Volume 2 - Nonimmigrants
Resources
22 CFR 41.61 Students - academic and nonacademic
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) - Submission and adjudication of benefit requests
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 214.1 - Requirements for admission, extension, and maintenance of status
8 CFR 214.1(c)(5) - Decision in Form I-129 or I-539 extension proceedings
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(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) - Petitions 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 248.3(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)(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)(46) - Definition of “extraordinary ability” in the arts
INA 204(i) - Definition of Professional Athlete
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)(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(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
Volume 2: Nonimmigrants, Part A, Nonimmigrant Policies and Procedures
- Chapter 4 - Extension of Stay and Change of Status (PDF, 1.38 MB)
- Appendix: Summary of Nonimmigrant Categories Subject to Public Benefits Condition (PDF, 354.53 KB)
Volume 8: Admissibility, Part G, Public Charge Ground of Inadmissibility
- Part G - Public Charge Ground of Inadmissibility (PDF, 498.56 KB)
- Chapter 1 - Purpose and Background (PDF, 2.85 MB)
- Chapter 2 - Public Charge Inadmissibility Ground (PDF, 909 KB)
- Chapter 3 - Applicability (PDF, 3.3 MB)
- Chapter 4 - Prospective Determination Based on Totality of the Circumstances (PDF, 2.15 MB)
- Chapter 5 - Factors (PDF, 539.3 KB)
- Chapter 6 - Age (PDF, 791.35 KB)
- Chapter 7 - Health (PDF, 1.89 MB)
- Chapter 8 - Family Status (PDF, 1.02 MB)
- Chapter 9 - Assets, Resources, and Financial Status (PDF, 8.68 MB)
- Chapter 10 - Public Benefits (PDF, 3.51 MB)
- Chapter 11 - Education and Skills (PDF, 2.52 MB)
- Chapter 12 - Prospective Immigration Status and Expected Period of Admission (PDF, 523.68 KB)
- Chapter 13 - Additional Support through Sponsorship (PDF, 3.77 MB)
- Chapter 14 - Heavily Weighted Factors (PDF, 4.35 MB)
- Chapter 15 - Totality of the Circumstances Scenarios (PDF, 2.24 MB)
- Chapter 16 - Waivers of Inadmissibility Based on Public Charge Ground (PDF, 596.42 KB)
- Chapter 17 - Adjudicating Public Charge Inadmissibility (PDF, 1.3 MB)
- Chapter 18 - Public Charge Bonds (PDF, 1.92 MB)
- Chapter 19 - Public Charge Bonds: Posting and Accepting Bonds (PDF, 2.35 MB)
- Chapter 20 - Public Charge Bonds: Maintaining, Substituting, and Canceling Bonds (PDF, 3.75 MB)
- Resources (PDF, 1.05 MB)
- Appendix: Applicability of INA 212(a)(4) to Employment-Based Adjustment of Status Applications (PDF, 432.07 KB)
- Appendix: Applicability of INA 212(a)(4) to Family-Based Adjustment of Status Applications (PDF, 452.4 KB)
- Appendix: Applicability of INA 212(a)(4) to Other Applicants (PDF, 184.52 KB)
- Appendix: Applicability of INA 212(a)(4) to Refugee, Asylee, and Parolee Adjustment of Status Applications (PDF, 425.43 KB)
- Appendix: Applicability of INA 212(a)(4) to Special Immigrant Adjustment of Status Applications (PDF, 174.68 KB)
- Appendix: Eligibility for Public Benefits (PDF, 362.32 KB)
- Appendix: Totality of the Circumstances Framework (PDF, 227.14 KB)
Volume 12: Citizenship and Naturalization, Part D, General Naturalization Requirements
| O-1A Evidentiary Criterion | Relevant Examples and Considerations |
|---|---|
| Documentation of the beneficiary’s receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor.[1] |
Examples:
Considerations: While many scholastic awards do not have the requisite level of recognition, there are some Ph.D. scholarships or dissertation awards, for example, that are nationally or internationally recognized as awards for excellence such that they may satisfy the requirements of this criterion. Relevant considerations include, but are not limited to:
For example, an award available only to persons within a single locality, employer, or school may have little national or international recognition, while an award open to members of a well-known national institution (including an R1 or R2 doctoral university[2]) or professional organization may be nationally recognized. |
| Documentation of the beneficiary’s membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields.[3] |
Examples:
Considerations: The petitioner must show that membership in the association requires outstanding achievements in the field for which classification is sought, as judged by recognized national or international experts. Associations may have multiple levels of membership. The petitioner must show that in order to obtain the level of membership afforded to the beneficiary, the beneficiary was judged by recognized national or international experts as having attained outstanding achievements in the field for which classification is sought. As a possible example, membership in the Institute of Electrical and Electronics Engineers (IEEE) at the IEEE fellow level requires, in part, that a nominee have “accomplishments that have contributed importantly to the advancement or application of engineering, science and technology, bringing the realization of significant value to society,” and nominations are judged by an IEEE council of experts and a committee of current IEEE fellows.[4] As another possible example, membership as a fellow in the Association for the Advancement of Artificial Intelligence (AAAI) is based on recognition of a nominee’s “significant, sustained contributions” to the field of artificial intelligence, and is judged by a panel of current AAAI fellows.[5] Relevant factors that may lead an officer to a conclusion that the person's membership in one or more associations was not based on outstanding achievements in the field include, but are not limited to, instances where the person's membership was based:
|
| Published material in professional or major trade publications or major media about the beneficiary, relating to the beneficiary's work in the field for which classification is sought. This evidence must include the title, date, and author of such published material and any necessary translation.[6] |
Examples:
Considerations: Published material that includes only a brief citation or passing reference to the beneficiary’s work is not “about” the beneficiary, relating to the beneficiary’s work in the field, as required under this criterion. However, the beneficiary and the beneficiary’s work need not be the only subject of the material; published material that covers a broader topic but includes a substantial discussion of the beneficiary’s work in the field and mentions the beneficiary in connection to the work may be considered material “about” the beneficiary relating to their work. Moreover, officers may consider material that focuses solely or primarily on work or research being undertaken by a team of which the beneficiary is a member, provided that the material mentions the beneficiary in connection with the work, or other evidence in the record documents the beneficiary’s significant role in the work or research. In evaluating whether a submitted publication is a professional publication, major trade publication, or major media, relevant factors include the intended audience (for professional and major trade publications) and the relative circulation, readership, or viewership (for major trade publications and other major media). |
| Evidence of the beneficiary's participation on a panel, or individually, as a judge of the work of others in the same or in an allied field of specialization for which classification is sought.[7] |
Examples:
Considerations: The petitioner must show that the beneficiary has not only been invited to judge the work of others, but also that the beneficiary actually participated in the judging of the work of others in the same or allied field of specialization. For example, a petitioner might document a beneficiary’s peer review work by submitting a copy of a request from a journal to the beneficiary to do the review, accompanied by evidence confirming that the beneficiary actually completed the review. |
| Evidence of the beneficiary's original scientific, scholarly, or business-related contributions of major significance in the field.[8] |
Examples:
Considerations: Analysis under this criterion focuses on whether the beneficiary’s original work constitutes major, significant contributions to the field. Evidence that the beneficiary’s work was funded, patented, or published, while potentially demonstrating the work’s originality, will not necessarily establish, on its own, that the work is of major significance to the field. However, published research that has provoked widespread commentary on its importance from others working in the field, and documentation that it has been highly cited relative to other works in that field, may be probative of the significance of the beneficiary’s contributions to the field of endeavor. Similarly, evidence that the beneficiary developed a patented technology that has attracted significant attention or commercialization may establish the significance of the beneficiary’s original contribution to the field. If a patent remains pending, USCIS will likely require additional supporting evidence to document the originality of the beneficiary’s contribution. Detailed letters from experts in the field explaining the nature and significance of the beneficiary’s contribution(s) may also provide valuable context for evaluating the claimed original contributions of major significance, particularly when the record includes documentation corroborating the claimed significance. Submitted letters should specifically describe the beneficiary’s contribution and its significance to the field and should also set forth the basis of the writer’s knowledge and expertise. |
| Evidence of the beneficiary's authorship of scholarly articles in the field, in professional journals, or other major media.[9] |
Examples:
Considerations: In order to meet this criterion, the beneficiary must be a listed author of the submitted article(s) but need not be the sole or first author. In addition, a petitioner need not provide evidence that the beneficiary’s published work has been cited to meet this criterion.[11] In addition, the articles must be scholarly. In the academic arena, a scholarly article reports on original research, experimentation, or philosophical discourse. It is written by a researcher or expert in the field who is often affiliated with a college, university, or research institution and the article is normally peer-reviewed. In general, it should have footnotes, endnotes, or a bibliography, and may include graphs, charts, videos, or pictures as illustrations of the concepts expressed in the article. In non-academic arenas, a scholarly article should be written for learned persons in that field. In evaluating whether a submitted publication is a professional publication or major media, relevant factors include the intended audience (for professional journals) and the circulation or readership relative to other media in the field (for major media). |
| Evidence that the beneficiary has been employed in a critical or essential capacity for organizations and establishments that have a distinguished reputation.[12] |
Examples:
Considerations: To show a critical role, the evidence should establish that the beneficiary has contributed in a way that is of significant importance to the organization or establishment’s activities. To show an essential role, the evidence should establish that the beneficiary’s role is (or was) integral to the entity. A leadership role in an organization often qualifies as critical or essential. For a supporting role to be considered critical or essential, USCIS considers other factors, such as whether the beneficiary’s performance in the role is (or was) integral or important to the organization or establishment’s goals or activities, especially in relation to others in similar positions within the organization. It is not the title of the beneficiary’s role, but rather the beneficiary’s duties and performance in the role that determines whether the role is (or was) critical or essential. Detailed letters from persons with personal knowledge of the significance of the beneficiary’s role can be particularly helpful in analyzing this criterion. The organization need not have directly employed the beneficiary. In addition, the organization or establishment must be recognized as having a distinguished reputation. Relevant factors for evaluating the reputation of an organization or establishment can include the scale of its customer base, longevity, or relevant media coverage. For academic departments, programs, and institutions, officers may also consider national rankings and receipt of government research grants as positive factors in some cases. For a startup business, officers may consider evidence that the business has received significant funding from government entities, venture capital funds, angel investors, or other such funders commensurate with funding rounds generally achieved for that startup’s stage and industry, as a positive factor regarding its distinguished reputation. |
| Evidence that the beneficiary has either commanded a high salary or will command a high salary or other remuneration for services as evidenced by contracts or other reliable evidence.[14] |
Examples:
Considerations: If the petitioner is claiming to meet this criterion, then the burden is on the petitioner to provide appropriate evidence establishing that the beneficiary’s compensation is high relative to others working in similar occupations in the field. The following webpages, among others, may be helpful in evaluating the relative compensation for a given field:
Officers should evaluate persons working outside of the United States based on the wage statistics or comparable evidence for that locality, rather than by simply converting the salary to U.S. dollars and then viewing whether that salary would be considered high in the United States. For entrepreneurs or founders of startup businesses, officers consider evidence that the business has received significant funding from government entities, venture capital funds, angel investors, or other such funders in evaluating the credibility of submitted contracts, job offer letters, or other evidence of prospective salary or remuneration for services. |
Footnotes
[^ 1] 8 CFR 214.2(o)(3)(iii)(B)(1).
[^ 2] The Carnegie Classification of Institutions of Higher Education recognizes R1 and R2 doctoral universities as having “very high” or “high” research activity, respectively, based on publicly available federal government data regarding the number of doctoral degrees awarded and the amount of total research expenditures. See the Carnegie Classification of Institutions of Higher Education’s Basic Classification Description webpage.
[^ 3] 8 CFR 214.2(o)(3)(iii)(B)(2).
[^ 4] See the IEEE’s Steps to Become an IEEE Fellow webpage.
[^ 5] See the AAAI Fellows Program webpage.
[^ 6] See 8 CFR 214.2(o)(3)(iii)(B)(3).
[^ 7] See 8 CFR 214.2(o)(3)(iii)(B)(4).
[^ 8] See 8 CFR 214.2(o)(3)(iii)(B)(5).
[^ 9] See 8 CFR 214.2(o)(3)(iii)(B)(6).
[^ 10] While many articles accepted for presentation at conferences do not result in publication, there are conferences that peer review and publish accepted presentations in professional journals (sometimes called proceedings), such that they may qualify as scholarly articles under this criterion.
[^ 11] Instead, officers may consider citation evidence relating to the published work as part of the totality analysis to evaluate whether the record establishes that the beneficiary has sustained national or international acclaim and is among the small percentage at the top of the field. For instance, documentation regarding the total rate of citations to the beneficiary’s body of published work relative to others in the field may indicate a beneficiary’s high overall standing for the purpose of demonstrating that the beneficiary is among the small percentage at the top of the field.
[^ 12] See 8 CFR 214.2(o)(3)(iii)(B)(7).
[^ 13] See SBIR America’s Seed Fund webpage.
Updates
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 (EB-4) 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 (PDF, 331.55 KB) 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, 91.05 KB). 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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