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Policy memoranda that have been partially or fully superseded by the USCIS Policy Manual have been stamped and archived in the USCIS History and Library collection.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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Criteria for Determining Habitual Residence in the United States for Children from Hague Convention Countries (PDF, 745.49 KB)

November 20, 2017

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., Adopted Decision 2017-06 (PDF, 363.71 KB)

November 11, 2017

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.

Guidance on Notice to, and Standing for, AC21 Beneficiaries about I-140 Approvals Being Revoked After Matter of V-S-G- Inc. (PDF, 124.45 KB)

November 11, 2017

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., Adopted Decision 2017-05 (PDF, 130.68 KB)

November 08, 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.

Revised Guidance for Processing Cases Subject to Terrorism-Related Inadmissibility Grounds and Rescission of the Prior Hold Policy for Such Cases PM-602-0150 (PDF, 288.89 KB)

October 19, 2017

This policy memorandum (PM) revises the agency hold policy for association or activity involving the terrorism-related inadmissibility grounds (TRIG).

Definition of “Affiliate” or “Subsidiary” for Purposes of Determining the H-1B ACWIA Fee PM-602-0147 (PDF, 87.45 KB)

August 09, 2017

The American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) establishes a fee that certain petitioners must pay when filing an H-1B petition with U.S. Citizenship and Immigration Services (USCIS).

Matter of A-T- Inc, Adopted Decision 2017-04 (AAO May 23, 2017) (PDF, 110.57 KB)

May 31, 2017

Matter of A-T- Inc clarifies that, in order to qualify for an H-1B numerical cap exemption based upon a master’s or higher degree, the conferring institution must have qualified as a “United States institution of higher education” at the time the beneficiary’s degree was earned.

Matter of O-A-, Inc., Adopted Decision 2017-03 (AAO Apr. 17, 2017) (PDF, 95.16 KB)

April 17, 2017

This policy memorandum (PM) designates the attached decision of the Administrative Appeals Office (AAO) in Matter of O-A-, Inc. as an Adopted Decision. Accordingly, this adopted decision establishes policy guidance that applies to and binds all U.S. Citizenship and Immigration Services (USCIS) employees. USCIS personnel are directed to follow the reasoning in this decision in similar cases.

Matter of I- Corp., Adopted Decision 2017-02 (AAO Apr. 12, 2017) (PDF, 114.48 KB)

April 12, 2017

Matter of I- Corp. clarifies that USCIS cannot approve a visa petition that is based on an illegal or otherwise invalid employment agreement. To prevent a potential conflict with the Fair Labor Standards Act, USCIS must ensure that a beneficiary will not be paid a wage that is less than the minimum required wage under state or Federal law, whichever is higher, before approving an employment-based visa petition.

Rescission of the December 22, 2000: Guidance memo on H1B computer related positions (PDF, 258.68 KB)

March 31, 2017

This policy memorandum (PM) supersedes and rescinds the December 22, 2000 memorandum titled “Guidance memo on H1B computer related positions” issued to Nebraska Service Center (NSC) employees by Terry Way.

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