Update Incorporates existing guidance regarding post-decision actions such as actions on approved applications or petitions. In general, this update does not make major substantive changes, but consolidates and incorporates existing AFM guidance on general adjudications topics into the Policy Manual, streamlines USCIS immigration policy, and removes obsolete information. Log in to leave a comment. Sign in Join. Sign in. Privacy Policy. Sign up. Password recovery.
Purpose, Content and Organization of the Manual. Chapter 2. Customer Service. Defining Customer Service for Adjudications. Our Customers. Excellent Service in a Culturally Diverse Environment. Professional Service. Knowledgeable Service. Further Reading on Customer Service. Chapter 3. Mission and Functions of Adjudications. Mission Statement. The Chain of Command. Roles of Headquarters, Regions and Field Organizations.
Adjudications Working Groups. Reporting Incidents. Hostage Situations. Chapter 4. Career Information. Position Descriptions for Selected Jobs. Training and Professional Development. The Workplace Environment. Uniforms, Badges and Credentials. Immigration Information Officer Uniform Standards. Chapter An Overview of the Adjudication Process. Receipting and Acceptance Processing. Record of Proceeding. General Adjudication Procedures.
Requesting Additional Information. Post-Decision Case Actions. Preparing Denial Orders. Preparing the Appellate Case Record. Waiver of Fees. Refund of Fees.
Order of Processing. Public Copies of Decisions. Directed Decisions. Exercise of Discretion; Uniformity of Decisions. Denial for Lack of Prosecution. Certification of Decisions. Submission of Supporting Documents and Consideration of Evidence. Video and Audio Taping. Foreign Language Documents and Translations. Administration of Oaths. Attorneys and Other Representatives. The Importance of Research. Basic Principles of Effective Legal Research.
Primary Research Sources. Decisions of Administrative Appellate Bodies. Decisions of Federal Courts. Supplemental Materials and Non-Governmental Resources. Internet and Intranet Resources. Procedures for Requesting Library of Congress Research. Interview Techniques. General Policies. Interview Environment. Officer Conduct and Appearance. Interview Procedures. Sworn Statements. Use of Interpreters. Role of Attorney or Representative in the Interview Process.
Videotaping Interviews. Immigrants in General. Numerical Limitations and the Visa Bulletin. Petition Validity. Petition Revocation. Petition Withdrawal. Enforceable Affidavits of Support. Family-based Petitions and Applications. Please note that the Service intends to address these issues definitively when the Service finalizes the interim rule published on June 1, , at 64 Fed.
When the final rule enters into force , the final rule, not this memorandum, will be controlling. In the interim rule and initial guidance, the term "open-market employment" was used to mean unrestricted access to employment. Applicants with pending applications for adjustment of status are eligible to apply for an employment authorization document EAD.
However, if the applicant is adjusting status under an employment-based preference category that requires an offer of employment in the United States, the fact that an applicant is able to work in the open-market does not alter the applicant's. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. If an H-1 or L-1 nonimmigrant has traveled abroad and was paroled into the United States via advance parole, the alien is accordingly in parole status.
Does this interim rule allow him or her to now apply for an extension of nonimmigrant status? Until the final rule is published, an alien who was an H-1 or L-1 nonimmigrant, but who was paroled pursuant to a grant of advance parole, may apply for an extension of H-1 or L-1 status, if there is a valid and approved petition. If the Service approves the alien's application for an extension of nonimmigrant status, the decision granting such an extension will have the effect of terminating the grant of parole and admitting the alien in the relevant nonimmigrant classification.
If an H-1 or L-1 nonimmigrant has traveled abroad and reentered the United States via advance parole, the alien is accordingly in parole status. How does the interim rule affect that alien's employment authorization? A Service memorandum dated August 5, , stated that an "adjustment applicant's otherwise valid and unexpired nonimmigrant employment authorization Until then, if the alien's H-1 or L-1 employment authorization would not have expired, had the alien not left and returned under advance parole, the Service will not consider a paroled adjustment applicant's failure to obtain a separate employment authorization document to mean that the paroled adjustment applicant engaged in unauthorized employment by working for the H- I or L-1 employer between the date of his or her parole and the date to be specified in the final rule.
Should an alien returning to the United States from travel abroad who has a valid and a valid H-1 or L-1 nonimmigrant visa be paroled in or readmitted in H-1 or L-1 status?
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