventh Circuit lifted its stay and the U.S. District Court for the Northern District of Illinois’ order vacating the Public Charge Final Rule went into effect. USCIS immediately stopped applying the Public Charge Final Rule to all pending applications and petitions that would have been subject to the rule. For information on related litigation affecting implementation, see the Inadmissibility on Public Charge Grounds Final Rule: Litigation webpage.
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual regarding the nonimmigrant cultural visitor visa classification, commonly known as the “Q” visa category.
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to update and consolidate guidance related to O nonimmigrant classifications.
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 Chapter 33 of the AFM, related appendices, and policy memoranda.
U.S. Citizenship and Immigration Services (USCIS) is revising its policy guidance in the USCIS Policy Manual to align with the Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements Final Rule, published in the Federal Register on August 3, 2020. This guidance becomes effective October 2, 2020. For information regarding implementation, see Appendix: 2020 Fee Rule Litigation Summary.
1 USCIS-PM A - Part A - Public Services
1 USCIS-PM B - Part B - Submission of Benefit Requests
2 USCIS-PM - Volume 2 - Nonimmigrants
7 USCIS-PM A - Part A - Adjustment of Status Policies and Procedures
7 USCIS-PM F - Part F - Special Immigrant-Based Adjustment
7 USCIS-PM M - Part M - Asylee Adjustment
11 USCIS-PM A - Part A - Secure Identity Documents Policies and Procedures
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.
1 USCIS-PM - Volume 1 - General Policies and Procedures
2 USCIS-PM - Volume 2 - Nonimmigrants
3 USCIS-PM - Volume 3 - Humanitarian Protection and Parole
4 USCIS-PM - Volume 4 - Refugees and Asylees
5 USCIS-PM - Volume 5 - Adoptions
6 USCIS-PM - Volume 6 - Immigrants
7 USCIS-PM - Volume 7 - Adjustment of Status
8 USCIS-PM - Volume 8 - Admissibility
9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief
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.
Note: On Nov. 2, 2020, the U.S. District Court for the Northern District of Illinois vacated the Public Charge Final Rule nationwide. The U.S. Court of Appeals for the Seventh Circuit later issued a stay of the U.S. District Court for the Northern District of Illinois’ Nov. 2, 2020 decision. On Mar. 9, 2021, the U.S. Court of Appeals for the Seventh Circuit lifted the stay and the U.S. District Court for the Northern District of Illinois’ order vacating the Public Charge Final Rule went into effect. USCIS immediately stopped applying the Public Charge Final Rule to all pending applications and petitions that would have been subject to the rule. For information on related litigation affecting implementation, see the Inadmissibility on Public Charge Grounds Final Rule: Litigation webpage. The alert text below and related guidance are no longer in effect.
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 nationwide to all applications and petitions postmarked on or after that date. 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 [noncitizens] who are exempt from the Final Rule, see the appendices related to applicability. For information on related litigation affecting implementation, see the USCIS webpage on the injunction.
Note: On Nov. 2, 2020, the U.S. District Court for the Northern District of Illinois vacated the Public Charge Final Rule nationwide. The U.S. Court of Appeals for the Seventh Circuit later issued a stay of the U.S. District Court for the Northern District of Illinois’ Nov. 2, 2020 decision. On Mar. 9, 2021, the U.S. Court of Appeals for the Seventh Circuit lifted the stay and the U.S. District Court for the Northern District of Illinois’ order vacating the Public Charge Final Rule went into effect. USCIS immediately stopped applying the Public Charge Final Rule to all pending applications and petitions that would have been subject to the rule. For information on related litigation affecting implementation, see the Inadmissibility on Public Charge Grounds Final Rule: Litigation webpage. The alert text below and related guidance are no longer in effect.
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 (PDF) and AFM Ch. 61.1 (PDF). 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 [noncitizens] who are exempt from the final rule, see the appendices related to applicability.
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”].
1 USCIS-PM - Volume 1 - General Policies and Procedures
2 USCIS-PM - Volume 2 - Nonimmigrants
6 USCIS-PM - Volume 6 - Immigrants
7 USCIS-PM - Volume 7 - Adjustment of Status
8 USCIS-PM - Volume 8 - Admissibility
9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief
10 USCIS-PM - Volume 10 - Employment Authorization
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.
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance on the trainees (H-3) nonimmigrant visa category.
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