Policy Memoranda

This page provides access to various policy and procedural memoranda, which guides USCIS adjudicators as they process applications and petitions for immigration benefits while still protecting national security. In addition to the USCIS Policy Manual, USCIS policy memoranda contain the official policies of USCIS and assist immigration officers in rendering decisions. These policy memoranda are to be followed by USCIS officers in the performance of their duties but do not remove their discretion in making adjudicatory decisions. The policy memoranda do not create any substantive or procedural rights or benefits that are legally enforceable by any party against the United States, or its agencies or officers or any other person.

Policy memoranda that have been partially or fully superseded by the USCIS Policy Manual have been stamped and archived in the USCIS History and Library collection. If you have bookmarked links to affected memos, you will now be redirected to the USCIS Policy Manual where you may find current policy.

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Matter of H-V-P-, Adopted Decision 2016-01 (AAO Feb. 9, 2016) (PDF, 139.88 KB)

March 09, 2016

Matter of H-V-P- clarifies that, in addition to primary care physicians, medical specialists who agree to practice in any area designated by the Secretary of Health and Human Services as having a shortage of health care professionals may be eligible for the physician national interest waiver.

Approval of a Spousal Immediate Relative Visa Petition under Section 204(l) of the Immigration and Nationality Act after the Death of a U.S. Citizen Petitioner (PDF, 220.54 KB)

November 30, 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 under section 204(l) of the Immigration and Nationality Act (INA) after the death of a U.S. citizen petitioner, including petitions filed outside the jurisdiction of the U.S. Court of Appeals for the Eleventh Circuit (11th Circuit court).

Updated Paper Version of Form G-28, Notice of Entry of Appearance as Attorney or Representative (PDF, 90.46 KB)

November 17, 2015

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 Entry of Appearance as Attorney or Representative (G-28).

Initial Field Review of Appeals to the Administrative Appeals Office (PDF, 297.5 KB)

November 04, 2015

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 of appeals to the Administrative Appeals Office (AAO).

Settlement Agreement in Duran Gonzalez v. Department of Homeland Security (PDF, 369.44 KB)

August 26, 2015

Adjudication of Requests for U.S. Citizenship and Immigration Services (USCIS) Motions to Reopen Certain Consent to Reapply and Adjustment of Status Applications Filed in the Ninth Circuit Between August 13, 2004, and November 30, 2007.

USCIS Final Guidance on When to File an Amended or New H-1B Petition After Matter of Simeio Solutions, LLC (PDF, 253.92 KB)

July 21, 2015

On April 9, 2015, USCIS’ Administrative Appeals Office (AAO) issued the precedent decision, Matter of Simeio Solutions, LLC (Simeio), which held that an H-1B employer must file an amended or new H-1B petition when a new Labor Condition Application for Nonimmigrant Workers (LCA) is required due to a change in the H-1B worker’s place of employment.

Qualifying U.S. Work Experience for Special Immigrant Religious Workers (PDF, 80.47 KB)

July 05, 2015

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 status requirements”) in 8 CFR 204.5(m)(4) and (11) to be beyond the Department’s legal authority (ultra vires).

Updated Guidance to USCIS Offices on Handling Certain Family-Based Automatic Conversion and Priority Date Retention Requests Following the Supreme Court Ruling in Scialabba v. Cuellar de Osorio (PDF, 261.02 KB)

June 30, 2015

Updated Implementation of the Special Immigrant Juvenile Perez-Olano Settlement Agreement (PDF, 288.9 KB)

June 25, 2015

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 between USCIS and the plaintiffs in Perez-Olano v. Holder, No. CV 05-3604 (C.D. Cal.), which took effect on March 27, 2015.

Implementation of the Discretionary Exemption under the Immigration and Nationality Act for the Provision Certain Limited Material Support (PDF, 354.95 KB)

May 08, 2015

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