Policy Memoranda

This page provides access to various policy and procedural memoranda which gives guidance to USCIS adjudicators in their work of processing applications and petitions for immigration benefits while still protecting national security.

ATTENTION: Policy memos that have been partially or fully superseded by the USCIS Policy Manual have been stamped and republished. If you have bookmarked affected memo PDF files, you will now see the updated stamped version of the memo indicating that you should visit www.uscis.gov/policymanual for current policy.

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Guidance on Determining Suitability of Prospective Adoptive Parents for Intercountry Adoption (PDF, 296 KB)
This policy memorandum (PM) amends the Adjudicator's Field Manual (AFM) to provide guidance on issues related to prospective adoptive parent (PAP) suitability that may arise when adjudicating intercountry adoption cases.
Procedural Guidance for Implementing Regulatory Changes Created by Interim Final Rule, Aliens Subject to a Bar on Entry under Certain Presidential Proclamations; Procedures for Protection Claims (PDF, 81 KB)
This memorandum provides USCIS asylum officers with guidance for considering and processing claims of asylum, statutory withholding of removal, and protection under the Convention Against Torture (CAT), including in the credible fear context, to conform to the Interim Final Rule (IFR), Aliens Subject to a Bar on Entry under Certain Presidential Proclamations; Procedures for Protection Claims, 83 Fed. Reg. 55,934 (Nov. 9, 2018).
Implementing the National Defense Authorization Act for Fiscal Year 2019 and the Exemption to the Temporary Need Requirement for H-2B Workers on Guam and in the Commonwealth of the Northern Mariana Islands (PDF, 108 KB)
This policy memorandum (PM) provides guidance regarding the filing and adjudication of H-2B nonimmigrant petitions that fall under section 1045 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2019 and supersedes the February 15, 2018 memorandum (PM-602-0156) that originally implemented section 1049 of the National Defense Authorization Act for FY 2018.
Accrual of Unlawful Presence and F, J, and M Nonimmigrants (PDF, 129 KB)
This Policy Memorandum (PM) provides guidance to U.S. Citizenship and Immigration Services (USCIS) officers and assists USCIS officers in the calculation of unlawful presence of those in student (F nonimmigrant), exchange visitor (J nonimmigrant), or vocational student (M nonimmigrant) status and their dependents while in the United States.
Issuance of Certain RFEs and NOIDs; Revisions to Adjudicator’s Field Manual (AFM) Chapter 10.5(a), Chapter 10.5(b) (PDF, 113 KB)
This Policy Memorandum (PM) provides guidance to U.S. Citizenship and Immigration Services (USCIS) adjudicators regarding the discretion to deny an application, petition, or request without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) if initial evidence is not submitted or if the evidence in the record does not establish eligibility.
Guidance for Processing Reasonable Fear, Credible Fear, Asylum, and Refugee Claims in Accordance with Matter of A-B (PDF, 133 KB)
This policy memorandum (PM) provides guidance to U.S. Citizenship and Immigration Services (USCIS) officers for determining whether a petitioner is eligible for asylum or refugee status in light of the Attorney General’s decision in Matter of A-B-.
Updated Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens (PDF, 140 KB)
This Policy Memorandum (PM) outlines how U.S. Citizenship and Immigration Services’ (USCIS) Notice to Appear (NTA) and referral policies implement the Department of Homeland Security’s (DHS) removal priorities, including those identified in Executive Order 13768, and it provides updates to USCIS’ guidelines for referring cases and issuing NTAs. This PM supersedes Policy Memorandum 602-0050, Revised Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Removable Aliens, dated November 7, 2011.
Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) When Processing a Case Involving Information Submitted by a Deferred Action for Childhood Arrivals (DACA) Requestor in Connection With a DACA Request or a DACA-Related Benefit (PDF, 77 KB)
This Policy Memorandum (PM) confirms and clarifies which Notice to Appear (NTA) and referral policies apply: (1) to DACA requestors when processing a DACA request or DACA-related benefit request and (2) to DACA recipients when the Federal Government is seeking to terminate DACA.
DNA Evidence of Sibling Relationships (PDF, 136 KB)
This policy memorandum (PM) amends U.S. Citizenship and Immigration Services’ (USCIS) policy on DNA evidence of sibling relationships and revises the Adjudicator’s Field Manual (AFM), Chapter 21.9(c).
Matter of S- Inc, Adopted Decision 2018-02 (AAO Mar 23, 2018) (PDF, 119 KB)
Matter of S- Inc. addresses the prohibition on multiple H-1B filings by “related entities (such as a parent company, subsidiary, or affiliate).” PM-602-0159

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