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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Policy memoranda that have been partially or fully superseded by the USCIS Policy Manual have been stamped and archived in the USCIS History and Library collection.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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This policy memorandum (PM) provides guidance regarding the filing and adjudication of H-2B nonimmigrant petitions that fall under section 1049 of the National Defense Authorization Act for Fiscal Year 2018 (NDAA).
This policy memorandum (PM) finalizes the interim memorandum under the same title issued by U.S. Citizenship and Immigration Services (USCIS) on June 7, 2016. It provides the current USCIS policy regarding the signature requirement for applications, petitions, requests, and other documents that require a signature prior to filing with USCIS.
This policy memorandum (PM) clarifies the 1982 precedent decision, Matter of Hughes, by instructing officers that proxy votes must be irrevocable from the time of filing the L-1 petition through adjudication to establish a qualifying relationship. The petitioner must file an amended petition if any changes of ownership and control of the organization occur after USCIS adjudicates the petition.
This Policy Memorandum rescinds Matter of Vazquez as an Adopted Decision in accordance with the reasoning contained in this memorandum. Matter of Buschini remains overruled and inoperative, as this memorandum supercedes all prior guidance regarding the determination of Cuban citizenship for the purposes of adjustment under Pub. L. 89-732 (November 2, 1966), as amended, the Cuban Adjustment Act (CAA).
This policy memorandum (PM) clarifies that for an applicant to qualify for TN status based on work in the profession of economist, the applicant must engage in activities consistent with the profession of economist.
On January 3, 2014, USCIS published interim guidance entitled “Criteria for Determining Habitual Residence in the United States for Children from Hague Convention Countries.” This guidance established criteria to determine whether the Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption (“Hague Adoption Convention”) applies to the adoption in the United States of a child from another Hague Adoption Convention country.
Matter of V-S-G- Inc. clarifies that beneficiaries of valid employment-based immigrant visa petitions who are eligible to change jobs or employers (“port”) and who have properly requested to do so under section 204(j) of the Immigration and Nationality Act, 8 U.S.C. § 1154(j), are “affected parties” under DHS regulations for purposes of revocation proceedings of their visa petitions and must be afforded an opportunity to participate in those proceedings.
This Policy Memorandum (PM) adopts and provides guidance on the implementation of the Administrative Appeals Office’s (AAO) adopted decision in Matter of V-S-G- Inc., Adopted Decision 2017-06 (AAO Nov. 11, 2017).
Matter of G- Inc. clarifies that, to establish that a beneficiary will be employed in a managerial capacity as a “function manager,” the petitioner must demonstrate that: (1) the function is a clearly defined activity; (2) the function is “essential,” i.e., core to the organization; (3) the beneficiary will primarily manage, as opposed to perform, the function; (4) the beneficiary will act at a senior level within the organizational hierarchy or with respect to the function managed; and (5) the beneficiary will exercise discretion over the function’s day-to-day operations.
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This policy memorandum (PM) supersedes and rescinds the April 23, 2004 memorandum titled “The Significance of a Prior CIS Approval of a Nonimmigrant Petition in the Context of a Subsequent Determination Regarding Eligibility for Extension of Petition Validity” and section VII of the August 17, 2015 policy memorandum titled “L-1B Adjudications Policy.”
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