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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Policy memoranda that have been partially or fully superseded by the USCIS Policy Manual have been stamped and archived in the USCIS History and Library collection.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) 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).
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.
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.
An alien seeking classification as a child under sections 203(a)(2)(A) or 203(d) of the Immigration and Nationality Act (INA), or as a derivative beneficiary under INA 203(a) or 203(b), who is under 21 years of age as determined by the Child Status Protection Act (CSPA
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.
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).
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.
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