USCIS Policy Manual

Current as of June 18, 2020

Volume 7 - Adjustment of Status

Part F - Special Immigrant-Based (EB-4) Adjustment

Policy Manual

Part F - Special Immigrant-Based (EB-4) Adjustment

Guidance
Resources
Appendices
Updates

Legal Authorities

18 U.S.C. 1015(f) - Naturalization, citizenship or alien registry

22 CFR 41.24 - International organization aliens

22 CFR 41.25 - NATO representatives, officials, and employees

22 CFR 42.32(d)(2) - Certain U.S. government employees

22 CFR 42.32(d)(3) - Panama Canal employees

22 CFR 42.32(d)(5) - Certain international organization and NATO civilian employees

8 CFR 101.5 - Special immigrant status for certain G-4 nonimmigrants

8 CFR 204.11 - Special immigrant status for certain aliens declared dependent on a juvenile court (special immigrant juvenile)

8 CFR 204.13 - How can the International Broadcasting Bureau of the United States Broadcasting Board of Governors petition for a fourth preference special immigrant broadcaster

8 CFR 204.5(m) - Religious workers

8 CFR 245.1(e)(3) - Special immigrant juveniles

8 CFR 245.8 - Adjustment of status as a special immigrant under section 101(a)(27)(K) of the Act

INA 101(a)(27) - Definitions of certain special immigrants

INA 101(a)(27)(C) - Certain ministers and religious workers

INA 101(a)(27)(D) - Certain employees or former employees of U.S. government abroad

INA 101(a)(27)(E), INA 101(a)(27)(F), and INA 101(a)(27)(G) - Employees of Panama Canal Company or Canal Zone government

INA 101(a)(27)(H) - Special immigrant physicians

INA 101(a)(27)(I) - Certain employees of international organizations

INA 101(a)(27)(J), 8 CFR 204.11 - Special immigrant juveniles

INA 101(a)(27)(K) - Certain armed forces members

INA 101(a)(27)(L) - Certain employees of international organizations

INA 101(a)(27)(M) - Broadcaster for International Broadcasting Bureau of Broadcasting Board of Governors or grantee

INA 203(b)(4) - Certain special immigrants

INA 212(a) - Excludable aliens; classes of aliens ineligible for visas or admission

INA 212(e) - Educational visitor status; foreign residence requirement and waiver

INA 245(g) - Parole provision for special immigrant armed forces members seeking adjustment of status

INA 245(h) - Adjustment of special immigrant juveniles

INA 245(k) - Inapplicability of certain provisions for certain employment-based immigrants

INA 245, 8 CFR 245 - Adjustment of status of nonimmigrant to that of person admitted for permanent residence

Pub. L. 101-649 - Section 153 of the Immigration Act of 1990 (IMMACT 90) - Special immigrant status for certain aliens declared dependent on a juvenile court

Pub. L. 102-110 - Armed Forces Immigration Adjustment Act of 1991

Pub. L. 102-232 - Section 302 of the Miscellaneous and Technical Immigration and Nationality Amendments of 1991

Pub. L. 105-119 - Section 113 of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act of 1998

Pub. L. 109-163 - Section 1059 of the National Defense Authorization Act for Fiscal Year 2006, as amended – Special immigrant status for persons serving as translators with U.S. armed forces

Pub. L. 110-181 - Section 1244 of the National Defense Authorization Act for Fiscal Year 2008, as amended – Special immigrant status for certain Iraqis

Pub. L. 110-457 - Section 235(d) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (TVPRA) - Permanent protection for certain at-risk children

Forms

AR-11, Change of Address

G-28, Notice of Entry of Appearance as Attorney or Accredited Representative

G-325A, Biographic Information

I-290B, Notice of Appeal or Motion

I-360, Petition for Amerasian, Widow(er), or Special Immigrant

I-485, Application to Register Permanent Residence or Adjust Status

I-601, Application for Waiver of Grounds of Inadmissibility

I-693, Report of Medical Examination and Vaccination Record

I-912, Request for Fee Waiver

Appendices

No appendices available at this time.

Technical Update - Removing Obsolete Form I-508F

June 18, 2020

This technical update removes references to Form I-508F, Request for Waiver of Certain Rights, Privileges, Exemptions and Immunities. French nationals are covered by a special convention between France and the United States. Previously, French nationals were required to submit both Form I-508 and Form I-508F to USCIS. The 11/08/19 form edition combines information from both forms. Therefore, French nationals are now only required to submit Form I-508.

AFFECTED SECTIONS

7 USCIS-PM A.2 - Chapter 2 - Eligibility Requirements

7 USCIS-PM F.6 - Chapter 6 - Certain G-4 or NATO-6 Employees and Their Family Members

7 USCIS-PM O.3 - Chapter 3 - Children Born in the United States to Accredited Diplomats

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.

AFFECTED SECTIONS

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 - International Orphans and Adoptees

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

11 USCIS-PM - Volume 11 - Travel and Identity Documents

12 USCIS-PM - Volume 12 - Citizenship and Naturalization

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”].

AFFECTED SECTIONS

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

11 USCIS-PM - Volume 11 - Travel and Identity Documents

12 USCIS-PM - Volume 12 - Citizenship and Naturalization

POLICY ALERT - Use of Form G-325A

October 25, 2018

U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual to remove references to Biographic Information (Form G-325A).

AFFECTED SECTIONS

7 USCIS-PM A - Part A - Adjustment of Status Policies and Procedures

7 USCIS-PM B - Part B - 245(a) Adjustment

7 USCIS-PM F - Part F - Special Immigrant-Based (EB-4) Adjustment

7 USCIS-PM L - Part L - Refugee Adjustment

7 USCIS-PM M - Part M - Asylee Adjustment

7 USCIS-PM O - Part O - Registration

POLICY ALERT - Special Immigrant Juvenile Classification and Special Immigrant-Based Adjustment of Status

October 26, 2016

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance regarding the special immigrant juvenile (SIJ) classification and special immigrant-based (EB-4) adjustment of status, including adjustment based on classification as a special immigrant religious worker, SIJ, and G-4 international organization or NATO-6 employee or family member, among others.

AFFECTED SECTIONS

6 USCIS-PM J - Part J - Special Immigrant Juveniles

7 USCIS-PM F - Part F - Special Immigrant-Based (EB-4) Adjustment