USCIS Policy Manual

Current as of January 16, 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 - 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

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