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Interoffice Memorandum: AFM Update: Chapter 22: Employment-based Petitions (AD03-01)
"This memorandum revises Chapter 22 to the Adjudicator's Field Manual (AFM) by adding several new chapters and by revising and re-designating the existing chapters. Chapter 22 pertains to the adjudication of employment-based (EB) immigrant visa petitions for EB-1 through EB-5 classification."
U.S. Citizenship and Immigration Services
Aytes, Michael
2006-09-12
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Interoffice Memorandum: Delegation of Authority to Service Center Directors to Adjudicate Form I-829, Petition by Entrepreneur to Remove Conditions; Adjudication of Form N-400, Application for Naturalization when a Form I-829 is Still Pending
"This memorandum revises Chapter 25.2 of the Adjudicator's Field Manual (AFM) by amending previously published guidance on the adjudication of petitions on Form I-829, Petition by Entrepreneur to Remove the Conditions. This memorandum also supersedes the March 3, 2000 memorandum issued by Michael A. Pearson, Executive Associate Commissioner, Office of Field Operations entitled 'EB-5 Field Memorandum Number 9: Form Processing.' This memorandum also delegates to USCIS [U.S. Citizenship and Immigration Services] Service Center Directors the authority to deny a Form I-829 where the Service Center Director determines that the petition is deniable because on its face, and based on evidence supporting the petition, the eligibility requirements for approving the petition have not been met. Currently, this authority resides solely with the USCIS District Directors."
U.S. Citizenship and Immigration Services
Aytes, Michael
2006-12-21
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Interoffice Memorandum: Delegation of Authority to Service Center Directors to Adjudicate Form 1-829, Petition by Entrepreneur to Remove Conditions; Adjudication of Form N-400, Applications for Naturalization when a Form 1-829 is Still Pending
"This memorandum revises Chapter 25.2 of the Adjudicator's Field Manual (AFM) by amending previously published guidance on the adjudication of petitions on Form 1-829, Petition by Entrepreneur to Remove the Conditions. This memorandum also supersedes the March 3, 2000 memorandum issued by Michael A. Pearson, Executive Associate Commissioner, Office of Field Operations entitled 'EB-5 Field Memorandum Number 9: Form 1-829 Processing.' This memorandum also delegates to USCIS Service Center Directors the authority to deny a Form 1-829 where the Service Center Director determines that the petition is deniable because on its face, and based on evidence supporting the petition, the eligibility requirements for approving the petition have not been met. Currently, this authority resides solely with the USCIS District Directors. Additionally, this memorandum provides guidance regarding the adjudication of the Form N-400, Application for Naturalization, filed by a conditional resident (CR) who has a pending Form 1-829. This guidance is effective immediately. This amended AFM Chapter will be included in the next I-LINK release."
U.S. Citizenship and Immigration Services
Aytes, Michael
2006-12-21
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Interoffice Memorandum: Guidance on Determining Periods of Admission for Aliens Previously in H-4 or L-2 Status; Aliens Applying for Additional Periods of Admission beyond the H-1B Six Year Maximum; and Aliens Who have Not Exhausted the Six-Year Maximum But Who Have Been Absent from the United States for Over One Year
"This memorandum provides guidance in three areas regarding how adjudicators should determine periods of admissions for an alien. Specifically, this memorandum: 1. Clarifies that time spent as an H-4 and L-2 dependent does not count against the maximum allowable periods of stay available to principals in H-1B and L-1 status. 2. Clarifies that H-1B aliens, who qualify under American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Pub.L.106-313) section 106(a) and (c), need not be in H-1B status when requesting an additional period of stay beyond the six year maximum. 3. Clarifies how to determine the maximum period of admission in H-1B status for a beneficiary who was in the United States in valid H-1B status for less than the six-year maximum period of admission, but who has since been outside the United States for more than one year. An alien seeking H-1B or L-1 status (or corresponding derivative status) in light of these clarifications still must meet all of the substantive requirements for those classifications and is subject to the normal rules concerning maintenance of status."
U.S. Citizenship and Immigration Services
Aytes, Michael
2006-12-05
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Interoffice Memorandum: Elimination of Form I-688B, Employment Authorization Card
"U.S. Citizenship and Immigration Services (USCIS) currently issues two types of employment authorization documents, Form I-766, Employment Authorization Document (EAD), and Form I-688B, Employment Authorization Card. Form I-766 is produced at the Integrated Card Production System (ICPS) in Corbin, Kentucky, accounting for approximately 88% of the EADs produced on behalf of USCIS. Form I-688B is produced at the various Field Offices and comprises the remaining 12%. Numerous vulnerabilities exist with the manual production of EADs at the Field Offices. Some of the risks include inconsistent frequency of data uploads to mainframe systems, lack of uniform quality of EAD issuance and limited security measures. Since the standalone EAD system was originally developed and implemented in 1989, there are now various issues pertaining to outdated card technology, obsolete equipment, ongoing equipment problems, and lack of maintenance support. Beginning September 1, 2006, USCIS will reduce the need for locally produced EADs in order to reach a goal of total elimination of Form I-688B issuance by October 1, 2006. In order to attain this objective, Headquarters, Field Offices and Service Centers will work in unison to successfully complete the numerous stages in this process. This initiative affects both locally produced interim EADs and non-interim EADs."
U.S. Citizenship and Immigration Services
Aytes, Michael
2006-08-18
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Interoffice Memorandum: Post-September 30, 2006, processing of EAD applications pending at local offices before September 1, 2006
"On August 18, 2006, and September 19, 2006, this office published memoranda titled, Elimination of Form I-688B, Employment Authorization Card and Clarifications to August 18, 2006 memorandum, respectively. The former directs local offices to forward any EAD applications received between September 1, 2006, and September 30, 2006 inclusive to the appropriate service center or the Chicago Lockbox. The latter directs local offices to make every effort to adjudicate cases received before September 1, 2006 and produce a Form I-688B on or before September 30, 2006. This memorandum addresses cases where field offices are unable to complete such processing by September 30, 2006. Local offices may find it impossible to complete adjudication and card production for some cases received before September 1, 2006, for a variety of legitimate reasons including, but not limited to the applicant not having responded to a request for evidence and the case not being amenable to denial for abandonment. In such cases, the local office should retain the case and complete adjudication of it."
U.S. Citizenship and Immigration Services
Aytes, Michael
2006-09-29
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Interoffice Memorandum: 'Creating Opportunities for Minor League Professional, Entertainers, and Teams through Legal Entry Act of 2006 (COMPETE Act of 2006)' - Admission as P-1 Nonimmigrant
"Public Law 109-463, Creating Opportunities for Minor League Professional, Entertainers, and Teams through Legal Entry Act of 2006 (COMPETE Act of 2006) expands the P-1 nonimmigrant visa classification to include certain athletes who were formerly admitted as H-2B nonimmigrants."
U.S. Citizenship and Immigration Services
Aytes, Michael
2006-12-28
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Interoffice Memorandum: Public Law 109-423 - Reauthorization of H-1C Program under the Nursing Relief for Disadvantaged Areas Act of 2005
"The purpose of this memorandum is to notify U.S. Citizenship and Immigration Services (USCIS) officers that the Nursing Relief for Disadvantaged Areas Act of 1999 (NRDAA) has been reauthorized for an additional three years and to inform the officers of the effect of this extension on the adjudication of Form I-129 for H-1C nurses."
U.S. Citizenship and Immigration Services
Aytes, Michael
2006-12-26
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Interoffice Memorandum: Alternate Definition of 'American Firm or Corporation' for Purposes of Section 316(b) of the Immigration and Nationality Act, 8 USC 1427(b), and the Standard of Proof Applicable in Most Administrative Immigration Proceedings, Revision to Adjudicator's Field Manual (AFM) Chapter 11.1(c) (AFM Update AD06-12), Revision to Adjudicator's Field Manual (AFM) Appendix 74-14 (AFM Update AD06-12)
"This memorandum informs U.S. Citizenship and Immigration Services (USCIS) personnel of changes to the Adjudicator's Field Manual (AFM) regarding an alternate definition of 'American firm or corporation' for purposes of section 316(b) of the Immigration and Nationality Act (the Act), 8 USC 1427(b), and the standard of proof applicable in most administrative immigration proceedings. These amendments are the result of the designation by Acting Deputy Director, Robert C. Divine, of the Administrative Appeals Office (AAO) decision in Matter of […] as a USCIS Adopted Decision. This guidance is effective immediately. Please direct any questions regarding this memorandum through appropriate channels to the Office of Program and Regulations Development."
U.S. Citizenship and Immigration Services
Aytes, Michael
2006-01-11
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Interoffice Memorandum: AFM Update: Chapter 31: H-1B Cap Exemption for Aliens Holding a Masters or Higher Degree from a U.S. Institution. (AD06-24)
"This memorandum revises Chapter 31.3 of the Adjudicator's Field Manual (AFM). Chapter 31 pertains to the adjudication of H-1B petitions. This update will be included in the next INSERTS release."
U.S. Citizenship and Immigration Services
Aytes, Michael
2006-05-02
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Interoffice Memorandum: Delegation of Authority for I-751, 'Petition to Remove Conditions on Residence'
"The purpose of this memorandum is to delegate to the USCIS [U.S. Citizenship and Immigration Services] Service Center Directors the authority to deny an I-751, 'Petition to Remove Conditions on Residence' where the Service Center Director is satisfied that the marriage is for the purpose of evading U.S. immigration laws. Currently, this authority resides solely with the USCIS District Directors. In order for USCIS to achieve its mission of providing immigration benefits efficiently and accurately, delegation of authority is hereby made to the Service Center Directors to deny I-751 petitions and waive applicable interviews in cases where the Service Center Director is satisfied that the marriage is for the purpose of evading U.S. immigration laws."
U.S. Citizenship and Immigration Services
Aytes, Michael
2006-01-30
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Interoffice Memorandum: Extension of Validity of Medical Certifications on Form I-693 [January 11, 2006]
"This memorandum temporarily extends the validity of civil surgeon endorsements on Form I-693 for certain adjustment of status applicants. For adjustment of status applicants, the endorsement of a civil surgeon on Form I-693, Medical Examination of Aliens Seeking Adjustment of Status, is generally valid for one year. Some adjustment of status applications are concurrently filed with an immigrant visa petition as provided for at 8 CFR 245.2(a)(2). These applications are filed with a Form I-693 as required by 8 CFR 245.5. Some of these applications remain pending for more than the one-year validity period. In a policy memorandum dated December 2, 2004, U.S. Citizenship and Immigration Services (CIS) extended the validity of the civil surgeon endorsement on Form I-693 until the adjustment of status application could be adjudicated. This policy was issued in consultation with the Centers for Disease Control and Prevention (CDC) and is limited to those applications where no Class A or Class B medical condition was certified. The policy was in effect until January 1, 2006."
U.S. Citizenship and Immigration Services
Aytes, Michael
2006-01-11
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Interoffice Memorandum: Interim Guidance for Adjudicating National Interest Waiver (NIW) Petitions and Related Adjustment Applications for Physicians Serving in Medically Underserved Areas in Light of Schneider v. Chertoff, 450 F.3d 944 (9th Cir. 2006) ('Schneider decision')
"This memorandum establishes interim procedures for adjudicating national interest waiver (NIW) immigrant petitions and related adjustment of status applications filed on behalf of physicians practicing in medically underserved areas or at facilities operated by the Department of Veterans Affairs (VA) in light of the Ninth Circuit Court of Appeals decision in Schneider v. Chertoff, 450 F.3d 944 (9th Cir. 2006). USCIS [U.S. Citizenship and Immigration Services] is implementing the Schneider decision nationwide not only to ensure immediate compliance with the decision in cases within the jurisdiction of the Ninth Circuit, but also to ensure consistent adjudication of all NIW physician cases nationwide. This interim guidance will be followed by amended regulations to give regulatory effect to the Schneider decision. In addition, though not mandated by the Schneider decision, USCIS is expanding the fields of medical specialty that may qualify physicians for NIWs by accepting petitions on behalf of physicians who provide specialty care. USCIS will adjudicate and approve NIW petitions for physicians who work in geographic areas that are designated by the Secretary of Health and Human Services' as having a shortage of medical specialists for the Physicians Scarcity Area (PSA) program. Lastly, this memorandum contains a technical correction to the subchapter references in section 22.2(b) of the AFM, which were originally published on September 12, 2006."
U.S. Citizenship and Immigration Services
Aytes, Michael
2007-01-23
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Interoffice Memorandum: Guidance for Adjudication of Family-Based Petitions and I-129F Petition for Alien Fiancé(e) under the Adam Walsh Child Protection and Safety Act of 2006
"On July 27, 2006, the President signed the Adam Walsh Child Protection and Safety Act of 2006, (Adam Walsh Act), Pub. L. 109-248. Title IV of the Adam Walsh Act, 'Immigration Law Reforms to Prevent Sex Offenders from Abusing Children' contains two provisions that amend the Immigration and Nationality Act (Act). This memorandum provides guidance to U.S. Citizenship and Immigration Services (USCIS) field offices regarding the amendments made by the Adam Walsh Act to sections 204(a)(1)(A)(i), 204(a)(1)(B)(i), 101(a)(15)(K), and 237(a)(2)(A) of the Act."
U.S. Citizenship and Immigration Services
Aytes, Michael
2007-02-08
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Interoffice Memorandum: Eligibility of Arriving Aliens in Removal Proceedings to Apply for Adjustment of Status and Jurisdiction to Adjudicate Applications for Adjustment of Status
"On May 12, 2006, the Department of Homeland Security (DHS) issued an interim rule (71 FR 27585), which allows paroled arriving aliens in removal proceedings to apply for adjustment of status to lawful permanent resident. This memorandum provides guidance on United States Citizenship and Immigration Services (USCIS) jurisdiction and eligibility considerations pertaining to arriving aliens in removal proceedings who seek to adjust status to lawful permanent resident."
U.S. Citizenship and Immigration Services
Aytes, Michael
2007-01-12
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Interoffice Memorandum: Processing of Applications for Ancillary Benefits Involving Aliens Who Pose National Security or Egregious Public Safety Concerns
"This memorandum modifies the guidance provided in the July 11, 2006 memorandum entitled Disposition of Cases Involving Removable Aliens (PM 110), as it relates to the adjudication of applications for primary and ancillary benefits filed by aliens who pose egregious public safety concerns. It also modifies the February 16, 2007, memorandum entitled National Security Reporting Requirements, and provides new guidance regarding the adjudication of ancillary applications1 filed by aliens who pose national security concerns."
U.S. Citizenship and Immigration Services
Aytes, Michael
2007-05-11
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Interoffice Memorandum: Adjustment of Status for K-2 Aliens
"The purpose of this memorandum is to remind officers that K-2 aliens seeking to adjust status are NOT required to demonstrate a step-parent/step-child relationship with the petitioner. A K-2 alien who is over 18 years of age may adjust status provided they satisfy the requirements for adjustment of status under Section 245 of the Immigration and Nationality Act (INA). Officers should follow the regulations at 8 CFR 214.2(k)(6)(ii) regarding adjustment of status for K-2 aliens."
U.S. Citizenship and Immigration Services
Aytes, Michael
2007-03-15
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Interoffice Memorandum: Public Law 109-477 - Two-Year Extension of Conrad State 30 Program
"The purpose of this memorandum is to notify U.S. Citizenship and Immigration Services (USCIS) officers that the Conrad State 30 Program has been extended until June 1, 2008 (the program was set to expire on June, 1, 2006). This change became effective on May 31, 2006. The following guidance details the effect of this two-year extension on the adjudication of Form I-612, Application for Waiver of the Foreign Residence Requirement of Section 212(e) of the Immigration and Nationality Act, and Form I-129, Petition for Nonimmigrant Worker."
U.S. Citizenship and Immigration Services
Aytes, Michael
2007-01-29
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Interoffice Memorandum: Extension of Validity of Medical Certifications on Form I-693 [January 3, 2007]
"This memorandum temporarily extends the validity of civil surgeon endorsements on Form I-693 for certain adjustment of status applicants. For adjustment of status applicants, the endorsement of a civil surgeon on Form I-693, Medical Examination of Aliens Seeking Adjustment of Status, is generally valid for one year. Some adjustment of status applications are concurrently filed with an immigrant visa petition as provided for at 8 CFR 245.2(a) (2). These applications are filed with a Form I-693 as required by 8 CFR 245.5. Some of these applications remain pending for more than the one-year validity period. In a policy memorandum dated January 11, 2006, U.S. Citizenship and Immigration Services (CIS) extended the validity of the civil surgeon endorsement on Form I-693 until the adjustment of status application could be adjudicated. This policy was issued in consultation with the Centers for Disease Control and Prevention (CDC) and is limited to those applications where no Class A or Class B medical condition was certified. The policy is in effect until January 1, 2007. Due to the continuing backlog of some concurrently filed adjustment of status applications, the validity of the civil surgeon's endorsement on Form I-693, when submitted in support of a concurrently filed adjustment of status application as provided for at 8 CFR 245.2(a) (2), is extended until the time of adjudication if no Class A or Class B medical condition is certified by the civil surgeon. This policy will be in effect until January 1, 2008."
U.S. Citizenship and Immigration Services
Aytes, Michael
2007-01-03
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Interoffice Memorandum: Guidance on Accepting H-1B Petitions for the FY 2008 Filing Period with a 'Screen Print' of a Certified Labor Condition Application
"April 2, 2007 is the first date on which USCIS [U.S. Citizenship and Immigration Services] will accept H-1B petitions requesting FY 2008 cap numbers. Today, USCIS has been informed that the Department of Labor (DOL) website through which a Labor Condition Application (LCA) is requested has occasionally been unable to print a copy of the certified LCA after completion of the certifying process. This guidance instructs USCIS officers to accept H-1B petitions filed without a copy of the certified LCA for the FY 2008 cap if the filings are accompanied by screen prints from the DOL website showing that the LCAs were in fact certified on March 30, 2007 (or any other date on which USCIS can verify with DOL that the DOL LCA website malfunctioned). The screen print must display the ETA case number, the petitioner EIN, and the employer name. Prior to final adjudication of the petitions, USCIS may require copies of the certified LCAs."
U.S. Citizenship and Immigration Services
Aytes, Michael
2007-03-30
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Memorandum: Implementation of Section 691 of Division J of the Consolidated Appropriations Act, 2008, and Updated Processing Requirements for Discretionary Exemptions to Terrorist Activity Inadmissibility Grounds
"On December 26,2007, the President signed the Consolidated Appropriations Act, 2008, Pub: L. 110-161, 121 Stat. 1844 (CM). In section 691 of Division J (Department of State, Foreign Operations, and Related Programs Appropriations Act) of the CM, Congress amended the discretionary authority of the Secretary of Homeland Security and the Secretary of State, under section 212(d)(3)(B)(i) of the Immigration and Natio'1ality Act (INA), to exempt the effect of an alien's terrorist activities on his or her inadmissibility to, or removability from, the United States. Additionally, section 691 named certain groups (all of which the Secretaries had previously determined qualified for an exemption under 212(d)(3)(B)) that were not to be considered terrorist organizations under the INA based on terrorist activities conducted prior to enactment of the CM. It also stated that the Taliban would be considered a Tier I terrorist organization under INA section 212( a)(3)(B)(vi)(I). A copy of the relevant legislation is included as an attachment to this memorandum. This memorandum explains relevant changes in the law and provides implementation guidance for adjudicating those applications for immigration benefits filed with U.S. Citizenship and Immigration Services (USCIS) that are impacted by this legislation. It also announces exercises of discretionary authority by Secretaries Chertoff and Rice under INA section 212(d)(3)(B)(i), as amended, on June'3, 2008. The memorandum also provides instructions for consideration of these exemptions."
U.S. Citizenship and Immigration Services
Aytes, Michael
2008-07-28
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Interoffice Memorandum: New Classification for Victims of Criminal Activity - Eligibility for 'U' Nonimmigrant Status, Revisions to Adjudicator's Field Manual (AFM) Chapter 39 (AFM Update AD08-12)
"This memorandum provides guidance to U.S. Citizenship and Immigration Services (USCIS) officers in the field regarding a new nonimmigrant classification created by the Victims of Trafficking and Violence Protection Act of 2000 (VTVPA), Pub. L. 106-386, 114 Stat. 1464 (Oct. 28,2000). Title V of the VTVPA is entitled the Battered Immigrant Women Protection Act (BIWP A), and contains the provisions creating the U nonimmigrant status and establishing the eligibility requirements. Interim final regulations implementing the provisions creating the U nonimmigrant classification were published on September 17,2007. 72 Fed. Reg. 53,014. This guidance establishes the requirements and procedures for aliens seeking nonimmigrant status under this new classification. This memorandum also provides clarification on eligibility requirements for qualifying family members who were granted interim relief. The U regulation sets forth general eligibility requirements for derivative U Nonimmigrants, however these regulations do not address eligibility requirements for derivatives who are in interim relief status. Many qualifying family members who were granted interim relief do not meet the general age requirements in the rule. However the U regulation provides that, upon approval of a petition for U nonimmigrant status, principal petitioners and derivative family members who were granted interim relief will be accorded U nonimmigrant status as of the date that the request for U interim relief was approved. This guidance provides that with regard to qualifying family members who were granted interim relief, the family member's age on the date of the U interim relief filing shall be controlling for the age eligibility requirement, just as the interim relief approval date is controlling in designating the initial date of U nonimmigrant status."
U.S. Citizenship and Immigration Services
Aytes, Michael
2008-03-27
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Memorandum: Adjustment of Status for VAWA Self-Petitioner Who is Present without Inspection, Revision of Adjudicator's Field Manual (AFM) Chapter 23.5 (AFM Update AD 08-16)
"This memorandum provides guidance to USCIS [U.S. Citizenship and Immigration Services] adjudicators for adjudicating adjustment of status applications filed by VAWA [Violence Against Women Act] self-petitioners who are present in the United States without having been inspected and admitted or paroled."
U.S. Citizenship and Immigration Services
Aytes, Michael
2008-04-11
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Memorandum: Adjustment of Status for VAWA Self-Petitioner Who is Present without Inspection Revision of Adjudicator's Field Manual (AFM) Chapter 23.5 (AFM Update AD 08-16)
"This memorandum provides guidance to USCIS [ U.S. Citizenship and Immigration Services] adjudicators for adjudicating adjustment of status applications filed by VAWA [Violence Against Women Act ] self-petitioners who are present in the United States without having been inspected and admitted or paroled."
U.S. Citizenship and Immigration Services
Aytes, Michael; Neufeld, Donald
2008-04-11
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Interoffice Memorandum: Effect of Form I-130 Petitioner's Death on Authority to Approve the Form I-130, Revisions to Adjudicator's Field Manual (AFM) Chapter 21.2 (AFM Update AD08-04)
"This memorandum reaffirms, for cases outside the 9th Circuit, USCIS [U.S. Citizenship and Immigration Services] policy concerning the effect of a visa petitioner's death, while the petition is still pending, on the authority to approve the petition. For cases within the 9th Circuit, the memorandum directs USCIS adjudicators to follow Freeman v. Gonzales, 444 F.3d 1031 (9th Cir. 2006), in cases involving the same essential facts."
U.S. Citizenship and Immigration Services
Aytes, Michael
2007-11-08
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Interoffice Memorandum: Processing of Form I-90s Filed by Aliens Who Pose National Security or Egregious Public Safety Concerns
"This memorandum reaffirms the guidance provided in the July 11, 2006, memorandum entitled Disposition of Cases Involving Removable Aliens (PM110) as it relates to the processing of an Application to Replace Permanent Resident Card (Form I-90), filed by an alien who poses a national security or egregious public safety concerns. It also modifies the February 16, 2007,memorandum entitled National Security Reporting Requirements, and provides new guidance regarding the adjudication of a Form I-90 filed by an alien who poses a national security concern."
U.S. Citizenship and Immigration Services
Aytes, Michael
2007-05-17
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Interoffice Memorandum: Consolidation of Policy Regarding USCIS Form I-864, Affidavit of Support (AFM Update AD06-20)
"This memorandum revises Chapter 20.5 of the Adjudicator's Field Manual (AFM) to conform this chapter to the final rule relating to the use of Affidavits of Support (Forms I-864) under section 213A of the Immigration and Nationality Act (INA), 8 U.S.C. 1183a, as amended. The final rule was published on June 21, 2006 in the Federal Register at 71 FR 35732. This memorandum also (1) clarifies that an Affidavit of Support must be sufficient both at the time the adjustment of status application is filed and at the time the adjustment application is adjudicated, and (2) reiterates that, subject to limited exceptions, an Affidavit of Support is sufficient at the time of the adjudication if it was sufficient at the time it was filed with the Form I-485, Application to Register Permanent Residence or to Adjust Status. Both the final rule and this memorandum are effective July 21, 2006."
U.S. Citizenship and Immigration Services
Aytes, Michael
2006-06-27
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Interoffice Memorandum: Adjudication of Form N-648, Medical Certification for Disability Exceptions to the Immigration and Nationality Act (INA) Section 312 Naturalization Requirements, Revisions to Adjudicator's Field Manual (AFM) Chapter 72.2(d)(5) and Appendix 72-13 (AFM Update AD06-09)
"USCIS [U.S. Citizenship and Immigration Services] has detected patterns of fraud and misrepresentation in the submission of Form N-648, Medical Certification for Disability Exceptions. In order to address these concerns and protect the integrity of the naturalization process, USCIS is issuing this memorandum to provide comprehensive and updated policy guidance for the review of Form N-648. This memorandum supersedes the April 7, 1999 Memorandum entitled, 'Section 312 Disability Naturalization Adjudications (Policy Memo # 47 and attachments),' and updates the Adjudicator's Field Manual (AFM)."
U.S. Citizenship and Immigration Services
Aytes, Michael
2006-05-10
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Interoffice Memorandum: Guidance Regarding Eligibility for Exemption from the H-1B Cap Based on §103 of the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313), Revisions to Adjudicator's Field Manual (AFM) Chapter 31.3 (AFM Update AD06-27)
"This memorandum provides field offices with guidance on determining eligibility for exemptions to the H-1B cap based on employment or an offer of employment at an institution of higher education, a related or affiliated nonprofit entity, a nonprofit research organization, or a governmental research organization as provided by section 103 of the American Competitiveness in the Twenty-First Century Act of 2000 (AC21), Pub. L. 106-313 (as codified in section 214(g)(5)(A) and (B) of the Immigration and Nationality Act (INA or Act)."
U.S. Citizenship and Immigration Services
Aytes, Michael
2006-06-06
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Interoffice Memorandum: Clarification of Aging Out Provisions as They Affect Preference Relatives and Immediate Family Members Under The Child Status Protection Act Section 6 And Form I-539 Adjudications for V Status, Revisions to Adjudicator's Field Manual (AFM) Chapters 21.2(e)(4)(C) and 37.4 (AFM Update AD06-21)
"Section I of this memorandum clarifies when an alien beneficiary is eligible to exercise the 'opt-out provisions under section 6 of the CSPA. Section II of this memorandum addresses adjudication of Form I-539 requests for extension of V-2 and V-3 status when the petitioner has naturalized. The AFM updates also contain updated filing location information for V related employment authorization requests and amended language to reflect USCIS policy in light of the Akhtar v. Burzynski, 384 F.3d 1193 (9th Cir. 2004) decision."
U.S. Citizenship and Immigration Services
Aytes, Michael
2006-06-14
