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Policy memoranda that have been partially or fully superseded by the USCIS Policy Manual have been stamped and archived in the USCIS History and Library collection.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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Guidance on Determining Suitability of Prospective Adoptive Parents for Intercountry Adoption (PDF, 886.91 KB)

November 09, 2018

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.

Guidance for Processing Reasonable Fear, Credible Fear, Asylum, and Refugee Claims in Accordance with Matter of A-B (PDF, 257.14 KB)

July 11, 2018

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-. ALERT: On December 19, 2018, in Grace v. Whitaker, No. 18-CV-01853 (EGS), 344 F. Supp. 3d 96 (D.D.C. 2018), the U.S. District Court for the District of Columbia enjoined USCIS from implementing and enforcing certain parts of this PM. A redacted version of the PM reflecting the court’s injunction can be found here. (https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2018/2018-06-18-PM-602-0162-USCIS-Memorandum-Matter-of-A-B_Redacted_12-19-201.pdf)

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, 232.48 KB)

June 28, 2018

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.

Updated Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens (PDF, 599.37 KB)

June 28, 2018

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.

DNA Evidence of Sibling Relationships (PDF, 149.23 KB)

April 17, 2018

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, 123.38 KB)

March 23, 2018

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

Matter of S-P-, Inc., Adopted Decision 2018-01 (PDF, 116.06 KB)

March 19, 2018

Matter of S-P-, Inc. clarifies that a beneficiary who worked abroad for a qualifying multinational organization for at least one year, but left its employ for a period of more than two years after being admitted to the United States as a nonimmigrant, does not satisfy the one-in-three foreign employment requirement for immigrant classification as a multinational manager or executive. To cure the interruption in employment, such a beneficiary would need an additional year of qualifying employment abroad before he or she could once again qualify.

Contracts and Itineraries Requirements for H-1B Petitions Involving Third-Party Worksites (PDF, 124.09 KB)

February 22, 2018

This policy memorandum (PM) establishes U.S. Citizenship and Immigration Services (USCIS) policy relating to H-1B petitions filed for workers who will be employed at one or more third-party worksites.

Rescission of Matter of Vazquez as an Adopted Decision (PDF, 2.07 MB)

December 21, 2017

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).

TN Nonimmigrant Economists Are Defined by Qualifying Business Activity (PDF, 77.39 KB)

November 20, 2017

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.

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