LexisNexis® Legal Newsroom
USCIS Policy Memo: Additional Guidance on Determining Periods of Admission for Foreign Nationals Previously Admitted as H-4 Nonimmigrants who are Seeking H-2 or H-3 Status

"This policy memorandum (PM) provides additional guidance regarding how Immigration Services Officers (ISOs) should determine periods of admission for a foreign national. Specifically, this PM clarifies that time spent as an H-4 dependent does not count against the maximum allowable periods of stay...

USCIS Policy Memo: Adjudication of Adjustment of Status Applications for Individuals Admitted to the United States Under the Visa Waiver Program

"This policy memorandum (PM) provides guidance on the adjudication of Form I-485, Application to Register or Adjust Status, filed by immediate relatives of U.S. citizens who were last admitted under the Visa Waiver Program (VWP). This PM updates the Adjudicator’s Field Manual (AFM) by adding...

USCIS Policy Memo: Precedent and Non-Precedent Decisions of the Administrative Appeals Office (AAO)

"This policy memorandum (PM) and accompanying revisions to the Adjudicator’s Field Manual (AFM) guide U.S. Citizenship and Immigration Services (USCIS) officers on the distinction between and proper use of precedent and non-precedent Administrative Appeals Office (AAO) decisions. This PM revises...

USCIS Policy Memo: CSPA Priority Date Retention Guidance

USCIS, Nov. 21, 2013 : Guidance to USCIS Offices on Handling Certain Family-Based Automatic Conversion and Priority Date Retention Requests Pending a Supreme Court Ruling on Mayorkas v. Cuellar de Osorio

Transmission of American Citizenship Through ART - Update: Gary Endelman & Cyrus D. Mehta

"The Department of State has announced a major and most welcome policy shift to facilitate the transmission of American citizenship to children born outside the United States using Assisted Reproductive Technology (ART). It will no longer be necessary in all such cases for the “mother “to...

Exception to the Two-Year Custody and Two-Year Residency Requirement for Abused Adopted Children: USCIS Policy Memo

"This policy memorandum (PM) provides guidance to U.S. Citizenship and Immigration Services (USCIS) officers in adjudicating Form I-360, Petition for Amerasian, Widow(er) or Special Immigrant, filed by a self-petitioning adopted child, when the adopted child has been battered or abused." -...

USCIS Policy Memo: Adjudication of H-1B Petitions for Nursing Occupations

"This policy memorandum (PM) provides guidance on the adjudication of H-1B petitions for nursing positions. Specifically, this PM assists U.S. Citizenship and Immigration Services (USCIS) officers in determining whether or not a nursing position meets the definition of a specialty occupation."...

Adjudication of H-1B Petitions for Nursing Occupations: USCIS Policy Memo, Feb. 18, 2015

"This policy memorandum (PM) provides guidance on the adjudication of H-1B petitions for nursing positions. Specifically, this PM assists U.S. Citizenship and Immigration Services (USCIS) officers in determining whether or not a nursing position meets the definition of a specialty occupation. This...

USCIS Posts Updated L-1B Adjudications Policy for Public Feedback

"U.S. Citizenship and Immigration Services (USCIS) Director León Rodríguez today announced the release of an updated policy memorandum on the L-1B nonimmigrant visa classification for workers with specialized knowledge . The memorandum, which clarifies for USCIS officers how L-1B petitioners...

USCIS Posts 2 New 'Material Support' Policy Memos; May 8, 2015

PM-602-0112, May 8, 2015 - Implementation of the Discretionary Exemption Authority under Section 212(d)(3)(B)(i) of the Immigration and Nationality Act for the Provision of Certain Limited Material Support PM-602-0113, May 8, 2015 - Implementation of the Discretionary Exemption Authority under Section...

USCIS Policy Memo: Updated Implementation of the Special Immigrant Juvenile Perez-Olano Settlement Agreement

"The purpose of this policy memorandum (PM) is to update the guidance previously provided to U.S. Citizenship and Immigration Services (USCIS) personnel in PM-602-0034: Implementation of the Special Immigrant Juvenile Perez-Olano Settlement Agreement, in light of the recent agreement entered into...

USCIS Policy Memo on CSPA Case Holds

"This policy memorandum (PM) rescinds a case hold issued on November 21, 2013, for certain Child Status Protection Act (CSPA) cases impacted by the Scialabba v. Cuellar de Osorio litigation as described in PM-602-0094, “Guidance to USCIS Offices on Handling Certain Family Based Automatic Conversion...

USCIS Policy Memo: Qualifying U.S. Work Experience for Special Immigrant Religious Workers

"On April 7, 2015, the U.S. Court of Appeals for the Third Circuit, in Shalom Pentecostal Church v. Acting Secretary DHS, 783 F.3d 156 (3d Cir. 2015), found the regulatory requirements that qualifying work experience gained in the United States must have been acquired in lawful status (herein “lawful...

USCIS Draft Policy Memo on O&P Agents, Sponsors Open for Comment

Updates to the November 20, 2009 Memorandum on Requirements for Agents and Sponsors Filing as Petitioners for the O and P Visa Classifications DRAFT FOR COMMENT ONLY Posted: 07-16-2015 Comment period ends: 08-13-2015 This draft does not constitute agency policy in any way or for any purpose. -...

USCIS Policy Memo on CSPA Late Filings, Extraordinary Circumstances

NOTE: Although this PM is dated April 15, 2015, it was posted to the USCIS website on July 29, 2015 . Guidance on Evaluating Claims of “Extraordinary Circumstances” for Late Filings When the Applicant Must Have Sought to Acquire Lawful Permanent Residence Within 1 Year of Visa Availability...

USCIS EB-5 Draft Policy Memo for Comment: Aug. 10, 2015

"This policy memorandum (PM) builds upon prior policy guidance for adjudicating EB-5 applications and petitions regarding the job creation requirement, and the requirement to sustain the investment during the conditional residence period." - Draft PM-602-0121; Posted: 08-10-2015; Comment period...

L-1B Adjudications Policy - USCIS Policy Memo, Aug. 17, 2015

"This policy memorandum provides guidance on the adjudication of the L-1B classification, which permits multinational companies to transfer employees who possess “specialized knowledge” from their foreign operations to their operations in the United States. It provides consolidated and...

USCIS Policy Memo: Duran Gonzalez Settlement Implementation (Aug. 25, 2015)

SUBJECT : Additional Guidance for Implementation of the Settlement Agreement in Duran Gonzalez v. Department of Homeland Security—Adjudication of Requests for U.S. Citizenship and Immigration Services (USCIS) Motions to Reopen Certain Consent to Reapply and Adjustment of Status Applications Filed...

USCIS Policy Memo: Initial Field Review of AAO Appeals

USCIS, Nov. 4, 2015 - Initial Field Review of Appeals to the Administrative Appeals Office "This policy memorandum (PM) and accompanying revisions to the Adjudicator’s Field Manual (AFM) provide guidance to employees of U.S. Citizenship and Immigration Services (USCIS) on the proper processing...

USCIS Policy Memo on Updated Paper G-28

USCIS, Nov. 17, 2015 - Updated Paper Version of Form G-28, Notice of Entry of Appearance as Attorney or Representative "This policy memorandum (PM) provides current U.S. Citizenship and Immigration Services (USCIS) guidance regarding changes in the paper version of the new Form G-28, Notice of...

Nov. 18, 2015 Policy Memo: Approval of a Spousal Immediate Relative Visa Petition under INA Sec. 204(l) after the Death of a U.S. Citizen Petitioner

USCIS, Nov. 18, 2015 - "The Policy Memorandum (PM) revises chapter 10.21(a), (b), (c)(2) and the last paragraph of (c)(5) of the Adjudicator’s Field Manual (AFM) to implement the decision in Williams v. DHS Secretary, 741 F.3d 1228 (11th Cir. 2014) for all spousal immediate relative visa petitions...

ABIL Submits Comment to USCIS Draft 'Same or Similar' Policy Memo

Sharon Mehlman, Cyrus Mehta and Angelo Paparelli on behalf of the Alliance of Business Immigration Lawyers, Jan. 4, 2015 - "The Alliance of Business Immigration Lawyers (ABIL) is pleased to provide feedback to the USCIS Draft Policy Memorandum, PM-602-0122 , “Determining Whether a New Job...

USCIS Policy Memo on VAWA Authorized EADs

USCIS, Mar. 8, 2016 - "This policy memorandum (PM) provides guidance to U.S. Citizenship and Immigration Services (USCIS) officers regarding the amendment to the Immigration and Nationality Act (INA) that expands eligibility for employment authorization to battered spouses of certain nonimmigrants...

USCIS Policy Memo: Determining Whether a New Job is in “the Same or a Similar Occupational Classification” for Purposes of Section 204(j) Job Portability

USCIS, Mar. 18, 2016 - "This policy memorandum (PM) provides additional guidance to Immigration Services Officers (ISO) for determining, with respect to the job portability provisions in section 204(j) of the Immigration and Nationality Act (INA), whether one job is in “the same or a similar...

USCIS Floats Draft Policy Memo re Signatures

USCIS, June 7, 2016 - "This policy memorandum (PM) provides the current U.S. Citizenship and Immigration Services (USCIS) policy regarding the signature requirement for applications, petitions, requests, and other documents that require a signature prior to filing with USCIS. This PM does not address...