OPERATIONS INSTRUCTIONS - Gani

Service Law Books 

OPERATIONS INSTRUCTIONS 

TM182 

Jun 28, 1991 

TABLE OF CONTENTS - OPERATIONS INSTRUCTIONS 

Section 

OI 3 Executive Office for Immigration Review. 

OI 101 Presumption of lawful admission. 

OI 103 Powers and duties of service officers; availability of service records. 

OI 104 Communication with Department of State. 

OI 105 Communication with FBI. 

OI 107 Private Bills. 

OI 202 Visa number chargeability. 

204 Petition to classify alien as immediate relative of a United States citizen or as a preference immigrant. 

OI 205 Revocation of approval of petitions. 

OI 207 Admission of refugees. 

OI 208 Procedures for asylum and withholding of deportation. 

OI 209 Adjustment of status of refugees and aliens granted asylum. 

OI 211 Documentary requirements: Immigrants; waivers. 

212 Documentary requirements: Nonimmigrants; waivers; admission of certain inadmissible aliens; parole. 

OI 213 Admission of aliens on giving bond or cash deposit. 

OI 214 Nonimmigrant classes. 

OI 215 Alien residents. 

OI 221 Posting of bond prior to issuance of nonimmigrant visa. 

OI 223 Reentry permits. 

OI 223a Refugee travel document. 

OI 231 Arrival-departure manifests and lists; supporting documents. 

OI 233 Use of Form I-259 for temporay removal and other purposes. 

OI 234 Physical and mental examination of arriving aliens. 

OI 235 Inspection of persons applying for admission. 

OI 236 Exclusion of aliens. 

OI 237 Penalities for violation of Section 237 of the Act. 

OI 238 Contracts with transportation lines. 


OI 241 Discretionary waiver of deportability. 

242 Proceedings to determine deportability of aliens in the United States: Apprehension, custody, hearing, and 

appeal. 

OI 243 Deportation of aliens in the United States. 

OI 244 Suspension of deportation and voluntary departure. 

OI 245 Adjustment of status to that of person admitted for permanent residence. 

OI 246 Rescission of adjustment of status. 

OI 247 Adjustment of status of certain resident aliens. 

OI 248 Change of nonimmigrant classification. 

OI 249 Creation of records of lawful admission for permanent residence. 

OI 250 Removal of aliens who have fallen into distress. 

OI 251 Arrival manifests and lists: Supporting documents. 

OI 252 Landing of alien crewmen. 

OI 253 Parole of alien crewmen. 

OI 254 Imposition of penalty for violation of section 254 of the Act. 




OI 264 Registration and fingerprinting of aliens in the United States. 

OI 265 Notices of address. 

OI 271 Imposition of penality for violation of section 271 of the Act. 


OI 273 Imposition of penality for violation of section 273 of the Act.


OI 274 Seizure and forfeiture of conveyances. 

OI 274a Control of employment of aliens. 

OI 280 Imposition and collection of fines. 

OI 287 Field officers; powers and duties. 

OI 289 American Indians born in Canada. 

OI 290 Department of Health and Human Services. 

OI 292 Representation and appearances. 

OI 312 Educational requirements for naturalization. 

313 Membership in the communist party or any other totalitarian organizations; subversives. 

OI 315 Persons ineligible to citizenship: Exemption from military service. 

316a Absence pursuant to approval under the Act; American institutions of research. 

OI 318 Pending deportation proceedings. 

OI 319 American institutions of research. 

OI 327 Proof required to establish original United States citizenship. 

OI 328 Authenticated copies of military records. 

OI 329 Supervisory review of recommendations in Philippine War Veteran cases. 

OI 332 Naturalization administration. 

OI 332a Amendment of application and petition executed by affirmation. 

OI 332d Written designation. 

OI 334 Failure to prosecute application. 

OI 334a Filing/Declaration of intention. 

OI 335 Examination on application for naturalization. 

OI 335b Evidence of birth, marriage, divorce or death. 

OI 336 Directory of naturalization courts. 

OI 337 Oath of allegiance. 

OI 338 Certificate of naturalization. 

339 Functions and duties of clerks of court regarding naturalization proceedings. 

OI 340 Revocation of naturalization. 

OI 341 Certificates of citizenship. 

OI 343 Interrogation/verification of applicant for naturalization. 

OI 343a Interrogation/verification of Veterans of WW II for naturalization. 

OI 343b Special certificate of naturalization for recognition by a foreign state. 

OI 349 Loss of nationality. 

352 Return or replacement of surrendered certificates of naturalization or citizenship based upon expatriation reversal 

in Schneider v. Rusk. 

392 Special classes of persons who may be naturalized: Persons who die while serving on active duty with the United 

States armed forces during certain periods of hostilities. 

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OI 3 Executive Office for Immigration Review. 

OI 3.1 

OI 3.2 

OI 3.3 

Board of Immigration Appeals 

Forwarding mail to the Board of Immigration Appeals 

Remand of Board cases by a court 

OI 3.1 Board of Immigration Appeals. 

(a) Record of processing. 

All appeals and certifications from decisions in adjudications cases other than from overseas offices shall 

be forwarded to the Board through the appropriate regional office. District Directors in districts 33, 35, and 

37 shall forward all such cases to the Board through the Director, Foreign Operations, Central Office. (TM 

1/89) 

In order to properly present the Service's case on appeals, a general attorney at the district level shall 

prepare a brief to be submitted to the BIA. The brief from an overseas office will be prepared by General 

Counsel appellate review, Central Office. A copy of the brief must be served on the appellant or his/her 

representative. (TM 1/89) 

When an appeal is patently frivolous, the general attorney's brief shall request that the Board of 

Immigration Appeals summarily dismiss the appeal. When an appeal is received on an adjudications case the 

file shall be forwarded to the general attorney section for preparation of the Service's brief. (TM 9/85) 

The adjudicating officer shall review the case prior to forwarding. If required, a short memorandum in 

rebuttal to any brief, should be prepared for the Service attorney's guidance. (TM 9/85) 

The record of proceeding, with a single copy of Form I290a and all memoranda, briefs, and requests for 

oral argument, placed on the top of the record, shall be fastened by an Acco fastener to the right inside of 

the folder. One copy of the decision of the special inquiry officer, regional commissioner, or district director, 

or one copy of the regional commissioner's motion, with the stamped or typed notation "BIA copy" on the 

bottom of the face page of such order, shall be stapled to the left inside of the record of proceeding folder. 

The folder tab shall bear the appropriate file number, followed in parentheses by the alphabetical location 

code of the Files Control office having control of the file. The outside front of the record of proceeding folder 

shall be stamped "Record of Proceeding." In every case involving an alien detained by or for the Service or 

when an alien's detention is imminent, a striker, conspicuously marked, showing his detention status shall be 

firmly stapled to the outside of the folder being forwarded. Under no circumstances shall a record of 

proceeding folder be marked "Top Priority." 

When a trial attorney files an appeal or a crossappeal in a deportation proceeding, the original appeal Form 

I290A and accompanying brief, if any, shall be delivered to the special inquiry officer and become part of the 

record of proceeding; the duplicates shall be served on the opposing party, and the triplicate copies retained 

in the subject's file. Similar action shall be taken where a case has been certified to the BIA and a brief has 

been filed by either party. 

The foregoing procedure shall be followed in any other case in which an appeal is taken except that the 

appeal and brief preparation in behalf of the Service shall be the responsibility of the district director. 

In all cases submitted to the Board, the entire record of proceeding with the Board's decision will be 

returned by the Board directly to the appropriate field office. If suspension of deportation has been approved 

or section 212(d)(3) has been authorized with respect to paragraph (9), (10), or (28) of section 212(a), two 

copies of the Board of Immigration Appeals order shall be forwarded to the regional office. 

(b) Appeals. 

Notification of the denial of an application or petition shall be made on Form I292. The duplicate Form I292 

shall be signed by the district director and retained in the file. In a deportation case, the notification shall be 

made on Form I295. If the applicant or petitioner resides abroad, the notice shall be transmitted by air mail.


A separate order containing a summary of the facts, findings, and conclusions shall not be prepared when 

adjudicating an application or petition unless specifically required by an OI. If, however, a difficult question 

of law or fact is presented, a memorandum reflecting the basis for the conclusion shall be included in the file. 

(c) Certifications. 

When a regional Commissioner, in the exercise of his enforcement functions, certifies a case to the Board 

because he disagrees with the special inquiry officer's decision, the certification order (which shall be typed 

at the end of the special inquiry officer's decision) shall contain a statement setting forth the factual or legal 

conclusions to which the regional commissioner objects together with the citation of pertinent authority in 

support of his views. Notice of the certification and the reasons therefor shall be promptly served on the 

respondent and the trial attorney. 

The authority to certify a case pursuant to 8 CFR 3.7 shall not be exercised below the level of a district 

director. 

When the Board directs certification, the alien shall be informed of the certification in the following 

language, stated at the hearing if the decision is oral and placed on the typed copy of the special inquiry 

officer's decision directly above his signature: "IT IS FURTHER ORDERED that this case be certified to the 

Board of Immigration Appeals for final decision by that Board." 

(d) Representation roster. 

A copy of the current roster of recognized organizations and their accredited representatives is 

maintained by the Associate Commissioner, Information Systems, (Office of Policy Directives and 

Instructions), Central Office. Whenever the roster is furnished to the Service in accordance with 8 CFR 

292.2(e), the Associate Commissioner, Management shall make distribution of the roster to all district offices, 

stateside and foreign. (TM 10/84) 

(e) Oral argument. 

When a record of proceeding is transmitted to the Board through the regional office in the first three 

classes of cases enumerated in the first subparagraph of paragraph (a) of this OI, it shall be accompanied 

by a memorandum requesting the section desired, explaining the importance of the issues involved, and have 

attached thereto a copy of the record transcript, including the decision and accompanying legal memoranda 

or briefs, if any, for use by the appellate trial attorneys. Whenever deemed helpful, similar action shall be 

taken in the fourth specified class. Any other material which may be helpful to the appellate trialattorneys 

shall be sent directly to them. Every field request for Service representation before the Board is subject to 

approval by the regional commissioner, and such an approved request shall be transmitted directly to the 

appellate trial attorneys at the Board in an envelope addressed as prescribed in the first subparagraph of 

paragraph (a) of this OI, with a copy to the General Counsel. 

(f) Decisions. 

All BIA decisions returned to the district office and those referred to the district director shall be reviewed 

to determine whether there is any basis for submitting a motion to reconsider or reopen to the Board. If the 

district director believes that such basis exists in a particular decision, he shall refer it to the regional 

commissioner who will determine whether to request the General Counsel to file an appropriate motion with 

the Board after consultation with the Central Office official having jurisdiction over the area of Service 

activity involved. 

The district director shall also refer to the regional commissioner any BIA decision which the Board has 

not designated for publication but which the district director believes sets forth policies, interpretations, or 

procedures which should be published for the guidance of persons and their authorized representatives who 

deal with the Service. The regional commissioner, if he concurs with the district director, shall transmit a 

copy of the decision to the General Counsel for determination whether the Board should be requested to 

designate the decision for publication after consultation with the Central Office official having jurisdiction over 

the area of Service activity involved. 

(g) Reopening or reconsideration. 

(1) Order of deportation outstanding. 

When a motion to reopen or reconsider is addressed to the Board and the alien is under an order of 

deportation, a brief memorandum shall be prepared by the district director indicating whether deportation


will be stayed while the motion is being considered by the Board or whether it is intended to proceed with 

deportation notwithstanding the pendency of the motion. The memorandum shall also contain information 

regarding any arrangements made and the date set to effect deportation and the status of any private 

bill action or adjustment of status application. 

The memorandum shall be addressed to the chairman of the Board and shall be forwarded together with 

the record of proceeding and the motion. If the district director believes the motion should be denied or 

that factors not apparent from the record should be brought to the attention of the Board, a separate 

memorandum expressing his views should be submitted to the Board with the record and a copy thereof 

served on the moving party. 

When the motion to reopen is in the form of an application for adjustment of status under section 245 of 

the Act, the district director shall prepare a forwarding memorandum to the Board, which will so indicate. 

(2) Record of proceeding in court custody. 

When a copy of the motion to reopen or reconsider together with the record of proceeding are to be 

transmitted to the Board, and the record is in the custody of a Federal court for the District of Columbia, 

the motion, together with the proof of service, shall be promptly transmitted to the General Counsel, 

attention Appellate Trial Attorneys at the Board, with a memorandum explaining the whereabouts of the 

record of proceeding. 

(h) Briefs and motions filed in connection with SIO decisions. 

The following procedures shall be observed at the official stations of special inquiry officers and special 

inquiry clerks: 

When a brief is filed by either party in connection with an appeal from the decision of the special inquiry 

officer in the case of a nondetained alien, a copy shall be served upon the opposing party with written advice 

that a brief or memorandum in reply may be submitted to the person who served the special inquiry officer's 

decision within 5 days after receipt of the appellant's brief. One reasonable extension for submission of a 

reply brief may be granted by the special inquiry officer. Proof of service of notice and briefs shall be made 

part of the Record of proceeding. Form I329 may be used for the expeditious handling of appeals, briefs or 

motions. 

There shall be parity of treatment between the alien or his counsel and the trial attorney. Neither one shall 

be permitted to procrastinate. 

In determining the reasonableness of an application by the trial attorney for an extension when oral 

argument has been requested, consideration should be given to his obligation to consult with the regional 

counsel concerning the contents of his brief. During the period determined to be reasonable for the parties 

to prepare and submit briefs, the record and exhibits shall remain available at the field office to both parties. 

Whenever special inquiry unit personnel assist deportation personnel by processing a Record of Proceeding 

in connection with motions to reopen or reconsider addressed to the BLA following a final order, 8 CFR 3.8(b) 

and (c) shall be administered harmoniously so that the Service will have the same ten-day period under 

paragraph(b) to file a brief in opposition as the alien has under paragraph (c). When the motion is made 

either by a Service officer at a field office or by the alien, the Record of Proceeding shall be retained at the 

Service office pending receipt of an opposing brief within the ten-day period. If a deportation order is 

outstanding, the record shall not be forwarded until the district director's memorandum required by OI 

3.1(g)(1) is attached. 

OI 3.2 Forwarding mail to the Board of Immigration Appeals. 

All envelopes containing material mailed to the BIA shall be addressed as follows: Board of Immigration 

Appeals, Department of Justice, 5203 Leesburg Pike, Suite 1609, Falls Church, VA 22041. (Revised) 

OI 3.3 Remand of Board Cases by a Court. 

In any case remanded by a court to the jurisdiction of the Service for further adjudicatory action in which the 

final administrative order under judicial review was entered by the Board, the administrative record must go 

through the Board for an appropriate order of remand by the Board to the Service. When the administrative 

record is returned directly to the Service by the court, or by the U.S. Attorney or the Department of Justice, 

the administrative record along with the court's order must be forwarded to the Board for appropriate action. 

Ordinarily this will be done by the district director. It is not necessary in cases where remand has been 

ordered by a court for the Service to make a formal motion to the Board for remand. The foregoing


procedure applies only where the final administrative order under judicial review was entered by the Board. 

Cases where the final administrative order under judicial review was entered by a Service officer should not 

be sent to the Board upon remand from a court. (Added)


OI 101 Presumption of lawful admission. [Removed 6/24/97; TM 1] [Moved to 

M-450]


OI 103 Powers and duties of service officers; availability of service records. 

OI 103.1 

OI 103.2 

OI 103.3 

OI 103.4 

OI 103.5 

OI 103.6 

OI 103.7 

OI 103.8 

Delegations of Authority 

Formal applications and petitions (Blue page) 

Appeals to the Administrative Appeals Unit 

(AAU) in other than Legalization Appeals Unit 

(LAU) cases 

Certification of other than special agricultural 

workers and legalization cases 

Reopening or reconsideration in other than Special 

Agricultural Worker and legalization cases 

Immigration bonds 

Determination of citizenship status 

Availability of the public of opinions and orders 

App.to OI 103.1(d) 

App.to OI 103.1(h) 

Intelligence Report (Blue page) 

Investigations Activity Report 

OI 103.1 Delegations of Authority, Associate Commissioner, Enforcement. 

The Associate Commissioner for Enforcement maintains overall responsibility for the enforcement programs 

of the Service, i.e., the Office of Anti-Smuggling Activities, the Border Patrol Division, the Detention and 

Deportation Division, the Office of Intelligence, and the Investigations Division. Within these programs he 

has delegated certain responsibilities to the respective program heads. These responsibilities are 

enumerated below. 

(a) Assistant Commissioner, Investigations. 

(1) Responsibilities. Under the direction of the Associate Commissioner for Enforcement, the Assistant 

Commissioner for investigations is responsible within the Investigations program for: 

(i) Accomplishing the program mission through development and implementation of national 

investigative polices, and establishing and planning of fiscal priorities; 

(ii) Reviewing appropriate strategies for accomplishment of the program mission, including 

recommendations for budgetary, personnel statutory or regulatory change; 

(iii) Evaluating and allocating personnel, financial and material resources, to ensure their most 

effective use; 

(iv) Providing guidance and expert advice to other programs, regions and field offices concerning the 

Investigations Division program mission; 

(v) Field inspections and audits within the program, to ensure compliance with policy guidance and 

nationality assigned priorities; 

(vi) Direction and control of: 

(A) Undercover Operations which are approved within the limits of, and in accordance with the 

Guidelines of the Attorney General; 

(B) Consensual Monitoring and Electronic Surveillance;


(C) Funded Task Force operations; 

(D) Central Office-designated special projects; 

(E) Criminal organization investigations under the Investigations program participation in special 

enforcement efforts which are national in scope, including the Department of Justice Organized 

Crime Strike Force and Organized Crime Drug Enforcement Task Force. 

(2) Mission of the Investigations Program. As the interior enforcement arm of the Immigration and 

Naturalization Service, the mission of the Investigations Program is to investigate persons who engage 

in crimes and violations cognizable under the Immigration and Nationality Act and related statutes. The 

purpose of these investigations is to achieve results which have a meaningful deterrent effect on the 

overall problem of illegal immigration or which have a significant effect on problems of social impact such 

as crime perpetrated by aliens in the United States. 

Related but separate Service investigative activities not under the direction of the Assistant 

Commissioner for investigations are the Office Anti-Smuggling Activities, the Office of Professional 

Responsibility and the Office of Equal Employment Opportunity. 

(3) Investigations Case Management System. The Investigations Case Management System (ICMS) is a 

tool for controlling the workload and resources of the Investigations Program of the Immigration and 

Naturalization Service. ICMS enable concentration of investigative resources on cases which make a 

measurable contribution to Service efforts to deal with the problem of illegal immigration. It reflects the 

interior enforcement responsibilities and strategies of the Investigations Program through the definition of 

Impact Levels and case line numbers. All types of investigative work have been identified, categorized 

and ranked into three levels of impact which are evaluated by objective standards. The goal of every 

investigation is achievement of measurable objectives, such as conviction removal from the United 

States, civil action, denial of a benefit or cessation of unlawful activities. When these objectives are 

achieved, the case considered to have been successful. 

(i) Impact Level I. Level I is generally characterized by activities which have a significant impact on 

the control of legal immigration and the restriction of illegal immigration to the United States. 

Investigations target major violations of the Immigration and Nationality Act and other federal 

statutes. Deterrence programs support efforts to limit employment and prevent payment of 

entitlement benefits to illegal aliens. The Investigations activities identified in Impact Level I are: 

(A) Criminal Organizations and Aliens; 

(B) Employment of Illegal Aliens; 

(C) Criminal Fraud Organizations and Schemes; 

(D) Deterrence Programs. 

(ii) Impact Level II. Level II is generally characterized by activities which are necessary to support 

the Examinations and Deportation functions of the Service. While cases completed in Level II have 

less impact on the control of Immigration, a minimum level of effort on these cases is required to 

maintain the integrity of Service administrative procedures. The Investigations activities identified in 

Impact Level II are: 

(A) Aliens Who Abscond or Escape; 

(B) Applications--Fraud Not Suspected: 

(C) Status Violators and Illegal Entrants. 

(iii) Impact Level III. Level III activities are performed by Investigations personnel but are only 

minimally or not truly investigative in nature, or do not related to enforcement of the Immigration and 

Nationality Act, but remain necessary in order to accomplish required Service functions. These are: 

(A) Non-Act related Activities Requiring Investigations; 

(B) Non-Investigative Functions. 

(4) Priorities. The effect of priorities on the investigations Program is to focus resources on areas


described in ICMS, consistent with the inter-program goals which are developed each fiscal year by 

means of the Priorities Management Systems, the Investigations Program of these two systems, the 

Investigations Program ensures that its enforcement efforts are integrated with the efforts of all other 

Service components. 

(5) Liaison. 

(i) Central Office. The Assistant Commissioner for investigations is responsible for investigative 

liaison with all agencies of the federal government, except as noted in OI 105.2, and with foreign 

governments concerning matters of broad policy, or sensitive or important cases. Related but 

separate liaison activities not under the control of the Assistant Commissioner for investigations are 

the Service representative(s) to INTERPOL under the direction of the Office of Intelligence, and the 

Service Liaison Officer in Ottawa, Canada under the direction of the Eastern Region. 

(ii) Field Liaison. The Washington District Office serves in a general investigative liaison capacity 

for all field offices of the Service and the Central Office in relation to the Washington, D.C. field 

offices of other federal agencies. In this capacity, Washington District Office will request 

information, review files and obtain required documents or materials from the records of these 

agencies. 

(b) Assistant Commissioner, Border Patrol. 

Under the direction of the Associate Commissioner for Enforcement, the Assistant Commissioner for 

Border Patrol is responsible for the prevention and detection of smuggling and illegal entry of aliens, and the 

apprehension of violators of the immigration laws. (TM 5/86) 

(1) Areas of Border Patrol Operations. The areas of usual operations are the land boundaries and the 

Gulf and Florida coasts. Where speed is essential to apprehend violators, any Service-defined boundary 

may crossed without prior authorization, provided that the appropriate regional commissioner, district 

director, or chief patrol agent is informed. Criminal violators of the immigration and nationality laws found 

by border patrol officers in their areas of usual operations will be processed and presented for 

prosecution by the respective chief patrol agents. Those cases requiring further investigations shall be 

referred to the appropriate district director. Smuggling investigations will be performed by officers 

assigned to the Anti-Smuggling program in the respective sectors or districts. Deportation and 

administrative fine proceedings shall be referred to the district director having jurisdiction. 

(2) Reports of apprehension or seizure. Form I-213 shall be prepared in the case of every deportable 

alien located. The Service Lookout Book shall be checked in each case and the results noted on the 

Form I-213. Positive results shall be reported by listing type of lookout (e.g., "D-8"). Form I-215B or 

Form I-263B may be executed if necessary to record a statement. For cases involving Mexican 

nationals and other aliens in which distribution to selected American Foreign Service posts in Mexico and 

abroad is required, see Blue Page OI 287.9. 

For general Form I-213 procedures and notices to ports of entry on locally controlled nonimmigrants, See 

AM 2790.31. For execution of Form I-43 regarding an alien's baggage and personal property when he is 

detained, see OI 242.6(c). Form I-44 shall be prepared when a citizen or non-deportable alien is 

apprehended for violation of the Immigration and Nationality Act, or the person arrested on article seized 

is delivered to an agency or person outside the Immigration and Naturalization Service, or when such an 

arrest or seizure is made in a joint operation with another agency. 

A copy of Form I-44 and the original of each of the aforementioned forms shall be placed in the relating A 

file, if one has been opened or obtained by the apprehending office. If an A file does not exist and the 

creation of one is required by instructions (AM 2702.01), the forms shall be forwarded to the appropriate 

files control office where an A File will be created and the forms placed therein, with the apprehending 

sector retaining one copy of the form (AM 2790.33). Copies required for intelligence distribution shall be 

forwarded immediately. In every case, distribution shall be noted on the file and sector copies. 

When the Smuggling or illegal entry occurred within the preceding twelve months, a copy of Form I-213 

and relating reports shall be furnished the chief patrol agent of the sector where the illegal entry 

occurred and in smuggling,stowaway and crewman cases, to the Assistant District Director for 

Investigations having jurisdiction oven the area where the violation occurred. In addition, dissemination 

of relating reports in stowaway and crewman cases, to the Assistant District Director for Investigations 

having jurisdiction over the area where the violation occurred. In addition, dissemination of relating 

reports in stowaway cases shall be made in accordance with 103.1(a)(4) and OI 103.1(d)(i)(vi). All chief 

patrol agents shall forward to the Service Liaison Officer, American Embassy, Ottawa, Canada, for


transmittal to the 

Canadian Immigration authorities, a copy of each Form I-213 received at their offices relating to crewman 

deserters who deserted in Canada and were subsequently located in the United States. 

Special attention shall be given to developing intelligence in the processing of cases which may lead to 

the apprehension of aliens illegally in the United States. Information developed shall be disseminated to 

the offices concerned, utilizing copies of the Form I-123 or other reports prepared, with relevant portions 

marked with a red pencil. 

See OI103.1(g) for reporting unusual or complex matters or incidents having international implications. 

(c)(1) Offices abroad: 

The Service has established the following offices abroad. 

WESTERN HEMISPHERE 

Location: Oranjestad, Aruba 

Mailing Address: U.S. Immigration and Naturalization Service, Queen Beatrix Airport, Oranjestad, Aruba, 

Dutch West Indies. 

Area of Responsibility: Aruba Preclearance Station. 

Location: *Calgary, Alberta 

Mailing Address: U.S. Immigration and Naturalization Service, Supervisory Immigration Inspector-in-Charge, 

Calgary International Airport, Air Terminal Building, 200-C Airport Road, NE. Calgary, Alberta, Canada 

TZE-6W5. 

Area of Responsibility: Canada Preclearance Station. 

Location: Edmonton, Alberta 

Mailing Address: U.S. Immigration and Naturalization Service, Edmonton International Airport, P.O. Box 

9832, Edmonton, Alberta, Canada. 


Location: Freeport, Bahamas 

Mailing Address: Supervisory Immigration Inspector, U.S. Immigration and Naturalization Service, P.O. Box 

"F" 2664, Freeport, Bahamas. 

Area of Responsibility: Bahamas Preclearance Station. 

Location: Hamilton, Bermuda 

Mailing Address: Supervisory Immigration Officer, U.S. Immigration and Naturalization Service, Box 3041, 

FPO, New York 09560. 

Area of Responsibility: Bermuda Preclearance Station. 

Location: Montreal, Canada 

Mailing Address: Immigration Inspector-in-Charge, U.S. Immigration and Naturalization Service, Montreal 

International Airport, Domestic Terminal, Dorval P.O. Canada H4Y IA8. 

Area of Responsibility: Canada -- with respect to applications filed at American consulates in Canada for 

waivers of grounds of excludability under sections 212(h) and (i) of the Act and applications for permission to 

reapply for admission after deportation or removal when filed in conjunction with the foregoing. 

Location: Nassau, Bahamas


Mailing Address: U.S. Immigration and Naturalization Service, Port Director, Nassau International, 7415 NW. 

19th Street, Suite H, Miami, Florida 33126. 

Area of Responsibility: Bahamas Preclearance Station. 

Location: Ottawa, Canada 

Mailing Address: Attache, U.S. Immigration and Naturalization Service, P.O. Box 5000, Odenburg, NY 

13669. 


Location: Shannon, Ireland 

Mailing Address: U.S. Immigration and Naturalization Service, U.S. Naval Facility, Brawdy, PSC 808 Box 

365, FPO AE 09420. 

Area of Responsibility: Ireland Preclearance Station. 

Location: Toronto, Canada 

Mailing Address: U.S. Immigration and Naturalization Service, Port Director, Box 6011, Lester B. Pearson 

International Airport, Ontario, Canada L5P1B2. 


Location: Vancouver, British Columbia, Canada 

Mailing Address: U.S. Immigration and Naturalization Service, Point Roberts Airport, P.O. Box 450, Point 

Roberts, Washington 98281. 


Location: Victoria, British Columbia, Canada 

Mailing Address: U.S. Immigration and Naturalization Service, 254 Bellview Street, P.O. Box 1081, Victoria, 

British Columbia V8W256. 


Location: Winnipeg, Manitoba, Canada 

Mailing Address: U.S. Immigration and Naturalization Service, Winnepeg International Airport, Winnepeg, 

Manitoba, Canada R2R0S6. 


WESTERN HEMISPHERE 

Location: *Mexico City, Mexico 

Mailing Address: District Director, U.S. Immigration and Naturalization Service, American Embassy - Mexico 

City, Room 118, P.O. Box 3087, Laredo, Texas 78044. 

Area of Responsibility: Administrative supervision over Officers-in-Charge at Ciudad Juarez, Guadalajara, 

Monterrey and Tijuana, and the Port Director, Aruba, Pre Flight Inspection. States of Campeche, Chiapas, 

Guerrero, Hidalgo, Mexico, Morelos, Oaxaca, Puebla, Queretaro, San Luis Potosi, Tabasco, Tlaxcala, 

Veracruz, Yucatan, the Federal District and Quintana Roo. The countries of Central America, South America 

and the Caribbean except the Dominican Republic, the Bahamas, and Bermuda and except for those 

examination matters under the jurisdiction of the Officers-in-Charge at Guadalajara, Monterrey, and Tijuana. 

Location: *Monterrey, Mexico 

Mailing Address: Officer-in-Charge, U.S. Immigration and Naturalization Service, American Consulate General 

- Monterrey, P.O. Box 3098, Laredo, Texas 78044.


Area of Responsibility: States of Coahuila, Nuevo Leon, Tamaulipas. All countries of the Caribbean except 

the Dominican Republic, the Bahamas, Bermuda, Aruba, and Dutch West Indies - with respect to applications 

for waivers of grounds of excludability filed under sections 212(g), (h), and (i) of the Act, applications for 

permission to reapply for admissions after deportation or removal, and not clearly approvable petitions filed at 

U.S. Embassies and Consulates in the Caribbean. 

Location: Tijuana, Mexico 


- Tijuana, P.O. Box 439039, San Diego, California 92143-9039. 

Area of Responsibility: States of Baja California Norte, Baja California Sur, and Sonora. All countries of 

Central America, including Panama - with respect to applications for waivers on grounds of excludability filed 

under sections 212(g), (h) and, (i) of the Act, applications for permission to reapply for admission after 

deportation or removal, and not clearly approvable petitions filed at U.S. Embassies and Consulates in 

Central America. 

Location: *Ciudad Juarez, Mexico 


- Ciudad Juarez, Chihuahua, Mexico, P.O. Box 9896, El Paso, Texas 79989-9896. 

Area of Responsibility: State of Chihuahua 

Location: *Guadalajara, Mexico 


- Guadalajara, P.O. Box 3088, Laredo, Texas 78044. 

Area of Responsibility: States of Aguascalientes, Durango, Colima, Guanajuato, Jalisco, Michoacan, Nayarit, 

Sinaloa and Zacatecas. All South American countries with respect to applications for waiver of grounds of 

excludability filed under sections 212(g), (h), and (i) applications for permission to reapply for admission after 

deportation or removal, and not clearly approvable petitions filed at U.S. Embassies and Consulates in South 

America. 

EUROPE, AFRICA, SOUTH ASIA 

Location: *Rome, Italy 

Mailing Address: District Director, U.S. Immigration and Naturalization Service, American Embassy Rome, 

PSC 59, Box 100 APO AE 09624. 

Area of Responsibility: Administrative supervision over Officers-in-Charge at Athens, Frankfurt, London, 

Moscow, New Delhi, Nairobi, France, Italy, Malta, Portugal, Spain. 

Location: *Athens, Greece 

Mailing Address: Officer-in-Charge, U.S. Immigration and Naturalization Service, c/o American Embassy, 

APO New York, New York 09253. 

Area of Responsibility: Bahrain, Cyprus, Egypt, Greece, Iran, Iraq, Israel, Jordan, Kuwait, Lebanon, Oman, 

Qatar, Saudi Arabia, Syria, Turkey, United Arab Emirates, Yemen. 

Location: *Frankfurt, Germany 

Mailing Address: Officer-in-Charge, U.S. Immigration and Naturalization Service, c/o American Consulate 

General, Box 12, APO New York, New York 09213. 

Area of Responsibility: Benelux, Denmark, Finland, France, Germany, Iceland, Ireland, Norway, Sweden, 

Switzerland, United Kingdom. 

Location: *London, England 

Mailing Address: Officer-in-Charge, U.S. Immigration and Naturalization Service, PSC 801, Box 6, FPO AE


09498-4006. 

Area of Responsibility: United Kingdom, Ireland, Pre Flight Inspection Shannon, Ireland. 

Location: Moscow 

Mailing Address: Officer-in-Charge, U.S. Immigration and Naturalization Service, American Embassy, Box 12, 

APO 09862-5430. 

Area of Responsibility: Former U.S.S.R., excluding Baltic States-with respect to refugee processing only. 

Location: Nairobi, Kenya 

Mailing Address: Officer-in-Charge, U.S. Immigration and Naturalization Service, American Embassy, Box 12, 

APO 09862-5430. 

Area of Responsibility: All of Africa (except Egypt) including islands in the region. 

Location: *New Delhi, India 

Mailing Address: Officer-in-Charge, U.S. Immigration and Naturalization Service, c/o American Embassy, 

New Delhi, India, Shanti Path Chanakyapuri 110021, New Delhi, India. 

Area of Responsibility: Afghanistan, Bangladesh, India, Nepal, Pakistan, Sri Lanka. 

Location: Vienna, Austria 

Mailing Address: Officer-in-Charge, U.S. Immigration and Naturalization Service, American Embassy, 

Vienna, APO New York, New York 09108-0001. 

Area of Responsibility: Albania, Austria, Bulgaria, Czechoslovakia, Hungary, Poland, Romania, former 

U.S.S.R., Yugoslavia, Estonia, Latvia, Lithuania. 

FAR EAST 

Location: *Bangkok, Thailand 

Mailing Address: District Director, U.S. Immigration and Naturalization Service, American Embassy, Box 12, 

APO AP 96546. 

Area of Responsibility: Administrative supervision over Officers-in-Charge at Hong Kong, Manila, Seoul, and 

Singapore. Officer-in-Charge, Bangkok oversees Australia, Burma, Cambodia, Laos, New Zealand, Thailand, 

and Vietnam. 

Location: *Hong Kong 

Mailing Address: Officer-in-Charge, U.S. Immigration and Naturalization Service, American Consulate 

General, Box 30, FPO AP 96522. 

Area of Responsibility: Hong Kong, Macau, Mongolia, People's Republic of China and Taiwan. 

Location: *Manila 

Mailing Address: Officer-in-Charge, U.S. Immigration and Naturalization Service, American Embassy, APO 

AP 96440. 

Area of Responsibility: Papua-New Guinea, Philippines, and all countries in the Pacific areas except with the 

jurisdiction of the Deputy District Director at Bangkok and Officers-in-Charge at Hong Kong, Seoul and 

Singapore. 

Location: *Seoul 

Mailing Address: Officer-in-Charge, U.S. Immigration and Naturalization Service, American Embassy, APO 

AP 96205.


Area of Responsibility: Japan and Korea 

Location: *Singapore, Republic of 

Mailing Address: Officer-in-Charge, U.S. Immigration and Naturalization Service, American Embassy, FPO 

AP 96534. 

Area of Responsibility: Brunei, Indonesia, Malaysia and Singapore. 

In addition to their delegated authority, offices indicated by an asterisk are authorized to perform the 

following functions: 

(i) Interview witnesses in connection with exclusion, expulsion, or citizenship proceedings being 

conducted in the United States; 

(ii) Conduct inquiries, interviews and records searches to obtain evidence in connection with false 

claims of United States citizenship; and 

(iii) Collect necessary information to control the illegal movement and smuggling of aliens into the 

United States, information concerning smuggling operations via "mala fide" seamen routes in seaport 

areas abroad, and information regarding aliens who have illegally entered the United States. 

(iv) Verify by interview or correspondence the departure of nonimmigrants from the United States 

when documentary evidence of such departure was not submitted. 

(v) Arrange for the reception and admission by local immigration officials of deportees from the 

United States. 

(vi) Obtain copies of, or extracts from, foreign public records for use in exclusion, expulsion, and 

citizenship proceedings in the United States. 

(vii) Give advisory opinions to consular officers on request. 

(viii) Serve in a liaison capacity for all Service field offices in relation to United States embassies 

and consulates. 

(ix) Processing of refugee applicants. 

Functions limited to specific offices. 

Manila - Supervise the recruitment and preinspection of Philippine nationals for temporary employment in 

Guam. 

Mexico City - Represent the Service in matters connected with the importance of Mexican migratory workers. 

Ottawa - Liaison between the various Canadian government agencies in Ottawa and this Service, including 

requests for Canadian letters of consent to deport to Canada pursuant to Reciprocal Arrangement of 1949, 

as amended. 

Seoul - Conducts Korean investigations relating to orphans, citizenship, and waivers only. Requests for all 

other types of investigations in Korea are to be submitted directly to the Chief of the Consular Section, 

American Embassy, Seoul, Korea, APO San Francisco, California 96301. Individual memoranda should be 

forwarded identifying each alien under investigation and the type of information to be developed in Korea 

must be specified, with a request that the response be made directly to the submitting office. Local 

investigations must be completed prior to requesting an overseas investigation. 

Service field offices shall, without exception, submit requests for Service action outside the United States 

directly to and only to the Officer in charge responsible for the area in which action is required. Requests will 

not be made directly to the embassy or consular office with the exception of overseas areas under the 

jurisdiction of the District Office in Miami, in which case the request shall be submitted directly to the United 

States consular office having jurisdiction. Requests that such offices obtain documents, other than 

information and documents in visa files, which shall be requested as provided in operations Instruction 104.1, 

shall be similarly routed and shall indicated the specific information or document and the purpose is required 

(it should be noted that in certain countries signatory to the Convention Abolishing the Requirement of


Legalization for Foreign Public Documents -- the "Hague Convention" -- consular officers will no longer 

authenticate public documents, but that a Convention "Apostille" affixed by the foreign government serves 

the same purpose as a consular authentication). The investigative request shall contain the subject's 

biographical data and, if available, the names of his/her parents. Requests for record checks or 

investigations in Hong Kong, Taiwan and the People's republic of China of person of Chines ethnic origin 

should include, if available, the Chinese Telegraphic Code number representing an individual's name in a 

parenthetical note after the anglicized Chinese name. Where only the Chinese characters are available, 

attach a copy of same to the request with the anglicized name. The Chinese Telegraphic Code number can 

be found directly under the anglicized Chinese name on page one of British Hong Kong passports, on line 

four or page one of Hong Kong Certificates of Identify, and on line four of page one of Hong Kong Documents 

of Identify for Visa Purposes. Chinese characters for the individual 's name are found on line one of page 

three of Taiwan passports andon line one of page two of People's Republic of China passports. When the 

request for investigation involves documentation which has been obtained in Hong Kong, Taiwan, or the 

People's Republic of China passports. When the request for investigation involves documentation which has 

been obtained in Hong Kong, Taiwan, or the People' Republic of China for the purpose of establishing 

eligibility for the preference under section 203(a)(3) or 203(a)(6) or to obtain a labor certification as a 

nonpreference alien, copies of the following material shall also be forwarded to the officer in Charge, Hong 

Kong: Forms I-140 and I-485, ETA 7-50A and B, all recommendation letters, and Forms G-325 and G-28, if 

available. The following information shall also be included, if available; the date the applicant was issued a 

nonimmigrant visa, the visa number, and the visa issuing office. If the applicant is from Hong Kong, include 

his Hong Kong Identity Card number which is obtainable by inspection of his/her travel document. If the 

page of his/her travel document. If the applicant is from Taiwan, included, if available, his Taiwan Household 

Register (phonetic:Fu Chih Fun Bun). (For the transmission of classified material, see AM 2108.) 

Request for record checks or investigation in Japan should include, if available, Kanji version (characters) of 

names and all addresses after anglicized Japanese names and addresses. A photograph of subject of 

investigation, if available, should also be sent with request. 

All requests for investigation outside the United States will be made in accordance with Operations 

Instructions 103.2(r). 

In matters of interest to the Central Office, correspondence shall be carried on directly between appropriate 

Central office divisions, and Service officers outside the United States. 

Blue Page OI 103.1(c)(1) 

Requests for verification of departure from the United States and establishing presence in Canada may be 

addressed to Service offices in Canada may be addressed to Service offices in Canada when the alien's 

residence is in the immediate area of Service office. If the address of the alien is the vicinity of the border, 

the request should be addressed to the district office in the United States adjacent to the section of Canada 

where the alien resides. The assistance of local police may be solicited to make verification if the alien 

resides. The assistance of local police may be solicited to make verification if the alien does not reside near 

a Service office or the border. Local detachments of the RCMP should not be requested tao verify presence 

in Canada. Requests for verification from any other canadian government agency shall be addressed to the 

Service Liaison Officer, Ottawa, who will arrange for verification. 

For the purpose of conducting investigations at nearby places in Canada, jurisdiction is assigned to Service 

offices in the United States as follows: 

Portland, Maine - Provinces of New Brunswick. Nova 

Scotia, and the Province of 

Quebec east of 73 degrees longitude. 

(Revised) 

Buffalo, New York - Province of Ontario east of 81 

degrees longitude and the Province 

of Quebec west of 73 

degrees longitude to include the 

city of Montreal and its environs. 

(Revised) 

Detroit, Michigan - Province of Ontario between 81 

and 88 degrees of longitude. 

(Revised)


St. Paul, Minnesota - 

Province of Ontario west of 

88 degrees longitude and the 

Province of Manitoba 

Helena, Montanta - Provinces of Saskatchewan and 

Alberta 

Seattle, Washington - 

Province of British Columbia. 

A request for Canadian criminal conviction records shall be addressed to the Service Liaison Officer in 

Ottawa. The Service Liaison Officer will arrange to obtain a certified copy of the records and forward them 

to the officer making the request. The request for records should include the alien's true name and aliases 

used, date and place of birth, alien registration number and the location of the records desired, if known. If 

the alien is being detained at the Service's expense, that fact should be noted in the request. The districts 

mentioned in the foregoing paragraph still have jurisdiction to conduct investigation in Canada and obtain 

conviction records necessary to complete the particular investigation without utilizing the Service Liaison 

Officer. (TM 9/89) 

Blue Page 103.1(c)(2) 

Blue Page 103.1(d)(1) 

(vi) Stowaways and ship search. In every case involving the entry or attempted entry of a 

stowaway within the preceding 3 years, a report shall be prepared and a copy furnished promptly to 

the assistant District director, Investigations New York. When the Vessel is still in the United 

States, an immediate report shall be dispatched by fastest mail, or when circumstances warrant, by 

telegram. 

The report shall include embarkation and debarkation data; nature and details of assistance 

rendered the stowaway, including dates, time and places of events, and the names, description and 

other identifying data of persons rendering such assistance, and detailed routes and means of 

travel; also, include information concerning actions taken or contemplated against principals 

involved, whether or not prosecution authorized, if applicable, and the results or current status of 

investigation, if known at the time the initial report is prepared. Any information received by a 

Service officer concerning a suspected stowaway operation or ring or pattern of stowaway activity 

occurring within the preceding 3 years shall also be furnished. In addition, the results of all 

ship-search activities shall be reported promptly. 

(vii) Use of Form G-330. Form G-330 shall be used to report intelligence information directly to the 

officer who can best use it when copies of reports are not used or when telephone or other 

expeditious means are not necessary. One copy of Form G-330 shall be prepared in pencil,ink or 

typed and forwarded through the local intelligence officer. When the receiving officer has acted on 

the intelligence information, he shall place a brief notation on the back of the form as to the action 

taken and the results thereof and return it directly to the office of origin even if the results are 

negative. 

(2) Security. Security functions within the jurisdiction of the Associate Commissioner, Management, 

Include the administration of the physical security program in accordance with provision of EO 11652: 

administration of the personnel security program in accordance with provisions of EO 10450; 

coordination of all emergency wartime plans of the Service; and relocation of Service personnel essential 

to performance of wartime functions. 

(e) Regional Counsel. [Removed 6/24/97; TM 1] 

(e-1) Supervision of attorneys. [Removed 6/24/97; TM 1] 

(f) Regional commissioners. [Removed 6/24/97; TM 1] 

(g) Reporting incidents having international implications or unusual or complex matters. [Removed 

6/24/97; TM 1] 

(h) Monthly report of field operations. 

Each district, sector and any other office designated by the regional commissioner shall submit a monthly


report to the region covering Investigations, Border Patrol and Detention and Deportation field operations, 

wherever applicable, in the format set forth in the appendix to this OI. This report must reach the regional 

office by the sixth day of the following month. In addition, a separate Monthly activity Report, CDD-32, in the 

format set forth in the appendix of this OI is to be prepared by all Service operated Service Processing 

Centers and submitted simultaneously to CODDP and RODDP by the fourth work day of each month. 

The report shall cover field activities on a program basis and shall include contemplated or anticipated 

changes in operations for the following month. It shall also include actions taken or proposed in problem 

areas. Statistics or other data covered in G-23 reports should not be repeated but may be referred to where 

deemed necessary to explain increases or decreases in various activities. 

The regional commissioner shall transmit to the Deputy Commissioner tow copies of the investigative 

reports marked for the attention of the Assistant Commissioner, Investigations, and the originals of the 

Border Patrol and Detention and Deportation reports, marked for the attention of the Assistant Commissioner, 

Detention and Deportation, as appropriate. The reports may be transmitted by memorandum with marginal 

notes on the report referring to items the region deems necessary to explain, clarify or comment on. The 

information required in Sections III C. and D. of the Investigations Activity Reports will be consolidated in 

the regional office and included in the transmittal memorandum. In addition, the Western and Southern 

Regions will attach to the Border Patrol reports consolidated statistics prepared by the region concerning air 

operations and screening and removal programs. The reports shall be forwarded to reach the Central Office 

by the twelfth of the month. 

Officers in charge abroad, other than in Mexico, shall prepare and submit a monthly report, in triplicate, to 

reach the district office not later than the sixth day of the month. The district directors abroad, other than in 

Mexico City, shall airmail two copies of the reports by memorandum, in duplicate, to the Deputy 

Commissioner not later than the tenth day of the month. The memorandum shall comment on any matters in 

the reports which require explanation, clarification, or remedial action. The reports shall be prepared in the 

format set forth in the Appendix to this OI. 

The Supervisory Border Patrol Agent (Deputy Director EPIC) shall prepare and submit periodic reports to 

the Associate Commissioner, Enforcement, containing the information relative Mexican border anti-smuggling 

activities, private aircraft activities, section 239 violations, and Fraudulent Document Center activities, set 

forth in the Appendix to this OI. 

(i) Redelegation of authority. 

The extent to which a district director, service center director, or officer in charge may redelegate his/her 

authority under the regulations is specifically limited by OI's pertaining to certain functions. Redelegation of 

authority to a subordinate officer does not relieve the director or officer in charge from responsibility for the 

decision made. The officer to whom authority is redelegated must make the decision personally in the name 

of the director or officer in charge. Incases within the jurisdiction of Adjudications, denial decisions shall be 

final only after review and agreement by a supervisory immigration officer. (TM 7/91) 

(j) Removed [TM 183][7-31-91] 

OI 103.2 Formal Applications and Petitions 

Blue Page 103.2 

(b) Foreign Language Interpretation and Translations. 

(1) Use of Interpreters. 

Quality interpretation of interviews of applicants for immigration benefits is essential for the proper 

adjudication of their applications. Likewise full understanding of questions from Service officers and 

responses from aliens is required to establish the basis for removal of an alien or other adverse action. 

Applicants should be encouraged to provide interpreters of their own choosing and interviews should be 

rescheduled to accommodate this support. Lists of volunteer interpreters or voluntary agencies which 

may assist persons in obtaining interpreters should be maintained in each district and sector. 

Service personnel should secure the assistance of qualifies Service interpreters (including other officers, 

full-time or contract interpreters), whenever they experience difficulties in conducting an interview of an 

alien who lacks competency in English. Service officers should not presume their own capacity in a 

foreign language, if the alien appears not to comprehend questions or his/her answers cannot be clearly


understood. Even if the alien has brought an interpreter, a Service interpreter should be used if it 

appears that there may be any future conflict over what a person has said or a question to which he/she 

has failed to respond. If a formal statement is taken which forms the basis of adverse action by the 

Service, a Service interpreter should be used. 

Assistance should be sought first from lists of volunteer or contract interpreters in the immediate area. 

Whenever possible the interpreter should be physically present. However, the unavailability of an 

interpreter locally or the need to complete the interview promptly may require the use of an interpreter via 

telephone. 

Current regional lists of interpreters are to be maintained in each district and sector and all personnel 

shall be advised how to access these lists. The Central Office Communications Center (FTS 633-2618 or 

202-633-2618) has current lists from all regions and should be contacted for assistance. (Added TM 

11/86) 

(2) Translations. 

Translations shall be requested only when needed. Translation requests shall be on Form G-46 in 

duplicate. A copy of the request will be returned with the translation. 

Any foreign language document introduced in a proceeding before a special inquiry officer must be 

accompanied by an English translation. In other proceedings when a translation is missing the 

adjudicator may insist on its production by the person offering it or may ask the Service to provide a 

translation. a summary may be accepted in any proceeding at discretion as a substitute for a 

translation, provided that both the private party and the Government agree for the record that it is 

correct and sufficient for the purpose of the proceeding. Even a summary may be waived, except in a 

proceeding before a special inquiry officer, if the document is easily readable in the original language and 

consists merely of official verification of uncontroverted facts stated in the application or petition. No 

informality or other exception to the instructions printed on Service forms shall be allowed in cases 

handled by naturalization examiners. 

Documents written in any foreign language or dialect will be translated by the New York office. It is 

important that the requesting office address and the telephone number of a contact person be included 

with the translation request in the event there are any questions. The requests should be forwarded to 

the New York District Office, Interpretation Unit, 26 Federal Plaza, New York, New York 10007. 

Unless specifically requested to do so, Service translators shall not make word-for-word translations; a 

certification that a translation shows the material facts will suffice. 

(c) Oaths administered by officers of the United States armed forces. 

An oath may properly be administered in accordance with Article 136 of the Uniform Code on Military 

Justice (10 U.S.C., Supp. V, Sec. 936) Which contains the following provision: 

ART. 136. Authority to administer oaths and to act as notary. (a) The following persons on active duty 

may administer oaths * * * and have the general powers of a notary public and of a consul of the United 

States, in the performance of all notarial acts to be executed by members of any of the armed forces, 

wherever they may be, by persons serving with, employed by, or accompanying the armed forces outside the 

United States and outside the Canal Zone, Puerto Rico, Guam, and the Virgin Islands, and by other persons 

subject to this chapter outside of the United States: 

(1) All judge advocates of the Army, Navy, Air Force, and Marine Corps. 

(2) All law specialists. 

(3) All summary courts-martial. 

(4) All adjutants, assistant adjutants, acting adjutants, and personnel adjutants. 

(5) All commanding officers of the Navy, Marine Corps, and Coast Guard. 

(6) All staff judge advocates and legal officers, and acting or assistant staff judge advocates and legal 

officers. 

(7) All other persons designated by regulations of the armed forces or by statute.


(d) Signatures on Service-issued documents. 

The Commissioner's rubber-stamp facsimile signature shall be placed on granted certificates of citizenship 

8 CFR 341, certificates of naturalization or repatriation 8 CFR 343, new naturalization and citizenship papers 

8 CFR 343a, and special certificates of naturalization 8 CFR 343b, 

Other Service-issued documents requiring signatures shall bear the signature or rubber-stamp facsimile 

signature of the issuing officer. 

(e) Signature required of persons of Chinese race. 

Every person of the Chinese race, regardless of whether he is a Chinese national or not, whose name has 

been anglicized from the Chinese, who makes any application to the Service or is the subject of investigation 

by the Service, shall be requested to include the proper Chinese characters of his name in addition to his 

usual anglicized signature. The Chinese characters submitted shall be checked against those in his 

passport. If the characters do not coincide, the person shall be requested to explain the dissimilarity and to 

submit another specimen of his name in characters matching the name as written in his passport. The proper 

Chinese characters and the signature shall be placed on any application and on For G-138, Signature 

Specimen Form, in triplicate. If a person of the Chinese race is unable to sign the Chinese characters 

denoting his name and qualified personnel of the Service are not available to do so in his behalf, he shall be 

requested to have the proper Chinese characters of his name furnished by another person who is competent 

to write Chinese, provided that the circumstances allow this course of action to be pursued. 

(f) Deficiencies. 

Form I-72 or N-14, as appropriate, shall be used when necessary to return a deficient application or 

petition to an applicant or petitioner. 

(g) Inspection of classified, confidentially-furnished, or other information. 

When a denial decision may be based on classified derogatory information, consideration shall be given to 

requesting the original classifying authority to review the information to advise whether it may be 

declassified. When the file contains unclassified confidentially-furnished information which would be 

important to the decision if it were useable, consideration shall be given to requesting the individual or 

agency which provided that information to advise whether the information must still be regarded as 

confidentially furnished; if such individual or agency insists that the information be so regarded, the 

information shall not be included in the record of proceeding and shall not be used as a basis for denial in the 

exercise of discretion. Classified information may be used as a basis for denial in the exercise of discretion 

only when specifically authorized by law or regulation (for example, see 8 CFR 103.2(b)(2) and 242.17. When 

the use of classified information is so authorized, such information shall not be made available for inspection 

by the applicant, petitioner, or his representative; such information shall maintained separately from the rest 

of the record of proceeding, in accordance with AM 2710.02 et seq. Under no circumstances shall classified 

or confidentially-furnished information be shown to an applicant or petitioner, or to his representative. 

(Revised) 

Unless information or evidence is classified, an applicant or petitioner must be advised, before a decision 

is rendered, of any derogatory information or evidence of which he is unaware and which is being considered 

as a basis for denial; and he must be given an opportunity to rebut such information or evidence and present 

evidence in his own behalf before the decision is made. When it is not feasible for the applicant or petitioner 

to come to a Service Office to inspect derogatory information or evidence on the basis of which an adverse 

decision is contemplated, he shall be advised of the nature of such evidence, and shall similarly be afforded 

an opportunity to rebut and present evidence in his own behalf. (Revised) 

Blue Page 103.2(g) 

(h) Affidavits of support. 

Form I-134 may be used to support a Service application if an affidavit of support would be helpful in 

resolving any public charge aspect of the case. Relatives and sponsors of visa applicants abroad who 

inquire at a Service office concerning the submission of affidavits of support in behalf of such applicants 

shall not be referred to anyone outside the Service; instead, Forms I-134 shall be furnished them. They shall 

be advised, however, that the Forms I-134 are furnished solely as a guide as to items generally required in 

affidavits of support (see notes to 22 CFR 41.91(a)(15) and 42.91(a)(15) in Volume 9--Visas, Foreign Affairs 

Manual). Forms I-134 are to be made available only for use in individual cases and are not to be distributed


outside the Service. 

(i) Uniform citations. 

To provide uniformity in citing authorities, the forms of citation and abbreviations set forth in the booklet 

"A Uniform System of Citation" shall be followed. 

When citing federal court, Board of Immigration Appeals, or Regional Commissioner precedent decisions, 

the headnotes shall not be cited as legal authority. The headnotes have no legal effect, but are merely 

editorial and research aids. (Revised) 

(j) Evidence of lawful permanent admission. 

If, as provided in 8 CFR 103.2(b)(1), evidence other than an immigrant visa or a Service manifest or other 

arrival record was relied upon to establish an applicant's or petitioner's claim of being a lawful permanent 

resident alien, the relating file shall be checked when it is received to verify the alien's admission or 

adjustment or that the alien's claim is not refuted by the contents of the file. 

When an applicant or petitioner claims to have acquired lawful permanent resident status but (1) the 

relating file cannot be obtained or does not contain his immigrant visa or other verification of admission or 

adjustment as a permanent resident, (2) admission for permanent residence cannot be verified under the 

procedure specified in AM 2770, and (3) the alien is unable to submit any of the other documents 

characterized in 8 CFR 103.2(b)(1) as "official records", an attempt shall be made to ascertain whether a 

relating Form G-361 Index Card exists bearing an immigrant visa symbol which indicates subject was 

admitted or adjusted as claimed. To determine whether such a Form G-361 exists, Form G-180 shall be 

prepared and sent, via the index unit of the local files control office, to the Central Office to request a search 

of the index records and the furnishing of a copy of "G-361 bearing immigrant visa symbol" to the requesting 

office. If a search of the local files control office index reveals the existence of such a Form G-361, a copy 

thereof shall be prepared and sent to the requesting office or unit, together with the Form G-180; otherwise 

the local index unit will transmit the Form G-180 to the Central Office. 

(k) Interviews. 

An interview of an applicant or beneficiary shall not be conducted unless required by statute, a specific 

regulation, or operation instruction or unless a material question of fact cannot be resolved without interview. 

Blue Page 103.2(m) 

(n) Form M-188. 

Service personnel are to furnish copies of the pamphlet called "Your Appeal or Motion under the 

Immigration and Nationality and Related Laws" (Form M-188) in the following instances: 

(1) With every unfavorable decision in an application, petition, exclusion, deportation, or other 

proceeding. 

(2) Upon request, for information purposes. (TM 6/90) 

(o) Automatic termination of action on Examinations applications or petitions. 

Except as specified in OI 245.2(b), whenever the Service determines that additional information, 

documents or other evidence, or that the applicant's or petitioner's appearance for interview is necessary for 

an adjudication of an application or petition in the Examinations activity, and request therefor, mailed to the 

applicant or petitioner at the address last furnished by him, is returned to the Service by the postal 

authorities as undeliverable, the application or petition shall be deemed to have been abandoned and action 

thereon shall be terminated automatically if there is no other apparent means of communicating with him. A 

request for interview mailed to the applicant or petitioner shall contain the notation "Your application or 

petition will be deemed abandoned and action thereon will be terminated if you fail to respond to this request." 

If the applicant or petitioner fails to appear or otherwise respond within 10 working days after the call-in 

date, the application or petition shall be deemed abandoned and action thereon shall be terminated 

automatically. (TM 6/90) 

When an application or Petition is referred to the Investigations after exhausting all possible leads that 

there are no apparent means of communicating with the applicant or petitioner, the automatic termination 

shall be considered on the basis of the investigative report in the file and the record so noted by the


adjudicator as provided below. 

In any case which is automatically terminated for either of the reasons described above, an 8" x 10 1/2" 

sheet of bond paper shall be attached to the top of the record proceedings endorsed "Action of Form I-(No.) 

automatically terminated pursuant to OI 102.2(o)." The endorsement shall be dated and the actual or 

facsimile signature of the official who would sign a denial order shall be affixed. The case shall be counted 

statistically as "1completed" and "denied". The application or petition shall be housed in the same manner as 

a denied application (e.g., if it is an I-539 application, it shall be filed in the nonimmigrant alpha file; if it is an 

I-130 petition, it shall be filed in an existing or newly created "A" file, since procedures call for creation of an 

"A" file where none exists when a petition is denied. 

Such termination shall be without prejudice to renewal of the application or petition upon written request of 

the applicant or petitioner. If the case is subsequently renewed upon the written request of the applicant or 

petitioner, it shall be counted statistically as "received". 

(q) Chronological processing of applications and petitions. 

To deal fairly and equitably with applicants and petitioners, it is Service policy that cases be processed in 

chronological order by date of receipt. For purposes of this paragraph, any adjudications-related petition or 

application for which a fee has been accepted and which is returned to the petitioner or qapplicant, 

transferred to another office or referred to Investigations, shall, upon resubmission by the petitioner or 

applicant, receipt by Examinations from another office or return to Examinations from Investigations, be 

accorded the chronological position held when the fee was accepted. 

An exception may be permitted only by a district director, service center director, deputy district director, 

deputy service center director, officer in charge, an official acting in such capacity, an assistant service 

center director for adjudications or an assistant district director for examinations upon showing of emergent 

circumstances. When an exception is authorized, it shall be noted in the record and initialed by the 

authorizing official. (TM 7/91) 

To the extent practicable and feasible, local interested organizations should be kept informed periodically 

of the normal processing time of various applications and petitions so that the public may be guided 

accordingly. When a processing schedule is prepared for distribution, a copy shall be provided to the 

Commissioner, Attention: Director, Office of Congressional and Public Affairs. 

(r) Cases to be referred for investigation prior to adjudication. 

Prior to forwarding any application/petition to Investigations, the applicant, petitioner, and/or beneficiary 

will first be interviewed by an Examinations officer. A written record of the interview in the form of an 

affidavit or a sworn question and answer statement will be made for the record. If after the interview, the 

officer feels that a final decision cannot be made, the complete record will be referred to a supervisor with 

the officer's recommendation specifying the grounds for referral for investigation and the reasons therefor. 

The supervisor will review the record and determine whether or not the application/petition will be referred to 

Investigations and will note and initial the record accordingly. 

(s) Review of cases in which a decision is deferred. 

Where an adjudicating officer defers the final decision in a case, the supervisor in charge of the 

adjudicating unit will review the cases on a spot-check or percentage basis to insure that the decisions are 

deferred for valid reasons. Cases found to have been deferred for other than valid reasons shall be 

expeditiously processed to completion. 

OI 103.3 Appeals to the Administrative Appeals Unit (AAU) in other than Legalization Appeals Unit (LAU) 

cases. 

(a) Notice of decision. 

An official making an appealable decision must prepare a formal order. The official must sign the duplicate 

order (on Form I-292 or other notification form, if applicable) and retain it in the record of proceeding (ROP) 

(b) Service of decision. 

Normally, the date of service is the date of the decision. When the date of service is not the date of the 

decision, the deciding office must record the date of service in the ROP in the manner most convenient for 

that office.


If the affected party resides outside the United States, the deciding office must send the notice by air 

mail. 

(c) Record of proceeding. 

The deciding office is to send only the ROP to the AAU. The AAU will return the ROP to that office with 

the final decision. 

The tab on the folder containing the ROP should be in the same position on the folder as on an "A" file (on 

the left for an odd number and on the right for an even number). The file number must be followed by the 

three-digit files control office code except when the code is already part of the file number. 

The record of proceeding must contain, on the left side of the folder, all evidence used in making the 

decision. The deciding office must arrange applicable items in the record of proceeding from top to bottom in 

the following order: 

(1) Notice of Entry of Appearance as Attorney or Representative(Form G-28). (TM 6/90) 

(2) Brief, statement, and/or supporting evidence. 

(3) Notice of Appeal to the Administrative Appeals Unit (Form I-290B). 

(4) Decision. 

(5) Any response to notice of intent to take unfavorable action. 

(6) Notice of intent to take unfavorable action. 

(7) Investigative reports and/or other derogatory information. 

(8) Application or petition. 

(9) Labor certification. 

(10) Evidence in support of application or petition. 

Miscellaneous record materials relating to the proceeding should be in the ROP in chronological order 

from bottom to top. 

The official who reviews the appeal must complete an Appeals Review Worksheet (Form I-468). That 

official must put Form I-468 in the folder, on the right side, with an Administrative Appeal Control Card (Form 

I-725). (TM 6/90) 

OI 103.4 Certification of other than special agricultural worker and legalization cases. 

(a) Authority. 

Officials other than those listed in 8 CFR 103.4(a)(1) may not certify a case except when an operations 

instruction directs certification of a category of case. (TM 6/90) 

(b) Initial decision. 

An official certifying a case to the AAU must make an initial decision to be reviewed, as required by 8 CFR 

103.4(a) (4), and prepare a formal order. The AAU will make a final decision. 

(c) Other applicable provisions. 

OI 103.3(b) regarding service of decisions also applies to certification to another Service official. OI 

103.3(c) regarding records of proceeding also applies to cases certified to the AAU, except that: 

(1) an Appeals Review Worksheet (Form I-468) is not used, and 

(2) The TOP contains a Notice of Certification (Form I-290C), not an appeal notice. (TM 6/90)


OI 103.5 Reopening or reconsideration in other than special agricultural worker and legalization cases. 

(a) Motions addressed to service officials. 

(1) Properly filed motion. 103.5 Reopening or reconsideration in other than special agricultural worker 

and legalization cases. (a)Motions addressed to service officials. (1) Properly filed motion. When an 

affected party submits a properly filed motion addressed to a Service official, the official having 

jurisdiction must prepare a formal written order. Such an order must give specific reasons for either 

affirming or reversing the prior decision. 

(2) Deficient motion. When a motion is deficient under 8 CFR 103.5(a)(4), the official must prepare a 

short written order rejecting the motion. Such an order must explain specifically why the motion was 

improperly filed. It also must state that: 

(i) if the deficiency is corrected within 60 days of the motion's rejection, a decision will be made on 

the merits of the case, and 

(ii) There is no further fee within 60 days, as long as the filing fee has already been paid and 

accepted by the Service. (TM 6/90) 

(b) Exclusion or deportation proceedings. 

Since an immigration judge in an exclusion or deportation proceeding has no authority to act on a motion 

to reopen or reconsider once an appeal to the BIA has been taken, the record file shall be forwarded to the 

BIA on appeal with the motion. However, if the alien consents, in writing, to withdraw his appeal, the 

immigration judge may then reopen or reconsider the case if the record file is still in the field office. 

(c) Motions filed in connection with immigration judge's decisions. 

When a motion is filed, addressed to the jurisdiction of the immigration judge, there should be strict 

compliance with the ten-day period specified in 8 CFR 103.5 for reply by the other party, unless the 

immigration judge for proper cause grants additional time. (TM 6/90) 

OI 103.6 Immigration bonds. 

(a) Determining whether maintenance of status and departure bond should be posted. 

The decision whether an alien is admissible as a nonimmigrant or should be granted an extension of 

temporary stay should not ordinarily hinge on whether he is capable of posting a maintenance of status and 

departure bond. The paper work involved in posting a bond, the required periodic review of the case while 

the bond remains in effect, the eventual adjudication of whether the bond should be declared breached or 

cancelled, the adjudication of motions and appeals filed when a bond is declared breached, and the 

government's involvement in litigation which frequently ensues when a bond has been declared breached, are 

all costly to the Service in terms of money and manpower. Accordingly, a maintenance of status and 

departure bond should be required by an immigration officer only under the most exceptional circumstances 

when it is felt that the bond is essential to induce compliance with the terms of the alien's admission or stay, 

and that the circumstances are such as to warrant requiring the bond notwithstanding the considerations 

mentioned in the preceding sentence. 

When a maintenance of status and departure bond is posted in behalf of an individual alien, Form I-352A, 

which is attached to the bond form, shall be furnished to the obligor. In all other bond cases Form I-352A 

shall be destroyed. 

(b) Bond control card. 

Form I-393 shall be prepared immediately upon the posting of any bond, except a delivery bond, and all 

Forms I-393 shall be maintained by Examinations. Upon the posting of a maintenance of status and 

departure bond, the duplicate copy of Form I-393 shall be forwarded to the Document Handling Unit, Central 

Office. The Form I-393 shall be used to identify files containing these bonds and as a call-up for review. 

Upon the posting of a delivery bond, Form I-154 shall be noted immediately in the box "Service Custody 

Status" to show the amount and date of posting. When a bond is posted at the request of an American 

consular office abroad, the location of the requesting consular office shall be shown at the bottom of the 

Form I-393. It is imperative that files relating to the Forms I-393 be called up promptly for review of the 

outstanding bond as indicated in paragraphs (c) and (d) below. (Revised)


(c) Review. 

(1) Public charge bonds. 

Each public charge bond shall be reviewed every 5 years after posting to ascertain whether it is sill 

required and whether it is subject to breach or cancellation. At the request of an interested party, the 

bond may be reviewed at any time. The review shall require presentation by the alien of evidence to 

establish whether the bond shall be cancelled, breached, or continued. Form I-393 shall be used to 

notify the alien regarding the presentation of required evidence. If deemed necessary, the alien may be 

requested to appear for an interview. If the alien's address is unknown, the obligor shall be contacted 

regarding the alien's whereabouts. Also, in the case of a surety bond, the person who requested the 

surety company to post the bond in the alien's behalf may be contacted for that purpose. 

The bond shall ordinarily be cancelled after the initial 5 year period (or earlier, if warranted) if the review 

shows the alien has not become a public charge and has died, become naturalized as a United States 

citizen or departed permanently from the United States or if the Service is satisfied that the alien has not 

been and will not become a public charge. If it is found that the alien has become a public charge, the 

bond shall be breached in the necessary amount with any remainder continued in effect. 

(2) Maintenance of status and departure bonds. 

Each maintenance of status and departure bond shall be reviewed periodically to determine whether it is 

still required or should be cancelled or breached. The first review on bonds for B nonimmigrants shall be 

9 months after posting. Bonds for other nonimmigrants shall be reviewed annually after posting. Except 

when the file contains evidence to sustain cancellation, breach or continuation of the bond, Form G-180, 

Request for Search of Central Office Index, clearly marked to show it relates to a bond case, shall be 

sent to the Central Office for copies of arrival, extension of stay, denial of extension of stay and 

departure records. At the same time, Form G-146 shall be sent simultaneously to the alien's local and 

foreign addresses shown in the file and to the person who posted the bond. The records received from 

the Central Office shall be made a part of the relating file as will any relating application for extension of 

stay not already contained therein. When a record of departure indicates the departure was timely and 

there is no reason to believe there has been a violation of status, prompt action shall be taken to cancel 

the bond. If there is no record of a timely extension of stay, other authorization to remain, or timely 

departure, prompt action will be initiated to breach the bond and the case shall be referred to 

Investigations to locate the alien. When the review indicates the alien's authorized stay has not expired, 

the call-up date on the Form I-393 shall be changed to 3 months after the expiration date of the 

extension of stay or voluntary departure. If the review shows an application for permanent residence is 

pending, call-up shall be made 30 days after the date on which decision on the application is expected, 

but not exceeding 6 months after bond review. 

(d) Notice to regional finance office. 

When a public charge bond has been outstanding for 5 years or any other bond has been outstanding for 

3 years or more, a memorandum shall be sent by the reviewing office to the finance section of the regional 

office which has jurisdiction over the office where the bond was originally received, if the bond is secured by 

cash or United States bonds or notes and the review indicates that neither cancellation nor breach is 

warranted. The memorandum shall state the date of the review and that it was determined that the bond 

should continue in effect. 

(e) Bond posted for alien who fails to come to United States. 

When an individual who has posted a bond in behalf of a nonimmigrant requests to have the bond 

cancelled on the ground that the alien will not be coming to the United States, he shall be advised to notify 

the alien to appear in person at the American consulate which issued the nonimmigrant visa for the purpose 

of having the visa cancelled. After cancellation, the consular office will so notify the Service office where 

the bond was originally posted, giving the alien's full name, date and place of birth, nationality, the amount of 

the bond, the alien's "A" number and the date on which the visa was actually cancelled. Upon receipt of 

such notice, the bond shall be cancelled and any moneys involved released. 

(f) Private bill report. 

If, following the submission of the private bill report to refund or cancel an immigration bond or the 

proceeds thereof, any material information is received or any material action is taken which might favorably 

or unfavorably affect the Congressional committee's consideration of the bill, an immediate supplemental 

report shall be submitted to the Private Bill Control Unit, Central Office.


(g) Blanket bonds for departure of visitors and transits. 

District directors shall set up controls to keep up-to-date charges against each blanket bond posted 

pursuant to 8 CFR 103.6(d) to prevent the number of aliens admitted under the bond from exceeding the 

number provided for in the bond. 

(h) Surety bonds. 

When a bond is executed by a surety company, the office which approves and accepts the bond shall 

promptly forward a copy thereof, noted "Information copy," to the person who executed a written instrument 

with the surety company requesting it to post the bond, as shown on the Form I-352, Immigration Bond. 

When a bond is breached, both the agent who wrote the original bond and the surety company should be 

advised of the breach. This should be done on Form I-323. (Added) 

(i) Appearance and delivery bond. 

The condition against the alien's employment should be inserted in an appearance and delivery bond only 

in aggravated cases where justified for a purpose relating to the immigration laws. Where appropriate, the 

regional commissioner may obtain the views of the Department of Labor concerning the availability of 

American workers and suitability of working conditions. In every case where a condition against the alien's 

employment is set, the order to show cause shall be stamped "Bond -Employment Not Authorized." This 

stamp shall be centered on the bottom of the face of the order to show cause. In addition, the alien's right 

thumb print shall be placed in the lower right-hand portion of the Certificate of Service on the reverse side of 

the order to show cause. 

(j) Acceptance of appearance and delivery bonds. 

Aliens desirous of posting appearance and delivery bonds with this Service should be assisted in every 

way possible and given every opportunity to post such bonds, not only during regular office hours, but at 

reasonable hours during after-duty hours and on weekends. The determination as to what constitutes 

reasonable hours will depend upon the facts in an individual case. All officers involved in the apprehension 

and detention of aliens should be furnished with a list of names and telephone numbers of those employees 

who can accept and process immigration delivery bonds. 

OI 103.7 Determination of citizenship status. 

Generally, a determination of an individual's status as a citizen of the United States shall not be made unless 

the question of his citizenship status is an issue in a proceeding or function authorized by statute, 

regulation, or operations instruction. Where for example, the citizenship claimant is the subject of pending 

exclusion or deportation proceedings, or seeks to initiate vis petition proceedings as a citizen, the 

determination shall be made in such proceedings. Similarly, if the circumstances are such that an application 

pursuant to section 341 or 343 of the Act, or an application for a citizen identification card under 8 CFR 

235.10 would afford an appropriate means of resolving the citizenship question, the determination is required 

to be made in proceedings initiated by such applications. 

Where an individual whose citizenship status is not an issue in any proceeding before the Service claims that 

he was in fact a citizen of the United States at the time he was last admitted as an immigrant or 

nonimmigrant or, if he was admitted as a citizen but was thereafter held to be an alien by the Department of 

State and the individual claims that he was properly admitted as a citizen of the United States, the claimant's 

request that the Service find that he was a United States citizen at the time of admission may be determined 

independently of formal Service proceedings. In these situations, it is mandatory, and the responsibility of 

the adjudicating Service officer, to interview the claimant and thereafter make an independent determination 

of citizenship status, separate and apart from any previous adjudication which may have been entered by 

another government agency or department. The adjudication shall be supported by a brief but adequate 

memorandum for the file, setting forth the pertinent facts and law, and the evidence considered in arriving at 

the determination of status. 

For policy and procedure to be followed in returning a surrendered certificate of naturalization or citizenship 

based upon the expatriation reversal in Schneider v. Rusk or Afroyim v. Rusk, or as a result of the effect of 

the amendment of section 301(b) on October 27,1972, P.L. 92584, and in officially acknowledging an 

expatriation reversal premised upon such decisions or section 301(b), as amended, see 8 CFR 343a.2 and 

OI343a.7 

OI 103.8 AVAILABILITY TO THE PUBLIC OF OPINIONS AND ORDERS.


(a) Processing of orders. 

(1) Deletion of identifying data. Deletions of identifying data shall not be made on "public copies" (copies 

which must be made available for inspection and copying by the public) of orders in proceedings which 

are open to the public or in an administrative fine case. 

In any other proceeding in which the order must be made available to the public, the names and 

addresses of the applicant, petitioner, beneficiary, and witnesses shall be deleted from the public 

copies. The foregoing are not intended to be exclusive. Other data which would make the individual 

readily identifiable, such as his present place of employment, should also be deleted. Deletions shall be 

accomplished by painting over the data to be deleted with a black felt marker; care shall be taken to 

assure that none of the deleted material is visible. Each public copy shall be stamped in the lower left 

corner, "Identifying data deleted to prevent clearly unwarranted invasion of personal privacy." (TM 1/91) 

Deletion of identifying data and stamping will be the responsibility of the following: 

(i) The district director or service center director, whenever an order rendered by him or her, or by an 

officer in charge within the geographical area over which the district director has jurisdiction has 

become final; (TM 1/91) 

(ii) The immigration judge, whenever an order rendered has become final; and 

(iii) The officer in charge outside the United States, whenever an order rendered has become final. 

Under its procedure, the Board of Immigration Appeals performs the required deletions and stamping 

whenever the Board renders a final order on appeal or certification. (Revised) 

When deletions of names and addresses from the public copies are required under this instruction, 

the appellate authority will accomplish the deletions and stamp the public copies of the order entered 

by that authority, as well as the copies of the initial decisions. This will insure that identical 

deletions are made on all copies. 

(2) Preparation of extra public copies of initial decisions which are appealed or certified. Upon appeal or 

certification to the Commissioner, two copies of the initial decision stamped "PUBLIC COPY" in the upper 

right hand corner shall accompany the record of proceeding (in addition to the signed record copy of that 

decision) when the case is forwarded to the Commissioner. Upon appeal or certification to the Board of 

Immigration Appeals, one copy of the initial decision shall be so stamped and shall accompany the 

record of proceeding when the case is forwarded to the Board of Immigration Appeals; this copy is in 

addition to the one required by OI 3.1(a) (Revised) 

The appellate authority will transmit to the office of origin a public copy of the appellate decision, to 

which the appellate authority will attach a public copy of the initial decision. 

(3) Coding of orders. To facilitate sorting and filing of orders (whether granted or denied in the reading 

room or area, each public copy shall be coded by the transmitting office at the upper left of the first 

page with the alphabetical letter shown before each of the below-listed categories: 

*A - Adjustment of Status - Sec.245, I&N Act 

*B - Adjustment of Status - Sec. 13, Act of 9/1/57 

*C - Adjustment of Status - Act of 11/2/66 

D - Advance Permission to return to Unrelinquished Domicile - Sec. 212(c), I&N Act 

E - Authorization for Temporary Admission - Sec. 212(d) (3), I&N Act (except where alien is inadmissible 

under Sec.212(a)(28)) 

F - Bond Breaches and Cancellations 

G - Change of Nonimmigrant Classification - Sec. 248, I&N Act 

H - Change from Immigrant to Nonimmigrant Classification - Sec. 247, I&N Act


*I - Creation of Record of Lawful Admission - Sec. 249, I&N Act 

*J - Exclusion Proceedings 

K - Expulsion Proceedings - (Orders shall be filed in this category notwithstanding that one or more 

applications for discretionary relief were considered.) 

L - Extensions of Temporary Stay 

M - Fine Proceedings 

N - Permission to Reapply after Deportation or Removal - Sec. 212(a)(16) or (17), I&N Act (However, if 

category Z decision is also involved, code under category Z.) 

O - Reentry Permits, Issuance and Extension - Sec. 223, I&N Act 

P - Rescission or Adjustment of Status _ Sec. 246, I&N Act 

Q - Schools - Approval for Attendance by Nonimmigrant Students 

R - Visa Petitions, Immigrant - Relatives of United States Citizens and Lawful Permanent Residents 

S - Visa Petitions, Immigrant - Members of Professions, Persons with Exceptional Ability in Arts or 

Sciences - Sec. 203(a)(3), I&N Act 

T - Visa Petitions, Immigrant - Skilled or Unskilled Workers - Sec. 203(a)(6), I&N Act 

U - Visa Petitions, Nonimmigrant - Temporary Workers of Distinguished Merit and Ability - Sec. 101(a) 

(15) (H) (i), I&N Act 

V - Visa Petitions, Nonimmigrant - Temporary Workers in Short Supply - Sec. 101(a)(15)(H)(II), I&N Act 

W - Visa Petitions, Nonimmigrant - Temporary Trainees - Sec. 101(a)(15)(H)(iii), I&N Act 

Y - Visa Petitions, Immigrant - Revocation of Approval - Sec. 205, I&N Act 

Z - Waiver of Excludability on Health, Criminal, Immoral or Fraud Grounds - Sec. 212(g), (h) and (i), I&N 

Act (Notwithstanding that category N decision may also be involved, code under category z.) 

AA - Waivers of Foreign Residence Requirement for Exchange Aliens - Sec. 212(e), I&N Act 

BB - Bond, Parole or Detention of Alien under Expulsion Proceedings - Sec. 242 I&N Act 

CC - Preservation of Residence for Naturalization Purposes - Sec. 316(b), I&N Act 

DD - Certificates of Citizenship, Application for - Sec. 341, I&N Act 

EE - Cancellation of Certificates, Documents and Records - Administrative - Sec. 342, I&N Act 

FF - Application under Sec. 343, I&N Act 

GG - Classification as Refugee - Provison to Sec. 203(a)(7), I&N Act 

HH - Removal of Aliens - Sec. 250, I&N Act 

II - Exclusion Without Hearing - Sec. 235(c), I&N Act 

JJ - Prevention of Departure - Sec. 215, I&N Act 

KK - Nonresident Alien Border Crossing Cards 

LL - U. S. Citizen Identification Cards 

MM - Alien Crewman Landing Permit and Identification Card


NN - Deportation of Alilens - Sec. 241(f), I&N Act 

OO - Applications by nonimmigrant students to accept or continue employment. 

PP - Alien Registration Receipt Card (Form I-151), Application for Duplicate or Replacement 

QQ - Restoration of Citizenship as result of Supreme Court Decision - Sec. 349(a)(5), I&N Act 

RR - Suspension or Disbarment Proceedings terminated at regional level - 8 CFR 292.3(b) 

SS - Applications by nonimmigrant students for school transfer - 8 CFR 214.2(f) 

TT - Visa Petitions, Nonimmigrant - Fiancees and Fiances of United States citizens - Sec. 101(a)(15)(K), 

I&N Act 

UU - Visa Petitions, Nonimmigrant - Intra-company Transferee - Sec. 101(a)(15)(L), I&N Act 

*VV - Application for Permanent Residence Status Sec. 214(d), I&N Act 

WW - Application for conditional entry under Sec. 203(a)(7),I&N Act 

XX Application for waiver of passport and/or visa-Sec. 212(d)(4) I&N Act 

YY Stay of Deportation-8 CFR 243.4 

ZZ Asylum - 8 CFR 208 

AAA Advance Processing of Orphan Petitions - 8 CFR 204.1(b) (3) 

The public copy of an order shall be coded in the category preceded by a single asterisk notwithstanding 

that applications for waivers were also considered in such order. 

In exclusion and expulsion proceedings, when the immigration judge or Board of Immigration Appeals 

makes a decision granting an application in category A,C,D,E,I,N, or Z which was denied by the district 

director, a copy of the decision shall be made and coded for filing within each such category involved; if 

the immigration judge made an oral decision, it shall be transcibed for this purpose. 

When a decision cannot be classified under any of the foregoing categories, the office which enters the 

final decision shall request the Information Services Branch, Central Office, to add such new category to 

the list and to assign an alphabetical letter designation to such new category. If the request is 

approved, this operations instruction will be amended accordingly. 

(4) Distribution of public copies. When an order has become final, one public copy shall be forwarded 

expeditiously to the Central Office. Copies from the district directors, officers in charge or immigration 

judges shall be forwarded through the regional office. Service Center copies shall be forwarded directly 

to the Central Office. (TM 1/91) 

When any order entered by a Service office outside the United States has become final, public copies 

with appropriate deletions and stamp, shall be forwarded expeditiously, through the district office, to the 

Central Office. Service offices outside the United States shall not retain a public copy of orders, as 

such offices are not required to make copies available, but shall maintain log copies of internal audit 

purposes separated by category of case and kept chronologically for two years. 

Under its procedures, the Board of Immigration Appeals retains one public copy of each of its final 

orders which must be made available to the public, and transmits one public copy to the district 

headquarters of origin. 

Whenever a decision is made by a Service officer (including an immigration judge) on a motion or on a 

renewed application, a notation reading "Prior decision (date of prior decision)" shall be made on the 

public copies of the subsequent decision, immediately below the alphabetical letter designation assigned 

to that category of orders, before those copies are sent to the public reading rooms. 

Public copies of orders sent to the Central Office shall be routed to Examinations for review and 

forwarding to the Information Service Branch. (TM 11/86)


Public copies of orders need not be prepared and filed in the public reading rooms when it is readily 

known, without research, that an identical order has been prepared and filed in a similar case. 

When an order which must be made available for inspection by the public is not on 8 1/2" x 11 " sheets 

of paper, the public copies shall be machine-reproduced on sheets of paper that size before they are 

distributed. (Revised) 

(b) Maintenance of opinions and orders in public reading rooms. 

Public copies of unpublished decisions shall be filed in chronological sequence by category of case, and 

shall be maintained in the reading room or area where the public may inspect them in each district office in 

the United States and in the Central Office. Hardcovered, looseleaf, three-ring binders shall be used to 

house the orders. If the volume of orders in any category is large enough to so warrant, a separate binder 

shall be maintained for each such category. On the other hand, if the volume in any successively lettered 

categories as listed above does not warrant a separate binder, several such categories separated by 

dividers may be included in a single binder. The spine (back) of each looseleaf binder shall be appropriately 

labeled. 

When a public copy of a decision by a Service officer (including an immigration judge) is received for filing 

in a public reading room, and the public copy bears a notation reading "Prior decision (date of decision)", the 

prior decision referred to shall be removed from the chronological sequence in which it had been filled, shall 

be stapled behind the subsequent decision, and both decisions shall then be filed in the appropriate 

category, chronologically according to the date of the subsequent decision. (Revised) 

Similarly when a district office receives a public copy of a Board of Immigration Appeals decision, that 

decision shall be examined to see whether it grants or denies an application or petition which the district 

director had previously denied. If it does, and if the public copy of the district director's decision has been 

sent previously to the public reading room, before the public copy of the Board's decision is filed in the public 

reading room, a notation "Prior decision (date of prior decision)" shall be inserted on that copy, immediately 

below the alphabetical letter designation accorded to the Board's decision, and the prior decision shall be 

disposed of in the same manner indicated in the preceding paragraph. The same action shall be taken with 

respect to public copies of Board decisions in fine proceedings. 

(c) Interim decisions. 

Interim decisions shall be maintained in a hard-cover, looseleaf, three-ring binder labeled "Interim 

Decisions." They shall be filed in numerical sequence. 

(d) Assistance to the public in locating orders. 

When a member of the public requests access to a copy of an order relating to a specifically named 

individual, he shall be informed of the manner in which public copies of decisions are filed. He shall also be 

informed that identifying data is deleted to prevent unwarranted invasion of personal privacy except when the 

decision is entered in an expulsion, naturalization, or administrative fine proceeding, or any other proceeding 

that was open to the public. If a member of the public nevertheless states that he desires to see an 

unpublished decision relating to a specifically named individual in a type of case in which identifying data is 

deleted from the public copy of the decision, he shall be informed that he may file an application and of the 

provisions of 8 CFR 103.10 

(e) Matters not within purview of 8 CFR 103.8(a) 

The following are not decisions within the meaning of 8 CFR 103.8(a) and , therefore, are not available to 

the public: 

(1) Notices of approval or denial communicated to an applicant or petitioner by a form on which only a 

preprinted or stamped item is checked or inserted (e.g., Forms I-541, I-542, I-171, I-180). However, a 

form on which the reason for decision has been typed because the preprinted or stamped items do not 

apply, is not exempt from being made available for public inspection; 

(2) Notations by check mark, stamp or other brief endorsement on an application or petition showing 

approval or denial; 

(3) Memoranda of creation of records of lawful permanent residence (Forms I-181); 

(4) Immigration offices' admission stamp on immigrant visas, passports or Forms I-94;


(5) Notices of voidance of nonresident alien border crossing cards bearing a stamped reason for such 

voidance; 

(6) Reports and recommendations on page 4 of Form N-600, on Form N-600A, on Form N-635, and on any 

other similar form relating to the disposition of an application for a certificate of citizenship under section 

341 of the Act or under any predecessor statute, including those which are supported by a 

supplementary report; (Revised) 

(7) Reports and recommendations completed on preprinted Forms N-580, Application for a Certificate of 

Naturalization or Repatriation; Form N-577, Application for a Special Certificate of Naturalization; Form 

N-565, Application for a New Naturalization or Citizenship Paper; Form N-455, Application for Transfer of 

Petition for Naturalization; Form N-470, Application to Preserve Residence for Naturalization Purposes; 

and on any preprinted form used for the purpose of cancelling a certificate of citizenship under section 

342 of the Act on the sole ground that respondent has confessed alienage; 

(8) Memoranda of designated examiners and regional commissioners pursuant to 8 CFR 335.12; and 

(9) Summary decisions of special inquiry officers on Forms I-38 or I-39, Forms I-167 (Special Inquiry 

Officer Work Sheets), and oral opinions dictated into the record by the Special Inquiry Officer and not 

transcribed. 

(f) Cases involving national security, foreign policy and confidentially furnished information. 

The following category of cases involve national security, foreign policy and confidentially furnished 

information, and for that reason, orders of grant or denial in such cases shall not be made available. 

(1) Temporary admission under section 212(d)(3) of an alien who is inadmissible under section 212 (a) 

(28). 

(2) Sanctions under section 243(g). 

(3) Defectors under section 212 (a)(28)(I)(ii). 

(g) Decisions involving waiver of foreign residence requirement for exchange aliens. 

A copy of each letter notifying an applicant of the approval of his application for a waiver of the foreign 

residence requirement under section 212(e) of the Act on the basis of exceptional hardship or persecution 

shall be processed and forwarded to the reading room in the manner set forth in this OI. In addition, there 

shall be attached to this copy of the letter a copy of the district director's request for the recommendation of 

the Department of State. Similarly, when a letter denying a waiver is sent to an applicant, the reason for 

denial shall be given and a copy of the letter shall be routed to the reading room. If a request was made for 

the State Department's recommendation, a copy of the request shall be attached to the reading-room copy of 

the denial letter. 

A copy of each letter notifying an alien of the approval or denial of a section 212(e) waiver, based upon 

the request of an interested government agency or based upon a written statement of the alien's country of 

nationality or last residence that it has no objection to the waiver, shall be processed and forwarded to the 

reading room in the manner set forth in this OI. 

Blue Page 103.1(d)(1) 

Blue Page Appendix 103.1(h) Page 455 

Blue Page Appendix 103.1(h) Page 463 - 472 

APPENDIX TO OI 103.1(h) 

Subject: (CADJ-1) ACTIVITY REPORT FROM OFFICE ABROAD 

Month ending ________________________________________ 

(1) Travel - Give name of each city, dates, purpose of trip and accomplishments.


(2) Meetings and liaison - State the purpose of the meeting or liaison and the results. 

(3) Other matters. 

INSTRUCTIONS 

1. Each item shall be reported in a separate paragraph identified by the appropriate heading but need not 

include those headings for any item on which there is nothing to report. 

2. Statistics or other data covered in Forms G-23 and G-319 should not be included in this report. 

Explanations or comments with respect to increases or decreases in actual or contemplated receipts, 

completions and backlogs should be set forth in the narrative analysis attached to Forms G-23 and G-319 in 

accordance with Parts 2301.03, par. 7, and 2302.14 of the Administrative Manual. 

Subject: (CDD-34) Detention and Deportation Monthly Activity Report for Month 

Ending____________________________. 

I. Expulsion Program. 

Items of interest involving the expulsion program including trends, cases of particular interest, high visibility 

type cases, mental cases removed, etc. 

II. A. Service Detention and Contract Facilities. 

List 1-5 by each facility. 

1. Peak Population: (The highest number of aliens detained at any time during the reporting month) 

2. Low Population: (The lowest number of aliens detained at any time during the reporting month) 

3. Daily Average Population: (Total number of detention mandays during the month divided by the number of 

days within the reporting month) 

4. Total Mandays of Detention: (Enter total mandays of detention incurred) 

5. Average Mandays of Detention: (Divide total mandays by total aliens detained) 

Explain significant fluctuations in the number of aliens temporarily detained. Report any problems 

encountered, actions taken to solve them, or corrective actions recommended. Explain any differences 

between mandays reported in #4 above and SPC mandays reported on G-23.9. 

B. Federal, State and Local Detention: 

Explain significant fluctuations in the number of aliens initially admitted to Federal, state, and local detention 

at Service expense and mandays or the monthly average. Report any problems encountered, actions taken 

to solve them, corrective actions recommended, and changes in mandays expense. 

C. Medical Treatment: 

Report total number of aliens who required any medical treatment while in Service custody, amount paid by 

Service, and the type of medical attention received. This information will be reported for all aliens detained at 

Service and non-Service facilities. The above information shall be reported in the following format: 

Number of Aliens 

Receiving Medical 

Type of 

Treatment Amt. Treatment 

Service Non-Service Paid Received 

III. Training. 

Briefly discuss formal training programs planned or underway, omitting reference to informal discussions of 

day-to-day operations or problems. List all training during the month, using the following format: 

Title of


Course or Length of Number 

Type of Course in of Employees 

Training Date(s) Hours Officer Other 

IV. Consular Liaison. 

Briefly discuss consular activity in your area and point out any significant problems encountered in obtaining 

travel documentation. Your discussion should include the steps you have taken to improve liaison and 

resolve local problems, and suggestions for regional or Central Office participation if believed warranted. 

Note: Specify country in all discussions. 

V. Equipment and Space. 

Discuss the needs, problems, and plans for all types of equipment, office space and both Service and 

non-Service detention space. Equipment includes all types of vehicles and radio and electronic devices. 

Any improvement in existing equipment and the adaptation of equipment for new and useful purposes, should 

be mentioned. 

When reporting for the months of March and September of each year, list all equipment that is available for 

use by D&D by office, pursuant to the categories enumerated below. In reports covering other months, list 

only those changes that have occurred in the number and type of equipment. In each report, comment on 

conditions, utilization, or plans for replacement. 

A. Vehicles. 

1. Buses: 

a. Diesel - radio equipped 

not equipped 

b. Gasoline - radio equipped 

not equipped 

2. Vans - radio equipped 

not equipped 

3. Sedans - radio equipped 

not equipped 

B. Other Equipment. 

1. Transfriskers - Include number. 

2. Hand Held Radios - Include number and type available. 

3. CCTV - Include number and type available. 

4. Television Sets - Include number and type. 

5. Base Station Equipment 

VI. Staffing. 

A. List employees by position and garde level. 

B. List personnel actions occurring during the reporting month. Include appointments, reassignments, 

promotions, separations, resignations, retirements, sick or annual leave in excess of four weeks, leave 

without pay, etc. 

C. Vacancies. 

VII. Overtime Hours Worked.


A. List total number of employees and overtime hours worked by activity, e.g.: 

Conveyance - 5 persons, 50 hours 

Surveillance 

Escort 

Kitchen 

TOTAL 

- 3 persons, 35 hours 

- 2 persons, 20 hours 

- 1 person, 10 hours 

11 persons, 115 hours 

B. List officer details. (Stop-over security, meets from other offices, escorting deportees to destination, 

transporting aliens to point of departure, temporary reassignment to other duties within activity, etc.). 

VIII. Detention and Deportation Personnel on Detail to Other Activities. 

Report the total number of Detention and Deportation personnel by job title, who have been detailed to 

another activity during the reporting period. Use the following format: 

Activity Length of 

Number Detailed Detail 

Detailed Title To (hrs/days) 

IX. Detention Facility Services 

A. Religious Services: List availability and frequency by denomination (e.g., Protestant, Catholic, Jewish, 

etc.). 

B. Recreation: Indicate current recreational activities, new activities contemplated, special programs 

conducted, and include new equipment received or needed equipment requested. 

X. Incidents and Security 

A. List any incidents that may have occurred during the reporting month, i.e., injury, escape, fire, riot, 

security violations identified during shakedowns, any funds and valuables discrepancies. 

B. Shakedowns: (Dates and time conducted) 

C. Fire Drills: (Dates and time conducted) 

D. Property Envelope Review: (Date and time conducted. List number of envelopes reviewed and by whom.) 

XI. Visitors. List by name and title each official visitor to the detention and deportation activity during the 

reporting month. Give date and purpose of visit if known. 

XII. Special Matters. Set forth problems and matters of regional or Central Office interest, not covered 

elsewhere, including matters such as public relations, public services rendered, priorities, trends, needs, etc. 

INSTRUCTIONS 

1. All reports shall be prepared on Office Memorandum (Form G-2) and forwarded to the appropriate region. 

Any regional comment made as marginal notes shall be initialed by the maker. Regions shall forward CDD-34 

reports to CODDP by the 15th of each month. 

Every effort shall be taken to mail reports by the most expeditious means. 

2. It is intended that, in districts where SPC's are in close proximity to the district one report will be prepared 

for the complete operation. Where SPC's are located at a considerable distance and operations are 

significantly distinguishable from the districts, the region may request that separate reports be prepared. 

3. Omit Paragraph Number And Subject Headings When There Is Nothing To Report.


(Entire Appendix Revised TM 12/86)


OI 104 Communication with Department of State. 

OI 104.1 

OI 104.2 

OI 104.3 

Communications with Department of State 

Contacts by foreign governments 

Service center liaison with the Office 

of Fraud Prevention Programs 

OI 104.1 Communications with Department of State. 

Service offices may communicate directly with the Department of State as follows: with the Visa Office or 

Passport Office of the Bureau of Security and Consular Affairs, on non-policy matters; with the Office of 

Security, by use of Form G-325B in accordance with OI 105.4; with the Bureau of Educational and Cultural 

Affairs in accordance with OI 212.8(e) and 214.2(j) with the Agency for International Development as 

specified in OI 212.8(e) and with the Office of Refugee and Migration Affairs on Asylum matters. (Revised) 

Except as otherwise specifically provided (as, for example, with the Office of Refugee and Migration Affairs 

on asylum matters), any request to the Department of State for an advisory opinion with respect to an alien 

shall be addressed to the Director, Visa Office, Department of State, Washington, D.C. 20520. Field offices 

shall not communicate directly with the Visa Office, however, on policy matters or interpretations of law or 

regulations; questions involving such matters, shall be forwarded through appropriate channels. 

Service offices may communicate directly with embassies and consulates only for the purpose of: 

transmitting approved visa petitions, immigration or citizenship documents or, with respect to Canada or 

Mexico, waiver concurrences; requesting information in connection with a section 245 application (see OI 

105.10(b) and 245.2(d); requesting certified copies of nonimmigrant visa applications and documents 

submitted by aliens in support of such applications, for use in connection with exclusion or expulsion 

proceedings or possible prosecution for violation of 18 U.S.C 1546 in nonimmigrant fraud cases; replying to 

inquiries received directly from them. However, Service offices may communicate directly with embassies 

and consulates in all requests for Service action in overseas areas under the jurisdiction of the district office 

in Miami (see OI 103.1(c)(1)). Notwithstanding the foregoing, consideration should be given to 

communicating with offices of this Service outside the United States relative to unusual or complex cases 

which might best be resolved through liaison with embassies and consulates or otherwise (see OI 

103.1(c)(1)(i) - (viii)). In transmitting classified material outside the United States, the procedures described 

in AM 2108 shall be observed. 

When communicating with the Department of State or a consular officer by means of sheet 4 of Form 

G-325A, or by any other means, for information relating to an alien to whom a nonimmigrant visa was issued, 

it is most important that the date of visa issuance be mentioned in the Service inquiry, since consular indices 

on nonimmigrants are filed chronologically by date of visa issuance, and not alphabetically. 

Appendix E, Volume 9 - Visas, Foreign Affairs Manual, "Visa Issuing Posts - Clearance Procedures," issued 

before sending a communication to a foreign service post to assure that (1) the communication is properly 

directed to the post having jurisdiction over the alien's place of residence; (2) the post handles immigrant 

visa or nonimmigrant visa applications, and (3) the post is correctly designated as an embassy or consulate. 

ICS (INS) (see OI 287.8(b)) may communicate directly with consulates in Mexico to exchange information 

concerning fraudulent citizenship or visa documents. 

For reporting derogatory information, other than failure of an alien to maintain status or depart in accordance 

with the terms of his admission, to an American consulate or to the Director of the Visa Office, Department of 

State, see OI 287.9. 

OI 104.2 Contacts by foreign governments. 

The Department of state has advised the Service that it wishes to be advised of any contact by INS with an 

official of a foreign government on a matter other than a routine one relating to deportation documents, 

passports, etc. This notification will enable the Department of State to furnish appropriate facts concerning 

such matters to its officials and personnel at U.S. missions located in the various foreign countries, to 

enable them to deal appropriately with the situation at hand.


Information respecting any non-routine contact shall be reported immediately to the Deputy Commissioner. 

The report should include adequate identifying data, a description of the subject matter discussed, and any 

results thereof. 

OI 104.3 Service center liaison with the Office of Fraud Prevention Programs. 

The Service Center Intelligence Officer will act as a working-level contact with the Department of State's 

Office of Fraud Prevention Programs (FPP). Each director shall also designate at least one alternate liaison 

officer. The liaison officers shall have direct contact with the consular officers at FPP, who have 

country-specific and passport agency-specific assignments. The consular officers shall, in turn, have direct 

contact with the liaison officers. 

The purpose of the liaison is to foster closer ties in areas of mutual concern, and to benefit both agencies. 

The liaison would allow for the rapid exchange of information necessary to properly adjudicate cases. The 

service centers would be better able to utilize FPP as a source of anti-fraud information. The liaison would 

help determine training needs in such areas as foreign laws and documentation. In addition, such liaison 

may result in investigative products from State which would b more useful to the Service in administrative 

and legal proceedings. 

The liaison shall be restricted to fraud matters of an operational nature and shall not supplant the role of any 

other branch. Any policy matters shall be referred to Headquarters, Office of Service Center Operations 

(COSCO). 

The Service has advised FPP that the liaison duties are collateral and has asked FPP to minimize contacts 

by consolidating requests to each center to the extent possible. Center directors should advise COSCO if 

the frequency of contacts becomes excessive. Directors shall notify COSCO of any changes in liaison 

officers, alternates and/or relating telephone numbers. (TM 185)


OI 105 Communication with FBI. 

OI 105.1 

OI 105.2 

OI 105.3 

OI 105.4 

OI 105.5 

OI 105.6 

OI 105.7 

OI 105.7a 

OI 105.8 

OI 105.9 

OI 105.10 

Federal Bureau of Investigations (Blue page) 

Central Intelligence Agency (Blue page) 

Department of Defense (Blue page) 

Department of State (Blue page) 

Federal Aviation Administration (Blue page) 

Secret Service (Blue page) 

Other Agencies (Blue page) 

Department of Labor (Blue page) 

War relocation authority records 

Fingerprint cards and fingerprinting 

Agency checks of applications and petitions 

OI 105.8 War Relocation Authority Records. 

The War Relocation Authority Records of approximately 20,000 persons of Japanese race, who were moved 

in-land from the west coast area of the United States during World War II, are now filed by name in the 

National Archives in Washington, D. C., and are available for inspection by officer of this Service. It is not 

necessary to request to check of the War Relocation Authority Records in connection with every Japanese 

applicant for naturalization since the same information is contained in the records of the FBI. However, if the 

FBI records do contain derogatory information concerning Japanese applicants for naturalization, a request 

on Form G-325B may be made for a check of the War Relocation Authority Records. Even in such cases 

requests for checks of the War Relocation Authority Records shall be kept to a minimum. (Revised.) 

OI 105.9 Fingerprint cards and fingerprinting. 

(a) Cards. 

The following fingerprint cards shall be used by Service employees for the indicated purposes. 

Applicant card, Form FD-258, supplied by the FBI, shall be used to fingerprint any person 14 years of age 

or older (not under exclusion or deportation proceedings) for whom fingerprints are required in connection with 

an application for a benefit under the immigration and nationality laws administered by the Service, and aliens 

who have been lawfully admitted to the United States for permanent residence, who have not been previously 

fingerprinted. 

Applicant card, immigrant visa applicant. Only Form FD-258 bearing ORI code USDSV)))Z, furnished by 

United States consular posts shall be used in fingerprinting immigrant visa applicants. Applicants not in 

possession of the proper form shall be informed that the form may be secured from the post processing their 

visa application. 

Criminal card, Form FD-249, supplied by the FBI, shall be used, except as provided in the last sentence of 

this paragraph, to fingerprint every alien 14 years of age or older who has been (1) taken into custody 

without a warrant of arrest 8 CFR 287 or under a warrant of arrest (8 CFR 245 ) (2) served with an order to 

show cause in deportation proceedings; (3) found to have willfully violated his status as a crewman; (4) taken 

into custody for deportation as a crewman under section 252(b) of the Act; or (5) excluded from the United 

States (8 CFR 236.6). It shall also be used within this Service in checking with State or municipal police 

authorities and in furnishing fingerprints to foreign consuls. It may also be sent to RCMP if its forms are not 

available. It shall not be used in place of the applicant card. Except under unusual circumstances in an 

individual case, deportable aliens being granted voluntary departure shall not be fingerprinted when they will


depart or be removed from the United States before it would be possible to receive a "kickback" record if a 

fingerprint card were submitted to the FBI. 

AR-4, a Service form, shall be used to fingerprint nonimmigrants over 14 years of age not exempted by 8 

CFR 264.1(e) and for refingerprinting, when it is necessary, those aliens originally fingerprinted abroad by 

American consuls. Form G-155 shall be used to the maximum extent possible when communicating with such 

aliens concerning their need to be fingerprinted. 

(b) Preparation of fingerprint cards. 

When the applicant FD-258 card is used, the type of case shall be entered in the "REASON 

FINGERPRINTED" block. 

If an "FBI identification number" is shown in the relating file, enter that number in the "FBI NO. FBI" block. 

The A number of the individual fingerprinted must be placed in the "MISCELLANEOUS NO. MNU" block. 

If the office of origin is different from the address shown in the "ORI" block, enter the three letter INS 

office code in bright green in the "AKA" block next to the preprinted ORI address. This is necessary 

because the FBI will send returned information back directly to the ORI address only. 

Form FD-258 fingerprint cards must be forwarded to the FBI Identification Division with no other form 

attached. (Revised) 

(c) Fingerprinting. 

When necessary, Form FD-258 and G-325 or G-325A as appropriate, shall be attached to each application 

furnished to the public in which a check of the FBI Identification Division records is required. There shall 

also be attached an unfranked envelope 8 3/4" x 8 3/4" bearing the address of the office to which the 

applicant fingerprint card are to be returned. The unfranked envelopes shall be stamped in large block type 

"DO NOT FOLD OR BEND." Clerks of courts and others maintaining a supply of application forms for the use 

of the public should be kept supplied with applicant cards, unfranked envelopes, and Form G-325. (Revised) 

Applicants may be fingerprinted by Service employees, other law enforcement officers, Service out-reach 

centers, charitable and voluntary agencies, and other reputable persons or organizations. The fingerprint 

cards on which the prints are submitted, the ink used, and the quality and classifiability of the prints must 

meet standards prescribed by the Federal Bureau of Investigation. When the fingerprints are taken by 

Service employees, the letters "I&NS" shall be noted on the fingerprint card following the signature and title 

of the employee taking the fingerprints. When the fingerprints are taken by authorized persons outside the 

Service, the fingerprint card shall show the Service as the contributor. Whenever fingerprints are recorded 

by authorized persons outside the Service, the signature of the applicant on the fingerprint card shall be 

compared with samples of his signature in his Service file. If there are any discrepancies, the applicant shall 

be called in for questioning and refingerprinting. 

The Form I-94 in the possession of a nonimmigrant fingerprinted pursuant to 8 CFR 264.1(e) and any 

application submitted by him shall be noted "Fingerprinted - (date)." 

When a criminal card is used, the FBI abbreviation "dep proc," if appropriate, shall be inserted under 

"Charge or Offense;" telegraphic code words shall not be used. A criminal code violation shall be followed by 

an FBI standardized arrest abbreviation and inserted under "Charge or Offense;" e.g., 8 USC 1325 0 illeg. 

ent. U.S. When a field office submits a criminal card directly to the FBI or the RCMP, the address of the 

submitting office shall be inserted in the "Contributor and Address" block. 

Codes or symbols shall not be used except the alphabetical Service location code in parentheses 

following the Service file number. 

When a check of the records of the FBI International Exchange Service is desired, that fact should be 

clearly indicated on the fingerprint card together with the name of the country whose records are to be 

checked, the FBI number, if known, all known foreign addresses, and the names of the subject's parents. If 

the FBI Identification Division records contain a criminal record of the subject contributed by the specified 

foreign country within the past six months, a transcript of that record will be furnished to this Service without 

transmitting the fingerprint card to the foreign country for an additional check; therefore, if there is reason to 

believe the subject has a criminal record in that country less than six months old, the card should bear the 

statement "Fingerprint card to be transmitted to (insert name of country) regardless of what the FBI record 

shows."


(d) Disposition. 

If the final disposition was not entered on the criminal card when furnished the FBI, Form R-84 shall be 

submitted as outlined in OI 242.5. Final disposition includes adjustment of status by any means to that of a 

lawful permanent resident, termination of deportation proceedings, release as United States citizen or lawful 

resident alien, or death, as well as departure or deportation. 

OI 105.10 Agency checks of applicants and petitioners. 

(a) Use of Forms G-325, G-325A, G-325B, and G-325C. 

An applicant or petitioner shall be required to submit Form G-325, G-325A, or G-325C, as appropriate, 

when called for by the instructions for completion of an application or petition, or the relating regulations or 

OI's. 

Form G-325 shall be used to check the records of the FBI Identification Division or Records Branch, or 

both; Form G-325A to check the records of the CIA, or a consul (in adjustment of status cases), or both, in 

addition to FBI checks, and G-325B to check records of other agencies. In a naturalization case the field 

office shall complete sheet 3 of Form G-325A if a check of CIA records is desired, and Form G-325B if a 

check of the records of any other agency (except the FBI) is desired. Form G-325C shall be used for 

overseas refugee applicants as indicated in paragraph (e) of this OI. (Revised) 

If a check of agency records is deemed appropriate in connection with an application or petition in which 

such check is not normally made, the field office shall complete Form G-325, G-325A, or G-325B, as 

appropriate, and note the signature box "Prepared by INS." 

A check shall be requested only if the applicant or petitioner (or a child beneficiary in a naturalization 

case) is 14 years of age or older. A FBI identification check shall not be requested for any such person who 

is more than 79 years of age. 

If the response to a previous check of the FBI Identification Division or Records Branch is less than 15 

months old at the time adjudication of any application or petition is made, or at the time of final hearing on a 

naturalization petition, an up-to-date check shall not be made unless there is reason to believe that additional 

pertinent information is available. 

(b) Processing of Forms G-325, G-325A, and G-325B. 

Check to assure that all sheets are legible and complete. If sheet 1 prepared by an applicant or petitioner 

is so illegible as to be useless for the required purpose, the applicant or petitioner shall be called upon to 

submit a legible form; otherwise the illegible copies shall be completed by the field office. Insert any missing 

information from the data in the relating file. Such insertion shall be made on all sheets and shall appear in 

red on sheet 1. 

Stamp the following information in the INS box of sheet 2 and 3: (Revised) 

Office Code 

Type of Case 

Data 

The data shall be the date of mailing to the agency. The file shall be noted to show each type of record 

check requested and the date of the request. 

Stamps and notations on Forms G-325A, B, and C shall be made strictly in conformity with this OI. 

Sheet 1. Retain sheet 1 in the file with the application or petition. (Revised) 

Sheet 2. On sheet 2 (Rec. Br.) at the bottom of the INS box print or stamp "Prior response received 

(date)," if Form G-325 is being submitted to the FBI Records Branch within 15 months from the date of the 

last response; in addition, if the file contains any narrative reports from the FBI, insert the file number and 

date of such reports. If additional space is needed, insert "See reverse" and list the reports on the reverse. 

Mail sheet 2 to: Director, Federal Bureau of Investigation, Department of Justice, Washington, D. C. 20535, 

Attention: Records Branch.


Sheet 3. Mail sheet 3 (CIA) to: Central Intelligence Agency, Attention; Deputy Director of Operations, 

Room 2D-27HQS, Washington, D.C. 20505. (TM 2/87) 

Sheet 4. On sheet 4 (Consul), which is used in adjustment of status cases, stamp the following in the 

INS box: 

U.S. Consul: Please check records pursuant 9 FAM, Part IV, App. D, Services for I.N.S., section 8. If 

required, reply to: (full address of office of origin) (date), and cite above alien registration number. 

In any case where a complete police and security check is desired, print or type in the INS book, in lieu of 

above stamp, the following: 

U.S. Consul: Complete police and security check requested. Reply to (full address of office of origin) 

(date) and cite above alien registration number. 

In Hong Kong, Taiwan and India job-offer cases where overseas investigations are required by OI 

245.3(b), the Service office processing Form I-485 should type, stamp or print in the Other Agency Use box 

that it is a job-offer case,and that the OF 156, the G-325A and comments should be provided either to the 

District Director, Rome or if within the jurisdiction of the District Director, Bangkok, directly to the officer in 

charge of the particular office. 

Form G-325B. When Form G-325B is used to check the records of any agency other than the FBI, CIA, or 

American Consul, the INS box shall be stamped to show the full address of the office of origin, and date. 

When sending Form G-325B to the State Department passport Office, the subject's United States passport 

number, if known, should be inserted in the INS box. (Revised) 

(c) Responses from FBI and CIA. 

When the FBI or CIA furnishes a relating record, advises that one exists or may exist, or returns a 

fingerprint card with the notation "Fingerprints illegible", the material shall be stamped on the reverse by the 

field office to show date of receipt and shall be immediately sent to the operating branch for immediate 

attachment to the file. The operating branch shall also stamp the reverse to show date received. 

If no response is received to an FBI or CIA G-325 request within 40 days of the date of mailing the 

application or petition shall be processed on the assumption that the results of the request are negative. 

(Revised) 

When an expeditious response is needed from the FBI or CIA because of an unforeseen emergency or 

other circumstances indicating a sound basis for urgency, stamp in bright green ink or write with a bright 

green felt-tipped pen the word "SPECIAL" in the lower portion of the INS box. In naturalization cases 

involving servicemen on active duty, stamp or write "SERVICEMAN" in lieu of the word "SPECIAL." The 

agency response, whether negative or positive, to any Form G-325, which is so noted will be sent to the 

Service office of origin. The file shall be endorsed to show that such notation was made and the agency 

response awaited before making a decision on the case. (Revised) 

See OI 335c.6 for other circumstances under which the word "SPECIAL" is to be entered upon Form G-325 

in naturalization cases. (Revised) 

(d) Follow-up and re-check procedure. 

When a response has not been received to a Form G-325 request sent to an agency other than the FBI or 

CIA, make a machine copy of the form in the file, write "This is a follow-up on request dated____________," 

on the bottom of the copy, date the copy and send it directly to the agency. Note the file to show the date 

the follow-up was sent. (Revised) 

(e) Special procedures applicable to refugee applicants. 

Refugee applicants under Section 207 who are 14 years of age or older shall be required to submit a fully 

executed Form G-325C. It is to be processed and distributed in accordance with the instructions in this OI. 

(Revised) 

Show the full address of the office of origin on sheets 2 through 7 of Form G-325C and date in the INS 

box. Sheets 2 and 3 shall then be processed in accordance with paragraph (b) of this OI. Sheet 4 shall be 

mailed to the Director, United States Army Investigative Records Repository, ATTN: ICIRR-A, Fort Meade,


Maryland 20755, Attention: Liaison Officer, Immigration and Naturalization Service. Sheet 4 responses in 

refugee cases shall be processed in the same manner as prescribed by OI 104.10(c). No response to sheet 

4 within 40 days from date of request should be regarded as indicating no record. (Revised) 

Sheet 5, 6, or 7 shall be sent to each consulate having jurisdiction over the places of the alien's 

residence of six months or more as shown on Form G-325C and, when warranted, to State Department in 

Washington, D. C. If no response is received within 40 days from the date of the request, non-response 

shall be regarded as evidence that no derogatory information has been located and that there is no foreign 

policy objection to the alien's entry as a refugee into the United States. If the consulate has reason to 

believe that (a) a ground of ineligibility may exist, (b) derogatory information may be developed, or (c) the 

entry of the alien as a refugee may have an adverse effect on the foreign policy interests of the United 

States, the consulate will alert the originating office thereof. Upon receipt of such alert that office will not 

complete action on the alien's application until follow-up material is received from the consulate. If the 

checks are desired at more than 3 consulates the required extra sheets may be detached from additional 

sets of Form G-325C and the exact information appearing on the form submitted by the applicant shall be 

transposed to them. If a copying machine is available, the additional copies required may be made by this 

method. (Revised) 

The file shall be noted to show each type of record check requested and the date of the request. 

In all countries, except Germany, the Department of State makes the police check. In Germany, the 

applicant signs a request on a German government form for a check of the German police records. The form 

is forwarded to the Central Registry of all persons born outside Germany, which is located in Berlin. The form 

is returned to the Service office with an abstract of the record if positive, or with a stamp indicating no 

record. 

In addition, other records in the country of the alien's residence are checked in accordance with the 

specific arrangements made with the appropriate officials of the host government. 

(f) Supplemental instructions. 

With respect to any aspect of the procedures outlined in OI 105.10, which are not fully covered by this 

instruction, the instructions contained in OI 105.1 through OI 105.9 shall be followed. However, Form G-138, 

Signature Specimen Form, is not used with G-325 series forms since a block is available on those forms 

for signature in applicant's native alphabet when such is in other than Roman letters.


OI 107 Private Bills. 

OI 107.1 

Private bills 

OI 107.1 Private bills. 

(a) General. 

A Service employee shall neither recommend the introduction of, nor draft, remedial private immigration or 

nationality legislation. 

(b) Stay of deportation or voluntary departure pending introduction. 

A stay of deportation or voluntary departure shall not be authorized solely to permit the introduction of a 

private bill or in anticipation of receiving a congressional committee request for a report on such a bill. 

(c) When report requested by congressional committee. 

Upon receipt of a request from the House or Senate Judiciary Committee for a report on a private bill 

relating to an immigration or nationality matter, a teletype message will be sent to the appropriate district 

office by the Private Bill Control Unit, Central Office. A copy of this message and the bill will be mailed to the 

appropriate district investigations branch. If the beneficiary appears to be an alien in the United States, a 

stay of deportation will generally be authorized. 

If a private immigration bill received adverse action at any time and subsequently a new bill was 

introduced for the same purpose in the House or Senate, a request for a report from the Committee in which 

the new bill is pending will not be honored by the Service unless the adverse action on the earlier bill is 

reconsidered. A letter to this effect will be sent concerning the new bill, indicating therein that the previous 

adverse action was reconsidered. When a field office finds in any case that adverse action had been taken 

on a private bill, and a teletype message concerning a new bill is received without mentioning reconsideration 

of the adversed bill, the Private Bill Control Unit should be contacted. 

(d) When report not requested by congressional committee. 

If a private immigration bill has been introduced for an alien who appears to be in the United States in 

other than a lawful immigrant status, but a request for a report from the House or Senate Judiciary Committee 

is not received within a reasonable period of time by the Private Bill Control Unit, the appropriate district 

office will be notified and furnished a copy of the bill; in such a case, an investigative report for Congress 

shall not be prepared nor should deportation be stayed because of the bill's introduction. 

(e) Effect of introduction. 

The introduction of a private bill seeking to adjust the status of an alien nonimmigrant in the United States 

to that of a lawful permanent resident shall be regarded as prima facie evidence of termination of his lawful 

nonimmigrant status, if not otherwise previously terminated. Deportation proceedings already commenced 

shall be carried forward to a final determination. If deportation proceedings have not already been instituted 

and the beneficiary was in lawful status as a B, C, D, or H nonimmigrant when the private bill was introduced, 

and either Judiciary Committee has requested a report on the bill, Form I-177, in duplicate, shall be sent to 

him by registered mail with return receipt requested or handed to him personally, if convenient; should the 

beneficiary fail, within thirty days from the date the form is received, to depart or to advise the Service that 

he does not desire to have his status adjusted through private legislation, an order to show cause shall be 

issued and deportation proceedings carried forward to a final determination. If the beneficiary advises the 

Service that he does not desire to have his status adjusted through private legislation, the regular 

investigation and a report to the appropriate committee in letter form for the Commissioner's signature shall 

be forwarded immediately to the Private Bill Control Unit setting forth the details and reasons for the 

beneficiary's action. If a report on the bill is not requested, Form I-177A, in duplicate, shall be sent to him by 

registered mail with return receipt requested or handed to him personally, if convenient, and no report 

prepared. 

If the beneficiary was maintaining status under section 101(a)(15)(A) or (G), or as a treaty trader under 

the Immigration Act, of 1924, as amended, when the private bill was introduced, the alien may be considered


to have voluntary departure for the period the alien remains in that status; in such a case Form I-177 shall 

not be sent to the alien. If deportation proceedings have not already been instituted, but the beneficiary had 

terminated status as a lawful nonimmigrant when the private bill was introduced, an order to show cause shall 

be issued and deportation proceedings carried forward to a final determination upon the expiration of any 

outstanding voluntary departure time. (Revised) 

If the beneficiary was maintaining status under section 101(a)(15)(E) (F), (I), (J), or (M), Form I-177 shall 

not be sent to the alien and deportation proceedings shall not be instituted. Any such alien's application for 

extension of stay shall be denied unless the alien overcomes the presumption of termination of status raised 

by the bill's introduction. However, voluntary departure shall be granted in increments of one year, 

conditioned upon the alien's otherwise completely maintaining nonimmigrant status or upon abiding by the 

terms and conditions of the alien's exchange program. Generally, an exchange alien shall not be granted 

voluntary departure beyond the limits set forth in 22CFR 63.23; also, see OI 242.10(b). Should the 

beneficiary fail to apply for additional voluntary departure time before the expiration of the last extension, the 

alien shall be interviewed, and, providing the alien is otherwise maintaining status, shall be granted voluntary 

departure under similar conditions. Other aliens of these classes who have already been placed under 

deportation proceedings solely because of the bill's introduction shall be granted extensions of voluntary 

departure or stays of deportation under like conditions. (Revised) 

Deportation proceedings shall not be instituted or reactivated in any case involving appealing 

humanitarian factors (see OI 103.1(a)(1)(ii)). 

(f) Action by field office. 

(1) Investigations Branch. The mail copy of the teletype message shall be forwarded without index or file 

check directly to the Investigations Branch. If the Investigations Branch receives this copy of the 

teletype message before it receives the original, that branch will commence its action on the basis of 

that copy. When the Investigations Branch ascertains that the investigations "control office" function in 

relation to the private bill investigation is to be performed by any office other than the office to which the 

teletype message was addressed, the latter office shall transfer that function and send a copy of its 

teletype message or Form G-166 report to the Private Bill Control Unit. The private bill report shall be 

prepared and forwarded in accordance with outstanding investigations instructions. 

In any private bill case involving citizenship or naturalization matters, the case is to be submitted to the 

Citizenship Section for determination as to whether the bill would accomplish the purpose for which it is 

intended. suggestions for any change it appears desirable to make in the bill in order to accomplish its 

intended purpose, where necessary, are to be included in the transmittal letter of the private bill report. 

When a private bill which was introduced in successive Congresses for the same purpose is again 

reintroduced in the present one and a full report was made to the same branch of any preceding 

congress, additional material information obtained from review of the file, new national agency checks, or 

interview of the beneficiary shall be furnished in a supplemental letter. If additional material information 

is not developed, a memorandum to that effect shall be addressed directly to the Private Bill Control 

Unit, stating the date of each of the new agency-check responses. When the previous full report was 

made to a different branch or to a previous Congress and thereafter the bill was not re-introduced in any 

succeeding Congress until the present one (i.e., a bill introduced in the 89th Congress or earlier was first 

reintroduced in the 91st), a new, complete report shall be submitted. 

If a reintroduced bill is for a different purpose than one in the preceding Congress, a new, complete 

report shall be submitted. 

(2) Deportation Branch. 

(i) Initial departure date. When a report has been requested by a congressional committee and a 

stay has been authorized by the Central Office, the date set for deportation or voluntary departure 

under a final order shall be February 1 of the next odd-numbered year. Thus, a bill introduced in the 

First or Second Session of a Congress would be authorized a stay to February 1 of the First Session 

of the next Congress. 

(ii) Summary deportation. The grant of a lesser period of time than that specified in subdivision (i) or 

the execution of the order of deportation when the beneficiary's continued presence here would be 

contrary to the best interests of the United states is not precluded, since deportation may be 

effected notwithstanding the private bill; if the case falls in this category, the district director shall 

on the cover sheet note a summary of the facts, including Service ability to promptly effect 

departure, together with his recommendation, and forward the private bill report and the entire file to


the regional office. If the regional office concurs, it shall include its comments on the cover sheet 

and forward the entire file to the Private Bill Control Unit, Central Office. After consulting with the 

committee and author of the bill, the Private Bill Control Unit will notify the appropriate district and 

regional offices of the decision and return the file. The foregoing procedure shall be followed at any 

time information is received which, in the opinion of the district director, warrants summary 

deportation. 

(iii) Non-reintroduced bills. If on February 2 of a new congress notification of the Private Bill Control 

Unit, prompt steps shall be taken to require the deportable former bill beneficiary's departure from 

the United States; however, the district director's discretionary authority to stay deportation or 

extend departure time may be exercised. The Private Bill Control Unit shall be advised of any stay 

or extension of departure time and of the closing action. 

(iv) Adverse disposition. When adverse action has been taken on a private bill which was 

introduced to adjust the immigration status of an alien who is in the United States, the Private Bill 

Control Unit will notify the appropriate district and regional offices and will usually direct that 

departure be effected by a specified date. Although every effort should be made to complete the 

action within the time specified, the district director's discretionary authority to stay deportation or 

extend departure time may be exercised. The Private Bill Control Unit shall be advised of any stay 

or extension of departure time and of the closing action. 

(v) Notification of non-reintroduced bill or adverse disposition. The alien and his attorney or other 

recognized representative shall be notified by letter when Congress has failed to approve, or has 

taken adverse action, on the private bill. If the alien is in a voluntary departure status the letter 

should read substantially as shown below; the language in the first sentence will depend upon 

whether the 1961 and 1969 edition of Form G-386 was used when the alien was informed of the 

introduction of the bill: 

You were previously notified that a private bill in your behalf was introduced in Congress and (you 

would be permitted to remain in the United States until February 1, 1969, or 30 days following 

adverse action on the bill, whichever occurred sooner) (you were granted an extension of time to 

depart voluntarily to February 1, 1969, or until adverse action was taken on the bill, whichever 

occurred sooner). You are now advised that (the 90th Congress adjourned without having approved 

the bill) (Congress has taken adverse action on the bill). 

In view of the above, you are being granted until (date) to depart voluntarily from the United States. 

You must notify this office, Room No.___, at least 7 days prior to the date of your departure of the 

arrangements you have made to depart, giving the date, place, and means of departure. 

Failure to depart on or before the specified date will result in action being taken to effect your 

deportation. 

If the deport part of an alternate order has taken effect, or a straight deportation order was issued, 

the wording of the letter should be similar to the following: 

You were previously notified that a private bill in your behalf was introduced in Congress and (you 

would be permitted to remain in the United States until February 1, 1969, or 30 days following 

adverse action on the bill, whichever occurred sooner) (you were granted a stay of deportation until 

February 1`, 1969, or until adverse action was taken on the bill, whichever occurred sooner). You 

are now advised that (the 90th Congress adjourned without having approved the bill) (Congress has 

taken adverse action on the bill). 

As an order to deport you from the United States is still outstanding in your case, arrangements are 

being made for your deportation on or about (date). You should arrange your affairs accordingly. 

You will be informed at a later date as to the exact date and time to surrender to this Service for 

deportation. 

The wording of the letter may be altered to meet local conditions or individual circumstances of a 

case. The date set for voluntary departure or deportation should be 30 days from that of the letter 

in cases where the 1961 edition of Form G-386 was used, a reasonable lesser or greater period for 

voluntary departure or deportation may be set, depending upon the facts in the individual case. 

(g) Supplemental private bill report. 

If, following the submission of the private bill report any material information is received or any material


action is taken with respect to the beneficiary which might favorably or unfavorably affect the committee's 

consideration of the bill, the section in control of the file shall promptly transfer it to the Investigation Branch 

for the preparation of a supplemental report. When the information indicates that administrative relief is 

available or has been granted, or when the information is particularly adverse, the Private Bill Control Unit 

shall be notified immediately so that is can advise the committee informally and request that action be 

deferred pending transmittal of the supplemental report. 

In order to ensure that supplemental information is submitted timely, the investigations Branch shall 

maintain a call-up system to coincide with any pending action, i.e. hearing dates, anticipated adjudication 

completion dates, and visa availability dates and, at a minimum, the case shall be called-up and reviewed 

every six months. (added) 

(h) Notification of congressional action. 

(1) Passage of one branch of Congress. Upon the passage of a private bill in the first branch of 

Congress, the Private Bill Control Unit will send a copy of the act and the committee report to the 

appropriate district office. All procedures in progress shall continue since the bill may still not be 

enacted. 

(2) Enactment of private law. Upon the approval of a private bill by the President and receipt by the 

Private Bill Control Unit of copies of the private law affective the immigration or nationality status of an 

individual, that unit will notify the appropriate district office of enactment. Thereafter, the appropriate 

field office shall, when the private law directs that permanent resident status be granted an alien 

beneficiary who is in the United States upon payment of the required visa fee, collect $150 and forward it 

to the Director, Office of Finance, Department of State, Washington, DC 20520; the letter of transmittal 

should refer to the private law number. Upon receipt of the fee, the field office shall prepare a Form 

I-181 which shall be placed in the Service file relating to the alien. Form I-357 shall be delivered to every 

alien who has been accorded permanent resident status. The date of delivery of Form I-357 shall be 

entered in the designated space on the record copy of Form I-181. If the private law directs a numerical 

reduction, a copy of Form I-181 shall be forwarded to the Director, Visa Office, Attention: 

Visa Control Office. If the alien is a nonimmigrant subject to central office control, the procedure in AM 

2790 shall be followed. Form I-551 shall then be delivered to the alien. 

Whenever the private law directs that permanent resident status be granted to an alien beneficiary who 

is in the United States, the employee who executes the Form I-181 in accordance with the above 

paragraph shall refer any person who requests a social security card, after such adjustment, to the 

nearest Social Security Office. 

If the private law directs that permanent resident status be granted to an alien beneficiary who is in the 

United States and a visa fee is not required, the same record procedure shall be followed as in the case 

requiring a visa fee. 

When the private law directs that an alien beneficiary be granted immediate relative or preference status 

for the purpose of procuring an immigrant visa, the field office shall send Form G-388 to the appropriate 

interested party; if a visa petition is required, but has not been filed, the interested party should be 

notified of the necessity for filing such a petition. If a public charge bond is required, the appropriate 

party, if in the United States, should be advised of the requirement and upon acceptance of a bond, the 

Director, Visa Office, Department of State, should be informed that the bond has been deposited. 

If the private law directs that the pending deportation proceedings shall be terminated, the fi office shall 

notify the beneficiary that such proceedings have been terminated by reason of the enactment of the 

private law. When the private law grants some other benefit or waiver under the immigration or 

nationality laws, the field office shall notify the beneficiary or interested party thereof and offer 

appropriate advice and assistance. 

The Service shall not institute subsequent exclusion or deportation proceedings against an alien 

beneficiary of a private law which granted him the status of a permanent resident or which terminated 

deportation proceedings in his case on grounds based solely on facts contained in the Judiciary 

Committees' reports on the bill.


OI 202 Visa number chargeability. 

OI 202.1 

Visa number chargeability 

OI 202.1 Visa Number chargeability. 

(a) General. 

The lists contained in the Foreign Affairs Manual Notes to 22 CFR 42.50 shall be used to determine 

whether a country is an independent foreign state or a dependent area for the purposes of visa number 

chargeability. (TM 8/84) 

(b) Doubtful determinations. 

The foreign state charge for an alien born in Jerusalem, or in any other doubtful area of chargeability, 

shall be determined by the Advisory Opinions Branch of the Visa Office (see OI 245.4(a)(3)). 

(c) Children and spouses of returning resident aliens. 

Any alien child or spouse may be charged to the same visa allocation to which his/her "accompanying" 

returning resident alien parent or spouse was originally charged provided: (1) all the conditions of section 

202(b)(1) and (2) of the Act are met; (2) the alien child or spouse is accompanied by his/her parent or 

spouse; and (3) the parent or spouse is eligible to be readmitted as a returning resident alien. 

The term "accompanying" applies to an alien child or spouse of a lawfully admitted permanent resident 

alien regardless of the length of the alien's permanent residence, provided that all other conditions of section 

202(b)(1) or (2) of the Act are met. (TM 8/84)


OI 204 Petition to classify alien as immediate relative of a United States citizen 

or as a preference immigrant. 

OI 204.1 

OI 204.2 

OI 204.3 

OI 204.4 

OI 204.5 

OI 204.6 

OI 204.7 

OI 204.8 

OI 204.9 

Processing 

Petitions for relative (other than orphans) 

Child defined in section 101(b)(1)(F) 

Third and sixth preference petition 

Approved petition 

Inadmissibility 

Possible loss of United States citizenship 

Waiver of section 243(g) sanctions 

Pub. L. 97-359 Amerasian 

App.to OI204.4(d) 

Credentials evaluating services 

OI 204.1 Processing 

(a) General. 

When an approvable relative petition is personally presented abroad, it may be adjudicated regardless of 

the place of residence of the petitioner. The officer shall forward Form I-130A to the appropriate Files Control 

Office. 

Immigration officers shall expedite I-130 relative visa petitions on behalf of detained aliens or refugees. 

The officer shall write "Detained Aline" or "Refugee" in the remarks block of the I-130. (Revised) 

Under no circumstances shall a Service employee suggest or indicate to a petitioner in the United States 

that he depart from the United States and file his petition with a foreign office of the Service or at an 

American consular post solely for the purpose of obtaining prompt action on his petition. 

(b) Check of Service records. 

A visa petition shall not be approved or revalidated until the name of the principal beneficiary, and the 

names of any spouse and children who may derive preference status through their relationship to him, have 

been checked against the Service Lookout Book. If such check or other information reveals the existence 

of relating files, they shall be obtained and considered before making a determination upon the visa petition. 

However, the Service Lookout Book does not need to be checked with respect to any beneficiary who is 

under 14 years of age or whose relating "A" file has been reviewed; or with respect to beneficiaries of a 

nonimmigrant visa petition whose names are unavailable at the time of adjudication. If it is necessary, 

pursuant to this OI, to check the names of either the principal or derivative beneficiaries against the Service 

Lookout Book, the names of all the beneficiaries who are 14 years of age or older shall be checked. 

A check of Central Office records may also be made with respect to the petitioner or beneficiary, but only 

when it is believed such a check would produce pertinent information. 

When a Central Office record check is requested, Form G-180 shall be forwarded to the Central Office. To 

facilitate attachment of the returned Form G-180 to the relating petition, there shall be noted in the "alias" 

block on each form prepared "VP-beneficiary" or "VP-petitioner," as appropriate; on Form G-180 prepared for 

a beneficiary without a file, insert under "Remarks" the word "Petitioner" and show his name. If it will be 

helpful to the adjudicating office, the form number of the petition may also be inserted under "Remarks". 

After the Service Lookout Book has been checked, a stamp bearing the legend "SLB-CHECKED" shall be


placed above the "date filed" box on the petition, and initialed by the adjudicator. If a Central Office record 

check was made, a stamp bearing the legend "SLB-COREC CHECKED" shall be placed on the petition 

instead, and initialed by the adjudicator; any Form G-180 returned with notations showing "no record"or "no 

file exists" shall then be destroyed. 

Any further action which may be required, short of approval of the petition, shall not be delayed while the 

Central Office reply to Form G-180 is being awaited. 

(c) Disposition of approved petitions. 

If an approved petition indicates the beneficiary will apply for adjustment under section 245 INA and he or 

she is not clearly ineligible to immediately adjust, it should be kept on file by the Service, and the approval 

notice should indicate that the adjustment application should be filed immediately. In all other cases the 

petition should be sent to the American Consulate selected by the petitioner on the petition. If a consulate 

was not designated on the petition, it should be sent to the consulate with jurisdiction over the beneficiary's 

last residence as indicated on the petition. 

(d) Additional procedures where a beneficiary is in the United States. 

(i) General. Where it is apparent that a beneficiary is in the United States, is out of status and is not 

already under docket control, consideration should be given to issuing an Order to Show Cause under 8 

CFR 242. 

(ii) Petitions filed prior to January 1, 1988 and alien met the requirements of the Stateside Criteria 

Program on the riling date of the petition. For those cases in which the petitioner has requested that 

the approved petition be forwarded to a visa-issuing post in Canada, the following notation shall be 

placed in the "REMARKS" block of the petition: 

From the information immediately available, this beneficiary appears to be ineligible for adjustment of 

status benefits and in all likelihood will be permitted to remain in the United States pending the issuance of a 

visa. 

State Department will take notice that such notations are made provisionally and based solely on the 

information available at adjudication. It is understood that these notations are not binding and that 

subsequent developments could change the Service's position. 

OI 204.2 Petitions for relative (other than orphans). 

(a) Evidence of relationship. 

Appendix B, Volume 9 - Visas, Foreign Affairs Manual, "Availability of Civil Documents or Records 

Required by Section 222(b) of the Immigration and Nationality Act," issued by the Department of State, shall 

be used to determine the availability of documents in foreign countries. If documents are unavailable or if 

the petitioner submits evidence indicating that he has been unsuccessful in his efforts to obtain documents 

from a country in which such documents are apparently available, available, he may submit secondary 

evidence in the form of church, school, or legal records, records of judicial proceedings, or other 

documentary evidence. 

The American Embassy in Moscow can only obtain Russian documents pertaining directly to an American 

citizen; documents relating to his parents or other relatives are not obtainable. An American citizen should 

be informed that correspondence addressed to the Soviet Embassy in Washington results in undesirable 

complications, including an investigation by the embassy into the manner of acquisition of United States 

citizenship and an attempt to evaluate that condition under Soviet law. 

The People's Courts (notary offices) at the district or city level in the People's Republic of China are 

prepared to issue civil documents attesting to such matters as birth, marriage, and family relationship. 

These documents may be applied for by persons residing in China on behalf of friends or relatives elsewhere. 

Persons outside China may not write directly to the district court. In cases where an applicant has no friend 

or relative whatever living in China, the request may be submitted through the Embassy of the people's 

Republic of China, Washington, DC, for forwarding to the appropriate notary office. The fee is Yuan 5 

(approximately U.S. $2.50). (REVISED) 

If deemed appropriate, petitioners may be requested to submit such documents as evidence in support of 

the claimed relationship and should be advised of the above procedure to be followed. Considerable weight 

shall be given such documents if appropriately issued and authenticated.


The People's Courts of the People's Republic of China, however, will not issue civil documents for the U.S. 

Visa applicant resident in China unless the applicant has first been approved for exit by the Public Security 

Bureau. The Bureau frequently requires the production of evidence that the applicant has qualified for 

immigration to the United States, E.G. through an approved visa petition. Therefore, reasonable secondary 

evidence may be accepted in adjudicating those relative petitions where exit permission has not been issued 

and that evidence shall be attached to any petition approved. In such cases petitioners should be informed 

that relevant civil documentation from the People's Courts will be required from the beneficiaries by the U.S. 

consular officer before visa issuance. 

Military, police, and prison records are not available from the People's Republic of China. Prudent 

judgment should be exercised in requesting documents from the People's Republic of China and trustworthy 

secondary evidence when more easily obtainable should be accepted in appropriate cases (e.g. household 

registers issued by Taiwan.) 

When a decision is made on a petition for a relative, all supporting documents shall be attached and made 

a permanent part of the petition. If acceptable and properly certified copies are available, the copies shall be 

so attached to the petition and the originals thereof, if any, returned to the petitioner. 

(b) Lawful entries. 

For acceptable evidence of lawful permanent admission see 8 CFR 103.2. For verification of arrival see 

AM 2770. 

(c) United States citizenship of petitioner. 

When a Service employee has verified the petitioner's status, the notation "proof seen" will be placed 

beside the citizenship information on the petition and initialed. If a naturalization or citizenship certificate is 

presented in person, it shall be handed back to the petitioner. If a certificate has been mailed in with the 

certificate attached it shall be certified by the first employee reviewing the application. The certificate shall 

then sent directly back to the petitioner by certified or registered mail. (Revised) 

Form G-347 should be used to obtain the naturalization file of any petitioner who is unable to furnish his 

certificate number and date and place of naturalization or where there is reason to suspect that the petitioner 

may have been expatiated. 

(c-1) Lawful residence status of petitioner. 

When a Service employee has verified the aline's status, notation "I-151 or I-551 seen" or "file seen" shall 

be placed beside the petitioner's A number. 

(d) Service records. 

(1) relative petitions. When a petition is filed in behalf of a wife, son, daughter (regardless of age or 

marital status), parent, brother, or sister without primary or secondary documentary evidence to 

establish status and relationship because it is unavailable, information shall be obtained from the 

petitioner as to the date and port of each of his entries into the United States. The files control office 

having jurisdiction over the port of entry shall be requested to examine its files relating to the petitioner 

and make a report as to each entry of the petitioner containing status under which admitted, nationality, 

marital status, name of spouse, date and place of birth of each child. 

Records showing acceptance in a Service proceeding of a previous claim of United States citizenship 

may serve as evidence of nationality; similarly, Service records showing acceptance of a previous claim 

regarding marital status, spouse, date and place of marriage, and date and place of birth of children may 

serve as the relationship claimed in the petition. 

An interview is unnecessary unless there is conflicting or ambiguous data in Service records, not 

previously resolved, with regard to the facts bearing on nationality or relationship. If the petitioner, in 

previous dealings with the Service in which he furnished information concerning his family composition, 

failed to mention the beneficiary which differs materially from the information now furnished in the 

petition, he shall be questioned closely concerning such discrepancies. 

When approval is based on other than the primary or secondary evidence indicated in OI 204.2(a) there 

shall be attached to the petition forwarded to the consul, a copy of the report received from each port of 

entry, a passport-type photograph of the petitioner, and the originals or copies of the supporting


evidence of relationship which may consist of affidavits, letters, photographs, remittances, and similar 

documents. This material shall be transmitted by a covering memorandum. Pertinent facts elicited in 

any interview, a brief explanation shall be included in the memorandum, (e.g., an interview was 

unnecessary because there was no ambiguous or conflicting data in this case). 

Blue Page OI 204.2(d)(2) 

(e) Blood tests. 

Blood tests shall be required only when the results thereof would be helpful in resolving the issue of 

relationship if the primary or secondary evidence is considered inadequate to establish the existence of a 

claimed blood relationship. Form G-620 shall be used for requesting the blood test and recording the results. 

Since blood tests are not conclusive to preclude the possibility of establishing relationship between siblings 

unless a blood test is also taken of at least one of the common parents, a fifth-preference petition shall not 

be approved on condition that blood test reports are satisfactory unless at least one of the common parents 

of the petitioner and beneficiary has been or will be blood tested. 

Blood tests are not available for persons residing in the USSR and Mainland China (Peoples Republic of 

China) and should not be required for such persons. 

When a visa petition is approved on condition that blood tests show that the claimed relationship is 

compatible, the visa petition and notice of approval on Form I-171 shall be endorsed to reflect that the 

approval is conditional and shall state the names and addresses of the persons who are to be blood tested. 

A copy of Form G-620 containing the grouping of the persons whose blood was tested in the United States 

shall be attached to the petition. 

The results of the blood tests, or a copy thereof, will be affixed to the petition by the consular officer and 

included in the sealed envelope of documents attached to the issued visa. This will eliminate the necessity 

of subsequent testing of individuals issued visas on the basis of approved petitions conditioned on 

compatible blood-grouping tests when they subsequently file petitions which go to consulates other than 

those where the original blood tests were made. 

OI 204.3 Child defined in section 101(b) (1) (F). 

(a) Processing. 

When an orphan petition, Form I-600, is received, an "A" file should be opened and the petition processed 

in accordance with AM 2761, 2793.13, and 2793.17. If the petition is filed at a stateside office in a case 

involving travel of the unmarried petitioner or the married petitioner or spouse or both to a country with an 

overseas Service Office, at the petitioner's request, the "A" file may be forwarded to the overseas office for 

completion of the processing. (TM 8/84) 

(b) Adjudication. 

(1) Agency checks. In orphan petition cases, the only agency checks required are the fingerprint 

checks of the petitioner and spouse, if married. In order to do a fingerprint check in an orphan case, 

Form FD-258 must be forwarded to the FBI Identification Division without any other form attached. The 

notation "ORPHAN" must be written with a bright green felt-tipped pen or stamped with a bright green 

stamp in the space for reason fingerprinted on Form FD-258. The ORI number on Form FD-258 must 

relate to the Service office of origin. Where Forms FD-258 with ORI number relating to the office of origin 

cannot be obtained, the three letter code should be written with a bright green felt-tipped pen or stamped 

with a bright green stamp in the space for miscellaneous number on Form FD-258. (TM 8/84) 

Form FD-258 will be returned to the office of origen. The FBI will indicate directly on that form if there is 

no arrest record. If there is an arrest record, the FBI will attach a copy of the record directly to the 

form. 

The reply from the FBI must be awaited before making a decision in an orphan case. If the first set of 

fingerprints of a petitioner or spouse, if married, is illegible, a second set of fingerprints must be 

processed. In order to avoid unnecessary delays, however, the second set of fingerprints should be 

processed on a post-audit basis provided that the name check is negative. 

(2) Investigation. A stateside investigation will not be conducted unless necessary toresolve a serious 

conflict which cannot be settled through a personal interview with the petitioner and spouse, if married,


or by consultation with the agency which has recommended the home study. 

(3) Financial capability. 8 CFR 204.2(d)(2) requires that a valid home study contain a factual evaluation 

of the financial capabilities of the prospective or adoptive parent or parents to rear and educate the 

child. 8 CFR 204.2(d)(1) no longer requires submission of evidence of financial capability. Examiners 

should therefore scrutinize all home studies to determine whether, in each case, the petitioner's financial 

ability in support and rear the child has been considered. 

(4) Home study. 

(i) Deficient home study. Where a home study contains insufficient information or does not meet the 

criteria of a valid home study in any other manner, the petitioner should be advised to point out the 

deficiencies to the recommending agency. Should the agency fail or refuse to take corrective action 

to amend the home study to meet the criteria as published in the regulations, the petition should be 

returned to the petitioner with a description of the deficiencies and a request that the petition be 

resubmitted with a valid home study as required by 8 CFR 204.2(d)(1). The deficient home study 

should be retained in the file. If the petition is resubmitted without a valid home study as required, 

the petition should be denied, and the pertinent section of the regulations should be cited. 

(ii) New recommendation after adverse information is developed. When derogatory information about 

the adoptive or prospective parent(s) is developed which is not reflected in the home study, the 

petitioner must be requested to submit a statement from an official of the agency which originally 

recommended the adoption or proposed adoption: 

(A) indicating that he or she is aware of the details of the derogatory information; 

(B) giving a new evaluation of the adoptive or prospective adoptive parent(s) capabilities to rear 

and educate the child properly in light of the derogatory information; and 

(C) giving a new recommendation regarding the adoption or proposed adoption. 

(iii) Home study from unlicensed or foreign agency. A responsible state agency or licensed agency 

can accept a home study made by an unlicensed or foreign agency and use that home study as a 

basis for a favorable recommendation in order to meet the requirements of 8 CFR 204.2(d)(2). 

(5) Child adopted in Germany of provisionally adopted in the United Kingdom. 

(i) Natural parent divested of rights. When a child has been provisionally adopted in the United 

Kingdom (including the Channel Islands and the Isle of the Man) or has actually been adopted in 

Germany, the laws of those countries divest the natural parent of any rights or obligations with 

respect to the child. Accordingly, there may be difficulty in learning the identity or location of the 

sole or surviving parent. 

(ii) No release or determination regarding sole or surviving parent. A Form I-600 Petition on behalf of 

a child provisionally adopted in the United Kingdom or actually adopted in Germany may be 

approved, if otherwise approvable, without a determination that the sole or surviving parent is unable 

to care for the child properly when the Service is unable to ascertain that parent's identity or 

whereabouts; also, the requirements for the written release for the child's emigration and adoption 

may be waived when the Service is satisfied that the petitioner is unable to identify or locate the 

parent in order to obtain it. 

(iii) Memorandum for file. A memorandum should be placed in the file explaining the reason for 

approval of a petition in behalf of a child adopted in Germany or provisionally adopted in the United 

Kingdom when it is approved without a determination of the sole or surviving parent's inability to care 

for the child properly or without that parent's irrevocable written release for the child's emigration and 

adoption. 

(6) Bolivian child. 

(i) Requirement for removing a child from Bolivia. The Department of State has advised that, in 

order for a foreign prospective adoptive parent lawfully to remove a Bolivian child from Bolivia for 

purposes of adoption, the person(s) seeking to remove the child must first obtain a decree of 

adoption, arrogation (which applies principally in the case of orphans), or guardianship (tutela) from 

the Bolivian Court of Family Justice (Juez de Familia.) An award of temporary custody (tenencia) 

from the juvenile court (Tribunal Tutelar de Monores) is not legally sufficient under Bolivian law to


permit removal of the child. Failure to observe the proper procedures could not only frustrate the 

intended adoption but could also cause added delays and expense and subject the prospective 

parent(s) to civil or administrative sanctions in Bolivia. 

(ii) Actions required of adjudicating officers. Officers adjudicating orphan petitions in behalf of 

Bolivian children coming to the United States for adoption must: 

(A) notify the petitioners and spouses, if married, while the petitions are being processed, that 

they have to follow the correct legal procedures for removing the children from Bolivia in order 

for the children to obtain immigrant visas after approval of the orphan petitions. 

(B) notify the petitioners that only submission of proof of custody (i.e., a decree of adoption, 

arrogation, or tutela) awarded by the Family Court of Justice (Juez de Familia) will permit 

issuance of immigrant visas in Bolivian orphan petition cases. 

(C) add the following wording to approval notices in all Bolivian cases which are approved: 

The Department of State has advised that in order for a prospective adoptive parent to obtain 

the necessary legal documentation to take a Bolivia for adoption in another country, the 

prospective adoptive parent must be awarded custody of the child (i.e., a decree of adoption, 

arrogation, or tutela) by the Family Court of Justice (Juez de Familia). An award of temporary 

custody (i.e, tenecia) by the juvenile court (Tribunal Tutelar de Monores) is not sufficient to 

permit removing a child legally from Bolivia. 

(D) prepares memoranda for files that the actions described in items A, B, and C above have 

been taken. 

(7) Preadoption requirements. The preadoption requirements vary from state to state. Evidence of 

compliance with the preadoption requirements, if any, of the state of the child's proposed residence is 

not always available at the time of filing a petition. It therefore does not necessarily have to be 

submitted initially with a petition for a child coming to the United States for adoption. That evidence, 

however, must be submitted prior to approval of the petition. 

(8) Adoption decree. If an orphan is adopted abroad by a married United States citizen petitioner, the 

adoption decree must show that the adoption was by husband and wife jointly. If an orphan is adopted 

abroad by a unmarried United States citizen petitioner, the decree must show that he or she was at least 

twenty-five years of age at the time of adoption. 

(9) Disposition of approved petition and documents. 

(i) Documents forwarded overseas. If the petition is approved, it should be forwarded to the 

designated American consul with: 

(A) All documentary evidence relating to the orphan including the irrevocable release, if 

applicable; 

(B) the adoption decree or preadoption certificate, if any; and 

(C) a Form I-604 request to conduct the necessary overseas orphan investigation in accordance 

with O.I. 204.3(c) 

(ii) Documents retained in file. The home study and Service investigative report; if any, should be 

retained in the "A" file. If the supporting evidence relating to citizenship and material status is in the 

form of copies of documents which have been certified by an attorney to be true and complete 

copies of the originals, the copies should be retained in the "A" file. Original documents relating to 

citizenship and marital status should be returned to the petitioner. 

(10) Notification of decision to agency. The interested voluntary or responsible state agency, if any, 

should be informed of the decision. 

(11) Cable notification to Seoul, Korea. When cable notification of the approval of an I-600 petition is 

sent to the American Embassy in Seoul, Korea, the name and address of the interested agency in Korea 

should be included. 

(c) Overseas investigation.


(1) General. After receipt of the approved petition, the American consul will conduct an overseas 

investigation during the processing of the visa application. The purpose of the investigation is to confirm 

that the child is an orphan and has no significant affliction or disability not set forth in the petition. Form 

I-604 should be used to request the consul to conduct the investigation. It should be forwarded directly 

to him/her in the manner prescribed in AM 2793.13. The approved petition and relating document should 

be attached to Form I-604. If the consul develops no adverse information, he/she will proceed with the 

processing of the visa application. 

(2) When adverse information is developed. 

(i) Return of petition to office of origin. If adverse information is developed, the consul will suspend 

action on the visa application and return the petition with the completed Form I-604 to the Service 

office of origin. 

(ii) Adverse information relating to orphanage. If a Service office receives a report of adverse 

information relating to orphanage and the district director believes that the child is not an orphan as 

defined in section 101(b)(1)(F) of the Act, the petitioner and spouse, if married, should be so notified 

at an interview. The petitioner should be given the choice of withdrawing the petition or having a 

determination of orphanage made in formal revocation proceedings. The consul should be notified 

by memorandum of the final action. The petition and Form I-604 should be attached to the 

memorandum for return to the consul only if the action taken is favorable to the petitioner. 

(iii) Adverse information relating to affliction or disability. If the adverse information relates to an 

affliction or disability, the pertinent details should be furnished to the petitioner and spouse, if 

married, at an interview. Should they elect to proceed with the petition, the information concerning 

the affliction or disability should be incorporated at the bottom of page 1 of Form I-600 and initialed 

by the petitioner and spouse, if married. The consul should be notified by memorandum of the final 

action. The petition and Form I-604 should be attached to the memorandum for return to the consul 

only if the petitioner and spouse, if married, elect to proceed with the petition. 

(d) Child in the United States. 

When a Form I-600 is filed in behalf of a child who is in the United States, either illegally or as a 

nonimmigrant, or who is in parole status but has already been adopted, or who is in parole status but has 

already been adopted in the United States, the petition should be rejected. The petitioner should be advised 

of the action taken. The Form I-600 should be forwarded to the regional commissioner with a request for 

refund of the filing fee on a Form G-266 bearing the notation "I-600 should not have been accepted per 8 

CFR 201.1(B)(2)(iii). 

(e) Processing of orphan petition without full documentation or home study. 

(1) General. When an orphan petition is submitted without documentary evidence relating to the child or 

a home study pursuant to 8 CFR 204.2(e), an "A" file should be opened and the fingerprint checks of the 

adoptive or prospective parent(s) should be processed as provided in O.I. 204.3(b)(1) Final adjudication, 

however, will not take place until all evidentiary requirements are satisfied. 

(2) Deniable petition. If statutory grounds for denial exist or adverse information is developed which 

indicates that the petition should be denied, the petition should be returned to the petitioner. 

The petitioner should be advised that the petition is being returned because there are grounds for denial 

but that a decision will not be rendered unless the petition is resubmitted within one year from the date of 

its initial submission with any evidence which is lacking. The petitioner should also be advised of the 

grounds for denial. If the petition is resubmitted within the time allowed with all necessary evidence and 

the grounds for denial are not overcome, the petition should be denied. 

(f) Liaison with responsible state agencies and licensed agencies. 

(1) General. The district director in each district will assign one or more examiners to maintain direct and 

continuous liaison with all state and local officials who have jurisdiction in orphan adoption proceedings 

in each district. In areas of overlapping jurisdiction, the assigned examiners will confer jointly with the 

officials to avoid conflict. The designated examiners will also conflict and maintain liaison with all state 

or United States licensed public or private adoption agencies in addition to state and local officials. 

(2) Matters to be discussed with officials and agencies. Matters to be discussed may include, out are


not limited to: 

(i) the existence or extent of preadoption requirements in any state; 

(ii) the legal possibility of single-parent adoption; 

(iii) home studies and elements contained in them; 

(iv) the effects, if any, of the Interstate compact on the Placement of Children on the processing of 

cases; and 

(v) notification by a state to this Service that compliance by prospective adoptive parent(s) with 

preadoption requirements of the state has been accomplished. 

(3) Maintaining records in district offices. Formal or informal agreements between this Service and the 

various agencies and replies resulting from formal inquiries to the attorney general of a state, a state 

department of welfare, or any agencies should be made a matter of record and should be maintained in 

the district offices for the sake of continuity. 

(g) Advance processing. 

(1) General. When an advance processing application is received by a Service office in the United 

States or overseas, the application and supporting documents must be maintained in a workfolder in the 

adjudications section under the petitioner's surname in accordance with AM 2761.06. The fingerprints 

should be handled as provided in O.I. 204.3(b)(1). (TM 8/84) 

When the response to the fingerprint check(s) is positive or other derogatory information is received 

regarding the case, an "A" file must be created immediately under the petitioner's name, and the 

contents of the workfolder must be placed in the "A" file. (TM 8/84) 

(2) Home study. 

(i) Deficient home study. When a home study submitted in support of an advance processing 

application contains insufficient information or does not meet the criteria of a valid home study in 

any other manner, the petitioner should be advised to pint out the deficiencies to the recommending 

agency. Should the agency fail or refuse to take corrective action to amend the home study to 

meet the criteria as published in the regulations, an unfavorable determination should be made 

concerning the advance processing application. 

(ii) New recommendation after adverse information is developed. When derogatory information about 

the prospective adoptive parent(s) is developed which is not reflected in the home study, the 

prospective petitioner must be requested to submit a statement from an official of the agency which 

originally recommended the proposed adoption: 

(A) indicating that he or she is aware of the details of the derogatory information; 

(B) giving a new evaluation of the prospective adoptive parent(s) capabilities to rear and 

educate the child properly in light of the derogatory information; and 

(C) giving a new recommendation regarding the proposed adoption. 

(3) Completion of advance processing. 

(i) General. Upon completion of the fingerprint checks and receipt of the home study if not 

submitted initially, the district director or officer in charge shall determine whether the prospective 

adoptive parent or parents are able to furnish proper care to a beneficiary orphan. Original 

documents relating to citizenship and marital status will be returned to the petitioner. 

(ii) Favorable determination. The district director or officer in charge shall notify the petitioner of a 

favorable determination concerning an application for advance processing with Form I-171H, Notice 

of. Favorable Determination Concerning Application for Advance Processing of Orphan Petition, 

accompanied by a blank Form I-600 for each prospective adoptive child. 

(iii) Bolivian Case. In any case where the prospective adoptive parents are traveling to Bolivia, the 

following wording must be added to Form I-171H:


The Department of State has advised that in order for a prospective adoptive parent to obtain the 

necessary legal documentation to take a Bolivian child out of Bolivia for adoption in another country, 

the prospective adoptive parent must be awarded custody of the child (i.e., a decree of adoption, 

arrogation, or tutela) by the Family Court of Justice (Juez de Familia). An award of temporary 

custody (i.e., tenecia) by the juvenile court (Tribunal Tutelar de Menores) is not sufficient to permit 

removing a child legally from Bolivia. Only following the correct legal procedures for removing a child 

from Bolivia will permit issuance of an immigrant visa in a Bolivian orphan case. 

(4) When orphan petition is filed at a Service office. When a completed Form I-600 is filed in behalf of a 

child at a Service office, an "A" file will be opened under the child's name as provided in AM 2761.06 and 

processing will be completed. 

(5) Petitioner and/or spouse, if married, traveling abroad. 

(i) General. When the prospective parent or parents are proceeding abroad, the case may be 

retained at the stateside office to facilitate the processing of the petition as provided in 8 CFR 

204.1(b)(iii)(A). Otherwise, upon completion of the agency checks and receipt of the home study 

when not submitted initially, if the district director at a stateside Service office makes a favorable 

determination concernireflecting that determination will be forwarded to the American consulate or 

embassy having jurisdiction over the place where the child is residing or will be located except when 

the child is residing or will be locate in Austria, Germany, Greece, India, Italy, Korea, Singapore, 

Panama, the Philippines, Hong Kong, Mexico, or Thailand. Information concerning the preadoption 

requirements, if any, of the state of the child's prosposed residence must also be included on Form 

I-600A. In addition, if the preadoption requirements, if any, have been, met, this information should 

be furnished on Form I-600A. Form I-604 should be forwarded to the consulate or embassy with 

Form I-600A. 

(ii) Disposition of materials retained at stateside office. 

(A) Workfolder with no derogatory information. When Form I-600A is forwarded to an American 

consulate or embassy, the district director will return any documentary evidence submitted in 

support of the application to the petitioner with the home study. If the home study was 

submitted directly by a responsible state agency or licensed agency, however, it will be returned 

to that agency. All other relating materials will be destroyed. 

(B) Workfolder with derogatory information. When a district director has made a favorable 

determination concerning an advance processing application, even though the response to the 

fingerprint checks was positive or there is other derogatory information contained in the 

workfolder, the petitioners's "A" number will be noted on Form I-600A before it is forwarded to 

the American consulate or embassy. 

(iii) Child in country with overseas Service office. If the child is residing or will be located in Austria, 

Germany, Greece, India, Italy, Korea, Singapore, the Philippines, Hong Kong, Mexico, Panama, or 

Thailand, Form I-600A endorsed to reflect the favorable determination and information concerning the 

preadoption requirements of the state of the child's intended residence should be forwarded with the 

entire workfolder to the overseas office of this Service having jurisdiction over the child's place of 

residence. 

(iv) Telegraphic notification. When the prospective parent or parents are proceeding abroad and 

desire to file Form I-600 abroad, the district director at the stateside Service office shall notify the 

American consulate or embassy or overseas Service office telegraphically if there has ben a 

favorably determination. 

(v) Adjudication of orphan petition by consular officer. Upon receipt at an American consulate or 

embassy, the I-600 will be adjudicated by a consular officer who will conduct the overseas orphan 

investigation during the course of the adjudication. The purpose of the investigation is to determine 

whether the child is an orphan as defined by section 101 (b)(1)(F) of the Act and whether the child 

has any affliction or disability. The report of investigation should be prepared on Form I-604. (TM 

2/83) 

(vi) When adverse information is developed during adjudication by consular officer. 

(A) Adverse information relating to orphanage. If the documentary evidence submitted in 

support of the petition reflects, or the consular officer develops information which indicates, that


the child is not an orphan as defined by section 101(b)(1)(F) of the Act, the consular officer 

shall forwarded the orphan petition with all attachments to the Service office which has 

jurisdiction over the place where the beneficiary is residing. The district director or officer in 

charge will then complete all action on the petition. (TM 2/83) 

(B) Adverse information relating to affliction or disability. If the consular officer develops 

adverse information relating to an affliction or disability, the consular officer shall furnish all 

pertinent details to the petitioner and spouse, if married. Should the petitioner and spouse, if 

married, elect to proceed with the petition, the information concerning the affliction or disability 

should be incorporated at the bottom of page 1 of Form I-600 and initialed by the petitioner and 

spouse, if married. If the petitioner and spouse, if married, choose not to proceed with the 

petition, the consular officer shall forward Form I-600A, Form I-604, and all relating materials to 

the Service office of origin for creation of an "A" file under the beneficiary's name. (TM 2/83) 

(vii) Adjudication of orphan petition at overseas Service office. Upon receipt in an overseas service 

office, the I-600 will be handled in the same manner as at a stateside office. (TM 2/83) 

(6) Abandonment of advance processing. 

(i) Advance processing on file at service office. 

(A) Child not located and identified. In the event that an orphan petition is not filed in behalf of 

a child within one year of the date of completion of all advance processing in a case with a 

favorable determination which is on file at a service office, the district director or officer in 

charge shall advise the petitioner in writing that the advance processing application is 

considered abandoned. Unless an "A" file has been created under the petitioner's name, any 

documentary evidence submitted in support of the application will be returned to the petitioner's 

name, any documentary evidence submitted in support of the application will be returned to the 

petitioner with the home study. (if the home study was submitted directly by a responsible state 

agency or licensed agency, however, it will be returned to that agency). (TM 8/84) 

(B) Home study not submitted. If an advance processing application is submitted without a 

home study and the home study is not submitted within one year from the date of initial 

submission of the application, the district director or officer in charge shall advise the petitioner 

in writing that the application is considered abandoned. Unless an "a" file has been created 

under the petitioner's name, any documentary evidence submitted in support of the application 

will be returned to the petitioner. (TM 8/84) 

(C) Disposition of abandoned I-600A and attachments. Unless an "A" file has been created 

under the petitioner's name, when an advance processing application on file at a service office 

is considered abandoned, the I-600A and any attachments will be destroyed. (TM 8/84) 

(ii) Advance processing application on file at American consulate or embassy. 

(A) Child not located and identified. In the event that an orphan petition is not filed in behalf of 

a child within one year of the date of completion of all advance processing in a case where form 

I-600A is on file at an American consulate or embassy, the consular officer shall advise the 

petitioner in writing that the advance processing application is considered abandoned. (TM 

2/83) 

(B) Disposition of abandoned I-600A. When an advance processing application on file at a 

consulate or embassy is considered abandoned, Form I-600A will be destroyed. (TM 2/83) 

OI 204.4 Third-and sixth-preference petitions. 

(a) Filing. A third- or sixth-preference petition shall be considered as having been properly filed only if it i 

signed under oath or affirmation, is submitted with the required fee, and is accompanied by statement of 

Qualifications of Alien and Job Offer for Alien Employment forms bearing an individually-issued labor 

certification, as provided in 8 CFR 204.1(c) When a petition has been properly field, the filing date is retained 

even if it is necessary to return the petition for additional documentation or information. 

If the petition is not accompanied by a required individual labor certification but with the claim that a 

certification has been issued and forwarded to a United States consular office, the petition shall be returned 

to the petitioner, or to his attorney if he is represented, with the request that he write to the consular office 

for the certification and that he resubmit the petition with that document when he has received it.


If the petition is accompanied by a copy of the required individual labor certification, certified by an 

attorney in accordance with 8 CRF 204.2 (f) to be a true and complete copy of the original, the petition shall 

be accepted, and if executed properly under oath and the filing fee paid, it shall be considered as properly 

filed unless it is subsequently determined that the certification is not a true and complete copy of the 

original. Where the location of the original certification is not explained, the petitioner, or his attorney where 

he is represented, shall be requested to submit the original is at the same consular post where the 

beneficiary intends to apply for an immigrant visa and if there is no reason to doubt the authenticity of the 

certified copy the petition may be approved and forwarded to that consular post with the following 

endorsement made in the " Remarks" block of the approved petition: "Original labor certification previously 

forwarded to American Consul at (enter name of appropriate consular post)." 

(b) Effect of filing a subsequent petition for a professional, scientist, or artist. (Revised) 

(1) Concurrent filing. A member of the professions or a person with exceptional ability in the sciences or 

the arts may qualify for either third preference classification or sixth-preference classification, or both. 

If a qualified alien seeks both classifications, a separate petition must be filed for each. (Revised) 

(2) Previously filed third-Preference petition. If a third-preference petition was previously filed, and if the 

facts concerning any job offer and the alien's intended employment remain the same, then, a new 

petition may be file by the proposed employer for sixth preference classification. (Revised) 

(3) Previously filed sixth-preference petition. If a sixth-preference petition was previously filed and if the 

facts concerning the job offer and the alien's intended employment remain the same, then, a new petition 

may be filed by the alien, or his designated agent, for third-preference classification. (Revised) 

(4) Documentation requirements. A separate set of supporting documents is not required when petitions 

are concurrently filed. All documentation submitted in support of a prior preference petition, including 

any valid labor certification. (individual or Schedule A), may be considered in adjudicating the 

subsequent preference petition. In the case of a third-preference filed prior to the requirement that it be 

supported by a job offer, the Labor Form ETA 750 must accompany the new petition. (Revised) 

(5) Priority dates. The allotment of priority dates will be in accordance with 8 CFR 204.1(c)(2). However, 

in the cases of a subsequently filed petition supported by a Schedule A labor certification the priority 

date will be the date established by the filing of the initial petition. 

(6) Change of Classification of pending petitions. No change of classification of a pending third or 

sixth-preference petition is allowed. 

(7) Removed. (TM 5/86) 

(c) Labor certification. 

(1) Authority to issue. Certifications under section 212(a)(14) will ordinarily be issued by a Certifying 

Officer appointed by the Regional Administrator (or the Administrator for the District of Columbia of the 

Employment and Training Administration, U.S. Department of Labor, for the area wherein the employment 

is to occur. However, they may also be issued by a certifying Officer designated by the Employment is 

to occur. However, they may also be issued by a Certifying Officer designated by the Employment and 

Training Administration. Officers engaged in adjudication of petitions or applications requiring labor 

certifications should familiarize themselves with the name and signature of the certifying officer having 

jurisdiction over is suance of certifications in their area, and should be alert to any changes in 

designation of certifying officers. 

(2) Acceptance and issuance dates of labor certifications. The date on which a certification request is 

accepted for processing by a State employment Service office of the Department of Labor is evidenced 

by an endorsement showing the date and "L.O." for local office, "R.O." for regional office, or "N.O." for 

national office. Thus, a certification will bear two dates-- an acceptance date and a date showing final 

action. The validity of the certification commences to run from the date of finrather than from the date 

of acceptance. 

A sixth-preference petition will be considered to have been filed as of the date of acceptance of the 

application for certification by any office within the employment service system of the Labor Department. 

(3) Certification based on Schedule A. If the supporting documents establish that the beneficiary is 

qualified in an occupation on the current Schedule A, the decision on the petition shall be made without


referring Statement of Qualifications of Alien and Job offer for Alien Employment Forms and supporting 

documents to the Administrator. 

The adjudicating officer shall apply the regulations contained in 20 CFR 656 when deciding the validity o 

a Schedule A entitlement. Specifically, application of the definition of "employment" contained in 20 CFR 

656.50 requires that permanent, full-time work be contained in the job offer for a favorable ruling under 

20 CFR 656.10. "Full-time" will generally mean forty ours work per week. However, this is not a fixed 

requirement. Hours of employment may vary with occupation and with industry. For example, a corporate 

executive (Group IV) may normally be employed for 37 hours per week. This would be "full-time" in that 

situation. (Revised) 

(4) Certification for professional, scientist, or artist. 

(i) General. When the petitioner has obtained a labor certification based on Statement of 

Qualifications of Alien and Job Offer for Alien 

Employment forms and submits the forms with the labor certification affixed for an occupation in a 

profession or in the sciences or the arts, the adjudicating officer must nevertheless make a 

determination concerning the benificiary's qualifications. (Revised; RELEASED ADVANCE) 

If the beneficiary is found to be unqualified in the profession, art or science for which the 

certification wa issued, the petition should be denied notwithstanding the issuance of the 

certification. 

(ii) Certifications for physicians or surgeons. Item 6(6)(3) of the instructions attached to form I-140 

(edition of 1-1-77 or later) describes the evidence which must be submitted before a physician or 

surgeon may be considered as being eligible for immigrant status. Unless the evidence described 

therein is submitted in support of a Form I-140 petition shall be denied for failure to establish 

eligibility for the classification sought. (Revised) 

(5) Erroneously presented certification. If a certification issued by the Department of Labor is presented 

to the Service on behalf of an alien for whom a visa petition is not being filed and he will apply for an 

immigrant visa outside the United States, the person presenting the certification shall be advised to 

return it to the Department of Labor office which issued it for Transmittal to the appropriate United States 

consular office. (Redesignated; formerly par. (6); RELEASED ADVANCE) 

(6) Certification for live-in employment. An employer intending to apply for a labor certification for a job 

in which the alien will be required to live at his place of employment should be informed that he must 

submit to the local State employment service Supplemental Statement for Live-At-Work Job Offers form 

as well as Statement of Qualifications of Alien and Job Offer for Alien Employment forms. (revised and 

redesignated; formerly par. (7); RELEASED ADVANCE) 

(7) Certification requests by voluntary agencies. The Department of Labor has authorized certain 

voluntary agencies to submit Statement of Qualifications of Alien forms, with or without Job Offer for 

Alien Employment forms, directly to the Employment and Training administration in Washington, D. C., so 

that it may consider the issuance of labor certifications on behalf of aliens sponsored by those 

agencies. For the purpose of identifying such cases, the name of the sponsoring agency will appear in 

the upper left-hand corner of the Statement of Qualifications of Alien Form. (Revised and redesignated; 

formerly par. (8); (RELEASED ADVANCE) 

(8) Invalidation of labor certification. A petition may be denied on the ground that the certification 

issued pursuant to a Job Offer for Alien Employment form is invalid under the Provisions of 20 CFR Part 

656 when it is found that the actual wages and working conditions differ significantly from those 

specified in the Job Offer for Alien Employment form: such a denial may be made with or without 

consulting the Department of Labor. The denial order shall specify the manner in which the actual wages 

and working conditions differ from those represented in the job offer on which the certification was based 

and shall indicate that the denial is without prejudice to reconsideration upon the petitioner's submittal of 

a new labor certification based upon the actual wages and working conditions. 

When doubt Exists whether the actual wages and working conditions vary significantly enough form 

those represented in the job offer on which the certification was based to warrant the conclusion that the 

certification is invalid under 20 CFR part 656, the Employment and Training Administration may be 

consulted for a determination of that matter. 

A petition which has been denied on the basis that the certification is invalid under 20 CFR Part 656 is


considered as having been denied "for Lack of a certification" and no appeal lies from such a denial. 

(d) Evidence. 

(1) General. Statement of Qualifications of Alien form which must accompany each third- or 

sixth-preference petition, contains information concerning the beneficiary and his qualifications and must 

be supported by documentary evidence of those qualifications. If the beneficiary is clearly unqualified, 

the petition should be denied. When examination of the petition indicates that the petition may be 

approvable if the beneficiary is qualified, the petition shall be returned to the petitioner with a request for 

those documents before further action is taken. 

(2) Advisory opinion of Labor Department. When a service officer adjudicating a petition for a beneficiary 

claiming an occupational status on Schedule a is unable to determine whether the alien is so qualified, 

he may request an advisory opinion from the Division of Labor Certification, United states Employment 

Service, Washington, DC 20213. (Revised) 

When a Service office disagrees with the Division of Labor Certification' advisory opinion, an individual 

letter will be addressed to the Division of Labor Certification, setting forth the basis for the disagreement 

and requesting the Division of Labor Certifications' comments with respect to the position of the Service 

office. Although the advisory opinions of other government agencies are entitled to great weight, the 

ultimate decision concerning a beneficiary's qualifications rests with the Service. (Revised) 

(3) Other advisory opinions. The Service may solicit or require the petitioner to obtain the advisory 

opinions of individual experts, universities, or other organizations and governmental agencies in the 

particular scientific or artistic field in which the alien is engaged concerning the alleged exceptional 

ability of a third-preference beneficiary. In obtaining such opinion the party consulted should be 

requested to furnish in writing a specific and detailed account of the facts and data considered in 

arriving at the conclusion. If the opinion is adverse to the petitioner and is being considered as a 

possible factor in denying the petition, the petitioner shall be apprised of the opinion and shall be given a 

reasonable opportunity or rebuttal before a decision is made. 

(4) License to practice profession. There is no requirement in the statute that a member of a profession 

must establish that he is qualified to practice that profession in the United States. The petitioner shall 

not, therefore, be required to submit such evidence. However, if the beneficiary has received alicense 

or other permission to practice his profession, the petitioner may submit the license or other official 

permit which the beneficiary has received. 

(5) Evaluation of beneficiary's education. In connection with the evaluation of a beneficiary's 

educational background, the Department of Education has advised that foreign educational terms which 

appear to be similar to American bachelor's, master's, or doctor's degrees are not necessarily 

comparable to such terms in the United States. For example, in some countries, a bachelor's diploma or 

degree is more comparable to a United States; also the completion of a program in a "college" in another 

country may not be the equivalent of completion of a college program in the United States, since a 

"college" in many other countries is a secondary level institution. Consequently, a professional 

evaluation of foreign degrees or courses may occasionally be necessary before a petition can be 

adjudicated. A reliable evaluation of undergraduate courses can be secured from an accredited college 

or university if the beneficiary is applying for admission as a graduate student. If an evaluation cannot 

be obtained from an accredited college or university, applicants should secure an evaluation from one of 

the many evaluation organizations. 

Instances when a request for an advisory evaluation would be appropriate are where a diploma does not 

confer a degree recognizable as a baccalaureate or higher degree in this country and a petitioner or 

applicant asserts that the diploma represents the equivalent of a specified degree in the United States, 

or when there is any reason to doubt that a diploma conferring a degree is equivalent to a similar degree 

in the United States. When an evaluation is needed the request shall be made on Form I-72 and the 

following paragraph shall be inserted on the form: 

Your petition and supporting documents are being returned. It has been determined after review that an 

advisory evaluation of the beneficiary's credentials must be obtained before a decision can be made. 

This evaluation is necessary to determine the level and major field or educational attainment described in 

the supporting documents in terms of equivalent education in the United states. The Immigration and 

Naturalization Service does not endorse or recommend evaluators. Many private individuals, 

organization service does not endorse or recommend evaluators. many private individuals, organizations 

and educational institutions provide this service. An acceptable evaluation should:


(i) Consider formal education only, not practice experience. 

(ii) State if the collegiate training was post -Secondary education, i.e. did the applicant complete the 

U.S. equivalent of high school before entering college? 

(iii) Provide a detailed explanation of the material evaluated, rather than a simple conclusory 

statement. 

(iv) Briefly state the qualifications and experience of the evaluator providing the opinion. 

(6) When the petitioner is a well-established organization, college, or university of unquestioned good 

reputation and intends to employ the beneficiary of a third- or sixth-preference petition in a professional 

capacity, the petitioner's determination that the beneficiary is qualified for the professional position 

involved shall be given due weight if the petitioner customarily hires and employs similar professional 

personnel in the United States in the regular course of its business. When such a well-established, 

reputable petitioner files a third- or sixth- preference petition, the filing of the petition, in an of itself, shall 

be considered as evidence that the petitioner has found the beneficiary qualified for the professional 

position involved, and the beneficiary's diploma(s) may be accepted as evidence of his scholastic 

qualifications, without requiring a transcript of his school record. 

(e) Interview and investigation. 

The petitioner or his authorized representative and the beneficiary may be required to submit to interview 

to verify the allegations contained in the petition and supporting documents, including the alleged 

qualifications of the beneficiary. In any interview conducted with respect to a third-preference petition, the 

interviewer shall also ascertain whether the beneficiary intends to engage in his profession or in his field in 

the sciences or the arts for the person, firm, or organization issuing the job Offer for Alien Employment form. 

A third-preference petition should not be approved if the beneficiary does not intend to engage in the 

professional, artistic or scientific field on which the claim to third-preference eligibility is based. In any 

interview conducted with respect to a sixth-preference petition, the interviewer shall ascertain whether the 

petitioner in tends and desires to employ the beneficiary in the capacity indicated in the petition and the job 

Offer for Alien Employment form. If the adjudicating officer has any doubt concerning any material allegation, 

the petition shall be referred for appropriate investigation to resolve that doubt. (Revised; RELEASED 

ADVANCE) 

The adjudicator will not request an overseas investigation if there are other grounds for denial of the 

petition. (TM 2/87) 

There is a high incidence of misrepresentation involving work experience gained by third and sixth 

preference beneficiaries in Bangladesh, Hong Kong, India, Pakistan, the people's Republic of China, and 

Taiwan. Even so, when the adjudicating officer is convinced that the evidence substantiates the work 

experience, the petition may be approved. All other I-140 visa petitions involving work experience gained in 

these countries must be sent for overseas investigation. (TM 2/87) 

Service field offices will, without exception, submit requests for such investigation directly to and only to 

the Officer-in-Charge, Hong Kong, in cases involving beneficiaries who allegedly gained work experience in 

Hong Kong, the people's Republic of China, or Taiwan or to the Officer-in-Charge, New Delhi, in cases 

involving beneficiaries who allegedly gained work experience in Bangladesh, India, or Pakistan. Requests will 

not be made directly to an embassy or consulate. (ADDED) (TM 2/87) 

All requests of overseas investigations must be made in accordance with the provisions of OI 103.I(c) (1). 

(ADDED) (TM 2/87) 

The adjudicating officer must attach any report of investigation of the beneficiary's qualifications to the 

petition when it is forwarded to the embassy or consulate where the visa application will be made. 

(TM 2/87) 

Petitions requiring verification of work experience in the People's Republic of China (PRC) must be 

supported by notarial certificates issued by a notary public office in the country or city in which the 

beneficiary lived or worked. If notarial certificates are attached the PRC Ministry of Justice will verify that a 

proper investigation was conducted before the certificate was issued. (TM 2/87) 

(f) Denial of petitions. 

When a third-preference petition is denied because of lack of qualifications or because the beneficiary


does not have a third-preference occupation, consideration shall be given to notifying the petitioner of the 

procedure for sixth-preference if the occupation is not on the noncertification list (Schedule B, 20 CFR Part 

656) 

When a sixth-preference petition involving an occupation not included in Schedule A is denied because 

the petitioner does not desire and intend to employ the beneficiary in the capacity indicated in the job offer 

on the basis of which a certification was issued or in accordance with the wages or other working conditions 

set forth in that offer, a copy of the notice of denial shall be forwarded to the Employment and Training 

Administration, United States Department of Labor, Washington, D.C. 20210. (TM 11/84) 

OI 204.5 Approved petitions. 

(a)General. 

For communication with Department of State see AM 2793.13 and OI 104.1 A list of consular posts and 

their jurisdiction is contained in Exhibits I and II, Appendix B/C/E to Vol. 9 - Visas, Foreign Affairs Manual. 

(Revised) 

When advance notice of approval is directed to a consul, the petitioner shall be instructed promptly to 

inform the beneficiary to contact the consul. The petition, before being mailed, shall be checked or stamped, 

as appropriate, "Approval previously forwarded." 

Approval of an immigrant visa petition shall be unconditional, except when a relative petition is approved 

on condition that blood tests are compatible (see OI 204.2(e)). 

When, after a consulate has been notified of the approval of a visa petition, any inquiry or investigation is 

initiated to determine whether there are possible grounds for revocation, the consulate shall be requested to 

withhold issuance of the visa during the pendency of the inquiry or investigation. Expeditious action shall be 

taken and the consulate shall be notified promptly of the result. 

(b) Petitions for relatives. 

Notice of approval in the cases of petitions for relatives shall be sent to the petitioner on Form I-171. This 

notice (unless requested or necessary) need not be prepared when the petition and the Adjustment of Status 

application are considered at the same time. A copy of Form I-171 shall not be retained unless a file exists 

in which it may be placed. Form I-171 (SINGLE COPY) shall be used when a copy thereof is not required for 

the file, notification to an attorney, or post-audit procedures. 

When a petition has been approved to accord the beneficiary second-preference classification, the 

appropriate block of Form I-171, in addition to any other appropriate blocks, shall be checked to place the 

petitioner on notice that he should notify this Service promptly if he should become naturalized as a citizen 

of the United States. A currently valid petition according section 203(a)(2) preference status shall be 

regarded as approval for status as an immediate relative under section 201(b) or for preference status under 

section 203(a)(1), as appropriate, as of the date the beneficiary acquired such status though the petitioner's 

naturalization, a letter of notification shall be forwarded to the consulate advising it of the date of the 

petitioner's naturalization and the new classification to which the beneficiary is entitled. The consulate shall 

be requested to attach the letter to the petition. 

(c) Third-and sixth-preference petitions. 

Due care must be exercised to assure that the proper filing date, as provided in 8 CFR 204.1(c), is 

inserted in the appropriate place on the petition. 

The supporting documents shall be forwarded to the consul with the petition. 

When a third- or sixth-preference petition is approved for an occupation on Schedule A without an 

individual labor certification, a copy of the Statement of Qualifications of Alien form shall be submitted to the 

Department of Labor. That copy shall be stamped in the space at the bottom of the first page with the 

alphabetical Service location code of the approving office, the date of approval of the petition, and the 

legend "Sched. A" and the beneficiary's occupation. The copies may be accumulated on a weekly basis and 

shall be forwarded directly to Employment and Training Administration, Department of Labor, Washington, D. 

C. 20210. 

In addition, the copy of the Statement of Qualifications of Alien form which accompanies the petitions 

shall be endorsed in the same space simply with the legend "Sched. A."


(d) Validity of approved petitions. 

(1) General. All approved immigrant visa petitions are valid indefinitely under the conditions set forth in 8 

CFR 204 If any of the circumstances occur as specified in 8 CFR 205.1 the approval of the petition is 

automatically revoked. In any other situation revocation proceedings shall be instituted as provided in 8 

CFR 205.3. 

(2) Beneficiary outside the United States. If the beneficiary is applying for an immigrant visa at a 

consulate abroad, the consul considering the alien's visa application will determine whether the petition is 

still valid. His determination is third-and sixth- preference cases will take into account whether any 

expired labor certification has been revalidated. In third- and sixth- preference cases he will also 

ascertain whether the petitioner still desires and intends to employ the beneficiary if more than one year 

has elapsed since approval of the petition. The consul will not have to return the petition to the Service 

for any action unless the circumstances are such that revocation proceedings should be instituted as 

provided in 8 CFR 205.3. 

(3) Beneficiary in United States. If the beneficiary is in the United States, the Service officer 

adjudicating the alien's application for adjustment of status will determine whether the petition is still 

valid. See OI 245.2(c) concerning application for adjustment of status by third- and sixth- preference 

aliens. 

(4) Approval of subsequent petition by same petitioner for beneficiary. To effectuate reaffirmation or 

reinstatement of the validity of the original petition when a new petition by the same petitioner is 

approved for the same preference classification on behalf of the same beneficiary, the following 

endorsement shall be made in the "Remarks" block of the subsequently approved petition: "Beneficiary 

entitled to priority as of enter date of filing of previously approved petition) by virtue of approval of prior 

petition in his behalf by the same petitioner filed on that date." The words "See Remarks" shall be placed 

on the "Date Filed" line of the visa petition. In any such case, any index card attached to a preference 

visa petition shall be endorsed in the "Action or VP" block to show "Approved with priority date of (enter 

date of previously approved petition)." 

OI 204.6 Inadmissibility. 

Although a beneficiary may be inadmissible to the United States, and without regard to whether or not such 

inadmissibility has been or could be waived, the visa petition filed for him shall nevertheless be adjudicated. 

A memorandum of information, in duplicate, shall be attached to the visa petition if the beneficiary appears 

inadmissible. If the consul issues a visa he will return a copy of the memorandum, endorsed with an 

explanatory statement, in a sealed envelope securely fastened to the visa. When return of a copy of the 

memorandum is not feasible, the consul will attach to the visa a sealed statement that additional information 

relating to the applicant may be obtained from the Visa Office, Department of State. In such case the alien 

shall be paroled and the relating information shall be paroled and the relating information shall be obtained 

before further disposition is made. 

There shall be included in a memorandum of information attached in duplicate to the visa petition, any other 

information, whether emanating from Service records or from another agency, which is believed to be 

pertinent and which may prove of some assistance to the American consul in acting upon the application for 

a visa. The memorandum shall recite the information in substance, with due regard to the "third agency rule" 

and shall state that the information is being furnished for the consul's guidance and assistance in connection 

with the application for a visa. If the information is from a third agency, the consul shall be referred to the 

appropriate agency. The consul shall not be advised when the beneficiary's name appears in the Service 

Lookout Book as the result of another agency's request. It is essential that nay material which contains 

information of a security nature be classified properly and that such material be transmitted in accordance 

with the provisions of AM 2108. 

The "Remarks" box on the visa petition shall be noted "SEE ATTACHED MEMORANDUM," and a copy of the 

memorandum shall be retained in the beneficiary's file; if a file does not exist, one shall be created. 

Blue Pages OI204.6 

When the beneficiary's file is required in connection with the adjudication of the visa petition and it contains 

information which may have a bearing on visa issuance, the approving office shall note the information in the 

Remarks portion of the petition. This would include information that the beneficiary is in the United States 

and is statutorily ineligible for the benefits of section 245; or that he had the status of an exchange aline, 

whether a waiver of the two-year foreign residence requirement has been granted and, if not, any information


upon which a determination might be made as to whether the alien is subject to the tow-year foreign 

residence requirement. 

OI 204.7 Possible loss of United States citizenship. 

When an issue of possible expatriation arises in the adjudication of a relative visa petition, the conclusion 

reached as to whether citizenship was or was not lost shall be made a matter of record in a supplemental 

report supported by a question-and-answer statement of the petitioner or, if considered appropriate, by an 

affidavit from the petitioner, together with all the supporting evidence and the reasoning upon which the 

conclusion was reached. 

OI 204.8 Waiver of section 243(g) sanctions. 

A decision to enforce or waive the sanction imposed by section 243(g) against an individual must be made 

prior to forwarding an approved petition to a consular post in the USSR, Cuba, Czechoslovakia, or Hungary. 

Any existing Service files on the petitioner or beneficiary must be reviewed prior to the decision. If 

warranted, an investigation may be requested. The memorandum requesting the investigation shall request 

that the investigation cover any subversive affiliation(s) and local agency records. G-325A checks may be 

made in any case, and must be if an investigation is requested. If a visa petition is not required, the 

Department of State will furnish the name of any interested party. An interested party will be treated like a 

petitioner of G-325A and investigative purposes. (Revised) 

Sanctions may be waived if review of any Service file(s), results of agency checks, and results of any 

investigations do not disclose derogatory information. When sanctions are waived, the approved petition and 

Form I-171, Notice of Approval, shall be noted, "Waiver of section 243(g) sanctions granted". The petition 

may then be forwarded to the American consul and a copy of the I-171 placed in all relating files. (Revised) 

Blue Page OI 204.8 

Sanctions may not be waived if adverse information is developed regarding the petitioner or beneficiary which 

would indicate involvement in activities associated with section 212(a) (28) or similar activities. Prior to 

decision, the petitioner shall be interviewed regarding the adverse information to afford an opportunity for 

rebuttal. If the district director decides to recommend denial of the waiver, a formal order shall be prepared 

for the waiver, a formal order shall be prepared for the Commissioner's signature and forwarded, with the 

approved petition and Form I-171, to the Administrative Appeals Unit. The Commissioner denies the waiver, 

the petition will be noted, "Waiver of section 243(g) sanctions denied". The petition will be forwarded to the 

American consul with a copy of the order attached. The Form II-171 will be noted "Section 243(g) of the 

Immigration and Nationality Act precludes issuance of an immigrant visa because sanctions have been 

imposed against (country), 8 U.S.C. 1253(g). There is no appeal of a denial." (TM 7/84) 

If the Commissioner decides to approve the petition of formal order explaining why the waiver is being 

granted in spite of the adverse information will be attached to the petition before it is forwarded. The petition 

and Form I-171 will be noted, "Waiver of section 243(g) sanctions approved". (TM 7/84) 

If an American consul in the USSR, Hungary, or Czechoslovakia receives a visa petition for adjudication 

which requires a waiver of sanctions and it iw within the provisions of 8 CFR 204.1(a) for the consul to 

approve the petition, or if the consul receives a visa petition from the Service which is not noted as required 

above, the consul may request that a decision on the waiver be made by the Officer-in-Charge, Vienna. The 

Officer-in-Charge shall process the waiver request under the procedures listed above. Review of relating 

Service files should be requested by telegram. (TM 9/84) 

OI 204.9 Pub. L. 97-359 Amerasian. 

(a) Expeditious processing 

Adjudicating officers are to expedite the processing of petitions for Pub. L. 97-359 Amerasians (Form 

I-360) to the extent possible, for humanitarian reasons. 

(b) Two-state-processing. 

Upon submission of a Form I-360 for preliminary processing as provided in 8 CFR 204.1(c)(3)(1), the 

adjudicating officer shall determine whether there is reason to believe the beneficiary was fathered by a 

United States citizen. If the preliminary processing is completed in a satisfactory manner and the fingerprint 

check of the sponsor is not yet completed or has not disclosed any adverse information which may result in 

denial of the petition, the officer shall not disclosed and adverse information which may result in denial of the


petition, the officer shall send the petitioner Form I-365, Notice of Completion of Preliminary Processing of 

Petition for Public Law 97-359 Amerasian, accompanied by a blank Form I-361, Affidavit of Financial Support 

and Intent to Petition for Legal Custody for Public Law 97-359 Amerasian. If the sponsor's fingerprints on 

Form FD-258 have not already been submitted, a blank Form FD-258 must also be sent the petitioner. 

Upon submission of all further documents required for final processing, the officer shall determine whether 

the benificiary qualifies for benefits under section 204(g) of the Act. In the event that the petitioner does not 

file all required documents within one year of the date of Form I-365, the petitioner must be advised in writing 

that the petition is considered abandoned. 

(c) One-stage processing of petition. 

If the petitioner submits Form I-360 with all documentary evidence required by 8 CFR 204.2(g)(1), the 

adjudicating officer shall consider all evidence in the vase without using the two-stage processing described 

in 8 CUR 204.2 (c)(3). 

(d) Fingerprint check. 

The purpose of the fingerprint check is to determine whether the sponsor is of good moral character as 

required by the statute. In order to do a fingerprint check in an Amerasian case, the fingerprint of the 

sponsor must be forwarded to the FBI Identification Division without any other form attached. The notation 

"AMERASIAN-ORPHAN" must be written with a green felt-tipped pen or stamped with a bright green stamp in 

the place for reason fingerprinted of Form FD-258. Although an Amerasian case is not an orphan case, the 

FBI has advised that their manual does not permit special handling of Forms FD-258 unless they bear the 

notation Orphan". 

Some file control officers which are not district offices do not have Forms FD-258 with ORI numbers 

relating to them. In such an office, the threeletter office code must be written with a bright green felt-tipped 

pen or stamp in the space for miscellaneous number of Form FD-258.If the petition is filed at an overseas 

office, the Form FD-258 with the sponsor's fingerprints must reflect the ORI number or three-letter office code 

of that office. 

Form FD-258 will be returned to the office of origin. The FBI will indicate directly on that form if there is no 

arrest record. If there is an arrest record, the FBI will attach a copy of the record directly to the form. 

The sponsor's fingerprints may be submitted at any time during the processing of the petition. The 

adjudicating officer must process them immediately upon their receipt. 

The reply from the FBI must be awaited before making a decision in an Amerasian case. If the first set of 

fingerprints is illegible, a second set of fingerprints must be processed. In order to avoid unnecessary 

delays, however, the second set of fingerprints should be processed on a post-audit basis provided that the 

name check is negative. 

When the same sponsor two or more Public Law 97-359 Amerasians, only one set of fingerprints on Form 

FD-258 needs to be filed, provided the petitions in behalf of the beneficiaries are processed concurrently at 

the same Service office. The adjudicating officer should be aware that, under OI 105.10(a), if the response 

to a previous check of the FBI Identification Division of any than 15 months old at the time adjudication of 

any petition is made, an up-to-date check should not be made unless there is reason to believe that 

additional pertinent information is available. (TM 9/84) 

(e) Advisory opinion of Outreach Program. 

In the case of beneficiary under eighteen years of age, if the adjudicating officer has a question 

concerning the placement arrangement as described in 8 CFR 204.2(g)910(ii)(d) and 8 CFR 204.2(g)(1)(iii), the 

officer may request the advisory opinion of the Director, Outreach Program, Central Office, by memorandum. 

The officer must attach to the memorandum. The officer must reach to the memorandum copies of Form 

I-360, Form I-361, and all supporting documentation. If an immediate decision is necessary or the officer 

wishes to discuss the placement arrangements, the officer may call the Director on 8-633-4123. 

(f) Final Decision. 

If the petition is approved, Form I-171, Notice of Approval of Relative Immigrant Visa petition, must be 

sent to the petitioner. Regardless of whether the petition is approved or denied, when a decision is reached, 

the adjudicating officer must forwarded to the Director, Outreach Program, Central Office, a copy of the 

report of the placement from the agency, if applicable. (TM 3/84)


(g) Disposition of approved petition and documents when the petition is approved at a stateside office in 

the case of beneficiary overseas. 

If the petition is approved at a stateside Service office in the case of a beneficiary residing overseas, the 

adjudicating officer shall forward the original petition to the designated American consulated or embassy 

unless overseas Service Office. In that case, the officer shall forward the petition of the Service office. A 

copy of Form I-360 and a copy Form I-361 are to be retained in the beneficiary's file. The petition must be 

accompanied By: 

(1) The original Form I-361; 

(2) Form I-362, Report on Public Law 97-359 Amerasian Interview/Investigation; and 

(3) all documentary evidence submitted in support of the petition. 

(h) Interview and overseas investigation. 

(1) General. The purpose of the interview, and, when necessary, the overseas investigation, is to 

confirm that there is reason to believe that the beneficiary was fathered by a United States citizen and 

that the beneficiary was born in Korea, Vietnam, Loas, Kampuchea, or Thailand after December 31, 1950 

and before October 22, 1982. One of the factors to be considered at the interview is the beneficiary's 

physical appearance. If the beneficiary's mother or legal guardian is available, the interviewing officer 

should also interview the mother or guardian. 

Another factor to consider when making a determination as to whether there is reason to believe that the 

beneficiary was fathered by a United States citizen is whether the father has contributed to the 

beneficiary's support. It is not a requirement, however, that the father have contributed support since 

many fathers may not have done so. 

There may be applicants who have a legitimate claim to eligibility but those physical appearance or 

documentation are less convincing than in other cases. In these cases, an overseas investigation may 

be conducted in addition to the interview. Form I-362 is used to report the results of the interview, and, 

if necessary, the overseas investigation. 

If the overseas investigation is being conducted at a Service office, the immigration officer may wish to 

consult with the American consular officer located in the same city, a United States military officer from, 

for example, the defense attache's office, or United States citizen civilians, possibly missionaries, who 

have resided has access to local records. A military officer would and personnel which could be of 

value. United States citizen civilians would have long experience and contacts in the area. 

If the overseas investigation is being conducted at an American consulate or embassy, the consular 

officer may likewise wish to consult with a United States military officer or United States citizen civilians. 

As part of the investigation, the immigration or consular officer should consult with government officials 

and officials of private voluntary agencies in the country of the child's birth, if possible. 

Where it is impossible to conduct an overseas investigation, the immigration or consular officer must, in 

every case, determine whether or not the beneficiary is eligible for the benefit sought based upon the 

interview with the beneficiary. Depending on the circumstances in the country where the beneficiary is 

residing, the officer shall interview the beneficiary to the extent possible using the best method 

available. 

(2) Beneficiary in the United States. If the beneficiary is residing in the United States, the adjudicating 

officer shall question the beneficiary at the time of the adjustment of status interview concerning the 

beneficiary's eligibility for the benefit sought. The officer shall complete as many items of Form I-362 as 

possible. 

If an overseas investigation is necessary, the adjudicating officer shall send Form I-362 to the overseas 

Service office having jurisdiction over the beneficiary's place of birth with copies of the petition and all 

supporting documents. 

(3) Petition filed at overseas Service office. 

(i) Interview and investigation at Service office. If the petition if filed at an overseas Service office


and if the beneficiary is available for an interview, the Service office shall question the beneficiary 

concerning the beneficiary's eligibility for the benefit sought prior to approval of the petition. If an 

overseas investigation is necessary, the Service office shall conduct the investigation prior to 

approval of the petition whether or not the interview is conducted prior to approval of the petition. 

If the petition is approved, the adjudicating officer shall forward the original petition to the 

designated American consulate or embassy. A copy of Form I-360 and a copy of Form I-361 are to 

be retained in the beneficiary's file. The petition must be accompanied by: 

(A) the original Form I-361; 

(B) form I-362; and 

(C) all documentary evidence submitted in support of the petition. 

(ii) Interview at consulate or embassy. If an interview has not yet been conducted with the 

beneficiary, the consular officer shall question the beneficiary during the processing of the visa 

application concerning the beneficiary's eligibility for the benefit sought. 

(4) Petition filed at stateside office in the case of beneficiary overseas. When a petition is filed at a 

stateside office in the case of beneficiary overseas, if the adjudicating officer is unable to determine 

whether there is reason to believe the beneficiary was fathered by a United States citizen without an 

interview of the beneficiary and an overseas investigation, that officer may request an interview and 

investigation prior to approval of the petition. The request for interview and investigation should be made 

to the overseas Service office having jurisdiction over the beneficiary's place of residence. Form I-362 

and copies of the petition and all supporting documents must accompany the request. 

After receipt of a petition approved at a stateside Service office, the immigration or consular officer shall 

interview the beneficiary concerning that individual's eligibility for the benefit sought unless the interview 

has already been conducted as provided above. The consular officer shall do this during the processing 

of the visa application. If necessary, an overseas investigation may be conducted at the Service office 

or consulate or embassy. 

If no adverse information is developed in a case at a Service office, the immigration officer shall forward 

the approved petition and all attachments to the consulate or embassy where the beneficiary will apply 

for an immigrant visa. If no adverse information is developed in a case at a consulate the embassy, the 

consular officer will proceed with the processing of the visa application. 

(5) If adverse information is developed. If adverse information is developed at another Service office or 

at a consulate or embassy, the immigration or consular officer will return the petition with the completed 

Form I-362 to the Service office of origin. When the Service office of origin receives the petition with the 

adverse report, the petitioner must be notified of the contents of the report. The petitioners is to be 

given the choice of withdrawing the petition or having a determination of eligibility made in formal 

revocation proceedings. The Service office must notify the immigration or consular officer who 

developed the adverse information or consular officer who developed the adverse information by 

memorandum of the final action. 

If the petition is not withdrawn and the approval is not revoked, the petition and all attachments must be 

forwarded to the consulate or embassy where the beneficiary has applied or will apply for an immigrant 

has adverse or will apply for an immigrant visa. If the adverse information was developed at an 

overseas Service office, a copy of the memorandum to that office must be attached to the approved 

petition. 

(i) Poverty guidelines. 

For the official poverty guidelines referred to the Form I-361, Affidavit of Financial Support and Intent to 

Petition for Legal Custody for Public Law 97-359 Amerasian, see 22 CFR 42.91(a)(15)(ii). (TM 10/86) 

(j) Enforcement of affidavit of financial support and intent to petition of legal custody. 

When a Form I-33, Request to Enforce Affidavit of Financial Support and Intent to Petition for Legal 

Custody for Public Law 97-359 Amerasian, is filed at a Service officer, the Examinations Section may request 

an investigation, if necessary, to verify the facts. That section will then forward the request to the regional 

counsel. The regional counsel will review the request is valid, forwarded it to be appropriate U.S. Attorney for 

institution of an enforcement action.


(k) Reports to Congress. 

The Director, Outreach Program, Central Office, shall report for the precious fiscal year to the House 

Committee on the Judiciary every January 1st beginning in 1984. The report must include, be sex, the 

number of aliens who have gained immigration benefits under Pub. L. 97-359, their states of intended 

residence, their ages, their states of intended residence, their classes of admission. It must also include 

any family separation or dislocation abroad that resulted from this legislation, any failures of placements of 

aliens under this, legislation and subsequent placements in new homes. 

(l) Derivative beneficiaries of petitions approved for first and fourth preference classification. 

In considering an application for adjustment of status or an application for an immigrant visa for the 

derivative beneficiary off a petition to accord a Pub. L. 97-359 Amerasian first or fourth preference 

classification, the immigration or consular officer must determine whether or not he applicant is likely to 

become a public charge. It making this determination, the officer must consider whether the principal 

beneficiary's sponsor or another individual will support the derivative beneficiary. The sponsor is not required 

by the statute to support the derivative beneficiary. 

(m) Certifications from agencies and foundations. 

Certification from agencies and foundations are to be considered on a case by case basis. A district 

director may, in his or her discretion, accept these certifications as all or part of the evidence if these 

certifications are convincing, without requesting overseas investigations, or on the other hand, a district 

director may request an investigation if he or she deems it to be warranted. (Added) 

There is no hard and fast rule as to what evidence, or how much evidence, must be submitted in support 

of a Public Law 97-359 Amerasian petition. The petition quite simply must be supported by enough evidence 

to prove to the satisfaction of the district director that "there is reason to believe" that the beneficiary was 

fathered by a United States citizen as required by the statute. (Added) 

The Director, Outreach Program, Central Office, is to maintain copies of reports of overseas investigations 

in Public Law 97-359 Amerasian cases for informational purposes. Therefore, all overseas offices which 

conduct overseas investigations in these cases must send copies of any reports of these investigations to 

the Director, Outreach Program. the Director will then be able to furnish any information which is on record 

regarding prior cases involving various agencies and foundations for use as guidance in adjudicating 

petitions supported by certifications from those agencies and foundations. Requests for information of his 

type may be made by telephone (8-633-4123), by cable, or by memorandum. (Added) 

OI APPENDIX to OI 204.4(d) 

APPENDIX to OI 204.4(d) 

CREDENTIALS EVALUATING SERVICES 

Credentials Evaluation Service 

International Education Research Foundation 

P. O. Box 24679 

Los Angeles, California 90024 

Education International 

Advisory Evaluation of Foreign Education and Training 

50 Morningside Drive 

New York, New York 10025 (Revised) 

International Consultants, Inc. (ICI) of Delaware 

Credential Evaluation Service 

214 Pickett lane 

Newark, Delaware 19711 

World Education Services 

Education Equivalency Evaluations 

P. O. Box 745 

Old Chelsea Station 

New York, New York 10011

Service Law Books


OI 205 Revocation of approval of petitions. 

OI 205.1 

OI 205.2 

Automatic revocation 

Revocation or notice 

OI 205.1 Automatic revocation. 

Cable notification shall be sent to a consul approval of a petition is automatically revoked for any of the 

reasons contained in 8 CFR 205.1, other than under section 203(e) of the Act, when issuance of a visa 

appears imminent. (Revised: RELEASED ADVANCE) 

OI 205.2 Revocation on notice. 

For action to be taken when a visa petition has been approved in behalf of an alien relative of a former 

claimant to United States citizenship who may not be a citizen or the alleged relationship may not exist, see 

OI 103.1(a)(3)(vii).


OI 207 Admission of refugees. 

OI 207.1 

OI 207.2 

OI 207.3 

OI 207.4 

OI 207.5 

OI 207.6 

OI 207.7 

OI 207.8 

OI 207.9 

OI 207.10 

Application filing 

Application processing 

Inadmissible applicants 

Firmly resettled 

Application from non-established 

refugee countries 

Document disposition 

Refugee travel 

Following to join 

Termination of refugee status 

Reporting grants and waives of 

inadmissibility to Congress 

App.to OI 207.8 Visas ninety-three 

OI 207.1 Application filing. 

Qualified aliens seeking refugee status under this chapter shall apply to the INS officer-in-charge overseas 

having jurisdiction over the geographical area in which the applicant is located. In those areas so remote 

from INS offices as to make direct filing with the officer-in-charge impractical, prospective refugee may file 

their applicants with designated State Department Consular officers. 

OI 207.2 Application processing. 

(a) General. 

At such time as the applicant's name is within 60 says of being reached on the priority lists, the 

processing office will cause appropriate security checks for applicants 14 years and older, on Forms G-325C 

Biographic Data Sheets, or, where authorized, through the use of Visas Eagle or Visa Falcon electronic 

security checks. After security checks have been returned, or after a period of 15 days, for electronic 

check or 40 days for G-325C check if no return is received, the applicant will be schedule for an interview 

with an immigration officer as soon as practicable. A completed but unsigned Form I-590, Application Form 

FD 258 Fingerprint Chart, and G-646 Sworn Statement will be presented for each applicant at the time of 

interview, and an "A" file shall be opened. The completed I-590 will be used as the basis for interview. If the 

refugee is claiming a benefit on the basis of a family relationship, a completed G-651 Sworn Statement will 

also be presented. Each applicant will be presented for interview but the interviewing required to establish 

the applicant's eligibility for refugee status, and admission to the United States. 

(b) Approval. 

After tentative approval, the applicant will be referred for a medical examination required by regulation and 

for the securing of sponsorship agreements of Form I-591. The medical examination may be schedule 

before or after the interview to meet program realities, but an acceptable medical clearance must be granted 

prior to final approval. Upon final approval, a Form I-94, will be left clear for use by the admitting officer at 

the port of entry into the United States. The only exception to this is when a waiver of inadmissibility under 

207(c)(3) is granted (which must be applied for on Form I-602). A notation along the bottom edge of the right 

hand corner is made to indicate what grounds were waived, i.e., section 212(a)(3), (9), (10), (12) ...etc. 

These documents are to be attached to the approved I-590 and placed in a sealed envelope for presentation 

by the refugee at the port of entry. The spouse and child of an alien who is accorded refugee status are 

entitled to the same status as the principle alien pursuant to 8 CFR 207(c)(2).


(c) Denial. 

In those cases which are denied, the applicant will be informed in writing the reason(s) for such denial. No 

appeal shall lie from such denial. 

(d) Processing by Consular offices. 

Designated consular officers may accept applicants and preliminarily process aliens for refugee status 

under this chapter if local circumstances make it impracticable for filing before an INS officer. Electronics 

security checks of Form G-325C will be processed and sent. An application will be required for each 

individual. Forms I-590, FD-258 (Fingerprint Chart), G-646, and G-325C will be completed. A completed 

G-651 will also be required if a priority benefit is claimed based on a family relationship. The consular officer 

may conduct a preliminary interview and other inquiry as he deems proper to establish the refugees general 

eligibility under this chapter. At the conclusion of the proceeding of a sufficient number of refugees, the 

consular officer will request an immigration officer (Circuit Rider) to interview the refugee to determine their 

eligibility for the status sought and admissibility to the United States. Upon tentative approval by the 

immigration officer, a medical examination and sponsorship agreement will be completed. The forms used in 

the processing will be placed in a sealed envelope for presentation by the refugee at the port of entry. 

OI 207.3 Inadmissible applicants. 

(a) General. 

If an applicant is determined to be inadmissible under one of the section 207(c)(30) of the Act, the 

applicant may apply for a waiver of inadmissibility on Form I-602. The required investigation will be in such 

depth as is deemed appropriate by the officer-in-charge to establish the propriety of the decision rendered. 

(b) Waiver granted. 

If a waiver is granted, the Form I-94 prepared for submission at the port of entry will be properly 

annotated to indicate section of law so waived, i.e., 212(a)(3), (9), (10), etc. this notation should be added 

along the bottom edge of the lower right box on the face of the Form I-94, making sure that sufficient room 

remains for the placing of the refugee admission stamp. The I-602 will be prepared to provide copies for the 

required report to Congress regarding waivers granted. Pages 2 and 3 shall be forwarded to CORAP for 

reporting to Congress. 

OI 207.4 Firmly resettled. 

The issued of "firmly resettled" shall be viewed in the light of 8 CFR 207.1(b). In order to support the effort 

to internationalize resettlement of refugee the following factors should be considered: (1) Do the 

circumstances indicate that the alien will be permitted to remain for an extended period of time in the third 

country? (2) Is the refugee accorded the same privileges made available to other alien residents of that 

country such as (i) opportunity to own property (ii) educational opportunities, (iii) issuances o travel 

documents and ease of travel, (d) availability of public assistance? Aliens being afforded such privileges by 

a third resettled. This presumption can be overcome by the submission of countervailing evidence. The 

burden of proof is upon the refugee to establish that firm resettlement has not been accomplished. 

OI 207.5 Applicants from non-established refugee countries. 

207.5 Applicants from non-established refugee countries. When an application is received from a 

prospective refugee who is fleeing from a country wherein he was last a resident, and that country has not 

been previously recognized as among refugees of special humanitarian concern or otherwise in the national 

interest, the views of the Department of State shall be requested by forwarding the application and a 

covering memorandum to the Director of Refugee and Parole, Central Office. Upon receipt of the State 

Department's views, a decision will be furnished the requesting office. 

OI 207.6 Document Disposition. 

207.6 Document Disposition. At the port of entry the Arrival and Departure Record Form I-94 is removed from 

the refugee's packet and the admission block stamped to read: 

Admitted as a Refugee Pursuant to 

section 207 of the Act. 

If you depart the United States


you will need prior permission 

to return. 

EMPLOYMENT AUTHORIZED. 

The period of admission shall be for one year. Form G-360 (File Transfer), shall be prepared at the files 

control office at the time of file creation. form F-360C will be sent to the approving overseas office in order 

that this office may purge its local index. The "A" file itself will be forwarded to the Examinations section of 

the appropriate files control office where it will be examined upon receipt. Form G-360B shall be removed 

from the "A" file and filed chronologically by date of refugee entry in Examinations as a call-up for final 

examination of the alien. 

OI 207.7 Refugee travel. 

Prior to the granting of permanent residence status to refugees admitted under section 207, a refugee travel 

document may be issued to facilitate foreign travel. See Part 223a of this Title for issuance of refugee travel 

documents (Form I-571) to refugee entrants who desire to travel abroad. 

OI 207.8 Following to join. 

(a) General. 

The principle alien while in refugees status or in LPR status after adjustment from refugee status (CO 

208-P dated 5-18-84), may request his/her spouse and children join him/her in the United States as provided 

for under section 207(c)(2) of the Act. To be eligible as a spouse and/or child who is "following to join" the 

relationship of spouse and/or child must have existed prior to the principal alien's approval as a refugee to 

the United States and relationship must also exist at the time the benefit at the time benefit is being sought. 

The request to have a spouse and/or child join the principal in the United States must be in writing. The 

request shall include the name, date of birth, place of birth and overseas address of each family member 

he/she wishes to join him/her in the United States. A spouse and/or child following to join a refugee who has 

been admitted to the United States as such does not have to qualify as a refugee; he/she will be processed 

in accordance with outstanding instructions for the processing of refugee applicants. The question of firmly 

resettled" is not germane in this processing. Those individuals having once established the required 

relationship will be given priority and a number will be deducted from the refugee quota of the principal alien. 

Since the spouse and child of a refugee seeking classification under section 207(c)(2) of the Act must not 

be person described in the second sentence of section 101(a)(42) of the Act, the Form G-646 must be 

completed by the applicants as part of the processing, and be made part of the record. Form I-590 may be 

useful in the processing of applicants and is to be utilized at the discretion of the district director. 

The applicant shall be notified in writing of the decision on the request to have a spouse and/or child join 

him/her in the United States. 

If a spouse or child is found to be ineligible for section 207(C)(2) status, a notice explaining the basis for 

denial shall be prepared and forwarded to the principal alien making the request. No appeal shall lie from 

such denial. 

(b) Spouse and/or child overseas or in the Western Hemisphere. 

The Service office in the United States will request the Department of State Visa Office, CA/VO/RAP, 

Room 1307, SA-1, 2401 E Street, N.W., Washington, D.C. 20520 (in writing) to send the "Visas 93" cable. A 

copy of the completed Form I-730 with copies of supporting documents should be mailed by the immigration 

office having jurisdiction to the Department of State. The Visa office will forward the "Visas 93" cable to the 

American Embassy or Consulate having jurisdiction over the area in which the dependent is located, with a 

copy to the district director in Rome, Bangkok or Central Office Refugee and Parole. (See appendix to 

OI207.8) The Embassy or Consulate, after completing the preliminary processing, will request an "A" number, 

the deduction of number from the numerical limitation for refugees, and an INS "Circuit Rider" to interview 

applicants. In those cases where the spouse and/or child is (are) located in remote areas, the District 

Director Rome or Bangkok will arrange to have an INS officer interview the aliens at that location or take 

other appropriate action. Central Office will arrange for the interview of section 207(c)(2) applicants in the 

Western Hemisphere. 

The following information must be obtained from the principal alien for the "Visas 93" cable; his/her name, 

date and place of birth, "A" number, address that will be the destination of those following to join, and the


name of the interested Voluntary Agency in the United States. The original of the completed Form I-730 with 

supporting documents should be placed in "A" file of principle applicant in the United States requesting 

benefit for immediate relative. 

(c) Spouse and/or child in the United States. 

The spouse and/or children of an alien admitted as a refugee, who have entered the United States as 

nonimmigrants, and is/are now applying for refugee status pursuant to section 207(c)(2) of the Immigration 

and Nationality Act, must have had the relation of spouse and/or child (as defined in section 101(b) (A), (B), 

(C), (D), or (E)) prior to the time the principal alien was approved to the United States as a refugee and 

relationship must also exist at the time the benefit is being sought. Such applicants will, upon the request of 

the principle alien in writing to the District Director having jurisdiction over the alien's place of residence, be 

provided with Form I-590. Upon the filing of Form I-590 if applicant(s) is/are found eligible under 207(c)(2) of 

the Immigration and Nationality Act, the field office shall create an "A" file, cancel the nonimmigrant visa, 

cancel the I_94, and endorse the reverse side to indicate "subject granted refugee side to indicate to join" as 

set forth in section 207(c)(2) of the Immigration and Nationality Act". The applicant shall be issued a new 

Form I-94, endorsed in the admission of box as follows: "status changed to refugee pursuant to 207(c)(2) of 

the Immigration and Nationality Act", on_____________, Employment Authorized. 

The new Form I-94, under the item "Visa issued at" shall indicate the former nonimmigrant status and date 

of admission. For the purpose of adjustment, the year of physical presence shall toll from the date that statu 

under section 207(c)(2) was acquired. The cancelled copy of the old I-94 and the newly issued I-94 should 

be copied for inclusion in the subject's "A" file. The old original should then be stapled to the new second 

copy of the I-94 and mailed to the appropriate office as listed in the nonimmigrant information system's (NIIS) 

instruction book. At the time such refugee status is granted, CORAP and COSTA shall be notified by wire of 

the number and nationality of the persons granted refugee status as outlined above. 

The fact that a spouse or child arrived in the United States before the principle was granted refugee 

status has no bearing on their entitlement to refugee status under section 207(c)(2). Additionally, their 

present immigration status and status at entry are not germane to eligibility under this section. 

OI 207.9 Termination of refugee status. 

In making a determination as to an alien's entitlement to the status of refugee at time of entry, the District 

shall be guided by the definition of refugee as contained in 101(a)(42) of the Act. 

Should the District Director determine that an alien was not entitled to refugee status at time of admission, 

he/she shall notify the alien in writing of the intent to terminate the refugee status. The alien will be informed 

that he/she has 30 days to present countervailing evidence as to why refugee status should not be 

terminated. A control system is to be established so that in 30 days the case will be reviewed for a final 

determination. Provisions may also be made to allow for a personal interview, if the alien so desires, prior to 

a final determination by the District Director. If after consideration of all the evidence, the District Director 

determine that the alien was not entitled to refugee status at time of admission, he/she shall notify the alien 

in writing, that his/her refugee status has been terminated, and that no appeal lies from the District Director's 

decision. The alien shall also be informed that the termination of refugee status does not preclude his/her 

seeking other benefits under the Immigration and Nationality Act, for which he/she is eligible. 

OI 207.10 Reporting grants and waivers of inadmissibility to Congress. 

Section 207(c)(3) of the Immigration and Nationality Act requires that the Attorney General shall provide for 

the annual reporting to Congress of the number of waivers granted under said section for the previous fiscal 

year and the reasons for granting such waivers. Form I-602, pages 2 and 3 are tear-off pages to be used for 

reporting to Congress. The portion of Form I-602, "Basis for favorable action" must be completed in all cases 

in which a waiver of inadmissibility is granted. 

APPENDIX TO O.I. 207.8 

VISAS NINETY-THREE 

1. Visas Ninety-Three. The Attorney General has approved admission under INA section 207(c)(2) of 

spouse and children of alien residing in the United States, provided that no known ineligibilities exist under 

INA section 212(a).


Consular officer is requested to furnish the alien(s) named above with a transportation letter, addressed to 

the supervisory immigration officer, United States Immigration and Naturalization Service, port of entry, as 

shown in 9 FAM Part IV, Appendix D, Services for INS Exhibit VIII B, identifying the alien(s), by name(s) of 

the Act. A copy of the cable authorizing admission of alien(s) should be attached to the letter so that the 

airline will not be subject to the fine imposed by section 273 of the Act. 

Please also furnish the alien(s) with a copy of the letter and cable to present to the supervisory immigration 

officer at the port of entry. Name(s) of refugee(s), date(s) and place(s) of birth, alien registration number(s), 

if applicable, name(s) and address(es) in the United States of relative(s) to whom destined, and 

relationship(s) will be given. Interest voluntary agency will be given in a separate paragraph.


OI 208 Procedures for asylum and withholding of deportation. [Removed 

6/24/97; TM 1]


OI 209 Adjustment of status of refugees and aliens granted asylum. 

OI 209.1 

OI 209.2 

OI 209.3 

OI 209.4 

OI 209.5 

General. 

Refugee admission for permanent residence 

Alien granted asylum 

Adjudication 

Terminal action 

OI 209.1 General. 

(a) Section 209 of the Act. Any alien granted asylum status will be processed for adjustment under section 

209(b) of the Immigration and Nationality Act (the Act), and 8 CFR 209.2. The Refugee Act of 1980 (Pub. L. 

92-212) repealed sections 203(a)(7) and 203(g) and (h) of the Act except for the alien who was granted 

conditional entry before April 1, 1980, or who was paroled before April 1, 1980 as a refugee and is eligible for 

the benefits of section 5 of Pub. L. 95-412. The Refugee Act of 1980 also amended section 203(g) of the 

Act, the Indochinese Refugee Adjustment Act (Pub. L. 94-145), and the Cuban Adjustment Act (Pub. L. 

89-732), to reduce the required period in the United States from two years to one year. 

(b) Paroled natives of Vietnam, Laos, and Cambodia. 

(1) Those natives or citizens of Vietnam, Laos, and Cambodia who were paroled as refugees on or after 

January 1, 1979 and before April 1, 1980 may be adjusted after one year in the United States pursuant 

to section 5 of Pub. L. 95-412 and 203(g) and (h) of the Act (use Form I-594, Notice to Appear for 

Adjustment of Status). Note, however, that any Indochinese eligible for retroactive adjustment of the 

Indochinese Refugee Adjustment Act or any other law is not eligible under section 5 of Pub. L. 95-412. 

(2) Those Indochinese natives and citizens who were paroled as refugees prior to January 1, 1979, and 

who are otherwise qualified under the Indochinese Refugee Adjustment Act, will continue to be 

processed under that Act, as amended (use Form I-485, Application to Register Permanent Residence 

or Adjust Status). 

(c) Conditional entrants. 

(1) Refugees who conditionally entered the United States before April 1, 1980 and have been here one 

year will continue to be inspected as provided in section 203(g) and (h) of the Act (use Form I-594). 

(2) If an applicant classified as a refugee within the proviso of former section 203(a)(7) of the Act has 

not previously been granted asylum and is now found to be a refugee within the meaning of section 

101(a)(42)(A) of the Act, the applicant may be deemed to have been granted asylum as of the date the 

application for adjustment of status was originally filed under the proviso. If more than one year has 

passed since the application was originally filed, the alien may be processed for adjustment of status 

under section 209(b) of the Act. 

(d) Applicants under Cuban Adjustment Act. Section 1 of the Cuban Adjustment Act (Pub. L. 89-732) of 

November 2, 1966, remains in effect. It has been, however, modified by the Refugee Act of 1980 to reduce 

the required period of physical presence in the United States after inspection and admission or parole from 

two years to one year. An alien who was paroled into the United States as a refugee under section 212(d)(5) 

of the Act before April 1, 1980, and who is seeking adjustment of status under section 1 of the Cuban 

Adjustment Act, is no longer subject to the provisions of paragraphs 212(a)(4), 212(a)(5)(A), 212(a)(5)(B), 

and 212(a)(7)(A)(i) of the Act. In addition, any other provision of 212(a) of the Act may be waived at the 

discretion of the district director, with the exception of paragraphs 212(a)(3)(A), 212(a)(3)(B), 212(a)(3)(C), 

212(a)(3)(E), and 212(a)(2)(C) insofar as it relates to drug trafficking (See OI 209.3.). Therefore, an alien 

seeking adjustment under section 1 of the Cuban Adjustment Act may renew an application for adjustment 

which was denied before April 1, 1980, if such denial was based on the alien's excludability under section 

212(a) of the Act. 

(e) Denied applications under Cuban Adjustment Act. A Cuban whose application under section 1 of the


Cuban Adjustment Act was denied because he or she was not inspected and admitted or paroled into the 

United States is not eligible to renew his or her application and obtain a "nunc pro tunc" asylum status as of 

the date the denied application was submitted. (It has long been held that an issue shall not acquire validity 

from a subsequent act). To apply the Refugee Act of 1980 "ex post facto" to the denial notice under section 

1 of the Cuban Adjustment Act would be improper. A Cuban under these circumstances should be advised to 

submit Form I-589, Request for Asylum in the United States, under section 208(a) of the Act. After 

complying with the physical presence requirement as an asylee, he or she may apply for adjustment of 

status to permanent resident pursuant to section 209(b) of the Act. 

(f) Paroled refugee. Any alien who was processed by the INS abroad and paroled into the United States as 

a refugee subsequent to April 1, 1980 and before May 17, 1980 shall be considered as having entered the 

United States as a refugee under section 207(a) of the Act. After one year, such refugee shall be inspected 

by a Service officer and if found otherwise eligible shall be admitted to the United States for permanent 

residence pursuant to section 209(a) of the Act and 8 CFR 209.1. 

OI 209.2 Refugee admission for permanent residence. 

(a) General. One year after the alien's entry as a refugee he or she shall be sent Form I-594 and scheduled 

for an interview. In addition, each alien must be furnished a Health and Human Services data sheet so that it 

may be completed and submitted at the time of interview. If the alien is found admissible after inspection in 

accordance with section 209(a) of the Act, he or she shall be processed on Form I-89, I-551 or I-586, Card 

Data Collection Form, and shall be given Form I-357, Welcome to the United States, upon the conclusion of 

the interview. The Form G-325A, Biographic Information, record check shall be completed on a post-audit 

basis. If a positive response to the Form G-325A record check is subsequently received, appropriate action 

shall be taken promptly pursuant to section 242 of the Act. 

(b) Approved applications. 

(1) In each approved case, Form I-181, Memorandum of Creation of Record of Lawful Permanent 

Residence, shall be completed and signed by the admitting officer. The date of entry for permanent 

residence is the date of arrival in the United States as a refugee. The port of entry for permanent 

residence is the location of the Service office completing the adjustment. The adjustment codes are: 

(i) Principal refugee, RE-6; 

(ii) Spouse, RE-7; or 

(iii) Child, RE-8. 

(2) The file copy of Form I-181 should be placed on the left side of the alien's A-File. 

(3) If the refugee, the spouse, or the child was admitted to the United States with a Form I-94, 

Arrival-Departure Record, bearing a revision date earlier than January 1, 1983, the alien's copy of the 

Form I-94 is to be stamped on the reverse, "Admitted 209(a)". Route this copy to Appalachian Computer 

Services, Leni Jackson Bldg. (NIIS Documents) P.O. Box 150, London, Kentucky 40741. 

(4) If the refugee, the spouse, or the child was admitted to the United States with a Form I-94 bearing a 

revision date of January 1, 1983 or after, the reverse side of the Form I-94 departure record is to be 

stamped "Admitted 209(a)". Route the departure record to the appropriate Document Control Center or 

keying center in accordance with instructions in the NIIS Processing Manual. 

(5) Complete Form I-89, I-551 or I-586, Card Data Collection Form, in accordance with the instructions 

on Form M-226, I-551 or I-586, Card Data Collection Manual (ADIT Manual). Forward the Form I-89, with 

the appropriate copy of the Form I-181, to the card facility for issuance of Form I-551. 

(c) Denied applications. If found inadmissible to the United States, the alien shall be furnished a new Form 

I-94 pending final decision on excludability and execution of a final exclusion order. The arrival copy of 

such newly issued Form I-94 shall be forwarded to the appropriate Document Control Center or keying center 

in accordance with instructions in the NIIS Processing Manual. 

(d) Terminal action. 

(1) The interested voluntary agency shall be given written notification of the results of the primary 

inspection accorded the applicant, including the applicant's last known address, and if found 

inadmissible, the reason(s) therefor.


(2) Forward the Health and Human Services form to: Data Analysis Unit, Office of Refugee 

Resettlement, Department of Health and Human Services, 370 L'Enfant Promenade, SW., Washington 

D.C. 20447. 

OI 209.3 Alien granted asylum. -- Eligibility. 

(a) Application. Form I-485, Application to Register Permanent Residence or Adjust Status, must be filed 

by each individual applicant for permanent residence. For those aliens 14 years of age or older, the 

application must be accompanied by Form G-325A and fingerprint card FD-258, which will be processed in 

accordance with OI 105.10. In addition, a Health and Human Services data sheet must be submitted with 

each application. 

(b) Physical presence in the United States. Every applicant, except an applicant eligible for adjustment of 

status under 8 CFR 209.2(a)(2), must have been physically present in the United States for a period or 

periods in the aggregate of at least one year after having been granted asylum. Each application, including 

an application filed by a spouse or child of an asylee, must be supported by evidence establishing the 

applicant's physical presence in the United States for the required period. 

(c) Status as a refugee. Every applicant, except an applicant eligible for adjustment of status under 8 CFR 

209.2(a)(2), must continue to be a refugee within the meaning of section 101(a)(42)(A) of the Act, or the 

spouse or the child of such refugee. However, an adjustment application may not be denied because the 

applicant is no longer a refugee, unless the record contains written evidence that the asylum office has first 

revoked the applicant's grant of asylum. The following factors should be taken into consideration in 

determining whether sufficient reason exists to refer the case to the asylum office for possible revocation of 

the applicant's asylum grant: 

(1) Changed country conditions. 

(i) If asylum status was granted prior to November 29, 1990, adjustment may be granted under 8 

CFR 209.2(a)(2), even though the applicant may no longer be a refugee because of changed country 

conditions. 

(ii) If asylum status was granted on or after November 29, 1990, and the applicant can no longer 

demonstrate that he or she continues to be a refugee due to changed country conditions, the case 

should be referred to the asylum office for consideration of revocation of asylee status. However, 

officers should keep in mind the difficulty of establishing that a given applicant can no longer 

establish a well-founded fear of persecution solely because of changed country conditions. Despite 

vastly improved country conditions, other factors may indicate that the applicant continues to be a 

refugee. Such factors may include, but are not limited to, severe persecution in the past or the 

continued possibility of localized persecution. Factors which, taken together with improved country 

conditions, may indicate that the applicant no longer continues to be a refugee, include, but are not 

limited to: 

(A) voluntary return to the country of alleged persecution; 

(B) application for and/or receipt of a national passport, passport renewal, or entry permit issued 

by the country of alleged persecution, or other voluntarily re-acquisition of the nationality of that 

country; and 

(C) application for and/or receipt of benefits from the country of alleged persecution. 

(2) Fraudulent acquisition of asylee status. If the applicant is found to have fraudulently obtained asylee 

status and the circumstances were such that the applicant would have been ineligible for asylee status 

on the true facts at the time asylee status was granted, the case must be referred to an asylum office. 

The referral should be accompanied by the sworn statement of the applicant which covers each of the 

areas in which the fraud is alleged to have been perpetrated and the claimed true facts at the time. 

(3) Commission of act mandating asylum denial under 8 CFR 208.14(c). If there is reason to believe that 

the applicant has committed an act which would have been the basis of a mandatory asylum denial 

under 8 CFR 208.14(c), the case should be referred to the asylum office. The referral should be 

accompanied by a sworn statement from the applicant and documentary evidence, if available, that the 

applicant has committed an act which would have been grounds for mandatory denial. 

(4) Firm resettlement in a third country. The applicant, including an applicant seeking adjustment under 8


CFR 209.2(a)(2), may not have been firmly resettled in a third country. Guidance on the meaning of 

"firm resettlement" can be found in 8 CFR 208.15. If there is reason to believe that the applicant has 

been firmly resettled in a third country, the case should be referred to the asylum office. The referral 

should be accompanied by the sworn statement of the applicant concerning the alien's journey from the 

country of persecution to the United States, the conditions of the alien's residence in the third country, 

and any other factors necessary to establish firm resettlement in the third country. 

(d) Referral memorandum to asylum office requesting review of refugee status. If the applicant appears 

not to be, or appears no longer to be a refugee within the meaning of section 101(a)(42)(A) of the Act, or the 

spouse or child of such a refugee, the case must be referred to the asylum office having jurisdiction over the 

applicant's place of residence for a review of the applicant's entitlement to refugee status. The adjustment 

application must be held in abeyance until a written decision is received from the asylum office either 

revoking or reaffirming the grant of asylum status. The complete file, accompanied by a memorandum signed 

by the supervisory examinations officer, must be forwarded to the asylum office. A copy of the applicant's 

sworn statement concerning the facts upon which the referral is being made should accompany the referral 

memorandum. The referral memorandum must contain the following information: 

(1) The date the applicant's asylum status was granted (NOTE: Many applicants who were granted 

asylum prior to November 29, 1990, continue to be eligible for adjustment of status even though they no 

longer meet the definition of refugee. (See 8 CFR 209.2(a)(2).); 

(2) A complete, concise explanation of the reason(s) the applicant appears to no longer qualify as a 

refugee; and 

(3) Other information or reference to sworn statements or other supporting documents which the referring 

officer believes to be relevant. 

(e) Admissibility to the United States. The applicant must be admissible to the United States as an 

immigrant at the time the adjustment is granted, with the exception of the provisions of sections 212(a)(4), 

212(a)(5)(A), 212(a)(5)(B), 212(a)(7)(A)(i) of the Act, and any other provisions for which the applicant has 

been granted an individual waiver. 

(NOTE: The requirements of section 245 of the Act, including the requirement that the applicant has 

been inspected and admitted or paroled, do not apply to asylee adjustments under section 209(b) of the 

Act). 

(f) Waivers. Any provision of 212(a) of the Act may be waived at the discretion of the district director, with 

the exception of paragraphs 212(a)(3)(A), 212(a)(3)(B), 212(a)(3)(C), 212(a)(3)(E), and 212(a)(2)(C) of the Act 

insofar as it relates to drug trafficking. 

(g) Waiver application. The application for a waiver shall be made by filing Form I-724, Application to Waive 

Exclusion Grounds, with the district director. The burden of proof is upon the applicant to establish that 

such waiver should be granted for humanitarian purposes, to assure family unity, or is in the public interest. 

The district director shall cause such investigation as is necessary to establish the facts and circumstances 

in the case. The applicant shall be notified in writing of the decision, and if the application is denied, the 

reason therefor. No appeal shall lie from a denial by the district director. 

(h) Exchange applicant. An applicant who has had the status of an exchange alien under section 

101(a)(15)(J) of the Act shall be eligible for adjustment under section 209(b) of the Act without regard to the 

foreign residence requirement of section 212(e) of the Act. 

(i) Medical examination. The applicant shall be required to submit to an examination by a selected civil 

surgeon as provided by section 234 of the Act. The medical report shall be incorporated into the record. 

(See OI 245.3 for medical examination of adjustment applicants.) 

(j) Refugee numbers. A refugee number must be available under section 207(a) of the Act. 

(k) Control of approved asylum numbers. Under section 209(b) of the Act, a total of not more than ten 

thousand asylees may be adjusted each fiscal year to the status of an alien lawfully admitted for permanent 

residence. An asylee, or a spouse or child of an asylee, may file an application to adjust status under 

section 209(b) of the Act after completion of the one-year period of physical presence, regardless of the 

availability of adjustment numbers. However, an adjustment number must be available at the time the 

application is approved and the adjustment granted. 

OI 209.4 Adjudication.


(a) Jurisdiction. When an application for adjustment of status to that of a permanent resident alien under 

section 209(b) of the Act is made by an alien whose asylum status has not been terminated, the decision on 

the application shall be made by the district director. If the application for adjustment of status is made after 

the institution of deportation or exclusion proceedings, the decision on the adjustment application and any 

relating requests for waivers of inadmissibility shall be made by the immigration judge. 

(b) Interview. Each applicant shall appear in person before an immigration officer for an interview. If the 

applicant cannot understand and speak English, he or she should be advised to bring an interpreter to the 

interview. The interview may be waived by the district director for children under 14 years of age, if the 

accompanying parents are themselves applicants for asylum adjustment. The applicant should be 

questioned concerning the factors described in OI 209.3(c) in order to determine whether the applicant 

continues to be a refugee. The applicant's physical presence in the United States, for a period or periods in 

the aggregate of at least one year after having been granted asylum, must be verified. 

(c) Asylee adjustment numbers. 

(1) Availability of asylee adjustment numbers is controlled by INS, Headquarters. The Office of 

Refugee, Asylum and Parole at Headquarters issues an asylee adjustment procedures memorandum and 

a computer print-out of approvable cases in February, June, and October of each year. Prior to 

approving the adjustment, the most recent memorandum and computer print-out must be consulted to 

determine whether a number is available for the applicant. If a number is not immediately available, the 

case must be held in abeyance pending visa number availability. 

(2) An asylee, or a spouse or child of an asylee, seeking adjustment under section 104(d) of the 

Immigration Act of 1990; Pub. L. 101-649, is not subject to the physical presence requirement and is 

exempt from the numerical restrictions of section 207(a) of the Act. (See 8 CFR 209.2(a)(2).) 

OI 209.5 Terminal action. 

(a) Approved applications. 

(1) In each approved case, Form I-181 shall be completed and signed by the admitting officer. The port 

of entry for permanent residence is the location of the INS office completing the adjustment. The date of 

approval and date of admission for lawful permanent residence shall be determined in accordance with 

the instructions on the asylum adjustment procedures memorandum accompanying the computer 

print-out of approvable cases. However, in no case will the date of admission for lawful permanent 

residence be earlier than the date asylee status was originally granted. The adjustment codes are: 

(i) Principal asylee, AS-6; 

(ii) Spouse, AS-7; or 

(iii) Child, AS-8. 

(2) The file copy of the Form I-181 is to be placed on the left side of the alien's A-File. 

(3) The applicant and his or her attorney, if any, shall be notified of the approval by use of Form I-181B. 

(4) 

(i) If the asylee, the spouse, or the child was issued a Form I-94 upon admission into the United 

States at a port of entry, the Form I-94 will need to be processed. Do not process any versions of 

Form I-94 which were issued to identify the alien as an applicant for asylum, an applicant for 

following to join status, an asylee, or a spouse or child granted status under section 208(c) of the 

Act, while the alien was inside the United States. 

(ii) If the asylee, the spouse, or the child has a Form I-94 bearing a revision date earlier than 

January 1, 1983, the alien's copy is to be stamped on the reverse, "Adjusted 209(b)". Route this 

copy of the Form I-94 to Appalachian Computer Services, Leni Jackson Bldg. (NIIS Documents), 

P.O. Box 150, London, Kentucky 40741. 

(iii) If the asylee, the spouse, or the child has a Form I-94 bearing a revision date on or after 

January 1, 1983, the reverse side of the alien's copy of Form I-94 departure record shall be stamped 

"Adjusted 209(b)". Route the departure record to the appropriate Document Control Center or keying


center in accordance with instructions in the NIIS Processing Manual. 

(5) Complete Form I-89, I-551 or I-586, Card Data Collection Form, in accordance with the instructions in 

Form M-226, I-551 or I-586 Card Data Collection Manual (ADIT Manual). Forward the Form I-89, with the 

appropriate copy of the Form I-181, to the card facility for issuance of Form I-551. 

(6) Form I-357 shall be delivered to every alien whose application for adjustment has been approved. 

The date of its delivery shall be entered on the record copy of Form I-181. 

(7) The adjudicator shall refer any person who requests a Social Security Card after adjustment to the 

nearest Social Security Office. 

(8) Forward the Health and Human Services form to: Data Analysis Unit, Office of Refugee 

Resettlement, Department of Health and Human Services, 370 L'Enfant Promenade, SW., Washington, 

D.C. 20047. 

(9) Section 207(c)(3) of the Act requires that the Attorney General provide for the annual reporting to 

Congress of the number of waivers granted under said section for the previous fiscal year, and the 

reasons for granting such waivers. Therefore, a photocopy of the entire Form I-724 (including 

Supplement A, if completed) must be forwarded to INS, Headquarters, to the attention of the Office of 

Refugee, Asylum and Parole for each approved asylum adjustment case in which Form I-724 was also 

approved. 

(b) Denied applications. 

(1) The asylum adjustment application may not be denied because the applicant appears not to be or 

appears no longer to be a refugee within the meaning of section 101(a)(42)(A) of the Act, or the spouse 

or child of such a refugee, unless the grant of asylum status has first been revoked, in writing, by the 

asylum office. After the asylum grant has been revoked, the asylum adjustment application may be 

denied and the case processed under the provisions of 8 CFR 236 or 8 CFR 242. 

(2) The requirements of 8 CFR 103.2(b)(3) must be complied with in all cases. This section allows an 

asylum adjustment applicant the right to inspect certain evidence and the opportunity to rebut certain 

derogatory information prior to issuance of a decision on the application. 

(3) A denial by the district director of an application for adjustment of status to that of an alien lawfully 

admitted for permanent residence under section 209(b) of the Act shall be in writing. The denial must 

articulate the grounds for denial. No appeal shall lie from the district director's decision. 

(4) In any case in which the asylum status has been revoked and the application for adjustment of 

status denied, the applicant shall be informed that he or she may renew the application before an 

immigration judge in exclusion or deportation proceedings. The applicant shall be further notified that, if 

expulsion proceedings are instituted, the alien may apply for withholding of deportation under section 

243(h) of the Act. 

(5) If the alien still meets the definition of refugee, but the application for adjustment of status must be 

denied on grounds for which a waiver either has not been sought, has been denied, or is not available, 

the applicant will continue in asylee status. If grounds for possible asylum revocation exist under 8 CFR 

208.24, the case must be referred to the asylum office for review in accordance with the procedures 

outlined in OI 209.3(c) and OI 209.3(d).


OI 211 Documentary requirements: Immigrants; waivers. 

OI 211.1 

OI 211.2 

OI 211.3 

OI 211.4 

Recording the entry of certain immigrant 

children admitted without immigrant visas 

Civilian employees of U.S. government 

stationed foreign 

Alien commuters 

Control of alien commuters 

OI 211.5 Returning resident claims I-151 or I-551 

OI 211.1 Recording the entry of certain immigrant children admitted without immigrant visas. [Removed 

6/24/97; TM 1] [Moved to M-450 chapter 13] 

OI 211.2 Civilian employees of U. S. Government stationed foreign. Removed 6/24/97; TM 1] [Moved to 

M-450 chapter 13] 

OI 211.3 Alien commuters. 

An immigrant alien who has been lawfully admitted for permanent residence may commence or continue to 

reside in foreign contiguous territory and commute to his United States place of employment. Such an alien 

is referred to as a commuter. There are two types of commuters, those who commute regularly, normally 

entering at least twice weekly, and those who enter to perform seasonal work for extended periods, but 

whose annual stay in the United States is for less than six months. The latter are referred to as "seasonal 

commuter", also known as seasonal workers. The seasonal commuter should be differentiated from the 

resident alien who has been physically present in the United States for more than six months in the 

aggregate during the past year and therefore is not to be considered within the commuter category. 

The provision of 8 CFR 211.5(d) relating to the validity of Form I-551 for reentry purposes when the Secretary 

of Labor has determined and announced that a labor dispute involving work stoppage or layoff of employees 

is in progress at a named place of employment, is applicable to all commuters, as described herein. Under 

its terms the regulation is inapplicable to commuters who are returning to continuous employment in the 

United States, which was commenced prior to an announcement by the Secretary of Labor dispute exists. 

Employment will be considered continuous in the ordinary meaning of the word. When the employment is 

seasonal or sporadic, it will be considered continuous if the alien involved has accepted no other employment 

in the United States between the periods of employment. While temporarily laid off by a U. S. employer, the 

acceptance of employment of short duration in Mexico will not break the continuity of his employment in the 

United States. (Revised) 

The address report filed by every commuter, must show his actual residence address even though it is not in 

the United States. An alien commuter who has been out of employment in the United States for six months 

shall, notwithstanding temporary entries in the interi for other than employment purposes, be deemed to have 

abandoned his commuter status, unless such employment was interrupted for reasons beyond his control. 

An alien commuter may not proceed toward naturalization until he has taken up actual permanent residence 

in the United States for the required statutory period. Residence in the United States, for this purpose, will 

begin with the commuter filing Form I-90 in person, without fee. Upon being issued replacement Form I-551, 

the Form I-151 or I-551 previously issued shall be surrendered. (Revised) 

OI 211.4 Control of alien commuters. 

Form I-151 for each commuter be grommeted in the lower right-hand corner of the photograph. Form I-151 for 

each seasonal commuter will be punched with the symbol "S" through the obverse lower left-hand corner. 

Form I-551 is not to be altered in any way. Statistics on commuters and seasonal commuters will be 

accumulated at ports of entry and reported monthly on Form G-23.1, Supplement A (See AM


2301.12.03-.12.04). Note that this report requires adjustment by reduction through change of status 

because of a commuter having moved into the United States to reside or is otherwise known to have 

abandoned commuter status. To insure that a alien commuter has remained eligible for that status by not 

having been out of employment in the United States for more than 6 months, except for circumstances 

beyond his or her control, the following procedure shall be used: Form I-151/I-551, Alien Registration Receipt 

Card, stamped by the issuing officer with the "admission" stamp and bearing a 1 1/4 inch by 1/2 inch 

open-faced numerical stamp in the ink color designated for the calendar year in which it will expire. The 

numeral to be used will correspond to the month 6 months later than the date the alien was last employed in 

the United States, as indicated by evidence presented by the alien. If the alien was last employed in the 

United States, for more than 6 months, but establishes that such unemployment was due to circumstances 

beyond his or her control, such as sickness or injury, the numeral to be used will correspond to the month 6 

months after those circumstances ceased to exist. For example, if the alien presents evidence indicating 

employment in the United States in January, the Form I-178 issued will bear the numeral 7; if the evidence 

shows last employment in June, the numeral will be 12. If the alien was employed for 8 months but 

establishes that serious illness during the last 3 months ending during December prevented working, the 

numeral shall be 6. The numeral appearing on the form signifies that the form wil expire on the last day of 

the month indicated. The ink colors for the following calendar year are: 1985 - Black, 1986 - Red, 1987 - 

Green, 1988 - Brown. The rotation of colors as set forth above will be repeated beginning with calendar year 

1989. the numerical stamp shall be affixed in the space to the right of that provided for the "admission" 

stamp. 

An applicant for admission as a commuter without Form I-178, including a person who alleges loss of the 

form, or with an expired Form I-178, shall be processed as if eligibility for commuter status was being 

determined for the first time. 

Such applicant shall be given written notice on Form I-176 that evidence of current employment must be 

delivered at the port of entry on a specific date and time. The evidence to be considered for eligibility for 

Form I-178 may include a current employment letter or payroll slip. If not currently employed, the applicant 

must furnish evidence as to the date on which the employment ceased. If unemployed for more than 6 

months, and the alien claims this was due to circumstances beyond control, such as illness or injury, the 

alien must submit evidence thereof including evidence of when the alien appears with the required documents 

and appears to have maintained eligibility for commuter status, the alien shall be issued form I-178, on which 

the "A" number shall be endorsed and which shall be stamped with the appropriate open-faced numeral and 

"admission" stamp. 

Evidence of employment submitted by a commuter shall be returned to the alien. 

When an alien commuter takes up actual permanent residence in the United States, the alien shall submit in 

person a fully executed Form I-90 (without fee) ad two current photographs, with the previously issued 

grommeted Form I-151 to the Service office of jurisdiction, requesting issuance of replacement Form I-151. 

OI 211.5 Returning resident claims I-151 or I-551 lost [Removed 6/24/97; TM 1] [Moved to M-450 chapter 

13]


OI 212 Documentary requirements: Nonimmigrants; waivers; admission of 

certain inadmissible aliens; parole. 

OI 212.1 

OI 212.2 

OI 212.3 

OI 212.4 

OI 212.5 

OI 212.6 

OI 212.7 

OI 212.8 

OI 212.9 

OI 212.10 

OI 212.11 

OI 212.12 

OI 212.13 

App1 to 212.1 

App.to 212.8 

App2 to 212.8e 

App3 to 212.8 

Nonimmigrant documentary waivers 

Consent to reapply 

Application for the exercise of 

discretion under section 212(c) 

Applications for section 212(d)(3) 

discretion 

Parole 

Nonresident alien border crossing cards 

(Blue page) 

Sections 212(g), (h), and and (i) of the 

Immigration and Nationality Act, as 

amended 

Other excludable grounds 

Cancellation of nonimmigrant visas by 

immigration officers 

Counterfeit nonimmigrant visas presented 

by imposters 

Returning aliens refused immigrant visas 

in Canada 

Waiver of certain technical defects in 

immigrant visas 

Parole determinations of Mariel Cuban 

Aliens in Service custody 

Department of State (certain 

foreign passports; validity) 

Exchange-visitor skills list 

Amendments to exchange visitor 

skills list 

Special immigration status for 

certain foreign medical graduates 

OI 212.1 Nonimmigrant documentary waivers. 

(a) Members of United States Armed Forces and Forces of NATO countries. 

Since alien members of the United States Armed Forces and members of the forces of NATO countries 

entering the United States under orders are not subject to immigration control, they need not be inspected 

nor are they required to present passports or visas. For the procedures followed when alien in either of 

these classes request inspection as an alien, see 8 CFR 235.1. 

(b) Aliens residing in Canada or Bermuda.


The waiver of passport and visa requirements provided by 8 CFR 212.1(a) is applicable to citizens of the 

following countries: Australia, Bahamas, Bangladesh, Barbados, Botswana, Canada, Cyprus, Dominica, Fiji, 

Gambia, Ghana, Grenada, Guyana, India, Ireland, jamaica, Kenya, Losotho, Malawi, Malaysia, Malta, 

Mauritius, Naura, New Zealand, Nigeria, Papua New Guinea, St. Lucia, St. Vincent, Seychelles, Sierra 

Leone, Singapore, Sri Lanka, Swaziland, Tanzania, Tonga, Trinidad and Tobago, Uganda, United Kingdom, 

(including colonies, territories, and dependencies, such as Hong Kong, Bermuda, Belize, etc., Western 

Samoa, Zambia, Zimbabwe. The waiver is not available to the bearer of a Certificate of Identity or other 

"stateless persons's" document issued by the governments of the above countries as such person is not 

considered a national of the country that issued the document.) In addition, British subject and their families 

attached to various Canadian and British government organizations in Canada, including the military, though 

not "landed immigrants" may be regarded as residents of Canada. All foreign trainees in Canada under the 

auspices of the International Development Assistance 

Programme will have in their possession an identity card issued by the Canadian International 

Development Agency. Students or trainees who are nationals of the countries named above may be admitted 

upon presentation of a valid identity card and a passport (for identification purposes). (Revised) 

A "Landed Immigrant" in Canada who does not qualify for the waiver of passport and visa requirements 

provided by 8 CFR 212.1(a) who seeks admission from Canada, or from Mexico if he has visited no countries 

other than Mexico and the United States since departing Canada, as a visitor for business or pleasure may 

be admitted on presentation of a Canadian border crossing identification card issued by an American 

consular officer pursuant to 22 CFR 41.129, in lieu of a B nonimmigrant visa, in a passport issued by the 

government of the country of his nationality or a certificate of identity, whether valid or expired, which 

contains evidence of status as a "Landed Immigrant" in Canada. 

An alien arriving from the Cayman Islands or the Turks and Caicos Islands on a flight which stopped at a 

foreign place while en route to the United States but who did not disembark from the aircraft and continued in 

direct transit on board the aircraft to the United States, shall be considered to be "arriving directly" as 

required by 8 CFR 212.1(a). 

(c) Applicability. 

Except for a K nonimmigrant, who must be visaed, the provisions of 8 CFR 212.1 apply irrespective of the 

alien's classification upon admission or extension. 

An alien who has been admitted to Puerto Rico or the Virgin Island pursuant to 8 CFR 212.1(b) and who 

has an emergent and meritorious reason for visiting the continental United States may be authorized to do 

so. The reverse of the aliens's Form I-94 shall be noted that permission has been granted to proceed to the 

continental United States pursuant to the proviso of 8 CFR 212.1(b). 

(d) Adjacent islands. 

For the purposes of 8 CFR 212 only the term "adjacent islands" includes French Guiana and Surinam. 

(e) Waivers for alien crewmen. 

For special procedures relating to section 212(d) (4) (A) visa and for passport waivers for alien crewmen 

and crew list visa waivers see OI 251.1(b). 

(f) Citizens of the Freely Associated States who were formerly citizens of the Trust Territory of the 

Pacific Islands. 

With enactment of P.L. 99-239, Compact of Free Association, citizens of the Marshall Islands and, the 

Federated States of Micronesia are eligible to enter, reside, work and join the armed forces of the United 

States, while remaining in nonimmigrant status. Upon presentation of a Trust Territory passport, which will be 

honored pending issuance of travel documents by the newly formed governments, each applicant for 

admission will be issued Form I-94 annotated as follows: Forms I-94 issued to citizens of the Marshall islands 

will be stamped with the admission stamp followed by the notation CFA/MIS. For citizens of the Federated 

States of Micronesia the notation will be CFA/FSM. for record keeping and reporting purposes, all such I-94's 

will be entered into the Nonimmigrant Information System (NIIS). (Added TM 1/87) 

OI 212.2 Consent to reapply. 

Except as provided in 8 CFR 212.2(a), (b) or (f), a Form I-212 application and fee shall be required of every 

alien who seeks permission to reapply, even if filed in connection with another proceeding before a district


director in the United States, an immigration officer in charge stationed abroad, a special inquiry officer, or an 

American consul. 

Since the grant of permission to reapply removes for all subsequent entries excludability resulting from prior 

deportation or removal, the same standards must be applied whether the applicant seeks temporary 

admission as nonimmigrant or admission for permanent residence. When consent to reapply is granted upon 

an application therefore, or when it is found that consent is not necessary, the copy of the application form, 

noted to show granted or that consent is not necessary, shall be used to notify the applicant that his 

application has been granted or that consent to reapply is not necessary. If the applicant does not require a 

visa, one copy of the approved application shall be returned to him with instructions to present it when 

applying for admission. If the application is denied by a district director, the provisions of OI 3.1(b) shall be 

followed. 

An order prepared by the Immigration Inspector in Charge at Montreal recommending denial shall be certified 

to the Regional Commissioner, Burlington, who, if he concurs in the denial, shall endorse the order and return 

the record material to the Inspector in Charge for concluding action. (TM 1/87) 

OI 212.3 Application for the exercise of discretion under section 212(c). [Removed 6/24/97; TM 1] [Moved 

to M-450 chapter 17] 

OI 212.4 Application for section 212(d) (3) discretion. 

(a) General. 

Before an application pursuant to section 212(d) (3) (B) is granted, Form G-325A checks shall be made if 

the alien is excludable on criminal, immoral, narcotic, or subversive grounds, unless responses to such 

previous checks are less than twelve months old when the decision is made. Such checks are not required 

for an alien who is transiting the United States without a visa on a direct through flight, or on the earliest 

available onward foreign destined plane or vessel; neither an application form nor fee shall be required of 

such transiting alien 

When a check of Central Office records is deemed necessary, it shall be requested in the following 

telegraphic format: "CORE SECTION 212(d) (3). BEDAC `A' NUMBER AND CIPAK (or CIMOW) BAFEL 

(followed by alien's name, place and date of birth, and any other identifying data)." Any positive reply will be 

dispatched the day the request arrives. If no response is received within 2 days of the request, it shall be 

assumed that the record check has been made with negative results; the application shall be processed and 

a file opened on that assumption. 

All section 212(d) (3) decisions shall be prepared in such a manner that they will not require classification 

under Executive Order No. 11652 of March 8, 1972 (37 F.R. 5209), effective June 1, 1972. The alien's file 

number, if any shall be indicated in each authorization. 

For conditions relating to C-2 transits or other aliens to be restricted to the immediate vicinity of the United 

Nations Headquarter District, see 8 CFR 214.2(c) (2). At the time of admission or parole such an alien shall 

be given Form NE-142. 

Blue page OI212.4(a) 

Former alien deserters at large who participated in the Discharge Review Program during the period April 5, 

1977 to October 31, 1977 are excludable under the provisions of section 212(a) (22) of the Act. However, 

sympathetic consideration should be accorded applications for 212(d) (3) waivers from former deserter 

nonimmigrant applicants for admission. 

For procedures relating to SPLEX aliens, see OI 214.2 (b) and OI 235.1(c) (2). For procedures relating to 

CHINEX aliens, see OI 214.2(j) (7) and OI 235.1(c) (3). Added 

All visas issued pursuant to section 212(d) (3) (A) will be noted by the consul by the consul to show that 

fact, indicating the subsection of 212(a) under which inadmissible, the duration of stay authorized, the port 

entry (if specified in the order), and an indication of the purpose of the visit: e.g., "212(d) (3) (A): (9) and (28) 

- 4 months, N.Y., N.Y., conference, Ford Motor Company". When, in accordance with the following 

subparagraph, the section 212(d) (3) (A) authorization contains the restriction that there shall be no 

extension of stay or deviation from the itinerary without prior approval of the Washington district office, the 

consular notation on the visa will be: e.g., "212(d) (3) (A): (28) - WAS - 4 months, N.Y., N.Y., conference, 

Ford Motor Company". Waiver issued at the Central Office level will be noted "212(d) (3) (A); (28)-COADJ".


The alien's itinerary which is set forth in the authorization is for information purposes and is not a 

condition of his/her admission unless the order portion of the authorization expressly provides that there 

shall be no extension of stay or deviation from the itinerary without prior approval of a specified Service 

office. This restriction shall appear in the order when the alien holds a high position in the Communist Party 

or in a Communist-dominated government, or is entering the United States as a SPLEX or CHINEX alien, or 

when it is deemed desirable that the restriction appear in the order. Only in cases where this restriction is 

invoked must the order specify the port of entry; where multiple entries are authorized in such a case, the 

port of entry need be specified only with respect to the initial entry. Whenever this restriction appears in a 

section 212(d)(3)(A) order on other than a SPLEX or CHINEX alien, or an alien admitted as a C-2 

nonimmigrant pursuant to the United Nations Headquarters Agreement, the Washington district office shall be 

the specified Service office which may authorize the approval of an extension of stay or deviation from the 

itinerary, and the relating Service file shall be forwarded to that office after the section 212(d) (3) (A) order 

has been entered, for its use in that connection. In the case of C-2 nonimmigrants, the New York district 

office shall be the specified office which may authorize a departure from the 25 mile radius of Columbus 

Circle, New York City, New York, to which C-2 nonimmigrants are limited by 8 CFR 214.2(c) (2). Whenever 

this restriction appears in a section 212(d) (3) (B) order, the office granting the section 212(d) (3) (b) 

authorization shall be the specified Service office authorized to approve an extension to stay or deviation 

from itinerary. Section 212(d) (3) (A) orders in SPLEX and CHINEX cases will be issued by the Washington 

district office and shall specify that no extension of stay or deviation from the itinerary is to be authorized 

wihout prior approval of a local office of the Immigration and Naturalization Service. The local Service office 

adjudicating a SPLEX or CHINEX aline's application for extension of stay, deviation from the itinerary or 

change of nonimmigrant status pursuant to OI 214.2 (b) or OI 214.2(j) (7) respectively shall obtain the 

relating file. (Revised) 

Blue Pages OI 212.4(b) 

(c) Distribution of decisions. 

An authorization for admission pursuant to section 212(d)(3)(A) will be made by placing the district office 

approval stamp on the request form received from the Department of State. This request form will either 

be a telegram or a memorandum from the visa office or a consular post. Any travel restrictions will be 

handwritten under the approval stamp. The approving officer shall sign the transmittal above the approval 

stamp. The original of the transmittal shall be placed in an existing A file or if no A file exists in the alpha 

file. If the authorization is pursuant to section 212 (d)(3)(B), Form I-194 will be used. The applicant and 

the officer in charge of the designated port(s) of entry shall be furnished a copy of the I-194. If the 

authorization is pursuant to section 212(d)(3)(A), the consulate or visa office shall be furnished a copy 

of the authorization. 

Upon the arrival of an alien who is the subject of an order pertaining to excludability under section 

212(a)(28), the port of entry shall notify the local office of the FBI of the alien's arrival, destination and 

intended period of stay. The notification shall be accomplished by forwarding a machine copy of the 

duplicate Form I-94 or any other method agreeable to the local FBI. 

In an emergent case (see paragraph (g) of this OI) when the State Department or consulate is furnished 

advance notification of a grant of the authorization so that the visa may be issued prior to receipt of the 

written decision, the notification shall set forth all the conditions and limitations in order that they may be 

endorsed in the alien's passport. 

(d) Revocation of section 212(d)(3) or (4) waivers. 

When a district director is notified of the revocation of a section 212(d)(3) or (4) waiver, or the district 

director revokes such a waiver, he shall inform the alien in writing that the waiver previously authorized 

in his behalf under section 212(d)(3) or (4) of the Act has been revoked and that his nonimmigrant status 

has been terminated pursuant to 8 CFR 214.1(d). Any relating Service documentation containing the 

notation that a section 212(d)(3) or (4) waiver was granted shall be stamped ''Revoked - 8 CFR 214.1(d).'' 

When a section 212(d)(3) authorization is revoked and an unexpired nonimmigrant visa is cancelled 

pursuant to 22 CFR 41.122(e), the word ''CANCELLED'' shall be stamped on the visa followed by the 

alphabetical code symbol of the Service office, ''WAIVER REVOKED'' and the date thereof. The consular 

officer who issued the visa shall be notified of the cancellation on Form I-275. 

Before revoking a section 212(d)(4) waiver, the consular officer who concurred in the waiver or, when 

appropriate, the Director of the Visa Office shall be consulted as expeditiously as necessary for an 

expression of his views. For visa cancellation procedure, see OI 212.9; for OSC procedure, see OI


242.1(a). 

Blue Page OI 212.4(f) 

(2) Subsequent to alien's arrival. 

If an alien requests an extension or deviation in itinerary through a Service office other than the one 

which may be specified in the section 212(d)(3) order as authorized to approve the request, the receiving 

office shall ask the office specified in the order to make the decision. When the Washington District is 

the specified office, it shall consult the Visa Office, Department of State, before acting on the request, 

and shall inform the Visa Office as well as the Service office (if other than the Washington District 

Office) through which the request was submitted, of the decision made on the request. The office to 

which the alien submitted the request shall endorse the action taken, including details of any deviation in 

itinerary, on any application or other request submitted by the alien, and shall also note the alien's I-94 

to reflect such action. (For requests by SPLEX aliens see OI 214.2(b).) For requests by CHINEX aliens, 

see OI 214.2(j)(7). 

Application to depart from the 25 mile radius of Columbus Circle, New York City, New York by aliens 

admitted with section 212(d)(3)(A)(28) waivers pursuant to the United Nations Headquarters Agreement 

shall be made to the District Office, New York City. Prior to acting on such a request, that office shall 

consult with the Visa Office, Department of State, before acting on the request and shall inform the Visa 

Office of the decision made on the request. The action taken shall be endorsed on any application 

submitted by the alien, and the alien's I-94 shall be noted to reflect such action. 

Blue Page OI 212.4(f)(2) 

(g) Emergent request by consular or other official of the State Department. 

In any case, because of an emergent situation in which a consular or other official of the Department of 

State orally requests that a section 212(d)(3)(A) authorization be granted expeditiously, advice as to the 

Service decision reached may be communicated orally. In such a case the authorizing officer shall make 

certain that all information required for preparation of the Form I-194 written order is furnished by the 

requesting official, and the authorizing officer shall have the form I-194 prepared immediately and shall 

distribute the copies in accordance with paragraph (c) of this OI. 

The requesting official shall forward a written request to the Service office concerned within two working 

days of the oral request. The written request shall furnish data specified in 8 CFR 212.4(a) and the 

results of appropriate security checks if available. The authorizing officer shall follow-up to insure that 

timely written request is received and, if results of security checks were not known at the time of the 

authorization, that such results are post-audited. The written request will be endorsed and distribution of 

copies will be made as required by OI 212.4(c). 

(h) Crewman on Communist-controlled vessels. 

The Associate Commissioner, Examinations, furnishes to ports of entry information regarding the 

anticipated arrival of all Communist-controlled vessels. CO file 1208 relates to the admission of crewmen 

on Communist-controlled public vessels while CO 1209 relates to the admission of crewmen on 

Communist-controlled merchant or private vessels. A section 212(d)(3)(B) authorization prepared for the 

crewmen on such vessels will be written under either file CO 1208 or CO 1209, whichever is appropriate. 

In either case, the name of the relating vessel shall be included as part of the file number (e.g. CO 1208 

- Filipp M. Molotov). No individual ''A'' file will be created for the crewmen included in the authorization 

unless derogatory information, other than mere membership in a subversive organization, is developed 

during inspection, or unless positive data is received in response to security checks. It may be 

presumed that all crew members on Soviet Bloc vessels are members of the Communist party, therefore 

there is no need to question individual crew members as to party membership or affiliation. 

The original of the section 212(d)(3) authorization will be forwarded to the Associate Commissioner, 

Examinations, ATTENTION: COINS for inclusion in the appropriate subfile. Copies of the authorization will 

be distributed in accordance with OI 212.4(c). In every case where an ''A'' file relating to an individual 

member of the crew is already in existence or is created because of the issuance of the authorization, a 

copy of the authorization shall be placed in the ''A'' file. 

(i) Authorization on behalf of multiple beneficiaries. 

When an authorization is written for more than 3 aliens who are inadmissible to the United States under


section 212(a)(28) and they are coming to the United States as a group, the authorization shall be 

written under a subject file opened and maintained by the office authorizing the admission. If the group is 

readily identifiable, such as the Bolshoi Ballet or the Moscow Circus, the subject file shall be indexed 

under the group name; if the aliens are the subjects of an authorization because they are all destined to 

a particular scientific or cultural conference or gathering, the subject file shall be indexed under the 

name of the conference or gathering. When an authorization involves aliens who are part of a travel tour 

sponsored by a travel agency such as CEDOK, the subject file shall be indexed under CEDOK Travel 

Agency. In the event more than one authorization is written to cover CEDOK tours, each subsequent 

authorization shall be numbered to distinguish one tour from another; all such authorizations shall be 

filed under CEDOK Travel Agency. ''A'' files relating to individuals shall be created as specified in AM 

2702.02(a)(14). Lists of names and itineraries shall be attached to Form I-194 or to a narrative 

authorization, as appropriate. 

OI 212.5 Parole. 

(a) Authority. 

The authority of a district director to parole shall not be exercised below the level of an officer in charge 

or an immigrant inspector in charge of a port of entry. The sole ''parole'' status authorized by the 

Immigration and Nationality Act and Service regulations is set forth in section 212(d)(5) of the Act; that 

extraordinary authority shall be exercised with discretion and shall not be utilized if the case under 

consideration can be satisfactorily disposed of under any other provision of the Act. Responsibility for 

each parole rests with the district director having jurisdiction over the paroling office. Except as 

specifically provided in paragraph (c) of this OI, advance authorization for the parole of an alien outside 

the United States, except from an area adjacent to our land borders, prior to commencement of his 

journey to the United States shall be made at the Central Office level. An immigrant shall not be paroled 

to overcome unavailability of an immigrant visa number except when the Secretary of Defense requests 

that the alien be paroled in the national interest. 

(b) Applicants for admission. 

Parole may be authorized if the district director determines that a case is within the strict statutory 

limitations. Congress has also authorized the parole of crewmen within the provisions of section 253. 

Unless emergent considerations dictate or asylum is granted, an alien seeking admission across the land 

borders shall not be paroled but shall be advised to remain in the adjacent country pending decision in 

this case. 

The Office of Soviet Union Affairs, Room 4219, Department of State, telephone 202 632-9369, should be 

notified by telegram or telephone concerning a Soviet crewman for whom repatriation arrangements have 

not been made and who was paroled for medical treatment but is unable to return to his vessel after 

completion of medical procedures due to physical disability, or because the vessel has left the area, or 

because of other reasons. 

Any Polish seaman serving aboard a Polish fishing vessel or fishery support vessel who is evacuated 

from his vessel to the United States for emergency medical treatment shall be allowed 7 days after 

release from the hospital within which to depart. During the period that the seaman is in the United 

States, he shall remain under the supervision of a local agent for the Polish fishing company. 

(c) Advance authorization. 

The ''Remarks'' block of Form I-512 shall show the basis for parole; by whom it was authorized; whether 

the alien is to be paroled or re-paroled upon arrival; and, for a nonimmigrant, it shall also show the 

period of parole. Authority to issue Form I-512 shall not be redelegated below the level of Assistant 

District Director for Travel Control. 

When the parole applicant falls within classes (1) through (5) of the 4th subparagraph, his photograph 

must be affixed to the original copy of Form I-512. The original of Form I-512 shall be impressed with the 

Immigration and Naturalization Service masceration die so that the stamp is partly on the alien's 

photograph; Form G-325A checks shall be made unless the file reflects that such checks were 

previously made or the applicant is a Cuban national in possession of an appointment letter furnished by 

a United States consular officer in Nassau, Bahamas, or Port-of-Spain, Trinidad, advising him to apply 

for Form I-512. However, in the case of an alien departing under emergent circumstances, checks may 

be made on a post-audit basis.


Form I-512 shall be immediately issued pursuant to a request in behalf of a beneficiary spouse and 

children outside the United States under class (1) of the next subparagraph, except that the validity date 

shall be left open. Form I-512 shall be forwarded to the American consul having jurisdiction over the 

beneficiary's place of residence with the request that his records be appropriately checked and the 

medical examination required by 22 CFR 42.113 be conducted. If no adverse information exists and the 

beneficiary is found medically qualified, the consuls should be requested to attach a copy of Form 

FS-398 to the Form I-512, endorse Form I-512 valid for a period to expire in 4 months and deliver it to the 

beneficiary. If adverse information exists or the beneficiary does not qualify medically, the consul shall 

be requested to return From I-512 to the issuing office with such adverse information or a copy of Form 

FS-398, as appropriate. The interested party in the United States shall be notified that Form I-512 has 

been issued and forwarded to the United States consul for completion of processing including medical 

examination and that it will be delivered to the beneficiary if otherwise found qualified; similarly, the 

interested party shall be notified of an adverse decision. 

Forms I-512 may be issued to the following classes unless reasons of national security or public order 

dictates otherwise: (1) A member of the professions or a person having exceptional ability in the 

sciences or the arts who, on the basis of prior Service policy, had been granted voluntary departure for 

the duration of the validity of a third-or sixth-preference petition approved on his behalf, or to such a 

member or person who is a Western Hemisphere native and had applied for an immigrant visa and who 

had been granted voluntary departure under that policy, who is going abroad in connection with the 

qualifying profession, art, or science, or to bring his spouse and children to the United States, and to the 

spouse and children of such member or person who are abroad, notwithstanding that the principal 

beneficiary may have filed an application for adjustment to permanent resident status under section 245 

of the Act; (2) A refugee from Cuba who is in parole or voluntary departure status, or other alien who has 

been granted asylum and is in parole or voluntary departure status in the United States, who intends to 

depart temporarily to apply for a U.S. immigrant visa in Canada and is in possession of an American 

consul's letter of invitation to apply; a Form I-512 issued in such case shall be endorsed ''This person is 

in refugee status in the United States.'' and shall be limited to one trip for the time necessary for its 

completion; (3) An alien whose adjustment of status application is being held in abeyance within the 

purview of OI 245.4(a)(6) and who seeks to depart temporarily from the United States for any bona fide 

business or personal reason; or any other alien whose adjustment of status application is pending and 

who, before a decision can be made thereon, finds it necessary to depart temporarily for emergent 

personal or bona fide business reasons; (4) A lawful permanent resident who, prior to embarkation 

abroad, has applied to a Service office abroad for a duplicate Form I-551 or for a visa waiver under 

setion 211(b), but who, because of emergent conditions, must embark before action can be completed 

on his application; (5) An alien who is not an exchange alien subject to the foreign residence 

requirement, is not the beneficiary of a private bill and is not under deportation proceedings, in whose 

case parole has been authorized by the district director because of emergent or humanitarian 

considerations; and (6) An alien in whose case parole prior to embarkation abroad has been authorized 

by the Central Office. 

Notwithstanding the foregoing, issuance of travel documents to conditional entrants or other refugees in 

the United States shall be governed by 8 CFR 223a and OI 223a, except that Form I-512 may be issued 

to an alien within class (2) above. 

Conditional entrants desiring to travel abroad shall not be issued Form I-512. See OI 223a for issuance 

of refugee travel documents to conditional entrants who desire to travel abroad. 

Parole authorization on Form I-512 may be issued to a principal alien in class (1) by the district director 

having jurisdiction over the place where the principal alien resides in the United States, and sent to the 

alien. Return of the principal alien shall be required within 4 months of the date of issuance of the parole 

authorization, except that the return of an alien who will be abroad in connection with his qualifying 

profession or occupation shall be required within the time needed for such purpose, not to exceed one 

year from date of issuance of the parole authorization. The ''Remarks'' block of Form I-512 shall set forth 

the time to which the alien may be paroled and the conditions for re-parole. In the case of the beneficiary 

of a third- or sixth-preference petition, or his spouse and children, the parole shall be authorized for an 

indefinite period until an immigrant visa becomes available, conditioned upon retention of the status 

established in the approved petition. 

When requested by an alien in class (3) above, parole authorization on Form I-512 may be issued by the 

district director having jurisdiction over the alien's adjustment application. The following language shall be 

inserted in the remarks portion of the Form I-512: ''This authorization will permit you to resume your 

application for adjustment of status on your return to the United States.'' 

The return of such an alien to the United States shall be required within 2 months of the date of issuance


of the Form I-512, and upon his return he shall be paroled for an indefinite period provided his prima facie 

eligibility for adjustment continues except for the unavailability of an immigrant visa number. 

Form I-512 may be issued valid for multiple applications for parole into the United States. Generally, 

multiple applications will only be issued to a principal alien in class (3) who for business purposes 

frequently departs the United States. Such authority will only be granted on a case-by-case basis 

depending on the stated or established need for multiple departures and reentries. The ''Remarks'' block 

of Form I-512 shall be noted that the document is valid for multiple applications during its validity. Upon 

applicant's return to the United States the document will be stamped at the port of entry showing the 

arrival date and if still valid returned to the applicant for future use. 

The district director will fix the date by which the return of an alien in class (5) will be required, 

consistent with the purpose of the emergent or humanitarian factors considered in authorizing the parole. 

When a parole request for an alien who does not come within the above classes is received by a field 

office and it appears that the request is extremely meritorious, a complete report shall be expeditiously 

submitted to the regional office. If that office finds that parole is warranted, a telephonic or telegraphic 

report shall be submitted to the Associate Commissioner, Examinations. 

For control procedures on parolees see OI 235.11. 

Blue Page OI 212.5(c) 

(d) Removed. 

(e) Nonresident aliens serving aboard U.S. based fishing vessels. 

Nonresident aliens employed on a United States based fishing vessel arriving at a port of entry may not 

be classified nor admitted as nonimmigrants pursuant to the provisions of Section 101(a)(15)(D) of the 

Immigration and Nationality Act. Consequently, it will be necessary for such aliens to present immigrant 

visas or evidence that they previously have been lawfully admitted for permanent residence. Any such 

alien, arriving without proper documents to enter the United States, should be detained on board the 

vessel except in cases where entry can be clearly justified as being for reasons deemed strictly in the 

national interest or for emergent humanitarian needs. If such justification is furnished, parole may be 

authorized under Section 212(d)(5) of the Act. 

OI 212.6 Nonresident alien border crossing cards. 

Blue Page OI 212.6 

If a Central Office record is located showing that a prior border crossing card has been voided within the 

past 12 months or that the alien has been apprehended in the United States and granted voluntary 

departure without creation of an ''A'' file, the record and the original Form I-190 shall be returned to the 

submitting office. If a record of an ''A'' file is located, the original Form I-190 with the file number 

endorsed thereon will be stamped ''Comply with OI 212.6(a)(1)'' and will be forwarded to the files control 

office holding the ''A'' file. The Central Office will copy the original Form I-190 and any pertinent record 

located and return such copies to the submitting office. 

Upon receipt of a Form FS-257 bearing the above endorsement which shows that the application is 

pending before an American consular officer in Mexico, the relating file shall be immediately reviewed by 

a Travel Control supervisor to determine whether the file contains derogatory information bearing the 

applicant's eligibility for a border-crossing card. If it does, a resume of the derogatory information shall 

be immediately forwarded with the original Form FS-257 to the consulate which processed the 

border-crossing card application. If the file contains no significant derogatory information, the original 

Form FS-257 shall be placed therein and no report need be made to the consulate. 

Upon receipt of an original Form I-190 which was processed at a Mexican border port of entry, control of 

the relating file shall be transferred to the files control office having jurisdiction over the port of entry but 

the file itself shall be mailed direct to the port in accordance with the provisions of AM 2711. Upon 

receipt of the file at the port of entry, it shall be reviewed to determine whether or not the border 

crossing card will be issued. The original Form I-190, endorsed to show disposition, shall be placed in the 

relating ''A'' file, which will then be forwarded to the files control office having jurisdiction over the port of 

entry. 

If no Central Office record is located, the original of the Form I-190 or Form FS-257 will be filed in the


Master Index. 

When, in the judgment of the issuing officer, there appears to be reason for a complete fingerprint 

check, the applicant shall be fingerprinted on an FBI ''Applicant'' chart. The letters ''B.C.C.,'' and the 

port's alphabetical location code hall be placed in the ''Miscellaneous Number'' block on the chart, and 

the chart shall be submitted to the FBI by means of Form G-325. 

The issuance date shown on the Form I-186 shall be the date on which that document is prepared. 

In the discretion of the issuing officer, except for commuter students, children under the age of 14 years 

need not submit Forms I-190 nor be issued separate Forms I-186. Photographs shall not be required in 

such cases but the children's names shall be listed on the parent's or guardian's Form I-186, provided 

they are listed on the parent's or guardian's passport or document in lieu thereof. 

(2) Application to an American consular officer. 

When a Mexian national applies to a United States consular officer in Mexico for a nonresident alien 

border crossing card, the consular officer will adjudicate the application in accordance with instructions 

issued by the Department of State. These consular offices have been authorized jointly by the Service 

and the Department of State to use Form FS-257 in lieu of Form I-190. If the applicant is found eligible, 

Form I-186 will be issued at the consular post and the issuing post will be identified by the following 

appropriate three-letter abbreviation: 

Mexico City 

Guadalajara 

Merida 

Monterrey 

Mazatlan 

MEX 

GDL 

MER 

MTR 

MAZ 

Blue Page OI 212.6(a)(3) 

(4) Issuance and delivery. 

Form I-186 shall be prepared the shortest time possible before its delivery to the alien is scheduled. The 

laminated Form I-186 shall not be delivered until the Central Office index and any other security checks 

including any request for a search of the FBI fingerprint records requested by the issuing officer have 

been completed and any relating ''A'' file consulted. If a Central Office return is not received within 45 

days, the laminated Form I-186 may be delivered. American consular officers at Mexico City, Guadalajara 

and Monterrey have been authorized to deliver laminated Forms I-186 immediately on a post-audit basis. 

If the applicant has an established need to enter the United States during the 45-day period and if he is 

found otherwise eligible by the issuing officer, the triplicate Form I-190 shall be completed, and shall be 

stapled to the applicant's Mexican travel document for use as a temporary Form I-186 for a period as 

determined by the issuing officer not to exceed 45 days. Prior to lamination, ''I&NS'' shall be punched 

into Form I-186, issued at Service offices, with a perforating machine so that part of the perforation is 

through the bottom of the photograph. ''MEX'' is punched in the same manner into the forms issued at 

consular posts in Mexico. 

A resident of the interior of Mexico issued a Form I-190 as a temporary I-186 shall be required to specify 

whether the laminated Form I-186 will be picked up at the issuing office or at the American consulate of 

residence jurisdiction; if the later preference is indicated, either initially or later by letter from the 

applicant or notice from a consular official, the card will be forwarded to the appropriate consulate for 

delivery. Form G-94 shall be used to notify the applicant of the location of the consulate where he may 

take delivery of the Form I-186. 

Laminated Forms I-186 undelivered 60 days after the scheduled delivery date shall be destroyed in 

accordance with instructions for the destruction of classified documents. The related application shall 

be noted "Not delivered (date)____(initial)______", retained for one year from date of application and then 

destroyed. 

(5) Denials. 

Whenever an application on Form I-190 is submitted, the applicant shall be interviewed and the 

application completed. If the application is denied at time of interview, the original Form I-190, noted to 

show reason for denial, shall be forwarded to the Central Office in those cases in which an ''A'' file does 

not exist; if an ''A'' file exists, the original Form I-190 shall be routed to the file and shall be filed therein.


The duplicate and triplicate copy of the application form shall be destroyed. If an application is denied 

subsequent to the submission of the original Form I-190 to the Central Office, a notice of the action 

taken shall be sent to the Chief, RAIB, Central Office, by means of Form I-180, appropriately modified. In 

every denial case the applicant shall be furnished written notice of the denial with a brief statement of 

the reasons therefor. 

(6) Voidance. 

When a Form I-186 is voided for any reason, including its possession by a person other than the rightful 

holder, the alien shall be notified by means of Form I-180 delivered to the alien at time of voidance, or, if 

that is not possible, it shall be mailed to the address shown on Form I-186. A copy of the Form I-180 

shall be forwarded to the Central Office in every case in which an ''A'' file does not exist; if an ''A'' file 

exists, the copy of the Form I-180 shall be routed to the file and shall be filed therein. When a Form 

I-186 has been voided, it shall be lifted and destroyed. 

When a Form I-186 issued at an American consular post is voided, a copy of the Form I-180 shall be 

sent to the District Director, Mexico City, for coordination with the consular office there. The reason for 

the voidance shall be set forth in concise language showing the specific grounds. 

When a Form I-186 has been voided, the alien shall not be issued another card for a minimum period of 

one year. 

(b) Canadian cards. 

All outstanding Canadian Nonresident Alien Border Crossing Cards shall be replaced as manpower 

permits with laminated Forms I-185 with ''I&NS'' punched into the card with a perforating machine so that 

part of the perforation is through the bottom of the photographs. Holders thereof should be advised to 

apply on Forms I-175 for new cards. The instructions in paragraph (a) shall be followed insofar as 

practicable. 

(c) Section 212(d)(3)(A) and (B) waivers. 

A Mexican or Canadian nonresident alien border crossing card may be issued to an alien who has been 

granted a section 212(d)(3)(B) waiver authorizing multiple entries; similarly, a United States consular 

officer may issue a Canadian nonresident alien border crossing identification card to an alien ''landed 

immigrant'' in Canada (see 22 CFR 41.129) or a Mexican nonresident alien border crossing card to a 

Mexican national who has been granted a section 212(d)(3)(A) waiver authorizing multiple entries. When 

one of the foregoing cards is issued, it will be noted to show the file number, the class of section 212(a) 

waived and the limit of the period of any single admission. No card will be issued to an alien for whom a 

section 212(d)(3)(A) or (B) waiver has been authorized when the waiver order contains any restriction on 

extension of stay or deviation from itinerary. 

OI 212.7 Sections 212(g), (h), and (i) of the Immigration and Nationality Act, as amended. 

(a) Waiver of inadmissibility under section 212(h) or (i). 

(1) Application filed abroad. 

(i) Acceptance of application. 

Form I-601 filed in conjunction with an application for a visa may be accepted only by a consular 

officer who has found the alien eligible for a visa except for a ground of excludability which may be 

waived by section 212(h) or (i) of the Act. 

After acceptance, the consular officer will forward the Form I-601 for processing and adjudication to 

the appropriate office of this Service abroad (see OI 103.1(c)), together with the visa dossier and 

visa petition, if any. If the applicant has been in the United States after reaching age 14, the consul 

will obtain his fingerprints on an applicant card and have him complete Forms G-325 and forward 

these documents with the Form I-601 for use by the Service office abroad in requesting a check of 

the FBI Investigation Division and Records Branch. Similar action will be taken on the principal 

relative when he is in the consular district. 

Before forwarding the application to the Service office abroad, the consular officer will interview the 

applicant unless the applicant is in the United States. A memorandum report of the interview shall 

also be forwarded to the appropriate Service office abroad with the Form I-601.


When an alien requires permission to reapply after deportation, his application therefor will be 

forwarded by the consular officer together with Form I-601. If the application for permission to 

reapply is denied, the Form I-601 application shall be rejected on the ground that the alien is not 

''otherwise admissible'' as required by section 212 (h) or (i) and the fee for filing this application 

refunded. 

If, after receipt by a Service office, grounds of excludability other than those for which the waiver is 

sought are discovered (e.g., 212(a)(23), 212(a) (28)), the application and all relating documents 

should be returned to the consular officer for reconsideration. All pertinent information relative to the 

additional grounds of excludability should accompany the application when returned to the consular 

office. This procedure should also be followed in cases where additional adverse information is 

discovered concerning the grounds of excludability covered by the waiver application (e.g., criminal 

offenses in addition to those known to the consular officer). 

(ii) Interview. 

During the consular interview, the information furnished on Form I-601 will be reviewed with the 

applicant. The applicant's places of residence in the United States shall be obtained. The interview 

shall include coverage of, but shall not be limited to, the following: names, sex, dates and places of 

birth, citizenship and paternity of the applicant's children and present residence, support 

arrangements and whether they will accompany the applicant to the United States, a history of the 

applicant's prior marriages, if any, present financial status and financial arrangements between 

applicant and qualifying relatives, the circumstances surrounding the crime or crimes, act or acts, or 

activity (including date of beginning and termination of such activity) on which excludability is based, 

and details concerning any alleged extenuating circumstances. The interview shall include the 

duration and extent of alleged reformation, the alleged hardship to the citizen or resident alien 

relative, plans if the applicant is permitted to immigrate to the United States and plans if not 

permitted to immigrate. In prostitute cases, the periods of ''practice'' shall be ascertained, not just 

periods covered by arrest or conviction records. Inquiry will not be made into housekeeping 

arrangements between applicant and spouse prior to their marriage unless clearly pertinent. 

When a consular officer accepts an application Form I-601 from an alien in the United States who is 

ineligible for adjustment of status under section 245, he shall determine whether the alien desires 

the interview to be held abroad or in the United States, the Service officer to whom Form I-601 has 

been transferred will request the Service office doing the stateside investigation to also do the 

interview. The results of such an interview covering the points set forth in the preceding paragraphs 

shall be transmitted to the appropriate officer of this Service abroad for his use in the adjudication of 

Form I-601, and it shall be made clear to the alien that he will be required to proceed abroad to 

obtain an immigrant visa. 

If the principal relative is present in the consular district, he will also be interviewed. The interview 

shall include, as appropriate, complete biographical data, his knowledge of the details of the crimes 

or acts rendering the applicant excludable, and any extenuating circumstances with respect thereto, 

the date of termination of immoral conduct or tendencies, his prior marital history with particular 

reference to the names and addresses of prior spouses and children other than the applicant's, and 

their support arrangement, financial circumstances, present occupation and his ability to support the 

applicant and other dependents. The interview shall also include information as to whether or not he 

is aware of the existence of the grounds of excludability and when he first learned of these grounds 

and as to the stability of the marriage. Comment should be made regarding his plans in the event the 

application is denied. If the relative is the applicant's spouse and has been in the Armed Forces 

since their marriage, the nature of his discharge shall be ascertained; if he was not honorably 

discharged, his military record shall be reviewed. If the principal relative is currently in the Armed 

Forces, an interview may be waived if deemed appropriate. 

(iii) Investigation. 

If the applicant has resided in the United States after reaching age 14, the Service office abroad 

shall request a stateside investigation of the applicant on Form I-601A, unless in the discretion of 

the adjudicating officer, an investigation is deemed unnecessary. In such a case where an 

investigation is required, a memorandum shall be placed in the file by the adjudicating officer setting 

forth the specific facts or questions to be investigated. Where a stateside investigation is 

requested, a neighborhood and good moral character investigation will not be conducted unless the 

reasons therefor are specifically articulated. Routine police record checks may be requested at the 

discretion of the adjudicating officer.


When deemed necessary by the Service officer abroad having jurisdiction over the application, a 

similar investigation shall be conducted concerning the principal relative. 

(iv) Adjudication. 

If the application is approved, the order shall be entered on Form I-607. If the application is denied, 

a formal order shall be prepared, in triplicate, setting forth the decision and the reasons therefor. 

When an order becomes final, the consular officer with whom the visa application was filed shall be 

notified on Form I-603 by the office abroad which processed the application. 

The definition of ''marihuana'' contained in the Comprehensive Drug Abuse Prevention and Control 

Act of 1970, Sec. 102(15), 84 Stat. 1244, (21 U.S.C. 802(15)) will be used when deciding (h) waivers 

of section 212(a)(23) of the Act. 

(2) Application filed in the United States. 

An application for a waiver may be accepted by a Service office in the United States only when filed in 

conjunction with an application for adjustment of status under sections 245, 249, section 1, Act of 

November 2, 1966, or P.L. 95-145 (Act of October 28, 1977). The Service office will accomplish the 

interview and investigation, if required, and otherwise adjudicate the application in accordance with OI 

212.7(a). No investigation will be made of an applicant for a section 212(i) waiver unless the 

circumstances indicate an investigation is necessary. An investigation of a 212(h) applicant shall be at 

the discretion of the adjudicating officer as provided for in OI 212.7(a)(1)(iii). 

(b) Waiver of inadmissibility under section 212(g). 

In adjudicating an application for a waiver of excludability under section 212(g), the immigration officer 

shall determine whether the relationship prescribed in that section exists and whether all the conditions 

required by 8 CFR 212.7(b) have been met. 

Since the United States Public Health Service has determined that an alien with Down's Syndrome who 

has a state of arrested mental development is classifiable as mentally retarded within the meaning of 

Section 212(a)(1) of the Act and has instructed medical examiners to issue a Class ''A'' certification 

under that section of the Act to an alien in that category, such an alien is eligible for a Section 212(g) 

waiver. 

A prospective immigrant arriving with a Class ''A'' medical condition for which a Section 212(g) waiver has 

been granted, or who has a Class ''B'' condition (for tuberculosis, not active, or leprosy, noninfectious), 

will have a stamp reading ''Class A or B(T)'' appearing in the ''USPHS'' block of Form OF-155 (FS-511). 

Whenever such an alien has not been inspected by a Public Health Service Officer, the immigration 

inspector shall examine the accompanying medical report, compare it with the comments in the ''USPHS'' 

block of the immigrant visa and attach it securely to the visa. Likewise, the immigration inspector shall 

examine the visa page of the passport of a nonimmigrant for the notation ''MED.'' In either of the above 

cases, if the cited medical notations appear, the inspector will take the following appropriate action: 

A. At ports where full-time PHS inspectional personnel are assigned and are on duty refer to PHS 

secondary. 

B. At other ports or when no PHS inspector is on duty: 

1. Remove one copy of the OF-157 (formerly FS-398) from visa or passport; 

2. Place the following information on the reverse of the OF-157: 

*(a) Alien's intended address in the U.S.; 

*(b) Sex and date of birth; 

*(c) Port and date of entry; 

*(d) ''A'' number of alien in case of immigrant or nonimmigrant, if indicated; 

*(e) Manner of arrival;


(f) Name and address of specialist or facility to which alien will report in U.S. and date 

agreement signed (from review of I-601 or Part II of CDC 4.422-1, 2, 4 or 5); 

(g) Name and address of alien's sponsor; 

* Only items (a) through (e) need be recorded for aliens with a Class B condition (tuberculosis, 

not active, or leprosy, noninfectious). 

3. Send OF-157 to quarantine station nearest alien's port of entry. 

The PHS inspector will use the information on the reverse of the OF-157 to complete: 

(c) Notations. 

CDC 75.17 (formerly CDC 4.451) for Class A Tuberculosis waiver. 

CDC 75.21 (formerly CDC 4.422-3) for Class A mental waiver. 

CDC 75.18 (formerly CDC 4.447) for Class B Tuberculosis. 

CDC 42.1 (formerly CDC 4.337) for Class B Leprosy. 

When an immigrant is admitted pursuant to a section 212(g), (h), or (i) waiver, the admitting immigration 

officer shall ascertain whether the consular officer has checked the appropriate box in the block to the 

right of the admission symbol to so indicate. If the consular officer has failed to do so, the admitting 

immigration officer shall check the appropriate box. In an adjustment case, the notation ''Section 212(g), 

(h), or (i) waiver granted'' shall be made in the space above the date of the original recommendation on 

Form I-181. 

(d) Revocation. 

If a section 212(g), (h), or (i) waiver is revoked, the Director of the Visa Office, Department of State, 

shall be notified. 

OI 212.8 Other excludable grounds. [Removed 6/24/97; TM 1] 

OI 212.9 Cancellation of nonimmigrant visas by immigration officers. [Removed 6/24/97; TM 1] [Moved 

to M-450 chapter 17] 

OI 212.10 Counterfeit nonimmigrant visas and genuine nonimmigrant visas presented by imposters. 

[Removed 6/24/97; TM 1] [Moved to M-450 chapter 17] 

OI 212.11 Returning aliens refused immigrant visas in Canada. [Removed 6/24/97; TM 1] 

OI 212.12 Waiver of certain technical defects in immigrant visas. [Removed 6/24/97; TM 1] [Moved to 


OI 212.13 Parole Determinations of Mariel Cuban Aliens in Service Custody. 

(a) Cuban review process. 

Each and every detainee as defined in 8 CFR 212.13(a) of this chapter shall be entitled to review before 

the Cuban Review Plan. Notification of this process shall be provided to each and every detainee shortly 

after his/her arrival into Service custody. Commencement of this procedure shall occur, with service, to 

the detainee in writing, with an attached copy translated into Spanish, of Form I-783. 

(b) Cuban review panel. 

The Director of the Cuban Review Plan, or his/her designee, shall select a panel(s) to make parole


recommendations to the Associate Commissioner for Enforcement, or his designated representative. A 

Cuban Review Panel, unless otherwise designated, shall consist of two persons chosen from the 

professional staff of the Service. 

(c) Criteria for review. 

The burden of proof in these proceedings lies exclusively with the detainee. To be eligible for approval 

for release on parole, the detainee must establish that he is presently nonviolent and in addition, likely to 

remain nonviolent. It must also be clearly evident that upon release from the custody of the Immigration 

and Naturalization Service, the detainee will not pose a threat to the community nor violate the 

conditions of his parole. 

(d) Procedures for review. 

(1) Record review. The Director of the Cuban Review Plan or the Cuban Review Panel shall concurrently 

review the detainee's Service and Bureau of Prisons file. All pertinent information as well as a 

recommendation by each panel member regarding the detainee's eligibility for approval for release on 

parole shall be duly noted on the File Review Summary, Form I-789. Information pertaining to possible 

sponsorship or placement shall be noted on a Cuban Review Summary Sheet. 

(2) Release recommendations. When the detainee's record review provides unanimous concurrence 

regarding the detainee's approval for release on parole, the File Review Summary as well as Cuban 

Review Summary Sheet shall be forwarded to the Director of the Cuban Review Plan, or his/her designee. 

(3) Personal interview. When the detainee's record review fails to provide unanimous concurrence 

regarding his/her approval for release or parole, a personal interview shall be scheduled before a Cuban 

Review Panel. A minimum notification of twenty-one days will be given to the detainee prior to the 

scheduling of such an interview. Specifics of these interviews shall be provided to the detainee in with 

attached copies translated in Spanish, through the Service, of Form I-784 and Form I-786. 

(4) Representation. Upon service of notification of schedule of an interview before a Cuban Review 

Panel, the detainee shall be furnished with a list of available legal services and programs. The detainee 

may select a representative from this list, another legal representative, or person of his/her choice to 

accompany him/her at this interview to assist in answering questions. The detainee may alternately elect 

to waive any representation or right he/she may have to more extended notice, and request a prompt 

interview. 

(5) Representative's record review. Duly authorized representatives as defined in 8 CFR 292, shall 

designate representation of a detainee before a Cuban Review Panel through submission of Form G-28. 

Prior to the commencement of a detainee's interview before a Cuban Review Panel, these 

representatives shall be afforded ample opportunity to review sanitized versions of the detainee's 

Service and Bureau of Prisons files. Information deemed pertinent to ascertaining the eligibility of the 

detainee for approval for release on parole shall be made available to these representatives. Sensitive 

material shall not be furnished to these representatives. 

(6) Nature of proceedings. The detainee shall be permitted at the time of his/her interview to submit 

verbal as well as written information which he/she believes constitutes approval for release on parole. 

Refusal of a detainee to appear for a scheduled interview before a Cuban Review Panel indicates that 

he/she has not met the burden of proof in these proceedings in establishing his/her eligibility for approval 

for release on parole. Whenever possible, the detainee shall be requested to verbally present these 

assertions before the panel. When this cannot be accomplished, written verification shall be provided by 

the Service and/or Bureau of Prisons personnel. 

(7) Interview recommendations. The results of the interview as well as a recommendation by each panel 

member regarding the detainee's eligibility for approval for release on parole or continued detention shall 

be noted on the Interview Summary, Form I-790. Information relating to possible sponsorship or 

placement of the detainee shall be annotated on a Cuban Review Summary Sheet. This documentation 

as well as the File Review Summary shall then be forwarded to the Director of the Cuban Review Plan, or 

his/her designee. 

(e) Recommendations to the Associate Commissioner for Enforcement. 

(1) The Director of the Cuban Review Plan, upon receipt of all information from a Cuban Review Panel, 

shall empower two persons chosen from the professional staff of the Service to review findings of the 

panel. Each individual shall issue a recommendation as to whether the detainee should be approved for


release on parole or continued in detention. 

(2) In cases where approval for release on parole is recommended, an appropriate sponsorship or 

placement recommendation shall also be made. All relative material shall then be forwarded to the 

Associate Commissioner for Enforcement, or his designated representative, to be considered under the 

discretionary authority set forth in 8 CFR 212.12(b). 

(f) Psychiatric evaluations. 

Cuban Review Panels may recommend psychiatric evaluations when deemed necessary. In these 

instances, it shall be the responsibility of the Director of the Cuban Review Plan, or his/her designee, to 

arrange to have the detainee evaluated by the United States Public Health Service. After considering the 

results of this examination as well as the material provided by the Cuban Review Plan process, the 

Associate Commissioner for Enforcement or his designated representative will issue a final decision as 

to whether the alien should be approved for release on parole or continued in detention. 

(g) Approval for release on parole. 

Detainees approved for release on parole will receive notification in writing with an attached copy in 

Spanish, through the Service, of Form I-785. No detainee, however, shall be released on parole unless 

suitable sponsorship or placement has been found. In addition, the detainee must continue to exhibit 

proper behavior while awaiting suitable sponsorship or placement, otherwise the approval for release on 

parole shall be withdrawn at the discretion of the Associate Commissioner for Enforcement, or his 

designated representative. 

(h) Denial or revocation release on parole. 

Where approval for release on parole has been denied, the detainee will receive written notification in 

both the English and Spanish languages. Detainees whose approval for release on parole has been 

withdrawn shall receive written notification, with an attached copy translated into Spanish, through the 

Service of Form I-787. Such notifications will provide the detainee with a detailed justification as to why 

he/she is to remain in custody pending further review. 

(i) Review before Department of Justice review panels. 

A detainee denied approval for release on parole shall be entitled to a single review before a Department 

of Justice Review Panel. The detainee, within thirty days of this notification, may submit a written 

statement detailing relevant factors that should be reconsidered by this panel. This entitlement is 

exclusively limited to those detainees in Service custody on the date of the promulgation of this 

regulation. A decision regarding any expansion of this program will be made at a later date. 

(j) Review of denials of approvals for release or parole. 

Subsequent reviews of denials or approvals for release on parole, shall be made in accordance with the 

guidelines as set forth by the Cuban Review Plan. Such reviews will generally be commenced within one 

year of the previous denial of approval for release on parole, or when applicable, at the discretion of the 

Director of the Cuban Review Plan. 

APPENDIX to OI 212.1 [Removed 6/24/97; TM 1] [Six month list only is moved to Appendix 15-2, M-450] 

APPENDIX to OI 212.8 [Removed 6/24/97; TM 1] [Moved to the Exchange Visitors Skills List Handbook on 

INSERTS] 

APPENDIX 2 OI 212.8(e) [Removed 6/24/97; TM 1] [Moved to the Exchange Visitors Skills List Handbook on 

INSERTS] 

Appendix 3 

OI 212.8


UNITED STATES INFORMATION AGENCY 

SPECIAL IMMIGRATION STATUS FOR 

CERTAIN FOREIGN MEDICAL GRADUATES 

Enactment of the Immigration and Nationality Act Amendments of 1981 (Pub.L. 97-116; 95 Stat. 1611) 

authorizes the grant of special immigrant status to an immigrant (and accompanying spouse and children, 

if any) who, 

(i) Has graduated from a medical school or has qualified to practice medicine in a foreign State. 

(ii) Was fully and permanently licensed and was practicing medicine in a State on January 9, 1978. 

(iii) Entered the United States as a nonimmigrant with an H-visa or a J-visa before January 10, 1978, 

and 

(iv) Has been continuously present in the United States in the practice or study of medicine since the 

date of entry. 

A Foreign Medical Graduate who meets the above requirements and who is subject to the two year foreign 

residence requirement of section 212(e) of the Immigration and Nationality Act, as amended, and who 

entered the United States for education or training on or before January 9, 1977 may obtain a waiver of the 

requirement in the following manner. 

The Foreign Medical Graduate may obtain from his embassy in Washington, D.C. a statement declaring 

that the government of nationality or in which the Foreign Medical Graduate has permanent legal residence 

has no objection to waiver of the foreign residency requirement. The Foreign Medical Graduate may then 

take the statement directly to the District Office of the Immigration and Naturalization Service having 

jurisdiction over the Graduate's temporary place of residence in the United States. This notice constitutes the 

favorable recommendation of the Agency on behalf of all those Foreign Medical Graduates who have 

obtained a statement of no objection from their respective embassies. The cognizant District Office may issue 

the waiver and process the required papers for special immigrant status without referring the matter to the 

United States Information Agency. 

Foreign Medical Graduates entering the United States between January 10, 1977 and January 9, 1978, and 

who meet the requirements for special immigrant status must apply directly to the United States 

Information Agency for a recommendation if they desire to perfect that status. Each case will be reviewed 

on an individual basis. All applications must be addressed to: 

Mr. C. Normand Poirier 

Deputy General Counsel 

United States Information Agency 

400 C Street, S.W. 

Washington, D.C. 20547 

Published February 24, 1982 (47 FR 8106)


OI 213 Admission of aliens on giving bond or cash deposit. 

OI 213.1 

Posting of public charge bond prior to 

issuance of immigrant visa 

OI 213.1 Posting of public charge bond prior to issuance of immigrant visa. 

213.1 Posting of public charge bond prior to issuance of immigrant visa. when a public charge bond is 

accepted prior to the issuance of an immigrant visa, notification in duplicate should be forwarded to the 

requesting consul, giving the A number, the amount of the bond, and the date and place of acceptance of 

the bond. The consul will attach one copy of the notification to the immigrant visa. When notification is 

telegraphed to the consul, he will attache to the visa a certified copy of the telegram.


OI 214 Nonimmigrant classes. 

OI 214.1 

OI 214.2 

EX 1 214.2h 

OI 214.3 

OI 214.4 

OI 214.6 

General requirements for admission 

extension, and maintenance of status 

Special requirements for admission, 

extension, and maintenance of status 

Unions with substantial 

membership in the arts, entertainment, 

and media industry 

Petition for approval of school 

Withdrawal of school approval 

Special requirement for admission, 

extension and maintenance of status 

for Canadian citizens coming to 

engage in business activities at a 

professional level pursuant to U.S. 

Canada Free Trade Agreement 

App 1 to 214.2h1Locations of INS offices 

App 1 to 214.2h3Procedures for 

processing applications / nonagricultural 

occupations 

App 2 to 214.2h2Administrative policy 

for temporary alien employment 

certification of Guam 

App 3 to 214.3 

App 4 

Address for consultation with 

Department of Education 

Automated student school database 

OI 214.1 General requirements for admission, extension, and maintenance of status. 

214.1 General requirements for admission, extension, and maintenance of status. The Notes to 22 CFR 41, 

in Volume 9--Visas, Foreign Affairs Manual, contain valuable information pertaining to nonimmigrant 

classification and related matters. These notes should be consulted when considering issues of law or fact 

in connection with nonimmigrants. 

The admission of an alien whose entry is authorized under section 212(d)(3) shall be for the period specified 

in the section 212(d)(3)(A) or (B) order. In the case of section 212(d)(3)(A) orders, the visa will contain a 

notation specifying, among other things, the duration of stay authorized. See OI 212.4(a). Reference shall 

be had to the order to determine the period of admission authorized in section 212(d)(3)(B) cases. 

With regard to the automatic revaluation of certain expired nonimmigrant visas pursuant to 22 CFR 41.125(f), 

the Department of State has advised that the terms "expired nonimmigrant visa" means a visa which is no 

longer valid either because of the passage of time, or because the alien has used up the number of entries 

for which the visa is valid. 

It is expected that action (completion, return or transfer) on an extension application will normally be 

accomplished within 5 working days after receipt in the unit to which the case has been referred for decision. 

However, an extension application presented in person at an office where such applications are being 

adjudicated within 5 working days after receipt should be decided while the applicant waits in the office if the 

density of in-person traffic is low; otherwise, the applicant should be informed that the decision will be mailed


to him unless he insists on waiting for it, in which event he should be accommodated, if feasible. An 

extension application presented in person at an office in which adjudication of such applications is generally 

made more than 5 days after receipt should be decided while the applicant waits in the office only if he is 

seeking an extension of 60 days or less; otherwise, the applicant should be informed that the decision will be 

mailed to him, and the application should be handled as though it had been received by mail. 

A retroactive extension may be granted when failure to file a timely application was reasonably excusable, 

extension to members of a family group shall be for identical periods; if one member is eligible for a six-month 

extension and another for a twelve-month extension, the former shall govern. When a spouse or any minor, 

unmarried children are included in an application for extension, regardless of whether they actually traveled 

together, the following notation: "Includes accompanying children and/or spouse whose names are circled." 

When an extension application is granted, the applicant's Form I-94 shall be endorsed to show the extension 

of stay and returned to him in a window envelope by means of the address label. If the applicant is 

represented by an attorney, the Form I-542 shall be used in lieu of the address label to notify the applicant 

with a copy furnished the attorney. When extension of stay is denied, Form I-541, with Form I-438 attached 

and the office address stamped thereon, shall be mailed or presented to the applicant. A copy of the Form 

I-541 shall also be furnished the attorney if the applicant is represented. Except as indicated above, Form 

I-542 should be used to the maximum extent when communicating with nonimmigrant aliens. 

If an extension application is denied and the applicant has 10 days or more left on his previously authorized 

stay, he shall be requested to effect his departure on or before the expiration of that previously authorized 

say, unless there are exceptional circumstances warranting additional time. 

If an extension application is denied and the applicant has less than 10 days left on his previously 

authorized stay, or such stay has already expired, he shall be requested to effect his departure on or before 

10 days from the date he is notified of the denial, unless there are exceptional circumstances warranting 

additional time. When it is brought to the attention of Examinations that an alien who has an extension 

application pending is believed to be in violation of his nonimmigrant status and that the Service is 

contemplating commencement of deportation proceedings, the extension application shall be immediately 

adjudicated. 

When there is reason to believe the applicant will not depart unless steps are taken to enforce departure, 

proceed as follows: place him under Docket Control; notify the alien of the denial and grant him a departure 

period as provided in accordance with the preceding 2 paragraphs; instruct him to execute and submit Form 

I-438; inform him that if he does not depart by the date specified he is to appear at the Service office on the 

first business day after the specified departure date for institution of deportation proceedings, and that if he 

fails to depart and does not appear a warrant for his arrest may be issued. 

In flagrant cases, such as when the alien has worked without permission although previously informed that 

this is a violation of status, or when the alien's stay has expired and he has been using dilatory tactics to 

prolong his stay, the alien should be escorted to the Investigations section for issuance of an order to show 

cause if he has applied in person. If he has applied by mail, proceed as follows: Place the alien under 

Docket Control; notify him or the denial and grant him a departure period as provided in the 2 paragraph 

which precede the paragraph above this one; with the denial notice serve an order to show cause and 

schedule the hearing for the first business day after the specified departure date; inform the alien that if he 

does not depart by the date specified he is to appear for an expulsion hearing as stated in the order to show 

cause, and that if he fails to depart and does not appear a warrant for his arrest may be issued. 

The procedures described in the preceding 2 paragraphs shall be observed to the extent feasible, depending 

on available staff and condition of the deportation hearing calendar at the individual office. Also, each office 

shall issue appropriate implementing instructions to assure timely follow up. 

Blue Page OI214.1 

Grant or denial of an extension of stay shall be reported to the designated document control center for NIIS 

at the time such action is taken in each case when a Form I-94 had been prepared in connection with the 

initial admission or a prior extension. The name and nationality shown on the report must be exactly as 

shown on the alien's Form I-94. The report shall be made on Form I-538A, Form I-539A, or Form I-530. Form 

I-530 shall be used if the extension application is made on a form other than Form I-538 or Form I-539 (e.g., 

Form IAP-66). Form I-530 shall be used for the spouse and children included by nonimmigrant in the 

application. When Form I-530 is used it shall be prepared in duplicate from the alien's Form I-94; the original 

shall be forwarded to the designated document control center for NIIS and the duplicate shall be filed with the 

extension request. When an application for extension of stay is denied and a grant or voluntary departure is 

authorized, the alien's Form I-94 shall be endorsed to show the authorization and the date of departure.


Nonimmigrant aliens in the United States in classifications F-2, H-4, J-2, and L-2, who are maintaining such 

status, may attend school on a part or full-time basis without changing their status to F-1. 

A nonimmigrant whose C-2 or C-3 visa has expired; or other nonimmigrant whose A,E,G,H,I,L or NATO visa 

has expired, whose authorized stay has not expired and who is continuing to maintain that nonimmigrant 

status, and who intends to proceed abroad and return to resume that status, may be advised that he may, 

prior to departure from the United States, request the Department of State to revalidate such expired visa. 

The letter requesting revalidation should be addressed to the Accreditation and Issuance Branch, Visa 

Office, Department of State, Washington, D.C. 20520. The letter should be accompanied by the alien's Form 

I-94 showing an unexpired period of authorized stay, and by the alien's passport valid for at least 6 months 

beyond that authorized stay. Also, if there is a fee for revalidation, a check or money order for the exact 

amount of the fee, payable to the Department of State, should be enclosed. (The alien should be referred to 

the Accreditation and Issuance Branch for any information regarding fees.) 

OI 214.2 Special requirements for admission, extension, and maintenance of status. 

(a) Foreign government officials. 

(1) General. 

(i) A-3 extensions. An A-3 alien seeking to extend his/her temporary stay shall submit a completed 

Form I-539 with fee, his/her Form I-94, and a signed statement as required by 8 CFR 214.2(a)(1). 

The statement shall identify the employing A-1 or A-2 by name, visa status and official title; it shall 

name the embassy, consulate, mission or office for which the A-1 or A-2 works; it shall state the 

period of time that the A-1 or A-2 intends to continue employing the A-3, and shall describe the 

duties the A-3 shall perform. 

The Service may consult with the Department of State (Visa Office, Diplomatic Liaison Division, 

CA/VO/P/D, Washington, D.C. 20522-0113) about the eligibility of an individual applying for 

extension of A-3 status, or an employer's eligibility to employ an A-3. 

(ii) Family members of a permanent resident employed in an A-classification occupation. If members 

of the immediate family of a permanent resident alien have valid passports and A visas, they may be 

admitted as A nonimmigrants if the permanent resident is in an occupation which would entitle 

him/her to A-1 or A-2 classification and if he/she has executed a Form I-508 pursuant to section 

247(b) of the Act. However, the attendants, servants, or personal employees of such an alien are 

not entitled to A-3 classification. 

(2) Definition of A-1 or A-2 dependent. 

(i) This definition is only to be used in determining eligibility for employment authorization. The 

definition of the term "dependent" in 8 CFR 214.2(a)(2) is only for the purpose of determining 

eligibility for employment authorization. It does not alter or limit the more inclusive term "immediate 

family" appearing in section 101(a)(15)(A) of the Immigration and Nationality Act and defined in 22 

CFR 41.21(a)(3). It is therefore possible for an alien who is eligible for A classification, as a member 

of a principal alien's immediate family, to be ineligible for employment authorization. 

(ii) Certain bilateral agreements provide for an expanded definition of the term "dependent". 8 CFR 

214.2(a)(2)(iv) permits employment authorization, until age 25, for dependent, unmarried sons and 

daughters who are full-time students and whose principal aliens represent certain countries that 

signed bilateral employment agreements prior to November 21, 1988. The Department of State has 

advised the Service that the United States has such agreements with twenty-two countries: 

Argentina, Australia, Bolivia, Botswana, Brazil, Canada, Colombia, Denmark, El Salvador, France, 

Grenada, Honduras, Israel, Jamaica, Liberia, Netherlands, New Zealand, Norway, Peru, Philippines, 

Sweden, and the United Kingdom. 

(iii) Family members of A-2 military trainees not included in the definition of "dependent". Based on 

representations made by the Department of Defense to the Department of State, dependents of A-2 

military trainees are ineligible for employment authorization. 

(3) Reciprocity is the basis for dependent employment authorization. 

Only dependents of foreign officials representing certain countries are eligible to apply for employment 

authorization. Eligibility is based on reciprocity between the United States and a foreign country, which


takes one of two forms:a formal bilateral agreement or an informal de facto arrangement. 

(i) Bilateral reciprocity. A bilateral agreement is a signed, written agreement which has been 

negotiated by the United States and a foreign country. A bilateral agreement virtually guarantees 

employment authorization for dependents of certain United States government. In turn, it virtually 

guarantees employment authorization for dependents of certain officials of that foreign country who 

are assigned to duty in the United States. The applicability of a bilateral agreement is based on the 

foreign state which employs the principal alien and not the nationality of the principal or dependent 

when adjudicating an employment request based on a bilateral agreement. 

(ii) De facto reciprocity. A de facto arrangement takes effect when the Department of State 

determines that a foreign country allows appropriate employment on the local economy for 

dependents of certain United States officials assigned to duty in that foreign country. Based on 

that determination, dependents of certain government officials of that foreign country assigned to 

duty in the United States may apply for employment authorization. Dependent employment 

authorization based on a de facto arrangement is more tenuous than authorization based on a 

bilateral agreement. This is because a de facto arrangement is based on current practices and 

policies, rather than, on mutually negotiated, well-defined obligations. The applicability of a de facto 

arrangement is based on the foreign state which employs the principal alien. Additionally, based on 

a Department of State recommendation, the principal alien must have the same nationality as the 

country he/she represents. This means dependent employment authorization under a de facto 

arrangement is precluded, if the dependents' principal alien is not a national of the country he/she 

represents. As under the bilateral agreements, the nationality of the dependent is immaterial. 

(4) Income tax, Social Security liability; non-applicability of certain immunities. (Reserved) 

(5) Dependent employment pursuant to bilateral agreements and de facto arrangements. 

(i) Bilateral employment authorization. The Service shall give substantial consideration to a 

favorable recommendation from the Department of State when adjudicating a dependent's application 

for unrestricted employment under a bilateral agreement. The Service shall approve an application 

under a bilateral agreement which has a favorable recommendation from the Department of State 

unless approval would result in violation of law, regulation or written Service policy. An example that 

would result in a violation, if granted, is an erroneously favorable recommendation for employment 

authorization for a dependent son or daughter beyond the maximum applicable age limitations in 8 

CFR 214.2(a)(2)(ii), (iii) and (iv). 

(ii) De facto employment authorization. Although a favorable recommendation from the Department 

of State is a primary consideration when adjudicating an application for dependent employment under 

a de facto agreement, other substantive considerations must also be weighed. See 8 CFR 

214.2(a)(3) and, (5)(ii)(A) through (E) inclusive. 

(6) Application procedures, fingerprints waived, local liaison, and policy considerations. 

(i) Application procedures involving the Washington, D. C. and New York City District Offices. If the 

applicant's principal alien is stationed in New York City or Washington, D. C., and the applicant 

resides in that area, he/she shall submit a completed Form I-765, along with Form I-566 and the 

supporting documents as required in 8 CFR 214.2(a)(6)(i) to the diplomatic mission which employs 

his/her principal alien. After receiving the documents from the diplomatic mission, the Department of 

State will endorse the I-566 with its findings,and forward all documents to the jurisdiction of the 

District Director New York City or Washington, D. C., as appropriate, in accordance with mutually 

agreed upon local procedures. The Service will adjudicate the I-765. Upon a favorable adjudication, 

the Service will notify the applicant when and where to report for issuance of his/her Employment 

Authorization Document (EAD). An applicant shall present his/her passport, as evidence of identify, 

at the time of EAD issuance. An A dependent may elect not to avail himself/herself of the time 

and/or place designated for EAD issuance for A dependents. He/she may elect to appear at a time 

and/or place designated for EAD issuance for the general population. Under such circumstances, 

the Service is under no obligation to give the A dependent any preferential or expeditious treatment. 

(ii) Application procedures involving offices other than Washington, D.C. and New York City. If the 

applicants' principal alien is stationed in a location other than Washington, D.C. or New York City, or 

if the principal is stationed in either of those two cities and the applicant is residing in another 

location because of school attendance, the applicant shall submit his/her completed I-566 and 

supporting documents to the diplomatic mission which employs his/her principal alien. After 

receiving the documents from the diplomatic mission, the Department of State will endorse the I-566


with its findings and return all documents. 

The applicant shall bring his/her passport and I-566 with a favorable endorsement from the 

Department of State to the office have jurisdiction over his/her place of residence. He/she shall 

complete an I-765. 

Some offices have opted for having the dependent call for an appointment for I-765 adjudication and 

EAD issuance. Any office instituting telephonic appointment procedures is to notify. Headquarters 

Adjudications through channels of the details, so that the Department of State may be properly 

notified. At all other offices, the dependent shall be given priority in the adjudication of his/her I-765 

and EAD issuance, if he/she appears at the office during EAD issuance hours and identifies 

himself/herself as an A dependent. 

(iii) Fingerprint requirement waived. The fingerprint requirement shall be waived when issuing an EAD 

to an A dependent. 

(iv) Local liaison. The District Directors at Washington, D.C. and New York City shall maintain local 

liaison with the Department of State regarding the processing of dependent employment applications. 

(v) Policy considerations. Matters involving Service policy shall be referred, through channels, to 

Headquarters Adjudications. 

(7) Period of time which employment may be authorized and other considerations. 

(i) Period of time. The maximum employment authorization period is three years. Because of 

possible foreign policy implications, this maximum shall be granted unless there are articulable and 

substantive reasons for not granting the maximum. However, care must be exercised not to 

authorize employment for dependent sons and daughters beyond the age limitations set forth in 8 

CFR 214.2(a)(2)(ii) (iii)and (iv). 

(ii) Other considerations. Care must be exercised not to grant employment authorization, under a de 

facto arrangement, to any dependent if the principal alien's official assignment to duty in the United 

States is expected to terminate within six months; see 8 CFR 214.2(a)(5)(ii)(B). Care must be taken 

not to grant employment authorization, under a de facto arrangement, to any dependent whose 

principal is not a national of the country which employs his/her;see 8 CFR 214.2(a)(3). Additionally, 

care must be exercised not grant employment authorization to any dependent, under a bilateral 

agreement or de facto arrangement, who is not habitually residing with his/her principal alien, 

pursuant to 8 CFR 214.2(a)(2). A full-time dependent student, who is residing in a different location 

than his/her principal in order to attend school, is considered as habitually residing with his/her 

principal alien for purposes of employment authorization. 

(8) No appeal There is no appeal to a denial of an application for employment authorization filed by an 

A-1 or A-2 dependent. However, each denial is to be reviewed by a supervisory examinations officer, or 

acting supervisory examinations officer, who shall initial and date the denial to show his/her 

concurrence. 

(9) Dependents or family members of principal aliens classified A-3. (Reserved). 

(10) Unauthorized employment and other reportable incidents. 

(i) Unauthorized employment. 

(A) General. In determining whether an A-1 or A-2 dependent may have been engaged in 

unauthorized employment, review the grandfather provision of OI 214.2(a)(11). Under specific 

circumstances, nonconforming employment by certain A-1 and A-2 dependents was sanctioned 

until February 20, 1989. 

(B) Reporting requirement. If it comes to the Service's attention that an A-1 or A-2 is engaged 

in unauthorized employment, the Service shall notify the employer and the alien that the 

employment is unauthorized. An A-file shall be created, if one does not exist. The incident 

shall be reported in writing within 72 hours and shall be expeditiously forwarded through official 

Service channels to Headquarters. The receiving Headquarters unit shall forward a copy of the 

report to the U.S. Department of State, Visa Office, Diplomatic Liaison Division, CA/VO/P/D 

Washington, D.C. 20522-0113.


The report should include, but is not necessarily limited, to as much of the following information 

as is available: the case officer's name, title, duty office, and phone number; the alien's name, 

date of birth, place, place of birth, A number, I-94 number, social security number, Department 

of State personal identification number (PID), if known; the name of the principal alien, his/her 

official title, the embassy, consulate, mission, etc. which employs him/her, his or her 

Department of State PID, if known; whether the alien ceased working after being notified that 

the employment was unauthorized; the job the alien was performing, hours per week worked, 

length of employment, salary and other compensation received; whether social security, income 

taxes and other applicable taxes are or were being withheld; whether any fraudulent 

documentation was used to obtain the employment. Additionally, copies of any documentation 

relating to the unauthorized employment should be attached to the report. 

The report shall also indicate whether the incident appears to be isolated or part of a pattern. 

Indicators of a pattern include, but are not limited to: the alien has a history of unauthorized 

employment; other members of the alien's family are employed without authorization; the alien's 

family has a history of unauthorized employment; other aliens who can be identified with the 

same embassy, consulate, mission, etc. are found to be engaged in unauthorized employment; 

the employer has a history of employing unauthorized aliens. 

A copy of the report, all relating correspondence and supporting documents shall be housed in 

the A-file. 

(C) Department of State determination. If the Department of State notifies the Service in writing 

that in no longer recognizes the aliens as entitled to A-1 or A-2 classification and cancels, the 

visa, the Service may initiate appropriate action on the basis of the unauthorized employment. 

If the Department of State notifies the Service in writing that it continues to recognize the alien 

as entitled to A-1 or A-2 classification, then the Service is precluded from taking action against 

the alien as long as he/she remains in A-1 or A-2 status. In either instance, the Department of 

State's written reply shall be housed in the A-file. 

(D) Notification to the field. Upon receiving the Department of State's decision, the receiving 

Headquarters unit will expeditiously notify the region having jurisdiction and originating office of 

the decision and forward a copy of the report. 

(E) Field office action. The originating field office will take appropriate action in accordance with 

the Department of State's determination. See paragraph (a)(10)(i)(C) above. 

(F) Employer sanctions not affected. These instructions shall in no way be construed as 

discouraging or preventing the Service from taking appropriate action against the alien's 

employer under 274A of the Act and 8 CFR 274a. 

(G) The effect of violations. 

((1)) Alien in A-1 or A-2 classification applying for a change of nonimmigrant classification. 

An alien in A-1 or A-2 classification who engages in unauthorized employment may be 

allowed to continue in that classification based on recognition by the Department of State: 

see paragraphs (a)(12)(i) and (ii) below. The Service holds that such recognition and 

continuation in classification does not eliminate the fact that the alien has violated status 

under 8 CFR 214.1(e). Therefore an application for change of nonimmigrant classification 

under section 248 of the Act filed by an A-1 or A-2 who is/was engaging in unauthorized 

employment is deniable based on his/her violation of status. 

((2)) Alien in A-1 or A-2 classification applying for adjustment of status. An A-1 or A-2 alien 

who has engaged in unauthorized employment and who applies for adjustment of status 

under section 245 of the Act is subject to section 245(c) of the Act, pursuant to 8 CFR 

214.1(e). 

((3)) Alien in violation of status other than A status, applying for A status. A change of 

nonimmigrant status to A requires a favorable recommendation from the Department of 

State. When a nonimmigrant who has violated status applies for A status, the adjudicator 

shall consider: the nonimmigrant's immigration history, the nature and length of the 

violation, the position being offered, the level of Department of State interest, and whether 

the Department of State knew the nonimmigrant was in violation of status when it made its 

recommendation. Clarification on the last three points may be obtained from the 

Department of State. Consultation with the Department of State. Consultation with the


Department of State is required prior to denying a case in which State has made a favorable 

recommendation. 

((4)) Alien in A-3 classification. An A-3 does not have the protection of an A-1 or A-2 

discussed in paragraph (a)(12)(i) below. Therefore any violation of status subjects an A-3 

to Service action without referral to the Department of State. 

(ii) Other reportable incidents. Service officers shall use the procedures in (a)(10)(i)(B)through (E) 

above as guidelines when they encounter an A-1 or A-2 nonimmigrant involved in other activities 

which would make him/her liable to deportation were it not fore the diplomatic protection afforded 

him/her. When the activity involves a crime involving moral turpitude, a felony-level offense, or or 

an offense involving controlled substances, telephonic notification to Headquarters through channels 

shall also be made. While diplomatic immunity may preclude prosecution and Service proceedings, 

the reporting procedure will provide a mechanism to detail offenses and form a rationale for the 

Department of State to consider canceling the offender's visa. 

(11) Special provision. Based on foreign relations considerations and negotiations with the Department 

of State, the following policy was established to grandfather nonconforming employment authorization for 

certain A-1 and A-2 nonimmigrants for up to 90 days after the publication of the November 21, 1988 

interim regulations, published at 53 FR 46855, pertaining to A dependent employment. An individual (i) 

who was considered a dependent of an A-1 or A-2 principal alien under the regulations in effect prior to 

the above cited interim regulations;and (ii) who had employment authorization under the prior regulations; 

and(ii) who was not eligible for employment authorization as a dependent under the above cited interim 

regulations, was allowed to work until February 20, 1989 or until the end of his/her employment 

authorization period, whichever came first. Such employment by such an individual for the stated period 

of time shall not in any way be considered or construed to be a violation of nonimmigrant status. 

(12) Other factors. 

(i) The effect of recognition by the Secretary of State. Section 101 (a)(15)(A)(i) and (ii) of the Act 

and 8 CFR 214.2(a)(1) provide that an A-1 or A-2 is entitled to that classification as long as he/she 

is recognized by the Secretary of State. Section 102 of the Act provides that an alien continuing in 

A-1 or A-2 classification is not subject to most exclusion and deportation grounds. Because of this 

statutory protection, the Service is precluded from taking action against an A-1 or A-2 who is or was 

violating status, unless the Department of State authorizes such adverse action by notifying the 

Service in writing that the A-1 or A-2 is no longer entitled to such classification and that his/her visa 

is canceled. 

(ii) Privileges and immunities. Section 102 of the Act defines the parameters of Service action 

regarding the admission, exclusion and deportation of A-1 and A-2 aliens. Its provisions are binding 

upon all Service personnel. Diplomatic and consular privileges and immunities are not only very 

sensitive issues, but also very complex ones. Service officers should be aware that privileges and 

immunities can vary greatly. They can vary greatly within a nonimmigrant classification and between 

two positions which have the same official title, but which represent different foreign countries. 

(iii) Identification card issued by the Department of State. The Office of Protocol issues 

identification cards to all diplomatic and consular personnel who are entitled to rights, privileges and 

immunities. The Department of State considers these cards as the only authoritative identity 

documents for identifying those entitled to rights, privileges and immunities. Beginning in 1987, 

three types of cards have been issued: Diplomatic (blue border for diplomats), official (green border 

for employees), and consular (red border for consular personnel). The new identification cards are 3 

3/4" x 2 1/2", and contain a photograph of the bearer. The bearer's name, title, mission, city and 

state, date of birth, identification number, expiration date, and a U.S. Department of State seal 

appear on the front of the card. A brief statement of the bearer's immunity is printed on the reverse 

side. Space is also provided for the bearer's signature. 

(iv) Sources of additional information. 

Additional information regarding diplomatic rights, privileges and immunities is contained in the 

"Examinations Handbook" Appendix 1-B. More detailed information is contained in the Department of 

State's publication 9533, "Guidance for Law Enforcement Officers". Law enforcement agencies may 

request copies from the Department of State, Bureau of Diplomatic Security, Washington, D. C. 

20520. 

(v) Telephonic inquiries/verifications.


Telephonic inquiries and verifications regarding an individual's privileges and immunities should be 

directed to the Bureau of Diplomatic Security's Command Center (202/FTS) 663-0812. The center 

will refer the inquiry to another office, if appropriate. A more detailed phone listings contained in the 

Department of State's publication "Guidance for Law Enforcement Officers". (TM 185) 

(vi) Inquiries from other law enforcement agencies. At times another agency may advise the Service 

that an A-1 or A-2 was involved in an incident which brings him/her to police attention, and may ask 

for guidance. The service should advise the other agency that the Department of State issues 

identification cards to all A-1s and A-2s entitled to rights, privileges and /or immunities. These cards 

are described in OI 214.2(a)(12(iii). The agency should be advised that newly arrived personnel may 

not have yet been issued their cards. If this is the case, or if an individual cannot produce his/her 

card, the agency must telephone the Department of State; see OI 214.2(a)(12(v). The agency 

should be advised to telephone the Department of state if the incident is serious and/or if it has any 

questions, including, but not limited to questions about the identification card, its validity, the 

treatment that should be accorded the individual etc. 

(vii) Requesting reports from other agencies. 

Additionally, the agency should be requested to provide the Service with a copy of the report if it 

meets the criteria in OI 214.2 (a)(10)(ii) or in OI 103.1(g). 

(13) Use of Form I-566 to verify status of individual claiming A status. Form I-566 (dated 2/19/91 and 

later) shall be used for routine requests to the Department of State's Visa Office to verify the status of 

an individual claiming entitlement to A status. For this purpose, the form shall be completed as follows: 

(b) Visitors. 

(i) Complete Part A with information about the subject of the inquiry. If the subject is a dependent or 

A-3 employee, also complete part B with information about the principal from whom the dependent 

derives status, or for whom the A-3 works; 

(ii) Beside the sub-title "Part C; Type of Request" print in large capital letters, preferably in red ink, 

"VERIFY STATUS"; 

(iii) Complete the "from" block of Part G and check the Visa Office block, crossing out "subject has 

filed under section 13. Please advise this office of your findings." 

(iv) Place a photocopy of the completed form in the relating file or work folder and sent both copies 

of the form to: U.S. Department of State, Visa Office, Diplomatic Liaison Division, CA/VO/P/D, 

Washington, D.C. 20522-0113. The Department of State will not its findings in Part F and return 

copy 1 of the form to the officer whose name appears in Part G. (TM 185) 

If found admissible, a B-2 shall be admitted for 6 months. The district director may delegate individual 

review of the minimum admission period no lower than a supervisory inspector. Referral of individual cases 

to the supervisor may occur when it is evident that the alien is admissible, but does not have sufficient 

resources available to maintain a 6 months visit. The Service does not require that an applicant for 

admission have with him or her funds to maintain a 6-month stay, but the applicant must demonstrate that 

he/she has access to sufficient resources. A B-1 shall be admitted for a period of time which is fair and 

reasonable for completion of the purpose of the trip. Any decision to reduce a B-1's admission from the time 

requested shall be authorized by a supervisor. (TM 185) 

An alien who is coming temporarily to the United States to fill a position of a permanent nature is generally 

not admissible as a B or H-2 nonimmigrant. However, personnel of foreign airlines engaged in international 

transportation of passengers and freight who seek to enter the United States for employment with the airline 

in an executive, supervisory or highly technical capacity may be admitted as B-1 nonimmigrants, unless a 

treaty of commerce and navigation is in effect between the United States and the country of the applicant's 

nationality, in which case the alien should be documented as E-1 if he or she is otherwise qualified. Such B-1 

airline personnel must meet the criteria established for employees of treaty trades as described in 22 CFR 

41.51 (c). The notes to that regulation in Volume 9--Visas, Foreign Affairs Manual, contain information 

concerning the various treaties of trade entered into by the United States, and important information 

concerning certain limitations of treaty provisions. These notes must be consulted in considering matters 

involving this category of B-1 nonimmigrants. 

Personal and domestic servants may be classified as B-I nonimmigrants if they are accompanying or


following to join: 

(1) United States citizen employers who can establish (a) that they are subject to frequent international 

transfers lasting two years or more as a condition of their employment, and that they are returning to the 

United States from such an assignment, (b) their current assignment in the United States will not be for 

over 4 years, (c) the personal or domestic servant has been employed them abroad for at least six 

months prior to admission into the United States, (d) the servant will reside in their household and will be 

provided a private room and board, without cost to the servant, (e) the servant will work only for them; 

and (f) both the employer and employee have signed a contract which guarantees that the servant will 

receive at least the prevailing wage for domestics in the area of employment, that all other benefits 

normally given to U.S. workers in the area of employment will be granted to the servant; that round trip 

airfare will be provided to the servant; that the servant will not be required to give more than two weeks 

notice of intent to leave the employment; that the employer will give at least two weeks notice of intent 

to terminate the employment. Evidence to establish qualifications under this subparagraph may include 

personnel records and statements from the citizen's employer, and must include a signed and dated 

copy of the contract between the employer and servant; or 

(2) Nonimmigrant employers who seek admission to, or are already in the United States in B,E,F, H, I, J, 

or L nonimmigrant status, provided the employee can show he has a residence abroad he does not 

intend to abandon (notwithstanding the employer himself may be in a nonimmigrant status which does not 

require such a showing), and further provided the employee has been employed abroad by the employer 

as a personal or household domestic servant for at least one year prior to the date of the employer's 

admission to the United States, or that the employer-employee relationship has existed prior to the time 

of application and the employer can demonstrate that he has regularly employed (either year-round or 

seasonally) a personal or domestic servant over a period of several years immediately preceding the 

time of application, and the employee can demonstrate at least one year's experience as a personal or 

domestic servant. 

Persons engaged in activities on the outer continental shelf are under the jurisdiction of the United States 

Coast Guard. Any person inquiring about his or her right to engage in employment on the outer continental 

shelf should be referred to the Coast Guard. Nonimmigrants destined to the outer continental shelf normally 

will be classified B-I, and consular officers will annotate such visas "OCS" (see OI 235.1(m) (2)). 

Each of the following may also be classified as a B-I nonimmigrant if he/she is to receive no salary or 

other remuneration from a United States source (other than an expense allowance or other reimbursement for 

expenses incidental to the temporary stay): 

(1) An alien, otherwise classifiable as an H-I nonimmigrant, who is coming to perform temporary services 

in the United States other than as an entertainer; however, an entertainer who is classifiable H-I may be 

classified B-I if coming to participate in a cultural program sponsored by his/her government, will be 

performing before a nonpaying audience, and all expenses, including per diem, will be paid by his/her 

government . (See Foreign Affairs Manual, Vol 9 visas, Note 4.2 at 22 CFR 41.25). 

(2) An alien entertainer, even though not of H-I caliber, who is a resident or national of Canada or Mexico 

and is coming to the border area of the United States to participate in a long-established religious 

festival or ceremony, or in a long established binational civic celebration. 

(3) An alien, otherwise classifiable as an H-3 nonimmigrant, who is already employed abroad an will 

continue to receive his/her salary from the foreign employer on whose behalf he/she is coming to 

undertake training in the United States. 

(4) An alien, otherwise classifiable as an H-3 nonimmigrant, who is a student at a foreign medical school 

and is coming to taken an "elective clerkship" (practical experience and instruction in the various 

disciplines of the practice of medicine under the supervision and direction of faculty physicians) at a 

United States medical school's hospital as an approved part of the foreign medical school education. 

(5) An alien coming to install, service, or repair commercial or industrial equipment or machinery 

purchased from a company outside the U.S. or to train U.S. workers to perform such service, provided: 

the contract of sale specifically requires the seller to perform such services or training, the alien 

possesses specialized knowledge essential to the seller's contractual obligation to provide services or 

training, the alien will receive no remuneration from a U.S. source, and the trip is to take place within the 

first year following the purchase. (Revised) 

(6) An alien member of a religious denomination coming temporarily and solely to do missionary work in 

behalf of that denomination, if such work does not involve the selling of articles or the solicitation or


acceptance of donations. 

(7) An alien coming temporarily to participate in a voluntary service program conducted by a recognized 

religious body. The alien shall present to the examining officer a written statement issued by the 

appropriate religious organization. The statement must contain the following items of information: 

(i) Identity of the volunteer including name, date and place of birth; 

(ii) name and address of initial destination in U.S.; 

(iii) name and address of project in U.S. to which assigned; and 

(iv) anticipated duration of assignment. 

(8) An alien, who is coming temporarily to the United States to attend an executive seminar. 

(9) An alien, who has been invited to participate in the training of Peace Corps Volunteers or who is 

coming to the United States under contract pursuant to sections 9 and 10(a) (4) of the Peace Corps Act 

(75 Stat. 612). Aliens admitted under this provision may be paid a salary for service performed in 

accordance with the Peace Corps Act. 

(10) An alien, coming temporarily to perform services for his foreign employer and a jockey, sulkey 

driver, trainer or groom. 

The alien may not work in this country for any other foreign or United States employer. 

(11) An alien, who is coming to the United States to seek an investment which would qualifying for status 

as an E-2 investor, provided that the alien does not perform productive labor or actively participate in the 

management of the business prior to receiving a grant or E-2 status. 

(12) An alien, who is coming to the United States to open or be employed in anew branch, subsidiary, or 

affiliate of the foreign employer, if the alien will become eligible for status as an L-I upon securing the 

evidence required in 8 CFR 214.2(1) regarding proof of acquisition of physical premises. 

(13) An alien athlete or team member who meets all of the following criteria: 

"A" The player seeks to enter the U.S. as a member of a foreign based team in order to compete 

with another sports team. 

"B" The foreign sports team and the foreign athlete have their principle place of business or activity 

in a foreign country. 

"C" The income of the foreign based team and the salary of its players are principally accrued in a 

foreign country. 

"D" The foreign based sports team is a member of an International Sports League or the sporting 

activities involved have an international dimension. (Added) 

In all other instances, an alien classified as an H-2 nonimmigrant may not be classified as a B-I 

nonimmigrant even if the salary is paid by a source outside the United States. A visa petition must be filed 

on behalf of such nonimmigrant alien accompanied by a certification from the Secretary of Labor or 

designated representative or by a notice that such certification cannot be made, to enable the Service to 

determine among other things whether any unemployed persons capable of performing the same services are 

available in this country. 

It has been determined that the provision of 8 CFR 248.3(b) apply to the B-2 spouse or children of B-I 

nonimmigrants; therefore, if a B-I nonimmigrant applies for extension of temporary stay, the status of the 

spouse and children will be changed without fee or application. Upon this change of status, the I-94's must 

be endorsed "B-I spouse" or "BI child". 

Upon presentation of a canadian border crossing identification card issued pursuant to 22 CFR 41.129, a 

landed immigrant in Canada may be admitted from Canada or Mexico as a B-I or B-2 nonimmigrant visitor 

without requiring a nonimmigrant visa or Form I-94. On the landed immigrant's first application for admission 

with the border crossing card, his name shall be checked in accordance with OI 235.8 and, if found 

admissible, his passport shall be stamped with the date and class of admission. If, subsequent to admission


as a temporary visitor for business or pleasure, the bearer of a Canadian border crossing identification card 

is found by a district director to have violated the conditions of his admission into the United States, the 

border crossing identification card shall be voided as provided for in 22 CFR 41.129(f) and a report of the 

facts in the case shall be transmitted to the American consulate at which the card was issued. 

A B-I Cuban alien seeking an extension that would extend his time in the United States beyond 30 days 

from the date of his entry shall not be granted an extension of stay, unless he has a permanent residence in 

some country other than Cuba. He may be granted voluntary departure for an indefinite period; in such a 

case, Form I-161 shall be prepared placing the alien under docket control (see AM 2798) and an A file 

opened when none exists. 

The spouse or child of a Filipino enlistee in the United States Navy or Coast Guard shall not be granted an 

extension of stay but may be granted indefinite voluntary departure to the date of completion of service by 

the enlistee; a valid passport is not required in such a case. 

When a Special Exchange Program (SPLEX) Soviet-bloc national requests an extension of stay, a change 

of nonimmigrant status, or deviation in itinerary, he/she should be advised to have his/her sponsor seek a 

recommendation from the Soviet and East European Exchange Staff, Department of State, Washington, DC, 

20520. After obtaining such a recommendation, the sponsor will furnish it to the SPLEX alien to present to 

the appropriate field office with his/her application. If the SPLEX alien was admitted for 30 days or less, the 

Department of State will, instead of furnishing the sponsor with the recommendation, telephonically notify the 

officer in charge of the travel control section of the Service office adjudicating the SPLEX alien's application 

of the Department's recommendation. Normally no request should be initiated by a field office in behalf or a 

SPLEX alien. In an emergency, however, the District Director, Washington, DC, may be contacted by 

telephone or teletype to obtain the Department of State's agreement as to the action to be taken. (Revised) 

When a section 212(d) (3) order specifies that action may not be taken to grant any extension of stay or 

change in itinerary without the prior approval of a specific office, that office must be consulted before taking 

final action. In the case of a section 212(d)(3) (A) order, the alien's Form I-94 must be examined to 

determine whether prior approval of the District Director, Washington, DC, is required (see OI 212.4(a) ). In 

the case of a section 212(d)(B) order, the alien's copy of Form I-192 must be examined to determine whether 

prior approval of a specified Service office is required. It should be noted, however, that not all SPLEX 

aliens are excludable under section 212 (a) (28) of the Act. (Added) 

Blue Page OI 214.2 (b) 

See 8 CFR 211 and OI 221 for special instructions regarding aliens who whom the consular officer has 

required the posting of a bond as a prerequisite for issuance of a B visa. 

Pursuant to the United States-Canada Free-Trade Agreement (FTA), a Canadian citizen seeking entry for 

purposes set forth in Schedule 1 to Annex 1502.1 to Chapter 15 of the FTA may be classified as a B-1 if 

he/she is otherwise admissible and meets the requirements of section 101(a) (15) (B) of the Immigration and 

Nationality Act. Schedule 1 represents the phases of a normal business cycle and lists the business 

persons engaged in activities necessary for a continuous cycle. The listing of occupations and professions 

in Schedule 1 is not an exhaustive listing, and a Canadian citizen whose business activities do not appear in 

Schedule 1 may be eligible for admission as a B-1 if he/she meets the other statutory requirements for 

business visitors. 

A Canadian citizen, who is determined to be admissible as a visitor for business pursuant to the FTA, may 

be admitted as a B-1 for a period of time not to exceed one year. A Canadian citizen B-1 who requests 

documentation may be issued an arrival/departure record, Form I-94, in order to facilitate reentry and to 

reduce any uneasiness he/she may feel about working in the United States as a B-1 without documentation. 

In keeping with the spirit of the FTA, a Canadian citizen who is determined ineligible for B-1 classification 

should be advised that he/she may qualify under an alternate class of admission [i.e., 101(a) (15) (H), 101(a) 

(15) (E), 214(e), etc.]. 

As represented in Schedule 1, the seven phases of a business cycle are: 

Research and Design 

Growth, Manufacture, and Production 

Marketing


Sales 

Distribution 

After-Sales Services 

General Service 

Included in Schedule 1 (Growth, Manufacture and Production), is a provision for the admission of a 

Canadian citizen who is a harvester owner supervising a harvesting crew admitted under applicable law. The 

owner may qualify for admission to the United States ad B-1. Note that the crew must be admitted under 

applicable law (H-2A Agricultural workers) and are not classifiable as B-1. In this provision, "harvesting" 

means the gathering by machine of agricultural crops such as grain, fiber, fruits, and vegetables. This 

provisions does not include the harvesting of fish or seafood (for example, lobsters, clams, oysters). 

Under Schedule 1 (Sales), the sale of goods and their delivery to the same United States buyer are 

precluded on the same business trip. However, a Canadian citizen is not precluded from selling on one trip 

and then delivering on a subsequent trip since such an arrangement involves two separate purposes for 

entry. Neither is a Canadian citizen in sales precluded from selling to an end-user (individual or entity). 

A Canadian-citizen transportation operator (for example, a truck driver) coming to the United States to 

deliver or load merchandise may be classifiable as B-1 (Schedule 1, Distribution), provided there is no 

"point-to-point" loading and delivery of merchandise within the United States. In this same vein, 

Canadian-citizen taxi drivers or passenger-van operators may enter the United States to pick up passengers 

for delivery to Canada pursuant to an oral or written contract for services; however, no intermediate loading 

and delivery of passengers within the United States is permissible. 

In negotiating the FTA, the importance and desirability of facilitating the entry of Canadian citizen 

business persons was emphasized; however, it is necessary to be mindful that the meaning of a business 

visitor has not been expanded or redefined for purposes of the FTA. Schedule 1 (After-Sales Service), 

however, extends the performance of after-sales service and training to the life of the warranty or service 

agreement and adds computer software to commercial and industrial equipment or machinery. The computer 

software and commercial and industrial equipment or machinery must be purchased from an enterprise 

outside the United States and must not be of United States origin. The life of the warranty or service 

agreement may include a renewable service contract provided that such language was included in clear and 

definitive terms in the original contract at the point of sale. Nothing under the FTA precludes third party 

contracts for after-sales service as long as the third party agreement was contracted at the time of sale. 

Similarly, nothing under the FTA precludes after-sales service of equipment which is rented out by the original 

purchaser to another U.S. entity as long as such equipment or machinery remains under ownership of the 

original purchaser and the warranty or service agreement is still in effect. On the other hand, the after-sales 

provision does not apply to warranties or service agreements on industrial equipment or machinery, or 

computer software leased from enterprises outside the United States. 

As set forth in Schedule 1 (General Service), professionals who are otherwise classifiable under section 

101(a) (15) (H) (i) may be admissible as B-1 if no salary or other remuneration is received from a United 

States source. This does not extend to professional entertainers, except those who are coming strictly to 

participate in a cultural program sponsored by the sending country to perform before a non-paying audience 

and who will be compensated for expenses by the sending country's government. 

Under General Service, tourism personnel may be classified as B-1's to attend or participate in 

conventions or to conduct an international tour that either originates or terminates, or both, in foreign 

territory. The tour group must cross an international boundary, and the tour may not both begin and end at 

places within the United States even if an international boundary has been crossed during the course of the 

tour. The alien tour operator or tour driver must remain with the tour group throughout the course of the tour. 

If a tour originates in the United States, a significant portion of the tour must take place in foreign territory in 

order to preserve the international nature of the tour. In the case of a tour originating in the United states, 

the alien tour operator or tour driver, if otherwise classifiable as B-1, may enter the United States with an 

empty conveyance or with another tour group. 

Consistent with the Department of State notes to 22 CFR 41.31 in Volume 9 of the Foreign Affairs Manual, 

concerning classification of aliens as temporary visitors, the source of remuneration should be considered in 

determining whether an alien is classifiable as a B-1. If an alien is to receive an honorarium or other fee for 

services rendered, it must be determined that such is an incidental expense and not direct remuneration. 

The actural place of accrual of profits for services rendered by an alien should also be considered in 

determining whether an alien is qualified as a nonimmigrant visitor for business. There must also be a clear


intent on the part of the alien to continue a residence outside the United States. The fine line between a 

temporary visitor for business and an alien seeking local labor or employment is often a difficult one to draw, 

and these as well as other factors must be considered. 

Several references to the term "commercial transactions" are contained in Schedule 1. Although the 

statute is silent as to the definition of "commercial transactions," any act (within the confine of the law), 

which is performed expressly to derive a profit may be construed as a commercial transaction. This 

includes, but is not limited to the purchase, sale, marketing, distribution, advertisement, negotiation, 

procurement, transmission, or transportation of goods or services. 

The dependent spouse or unmarried minor children of a Canadian citizen classifiable under the FTA as 

B-1, shall be admitted as B-2 provided they meet all existing requirements for admission under section 212(a) 

of the Act. The B-2 spouse and children shall be admitted for a period of time commensurate with that of the 

principal alien but not to exceed one year. The spouse and children shall be eligible for an extension of 

temporary stay and shall be included in the application for extension filed by the B-1. 

The spouse and unmarried minor children of a Canadian citizen who is classifiable as a professional (TC) 

pursuant to section 214(e) of the act and as set forth under the FTA shall be entitled to classification as B-2 

if they are otherwise admissible. The dependent spouse and children of a TC nonimmigrant shall be entitled 

to a period of admission not to exceed one year and shall be provided documentation, Form I-94, for "multiple 

entries." The reverse side of the arrival stub of Form I-94 shall bear the legend "TC Dep" and shall show the 

name of the principal alien. 

The B-2 unmarried minor children of a TC Canadian citizen shall be eligible to attend school in the United 

States during the period of authorized temporary stay provided that such education is incidental to their 

status and is not the primary objective for entry. 

For special instructions relating to Mexican nationals in possession of Forms I-186 who seek as visitors, 

see OI 235.14 

(c)Transits. 

The open-face TWOV stamp prescribed in AM 2790.21 shall be affixed to the flight coupons presented by 

a TWOV passenger as evidence of his confirmed and onward reservations to the next country beyond the 

United States. A request by a carrier for permission to refund to TWOV passenger's ticket may be granted 

by the Service only when the Service has consented to the alien's remaining in the United States or to the 

alien's departure on another carrier or conveyance. 

An alien who is seeking entry for the purpose of joining a vessel in the United States who is in possession 

of a valid D visa issued pursuant to a section 212(d) (3) (A) order may be admitted as a transit without a 

visa, provided he is otherwise admissible except for the grounds of excludability enumerated in the order. 

An alien who is being deported by another country through the United States, either with or without an 

escort, shall not be admitted as a transit without a visa; in such case, he may be paroled for the purpose of 

transiting the United States. 

Because of obligations undertaken by the United States pursuant to the United Nations Headquarters 

Agreement, applicants for admission as C-2 nonimmigrants are exempted from the grounds of inadmissibility 

listed in section 212(a) of the Act, except those listed in paragraph (26) (A), (27), (28) and (29) thereof. 

Unless otherwise indicated in the consular notation on the visa, in section 212(d) (3) authorization, or in an 

instruction from the Central Office in a specific case, the period of admission on the Form I-94 of a C-2 

nonimmigrant shall be shown as "D/S at U.N.," meaning admitted for duration of status at the United Nations. 

Airlines with sterile hold areas (in-transit lounges) approved for such use by the Commissioner, may, under 

individual agreements with the Commissioner, disembark the entire passenger content of an aircraft at a 

United States airport, place such passengers in the "intransit lounge" while the aircraft is being refueled, etc., 

and then reboard them on the aircraft for direct foreign departure, without physically presenting such 

passengers for inspection in the INS inspection area. Notwithstanding the foregoing, an applicant, who is 

precluded from transit without visa privileges by 8 CFR 212.1(e) may not be carried to the United States 

under the "in-transit lounge" agreement. Additionally, under individual agreement with the Commissioner, an 

airline with an approved "intransit lounge" facility may be authorized by the Commissioner to select 

passengers without visas from company-owned or operated aircraft, place them in 'in-transit lounges" for 

periods not exceeding 8 hours without presenting them for inspection by the Service. "In-transit" passengers 

in both cases shall be subject to immigration inspection at any time without advance notice to the airline, and 

must be admissible to the United States under section 212 of the Immigration and Nationality Act, except for


those subsections pertaining to documentary requirements. 

A C-2 nonimmigrant admitted pursuant to the United Nations Headquarters Agreement who wishes to 

depart from the 25 mile radius of Columbus Circle, New York City, New York during his or her stay in the 

United States shall make application to the District Office, New York City. (See OI 212.4(f) 92) for 

procedures in section 212(d) (3) waiver cases). 

See OI 238.1(a) for procedure regarding a TWOV alien who absconded. 

(d) Crewmen. 

See OI 252 and OI 253. 

(e) Traders and investors. 

The provisions of section 101(a) (15) (E) (i) apply to nationals of Argentina, Austria, Belgium, Bolivia, 

Borneo, China, Colombia, Costa Rica, Denmark, Estonia, Ethiopia, Finland, France, the Federal Republic of 

Germany, Greece, Honduras, Iran, Ireland, Israel, Italy, Japan, Korea, Latvia, Liberia, Luxembourg, the 

Netherlands, Norway, Pakistan, Paraguay, the Philippines, Spain, Sultanate of Muscat and Oman, 

Switzerland, Thailand, Togo, Turkey, the United Kingdom of Great Britain and Northern Ireland, Vietnam, and 

Yugoslavia. The provisions of section 101(a) (15) (E) (ii) apply only to nationals of Argentina, Austria, 

Belgium, China, Colombia, Costa Rica, Ethiopia, France, the Federal Republic of Germany, Honduras, Iran, 

Italy, Japan, Korea, Liberia, Luxembourg, the Netherlands, Norway, Pakistan, Paraguay, the Philippines, 

Spain, Sultanate of Muscat and Oman, Switzerland, Thailand, Togo, United Kingdom of Great Britain and 

Northern Ireland, Viet-Nam, and Yugoslavia. (TM 7/86) 

The Treaty of Friendship, Commerce and Navigation between the United States and Nicaragua was 

terminated, effective May 1, 1986. Accordingly, no Nicaragua national who held E-1 or E-2 status pursuant 

to that treaty is eligible for an extension of stay beyond May 1, 1986, nor is any Nicaraguan national eligible 

for admission to the United States, or to readmission after an absence from this country, as an E-1 or E-2 

nonimmigrant. (TM 7/86) 

A qualified technician may be classified as a treaty trader under section 101(a) (15) (E) (i) if he is a 

national of a treaty country and is to be employed by a firm, at least 50% of which is owned by nationals of 

that country, which is engaged in a substantial volume of trade principally between the United States and the 

treaty country, he will be engaged in performing warranty repairs on intricate and complex products sold in 

the course of trade between the United States and that country, and it appears the firm is otherwise unable 

to obtain the services of technicians in the United States to perform such repairs. When granting an 

extension of stay to such a technician, or when granting a change of status to that of a treaty trader to such 

a technician, the employing firm shall be advised that the action has been taken with the understanding that 

the employer will utilize United States citizens or permanent resident aliens in the performance of the 

warranty repairs, as such persons become available to make the repairs or are to be trained in making such 

repairs. When the employing firm has been so notified, the alien's Form I-539 should be noted to so indicate. 

If the alien should subsequently apply for a further extension of stay, the adjudicator shall determine what 

steps the firm has taken to train or employ resident United States workers to perform warranty repairs. The 

extension should not be granted if it appears the firm has failed to make serious efforts to comply with the 

notification. (TM 7.86) 

In general, when an alien who has been granted E-1 or E-2 classification applies for extension of 

temporary stay, the description of the applicant's duties shown on the accompanying form I-126 will be 

examined closely. If there is doubt regarding the accuracy of the description, an adjudicator shall make 

appropriate inquiry. The application should be denied if the applicant's duties are not executive, managerial, 

or supervisory in nature or if the applicant does not bare special qualifications necessary for the firm's 

efficient operation. 

An alien employed by a foreign person may not be classified as an E-1 or E-2 nonimmigrant unless the 

foreign employer is also classified as an E-1 or E-2 nonimmigrant. If abroad, the employer must be eligible 

for admission to the United States as an E-1 or E-2 nonimmigrant. If the employer is a corporation or other 

business organization, the majority ownership (at least 50 percent) of the business must be by aliens who 

are of the same nationality as the employee and who, if not resident abroad, are maintaining status under 

section 101(a) (15) (E). An alien who is a lawful permanent resident of the United States does not qualify to 

bring employees into the United States under section 101(a) 915) (E). Shares of a business owned by lawful 

permanent aliens cannot be considered in making determinations of majority ownership by nationals of the 

treaty country. (TM 7/86)


While the Service is not in a position to authorize the nonimmigrant E spouse and children of a treaty 

trader or treaty investor to accept employment, they will not be deemed to have violated status if they do so; 

and so long as the principal E nonimmigrant is maintaining status, no action will be taken to require their 

departure. 

The notes to 22 CFR 41.40 and 41.41 in Volume 9--Visas, Foreign Affairs Manual, contain information 

concerning the various treaties of trade entered into by the United States, and important information 

concerning certain limitations of treaty provisions. These notes must be consulted when considering matters 

involving treaty traders and investors. 

(f) Contents of OI 214.2(f) 

(1) Admission of student 

(i) Admission of F-1 students (and accompanying F-2 dependents) 

without Form I-20 

(ii) Admission number 

(iii) Unknown admission number 

(2) I-20 ID copy 

(i) General 

(ii) Replacement of a lost I-20 ID copy 

(iii) Additional space for endorsement 

(3) Spouse and minor children following to join student: (Reserved) 

(4) Temporary absence 

(i) Definition of temporary absence 

(ii) Endorsement of DSO on page 4 of Form I-20 

(iii) Issuance of duplicate pages 3 and 4 

(5) Duration of status 

(i) General 

(ii) Conversion to duration of status 

(6) Full course of study Review of the decision by DSO to 

recommended a less than full course of study 

(7) Extension of stay 

(i) General 

(ii) Grace period for students whose status pre-dates May 22, 1987 

(iii) Extension of stay granted under the eight consecutive 

academic-year rule is conditioned upon normal progression by the 

student in an educational level 

(iv) Request for extension of stay after an extended period in 

an educational level 

(v) Noncompliance with the extension of stay procedures 

(8) School transfer 

(i) General 

(ii) Students who are not pursuing a full course of study 

(iii) Change school after admission 

(iv) Endorsement of transfer by DSO 

(v) Timely reporting of the transfer 

(9) Employment 

(i) On-campus employment 

(A) Definition 

(B) Scholarship, fellowship, assistantship, or postdoctoral 

appointment 

(ii) Off-campus employment 

(A) One year work bar 

(B) Economic necessity due to unforeseen circumstances 

(10) Practical training 

(i) Eligibility


(ii) Duration of practical training 

(iii) Required practical training for candidates of a degree 

or a diploma 

(iv) Duration of curricular practical training 

(v) 50% deduction for part-time curricular practical training 

(vi) Certification by DSO of the unavailability of comparable 

training experience 

(vii) Resumption of studies after a period of post graduation 

practical training 

(viii) Unused practical training time. 

(ix) Change in employers during authorized practical training. 

(x) Notation on I-20 ID by INS Officer or DSO. 

(11) Decision on application for extension, permission to accept 

or continue off-campus employment or practical training. 

(i) Form I-538 and application fee. 

(ii) Action by DSO on Form I-538. 

(iii) Notification of action by INS on Form I-538. 

(12) Reinstatement to student status. 

(13) School code suffix on Form I-20A-B. 

(14) Supplemental instructions. 

(i) About the operations instructions. 

(ii) I-20 ID (Student) Copy. 

(iii) Extension of stay. 

(iv) Departure of short duration. 

(v) Off-campus employment authorization. 

(vi) Curricular practical training. 

(vii) Split post-graduation practical training. 

(viii) Revised Form I-20A-B. 

(1) Admission of Student. 

(i) Admission of F-1 students (and accompanying F-2 dependents) without Form I-20. A bona fide 

student may be admitted or readmitted as a nonimmigrant for 30 days if, for a valid reason, he or 

she does not have a Form I-20A-B. In that case, a Service officer will issue a Form I-515 and 

instruct the student to obtain a properly completed Form I-20A-B from the school the student is 

attending or intends to attend. The student must submit the Form I-20A-B to the INS office having 

jurisdiction over the school within the 30-day period to apply for extension of stay. Upon approval, 

the student and the accompanying dependents will be given an extension of stay for duration of 

status. 

(ii) Admission number. Since the admission number is a permanent record and is used as the key 

search element and identifier of a student in the automated student-school database (STSC), it is 

necessary to preserve it for accurate data entry and record keeping. Therefore, the Service 

recommends that the designated school official write the student's admission number, if known, on 

any new Forms I-20 issued. Similarly, Service officers should copy the admission number, if known, 

on any new Form I-94 issued subsequent to a student's initial admission. 

(iii) Unknown admission number. When admitting a student who does not have an admission 

number, the Service officer should give the student the admission number from the new Form I-94. 

This new admission number will be consolidated electronically under the original admission number 

when it is entered into the automated student school system. 

(2) I-20 ID Copy 

(i) General. The admission number on the Form I-20 ID is a permanent record. A student is 

expected to keep his or her Form I-20 ID copy indefinitely. A student who has lost the I-20 ID Copy 

may request a replacement copy from the Service. To replace a lost I-20 with the applicable fee to 

the Service office having jurisdiction over the location of the school. 

(ii) Replacement of a lost I-20 ID Copy. Upon readmission after a temporary absence from the 

United States, a student who has lost the I-20 ID Copy may be issued a new one without filing a 

Form I-102. (An F-2 dependent should not be issued a Form I-20 ID Copy.)


(iii) Additional space for endorsement. To comply with the requirements of employment verification 

pursuant to 8 CFR 274a, Service officers and designated school officials are expected to endorse 

the I-20 ID Copy to provide specific information concerning the authorized practical training. If there 

is not enough space, endorsements may be continued on a new Form I-20 ID Copy by attaching it to 

the one initially issued to the F-1 student by the Service at the time of admission. 

(3) Spouse and minor children following to join student. (Reserved) 

(4) Temporary absence. 

(i) Definition of temporary absence. For the purpose of admitting or readmitting an F-1 student or the 

student's F-2 dependents with an endorsed page 4 of a Form I-20A-B, a temporary absence from the 

United States is defined as an absence of less than five months. 

(ii) Endorsement of DSO on Page 4 of Form I-20. 

When a student fails to obtain an endorsement on page 4 of Form I-20A-B from the designated 

school official for reentry after a temporary absence from the United States, a Service officer may 

issue a Form I-515 and admit the student for 30 days, as provided by 8 CFR 214.2(f) (1) if the 

student is otherwise admissible. The accompanying F-2 dependents may also be admitted for a 30 

day period under the same provision. 

(iii) Issuance of duplicate pages 3 and 4. If a student loses the student copy (pages 3 and 4) of the 

initial Form I-20 A-B, a designated school official may issue duplicate pages provided that they are 

in all respects identical to the initial pages. 

(5) Duration of status. 

(i) General. Any F-1 student admitted on or after May 22, 1987, the date on which the new 

regulations took effect, is admitted for duration of status. An F-1 student is considered in status for 

the entire length of time during which the student is enrolled as a full time student in an educational 

program plus any authorized period of practical training and an additional sixty days to prepare for 

departure. 

Under this provision, a student may continue from one educational level to another, such as 

progressing from high school to a bachelor's program or a bachelor's program to a master's program, 

etc., simply by invoking the procedures for transfer schools as provided by 8 CFR 214.2(f) (8). 

For the purpose of this paragraph, a student who is taking a less than full-time load because of 

illness or other valid medical reasons is considered in status for the duration of the illness or the 

medical condition. Similarly, any student who takes less than a full-time load on the advice of the 

designated school official for valid academic reasons is also considered to be in status. 

(ii) Conversion to duration of status. Any bona fide nonimmigrant student who was admitted in the 

F-1 classification or granted a change of status to that of an F-1 student before May 22, 1987, is 

automatically converted to duration of status under this rule. Any dependent spouse and children 

who are maintaining their F-2 status are also converted to duration of status automatically. 

Any F-1 student or F-2 spouse and children who are converted to duration of status under this rule 

will be issued a new I-94 at the time they apply to the INS for extension of stay or seek readmission 

after a temporary absence from the United States. 

(6) Full course of study. 

Review of the decision by DSO to recommend a less than full course of study. Service regulations at 8 

CFR 214.2(f) (6) (v) gives DSOs the authority to recommend a less than full course of study to students 

who have not yet adjusted linguistically and culturally to this country. But the Service reserves the 

authority to review and approve any such permissions granted by the DSO. 

The current regulations require minimal contact between the student and the Service after the student;s 

initial admission to the United States. 

There are no established procedures for systematic review of recommendations made by DSOs pursuant 

to paragraph 8 CFR 214.2(f) (6) (v). The Service may review these decisions when an F-1 student


makes contact with the Service -- for example, when the student files an application for benefits or 

extension of stay. Once the Service has endorsed a permission granted by the DSO, it will not be 

reviewed again. Only decisions made subsequent to the previous review are subject to examination in 

the student's later contact with the INs. 

Where the INS finds the DSO's decision inappropriate, it is the responsibility of the DSO to demonstrate 

that the permission to take a less than full load was granted in good faith. Inability to offer a reasonable 

explanation will be construed as intentional abuse of the student school program. In that case, the INS 

will advise the student that he or she is out of status and will consider possible action against the 

institution involved, as prescribed in 214.4(b). In the absence of proof of abuse, the INS will not take 

action against either the student or the school. 

(7) Extension of stay. 

(i) General. As of May 22, 1987, the effective date of the student regulations, all students who 

have been in an educational level for an extended period as prescribed by 8 CFR 214.2(f) (7) (ii) or 

in student status for eight consecutive academic years must apply for extension of stay regardless 

of their initial admission date. 

Students who need to apply for extension of stay should do so at least 15 days but no more than 60 

days before the expiration of their current authorized stay. The application on a Form I-538 with the 

applicable fee should be submitted to the INS office having jurisdiction over the location of the 

school the student is attending. 

Failure to file a timely application for extension of stay will result in the loss of student status. In 

that case, a student will have to request to be reinstated to student status in accordance with the 

provisions of 8 CFR 214.2(f) (12). An application for extension of stay may be filed concurrently 

with a request for reinstatement. 

(ii) Grace period for students whose status pre-dates May 22, 1987. To allow sufficient time for 

students and schools to adjust to the regulatory changes and to phase into the regulatory changes 

and to phase into a full implementation of the new extension of stay procedures, students who have 

been in F-1 status since before May 22, 1987, will be given a grace period for compliance with this 

rule. No penalties will be imposed on students for late application for extension of stay until Oct. 1, 

1988. 

(iii) Extension of stay granted under the eight consecutive academic-year rule is conditioned upon 

normal progression by the student in an educational level. A student who is admitted for duration of 

status is not required to have his stay extended until eight consecutive years have elapsed, 

provided that the student is taking a full load and progressing at a normal pace toward his final 

educational objective, e.g., master's degree, ph.D., etc. Normal progression is defined as 

completing a given academic or educational level within the time limit prescribed by 8 CFR 214.2(f) 

(7) (ii). Extension of stay will be granted in eight-year intervals to students who are maintaining 

status. A student who applies for extension of stay in a timely fashion after spending an extended 

period in an educational level is considered to be maintaining status. 

A student who fails to apply for extension of stay after spending an extended period in an 

educational level is considered out of status and will automatically lose the remaining period of the 

authorized stay. Any student who loses a previously granted extension of stay in the 

aforementioned situation may, however, request to be reinstated to student status. Upon 

establishing to the Service that there are valid academic or medical reasons for exceeding the time 

limit, the student may have the lost portion of the previously authorized stay restored. 

(iv) Request for extension of stay after an extended period in an educational level. A student who 

applies for extension of stay after spending an extended period in an educational level will not be 

granted an additional eight-year extension. Under the extended period rule, a student will only be 

granted extension for the remaining time in an eight-year period. The student must apply for 

extension of stay again at the end of the eight-year period to continue the educational program. At 

that point, the student may be granted an extension for another eight years under the eight-year 

in-status rule. 

(v) Noncompliance with the extension of stay procedures. On and after October 1, 1988, any 

student who fails to apply for extension of stay pursuant to 8 CFR 214.2(f) (7) of this section will be 

considered out of status whether or not the student is still pursuing a full time load. A student who 

is out of status is deportable from the United States and is not eligible for benefits such as part-time


employment, practical training and school transfer. Any request for such benefits should be denied 

whether submitted to the designated school official or to the Service. Benefits may be resumed only 

after the student has been reinstated to status by the Service as provided by 8 CFR 214.2(f) (12). 

Once reinstated, the student may continue attendance at the same school or transfer to a different 

school. 

(8) School transfer. 

(i) General. A bona fide nonimmigrant student may transfer to a different school through the 

notification procedure provided in this paragraph. The new school may issue a I-20A-B to a student 

after verifying the student's eligibility as provided by 8 CFR 214.2(f)(8)(i). 

After beginning classes at the new school, the transfer student is expected to complete page 2 of 

the I-20A-B form and return it to the designated school official for endorsement to effect the 

transfer. This should be done no later than 15 days from the date the student begins classes. 

Within 30 days of receipt of the I-20A-B, the designated school official should forward the top page 

of the I-20A-B to the INS data processing center. The designated school official must follow this 

procedure closely to ensure proper record keeping and to avoid undue penalty to the student for not 

maintaining status. 

This transfer procedure should be followed by any student seeking attendance at a school other 

than the one he or she was last authorized to attend. 

(ii) Students who are not pursuing a full course of study. With the exception of those who are 

advised to take less than a full load for valid academic or medical reasons by the DSO, any student 

who is not pursuing a full course of study at the school he or she is authorized to attend is 

considered out of status. Such a student may not transfer to a different school without first asking 

for reinstatement. If reinstated, the student may attend the new school without transfer. While the 

request for reinstatement is pending, the student may be enrolled in school subject to approval or 

denial of his request for reinstatement. In the case of a denial, the student must drop out of school 

and depart the United States upon notification by the INS. 

(iii) Change school after admission. A nonimmigrant who is initially admitted into the United States 

as a F-1 student on an I-20A-B form is expected to attend the school that issued the form. A 

student who attends a different school is considered to be out of status and must seek 

reinstatement to status under the provisions of 8 CFR 214.2(f) (12). The student's continued 

enrollment at the school is subject to approval of the request for reinstatement by the Service. 

(iv) Endorsement of transfer by DSO. To effect a transfer, the designated school official must follow 

the transfer procedures in 8 CFR 214.2(f) (8), including proper verification of the student's 

nonimmigrant status and academic records at the previous school as well as the student's 

nonimmigrant status and academic records at the previous school as well as the student's actual 

attendance at the new school. The designated school official may adopt whatever method is most 

expedient to accomplish this task. For the purpose of this paragraph, verification of a student's 

attendance in class is synonymous with that of a student's registration or enrollment. 

(v) Timely reporting of the transfer. To complete the transfer procedure, the designated school 

official must submit pages 1 and 2 of Form 

I-20A-B within 30 days upon receipt of the form from the transfer student to the INS Data 

Processing Center at: P.O. Box 140, London, Kentucky 40741, Attn: Student-School Program. 

(9) Employment. 

(i) On-campus employment. 

(A) Definition. On campus employment means employment performed on the school's premises. 

This includes employment for a commercial firm providing services for students on campus, for 

example, in the school's bookstore or cafeteria. Working on the school's premises for a 

commercial firm that does not provide on-campus services for students, however, is not 

considered on-campus employment, for example, at a construction site for a new school 

building. On-campus employment must be performed on the school's premises and is limited to 

no more than 20 hours a week while school is in session. An F-1 student may be employed 

on-campus for duration of status.


(B) Scholarship, fellowship, assistantship or postdoctoral appointment. On-campus employment 

pursuant to the terms of a scholarship, fellowship, assistantship, or postdoctoral appointment 

which is a part of the student's academic program must normally be performed on the premises 

of the school. This type of on-campus employment may also be performed at an off-campus 

location that is educationally related to the school if it is done in conjunction with the student's 

educational program. 

(ii) Off-campus employment. 

(A) One year work bar. An F-1 student is prohibited from engaging in off-campus employment 

during the first year in the United States. After the first year, a student who has financial 

difficulties caused by unforeseen factors arising after the student's entry or change to student 

status may apply for employment authorization. A student who has been temporarily absent 

from this country for five months or less during the first year is considered to have satisfied the 

one-year in-status requirement and is eligible for employment authorization. Any student who 

has been absent for more than five months during the first year is not eligible for employment 

authorization, however, until such a student has been in status for another full year. 

(B) Economic necessity due to unforeseen circumstances. A student may be granted 

employment authorization if he or she can establish that the economic necessity is caused by 

factors beyond the student's control, such as loss of financial aid (scholarship, etc.) or 

on-campus employment, substantial fluctuations in the value of currency or exchange rate, 

inordinate increases in tuition and living costs, unexpected changes in the financial condition of 

the student's source of support, medical bills, and other unexpected expenses. 

(10) Practical training. 

(i) Eligibility. Under the provisions of 8 CFR 214.2(f) (10), employment in the student's field of study 

for the purpose of practical training is made available to students both before and after the 

completion of their studies. A student must have been in status for at least nine consecutive 

months to be eligible for participation in any type of practical training. 

This nine month in-status requirement is also applicable to students in curricular practical training 

programs, such as alternate work-study, internships, and cooperative education. Students who 

have been in full-time curricular practical training for six months or longer are not eligible for more 

practical training after completion of studies. 

Students who are taking a less than full course of study on the advice of the designated school 

official are considered in status and are not precluded from participation in practical training if they 

are also otherwise eligible. 

(ii) Duration of practical training. A student may be granted employment for practical training for an 

aggregate of 12 months before completing the educational program and for an additional 12 months 

of practical training after completing the educational program. 

Pre-graduation practical training (including curricular practical training) and post-graduation practical 

training are two separate categories. A student should not be granted practical training exceeding a 

total of 12 months for each category. 

(iii) Required practical training for candidates of a degree or a diploma. According to 8 CFR 

214.2(f)(10) (i) (A) (2), a student who is enrolled in an educational program that requires practical 

training of all candidates for a degree or diploma may be granted employment authorization by the 

designated school official. This provision is designed for short duration interships that are an 

integral part of the established curriculum or educational program. Students in these programs 

typically are required to complete practical training before they are issued a degree or diploma. 

This intership may be optional under some circumstances. For example, a master's degree 

candidate may opt to undertake a period of practical training in lieu of writing a thesis, etc., to 

satisfy a degree requirement. An elective internship that is not required for the attainment of the 

degree or diploma is considered curricular practical training and is excluded from this category. 

(iv) Duration of curricular practical training. 

A student who engages in curricular practical training for more than than six months in the aggregate 

is precluded from participation in further training after completion of studies. An academic student


enrolled in a curricular practical training program is limited to a total of 12 months of training time. 

The only exception is where the student's academic curriculum requires more than 12 months of 

training, and the student is unable to complete the educational program without completing the 

required training. 

(v) 50% deduction for part-time curricular practical training. The time a student is in curricular 

practical training should be deducted from the training time permitted before graduation. For a 

student engaging in full time off-campus employment as a part of the training program, the entire 

period of training time is deductable. Should a curricular practical training program require 

instructions or coursework along with part-time off campus employment, a 50% deduction is allowed 

in the calculation of actual training time. The 50% rate of deduction is only applicable to part-time 

off-campus employment that is 20 hours or less per week. For example, a student who works 10 

hours a week for four months in a work-study program is only allowed a 50% deduction (two months 

out of four), and a student who works 30 hours a week for four months must deduct the whole 

amount (four months). 

(vi) Certification by DSO of the unavailability of comparable training experience designated school 

official may grant employment authorization for practical training to eligible students, as provided by 

8 CFR 214.2(f) (10) (i). When authorizing employment for practical training, the DSO must certify on 

a Form I-538 that comparable employment is not available in the country of the student's foreign 

residence and that it is directly related to the student's field of study. Certification by the DSO to 

this effect is required of all students seeking employment for practical training except for students 

attending a school which makes practical training a mandatory part of its curriculum. 

(vii) Resumption of studies after a period of post graduation practical training. A student may opt to 

split up the two periods of post-graduation practical training between two educational programs. For 

example; after graduating from a master's program, a student may wish to have six months of 

practical training before resuming studies in a ph.D. program. *In that case, the student can 

request to reserve the second period of practical training for use after the ph.D. program. 

Any student who desires to split up the post-graduation practical training may ask the DSO to 

endorse the I-20 ID to that effect upon registration for the new educational program. Then the 

student may apply for the second period of practical training by filing an I-538 explaining all the 

facts with the INS after completing the new educational program. 

* A student who is engaging in practical training is considered in status. To resume full-time studies 

in a new educational program after a period of post-graduation practical training, the student only 

has to invoke the transfer procedure. 

(viii) Unused practical training time. An unused portion of employment authorization may not be 

reclaimed at a later date. If a student stops employment for any reason before the authorization 

expires, the remaining time may not be credited for later use. For example, a student who resumes 

a full course of study after three months of post-graduation practical training may not ask for credit 

for the remaining portion of the six months authorized for first-period practical training. 

(ix) Change in employers during authorized practical training. An F-1 student may change employers 

during the authorized period of practical training. Any new employment must meet the requirements 

provided for in 8 CFR 214.2(f)(10). 

(x) Notation on I-20 ID by INS Officer or DSO. 

For the implementation of part 274 - the control of employment of aliens--of the Immigration Reform 

and Control Act of 1986, the INS regulations at 8 CFR 274a require that a Service officer or a 

designated school official endorse the I-20 ID Copy for practical training to give the following 

information: 

- The type of training authorized, e.g., pre-graduation practical training, curricular practical training, 

first period practical training post graduation, etc. 

- the period of time during which the training is authorized, from ___to ___. 

- The occupation or field in which employment is authorized. 

- The name, title and signature of the authorizing official, and


- The school code (location) and date of authorization. 

The I-20 ID Copy should be given back to the student after endorsement. There is no need to send 

it to the Service data processing centre. 

(11) Decision on application for extension, permission to accept or continue off-campus employment or 

practical training. 

(i) Form I-538 and application fee. Any student applying to the Service for extension of stay, 

part-time off-campus employment or second period of practical training must submit a Form I-538 

and the fee prescribed by 8 CFR 103.7. A fee is not required, when the I-538 is submitted by the 

designated school official to the INS data processing center as a notification of employment 

authorization for practical training. 

(ii) Action by DSO on Form I-538. DSOs should check the appropriate box on the I-538 form to 

indicate the decision made on th student's application. for approvals, the DSO should check the 

box indicating employment authorization and fill in the dates to show the period of time during which 

training is authorized. For denials, the DSO should check the box to show that the application for 

training is denied. In either case, the DOS should sign his or her name in the space reserved for 

official use, and write in the date of action and the school code. 

(iii) Notification of action by INS on Form I-538. When an application is approved, the Service officer 

will endorse the Form I-20 ID Copy and return it to the student in a window envelope using the 

address label on Form I-538. If the student is represented by an attorney, 

Form I-542 will be used in lieu of the address label. 

If the application is denied, Form I-541 will be used to notify the student of the Service decision. 

The student's I-20 ID Copy and a Form I-438, if applicable, should be enclosed. Whenever an 

application for extension of stay is denied, a Service officer should note any voluntary departure 

granted on the student's form I-20 ID Copy. 

On the request of a designated school official, the district director may furnish the school with a 

copy of Form I-541 or I-542. The student or the designated school official may also request that the 

student's I-20 ID Copy be returned care of the designated school official. 

(12) Reinstatement to student status. 

A request for reinstatement must be accompanied by a detailed written statement pursuant to 

requirements outlined in this paragraph. It is recommended, but not required, that the student submit a Form 

I-538 without fee to expedite a decision in the case. If the student's statement does not give sufficient 

information for a decision, the officer considering the request may ask for a Form I-538. 

(13) School code suffix on Form I-20A-B. 

(Reserved) 

(14) Supplimental instructions. 

(i) Operations instructions The purpose of the O.I.s is primarily to amplify an interpret the regulations 

as well as providing instructions or procedures where needed for the Service's officers. What the 

O.I.s provide are the guiding principles for adjudications rather than specific instructions for 

exceptional situations. Service officers are given the flexibility to exercise discretion in dealing with 

exceptional situations. 

Therefore, the O.I.s should not be viewed as only a handbook on procedures. the O.I.'s are bound 

by the language of the regulations that they interpret as the regulations must conform to the 

statutes. The O.I.s may not contradict or amend the laws. Thus, the O.l.s may not be used to 

make what should be regulatory changes. 

(ii) I-20 ID (Student) Copy. The copy (pages 3 and 4) of the new I-20 A-B will replace the old yellow 

I-20 ID card. Employment endorsement will be made on page 4 of the new Form I-20 A-B, which is 

also the new I-20 ID (Student) Copy. Replacement copies of the I-20 ID (Student) copy may be 

issued by the designated school official without the filing of an I-102 except where off-campus 

employment or the second period of practical training has been authorized. In that case, the


designated school official must file a Form I-20 A-B. The designated school official should indicate 

in item 3 of the I-20 form that the form is issued or the replacement of a lost I-20 ID Copy. Students 

are expected to keep their I-20 ID copies indefinitely. 

(iii) Extension of stay. Extension of stay under the eight year rule is conditioned upon normal 

progression toward the final educational goal. A student who completes an educational program 

within the time limits described in 8 CFR 214.2(f)(7)(ii) is progressing toward the final educational 

objective at a normal pace. A student who exceeds the time limits must establish that there are 

valid educational or medical reasons for not empleting the program in the prescribed time before the 

extension will be granted. 

The Extension of stay rule is retroactive. Students whose status predates May 22, 1987, were 

originally given a grace period for late application until October 1, 1988. Because many students 

and schools are experiencing difficulty in meeting the October 1, 1988, deadline, the Service has 

decided to further extend the grace period to June 30,, 1989. 

(iv) Departure of a short duration. 

Regulations at 8 CFR 214.2(f)(7)(i) indicate that a departure from the United States for a short 

duration - not to exceed an annual vacation plus may be one semester or trimester - does not break 

the continuity of the educational program. 

A student obviously has to be enrolled and carrying a full-time load for at least part of the academic 

year in order to meet the requirements for the eight consecutive year extension. 

On the other hand, students who are permitted to take a leave of absence from the school for a 

year or two should be allowed to return to the same educational program without restarting the clock. 

In that case, designated school officials may determine whether a student is starting a new program 

or simply returning to finish an old program. 

(v) Off-campus employment authorization. 

Off-campus employment authorization granted under 8 CFR 214.2(f)(9) is terminated when the 

student transfers from one school to another or when the need for employment ceases. As long as 

the student is maintaining status, beginning a new educational program at the same school does not 

terminate the employment authorization. However, as off-campus employment authorization may not 

exceed the expected completion date of the student's current educational program, it is unlikely that 

a student would still have a valid employment authorization when he/she begins a new educational 

program, whether at the same school or not. 

(vi) Curricular practical training. 

Curricular practical training is an integral part of an academic program which is designed to prepare 

students for a career by supplementing theoretical training with actual work experience. Like 

work-study, intership and cooperative education programs, pre-completion training as described in 8 

CFR 214.(f)(10)(i)(A)(2) is also curricular practical training. 

The characteristics that make these two categories different are the duration of the training period 

and whether the training is required. In other words, required practical training under 8 CFR 

214.2(f)(10)(i)(A)(2) may not be elective or longer than six months. All other kinds of co-op 

education, internship or work-study program are considered curricular practical training as described 

in 8 CFR 214.2(f)910)(i)(D). 

In making this distinction, the Service is reiterating its longstanding policy of authorizing employment 

for practical training; authorization will only be granted to students who need practical experience to 

round out their academic studies. Where a student has participated in more than six months of 

structured full-time training, further employment for practical training will not be granted after the 

student completes his or her academic studies. Such a student is considered to have had the 

opportunity for a meaningful work experience. 

(vii) Split post-graduation practical training. As specified inn the O.I.s, an F-1 student may opt to 

split up the two periods of post-completion practical training between two programs. In such a split, 

the two separate six-month segments may be regarded as two first periods. 

Procedures for the first period post-completion practical training may be followed in both occasions.


Students who desire to resume their studies after the first period of practical training should not 

apply for the second period of practical training since the unused portion of employment 

authorization may not be reclaimed. 

(viii) Revised Form I-20 A-B. The Service has revised Forma I-20 A-B. to ensure a smoother 

transition from the old form to the revised form and to avoid confusion about when an I-20 ID card 

should be issued, the Service has stopped issuing the yellow I-20 ID card as of July 1, 1988. 

Where a student has been issued an unrevised I-10 A-B or I-20 M-N, the student copy pages (3 and 

4) of the form may be used in lieu of the yellow card as the I-20 ID. All Service adjudications for F-1 

and M-1 students will be noted on the empty space on page 4 of the I-20 form. Service adjudicating 

officers should use the following guidelines in replacing the I-20 ID card with the student's copy of 

the I-20 form: 

(A) Fill in the student's admission number on the I-20 form (ensuring that it is printed through the 

carbon paper onto page 3) if the student is granted F-1 or M-1 status for the first time; 

(B) Write or stamp "I-20 ID (Student) Copy" on the left side of page 3 of the I-20 Form if the 

student has been issued an unrevised I-20 form; 

(C) Note the action taken by the Service adjudicating officer regarding the application for 

employment authorization, extension of stay, etc., on the "I-20 ID (Student) Copy", 

(D) Return pages 3 and 4 of the I-20 form -- I-20 ID (Student) Copy -- to the student; 

(E) Send the top page of the form to the data processing centre in London, Kentucky, for data 

entry if the student has obtained student status for the first time. 

As of July 1, 1988, an F-1 or M-1 student may submit an application for benefits on a Form 

I-538 along with his/her I-20 ID (Student) Copy. Should the student submit his/her yellow card 

I-20 ID Copy instead of the "I-20 ID (Student) Copy" with the I-538, the Service adjudicating 

officer shall accept and process the application according to the current procedures and 

endorse the I-20 ID Copy to show that the request has been approved. When returning the I-20 

ID Copy, however, the Service officer should advise the student of the recent change regarding 

the I-20 ID Copy and instruct the student to staple the yellow I-20 ID card to page 4 of his/her 

copy of the I-20 form. Students should keep their copies indefinitely. 

(ix) Existing INS regulation preclude the authorization of practical training for F-1 student until they 

have been in F-1 status for nine months. The objective of this requirement is to safeguard the 

student program against potential abuses by individuals who are primarily interested in employment 

gains, and to ensure that new students have sufficient time to acclimate academically to the 

campus environment. In recognizing that many nonimmigrant students who attended school in other 

lawful nonimmigrant status prior to changing status to F-1 have already made the adjustment to 

American campus life, the Service gives special consideration to this group of students. 

Thus, an alien who attended school in lawful nonimmigrant status prior to changing status to F-1 is 

permitted to count the time spent on campus towards the nine-month in status requirement for 

practical training. This special provision is intended for lawful nonimmigrants, such as J-1 students 

or dependents of A,E,F,G,H,J,L, and N visa categories, who were enrolled as full-time students at 

an INS-approved school immediately before changing status to F-1. Aliens who are attending school 

in the United States in violation of their status may not derive benefits from this provision. (TM 

4/90) 

(g) Representatives to, and employees of, international organizations. 

(1) General 

(i) G-5 extensions. A G-5 alien seeking to extend his/her temporary stay shall submit a completed 

Form I-539 with fee, his/her Form I-94, and a signed statement as required by 8 CFR 214.2(g)(1). 

The statement shall identify the employing G-1, G-2, G-3 or G-4 by name, visa status and official 

title; it shall name th international organization or mission for which the G-1, G-2, G-3 or G-4 works; 

it shall state the period of time that the G-1, G-2, G-3 or G-4 intends to continue employing the G-5, 

and shall describe the duties the G-5 shall perform. 

The Service may consult with the Department of State about the eligibility of individuals applying for 

extension of G-5 status and about the eligibility of the employer to employ the G-5. Inquiries


involving United Nations personnel should be directed to United States Mission to the United Nations 

[799 U.N. Plaza, New York 1--17]; inquiries involving other G personnel should be directed to the 

Department of State [Visa Office, Diplomatic Liaison Division, CA/VO/P/D/, Washington, D.C. 

20522-0113]. 

(ii) Family members of a permanent resident employed in a G-classification occupation. If members 

of the immediate family of a permanent resident alien have valid passports and G visas, they may 

be admitted as G nonimmigrants if the permanent resident is in an occupation and if he/she has 

executed a Form I-508 pursuant to Section 247(b) of the Act. However, the attendants, servants, 

or personal employees of such an alien are not entitled to G-5 classification. 

(iii) G-2 classification. The Department of State restricts G-2 visa issuance to personnel whose 

official assignment in the United States is expected to last no longer than six months, and to their 

immediate family members. 

(iv) G-3 Classification for European Economic Community. The Department of State has advised the 

Service that it considers G-3 to be the most appropriate classification for representative of the 

European Economic Community (EEC). G-3 dependent employment authorization is restricted to 

dependents whose principal aliens are EEC representatives stationed in the United States. 

(2) Definition of G-1, G-3 or G-4 dependent. 

(i) This definition is only to be used in determining eligibility for employment authorization. The 

definition of the term "dependent" in 8 CFR 214.2(g)(2) is only for the purpose of determining 

eligibility for employment authorization. It does not alter or limit the more inclusive term "immediate 

family" appearing section 101(a)(15)(G) of the Immigration and Nationality Act and defined in 22 CFR 

41.21(a)(3). It is therefore possible for an alien who is eligible for G classification, as a member of a 

principal alien's immediate family, to be ineligible for employment authorization. 

(ii) Certain bilateral agreements provide for an expanded definition of the term "dependent". 8 CFR 

214.2(g)(2)(iv) permits employment authorization, until age 25, for G-1 dependent, unmarried sons 

and daughters who are full-time students and whose principal aliens represent certain countries that 

signed bilateral employment agreements prior to November 21, 1988. The Deaprtment of State has 

advised the Service that the United States has such agreements with twenty-two countries: 

Argentina, Australia, Bolivia, Bostwana, Brazil, Canada, Colombia, Denmark, El Salvador, France, 

Grenada, Honduras, Isreal, Jamaica, Liberia, Netherlands, New Zealand, Norway, Peru, Philippines, 

Sweden, and the United Kingdom. 

This provision is also applicable to G-3 dependent, unmarried sons and daughters who are full-time 

students if their principal aliens represent the EEC and if their countries are one of the 22 listed 

above. 

(3) Reciprocity is the basis for G-1 and G-3 dependent employment authorization; G-4 reciprocity. 

Dependents of foreign officials representing certain countries are eligible to apply for employment 

authorization. Eligibility is based on reciprocity between the United States and a foreign country, which 

takes one of two form: a formal bilateral agreement or an informal de facto arrangement. Additionally, 

G-4 dependents of officials and employees of international organizations are eligible to apply for 

employment authorization. 

(i) Bilateral reciprocity. A bilateral agreement is a signed, written agreement which has been 

negotiated by the United States and a foreign country. A bilateral agreement virtually guarantees 

employment authorization for dependents of certain United States government officials assigned to 

duty in the foreign country which signed the agreement. In turn, it virtually guarantees employment 

authorization for dependents of certain officials of that foreign country who are assigned to duty in 

the United States. The applicability of a bilateral agreement is based on the foreign state which 

employs the principal alien and not the nationality of the principal or dependent. This means the 

adjudicator is to consider the country represented, and not the nationality of the principal or 

dependent when adjudicating an employment request based on a bilateral agreement. 

(ii) De facto reciprocity. A de facto arrangement takes effect when the Department of State 

determines that a foreign country allows appropriate employment on the local economy for 

dependents of certain United States official assigned to duty in that foreign country. Based on that 

determination, dependents of certain government officials of that foreign country assigned to duty in 

the United States may apply for employment authorization. Dependent employment authorization 

based on a de facto arrangement is more tenuous than authorization based on a bilateral agreement.


This is because a de facto arrangement is based on current practices and policies, rather than, on 

mutually negotiated, well-defined obligations. The applicability of a de facto arrangement is based 

on the foreign state which employs the principal alien. Additionality, based on a Department of State 

recommendation, the principal alien must have the same nationality as the country he or she 

represents. This means dependent employment authorization under a de facto arrangement is 

precluded, if the dependent's principal alien is not a national of the country he/she represents. As 

under the bilateral agreements, the nationality of the dependent is immaterial. 

(iii) G-4 reciprocity. Reciprocity is not a consideration in G-4 dependent employment authorization, 

unless the Department of State invokes the G-4 reciprocity provision in 8 CFR 214.2(g)(5)(ii)(E). 

(4) Income tax, Social Security liability, non-applicability of certain immunities. (Reserved.) 

(5) Bilateral, de facto, and G-4 dependent employment authorization. 

(i) Bilateral employment authorization. The Service shall give substantial consideration to a 

favorable recommendation from the Department of State when adjudicating a dependent's application 

for unrestricted employment under a bilateral agreement. The Service shall approve an application 

under a bilateral agreement which has afavorable recommendation from the Department of State 

unless approval would result in violation of law, regulation or written Service policy. An example that 

would result in a violation, if granted,is an erroneously favorable recommendation for employment 

authorization for a dependent son or daughter beyond the maximum applicable age limitations in CFR 

214.2(g)(2)(ii), (iii) and (iv). 

(ii) De facto and G-4 dependent employment authorization. 

Although a favorable recommendation from the Department of State is a primary consideration when 

adjudicating an application for de facto or G-4 dependent employment, other substantive 

considerations must also be weighed. The provisions of 8 CFR 214.2(g)(5)(ii)(A), (B),(D), and (E) are 

applicable to both de facto and G-4 applications. Additionally, 8 CFR 214.2(g)(5)(ii)(C) and the 

nationality provision of 8 CFR 214.2 (g)(3) are applicable to de facto applications. 

(6) Application procedures, fingerprints waived, local liaison, and policy considerations. 

(i) Application procedures involving the Washington, D.C. and New York City District Offices. If the 

applicant's principal alien is stationed in New York City or Washington, D.C., and the applicant 

resides in that area, he/she shall submit a completed Form I-765, along with Form I-566 and the 

supporting documents are required in 8 CFR 214.2(g)(6)(i) to the international organization or mission 

which employs his/her principal alien. After receiving the documents from the international 

organization or mission, the Department of State will endorse the I-566 with its findings, and forward 

all documents to the jurisdiction of the District Director New York City or Washington, D.C., as 

appropriate, in accordance with mutually agreed upon local procedures. The Service will adjudicate 

the I-765. Upon a favorable adjudication, the Service will notify the applicant when and where to 

report for issuance of his/her Employment Authorization Document (EAD). An applicant shall 

present his/her passport, as evidence of identity, at the time of EAD issuance. A dependent in G 

classification may elect not to avail himself/herself of the time and/or place designated for EAD 

issuance for G dependents. He/she may elect to appear at a time and/or place designated for EAD 

issuance for the general population. Under such circumstances, the Service is under no obligation 

to give the G dependent any preferential or expeditious treatment. 

(ii) Application procedures involving offices other than Washington, D.C. and New York City. If the 

applicant's principal alien is stationed in a location other than Washington, D.C. or New York City, or 

if the principal is stationed in either of those two cities and the applicant is residing in another 

location because of school attendance, the applicant shall submit his/her completed I-566 and 

supporting documents to the international organization or mission which employs his/her principal 

alien. After receiving the documents from the international organization or mission, the Department 

of State will endorse the I-566 with its findings and return all documents. 

The applicant shall bring his/her passport and I-566 with a favorable endorsement from the 

Department of State to the office having jurisdiction over his/her place of residence. He/she shall 

complete an I-765. 

Some offices have opted for having the dependent call for an appointment for I-765 adjudication and 

EAD issuance. Any office instituting a telephonic appointment procedure is to notify Headquarters 

Adjudications through channels of the details, so that the Department of State may be properly


notified. At all other offices, the dependent shall be given priority in the adjudication of his/her I-765 

and EAD issuance, if he/she appears at the office during EAD issuance hours and identifies 

himself/herself as a G dependent. 

(iii) Fingerprint requirement waived. The fingerprint requirement shall be waived when issuing an EAD 

to a G dependent. 

(iv) Local liaison. The District Directors at Washington, D.C. and New York City shall maintain local 

liaison with the Department of State regarding the processing of dependent employment applications. 

(v) Policy considerations. Matter involving Service policy shall be referred, through channels, to 

Headquarters Adjudications. 

(7) Period of time for which employment may be authorized and other considerations. 

(i) Period of time. The maximum employment authorization period is three years. Because of 

possible foreign policy implications, this maximum shall be granted unless there are articulable and 

substantiative reasons for not granting the maximum. However, care must be exercised not to 

authorize employment for dependent sons and daughters beyond the age limitations set forth in 8 

CFR 214.2(g)(2)(ii), (iii) and (iv). 

(ii) Other considerations. Care must be exercised not to grant bilateral, de facto or G-4 employment 

authorization to any dependent who is not habitually residing with his/her principal alien, pursuant to 

8 CFR 214.2(g)(2). A full-time dependent student, who is residing in a different location than his/her 

principal in order to attend school, is considered as habitually residing with his/her principal alien for 

purposes of employment authorization. Care must be exercised not to grant de facto or G-4 

employment authorization if the principal alien's official assignment to duty in the United States is 

expected to terminate within six months; see 8 CFR214.2(g)(5)(ii)(B). Additionally, care must be 

taken not to grant employment authorization, under a de facto arrangement, to any dependent 

whose principal is not a national of the country which employs him/her; see 8 CFR214.29(g)(3). 

(8) No appeal. There is no appeal to a denial of an application for employment authorization filed by a 

G-1, G-3 or G-4 dependent. However, each denial is to be reviewed by a supervisory examinations 

officer, or acting supervisory examinations officer, who shall initial and date the denial to show his/her 

concurrence. 

(9) Dependents or family members of principal aliens classified G-5. (Revised). 

(10) Unauthorized employment and other reportable incidents. 

(i) Unauthorized employment. 

(A) General. In determining whether a G-I or G-4 dependent may have been engaged in 

unauthorized employment, review the grandfather provisions of OI 214.2(g)(11). Under specific 

circumstances, nonconforming employment by certain G-I dependents was sanctioned until 

March 19, 1990, and nonconforming employment by certain G-4 dependents was sanctioned 

until February 20, 1989. 

(B) Reporting requirement. If it comes to the Service's attention that a G-1, G-2, G-3, or G-4 is 

engaged in unauthorized employment, the Service shall notify the employer and the alien that 

the employment is unauthorized. An A-file shall be created, if one does not exist. The incident 

shall be reported in writing within 72 hours and shall be expeditiously forwarded through official 

Service channels to Headquarters. The receiving Headquarters unit shall forward a copy of the 

report to the U.S. Department of State. Reports involving United Nations personnel should be 

directed to United States Mission to the United Nations [799 U.N. Plaza, New York 10017]; 

reports involving other G personnel should be directed to the Department of State [Visa Office, 

Diplomatic Liaison Division, CA/VO/P/D, Washington,D.C.20522-0113]. 

The report should include, but is not necessarily limited to, as much of the following information 

as is available: the case officer's name, title, duty office, and phone number; the alien's name, 

date of birth, place of birth, A-number, I-94 number, social security number, Department of State 

personnel identification number (PID), if known; the name of the principal alien, his/her official 

title, the international organization, mission, etc., which employs him/her, his or her Department 

of State PID, if known; whether the alien ceased working after being notified that the 

employment was unauthorized; the job the alien was performing, hours per week worked, length


of employment, salary and other compensation received; whether social security, income taxes 

and other applicable taxes are or were being withheld; whether any fraudulent documentation 

was used to obtain the employment. Additionally, copies of any documentation relating to the 

unauthorized employment should be attached to the report. 

The report shall also indicate whether the incident appears to be isolated or part of pattern. 

Indicators of a pattern include, but are not limited to: the alien has a history of unauthorized 

employment; other members of the alien's family are employed without authorization; the the 

alien's who can be identified with the same international organization, mission, etc. are found to 

be engaged in unauthorized employment; the employer has a history of employing unauthorized 

aliens. 

A copy of the report, all relating correspondence and supporting documentation shall be housed 

in the A-file. 

(C) Department of State determination. If the Department of State notifies the Service in writing 

that it no longer recognizes the alien as entitled to G classification and cancels the visa, the 

Service may initiate appropriate action on the basis of the unauthorized employment. If the 

Department of State notifies the Service in writing that it continues to recognize the alien as 

entitled to G-classification, then the Service is precluded from taking action against the alien as 

long as he/she remains in G status. In either instance, the Department of State's written reply 

shall be housed in the A-file. 

(D) Notification to the field. Upon receiving the Department of State's decision, the receiving 

Headquarters unit will expeditiously notify the region having jurisdiction and originating office of 

the decision and forward a copy of the report. 

(E) Field office action. The originating field office will take appropriate action in accordance with 

the Department of State's determination. See paragraph (g)(10)(i)(C) above. 

(F) Employer sanctions not affected. These instructions shall in no way be construed as 

discouraging or preventing the Service from taking appropriate action against the alien's 

employer under section 274A of the Act and 8 CFR 274a. 

(G) The effect of violations. 

((1)) Alien in G-1, G-2, G-3, or G-4 classification applying for a change of nonimmigrant 

classification. An alien in G-1, G-2, G-3, or G-4 classification who engages in unauthorized 

employment may be allowed to continue in that classification based on recognition by the 

Department of State: see paragraph (g)(12)(i) below. The Service holds that such 

recognition and continuation in classification does not eliminate the fact that the alien has 

violated status under 8 CFR 214.1(e). Therefore an application for change of nonimmigrant 

classification under section 248 of the Act filed by a G-I,G-2, G-3, or G-4 who is/was 

engaging in unauthorized employment is deniable based on his/her violation of status. 

((2)) Alien in G-1, G-2, G-3 or G-4 classification applying for adjustment of status. A G-1, 

G-2, G-3 or G-4 alien who has engaged in unauthorized employment and who applies for 

adjustment of status under section 245 of the Act is subject to section 245(c) of the Act, 

pursuant to 8 CFR 214.1(e). 

((3)) G-4s adjusting as special immigrants. The provisions of section 245(c) of the Act do 

not apply to G-4s who are adjusting status as special immigrants under section 

101(a)(27)(I) of the Act [see P.L.100-525 effective 10-24-88]. 

((4)) Alien in violation of status other than G Status, applying for G status. A change of 

nonimmigrant status to G requires a favorable recommendation from the Department of 

State. When a nonimmigrant who has violated status applies for G status, the adjudicator 

shall consider: the nonimmigrant's immigration history, the nature and length of the 

violation, the position being offered, the level of Department of State interest, and whether 

the Department of State knew the nonimmigrant was in violation of status when it made its 

recommendation. Clarification on the last three points may be obtained from the 

Department of State. Consultation with the Department of State is required prior to denying 

a case in which State has made a favorable recommendation. 

((5)) Alien in G-5 classification. A G-5 does not have the protection of a G-1, G-2, G-3 or


G-4 discussed in paragraph (g)(12)(i) and (ii) below. Therefore any violation of status 

subjects a G-5 to Service action without referral to the Department of State. 

(ii) Other reportable incidents. Service officers shall use the procedures in paragraph (g)(10)(i)(B) 

through(E) as guidelines when they encounter a G-1, G-2, G-3 or G-4 nonimmigrant involved in other 

activities which would make him/her liable to deportation were it not for the diplomatic protection 

afforded him/her. When the activity involves a crime involving moral turpitude, a felony-level 

offense, or an offense involving controlled substances, telephonic notification to Headquarters 

through channels shall also be made. While diplomatic immunity may preclude prosecution and 

Service proceedings, the reporting procedure will provide the Department of State with the 

information to decide whether or not to cancel the offender's visa and/or file a protest with the 

international organization regarding the offense. 

(11) Special Provisions. 

(i) Special provision for G-I dependent not previously covered by bilateral agreements or de facto 

arrangements. Prior to the November 21, 1988 interim regulations, published at 53 FR 46850-46855, 

there was no regulatory basis for granting employment authorization to G-1 dependents. However, 

based on foreign policy considerations, the Department of State had been granting employment 

authorization to G-1 dependents. The enactment of the Immigration Reform and Control Act (IRCA) 

with its strict documentary requirements, necessitated a review of this procedure and has resulted in 

the G-1 dependent employment regulations. Since this extra-regulatory procedure has had a long 

history, the Service agreed that a phase-out of non-conforming G-1 dependent employment 

authorization would be the best course of action. Additionally it was believed that the transition 

period would allow the Department of State to negotiate additional bilateral agreements or establish 

de facto reciprocity in an atmosphere of reasonable accommodation. See 8 CFR 214.2(g)(11) 

(ii) Special provision for certain G-4s. Based on foreign relations considerations and negotiations 

with the Department of State, the following policy was established to grandfather nonconforming 

employment authorization for certain G-4 nonimmigrants for up to 90 days after the publication of the 

November 21, 1988 interim regulations, published at 53 FR 46850-46855, pertaining to G dependent 

employment. An individual who was considered a dependent of a G-4 principal alien under the 

regulations in effect prior to the above cited interim regulations; and who had employment 

authorization under the prior regulations; and who was not eligible for employment authorization as a 

dependent under the above cited interim regulations, was allowed to work until february 20, 1989 or 

until the end of his/her employment authorization period, whichever came first. Such employment by 

such an individual for the stated period of time shall not in any way be considered or construed to 

be a violation of nonimmigrant status. 

(12) Other factors. 

(i) The effect of recognition by the Secretary of State. Section 101(a)(15)(G)(i), (ii), (iii) and (iv) of 

the Act and 8 CFR 214.2(g)(1) provide that a G-1, G-2, G-3 or G-4 is entitled to that classification as 

long as he/she is recognized by the Secretary of State. Section 102 of the Act provides that a G-1, 

G-2, G-3 or G-4 nonimmigrant is not subject to most exclusion and deportation grounds. Because of 

this statutory protection, the Service is precluded from taking action against a G-1, G-2, G-3 or G-4 

who is or was violating status, unless the Department of State authorizes such adverse action by 

notifying the Service in writing that the G-1, G-2, G-3 or G-4 is no longer entitled to such 

classification and that his/her visa is cancelled. 

(ii) Privileges and immunities. Section 102 of the Act defines the parameters of Service action 

regarding the admission, exclusion and deportation of G-1, G-2, G-3 and G-4 aliens. Its provisions 

are binding upon all Service personnel. Privileges and immunities are not only very sensitive issues, 

but also very complex ones. Service officers should be aware that privileges and immunities can 

vary greatly. They can vary greatly within a nonimmigrant classification and between two positions 

which have the same official title, but which represent different foreign countries. 

(iii) Sources of additional information. Additional information regarding diplomatic rights, privileges 

and immunities is contained in the "Examinations Handbook" Appendix I-B. More detailed information 

is contained in the Department of State's Publication 9533, "Guidance for Law Enforcement 

Officers". Law enforcement agencies may request copies from the Department of State, Bureau of 

Diplomatic Security, Washington, D.C. 20520. 

(iv) Telephonic inquiries and verifications. Telephonic inquiries and verifications regarding an 

individual's privileges and immunities should be directed to the Bureau of Diplomatic Security's


Command Center (202/FTS) 663-0812. The center will refer the inquiry to another office, if 

appropriate. A more detailed phone listing is contained in the Department of State's publication 

"Guidance for Law Enforcement Officers". 

(v) Inquiries from other law enforcement agencies. At times another agency may advise the Service 

that a G-1, G-2, G-3 or G-4 was involved in an incident which brings him/her to police attention, and 

may ask for guidance. The Service should advise the other agency to telephone the Department of 

State if it has any questions, including but not limited to questions about the treatment that should 

be accorded the individual. 

(vi) Requesting reports from other agencies. Additionally, the agency should be requested to 

provide the Service with a copy of the report if it meets the criteria in OI 214.2(g)(10) (ii) or in OI 

103.1(g). 

(13) Use of Form I-566 to verify status of individual claiming G status. Form I-566 (dated 2/19/91 and 

later) shall be used for routine requests to the Department of State to verify the status of an individual 

claiming entitlement to G status. For this purpose, the form shall be completed as follows: 

(i) Complete Part A with information about the subject of the inquiry. If the subject is a dependent or 

G-5 employee, also complete part B with information about the principal from whom the dependent 

derives status, or for whom the G-5 works; 

(ii) Beside the sub-title "Part C: Type of Request" print in large capital letters, preferably in red ink, 

"VERIFY STATUS"; 

(iii) For a case not involving the United Nations, complete the "from" block of Part G and check the 

Visa Office block, crossing out "subject has filed under Section 13. Please advise this office of 

your findings." place a photocopy of the completed form in the relating file or work folder, and send 

both copies of the I-566 to: U.S. Department of State, Visa Office, Diplomatic Liaison Division, 

CA/VO/P/D, Washington, D.C. 20522-0133. The Department of State will note its findings in Part F 

and return copy 1 of the form to the officer whose name appears in Part G. 

(iv) For a case involving the United Nations, complete the "from" block of Part G and check the 

USUN block, crossing out "C/S to, Adjustment, Granted, Denied, on." Place a photocopy of the 

completed form in the relating file or work folder, and send both copies of the I-566 to: United 

States Mission to the United Nations, 799 U.N. Plaza, New York NY 10017. USUN will note its 

findings in Part F and return copy 1 of the form to the officer whose name appears in Part G. (TM 

185) 

(h) Temporary workers. 

(1) General. The regulations at 8 CFR 214.2(h) specify the requirements for temporary classification as 

an H-1 (alien of distinguished merit and ability), H-2A(agricultural worker), H-2B (alien to perform 

nonagricultural services of labor), or an H-3 (trainee) nonimmigrant. The regulations contain special 

requirements for H-2A agricultural workers which will be fully incorporated into these Operations 

Instructions at a later date. The other provisions in these regulations apply to H-2A workers only to the 

extent that they do not conflict with these special requirements. 

(2) Filing of petitions. 

(i) Where filed. A petition to classify a worker under section 101(a)(15)(H) of the Act must be filed 

with the service center which has jurisdiction over H petitions in the area of intended employment, 

except in emergent situations. The regulations provided that, in emergent situations, a district 

director may accept and adjudicate a clearly approvable H petition for employment only in his or her 

jurisdiction. In such a case, the district officer must obtain a file number from the service center 

after disposition for records retention. The service centers do not have jurisdiction over petition 

filed in Guam or the Virgin Islands, or in special filing situations, such as petitions for Canadian 

woodsmen. Such petitions are filed with the local district office or a designated INS office. 

(ii) Who can file. Although the statute requires the employer to file an H petition, the Service allows 

others to file for the employer to accommodate some situations. 

(A) H-1 petition. A.U.S. employer, a foreign employer, or an established agent, where 

appropriate may file the petition.


(B) H-2A petition. A.U.S. employer, the employer's agent, or the Association of U.S. Agricultural 

Producers named as a joint employer may file the petition. 

(C) H-2B petition. A.U.S. employer, an established agent, where appropriate, or a person who 

represents a foreign employer, has a location in the United States, and has hiring authority, may 

file the petition. 

(D) H-3 petition. A.U.S. employer must file the petition. 

(iii) Services in more than one location. Most petitions which involve services in more than one 

location will be for short-term employment in the arts, cultural, or entertainment filed, but can be in 

other fields. Such petitions are usually filed by an agent who is representing numerous employers in 

various locations, or by one employer which has work to be performed by the beneficiary in more 

than one location. A detailed itinerary is required to accompany the petition. The procedure where 

each employer must file a separate petition in order for the alien to work part-time for multiple 

employers doe not apply in petitions filed by agents. 

(iv) Amended petition. An amended petition requires the same filing fee as a new petition. Because 

the amended petition supplements the original petition, documentation does not have to be 

duplicated in the amended petition. 

(v) Agents as petitioners. As established agent, for purposes of filing an H petition, is a person who 

or an agency which is in business as an agent and regularly acts on behalf of its clients to arrange 

employment opportunities. Petitions filed by agents will usually be for employers and beneficiaries in 

the arts, cultural, entertainment, and professional sports fields, and involve short-term employment. 

As the petitioner, the agent is acting on behalf of multiple employers and the beneficiary(ies). 

Whenever the beneficiary(ies) will be employed by a single employer, the actual employer(s) must 

file the petition. The Service reserves the right to require information from the actual employers and 

beneficiary(ies). The itinerary of firm engagements provided by the agent is acceptable in lieu of 

signed contracts, unless the examiner has reason to believe the statements are not true and 

correct. However, the examiner should request any additional information from the petitioning agent. 

Speculative employment should not be included in an itinerary. When the agent, such as a 

modeling agency, is functioning as the employer, a contract between the agency and the alien, 

guaranteeing the wages and conditions of employment, must accompany the petition. 

(vi) Named beneficiaries. Nonagricultural H petitions must identify the beneficiary(ies) by name and 

other information required on Form I-129H, except in emergent situations involving multiple H-2B 

aliens. 

(A) Emergent situations. The decision not to require names in an emergent situation is a 

discretionary one which the director must make. The petitioner's inability to provide names at 

the time the petition is adjudicated should be due to circumstances which the petitioner could 

not anticipate or could not control. The names and evidence that the aliens meet the 

requirements of the labor certification must be provided by the petitioner to the port of entry or 

the consular officer prior to their admission at a port of entry or application for a visa. 

(B) Multiple petitions using the same labor certification. The petitioner may file multiple petitions 

at different times as the names of aliens become known, and use copies of the same labor 

certification until all of the positions covered by the labor certification have been filled. Each 

subsequent petition must refer to the petition number of all previously file petitions using that 

labor certification, if available to the petitioner. 

(3) Petition for an alien of distinguished merit and ability (H-1). 

(i) Interpretation of distinguished merit and ability. To be accorded H-1 classification as an alien of 

distinguished merit and ability, the alien must be a member of the professions or the alien must be 

prominent in his or her field of endeavor. In addition, the services to be performed in the United 

States must require the services of a professional or alien of prominence. The regulations at Sec. 

214.2(h)(3) provide specific criteria for determining the alien's eligibility for H-I classification under 

each category. In addition, the regulations prescribe the types and amounts of evidence which 

petitioners must provide to establish eligibility. The burden is on the petitioner to establish eligibility 

in all respects. 

(A) Effect of a prior H-I approval. Evidence of prior H-I approvals as a form of documentation


on a subsequent new petition has been eliminated because it cannot serve as the basis for 

future eligibility. Knowledge of prior approval of an H-I petition can be helpful to the Service 

when considered along with other indicators of H-I eligibility. A prior approval, however does not 

obligate the Service to approve a subsequent petition or relieve the petitioner of providing 

sufficient documentation to establish current eligibility. 

(B) Categories of H-I classification. An alien may qualify for H-I classification under five 

different categories (professional, national or international acclaim and recognition, unique or 

traditional artist, exceptional career achievement in business, and accompanying alien). Form 

I-12911 allows the employer to check the category(ies) under which H-I classification is being 

sought. If H-I classification cannot be granted under a category requested, the examiner 

should determine whether the evidence qualifies the alien under any other H-I category. If so, 

the petition should be adjudicated under the approvable category. The approval notice should 

specify the H-I category under which the petition was approved. 

(ii) Members of the professions. 

(A) Professional occupations. A professional occupation requires attainment of a baccalaureate 

or higher degree or its equivalent in a specialized field of study as the minimum requirement for 

entry into the occupation in the United States. When the petitioner is seeking H-I classification 

for an alien as a professional and the occupation is not recognizable by the examiner as a 

profession, the petitioner may be requested to provide evidence that the occupation is a 

profession. The evidence should be evaluated under the regulation's criteria for determining 

whether a position is a profession. It is the responsibility of the petitioner can do so by 

showing one or more of the following. 

((1)) that the particular position is so unique, specialized, and/or complex that it can only be 

held by a member of the professions and requires abilities beyond industry standards. 

((2)) that the position has developed over time to the point where it now normally requires a 

degree for entry. 

((3)) that a degree has been required consistently for the position in its organization; 

((4)) that the employ's duties will involve significant supervision and quality review over the 

work of members of the professions, and credentials as a professional are required of the 

employee; or 

((5)) that the employee will exercise considerable autonomy in a specialized professional 

field. 

(B) Documentation required for a member of the professions. The Service will accord H-I 

classification to an alien as a professional if the petitioner provides evidence that he or she 

meets one of the following criteria: 

((1)) U.S. Baccalaureate or higher degree. The petitioner may provide a certified copy of 

the alien's degree, transcript, or official confirmation of the issuance of a degree in the 

profession from an accredited college or university in the United States. 

((2)) Foreign baccalaureate or higher degree. Evidence that the foreign degree is equivalent 

to a U.S. degree in the profession may be required. The petitioner may provide evidence, 

such as the alien's foreign degree, transcripts, an evaluation from reputable credentials 

evaluation services, or evidence that the alien has been accepted into a graduate-level 

program in an accredited U.S. college or university. 

((3)) State licensure. The petitioner must provide a certified copy of the alien's valid state 

license, certification, or registration to practice the profession. A permanent or temporary 

license, certification, or registration is acceptable (See special requirements for 

professional nurses). When the alien has a temporary license, the approval period of the 

petition and/or extension of stay application cannot exceed the validity period of the 

temporary license. 

((4)) Education, training, and experience equivalent to training acquired by attainment of a 

degree. This criterion requires an evaluation of the alien's education, training, and/or 

experience and a determination of equivalency by a recognized authority, or by the Service.


The regulations require the alien to do demonstrate that he or she has sufficient education, 

specialized training possessed by a person who has a degree in the profession,and to have 

attained professional standing. 

((i)) Determination of equivalency. The regulations provide several options from which 

the petitioner and alien can select one or more ways to show that the alien has training 

equivalent to that acquired by obtaining a degree. The regulations list four authoritative 

sources whose independent evaluations, if credible and reliable, will be accepted by the 

Service. The Service will not specify the documentation or methods which the 

authoritative sources shall use in making their evaluation. Where an evaluation does 

not appear to be credible or reliable, the examiner should question the evaluation and 

explain the specific reasons in a transfer out or a notice of intent to deny. The 

requirements which the Service will use to make determinations of equivalency should 

not be imposed on the evaluations of authoritative sources. 

((ii)) Equivalency by authoritative sources. A person or organization which is listed as 

an authoritative source must supply the information required of a recognized authority 

as defined in Sec. 214.2(h)(3)(ii)(E). 

((A)) An evaluation by an official who has authority to grant college-level credit in 

the profession at an accredited college or university which training and/or work 

experience. The service does not require the alien to be enrolled in a program for 

college credit at the university in order to accept the evaluation of such an expert. 

The official must be formally involved with the college or university's official 

program for granting credit based on training and/or experience to have the 

required authority and expertise to make such evaluations. The evaluation may be 

done in the official's name as an individual, or as an authorized representative of 

the college or university. 

((B)) Results of recognized college-level equivalency examinations or special credit 

programs,such as the College Level Examination Program (CLEP), or Program on 

Noncollegiate Sponsored Instruction (PONSI). Results of such programs must be 

translated into college credits by an authoritative source in the particular program 

or by an authorized official from an accredited college or university, such as the 

registrar, in order for the results to be applied towards the degree requirement. 

((C)) Evaluation of education by a reliable credentials evaluation service which 

specializes in evaluating foreign educational credentials. The Service will only 

accept evaluations of foreign academic education or vocational or technical 

training provided in a structured classroom setting from credentials evaluations 

services. In no case will the Service accept their evaluation of work experience, 

including apprenticeships and/or practical training. 

((D)) Evidence of certification or registration from a nationally-recognized 

professional association or society for the profession that is known to grant 

certification or registration to members of the profession who have achieved a 

certain level of competence in the profession. Membership in a professional 

association is insufficient evidence of equivalency. An association which grants 

certification or registration in the profession should have an accrediting body which 

has standards for the profession, and which issues an official document to 

applicants verifying that they have been awarded professional credentials in the 

profession. 

((iii)) Equivalency by the Service. A Service examiner should evaluate education, 

training, and work experience to determine equivalency only when the evidence 

submitted shows that an authoritative source has not been used to determine 

equivalency,or when the petitioner is requesting an evaluation by the Service in 

conjunction with a determination by an authoritative source. 

((A)) College-level education. The petitioner may establish from an authoritative 

source noted above, or from transcripts, certificates, or other such school records 

that the alien has college-level education. College-level training may have been 

acquired at a college or university or other academic institution which grants a 

degree, diploma, or certificate, such as a technical college.


((B)) Specialized training. Specialized training may have been acquired through an 

apprenticeship program, employee-sponsored training courses, vocational training 

schools,or other commercial training facilities. The starting and ending dates of all 

training in the field must be shown. Training certificates and an outline or summary 

of the curriculum should be submitted. 

((C)) Professional-level experience. Only the alien's progressively responsible 

work experience directly related to the profession and professional-level 

experience may be credited towards this requirement. The experience must have 

been gained while working with supervisors, peers, or subordinates who are 

themselves professionals. Letters and or affidavits detailing the experience must 

state what aspects of the profession were learned on the job and when, how 

learned, under whose supervision, and the qualifications of any supervisors or 

trainers who provided instruction. Statements must be very specific with regard to 

actual duties performed and dates of employment. Brief statements, such as the 

alien was employed by the firm for 15 years as an engineer, are insufficient. 

((D)) Professional standing. The regulations at Sec. 214.2(h)(3)(iii)(C)(5) list 

examples of types of documentation from which the petitioner can select one as 

documentation that the alien has professional standing. However, petitioners are 

not limited to the forms of documentation listed. 

((E)) Computation of equivalency by the Service. The Service will count U.S. and 

foreign college-level education as such. Three years of specialized training and/or 

professional-level experience will be equal to one year of college. Therefore, an 

alien who has one year of college will need nine years of specialized training and/or 

professional-level experience to have training equivalent to that acquired by 

obtaining the usual bachelor's degree. As another example, the alien may have 

been an engineering technician providing support for several professional 

engineers for five years before being promoted to a professional engineering 

position. The alien has been working as a professional engineer for 10 years. The 

evidence shows that during the last two years of the alien's employment as a 

technician, the alien was permitted to assume most of the same duties which the 

professional engineers performed, under their close supervision. During that 

two-year period, the alien also completed two six-months training courses at night 

in electrical engineering. In computing the 12 years of specialized training and 

professional-level work experience needed to be equivalent to that acquired by 

obtaining a degree, you would count the alien's one year of specialized training and 

two years of professional-level experience while he or she was an engineering 

technician. The alien would need nine years of experience as an engineer to 

qualify as a professional engineer. 

(C) Occupational licensure. It may be necessary in some cases for the examiner to request 

that the petitioner provide evidence of the licensure requirements of the particular state since 

requirements vary among states. Some states will issue a temporary licensure which is valid for 

longer than one year. The petition may be approved initially for the period which the temporary 

license is valid. Any limitations which the state places on a license must be considered in 

determining whether the alien can fully practice the occupation immediately upon entry into the 


(iii) Aliens of prominence. 

(A) General. Prominence requires that the alien have national or international acclaim and 

recognition in a field of endeavor. In addition, prominence may be demonstrated by unique or 

traditional artists and by business persons with exceptional career achievement. 

(B) Prominent teams or groups. A team or group may qualify as prominent. A team or group 

consists of two or more individuals established as one entity to provide services or activity. 

The reputation of the team or group as a whole is considered in determining whether it is of 

distinguished merit and ability. The reputation of the team or group as a whole is considered in 

determining whether it is of distinguished merit and ability. The reputation of individual members 

is irrelevant to this determination. The documentation or evidence submitted to support H-I 

classification must refer to the name, skills, and achievements of the team or group, although 

specific individuals may be mentioned. The Service cannot extend the concept of a team or 

group for purposes of H-I classification to individuals just getting together to perform a specific


function or service. Examples of teams or groups are professional sports, teams, orchestras, 

theater group and dance troupes, exclusive of their support staff. Support staff may qualify for 

individual classification or possibly as accompanying aliens. 

(C) National or international acclaim and recognition. 

((1)) Criteria. The word "sustained" to describe the type of national or international acclaim 

and recognition required for H-I classification makes it clear that persons with ephemeral or 

short-lived acclaim and recognition in their field, especially in a field such as entertainment, 

are not eligible for H-I classification. Distinguished merit and ability requires skill and 

recognition substantially above that ordinarily encountered in the field. To establish this, 

the beneficiary must have a significant record of success and achievement. At the time 

that a petition is filed, the beneficiary must establish from recent documentation that he or 

she is an alien of distinguished merit and ability, except in rare cases. An individual who 

was a "superstar" or one of such distinguished merit and ability that the name or reputation 

by itself is sufficient to establish eligibility may not be required to document recent 

achievements. The name and reputation of such individual are not usually diminished by 

retirement. An individual who has had one success and no record of other achievements is 

generally ineligible for H-I classification. An exception would be where the one success 

generates such acclaim and recognition that it is very likely that the individual will continue 

to have international acclaim and recognition in the future. For example, a person who was 

recently awarded a Nobel Prize or an Academy Award for a first success could be accorded 

H-I classification based on that achievement. 

((2)) Documentation. The regulations contain a diversified listing of documentation which 

applies to any occupational field. The petitioner may provide evidence of any three 

different forms of the documentation to establish that the alien has national or international 

acclaim and recognition. 

(D) Unique or traditional artists of prominence. 

((1)) Criteria. This category of prominence was established to accommodate artistic 

performances and presentations which, by their nature, cannot receive the widespread 

acclaim and recognition in what might be termed the mainstream arts. It is not intended to 

accommodate all ethic and folk artists. Such artists must be recognized for their 

excellence in performing or presenting a unique or traditional performance of the particular 

art by experts, such as anthropologist, folklorists, ethnomusicologists, arts administrators, 

and scholars. Experts envisioned under this category do not include promoters, agents, 

and other persons in business to provide commercial entertainment. Experts must have 

specialized training and expertise in the particular field. Events where qualifying artists 

perform or present their art form must be primarily educational or cultural in nature. This 

provision also excluded artists who are coming to the United States primarily to provide 

commercial entertainment. Therefore, it must be determined in each case whether the 

events are educational or cultural in nature or mainly held for commercial entertainment. 

The term "primarily" as used in this provision means that an itinerary for such artists may 

include some minor engagements which may be commercial in nature, and some minor 

engagements which may be commercial in nature, and some minor sponsors of events do 

not have to be educational, cultural, or governmental or organizations. 

((2)) Documentation. The documentation required to establish eligibility under this category 

differs from that required to establish that an alien has national or international renown and 

acclaim in a field. An artist or group which seeks H-1 classification under this provision 

must provide affidavits, testimonials, or letters from recognized authorities which attest to 

the excellence of the beneficiary's skills in performing or presenting the unique or traditional 

art and the significance of the recognition accorded the artist or group. For the opinion of 

an expert or recognized authority to be considered valid, the expert or recognized authority 

must describe his or her expertise and his or her knowledge of the artist's or group's skills 

and recognition in the narrow field. 

(E) Exceptional career achievement. 

((1)) Criteria. The standards in the regulations for exceptional career achievement apply to 

high level business persons who cannot qualify as professionals. This is because the 

position may not require the highly specialized knowledge of a member of the professions 

and/or the alien may not meet one of the four criteria to qualify as a member of the


professions. If they have achieved positions of responsibility and significance in business, 

they may qualify as "prominent". The documentary standards in the regulations are high 

enough to assure that such aliens possess skills and recognition in the business field 

substantially above the ordinary. Every individual who owns or manages a business or who 

holds a high position in a business is not considered prominent. This new category is not 

meant to accommodate all other business persons who cannot qualify as professionals. 

There is no guarantee that a person who qualifies as a prominent business persons will 

qualify for third preference, since preeminence in a field is required for third preference 

classification. 

((2)) Documentation. The documentation required to establish that an alien has exceptional 

career achievement must relate to the alien's past employment, not to the intended 

employment in the United States. Documentation such as statements from past employers, 

published material,affidavits from experts in the business field, and payroll or tax 

statements may be used to establish that the alien meets the criteria for eligibility. 

(iv) Accompanying alien status. 

(A) Criteria. The purpose of the accompanying alien provision is not to allow H-I individuals or 

groups to select the support staff with which they choose to work in the United States. This 

provision is intended to recognize that certain individuals a group in the arts, cultural 

entertainment, and professional sports fields provide a variety of short-term services and rely 

on the same individuals to regular provide essential, specially skilled support for those 

services,such as the band for an H-I vocalist or the choreographer for a dance troupe. It 

should be noted that the H regulations no longer limit accompanying alien status to support staff 

of H-I beneficiaries who perform before an audience. The personal preference of the H-I 

individual or group for working with a particular individual is not a consideration in granting 

accompanying alien status. Accompanying aliens may derive H-I classification from a principal 

H-I beneficiary in the arts, cultural, entertainment, or professional sports field because they 

have been determined to be essential to the successful performance of services by the 

principal due to their unique qualities and experience with the principal. Continuing work that 

was started abroad and will be completed or continued in the U.S. (i.e., a film crew begins the 

filming of a movie abroad and will shoot the remaining segments in the U.S.) is not a standard 

for eligibility, but a factor to be considered in determining whether the services can be readily 

performed by a U.S. worker. The key factors are whether the principal alien usually relies on 

the same individuals for specially skilled support services in order to perform the type of 

services can be readily performed by a U.S. worker without significantly diminishing the quality 

of the work, and whether the alien has significant prior experience working with the H-I principal. 

Accompanying alien status shall not be accorded to aliens in other fields and industries, It 

must be clearly and separately documented that each accompanyingalien meets all of the 

standards in the definition of an accompanying alien. The director will be the ultimate judge of 

who qualifies as an accompanying alien but should consult with recognized experts in the field 

for an advisory opinion in most cases. 

(B) Evidence. The regulations list the criteria under which an alien may derive accompanying 

alien status from an individual or group in the arts, cultural, entertainment, or professional 

sports field. To justify accompanying alien status for an essential support person, the petitioner 

shall provide a detailed statement about the alien's skills and his or her relationship to the H-I 

beneficiary. The statement shall be described the alien's qualifications; specify the alien's prior 

experience with the H-I individual or group; explain how the alien has critical knowledge of the 

services to be rendered; and explain why a U.S. worker cannot readily provide the support 

services. 

(4) Petitions for agricultural workers (H-2A). (Reserved) 

(5) H-2B petition for alien to perform temporary nonagricultural services or labor. 

(i) Filing requirements. 

(A) The petitioner in every H-2B case must have a U.S. location, apply for a labor certification, 

and submit, in support of the petition, either the certification or a notice that certification cannot 

be made from the Secretary of Labor or his designated representative (regional certifying 

officer) or the Governor of Guam, as appropriate. An H-2B petition submitted without the 

required certification or written notice from the Department of Labor (DOL) or the Governor of 

Guam that certification cannot be made,shall be returned to the petitioner for compliance with


that requirement, he or she shall be requested to resubmit the petition and it shall be denied. 

(B) H-2B restrictions. A foreign employer which has no location in the United States must give a 

U.S. authorized representative hiring authority to consider U.S. workers for the job, offer 

prevailing wages and working conditions, and to file the petition. The H-2B petition must include 

a statement form the foreign employer granting authority to the U.S. authorized representative 

to act in its behalf. Petitions which are accompanied by labor certification determinations which 

indicate that DOL or the Governor Guam could not make a finding because there was 

insufficient time to test the labor market and/or offer terms and conditions of employment under 

prevailing standards in the United States shall be denied. 

Blue page OI2142(h)(5)(i)(B) 

(C) Separate labor certification and petition. Petition who intend to employ H-2B aliens in 

different occupations must obtain a separate labor certification determination for each 

occupation. H-2B aliens can only be included in one petition when they will be performing work 

in the same occupation and the same geographic area, and they will be applying for visas at the 

same consulate or admission at the same port of entry. 

(ii) Test of temporary services. The regulations incorporate the test for determining the temporary 

nature of services to be performed by an H-2B temporary worker. The test for determining 

"temporary services or labor" for H-2B classification is whether the need of the employer for the 

duties to be performed is temporary. It is the nature of the employer's need, not the nature of the 

duties, that is controlling, Matter of Artee Corporation, 181 & N Dec. 366 (Comm. 1982). This policy 

does not make the H-2B classification indiscriminately available to any employer since, in most 

case, the nature of the employer's need usually coincides with the nature of the job. For example, 

the position of restaurant owner's need for the services of a restaurant chef is also permanent and 

ongoing. The Service's interpretation of temporary is flexible in that it allows for the possibility that 

the same employer's need for the temporary services of a restaurant chef could also be temporary, 

i,e., to train workers to assist with a one-time event or peak season. The nature of the employer's 

temporary need must be seasonal, peakload, intermittent, or a one-time occurrence as defined in the 

regulations. 

(iii) Labor certification determination. A DOL or Governor of Guam labor certification shall be 

considered prima facie evidence that unemployed person s capable of performing the services or 

labor cannot be found in this country. However, any representations to the contrary submitted by 

responsible organizations, associations, or individuals in a position to know should be given 

consideration in the adjudication. The DOL's and Governor of Guam's roles are advisory because 

the Attorney General has sole authority for the final approval or denial of petitions for temporary 

alien employment. If the petitioner submits a notice from DOL or the Governor of Guam that such 

certification cannot be made, the petitioner shall be informed, if he/she has not already done so, 

that he/she may submit countervailing evidence to the Service. 

(iv) Countervailing evidence. 

(A) General. The DOL's or Governor of Guam's notice that certification cannot be made and the 

reasons why shall be given considered weight in determining the Service's decision. However, 

the evidence submitted by the petitioner shall also be considered carefully. The petitioner's 

countervailing evidence must address the petitioner's efforts to obtain the services of U.S. 

workers, the prevailing wage rate for the occupation in the area of intended employment, and 

each of the reasons why DOL or the Governor of Guam could not issue a labor certification. 

(B) Consultation on countervailing evidence. When DOL or the Governor of Guam issues a 

notice that certification cannot be made, neither a test of the labor market nor a determination 

of prevailing wages and working conditions will usually have been made on the specific case. 

Nevertheless, the examiner should take such factors into consideration before denying or 

recommending approval of the H-2B petition. Even though the burden is on the petitioner to 

establish the U.S. workers are not available to perform the services and that the wage offered is 

prevailing, the examiner should attempt to develop information from other labor market sources. 

If there is a labor union which has members in the occupation, the examiner shall also consult 

with that union regarding the availability of U.S. workers and the prevailing wages and working 

conditions in the occupation. 

(v) Alien's qualification. The petitioner is required to provide evidence that the alien meets the 

education, training and experience requirements specified in the labor certification application,


unless there are none. Even though DOL and the Governor of Guam do not require the names of 

beneficiaries for the temporary H-2B labor certification, the name,(s) and qualifications of 

beneficiaries must be submitted with the H-2B petition except in emergent situations as determined 

by the director. 

(vi) Determinations on H-2B petitions without labor certification. 

Whenever the job opportunity contains legitimate requirements or conditions which limit consideration 

of U.S. workers or otherwise prevent effective recruitment of U.S. workers, DOL or the Governor of 

Guam will issue a notice that certification cannot be made. Examples of such circumstances are: 

the employer is not paying a wage or salary because it involves a benefit performance, or the job 

requires qualifications or knowledge which could only have been acquired outside the United States. 

When the petition is filed with such a notice, the labor market finding required by the statue has not 

created the circumstances to avoid conducting a labor market test and/or paying the prevailing 

wage. If the examiner believes after reviewing the facts of the case and the petitioner's 

countervailing evidence, that the petitioner has intentionally created the circumstances which 

resulted in the notice the petition shall be denied. In addition, if the circumstances or working 

conditions are inappropriate for the job opportunity, the petition should be denied. Another situation 

may involve a performing artist coming to the United States to provide commercial entertainment, yet 

no salary is offered because the alien is willing to perform in the U.S. for the exposure. The petition 

should be denied unless there is a legitimate reason for the lack of pay, such as the proceeds from 

the performance are for a charitable cause. 

(6) H-3 petition for alien trainee. Operating experience has shown that when the alien is not of 

distinguished merit and ability or the petitioner cannot obtain a temporary labor certification, H-3 

classification is sometimes requested to enable the alien to engage in actual employment under the 

guise of a training program. The regulations now list a number of restrictions on approval of training 

programs. Obviously, there may be unusual situations in which the restrictions may be inappropriate and 

careful review of the supporting documentation or a request for additional information from the petitioner 

may satisfactorily establish the bonafides of the proposed training program. However, all suspect 

petitions demand a careful review, and the examiner should be satisfied that the purpose of the program 

is genuinely to train the beneficiary for a career abroad (even though the petitioner may derive benefits 

from the alien's training), and that the beneficiary intends to return abroad for employment after 

termination of the training program. 

(7) Special classes. 

(i) Prominent aliens in the arts, cultural, or entertainment field. 

(A) General. Although the Service is sensitive to the unique circumstances of the arts, cultural, 

and entertainment industry, the need to promote cultural exchange, and the desire of the public 

for exposure to other cultures and a variety of entertainment the Service is nevertheless bound 

by the statutory requirements of the Immigration and Nationality Act in administering the H 

classification. Congress did not build into the H classification the flexibility for the Service to 

consider such factors as cultural exchange, reciprocity freedom, or artistic expression, personal 

preferences, or economic hardship to the petitioner in according H classification. Nor is there a 

mechanism for applying lesser standards for classification to the arts, cultural, and 

entertainment industry than to any other industry. Under the statute, every foreign artist cannot 

be accorded H-I classification. Only those who have national or international renown because 

of their achievements in a particular field or those who have exceptional skills in a unique or 

traditional art as recognized by experts or authorities in the field are eligible. Others must seek 

H-2B classification. 

(B) Consultation with experts. It has been and continues to be Service policy that the views of 

experts must be sought in doubtful cases before a director approves or denies an H-I petition 

in the arts, cultural, or entertainment field. A doubtful case is one in which the information in 

the record does not clearly establish eligibility or ineligibility in accordance with the 

requirements of the regulations. Based on operating experience, it is Service policy that 

advisory opinions should be sought on most cases in these industries, even in emergent 

situations. Whenever an advisory opinion is sought from a labor organization, the director must 

also consult a management organization in order to obtain a balance of views. However, if it is 

more appropriate under the circumstances to seek an opinion from critics or other less 

interested authorities in the field, the director may choose to consult with experts in lieu of a 

labor and management organization. In time sensitive situations, telephonic contact should be 

made with the labor or management organization or expert. The name of the person contacted,


the date and time, and the information given should be recorded in the file. The person giving 

the information should be requested to follow up the contact with written opinion. Although 

advisory opinions are non binding on the Service,they should be given considerable weight in 

conjunction with the evidence submitted by the petitioner in determining eligibility for H-1 

classification. Organizations which have agreed to provide advisory opinions are listed at the 

end of OI 214.2(h) as Exhibit I. 

(C) Documentation. Photocopies of documents of establish prominence are acceptable. 

However, the source of the evidence, date of release or publication, and information which 

relates to the beneficiary(ies) must be clearly indicated or highligthted. In every case, the 

petitioner must provide a statement which summarizes the terms of employment or provide a 

copies of any contracts between the parties. If a petitioner feels that an alien or a group in the 

arts, cultural, or entertainment fields is of such distinguished merit and ability that name or 

reputation standing by itself would be sufficient to establish without any question that the alien 

or group is prominent and is coming to the United States to perform services which require a 

person or group of prominence the petition may be submitted without documentation to establish 

prominence. However, the petitioner must provide a statement of the alien's or group's 

standing and achievements in the field. If the adjudicator is unconvinced of eligibility, the 

petition should be returned to the petitioner for the requisite supporting documentation. In the 

case of a group, the documentation must relate to the distinguished reputation of the particular 

group, not to the reputation of its individual members. For example, a theatre group of 20 may 

include 10 H-I caliber aliens. Documentation relating to the H-I caliber aliens in insufficient to 

establish that the group is prominent. The required documentation must relate to the group by 

name. 

(ii) Musicians to be employed within 50 miles of the Canadian border. The Department of Labor has 

pre-certified that qualified persons are unavailable in the Canadian United States border area (50 

miles into the United States, along the Canadian border) and that the admission of Canadian 

musician in such areas for periods not in excess of 30 days would not adversely affect the wages 

and working conditions of workers in the United States who are similarly employed. Where the 

Canadian-United States boundary line is within a body of water, such as the Great Lakes, the 

50-mile area extends inland from the United States shore of that body of water. The pre-certification 

with respect to musicians is applicable to stagehands, drivers and equipment handlers coming to the 

United States in connection with such musician's employment, and such supporting workers may be 

included in the H-2B petition. Such petitions should be filed with the INS service center serving the 

area of intended employment. In cases where the services of the musicians are needed for longer 

than 30 days. the prospective employer shall file with the Department of Labor for the required labor 

certification and on receipt thereof, shall file a petition with the appropriate service center. 

(iii) Physicians. Physicians who graduated from a medical school outside the United States may be 

accorded H-I classification if they are coming to the United States to teach and/or to conduct 

research at a public or private nonprofit educational or research institution or agency. Patient care 

must be incidental when it is casually incurred in conjunction with the physician's teaching and/or 

research. To determine if the patient care will be incidental, the adjudicator must consider factors, 

such as the amount of time to be spent in patient care, whether the physician's salary offer is so 

substantial that incidental patient care is unlikely and whether the physician is responsible for a 

regular patient load. Such aliens may not participate in a medical residency in the United States or 

perform services primarily involving direct patient care under the H-1 classification. 

(iv) Professional nurses. Foreign professional nurses who will perform professional duties in the 

United States must qualify for H-1 classification. Licensed practical nurses, nursing technicians, 

and persons in other nursing occupations who are not regarded as professionals do not qualify H-1 

classification, but only if an employer establishes that it has a temporary need for the services to be 

performed and if the petition is accompanied by a temporary labor certification or notice that a 

certification cannot be made. A foreign nurse who does not have a permanent state license but has 

passed the Commission on Graduates of Foreign Nursing Schools (CGFNS) examination may qualify 

for H-I classification, but must be able to obtain temporary authorization to work as a professional 

nurse form the appropriate State Board of Nursing immediately after entry. A foreign nurse who 

graduates from a nursing school in the United States should submit evidence of permanent state 

license for H-I classification. There are more than 20 states which will not grant such authorization 

to foreign nurses. In these states, a foreign nurse must have a permanent state license to obtain 

H-I classification. Even where the alien graduated from a nursing school in the United States the 

CGFNS examination or permanent licensure is required for H-I classification. A foreign nurse may be 

classified as an H-3 nonimmigrant trainee to receive a brief period of training that is unavailable in 

the alien's native country. The H-3 classification, however, may not be used to qualify foreign


nurses for employment in the United States nor to staff hospitals and other health care facilities 

while the nurse is in training. 

(v) Canadian woodsmen. 

(A) Filing procedures. H-2B Canadian woodsmen are petitioned for by various contractors in the 

lumber industry. These temporary workers are employed in various capacities such as loggers, 

skidder operators, cooks, or mechanics. A petition for a Canadian woodsman shall be filed on 

Form I-129H and should be accompanied by a temporary labor certification issued by the United 

States Department of Labor. Petitions for Canadian woodsmen should be filed with the District 

Director in Portland, Maine without the names and evidence of the qualifications of beneficiaries, 

and should be adjudicated under the emergent procedures at O.I. 214.2(h)(2)(vi)(A). Petitions 

may be filed for multiple beneficiaries but separate petitions must be submitted for separate 

labor certifications. The petitioner must be specify a port of entry that has been designated by 

the district director as a control port for nonimmigrant Canadian woodsmen. 

(B) Handling of approved petitions. On approval, the director shall send the petition to the 

designated port of entry. The petitioner shall provide the names and evidence of the 

qualifications of beneficiaries to the port before they apply for admission. During the validity of 

the petition, the petitioner may substitute beneficiaries by giving the control port advance 

notification along with the names and evidence of the qualifications of the substituted 

beneficiaries. The port director of the control port shall be responsible for nonimmigrant control. 

Form I-94 shall be given to the temporary worker on initial arrival. The temporary worker may 

retain the Form I-94 for multiple entries during its validity pursuant to 8 CFR 235.1(f) 

(vi) Boilermakers. 

(A) Filing procedures. The National Association of Construction Boilermaker Employers and the 

International Brotherhood of Boilermakers have made arrangements with the Department of 

Labor and the Service to obtain expedited determinations on H-2B labor certification applications 

and petitions for boilermakers from the Canadian boilermaker's union when there are insufficient 

U.S. boilermakers to meet contract needs. The Manpower Optimization Stabilization and 

Training Fund (MOST) in Kansas City, Kansas serves as the clearinghouse for the employers 

and workers and will handle all of the paperwork required for labor certification and petition 

approval. MOST will not be the petitioner or sign forms for the employers. Petitions for 

canadian boilermakers may be filed with the Service Centre without the names an evidence of 

qualifications of beneficiaries. Service Center directors shall expedite adjudication of such 

petitions under emergent procedures at OI.214.2(h)(2)(vi)(A). A separate labor certification and 

petition must be filed for each employer. When the workers for an employer will enter at 

different ports of entry, a separate petition with a copy of the same labor certification must be 

filed for each port of entry. 

(B) Handling of approved petition. On approval, the director shall sent the petition to the 

designated port of entry. MOST will provide the port of entry the names and evidence of the 

qualifications of beneficiaries before they apply for admission. The port director shall be 

responsible for nonimmigrant control. When an approved petition involves replacement, MOST 

will provide the port the names of beneficiaries to be replaced, the date they departed the 

United States, and the names and evidence of the qualifications of new beneficiaries who will 

apply for admission. 

(vii) Professional athletes. 

(A) Filing procedures. 

((1)) An organization, promotor, or agent must file a nonimmigrant visa petition to accord H-I 

or H-2 classification to an athlete. Members of teams should be petitioned for by an 

organization. 

((2)) A single petition may be filed for a foreign-based team and its support personnel, and 

the entire group may be accorded H-I classification if the team has a reputation of 

prominence and is to be paid from a United States sources. If on the other hand, the team 

is foreign-based and its income and player salaries are principally accrued in a foreign 

country, and there will be no remuneration from a United States sources, then B-I 

classification would be appropriate. See OI 214.2(b)(13). Note, however since the two 

foreign-based Major League baseball teams conduct spring training in the United States and


have locations in the United States, the filing of H petitions would be proper for such 

teams. 

((3)) United States-based teams must submit individual petitions for each H-I, but may 

submit one petition for multiple H-2 beneficiaries. If the H-2 beneficiaries are applying for 

admission at more than one port of entry, a separate Form I-129H with fee shall be 

submitted for each consulate and for each consulate and for each port of entry. 

(B) Requirements for H-I athletes. A petition for an entire team must be accompanied by 

evidence that the team as a unit has achieved prominence in the sport. A petition for an 

individual athlete or a member of a U.S. based team must be accompanied by evidence that the 

athlete has achieved prominence in the sport. Since in some sports a player's participation at a 

certain level in itself represents a degree of prominence in the sport to sport. For H-I 

classification will vary from sport to sport. For H-I classification the following documentation 

would be appropriate according to the sport: 

((1)) Ice hockey. A National Hockey League contract and statistical evidence that the 

player has played at least 15 NHL games (8 for goaltenders) in a prior season. If the player 

cannot meet the foregoing requirements and there is a reasonable likelihood that he will be 

playing for the NHL parent team, in addition to an NHL contract, the petitioner must submit 

a written statement from an authoritative source,such as the office of the President of the 

NHL or the NHL's collective bargaining organization that the player has achieved 

prominence in the sport; evidence that he has played for a national team in at least two 

international tournaments; or evidence that he was a first or second-round pick in a prior 

NHL entry draft. 

((2)) Baseball. A Major League (American or National) contract and statistical evidence that 

the player has played at least 20 Major League games in a Prior season (5 for pitcher). If 

the player cannot meet the foregoing playing requirements, in addition to a Major League 

contract, the petitioner should also submit a written statement from an authoritative source 

such as the Office of the Commissioner of Baseball or baseball's collective ;bargaining 

organization, that the player has achieved prominence in the sport. 

((3)) Soccer. A contract with a major North American soccer league (indoor or out door) 

team and statistical evidence that the player has played at least 15 games in a prior 

season in a major North American soccer league or has played five games for a national 

team in World Cup competition. Experience gained in a foreign league may be substituted 

for North American or World Cup experience, but should ;be supported by a written 

statement from an authoritative source, such as the collective bargaining organization of a 

North American soccer league or the United States Soccer Federation that the foreign 

league is on a par with or superior to the North American league and that the player has 

achieved prominence in the sport. If a player cannot meet any of the above requirements, 

any claim of H-1 prominence must be supported by a major North American soccer league 

contract and written testimony from an authoritative source, such as the players' collective 

bargaining organization or the United States Soccer Federation that the player has achieved 

prominence in the sport or evidence that the player was a first-or second-round draft pick. 

((4)) Boxing. A contract guaranteeing a purse commensurate with prominence, evidence 

that the boxer is ranked by at least one international association, and written testimony 

from at least one expert, such as a member of the media, that the boxer has achieved 

prominence. 

((5)) Wrestling. A contract or contracts which evidence that the wrestler will be paid a wage 

which demonstrates prominence and written testimony from a representative of a national 

wrestling organization or a member of the media that the wrestler has achieved prominence 

in the sport. 

((6)) Jai Alai. A contract with a Unites States front on and evidence that the player has 

previously played for a United States front on or, in the case of a player without previous 

United States experience, a contract with a Unites States front on and written testimony 

from at least one independent expert in the sport that the player has achieved prominence 

with an equivalent front on outside the United States. 

((7)) Golf. Evidence that the player is a current member of the Professional Golfers 

Association (PGA) or Ladies Professional Golf Association (LPGA) tours and written


testimony from an expert in the field, such as a PGA or LPGA official or member of the 

media that the golfer has achieved prominence in the sport. 

((8)) Tennis. Evidence that the player has participated in international or United States 

Tennis Association-sponsored tournaments and written testimony from an expert in the 

field, such as a USTA official or a member of the media, that the player has achieved 

prominence in the sport. 

((9)) Football and basketball. A National Football League or National Basketball Association 

contract and statistical evidence that the player has played football in the NFL or for a 

Unites States college or university in a prior season or played basketball in the NBA, in 

international competition for a national team or for a United States college or university in a 

prior season. 

((10)) Horse racing. Evidence that the jockey or sulky driver has a record which 

demonstrates that he/she has achieved prominence in the sport and written testimony from 

an expert in the field, such as a member of the media, attesting to such prominence. The 

same documentation is needed if a petitioner is seeking H-1 classification for a trainer of 

race horses. 

((11)) Officials. Evidence that the official (referee, linesman, umpire, for example) has a 

major league contract. 

(C) Adjudication of H-1 petitions. In adjudicating petitions to accord H-1 classification, officers 

should be sure not only that the beneficiary is an alien of prominence in his/her sport but also 

that the services to be performed require such prominence or distinguished merit and ability. 

Such services would ordinarily be required of an athlete on the competitive level. While a 

professional coach coming to coach a U.S. based professional team would normally be 

performing services of a distinguished nature, a professional athlete coming to the United 

States not to compete but to render services at a sports camp or as a club professional would 

not ordinarily be considered to be performing services which require prominence or distinguished 

merit and ability. 

(D) Requirements for H-2B athletes. A petition for an H-2B athlete must be accompanied by a 

tendered contract and a labor certification issued by the United States Department of Labor. If 

issuance of the labor certification has been delayed and the start of the playing season is 

imminent, the petition will be adjudicated at the local Service office (with appropriate 

coordination with the service center). Professional leagues should adhere to the total number of 

H-2B positions granted them by the Department of Labor. Injured players and players who 

voluntarily terminate their employment with a league may be replaced on existing petitions 

provided they return to their native countries. Such replacement will require the filing of a new 

petition. If an H-2B player is traded to another team, the player's H-2B labor certification slot 

remains with the trading team and the receiving team must have an available slot to receive the 

player. If a team does not use all its designated H-2B labor certification slots on an initial 

petition, any subsequent signings to fill designated slots will require a new petition of petitions. 

(E) Traded layers. Teams which receive H-1 or H-2B athletes from other U.S. based teams or 

players from foreign-based teams in trade must file new petitions with the Service for such 

players. Such petitions may be adjudicated by the local Service office (with appropriate 

coordination with the Service Center) unless the trade is completed during the off-season. 

(8) Approved petitions. 

(i) Partially approved. The regulations provide that an H petition for more than one beneficiary may 

be approved in whole or in part. Whenever part of the petition is approved, the action on the entire 

petitions shall be counted as an approval for reporting purposes. This avoids counting two actions 

for one receipt. The petitioner may appeal the decision to deny classification to one or more of the 

beneficiaries or file a new petitions in their behalf. 

(ii) Transmittal of petition. 

(A) Visa applicants. If the beneficiary requires visa, the duplicate of the approval H petition, 

with the supporting documents, shall be sent to the consul. The copy of the petition of the 

beneficiaries to the fullest extent that the petitioner was able to furnish that information, so that 

the consular officer will have that data available for making any desired checks prior to visa


issuance. When advance notice of approval is directed to a consul, the petitioner shall be 

instructed promptly to have the beneficiary contact the counsul. The petition, before being 

mailed, shall be stamped "Approval previously forwarded". 

(B) Visa-exempt applicants. When the beneficiary does not require a visa, the duplicate petition 

without supporting documents shall be forwarded to the port of entry. 

(iii) Transfer to another location. The transfer of an H-1 or H-3 beneficiary to another location with 

the same employer performing the same duties does not require a new petition. The transfer of an 

H-2 beneficiary to another location requires a new labor certification and petition unless such 

location was specified in the original labor certification and petition. 

(iv) Strikes. If, after a petition has been approved and before the beneficiary arrives in the United 

States, the Secretary of Labor certifies that a strike or other labor dispute involving a work stoppage 

is in progress in the occupation and at the place the beneficiary is to be employed or trained, 

telegraphic notification shall be made to the consular officer or port of entry to which the approved 

petition was sent. The notification to the consular officer shall request deferral of visa issuance, or 

revocation of the visa if already issued. The notification to the port of entry shall request action to 

exclude or defer inspection , as appropriate. If the beneficiary has already entered the United 

States, approval of the petition should be suspended. 

(9) Visa issuance. Unless reciprocity requires that it be issued for a lesser period (Appendix C, Volume 

9, Foreign Affairs Manual), or a section 212(d)(3) authorization requires issuance for a lesser period, the 

visa will be issued with a validity to coincide with that of the petition on which it is based. However, 

when the consul must restrict the visa to a shorter period, a notation will be placed below the visa stamp 

as follows: "Petition valid to (date)." In either case, subject only to the passport requirement of section 

212(a)(26) of the Act or any limitation on the period dof admission noted on the visa page as the result 

of a section 212(d)(3) order, an immigration officer shall admit the beneficiary, if admissible, to the date 

until which the petition is valid or, in the circumstances previously indicated, the date until which his or 

her temporary stay has been authorized. 

(10) Limits on a temporary stay. Specific limits on what is regarded as a temporary period of stay in the 

H-1, H-2, and H-3 classifications are included in the regulations to reflect the temporary nature of these 

classifications and to achieve consistency in the handling of repeated requests for extensions of stay. 

The time limit in an H classification and the requirement to reside abroad cannot be avoided by leaving 

the U.S. before the maximum time limit and reentering within a short period of time under a new petition. 

In such cases, the approval period of the new petition shall be consistent with and count towards the 

maximum allowable time limit on an alien's temporary stay. Only when the alien has resided outside the 

U.S. for a period required by the classification or when the alien is exempt from limits on a temporary 

stay would a new period of stay begin. The H nonimmigrant's spouse and children are subject to the 

same limits as the principal. 

(11) Permanent/temporary intent. 

(i) General. The concept of temporary/permanent intent does not extend to the H-2 and H-3 

nonimmigrant classification also seeks permanent resident status on behalf of the beneficiary. 

Under the statutory retirements for these classifications, a simultaneous temporary and permanent 

intent on the part of the petitioner and the beneficiary is training is not for the purpose of continuing 

a career outside the United States. Petitioners will not be permitted to circumvent this policy by 

applying for permanent status on behalf of the alien in a different job. Approval of a permanent labor 

certification or the filing of a preference petition for an H-2 or H-3 alien beneficiary in the same or a 

different job or training position with the same employer is a basis for denying a new petition or the 

alien's application for an extension of stay. 

(ii) H-2 classification. In the case of an H-2 beneficiary, the employer previously submitted 

satisfactory representations that the need for the skills or labor was temporary. If the employer's 

need has changed, the beneficiary no longer qualifies for H-2 classification in the same job. To 

avoid abuses of the H-2 classification, examiners should not accept representations that the 

permanent services would be in a different job when the labor certification or preference petition is 

field by the same employer. 

(iii) H-3 beneficiary.In the case of an H-3 beneficiary, the employer is required to demonstrate that 

the training position was to benefit the beneficiary in pursuing a career outside the United States. 

When that same employer obtains a labor certification or files a preference petition for the 

beneficiary, it can be presumed that the purpose of the training was to recruit and train the alien to


ultimately staff a position in the United States. 

(12) Exclusion order. If the returning beneficiary had previously been the subject of a section 

212(d)(3)(A) or (B) order, the inspector will ascertain whether that order or a subsequent one is still valid 

at the time of application or readmission and, if so, whether pursuant to such order the beneficiary's 

period of admission must be limited to a date earlier than the date until which the visa petition is valid. 

(13) Soviet-bloc nationals. When the beneficiary is a Soviet-bloc national, the notice of approval on 

Form I-171C or Form I-797 shall instruct the petitioner to notify the Service office having jurisdiction over 

the port of departure at least 24 hours in advance of the alien's proposed departure. The office shall 

ensure that Form I-94 showing facts is departure is promptly received and forwarded to the Central 

Office. 

1. UNIONS WITH SUBSTANTIAL MEMBERSHIP IN THE ARTS, ENTERTAINMENT, AND MEDIA INDUSTRY 

Actors Equity Association 

Alan Eisenberg, Executive Secretary or 

Ralph Braun, Business Representative 

1655 West 46th Street 

New York, New York 10036 

PH: (212)869-8530 

Performers (other than musicians), stage mangers, assistant stage managers employed in the "live," 

dramatic, and musical theater. 

American Federation of Musicians 

Steve Spragg, Assistant to the President 

1501 Broadway 


PH: (212)869-81330 

Musicians, conductors, music librarians, arrangers, copyists, singer (night club and cabarets). 

American Federal of Television and Radio Artists 

John C. Hall, National Executive Director 

260 Madison Avenue, 7th Floor 


PH: (212)532-0800 

Performers (other than musicians) who are employed by the broadcasting, cable, and/or recorded media, 

including disc and video/audio tapes. 

American Guild of Musical Artists 

Sanford I. Wolff, Nat'l Executive Secretary or 

Alan I). Olsen, Assoc. Nat'l Exec. Secretary or 

Thomas Jamerson, Asst. to the Nat'l Exec. Sec. 

1727 Broadway 

New York, New York 10023-5284 

PH: (212)265-3687 

All performers (except musicians), stage managers, and choreographers employed in opera, ballet, and 

dance, also, concert (sole) artists, including musicians. 

American Guild of Variety Artists 

East: 

Ms. Randall K. Brett, National Director, or


Ms. Debra Nir, National Director 

184 Fifth Avenue 


PH: (212)675-1003 

West: 

Mr. Louis Zogaib, West Coast Director, or 

Ms. Julie Berry Bowman, Administrator of Sick and 

Relief Fund 

4741 Laurel Canyon 

Los Angels, California 91607 

PH: (818)508-9984 

Performers (except musicians) in ice shows and circuses and performing in hotels and cabarets as part of a 

variety show. 

Association of Theatrical Press Agents and Managers 

Mr. Merle Debuskey, President 



PH: (212)247-6634 (or) 

Ms. Dorothy Olim, Secretary-Treasurer 



PH: (212)719-3666 

Theatre and concert hall managers, company managers, and press agents. 

Directors Guild of America 

West: 

Harry Evans, Assistant Executive Secretary or 

Warren Adler, Assistant Executive Secretary 

7950 Sunset Boulevard 

Hollywood, California 90046 

PH: (213)656-1220 or (800)421-4173 

East: 

Alan S. Gordon, Eastern Executive Secretary or 

Terry Casaletta or Paul Erbach 



PH: (212)581-0370 or (800)356-3754 

Mid-West: 

Dan Moore, Mid-Western Executive Secretary 

520 N. Michigan Avenue, Suite 1026 

Chicago, Illinois 60611 

PH: (312)644-5050 

In film, director, production managers, and first and second assistant directors. In rtape, directors, 

associate directors, stage managers, and production assistants. 

Hebrew Actors Union. 

Bernard Sauer, President 

31 E. 7th Street 


PH: (212)674-1923


Performers (except musicians) who are engaged in the field of Hebrew or Yiddish language theatre. 

International Alliance of Theatrical Stage Employees and Moving Picture Machine Operators of the United 

States and Canada 

Alfred W. DiTolla, President 

1515 Broadway 


PH: (212)730-1770 

All craft and technical occupations associated with motion picture production, television broadcasting, sound 

and video recording, cable, legitimate theatre, and audio-visual materials. 

International Brotherhood of Electrical Workers 

Reginald Gilliam, Director 

Broadcasting and Recording Department, or 

Freddie J. Stanley, International Representative 

Broadcasting and Recording Department 

1125 15th Street, N.W. 

Washington, DC 20005 

PH: (212)833-7000 

Technical and craft personnel employed in broadcasting, television, cable operations, sound and video 

recording, and program production. 

Italian Actors Union 

Mimi Cecchini 

184 Fifth Avenue 


PH: (212)675-1003 

Performers (other than musicians) who are engaged in the field of Italian language theatre. 

National Association of Broadcast Employees and Technicians 

Kenneth Moffett, Assistant to the President 

7101 Wisconsin Avenue, N.W., Suite 800 

Bethesda, Maryland 20814 

PH: (301)657-8420 

Technical and craft personnel employed in broadcasting, telecasting, recording, filming, and allied industries. 

Screen Actors Guild 

West: 

Leonard Chassman, Hollywood Executive Director 

7065 Hollywood Boulevard 

Hollywood, California 90028-6065 

PH: (213)856-6612 

East: 

John Sucke, New York Executive Director 

1515 Broadway, 44th Floor 


PH: (212)827-1474 

Florida: 

Mel Karl, Southeastern Regional Director


2299 Douglas, Suite 200 

Coral Gables, Florida 33134 

PH: (305)444-7677 

Performers (other than musicians) employed in the production of motion pictures, television, video tape, or 

video disc. 

Society of Stage Directors and Choreographers 

David S. Rosenak, Executive Secretary or 

Kathryn Haapala, Deputy Executive Secretary or 

Patrick Parker, Administrative Services Manager 

1501 Broadway, 31st Floor 

New York, New York 10036-5653 

PH: (212)391-1070 

Directors and choreographers in the professional theatre. 

United Scenic Artists 

James J. Ryan, Business Representative 

575 8th Avenue 


PH: (212)736-4498 

Professional scenic designers, scenic artists, production designers, costume and lighting designers, diorama 

and display workers, and mural artists employed by television, theatre, commercial producers, and motion 

picture studios. 

Writers Guild of America, West 

Jane Nefeldt, Assistant Executive Director 

8955 Beverly Boulevard 

Los Angeles, California 90048-8185 

PH: (213)205-2566 

Writers in the fields of motion pictures, television, and radio in areas west of the Mississippi River. 

Writers Guild of america, East, Inc. 

Mona Mangan, Executive Director 



PH: (212)245-6180 

Writers in the field of motion picture, television and radio in areas east of the Mississippi River. 

II. MANAGEMENT AND SERVICE ORGANIZATIONS WITH SUBSTANTIAL MEMBERSHIP IN THE ARTS, 

CULTURAL, AND ENTERTAINMENT FIELDS 

Alliance of Motion Picture and Television Producers 

Ms. Carol Lombardini 

14144 Ventura Boulevard 

Sherman Oaks, California 91423 

PH: (818)995-3600 

Major feature and television motion picture producers, as well as post production and other services-oriented


businesses in the motion picture industry. 

Library of Congress 

Dr. Alan Jabbour, Director 

American Folklife Center 


PH: (202)347-9262 

Opera artists and opera support, such as set designers and stage directors. 

American Symphony Orchestra League 

Toby Holiday, Director 

Government Affairs 

633 E Street, N.W. 


PH: (202)628-0099 

Soloists, conductors, musicians, managers, and symphony orchestras. 

Association of College, University, and Community Arts Administrators 

Susan hardy, Executive Director 

6225 University Avenue 

Madison, Wisconsin 53705 

PH: (608)233-7400 

Classical and contemporary theatre, classical, and contemporary music performed by soloists and small 

ensembles, modern dance, and ballet. 

American Folklore Society 

Timonthy Lloyd, Secretary-Treasurer 

727 East Main Street 

Columbus, Ohio 43205 

PH: (614)466-2613 

Folklore, ethnic arts, folk arts, folk craft, folk dance, and music traditions of many cultures. 

The Asia Society 

Beate Gordon, Director 

Performances, Films, and Lectures Department 

725 Park Avenue 


PH: (212)288-6400 

Asian performers. 

Kenlucky Center for the Arts 

Richard Van Kleeck, Director 

Folk Arts 

5 Riverfront Plaza 

Louisville, Kentucky 40202 

PH: (502)562-0100 

Folk artists. 

Institute of International Education 

Ms. Noreen Tomassi


Associate Program Officer 

Arts International Program 

809 United Nations Plaza 


PH: (212)984-5424 

All artistic disciplines, including the traditional arts. 

Harvard University 

Hugh Flick, Assistant Professor 

Committee on Degrees in Folklore and 

Anthropology 

69 Dunster Street 

Cambridge, Massachusetts 02138 

PH: (617)495-4788 

Folk musicians and performers. 

San Diego Foundation for the Performing Arts 

Diane Annala, Director 

701 B Streetm Suite 530 

San Diego, California 92101 

PH: (619)234-5855 

Performing artists. 

California Arts Council 

Robert II. Reid, Director 

1901 Broadway, Suite A 

Sacramento, California 95818 

PH: (916)445-1530 

Experts in dance, theater, music, visual arts, video, literature, opera, musical theater, inter-disciplinary arts, 

folk arts, multi-disciplinary arts, crafts, and architecture. 

Western States Arts Foundation 

Terry Melton, Executive Director 

207 Shelby Street, Suite 200 

Santa Fe, New Mexico 87501 

Performing, visual, and literary artists. 

(i) Representative of information media. 

For the purpose of section 101(a)(15)(I), reciprocity exists between the United States and all foreign 

countries. 

The Department of State and the Immigration and Naturalization Service include television in the term 

"other foreign information media" as that term is used in section 101(a)(15)(I) of the Act. The issuance of an 

I nonimmigrant visa to a person in the television news coverage. The Department of State has also 

determined that reciprocity exists between the United States and Canada and, therefore, properly accredited 

canadian television news crews may be classified under section 101(a)(15)(I) of the Act by an immigration 

officer at a United States port of entry. Status as an information media representative may also be accorded 

to the employees of independent production companies when those employees hold a credential issued by a 

professional journalistic association, the film or video tape produced will be used by a television station or 

other media to disseminate information or news, and the film will not be used primarily for a commercial 

entertainment or advertising purpose. This last criterion, however, does not preclude the production 

company from using film footage in its library for commercial purposes sometime in the future. Camera


persons and other workers engaged in produced films for a commercial entertainment or advertising purpose 

must qualify under section 101(a)(15)(H) of the Act, even though they will receive no remuneration from 

Untied States sources and the film or videotape produced is solely for foreign distribution. 

(j) Exchange aliens. 

(1) General. The admission of J-1 and J-2 aliens and approval of applications for extension of stay shall 

be accomplished without requiring the posting of bond. Applications for extension of stay do not require 

fees and are made by submitting a current Form IAP-66 along with Form I-94. When an extension of 

stay is granted, Form I-530 reflecting such action shall be prepared and routed to the Data Processing 

Center in London, Kentucky. Copies of Form I-530 relating to J-2 spouse or child shall be retained in the 

J-1 alien's file, unless a file is already in existence for the spouse or child, in which event the copy shall 

be retained in the relating file. (TM 2/90) 

The Form IAP-66 is issued by an exchange program sponsor to an exchange alien for presentation to the 

Service at the time of application for admission, extension of stay, transfer of program, or change to J-1 

nonimmigrant classification. After checking the Form IAP-66 surrendered at the time of entry to insure 

that the name is identical with the Form I-94, the "INS Use" block on three copies shall be endorsed to 

show the date of admission, location code of the admitting office, class of admission, date expiration of 

authorized period of stay, and, if applicable, "212(d)(3) - (9), (10), or (28)." 

If Part II of Form IAP-66 has not been executed by a consular officer, it must be executed by an 

immigration officer at the time of admission of a J-1 alien. Part II must be endorsed upon approval of a 

J-1 alien's application for extension of stay, transfer of program, or change to J-1 nonimmigrant 

classification. The admitting officer must determine if an exchange alien is subject to the foreign 

residence requirement of section 212(e). (TM 11/88) 

If the Form IAP-66 does not show how the program is financed, consult the program sponsor to 

determine if it was financed by the United States Government. Please see Appendix to OI 212.8. for 

more instructions. (TM 2/90) 

An exchange alien is also subject to the foreign residence requirement of section 212(e) is his country of 

residence and intended field of endeavor or skill appears on the Skills List at the time his J visa is 

issued, or at the time he applies for admission as a J alien if he is exempt from the visa requirement, or 

at the time his status is changed to that of a J alien pursuant to section 248. After determining the 

country or residence and intended field of endeavor or skill, check the list. 

An alien admitted as an exchange visitor to participate in a program under which he receives graduate 

medical education or training is subject to section 212(e). If he is subject to 212(e) for any reason, 

check the block on the Form IAP-66 and explain the determination to the alien. 

At the time of application for admission, an exchanged alien who is visa exempt and who is subject to 

the foreign residence requirement of section 212(e) shall be informed of possible alternatives 

nonimmigrant classification. After Part Ii of Form IAP-66 is endorsed by an immigration officer when 

required, the alien shall be instructed to fill in and sign page two of the white copy only of Form IAP-66, 

and his attention shall be drawn specifically to item 6 on that page. (TM 8/83) 

Upon admission, copy one (white) of Form IAP-66 shall be forwarded to the files control office having 

jurisdiction over the area in which the exchange alien will engage in his program, where it shall be 

retained in the alien's file. If a file does not exist, one shall be opened by the files control office. Copy 

two presented by a J-1 alien shall be mailed to the United States Information Agency, MGT/AP, 

Washington, D.C. 20547. Such yellow copies shall be mailed at least once each month and no later than 

the second working day of the month following the month of their receipt. (TM 8/83) 

Copy three (pink) presented by a J-1 or J-2 alien shall be returned to the exchange alien to use when 

returning from a temporary visit abroad. That copy shall be destroyed if the alien is not admitted or if 

application for extension of stay, program transfer, or change to J-1 status is denied. (Revised) 

When an IAP is presented by a J-2 alien at the time of entry, for an extension of stay, or change to J-2 

nonimmigrant status, copies one and two shall be destroyed. 

A J alien returning from a temporary visit abroad in possession of copy three (pink) of the last Form 

IAP-66 issued to the J-1 alien may be admitted for the balance of the period previously granted to the 

principal alien shown on the Form IAP-66. The alien shall be permitted to retain the pink copy of Form 

IAP-66 so that he may present it upon subsequent arrival(s) during the balance of his previously


authorized stay. 

Service personnel shall not supply Form IAP-66 to the public. Any organization requesting that form 

shall be referred to the Exchange Visitor Facilitative Staff, GC/V, United States Information AGency, 

Washington, D.C. 20527. Form M-195 shall be forwarded to exchange visitor program sponsors and 

other interested parties who inquire about the documentary requirements for the admission of exchange 

visitors to the United States. 

When an applicant for admission who requires a Form IAP-66 is found to be eligible for admission and 

there is no bad faith involved in his failure to obtain Form IAP-66, the alien shall be admitted for a period 

of 30 days. The alien shall be furnished Form I-515 and instructed to complete it and to obtain Form 

IAP-66, executed by the program sponsor, and to submit those forms to the appropriate Service office 

with the alien's Form I-94 within the 30 days period. Upon receipt of those documents, if eligible, the 

exchange visitor shall be granted an extension of stay for the balance of the period authorized by the 

program sponsor, not to exceed 11 months. 

If he is returning from a temporary absence abroad, he shall be granted an extension of stay for the 

balance of the period previously granted to him as shown on Form IAP-66. The Form IAP-66 shall be 

endorsed as follows: "Admitted at port on (date of admission) J-1 (or J-2, as appropriate) to obtain Form 

IAP-66. Temporary stay extended to (date) at (location of Service office)." Distribution of the three 

copies of the Form IAP-66 shall be made as previously described in this instruction. Form I-530 

reflecting the extension of stay shall be prepared. 

(2) Limits on stay. See 22 CFR 514.23. Also, with respect to J-1 alien's requests for J-2 status see OI 

248.5. 

The limit on stay set forth in 22 CFR 514.23 for physicians ("professional trainees") shall not be deemed 

applicable when the Form IAP-66 submitted as an application for extension of stay beyond that limit was 

issued by the Education Commission on Foreign Medical Graduates (ECFMG); if the exchange physician 

applicant who submits such Form IPA-66 is otherwise eligible, the extension shall be granted without 

consultation with the United states Information Agency. In the case of a Form IAP-66 issued by a 

sponsor other than the ECFMG, consideration may be given to extending the prescribed limits on stay of 

an exchange alien only when there are exceptional circumstances or when additional time is required to 

complete highly specialized training, and the alien's future intention is to depart from the United States. 

In cases involving extensions of stay of 6 months or longer, the district director shall request the views 

of the General Counsel, United States Information Agency, Washington, D.C. 20547, before taking 

action. The request shall give the alien's country of origin, admission and current authorized addition, it 

shall be accompanied by a letter from the current sponsor stating the period of additional time desired, 

as well as a statement from the alien concerning his future intentions in the event the application is 

granted. The views of General Counsel, United States Information Agency, Washington, D.C. 20547 

shall be requested only for an alien in J status who qualifies for an extension in that status (TM 2/90) 

A J-1 alien participating in a program sponsored by a United States Government agency shall be 

permitted to stay as long as the sponsor requests. When the J-1 alien is a participant in an exchange 

program sponsored by the Department of State, a current Form 

IAP-66 signed by an American Embassy official and submitted by the alien as an application for 

extension of stay or program transfer shall be accepted. 

Regardless of whether the application is for extension beyond the limits set forth in 22 CFR 514.23, if it 

is known that the applicant is the beneficiary of an approved immigrant visa petition or that he has been 

issued a labor certification for a permanent position, the application for extension of stay shall be 

denied, unless the exchange alien applicant can credibly establish that he intends to return to his 

residence abroad despite the petition approval or certification issuance. (TM 8/83) 

(3) Program Transfers. A request for a program transfer shall be denied unless the transfer is clearly 

consistent with the original or closely related objective. Requests for program transfers that involve a 

change of category, such as nurse to doctor of medicine; student to research scholar or teacher; 

research scholar to student or teacher; teacher to research scholar or student, etc., shall not be 

authorized. When the Form IAP-66 is signed by responsible officer for both programs, the transfer is 

within the applicable general time limitation, and the transfer is routine in nature, the district director may 

grant the application without referral to United States Information Agency. In unusual or questionable 

cases, an advisory opinion must be obtained from the General Counsel, United States Information 

Agency, Washington, D.C. 20547. (Revised)


The Service will approve a request for change of exchange visitor category, such as from practical 

trainee to students or research scholar to students, etc., only in extenuating circumstances. Exchange 

visitors seeking a change of the visitors category must submit a Form IAP-66 issued by the program 

sponsor along with an explanation in detail as to why the change in category is necessary for the 

completion of the visitors original program objective. The adjudicating officer should consult USIA before 

making any decisions on the request. An exchange visitor may be asked to furnish additional supporting 

documents if so required by USIA. (TM 2/90) 

When an exchange physician seeks a program transfer to participate in an internship or residency under 

the sponsorship of the Education Commission on Foreign Medical Graduates (ECFMG), the Form IAP-66 

executed by that organization may be accepted without an endorsement in Part III by the exchange 

visitors previous program. (TM 2/90) 

The American Nurses' Association, Inc., considers the completion of the original program objectives and 

two years' training in a program under its sponsorship to preclude the release of an exchange alien for a 

program transfer to obtain additional training. Applications for program transfers by such aliens should 

be referred to the General Counsel, United States Information Agency, Washington, D.C. 20547 for 

consideration before approval in accordance with 22 CFR 514.22. 

(4) Waiver of foreign residence requirement. The filing of an application for a waiver, on Form I- 612, of 

the two-year foreign-residence requirement does not terminate an exchange alien's nonimmigrant status. 

No action shall be taken to enforce the aliens' departure while a decision is pending on the application 

for waiver. Also, when it is known that a request has been made to an interested United States 

Government agency or to a foreign government, efforts shall not be made to enforce the exchange 

alien's departure while that matter is pending with the interested agency or to the foreign government. 

(5) Employment. The Service does not exercise jurisdiction over a request by a J-1 exchange alien to 

engage in employment. An alien who asks about employment shall be referred to his/her sponsor for 

permission. 

When the Service questions whether the employment of a J-1 alien was properly authorized by the 

sponsor and the sponsor is unable to present evidence that the General Counsel, United States 

Information Agency, Washington, D.C., has passed on the propriety of that employment, inquiry should 

be made of that agency concerning this matter (TM 8/83) 

(6) Program cancellations. When the United States Information Agency notifies a district director that an 

exchange visitor program has been cancelled and that the cancellation will have an effect on the status 

of aliens currently participating in that program, the name of each alien affected, if not supplied by that 

agency, must be ascertained from the sponsor. The alien must be informed that the approved exchange 

program in which he or she is being permitted to remain the United States in his or her present status to 

continue his or her activities under the cancelled program until the date of expiration of his or her current 

authorized stay. It should be made clear to the alien that he or she must in any event terminate his or 

her activities with that sponsor by that date. The sponsor of the cancelled program must be notified 

similarly. (TM 8/83) 

When the expiration of the current authorized stay does not exceed time limitation of the type of program 

in which the alien is engaged, the alien also must be informed that should he or she desire to apply to 

extend his or her stay in the United States, he or she must be accepted as a participant in an approved 

exchange program and submit a Form in an approved exchange program and submit a Form IAP-66 

executed by the new sponsor. A release by the former sponsor will not be required. If the alien, despite 

diligent efforts, is not able to obtain an approved sponsor prior to the expiration of his or her authorized 

stay, he or she may be granted voluntary departure not to exceed 6 months, to continue his or her 

efforts to obtain an approved sponsor; upon submitting Form IAP-66, the alien may be granted an 

extension of J-1 status. (TM 2/90) 

(7) Section 212(e) DETERMINATION - THE BASICS 

A J-1 applicant may become subject to the two-year home residence requirement on the basis of one or 

more of the following factors: 

(i) If the applicant is sponsored by ECFMG as a MEDICAL TRAINEE under program #P-3-4510. 

(Note: This factor does not affect ECFMG sponsored medical researches.) 

(ii) If the applicant has received any type of government funding or support -- from his or her home 

country, the U.S. Government, or international organization -- as indicated in items 5a through 5e on


the Form IAP-66. 

(iii) If the applicant is sponsored by a government program -- this is indicated by the designation of 

G in the program number, e.g., G-1-1111, G-5-0021, and G-2-0001, etc. There are only five levels 

of G programs. 

This is a prima facie decision. If the J-1 has not used government facilities or received funding, it 

can be reviewed on request. 

(iv) If the J-1 applicant's area of study is on the skills list of the J-1's home country or last legal 

residence when beginning a new program or changing program objective -- advancing to a higher 

level of study in the field of study in the field of study is not considered a change of program 

objective. Determination is made on the basis of the most current skills list at the beginning of the 

J-1's program, e.g., China did not have a skills list prior to July 14, 1984. J-1 Chinese visitors who 

entered the U.S. before that date are not subject to the skills list requirement unless they had 

changed their program objective after 7-14-84. 

(v) Reference should be made to OIs 212.8(e)(1) and (2) for additional instructions. 

(vi) AID and EGTMG have own forms. Determination on 212(E) is preprinted on their forms. 

(8) CHINEX Scholars. A CHINEX scholar is defined as any citizen of the People's Republic of China 

visiting the United States to participate in an exchange visitor program financed by the Unites States 

government or the Chinese Government and/or to lecture, perform research, or study at the graduate 

level in a scientific or technical field. A CHINEX scholar is normally a J-1. Very occasionally, a CHINEX 

may be an F-1, a B-1 or an H-1. (TM 2/90) 

There are no special clearance requirements when a CHINEX scholar applies for extension of stay, 

change of nonimmigrant status or deviation in itinerary. (TM 9/84) 

When a section 212(d)(3) order specifies that action may be taken to grant any extension of stay or 

change in itinerary without the prior approval of a specific office, that office must be consulted before 

taking final action. In the case of a section 212(d)(3)(A) order, the alien's Form I-94 must be examine to 

determine whether prior approval of the District Director, Washington, D.C. is required (see OI 212.4(a)). 

In the case of a section 212(d)(3)(B) order, the alien's copy of Form I-192 must be examined to 

determine whether prior approval of a specified Service office is required. It should be note, however, 

that not all CHINEX aliens are excludable under section 212(a)(28) of the Act. (TM 8/83) 

Blue Page OI214.2(J)(7) 

(k) Fiancees and fiances of United States citizens. 

(1) General. Pursuant to AM 2702.02, an "A" file shall be opened on the beneficiary upon receipt of a 

Form I-129F petition in the appropriate files control office, if such a file does not already exist. Form 

I-129F visa petition is filed with the district director having jurisdiction over the petitioner's residence in 

the United States. A petitioner who is not in the United States may execute the petition before a United 

States consular or immigration officer for forwarding to the Stateside Service office having jurisdiction for 

adjudication. (TM 10/85) 

The procedure described in OI 204.2(c) shall be followed to post-audit the citizenship of an I-129F 

petitioner who claims to be a naturalized citizen or that he has been issued a certificate of citizenship, 

but who has not exhibited or submitted his certificate of naturalization or citizenship. However, Form 

I-171G shall be used for this purpose, instead of the Form I-171D which is used to verify citizenship or 

lawful permanent resident status of an I-130 petitioner. The petitioner shall be notified of the approval of 

the petition on Form I-171F. 

(2) Discrepancy found in beneficiary's marital history or minor children reported; or beneficiary found 

ineligible for visa. When the beneficiary's marital history or situation with respect to children is found by 

the American consul to differ from that set forth in the approved "K" petition, or where the consul finds 

the beneficiary to be ineligible for an immigrant visa on a ground that could be waived under section 

212(g), (h), or (i) of the Act when the beneficiary marries the petitioner, the consul will return the petition 

with a memorandum of his findings directly to the district director who approved it, so that the latter may 

review the propriety of the approval. However, if the beneficiary is found to be pregnant, the consul may 

ascertain from the petitioner, either by direct communication with the latter or through the district 

director, as circumstances may require, whether the petitioner is still willing to marry the beneficiary.


Where the consul himself ascertains that the petitioner is willing, the consul will either attach the relating 

correspondence to the petition or, if the petitioner appears at the consulate in person, will have the 

petitioner appropriately note, initial and date the petition. 

When it has been ascertained that the petitioner is still willing to marry his pregnant fiancee, and she 

gives birth to a child with no serious physical or mental defects prior to her departure for the United 

States, the consular officer may issue a K-2 visa to the child without referring the petition to the Service 

for amendment. In such a case, the consul should insert the name, date, and place of birth of such 

child in the appropriate block of the Form I-129F. If, however, the child does have a serious mental or 

physical defect, the consular officer will ascertain from the petitioner, either directly or through the 

Service, whether he is still willing to marry the beneficiary and whether he wishes the child to proceed to 

the United States. 

When the consul returns a petition, the district director shall have the petitioner interviewed to determine 

whether or not the latter, in the light of the new information, is still willing and able to marry the 

beneficiary in accordance with the provisions of section 214(d) of the Act. If it appears that the petition 

should not have been approved and the petitioner declines to withdraw it, the district director on his own 

motion should reconsider it and enter an appropriate order. If it is determined that the petition was 

properly approved, any required corrections should be initialed and dated by the petitioner and the 

"Remarks" block of Form I-129F noted by the district director to show an extension of the petition's 

validity to a date 4 months thereafter. The petition (if its approval is reaffirmed) or notice that the 

petition's approval has been revoked or the petition is not being revalidated (as appropriate) should 

thereupon be sent directly to the American consul unless return to the central Office or to the Visa 

Office has been directed. For the district director's action in the case of an eligible beneficiary requiring 

section 212(g), (h), or (i) relief, see subparagraph (3) below. 

(2a) Beneficiary of multiple petitions. When an American consul finds that multiple "K" petitions have 

been approved for the same beneficiary, the consul will return all petitions with a covering memorandum 

directly to the district director who approved the last petition so that the latter may review the propriety 

of the approval. 

Upon receipt of the petitions, the district director shall have the petitioners interviewed to 

determine whether they wish to withdraw the petitions. If the petitioners decline to withdraw the 

petitions, the district director, if he determines that the parties do not have a bona fide intention to 

marry, should, on his own motion, reconsider the appropriate petition and enter an order of denial. In 

any case where one of the petitioners resides in another district, the relating petition and file shall be 

forwarded to that district director for action as outlined above and notification to the originating district 

director of the final action taken. 

Upon completion of final action on all petitions, the district director to whom the petitions were 

initially returned shall furnish a report containing the results and final action taken to the American 

consul who returned the petitions. 

(3) Section 212(d)(3)(A) recommendation; conditional section 212(g), (h), or (i) relief. Only when the 

district director finds that the approval of the petition returned by the consul should be continued and 

that the beneficiary is prima facie ineligible for an immigrant visa on a ground that could be waived when 

the beneficiary marries the petitioner, should his inquiry be expanded to include all elements necessary 

to an informed decision under section 212(d)(3)(A) and section 212(g), (h), or (i) of the Act. 

The district director's report accompanying the petition returned to the consul in such case should be 

adequate for the consul's decision under section 212(g) and his recommendation under section 

212(d)(3)(A), and for the Service decision on that recommendation and on any application under section 

212(h) or (i) to be made by the officer having jurisdiction to whom the consul may refer them for decision. 

In preparing his report the district director should be guided by the provisions of OI 212.7, insofar as 

they are applicable; in that connection, it is emphasized that an investigation is not mandatory. 

When the petition is returned by the American consul because the beneficiary has been found to be 

afflicted with tuberculosis, the consular officer will transmit therewith Form I-601 executed by the 

applicant. If the petitioner indicates at the interview that he is still willing and able to marry the 

beneficiary, the interviewing officer shall present the Form I-601 to the petitioner and shall ask the 

petitioner to have a physician or health facility execute Section B on the reverse of the original Form 

I-601 and, if applicable, to have Section C on the reverse of the original Form I-601 endorsed by the 

local or State health officer. The petitioner shall be instructed to thereafter return the Form I-601 to the 

service office at which he was interviewed. The Form I-601 shall then be transmitted to the consul with 

the district director's report and the Form I-129F petition.


When the American consul receives the returned petition and the Service report, and if he is satisfied 

that the beneficiary is inadmissible on a ground which, when the beneficiary marries the petitioner, may 

be waived under section 212(g), (h), or (i), the beneficiary shall be permitted to file an application for 

such waiver on Form I-601. In completing the application the alien should show as "Principal Relative in 

the United States Through Whom I Claim Eligibility for Waiver," the name of the "K" petitioner and 

"Relationship" as: "prospective spouse." The completed form and accompanying fee will be accepted by 

the consul and processed. Recommendation for section 212(d)(3)(A) authorization will be sent, with the 

Service report, the "K" petition, and the consular memorandum of the alien's interview, to the Service 

officer to whom the consul routinely sends such recommendations (see OI 103.(c)). If the relief applied 

for is also under section 212(h) or (i), the recommendation should be accompanied by Form I-601 for 

adjudication by the same Service officer. 

When a determination is made by the consul under section 212(g) or by the Service officer under section 

212(h) or (i), that the applicant would be eligible for the requested relief in all respects whom married to 

the "K" petitioner, the Form I-601 application will be granted conditional upon the applicant concluding a 

valid marriage with the petitioner in the United States within 90 days of arrival. The section 212(d)(3)(A) 

recommendation may then be approved, such notification sent to the consul together with the "K" 

petition, and other file material forwarded to the files control office having jurisdiction over the alien's 

place of intended residence, for filing in the "A" file. 

(4) Consent to reapply for admission after deportation, removal, or departure at Government expense. 

The beneficiary of approved "K" petition who is ineligible for a visa under section 212(a)(16) or (17) of the 

Act, requires consent to the reapply for admission as an intending immigrant, and must file Form I-212 

with the American consul for that relief. The consul will forward that form for adjudication to the Service 

office abroad having responsibility for the particular geographical area. It should also be accompanied 

by recommendation under section 212(d)(3)(A) of the Act if the beneficiary is additionally ineligible on a 

ground which may be waived when the beneficiary marries the petitioner, and by the other pertinent 

documentation discussed in subparagraph (3) above. 

(5) Admission. The beneficiary of an approved visa petition filed under 8 CFR 214.2(k) will, upon 

execution of a statement of ability and intent to conclude a valid marriage with the petitioner within 90 

days after arrival, if found eligible following medical examination, be issued a K-1 nonimmigrant visa by 

the American consul. The beneficiary will be given a sealed envelope by the American consul for 

presentation during immigration inspection upon arrival at a United States port. The envelope will contain 

the approved petition, the statement executed by the beneficiary before the American consul of ability 

and intent to marry, and the report of medical examination of the beneficiary and of any children of the 

beneficiary who have been issued K-2 nonimmigrant visas pursuant to section 101(a)(15)(K), and their 

birth certificates. 

The beneficiary and minor children accompanying or following to join shall be admitted for a period 

of 90 days, which period may not be extended. The admitting officer shall verify the complete address 

of their intended place of residence as shown on the face of the visa petition, Form I-129F. The back of 

the Form I-129F shall be stamped to reflect the admission of the beneficiary and any accompanying 

children, and endorsed with the date until which admitted. If there are accompanying K-2 children, the 

admitting officer will circle their names in item 11 of the petition, and will add beneath the admission 

stamp on the back of the petition, the words "includes children whose names are circled." The petition 

and all relation documents shall be forwarded to the files control office which has jurisdiction over the 

beneficiary's place of intended residence. 

When the American consul has issued the K visa on the basis of receipt of a telegraphic 

notification prior to receipt of the approved visa petition, the American consul will place a copy of the 

telegram into the sealed envelope in lieu of the petition. The admitting officer will place the admission 

stamp and the above - indicated endorsements on the telegram, which will then be forwarded with all 

relating documents to the appropriate files control office. 

With the concurrence of this Service, the Department of State has authorized consular officers to 

issue K-2 visas to the following-to-join children of a K-1 alien up to one after issuance of the K-1 visa to 

the principal alien. Issuance of the K-2 visa within that period (and admission as a K-2 nonimmigrant 

during the validity of that visa, if otherwise admissible) is authorized, even though the K-1 principal may 

have already married the United States citizen petitioner and acquired lawful permanent residence under 

section 214(d) of the Act. 

In the case of a following-to-join K-2 child, the admitting officer will lift the sealed envelope 

furnished the child by the American consul, affix the medical report contained therein with the "Admitted"


stamp and an endorsement showing the "K-2" classification and the date until which admitted. The 

officer will ascertain the name and address of the K-1 alien parent to whom the child is destined, and the 

date on which such K-1 parent was admitted to the United States to the best of the child's knowledge. 

This information shall be included in a memorandum prepared by the port of entry and forwarded, 

together with the lifted report of the K-2 child's medical examination (and any other papers contained in 

the sealed envelope) to the child's destination. Upon receipt of the memorandum and attachments in the 

files control office, an "A" file shall be created and filed in the travel control section for necessary 

follow-up action, preferably with the "A" file of the K-1 parent; alternatively, if this is not possible for any 

reason, it will be filed chronologically by the date of admission among the "A" files relating to admitted 

K-1 aliens awaiting follow-up action as indicated in subparagraph (6). 

The words "EMPLOYMENT AUTHORIZED" shall be stamped in the lower right hand corner of the 

original Form I-94 by the admitting officer upon admission of a K-1 or K-2 alien. In addition, the admitting 

officer shall insert the "A" number of K-1 alien on his Form I-94. 

(6) Call-up control. After the admission of the beneficiary, upon receipt of the petition and relating 

documents in the files control office they shall be placed in the relating "A" file and filed in the travel 

control section chronologically by date of the beneficiary's admission so that it may be located readily 

and also used as a call-up. When an application for permanent residence status is filed by the 

beneficiary, the "A" file shall be removed from the control and the application processed. Upon the 

expiration of 90 days from the date of admission, if an application for permanent residence has not been 

filed by the beneficiary, the "A" file shall be removed from the control and appropriate action taken. 

(l) Intracompany Transferees. 

(1) General. The regulations at 8 CFR 214.2(l) are designed to facilitate the temporary transfer of foreign 

nationals with management, executive, and specialized knowledge skills to the United States to continue 

employment with an office of the same employer, its parent, branch, subsidiary, or affiliate. Petitioners 

seeking to classify aliens as intracompany transferees must file an I-129L petition with the Service for a 

determination and whether the alien is eligible for L classification and whether the petitioner is a 

qualifying organization. 

(2) Basic requirements for L classification. The following requirement apply to all petitions filed for L 

classification: 

(i) There must be a qualifying relationship between the business entity in the United States and the 

foreign operation which employs the alien abroad; 

(ii) For the duration of the alien's stay in the United States as an intracompany transferee, the 

petitioner must continue to do business both in the United States and in at least one other country, 

either directly or through a parent, branch, subsidiary, or affiliate. 

(iii) The alien must have been employed abroad continuously by the foreign operation for the 

immediate prior year. Although authorized periods of stay in the United States for the foreign 

employer are not interruptive of the immediate prior year of employment, such periods may not be 

counted towards the qualifying year of employment abroad. 

(iv) The alien's prior year of employment abroad must have been in a managerial, executive, or 

specialized knowledge capacity. The prospective employment in the United States must also be in a 

managerial, executive, or specialized knowledge capacity. However, the alien does not have to be 

transferred to the United States in the same capacity in which he or she was employed abroad. For 

example, a manager abroad could be transferred to the United States in a specialized knowledge 

capacity or vice versa. 

(v) The petitioner and the alien must have the intent for the alien to come to the United States for a 

temporary period and return abroad at the end of the authorized stay, unless the alien becomes a 

permanent resident of the United States during the authorized stay. The L classification may not be 

used for the principal purpose of circumventing the wait for a preference visa number. 

(3) Petitioner's status. The petitioner for an intracompany transferee must be a firm, corporation, or 

affiliate thereof which is seeking to transfer a foreign employee to the United States temporarily from one 

of its operations outside the United States. Either the United States employer or the foreign employer 

may file a petition with the Service to classify the alien as an intracompany transferee. The petitioner 

must be able to document the existence of foreign operations to which the employee can reasonably be 

expected to be transferred at the end of his or her assignment in the United States. The petitioner must


be actively engaged in providing goods and/or services in the United States and abroad, either directly 

or through a parent, branch, subsidiary, or affiliate, with employee in both countries, for the duration of 

the alien's stay. The mere presence of an agent or office of the petitioner is insufficient evidence of this 

requirement. 

(4) Business relationships. 

(i) General. For purposes of L classification, ownership and control are the factors for establishing a 

qualifying relationship between business entities. The United States and foreign business must be 

legal entities. 

In the United States, a business is usually in the form of a corporation, partnership, or a 

proprietorship. 

(ii) Ownership. Ownership means the legal right of possession with full power and authority to 

control. 

(ii) Control. Control means the right and authority to direct the management and operations of the 

business entity. 

(iii) Description of Business entitles. The regulations define the legal entities included under the L 

classification. Evidence that the employer is a legal entity consists of evidence, such as articles of 

incorporation, partnership agreement, license to do business, or evidence of registration with the 

Internal Revenue Service as an employer. In petitions involving known corporations, no such 

evidence should be required. The petitioner is required to identify each of the qualifying 

organizations as one of the following business entities: 

(A) Parent. Any business entity which has subsidiaries is a parent. However, a subsidiary may 

own other subsidiaries and also be a parent, even though it has an ultimate parent. 

(B) Branch. An office or operating division of the same employer which is merely housed in a 

different location and is not established as a separate business entity is considered a branch. 

(C) Subsidiaries. The Service recognizes only three situations to constitute a subsidiary 

relationship: 

((1)) Where a parent directly or indirectly owns more than half of the entity and has control; 

((2)) Where a parent directly or indirectly owns 50% of a 50-50 joint venture and has equal 

control and veto power. The 50-50 joint venture can be owned and controlled by only two 

legal entities. All other combinations of a joint venture are not qualifying as a subsidiary; 

((3)) Where a parent directly or indirectly owns less than half of the entity, but has control 

because the other stock is widely dispersed among minor shareholders. This can happen, 

for example, when an individual or company acquires sufficient shares of a publically-held 

company to be able to nominate and elect the board of directors. 

(D) Affiliate. Subsidiaries are affiliates of each other. The affiliate relationship is due to the 

ownership and control of both subsidiaries by the same legal entity. Affiliation also exists 

between legal entities where an identical group of individuals own and control both businesses in 

basically the same proportions or percentages. Associations between companies based on 

factors such as ownership of a small amount of stock in another company, exchange of 

products or services, licensing or franchising agreements, membership on boards of directors, 

or the formation of consortiums or cartels do not create affiliate relationships between the 

entities for L purposes. 

(iv) Nonqualifying business relationships. The most common types of business relationships which 

are not qualifying under the L category are those based on contractual, licensing, and franchise 

agreements. There are probably numerous others, such as less than 50-50 joint ventures and 

charter membership arrangements, that are not qualifying. The petitioner must document ownership 

and control of both legal entities to meet the qualifying relationships specified in the regulations. 

(5) Alien's employment. 

(i) Capacities. Detailed descriptions of the alien's prior year of employment abroad and of the


intended employment in the United States are required from the petitioner to determine if the alien 

was and will be employed in a managerial, executive, or specialized knowledge capacity. 

(A) Managerial or executive capacity. The discussion of managerial and executive capacity that 

follows provides guidance for applying the definition of these terms to specific case situations: 

((1)) An executive or managerial capacity requires a certain level of authority and an 

approximate mix of job duties. Managers and executives plan, organize, direct, and control 

an organization's major functions and work through other employees to achieve the 

organization's goals. Supervisors who plan, schedule, and supervise the day-to-day work 

of nonprofessional employees are not employed in an executive or managerial capacity, 

even though they may be referred to as managers in their particular organization. In 

addition, individuals who primarily perform the tasks necessary to produce the product(s) or 

provide the service(s) of an organization are not employed in an executive or managerial 

capacity. 

((2)) Eligibility requires that the duties of a position be primarily of an executive or 

managerial nature. The test is basic to ensure that a person not only has requisite 

authority, but that a majority of his or her duties relate to operational or policy management, 

not to the supervision of lower level employees, performance of the duties of another type 

of position, or other involvement in the operational activities of the company, such as 

doing sales work or operating machines or supervising those that do. This does not mean 

that the executive or manager cannot regularly apply his or her technical or professional 

expertise to a particular problem. The definitions are not intended to exclude from the 

duties of a manager or executive activities that are not strictly managerial, but are common 

to those positions, such as customer and public relations and lobbying and contracting. 

((3)) An executive may manage a function within an organization. It must be clearly 

demonstrated, however, that the function is not directly performed by the executive. If the 

function itself is performed by the intended executive, the position should be viewed as a 

staff officer or specialist, not as an executive. In general, classification in a specialized 

knowledge capacity is more appropriate for individuals who control and perform a function 

within an organization, but do not have subordinate staff, except perhaps a personal staff. 

((4)) If a small or medium-sized business supports a position wherein the duties are 

primarily executive or managerial, it can qualify under the L category. However, neither the 

title of a position nor ownership of the business are, by themselves, indicators of 

managerial or executive capacity. For example, a physician may incorporate his or her 

practice for business purposes and may hire a receptionist, bookkeeper, and a nurse to 

assist in that medical practice. For L purposes, the physician is not a manager, but a 

person who primarily practices his or her professional skills as a physician. 

((5)) The L beneficiary who is coming to the United States to open a new office may be 

classified as a manager or executive during the one year required to reach the "doing 

business" standard if the factors surrounding the establishment of the proposed 

organization are such that it can be expected that the organization will, within one year, 

support a managerial or executive position. The factors to be considered include amount of 

investment, intended personnel structure, product or service to be provided, physical 

premises, and viability of the foreign operation. It is expected that a manager or executive 

who is required to open a new business or office will be more actively involved in 

day-to-day operations during the initial phases of the business, but must also have 

authority and plans to hire staff and have wide latitude in making decisions about the goals 

and management of the organization. 

(B) Specialized knowledge capacity. The term "specialized knowledge" implies that eligibility is 

dependent upon a showing that a person possesses a type of knowledge and advanced level of 

expertise that are different from the ordinary or usual in a particular field, process, or function. 

Knowledge which is widely held or related to common practices or techniques and which is 

readily available in the United States job market is not specialized for purposes of L 

classification. The level of knowledge required and the employment of the specific alien must 

directly relate to the proprietary interest of the petitioner. To be proprietary, the knowledge 

must relate to something which relates exclusively to the petitioner's business. For example, 

knowledge which is essential to a special research program, or expert knowledge regarding a 

firm's materially different product or manufacturing process may be deemed specialized. 

Further, the employment of the beneficiary or a person with equivalent knowledge must be


critical to the petitioner's proprietary interests. Eligibility under section 101(a)(15)(L) does not 

extend t persons whose general knowledge and expertise enable them to merely produce a 

product or provide a service. For example, chefs and specialty cooks are not considered to 

have specialized knowledge, even though they may have knowledge of a restaurant's special 

recipes. 

(ii) Nature of employment. 

(A) Temporary services. The intracompany transferee must be coming to the United States for 

a temporary period, but may perform services that are permanent or temporary in nature. The 

petitioner is not required to explain the need for the alien's services for the temporary period, 

nor is the petitioner required to specify some event which will cause the petitioner to terminate 

the alien's services in the United States. The dates of employment must be within the limits 

prescribed by the Service for a temporary stay in the L category. 

(B) Extent of service. It must be established that the alien will be rendering services to and 

employed by the entity inside the United States. The statute does not require the beneficiary to 

perform full-time services within the United States. It must be established, however, that a 

significant portion of the alien's time, on a regular or systematic basis, is spent performing 

managerial, executive, or specialized knowledge activities which are a part of or directly affect 

the day-to-day operations of the United States entity. There must be evidence of productive 

employment in the United States. Generally, activities alone, such as conferring with officials, 

attending meetings and conferences, and participating in training are not considered productive 

employment and are appropriate for B-1 classification. 

(6) Documentation. The burden is on the petitioner to provide the documentation required to establish 

eligibility for L classification. The regulations do not require submission of extensive evidence of 

business relationships, the alien's employment, and the petitioner and alien's temporary intent. In most 

cases, completion of the items on the petition and supplementary explanations by an authorized official 

of the petitioning company will suffice. In doubtful or marginal cases, the director may require other 

appropriate evidence which he or she deems necessary to establish eligibility in a particular case. 

(ii) Individual petition. An individual petition involves the transfer of one alien between two qualifying 

organizations. The types of documentation required to establish L eligibility are: 

(A) Business relationship. 

((1)) Large, established organizations. Such organizations may submit a statement by the 

company's president, corporate attorney, corporate secretary, or other authorized official 

describing the ownership and control of each qualifying organization, accompanied by other 

evidence such as a copy of its most recent annual report, Securities and Exchange 

Commission filings, or other documentation which lists the parent and its subsidiaries. 

((2)) Small business and marginal operations. In addition to a statement of an authorized 

official regarding ownership and control of each qualifying organization, other evidence of 

ownership and control should be submitted, such as records of stock ownership, profit and 

loss statements or other accountant's reports, tax returns, or articles of incorporation, 

by-laws, and minutes of board meetings. 

((3)) New offices. If the beneficiary is coming to the United States to open a new office, 

proof of ownership and control, in addition to financial Viability, is required. The petitioners' 

statement of ownership and control should be accompanied by appropriate evidence such 

as evidence of capitalization of the company or evidence of financial resources committed 

by the foreign company, articles of incorporation, by-laws, and minutes of board of 

directors' meetings, corporate bank statements, profit and loss statements or other 

accountants's reports, or tax returns. 

((4)) Partnerships. To establish who owns and controls a partnership, a copy of the 

partnership agreement must be submitted. To establish what the partnership owns and 

controls, other evidence may be necessary. 

((5)) Proprietorships. In cases where the business is not a separate legal entity from the 

owner(s), the petitioner's statement of ownership and control must be accompanied by 

evidence, such as a license to do business, record of registration as an employer with the 

Internal Revenue Service, business tax returns, or other evidence which identifies the


owner(s) of the businesses. 

(B) Alien's employment. To document the alien's employment abroad and the alien's intended 

employment in the United States, a letter signed by an authorized official of the petitioner 

describing the prospective employee's employment abroad for at least the prior year and the 

intended employment in the United States, including the dates of employment, job titles, specific 

job duties, number and types of employees supervised, qualifications for the job, level of 

authority, salary, and dates of time spent in the United States during the previous year. In 

cases where the accuracy of the statement is in question, the director may require other 

evidence, such as wage and earning statements or an employment letter from an authorized 

official of the employing company abroad. 

(C) Temporary intent. 

((1)) General. A petitioner may legitimately have the intent to use the services of an alien 

lawfully for a temporary period and, in the future, to permanently employ the alien when and 

if the petitioner can lawfully do so; the alien may also legitimately have the intent to come 

to the United States temporarily and depart voluntarily at the end of his or her authorized 

stay unless, within that period, the alien has become a permanent resident of the United 

States. The temporary admission may not be sought, however, for the principal purpose of 

immigrating prematurely. The regulations clarify that the burden is on the petitioner and 

alien to establish the requisite intent. In view of this, the approval of a permanent labor 

certification or the filing of a preference petition for an alien is not by itself a ground to deny 

an L petition or a request for extension of stay during the five/six-year period allowed for a 

temporary stay unless the director determines that certain conditions have not been met. 

The regulations provide examples of factors which the director should consider in 

determining whether those conditions are met. 

((2)) Criteria for determining intent. Under the Act, nonimmigrant categories cannot be used 

to wait for a visa number to become available. Although the regulations specify examples 

of criteria for determining intent, the petitioner and the alien are not precluded from 

providing evidence of other factors which they believed can more appropriately demonstrate 

their intent. Extensive documentation is not required to demonstrate intent. Most factors 

require a written explanation from the petitioner and the alien. Others can be determined 

form the facts of the petition. Examples of certain factors are: 

((i)) For L classification, the existence of operations and an appropriate position abroad 

to which the alien can be transferred at the end of the authorized stay is the most 

significant factor to consider in determining extent. Intracompany transferee status 

envisions a temporary transfer to the United States with expectations of returning to a 

position with the petitioner's operations(s) abroad. For example, the fact that a 

permanent labor certification has been obtained or a preference petition has been filed 

for the alien, along with evidence that there does not exist an appropriate position 

abroad to which give the Service reason to believe that the petitioner and the alien 

intend permanent residence. 

((ii)) Although intent must be determined in each case, a petitioner's past history of 

employing aliens is some evidence of his intentions. For example, if the petitioner 

transferred 20 Ls to the United States during the past three years and all became 

permanent residents based on their employment with the petitioner, it would be 

reasonable to consider, in the absence of other evidence to the contrary, that the 

petitioner is using the L category to permanently staff the U.S. operation in advance of 

the availability of visa numbers. 

((iii)) Blanket petition. The blanket petition program allows a petitioner to seek 

continuing approval of itself, its parent, and its branches, subsidiaries, and affiliates as 

qualifying organizations and, later, classification under section 101 (a) (15) (L) of 

multiple numbers of aliens employed by itself, its parent, or some of its branches, 

subsidiaries, and affiliates. The program is restricted to relatively large international 

employers who are engaged in commercial trade or services. The petitioner is required 

to document that it meets certain criteria to file a blanket petition and to document the 

relationship between the qualifying organizations which will be included in the blanket 

petition. When the blanket petition is adjudicated, the decision relates only to these 

factors. Whether alien beneficiaries of the blanket petition qualify for L classification is 

later determined by a consular office when the alien applies for a visa or by a Service


(7) Limits on a temporary stay. 

officer if the alien is visa-exempt or applying for a change of status. An alien, who for 

the previous year has been employed by a qualifying organization as a manager, 

executive, or specialized knowledge professional, is eligible to transfer to the United 

States to a qualifying organization listed in the blanket petition as a manager, 

executive, or specialized knowledge professional. 

(A) Eligibility to file a blanket petition. The petitioner must submit a written 

statement and appropriate evidence to document that it meets the criteria to file a 

blanket petition: 

((1)) All of the organization listed in the blanket petition must be engaged in 

commercial trade or services. The petitioner's statement that the 

organizations provide goods and/or services for profit satisfies this 

requirement. 

((2)) The petitioner must identify in its written statement an office in the United 

States which has been doing business for a year or longer. The date that 

officer was established should be indicated by the petitioner. 

((3)) Inclusion of three or more organizations in the blanket petition is 

adequate evidence that the petitioner has three or more domestic and foreign 

branches, subsidiaries, or affiliates. 

((4)) The final criteria allows the petitioner to document one of three factors. 

The petitioner should submit copies of Form I-171C to show that it has 

transferred ten "L" managers, executives, or specialized knowledge 

professionals to the United States in the previous 12 months. The Petitioner's 

statement regarding the combined annual sales of its United States 

organizations or the size of its United States workforce may be accepted as 

evidence of the alternative criteria. A copy of the company's annual report 

may also provide this information. 

(B) Business relationship. The petitioner must submit a statement signed by the 

company's president, corporate attorney, corporate secretary. or other authorized 

official describing the ownership and control of the organizations included in the 

blanket petition, accompanied by supporting evidence, such as the company's 

latest annual report, Security and Exchange Commission filings, or another 

appropriate document which lists the company's parent and subsidiaries. 

(C) Certificate of Eligibility. Form I-129S, Certificate of Eligibility, is the form used 

exclusively for beneficiaries of blanket petitions. When a qualifying organization 

seeks to transfer an alien to the United States against a blanket petition, the 

qualifying organization completes the certificate of eligibility for the alien. The alien 

must provide the consular officer, or a Service officer if the certificate is for a 

visa-exempt alien or involves a change of status, the following documents with this 

form to support eligibility for L Classification: 

((1)) A letter from the prospective employee's employer abroad confirming his 

or her dates of employment, job duties, qualifications, and salary for at least 

the previous year. 

((2)) Records of educational training, degrees, and other pertinent evidence to 

document that the prospective employee is a specialized knowledge 

professional. 

(i) General. The total period of a temporary stay in the United States for an L nonimmigrant is limited 

to five years, except where a sixth year is granted in extraordinary circumstances. Although an 

alien may be admitted initially for a period up to three years and given extensions in increments of 

two years, each period of stay requested and authorized may be less than the maximum period 

allowed. Therefore, the number of petitions and extensions granted during the five/six years are not 

relevant as long as the alien's total period of stay does not exceed the five/six-year limit. The 

five/six-year limit applies to the alien's total period of stay, regardless of the number of changes in 

employers or change in classification from the L to the H nonimmigrant category. The five/six-year


limit applies to both current and future L visa holders. 

(ii) Extraordinary circumstances. An extension to the sixth year must recommended by the director 

to the Administrative Appeals Unit (AAU). The director may deny the extension to the sixth year, 

but must certify an approval to the AAU. Approval of the sixth year is only granted in extraordinary 

circumstances which exist when it is found: 

(A) that termination of the alien's services will impose extreme hardship on the petitioner's 

business operation, such as significant lay-offs of U.S. workers, cessation of the petitioner's 

business, or severe financial losses; or 

(B) the alien's services are in the national welfare, safety, or security interests of the United 

States, such as completion of work on an essential military contract, a research project which 

has national significance, or work which is essential to U.S. Government intelligence or security. 

(iii) Limit on readmission. 

(A) Rationale. An alien who seeks to remain in the United States continuously or to reenter in a 

work-authorized capacity a short time after spending a five/ six-year period of time in the UNited 

States is viewed by the Service as having a permanent intent to remain in the United States and 

thus, should be classified as an immigrant, rather than a nonimmigrant. By residing outside the 

United States for one year after spending five/ six years in the United States, the alien will have 

demonstrated that he or she has the temporary intent required for H-1 or L classification. 

(B) Limitation. After a five/six-Year period of stay, the alien cannot reenter the United States in 

the H or L visa classifications unless he or she has resided and been physically present outside 

the United States for one year. Brief trips to the United States for business or pleasure will not 

be interruptive of the one-year requirement, but will not count towards fulfillment of that 

requirement. For aliens who reside continually in the UNited States for extended periods, the 

filing of a new petition after spending a short time abroad will not exempt the alien from the 

five/six-year limit. The new petition's approval period should be based on the five/six-year 

limit. For example, a Petition's for an alien who spends three years in the U.S. and leaves for 

three months will receive an approval period of no more than two years, after which the alien 

must reside abroad for one year. 

(iv) Exception to the five/six-year limit. The regulations provide exceptions to the five/six-year limit 

on a temporary stay and the requirement for the alien to reside abroad for one year after a 

five/six-year authorized stay in the U.S. The limitations do not apply to aliens who do not 

employment in the United States is seasonal, intermittent, or an aggregate of six months or less per 

year. In addition, the limitations will not apply to aliens who reside abroad and regularly commute to 

the United States to engage in part-time employment. Examples of aliens who would qualify for an 

exception are entertainers, professional athletes, some university faculty, and businessmen who 

work part-time or intermittently in the United States. Th burden is on the petitioner and the alien to 

establish that the alien qualifies for an exception. 

(8) Extension of stay procedure. 

(i) General. The regulations eliminated the requirement to file a petition extension to extend the stay 

of an L beneficiary. They require only the filing of an application for extension of stay by the 

beneficiary, along with supporting documents. Approval of the alien's extension of stay will result in 

automatic extension of the petition for the same period. 

(ii) Appeal. The Service does not provide appellate review of an alien's application for extension of 

stay. A decision to grant or deny the application is discretionary. Due process does not require the 

Service to provide appellate review of the discretionary denial of an application for a benefit 

conferred on a nonimmigrant. When novel or unusually complex issues are presented, the 

application should receive supervisory-level review. An alien who believes that his or her application 

has been arbitrarily or erroneously denied may file a motion to reopen or reconsider the case, 

request certification, or seek judicial relief. A denial of the extension of stay application requires no 

action on the petition;therefore, there is no decision on the petition to appeal. However, the 

petitioner is not precluded form filing a new petition in the alien's behalf. 

(9) Readjudication of L eligibility. 

(i) General. The eligibility of the alien for L classification may be readjudicated when the initial


classification involved gross error or when the petitioner and/or alien no longer met eligibility 

requirements for L classification. These circumstances will be detected usually at the time the 

application for extension of stay is filed. 

(ii) Procedure. Eligibility for L classification is determined when the petition is adjudicated. Because 

the request for extension does not require the filing of a petition extension, the director must motion 

to reopen or reconsider the petition in order to readjudicate eligibility for L classification. The 

situation may involve circumstances where the alien was clearly not a manager or executive or the 

petitioner no longer maintains an operation abroad. It is inappropriate to deny the alien's extension 

of stay application on these grounds, since these are factors which relate to the petition. The 

petition must be reopened and readjudicated, and if denied, the alien's application for extension of 

stay is also denied since there is not an approved petition to support the employment. 

(10) Other. 

(i) Investigations. The adjudicator shall not request an overseas investigation of the qualifications 

of a beneficiary of an L-1 petition if there are other grounds for denial of the petition. The request 

for an overseas investigation shall be accompanied by copies of the Form I-129L and supporting 

documents. 

There is a high incidence of misrepresentation involving work experience gained in Hong Kong, 

Taiwan, the People,s Republic of China, Pakistan, Bangladesh, and India. Even so, when the 

adjudicating officer is convinced that the evidence substantiates the work experience for an L-1 

nonimmigrant, the petition may be approved. The officer shall send all other L-1 nonimmigrant 

petitions for these countries for investigation. 

Service field offices will, without exception, submit requests for such investigation directly to and 

only to the Officer-In-Charge, Hong Kong, in cases involving beneficiaries who allegedly gained 

work experience in Hong kong, the People's Republic of China, or Taiwan or to the Officer-in-Charge, 

New Delhi, in cases involving beneficiaries who allegedly gained work experience in Bangladesh, 

India, or Pakistan. Requests will not be made directly to an Embassy or Consulate. 

Any request for an overseas investigation must be accompanied by copies of Form I-129B and all 

supporting documents. All requests for overseas investigation must be made in accordance with the 

general provisions of OI 103.1(c)(1). 

The adjudicator shall attach any report of investigation of the beneficiary's qualifications to the 

approved petition when it is forwarded to the consulate at which the visa application is to be made. 

(ii) Soviet-bloc nationals. When the beneficiary is a Soviet-bloc national, the notice of approval on 

Form I-171C shall instruct the petitioner to notify the Service office having jurisdiction over the port 

of departure 24 hours in advance of the alien's proposed departure; that office shall insure that 

Form I-94 showing facts of departure is promptly received and forwarded to the Central office. 

(Entire OI 214.2(1) revised TM 2/87) 

(11) Intracompany transferee adjudication pursuant to the United States-Canada Free-Trade Agreement 

(FTA). 

(i) Individual petition. As set forth at 8 CFR 214.2(l)(17) and in accordance with the United 

States-Canada Free-Trade Agreement (FTA), an individual petition to classify the status of an alien 

who is a citizen of Canada as an intracompany transferee may be filed in conjunction with the 

application for admission of the Canadian citizen beneficiary at a Class A port of entry, at a United 

States airport handling international traffic, or at a United States pre-clearance/pre-flight station. 

The individual petition, Form I-129L, must be filed in duplicate and all supporting documentation must 

accompany the petition. The petitioner need not be present at the time of filing, but the petition 

must bear the authorized signature of the petition must bear the authorized signature of the 

petitioner. The fee prescribed in *\8 CFr 103.7 must be remitted at the time of filing. A Form I-72) 

may be resubmitted at the port of entry. Although no additional filing fee will be required, the 

adjudicating officer is advised to exercise due caution in reviewing any information requested by the 

Service on Form I-72 as well as the supporting documentation. The adjudication of the I- 129L 

petition and the determination of the alien's admissibility are two separate and distinct actions and 

should be treated as such. 

(ii) Certification of eligibility for intracompany transferee under the blanket petition. A citizen of


Canada seeking classification as an intracompany transferee may apply for admission as L-1 under 

a previously approved blanket petition before an immigration officer at a Class A port of entry, a 

united States airport handling international traffic, or at a United States pre-clearance/per-flight 

station. The Canadian citizen applicant for admission shall present the original and two copies of 

Form I-129S, Intracompany Transferee Certificate of Eligibility, prepared by the approved 

organization, as well as three copies of Form I-171C (or Form I-797), notice of Approval of 

Nonimmigrant Visa petition. 

(iii) Approval of I-129L petition pursuant to the FTA. In cases where the petition is clearly 

approvable, the immigration officer shall complete the action block on the petition and assign a 

petition number in accordance with outstanding regional instruction. The remitter of the fee (the 

petitioner, if present, or the beneficiary) shall be provided a Service receipt, Form G-211, G-711, or 

I-797. The remitter should be advised that the notice of Approval, Form I-171C (or From I-797), will 

be forwarded by mail to the employer's address furnished on the petition. The original of Form 

I-129L and all supporting documentation shall be forwarded to the Regional Service Center with 

jurisdiction over the port of entry. The duplicate copy of the petition shall be retained at the port of 

entry of the period of validity of the petition. 

(iv) Procedures for admission of L-1 beneficiary. Upon approval of the petition and all necessary 

closing actions, the beneficiary shall be inspected. If the beneficiary is determined to be 

admissible, Form I-94 shall be completed and the departure portion of Form I-94 shall be provided to 

the beneficiary. The beneficiary shall be informed that Form I-94 and either Form I-171C (or Form 

I-797) from the petitioner or a new petition will be required for readmission as L-1. 

(v) Dependent spouse and children. The dependent spouse and minor children of an L-1 admitted 

under the terms and conditions of the FTA shall be entitled to classification as L-2, if otherwise 

admissible. The qualifying spouse or dependent minor children who are exempt from the visa 

requirements under 8 CFR 212.1 may be admitted with the principal alien beneficiary upon approval 

of the petition. 

The non-Canadian citizen spouse or children (who are not exempt from the visa requirement of 8 

CFR 212.1) may not accompany the principal alien beneficiary. They shall await the issuance of the 

Notice of Approval, Form I-171C (or Form I-797), with which they may apply for a nonimmigrant visa 

at a consular office. After obtaining a nonimmigrant visa, they may follow to join the principal alien 

beneficiary. In emergent cases, the designated consular office may be provided the pertinent 

information concerning the I-129L approval by cable. 

(vi) Deficient or deniable petitions or certificates of eligibility. Deficient or deniable petitions or 

certificates of eligibility shall be processed in accordance with 8 CFR 214.2(l)(17)(iv). In such 

cases, a prospective beneficiary shall not classifiable as L-1 for purposes of entry and shall be 

denied admission unless otherwise qualified under the Immigration and Nationality Act. 

(m) M-1 vocational students 

(1) Contents of OI 214.2 (m) 

(2) Vacation period for M-1 Students 

(3) Form I-20 ID Copy 

(4) Admission of student who does not have current school noted in visa or on Form I-20 ID Copy 

(5) Issuance of Form I-515 to M-1 Students. 

(6) The use of page 4 of Form I-20M-N for readmission after a temporary absence. 

(7) Extension of Stay; approved visa petition or labor certification. 

(8) M-1 Student who is unable to file an application for school transfer in conjunction with an application for 

extension of stay at least 60 days before the beginning of the school term. 

(9) M-1 Students granted transfer who does not transfer. 

(10) School transfer from one school system to another. 

(11) Timely adjudication of practical training applications. 

(12) Letter in support of practical training application. 

(13) Request for reinstatement to student status. 

(14) Notification of action taken on Form I-538. 

(15) Location of Service Data Processing Center. 

(2) Vacation periods for M-1 students. 

An M-1 Student is eligible for a summer vacation only if the student has completed an academic year


prior to that summer, is eligible and intends to register at the same school after the summer vacation, 

and vocational students at that school normally take a summer vacation. 

(3) Form I-20 ID Copy. 

(i) General. As of july 1, 1988, the student copy (pages 3 and 4) of the I-20 M-N has replaced the 

yellow I-20 ID Card. Endorsement of employment for practical training, school transfer or extension 

of stay will be made on the bottom part of 4 of Form I-20 M-N will become the new I-20 ID (student) 

Copy. Service officers should write I-20 ID (student) Copy on the left margin of page 3 of the 

student's I-20 M-N. 

(ii) Lost Form I-20 ID Copy. A student is expected to keep his or her Form I-20 ID Copy indefinitely. 

His or her admission number on Form I-20 ID Copy, he or she must apply for a new one on Form 

I-20 M-N. The designated school official should indicate on item 3 of the I-20 form that the form is 

issued to replace a lost I-20 form that the form is issued to replace a lost I-20 ID Copy. 

(iii) Travel of Student who has lost form I-20 ID Copy. 

(A) Obligation of Designated School official. If a student who has lost Form I-20 ID Copy wishes 

to travel to another country and return to the United States, a Designated official at the school 

the student wishes to attend should issue a new Form I-20 M-N and be number, if Known, on the 

new Form I-20 that will be used by the the student to seek readmission. 

(B) Issuance of new Form I-20 ID Copy upon readmission. Upon the student's readmission, he 

o she is to be given a new Form I-20 ID Copy, without filing a Form I-102. 

(C) Unknown admission number. If the student's admission number is not known, the student 

is to be given the admission number from his or her Form I-94 as though it were his or her first 

admission to the United States. His or her records in STSC will then be electronically 

consolidated consolidated under the original admission number. The designated official will be 

notified of the student's original admission number when he or she receives the 

computer-generated student status form, Form I-721, the next time. 

(iv) M-2 Dependents. Forms I-20 ID Copy are not issued to M-2 Dependents. 

(4) Admission of Student who does not have current school noted in visa or on Form I-20 ID Copy. 

If, Upon application for admission to the United States or readmission after a temporary absence, an M-1 

Students desires to attend a school other than the school specified in the student's visa or the school to 

which transfer has been authorized as indicated on the student's Form I-20 ID copy, the inspecting 

officer may, in his or her discretion, admit the student provided that: 

(i) the student presents a Form I-20M-N from the school the student intends to attend, 

(ii) the student presents documentary evidence of financial ability to attend the school which issued 

the Form I-20M-N, and 

(iii) the student establishes that failure to have the school the student intends to attend specified on 

his or hr visa resulted from circumstances beyond his or her control or that failure to be admitted 

would result in extreme hardship to the student. 

(5) Issuance of Form I-515 to M-1 Students. 

(i) Admission of student. When a bona fide M-1 Student who is otherwise eligible for admission or 

readmission after a temporary absence does not present an endorsed page 4 of Form I-20M-N or a 

new Form I-20 M-N and there is no bad faith involved in the student's failure to obtain the necessary 

form, the inspecting officer shall: 

(A) admit the student as an M-1 nonimmigrant for a period of 30 days and 

(B) issue Form I-515 to the student. 

(ii) Extension of Stay. In order to apply for an extension of stay, a student who was issued a Form 

I-515 must:


(A) obtain the necessary Form I-20M-N and 

(B) submit Form I-20M-N and Form I-515 in accordance with the instructions on Form I-515, to 

the Service office having jurisdiction over the school he or she intends to attend within the 

30-Day period. 

(iii) M-2 spouse and children. The accompanying spouse and children of an M-1 student without an 

endorsed page 4 of Form I-20M-N or a new Form I-20M-N may similarly be admitted for 30 days as 

M-2 principal is granted an extension. 

(6) The use of page 4 of Form I-20M-N for readmission after a temporary absence. 

(i) General. For the purpose of readmission of a student with an endorsed page 4, as provided in 8 

CFR 214.2(m)(4), a temporary absence from the UNited States is defined as an absence of less 

than 5 months. 

(ii) Issuance of duplicate pages 3 and 4. If a student loses his or her initial pages 3 and h of Form 

I-20M-N, a designated official may issue duplicate pages provided that they are in all respects 

identical to the initial pages. 

Replacement copies of the I-20 ID (student) Copy, pages 3 and 4 of Form I-20 M-N,may be issued 

by the designated school official without the filing of an I-102 except where practical training, 

extension of stay or school transfer has been authorized by the INS. 

(iii) No certification of designated school official. If a student presents pages 3 and 4 of Form 

I-20M-N when applying for readmission after a temporary absence, but page 4 does not have a 

current certification from the designated official, the student may be admitted, if otherwise 

admissible, and issued Form I-515 as provided in OI 214.2(m)(5). 

(7) Extension of Stay: Approved visa petition or labor certification. Since a student is required to have a 

residence abroad which he or she has no intention of abandoning, an application for extension of stay 

must be denied when it is known that the student is the beneficiary of an approved immigrant visa 

petition or that the student has been issued a labor certification for a permanent position, Unless the 

student can credibly establish that he or she intends to return to his or her residence abroad despite the 

petition approval or labor certification issuance. 

(8) M-1 Student who is unable to file an application for school transfer in conjunction with an application 

for extension of stay at least 60 days before the beginning of the new school term. 

(i) Regulatory requirement. 8 CFR 214.2(m)(11)(ii) states that "[60] days after having filed an 

application for extension of stay and school transfer, an M-1 student may effect the transfer subject 

to approval or denial of the application." This is not intended to cause hardship to bona fide students 

who are unable, due to circumstances beyond their control, to file their applications at least 60 days 

before the beginning of the new school term. 

(ii) Transfer without authority due to circumstances beyond student's control. If the only reason an 

application is deniable is because the student effected the transfer without authority when he or she 

was unable, due to circumstances beyond his or her control, to file the application at least 60 days 

before the beginning of the new school term, and if the application is accompanied by a letter from a 

designated official of the school to which the student transferred explaining in detail why the 

application could not have been submitted earlier, the adjudicating officer may consider the student 

to be reinstated to student status and may grant the application. 

(9) M-1 student granted transfer who does not transfer. If an M-1 student is granted a school transfer in 

conjunction with an application for extension of stay but remains at the school he/she shall submit the 

following to the Service office having jurisdiction over the application: 

(i) a current Form I-20M-N and 

(ii) a letter of explanation signed by the designated school official. If the student is not, and has 

not, been in violation of his or her student status, the student's records in STSC will be updated 

without payment of a fee. 

(10) School transfer from one school within a school system to another. If an M-1 student is attending 

one school within a school system and wishes to attend another school within the same system the


procedure for school transfer in conjunction with an application for extension of stay must be followed. 

(11) Timely adjudication of practical training applications. Failure to adjudicate a practical training 

application in a timely manner may result in a " de facto" denial of the application. Students may lose 

training positions because the organizations offering them cannot hold the positions open until the 

application is approved if it is not adjudicated in a timely manner. 

Accordingly, all practical training applications must be adjudicated within 40 days of filing, regardless of 

whether they are adjudicated in-district or at a remote site. 

(12) Letter in support of Practical training application. If a letter of employment in support of a practical 

training application indicates that the application indicates that the applicant's employment termination 

date is uncertain, the application is to be returned to the applicant with a request that he or she submit 

another letter from the employer acknowledging that practical training may be granted to the applicant 

only for the maximum aggregate period of time for which the applicant is eligible. 

(13) Request for reinstatement to student status. A request for reinstatement must be accompanied by 

a detailed written statement in accordance with 8 CFR 214.2(m)(16). It is also suggested, but not 

required, that the student submit a Form I-538 without fee to expedite a decision in the case. If the 

officer considering the request finds that the student's statement does not give enough information, that 

officer may request that the student submit a form I-538 without fee. 

(14) Notification of action taken on application on Form I-538. 

(i) Granted applications. If an application on Form 1-538 is granted, the student's Form I-29 ID Copy 

endorsed to show the action taken is to be returned to show the action taken is to be returned to 

the student in a window envelope by means of address label on Form I-538. If a student whose 

application is granted is represented by an attorney, Form I-542 is to be used in lieu of the address 

label. 

(ii) Denied applications. If an application on Form I-538 is denied, Form I-541, is to be used when 

notifying the student by mail. Form I-438, if applicable, with the address of the Service office on it, 

and the student's Form I-20 ID Copy are to be enclosed. If an application for extension of stay is 

denied, any voluntary departure granted to the denied, any voluntary departure granted to the 

student is to be noted on the Form I-20 ID Copy. 

(iii) Notification of designated school official. The district director may, in his or her discretion and 

upon a designated official's request: 

(A) mail the student's Form I-20 ID Copy to the student care of the designated official, or 

(B) furnish the designated official with a copy of Form I-541 or I-542. 

(15) Location of Service data processing center. The Service data processing center for STSC is 

located at the following address: 

ACS/Student-Schools Section 

P.O. Box 140 

London, Kentucky 40741 

(n) NATO aliens. 

The determination by a consular officer prior to admission will prima facie establish the classification of a 

NATO nonimmigrant.(TM 6/85) 

OI 214.3 Petition for approval of school. 

(a) Contents of OI 214.3. 

(b) General 

(c) School systems. 

(d) Updates to a school's record. 

(e) Determinations regarding F or M classification. 

(f) Form M-242.


(g) Liaison with designated school officials and students. 

(h) Outreach workshops 

(i) International educational exchange. 

(j) Record-keeping requirements. 

(k) Reporting requirements. 

(l) Guidelines for Service officer requesting information from designated school officials. 

(m) Review of school approvals. 

(n) Issuance of Forms I-20. 

(b) General. 

(1) Attachments and supporting evidence. Each Form I-17, Petition for Approval of School for 

Attendance by Nonimmigrant Students, must be accompanied by the forms and documents listed below: 

(i) Form(s) I-17A, Designated School Officials, listing up to five designated officials for each school 

or elementary or secondary school system or each school or campus within a school system 

(except an elementary or secondary school system). If the petitioner is a school system, each 

Form I-17A must list each school system, each Form I-17A must list each school or campus where 

the designated officials on the form are authorized to be designated officials. 

(ii) Form(s) I-17B, School System Attachment, if the petitioner is a school system. 

(iii) All supporting documents required by item #4 of the instructions to Form I-17. 

(2) Investigation of petitioner. If, following an interview of the authorized representative of the petitioner 

and an examination of the required documentary evidence, an outside inquiry is necessary to resolve 

any question concerning the bona fides of the school; its facilities, personnel finances, or recognition as 

an educational institution; or any other pertinent matter; an investigation should be requested. The 

officer requesting the investigation must draft an individual memorandum to the Investigations section 

articulating the reasons for requesting an investigation and specifically what he or she wants to be 

determined. 

(3) Alternative to listing in Department of Education publications. 

(i) Listing not published yet. If a school which is not listed in either of the most current revision of 

the Department of Education publications, "Accredited Postsecondary Institutions and Program" or 

"Education Directory,Colleges and Universities," submits evidence that it will be listed in one of 

these publications the next time it is published, the school will be considered to be listed in that 

publication. 

(ii) "Correspondent" or "candidate for accreditation". When a new institution of higher education 

indicates that it is having difficulty in meeting the requirement of establishing that its credits have 

been and are accepted unconditionally by at least three accredited institutions, a suggestion should 

be made that the institution used the following procedure for establishing eligibility for listing in the 

"Education Directory, Colleges and Universities". Under this procedure, the institution may 

correspond with the nationally recognized regional association which has jurisdiction over 

accreditation of institutions of higher education in the geographical area in which the institution is 

located in order to obtain recognition as a "correspondent" or "candidate for accreditation". These 

regional accrediting associations include: 

(A) the Middle States Association of Colleges and Schools. 

(B) the New England Association of Schools and Colleges 

(C) the North Central Association of Colleges and Schools. 

(D) the Northwest Association of Schools and Colleges 

(E) the Southern Association of Colleges and Schools, and 

(F) the Western Association of Schools and Colleges. 

The petitioner should be advised to submit, in support of Form I-17, any response received from 

the regional accrediting association indicating recognition of it. This response must be included 

among the papers furnished to the Department of Education when that agency is consulted.


In that case, no investigation should be requested pending receipt of a reply from the 

Department of Education. If the Department of Education advises that the new institution of 

higher education has successfully established eligibility for listing in the "Education Directory, 

Colleges and Universities" through recognition by the regional accrediting association, the 

institution may be considered to be listed in that publication. 

(4) Evidence that a school's courses of study are accepted as fulfilling the requirements for the 

attainment of an educational, professional, or vocational objective and are not avocational or recreational 

character. 

(i) School which must submit evident that its courses of study must submit evidence that its 

courses of study fulfill the requirements for the attainment of an educational, professional, or 

vocational objective, 8 CFR 214.3(b) states. in part, that a vocational school, business school, 

language school, and American institution of research recognized by the Attorney General must 

submit evidence that its courses of study are accepted as fulfilling the requirements for the 

attainment of an educational , professional or vocational objective and are not avocational or 

recreational in character. 

If a school is not an elementary or secondary school or an institution of higher education, it must 

demonstrate that it meets this requirement. This applies to vocational schools, business schools 

language schools, and American institutions of research recognized by the Attorney General, as well 

as any other institutions which are not elementary or secondary schools or institutions of higher 

education. If such an institution is approved for attendance of nonimmigrant students, the students 

are to be classified as F-1 or M-1 students depending on the nature of the studies as indicated in OI 

214.3(e). 

(ii) Vocational or professional objective. According to Department of Education guidelines, as 

evidence that a petitioner meets a vocational or professional objective, it must submit letter from 3 

employers of the petitioner's graduates, on the employer's letterhead, stating the name of the 

graduate, the school from which graduated, the position in which employed, and the period of 

employment. 

(iii) Educational objective. To prove that petitioner meets am educational objective it must submit 

letters from 3 accredited institutions of higher education, on the institution of higher education 

letterhead, stating the name of the graduate it has enrolled, the date or enrollment, and the fact that 

enrollment was on he basis of education or training received at the petitioning institution. 

(iv) Listing in Department of Education publication. According to the Department of Education, all 

institutions which are listed in the most current revisions of the Department of Education 

publications, "Accredited postsecondary institutions and programs" or "Education Directory, colleges 

and Universities," have demonstrated that they meet an educational, vocational or professional 

objective and are not avocational or recreational in character. 

(5) Consultation with the Department of Education. When requesting the advisory opinion of the 

Department of Education pursuant to 8 CFR 214.3(c), the adjudicating officer shall sent to that 

department copies of Form I-17, all supporting documents, the report of the all interview and of any 

investigation conductee in the case, and Form I-17B, if applicable. The originals of Form I-17, all 

supporting documents, the report of the interview and of the investigation, if applicable, and Form I17-B, 

if applicable, are to be retained in the file. Requests for advisory opinions are to be sent, as 

appropriate, to the addresses of the Department of Education listed in the Appendix to this OI. 

(i) Reference Tools. INS field offices should consult Department of Education (DOE) only when the 

petitioning school is either unlicensed or unaccredited. Before forwarding any school petition to 

DOE, Student/school officers should first refer to the latest edition or Accredited Institutions of 

Postsecondary Education, and then to the current DOE publication, Accredited Postsecondary 

Institutions and programs or Education Directory, Colleges and Universities. 

Accredited Institutions of Post secondary Education, published by the American Council on 

Education for the Council on Postsecondary Accreditation, may be obtained from Macmillian 

Publishing Company, Inc., Front & Brown Streets, Riverside, New Jersey 08075. 

Accredited Postsecondary Institutions and Programs and Education Directory, Colleges and 

Universities, both published by the Department of Education, include schools participating in 

Education, include schools participating in federal programs only. Since these publications do not


give a comprehensive listing of all the accredited postsecondary schools, they should not be used 

as primary reference tools. 

(ii) Consultation by Telephone. Consultation with DOE may be conducted by telephone if an 

unaccredited school indicates on the petition, Form I-17, that it has applied to DOE for federal 

funding under the alternative to accreditation arrangement [ see OI'$ 214.3(b) (3)]. In that case, 

instead of forwarding the petition to DOE, INS should request a status report from DOE. Telephone 

checks may also be made on any case that has been referred to DOE's average turnaround time is 

20 to 25 days from date of receipt. However, DOE for certification. DOE's average turnaround time 

is 20 to 25 days from date of receipt. However, DOE will expedite its responsible request by INS. 

Inquires to DOE should be addressed to the Chief, Eligibility Branch, at (FTS) 732-4906. 

(iii) DOE Certification. DOE may certify a school as either degree granting or vocational, based on 

whether or not that school confers degrees. All schools that do not confer degrees, including 

English language schools and certain community colleges, are certified as vocational. However, by 

INS definition, an academic institution, and an educational institution certified by DOE as vocational 

may approved as an academic institution authorized to accept F-1 students by the INS. To avoid 

confusion caused by these terms, the DOE certification will simply state whether or not the 

institution is a bona fied postsecondary school. INS will then determine if the school is classifiable 

as either F-1 or M-1 pursuant to the provision of 8 CFR 214.3(a). 

(iv) Congressional Inquires. All Congressional inquires regarding petitions for school approval should 

be handled by the INS at the district office level. It is the Service's responsibility to ascertain 

whether a petition is returned for additional information or is awaiting certification by DOE. 

(v) Supporting Documents. Service officers should examine petitions for completeness before 

referring them to DOE for certification . A complete petition should include a Form I-17, a copy of 

the INS interview statement with the petitioner is a flight school, in addition to the required 

documents, there should be evidence that the school is currently licensed or approved by the 

Federal Aviation Administration (FAA). 

(6) School or school system of long-standing and unquestioned reputation. In the case of a private 

school or school system listed in one of the Department of Education publications, "Accredited 

Postsecondary Institutions and Programs", or Education Directory, Colleges and Universities," of 

long-standing and unquestioned reputation, the district director may, in his or her discretion, waive the 

requirement for a certification by the appropriate licensing, approving or accrediting official that it is 

licensed, approved, or accredited. 

Similarly, in the case of private secondary school or school system of long-standing and unquestioned 

reputation which is operated by or as part of school or school system which is listed in one of the above 

publications, the district director may, in his or her discretion, waive the requirement for a certification 

that it meets the requirements of the state or local public educational system which has been signed by 

the appropriate public official. 

In making a determination as to whether to waive the above requirements, however, it must be kept in 

mind that the conditions at a school may have changed since the school was last listed in one of the 

above publications to the extent that the school is no longer eligible for listing in future editions of the 

publication. 

(7) Public school or school system. In the case of a public school or school system which is listed in 

one of the Department of Education Publications, "Accredited Postsecondary Institutions and Programs" 

or "Education Directory, Colleges and Universities," or which is a secondary school or school system 

listed in one of the above publications, the district director may, in his or her discretion, waive the 

requirement for a certification that it is owned or operated as a public educational institution by the 

United States or a state or political subdivision of the United States. 

(8) Schools where more than 12 months of alternate work/study is required part of the curriculum. A 

school approval petition may be approved in behalf of a school where more than 12 months of 

work/study courses is a required part of the curriculum. 

(9) Approval petition. 

(i) Initial approval. If an initial petition for school approval is approved, Form I-516 (with Forms M-50, 

M-201, M-258, M-259, I-94, I-20 enclosed) is used to notify the petitioner, A copy or copies of 

Form(s) I-17A must be attached to the Form I-516 sent to the petitioner. If the school is a school


system, a copy or copies of Form(s) I-17B must also be attached to the Form I-516 sent to the 

petitioner. 

(ii) Reaffirmation of approval. If the approval of a previously approved school is reaffirmed as a 

result of the filing of Form I-17 for review of approval or request for change or update, Form I-516 is 

used to notify the petitioner, with copies of Form(s) I-17A and I-17(B), if applicable, attached. A 

Form I-17 filed in such a case should be statistically counted as though it were an initial petition. 

(10) Approvable school with unapprovable course(s) of study. An unapprovable program at an otherwise 

approvable school may not be approved, for example, an evening course, in English language where 

students do not engage in a full course of study. If a petition for a school or school system with 

unapprovable programs is approved, the approval notice must state that the approval does not extend to 

those specified programs not found to be in compliance with Service regulations. This applies equally 

when: 

(i) the unapprovable program exists at an otherwise approvable school which has only one school or 

campus, 

(ii) an entire school or campus listed on Form I-17B is unapprovable, or 

(iii) part of a school or campus listed on Form I-17B is unapprovable. 

When a program at an otherwise approvable school or school system is denied, the petitioner must 

be given a formal denial notice and the opportunity to appeal the decision. 

(c) School systems. 

(1) General. At the option of the petitioner, a School system (including an elementary or secondary 

school system) within the same Service jurisdiction may file one or more Forms I-17. If a separate Form 

I 17 is filed for each school system School, then Form I-17B is not necessary. Furthermore, the school 

code suffix referred to in 8 CFR 214.2(f)(13) and 8 CFR 214.2(m) (17) in such a case would be.000. The 

consecutively numbered school code suffixes are necessary only when one Form I-17 is used for more 

than one school or campus. 

(2) Colleges or universities with English language programs. At the option of the petitioner, an English 

language program operated by a college or university may distinguish itself from its parent school by 

listing it self as a separate school on Form I-17B if the school officials at the parent school and at the 

English program agree to do so. 

(3) School or campuses within a school system. The purpose of the school code suffix is to assign 

each school or campus within a school system a unique identifying number in STSC. Separate teaching 

institutions within a single campus (except at the elementary or secondary level)may, at the option of 

the petitioner, also qualify as schools within a school system, provided that their student enrollments 

and administrations are independent from those of the parent school. Each school or campus with a 

separate computer -generated student status form, Form I-721, for purposes of complying with the report 

requirements of 8 CFR 214.3(g) (2) and may list up to five designated officials on Form I-17A. 

(d) Updates to a school's record. 

(1) Change in designated school officials. Any changes in an approved school's designated officials 

must be reported by the school on Form I-17A to the District Director having jurisdiction over the school 

within 30 days of each change. A Form I-17A for a school system must list the name and school code 

suffix of each school or campus where the change is desired. 

After review, the original Form I-17A will be sent to the Service data processing center to update STSC. 

(2) Change in ownership. If an approved school or school system changes ownership, if its approval will 

be automatically withdrawn 60 days after the change in ownership unless, during that period, if files a 

new petition for school approval on Form(s) I-17 with the appropriate fee, Form(s) I-17A and, if 

applicable, I-17B. The school must be notified if the approval is reaffirmed. 

If a school or school system changes ownership while Form I-17 is pending, a new Form I-17 must be 

filed, with the appropriate fee, Form(s) I-17A and, if applicable, I-17B. 

(3) New determination regarding type of student for which approved.If a motion to reopen or reconsider a


determination regarding the type of student for which a school is approved (F or M or both) is granted, 

the school must be notified of the decision on Form I-516. If the petition is for a school system, a copy 

of Form I-17B must be attached to Form I-516. 

(4) Change in schools or campuses. If an approved school system wishes approval for schools or 

campuses not listed on its initial Form I-17B, wishes to remove schools or campuses listed on its initial 

Form I-17B, or otherwise wishes to update or correct the information previously submitted on Form I-17B, 

it must submit a new Form I-17, without fee, accompanied by Form I-17B and, if applicable, Form(s) 

I-17A. If a previously approved school that was not a school system becomes a school system and 

wishes approval for additional school(s) or campus(es),it must submit a new Form I-17, without fee, and, 

if applicable, Forms I-17A and I-17B. 

(5) Other updates. If an approved school wishes to advise the Service of change in address or school 

term or to change in address or school term or to change the type of student for which it is approved (F 

or M or both), it must submit a new Form I-17, without fee, and, if applicable, Forms I-17A and/or I-17B. 

(e) Determinations regarding F or M classification. 8 CFR 214.3(a)(2) provides for approval of a school for 

attendance of F-1 or M-1 students or both based , in large part, on the nature of the subject matter taught. 

If a student intends to pursue studies primarily in the liberal arts, fine arts language, religion, or the 

professions while pursuing a full course of study in the United States. the student is to be classified as an 

F-1 student. The term 'profession" in 8 CFR 214.3(a)(2) is defined in Section 101(a) (32) of the Act. 

(f) Form M-242. Form M-242, Immigration and Naturalization Service-Student and School seeking approval 

on Form I-17. It contains all sections of the regulations which designated officials must read prior to signing 

Forms I-17A. 

(g) Liaison with designated school officials and students. to establish and promote a meaningful 

relationship between the Service and designated officials and nonimmigrant students and to assure that the 

officials and students have maximum understanding of the law, regulations, and procedures relating to 

nonimmigrant students and approved schools, Service officers at field offices shall meet with designated 

officials and foreign students within their jurisdiction to the extent possible and as the worlkload permits. 

These meetings should be held at least once a year were practicable, preferably at the beginning of the 

school year. The officials and students in a friendly cordial, and sociable atmosphere conductive to 

promoting a mutual attitude of cooperation an assistance, their privileges and obligations and impress upon 

them the willingness of this Service to assist them with immigration matters. 

(h) Outreach workshops. The Director, outreach, Central Office, will assist in setting up student and school 

workshops wherever necessary, to the extent possible and as the workload permits to discuss regulations, 

procedures, and problems. To ensure that all approved schools within the jurisdiction in question are invited 

to participate in these workshops, lists of approved schools on record in STSC may be used. For 

assistance in setting up workshops, call the Director at (202) 633-4123. 

(i) International educational exchange. The United States Government is firmly committed to the value of 

international student exchange activities. Foreign students at American institutions constitute the future 

leadership of other nations. 

Service officers are extremely influential in determining the attitudes of these students toward the United 

States Government through contact made with the students during their residence in the United States. 

Officers should therefore treat students appropriately. 

In particular, the Service is concerned that officers convey a positive impression of the freedom and 

openness of American society, and the Government's commitment to the rule of law and due process. In all 

cases, nonimmigrant students are to be treated with the courtesy and respect due future leaders of 

government and business during their period of study in the United States. Service employees should exhibit 

sensitivity and courtesy particularly when it its necessary to deny a request or benefit. 

(j) Record-keeeping requirements. 8 CFR 214.3(g)(1) requires that schools keep all records indicated in 

that section on all F-1 and M-1 students to whom it has issued forms I-20A-B or I-20M-N. If a student refuses 

to provide the school with the requested information a designated of the school should bring this to the 

attention of the Service. A Service officer may then request the necessary information pursuant to 8 CFR 

214.1(f). 

It should be noted that the address referred to in 8 CFR 214.3(g) (1) (iii) means the address of the 

student's actual residence, not a P.O. Box.


It should also be noted that failure to comply with 8 CFR 214.3(g)(1) without a subpoena is a ground 

withdrawal of a school's approval. 8 CFR 214.3(g)(1) requires that a designated official make the information 

and documents required by this regulation available to and furnish them to any Service officer upon request. 

The request may be verbal or in writing. 

(k) Reporting a student's social security number. 

(1) General. 8 CFR 214.3(g)(2) requires that schools furnish reports on the student status form, Form 

I-721, on all F-1 and M-1 students attending the schools whether or not they issue Forms I-20 to them. 

See OI 214.2(f)(46), (47), and (48) regarding Form I-721. 

(2) Reporting a student's social security number. The Service's General Counsel has advised that a 

Service-approved school's approval is not subject to withdrawal under 8 CFR 214.4(a)(1)(i) for failure to 

reveal a student's social security number without a subpoena. Under 8 CFR 214.3(g)(1)(xii), an approved 

school is required to maintain for each student "information specified by the Service as necessary to 

identify the student, such as date and place of birth, and to determine the student's immigration status". 

Since there is presently no specific requirement that social security numbers be maintained, there is no 

requirement under 8CFR 214.3(g)(1)(xii) that they be furnished to an immigration officer upon request. 

(l) Guidelines for Service officers in requesting information from designated school officials. 

(1) Student consent. It should be noted that all F-1 and M-1 students must sign certifications on page 

2 of Forms I-20A-B or I-20M-N containing the statement."I authorize the named school, and any school 

to which I transfer, to release any information from my records which is needed to determine if I am 

maintaining the lawful status in which I was admitted to the United States". Therefore , even if the 

school which the student is attending did not issue a Form I-20 to the student, if the student transferred 

to that school after having signed the above statement on a Form I-20 from another school, the school 

which the student is attending is authorized to release information necessary to determine the student's 

immigration status. 

(2) Family Educational Rights and privacy Act. 

(i) Legal requirements. Service officers should note that the Family Educational Rights and Privacy 

Act (20 USC 1232g, 1974), or Buckley Amendment, protects student records from unauthorized 

disclosures and constrains school officials from releasing information from student records in certain 

cases. Furthermore, a record of disclosure is required under the law. Educational institutions must 

comply with these statutes under threat of loss of funds from the Department of Education. 

(ii) General Counsel's advisory opinion. The Service's General Counsel has advised that the 

Consent which an F-1 or M-1 student executes on page 2 of form I-20 is an effective method of 

insulating a school from an allegation that it is violation of the Buckley Amendment. Once the 

consent is in existence, and it is assumed the consent exists for an F-1 or M-1 student or the 

Service would not have accepted Form I-20, neither the school officer needs physical possession 

of the consent when a request for information under the reporting requirements is made. 

(iii) Concerns of some designated school officials. In spite of the above, some regarding the release 

of information about students to whom they have not issued Forms I-20. Since promoting 

cooperative relationships between designated school officials and Service officers will enhance the 

effectiveness of the foreign student program, Service officers should be aware of these concerns. 

While it is expected that problems in this area will normally be resolved at the district office level, 

assistance may be requested from Central Office Adjudications through the regional office. 

(3) Voluminous requests for information. Officers should keep in mind that asking for information on 

large numbers of students at a school is quite burdensome to that school. Officers should therefore ask 

designated officials only for that information which they need and which they are unable to obtain from 

STSC screens and regular or ad hoc reports. 

(4) Making requests in writing. To the extent possible, officers should make requests for information from 

designated officials in writing and allow a reasonable amount of time for a response. It is suggested that 

the format and wording in the sample request which appears in the Appendix to this OI be used in 

making written request. 

(m) Review of school approvals.


(1) Frequency. The review of school approvals required by 8 CFR 214.3(h) must be conducted in a 

regular basis. Each school file must be reviewed at least once every two years. 

(2) Brief review. In the case of a public school or school system or a private school or school system of 

long-standing and unquestioned reputation, where there is no derogatory information relating to the 

school in the school file or the school record in STSC and no useful purpose would be served by an 

extensive review, the reviewing officer shall simply review the school file and school records in STSC 

and update the school's records in STSC to indicate that a review has been done. 

(3) In-depth review. In any other case the reviewing officer shall send a Form I-157 to the school with 

Forms I-17, I-17A, and if applicable, I-17B. The school must then file a petition for continuation of its 

approval without fee. If the approval is reaffirmed, the school must be notified of the action taken. 

(Entire 214.3 revised TM 6/85 

(n) Issuance of Forms I-20. 

(1) whether schools are required to issue Forms I-20. Service regulations do not require that schools 

accept nonimmigrant students and issue Forms I-20A and I-20M to them since this matter is not within 

the jurisdiction of this Service. Any school or school system seeking approval or attendance of 

nonimmigrant students must file a petition with this Service. If the petition is approved, a designated 

official of the school or school system may issue form I-20A and I-20M. 

(2) Issuance of Forms I-20 to individuals other than F-1 or M-1 students. Forms I-20 are to be issued 

only to aliens who are F-1 or M-1 students or who are seeking F-1 or M-1 status. 

(3) Charging fees for issuance of Forms I-20. Once the appropriate school authority has determined that 

the prospective F-1 or M-1 student's qualifications meet all standards for admission, and the official 

responsible for admission at the school has accepted the student for enrollment in a full course of study 

after compliance with the other conditions of 8 CFR 214.3(k), a designated official of the school must 

issue a Form I-20. Since the regulation provides that the official must issue the form, requiring the 

payment of a fee for its issuance is a violation of Service regulations. 

Furthermore, the Criminal Division of the Department of Justice has advised that the possibility exists 

that a designated official who charges a fee for an accepted student to obtain Form I-20 may be in 

violation of 18 U.S.C. 291(c), which makes it a Federal claim for a public official to exact anything of 

value in the performance of an official to exact anything of value in the performance of an official act. 

(4) Issuance of provisional Forms I-20. The provisional issuance of Forms I-20 is a violation of 8 CFR 

214.3(k). According to that regulation. a designated school official may not issue a Form I-20 until the 

appropriate school authority has determined that the prospective student's qualifications meet all 

standards for admission at the school which has accepted the prospective student for enrollment in a 

full course of study. 

(5) Written application to school. 8 CFR 214.3(k) requires, in part, that a prospective student personally 

make a written application to a school prior to issuance of Form I-20A or I-20M. The only exceptions 

permitted are that: 

(i) An application may be made in behalf of a scholarship student by an official agency of the 

student's government such as the ministry of education and 

(ii) The application may be made in behalf of a student by the student's parent or legal guardian. 

(6) Centralized issuance of Forms I-20 by school system under than one jurisdiction. 8 CFR 214.3(a)(1) 

requires the same school system located within the jurisdiction of different district directors. The 

centralized issuance of Forms I-20A-B or I 20M-N to bona fide nonimmigrant students by a designated 

official of such a school system is permitted when the following conditions have been met: 

(i) The designated official(s) responsible for signing Forms I-20 is/are aware of, and can certify 

awareness of, all costs incurred by students at all approved schools within the school system. 

(ii) There is compliance with all requirements of 8 CFR 214.3(k) and (1). 

OI 214.4 Withdrawal of school approval.


(a) Contents of OI 214.4 

(b) Schools not in compliance with the regulations 

(c) Warning letter. 

(d) Termination of withdrawal proceedings. 

(e) Termination of withdrawal proceedings. 

(f) Status of student at school where approval is withdrawn. 

(b) Schools not in compliance with the regulations. District directors are to put special emphasis on 

instituting proceedings to withdraw the approvals of schools not in compliance with the regulations. 

(c) Warning letter. When it appears that a school or school system has conducted itself in such a way that 

withdrawal of approval might be in order if the conduct were to be continued, an officer in the Examinations 

section shall send a letter of warning to the offending school or school system detailing the dereliction(s) and 

advising the school or school system that any repetition of the offense(s) may lead to proceedings to 

withdraw to approval . The letter must also ask the school to explain the cause(s) of the offense(s) and to 

indicate any corrective action the school has taken or will take with respect to the offense(s). (Blackwell 

College of Busineess v. Attorney General, 454 F.2nd. 928 (1971)). 

A Form I-17 and, if applicable, Form(s) I-17B, must be enclosed with the warning letter and the school or 

school system must be requested to fill it out and submit it, without fee, as a petition for continuation of its 

approval. If the school or school system submits Form I-17 with Form(s) I-17B, if applicable, and if, the 

petitioner, must be notified of the action taken. 

(d) Withdrawal on notice. If a school or school system persists in conduct which resulted in a warning 

letter's being sent, and it is concluded that approval is no longer warranted, the Examinations section shall 

serve upon the representative of the school or school system a notice of intent to withdraw the school's 

approval pursuant to 8 CFR 214.4(b). In addition to the grounds for withdrawal, the notice must set out in 

reasonable detail the incidents upon which the finding of noncompliance identification of the particular 

incidents, as well as any relevant time factors. 

The Examinations Section is also responsible for taking the action required by 8 CFR 214.4(c) if the 

answer admits the allegations in the notice, fails to submit a timely answer, or fails to request a hearing. If a 

timely answer contesting requesting a hearing is filed, the examinations section shall submit the case to a 

trial attorney for referral to an immigration judge. 

If a Form I-!& was filed as a petition for continuation of school approval in response to the request for 

such a petition in the warning letter and, if the school's approval is withdrawn, the action on the Form I-17 

must be statistically counted as a denial. 

(e) Termination of withdrawal proceedings. If the withdrawal proceedings are terminated, the school or 

school system should be requested to submit a Form I-17, without fee, if such a petition has not already 

been submitted and, if applicable, Form(s) I-17B. The purpose of Form(s) I-17 and, if applicable, I-17B is to 

notify STSC that the approval has been reaffirmed. In such a case, the action on Form I-17 must be 

statistically counted as an approval. 

(f) Status of student at school where approval is withdrawn. When the approval of a school a student is 

authorized to attend is withdrawn, the district director shall notify the student that: 

(1) the approval of the school he or she has been authorized to attend has been withdrawn, 

(2) if he or she was previously authorized to remain in the United States for a longer period of time, he or 

she is permitted to remain in the United States to pursue a full course of study only until the end of the 

current term or session plus 30 days and 

(3) he or she must either seek admission to a Service-approved school or depart from the United States 

upon expiration of his or her authorized stay. 

The student must submit Form I-20A if he or she is an F-1 who is admitted to an approved school to 

pursue the same educational program or Form I-538 if he or she is an F-1 student who is admitted to an 

approved school to pursue another educational program or an M-1 student who is admitted to an 

approved school to pursue another educational program or an M-1 student. The Certification of 

Designated School Official on Form I-538 does not need to be completed.


If the student, despite diligent efforts, is unable to gain admission to an approved school prior to the 

expiration of his or her authorized stay, the district director may grant him or her voluntary departure not 

to exceed 6 months to continue his or her efforts to gain admission to an approved school. 

OI 214.6 Special requirements for admission extension and maintenance of status for Canadian citizens 

coming to engage in business activities at a professional level pursuant to the United States- Canada 

Free-Trade Agreement (FTA). 

(a) General. Whether the Canadian citizen is employed by a foreign company or is self-employed, the 

purpose of entry must be to be perform prearranged activities for a United States entity. 

(b) Documentation. Although the regulations allow the immigration inspector to accept a letter affirming 

qualifying information, in questionable cases, the applicant for admission may be required to present 

licenses, diplomas, degrees, certificates, or membership in professional organizations. 

(c) Discussion of professions or occupations contained in Schedule 2 to Annex 1502.1 of the FTA. 

(1) Scientists. Entomologists, animal scientists, agriculturist (agronomists), dairy scientists, poultry 

scientists, and soil scientists are scientists involved in the field of agriculture. All of these occupations 

require at least a baccalaureate degree for entry into the occupation. 

(2) Physicians. Canadian-citizen foreign medical graduates coming to the United States under this 

provision of the FTA must be coming to engage in teaching an/or research. They may not come to 

engage in direct patient care. Patient care incidental to teaching and/or research is permissible. Patient 

care is incidental when it is casually incurred in conjunction with the physician's teaching or research. 

To determine if the patient care will be incidental, officers must consider factors, such as the amount of 

time spent in patient care, whether the physician is paid for services rendered, whether the physician's 

salary offer is so substantial that incidental patient care is unlikely, and whether the physician is 

responsible for a regular patient load. Canadian citizen physicians, however, who are graduates of 

U.S. medical schools may be admitted under this classification for residencies, internships, or direct 

patient care. Professional status for any Canadian-citizen physician may be demonstrated by the 

holding of a medical degree, a provincial license, or a license issued by a state of the United States, 

Guam, Puerto Rico, or the Virgin Islands of the United States. 

(3) Registered nurses. Professional status may be demonstrated by a provincial or state license; 

however, in order to be admitted as a registered nurse, the Canadian citizen must present a permanent 

state license, a temporary state license, or other temporary authorization to work as a registered or 

graduate nurse, issued by the State Board of Nursing in the state of intended employment. 

Canadian-citizen registered nurses holding temporary state licenses or other temporary state 

authorization shall not be required to show that they have passed the examination given by the 

Commission on Graduates of Foreign Nursing Schools (CGFNS). Admission of a Canadian-citizen 

registered nurse with a temporary license or other temporary authorization should not be limited to the 

expiration date of either document. 

(4) Animal and plant breeders. breed animals and plants to improve their economic and esthetic 

characteristics. Both are occupations requiring at least a baccalaureate degree for entry into the 

occupation. 

(5) Forestry occupations. Sylviculturists and foresters plan an supervise the growing, protection, and 

harvesting of trees. Range managers manage , improve, and protect rangelands to maximize their use 

without damaging the environment. A baccalaureate in forestry or a related field is the minimum entry 

requirement for these three occupations. 

(6) Scientific technicians/technologists. These occupations do not ordinary require that the individual 

possess a baccalaureate; consequently, supporting documentation should be an attestation from the 

prospective United States employer or the Canadian employer that the individual possesses the skills 

set forth in Schedule 2. 

(7) disaster relief insurance claims adjusters. To quality in this occupational category, a canadian 

citizen must be employed by an insurance company located in Canada or be an independent claims 

adjuster who has successfully completed training in the appropriate areas of insurance adjustment for 

disaster relief claims. This requirement is in addition to the experience or educational requirements set 

forth in the regulations. For the purposes of this occupation, a disaster shall be an even declared to be 

disaster by the president of the United States or pursuant to a state statute or local ordinance, or an


event at a site which has been assigned a catastrophe serial number by the Property Claims Service of 

the American Insurance Services Group, or by an association of insurance companies representing at 

least 15 percent of the property casually market in the United States, on the ground that the estimated 

total amount of insured property damage exceeds $5 million and represents a significant number of 

insurance claims. 

(8) Management consultants. Management consultants provide services which are directed toward 

improving the managerial, operating, and economic performance of public and private entities by 

analyzing and resolving strategic and operating problems and thereby improving the entity's goals, 

objectives, polices, strategies, administration, organization and operation. Management consultants are 

usually independent contractors or employees of consulting firms under contracts to U.S. entities. They 

are only salaried employees of U.S. entities to which they are providing their services when they are not 

assuming existing positions or filling newly-created positions, As salaried employee of such a U.S. 

entity, they may only fill supernumerary temporary positions. On the other hand, a Canadian citizen 

management consultant could be coming temporarily to fill a permanent position with a United States 

management consulting firm. Canadian citizens may qualify as management consultants by holding a 

baccalaureate degree, by having five years of experience in the field of management consulting, or by 

having five years of experience in a field of specialty related to the consulting agreement. 

(9) General observations on Schedule 2. Schedule 2, except for some specific occupations, does not 

state that a degree in particular field is required for qualification as a TC nonimmigrant. Officers should 

used good judgment in determining whether a degree in an allied field may be appropriate. Academic 

degrees which qualify Canadian citizens for this classification are not restricted to degrees awarded by 

United States or Canadian colleges or universities. 

Schedule 2, as set forth in the regulations, has been annotated to indicate, where appropriate, 

professional credentials may be accepted in lieu of evidence of a degree. The occupations where this is 

indicated are physician, dentist , registered nurse, veterinarian, lawyer, disaster relief insurance claims 

adjuster, and management consultant. 

The regulations state that to qualify for Schedule 2, the Canadian citizen must possess the minimum of a 

baccalaureate degree, unless otherwise specified. There is no requirement that the baccalaureate be 

gained in a four-year academic program. Three-year baccalaurate programs are common in Canadian 

colleges and universities, and are qualifying for Schedule 2. 

(d) Readmission. If a Canadian citizen in this classification applies for readmission with an unexpired Form 

I-94 and a letter indicating that his/her services are needed in the United States by the same employer for a 

period of time beyond that authorized on the current I-94, he/she may be admitted for the new period of time 

and issued a new 

Form I-94, on remittance of the fee prescribed in the regulations. Alternatively, the Canadian citizen may 

be admitted for the time remaining on the current I-94, and he/she may apply for an extension of stay with 

the Service office having jurisdiction over the place where he/she is staying in the United States. If the 

Canadian citizen applies for readmission with an unexpired Form I-94 and indicates that his/her former 

employer is to be replaced by a new employer or that he/she has acquired an additional employer(s), then a 

new Form I-94 should be issued on remittance of the prescribed fee. 

(e) Extension of stay. The regulations provide for extensions in increments of one year for Canadian 

citizens in this classification. There is no limit on the number of extensions, but adjudicating officers should 

keep in mind that this classification is for temporary entry without the intent to establish permanent 

residence. As with H-1 and L-1 nonimmigrants, the approval of a permanent labor certification or the filing of 

a preference petition is not by itself ground to deny a request for extension by a TC nonimmigrant. The B-2 

spouse and unmarried minor children of a TC nonimmigrant may be included in the principal's application for 

an extension of stay. 

(f) Spouse and minor children. The B-2 spouse and unmarried minor child or children of a TC nonimmigrant 

may attend school in the United States on a full-time basis, since such attendance is deemed to be 

incidental to their purpose for being in the United States. 

(g) Change of nonimmigrant classification to TC. Except as limited by section 248 of the Act.a citizen of 

Canada who is currently in the United States in another valid immigrant classification is not precluded from 

filing an Application for Change of Nonimmigrant Status (Form I-506) to TC classification. If the principal 

Canadian citizen's spouse and unmarried minor child or children have been admitted to the United States B-2 

visitors, they should be separately processed on Form I-539 for an extension of stay corresponding to the 

principal's authorized stay as a TC nonimmigrant. In such a case, they should be issued Forms I-94 if such


forms were not received on initial entry. 

A Canadian citizen in the United States as an H-1 or L-1 (subject to the five-year limitation for either of 

these classifications) may be changed to TC classification provided his/her occupation is in Schedule 2 to 

annex 1502.1. TC classification does not combine with H-1 or L-1 for the purposes of the five-year limitation. 

A Canadian-citizen J nonimmigrant subject to the tow-year foreign residency requirement of section 212(e) 

may not change to TC classification in the United States. However, there is nothing to preclude his/her 

admission as a TC from outside the United States. Such Canadian citizens, however, remain subject to 

section 212(e) for change of nonimmigrant status and adjustment purposes. 

APPENDIX to OI 214.2(h)(1) 

Location of INS office 

Albany, N.Y. 

Anchorage, Alaska 

Atlanta, Ga. 

Send copy of Form I-171C 

to: 

Collection Division, 

Internal Revenue Service 

at: 

Leo W. O'Brien Federal 

Building 

Clinton Ave. & N. Pearl St. 

Albany, NY 12207 

310 K St. 

Anchorage, AK 99501 

275 Peachtree St., N.E. 

Atlanta, GA 30043 

500 22nd St. South 

Birmingham, AL 35233 

320 Federal Place 

Greensboro, NC 27401 

1835 Assembly St. 

Columbia, SC 292001 

Baltimore, Md. 

Boston, Mass. 

Federal Building 

31 Hopkins Plaza 

Baltimore, MD 212001 

JFK Federal Building 

Boston, MA 02203 

80 Daniel St. 

Portsmouth, NH 03801 

INS Office: 

IRS Office(s): 

380 Westminister Mall 

Providence, RJ 02903 

Buffalo, N.Y. 

Charlotte, N.C. 

111 W. Huron St. 

Buffalo, NY 14202 

320 S. Dearborn St. 

Chicago, TL 60604 

574 N. Pennsylvania St. 

Indianapolis, IN 46204


Federal Building and 

Court House 

517 E. Wisconsin Ave. 

Milwaukee, WI 53202 

*1* Cincinnati, Ohio 550 Main St. 

Cincinnati, OH 45202 

Cleveland, Ohio 

Dallas, Tex. 

1240 E. 9th St. 

Cleveland, OH 44199 

1100 Commerce St. 

Dallas, TX 75247 

200 N.W. Fourth St. 

Oklahoma City, OK 73102 

Denver, Colo. 

INS Office: 

1050 Seventeenth St. 

Denver, CO 80265 


465 S. Fourth East St. 

Salt Lake City, UT 84111 

308 W. Twenty-First St. 

Cheyenne, WY 82001 

Detroit, Mich. 

E1 Paso, Tex. 

2465 McNamara Building 

477 Michigan Ave. 

Detroit, MI 48226 

300 E. 8th St. 

Austin, TX 78701 

517 Gold Ave., S.W. 

Albuquerque, NM 87101 

Harlingen, Tex. 

300 E. 8th St. 


Hartford, Conn. 135 High St. (Stop 160) 

Hartford, CT 06103 

Helena, Mont. 

Federal Building, 2nd Floor 

3001 S. Park Ave. 

Helena, MT 59626 

550 W. Fort St., Box 041 

Boise, ID 83724 

Honolulu, Hawaii 

Houston, Tex. 

INS Office: 

PJKK Federal Building 

300 Ala Moana 

Honolulu, HI 96850 

MS 5000-BP 

3223 Briarpark 

Houston, TX 77057 


300 E. 8th St. 


Indianapolis, Ind. 

575 N. Pennsylvania St.


Indianapolis, IN 46204 

Kansas City, Mo. 

U.S. Court & Custom House 

1114 Market St. 

St. Louis, MO 63101 

412 S, Main St. 

Wichita, KS 67202 

Los Angeles, Calif. 

Las Vegas, Nev. 

300 N. Los Angeles St. 

Los Angeles, CA 90012 

300 Booth St. 

Reno, NV 89509 

*1* Memphis, Tenn. 801 Broadway 

Nashville, FL 322 

Miami, Fla. 

Milwaukee, Wis 

Newark, N.J. 

400 W. Bay St. 

Jacksonville, FL 32202 


Court House 

517 E. Wisconsin Ave. 

Milwaukee, WI 53202 


970 Broad St. 

Newark, NJ 07102 

New Orleans, La. 500 Camp St. - Stop 4 

New Orleans, LA 70130 

INS Office: 


100 W. Capitol St. 

Suite 504 

Jackson, MS 39269 

700 W. Capitol 

Little Rock, AR 72201 

801 Broadway 

Nashville, TN 37203 

601 W. Broadway 

Louisville, KY 40202 

New York, N.Y. 

120 Church St. 

New York, NY 10007 

*1* Norfolk, Va. 400 N. Eighth St. 

Richmond, VA 23240 

Omaha, Neb. 

Federal Office Building 

106 S. Fifteenth St. 

Omaha NE 68102 


210 Walnut St. 

Des Moines, IA 50309 

Philadelphia, Pa. 

600 Arch St. 

Philadelphia, PA 19106


844 King St., Room 314 

Wilmington, DE 19801 

425 Juliana St. 

Parkersburg, WV 26101 

INS Office: 

Phoenix, Ariz. 

IRS Official(s): 

2120 N. Central Ave.. 

Phoenix, AZ 85004 

300 Booth St. 

Reno, NY 89509 

*1* Pittsburgh, Pa. 1000 Liberty Ave. 

Pittsburgh, PA 15222 

Portland, Maine 

68 Sewall St. 

Augusta, ME 04330 

11 Elmwood Ave. 

Burlington, VT 05401 

Portland, Ore. 

Providence, R.I. 

St. Albans, Vt. 

St. Louis, Mo. 

St. Paul, Minn. 

INS Office: 

1220 S.W. Third Ave. 

Portland, OR 97204 

380 Booth St. 

Reno NV 89509 

11 Elmwood Ave. 

Burlington, VT 05401 

U.S. Court & Custom House 

1114 Market Street 

St. Louis, MO 63101 

Federal building and 

Court House 

316 N. Robert St. 

St. Paul, MN 55101 



115 Fourth Ave., S.E. 

Aberdeen, SD 574001 


Post Office 

653 2nd Ave., N. 

Fargo, ND 58102 

Salt Lake City, Utah 

San Antonio, Tex. 

San Diego, Calif. 

465 S. Fourth East St. 

Salt Lake City, UT 84111 

300 E. Eighth St. 


2400 Avila Road 

Laguna Niguel, CA 926877 

San Francisco, Calif. Box 36020 

300 N. Los Angeles St. 

Los Angeles, CA 90012


450 Golden Gate Ave. 

San Francisco, CA 94120 

San Juan, P.R. 

Seattle, Wash. 

Spokane, Wash. 

INS Office: 

Pan Am Building, 4th Floor 

255 Ponce de Leon Ave. 

Hato Rey, PR 00917 

915 Second Ave. 

Seattle, WA 98174 

915 Second Ave. 

Seattle, WA 98174 


*2* Washington, D.C. Federal Building 

31 Hopkins Plaza 

Baltimore, MD 21201 

400 N. Eighth St. 

Richmond, VA 23240 

*1* See the also IRS office addresses listed for the Service district office having jurisdiction over this 

suboffice. 

*2* Where petitioner is located in Washington, D.C., send copy of Form I-171C to the IRS office in Baltimore. 

Appendix-1 

OI 214.2(h)(3) 

PROCEDURES FOR PROCESSING APPLICATIONS FOR CERTIFICATION OF TEMPORARY EMPLOYMENT IN 

NONAGRICULTURAL OCCUPATIONS IN THE UNITED STATES 

Directive: General Administration Letter 

No. 5-84 

To: All State Employment Security Agencies 

From: Royal S. Dellinger, Acting Assistant Secretary of Labor 

Subject: Procedures for Temporary Labor Certifications in the Entertainment Industry 

1. Purpose: To transmit subject procedure. 

2. Reference. 20 CFR Parts 621 and 655. 

3. Background On May 6, 1983, all regions were provided interim processing and recruitment procedures for 

temporary applications in the entertainment industry. The attached procedures replace those interim 

procedures. 

4. Action Required Administrators are requested to: 

a. Provide attached procedures to appropriate staff. 

b. Instruct staff to provide application forms and advise employers of procedures for filing temporary labor 

certification applications in the entertainment industry. 

5. Inquires. Direct questions to the appropriate regional office.


6. Attachments. 

a. Procedures for temporary labor certification in the entertainment industry. 

b. List of responsible regional and State Job Service Offices. 

c. Map of OSEs and areas covered. 

d. List of unions in the entertainment industry. 

Expiration date: December 31, 1984. 

Procedures for Temporary Labor Certifications in the Entertainment Industry 

I. Background. 

The Department has been addressing the issue of nonimmigrant aliens coming to the United States for 

temporary employment in the entertainment industry while high levels of unemployment among U.S. workers 

in the industry still persist. 

The following procedures completely centralize temporary labor certification authority in the entertainment 

industry in three regions; clarify processing requirements; and ensure uniformity among the responsible 

regions. 

II. Operating Guidelines 

A. Decision on application by employers seeking temporary admission of nonimmigrant aliens for temporary 

employment in entertainment occupations require special considerations, such as: 

1. An assessment of requirements of the role or the act to be performed. 

2. The need to keep the unity of a group or company and support personnel. 

3. The role of labor unions in this highly unionized field and their impact on employment opportunities. 

4. The willingness of available U.S. workers to fulfill the employer's prescribed itinerary. 

B. Based on factors, such as the need to develop expertise, the concentration of activities for requests for 

aliens in entertainment, and the proximity of sources that know about the availability of U.S. performers in 

various entertainment fields, regional certifying officers in New York City, Dallas, and San Francisco are 

designated as the appropriate officials for issuing determinations on applications for temporary employment 

of aliens in the entertainment industry. 

Published 49 FR 25837, June 25, 1984, 9GAL) No. 5-84 effective December 1, 1983, (GAL) No. 10-84 

effective April 23, 1984. 

C. Office of the State job services in New York City. Austin and Los Angeles are designated as Offices 

Specializing in Entertainment (OSEs). These offices shall receive temporary applications in the 

entertainment industry directly from employers within their jurisdiction for processing, Permanent applications 

in the entertainment industry, however, are processed by each State agency and the 30 regional offices. 

The jurisdictional breakdown is as follows (Also see attached map): 

Region OSE States served 

by 

New York.............New York City................Region I. 

Alien Employment Region II. 

Certification Office Region III. 

Region IV. 

Dallas.................Taxes Employment.........Region V. 

Commission 

Region VI. 

Austin Alien Labor Region VII. 

Certification Unit


San Francisco....Los Angeles Alien...........Region VIII. 

Region IX. 

Region X. 

D. Canadian musicians who enter the U.S. to perform within a 50-mile area adjacent to the Canadian border 

for a period 30 days or less are precertified and not subject to these procedures. 

E. Pub. L. 97-271 limits temporary employment of entertainers in the Virgin Islands to periods not to exceed 

45 days. Therefore, the period of labor certification for such applications may not exceed 45 days. 

F. Occupations in the entertainment industry shall include performers and all technical and support 

personnel involved with a performance. 

G. When a job offer contains requirements or conditions which preclude effective recruitment of U.S. 

workers i.e., there is no employer in the U.S., the OSE shall disregard recruitment procedures below and 

shall immediately send the application to the certifying officer for determination. 

III. Procedures 

A. Temporary Labor Certification Applications for Aliens in the entertainment industry shall be filed by 

employers with the OSE serving the area of intended employment (see map of OSE jurisdictions). Note: 

When the job opportunity requires the work to the performed in more than one OSE jurisdiction, the 

application should be filed with the OSE having jurisdiction over the area where the employment will begin. 

B. To allow for enough recruitment U.S. workers and to give OSEs and regional offices enough processing 

time, employers should be advised to file their applications at least 45 calendar days before the labor 

certification is needed. The department of Labor cannot assess a timely determination if the employees 

provides less time. 

C. When field, the temporary application should include: 

1. A completed ETA-750, Part A, the offer of employment portion of the application for Alien Employment 

Certification form signed by the employer. 

2. An itenerary of locations and duration of work in each location when there is more than one worksite. 

3. Documentation of the employer's efforts, if any, to recruit U.S. workers, and the results. 

D. The OSE shall review the application for completeness and determine the prevailing wage, guided by 

standards in regulations at 20 CFR Part 656.40. The wage survey should be done by telephone contact with 

union associations, or any other appropriate sources and the prevailing wage should be computed on a daily 

or weekly basis. 

E. The employer must specify a wage which meets or exceeds the daily or weekly rate and covers each day 

of the work week that the alien is in the United States for the duration of the employment regardless of hours 

worked. 

F. The employer shall advertise the job opportunity before or after filing the application in a national 

publication that is likely to bring responses from U.S. workers. The advertisement shall: 

1. Identify the employer's name, address, and the location of the employment, if other than the employer's 

location; 

2. Describe the job opportunity in detail. 

3. State the rate of pay, which shall not be below the prevailing wage for the occupation; 

4. Offer prevailing working conditions. 

5. State the employer's minimum job requirements; 

6. Offer wages, terms, and conditions of employment which are no less favorable than those offered to the 

alien.


G. The OSE shall write to the appropriate national union(s) (listing enclosed) for availability information and 

confirmation of the prevailing wage. The following procedures and conditions shall apply to union contacts: 

1. The letter to the union shall not identify the employer, but shall describe the type of establishment, the 

job duties, location and dates of employment, hours of work, wages, and working conditions. 

2. From the date the letter to the union is mailed, 10 working days should be allowed to receive a written 

response. If no response is received after 10 working days, the union should be contacted by telephone to 

verify if the request was received. If there is availability, 5 additional work days should be allowed for a 

written response before making a determination based on available information in the application file. 

3. Acceptable availability information from unions shall include names, addresses, and telephone numbers of 

U.S. workers who meet the employer's requirements for the job opportunity. 

4. If the union(s) provide names of qualified U.S. workers, the OSE shall refer the list to the employer for 

direct contact with the applicants. 

5. The name of the union, the union representative contacted, and the date of contact must be included on 

the transmittal form to the regional office for each application. 

H. The employer may be required to recruit through other sources which are appropriate for the occupation 

and customary in the industry, such as talent agencies, agents, and casting directors. 

1. A recruitment or information source which asserts the availability of qualified U.S. workers must provide 

specific information on the U.S. workers, including their names, addresses, and telephone numbers so that 

the employer may contact them. 

J. If the certifying officer finds that the employer has adequately recruited U.S. workers in the previous six 

weeks before filing the application, the prescribed recruitment through the OSE may be waived. The 

employer may make a written request for a waiver of recruitment through the OSE. The OSE will send the 

request along with the application to the certifying officer for evaluation. 

K. The employer must provide the OSE a copy of the advertisement showing the name of the publication and 

the dates published and written results of all recruitment which must: 

1. Identify each recruitment source by name; 

2. State the name, address, and telephone number of each U.S. worker who applied for the job; and 

3. Explain the lawful job-related reasons for not hiring each U.S. worker. 

L. When recruitment through all sources is completed, the OSE shall send the application, together with all 

pertinent information, to the appropriate regional certifying officer in New York, Dallas, or San Francisco. 

IV. Determinations 

A. The certifying office shall consider circumstances unique to the entertainment industry and determine 

whether to grant or to deny the temporary labor certification, or to issue a notice that the required 

determination cannot be made based on whether or not: 

1. U.S. workers are available for the temporary employment opportunity: 

a. The certifying officer, in judging if a U.S. worker is available for the temporary employment opportunity, 

shall determine from documented results of the employer and local office recruitment efforts if there are other 

appropriate sources of workers, where the employer should have recruited or may recruit U.S. workers. If 

further recruitment is required, the application should be returned to the OSE with specific instructions for the 

additional recruitment. 

b. To determine if a U.S. worker is available, the certifying officer shall consider U.S. workers living or 

working in the area of intended employment, and may also consider U.S. workers who are willing to move 

from elsewhere to take the job at their own expense or at the employer's expense f the prevailing practice 

among employers who employ workers in the occupation is to pay such relocation expenses. 

c. To determine if U.S. workers are available for job opportunities that will be performed in more than one 

location, workers must be available in each location on dates specified by the employer.


2. The employment of the alien will adversely affect wages and working conditions of U.S. workers similarly 

employed. To determine this, the certifying officer shall consider such things as labor market information, 

special circumstances of the industry, organization, and/or occupation, the prevailing wage rate for the 

occupation in the area of intended employment, an prevailing working conditions, such as hours in the 

occupation. 

3. The job opportunity contains requirements or condition of U.S. workers or which otherwise prevent their 

effective recruitment e.g., there is no employer in the U.S. Such applications shall be denied on the basis 

that U.S. workers are generally available for employment in the entertainment industry and it was not shown 

that the employer made reasonable efforts to obtain U.S. workers for the job. Under these circumstances, 

the Department must assume that U.S. workers are available. 

B. Dates on the temporary labor certificating shall be the beginning and ending dates of the actual 

employment not to exceed 12 months, and the date certification was granted. The beginning date of certified 

employment may not be earlier than the date certification was granted. 

C. A denial of certification or a notice that certification cannot be made shall not be reviewed by the 

Department of Labor, but may be appealed to the Immigration and Naturalization Service (INS). The 

petitioner may attach the decision to the nonimmigrant visa petition and present countervailing evidence that 

qualified persons in the United States are not available and that the employment policies of the Department 

of Labor were observed. The INS will consider all such evidence in adjudicating the petition. 

Unions With Substantial Membership in the Arts, Entertainment and Media Industry 

Actors Equity Association 

Alan Eisenberg, Executive Secretary, 165 

West 46th Street, New York, New York 110036, 

PH: (212) 869-8530 

Approx. Membership: 30,000 

Performers (other than musicians), stagemanagers, assistant stagemanagers employed in the "live" dramatic 

and musical theater. 

American Federation of Musicians 

Victor Fuentealba, President, 1500 

Broadway, New York, New York 10036, 

PH: (212) 869-1330 


Musicians, conductors, music librarians, arrangers, copyists, singers (night club and cabarets). 

American Federation of Television and Radio Artists 

Sanford I. Wolff, Executive Secretary, 1350 

Avenue of the Americas, New York, New York 10019, 

PH: (212) 265-700 


Performers other than musicians who are employed by the broadcasting, cable and/or recorded media 

including disc and videoaudio tapes. 

American Guild of Musical Artists 

Gene Boucher, Executive Secretary, 1841 

Broadway, New York, New York 10023, 

PH: (212) 265-3687


Approx.. Membership: 5,000 

All performers (except musicians), stage managers and choreographers employed in opera, ballet and dance, 

also, concert (solo) artists including musicians. 

American Guild of Variety Artists 

Alan Jan Nelson, Executive President, 

Vincent Griesi, Asst. to the President, 

Comptroller, 184 Fifth Avenue, New York, New York 10010, 

PH: (212) 675-1003 


Performers (except musicians) in ice shows and circuses and performing in hotels and cabarets as part of a 

variety show. 

Association of Theatrical Press Agents and Managers 

Dick Weaver, Secretary-Treasurer, 165 

West 46th Street, #1200, New York, New York 10036, 

PH: (212) 719-3666 

Approx. Membership: 600 

Theatre and concert hall managers, company managers and press agents. 

Director's Guild of America 

Michael Franklin, Executive Secretary, 

7950 Sunset Blvd., Hollywood, California 90046, 

PH: (213) 656-1220 (212) 51=0370 (New York Office) 


In film, directors, production managers, and first and second assistant directors. In tape, directors, 

associate directors, stage managers, and production assistants. 

Hebrew Actors Union 

Jack Rechtzeit, President, 31 E 7th Street, 

New York, New York 10003, PH: (212) 674-1923 


Performers (except musicians) who are engaged in the field of Hebrew or Yiddish language theatre. 

International Alliance of Theatrical State Employees and Moving Picture Machine Operators of the United 

States and Canada 

Walter F- Diehl, President, 

1515 Broadway, New York, New York 10036, 

PH: (212) 730-1770 


All craft and technical occupations associated with motion picture production, television broadcasting, sound 

and video recording cable, legitimate theatre and audio visual materials.


International Brotherhood of Electrical Workers 

Jack Kain, Director, Broadcasting & Recording Dept., 1125 15th Street, NW., Washington. D.C. 20005, PH: 

(202) 833-7000 

Approx Membership: 1,041, 408 

Technical and craft personnel employed in broadcasting, television, cable operations, sound and video 

recording, and program production. 

Italian Actors Union 

Sal Carollo, Executive Secretary, 1540 Broadway, New York, New York 10036, PH: (212) 765-0600 


Performers (except musicians) who are engaged in the field of Italian language theater. 

National Association of Broadcast Employees and Technicians 

Edward Lynch, President, 7101 Wisconsin Avenue, N.W., Bethesda, Maryland 20614, PH: (301) 657-8420 


Technical and craft personnel employed in broadcasting, telecasting, recording, filming and allied industries. 

Screen Actors Guild 

Ken Orsatti, National Executive Secretary, 7750 Sunset Blvd., Hollywood, California 90046, PH: (213) 

876-3030 


Performers (other than musicians) employed in the production of motion pictures, television, videotape or 

video disc. 

Screen Extras Guild 

Leonard Chassman, National Executive Secretary, 3629 Chauenga Blvd., West, Hollywood, California 90029, 

PH: (213) 851-4301 


Performers (except musicians) employed in the production of motion pictures, television, videotape or video 

disc as "extras"(non-speaking). 

Society of Stage Directors and Choreographers 

A Harrison Cramer, Executive Secretary, 1501 Broadway, New York, New York 10036, PH: (212) 391-1070 


Directors and Choreographers in the professional theatre. 

United Scenic Artists 

John VanEyck, Bus. Rep., 1540 Broadway, New York, New York 10036, PH: (212) 575-5120 


Professional scenic designers, scenic artists, costume and lighting designers, diarama and display workers, 

and mural artists employed by television, theatre, commercial producers, and motion picture studios. 

Writers Guild of America, West Naomi Gurian, Exec. Director, 8955 Beveriy Blvd., Los Angeles, California 

90048, PH: (213) 550-1000



Writers in the fields of motion pictures, television, and radio in areas west of the Mississippi. 

Writers Guild, East 

Leonard Wasser, Exec. Dir., 55 West 5th Street, New York, New York 10019, PH: (212) 245-6180 

Approx: Membership: 2,400 

Writers in the field of motion picture, television and radio in areas east of the Mississippi. 

Dated: April 23, 1984. 

Directive: General Administration Le No. 10-84 

To: All State Employment Security Agencies 

From: Bert Lewis, Administrator for Regional Management 

Subject: Procedures for Temporary Labor Certifications in Nonagricultural Occupations 

1. Purpose. To transmit procedures processing temporary labor certificate applications in nonagricultural 

occupations. 

2. References. 20 CFR Parts 621, 652 and 655. 

3. Background. The attached procedures are designed to clarify processing requirements and to achieve 

uniform processing for applications under 20 CFR Part 621. They help to fill in the broad outline in those 

regulations and to direct agency staff to appropriate labor certification and Job Service policies. 

4. Action Required. Administrators are requested to: 

a. Provide attached procedures to appropriate staff. 

b. Instruct staff to follow these procedures in processing temporary labor certification requests in 

nonagricultural occupations except those in the entertainment industry and professional team sports. 

c. Advise staff that attached procedures remain in effect after the expiration of this transmittal 

memorandum. 

5. Inquiries. Direct questions to the appropriate regional office. 

6. Attachments 

a. Procedures for temporary labor certifications in nonagricultural occupations. 

b. Final determination form, ETA 7145T 

Rescission: GAL 23-82 

Expiration date: April 30, 1985. 

Procedures for Temporary Labor Certifications in Nonagricultural Occupations 

1. Background 

The regulations at 20 CFR Part 621 govern the labor certification process for the temporary employment of 

nonimmigrant aliens in the United States in occupations other than in agriculture and logging. Occupations 

on Guam are treated separately under other regulations. The policies in Part 655-Labor Certification Process 

for the Temporary Employment of Aliens in the United States, and Part 652-Establishment and Functioning of 

State Employment Services are followed in processing and making determinations on temporary 

nonagricultural applications.


This document replaces all previous instructions and outlines general processing standards for temporary 

nonagricultural applications, except for professional athletes in team sports and employment in the 

entertainment industry. 

Professional sports applications are processed by the National Office according to policies and procedures 

which evolved from negotiations with the INS, major and minor leagues, player organizations, and exports in 

the industry. Procedures for temporary applications in the entertainment industry are included in General 

Administration Letter No. 5-84. 

II. Guidelines for Determining the Temporary or Permanent Nature of a Job Offer 

To determine an alien;s eligibility for admission on an H-2 visa, INS requires a Department of Labor 

certification based on adverse effect as well as availability before they rule on the temporary or permanent 

nature of the employment. 

Because the availability test of U.S. workers in a given occupation can very considerably depending on 

whether a job is permanent or temporary, the Department of Labor must consider whether in its judgment the 

job offered to an alien is, in fact, temporary or not. The guidelines below will help staff make this judgment: 

A. Tests for determining the temporary or permanent nature of the employment are related to the job and job 

duties to be performed-not the person who will perform the duties; in other words, whether specific duties 

which the alien(s) will perform are need for a temporary period or on a continuing basis-regardless of who will 

perform them. 

The work must be above and beyond the employer's normal level of operation and not expected to become a 

part of the employer's future operations. staff can consider the employer's "peakload" requirements, when 

temporary additions to permanent staff in an occupation are required due to seasonal or short-term demand, 

e.g., in resort establishments. 

B. Answers to the following questions will help to determine the temporary or permanent nature of the job 

offered the alien(s): 

1. Is the job included in the employer's regular business operations? If yes, are duties to be performed 

significantly different from the normal or regular operation? Is the equipment similar? Is the work of the same 

general skill and knowledge level? 

2. Is the period for which the alien is requested reasonable in terms of the job to be done? 

3. Are the number of aliens requested reasonable in terms of the job to be done and the time requested? 

Sometimes employers give "ball park" estimates which can be made more precise to avoid situations which 

would lead to less than full-time employment for U.S. workers and aliens alike. 

4. Is this a request for an extension or does the employer often or repeatedly request temporary aliens? If 

yes, refer to item F. 

5. Is there another way that the employer might reasonably be expected to meet his/her needs? 

C. Temporary employment should not be confused with part-time employment which does not qualify for 

temporary labor certification. Part-time employment which does not qualify for temporary labor certification. 

Part-time concerns work hours, days, and weeks less than those normal for the occupation in the 

employment area. 

D. INS has the ultimate authority to reject the Department of Labor's advice on temporary alien employment. 

However, if the Department of Labor is convinced that a job is not temporary and INS plans to or does admit 

the aliens as nonimmigrants, DOL will still not issue a certification. 

E. If the Department of Labor learns that an employer for whom a permanent certification was issued, also 

applies for a temporary certification for the same job (generally because of visa problems), a notice should 

be issued to the employer that certification cannot be made and an appropriate explanation of the reasons. 

F. Some employers request extensions, sometimes several, for jobs represented as temporary. Others 

repeatedly request approval to bring temporary workers. In such cases, State agencies and regional offices 

will assure that the employer is not evading its responsibility to obtain an adequate domestic work force: 

or-as stated earlier-an effort to substitute nonimmigrants when visa quotas cause delays in admitting


immigrants. To help staff decide, they should consider the following. 

1. Were previous extensions granted, and if so does the period covered exceed reasonable grounds for 

temporary work? 

2. What reason does the employer give for incorrect time estimate(s)? 

3. Has the availability picture or the prevailing wage changed? 

4. Depending on the skill level and training time for the the occupation and the industry practice on training, 

is it possible to train available workers? 

5. If it is a higher skilled job, what, consistent with industry practice, is being done to upgrade current 

employees lower skilled workers and fill in behind them from the local work force? 

6. What, consistent with industry practice, is being done to cross-train the present work force to handle 

peak demands? 

7. If an apprenticable trade is involved, does the employer have, consistent with industry practice, the 

accepted ratio of apprentices to journeymen? 

G. Repeated applications from the same employer should be subject to very close scrutiny and satisfactory 

answers to the same type of questioning as listed above. Also, the employer should be asked to document 

or explain in writing what is being done to overcome reliance on alien workers before a new certification is 

issued. 

H. If a job for which a temporary alien worker is sought is not truly temporary in nature, decline to issue a 

certification even though U.S. workers are not available and wages being offered are prevailing. 

III. Filing Instructions 

A. An employer who wants to use foreign workers for temporary employment must file a temporary labor 

certification application (OMB Approval No. 1205-0015) with a local office of the State job service. 

B. Every temporary application should include: 

1. ETA 750, Part A, the offer of employment portion of the Application for Alien Employment Certification 

form signed by the employer. Note: Part B, Statement of Qualifications of Alien is not required. 

2. Documentation clearly showing the employer's efforts to recruit U.S. workers. 

3. A statement explaining why the job opportunity cannot be performed by a permanent worker on a 

continuing basis. 

C. To allow for enough recruitment of U.S. workers and enough processing time by State and regional 

offices, the local office shall advise employers to file requests for temporary labor certification at least 45 

days before the labor certification is needed in order to receive a timely determination. 

D. Unless the Certifying Officer specifies otherwise, the local office should return to employers' requests for 

temporary labor certification filed more than 120 days before the worker is needed and advise them to refile 

the application no more than 120 days before the worker is needed. This is necessary since the supply and 

availability of temporary U.S. workers change over short periods of time and an adequate test of the labor 

market cannot be made for a longer period. 

E. More than one alien may be requested on an application if they are to do the same type of services in the 

same occupation, in the same area of employment during the same period. However, the number requested 

may not exceed the actual number of job openings. 

F. If the employer's agent files the application, the employer must sign the statement on the Application for 

Alien Employment Certification which authorizes the agent to act on the employer's behalf. The employer is 

fully responsible for the accuracy of all representations made by the agent on the employer's behalf. An 

attorney must file a Notice of Appearance (Form G-28) naming the attorney's client(s). 

G. Requests for temporary labor certification may be filed for employment up to, but not exceeding 12


months. If the original intended duration of the temporary employment requires nonimmigrant aliens for a 

finite period not exceeding 3 years, or if unforeseen circumstances require an extension of an approved 

certification, a new application must be submitted each period beyond 1 year. This allows the Department of 

Labor to make a current determination of the availability of and adverse effect on U.S. workers. The period 

(including extensions) for which a particular job may be certified for temporary alien(s) employment may not 

exceed 3 consecutive years except for recurring peakload or seasonal employment. 

H. When the job opportunity requires the work to be done in more than one area of employment, the 

application must include the itinerary or locations and duration of work in each location. Such applications 

will be filed with the local State Job Service office having jurisdiction over the area where the employment will 

begin. 

IV. State Job Service Processing 

A. Upon receiving a request for temporary labor certification, the local office shall review the job offer for 

completeness. A job offer containing a wage below the prevailing wage for such employment in the local area 

is inappropriate, and would adversely affect the wages of similarly employed U.S. workers. The local office 

shall determine the prevailing wage, guided by the regulations at 20 CFR 656.40. 

B. If qualified U.S. workers are registered with the local office, a job order should be prepared, using the 

information on the application and placed into the regular ES system for 10 days. During this period, the 

local office should refer qualified applicants who walk-in and those in its active files. 

C. The employer shall advertise the job opportunity, before or after filing the application, in a newspaper of 

general circulation for 3 consecutive days or in a professional, trade, or ethnic publication, whichever is most 

appropriate for the occupation and most likely to bring responses from U.S. workers. The advertisement 

shall: 

1. Identify the employer's name, address, and location of the employment (expect ads for aerospace 

engineers which shall be placed over the name of the local Job Service office) if other than the employer's 

location: 

2. Describe the job opportunity with particularity: 

3. State the rate of pay, which shall not be below the prevailing wage for the occupation: 

4. Offer prevailing working conditions: 

5. State the employer's minimum job requirements: 

6. Offer wages, terms and conditions of employment which are not less favorable than those offered to the 

alien. 

D. The employer shall document that unions and other recruitment sources, appropriate for the occupation 

and customary in the industry, were unable to refer qualified U.S. workers. 

E. The employer must provide the local office a copy of the publication and the dates published and written 

results of all recruitment which must: 

1. Identify each recruitment source by name: 

2. State the name, address, and telephone number and provide resumes (if submitted to the employer) of 

each U.S. worker who applied for the job: and 

3. Explain the lawful job-related reasons for not hiring each U.S. worker. 

F. After the recruitment period, the local office shall send the application, results of recruitment, prevailing 

wage findings, and other appropriate information to the State office for additional data and comments and 

transmission to the regional office. 

V. Temporary Labor Certification Determinations 

A. The certifying officer shall determine whether to grant or to deny the temporary labor certification, or to 

issue a notice that the required determination cannot be made based on whether or not:


1. U.S. Workers are available for the temporary employment opportunity: 

a. The certifying officer, in judging if a U.S. worker is available for the temporary employment opportunity, 

shall determine from documented results of the employer and local officer recruitment efforts if there are 

other appropriate sources of workers, where the employer shall have recruited or may recruit U.S. workers. 

If further recruitment is required, the application should be returned to the State Job Service Office with 

specific instructions for the additional recruitment. 

b. To determine if a U.S. worker is available, the certifying officer shall consider U.S. workers living or 

working in the area of intended employment, and may also consider U.S. workers who are willing to move 

from elsewhere to take the job at their own expense, or at the employer's expense, if the prevailing practice 

among employers who employ workers in the occupation is to pay such relocation expenses. 

c. The certifying officer shall consider a U.S. worker able and qualified for the job opportunity if the worker, 

by education, training experience, or a combination thereof, can perform the duties involved in the 

occupation as customarily performed by other U.S. workers similarly employed and is workers similarly 

employed and is willing to accept the specific job opportunity. 

d. To determine if U.S. workers are available for job opportunities that will be performed in more than one 

location, workers must be available in each location on dates specified by the employer. 

2. The employment of the alien will adversely affect wages and working conditions of U.S. workers similarly 

employed. To determine this, the certifying officer shall consider such things as labor market information, 

special circumstances of the industry, organization, and/or occupation, the prevailing wage rate for the 

occupation in the area of intended employment and prevailing working conditions, such as hours in the 

occupation. 

3. The job opportunity contains requirement on conditions which preclude consideration of U.S. workers or 

which otherwise prevent their effective recruitment, such as: 

a. The employment opportunity is represented as temporary and the Department of Labor believes it can and 

should be offered to U.S. workers on a permanent basis. 

b. The job opportunity is vacant because the former occupant is on strike or locked out in the course of a 

labor dispute involving a work stoppage or the job is at issue in a labor dispute involving a work stoppage. 

c. The job opportunity's terms, conditions, and/or occupational environment are contrary to Federal, State or 

local law. 

d. The employer has no location within the United States to which U.S. workers can be referred and hired for 

employment. 

e. The employer will not pay a wage or salary for the job to be performed. 

f. The job's requirements are unduly restrictive. 

g. The employer refuses to recruit U.S. workers according to DOL policies and procedures. 

Such applications shall be denied on the basis that U.S. workers may be available for employment in the 

occupation and it was not shown that the employer made reasonable efforts to obtain U.S. workers for the 

job. 

B. A temporary labor certification may be issued for the duration of the temporary employment opportunity, 

not to exceed twelve (12) months. If the temporary job opportunity extends beyond 12 months, the employer 

must file a new application; however, temporary certifications may not be granted for the same job 

opportunity for a total period (including extensions) of more than 3 years, except in applications for recurring 

seasonal employment. 

C. Dates on the temporary labor certification shall be the beginning and ending dates of certified employment 

and the date certification was granted. The beginning date of certified employment may not be earlier than 

the date certification was granted 

VI. Document Transmittal 

A. After making a temporary labor certification determination, the certifying officer shall notify the employer,


in writing, of the determination. 

B. If the labor certification is granted, the certifying officer shall send the certified application containing the 

official temporary labor certification stamp, supporting documents, and completed Temporary Determination 

Form to the employer or, if appropriate, the employer's agent or attorney. The Temporary Determination Form 

shall indicate that the employer should submit all documents together with the employer's petition to the 

appropriate INS office. 

C. If the labor certification is denied or a notice is issued that certification cannot be made, the certifying 

officer shall return one copy of the Application for Alien Employment Certification form, supporting 

documents, and completed Temporary Determination Form to the employer's agent or attorney. The 

Temporary Determination Form shall indicate specific bases on which the decision was made not to issue a 

temporary labor certification, and shall advise the employer of the right to appeal to the INS. 

VII. Appeal of a Denial or Notice That a Certification Cannot Be Made 

A. The granting or denial of a temporary labor certification by the certifying officer, or a finding that a 

certification cannot be made, is the final decision of the Secretary of labor. Administrative appeal is made to 

INS as set forth below. 

B. Under the Act and regulations of the Immigration and Naturalization Service, the Department of Labor's 

role is only advisory. The Attorney General has the sole authority for the final approval or denial of a petition 

for temporary alien employment. The employer can submit countervailing evidence to the Immigration and 

Naturalization Service, according to 8 CFR 214.2(h)(3)(i), that qualified persons in the United States are not 

available, that wages and working conditions of U.S. workers will not be adversely affected, and that the 

Department of Labor's employment policies were observed. 

VIII. Validity of Temporary Labor Certifications 

A. A temporary labor certification is valid only for the number of alien workers, the occupation, the area of 

employment, the specific activity, the period of time, and the employer specified in the certification. 

B. A temporary labor certification is limited to one employer's specific job opportunity; it may not be 

transferred from one employer to another. 

IX. Applications Requiring Special Processing 

A. Aerospace Engineers 

1. Take a job order on all aerospace engineer certification requests. 

2. Ensure that the employer advertises in a newspaper or appropriate engineering publication. 

Advertisements shall describe wages, terms, and conditions of employment, and shall not identify the 

employer, but shall direct applicants to send resumes to the local Job Service for referral to the employer. 

Results of ads must be documented. Advertising copy should indicate the same wages, education, working 

conditions, and location of work as th in the application for alien employment and on the order taken by the 

local office. 

3. Require employers to offer laid-off engineers reemployment before applying for labor certification. 

4. Ensure that all ETA 750, Part A from contract engineering firms identify the user aerospace company and 

specific where the alien will work. 

Certification requests for temporary engineer jobs from contract engineering firms may be accepted without 

aliens' names. The application, however, must be accompanied by a letter from the user aerospace 

company. The letter wi authorize a request for unnamed alien, state the number and type of employees 

required, and specify where the alien will work. 

5. Ensure that a copy of the contract for negotiation with alien accompanies all contract engineering firm 

certification requests. 

6. Place into interstate clearance all alien certification job orders for aerospace engineers and related 

occupations. 

Use procedures for placing alien certification job orders in nonagricultural interstate clearance.


7. Process the application according to Parts II, III and IV of these procedures, as appropriate. 

B. Construction Workers 

1. General. 

a. Unions representing construction workers in the same or substantially equivalent job classification as 

those for which labor certification is requested shall be contacted to determine availability of U.S. workers 

when local offices receive requests for 10 or more workers in the same occupation for the same employer at 

any one time or within a 6-month period. 

The Human Resources Development Institute [HRDI] is the employment and training arm of the AFL-CIO; it 

serves as a centralized liaison between the Department of Labor and individual unions in providing labor 

market information in skilled trades in order to make an informed labor certification determination. 

2. Procedures. 

a. The local office should process the application according to Part II, III and IV of these procedures. 

b. The local office shall advise the employer to obtain, from the union local, a letter describing the 

availability of qualified U.S. workers for the position offered to aliens. 

c. Before making a determination, certifying officers should contact, in writing the Executive Director, Human 

Resources Development, 815 16th Street, NW., Washington, D.C. 20006, and send the following information 

for each application: 

(1) Name and address of company requesting certification; 

(2) Location of work site; 

(3) Local number and name of the union, if known; 

(4) Dates of any prior certifications requested by company; 

(5) Total number of aliens requested; 

(6) Duration of employment of aliens; 

(7) Job classification, special qualifications and wage offered; 

(8) Assistance offered to aliens (subsistence, housing, other); and 

(9) Reasons for requesting alien labor. 

If HRDI knows of available U.S. workers, they will provide this information to the certifying officer along with 

the name of the appropriate local for the employer to contact. If no response is received within three weeks 

of the request, a determination will be made on information in the file. 

C. Machinists and Aerospace Workers 

1. The local office should process the application according to Parts II, III and IV of these procedures. 

2. Before making a determination, the certifying officer should send to the Executive Director of the 

International Association of Machinists and Aerospace Workers, Machinists Building, Room 911, 1200 

Connecticut Avenue, NW., Washington, D.C. 20036, the following information for each application: 

a. Name and address of company requesting certification; 

b. Location of work site; 

c. Local number of IAM union, if known; 

d. Total number of aliens requested;


e. Duration of employment of alien; 

f. Job classification, including information on wages and special qualifications; 

g. Assistance offered to aliens [subsistence, housing, other]; and 

h. Reason for requesting alien labor. 

If the IAM knows of qualified U.S. workers, available for the position, they will give the certifying officer the 

name of the appropriate local for the employer to contact. If the IAM does not respond within 3 weeks, a 

determination should be made from the information provided by the local office. 

U.S. DEPARTMENT OF LABOR 

Employment and Training Administration 

Final Determination 

No. of Aliens and Occupation_________________________ 

________________________________________________ 

Period of Certification 

From: ___________________________________________ 

To: _____________________________________________ 

The Department of Labor has made a determination on your temporary application for alien employment 

certification pursuant to Title 20, Code of Federal Regulations, Part 621. Final action has been taken as 

follows: 

1. Form ETA 750 has been certified and is enclosed with the supporting documents. All enclosures should 

be submitted to the Immigration and Naturalization Service District Office for consideration with your petition 

[Form I-129B]. 

2. Form ETA 750 has not been certified and is being returned. A certification cannot be issued as required 

by Immigration and Naturalization Service regulations at 8 CFR 214.2(h)(3)(i) on the basis of information 

available for the following reasons [See details below]: 

a. There are qualified U.S. workers who are available for the job. 

b. The employment of aliens would have an adverse effect on wages and/or working conditions of U.S. 

workers similarly employed. 

c. A certification cannot be made under Department of Labor policies and procedures. 

Details: 

Certifying Officer 

cc: State ES Agency 

A denial of certification or a notice that certification cannot be made is not reviewable by the Department of 

Labor, bur may be appealed to the Immigration and Naturalization Service (INS). The petitioner may attach 

the decision to the nonimmigrant visa petition and present countervailing evidence that qualified persons in 

the United States are not available and that the employment policies of the Department of Labor have been 

observed. The INS will consider all such evidence in adjudicating the petition. 

TEMPORARY LABOR CERTIFICATION APPLICATIONS 

IN THE ENTERTAINMENT INDUSTRY 

----------------------------------------------------------------------------------------------- 

Regional Offices that | Offices Specializing in | States Served 

make determinations | entertainment (OSE) |


---------------------- |----------------------------- |------------------------------ 

Bette Roy, Certifying | Joanne Palmairi, Super | Connecticut, Maine, Ma- 

Officer, Labor Certif- | visor, Alien Employment | ssachusetts, Rhode 

ication Unit, Employ- | Certification Office, N.Y.| Island, Vermont, Alament 

and Training | State Department of La- | bama, Florida, Georgia, 

Administration, 1515 | bor,2 World Trade Center | Kentucky, New York, New 

Broadway, New York, | Rm. 51-75, New York, | Jersey, Puerto Rico, Vir- 

New York 10038, Tel: | York 10047, Tel: (212) | gin Islands, South Caro- 

(FTS)285-3265, (212) | 480-2394. | lina, Tennessee, Mississ- 

944-3285 (outside). | | ippi, North Carolina, Dela- 

| | ware, District of Columbia, 

| | Maryland, Pennsylvania, 

| | Virginia, West Virginia. 

| | 

Max Loveland, Certify- | Richard Hatton, Supervi | Illinois, Indiana, Michigan, 

ing Officer, U.S. Dep- | sor, Alien Labor Certifica| Minnesota, Ohio, Wisconsin, 

artment of Labor, ETA | tion Unit, Texas Employ | Arkansas, Louisiana, New Mex 

555 Griffin Square | ment Commission, TEC | ico, Oklahoma, Texas, Iowa, 

Building, Griffin and | Building, Austin, Texas | Kansas, Missouri, Nebraska. 

Young Streets, Dallas | 78776, Tel: (512) 397 | 

Texas 75202, Tel: | 4814 | 

(FTS) 729-4975,(214) | | 

767-4975 (outside). | | 

| | 

Certifying Officer, | Manager, Los Angeles | Colorado, Montana, North Dakota 

Labor Certification | Alien Certification Office, | South Dakota, Utah, Wyoming, Ari- 

Unit, Employment & | California Employment | zona, California, Guam, Hawaii, 

Training Administra- | Development Dept. | Nevada, Alaska, Idaho, Oregon 

tion, 450 Golden Gate | 158 West 14th Street, | Washington. 

Avenue, San Francis- | Los Angeles, CA 90015 | 

co, California 94102, | Tel: (213) 744-2105, 744| 

Tel: (FTS) 556-5994, | 2065 | 

(415) 556-5994 | | 

(outside) | | 

---------------------------------------------------------------------------------------------- 

APPENDIX 2 

OI ADMINISTRATIVE POLICY FOR TEMPORARY ALIEN EMPLOYMENT CERTIFICATION ON GUAM 

OI 214.2(h)(2) 

I. Purpose. To establish operating policies and procedures for implementing the Governor's authority to 

make determinations on temporary labor certification applications for the Territory of Guam. 

II. Authority. Immigration and Naturalization Service regulations at 8 CFR 214.2(h)(3)(ii) vest the Governor 

of Guam, or the Governor's designated representative within the Territorial Government, with authority to 

issue temporary labor certifications of Guam Pursuant to section 101(a)(15)(H)(ii) of the Immigration and 

Nationality Act. 8 U.S.C. 1101(a)(15)(H)(ii). 

Every petitioner must attach to every nonimmigrant visa petition to classify an alien under section 101 

(a)(15)(H)(ii) of the Act for employment on Guam either a certification from the Governor of Guam, or the 

Governor's designated representative within the Territorial Government, stating that qualified residents in the 

United States are not available to perform the required services and that the employment of a nonimmigrant 

alien will not adversely affect the wages and working conditions of United States resident workers who are 

similarly employed on Guam, or a notice detailing the reasons why the required certification cannot be made. 

Appendix - 2 

III. Definitions of Terms 

A. "Application" means an Application for Alien Employment Certification, Form GDOL 750 and any other


documents submitted by an employer (or his/her attorney or agent) in applying for a temporary labor 

certification under this Administrative Policy. 

B. "Apprentice" means a United States citizen or a lawful resident alien who learns a craft through planned, 

supervised on-the-job training in conjunction with planned related technical instruction and is covered by a 

written agreement registered with the Guam Community College and United States Department of Labor, 

Bureau of Apprenticeship and Training. 

C. "Contractor" means one who contracts on predetermined terms to provide labor and materials and to be 

responsible for construction jobs in accordance with plans and specifications. 

D. "Department of Labor" refers to the Government of Guam, Department of Labor. 

E. "Employer" means a person, firm, corporation or other organization which currently has a location within 

the Territory of Guam to which United States workers may referred for employment, or the authorized 

representative of such a person, firm or corporation. Such entities must be duly licensed to conduct 

business on Guam. 

F. "Guam Community College (GCC)" means an agency under Government of Guam responsible for the 

administration of the Apprenticeship Training Program (ATP) registered with the United States Department of 

Labor, Bureau of Apprenticeship and Training and other vocational training for the Territory of Guam. 

G. "Guam Employment Service" means an agency of the Guam Department of Labor which serves the 

Territory of Guam by providing placement and other services of the job service system. 

H. "Job Order" describes Form GES 514 which is required to test the availability of United States workers 

through the employment service system. 

I. "Job Opportunity" means a full-time opening for employment on Guam to which United States workers can 

be referred. 

J. "Nonimmigrant Alien Temporary Worker" means an alien having residence in a foreign country which he 

has no intention of abandoning, who is coming temporarily to the United States to perform temporary services 

or labor if an unemployed person capable of performing such services or labor cannot be found in this 

country. 

K. "Part-time employment" means a job requiring hours or days of work less than those normal or prevailing 

for the occupation in the area of intended employment, e.g., less than seven hours a day or 35 hours a 

week. 

L. "Similarly employed" means employed in an occupation which requires the same or similar level of 

education, training, and experience as the occupation for which certification is requested. 

M. "Temporary employment" means a job which is limited to a definite period of time with an end relatively 

well fixed in time by some identified, definite event or change. It does not relate to the individual who will 

perform the duties or to a job that is permanent in nature. 

N. "Temporary Labor Certification" means the determination by the Governor of Guam or the designated 

representative within the Territorial Government that (1) there are not sufficient United States workers who 

are qualified and available to perform the work and (2) the employment of the alien will not adversely affect 

the wages and working conditions of similarly employed United States workers on Guam. 

O. "United States" means the continental United States, Alaska, Hawaii, Puerto Rico, Guam, and the Virgin 

Islands of the United States. 

P. "United States worker" means any worker who, whether United States citizen, national, or alien, is legally 

permitted to work permanently within the United States. 

IV. Operating Guidelines 

A. Requests for temporary labor certification may be filed for employment up to, but not exceeding 12 

months. If the original intended duration of the temporary employment requires nonimmigrant aliens for a 

finite period not exceeding three years, or if unforeseen circumstances required an extension of an approved 

certification, a new application must be submitted for each period beyond one year. Requests for extensions


will be processed in the same manner as new applications. 

B. More than one alien may be requested on an application if they are to do the same type of services in the 

same occupation, in the same area of employment during the same period. However, the number requested 

may not exceed the actual number of job openings. 

C. Part-time employment is inappropriate for temporary labor certification. 

D. A temporary labor certification is valid only for the number of alien workers, the occupation, the area of 

employment, the specific activity, the period of time, and the employer specified in the certification. 

E. A temporary labor certification is limited to one employer's specific job opportunity; it may not be 

transferred from one employer to another. A nonimmigrant alien may transfer to another employer only if the 

new employer obtains a labor certification and an approved petition from the Immigration and Naturalization 

service. 

V. Employer Assurances 

A. During the period for which the temporary labor certification is granted, the employer will comply with the 

Administrative Policy, applicable Federal and local laws and regulations. 

B. The job opening(s) actually exist and that no qualified United States workers will be displaced as a result 

of the application for alien employment certification. 

C. Reasonable efforts have been and will continue to be made by the employer to obtain United States 

workers at prevailing wages and working conditions no less favorable than those offered to aliens. 

D. The job offer is open to all qualified United States workers without regard to race, color, creed, national 

origin, age, sex, citizenship, and to United States workers with handicaps who are qualified, willing able, and 

available to perform the job and will not reject any qualified United States workers on the ground that the 

employer's supervisory personnel speak a language other than English. 

E. The wages, which must be at least equal to the prevailing wage rate for that occupation, and working 

conditions which will be offered and afforded by the employer to any foreign worker will be identical to those 

offered and afforded to United States workers. 

F. The job opportunity is not: 

1) Vacant because the former occupant is on strike or is being locked out in the course of a labor dispute, or 

2) At issue in a labor dispute. 

G. If the employer provides housing for his employees, it shall be optional on the part of the worker and 

comply with all applicable Federal and local laws and regulations including building permits, zoning, and other 

safety and health requirements. 

H. The employer shall charge workers no more than actual costs for meals and lodging. This amount should 

not exceed $80.00 per week, and any excess cost thereof must be supported by proper documentation. 

I. The employer will provide each worker with a copy of the worker's employment contract in English, and, if 

the worker is not literate in English, the contract provided shall be language in which the worker is literate, 

and a copy shall be made available to the Guam Department of Labor. 

J. Benefits, terms, and conditions of employment offered to alien workers, e.g., costs of transportation, 

bonuses, and insurance shall be offered to United States workers who apply for the job opportunity. 

K. All other factors being equal, where there is a reduction in force, the employer agrees to terminate the 

alien nonimmigrant workers first in those job classifications in which are United States workers. 

L. It is contrary to the best interests of United States workers to have the alien, and/or agents or attorneys 

for the alien, participate in interviewing or considering United States workers for the job offered the alien. As 

the beneficiary of a labor certification applications the alien cannot represent the best interest of United 

States workers in the job opportunity. The alien's agent and/or attorney cannot represent the alien 

effectively and at the same time truly be seeking United States workers for the job opportunity. Therefore,


the alien and/or the alien's agent and/or attorney may not interview or consider United States workers for the 

job offered to the alien. 

M. The employer's representative who interviews or considers United States workers for the job offered to 

the alien shall be the person who normally interviews or considers, on behalf of the employer, applicants for 

job opportunities. 

N. No person under suspension or disbarment from practice before the United Stated Department of 

Justice's Board of Immigration Appeals pursuant to 8 CFR 292.3 shall be permitted to act as an agent or 

attorney for an employer under the Part. 

VI. Processing Procedures 

A. To apply for a temporary labor certification, the employer must file an Application for Alien Employment 

Certification with the Guam Department of Labor, Alien Labor Processing and Certification Division (GALPC) 

at least 40 days before the worker's services are needed. A separate application must be filed for each 

occupation. 

B. The application shall include: 

1) An original and two copies of Form GDOL 750, Application for Alien Employment certification, Offer of 

Employment, each bearing the original signature of the employer; 

2) A statement of employer assurances, contained in section V of this Administrative Policy, executed by the 

employer; 

3) A statement explaining the temporary nature of the job; 

4) A copy of the employment contract used to negotiate with and later signed by workers; 

5) A completed agent authorization on Form GDOL 750, if the employer is represented by an agent; 

6) A Notice of Appearance on INS Form G-28, if the employer is represented by an attorney; 

7) Results of any recruitment conducted prior to filing the application; 

8) All corrections or changes to documents submitted must be initialed by the employer or his authorized 

representatives (agent or attorney). 

C. The GALPC shall review the application for completeness and adherence to Territorial and Federal 

requirements and shall also determine the prevailing wages for the occupation according to section VII of this 

Administrative Policy. a wage offer below the prevailing wage would affect the wages of similarly employed 

United States workers on Guam. 

D. The GALPC shall notify the employer in writing of any deficiencies in the application and return the 

application for changes or additional information. when a complete application is received, GALPC shall 

notify the employer to place a job order and advertisement. 

E. The employer shall place a job order (GES 514) with the Guam Employment Service to recruit United 

States workers at least 30 days in advance of the need for services and provide a copy to the GALPC. The 

job order shall include the same information shown on GDOL 750 and shall remain active until a determination 

is made on the employer's application. 

F. In conjunction with the job order, the employer shall advertise the job opportunity for three consecutive 

working days in the newspaper of largest circulation on Guam and provide a copy to GALPC. The 

advertisement shall contain the specifies of the job opportunity including the duties, requirements, wage 

offer, and fringe benefits. It shall direct interested applicants to apply at the Guam Employment Service for 

referral to the employer and shall not identify the employer's name, address, and telephone number. 

G. The employer shall provide GALPC with written results of all recruitment to include the source of 

recruitment; names and addresses of United States workers who applied for the job; the job-related reasons 

why each worker was not hired for the job; and the names of United States workers who were hired. 

H. After the application processing is completed, the Governor or the authorized representative shall grant


or deny the labor certification. 

VII. Methodology for Determining Prevailing Wages 

A. The prevailing wage shall be the average rate of wages paid to similarly employed workers on Guam. 

B. Effective July 1, 1985, prevailing wage rates for all occupations will be based on survey data collected by 

the Guam government. Whenever necessary, the data will be supplemented with data from the Bureau of 

Labor Standards (BLS) if BLS covers occupations or industries not surveyed by the Guam government. The 

survey shall include a representative mixture of types and sizes of establishments found in private industry 

and the Federal and Guam governments. The prevailing rate shall be computed by totaling the wages paid to 

all similarly employed workers and dividing by the number of such workers. In the computation, the private 

Government of Guam, and Federal sectors shall be weighted in the proportion that they exist in Guam's 

economy. 

VIII. Determinations 

A. The Governor of Guam or the authorized representative shall determine whether to grant or to deny the 

temporary labor certification, or to issue a notice that the required certification cannot be made based on 

whether or not: 

1) United States workers are available for the temporary employment opportunity. 

a) The Governor or authorized representative, in judging if a United States worker is available for the 

temporary employment opportunity, shall consider the documented results of the employer's recruitment 

efforts. 

b) To determine if a United States worker is available, the Governor or authorized representative shall 

consider United States workers on Guam, and may also consider United States workers who are willing to 

move from elsewhere to take the job at their own expense, or at the employer's expense, if the prevailing 

practice among employers who employ workers in the occupation is to pay such relocation expenses, or if 

the employer will pay travel expenses for the alien(s). 

c) The Governor or authorized representative shall consider a United States worker able and qualified for the 

job opportunity if the worker, by education, training, experience, or a combination thereof, can perform the 

duties involved in the occupation as customarily performed by other United States workers similarly employed 

and is willing to accept the specific job opportunity. 

2) The employment of the alien will adversely affect wages and working conditions of United States workers 

similarly employed. To determine this, the Governor or authorized representative shall consider such things 

as labor market information, special circumstances of the industry, organization, and/or occupation, the 

prevailing wage rate for the occupation in the area of intended employment, and prevailing working 

conditions, such as hours in the occupation. 

3) The job opportunity contains requirements or conditions which preclude consideration of United States 

workers or which otherwise prevent their effective recruitment. 

B. A temporary labor certification may be issued for the duration of the temporary employment opportunity, 

not to exceed twelve (12) months. If the temporary job opportunity extends beyond 12 months, the employer 

must file a new application; however, temporary certifications may not be granted for the same job 

opportunity for a total period (including extensions) of more than three years. 

C. Dates on the temporary labor certification shall be the beginning and ending dates of certified employment 

and the date certification was granted. The beginning date of certified employment may not be earlier than 

the date certification was granted. 

IX. Document Transmittal 

A. Whenever, under this Administrative Policy, any notice or other document is required to be sent to an 

employer, the document shall be sent to the attorney who has filed a notice of appearance on INS Form G-28 

or the employer's authorized agent, if the employer has an attorney or agent. 

B. After making a temporary labor certification determination, the Governor or authorized representative, 

shall notify the employer, in writing of the determination.


C. If the labor certification is granted, the Governor or authorized representative, shall send the certified 

application containing the official temporary labor certification stamp, supporting documents, and completed 

Temporary Determination Form to the employer or, if appropriate, the employer's agent or attorney. The 

Temporary Determination Form shall indicate that the employer should submit all documents together with the 

employer's petition to the appropriate INS office. 

D. If the labor certification is denied or a notice is issued that certification cannot be made, the Governor or 

authorized representative shall return a copy of the Application for alien Employment Certification form, 

supporting documents, and completed Temporary Determination form to the employer, or if appropriate, to the 

employer's agent or attorney. The Temporary Determination form shall indicate specific bases on which the 

decision was made not to issue a temporary labor certification, and shall advise the employer of the right to 

appeal to the INS. 

X. Appeal of a Denial or Notice that a Certification cannot be made 

A. The granting or denial or a temporary labor certification by the Governor or authorized representative, or a 

finding that a certification cannot be made, is final. administrative appeal is made to INS, as set forth below. 

B. Under the Act and regulations of the Immigration and Naturalization Service, the Governor's role is 

advisory. The Attorney General has the sole authority for the final approval or denial of a petition for 

temporary alien employment. The employer can submit countervailing evidence to the Immigration and 

Naturalization Service, according to 8 CFR 214.2(h)(3)(ii), that qualified persons in the United States are not 

available, that wages and working conditions of United States workers will not be adversely affected, and 

that the Governor of Guam's employment policies were observed. 

XI. Invalidation of Temporary Labor Certifications 

A. A temporary labor certification issued by the Governor of Guam or authorized representative may be 

invalidated by an INS district director if it is determined by the district director or a court of law that the 

certification request involved fraud or willful misrepresentation. A temporary labor certification can also be 

invalidated if the district director determines that the certification was improvidently issued. 

B. If the district director intends to invalidate a temporary labor certification, a notice of intent shall be 

served upon the employer, detailing the reasons for the intended invalidation. The employer shall have ten 

days in which to file a written response in rebuttal of the notice of intent. The district director shall consider 

all evidence submitted upon rebuttal in reaching a decision. 

C. An employer may appeal the invalidation of a temporary labor certification in accordance with 8 CFR, Part 

103. 

OI 214.3 APPENDIX-3 

APPENDIX-3 

1. Addresses for Consultation with Department of Education. 

When consultation with the Department of Education is required, requests must be addressed to the following 

offices. 

A. Elementary and Secondary education: 

Division of Educational Support 

Office of Elementary and Secondary Education 


400 Maryland Avenue, S.W. 


B. Higher education:


Higher Education Institutional Eligibility Branch 

Division of Eligibility and Agency Evaluation 

Office of Postsecondary Education 




C. Vocational or technical education: 

Occupational/Vocational Eligibility Branch 

Division of Eligibility and Agency Evaluation 

Office of Postsecondary Education 




2. Sample Request for Information from School Records. 

To: (name and title of school official) 

From: (name and title of officer making request) 

Subject: (name of F-1 or M-1 student about whom information is being sought, country of birth, date of birth) 

Date: __________ 

Federal regulations 8 CFR 214.3(g)(1) require designated officials of your school to supply this Service, upon 

its request, with specific information and documents about your school's F-1 and/or M-1 students. Please 

furnish the information and/or documents about the above student which are checked below: 

____Admission number from the student's Form I-20 ID copy. 

____Country of citizenship. 

____Current address and telephone number. 

____Status, i.e., whether full-time or part-time 

____Course load. 

____Date of commencement of studies. 

____Degree program and field of study. 

____Expected date of completion. 

____Nonimmigrant classification. 

____Termination date and reason, if known. 

____The documents related to the student's admission to the school, as specified in 8 CFR 214.3(k). 

____Date and place of birth.


Please return this notice in the enclosed envelope with the requested information. 

Thank you for your cooperation. 

OI APPENDIX-4. AUTOMATED STUDENT SCHOOL DATABASE -- STSC 

1. Computer-generated student status form. 

(i) Frequency of generation. Service regulations permit the sending of computer-generated student status 

forms, Forms I-721, from Central Office to all approved schools at least once a year. 

If due to budgetary constraints or other reasons, Form I-721 is not sent to all approved schools as frequently 

as Service regulations permit, the district director may, if necessary, request that it be sent as an ad hoc 

report to a specific school, a number of schools or all schools within his or her jurisdiction. Between 

reporting periods, designated school officials are encouraged to report mala fide students or students who 

have terminated their studies by writing to the district director. 

(ii) Obligations of designated school official. Form I-721 lists all F-1 and M-1 students who, according to 

records in STSC, are attending the school. The designated official must: 

(A) circle the one correct status code for each student listed on Form I-721, 

(B) add any other F-1 or M-1 students in attendance to Form I-721 Supplement(s), 

(C) make any desired corrections on Form I-721 Supplement(s), 

(D) follow all instructions of Form I-721 and I-721 Supplement, and 

Please return this notice in the enclosed envelope with the requested information. 

Thank you for your cooperation. 

(E) mail Forms I-721 and I-721 Supplement(s) to the Service data processing data processing center within 

60 days of the date generated. 

(iii) Processing of Form I-721. Status codes circled by the designated official will be keyed into STSC at the 

data processing center. 

Form I-721 Supplement(s) will be forwarded to the Examinations section of the office having jurisdiction over 

the school for verification of the immigration status of students added and any corrections made. 

2. Meaning of student status codes on Form I-721. 

(i) Code 1: Student is enrolled and pursuing a full course of study, including the following: 

on authorized vacation 

Engaged in post-doctoral study or research 

Engaged in "cooperative study" (alternate work/study program) at a college, university, conservatory, or 

seminary. 

Temporarily not enrolled or pursuing less than a full course of study due to illness. 

(ii) Code 2: Student is enrolled but not pursuing a full course of study. Out of status unless: 

(A) an I-94 departure clears the student record or 

(B) the student is reinstated. 

(iii) Code 3: Student is no longer enrolled at this institution, including the following: 

Graduated/completed course of study.


Transferred. 

Withdrew/terminated. 

Participating in approved post-graduate practical training. Out of status unless> 

(A) an I-94 departure clears the student record, 

(B) the student is reinstated, 

(C) practical training on Form I-538 is posted to the student record, or 

(D) a school transfer on Form I-538 or I-20 Transfer is posted to the student record. 

(iv) Code 4: Student was admitted to the school and issued Form I-20 A/B or I-20 M/N, but has, to date, not 

enrolled in this school. Same as Code 2. 

(v) Code 5: Student has changed from F-1 or M-1 status to another nonimmigrant status, has adjusted to 

immigrant status, or has other permission to stay in the United States (other than F-1 or M-1 classification). 

No status is reflected. This code will generate a report to be sent to the Examinations section of the Files 

control Office having jurisdiction over the school so that an officer can verify the student's status. 

(vi) Code 6: Student has not been issued an I-20 A/B or I-20 M/N by this school. No status is reflected. 

However, this code will generate an error report to look into the case. 

3. Status codes for students who filed applications with the Service. 

(i) Student pursuing full course of study. When a currently enrolled student pursuing a full course of study 

has applied for extension of stay and school transfer, practical training, another nonimmigrant classification, 

adjustment of status to that of a lawful permanent resident or political asylum, Code 1 should be checked. 

(ii) Student no longer enrolled seeking extension as nonimmigrant. If a student who is no longer enrolled in 

the designated official's school file a timely application for extension of stay and school transfer, practical 

training, or another nonimmigrant classification, Code 5 should be checked because it has traditionally been 

the policy of this Service that an alien who file a timely application for extension of stay is not considered to 

be out of status if the prior authorized period of stay expires pending a decision on the application. 

(iii) Student no longer enrolled seeking lawful permanent residence or political asylum. If a student who is no 

longer enrolled in the designated official's school files an application for adjustment of status or political 

asylum, Code 5 should also be checked because the normal operating procedures of this Service allow an 

alien who has filed such an application to remain in the United States until it is decided.


OI 215 Alien residents. [Removed 6/24/97; TM 1] [Moved to M-450 chapter 14]


OI 221 Posting of bond prior to issuance of nonimmigrant visa. 

OI 221.1 

OI 221.2 

OI 221.3 

Posting of a bond prior to issuance 

of nonimmigrant visa 

Action upon arrival 

Cancellation of bonds 

OI 221.1 Posting of a bond prior to issuance of nonimmigrant visa. 

When a bond is accepted prior to the issuance of a nonimmigrant visa, notification of acceptance on Form 

I-349, in duplicate, should be forwarded to the consul, giving the "A" number, the amount of the bond, and 

the date and place of acceptance. The consul will issue a nonimmigrant visa valid for a period of 6 months 

limited to a single entry into the United States, and will place the following notation on the nonimmigrant visa: 

"Section 221(g) Bond A- (file number)". He will also furnish the alien with one copy of the notification for 

presentation at the port of entry. When notification is telegraphed to the consul, he will attach a copy of the 

telegram to the page containing the nonimmigrant visa. (Revised) 

OI 221.2 Action upon arrival. 

When an applicant for admission presents a nonimmigrant visa noted as shown in OI 221.1, the Form I-94 will 

be processed as outlined in AM 2790.02. In the case of a "B" nonimmigrant, the copy of the notification shall 

be lifted, endorsed to show date, place and class of admission, and period to which admitted, and forwarded 

to the "A" file. If a copy of the notification is not available, a memorandum shall be addressed to the files 

control office containing the facts concerning admission for inclusion in the "A" file. In the case of a 

nonimmigrant student, the notification shall be stapled to the Form I-20A and, in addition to the admission 

stamp, the Form I-20A shall be endorsed with the "A" file number and the bond stamp, and the Forms I-20A 

and B shall then be forwarded in accordance with OI 214.2(f)(1). 

OI 221.3 Cancellation of bonds. 

For procedures relating to cancellation and breaching of bonds, see 8 CFR 103.6 and OI 103.6.


OI 223 Reentry permits. 

OI 223.1 

OI 223.1a 

OI 223.2 

OI 223.3 

OI 223.4 

Action on application 

Issuance of reentry permit in maiden 

name of a married woman 

Emergent cases 

Delivery 

Additional pages for reentry permits 

booklet 

OI 223.1 Action on application. 

If an I-131 is personally presented to a contact representative or Service officer with a Form I-151 or I-551, 

the status shall be verified and a notation "I-151 seen" or I-551 seen" will be placed beside the "A" number on 

the I-131 and initialed. The card shall then be handed back to the applicant. In the case of mail-in 

application with the I-151 or I-551 attached, the first employee reviewing the application shall verify the 

status and place the proper notation on the Form I-131. The ID card shall then he detached and mailed beck 

to the applicant attached to a Form I-72. If the application is received without Forms I-151 or I-551, and the 

"A file is available, the verification shall be made and the notation "file seen" will be placed beside the "A" 

number oon the I-131 and initialed. If an "A" file cannot be found and the applicant is not able to present an 

I-151 or I-551, other evidence of admission for permanent residence listed in 8 CFR 103.2 may be accepted. 

In that case a new "A" file will be created and the evidence will be placed in the file. A reentry permit will not 

be issued until there is satisfactory evidence in a Service file to substantiate that the applicant is clearly 

eligible. 

Form I-131 has been designed for use by applicants for reentry permits who have lawfully admitted for 

permanent residence, since applicants by aliens claiming to have been lawfully admitted as treaty merchants 

pursuant to section 3(6) of the Immigration Act of 1924 between July 1, 1924, and July 5, 1932, inclusive, 

are extremely rare. If such a treaty merchant alien should inquire regarding issuance of a reentry permit, he 

should be advised concerning his possible eligibility for creation of a record of lawful admission for permanent 

residence pursuant to section 249 of the Act, as amended, and furnished with the requisite application form 

therefor. He shall also be furnished with Form I-131 and advised that, if he elects to apply for a reentry 

permit as a treaty merchant, he ould execute and submit it in accordance with the instructions attached 

thereto, together, with a written statement giving the following information: (1) whether he has continuously 

maintained the status of a treaty merchant since the date of his admission between July 1, 1924, and July 5, 

1932, under section 3(6) of the Immigration Act of 1924; (2) a brief description of each business activity in 

which he has engaged since the date of that admission showing the period of each; (3) whether he intends 

to resume his present business activities when he returns from abroad, and, if not, (4) what different 

activities he intends to engage in. Before sending the Form I-131 to a treaty merchant applicant, the 

direction on the first line of block 8 of the form shall be modified to read "FILL IN THE ITEMS IN THIS BLOCK 

AS TO FIRST ARRIVAL IN UNITED STATES AS A TREATY MERCHANT BETWEEN JULY 1, 1924, AND JULY 

5, 1932"; also, the direction in the middle of block, 8, reading "FILL IN REMAINING ITEMS IN THIS BLOCK IF 

YOU DID NOT ACQUIRE PERMANENT RESIDENCE THROUGH ADJUSTMENT," shall be stricken. 

Form I-131 must be submitted with the first page executed in duplicate. The jurat need the executed only on 

the original Form I-131. Upon approval of the application, the duplicate copy of the first page of Form I-131 

shall be placed in an envelope addressed to the Social Security Administration (SSA), Division of Earnings, 

Eligibility and Accountability (DEEA), SSI Operations Branch (SSIOB), Posteligibility Operations Section 

(PEOS), Interface Unit, Metro West Building, 300 N. Greene Street, Baltimore, Maryland 21201. The 

envelope containing duplicate Forms I-131 which have been accumulated during the week shall be mailed on 

the last business day of each week. (TM 6/86) 

Blue page OI223.1 

In the case of the lawful permanent resident, the reentry permit shall be issued on the booklet edition which 

does not bear a form number. In the case of a treaty merchant (who shall be advised of section 249) the 

reentry permit shall be issued on Form I-132 if the alien declines to avail himself of the benefits of section


249. 

In the case of an I-131 applicant who is a lawful permanent resident, but who is within the purview of section 

247 and fails to execute the waiver Form I-508 and, if applicable, the required election on Form I-508F, 

section 247 proceedings shall be instituted immediately, and the applicant informed that he will be required to 

obtain an appropriate nonimmigrant visa and passport if he desires to return to the United States. When a 

permit is issued to an applicant who has executed Form I-508, the permit shall be endorsed above the line 

containing the file number "Form I-508 executed________,19_____," followed by the initials of the employee 

who prepared the permit. 

Any photograph accepted must conform with ADIT instructions, and after the photograph is pasted to the 

reentry permit, it shall be stamped "Immigration and Naturalization Service" with the maceration die so that 

the stamp, properly reflecting both red and blue colors, is partly on the photograph and partly on the permit. 

(Revised) 

When possible grounds of excludability are disclosed, the applicant, if he or she is still in the United States, 

shall be notified concerning his or her possible excludability. If the applicant nevertheless desires the 

permit, a memorandum of the notification furnished will be placed in the relating file. A permit issued to a 

lawful permanent resident who is believed to be excludable shall be conspicuously noted in the space 

immediately to the right of the word "NOTICE" on page 3 with the section of law under which the bearer is 

believed excludable so that the alien will be held for a hearing by an Immigration Judge upon his return. In 

the case of a treaty merchant the notation shall be made in the space above the personal description of the 

alien of Form I-132. (Revised) 

A copy of Passport office (U.S. Department of State) Form M-360, entitled "Travel to the Soviet Union", shall 

be given to all resident aliens who are issued reentry permits or have such permits extended and who plan to 

visit the USSR. 

OI 223.1a Issuance of reentry permit in maiden name of a married woman. 

There is no objection to the issuance of a reentry permit in the maiden name of a married woman, if 

requested by her, and if the use of the maiden name is sanctioned by the law of the State in which she 

resides. 

OI 223.2 Emergent cases. 

A case is emergent if verification of the applicant's entry is impracticable because of insufficient time to 

obtain his file, verity his entry by mail, or transmit the application to the Files Control Office having 

jurisdiction over the applicant's place of residence. If a permit is issued under such circumstances, the 

application shall then be forwarded to the Files Control Office of residence for a post check of the applicant's 

file to assure that the permit was properly issued. 

OI 223.3 Delivery. 

(a) In the United States. When a permit is to be delivered by mail in the United States, the applicant's 

signature and photographs shall be compared with the signature and photographs contained in his file. Any 

question as to identify shall be resolved by personal interview. Form M-91 shall be used to effect delivery of 

the permit. 

(b) Abroad. A reentry permit shall be forwarded to a Service office abroad (see OI 103.1(c) if on is located 

where delivery is to be made; otherwise it shall be forwarded to a United States embassy o consulate. When 

the applicant requests delivery in the netherlands, the permit shall not be forwarded tot he Embassy at The 

Hague but shall be forwarded to the Consulate General at Amsterdam or Rotterdam, as appropriate. The 

permit shall be accompanied by Form G-94, in duplicate. This document shall be forwarded abroad by 

registered mail. 

OI 223.4 Additional page for reentry permit book let. 

When a valid reentry permit booklet holder request additional pages for the affixation of foreign visas and 

there is a genuine need there fore, they must be attached to the reentry permit. A fourfold insert has been 

devised which provides eight additional pages, lettered from A to H, and a tab for attachment to the permit. 

The tab, if not 3/8 of an inch in width, shall be cut to such width and glued firmly tot he right-hand margin of 

page 15 of the permit, in a right-hand margin of the page 15 of the permit, in manner which will permit of the 

additional pages to fold between page 16 of the permit and the tissue page separating page 16 from the back 

cover of the booklet.

Service Law Books


OI 223a Refugee travel document. 

OI 223a.1 

OI 223a.2 

OI 223a.3 

OI 223a.4 

OI 223a.5 

OI 223a.6 

OI 223a.7 

OI 223a.8 

OI 223a.9 

OI 223a.10 

OI 223a.11 

OI 223a.12 

OI 223a.13 

Application and Service files 

Evidence 

Definition of refugee 

[Removed] 

Travel of certain foreign countries 

(Blue page) 

Applicant whose presence in the United 

States is not lawful 

[Removed] 

Issuance 

Delivery 

[Removed] 

Return to United States 

Invalid or expired refugee travel document 

Additional pages for refugee travel 

document 

OI 223a.1 Application and Service files. 

The time limits specified in the regulation for submission of an application for issuance of a refugee travel 

document shall not be regarded as inflexible. Upon receipt of the application, any existing files relating to 

the applicant shall be obtained and reviewed together with the application supporting documents and other 

pertinent data before a refugee travel document may be issued. If there is no file, one shall be created. 

The photographs submitted with an application for a refugee travel document must conform with ADIT 

specifications as outlined in the instructions on Form I-570 as revised October 1, 1984. (TM 1/85). 

OI 223a.2 Evidence. 

The applicant's eligibility shall normally be determined on the basis of the documentary evidence submitted 

by the applicant and other pertinent data in the file. Any additional evidence or information which may be 

needed shall be requested. An alien who claims that he/she was considered a refugee under Article 1A(1)) of 

the U.N. Convention of July 28, 1951, shall be requested to submit evidence that he/she was so considered 

unless he/she is within OI 223a.3. An interview shall be conducted only when a material question of fact 

cannot be resolved otherwise. A copy for the file shall be made of Form I-94 submitted by an applicant who 

is not a lawful permanent resident; upon return of the original Form I-94 to the applicant, it shall be marked on 

the reverse "I-571 issued" if the application is approved. (TM 5/86) 

OI 223a.3 Definition of refugee. 

The term refugee shall be defined in Section 101(a)(42) of the Act. An applicant may be processed of 

issuance of a refugee travel document if he/she came to the United States under a United States refugee law 

or program or was granted a benefit or status by the Serviced on the basis of a claim to persecution. An 

applicant (other than a lawful permanent resident) not previously authorized to come to or remain in the 

United States on grounds of persecution shall be processed under the asylum provisions of 8 CFR 208. On 

approval of the application of asylum, the application for the travel document may be grated and the travel 

document issued if he or she is otherwise qualified. An application by a lawful permanent resident who was


not previously authorized to come to or remain in the United States in grounds of persecution may be 

processed for issuance of a refugee travel document if a Service file reveals, or the applicant established in 

an interview, or the applicant established in an interview, that he or she was in fact a refugee. (TM 5/84) 

OI 223a.4 (Removed) 

(TM 5/86) 

Blue pages OI223a.5 

OI 223a.6 Applicant whose presence in the United States is not lawful. 

An application by an alien whose presence in the United States is not lawful may be denied only if prior to 

decision an order to show cause has been issued or exclusion proceedings have been instituted. 

OI 223a.7 [Removed]. 

OI 223a.8 Issuance 

The refugee travel document shall be issued on Form I-571. The status which may be accorded the alien 

upon his return to the United States shall be noted in the block provided for that purpose on Page 4 by 

typing, as appropriate: PAROLE, CONDITIONAL ENTRANT, REFUGEE, ASYLEE, or LAWFUL PERMANENT 

RESIDENT. The applicant who is a "PAROLEE" shall have the word parolee typed in this block, except that 

the document of an alien whose deportation has been withheld under section 243(h) shall also be endorsed 

PAROLEE. If the applicant who is to be paroled has not been granted indefinite parole or indefinite voluntary 

departure, place an asterisk before and after the word PAROLEE so that upon return to the United States he 

will paroled for a period of 1 year. 

The applicant's photograph, after being glued to the refugee travel document, shall be stamped 

"IMMIGRATION & NATURALIZATION SERVICE" with the maceration die so the stamp is partly on the 

photograph and partly on the document. 

In the case of an applicant who is a lawful permanent resident of the United States, the instructions in OI 

223 shall be applied to the extent appropriate with respect to section 247, any possible grounds of 

inadmissibility, and possible grounds of Residents of the U.S. Planing to Travel to the USSR. In addition, a 

copy shall be made of the first page of the Social approved application and sent to the Social Security 

Administration in the envelop containing duplicate Forms I-131. 

If the applicant (other than a lawful permanent resident or conditional entrant) has not been granted parole, 

voluntary departure or a stay of deportation, he shall be accorded the appropriate one of those statuses, in 

increments of one year with permission to engage in employment, when the application is approved. 

OI 223a.9 Delivery. 

(a) General. Before a refugee travel document is delivered to an applicant by mail or personal delivery, 

his/her signature on Form I-570 and the photographs submitted with the application shall be compared with 

any signature and photographs contained in his/her file. 

(b) Abroad. When a refugee travel document is to be delivered abroad, it shall be forwarded to a Service 

office abroad (see OI 103.1(c)) if one is located where delivery is to be made; other wise, it shall be 

forwarded to a United States embassy or consulate. When the applicant requests delivery in the 

Netherlands, the refugee travel document shall not be forwarded to the Embassy at the Haque but shall be 

forwarded to the Consulate General at Amsterdam or Rotterdam, as appropriate. The refugee travel 

document shall be accompanied by Form G-94. This document shall be forwarded abroad by registered mail. 

OI 223a.10 [Removed]. 

OI 223a.11 Return to United States. 

If upon return to the United States the alien is eligible for the status endorsed in his/her refugee travel 

document, proceed as follows: 

Refugee Travel Document Endorsed Conditional Entrant: Readmit alien as conditional entrant; endorse I-94 

with conditional entry stamp; note "READMITTED" in block letters immediately above the stamp; furnish 

original Form I-94 to alien and forward duplicate to Central Office Document Handling Unit. Do not count case


statistically. 

Refugee Travel document endorsed PAROLEE: Parole alien indefinitely; stamp I-94 in lower right block 

"REFUGEE I-571"; also stamp in same block "EMPLOYMENT AUTHORIZED" if alien might normally be 

expected to enter labor market. 

Refugee Travel Document Endorsed *PAROLLEE*: Parole alien for one year; stamp I-94 in lower right block 

"REFUGEE I-571"; also stamp in same block "EMPLOYMENT AUTHORIZED" if alien alien might normally be 

expected to enter labor market. 

Refugee travel document endorsed REFUGEE: The alien is to be readmitted as a refugee under section 207; 

admission block of I-94 is to be stamped as indicated in OI207.6 

Refugee travel document endorsed ASYLEE: The alien is to be admitted pursuant to section 208; admission 

block of I-94 to be stamped: "Asylum Status Granted Pursuant to section 208 of Immigration and Nationality 

Act valid to --- (Date) ---." This period shall be for one year. The I-94 shall be stamped "EMPLOYMENT 

AUTHORIZED". 

Refugee travel document endorsed LAWFUL PERMANENT RESIDENT: Admit alien as such if he has not 

abondoned his status. 

If upon return to the United States the holder of a valid unexpired refugee tavel document appears to be 

inadmissible but may not be ordered excluded pursuant to 8 CFR 236.3e, he ordinarily should not be referred 

for hearing before immigration judge unless referral is requested by the applicant or the district director. The 

district director shall request referral for hearing before an immigration judge if (1) the document of the alien 

who appears to be inadmissible is endorsed to show status as a lawful permanent resident or conditional 

entrant; or (2) there is a question of law or fact which should be resolved in a formal proceeding that would 

result in a decision desirable for publication as a precedent. (REVISED) 

If the holder of the refugee document endorsed LAWFUL PERMANENT RESIDENT or CONDITIONAL 

ENTRANT is paroled under 8 CFR 223a.6(b), he/she shall be paroled for 1 year. 

A holder of a refugee travel document who seeks admission as a nonimmigrant may be admitted as such if 

he is a bona fide non-immigrant in possession of appropriate documentation and surrenders his refugee travel 

document. 

OI 223a.12 Invalid or expired refugee travel documents. 

A refugee travel document issued pursuant to 8 CFR 223a which has become invalid, or which has expired, 

shall be routed to the relating "A" file. 

OI 223a.13 Additional pages for refugee travel document. 

When the holder of a valid refugee travel document requests additional pages for the affixation of foriegn 

visas and there is genuine need therefor, they may be attached in his travel document. A four-fold insert has 

been devised which provides eight additional pages, lettered from A to H, and a tab for attachment to the 

document. The tab, if not 3/8 of an inch in width, shall be cut to such width and glued firmly to the left margin 

of page 14 of the document, in a manner which will permit the additional pages to fold between pages 14 and 

15 of the document.


OI 231 Arrival-departure manifests and lists; supporting documents. [Removed 

6/24/97; TM 1] [Moved to M-450 chapter 25]


OI 233 Use of Form I-259 for temporay removal and other purposes. [Removed 

6/24/97; TM 1]


OI 234 Physical and mental examination of arriving aliens. 

OI 234.1 

OI 234.2 

OI 234.3 

OI 234.4 

OI 234.5 

Medical examinations of arriving aliens 

Examination of aliens in the United 

States by civil surgeons 

USPHS hospitals and outpatient clinics 

Changes in lists of selected surgeons 

Appeals from Class A medical 

certifications 

OI 234.1 Medical examinations of arriving aliens. 

Medical examinations of alien crewmen on vessels arriving in one part of the United States from another part 

thereof, or of aliens arriving in the United States from one of the places enumerated in 8 CFR 235.5(a) shall 

be conducted only when deemed necessary by the examining immigration officer. Medical examinations of 

arriving nonimmigrants enumerated in section 102 are not required. 

OI 234.2 Examination of aliens in the United States by civil surgeons. 

Copies of the "Manual for Medical Examination of Aliens" have been furnished to Service offices for ready 

reference by selected civil surgeons. A supply of the medical report Forms FS-398 have also been made 

available for distribution to those surgeons. 

OI 234.3 USPHS hospitals and outpatient clinics. 

USPHS hospitals and outpatient clinics will perform medical examinations of aliens, other than applicants for 

status as permanent residents, without charge when properly authorized by an officer of this Service. 

OI 234.4 Changes in lists of selected civil surgeons. 

When a civil surgeon is added or deleted from the list of civil surgeons, or there is a change in the address 

of selected civil surgeon, the district director shall report such fact promptly by memorandum to the 

Assistant Regional Commissioner, Examinations. On a yearly basis, by means of CADJ 51 (Report of 

Designated Civil Surgeons), the Assistant Regional Commissioner shall submit a report of the list of names, 

organizational titles, and addresses of all designated civil surgeons by district to the Associate 

Commissioner shall in turn furnish the complete list to the Director, Division of Quarantine, Center for 

Prevention Services, Centers for Disease Control, Atlanta, Georgia 30333, and the Deputy Assistant 

Secretary for Visa Services, Department of State, Washington, D.C. 20520 (Revised) 

OI 234.5 Appeals from Class A medical certifications. 

When an alien has been certified as being afflicted with a condition specified in section 212(a)(1), (2). (3), (4) 

or (5) of the Act and requests an appeal to a board of medical officers, the district director shall notify the 

Director, Division of Quarantine, Center for Prevention Services, Centers for Disease Control, Atlanta, 

Georgia 30333, and shall request that official to convene such a board.


OI 235 Inspection of persons applying for admission. [Removed 6/24/97; TM 1] 

[Moved to M-450 chapters 2, 11, 13, 14, 15, 16, 17, and 47]


OI 236 Exclusion of aliens. [Removed 6/24/97; TM 1]



OI 237.1 

Imposition of penalty 

OI 237.1 Imposition of penalty. 

Penalties for violation of section 237 of the Act shall be imposed in accordance with the provisions of 8 CFR 

Part 280 (TM 4/91)


OI 238 Contracts with transportation lines. 

OI 238.1 

OI 238.2 

Form I-426 agreement 

Form I-421 agreements 

OI 238.1 Form I-426 agreements. 

(a) Violation. If the provisions of paragraph 7 of the Agreement are violated, the transportation line shall be 

billed for the liquidated damages. An immediate report shall be made to the port of entry, the Investigation 

section at the place where the alien absconded, and the regional office (Examinations and Investigations) 

having jurisdiction over the port of entry and place where he absconded. When apprehension, surrender,or 

verification of departure of a TWOV who absconded takes place, a report shall be made to the district 

office in control of the investigation so that it can advise in control of the investigation. 

The carrier shall be deemed to have substantially complied with the Form I-426 agreement and liquidated 

damages shall not be assessed under paragraph 7 of the Agreement when the TWOV alien (other than a 

crewman admitted in TWOV status to join a vessel in the United States) has departed voluntarily within 8 

hours after arrival or on the first available transportation thereafter, unless such voluntary departure follows 

his apprehension by the Service. Liquidated damages shall be assessed when the TWOV alien (other than a 

crewman, as above) has remained in the United States beyond the time for which he was admitted, unless 

circumstances beyond his control prevented his timely departure and the departure was effected promptly 

when those circumstances beyond his control prevented his timely departure and the departure was effected 

promptly when those circumstances no longer prevailed, or the Service had authorized his additional stay. 

When corresponding with the responsible carrier concerning the nonreceipt of a TWOV departure Form I-94, 

and the assessment of liquidated damages, Form I-427, appropriately executed, shall be utilized. 

The carrier shall be deemed to have substantially complied with the Form I-426 agreement and liquidated 

damages shall not be assessed under paragraph 7 of the the Agreement in the case of a crewman admitted 

in TWOV status to join a vessel in the United States, if it is established that the crewman did in fact join the 

vessel of destination within the time limitations of his admission. If the crewman joins his vessel and 

subsequently absconds before the vessel leaves the United States, the captain, owner,or agent may be 

fined under the provisions of section 271 of the Act. 

Ports of departure shall deport on Forms G-330 to the control port any deviations from itinerary, tardy 

departures, or other information which would be of value in determining whether a late departure was 

unavoidable. Forms G-330 in these instances shall be attached to relating departure Forms I-94. If any 

other condition of the agreement is violated, an appropriate report shall be submitted to the Associate 

Commissioner, Examinations, Through the regional office. 

Blue page OI 238.1(b) 

OI 238.2 Form I-421 agreements. 

So that the list appearing in 8 CFR 238.2(b) may be supplemented, the regional counsel shall notify the 

Instructions Officer, Central Office. 

A Form I-421 agreement shall not be approved when immigration officers are not stationed or are not readily 

available to conduct inspection at the port in foreign contiguous territory or adjacent islands through which 

the transportation line desires to transport its United States-destined passengers. 

The fact that a transportation line has embarked or desired to embark immigrants destined to the United 

States via foreign contiguous territory or adjacent islands on a particular voyage shall not be considered, in 

and of itself, as a sufficient basis for regarding the line's request for an agreement to be a "special situation" 

within the meaning of 8 CFR 238.2(a) warranting the approval of an appropriate agreement with the line. 

When it appears that the approval or denial of an agreement may affect another region, the region 

considering the transportation line's request shall consult with the other region which may be affected before 

a decision is made.



OI 239.1 

OI 239.2 

Reports of violations (Blue page) 




Part 280. (TM 4/91)


OI 241 Discretionary waiver of deportability. [Removed 6/24/97; TM 1]


OI 242 Proceedings to determine deportability of aliens in the United States: 

Apprehension, custody, hearing, and appeal. 

OI 242.1 

OI 242.2 

OI 242.3 

OI 242.4 

OI 242.5 

OI 242.6 

OI 242.7 

OI 242.8 

OI 242.10 

OI 242.11 

OI 242.12 

OI 242.13 

App.to 242.2 

Commencement 

Preparation of order to show cause 

Notice of hearing 

Service 

Fingerprints 

Custody 

Hearing 

Transcription of testimony and 

decision 

Voluntary departure prior to 

commencement of hearing 

Deportation docket control 

Terminating deportation proceedings 

[Removed] 

Suggested factual allegations 

OI 242.1 Commencement. [Removed 6/24/97; TM 1] 

OI 242.2 Preparation of order to show cause. [Removed 6/24/97; TM 1] 

OI 242.3 Notice of hearing. [Removed 6/24/97; TM 1] 

OI 242.4 Service. [Removed 6/24/97; TM 1] 

OI 242.5 Fingerprints. [Removed 6/24/97; TM 1] 

OI 242.6 Custody. 

(a) Warrant of arrest. [Removed 6/24/97; TM 1] 

(b) Release or supervision. [Removed 6/24/97; TM 1] 

(c) Detentions. [Removed 6/24/97; TM 1] 

(d) Escape. The escape or attempted escape of an alien from Service custody or from a non-Service facility 

shall be telephonically reported immediately to the Associate Regional Commissioner, Enforcement, with a 

telegraphic follow-up to that official. A copy of the telegram shall be furnished to the Assistant 

Commissioner, Detention and Deportation. In all cases, and as soon as possible, detailed reports of 

incidents shall be expeditiously forwarded to the Associate Regional Commissioner, Enforcement, and the 

Assistant Commissioner, Detention and Deportation. In addition, the escape, or attempted escape, of a 

person from Service custody after arrest or conviction for a criminal violation, whether felony or misdemeanor 

and/or prior to completion of his sentence (e.g., where he is paroled for deportation), shall be promptly 

reported to the nearest office of the U.S. Marshals Service within one hour after the discovery of the escape, 

or attempted escape, and a detailed report submitted to the Regional Commissioner within 48 hours.


(e) Privilege of communication. When immediate notification to consular or diplomatic officers of detained 

aliens is required pursuant to 8 CFR 242.2(e), such notification by telephone, shall be the responsibility of 

the apprehending officer. The current names, titles, business hours, phone number and after hours phone 

numbers of consular or diplomatic officers of those nations to whom immediate notification is required, shall 

be maintained and made available to all officers involved in the apprehension of aliens. Form I-264 shall be 

used by the consular or diplomatic officers of the detention of their nationals after the telephonic notification. 

In addition to the countries listed in 8 CFR 242.2(e), the nearest Australian consular office in the United 

States shall be informed when an Australian citizen is to be detained. 

Any alien in Service custody, under certain conditions, may be interviewed and photographed by the news 

media. Refer to AM 2798.31 for Service policy and procedures. 

(f) Institutions. Form I-247, Notice of Action by Immigration and Naturalization Service, indicating the action 

taken and/or requested, shall be sent to persons in charge of penal, mental, or other institutions whenever 

Service action in connection with deportation proceedings is taken against aliens in such institutions. 

When the United States Board of Parole paroles an alien subject to a notification on Form I-247 filed by 

this Service, the Board, in its order, may: (1) Parole for deportation only (in such case, release is not to be 

effected unless the Service has completed all arrangements for deportation immediately upon release); (2) 

Parole to the actual physical custody of the immigration authorities only (in such case, release is not to be 

effected unless the Service takes the alien into physical custody, regardless of whether or not deportation 

follows); or (3) Parole to the actual physical custody of the immigration authorities or an approved plan (in 

such cases, the United States Parole Board has stipulated that release is to be effected, regardless of 

whether or not the Service takes the alien into custody, providing there is an acceptable plan for community 

supervision). 

In the above cases, when notified of the release of the alien to the INS detainer, the deportation officer 

will contact the alien caseworker at the respective Bureau of Prisons institution and determine under what 

condition the alien will be released. If the alien is to be released under parole conditions, the deportation 

officer will ensure that the alien has a copy of his Certificate of Parole, Parole Form I-11. If an alien is 

released to INS, who still is under the conditions of the parole or mandatory release, the deportation officer 

will notify the local federal probation officer as to the disposition and whereabouts of the alien (e.g., deported 

or voluntary departure, released on bond, released on recognizance etc.). If the alien is released and placed 

on bond or recognizance, the current address of the alien must be given to the local federal probation officer 

to ensure adequate control and follow-up on the alien by the probation officer. 

(g) Transfer of institution cases. Whenever an alien who is in the custody of the Bureau or Prisons (BOP) 

and also the subject of a Service detainer, is to be moved to another BOP location, must be notified of the 

prisoner transfer. The Service case file and Form I-154 (Deportation Docket Control Card) must be 

transferred to the new control office. 

(h) Protective custody. The INS may provide, pending determination of his deportability, protective custody 

to a consenting alien who is or may be subject to involuntary repatriation or to any form of coercion which 

could inhibit the free exercise of will in deciding whether to depart from the United States. This authority is 

exercised as an incident of the Service's authority to detain deportable aliens if failure to detain would result 

in harm to the national interest. Protective custody shall be provided hereunder to consenting aliens only 

upon the authorization of the Associate Commissioner for Examinations, upon the request of the Department 

of state or, if the circumstances require immediate Service action, without such a request. The Associate 

Commissioner for Examinations shall immediately notify the Associate Commissioner for Enforcement of 

approval of any request for protective custody. The Associate Commissioner for Enforcement shall arrange 

with appropriate personnel in the field for such protective custody to be provided. 

OI 242.7 Hearing. 

(a) Additional charges. [Removed 6/24/97; TM 1] 

(a-1) Adjudication of visa petitions filed with section 245 application after an order to show cause has been 

served. [Removed 6/24/97; TM 1] 

(b) Applications for discretionary relief. [Removed 6/24/97; TM 1] 

(c) Information not a part of the official record. [Removed 6/24/97; TM 1] 

(d) Prior Government-witness statements. After a Government witness has testified, any prior written 

statement made by him to a Government agent which he signed or otherwise adopted or approved; or a


stenographic, mechanical, electrical, or other recording, or a transcription thereof, which is a substantially 

verbatim recital of an oral statement made to a Government agent, and is relevant to the witness' testimony, 

shall, if demanded by the respondent, be submitted for the special inquiry officer's determination (or the 

designated examiner's determination, if demand is made in naturalization proceedings) as to whether it shall 

be furnished to him. 

The Security and Emergency Planning Staff, Justice Management Division, U.S. Department of Justice, is 

charged with the responsibility of reviewing and excising all Government documents used in court or 

administrative proceedings involving security matters. Requests for approval for the production of such 

statements shall be submitted to the Assistant Commissioner, Investigations, who will determine the action to 

be taken. (TM 7/89) 

When the statement contains other matter which does not relate to the subject matter of the testimony of 

the witness, such nonrelevant portions shall be excised, and both the excised and unexcised statements 

submitted to the special inquiry officer (or to the designated examiner if demand is made in naturalization 

proceedings) for determination as to the propriety of the deletions. 

If an appeal is taken, the entire statement shall be submitted in a sealed and separate envelope for 

attachment to the record file for review. 

OI 242.8 Transcription of testimony and decision. 

Deportation-hearing testimony need not be transcribed if the decision of the special inquiry officer is final and 

permission to review or borrow a copy of it has not been requested. 

When the special inquiry officer renders an oral decision, it shall not be transcribed unless it is appealed or 

certified, the respondent or the Service requests a copy, suspension of deportation is granted, or the special 

inquiry officer deems transcription necessary. An oral decision shall be transcribed when the special inquiry 

officer grants an application which was denied by the district director so that a copy may be filed in the 

public reading room in accordance with OI 103.8. If the oral decision is not transcribed, the special inquiry 

officer shall prepare and sign a memorandum for the file reflecting the date of hearing, that copy of the 

decision not requested, that the charge in the order to show cause and lodged charges were or were not 

sustained, the applications filed, the country to which the alien prefers to go if deported, and a succinct yet 

comprehensive denotation of the order, including the disposition of any applications. 

OI 242.10 Voluntary departure prior to commencement of hearing. [Removed 6/24/97; TM 1] 

OI 242.11 Deportation docket control. 

Each district office and each suboffice so authorized shall maintain a deportation docket control as specified 

in AM 2798. 

OI 242.12 Terminating deportation proceedings. [Removed 6/24/97; TM 1] 

OI 242.13 [Removed]. 

(TM 8/85) 

APPENDIX TO OI 242.2 [Removed 6/24/97; TM 1]


OI 243 Deportation of aliens in the United States. 

OI 243.1 

OI 243.2 

OI 243.3 

OI 243.4 

OI 243.5 

App.to 243.1c2 

Warrant of deportation 

Expulsion 

Stay of deportation 

Waiver of sanctions imposed pursuant 

to section 243(g) 

Aliens seeking employment 

Reciprocal arrangement 

between the United States (INS)and 

Canada Employment and Immigration 

Commission exchange of deportees 

OI 243.1 Warrant of deportation. 

(a) Issuance. [Removed 6/24/97; TM 1] 

(b) Fingerprint of alien being deported. AT the time of an alien's physical deportation, a classifiable rolled 

impression of his right thumb (or other identified finger) shall be placed on the reverse of the warrant of 

deportation. The alien shall sign his name under the fingerprint impression, and the signature of the officer 

taking the fingerprint shall be affixed. The warrant of deportation shall then be endorsed to show the port, 

date, and means of deportation, the name of the deportee, and the signature and title of the executing 

officer. (TM 7/89) 

(c) Travel documentation. 

(1) General. Except for a limited class of aliens deported to contiguous territory deportation cannot be 

effected until travel documentation has been obtained. Application therefor shall be made following 

issuance of the order to show cause for aliens who are detained at Service expense, or who will shortly 

be released from a penal institution upon completion of sentence, or who are classed as top priority. In 

all other cases application shall be made after the issuance of a warrant of deportation, unless 

application for stay has been filed or anticipated and prima facie eligibility is established or there is good 

reason to believe that an alternate order of deportation will fail to depart voluntarily as required. 

If an alien designates a country, other than Canada, to which he prefers to be deported and t appears that 

such country is unlikely to receive him, a request on Form I-241 for a travel document shall nevertheless be 

made to the authorities of the country designated; however, a simultaneous application for a travel document 

shall be made to the authorities of the country to which he is likely to be deported if refused by the country 

of his choice. 

Field officers may make application directly to the issuing foreign consulate. If such a consulate is 

located within one hundred miles, each detained alien whose travel documentation is expected to prove 

difficult to obtain shall be escorted to the consulate for consular interview. 

In cases where departure is being enforced, passports in Service possession need not be returned. The 

passport is the property of the issuing government and not the alien. However, in cases where 

administrative relief is pending and no final order has been entered, or if entered, enforced departure is not 

contemplated, the passport may be returned at the discretion of the district director. 

A request to a foreign embassy for a travel document shall be made through the Director, Visa Office, 

Department of State, Washington, DC. If the request is to an iron-curtain country, it must be accompanied 

by four copies of the executed questionnaires required by such country. 

When documentation is refused or unduly delayed, a request for assistance shall be addressed as 

follows: If the country concerned is an iron-curtain country, address the request to the Director, Visa Office, 

Department of State, Washington, D.C., 20520. Any other request shall be addressed to the appropriate


Service officer abroad (see OI 103.1(c). If the country is one of which the alien is not a national, citizen, 

subject, or resident, a request for assistance shall not be made. 

A request for assistance shall be accompanied by the following, in triplicate: summary of the facts, 

including the deportation charges; Form I-217; any available birth, baptismal, or foreign military record; signed 

photograph; copy of any travel document; copy of the warrant of deportation; and copy of letter refusing 

issuance of travel document for deportation or copies of correspondence if there is undue delay. 

A request for assistance should also be sent to the INS Representative, INTERPOL - U.S. National 

Central Bureau, U.S. Department of Justice, Alien/Fugitive Unit, Bicentennial Building, Suite 600, 600 E 

Street N.W., Washington, D.C. 20530. Telephone (202) 272-8383, FTS: 272-8383. Include copies of the 

material that had been previously presented to the Consul including I-217, I-213, immigration judge's order, 

fingerprints, and any other identifying documentation that will assist in establishing the nationality of the 

alien. (TM 7/89) 

If, after assistance from the State Department, a travel document request has been denied or acceptance 

of the alien unduly delayed by the country of which he is a national, citizen, subject, or resident, the case 

shall be referred, through the Regional Commissioner, to the Assistant Commissioner, Detention and 

Deportation, regarding invoking the provisions of section 243(g), only if the action of the country involved is 

arbitrary and is part of its pattern to refuse to issue or honor a travel document. Since these provisions are 

now invoked against the USSR, Hungary, and Czechoslovakia, cases involving those countries should not be 

submitted. 

A determination that deportation cannot be effected because a travel document is not available shall not 

be made unless all of the countries indicated in section 243(a) have either declines to issue or unduly 

delayed the issuance of such a document. However, an attempt to obtain a travel document shall not be 

made pursuant to section 243(a)(7) unless a reasonable basis exists to support such an attempt. 

When a travel document cannot be obtained, the reverse of Form I-170 shall be completed and kept in the 

file in accordance with paragraph 16, AM 4252.15. (TM 7/86) 

(2) Canada. Any request for Canadian consent to deport an alien to Canada when required by the 

Reciprocal Arrangement (see Appendix to this OI) shall be submitted to the Service Liaison Officer at 

Ottawa on Form I-270, in triplicate with Form I-217, who will transmit them to the appropriate Canadian 

immigration official and take any necessary steps to expedite decision. When an alien does not appear 

to be returnable to Canada under the Reciprocal Arrangement, but has designated Canada as the 

country to which he wishes to be deported, Form I-217, in triplicate, shall be submitted with Form I-270 to 

the Liaison Officer for presentation. Unused letters for consent shall be returned to the Service Liaison 

Officer in Ottawa with information as to why they were not used. When the alien is a member of the 

Canadian Armed Forces, a copy of the request shall be sent to the Military Attache, NW, Washington, 

DC 20008. Existing procedures used to effect return to Canada when letters of consent are not required 

shall not be disturbed. Any deportee requesting transportation and subsistence to a place other than to 

the port of entry of the receiving country closest, to the port of exit of the deporting country pursuant to 

Paragraph IV of the Arrangement shall execute Form I-271. 

When an unescorted deportee in the United States is placed aboard a vessel or aircraft which will enter 

Canada en route to a third country, the port authorities at the first Canadian port shall be notified prior to the 

entry. If the first Canadian port is unknown, the Service Liaison Officer in Ottawa shall be informed 

expeditiously to enable him to alert the appropriate Canadian authority. 

The Service Liaison Officer in Ottawa may be able to obtain documents and information to assist in 

identifying and obtaining travel documents on crewmen of any nationality who deserted in Canada from the 

centralized Canadian records in Ottawa. 

(3) China. A request for a transit visa to facilitate the deportation of an alien to the mainland of China 

through Hong Kong shall be addressed to the nearest British consulate and shall have attached thereto 

an application form, in duplicate, for entry into or transit through Hong Kong; a British visa application 

card; Form I-269, in duplicate; two additional photographs; a fingerprint chart; and a complete medical 

history if mentally ill or recently discharged from a mental institution. Issuance of the transit visa will 

require approximately five weeks. Two additional photographs and fingerprint charts shall be furnished 

the San Francisco office when the alien is transferred for deportation, 

(4) Hong Kong. A request to the Service officer in Hong Kong to furnish information to facilitate the 

issuance of a Hong Kong travel document shall be submitted on Form I-267.


OI 243.2 Expulsion. 

(a) Transfer of deportees. A deportee shall not be transferred to a port for deportation until advice has been 

received that arrangements have been completed for the deportee's transportation and, if required , custodial 

care and attention en route to and at final destination. Executed Form I-216 shall accompany the deportee. 

If the deportee is an afflicted alien, medical certificate Form I-141, together with a clinical history, shall be 

attached to Form I-216. 

When an unescorted deportee is being transferred, the documents accompanying his shall be enclosed in 

Form I-164. 

(b) Deportation of lepers. The case of any alien afflicted with leprosy shall be handled in accordance with 

the governing regulations and instructions issued by the Surgeon General, United States Public Health 

Service, Department of Health, Education, and Welfare. 

(c) Alien addicts discharged from United States Public Health Service Hospitals. Any alien who has been 

sentenced to imprisonment and has been ordered deported and who has been transferred as an alien addict 

to a hospital of the United States Public Health Service shall be taken into custody upon his discharge from 

such hospital and deported without requiring his return to the penal institution form which he came to such 

hospital. 

(d) Advance notice to Department of State and Service officers abroad. When an alien of the subversive, 

criminal, immoral, or narcotic classes is about to be deported, the nearest Service representative abroad 

(see 01 103.1(c) shall be furnished in advance with pertinent background information, Form I-217, and the 

time, place, and manner of arrival abroad. When a foreign public relations or enforcement problem can be 

anticipated with regard to any deportee, or there is an indication that the deportation will be attended by 

publicity unfavorable to the United States in any place abroad where he will arrive in connection with his 

deportation, the nearest Service representative abroad shall be furnished in advance with the reasons which 

bring the alien within the purview of the foregoing, and with Form I-217, and the time, place, and manner of 

arrival abroad. In addition, in each instance, Field Operations, Visa Office, Department of State, will be 

furnished, in advance, the same information telephonically at one of the following numbers: (202) 632-1915, 

632-2897, 632-2908, 632-1954. 

If, in emergent cases, time does not permit advance notification by mail to the nearest Service 

representative, telegraphic or telephonic facilities shall be utilized. In addition, in each case, a copy of the 

background information and Form I-217 shall be furnished in advance to the Assistant Commissioner for 

Detention and Deportation. 

Notwithstanding the notification requirements mentioned heretofore, if an alien of the classes indicated 

above, or any other alien under escort, precipitates an incident while enroute to, or after arrival at the 

country of destination, the nearest U.S. Embassy or consulate shall be notified immediately by the escorting 

officers and details of the incident furnished. 

Blue page OI 243.2(d) 

(e) Notice to transportation lines. When an alien is placed in detention and he is deportable at the expense 

of a transportation line, it should be served immediately with Form I-284. If the transportation line responds 

and indicates that it will furnish transportation, notification shall be made on Form I-288 when the alien is 

completely ready for deportation. When deportation will be effected at the expense of the transportation line, 

and the alien is not detained, notification shall be made to the line on Form I-288 when the alien is completely 

ready for deportation. If personal care and attendance is required, the notice shall be revised accordingly 

and supplemented with information that the expense incident to employing a suitable person to accompany 

the alien to his final destination shall be defrayed in the same manner as the expense of his deportation. 

(f) Notices to deportees. When a warrant of deportation is issued and the country of deportation has been 

determined, the alien shall be notified on Form I-294 of the country to which he shall be deported. If the 

Form I-294 is served personally, that fact shall be noted on the file copy of the form by the officer making 

service. In the event service is made by mail, "Certified Mail--Return Receipt Requested" is to be utilized, 

and the return receipt attached to the file copy of Form I-294. When completely ready for deportation the 

alien, if not detained, shall be served with Form I-166, requiring his to surrender in not less than 72 hours. 

(g) Notices to foreign consular offices in the United States. When transportation arrangements have been 

completed for the deportation or removal of an alien to a country other than Canada or Mexico, the 

appropriate foreign consular office in the United States shall be notified by the Deportation Docket Control 

Office.


(h) Deportation of Iranian military personnel. The Department of State advises that the Government of Iran, 

upon request, will pay transportation costs incidental to the deportation of Iranian military personnel. In the 

event any difficulty is encountered locally in obtaining such cooperation, the Assistant Commissioner, 

Deportation, is to be notified. 

OI 243.3 Stay of deportation. 

(a) General. When there are compelling humanitarian factors, a district director may grant a stay of 

deportation for such period of time as he/she deems necessary. A stay of deportation under this paragraph 

may be granted by a district director upon his or her own initiative without application being made by the 

alien. 

Until further notice, aliens who are natives and citizens of Vietnam, Laos, or the Khmer Republic 

(Cambodia) will not be forcibly returned to those countries. 

(b) [Removed] (TM 9/86) 

(c) Voluntary waiver of 72 hour waiting period. [Removed 6/24/97; TM 1] 

OI 243.4 Waiver of sanctions imposed pursuant to section 243(g). 

See OI 204.8 for instructions concerning a waiver of sanctions in the case of an alien who is the beneficiary 

of a visa petition. When the Department of State has requested a waiver of sanctions on behalf of an alien 

for whom no petition is filed or is required, those instructions shall be followed to the extent applicable. 

G-352A checks and investigation, if warranted, may be made on the interested party petitioning on behalf of 

the alien. 

OI 243.5 Aliens seeking employment. [Removed 6/24/97; TM 1] 

OI Appendix to OI 243.1(c)(2) 

APPENDIX to OI 243.1(c)(2) 

The Reciprocal Arrangement between the United States Immigration and Naturalization Service and the 

Canada Employment and Immigration Commission for the exchange of deportees between the United States 

and Canada provides: 

I. REQUESTS AND NOTIFICATIONS: 

To provide for the orderly and expeditious return of deportees under this Arrangement between the 

Immigration Services of Canada and the United States, The Service of the deporting country will transmit to 

the administrative head of the other Service, or a designated representative, the following: 

A. A notice of return or a request for consent to return the deportee as specified in Parts II and III of this 

Arrangement containing such identifying and biographical information as may be necessary to establish that 

the deportee is returnable under the terms of this Arrangement; 

B. Advance notice accompanied by a written opinion of a competent authority confirming the need for 

institutional care or treatment should the deporting Service possess evidence to suggest that any deportee 

requires such care or treatment because of a mental or physical condition. The deporting Service will, at the 

same time as notice is given or consent is sought, provide the receiving Service with advance written notice 

of the facts and circumstances of the case. The advance notice will be accompanied by a copy of written 

opinion regarding institutional care or treatment. At the same time, or as soon as is administratively possible 

thereafter, the deporting Service will notify the receiving Service of the deportee's travel arrangements; 

C. In the case of a deportee who is of interest to law enforcement authorities in the receiving country, 

advance notice of the facts and circumstances of the case, including travel arrangements, to facilitate 

procedures at the port of entry; 

D. A written notice of the facts and circumstances of a denial of admission and parole or issuance of a 

minister's permit, whenever an individual is paroled or allowed, pursuant to a minister's permit, into the 

deporting country for legal proceedings or for humanitarian reasons or to permit the individual to apply for 

relief under the immigration laws of the deporting country. Such notice will be given immediately after denial 

of admission and parole or issuance of minister's permit to the immigration official in charge of the port of


entry opposite the port of entry where parole was granted or where the minister's permit was issued. 

E. A written notice of the facts and circumstances relating to an alien authorized by the Immigration Appeal 

Board to return to Canada from the United States for the purpose of appearing before the Board for the 

hearing of the appeal from the removal order issued to that alien. Such notice will be made immediately upon 

the arrival of the individual in Canada, to the immigration official in charge of the opposite port of entry. 

II. NOTICE OR RETURN OF CITIZENS, NATIONALS OR ALIENS: 

1. Citizens or Nationals 

Deportees who are citizens or national of Canada or the United States will be received by their country of 

citizenship or nationality under the terms of this Arrangement. 

Before a citizen or national is returned to Canada or the United States, verbal notice will be given to those 

cases where: 

A. Citizenship or nationality in the receiving country can be satisfactorily established by presentation of a 

birth or baptismal certificate, a certificate of naturalization or citizenship, a valid or expired passport, or other 

verifiable evidence of citizenship or nationality; and 

B. The deportee does not require institutional care or treatment because of a mental or physical condition. 

In the case of a citizen or national deportee who requires institutional care or treatment because of a mental 

or physical condition, written notice will be given to the receiving country. 

2. Aliens 

A. Aliens of the receiving country, who proceeded directly from the receiving country to the deporting 

country and were paroled or allowed under the authority of a minister's permit into the deporting country, will 

be permitted to return to the receiving country under the terms of this Arrangement provided verbal notice is 

given to be receiving country within one year of revocation or expiration of such parole or minister's permit or 

from the date of a final order of deportation, whichever is the later. 

B. An alien, as described in Part III, paragraph 2., Authorized by the Immigration Appeal Board to return to 

Canada from the United States for the purpose of appearing before the Board for the hearing of the appeal 

from the removal order issued to that alien will be permitted to that alien will be permitted to return to the 

United States provided: 

(i) the alien met the requirements of Part III of paragraph 2a. and b. at the time the removal order was 

made; and 

(ii) verbal notice is given to the United States Immigration and Naturalization Service upon the Alien's 

departure from Canada at the conclusion of the hearing. 

III. CONSENT TO RETURN ALIENS: 

Any of the classes of aliens hereinafter defined, even though such persons would be subject to deportation 

by the receiving subject to deportation by the receiving country, will be permitted to return to Canada or the 

United States under the terms of this Arrangement provided: 

1. The alien was admitted to the receiving country for permanent residence and: 

a. The alien has not abandoned such residence by residing in a third country; and 

b. The alien proceeded directly from the receiving country to the deporting country and was not admitted for 

permanent residence at that time; and 

c. Formal request is made for consent to return the alien within one year from the date of a final order of 

deportation; and 

d. The alien came into the deporting country on or subsequent to August 1, 1949, or 

2. The alien was not admitted to the receiving country for permanent residence but:


a. The alien was denied admission at a port of entry and was ordered removed from the deporting country; 

and 

b. The alien proceeded directly from the receiving country to the deporting country; and 

c. Formal request for consent to return the alien is made within one year from the date of a final order of 

removal. 

Before a deportee described in paragraphs 1 or 2 above is returned to Canada or the United States, a letter 

consenting to such return will first be obtained form the receiving Service. 

A deportee described in paragraph 2 above will be permitted to return to the United States or Canada under 

the terms of this Arrangement, provided appropriate arrangements are made in the receiving country for a 

deportee who requires medical evaluation or institutional care or treatment. The receiving Service will 

undertake to arrange appropriate reception as expeditiously as possible. 

IV. TRANSPORTATION AND SUBSISTENCE: 

The deporting Service will furnish a deportee with transportation and subsistence to the port of entry of the 

receiving country closest to the port of exit of the deporting country. Where, however, a deportee does not 

have sufficient funds to travel to the deportee's last place of residence in the receiving country at the 

person's own expense, the deporting country will furnish transportation and subsistence to the last place of 

residence. In exceptional and meritorious cases, transportation and subsistence may be provided to such 

other place as is acceptable to the deporting Service, provided the receiving Service has no objection to the 

substitution. 

Where a transportation company is liable to carry the deportee, the deportee will be carried to such place as 

is required by law. 

V. VOLUNTARY DEPARTURE: 

The return of persons granted voluntary departure as defined in Part X of this Arrangement is not governed 

by Parts II or III of this Arrangement. Whenever possible, however, such a person will be required to enter 

the receiving country at the port of entry which is nearest t the place of final destination in the receiving 

country. 

VI. PORTS OF ENTRY: 

Any deportee returned as provided for in Parts II and III of this Arrangement will be presented to any of the 

ports of entry listed hereunder for examination or inspection: 

CANADA 

Aldergrove, British 

Columbia 

Armstrong, Quebec 

Beaver Creek, Yukon 

Territory 

Blackpool, Quebec 

Calgary International 

Airport, Calgary, 

Alberta 

Cornwall, Ontario 

Coutts, Alberta 

UNITED STATES 

Alcan, Alaska 

Baltimore/Washington 

International Airport 

Baltimore, Maryland 

Bangor, Maine 

Bar Harbour, Maine 

Blaine, Washington 

Boston, Massachusetts 

Buffalo, New York 

Calais, Maine 

Douglas, British Calgary International


Columbia 

Edmonton International 

Airport, 

Edmonton, Alberta 

Edmundston, New 

Brunswick 

Emerson, Manitoba 

Fort Erie, Ontario 

Airport (Pre-Flight 

Inspection) 

Champlain, New York 

Cleveland Airport, 

Cleveland, Ohio 

Derby Line, Vermont 

Detroit, Michigan 

Fort Frances, Ontario 

Fredericton Airport 

Fredericton, New 

Brunswick 

Eastport, Idaho 

Edmonton International 

Airport 

Halifax International (Pre-Flight Inspection) 

Airport, Halifax, 

Nova Scotia 

Frontier, 'Washington 

Hamilton Civic Airport, 

Hamilton, 

Ontario 

Highwater, Quebec 

Huntingdon, British 

Columbia 

Kingsgate, British 

Columbia 

Highgate Springs, Vermont 

Houlton, Maine 

International Falls, 

Minnesota 

Ketchikan, Alaska 

Lynden, Washington 

Lansdowne, Ontario 

London Airport, 

London, Ontario 

Mississauga, Ontario- 

Pearson International 

Airport, 

Terminals 1 and 2 

Madawaska, Maine 

Massena, New York 

Minneapolis, Minnesota 

Montreal International Airport, 

Dorval, Quebec 

Montreal Internation- (Pre-Flight Inspection) 

al Airport, Dorval, 

Quebec 

Montreal International 

Airport, Mirabel, 

Quebec 

Niagara Falls, 

Ontario 

New York, New York 

Niagara Falls, New York 

North Troy, Vermont


North Portal, 

Saskatchewan 

Osoyoos, British 

Columbia 

Ottawa International 

Airport, Ottawa, 

Ontario 

Phillipsburg, Quebec 

Prescott, Ontario 

Prince Rupert, 

British Columbia 

Quebec International 

Airport, Quebec, 

Quebec 

Regina Airport, 

Regina, Saskatchewan 

Norton, Vermont 

Noyes, Minnesota 

Ogdensburg, New York 

Oroville, Washington 

Pittsburgh, Pennsylvania 

Port Angeles, Washington 

Port Huron, Michigan 

Portal, North Dakota 

Portland, Maine 

Raymond, Montana 

Rock Island, Quebec 

Sault Ste. Marie, Michigan 

Saint John Municipal 

Airport, Saint John, 

New Brunswick 

St. Leonard, New 

Brunswick 

St. Stephen, New 

Brunswick 

Seattle, Washington 

Sumas, Washington 

Sweetgrass, Montana 

Syracuse, New York 

Sarnia, Ontario 

Saskatoon Airport 

Saskatoon, 

Saskatchewan 

Sault Ste. Marie, 

Ontario 

Stanhope, Quebec 

Thousand Island Bridge, 

New York 

Toronto, Ontario, Canada- 

Pearson International 

Airport, Mississauga, 

Ontario 

(Pre-Flight Inspection) 

(Formerly Toronto 

International Airport) 

Thunder Bay, Ontario 

Vancouver International 

Airport, 

Vancouver, British 

Columbia 

Victoria, British 

Columbia 

Vancouver International 

Airport 

(Pre-Flight Inspection)


Windsor, Ontario 

Winnipeg International 

Airport, 

Winnipeg, Manitoba 

Woodstock, New 

Brunswick 

Washington, District of 

Columbia (Dulles 

International Airport) 

Winnipeg International 

Airport (Pre-Flight 

Yarmouth, Nova Scotia Inspection 

VII. OFFICIAL RECORDS AND PRIVACY CONSIDERATION 

A. The United States Immigration and Naturalization Service may use the information supplied by the 

Immigration Service of Canada for the purpose of ascertaining whether the deportee is wanted by U.S. law 

enforcement authorities; it may further provide to such authorities information supplied by the Immigration 

Service of Canada pursuant to this Arrangement for the said purpose and to facilitate the apprehension of 

the deportee by proper law enforcement authorities. 

B. The United States Immigration and naturalization Service will not use or disclose information supplied by 

the Immigration Service of Canada for a purpose or to an authority other than specified in this Arrangement 

without the written consent of the Immigration Service of Canada. 

VIII. CONSULTATION AND AMENDMENT PROVISIONS: 

The Parties agree to discuss matters which are the subject of this Arrangement and to make any 

amendments considered appropriate. Any disputes or issues of interpretation will be resolved by mutual 

agreement of the Parties. 

IX. TERMINATION PROVISION: 

This Arrangement remains in full force and effect unless terminated in writing. This Arrangement may be 

terminated by either Party by giving written notice to the other Party at least one year prior to such 

termination. 

X. DEFINITIONS: 

The following terms are defined for the purpose of this Arrangement only, and like terms have a like 

meaning: 

CANADA 

UNITED STATES 

ADMISSION 

Lawful permission to 

come into Canada as a 

visitor or to establish 

permanent 

residence. 

Lawful permission for an 

alien to enter the United 

States. 

ALIEN 

Any person who is not 

a Canadian citizen. 

Any person who is not a 

citizen or national of the 


DEPORTEE 

Any of the persons des- 

cribed in Parts II and III 

Any of the persons 

described in Parts II


and III of this 

Arrangement. 

of this Arrangement. 

ENTRY 

Any coming of an alien 

into the United States, 

from a foreign port or 

place or from an outly- 

ing possession, whether 

voluntarily or otherwise, 

except that an alien hav- 

ing a lawful permanent 

residence in the United 

States shall not be re- 

garded as making an entry 

into the United States for 

the purposes of the immi- 

gration laws if the alien 

proves to the satisfaction 

of the Attorney General 

that departure to a fore- 

ign port or place or to 

an outlying possession was 

not voluntary: Provided, 

that no person whose departure 

from the United 

States was occasioned by 

deportation proceedings, 

extradition, or other 

legal process shall be 

held to be entitled to 

such exception. 

Lawful permission to 

come into Canada as a 

visitor. Visitor 

means a person who is 

lawfully in Canada, or 

seeks to come into 

Canada for a temporary 

purpose, other than 

a Canadian citizen, a 

permanent resident, a 

person in possession 

of a minister's permit, 

or an immigrant 

authorized to come 

into Canada pursuant 

to paragraph 14(2)(b), 

23(1)(b), or 32(3)(b) 

of the Immigration 

Act, 1976, as amended. 

EXCLUSION 

A formal determination 

of inadmissibility. 

A formal determination of 

inadmissibility. 

FINAL ORDER OF REMOVAL 

A signed exclusion order 

or deportation order ready 

for execution and unimped- 

ed by legal challenge. 

A Signed exclusion 

order or deportation 

order not stayed pursuant 

to the Immigration 

Act, 1976, as 

amended. 

LEGAL PROCEEDINGS 

All proceedings authorized 

or sanctioned by law and 

brought or instituted in a 

court of record or admin- 

istrative tribunal for the 

recognition of a right or 

an enforcement of a 

remedy. 

All proceeding authorized 

or sanctioned 

by law and brought or 

instituted in a court 

of record or administrative 

tribunal for 

the recognition of a 

right or an enforcement 

of a remedy. 

MINISTER'S PERMIT/ 

PAROLE 

A valid and subsist- 

An exercise of discretion-


ary authority of the 

Attorney General to permit 

an inadmissible alien to 

come into the United 

States for emergent rea- 

sons, or for reasons deem- 

ed strictly in the public 

interest. 

ing written permit, 

issued at the discretion 

of the Minister 

of Employment and 

Immigration or a delegate, 

authorizing an 

inadmissible person to 

come into and remain 

in Canada. 

PERMANENT RESIDENT/ 

PERMANENT RESIDENCE 

The status of having been 

lawfully accorded the 

privilege of residing per- 

manently in the United 

States as an immigrant in 

accordance with the immi- 

gration laws, such status 

not having changed. 

A person lawfully admitted 

for permanent 

residence, who has not 

become a Canadian 

citizen and has not 

ceased to be a permanent 

resident. 

REMOVAL ORDER 

An exclusion order or 

a deportation order. 

An exclusion order or a 

deportation order. 

VOLUNTARY DEPARTURE 

Permission to depart Authorization for a person 

Canada voluntary to depart the United 

granted to a person: States prior to the coma. 

Against whom a re- mencement of deportation 

moval order has proceedings or subsequent 

been made; or 

to a deportation hearing. 

b. Who has been issued 

a departure notice; 

or 

c. Who has become the 

subject of a direction 

for inquiry 

or has been arrested 

for inquiry. 

XI. EFFECTIVE DATE: 

This Arrangement will be effective on its signature by authorized representatives of the Parties. The present 

Arrangement will supersede the Arrangement for the Exchange of Deportees between Canada and the United 

States, of August 1, 1949. 

DONE is duplicate this 24the day of July A.D., 1987 at Williamsburg, Virginia, United States of America, in 

English and in French, each language version being equally authentic." 

FOR THE UNITED STATES 

IMMIGRATION AND NATURALIZATION SERVICE, 

DEPARTMENT OF JUSTICE 

S/ Alan C. Nelson 

Commissioner


FOR THE CANADA EMPLOYMENT AND IMMIGRATION COMMISSION 

S/ James B. Bissett 

James B. Bissett, 

Executive Director, 

Immigration


OI 244 Suspension of deportation and voluntary departure. [Removed 6/24/97; 

TM 1]


OI 245 Adjustment of status to that of person admitted for permanent 

residence. 

OI 245.1 

OI 245.2 

OI 245.3 

OI 245.4 

OI 245.5 

OI 245.6 

OI 245.7 

OI 245.8 

OI 245.9 

Eligibility 

Processing 

Medical examination and Service 

interview 

Request for immigrant visa number 

Adjudications 

Terminal processing 

Derivative beneficiaries of adjusted 

principal 

Procedures in other types of special 

casee 

Employment 

OI 245.1 Eligibility. 

(a) General. Entry as a nonimmigrant, with or without a visa (except a crew-man or a transit without visa), 

an immigrant, a United States citizen when such entry was not obtained on the basis of a willful balse claim 

to citizenship, or parolee under 8 CFR 212.5 will support an application under section 245. Although the 

requirement that the applicant establish that he/she was admitted as a bona fide nonimmigrant has been 

deleted, admission as a mala fide nonimmigrant shall be considered with other factors in determining whether 

favorable discretion will be exercised. An otherwise eligible alien who is unlawfully in the United States and 

who has not heretofore filed a section 245 application shall normally be afforded an opportunity to file such 

an application prior to the institution of deportation proceedings. An application filed under section 245 may 

be filed concurrently with a visa petition Form I-130 or I-140 if approval of the visa petition would make a visa 

immediately available. A section 245 application and visa petition filed concurrently shall be considered 

simultaneously at the time of the required section 245 interview. 

Upon receipt of Form G-361 from the Visa Control Office stamped "Complete Processing" (see AM 2761) 

relating to the beneficiary of an approval petition granted voluntary departure until an immigrant visa number 

is available pursuant to OI 242.IO(b)(1), the file should be examined to ascertain whether the required labor 

certification in support of the petition is of limited or indefinite validity. If it is of limited validity it shall be 

considered to be revalidated indefinitely provided it is established that there has been no significant change 

in the proposed employment conditions and intentions of the employment conditions and intentions of the 

employer and beneficiary (for procedure to be followed see OI 245.29(c)93)). When and if the certification is 

revalidated in such a case, and in any other case in which Form G-361 stamped "Complete Processing"is 

received from the Visa Control Office, the beneficiary shall be furnished Forms I-485, G-325A, and FD-258 

and shall be notified by use of Form I-487 or Form I-72 that he/she may apply for status as a permanent 

resident. When he/she applies, his/her case shall be processed under the preference indicated by the 

approved petition if an immigrant visa number is "immediately available" for that preference within the meaning 

of 8 CFR 245.1(g). However, if the current Visa Office Bulletin on Availability of Immigrant Visa Numbers 

indicates a preference immigrant visa number is not immediately available but a nonpreference number is, the 

application shall be processed as a nonpreference case. 

Forms DSL-852A and FS-497A shall be distributed to any alien in the United States who is statutorily 

ineligible for adjustment of status and who inquires concerning procedures to be followed in applying for an 

immigrant visa. 

(b) Members of the U.S. Armed Forces. An alien whose enlistment or induction into the United States Armed 

Forces occurred within the United States, the Canal Zone, American Samoa or Swains Island should be


advised that an application for adjustment of status may not be necessary because a lawful admission for 

permanent residence is not required for the naturalization of a person who serves honorably in the United 

States Armed Forces during a period specified in section 329. 

OI 245.2 Processing. 

(a) General. Upon receipt, an application filed in person shall be reviewed to determine whether it has been 

properly filed (signed by applicant, correct fee submitted, and visa available), whether it is complete, and 

whether prima facie eligibility has been established. If an applicant is subject to the provisions of section 

212(e), the applicant shall not be considered prima facie eligible for adjustment unless a letter or other 

evidence of approval of the two-year foreign residence requirement is presented. If prima facie eligibility is 

not established, the application shall be rejected. If prima-facie eligibility is established, the applicant shall 

be interviewed on the same day, or shall be scheduled for an interview approximately sixty but no more than 

ninety days later. The applicant shall be furnished notice of the date and of the time of the interview, as well 

as information regarding the required medical examination (Medical Examination and Immigration Interview, 

form I-486). An application received by mail accompanied by the proper fee shall be immediately reviewed 

upon receipt in Examinations. The interview shall be scheduled and the applicant notified in accordance with 

the above guidelines. An application submitted without fee or without signature should be returned to the 

applicant by RA&I (AM 2793.24) and shall not be routed to Examinations. (TM 4/86) 

When Examinations determines that an application has not been properly filed because a visa is not 

available and that availability of a visa cannot be achieved by approval of a visa petition or issuance of a 

labor certification, the application shall not be returned to the applicant; instead, he/she shall be sent an 

explanatory notice of rejection with such other advice as may be appropriate and shall be informed that a 

refund of his/her fee is being considered. See paragraphs (b-1) and (c) for action to be taken when approval 

of a visa petition or issuance of a labor certification would make a visa available. An application which does 

not establish prima facie eligibility, such as those filed by crewman or transits without visas, shall be denied. 

Form I-468 shall be maintained in each case. 

For availability of foreign document see OI 204.2. 

(b) Denial for lack of prosecution. Whenever the district director has jurisdiction over an application for 

status as a permanent resident and a request for additional information, documents or other evidence, or to 

appear for an interview deemed necessary before adjudication can be made is returned to the Service by the 

postal authorities as undeliverable after having been sent to the last address furnished by the applicant, the 

application shall be denied for lack of prosecution if there is no apparent address through which the applicant 

may possibly be reached with a second request. 

(b-1) Visa petition and application for adjustment of status received simultaneously. If a visa petition and 

Form I-485 are received simultaneously, or a combined visa petition/application for adjustment is received on 

Form I-130E/I-485H, the Form I-485 or I-485H may be retained and processed only if approval of the visa 

petition Form I-130, I-140, or I-130E would make a visa immediately available. (See 22 CFR 42.21 concerning 

documentation of aliens as immediate relatives.). A visa petition Form I-130 or I-140 received simultaneously 

with Form I-485 or a combined petition/application filed on Form I-130E/I-485H shall not be adjudicated 

separately but shall be adjudicated concurrently at the I-485/I-485H interview. If a visa petition has not 

previously been approved, and the application for adjustment is submitted unaccompanied by a visa petition 

which would confer upon the applicant a classification for which he/she appears prima facie eligible and which 

would make a visa immediately available the Form I-485 shall be returned to the applicant and he/she shall be 

informed concerning his/her eligibility to file Form I-485 if a prima facie approvable petition is filed with the 

Form I-485. If a prima facie approvable petition is filed with the returned Form I-485, the petition and 

application will then be processed in accordance with OI 245.2(a) 

(b-2) A visa petition may be adjudicated by a trial attorney if related to an initial or renewed section 245 

application made after an order to show cause has been served. 

(c)Labor Department Certification in section 345 cases. 

(1) Nonpreference applicants. Form I-485 and supporting documents shall be returned with appropriate 

instructions to a nonpreference applicant who is subject to the certification requirement of section 

212(a)(14) if he/she has failed to submit the Statement of Qualifications of Alien form, or that form 

accompanied by Job offer for Alien Employment form and Job offer for Alien Employment form bearing 

the labor certification, he/she shall be informed that if the Department of Labor denies the application for 

certification he she should resubmit his /her Form I-485 with advice to that effect, so that consideration 

may be given to a refund of the filing fee.


The procedure described in the preceding paragraph shall not be followed when the nonpreference 

applicant submits with his/her application a copy of the notice from the Employment and Training 

Administration or from a United States consular office indicating that a labor certification has been 

issued and sent to or received by the consular of office. In such a case, as part of the initial 

processing if the applicant appears otherwise primafacie eligible for adjustment, a request shall be sent 

to the consular office for prompt transmittal of the certification for use in connection with the application 

for adjustment. 

Form I-520A may be used to obtain an advisory opinion of the applicant's occupational qualifications 

from the employment and Training Administrations from the Employment and Training Administration when 

an occupational status in Schedule A is being claimed and when such opinion is deemed essential. 

When Form I-520A is forwarded to the Employment and Training Ad,ministration, it shall be accompanied 

by Statement of Qualifications of Alien and Job Offer for Alien Employment forms and supporting 

documents. Form I-520B shall be forwarded simultaneously to the applicant. 

(2) Validity of labor certification. Labor certifications are valid indefinitely unless invalidated by the 

Service or an American consular officer upon a finding of fraud or misrepresentation of a material fact 

involving the application for the labor certification. 

In a third or sixth preference or a nonpreference case, when adjustment of status will be granted more 

than 16 months after actual issuance of the certification, Form I-71 shall be used to confirm the 

employer's intention to employ or continue employment of the alien. 

In a nonpreference, third or sixth preference case supported by an individual labor certification which did 

not require a job offer, if the Statement of Qualifications of Alien form, shall be forwarded to the 

Employment and Training Administration, requesting return of the enclosure with advice as to whether the 

individual labor certification is considered valid at the place where the alien is presently residing. Form 

I-520B shall not be sent to the applicant, petitioner or attorney in such a case. 

(d) Agency checks - Form G-325A. 

(1) General. FBI, CIA and consular checks on Form G-325A, in other than Hong Kong, Taiwan and India 

job offer cased (see (OI 105.10), shall be requested promptly during initial processing of each 

adjustment application. An FBI identification check shall not be requested for an applicant who is more 

than 79 years of age. An applicant who has not reached his/her 14th birthday is not subject to these 

checks. In Hong Kong, Taiwan and India job-offer cases, the Service office will defer action on the 

application until the results of the investigation required by O.I. 245.3(b) have been received from the 

investigating INS office together with Forms G-325A, the nonimmigrant visa application (OF-156) and any 

comments provided by the consular officer. (See O>I. 105.10(b)) 

In cases involving adjustment applications under the provisions of the Act of October 28, 1977, CIA 

101 or 104 of that Act who were not processed through a refugee center and paroled into the United 

States under section 212(d)(5) of the Immigration and Nationality Act. 

In cases involving adjustment applications under the provisions of the Cuban Adjustment Act of 1966, 

CIA checks shall be made only for applicants who were not processed for CIA checks by the Service 

during the 1980 Mariel boatlift and subsequently paroled into the United States. 

In a section 245 case in which the applicant is an immediate relative or a special immigrant, or in 

which the Visa Office Bulletin indicates a visa number is available to the applicant, in a section 1 Cuban 

case (Act of November 2, 1966) and in a section 13 case (Act of September 11, 1957), sheet 4 of Form 

G-325A ( See OI 105,10) shall be forwarded to the consular post at which the subject's entry visa was 

issued. In Indochinese refugees adjustment cases, consular checks were made only for an applicant 

under section 101 and 104 of the Act of October 28, 1977, who was not processed through a refugee 

center and paroled into the United States under section 212(d)(5) of the IMmigration and Nationality Act, 

and who obtained a nonimmigrant visa from a consular post in a country other than Vietnam, laos, or 

Cambodia. 

Upon receipt of the Form G-325A, the consular office will immediately check its internal records and 

other readily available sources. If the consular office has reason to believe that a ground of ineligibility 

may exist or that adverse information may be developed from any source, a cable to that effect will be 

promptly dispatched to the Service office from which the Form G-325A was received, Upon receipt of 

such a cable, the Service office will defer acting on the application until the Form G-325A, is returned by 

the consular office with the adverse information or evidence, if any.


If, upon receipt of Form G-325A, a consular office determine that there is no reason to believe that a 

ground of ineligibility may exist or that adverse information may be developed from any source, the Form 

G-325A request is not received within 60 days from the date of the request, the check shall be 

considered to have been made with negative results and the application processed on that basis. The 

foregoing instructions are not applicable to G-325A requests addressed to the Director, Visa Office, 

Department of State. That office will continue to return sheet 4 to the originating Service office after the 

requested check has been made. 

(2) Request for consular check of criminal or other records. When a Service office desires that other 

than a normal check be made, e.g., that criminal or other records be checked, the request shall be 

clearly stated on the Form G-325A and whatever supplementary information or documentation the 

consulate will require to comply with the request shall be forwarded attached to the Form G-325A. For 

example, if a special request is made in the case of an applicant who has resided in Germany, Italy or 

Greece, Form I-484 executed by the applicant shall be attached to the Form G-325A. 

(3) Consular posts. The list of visa issuing posts contained in Exhibits I and II of Appendix B/C/E to 

Vol 9 - Visas of the Foreign Affairs Manual shall be used to determine the Consular Office having 

jurisdiction. 

(4) Parolees. When the file reflects that the applicant arrived in the United States as a parolee pursuant 

to advance authorization of parole issued while the alien was abroad and that Form I-512 was issued in 

accordance with OI 212.5(c) only after a check had been made with the American consul for any 

adverse information, Form G-325A shall not be submitted to the consul. In such a case, a memorandum 

signed by the adjudicator shall be place in the file stating the reason why Form G- 325A was not 

submitted to the consul. 

(5) Mailing of Form G-325A. Form G-325A being sent to an embassy or consulate in Canada or Mexico 

shall be sent directly by airmail. Form G-325A being sent to the embassy at Manila shall be for warded 

by airmail in an envelope addressed to the Consular Section, American Embassy, APO San Francisco, 

California 96528. Those forms going to embassies and consulates in other countries shall be sent , also 

by airmail, to the Diplomatic Pouch room, Department of State, Washington, D. C. 20520, for forwarding 

in accordance with the procedure in item 3b, AM 279993.13. 

(6) Returned applications. When examination of Form I-485 indicates that it has been prepared properly 

and that the beneficiary is prima facie eligible and a visa petition has been approved or is not required 

but the application must be returned for additional documentation or information, the Form I-485 shall be 

returned to the applicant However, Form G-325A shall be executed and forwarded. The application 

should be counted statistically as "returned." No other processing shall be instituted in such cases until 

the applicant resubmits Form I-485 in an acceptable form with the requested documents or information. 

(e) Foreign officials. The use of Form I-88 is no longer necessary in connection with the application of an A, 

G, or NATO nonimmigrant for adjustment under section 245 of the Act. In the case of an applicant for 

adjustment under section 13, Act of September 11, 1957, however, Form I-88 must be prepared and sent to 

the Department of State to ascertain whether it has any objection to the granting of the alien's application for 

adjustment under that section. The Department of State response will also furnish information concerning the 

applicant's classification and employment as a government official and the duration of that employment. 

(f) Applicant under deportation proceedings. 

If the initial or renewed application under the provisions of the Act of October 28, 1977 is made after an 

order to show cause has been served, the decision thereon will be made by an immigration judge, or the 

Board of Immigration Appeals if the immigration judge's order is appealed. In an application for adjustment 

over which the immigration judge has jurisdiction, after the alien course of the deportation proceeding and 

any required investigation has been completed, if the general attorney finds that the the alien is not 

statutorily ineligible and that the facts do not warrant disapproval as a matter of discretion he/she shall so 

inform the immigration judge. The general attorney shall assure that all prerequisites for granting permanent 

resident status as outlined in OI 245.5(c) have been met, and shall so inform the immigration judge. An 

applicant who has filed or renewed his/her application before an immigration judge shall not be interviewed by 

Examinations concerning the application, and the district director's signature shall not be entered on Form 

I-181 in such case. (TM 12/86 

If the application is approved, the immigration judge will issue a written form order reflecting the grant of 

permanent resident status at the conclusion of the hearing. This form order will then become part of the 

record of proceeding UPon receipt of this written order, Service personnel will complete the processing of


Form I-181. The "DD" line in the action block shall be filled in with the notation "by order of immigration judge 

(name)". The "district" line of the action block shall be filled in with the district office where the judge's order 

was given. After these steps are completed, the I-181 should be reviewed by an immigration officer and, if 

correctly filled out, stamped in the right half of the action block with the District Director's approval stamp, 

indicating the date on which the Form I-181 was processed. The immigration officer will also sign the 

"Recommended by" block at this time, indicating the information on the form has been verified. Once these 

steps are completed, Forms I-181 and I-89 are to be forwarded to the IMDAC facility for processing. 

OI 245.3 Medical examination and Service interview. 

(a) General. Medical Examination and Immigration Interview, Form I-486, shall be used to notify applicants 

to appear for the medical examination and Service interview. The procedure establish for medical 

examinations and immigration interviews shall be strictly adhered to unless a modification for any area is 

authorized by the Central Office pursuant to the request of the district director and recommendation of the 

regional commissioner. If a modification is authorized, Form I-486 shall be appropriately revised and, if 

necessary, an instruction sheet concerning the medical examination and interview may be reproduced locally. 

The Form I-486 should show the name and address of the civil surgeon who will perform the medical 

examination if there is only one civil surgeon in the locality. When there is more than one civil surgeon in the 

locality, a list of their names and addresses shall be attached to the Form I-486 so that the applicant may 

select the one he prefers. The applicant must arrange with the civil surgeon for the completion of the 

medical examination within the time specified by the Service. 

If deemed desirable, a local form notice may also be attached to the Form I-486 to insure that the 

applicant understands that he must make immediate arrangements for any required X-ray, and serology test; 

that he must bring the X-ray, physician's report interpreting the X-ray, and serology report when he appears 

for his medical examination; that the X-ray, serology test, and medical examination are at his expense; that 

he is to obtain the report of medical examination from the examining physician and bring it with him when he 

appears for his interview at the immigration office, and that he is to appear for that interview at the appointed 

hour only. X-rays are not required of pregnant women if the results of a tuberculin skin test are negative. 

(TM 2/83) 

The district director shall furnish the civil surgeon with a supply of Form FS-398 and assure that the 

medical examination is limited to those matters relevant to the alien's admissibility. 

If the applicant is free of disqualifying medical defects, the civil surgeon will endorse the Form I-486A and 

will hand it to the alien with the X-ray and other pertinent laboratory reports in a sealed envelope for delivery 

to the Service at the time of interview. The endorsed Form I-486A shall be placed in the applicant's file. The 

medical examination shall be considered valid for a period of one year from the date of examination. The 

applicant shall be asked whether he would like to retain the X-ray and laboratory reports, and they shall be 

returned to him if he so desires. Otherwise, they shall be destroyed. The application will be adjudicated on 

the basis of the civil surgeon's finding when the alien is free of disqualifying medical defects. (TM 2/83) 

When the alien is not free of disqualifying medical defects, the civil surgeon will hand the completed 

copies of FS-389 to the alien with the X- ray and other pertinent laboratory reports in a sealed envelope for 

delivery to the Service at the time of interview and final adjudication shall be held in abeyance until the 

findings of the Director, Division of quarantine, Center for Prevention Services, Center for Disease Control, 

Atlanta, Georgia 30333, are received. 

Medical examination of an applicant paroled into the United Stated under section 212(d)(5) of the Act, who 

was medically examined when processed for parole by a Service officer in the United STates or abroad, shall 

not be required unless there were medical grounds for exclusion when the applicant was processed for parole 

or there presently appears to be such grounds. If the file indicates that an applicant for adjustment of status 

under the Act of October 28, 1977 was processed through one of the relocation camps (Guam, Camp 

Pendleton, CA, Fort Chaffee, AR, Indiantown Gap, PA, Eglin AFB, FL), the required medical examination shall 

be considered to have been performed and shall not be required unless medical grounds for exclusion are 

apparent. 

Although a medical examination may have been conducted for an applicant under the Cuban Adjustment 

Act who was processed through one of the Service's relocation camps, a new medical examination must be 

submitted with any adjustment of status application. (TM 3/85) 

(a-1) Psychiatric examination. When psychiatric examination of an applicant for adjustment of status is 

determined necessary, the applicant may be examined by any psychiatrist of his choice who has been 

certified by the American Board of Psychiatry and Neurology. However, there is no objection to having a


district director reach an understanding with regard to fees with individual Board-certified Psychiatrists 

affiliated with a medical facility which has been selected by the district director for examination of aliens 

pursuant to 8 CFR 234.2(b), located in areas convenient to the alien's place of residence. Where such an 

understanding has been reached, the alien may be informed thereof, but shall also be informed that he is free 

to select any Board-certified psychiatrist of his choice. 

The examining psychiatrist shall be required to submit the report of his examination to the Service office 

having jurisdiction over the case. If the report indicates the alien is suffering from any mental disability, it 

shall be forwarded to the Director, Foreign Quarantine Program, Center for Disease Control, Atlanta, Georgia 

30333, for determination as to whether a Class A or other medical certificate will be issued. 

(b) Interview. Section 245 interviews will be conducted under the One-Step procedure unless a supervisory 

examiner authorizes the deferral of an interview because of the complexity of a case or for another 

substantive reason. The adjudicator shall conduct the interview prior to the acquisition of an existing A file 

or other records unless there is reason to believe that a record may contain information which is essential for 

the interview. In Service offices having Master Index Remote Access (MIRAC), a record check may be 

completed prior to the interview. After the completion of the interview, records which may exist in another 

Service office will be requested within 48 hours. In order to insure completion of a case within 60 days of 

filing, a supervisory examiner may authorize a telephonic request for the relating record. 

Unless a case involves complex questions of fact or law, the adjudicator shall complete an interview of an 

individual or family group within a period of 15-30 minutes. IN no event may an interview exceed 30 minutes 

without the authority of a supervisory immigration examiner. Supervisory Immigration Examiners are 

accountable for insuring that subordinates under their supervision conduct prompt and efficient interviews 

and that cases are completed in a timely manner. 

All applicants, regardless of age must a[[ear at the interview. A Form I-89, (ADIT Card Data Collection 

Card) containing the required fingerprint shall be completed for each applicant. The interview shall be 

conducted in the office adjudicating the application, unless this is impractical because of distance, health, or 

advanced age. 

Interviews shall be structured to verify the identity of the applicant, clarify and update the required 

information, review the applicant,s eligibility for status as a lawful permanent resident, and examine other 

facts relevant to the adjudication of the application and any concurrently filed visa petition. Except for 

affirmation of the truthfulness of the information contained on the application, it will normally be unnecessary 

to directly question dependent children under the age of 14. Questions directed to the applicant shall be 

abbreviated if possible, and take into consideration the applicant's educational level and facility with the 

English language. For example, in the absence of any adverse information, a person fully fluent in english 

may be asked if he or she has read and understands the paragraphs enumerating the grounds of exclusion 

and if ny of these grounds are applicable to him or her. Conversely, when it is likely that the applicant would 

not understand the enumerated exclusion and if any of these grounds are applicable to him or her. 

Conversely, when it is likely that the applicant would not understand the enumerated exclusion grounds, it 

would be necessary to review them individually and very carefully with the applicant. 

Experience has demonstrated that most applicants who file properly documented applications are eligible 

for adjustment of status. The appearance interview should be conducted primarily to identity the clearly 

approvable cases quickly and to complete processing. When an interview discloses a complex array of fats 

or interpretation of law or involves adverse factors, the adjudicator, with supervisory approval, shall remove 

the proceeding from the one Step procedure. The interview discloses a complex array of facts or 

interpretation of law or involves adverse factors, the adjudicator, with supervisory approval, shall remove the 

proceeding form the On Step procedure. The interview should be completed on the same day, but may be 

rescheduled if conditions in a given Service office so dictate. The applicant's admission that he or she 

engaged in unauthorized employment, was government, was governmentally sponsored admissible as a result 

of not meeting a technical requirement of law shall not be a cause for removing an application from the 

ONe-step process. The applicant's admission to one or more of these elements shall be obtained in a short 

narrative statement signed by the applicant. 

If the appearance interview discloses the need for a more detailed and thorough examination, and 

adjudicator shall obtain the approval of his or her supervisor before continuing or scheduling the interview for 

a later date. If there is an indication that the applicant has obtained a nonimmigrant visa or admission to the 

United States to circumvent the application process for an immigrant visa, the adjudicator shall question the 

applicant's true purpose in coming to the United States and the length of time he had intended to remain in 

this country when he applied for the nonimmigrant visa; what he told the consular officer when he applied for 

the visa; the applicant's explanation of any discrepancy between the true purpose and intended length of 

stay and what he told the consular officer; when and why the applicant decided to remain in the United


States permanently; and any facts which have a bearing on the question of whether the visa was obtained 

by fraud or misrepresentation. When the information elicited during the interview will be used as the basis for 

denial of the application or will constitute the basis for further shall be recorded in a narrative affidavit or a 

question and answer statement. 

If the evidence clearly establishes that the visa was obtained by fraud or misrepresentation, the 

application shall be denied, unless the applicant qualifies for a waiver of that ground of excludability pursuant 

to section 212(i). 

In the absence of other adverse factors, an application for adjustment of status as an immediate relative 

should generally be granted in the exercise of discretion notwithstanding the fact that the applicant entered 

the United States as a nonimmigrant with a preconceived intention to remain. Matter of Cavazos, Int. Dec. 

2750(BIA 1980) clarified and reaffirmed. Matter of Ibrahim, Int. Dec. 2866 (BIA 1981). 

When the information obtained does not clearly establish inadmissibility under section 212 (a) (19) or 

warrant denial of the application for adjustment as a matter of discretion, but the pertinent circumstances 

make further inquiry necessary, a copy of the alien's affidavit or statement with a copy of sheet 1 of Form 

G-325A shall be forwarded by memorandum to the appropriate consular officer for his /her review and 

comment. The memorandum should state that the attached affidavit or statement indicates the alien may 

have obtained his/her nonimmigrant visa by fraud. The memorandum should also give the visa symbol and 

date of visa issuance and request any relating evidence or information available to the consul or advice that 

relating evidence or information is not available. The consular officer's response shall be awaited before a 

decision is made on the application. 

Because of the frequent incidence of misrepresentation regarding qualifying work experience allegedly 

acquired in Hong Kong, Taiwan and India by nonpreference applicants for adjustment, any nonpreference 

adjustment case on Form I-485 based upon such work experience shall be referred either to the District 

Director Rome or if within the jurisdiction of the District Director Bangkok directly to the officer in charge of 

the particular office for the investigation unless in the opinion of the adjudicating officer the supporting 

documentation is credible and clearly substantiates th alleged experience. (TM 2/87) 

If an applicant is subject to the labor certification requirement of section 212(a)(14) of the Act, his/her 

intention concerning employment shall be confirmed during the interview if he/she is a sixth preference alien 

or a nonpreference alien whose certification was based on a jog offer. In these cases, if the alien claims 

present employment with the petitioner or employer who furnished the job offer, the alien should be 

questioned a to whether the actual duties performed, wages received, and working conditions are in 

accordance with those specified by the job offer. In doubtful cases, evidence such as payroll slips, current 

letter or affidavit from employer should be requested; and in nonpreference cases where the alien's alleged 

qualifying experience was obtained abroad and is suspect, overseas investigation may be requested. 

If the applicant is a third preference alien or a nonpreference professional, scientist, or artist, his/her 

intention to engage in such profession, science, or art shall be confirmed. Addition ally, if the applicant has 

been issued an individual labor certification for which no job offer was required, and is presently residing in a 

state other than the one shown as the intended place of residence on the Statement of Qualifications of 

Alien form to which the certification is affixed, the action described in the last paragraph of OI 245.2(c)(2) 

shall be taken (if not done during prior processing). Third preference petitions filed subsequent to December 

31, 1976, must be accompanied by job offers and such applicants must confirm that they still are or intend to 

be employed by the person, firm or organization which issued the job offer. 

OI 245.4 Request for immigrant visa number. 

(a) Section 245. 

(1) General. Except when an alien is not subject to the numerical limitation on immigration, or when the 

application is clearly deniable, Form I-181, in duplicate, shall be sent directly to the Visa Control Office 

for allocation of an immigrant visa number. This shall be done during initial processing of the application. 

Forms I-181 relating to members of families should be forwarded fastened together. 

(2) Urgently needed number in August or September. When during August or September, a number is 

urgently needed in a case in which all Service action has been completed, a request shall be submitted 

to the Associate Commissioner, Examinations, for allocation of a number. If a Form I-181 has already 

been forwarded to the Visa Control Office, attach to the request a reproduced copy. If Form I-181 has 

not been submitted, attach to the request Form I-181, in duplicate. (REvised; RELEASED ADVANCE) 

(3) Natives of Jerusalem and other applicants whose foreign state chargeability is in doubt. If the


applicant was born in Jerusalem, or if, after the interview, there is a question as to the proper charge, 

Form I-181, in duplicate, shall be submitted by covering memorandum addressed to the Director, Visa 

Office, Attention: Advisory Opinions Branch. (For doubtful foreign state charges, also see OI 202.1.. 

As much of the following information as is available shall be included in the memorandum: (applicant born 

in Jerusalem) the number of the house, name of the building, street, and the quarter of the city in which 

born; (other) variations in spelling of the place of birth, including versions in other languages for localities 

in Central and Eastern Europe; the name of the nearest important city or town in its variant form; the 

name of the district; the name of important topographical features in the vicinity, such as mountains, 

valleys, rivers, lakes, or forests. The Advisory Opinions Branch will determine the proper charge, 

endorse the Form I-181, and forward the form to the Visa Control Office for allocation of a number. A 

copy of the advisory opinion will be sent to the requesting Service office. 

(4) Nonpreference cases. When the Form I-181 is prepared in a nonpreference case, the appropriate 

box in the nonpreference block shall be checked. If the box: : "Section 212(a)(14) certification not 

required because" is checked, the reason must be shown, e.g., applicant will not engage in gainful 

employment; will be supported by lawful permanent resident son. 

In nonpreference cases the entry to be made in priority date block of the Form I-181 shall be governed 

by the provisions of 8 CFR 245.1(g)(2). In cases within category (iv) of the regulation, the certification 

shall be deemed to have been issued as of the date the application for certification, Job Offer for Alien 

Employment, was accepted for processing by any office within the employment service system and that 

date entered in the priority date block. Acceptance will be evidenced by an endorsement on the form 

showing the date and "L.O." for local office, R.O. for regional office, and "N.O." for national office. 

Hence, for nonpreference visa number allotment purposes, the priority date accorded an applicant for 

adjustment of status (or for an immigrant visa) may in certain circumstances be a date earlier than that 

on which either a petition for third or sixth preference or an application for adjustment of status is filed. 

In cases within category (iii) of that regulation, when the applicant is the beneficiary of an approved 

third or sixth preference petition and is within the blanket certification of Schedule A of the Department 

of Labor (20 CFR Part 656), and a nonpreference visa number is being requested. entry in the priority 

date block of Form I-181 shall be the date the petition was filed with the Service. 

(4a) Paroled stateless Ugandan Asians. On October 2, 1972, the Attorney General authorized the parole 

of 1,000 Ugandan Asians who had been expatriated by the Government of Uganda, and on April 3, 1973, 

he announced he was authorizing the parole of an additional 500. Each alien paroled under this program 

was issued Form FS-511 by a consular officer, amended to show it was a preparole document rather than 

an immigrant visa. The Form FS-511 was surrendered at the port of entry forwarded to the files control 

office having jurisdiction over the alien's intended place of residence for creation of an "A" file. Form 

I-94 was issued to each such alien at the port of entry endorsed "Uganda Asian", and showing parole for 

an indefinite period. Most of these alien were paroled between October 1972 and August 1973. After 

consultation with the Department of Labor, the Service has determined that stateless ugandan Asians 

paroled under this program are not subject to the section 212(a)(14) labor certification requirement. In 

addition, the Department of State has agreed that they are entitle to nonpreference priority date as of 

the date on which they were paroled into this country. Accordingly, they may apply for adjustment under 

section 245 when the date on which they were paroled is no later than the nonpreference priority date 

shown in the current Visa Office Bulletin on Availability of Immigrant Visa Numbers. In preparing Forms 

I-181 in such a case, the date of parole shall be shown as the nonpreference priority date; also, the box 

"Section 212(a)(14) not required because" shall be checked and the words "paroled Ugandan Asian" shall 

be added. The Department of State has given assurances that each of these Ugandan Asians was 

accorded a medical examination before Form FS-511 was issued. Therefore, another such examination 

shall not be required preliminary to adjustment unless at that time there is indication in the relating file or 

elsewhere of the existence of medical grounds of inadmissibility. 

(5) Sections 202(b) and (c); section 101 (a) (27) (c) (ii), 101(a)(27)(H) and 203(a)(8). When the 

provisions of sections 202(b)(1) through (4) of the Act apply, show on Form I-181 the foreign state to 

which chargeable and specific section (e.g., Italy-- 202(b)(4) in the block "Country to which chargeable", 

together with a brief explanation regarding that determination. Use the "Remarks" block of Form I-181 if 

additional space is needed for the explanation. When the provisions of section 202(c) are applicable, 

show the foreign state and the colony or other component or dependent area parenthetically(e.g., British 

(Bermuda) in the "Country to which chargeable" block. 

See O.I. 245.7(a) for notation to be made on Form I-181 and other action to be taken upon approval of 

an application, when the applicant has spouse or children abroad who, through his adjustment, are entitle 

to special immigrant classification under section 101(a)(27)(C)(ii), 101(a)(27)(H), preference or 

nonpreference classification pursuant to section 203(a)(8) of the Act.


(6) Subsequent Unavailability of a visa number. When a properly filed application cannot be completed 

solely because visa numbers became unavailable subsequent to the filing, the application will be held in 

abeyance until a visa number is allocated. 

Those cases held in abeyance pending the allocation of a nonpreference visa number shall be 

periodically reviewed to screen out any applicant who appears eligible for a preference classification. 

Any applicant who appears eligible for a preference classification. Any applicant who appears eligible for 

a preference classification shall be informed and instructed how to proceed. IN all such cases held in 

abeyance pending allocation of a visa number, Form I-181, in duplicate, bearing the stamped notation 

"HOLD FOR VISA NUMBER" in the upper right-hand portion of the box labeled "For use by the Visa 

Control Office" shall be forwarded to the Visa Control Office" insure that a visa number will be allocated 

when one becomes available. Similarly, when a different preference is established, a new Form I-181 

prepared in accordance with the foregoing shall be forwarded to the Visa Control Office. When a visa 

number is available in these cases, the Visa Control Office will return Form I-181 endorsed to show 

allocation of an immigrant visa number for the month following the month notification is furnished to the 

Service. This will allow sufficient time to complete any unfinished processing. 

(c) Disposition of allocated immigrant visa numbers. In each section 245 case requiring the allocation of a 

visa number, the Visa Control Office will endorse Form I-181 to show the allocation of the visa number. A 

number may be used at any time during the fiscal year for which it was issued. If the application is approved 

during that fiscal year, the date of acquisition of permanent resident status shall be the date on which the 

application is actually approved in a section 245 case. 

If, after allocation of a visa number, the application is denied or it appears final approval will be delayed 

beyond the end of the fiscal year in which it must be used, Form I-181 shall be returned immediately to the 

Visa Control Office, conspicuously endorsed to show that the number is returned for cancellation. 

Also, in order to eliminate the possibility that an allocated visa number will go unused and thus be wasted, 

whenever a section 245 case is to be transferred during the first 10 months of the fiscal year (October 

-July), after a visa number has been allocated and before a decision can be made, the office transferring the 

file shall transmit it with memorandum calling the attention of the receiving office to the fact that a visa 

number has been allocated for use in that year. When such a case is to be transferred during August or 

September, the office transferring the file shall first return Form I-181 to the Visa Control Office, endorsed to 

show that the number is returned for cancellation; and exception to this procedure may be made only if 

arrangements have been made telephonically or telegraphically to insure that the office is being transferred 

will adjudicate the application during the fiscal year in which the number must be used. If, after a Form I-181 

has been returned to the Visa Control Office for cancellation of an allocated number, the applicant is 

subsequently found eligible, new Forms I-181 in duplicate shall be submitted to that office without a covering 

memorandum. 

On the last business day of August of each year, a physical inventory shall be made of all pending 

section 245 applications to determine whether any allocated numbers have not been used. If an unused 

number allocated during the first 11 months of that fiscal year is found and the application cannot be 

immediately approved, the number shall be returned to the Visa Control Office no later than September 10 

for cancellation. Special attention shall be paid to cases in which a visa number is allocated for use in 

September to insure that, if the case cannot be approval during that month, the number will be returned to 

the Visa Control Office at the earliest possible date prior to the end of the fiscal year to permit its possible 

allocation to another alien during that year. 

OI 245.5 ADJUDICATIONS. 

(a) General. When an application for status as a permanent resident under section 214(d) or 245 of the Act, 

or section 1 of the Act of November 2, 1966, or section 101 or 104 of the Act of October 29, 1977, is made 

before an order to show cause is served, the decision on the application shall be made by the district 

director. If such application is made after service of an order to show cause, the decision on the application, 

including any relating requests for waivers of inadmissibility, other than under section 212(e) of the Act, shall 

be made by the immigration judge. 

(b) Denial. If at any stage of the proceedings it is determined that an application should be denied because 

the applicant is ineligible under section 245(c) of the Act or 8 CFR 245.1, and appropriate order shall be 

entered notwithstanding normal processing has not been completed. 

When the district director finds that applicant for adjustment of status is no longer entitle to a preference 

or immediate relative classification accorded him or her as the beneficiary of an approved him or her as the 

beneficiary of an approved visa petition, and denial of the application for adjustment is contemplated as a


consequence thereof, the denial decision shall be deferred until revocation proceedings under 8 CFR 205 

have been completed even though other grounds for denial are also being asserted, 

When the district director finds that a section 245 application or section 1 Cuban application should be 

denied and the applicant is in a lawful status or deportation proceedings should not be instituted because of 

appealing humanitarian factors, the applicant shall be notified on Form I-290C that the case has been 

certified to the Associate Commissioner, Examinations, and the reasons therefor shall be stated briefly on 

the form. 

Form I-291 is used to notify an applicant of the denial of his or her application by the district director and 

of the required departure date, unless the decision is being certified to the Associate Commissioner, 

Examinations or expulsion proceedings would not be instituted (e.g., a parolee). This informs the applicant 

that if he or she fails to depart on time, expulsion proceedings may be instituted. The last sentence of the 

for, which states that the application for adjustment may be renewed during such proceedings is stricken 

when the applicant is ineligible for adjustment because of the provision of section 245(c) of the Act. If an 

application is denied after certification to the Associate Commissioner, Examinations, and the applicant's 

departure is being required, he or she is informed by letter which, when appropriate, advises of the right to 

renew the application in the course of expulsion proceedings. 

In determining whether an application shall be denied as a matter of discretion the district director should 

be guided by paragraph (d), particularly subparagraphs (1), (2) (3), and (5) thereof. 

(c) Approval. An application under section 245 of the Act or under section 1 of the Act of November 2m 

1966, shall not approved until agency checks requested on sheets 1,2,3,and 4 of Form G-325A have been 

completed in accordance with OI 105,10, any required visa number has been allocated, and the applicant has 

been examined by a United States Public Health Service medical officer or designated civil surgeon and INS 

officer. The medical examinations must be valid in accordance with OI 245.3(a). 

In determining whether an application should be granted as a matter of discretion, notwithstanding the 

existence of adverse factors, the district director should be guided by paragraph (d), particularly 

subparagraphs (1), (4), and (5) thereof. 

(d) Uniformity of decisions. In order to achieve more uniform decisions with respect to the exercise of 

discretion in section 245 cases. the following action shall be taken to assure adherence to published 

precedent decisions and Service policy.: 

(1) All service officer engaged in the adjudication of section 245 applications shall be aware of pertinent 

precedents and policy. 

(2) When a section 245 application is denied as a matter of discretion, the written decision prepared by 

the adjudicator shall cite any published precedent which is applicable or which reasonably approximates 

the situation in the case; if the adjudicating officer finds that there is no such published precedent and 

that any equities in the case are not substantial, the favorable and unfavorable factors which were 

considered in reaching the conclusion that the application should be denied. 

(3) Every denial of a section 245 application solely as a matter of discretion, shall be reviewed by a 

district officer no lower that Assistant District Director, Travel Control before the decision is served. 

(4) If an adjudicator determines that a section 245 application should be granted in the exercise of 

discretion, despite the existence of an adverse supervisory officer before the applicant is notified of the 

decision. If a formal written decision is not prepared in such a case, the adjudicator shall note Form 

I-468 to show "Approval warranted despite (specify adverse factor or factors) for following reason: 

(specify)." 

(5) In determining whether or not discretion shall be exercised in favor of the applicant, the adjudicator 

shall consider, in addition to published precedents, the Service policy expressed in OI 245.3(b), 

including the policy that application should not be denied as a matter of discretion when substantial 

equities exist by virtue of which the district director would permit the applicant to remain in the United 

States until he receives a consular invitation to appear in connection with his application for an immigrant 

visa. 

(6) When a renewed section 245 application is made to an immigration judge in deportation proceedings 

in a case that was reviewed in accordance with subparagraph (3), a trial attorney shall be assigned. 

(7) If the immigration judge grants the renewed application, the following action shall be taken:


(i) If the district director believes that the immigration judge's rationale in granting the application is 

reasonable and does not amount to an abuse of discretion, he shall accept the decision without 

opposition. Such instances should be rare, in view of the care which adjudicating and reviewing 

officers in the district are expected to devote to decisions involving discretionary denials. 

(ii) If the district director believes that the immigration judge's rationale in granting application is so 

unreasonable as to amount to abuse of discretion, he shall direct the trial attorney to appeal to the 

Board of immigration Appeals. 

(8) If a district director believes that a decision which has become final (whether by the district director 

or Board of Immigration Appeals) clearly has precedential value he shall forward a copy to the Central 

Office for possible publication in accordance with OI3.1(f) and 103.1(f)(3). If he believes a decision by 

the immigration judge has become final clearly has precedential value, he shall request certification of 

that decision to the Board. 

(e) Maintenance of files of interviewed cases awaiting additional documents or visa number. In any case 

where the required interview has been conducted and the case may be approved except the non-receipt of 

required document or visa number, the case will be assigned to an officer for final action. The files of cases 

which fall in this category shall not be maintained by the individual officer except in those instances where 

only one officer is assigned to section 245 cases. 

OI 245.6 Terminal processing. 

(a) Approved cases. 

(1) Form I-181. shall be retained in the alien's file (the copy returned by the Visa Control Office in a 

case where a number has been allocated by that office). 

(2) Nonpreference cases. In any nonpreference case which required the Statement of Qualifications of 

Alien form and which was approved without referral of that form to the Department of Labor for a labor 

certification because the occupation involved was in Schedule A (20 CFR Part 656), a copy of the 

Statement of Qualifications of Alien form shall be submitted to the Department of Labor. That copy shall 

be stamped in the space at the bottom of the first page with the alphabetical Service location code of 

the approving office, the date of approval of the application, the legend "Sched. A,""and the alien's 

occupation. The copies may be accumulated on a weekly basis and shall be forwarded directly to 

Employment and Training Administration (Attention: METER), Department of Labor, Washington, D.C. 

20210. In addition, the copy of the Statement of Qualifications of Alien form which is retained in the file 

shall be endorsed in the same space simply with the legend "Sched. A." 

(3) Form I-357. This form shall be delivered to every alien whose application for adjustment has been 

approved, and the date of its delivery shall be entered on the record copy of Form I-181. 

(4) Social Security Card. The adjudicator shall refer any person who requests a card after adjustment to 

the nearest Social Security Office. 

(5) Statistics: 

(i) The alien's Form I-94 should be stamped on the face with the word 'ADJUSTED' and should be 

routed to the Central Office, Attention; Document Handling Unit (AM 2790.13). A Form I-530 should 

not be prepared and routed to the Document Handling Unit of the Central Office, unless the alien has 

lost his Form I-94, In that event, the face of the Form I-530 should be stamped "ADJUSTED I-94 

LOST". A copy of Form I-181, properly noted with the adjustment symbol and provision of law under 

which adjusted, must be forwarded promptly to the Central Office upon completion of each 

adjustment case under section 5 or 19 of Public Law 97-116 (See Subparagraph (ii) below), Forward 

ADIT Card Data Collection Form I-89 to the processing center for issuance of Form I-551, and note 

I-468 processing sheet of the date the I-89 forwarded. Finally in each approval case the file should 

be routed to the local records Administration and Information Personnel for coding on Form G-188, 

for preparation of a corrected Index card, Form G-361, showing the adjustment of status (AM 

2703.03), and for routing the corrected index card to the Central Office (AM 2703.13). If the 

applicant is under docket control, the "A" file should be routed to the docket control office after all 

the above has been accomplished. 

(ii) Report to Congress. I-181's submitted to Central Office for congressional report. The Service is 

required to furnish reports to Congress quarterly regarding aliens who are adjusted under P.L.


97-116 Section 5 and 19. When a special immigrant under section 101(a)(27)(H) of the Act or 

investor under section 19 of P.L. 97-116 is adjusted to permanent resident status, a copy of the 

completed Form I-181 must be forwarded to Central Office Statistics (COSTA), Attention: Roger 

Kramer, Room 5020 on a weekly basis. The remarks block of the I-181 must show the date of the 

alien's entry as a nonimmigrant. In the case of an adjustment of status under section 101(a) (27)(H) 

of the Act, the alien's medical specialty must be shown using one of the following letter codes; 

AL - ALLERGY AND IMMUNOLOGY 

CR - COLON AND RECTAL SURGERY 

EM - EMERGENCY MEDICINE 

IN - INTERNAL MEDICINE 

NM - NUCLEAR MEDICINE 

OP - OPHTHALMOLOGY 

OL - OTOLARYNGOLOGY 

PD - PEDIATRICS 

AN - ANESTHESIOLOGY 

DE - DERMATOLOGY 

FP - FAMILY PRACTICE 

NS - NEUROLOGICAL SURGERY 

OB - OBSTETRICS AND GYNECOLOGY 

OR - ORTHOPEDIC SURGERY 

PA - PATHOLOGY 

PH - PHYSICAL MEDICINE AND REHABILITATION 

PL - PLASTIC SURGERY 

SU - SURGERY 

UR - UROLOGY 

PR - PREVENTIVE MEDICINE 

RA - RADIOLOGY 

TH - THORACIC SURGERY 

(6) Cancellation of nonimmigrant visa. Upon approval of an application for permanent residence under 

any provision of law, any nonimmigrant visa contained in a passport or other travel document presented 

by the applicant shall be stamped across the face "CANCELLED" followed by the word "ADJUSTED". The 

alien shall not be required to present the passport or travel document solely for the purpose of having 

the nonimmigrant visa cancelled. 

(7) Action in bond cases. If a bond is involved, action to breach or cancel the bond, if appropriate, shall 

be taken by the adjudicator. If the bond involved is a delivery bond, forward the file to Detention and 

Deportation for action on that bond. 

(b) Denied cases. when a denial decision become final, any relating approved visa petition shall be removed 

from the file and transmitted to the American consulate designated by the beneficiary. Care should be 

exercised, however, not to forward a petition in a case in which the basis for denial of the application would 

constitute grounds for instituting proceedings to revoke the approval of the petition (e.g., application denied 

on ground that applicant and the citizen or lawful permanent resident spouse petitioner do not have a bona 

fide marital relationship). 

When a section 245 application is denied and the applicant is illegally in the United States, a determination 

shall be granted voluntary departure without the issuance of an order to show cause and appropriate action 

taken (see OI 242.10). If it is determined that voluntary departure should not be granted, the case shall be 

referred to Investigations for determination as to whether on order to show cause should be issued. 

(c) Cases in which applicant departed during pendency of application. A section 245 application which is 

terminated under 8 CFR 245.2(a)(3) because the applicant by departing before a decision has been made in 

the case, shall be counted statistically as "completed" and "denied". The applicant shall be notified by letter 

of the termination of the application and the reason. Any relating visa petition shall be disposed of in the 

manner described in paragraph (b), and if the applicant has returned to and is illegally within the United 

States, an appropriate determination shall be made, as set forth in that paragraph, with regard to enforcing 

the applicant's departure. (TM 2/87) 

OI 245.7 Derivative beneficiaries of adjusted principal. 

(a) General. When the principal alien's status is adjusted under section 245 of the Act, a spouse and/or


children abroad are entitled to special immigrant classification under sections x101 (a)(27)(C)(ii), 101 

(a)(27)(H), or preference or nonpreference classification under section 203(a)(8) of the Act. Prepare the 

unnumbered copy of Form I-181, showing the lower portion of the form the beneficiaries' names, dates of 

birth, address, and relationship to the applicant. The standard approval stamp, indicating the date 

adjustment occurred, should be placed in the date of action block in accordance with OI 103.2(m). In 

instances where photocopy of an approved I-181 is used, re-stamp Form I-181 with the approval stamp in the 

lower portion of the form in accordance with OI 103.2(m). Forward the completed forms to the consular 

officers having jurisdiction over the beneficiaries places of residence. 

(b) Waiver of sanctions under sections 243(g). Before forwarding Form I-181 to an American consulate in 

the USSR, Czechoslovakia, or Hungary for use in connection with the issuance of an immigrant visa to a 

following-to-join spouse or child of an alien whose status has been adjusted, consideration shall be given to 

waiving the sanction imposed pursuant to section 243(g) of the Act, if such waiver has not been granted 

previously. In such waiver has not been granted previously. In such a case, the processing prescribed by 

OI 204.8 shall be followed. If it is determined that the waiver should be granted, the words "The following 

alien have been granted a waiver of sanctions imposed under section 243(g) of the Act," shall be endorse on 

the Form I-181 above the list of names, addresses, and relationships of the spouse and children who will be 

following to join the principal alien. 

OI 245.8 Procedures in other types of special cases. 

(a) Section 13, Act of September 11, 1957. The initial and terminal processing of performed by the district 

office having jurisdiction over the applicant's residence. A case which can be adjusted under any other 

provision of law will not be processed under section 13. The District Director, Washington D.C. shall be 

responsible for the adjudication of each application, controlling the annual numerical limitation on 

adjustments, G-23 statistics (CADJ-5), and the preparation and distribution of public copies of the decision 

pursuant to O.I. 103.8(a). 

(1) Upon receipt of an application, the processing office shall promptly submit Form I-88 to the 

Department of State. During the interview of the applicant, the adjudicator shall ascertain the nature and 

duration of any official position held by the applicant, or immediate family member as an employee of a 

foreign government. 

The applicant shall be required to state the reason for termination of the position and whether termination 

is permanent. Compelling reasons why the applicant is unable to return to the country which accredited 

him/her or a member of the alien's immediate family must be shown. It must also be established that the 

alien's adjustment of status would be in the national interest of the United States (i.e. special skills 

knowledge, position held). 

(2) The District Director, Washington, D.C. will adjudicate the case and prepare an order. In a grant 

case, the District Director will prepare the required report for Congress, placing a copy in the alien's file. 

The file will be held by the Washington District Office pending Congressional approval or adverse action. 

If a case is denied, the alien will be notified of the decision and of the right to appeal under 8CFR, Part 

103. If no appeal is received, the case will be returned to the originating office for appropriate action. If 

the decision is appealed, the Washington District Office will hold the file until the appear process has 

been completed and then will return the file to the originating office for appropriate action. 

(3) When Congress takes adverse action on a section 13 adjustment case, the Washington District 

Office will be promptly notified by the Central Office following which the application shall be denied and 

appropriate action initiated. 

(4) There is no appeal to decision where Congress has taken adverse action. If notice of adverse action 

is not received within 30 days following the adjournment of the session of Congress following that 

session in which the case was referred to Congress, final processing shall be completed. Form I-181 

shall be prepared by the originating office showing approval of the application as of the date of the order 

entered by the District Director, Washington, D.C. The Adit Card Data Collection Form I-89 must be 

completed and the required fingerprint placed thereon. form I-357 should be sent to the alien with a copy 

granted pending the alien's receipt of the I-551. A copy of form I-181 will also be forwarded to the Visa 

Control Office of the Department of State. 

(b) 7th preference proviso alien. 

(1) General. An applicant for adjustment under section 245 who claims entitlement to preference 

pursuant to the proviso to section 203(a)(7) must establish that the meets all the requirements for 

adjustment under section 245 as set forth in that section and in 8 CFR 245.1, in addition to establishing


that he meets the requirements set forth in the proviso. Thus, for example, an alien who claims to be 

within the proviso, but who entered the United States as a crewman, is not eligible for adjustment under 

section 245. 

An application for classification under the proviso to section 203(a)(7) must be executed by the applicant 

on Form I-590A and attached to the application for adjustment of status. 

(2) Interview. Each applicant shall be interviewed, except that the interview may be waived for a child 

under 14, however, each applicant regardless of age, must appear in person at the appropriate Service 

office. Form I-89, ADIT Card Data Collection Form - 89 must be completed for each such applicant and 

the required fingerprint placed thereon. If the application for seventh preference classification is made in 

conjunction with an application for adjustment of status made to the district director, the required 

interview may be accomplished at the same time as the applicant is interviewed in connection with his 

application for adjustment of status. When the application for seventh-preference classification is made 

in conjunction with an application for adjustment of status before the special inquiry officer in deportation 

proceedings, the applicant shall be interviewed by an Examinations officer only with respect to his 

eligibility for the claimed preference status. In either case the interviewing office shall endorse the 

reverse of Form I-590A to show the date and place of interview. The interview should cover endorse the 

reverse of Form I-590A to that agency. When a decision is made, the reverse of the Form I-590A shall 

also be endorsed by the district director to reflect whether the application for seventh preference has 

been approved and that a number has been allocated pursuant to the proviso to section 203(a)(7) or 

whether the application has been disapproved. If the application has been disapproved, the ground for 

disapproval shall be endorsed on the reverse of the Form I-590A, 

(3) Visa numbers. For aliens chargeable to the Eastern Hemisphere, an annual total of 10,200 visa 

number and for aliens chargeable to the Western Hemisphere, an annual total of 7,200 visa numbers are 

unauthorized for Service use in connection with conditional entry or adjustment of status of aliens found 

qualified under section 203(a)(7) of the Act; however, because of foreign state and dependent area 

limitations of 20,000 and 600 per annum, respectively, and the heavy demand for conditional entry 

availability of immigrant visa numbers under section 203(a)(7), will be controlled by the Central Office. 

Whenever nonpreference numbers are available, they will be used for spouses and children of principal 

applicants using conditional entry numbers. 

Each office shall complete and submit Form I-595 to the regional office on the last working day of each 

month. The regional offices shall submit a consolidated report on Form I-595 to reach the Associate 

Commissioner, Examinations, not later than the 5th working day of the next month(CINSP-133). 

(4) Statistics. When the status of an alien who has been found eligible for classification under the 

proviso to section 203(a)(7) is adjusted under the proviso to section 203(a)(7) is adjusted under section 

245 of the Act or under section 1 of the Act of November 2, 1966, Form G-188. The Forms G-188 

relating to all such cases approved during the month shall be accumulated and mailed together with Form 

G-193 in a separate envelope addressed to the Central Office Annex, U.S> Immigration and 

Naturalization Service, 425 "I" Street, N.W., Washington, D.C. 20536 marked Attention: EAM Unit. While 

the envelope will contain Forms G-188 relating to adjustments under section 245, only the latter should 

be reported on Form G-193 (line 9), The "Due Date" specified in the instructions on the reverse of Form 

G-193 shall be observed. 

(5) Denied cases. The district director shall notify the applicant on Form I-290C and shall certify the 

case to the regional commissioner when the district director finds that a section 245 application should 

be denied on the ground that the alien has been found ineligible for preference under the proviso to 

section 203(a)(7) of the Act, and an immigrant visa is not otherwise available. Similarly, if the application 

for adjustment of status is before a special inquiry or the board of immigration appeals in deportation 

proceedings, but the district director finds that the Form I-590A submitted by the applicant for a 

preference under the proviso to section 203(a)(7) is not approvable, the district director shall notify the 

applicant on Form I-290C and shall certify the case to regional commissioner. The reasons for the denial 

of the section 245 application filed with the district director, or the reasons for the district director's 

denial of Form I-590A submitted in conjunction with a section 235 application filed in the course of 

deportation proceedings, shall be stated briefly on the Form I-290C. 

(c) Section 214(d) cases. Except as modified hereinafter and to the extent applicable, the instructions in OI 

245 shall be followed in the processing and adjudication of applications for permanent residence under 

section 214(d) 

Section 214(d) applicants are not chargeable to the numerical limitations upon the issuance of immigrant 

visas; no immediate relative or preference petitions need be filed on their behalf; and they are not subject to


the certification requirements of section 212(a)(14). 

While Form G-325A and the applicant fingerprint card are required to be submitted with a section 214(d) 

adjustment application from every applicant 14 years of age or older, agency checks shall not normally be 

made if the applicant has not been in the United States prior to admission under section 101(a)(15)(k). 

However, the applicant fingerprint chart shall be forwarded to the FBI on every applicant 14 years of age or 

older. Consular checks shall not be made unless there is specific reason to believe a consular check would 

be productive. A medical examination shall not be required if the file reflects that the applicant was medically 

examined in connection with his nonimmigrant visa application (see OI 214.2(k). 

Processing and adjudication of the application shall be completed as expeditiously as possible. In an 

appropriate case, if the application is presented in person and an Examinations officer is available to review 

the relating file material and interview the applicant , the adjudication may be made upon submission of the 

application. 

An alien admitted as a K-1 nonimmigrant, who is precluded from adjusting under section 214(d) because of 

failure to effect a timely marriage with the United States citizen petitioner is not statutorily barred by reason 

thereof from seeking adjustment pursuant to section 245, if eligible thereunder. However, whether an 

application by a K-1 nonimmigrant for adjustment under section 245 should be granted as a matter of 

discretion depends on an evaluation of all pertinent factors including the reason the alien failed to marry the 

petitioner within 3 months after entry. 

(d) Indochinese refugees; Act of October 28, 1977. Except as modified in this paragraph, and to the extent 

applicable, the instructions in OI 245 shall be followed in the processing and adjudication of applications for 

permanent residence under the provisions of section 101, 103, or 104 of the Act of October 28, 1977. 

A separate application shall be filled on Form I-485C by each applicant. A parent or guardian may file an 

application for a child under 14 years of age. No fee shall be required for filing an application, or an appeal 

from a decision thereon, or for filing application for waiver of a ground of inadmissibility in connection 

therewith. 

An application for adjustment under the act of October 28, 1977 by the spouse or child of a native pr 

citizen of vietnam laos, or cambodia shall not be processed under the provisions of section 104 of the Act 

unless the applicant is ineligible for adjustment under the provisions of section 101 of that Act. 

Form G-325A, and the applicant fingerprint card (Form FD-258), and a clearance statement from the local 

police department for any area in the United States where the applicant has lived for six months or more shall 

be submitted with an application for adjustment under the Act of October 28, 1977, from every applicant 14 

years of age or older. 

While FBI checks shall be made in every case except that of an applicant for a roll-back date of 

admission for permanent residence under section 103 immediately-preceding 15 month period, CIA and 

consular checks shall be made for every applicant under section 101 and 104 of the Act of October 28, 

1977, who was not processed through a refugee center and paroled into the United States under section 

212(d)(5) of the immigration and Nationality Act. However, consular checks shall be limited to those 

applicants who obtained a nonimmigrant visa in a country other than Vietnam, laos, or Cambodia. The 

processing of G-325 checks may be done on a postaudit basis. 

An applicant for adjustment of status under the provisions of the Act of October 28, 1977, is not 

chargeable to the annual numerical limitations imposed on the issuances of immigrant visas; is not subject to 

the labor certification requirement of section 212(a)(14) of the Act; is not subject to the public charge, 

documentation and literacy exclusion provisions of section 212(a)(15), (20), (21), (25), and (32) of the Act; 

and is not subject to the limiting provisions of section 245(c) of the Act and 8 CFR 245.1(a). 

Each application shall be carefully checked to determine whether the applicant has answered Item 24 

thereon, 

Medical examinations shall be required only in accordance with the last paragraph of OI 245.3(a) 

At the time of the interview, the applicant (under section 101 or 104) shall present his Form I-94, if only a 

copy thereof was submitted with his application. If not submitted with his application, an applicant under 

section 103 for a roll back date of admission for permanent residence shall present his previously issued 

form I-151. If the applicant alleges loss or theft of his Form I-151, or Form I-102, as appropriate, for 

replacement of the lost or stolen document.


The Social Security Administration has advised that Form SS-5, Application for Social Security Account 

Number, is not necessary for applicants for adjustment status under the provisions of the Act of October 

28, 1977, 

In connection with Indochinese exchange visitors who are otherwise eligible under the Act of October 28, 

1977, the State Department, acting as the interested United States Government agency, has recommended 

to the Service that waiver of the two-year foreign residence requirement of section 212(e) be granted on a 

blanket basis. Upon the grant of such a waiver, Form I-485C shall be conspicuously noted to so indicate. 

Upon completion of each approved application, page 5 of Form I-485C (Demographic Data Sheet) shall be 

forwarded to Central Office. Attention: COADP. 

(e) Virgin Islands Nonimmigrant Alien Adjustment Act. 

(1) General. Except as modified in this paragraph, and to the extent applicable, the instructions in OI 

245.2 should be followed in the processing and adjudication of applications for permanent residence 

under the Virgin Islands Nonimmigrant Alien Adjustment Act (pub.L. 97-271). 

Form G-325 A is not required of any applicant under this section. Local police checks will be required 

from applicants ages fourteen to seventy-nine. Applicants under Pub. L. 97-271 are not subject to the 

limiting provisions of section 245(c) of the Act. 

(2) The adjudicator will record approval, of an applications under this section on Form I-181. Upon 

approval of the application, the file jacket tab will be noted by the adjudicator by placing the letters "VI" 

directly under the A number. 

(3) The applicant must be advised of the denial of an application under Pub.L. 97-271 on Form I-291. 

The applicant may not appeal the decision of the district director. 

(f) Cuban Adjustment Act. 

(1) For purposes of the effective date of creation of the record of the applicant's permanent residence, 

an application submitted by an applicant who is designated as a Mariel Cuban (paroled between April 1, 

1980 and October 10, 1980, inclusive) and filed prior to February 1, 1987 will be deemed properly filed on 

the date of submission to the Service or October 11, 1981, whichever date is earlier. (TM 1/87) 

OI 245.9 Employment. 

During the time any application for status as a permanent resident is pending, the applicant's Form I-94, 

upon request, may be noted "EMPLOYMENT AUTHORIZED- ADJUSTMENT APPLICANT." However, if the 

application must be returned to the applicant for any reason, such as when a required visa petition has 

not been submitted or cannot be approved upon initial review, the Form I-94 shall not be so noted.


OI 246 Rescission of adjustment of status. [Removed 6/24/97; TM 1]


OI 247 Adjustment of status of certain resident aliens. 

OI 247.1 

OI 247.2 

Notification 

Disposition of documents 

OI 247.1 Notification. 

Form I-509 should be served upon any lawful permanent resident alien who acquires employment which would 

entitle the lawful permanent resident to a nonimmigrant status under section 101 (a)(15)(A), (G), or (E) of the 

Act. Form I-509 should also be served upon any lawful permanent resident whenever that alien changes 

from one qualifying employment to another or when there is a break in employment which is later resumed. 

OI 247.2 Disposition of documents. 

When the status of an alien has been adjusted to that of a nonimmigrant, the arrival section of Form I-94 

shall be forwarded to the designated document control center for NIIS. 

When Forms I-508A,B,C and D are executed, the copies will be distributed as follows: I-508A shall be routed 

to the relating "A"file, I-508B shall be forwarded to the Central Office Index, I-505C shall be forwarded to the 

Department of State, Visa Office, Washington, D.C., 20520, and I-508D shall be forwarded to the 

International Revenue Service, Service Center, P.O. Box 245, Bensalem, PA. 19020. When Form I-508F is 

executed by a French national, it shall be routed to the relating "A" file with I-508A and the box regarding 

tax information shall be completed on copies I-508A, B,C, and D. Similar disposition shall be made of Forms 

I-508A, B,C,D, and attached to an immigrant visa when the alien is admitted to the United States. (TM 2/86)


OI 248 Change of nonimmigrant classification. 

OI 248.1 

OI 248.2 

OI 248.3 

OI 248.4 

OI 248.5 

OI 248.6 

OI 248.7 

OI 248.8 

General 

A or G applications 

Official students and official trainees' 

Change of status to intracompany 

transferee 

Change of status to exchange alien 

Change of status to treaty trader or 

treaty investor 

Change of nonimmigrant classification to 

that of a student 

Change of status to treaty trader or 

treaty investor under the United States- 

Canada Free-Trade Agreement (FTA) 


(a) Procedure. Prior to Adjudication, a Service Employee shall conduct accordance with OI 103.2 (a). If it is 

determined that the applicant is in violation of nonimmigrant status and that the Service is contemplating 

commencement of deportation proceedings,the application should be adjudicated immediately. 

(b) Grant. When the status of an applicant, spouse, or child is changed from one nonimmigrant class to 

another, their Forms I-94 shall be endorsed as to the date of the action, the new classification, and any 

extension of stay. Form I-506A, or Form I-530 (if change is made without a formal application pursuant to 8 

CFR 248.3(b)),shall be forwarded to the designated document control center for NIIS. 

When a change of status is granted and a valid visa is required for readmission, the following shall be 

notated in the right hand margin on the reverse of the applicant's Form I-94: "NOTE: YOU MUST OBTAIN A 

NEW VISA TO REENTER THIS COUNTRY IN YOUR PRESENT STATUS". 

Notification of approval must be sent to the applicant and the applicant's representative,if any. The 

address label, the endorsed Form I-94, and Form I-358 should be sent to unrepresented aliens in a window 

envelop. Represented aliens and those cases submitted under 8 CFR 248.3(b) shall be notified by use of 

Form I-524. Return the alien's I-94 and Form I-542 to the alien's representative. 

(c) Derivative beneficiaries of principals granted change of status. If the spouse or child of an alien 

whose status has been changed to an E, F, H, I, J, L or M classification is abroad and will follow to join the 

principal in the United States, a copy of Form I-506 noted as to the change shall be forwarded directly to the 

appropriate American consulate by means of a route slip, Optional Form 41, so informing the consul. See OI 

104.1 for communication with State Department. 

Under 8 CFR 248.3(b). If the alien whose status has been changed to an E, F, G, I, J, L, or M 

Classification has a nonimmigrant spouse or child in the United States at the time the change is granted, 

such spouse and child may have their status changed, without application or fee, to a classification under 

the same subparagraph of section 101 (a)(15) as the principal alien. However, a nonimmigrant spouse or 

child acquired after the principal alien has changed classification, or a spouse or child admitted to the United 

States, in a nonimmigrant classification other than that of the principal after the latter's classification has 

been change, must file application and submit the required fees if they seek classification under the same 

subparagraph of section 101(a)(15) as the principal alien. 

(d) Denial. Form I-543 will be used to deny an I-506 application. The proper box(es) listing the reason(s) for 

denial must be completed with a detailed explanation why the application is denied. If an applicant has 

continued to maintain the current nonimmigrant status the original Form I-94 should be returned to the


applicant with the Form I-543. If an applicant's authorized stay has expired or the applicant has otherwise 

violated status, the appropriate box on Form I-543 should be checked and a period of voluntary departure 

noted in the space provided, not to exceed 30 days. Annotation of denial shall be placed in the "Record of 

Changes" section of the alien's Form I-94. The notation will appear as follows: I-506 Denied (date)(office 

code). 

When voluntary departure is granted, the applicant shall be placed under docket control. The applicant's 

Form I-94 should be stamped in the "Record of Changes" area and on the front, "Under Docket Control at 

(Office Code)". Form I-161, docket control card, shall be made and forwarded to the deportation unit. Form 

I-506A shall be sent to the designated document control center for NIIS. Form I-506 should be filed in 

accordance with AM 2790.13, Item 11B. 

OI 248.2 A or G applications. 

Applications for change of status to section 101 (a)(15)(A) or (G) under section 248 shall not be granted until 

verification of status on Form I-88 has been received from the State Department. However, Forms I-88 and 

I-506 are not required when a change to these categories is requested by or through the State Department; 

in such a case, the alien shall, if necessary, be informed that his change of status is contingent upon his 

possession of a valid passport. 

Applications for change from A or G status shall not be granted until response has been received from the 

Department of State on Form I-88. 

In each case in which the Form I-88 response indicates the alien is notified to the Department of State as 

entitled to A or G status and the alien is seeking a change to another status, the Visa Office shall be 

notified of the final action taken by the Service on the application. The notice to the Visa Office shall include 

only the applicant's biographical data; the date, place of issuance, and number of his Visa; the applicant's 

old and new immigration status; and the date of change of status. 

Fees are waived in connection with applications for change to A or G status. However, the statutory fee 

shall be collected for every application for change from A or G status to any other nonimmigrant 

classification, except when a change to J status requested by an agency of the United States Government. 

OI 248.3 Official students and official trainees. 

When it appears hat an alien admitted in an A status should have been classified as an For H-3 

nonimmigrant,a report shall be submitted to the Visa Office, Department of State. That office will advise 

whether the alien's study or training is regarded as incidental to his A status which shall be retained or 

whether he shall be required to make application for change of status. 

OI 248.4 Change of status to intracompany transferee. 

An alien here as a nonimmigrant on business for a firm or corporation or other legal entity or affiliate or 

subsidiary thereof or taking training sponsored by such an organization may be granted a change of status 

to that of an L-1 nonimmigrant provided that immediately prior to entering the United States he or she was 

employed abroad by the same employer or affiliate or subsidiary thereof continuously for one year in a 

capacity that was managerial, executive or involved specialized knowledge, and an L-1 petition such 

organization has been approved to utilize the alien's services in the United States in such a capacity. Any 

period of time during the year immediately preceding the alien's last entry which was spent in the United 

States as a nonimmigrant on business in connection with his or her employment abroad by the same 

employer or affiliate or subsidiary thereof shall not be interruptive of the one year of continuous employment 

abroad, but will not be counted towards fulfillment of that requirement. (TM 2/87) 

OI 248.5 Change of status to exchange alien. 

When a change of nonimmigrant status to J status is requested by an agency of the United States 

Government, Form IAP-66 submitted by the agency shall be accepted in lieu of Form I-506 and no fee for the 

change of status shall be required. Form IAP-66 submitted by the Institute of International Education on 

behalf of a participant in Exchange Visitor Program Number G-I-I shall be regarded as having been submitted 

by the General Counsel United States Information Agency Washington D.C. 20547, since the Institute acts 

as the agent for that agency. 

The Department of State generally does not look favorably upon a request by a J-I principal for a change to 

J-2 status because it expects such principal to return abroad upon completion of the program. Therefore a 

J-2 alien who is eligible for an is seeking a change to J-1 status in a program that may extend beyond the


J-1 principal's program should be so informed. The alien should also be requested to advise in writing as to 

whether, with that knowledge the change to J-1 status is still desired. The foregoing applies irrespective of 

whether the J-1 principal is subject to the foreign residence requirement of the Act. If the J-1 alien indicates 

that the change of status is still desired, the request shall be disposed of on its merits. Generally the views 

of the General Counsel, United States Information Agency, Washington D.C. 20547, should be obtained if 

the original J-1 principal subsequently seeks change to J-2 status and approval is contemplated. 

The Department of State has informed this Service that it considers that a change from F-1 status to J-1 

status merely to enable the spouse to work would constitute a misuse of the Exchange-Visitor Program. 

Such an application should be denied. An exception thereto may made, in the discretion of the district 

director,if the change in status will make the alien subject to the foreign-residence requirement of section 

212(e). 

A nonimmigrant granted a change of status to that of a J-1 alien shall be advised,in writing, that he may 

engage only in activities authorized by the exchange program in which he will participate. 

Before granting an alien a change to J-1 status which will subject him to the foreign residence requirement of 

section 212 (e), the alien shall be informed that he will be subject to that requirement. He shall also be 

informed of any possible alternative nonimmigrant classification for which he appears qualified. 

Each applicant for a change of J classification shall be required to executed page 2 of copy one (white) of 

Form IAP-66. The approving immigration officer shall endorse Part II of Form IAP-66 to show his 

determination as to whether the applicant is subject to the foreign residence requirement of section 212(e). 

Upon approval of an application for change to J-1 status, all three copies of the applicant's Form IAP-66 

shall be endorsed in the "I.N.S. Use" block to state "Change to J-1 approved" and to show the location code 

of the approving office, the date of approval, and the date until which the alien's stay is authorized. See O 

214.2(j)(1) with respect to the disposition of the copies of the Form IAP-66. 

OI 248.6 Change of status to treaty trader or treaty investor. 

The notes to 22 CFR 41.40 and 41.41 in Volume 9--Visas, Foreign Affairs Manual, Contain information 

concerning the various contain information concerning the various treaties of trade entered into by the United 

States, and important information concerning certain limitations of treaty provisions. These notes must be 

consulted when considering matters involving treaty traders and investors. 

OI 248.7 Change of nonimmigrant classification to that of a student. 

(a) Contents of OI 248.7. 

(b) General. 

(c) Financial ability. 

(d) Prospective students. 

(e) Appliation for change form M-1 to F-1. 

(f) Change to F-1 from F-2 or to M-1 from M-2 or vice versa. 

(b) General. The notes to 22 CFR 41.45 and 22 CFR 41.68 in Volume 9--Visas, Foreign Affairs Manual, 

contain information, procedures, and considerations for consular officers to determine eligibility for F-1 and 

M-1 visas. Officers adjudicating applications for change to F-1 and M-1 status must be familiar with those 

notes. 

(c) Financial ability. 

(1) Study of less than 1 year's duration. When an applicant for a student visa intends to study in the 

United States less than 1 year, consular officers require evidence that the applicant has immediately 

available the funds or assurances of support necessary to pay all tuition and living costs for the entire 

period of stay. Evidence of advance payment of round-trip transportation may also be required by the 

consular officer, as a matter of discretion. 

(2) Study for a longer period. When the applicant for a student visa intends to study in the United 

States for a longer period,the consular officer requires the applicant to establish by appropriate evidence 

that sufficient funds are, or will be, available to defray all his or her expenses during the entire period of 

his or her anticipated study in this country. The applicant does not have to show that he or she has 

immediately available "cash in advance" to cover the entire period of his or her intended studies. 

However, the consular officer will require documentary evidence that the applicant has immediately 

available sufficient funds to provide all his or her expenses for the first year of study and that, barring


unforeseen circumstances, adequate funds will be available each year thereafter in an adequate amount 

from the same or another financially reliable source. 

(3) Adjudication. In adjudicating an application for change to F-I or M-I status, a similar concern for the 

student's financial ability to pursue his or her intended course of study must be exercised. Statements 

made by the applicant on page 2 of the required Form I-20A-B or I-20M-N concerning the source and 

amount of his or her income and means of support must be backed by evidence. If he or she is 

dependent upon others, he or she must submit affidavit(s) of support, Form(s) I-134, with the evidence 

required by the instructions on that form. The information furnished by the designated official on page 1 

of the required Form I-20A-B or I-20M-N regarding tuition, fees, estimated living expenses and the 

sources of the student's income must also be considered by the adjudicating officer. All evidence and 

information must be examined critically in reaching a determination of the applicant's financial ability to 

pursue his or her intended course of study. 

(d) Prospective students. 

(1) Both F-1 and M-1 students. Consular officers will not issue an F-1 visa to an alien who seeks to 

enter this country as a student more than 90 days prior to his or her expected registration date as 

shown on the Form I-20A-B or I-20M-N presented by the alien. Instead, if the consular officer finds the 

alien to be otherwise qualified for F-I or M-1 status, the consular officer will issue a B-2 visa noted "B-2 

Visa Issued On ( date) - Prospective Student". 

(2) F-1 students only. 

(i) School not yet selected. Consular officers will issue a B-2 visa to an apparently bona fide 

academic or language student who has not definitely determined which school he or she will attend 

and who wishes to enter the United States for the purpose of selecting a school. In such a case, 

the consular officer will note the visa "Prospective Student - School Not Selected." 

(ii) Admission interview or entrance examination. When a consular officer is provided credible 

evidence of the need by a bona fide prospective F-1 student to enter the United States to appear for 

an admission interview or to take an entrance examination for admission to a school approved by 

the Service for attendance by nonimmigrant students, a B-2 prospective student visa may be issued 

with a notation at the bottom of the visa reading "Prospective Student - Admission Interview", or 

alternatively, "Prospective Student - School Entrance Examination." The only credible evidence 

acceptable for the purpose of using this procedure is a letter from the approved school which: 

(A) gives the date approval of the school was granted by the Service, 

(B) shows the file number (school code) the school was given by the Service, 

(C) States that all applicants for admission to the school or for admission to the department of 

the school considering the alien's admission, without exception, must take an entrance 

examination or appear for an admission interview in the United States, 

(D) states that the alien needs to obtain a visa specifically to take an entrance examination for 

admission or, alternatively, appear for an interview for admission to the school or to the 

department of the school considering the alien's admission, and 

(E) states that the student has met all other requirements for admission to the school. 

When this procedure is used, the consular officer will inform the alien of the need to present the 

letter from the school requiring attendance for the admission interview or examination upon arrival at 

the port of entry. 

(iii) Form I-20A-B not yet received. When a consular officer is satisfied that an alien has been 

granted admission to a particular school and that circumstances warrant the alien's departure for the 

United States even though a Form I-20A-B has not yet been received, consideration may be given to 

the issuance of a B-2 visa for this purpose with a notation below the visa which reads "Prospective 

Student - Supporting Documents To Be Presented At The Port Of Entry". This procedure should be 

followed only in instances when pertinent I-20 information is not available , but the alien possesses 

credible documentary evidence that the school has granted acceptance or admission, such as an 

original letter of acceptance or admission the letter head stationery of the school, or other 

appropriate evidence of official admission authorization.


An alien issued such a visa should be informed that upon arrival at a port of entry in the United States, 

the same documentary evidence will need to be present. 

(3) Application for change to F-1 or M-1 classification. Any alien admitted to the United States as a B-2 

Prospective student must obtain an I-20M-N from the school to which he or she is accepted and present 

it to the Service office having jurisdiction, together with an application for change of nonimmigrant 

status, evidence of required financial resources, and the appropriate fee. 

(4) Admission period. 8 CFR 214.2(b)(2) requires that any B-2 visitor who is otherwise admissible is to 

be admitted for a minimum period of six months, provided that any required passport is valid as specified 

in Section 212(a)(26) of the Act. A B-2 prospective student must therefore be admitted in accordance 

with this regulation. 

(e) Application for change from M-1 to F-1. An application for change form M-1 to F-1 classification must be 

rejected. However, if a student has been incorrectly classified as an M-1 vocational student instead of as an 

F-1 student, the student nay have his or her nonimmigrant classification changed. The student must submit 

the following to the Service office having jurisdiction over the school the student was last authorized to 

attend: 

(1) Form I-20A-B, from the school the student intends to attend, 

(2) The student's current Form I-20 ID copy, 

(3) Form I-94. 

(4) A letter from a designated official of the school the student was last authorized to attend explaining 

the reason(s) the designated official believes that the student's nonimmigrant classification should be 

changed to that of an F-1 student. 

(f) Change to F-1 from F-2 or M-1 from M-2 or vice versa. A request for a change to F-1 classification from 

F-2 classification or to M-1 classification from M-2 classification or vice versa must be accompanied by any 

form or evidence normally required by Form I-506, Application for Change of Nonimmigrant Status. No 

application fee is required. The application fee is required. The applicant must make his or her request by 

letter. In the case of a request for a change to F-2 classification from F-1 classification or to M-2 

classification from M-1 classification, the Form I-20 ID copy of the family relationship to the principal alien 

must accompany the request. 

OI 248.8 Change of status to treaty trader or treaty investor under the United States-Canada Free-Trade 

Agreement (FTA) 

Pursuant to the United States-Canada Free-Trade Agreement Implementation Act of 1988, Pub. L. 100-449, 

Canadian citizens who qualify under section 101 (a)(15)(E) of the Immigration and Nationality Act may be 

classified as E-1 or E-2. A citizen of Canada who is granted a change of nonimmigrant classification to that 

of treaty trader or treaty investor is required to present a valid, unexpired visa for reentry to the United 

States in the new classification as set for the under 8 CFR 212.1(1). Upon approval of a change of status 

request by a citizen of Canada to that of treaty trader or investor, notice of the visa requirement for reentry 

shall be given.


OI 249 Creation of records of lawful admission for permanent residence. 

OI 249.1 

Application 

OI 249.1 Application. 

(a) General. Before a section 249 application is granted, Form G-325 checks shall be made. Although the 

applicant may have executed Form G-325A instead of Form G-325, only sheets 1 and 2 checks are required. 

A sheet 3 or 4 check shall not be made unless the file contains information indicating such a check is 

desirable. 

When a section 249 application is made before an order to show cause is served, the decision on the 

application shall be made by the district director. If the application is denied by the district director in a 

case which is not certified to the regional commissioner, the applicant, unless he is an alien against whom 

expulsion proceedings will not be instituted (such as a parolee, a nonpriority case within the purview of OI 

103.1(a)(1)(ii), or a Western Hemisphere alien who will be permitted to remain while his application for an 

immigrant visa is pending), shall be informed that if he fails to depart from the United States within the item 

specified and expulsion proceedings are instituted against him, he will be permitted to renew his application 

for status as a permanent resident during those proceedings. Form I-291 shall be used for this purpose. The 

applicant shall be similarly informed, when appropriate, if his application is denied after certification to the 

regional commissioner. 

(b) Applicant under deportation proceedings. If the initial or renewed application is made after service of an 

order to show cause, the decision on the application, including any requests for waivers of inadmissibility, will 

be made by the special inquiry officer. Before a decision is made by the special inquiry officer, he will send 

the application to Travel Control for completion of all processing, except for the interview of the applicant. 

Upon completion of the processing, Travel Control shall forward the administrative file together with the 

application and relating documents to the trail attorney by memorandum, recommending whether or not the 

application shall be opposed. If it is recommended that the application shall be opposed, or that the 

applicant be called in for further questioning before the special inquiry officer, the reasons therefor shall be 

set forth in the memorandum. When a final order approving the application is entered by the special inquiry 

officer or the Board of Immigration Appeals, the record and administrative files will be forwarded to Travel 

Control. 

(c) Witnesses. Form I-488 shall be used to record the statements of the applicant's witnesses. 

(d) Disposition. When the district director finds that a section 249 application should be denied and the 

applicant is in a lawful status or deportation proceedings should not be instituted because of appealing 

humanitarian factors, the applicant shall be notified on Form I-290C that the case has been certified to the 

regional commissioner, and the reasons for the denial shall be briefly stated o the form. Additionally, those 

denied cases in which deportation proceedings should not be instituted because of humanitarian factors 

should be accompanied by Form G-312 (Nonpriority Case Summary), when forwarded to the regional 

commissioner on certification. 

A copy of the order on Form I-181 granting the application shall be placed in the Service file relating to the 

alien. 

(e) Form I-357. Form I-357 shall be delivered to every alien whose application for creation of a record of 

lawful admission for permanent residence has been approved. The date of delivery of Form I-357 shall be 

entered in the designated space on the record copy of Form I-18. 

(f) Form SS-5. The adjudicator shall refer any person who requests a social security card following the 

creation of a record of lawful permanent residence under section 249 of the Act, to the nearest Social 

Security office. 

(h) Reopening and reconsideration. When, following reopening and reconsideration, a record of admission 

prior to july 1, 1924, has been created, the old Form I-181 shall be marked or stamped "Superseded by order 

of dated ." A new Form I-181 shall be prepared and a new Form I-551 substituted for the one 

originally issued.


OI 250 Removal of aliens who have fallen into distress. 

OI 250.1 

Procedure 

OI 250.1 Procedure. 

An applicant for removal shall be required to obtain a travel document if necessary to effect his removal; 

however, if he is unable to defray the costs, they may be paid from the Service appropriation. When removal 

to Canada is authorized, consent for return to that country shall be obtained as in the case of a Canadian 

deportee, and a copy of Form I-243 furnished. 

When the applicant is an alien spouse, or parent, of a United States citizen who intends to accompany the 

applicant and is unable to pay the transportation costs, such costs may be assumed at Government 

expense as necessary to accomplish the removal of the applicant. 

If practicable, removal cases shall be joined to a deportation party. Care and maintenance shall not be 

provided until the applicant is actually joined to a deportation party otherwise sent forward. 

If a Form I-243 applicant is suffering from any mental disability, the examining officer shall determine whether 

he sufficiently understands the proceedings to express a desire to be removed. 

When the applicant has been removed, Form I-202 shall be endorsed by the departure port and returned to 

the authorizing district office. 

Any passport or other travel document in the possession of an alien being removed shall be endorse as 

follows; "Rem 3/29/62 NYC sec. 250 A12 123 901". If there is a nonimmigrant visa, the endorsement shall be 

placed on the page containing the visa.


OI 251 Arrival manifests and lists: Supporting documents. [Removed 6/24/97; 

TM 1] [Moved to M-450 chapter 23]


OI 252 Landing of alien crewmen. 

OI 252.1 

OI 252.2 

OI 252.3 

OI 252.4 

OI 252.5 

OI 252.6 

App.to 252.5 

Conditional permits to land 

Revocation of conditional landing permits; 

deportation 

Special provisions relating to crewmen on 

vessels which will remain in United States 

more than 29 days 

Permanent landing permit and 

identification card 

Special procedures for deserters from 

Spanish and Greek ships for war 

Special provisions relating to nonresident 

aliens employed in United States based 

fishing vessels 

Notification of Charges 

OI 252.1 Conditional permits to land. [Removed 6/24/97; TM 1] [Moved to M-450 chapter 23] 

OI 252.2 Revocation of conditional landing permits; deportation. [Removed 6/24/97; TM 1] [Moved to 


OI 252.3 Special provisions relating to crewmen on vessels which will remain in United States more 

than 29 days. [Removed 6/24/97; TM 1] [Moved to M-450 chapter 23] 

OI 252.4 Permanent landing permit and identification card. [Removed 6/24/97; TM 1] [Moved to M-450 

chapter 23] 

OI 252.5 Special procedures for deserters from Spanish and Greek ships of war. 

Spain and Greece are the only foreign governments with whom treaties are still in effect concerning deserters 

from ships of war in United States ports (Article XXIV of the 1903 Treaty with Spain; Article XIII of the 

Convention between the United States and Greece). 

Deserters from Spanish or Greek ships of war shall be dealt with in accordance with 8 CFR 252.5 and the 

procedures specified in OI 103.1(b)(2) and 252.4(d) shall apply. See Appendix to this OI for samples of 

notification of charges and findings. 

OI 252.6 Special provisions relating to nonresident aliens employed on United States based fishing 

vessels. [Removed 6/24/97; TM 1] 

OI Appendix OI 252.5 

APPENDIX TO OI 252.5 

When preparing notifications of charges and findings, the following may be used as guides only and shall be 

modified, as needed, to accord with the case at hand. 

UNITED STATES DEPARTMENT OF JUSTICE 

Immigration and Naturalization Service 

20 West Broadway 

New York, New York, 10007


NOTIFICATION OF CHARGES 

To: Juan Gomez Date: February 23, 1966 

An official representative of the government of Spain has presented evidence and charged that while you 

were a member of the Spanish ship of war "Alcala Galiano," you deserted such vessel on or about November 

25, 1965, at Philadelphia, pennsylvania. He has requested that you be taken into custody and surrendered 

to him. 

Therefore, under the provisions of Article XXIV of the 1903 Treaty of Friendship and General Relations 

between the United States and Spain, as implemented by Executive Order No.11267 of January 19, 1966, 

and section 252.5 of Title 8 of the Code of Federal Regulations, you are detained pending an examination of 

the charges. You have the right to be represented during the examination by counsel of your choice, at your 

expense. 

(United States Immigration Officer) 

CERTIFICATE OF SERVICE 

A copy of this notice was handed to the above named individual, and read and explained to him by the 

undersigned on February 23, 1966. 

(United States Immigration Officer) 

UNITED STATES DEPARTMENT OF JUSTICE 

Immigration and Naturalization Service 

New York, New York 

NOTICE OF FINDINGS 

Re: Juan Gomez 

File No. 

Whereas, after due examination and upon the basis thereof,I find that: (1) Spanish Consul-General Ramirez 

has requested this Service in writing to arrest and return Juan Gomez, a citizen of Spain and a member of 

the crew of the Spanish ship of war "Alcala Galiano," who deserted said vessel on or about November 25, 

1965, at Philadelphia, Pennsylvania; (2) as evidence thereof, a duly certified copy of the crew list of the 

"Alcala Galiano" has been presented and reflects that Juan Gomez was a member of said ship's company at 

the time of desertion; (3) you have acknowledged that you did desert said vessel on or about the date and at 

the place stated; (4) you are the Juan Gomez referred to above and the charge alleged against you are true; 

(5) you are not a citizen of the United States; and (6) you have not been previously arrested for the same 

cause. 

Therefore, by virtue of the authority vested in me under the provisions of Article XXIV of the 1903 Treaty of 

Friendship and General Relations between the United States and Spain, as implemented by Executive Order 

No. 11267 of January 19, 1966, and section 252.5 of Title 8 of the Code of Federal Regulations, I hereby 

order that you be surrendered to the official representatives of the Spanish government when they are 

prepared to affect your departure from the United States. I further order that, if requested by the Spanish 

authorities, you be detained for a period of not more than three months from the day of your arrest to afford 

opportunity for the Spanish authorities to complete travel arrangements. 

_________________ 

Date; March 10, 1966 

CERTIFICATE OF SERVICE 

A copy of this notice was delivered to the above -named individual, and read and explained to his by the 

undersigned on March 10, 1966. 

_________________


OI 253 Parole of alien crewmen. [Removed 6/24/97; TM 1]



OI 254.1 

OI 254.2 

Crewman abscondees; fine proceedings 


OI 254.1 Crewman abscondees; fine proceedings. 

When a crewman who was refused a conditional permit to land or was detained on board pursuant to section 

252(b) has absconded or left the vessel, and that vessel is still in port, efforts shall be made to secure a 

sworn affidavit or statement from the master or other responsible ship's officer attesting to the facts in the 

case. An appropriate report, together with any affidavits secured, shall be referred to Travel Control for 

consideration of fine proceedings and to support the record if fine proceedings are instituted. If the 

abscondee is located, a similar affidavit shall be obtained from him and furnished to the Travel Control office 

having jurisdiction over the institution of fine proceedings with a copy of any report prepared. 

OI 254.2 Imposition of Penalty. 


Part 280. (TM 4/91)



OI 255.1 




Part 280. (TM 4/91)



OI 256.1 




Part 280. (TM 4/91)



OI 257.1 




Part 280. (TM 4/91)


OI 264 Registration and fingerprinting of aliens in the United States. 

OI 264.1 

Registration 

OI 264.2 Delivery of Form I-551 

OI 264.2a 

OI 264.3 

OI 264.4 

OI 264.5 

OI 264.6 

Issuance of Form I-551 in maiden name of 

married woman 

Alien members of the United States armed 

forces 

Countries requiring fingerprinting of 

United States citizens temporarily 

residing therein 

Registration and figerprinting of aliens 

who attain the age of fourteen 

Creation of record of lawful permanent 

resident status for alien eligible for 

presumption of lawful admission for 

permanent residence or for person born in 

diplomatic status in the United States 

OI 264.7 Verification of arrival of Form I-102 

applicant 

App.to 264.2 Public Law 97-398 

OI 264.1 Registration. 

When a Form I-94 is issued as evidence of registration to any alien whose claimed entry prior to July 1, 

1924,cannot be verified, he having satisfactorily established residence in the United States since a date prior 

to July 1, 1924, the words "Claimed entry prior to July 1, 1924, not verified" shall be inserted in the lower 

right-hand box of Form I-94. The duplicate Form I-94 shall be placed in the relating A file. 

An alien not previously registered who is granted voluntary departure without the institution of proceedings 

shall be furnished with a Form I-94, endorsed with the legend as provided in OI 242.10(f) and the copy 

furnished the Central Office shall be endorsed "ALIEN REGISTRATION." A similarly endorsed set of Form 

I-94 shall be prepared for an alien not previously registered against whom an order to show cause has been 

issued. One copy shall be forwarded to the Central Office. The other copy of the Form I-94 shall be retained 

in the alien's file for submission to the transportation company as a departure manifest in the event he is 

deported. 

OI 264.2 Delivery of Form I-551. 

An application to replace a previously issued permanent resident alien registration receipt card Form I-151 or 

I-551 shall be made on Form I-90 accompanied by the specified fee, if required, and two color photographs 

as described on Form I-90. All such applicants, regardless of age, shall be required to appear in person at a 

United States Immigration office prior to the issuance of Form I-551. Form I-89 shall be prepared by a Service 

employees at the time of such interview and the required fingerprint shall be placed thereon. The fingerprint 

shall be required of all applicants regardless of age unless the interview, fingerprint and signature 

requirements are waived at the discretion of the district director because of confinement of age, physical 

infirmity, illiteracy, or other compelling reasons. 

When an application is made for a new Form I-551 to replace a lost or destroyed Form I-151 or I-551 and the 

relating file is not available, a new Form I-551 may be issued on the basis of other evidence which 

establishes the alien's admission for permanent residence. For example, in a change-of-name case, a new 

Form I-551 may be issued upon presentation of evidence of a marriage and the old I-151 or I-551. In such 

cases, the relating files must be obtained and checks on a post-audit basis.


When an application is made for a new Form I-551 to replace a lost or destroyed Form I-151 or I-551, the loss 

or destruction must be satisfactorily established. An interview concerning the loss or destruction of a 

previously issued card my be required before action is taken on the application. 

An original Form I-551 shall be forwarded to a Service officer or American consular officer abroad for delivery 

to an alien lawfully admitted for permanent residence when, because of an emergency, the alien's departure 

is required before it can be delivered to the alien. 

An application for replacement Form I-551 may be submitted by a lawfully admitted permanent resident alien 

temporarily sojourning abroad, directly to a Service officer stationed outside the United States or through an 

American consular officer. The application must be submitted in person and if the applicant has not 

previously been issued Form I-551, a completed Form I-89, with fingerprint, shall be prepared by the Service 

or consular officer nd shall be forwarded by the Service officer to the district director having jurisdiction over 

the alien's place of residence in the United States. If the Service officer abroad is in a position at the time 

the application is initially received to note pertinent information on the Form I-90, he shall do so. When 

issued, Form I-551 shall be forwarded to the Service officer abroad for delivery. If the adjudicating officer in 

the United States determines that the applicant should be interviewed because of discrepancies existing 

between information contained in the I-90 and the applicant's file, Forms I-90 and I-89 shall be accompanied 

by a memorandum requesting the Service officer abroad to conduct such interview. After interview, I-90 and 

I-89 shall be returned to the appropriate stateside office by memorandum containing the information obtained 

including the recommendation of the Service officer who conducted the interview. 

When an application for a new Form I-551 is made to an American consular officer, he will accept the 

application and follow the procedure set forth in the preceding paragraph. 

When a Service officer stationed outside the United States forwards a Form I-90 to a stateside office for 

adjudication of the application, he shall attach a route slip requesting that adjudication, and mailing of the 

Form I-551 upon approval be expedited. Stateside offices shall give priority to the adjudication of Forms I-90 

received through consular or Service offices outside the United States, and to the preparation and 

expeditious mailing of Forms I-551 issued in such cases. Every Form I-551 forwarded abroad shall be 

accompanied by Form G-94 in duplicate. 

When any registration document is found in the wrongful possession of another person, it shall be lifted, if 

possible, and forwarded with an explanatory memorandum, including copies of Form I-213 or sworn 

statement, or both, to the file of the alien to whom the document was issued. However, counterfeit 

documents or documents with alterations or photo substitutions, unless needed for prosecution or other 

enforcement purposes shall be sent initially to the regional intelligence officer for examination. 

When such action is clearly warranted because of an emergency, temporary evidence of lawful admission for 

permanent residence shall be issued on the arrival section of Form I-94. Only the information regarding the 

alien's name, date of birth, country of citizenship, and alien registration number need be included. The 

registration number need be included. The admission block of the arrival section of Form I-94 shall be noted 

with a stamp using one of the following legends: (TM 3/86) 

Processed for I-551. Temporary Evidence of Lawful Admission of permanent residence. Valid until ________ 

Employment authorized. 

or: 

Temporary Form I-551. Admission for permanent residence at _____ (port) _________ (date) verified. 

_________ (office of issuance) ________ (date) _______________ (signature of issuing officer) __________ 

(title) 

The stamp must be in special formula ink in accordance with OI 103.2(m). A photo of the applicant must be 

attached to the block next to the admission block, thereby obliterating the admission number. The Service 

seal shall then be placed half over the admission block and half over the photo. The alien shall be advised 

that the form should not be surrendered at the time of departure since t is a document for presentation at 

time of reentry. (TM 3/86) 

The Form I-94 must be surrendered upon receipt f the laminated Form I-551. Every effort must be made to 

issue the laminated Form I-551 instead of Form I-94 as temporary evidence of permanent admission. Priority 

processing must be given to any Form I-90 when the alien has indicated that he/she intends to use the Form 

I-551 as a travel document. Any alien required by 8 CFR 264.1 to apply on Form I-90 shall do so prior to the 

issuance of Form I-94 as temporary evidence of permanent admission. For procedures for a returning


resident alien reapplying for admission, see OI 235.1(k)(3) and OI 235.4(d). (TM 4/86) 

OI 264.2a Issuance of Form I-551 in maiden name of a married woman. 

There is no objection to issuing Form I-551 in the maiden name of a married woman, if requested by her, and 

if the use of the maiden name is sanctioned by the law of the state in which she resides. 

OI 264.3 Alien members of the United States armed forces. 

Any alien enlistee in the United States armed forces subject to registration and fingerprinting shall be 

registered and fingerprinted on an applicant card in the district where he resides when his case comes to the 

attention of the Service. 

OI 264.4 Countries requiring fingerprinting of United States citizens temporarily residing therein. 

No foreign government requires fingerprinting of nationals of the United States in connection with applications 

for or issuance of nonimmigrant visas (8 CFR 264.1(e)). Therefore, fingerprinting of nonimmigrants in the 

United States who maintain status is not required for nationals of any country. 

OI 264.5 Registration and fingerprinting of aliens who attain the age of fourteen. 

A lawful permanent resident attaining the age of fourteen who has not been registered and fingerprinted shall 

be required to submit Form I-90 and be fingerprinted on Form FD-258. Form G-155 should be used in 

communicating with such aliens concerning the submission of Form I-90 and the fingerprint card. The 

Service employee who performs the fingerprinting shall endorse the "Remarks" block on the back of Form I-90 

to show that the alien was registered and fingerprinted, the date thereof, and shall sign his name and state 

his title. The alien's old evidence of alien registration shall be lifted and the Form I-90, photographs, and 

lifted evidence of registration shall be referred to examinations for determination as to whether the issuance 

of a new Form I-151 shall be authorized. 

OI 264.6 Creation of record of lawful permanent resident status for alien eligible for presumption of 

lawful admission for permanent residence or for person born in diplomatic status in the United Status. 

(a) Initial processing. 

(1) Preparation of Form I-89. At the time of submission of an application for creation of a record of lawful 

permanent resident status filed pursuant to 8 CFR 264.2(c), the immigration officer to whom it is 

submitted will have Form I-89, Adit Card Date Collection Form, prepared. The applicant's fingerprint must 

be placed on Form I-89 unless that requirement is waived for just cause. 

(2) Agency checks. When the district director having jurisdiction over the applicant's place of residence 

in the United States receives an application, the district director shall promptly request FBI and CIA 

checks on Forms G-325A in the manner prescribed by O.I. 105.10. Agency checks should be requested 

only if the applicant is fourteen years of age or older. An FBI identification check should not be 

requested for an applicant seventy-nine years of age or older. 

(b) Interview. If, after examination of the application, there is a question concerning the applicant's eligibility 

for creation of a record of lawful permanent residence, the adjudicating officer may request the applicant to 

appear for an interview. If the applicant is under eighteen years old, his/her parent or legal guardian must 

appear with him/her at the interview. The presence of an applicant who is a minor, however, may be waived 

for just cause. 

(c) Advisory opinion of State Department. If the adjudicating officer believes that an applicant for creation 

of a record of permanent resident status for a person born in the United States to a foreign diplomatic officer 

is a United states citizen, not a lawful permanent resident, because he/she was born subject to the 

jurisdiction of the United States, the officer should write a letter to the Department of State requesting an 

advisory opinion regarding the applicant's status. The letter should be addressed to the Department of 

State, Office of Protocol, Room 1238, Washington, D.C. 20520. In cases where expeditious action is 

necessary, the officer should request the advisory opinion telephonically. 

(d) Creation of record of lawful permanent residence. If the application is granted, the adjudicating officer 

should prepare a single Form I-181 and place it in the relating "A" file to show that the applicant has been 

accorded the status of a lawful permanent resident. The officer should not Form I-181 to indicate that 

section 101 of the Act is the section of law under which permanent residence is accorded.


(e) Issuance of Form I-551. After preparation of Form I-181, Form I-551 will be issued. 

OI 264.7 Verification of arrival of Form I-102 applicant. 

When an alien applies on Form I-102 for replacement of a lost, mutilated, or destroyed Form I-94, or I-95, and 

the adjudicating office desires to verify the alleged arrival by obtaining a copy of the Service's control copy 

of the relating Form I-94 or I-95, the adjudicating office shall stamp or print its three-letter alphabetical 

location code and the date in the appropriate boxes on the back of the Form I-102. The Form I-102 shall 

then be sent to the Central Office Document Handling Unit or, if the alien is not subject to centralized control, 

to the office which exercises control as specified in OI 235.10. The control office receiving the Form I-102 

shall endorse the back of that form to indicate whether or not the claimed arrival has been verified and, if 

verified, shall attach a machine copy of the relating Form I-94 or I-95. The Form I-102 shall then be returned 

to the requesting office for adjudication. 

OI Appendix of OI264.2 

OI 264.2 

APPENDIX TO OI 264.2 

PUBLIC LAW 97-398-DEC.31, 1982 

Public Law 97-398 96 STAT. 2009 

97th Congress 

An Act 

To amend title 18 of the Unites States Code to provide penalties for certain false identification related crimes. 

Be it enacted by the Senate and House of Representatives of the United States of America in Congress 

assembled. That this Act may be cited as the "False Identification Crime Control Act of 1982". Sec. 2 

Chapter 47 of title 18 of the United States Code is amended by adding at the end the following: 

Sec.1028. Fraud and related activity in connection with identification documents 

"(a) Whoever, in a circumstance described in subsection (c) of this section- 

"(1) knowingly and without lawful authority produces an identification document or a false identification 

document; 

"(2) knowingly transfers an identification document or a false identification document knowing that such 

document was stolen or produced without lawful authority; 

"(3) knowingly possesses with intent to use unlawfully or transfer unlawfully five or more identification 

documents (other than those issued lawfully for the use of the possessor) or false identification documents; 

"(4) knowingly possesses an identification document (other than one issued lawfully for the use of the 

possessor) or a false identification document, with the intent such document be used to defraud the United 

States; or 

"(5) knowingly produces, transfers, or possesses a document-making implement with the intent such 

document-making implement will be used in the production of a false identification document or another 

document-making implement which will be so used; 

"(6) possesses an identification document that is or appears to be an identification document of the United 

States which is stolen or produced without authority knowing that such document was stolen or produced 

without authority; 

or attempts to do so, shall be punished as provided in subsection (b) of this section. 

"(b) The punishment for an offense under subsection (a) of this section is- 

"(1) a fine of not more than $25,000 or imprisonment for not more than five years, or both if the offense is- 

"(A) the production or transfer of an identification document or false identification document that is or


appears to be- 

"(i) an identification document issued by or under the authority of the United States; or 

"(ii) a birth certificate, or a driver's license or personal identification card; 

"(B) the production or transfer of more than five identification documents or false identification documents; or 

"(C) an offense under paragraph (5) of such subsection; to a fine of not more than $15,000 or imprisonment 

for not more than three years, or both, if the offense is- 

"(A) any other production or transfer of an identification document or false identification document; or 

"(B) an offense under paragraph (3) of such subsection; and 

"(3) a fine of not more than $5,000 or imprisonment for not more than one year, or both in any other case. 

"(c) The circumstance referred to in subsection (a) of this section is that- 

"(1) the identification document or false identification document is or appears to be issued by or under the 

authority of the United States or the document-making implement is designated or suited for making such an 

identification document or false identification document; 

"(2) the offense is an offense under subsection (a)(4) of this section; or 

"(3) the production, transfer, or possession prohibited by this section is in or affects interstate or foreign 

commerce, or the identification document, false identification document, or document-making implement is 

transported in the mail in the the course of the production transfer or possession prohibited by this section. 

"(d) As used in this section- 

"(1) the term identification document means a document made or issued by or under the authority of the 

United States Government, a State political subdivision of a State, a foreign government political subdivision 

of a foreign government, an international governmental or an international quasi-governmental organization 

which, when completed with information concerning a particular individual, is of a type intended or commonly 

accepted for the purpose of identification of individuals; 

"(2) the term 'produce' includes alter, authenticate, or assemble; 

"(3) the term document-making implement means any implement or impression specially designed or primarily 

used for making an identification document, a false identification document or another document-making 

implement. 

"(4) the term ' personal identification card' means an identification document issued by a State or local 

government solely for the purpose of identification; and 

"(5) the term 'State' includes any State of the United States, the District of Colombia, the Commonwealth of 

Puerto Rico, and any other possession or territory of the United States. 

"(e) This section does not prohibit any lawfully authorized investigative, protective or intelligence activity of a 

law enforcement State, or of an intelligence activity of a law enforcement State, or the intelligence agency of 

the United States, or any of 1970 (18 U.S.C. note prec. 3481)." 

Sec. 3. The table of sections at the beginning of chapter 47 of title 18 of the United States Code is amended 

by adding at the end the following: 

"1028. Fraud related activity in connection with identification documents." 

Sec. 4(a) Chapter 83 of title 18, United States Code is amended by adding at the end thereof the following: 

"Sec. 1738. Mailing private identification documents without a disclaimer 

"(a) Whoever being in the business of furnishing identification documents for valuable consideration, and in 

the furtherance of that business uses the mails for the mailing, carriage in the mails, or delivery of or causes 

to be transported to foreign commerce, any identification document-


"(1) which bears a birth date or age purported to be that of the person named in such identification document; 

and 

"(2) knowing that such document fails to carry diagonally printed clearly and indelibly on both the front and 

back "NOT A GOVERNMENT DOCUMENT" in capital letters in not less than twelve point type; 

shall be fined not than $1,000, imprisoned not more than one year or both. 

"(b) For purposes of this section the term 'identification document' means a document which is of a type 

intended or commonly accepted for the purpose of identification f individuals ad which is not issued by or 

under the authority of a government". 

(b) The table of section sat the beginning of chapter 83 of title 18, United States Code, is amended by adding 

at the end thereof the following new item; 

"1738. Mailing private identification documents without disclaimer". 

Sec. 5 Section 3001(a) of title 39, United State Code is amended by striking our "or 1718" and inserting in 

lieu thereof "1718, or 1738".


OI 265 Notices of address. 

OI 265.1 

Failure to company with reporting 

requirements 

OI 265.1 Failure to comply with reporting requirements. 

(a) Failure to report. Failure by an alien to comply with the reporting requirements of section 265 of the Act, 

regarding notification of address and change of address, shall not normally serve as the sole basis for 

initiating prosecution or deportation proceedings. 

(b) Evidence of registration. Any alien not in possession of an alien registration card shall be advised of 

the requirement and sanctions of section 264 of the Act and shall be furnished an application for a 

replacement or duplicate card.



OI 271.1 



Penalties for violations of section 271 of the Act shall be imposed in accordance with the provisions of 8 

CFR Part 280 (TM 4/91)



OI 272.1 



272.1 Penalties for violations of section 272 of the Act shall be imposed in accordance with the provisions 

of 8 CFR Part 280 (TM 4/91)



OI 273.1 

OI 273.2 

OI 273.3 

Landed stowaways; fine proceedings 

Requests for asylum 


OI 273.1 Landed stowaways; fine proceedings. 

When a detained on board stowaway has absconded or landed stowaway is encountered, and the vessel on 

which the stowaway arrived is still in port, efforts shall be made to secure a sworn affidavit or statement from 

the master or other responsible ship's officer attesting to the facts in the case. An appropriate report, 

together with any affidavits secured, shall be referred to Travel Control of consideration of fine proceedings 

are instituted. If the stowaway and furnished t the Travel Central office having jurisdiction over the institution 

of fine proceedings with copy of any report prepared. 

OI 273.2 Requests for asylum. 

A request for asylum by a detained on board stowaway shall be handled number the procedures outlined in 

OI 208.10. 



Part 280 (TM 4/91)


OI 274 Seizure and forfeiture of conveyances. 

OI 274.1 

OI 274.2 

OI 274.3 

OI 274.4 

OI 274.5 

OI 274.6 

OI 274.7 

OI 274.8 

OI 274.9 

OI 274.10 

OI 274.11 

OI 274.12 

OI 274.13 

OI 274.14 

OI 274.15 

OI 274.16 

OI 274.17 

OI 274.18 

OI 274.19 

OI 274.20 

OI 274.21 

General 

Seizure authority 

Custody of the seized conveyance 

Determining which conveyance may be 

seized 

Determination ownership and expeditious 

return of conveyance 

Proof of interest 

Appraisal of conveyance 

Notification of registered owner or 

alien holder of seizure 

Publication of notice 

Requirements as to claim and bond 

Summary forfeiture 

Judicial forfeiture 

Petitions for relief of forfeiture 

Petitions for remission 

Petitions for mitigation 

Petitions for restoration of proceeds 

Time for filing petitions 

Straw purchase transactions 

Handling of petitions; judicial 

forfeiture 

Compromise of claims 

Awards to informants 


The authority of the Regional Commissioner to receive and maintain in storage and dispose of all conveyance 

seized under the Act may be delegated to District Directors and Chief Patrol Agents for seizures occurring 

within their areas of jurisdiction. 

OI 274.2 Seizure Authority. 

Pursuant to 8 CFR 274.2. Immigration Offices designated as the custodian of the seized conveyance, by 

the commissioner of the service area :Border Patrol Agents ,Criminal Investigators, Immigration Inspectors 

and Airplane Pilots. 

OI 274.3 Custody of the seized conveyance


(a) The regional commissioner is designated as the custodian of the seized conveyance,having the authority 

to store and dispose of the conveyance. The Regional Commissioner will also maintain records concerning 

all seized property. In doing so, he may call upon officials in district s or sectors to prepare and forwarded 

and appropriate forms or reports on seizure activity. 

(b) The Regional Commissioner as custodian shall exercise reasonable care in strong the seized 

conveyance. 

(c) A seized conveyance which is declared forfeited by the Regional Commissioner shall be disposed in 

accordance with 8 U.S.C. 1324(b), 8 CFR 274.3 and 40 U.S.C. 304. 

OI 274.4 Determining which conveyance may be seized. 

(a) Primary emphasis of the conveyance seizure program is to deter the smuggling and transportation of 

illegal aliens into and throughout the United States. Service officers should consider the deterrent effect in 

determining whether or not to seize a conveyance. Any conveyance which an officer has probable cause to 

believe has been used in the commission, in furtherance of, or in connection with a violation of 8 U.S.C. 

1324(a) [Section 274(a) of the Act] is subject to seizure. 

(b) Officers should familiarize themselves with the warrant requirement and its exceptions. In many 

situations officers encounter conveyances which may be seized without a warrant under the moving 

conveyance exception and where exigent circumstances otherwise excuse the need to obtain a warrant. 

However where the officer has prior knowledge of the location of the conveyance and proceeds to that 

location with an intention to seize, a warrant should be obtained. 

OI 274.5 Determination of ownership and expeditious return of conveyance. 

(a) Attempts will be made to determine the owner and lien holder of the conveyance as expeditiously as 

possible. The owner and lien holder will be notified of the seizure pursuant to OI 274.8. In accordance with 

8 CFR 274.5 and 274.8 the owner may request a personal interview with an immigration officer other than the 

officer who initially encountered the conveyance to present evidence and argument the conveyance is not 

subject to forfeiture. If a determination is made not to forfeit a conveyance as provided for in 8 CFR 274.5(c) 

or (d), a letter notifying the owner of the availability of the conveyance for return shall be sent return 

requested in accordance with 274.5 (d). 

(b) 8 CFR 274.5(b) sets forth the conveyances which are not subject to forfeiture. 

(c) If the seized conveyance is the subject of judicial forfeiture proceeding, and the conveyance and the 

Regional Commissioner determines that the conveyance is not subject to forfeiture, he shall immediately 

notify the United States Attorney that the conveyance is required to be returned to the owner and that the 

judicial forfeiture proceedings must be terminated. The owner will then be advised that the conveyance is 

available for return to him upon payment of the costs of seizure. This notice will advise him that if the 

conveyance is not claimed within sixty (60) days of the date of the notice, it shall be considered abandoned 

to the government and disposed of as provided by law. 

OI 274.6 Proof of Interest. 

Any person claiming a property interest (as defined by 8 CFR 274.1(h) in a seized conveyance has the 

burden of existed at the time of the seizure of the conveyance. Such claimant must present documentation 

to establish a proper interest in compliance with the applicable state law, such as vehicle registration and 

title laws application to secured transaction. In the absence of such documentation, it shall be presumed 

that such a property interest does not exist. 

OI 274.7 Appraisal of Conveyance. 

The wholesale value of the seized conveyance at the time and place of seizure shall be the appraised value 

of the conveyance for purposes of 8 CFR 274. 

OI 274.8 Notification of registered owner or alien holder of seizure. 

As soon as a conveyance is seized and the owner and lien holder identified, a sent to the owner and lien 

holder. The notification will advise the owner of the provisions of 8 CFR 274.5 and will be accompanied by 

copies of the Act, applicable regulations and the proposed notice as required under 8 CFR 274.9.


OI 274.9 Publication of Notice. 

(a) When a conveyance is seized, notice shall be sent as provided in 8 CFR 274.8 and the notice shall be 

published as provided is 8 CFR 274.9. This notice shall be published once a week for three successive 

weeks. A copy of this notice shall be sent to the owner(s) and known lien holder(s) in accordance with 8 

CFR 274.8. 

(b) The notice shall: 

(1) describe the seized conveyance and show the the identification number of the conveyance; 

(2) state the time, cause, and the place of seizure; 

(3) state that any person claiming ownership of the seized conveyance who wishes to obtain a judicial 

determination of forfeiture by a U.S. District Court must within 20 days of the date of first publication of 

the notice, file with the Regional Commissioner a claim to the conveyance and a bond with satisfactory 

sureties in the sum of $250; and 

(4) state that petition for remission or mitigation of forfeiture my be filed with the Regional Commissioner 

in accordance with 8 CFR 274.13-274.19. 

OI 274.10 Requirements as to claim and bond. 

(a) Claim and cost bond requirements are set forth in 8 CFR 274.10. 

(b) To obtain a judicial determination of forfeiture of a conveyance with an appraised value not exceeding 

$10,000, a person claiming ownership must file a claim accompanied by a cost bond in the sum of $250 with 

the Regional Commissioner within 20 days of the date of first publication (pursuant to 8 CFR 274.9 of the 

notice of seizure and intention to forfeit. 

(c) To be timely nd properly filed, a claim and bond must be receive by the Regional Commissioner no later 

than the 20th day after the date of the first publication of the notice. 

(d) If the claim and cost bond are not timely and properly filed, they shall be returned with a cover letter 

setting forth the deficient or untimeliness. The claimant shall be further advised that the deadline for filing of 

the proper claim ad cost bond cannot be extended. 

(e) A claim and cost bond which are timely and properly filed, shall be acknowledge by advising the filling 

party that proceedings will be commenced in a United States District Court. The claim and a report on the 

seizure of the conveyance shall then be transmitted to the United States Attorneys for the judicial district in 

which the seizure occurred for the commencement of a judicial forfeiture proceeding. 

(f) The timely and proper filing of a claim and cost bond does not entitle the claimant to possession of the 

seized conveyance but does preclude summary forfeiture of the conveyance. 

OI 274.11 Summary forfeiture. 

It the appraised value of the seized conveyance does not exceed $10,000 and a claim and cost bond are not 

timely and properly filed [see OI 274.10], the Regional Commissioner shall declare the conveyance forfeiture 

and shall prepare a Declaration of Forfeiture. Thereafter, the conveyance shall be placed into official use, 

sold or otherwise disposed of in accordance with appropriate instructions. 

OI 274.12 Judicial forfeiture. 

If the appraised value is greater than $10,000 or a claim and bond have been timely and properly received in 

the case of a conveyance with an appraised value not exceeding $10,000, the conveyance shall be 

processed as provided for in 8 CFR 274.12. If the Regional Commissioner determines that a conveyance in 

judicial forfeiture proceedings is not to be forfeited, action shall be taken as provided in O.I. 274.5(c). A 

petition filed while a conveyance is under judicial proceedings will be handled pursuant to 8 CFR 274.19. 

OI 274.13 Petitions for relief of forfeiture. 

(a) A petition filed for relief from forfeiture of a seized conveyance must be in compliance with 8 CFR 274.13. 

A petitioner must establish an appropriate interest in the seized conveyance, and the petition must be 

signed and sworn to by the petitioner before a notary public, or other official authorized to administer oaths.


Separate petitions must be filed for each type of relief requested pursuant to 8 CFR 274.14, 274.15, and 

274.16. The burden is solely on the petitioner to establish that any relief from forfeiture is warranted. 

(b) If a seized conveyance is subject to summary forfeiture under 8 CFR 274.11, petitions for remission or 

mitigation must be filed with the REgional Commissioner pursuant to 8 CFR 274.13(a). If a seized 

conveyance is subject to a judicial forfeiture proceeding, petitions for remission or mitigation must be filed as 

provided by 8 CFR 274.19. 

(c) A petition properly filed with a Regional Commissioner shall be acknowledged upon receipt and the 

Regional Commissioner shall institute an investigation of the allegations therein. 

(d) A determination by the Regional Commissioner on any properly filed petition shall not be issued until the 

seized conveyance has been declared forfeited. 

(e) In accordance with 8 CFR 274.17(a), a petition for remission or mitigation must be received before the 

seized conveyance has been placed in official use or sold following a declaration of forfeiture. 

(f) A petition for restoration of proceeds must be received by the Regional Commissioner no later than 90 

days after the seized conveyance is sold r placed in official use. 

OI 274.14 Petition for Remission. 

(a) The Regional Commissioner shall apply the provisions of 8 CFR 274.17 to adjudicate any petition for 

remission. 

(b) The owner of a seized conveyance is not eligible for remission of forfeiture. 

OI 274.15 Petition for Mitigation. 

The Regional Commissioner shall apply the provisions of 8 CFR 274.15 to adjudicate any petitions for 

mitigation. 

OI 274.16 Petition of Restoration of Proceeds. 

(a) The Regional Commissioner shall apply the provisions of 8 CFR 274.5, 274.14, and 274.15 to adjudicate 

any petitions for restoration of proceeds of sale. 

(b) A petition for restoration of proceeds may be filed only by a petitioner who did not know of the seized of 

the conveyance prior to the declaration of forfeiture. The petitioner has the burden of establishing the lack 

of knowledge of the seizure. 

(c) Upon approval of a petition the amount paid to the petitioner shall be all or a portion of the following: (1) If 

the conveyance was placed in official use, the recognized equity of the petitioner diminished by the 

expenses of the seizure, custody, and forfeiture of the conveyance; or (2) If the conveyance was sold, the 

amount of the sale price of the conveyance diminished by the expense of the seizure, custody, forfeiture, 

and sale of the conveyance, up to the recognized and sale of the conveyance, up to the recognized equity 

of the petitioner. 

OI 274.17 Time for filing petitions. 

See O.I. 274.13(e) and (f). 

OI 274.18 Straw purchase transactions. 

[Reserved]. 

OI 274.19 Handling of petitions; judicial forfeiture. 

A petition filed when a conveyance is under judicial proceeding will be handled pursuant to 8 CFR 274.19. 

OI 274.20 Compromise of Claims. 

If a United States Attorney proposes to compromise a judicial forfeiture proceeding, pursuant t 8 CFR 274.20 

the United States Attorney must consider the probabilities of successfully prosecuting the forfeiture action 

and the terms of the proposed compromise thereof and consult with the Regional Commissioner. The United


States Attorney must also obtain the concurrence of the Assistant Attorney General, Criminal Division, 

Department of Justice in order to compromise a case. Upon being consulted with respect to compromising a 

case, the Assistant Attorney General, Criminal Division, addressing the facts and law applicable to the 

subject case and the effect of the compromise upon the enforcement mission of the Service and the 

deterrent effect of the seizure of conveyance pursuant to 8 U.S.C. 1324(b). 

OI 274.21 Awards to Informants. 

[Reserved].


OI 274a Control of employment of aliens. 

OI 274a.1 

Delegation of authority to Chief 

Patrol agents to issue employment 

authorization (Blue page)


OI 280 Imposition and collection of fines 

OI 280.1 

Section 231(d) 

OI 280.2 Section 239 

OI 280.3 

OI 280.4 

Departure of vessel prior to denial of 

clearance 

Jurisdiction to institute fine 

proceedings 

OI 280.1 Section 231(d). 

Fine proceedings shall be instituted against a carrier when it fails to present required Forms I-94, presents 

Form I-94 containing inaccurate statements, repeatedly presents incorrect manifests or presents an illegible 

manifest, unless the carrier's representative is immediately available to prepare Forms I-94 or make minor 

corrections on the manifest without appreciably delaying the inspection of arriving passengers, or exercised 

reasonable diligence in securing the necessary information and inserting it on the form, or if after notification 

of deficients furnishes the required information. When fine proceedings are instituted because of 

deficiencies in Forms I-94, clearly show that notice was given the carrier by use of Form I-80 and the 

opportunity afforded to rectify deficiencies or make corrections. Similarly, in cases where fine proceedings 

are instituted because of failure to submit departure forms, the record shall clearly show that notice was 

given the carrier by use of Form I-83 and the opportunity afforded to submit the required forms. 

Fine proceedings shall not be instituted for failure to furnish on Forms I-94 the permanent address f a 

TRWOV passenger emigrating from one foreign country to another; nor for failure to include information 

regarding date, place and manner f admission or date to which admitted or extended when Forms I-94 are 

presented for departing nonimmigrants and the original entry Form I-94 has been lost, cannot be located or 

the information readily ascertained when the nonimmigrant readily ascertained when the nonimmigrant is being 

processed for departure by the carrier. Lacking evidence to the contrary, it will be presumed that the 

specific information was not readily available. 

OI 280.2 Section 239. 

Copies of Form I-79 (Notice of Intention to Fine), Form G-297 (Order to Seize Aircraft), and Form G-298 

(Public Notice of Seizure) shall be furnished to the Drug Enforcement Administration, E1 Paso Intelligence 

Center, 2211 East Missouri Street, E1 paso, Texas 79903 attention ICS (INS), (in addition to the distribution 

designated in 8 CFR 280.11 and 280.21). 

OI 280.3 Departure of vessel prior to denial of clearance. 

The name of each vessel served with a Notice of Intention of Fine, Form i-79, but which has not paid the fine 

or given a bond to secure payment thereof, shall be furnished to the district director in New York by the 

regional office responsible for collection of the fine. By reference to not only determine the United States 

port, if any, to which the vessel is proceeding but the district amount owing by that vessel. The district 

director of customs can then deny clearance of the vessel until the fine is paid or until an appropriate bond 

to assure payment is given. 

OI 280.4 Jurisdiction to institute fine proceedings. 

When there is a conflict between district and/or regions as to which is responsible for instituting the 

administrative fine of a violation as in the case of the vessel inspected in one district which sails coastwise 

and from which a crewmember deserts in another district, the deciding factor should in another district the 

deciding facto should be the location in which the violation actually occurred, regardless of where the vessel 

was originally inspected. (TM 9/85)


OI 287 Field officers; powers and duties. 

OI 287.1 

OI 287.1a 

OI 287.2 

OI 287.3 

OI 287.3a 

OI 287.4 

OI 287.5 

OI 287.6 

OI 287.7 

OI 287.8 

OI 287.9 

OI 287.10 

OI 287.11 

OI 287.12 

OI 287.13 

OI 287.14 

OI 287.15 

OI 287.16 

OI 287.17 

OI 287.18 

OI 287.19 

Arrest without warrant 

Arrest for crime other than immigration 

offenses 

Boarding and searching conveyances 

within reasonable distances of 

boundaries and at other points 

Entering private lands 

Questioning persons during labor 

disputes 

Subpoena 

Inquiry as to criminal record 

Power and authority to administer oaths 

Reports in smuggling cases 

False claims of citizenship 

Fraudulent procurement for use of 

United States passports and visas 

(Blue page) 

Reporting and Resolving Allegations of 

Employee Misconduct (Revised effective 2/26/96) 

Violations of 18 U.S.C. 2199, relating 

to stowaways. 

Violations of military selective 

service act (5U.S.C.app.463(d)) 

Dealings with United States 

attorneys 

Unauthorized reproduction of 

naturalization or citizenship 

certificate 

Carrying weapons abroad aircraft 

Escorting detained aliens classified 

dangerous by the Service 

Carrying Service manuals, handbooks, 

reports, or files aboard commercial 

aircraft 

Carrying aerosol tearing devices 

aboard commercial airliners 

Countries party to the convention 

abolishing the requirement of 

of legislation for foreign public 

documents


App 1 to 287.10 Examples of Class 1 Allegations 





App 6 to 287.10 Final Disposition of a Class 4 Allegation (Appendix 6 added for the November 1997 

INSERTS edition) (See May 8, 1997 and July 25, 1997 memorandums) 

OI 287.1 Arrest without warrant. 

Officers making arrest without warrants or searching conveyances, in addition to being thoroughly familiar 

with section 287 of the statute, 8 CFR 287 and the relating OI's are also charged with a through knowledge 

and sensible application of the rules set forth in the handbook (Form M-69) "Authority of Officers of the 

Immigration and Naturalization Service to Make Arrests." 

OI 287.1a Arrest for crimes other than immigration offenses. 

Because there is no federal common law, officers of the Service may lawfully make arrests for crimes not 

cognizable under the immigration laws only if the laws of the state or territory in which they are operating 

permit them as private citizens to make arrests. An officer should make an arrest as private citizen only 

under extraordinary circumstance for the may be used for damages if his action is unlawful under state law, 

regard less of his belief that it is lawful. For his own Protection he should be certain that some law, state or 

federal authorized him to make the arrest. (Added) 

OI 287.2 Boarding and searching conveyance within reasonable distance of boundaries and at other 

points. 

(a) Scope of power to search conveyance. The power to board and search conveyance under section 

287(a)(3) may be used with respect to all conveyances only in those districts having border patrol 

operations. In the other districts, that power shall, unless prior Central Office approval in obtained be used 

only with respect to aircraft and vessels within the territorial waters of the United States. 

(b) Power to search conveyance under section 235(a). The power to board and search conveyance 

conferred by section 235(a) may be used in all districts. That section confers such power upon power upon 

immigration officers who have reason to believe that aliens are being brought into the United States upon the 

conveyance to be searched and places no limitation as t be distance between the conveyance and the 

external boundary of the United States. 

(c) Authority to establish permanent highway traffic checkpoints. Regional office plans to establish 

additional permanent highway traffic checkpoints will be submitted to the Associate Commissioner 

Enforcement for his review and approval. All requests must meet outstanding Supreme Court decisions 

relating to Service operation of checkpoints. 

OI 287.3 Entering private lands. 

Whenever possible patrol officers should inform the owner or occupant of private lands that they propose to 

avail themselves of their power of access to those lands. If a direct challenge is made of an officer's 

authorities to carry out duties by a rancher farmer or plant operator, etc., the matter should be immediately 

brought to the attention of the office supervisor. In most cases consent will be given in advance for 

extended periods; if not and after all methods of persuasion have failed including efforts by persuasion have 

failed, including efforts by personal interview and the placing of the landholder on notice of the law by 

registered mail, officers may gain access to areas within the twenty-five mile area by the most expeditions 

means, if absolutely necessary. This is an extreme measure and is to be resorted to only on the direction of 

a supervisory officer after careful consideration. The fences and gates should be repaired immediately and 

precautions taken to avoid damage to the property. 

OI 287.3a Questioning persons during labor disputes.


Upon receipt of information from a responsible source, alleging the presence of undocumented aliens on a 

picket line, arrangements will be made with the local representative of the union, if possible, to question 

persons whose immigration status may be in question. Generally, arrangements should be made for the 

questioning to take place at a time and location other than when the persons are on the picket line. Similarly, 

when union representatives furnish information concerning undocumented aliens, this information should be 

worked as expeditiously as possible, taking into consideration the capabilities of the operating units and 

other pressing assignments. 

OI 287.4 Subpoena. 

In the first four blanks of the narrative portion of subpoena Form I-138 shall be inserted, respectively, the 

title of the Service officer before whom the appearance will be made, and the pace, date, and time of 

appearances. Following the word "with" on the third line, insert the following words, as applicable; (an)(a) 

exclusion, deportation, status, naturalization, or denaturalization. The name of the subject of the 

proceedings shall inserted on line five. Following the word "concerning" shall be inserted, whichever is 

appropriate, the language: (his)(her) privilege of entering, reentering, residing in, or passing through the 

United States; or (his)(her) application for the benefits under the said Act; or, (his)(her) eligibility for 

naturalization; or whether (his)(her) naturalization is subject to revocation. 

In interrogating the subpoenaed person, every precaution shall be exercised to confine interrogations clearly 

within the scope of the nd pertinent to the nature and purpose of the proceeding involved. Documents 

directed to be produced must be described with sufficient definiteness to enable unmistakable identification 

and a reasonable period shall be allowed for assembling and production. 

OI 287.5 Inquiry as to criminal record. 

When it is necessary to question the subject or applicant to determine whether he has a criminal record, care 

shall be taken to phrase questions in simple language which will not permit a misunderstanding of the 

question or evasion in the answer. Questions shall be United States or in any foreign country. 

If there is any indication of an arrest, the record should be developed to show as specifically as possible the 

violation of law for which the arrest was made; the place and date of the violation; the nature of the violation 

and attendant circumstances; and the resulting actions, such as dismissal, or place and date of trial, verdict 

and where appropriate sentence. Any subsequent actions, such as the granting of a pardon, should be 

developed. 

OI 287.6 Power and authority to administer oaths. 

Any district director who finds that it would improve efficiency to have clerical or other employees administer 

oaths to persons who appear at offices of the Service to file applications or petitions of the Service to file 

applications or petitions may designate such employees for that purpose. The designation by a district 

director shall be in writing and shall cite 8 CFR 287.5 and 332d.1 as its basis. Except with respect to taking 

depositions of witnesses in naturalization proceedings, employees so designated shall not administer oaths 

to persons who appear for interview or hearing. 

OI 287.7 Reports in smuggling cases. 

(a) When one or more of the principals reside in Mexico. When a smuggling case involves one or more 

principals who reside in Mexico, a sworn question-and-answer statement shall be taken from each person 

apprehended. Such statement shall whenever possible, fully describe the acts committed by such principals 

so that the statement may be presented to the Mexican authorities in an effort to bring about criminal 

prosecution or other action in Mexico. 

If practicable, the nearest Mexican consul shall be invited to participate in the interrogation. In any event, 

he should be furnished with copies of the statements taken. 

Two legible copies of such sworn statements, and one copy of a narrative report, shall be furnished the 

Director Director, Mexico City, so that he may, when appropriate, seek action by the Mexican authorities 

against the principals residing in Mexico. 

The District Director, Mexico City, shall submit reports to the districts of origin showing what success he 

has in bringing about the criminal prosecution of the principals residing in Medico. 

(b) Mexican and Canadian Border Anti-Smuggling Information Centers. Mexico and Canadian Border 

Anti-Smuggling Information Centers are maintained by the Supervisory Border Patrol Agent (Deputy Director -


EPIC), and the Chief Patrol Agent at Swanton, Vermont, respectively. Al Service offices submit Forms G-170 

to the appropriate center with information concerning known and suspect repeater or professional arrangers, 

transporters harborers, and smugglers of aliens who operate or can or Canadian borders. The Form G-170 

are retained in indices at the centers and any subsequent additional information furnished on skeletal Forms 

G-170 is added to the original by center personnel. In emergent situations, where it is believed smuggling 

suspects may be encountered by Service officers before receipt of Forms G-170, information should be 

telephoned to the appropriate center. From this information, center personnel shall prepare a skeletal Form 

G-170 for use pending receipt of the original from the office originating the call. Annually, in the months of 

January, the G-170 indices will be reviewed and those cards relating to subjects who have not been active in 

the preceding five years, or which no longer serve a useful purpose are to be removed from the index and 

destroyed. Service officers should make full use of the information available. Identifying details, modus 

operandi, and other known data concerning active smugglers are available 24 hours a day of the northern 

border from: 

Chief Patrol Agent 

U.S. Border patrol 

Swanton, Vermont 05488 

KAD 640 

FTS 832-5433 

Commercial 802-868-3361 

or for the southern border from: 

Drug Enforcement Administration 

El Paso Intelligence Center 

2211 East Missouri Street 

El Paso, Texas 79903 

Attention: ICS (INS) 

FTS 572-7942 through 7950 

The Supervisory Border Patrol Agent (Deputy Director - EPIC) and the Chief Patrol Agent at Swanton are 

responsible for the maintenance, publication, and dissemination of inserts and amendments to the Mexican 

Border and Canadian Border indexes of active smugglers, respectively. The indexes, or "mug books" shall 

not limited to smugglers and transporters in one more of the following categories: those operating repeatedly 

for gain in the movement of groups of aliens; those utilizing air or boat operations or a complicated modus 

operandi; those furnishing documents, including counterfeit or altered ones, to facilitate the entry or avert 

detection of aliens smuggled; travel bureau operators, and wildcat taxi operators. 

OI 287.8 False claims of citizenship. 

(a) Apparent violations of 18 U.S.C. 911. If an apparent violation of 18 U.S.C. 911, relating to false claims 

of citizenship, is indicated the Service may complete the required investigation. It is not necessary to refer 

the facts to any other Government investigating agency, although it is to be understood that other agencies 

of the Department of Justice may take investigative action on such apparent violations which may come to 

their attention. 

(b) Fraudulent Document Center. A Fraudulent Document Center was established in 1958 to develop 

measures to combat false claims to United States citizenship by Mexican aliens. The Center was updated in 

1979 to include aliens of all nationalities who are documented false claims to U.S. citizenship. The Center is 

located at the El Paso Intelligence Center (EPIC) as part of the INtegrated Combined Systems (ICS) (INS). 

ICS (INS) will furnish information to assist Service officers in conducting investigations and obtaining 

evidence, compile statistics to determine the scope of the problem, and assemble and coordinate information 

pertaining to false claimants by indexing known and suspected violators. 

Communications should be sent by any method to the Drug Enforcement Administration, El Paso 

Intelligence Center, 2211 East Missouri Street, El Paso, Texas 79903, attention ICS (INS). Replies will be 

made direct. 

Birth and baptismal certificates used by aliens to support false claims to United States citizenship shall be 

forwarded to the center with copies of reports and Form G-329 containing details of the fraud. An executed 

unfolded fingerprint chart, and a photograph of the alien if available, shall also be furnished to provide a 

means to rapidly and positively identify suspected repeaters. If the original documents must be retained for 

any reason, photographic or facsimile copies will be sent instead. Thermofax copies are not acceptable.


When the document presented by the alien is genuine, but pertains to another person, complete biographical 

and family information regarding the person to whom the document actually pertains should be included, if 

available. 

The Center will cross reference the name on the document, the name of the alien using the document, the 

name of the issuing official, and the office of issuance. In delayed birth certificate cases the names of 

witnesses and the notary public or other officials administering the oath or accepting the documents for filing 

will also be cross referenced. As the need arises, additional data will be indexed and tabulated. 

In cases where a doubtful claim to United States citizenship exists but the matter cannot be resolved 

while the claimant is readily available, the Service officer may consult INS records or other reliable sources 

of information to determine if alienage can be established. On occasion, Service officers forward fingerprint 

charts to the FBI when the individual claiming United States citizenship voluntarily agrees to be fingerprinted. 

When either the FBI return, INS record, or other record source reflects and apparent violation of 18 U.S.C. 

911, an investigation shall be conducted to ascertain the person's whereabouts. If efforts fail to locate a 

person whose record reflects he is in the United States in violation of law, a copy of the memorandum or 

investigative report containing factual details of the violation shall be forwarded to the Center for indexing 

and retention. The information will be processed at the Center in the manner set forth in the preceding 

paragraph. 

The Supervisory Border Patrol Agent (Deputy Director - EPIC) will notify State Registrars or other issuing 

officials when a determination of fraud has been made so that the record may e flagged or the certificate 

cancelled. 


OI 287.10 Reporting and Resolving Allegations of Employee Misconduct (Revised effective 2/26/96) 

(a) 

Principles. 

(1) The resolution of employee misconduct issues and the correction of individual employees 

and systemic deficiencies that foster and permit misconduct are critically important, not only to the 

management and employees of the Immigration and Naturalization Service (Service), but to the public it 

serves. 

(2) Allegations of misconduct on the part of Service employees will be addressed promptly, 

thoroughly, fairly, and at the lowest management level appropriate. Generally, the following are intended: 

(i) Performance problems and minor alleged misconduct will be addressed 

independently by local Service managers and supervisors; 

(ii) More serious alleged misconduct will be addressed by local Service managers and 

supervisors but under the procedures and oversight of the Service's Office of Internal Audit (OIA); and 

(iii) The most serious alleged misconduct, including that which is likely to lead to 

criminal prosecution, will be addressed by and/or coordinated through the Office of the Inspector General, 

Department of Justice (OIG, DOJ), and/or the OIA. 

(b) 

Definitions. 

(1) An allegation of misconduct is information from any source that a Service or contract 

employee has violated any federal, state, or local statute, DOJ or Service regulation, or any standard of 

conduct. Such allegations concern not only on the job conduct, but conduct off the job that may affect the 

programs and operations of the Service. For the purpose of this instruction, allegations are divided into the 

four classes as defined below. Examples of the four classes of allegations are listed in Appendices 1 

through 4. 

(2) A Class 1 allegation of misconduct is one that concerns an alleged violation of law which is 

likely to result in criminal prosecution. Examples of Class 1 allegations are listed in Appendix 1. 

(3) A Class 2 allegation of misconduct is one that concerns: 

(i) Alleged misconduct by a supervisor or by any employee at or above the GS-14 

level which otherwise would constitute a Class 2 or Class 3 allegation; or


seriousness. 

(ii) 

An alleged offense listed in Appendix 2 or an offense of comparable nature and 

(4) A Class 3 allegation of misconduct is one that concerns a less serious alleged violation of 

law, rule, or regulation. Examples of Class 3 allegations are listed in Appendix 3. 

(5) A Class 4 allegation of misconduct is one that concerns an instance of minor misconduct. 

Examples of Class 4 allegations are listed in Appendix 4 . 

(6) An investigation is a formal review of an allegation of misconduct, usually performed by a 

trained investigator. 

(7) A management inquiry is a review of an allegation conducted at the headquarters, region, 

district, or sector level by a management official or his/her designee. 

(8) An information referral is a referral to management of an alleged violation of the Immigration 

and Nationality Act or an allegation of misconduct which does not appear to have investigative merit. 

(9) A preliminary inquiry comprises a supervisor's or management official's gathering of relevant 

records, logs, and reports, and obtaining memoranda from those who may have first-hand knowledge in order 

to obtain information about an incident of alleged misconduct sufficient to determine and take the appropriate 

action under OI 287.10. 

(10) A matter is proven by a preponderance of the evidence when the evidence supporting it is 

of greater weight or is more convincing than the evidence in opposition to it. It is that degree of proof which 

is more probable than not. The preponderance of the evidence is not determined by the number of 

witnesses, but by the significance and weight of all evidence. 

(11) A substantiated allegation of misconduct is one which is established as true by a 

preponderance of the evidence. 

(12) An unsubstantiated allegation of misconduct is one which is not established as true by a 

preponderance of the evidence. 

(13) An individual corrective action is an action taken with respect to an individual employee 

based on a substantiated allegation of misconduct. Examples are counseling, informal and formal 

disciplinary action, adverse action, remedial training, and reassignment. 

(14) A systemic corrective action is an action taken with respect to conditions which permitted 

or contributed to misconduct or the perception of misconduct. Systemic corrective actions are made in order 

to reduce vulnerability to fraud, waste, abuse, and mismanagement. Examples are revision of procedures, 

tightening of internal controls, alteration of methods, increased oversight or supervision, improved security 

measures, and training. 

(c) 

Employee responsibility for reporting allegations of misconduct. 

(1) All Service employees are responsible for immediately reporting either orally or in writing any 

allegation of misconduct as follows: 

(i) 

(ii) 

To their supervisor or a higher-level Service official in their chain of command; or 

Directly to the OIA or to the OIG, DOJ. 

(2) The requirement that Service employees report allegations of misconduct to Service 

supervisors or managers, to the OIA, or to the OIG, DOJ, is not to be construed as prohibiting a Service 

employee from also reporting an allegation of misconduct to any other appropriate authority. 

(d) 

Supervisor/manager responsibility for reporting allegations of misconduct. 

(1) Service supervisors and managers are to ensure that allegations of misconduct reported to 

them in accordance with paragraph (c)(1)(i), above, are reported as follows: 

(i) 

Class 1 allegations are to be reported immediately and simultaneously to:


instructions). 

(A) 

(B) 

The local, servicing field office of the OIG, DOJ; and 

The OIA (see Appendix 5 for appropriate telephone numbers and reporting 

(ii) Class 2 allegations are to be reported to the OIA as soon as practicable after the 

incident (see Appendix 5). 

(iii) Class 3 allegations are to be reported to the OIA by telephone or facsimile (see 

Appendix 5) during normal duty hours, usually within 24 hours but no later than the first business workday 

following the incident. 

(iv) Class 4 allegations are to be reported to OIA on completion of an action against an employee, or 

when a decision is made not to take action against an employee. This reporting requirement also includes 

disciplinary actions taken by managers that are not necessarily the result of a specific allegation. 

Disciplinary action for this purpose is defined as the issuance of a letter of reprimand or more serious 

corrective action. 

This reporting requirement in no way affects local management's responsibility to take action as it deems 

proper to resolve a Class 4 Allegation, and to complete the action prior to reporting it to OIA. This 

requirement is based on the Gigilio Policy's requirement that, in certain limited instances, unsubstantiated 

allegations of employee misconduct are to be reported to a prosecuting office on proper request to the 

agency. Appendix 6 is a form for use in advising OIA of a Class 4 allegation and final disposition thereof. 

This form should be reproduced locally. The information forwarded to OIA should include how, when and from 

whom the allegation was received, the specific nature of the allegation and the final disposition, including the 

specifics of any disciplinary action taken. All supporting information should be attached to this form. 

(Paragraph (d)(1)(iv) revised for the November 1997 INSERTS edition)(See May 8, 1997 and July 25, 1997 

memorandums) 

(2) The requirement that Service supervisors and managers report allegations of misconduct to 

the OIA is not to be construed as prohibiting a Service manager or supervisor from reporting an allegation of 

misconduct to any other appropriate authority, including the OIG, DOJ. 

(e) 

Local management action upon receipt of an allegation of misconduct. 

(1) Local management's action upon receipt of an allegation of misconduct is dependent on the 

allegation's characteristics as follows: 

(i) Local management may not take action to resolve a Class 1 or Class 2 allegation 

until and unless authorized to do so by the Office of Internal Audit (OIA). 

(ii) Local management should immediately initiate a management inquiry to resolve a 

Class 3 allegation. Although Class 3 allegations must be reported to the OIA in accordance with paragraph 

(d)(1)(iii) of this section, a management inquiry may be initiated without specific OIA authorization. 

(iii) Local management may take such action to resolve a Class 4 allegation as it deems appropriate. 

Both completed actions (or decisions not to take action) to resolve a Class 4 allegation, and other 

misconduct resulting in the issuance of a letter of reprimand or above are to be reported to OIA in 

accordance with (d)(1)(iv), above. (Paragraph (e)(1)(iii) revised for the November 1997 INSERTS edition) 

(See May 8, 1997 and July 25, 1997 memorandums) 

(2) No Service employee, including a supervisor or manager, is to investigate or otherwise 

undertake to resolve allegations of misconduct except as provided in OI 287.10. This is not to be construed 

as prohibiting managers and supervisors from making preliminary inquiries. 

(3) Whenever an allegation is made by, on behalf of, or involving an alien who is subject to 

departure from the United States, no action will be taken to enforce the departure of that alien until: 

(i) In the case of a Class 1 allegation, the OIG, DOJ, has had a reasonable 

opportunity to conduct a preliminary investigation or otherwise act to collect and preserve evidence; or 

(ii) In the case of a Class 2, Class 3, or Class 4 allegation, local management has 

obtained a detailed, signed, and preferably sworn statement from the alien that is satisfactory to the OIA.


Such action must be accomplished as quickly as possible. If it cannot be accomplished 

during the time in which the Service may lawfully detain the alien, the INS OIA must be contacted (see 

Appendix 5). Nothing in this instruction authorizes the Service to detain an alien solely for investigative 

purposes. 

(f) Office of Internal Audit assignment of responsibility for resolving allegations of misconduct; 

Management Inquiries and investigations in general. 

(1) On receipt of a Class 2 or Class 3 allegation of misconduct, the OIA will report the 

allegation to the OIG, DOJ. For cases within its investigative jurisdiction, the OIA will evaluate the 

allegation, determine the need to resolve it and the most appropriate method for doing so, and take one of 

the following actions: 

(i) 

Close the matter with no further action; 

(ii) Transmit the matter to an appropriate Service manager, ordinarily a district director, 

chief patrol agent, office director or regional director, as an information referral; 

(iii) Assign responsibility for conducting a management inquiry to an appropriate Service manager, 

ordinarily a district director, chief patrol agent, office director; or 

(iv) Conduct an investigation using its own resources or cause an investigation to be conducted using 

other Service resources. 

(2) A Service manager who, upon receipt of the tasking or at any later point, believes that a 

management inquiry into an allegation of misconduct should not be tasked to him or her, should contact the 

OIA immediately and the OIA will reevaluate the circumstances and reconsider the referral. 

(3) Investigations and inquiries will be completed as soon as possible but normally not more 

than 60 days after their assignment to the responsible Service manager or investigator. In the unusual event 

that additional time is required, the responsible manager or investigator will so notify the OIA in writing, 

stating the reason for the delay and providing an estimated completion date. 

(4) Special care must be taken to avoid releasing the identities of complainants, subjects, 

witnesses, and others related to a complaint unless absolutely necessary to resolve the allegation. The 

complaint will reflect whether or not the complainant requests confidentiality. 

(5) Service employees are required to cooperate fully in investigations and management 

inquiries under OI 287.10, and are prohibited from taking any action that might interfere with or obstruct 

investigations and inquiries. When so directed, employees are required to hold in confidence all information 

and communications concerning a management inquiry or investigation. 

(6) Reports of investigation and management inquiry will be in writing and in accordance with 

OIA procedures. 

(7) Upon completion of the report of management inquiry, the Service manager to whom the 

OIA referred the allegation is responsible for the following: 

(i) 

Ensuring that the report is complete, thorough, and objective; 

(ii) Forwarding the original report (with exhibits) and one copy to the OIA, (see 

Appendix 5 for address) which will review the report for adequacy and require or perform such additional 

inquiry or investigation as it finds necessary; 

(iii) Taking the following action if the subject(s) of the inquiry or investigation are under 

the manager's supervision and the allegation(s) are substantiated: 

(A) In consultation with the servicing Labor-Management and Employee 

Relations (LMER) office, initiating appropriate disciplinary or other individual corrective action(s); and 

(B) Providing the OIA a full written description of disciplinary or other 

individual corrective actions initiated or taken; or 

(C) Providing the OIA an explanation for not initiating disciplinary or other 

individual corrective action(s) based on substantiated allegations of misconduct; and


(iv) Taking appropriate systemic corrective action(s), and providing the OIA a full 

written description thereof. 

(8) The OIA sometimes receives reports of investigation which contain a substantiated 

allegation(s) and which have not been transmitted through the channel described in paragraph (f)(7) of this 

section. 1/ In such cases, the OIA will forward the report to the appropriate management official for 

consideration of corrective action. The OIA will concurrently notify the appropriate Regional Director and the 

regional LMER office that the report of a substantiated allegation has been presented. The responsible 

management official is to take the actions described in paragraph (f)(7)(iii) of this section. 

(9) When an allegation is unsubstantiated, the OIA will provide the employee against whom the 

allegation was made written notification that the matter is closed and that no information pertaining to the 

allegation will be reflected in his or her Official Personnel Folder. 

(g) Management Inquiries and Investigations. Service personnel who conduct management inquiries in 

accordance with OI 287.10 have broad discretion to determine the most effective and efficient methods for 

accomplishing their task. They have the following authorities: 

(1) Interview, question, and take written statements from Service employees to obtain such 

information as they deem necessary for resolution of the allegation(s); 2/ 

(2) Limit the nature and extent of participation by any person in an investigative interview, 

consistent with Service policy and labor relations agreement requirements; and 

(3) Examine, copy, or remove any documents, files, or other materials maintained or held by 

the Service at any time. If requested, a receipt will be left for any original documents removed from official 

files. If necessary, a photocopy of the original, certified as a true and correct copy of the original, will be 

placed in the file until the original is returned. 

(h) Files. The official reports and supporting documentation on all inquiries and investigations 

conducted by or for the Office of Internal Audit (OIA) will be maintained by the OIA. All materials will be 

designated "Limited Official Use" and will at all times during and after an inquiry or investigation be 

safeguarded to prevent unauthorized disclosure. Copies of reports and other documentation maintained at 

field offices will be safeguarded and kept in locked storage containers which limit access to the information 

to appropriate individuals. 

(i) Department of Justice. The instructions as provided in OI 287.10 shall not be construed to be 

inconsistent with the intent or provisions of any order of the Department of Justice (Department) establishing 

policy and procedures for the administration of standards of conduct within the Department. Should there be 

any such inconsistency, the intent and provisions of the Departmental order shall govern as though 

incorporated in OI 287.10.


FOOTNOTES OI 287.10 

1. This occurs when, for example, an inquiry or investigation is conducted by the OIG, DOJ, the FBI, 

the OIA, or a management official or investigator outside the subject's district or sector. 

2. It is sometimes necessary or desirable to obtain witness statements under oath. Many, but not all 

Service personnel have the authority to administer oaths under 8 U.S.C. 1357(b) and 8 CFR 287.1 and 287.2. 

The authority to administer oaths is limited to "immigration officers" as defined in 8 CFR 103.1(q)



OI 287.12 Violations of Military Selective Service Act (5 U.S.C. App. 463(b)). 

If no prior report appears in the record, an immediate report shall be made to the General Counsel, selective 

Service System whenever it appears that any person has violated or attempted to violate the Military 

Selective Service Act; 32 CFR Part 1611, 1612, 1613, 1615, 1617, 1619, 1621; or the President's 

Proclamation 4771 of July 2, 1980 (45 Federal Register 45247 (July 3, 1980)). All available information, 

including any explanation of the apparent violation, should be furnished. That office will refer appropriate 

cases to the FBI for investigation and/or prosecution. The General Counsel, selective Service System, shall 

be requested to expeditiously inform the submitting Service office of his decision so that Service action may 

be completed on the case. In addition, the General Counsel, Selective Service System, 600 E Street, N.W., 

Washington, DC 20435, shall also be notified when a reentry permit applicant, who is required to register, has 

not registered. 

OI 287.13 Dealing with United States Attorneys. 

Harmonious relationships shall be maintained with United States Attorneys so as to permit occasional 

discussion of particular cases before determining whether formal submission of a written report should be 

made. 

Subject to regional direction in doubtful cases, the decision to close any case enumerated, without referral to 

the United States Attorney, shall not be delegated below district officers in charge of investigations or travel 

control, chief patrol agents, officers in charge, or officers officially given the organizational title of immigrant 

inspector in charge. The cases involved are those in which inquiry satisfactorily establishes that: the statute 

of limitations has run; in the case of a violation of section 911 of title 18, United States Code, the alien 

falsely represented himself to be a citizen of the United States solely for the purpose of obtaining 

employment which he could or would have obtained even though he had fully disclosed his foreign nationality 

and alien status; in the case of a violation of section 1426(h) of title 18, United States Code, the person 

charged with the violation was ignorant of the provisions of those sections and did not use the duplicated 

document for any unlawful purpose; in the case of a violation of section 266(a) of the Immigration and 

Nationality Act, there was no refusal or willful failure to apply for registration and fingerprinting and the alien 

complies with the provisions of section 262 on demand; in the case of a violation of section 266(b) of the 

Immigration and Nationality Act, the alien's failure to comply was unintentional or due to the ignorance of the 

requirements of section 265, if the alien voluntarily furnishes full information regarding the addresses he 

failed to report; or, the case is one of a class of cases declared by the appropriate United States Attorney, 

in writing, not to be worthy of consideration. Written confirmation of any informal understandings of this 

nature, already reached, should be sought from the United States Attorneys concerned. Action taken in an 

individual case, if not otherwise shown, shall be noted on the Form G-166 report, the executed Form I-213, or 

by use of Form G-197. 

When a violator is found outside of the jurisdiction of a United States District Court where venue lies, 

reference to the United States Attorney shall be made through the appropriate district director or chief patrol 

agent. 

If a defendant in Service custody has pending against him an indictment or information in a Federal court 

district other than the one where he is detained, the district director or chief patrol agent shall refer to the 

local United States Attorney the possibility of disposing of the criminal case locally under Rule 20, Federal 

Rules of Criminal Procedure. 

OI 287.14 Unauthorized reproduction of naturalization or citizenship certificates. 

In routine cases, Form G-132 shall be used to advise the possessor or maker of the document of the 

violation (18 U.S.C. 1426(h)), and to obtain information regarding the offense which may permit the case to 

be closed under OI 287.13 without further investigation. 

OI 287.15 Carrying weapons aboard aircraft. 

If weapons will be required during a detail, such weapons shall be carried unloaded in the employee's 

checked baggage. The fact that a weapon is in his baggage shall be declared to a responsible airline 

representative when checking in for the flight.


The airline representative may desire to personally determine if the weapon is unloaded and insure the 

baggage or container is carried in a cargo area or compartment not readily accessible to passengers. The 

Service shall strictly limit requests for an employee to carry weapons aboard aircraft on or about his person 

or in his carry-on luggage to those situations which require the employee to be armed in flight to insure the 

safe completion of his mission. Employees whose mission requires carrying weapons aboard a particular 

flight shall notify a responsible representative of the airline in person or by telephone as far in advance as 

possible but in no case less than one hour prior to scheduled departure. Upon arrival at the airport, the 

employee shall discreetly identify himself to a responsible representative of the airline by presenting his 

Service identification credentials. Travel orders shall also be available which should, if possible, state the 

general nature of the mission (escort, surveillance, travel, and so forth) and also state the need for the 

officer to be armed. If a weapon is carried aboard a flight, the employee shall comply with the airline's 

procedures and act with the utmost discretion to avoid giving cause for alarm to the air carrier's personnel or 

his fellow passengers. 

OI 287.16 Escorting detained aliens classified dangerous by the Service. 

FAA regulations require Service Officers who are escorting aliens on commercial air carriers to insure that: 

(1) The carrier has been notified at least one hour, or in an emergency as soon as practicable before 

departure (A) The identity of the escorted alien and the flight on which he will be carried: and (B) Whether the 

escorted alien is considered dangerous by the Service. (2) The escorting officers must assure the carrier 

that (A) The alien in custody does not have on or about his person or property, any article that could be used 

as a dangerous weapon and would be accessible to him while aboard the aircraft; and (B) The escorting 

officer is equipped with adequate restraining devices to be used in the event the alien becomes unruly. (3) 

The detained alien must be in the custody of at least two officers if he is classified as dangerous by the 

Service. 

The detained alien and the escorting officers shall be (1) Boarded before all other enplaning passengers and 

deplaned after all other deplaning passengers have left; and (2) Seated in the rearmost passenger seats that 

are neither located in any lounge area, nor located next to or directly across from any aircraft exit. 

At least one escorting officer shall --(1) Sit between the escorted alien and the aisle; and (2) At all times 

accompany the detained alien keeping him under constant surveillance. 

The airline may not --(1) Carry more than one alien classified dangerous by this Service with escorting 

officials on an aircraft carrying other passengers; or (2) Serve food or beverages or provide metal eating 

utensils to a detained alien unless authorized by the escorting officer. 

No escorting officer(s) or detained alien may drink any alcoholic beverage while aboard an aircraft. 

OI 287.17 Carrying Service manuals, handbooks, reports, or files aboard commercial aircraft. 

To preclude compromising or embarrassing the United States Government in the event the aircraft were to be 

hijacked to an unfriendly country, a Service employee shall avoid carrying with him, on his person or in his 

luggage, any classified document or any Service manual, handbook, report, or file; whenever possible, such 

material needed for an assignment requiring air travel shall be sent ahead by mail. In every case, all doubts 

must be resolved in favor of security of Service material. 

OI 287.18 Carrying aerosol tearing devices aboard commercial airliners. 

Chemical weapons such as Mace, tear gas, vomit gas, and so forth, are not permitted on board passenger 

aircraft. Service employees shall not carry such devices on commercial airliners either on their person or in 

checked baggage. 

OI 287.19 Countries party to the Convention abolishing the requirement of legalization for foreign public 

documents. 

The following States are parties (1) to the Convention abolishing the requirement of legalization for foreign 

public documents cited in 8 CFR 287.6: 

Antigua and Barbuda 

Argentina 

Austria 

Bahamas, The 

Belgium


Botswana 

Brunei 

Cyprus 

Fiji 

Finland 

France (2) 

Germany 

Greece 

Hungary 

Israel 

Italy 

Japan 

Lesotho 

Liechtenstein 

Luxembourg 

Malawi 

Malta 

Mauritius 

Netherlands (3) 

Norway 

Panama 

Portugal (2) 

Seychelles 

Spain 

Suriname 

Swaziland 

Switzerland 

Tonga 

Turkey 

United Kingdom (4) 

United States (5) (6) 

Yugoslavia 

(1) With designations(s). 

(2) Applicable to all land overseas departments and territories. 

(3) Applicable to the Kingdom in Europe, the Netherlands Antilles, and Aruba. 

(4) Applicable to Anguilla, Jersey, the Bailiwick of Guernsey, Isle of Man, Bermuda, Cayman Islands, 

Falkland Islands, Gibraltar, Hong Kong, Montserrat, St. Helena, Turks and Caicos Islands and the British 

Virigin Islands. 

(5) Extended to those territories for the foreign relations of which the United States is responsible. 

(6) With statement(s). 

OI Appendix I OI 287.10 

EXAMPLES OF CLASS 1 ALLEGATIONS 

Civil rights violations such as mistreatment 

of aliens or detainees; 

Extortion; 

Offer or acceptance of bribes; 

Theft of Government property; 

Misuse or embezzlement of funds; 

Fraud;


Larceny; 

Sale of or trafficking in illegal drugs; 

Alien smuggling involving INS employees 

or contractors; 

Sexual conduct between employees and 

detainees or between contractors and 

detainees; 

Submission of false claims (18 U.S.C. 287); 

Concealment, removal, or mutilation of 

official documents (18 U.S.C. 2071); 

Conflict of interest (18 U.S.C. 207-208); 

Firearms law violations (18 U.S.C. 921, et. seq.); 

Use of official position for private gain; 

Unauthorized use or manipulation for illegal 

purposes of a Federal computer/database 

(e.g., CIS, TECS, and NCIC); 

Discrimination or sexual harassment between 

employees accompanied by violence, physical 

force or other egregious conduct; 

Knowingly conducting an unauthorized search 

or seizure; 

Misrepresentation, falsification, concealment, 

or withholding of a material fact, or refusal 

to testify or cooperate in an official inquiry, 

investigation, or other proceeding in connection 

with a Class 1 offense; 

Off-duty conduct resulting in arrest, detention, 

or conviction for a Class 1 offense related to 

Government employment, or failure to report same 

to INS management; 

Theft of funds, valuables, and personal property 

of persons in INS custody; 

Improper association/relationship with informants 

or known or suspected criminals; 

Aiding and abetting in the commission of a Class 1 

offense; or 

Failure to promptly report a Class 1 allegation of 

misconduct listed above.


OI Appendix 2 OI287.10 


Failure to promptly report an allegation of 

misconduct other than a Class 1 allegation; 

Unauthorized possession of Government property; 

Unauthorized use of Government vehicles or other 

conveyances; 

Off-duty conduct resulting in arrest, detention, 

or conviction for other than a Class 1 offense, 

or failure to report same to INS management 

(excluding lesser matter such as minor traffic 

violations); 

Use of Government facilities, supplies, equipment, 

services, telephones, or personnel for other than 

official purposes where the value of such use exceeds 

$100; 

Use of Government identification for other than official purposes; 

Consumption of alcohol while on duty; 

Consumption or possession of illicit drugs while on duty; 

Disorderly conduct, assault, or threatening assault toward 

the public not constituting a Class 1 offense such as a 

criminal civil rights violation; 

Disorderly conduct, assault, or threatening assault toward coworkers or supervisors; 

Failure to properly account for funds, valuables and 

personal property of detainees or aliens in INS custody; 

Destruction of Government property or vandalism of 

Government equipment or facilities; 

Misrepresentation, falsification, concealment, or 

withholding of a material fact, or refusal to testify or cooperate in an official inquiry, investigation, or 

other proceeding in connection with a matter other than 

a Class 1 offense; 

Willful or negligent violation of security regulations or practices; 

Failure to promptly report violations of laws enforced 

by the INS; 

Unauthorized/improper vehicular pursuit; 

Prohibited reprisal against an employee for engaging 

in a protected activity, e.g., exercising a statutory 

appeal right, contacting a Member of Congress, or 

disclosing fraud, waste, abuse, or mismanagement; or 

Operating, promoting, or participating in unauthorized 

gambling while on Government premises or on Government 

time.


OI 287.10--APPENDIX 3 


Disrespectful conduct or using abusive 

language toward coworkers or supervisors; 

Disrespectful conduct or discourtesy 

toward the public; 

Insubordination or deliberate failure or 

delay in complying with orders, assignments, 

or instructions; 

Breach of safety regulations or practice where 

imminent danger to persons or property is involved; 

Violation of security regulations or practices 

where the breach was unintentional; 

Use of an unauthorized weapon in the performance 

of official duty; 

Failure to honor just debts where Service 

operations or reputation are affected, e.g., 

Government Travel Card Program debts; 

Knowingly making false, malicious, or unfounded 

statements against coworkers, supervisors, 

subordinates, or Government officials which tend 

to damage the reputation or undermine the authority 

of those concerned; 

Use of Government facilities, supplies, equipment, 

services, telephones, or personnel for other than 

official purposes where the value of such use is $100 

or less; 

Falsification of documents such as employment 

applications; 

Unauthorized outside employment or business activity; 

Loss of or damage to Government property exceeding $100 

in value; 

Egregious inattention to duty where potential danger 

to life or extensive damage to property is affected; 

Accidental discharge of a firearm; 

Loss of or damage to Government records or information 

which substantially affects Service operations or the 

delivery of services; or 

Misuse/unauthorized use of Government Travel Card Program 

credit card.


OI-287.10--APPENDIX 4 


Tardiness, unexcused or unauthorized absence, 

or misuse or unauthorized use of sick leave; 

Careless or negligent workmanship; 

Conducting personal business on Government time, 

or loafing, wasting time, sleeping on the job, or 

inattention to duties; 

Breach of safety regulations or practices 

where imminent danger to persons or property 

is not involved; 

Violation of security regulations or practices where 

restricted information is not compromised and breach 

is unintentional; 

Loss of or damage to Government property the value of 

which is $100 or less; 

Loss of or damage to Government records or information 

which does not substantially affect Service operations 

or the delivery of services; or 

Favoritism/preferential treatment.


OI 287.10--APPENDIX 5 

OFFICE OF INTERNAL AUDIT ADDRESS AND TELEPHONE NUMBERS 

ADDRESS: 

U.S. IMMIGRATION AND NATURALIZATION SERVICE 

OFFICE OF INTERNAL AUDIT 

425 "I" STREET, N.W., Room 3260 

WASHINGTON, D.C. 20536 

TELEPHONE NUMBERS: 

Voice: 

(202) 514-5765 

Fax: 

(202) 514-7244 

INS Command Center: 

(202) 616-5000 

REPORTING INSTRUCTIONS: 

Between the hours of 6:00 PM and 7:00 AM (EST), and all day on weekends and holidays, call the INS 

Command Center at (202) 616-5000 and ask for the OIA, Duty Special Agent.


OI 287.10 APPENDIX 6 

(Appendix 6 added for the November 1997 INSERTS edition)(See May 8, 1997 and July 25, 1997 

memorandums) 

FINAL DISPOSITION OF A CLASS 4 ALLEGATION 

Date:______________________ 

VIA FACSIMILE (202)514-7244 

Director 

Office of Internal Audit 

425 I St., N.W. 

Room 3260 

Washington, DC 20536 

Re: 

Final Disposition of a Class 4 Allegation 

Attached is documentation related to the receipt and final disposition of a Class 4 allegation concerning 

________________________________________________. 

(Employee Name, Title and Duty Station) 

The allegation was received on _______________________ from 

(Date) 

____________________ 

(Source) 

via __________________________________________. 

(How allegation was received, i.e., fax, phone) 

The allegation was determined to be: 

____a. 

Unsubstantiated (attached documentation of how this conclusion was reached). 

____b. Substantiated, with the following disciplinary action taken (Attach documentation of how this 

conclusion was reached): 

____________________________________________________________ 

____________________________________________________________ 

____________________________________________________________. 

________________________________________ 

Signature and Title of Official Providing Information


Memorandum 

Subject: 

Date: 

Change to O.I. 287.10 in INSERTS July 25, 1997 

To: Richard Sloane or From: Office of Internal Audit 

Steve Tarragon 

Policy Operations & 

Instructions Branch 

Submitted herewith is a permanent change to O.I. 287.10 for inclusion withing INSERTS. The change was 

approved by the Commissioner via her memorandum dated May 8, 1998 (attached). 

If you have any questions, contact Robert Mellado or Sue Armstrong, both of this office, at 514-5765. 

John P. Chase 

Director 

by: 

Stephen w. Schenck 

Assistant Director


Memorandum 

bject: 

Date: 

INS Plan for the Implementations May 8, 1997 

of the Giglio Policy 

To: 

From: 

Management Team 

Regional Directors 

District Directors 

Chief Patrol Agents 

Administrative Center Directors 

Asylum Office Directors 

Director of Training 

Office of the 

Commissioner 

Attached is a memorandum detailing INS' Plan for the Implementation of the Giglio Policy 

(hereinafter, "the Plan"). The Giglio Policy, which is mandated by DOJ, requires that potential impeachment 

information related to employee witnesses be provided to prosecutors upon request. Also attached is a 

permanent amendment to Operating Instruction (OI) 287.10, necessitated by the Giglio Policy, which 

addresses the requirement for reporting certain allegations of employee misconduct not previously reportable. 

The Director of the Office of Internal Audit (OIA) has been designated as the INS Agency Official 

responsible for coordinating INS' compliance with the Giglio Policy. This designation was made for several 

reasons, the most compelling of which is that OIA currently maintains a database of information on 

allegations of the more serious types of misconduct agains INS employees. Because Giglio requires 

disclosing all allegations of misconduct, the Service must alter the current process of recording minor 

disciplinary actions only at the local or regional level. 

OIA has surveyed the current systems of records and other data existing in the field, and this Plan 

details the procedures to begin centralizing this information as of June 1,1997. This does not in any way 

mean that OIA will be taking over the original files or function of any other INS office. Rather, OIA will 

simploy be collecting data in order to be responsive to the requirements of the Giglio Policy. The Plan also 

contains specific steps to ensure that any information deemed disclosable to defense counsel is limited as 

much as possible in scope to protect an employee's privacy, and is safeguarded from unnecessary 

disclosure. 

Page 2 

In addition to the short term benefi of compliance with the DOJ Giglio Policy, centralization of 

employee misconduct data will also provide long term benefits for INS in the form of reliable statistics 

concerning overall misconduct matters and adverse actions taken within the Service. The information 

generated from this centralization will also be valuable to managers for makign personnel decisions, 

developing training programs and identifying systemic issues needing corrective action. In sum, this policy 

will continue to move the Service ahead as an accountable, self-policing agency. 

It is noted that this Plan is the result of a DOJ directive and Supreme Court case law. Compliance 

with the Giglio Policy is mandatory and INS must meet its requirements. This Plan will be distributed to 

United States Attorney's Offices in the near future, however, you are free to provide copies of the Plan and 

the relevant forms for use by prosecuting offices to your local United States Attorney's Office. You should 

forward all inquiiries or requests regarding the Giglio Policy to OIA. 

Addressees will review the attached copy of the Plan and ensure that all employees under their 

supervision are familiar with its requirements. Thank you for your continued support. Questions may be 

referred to Assistant Director Stephen W. Schenk or Special Agent Sue Armstrong of the Office of Internal 

Audit, Internal Investigations Branch at (202) 514-5765. 

Doris Meissner 

Commissioner

Attachments 

Service Law Books


OI 289 American Indians born in Canada. [Removed 6/24/97; TM 1] [Moved to 

M-450 chapter 11]


OI 290 Department of Health and Human Services. 

OI 290.1 

OI 290.2 

OI 290.3 

OI 290.4 

OI 290.5 

Department of Health and Human 

Services 

Internal Revenue Service 

Selective Service System 

United States Postal Service 

Special Service indices (Blue page) 

OI 290.1 Department of Health and Human Services. 

(a) Social Security Cards. If any alien for whom Form I-213 is prepared has a social security number, the 

number must be recorded in the appropriate space on the Form I-213. This includes all such aliens who are 

or have been employed, have applied for any social entitlement benefit or have used the number for nonwork 

purposes. Since a social security numbers is necessary in these instances, the numbers (and card, if 

available) must be obtained from the alien, employer, source of entitlement, or institution. 

To reduce disbursement of entitlement benefits, legible copies of Forms I-213 pertaining to nonimmigrant 

aliens who have violated their status and aliens who have entered without inspection will be submitted to the 

Department of Health and Human Services (HHS). Specifically, social security cards whether counterfeit, 

altered, held by imposters or issued by the Social Security Administration are to be taken from all deportable 

aliens (except legal permanent resident aliens) including those granted voluntary departure prior to a 

deportation hearing, and forwarded to regional offices of Inspectors General of HHS, along with the 

corresponding copy of Form I-213. If a deportable alien provides a social security card, the number but does 

not possess a social security card, the number is to be recorded on the Form I-213 which is then forwarded. 

For those aliens accorded a deportation hearing, the social security card is to be lifted at the time the Form 

I-213 is prepared, placed in the "A" file which is then flagged for the attention of Detention and Deportation 

officers who will forward the social security card and a copy of the Form I-213 to HHS when the alien is found 

deportable. This applies to those aliens granted voluntary departure at a hearing as well as to those ordered 

deported. 

These Forms I-213 will clearly reflect the sector/office three letter code, and will have attached any social 

security card (or facsimile card) found in possession of the alien. Each week sectors are to forward Forms 

I-213 with attached documents to the correlating district offices. Likewise, suboffices will forward weekly this 

same material to their parent district offices. 

HHS has agreed that on a monthly basis its regional offices will provide INS district offices with a report 

regarding this information. The data in each case will include the alien's name, social security number 

utilized and monthly and annualized entitlement payments avoided. District offices will track entitlement 

information received from HHS pertaining to its own and Border Patrol apprehensions on Form G-23.19, lines 

514F and 514I. District offices are to provide suboffices with the data received from HHS for inclusion in the 

separate Form G-23.19 assembled by the suboffice. 

(b) Social Security Administration. Form G-139 shall be used to request information from the Social 

Security Administration concerning the identity and location of an alien. The address being sought must 

reasonably be expected to be contained in the alien's initial application (SS-5) for a social security number. 

The form may be handprinted in legible block capital letters and shall be forwarded to the Baltimore office of 

this Service. After the Social Security records have been checked by the Social Security Administration, the 

Baltimore office will return the form. Any inquiry concerning a Form G-139 requesting information from Social 

Security records, or a response thereto, shall be sent only to the district director of the Baltimore office. The 

Social Security Administration will not make a check for a record unless the request shows the subject to be 

an alien. Information furnished by the Social Security Administration is for the use of this Service only and 

may not be disclosed to any individual or agency. 

OI 290.2 Internal Revenue Service. 

(a) Incometax returns. When a Service Office requires copies of income-tax returns for assistance in


unusual or complex investigations, the district director may contact the appropriate United States Attorney. 

Provided the inspection of such returns is necessary to the performance of his official duties as a United 

States Attorney, he, in turn, will request the returns from the appropriate district director of Internal Revenue. 

The United States Attorney may request the income-tax information for our use only when this Service is 

assisting him in the investigation of a matter pending in his office. In any other case where, for compelling 

reasons, it is desirable to secure copies of income-tax returns, the request shall be referred for liaison 

purposes to the Associate Commissioner, Enforcement. 

(b) Local liaison. Information form the records of the Mexican Border Anti-smuggling Information Center, 

(ICS (INS) - EPIC), shall be made available to representatives of the Internal Revenue Service upon request. 

(c) Internal Revenue Service. Local Liaison. The Internal Revenue Service desires information as to the 

probability of aliens or citizens evading internal revenue laws. Liaison shall be established with local Internal 

Revenue Service offices to work out the procedures to be used to furnish information on a local level 

concerning aliens found with unusually large sums of money when placed under expulsion proceedings, and 

also to furnish any information concerning probable monetary gains by persons, both citizens an aliens, who 

have been found or strongly suspected of smuggling aliens or engaging in fraud involving the immigration and 

nationality laws. 

OI 290.3 Selective Service System. 

If an alien has a Selective Service registration card, it shall be lifted at the time he is deported or voluntarily 

departs from the United States. Form G-149 shall be used to return the card to the issuing office. Form 

G-149 shall also be used to return a Selective Service registration card to the issuing office when the card is 

left at a port of entry by a claimant to U.S. citizenship or lawful permanent resident status whose inspection 

has been deferred pending submission of additional proof of identity or status, and who has failed to return to 

pursue his application for admission. 

OI 290.4 United States Postal Service. 

Form G-306 shall be used to request information from the United States Postal Service concerning the 

whereabouts of a person. 

Blue Page OI 290.5(a) 

Information from the master index can be requested by memorandum, telephone, or telegraph. A request for 

the loan or transfer of a file sent to the Central Office results in search of the master index; any information 

on file concerning a subversive or racketeer will be furnished if the information relates to the subject, unless 

the information was previously forwarded to the case file. If all the information that could possible related is 

desired, regardless of whether positive identification can be made, the file request should be noted 

"REQUEST SUBVERSIVE OR RACKETEER INFORMATION." 

(c) Stowaway index. see OI 103.1(d)(1)(vi).


OI 292 Representation and appearances. 

OI 292.1 

OI 292.2 

OI 292.3 

Roster 

Interpretations by the Board 

Appearance 

OI 292.1 Roster. 

A Copy of the current roster of recognized organizations and their accredited representatives is maintained 

by the Associate Commissioner, information Systems (Policy Directives and Instructions Office), Central 

Office. Whenever the roster is furnished to the Service in accordance with 8 CFR 292.2(e), the Associate 

Commissioner, Management, shall make distribution of the roster to all district offices, stateside and foreign. 

(TM 11/84) 

OI 292.2 Interpretations by the Board. 

Questions received from the public shall be acknowledged and referred to the Board of Immigration Appeals, 

Department of Justice, Washington, D.C., 20537. Questions from Service personnel shall be addressed to 

the appropriate regional counsel for referral to the Board. 

A naturalization application, before developing into a petition, is a case within the purview of 8 CFR1.1(g), as 

is a proceeding pursuant to section 342. A naturalization petition is also a case insofar as action before the 

Service is concerned, including hearings before designated examiners. 

An attorney may assist a client in preparing an application and related papers for presentation to the Service; 

however, he may not participate in a preliminary investigation conducted under 8 CFR 332. A non-attorney 

who assists an applicant in filling out a naturalization form, but who gives no legal advice, may charge a 

nominal fee. A public stenographer may make a charge for typing performed in filling out a naturalization 

form. 8 CFR 292.1(g) does not preclude representation in a new and distinct proceeding from that in which a 

former employee participated during his employment by the Department of Justice; the test is not whether the 

person is the same, but whether the proceeding is the same. 

OI 292.3 Appearances: 

Form G-28. The facsimile signature of the attorney or representative appearing in a case is acceptable on 

Form G-28 only when the attorney or representative is acting in a representative capacity within the purview 

of 8 CFR 292.5. An attorney or representative seeking to review records about an individual pursuant to the 

Privacy Act of 1974 will be required to sign his name in his own writing.


OI 312 Educational requirements for naturalization. 

OI 312.1 

OI 312.2 

OI 312.3 

Preliminary examiners' record 

Preliminary examination 

Aliens legalized under section 245A 

of the Act as amended by IRCA 

OI 312.1 Preliminary examiner's record. 

In the space after "classes" appearing on the back of the duplicate petition, the preliminary examiner shall 

indicate whether the applicant has attended organized public school classes, has been enrolled in a 

home-study course ("HSC") sponsored by the Service, or presents a public school certificate ("PSC") 

pursuant to 332b.4. If any of these actions are taken by the petitioner after the filing of the petition, that 

fact shall be noted when the case is found to be ready for final hearing. 

OI 312.2. Preliminary examination. 

(a) All preliminary examination questions pertaining to eligibility under section 312 of this chapter shall be 

taken from the 1987 revision of the Federal Citizenship Text book Series, except for questions relating to the 

identity of the President and Vice President of the United States, state and city chief executives, and 

Congressional representatives for the applicant's residence. 

(b) All preliminary examinations will be conducted by a designated examiner. The examination shall be oral 

with exception of the requirement to demonstrate ability to write the English language. 

OI 312.3 Aliens legalized under section 245A of the Immigration and Nationality and Nationality Act 

(INA), as amended by the Immigration Reform and Control Act of 1986 (IRCA), subject to the educational 

requirements for naturalization 

(a) Aliens required to comply. The following classes of aliens who have adjusted to permanent residence 

under section 245A of the permanent residence under section 245A of the INA are not exempt from the 

English language and U.S. history and government requirements at the time application to petition for 

naturalization: 

(1) Aliens who met the basic citizenship skills requirement for legalization purposes by satisfactorily 

pursuing a course of study recognized by the Attorney General via any one of the five ways list at 8 

CFR 245a.1(s). 

(2) Aliens who were exempt from the basic citizenship skills requirement for legalization purposes on the 

basis of age; i.e., aliens under the age of 16, or age 65 or older; 

(3) Aliens who were exempt from the basis citizenship skills requirements for legalization purposes on 

the basis of age and residence; i.e., aliens over 50 years of age who have resided in the United States 

for at least 20 years. (i) For an alien in this case to be exempt from the English language requirement, 

the periods totaling 20 year's residency must have been fulfilled subsequent to lawful admission for 

permanent residence. INTERP 312.1(a)(2)(ii). 

(b) Aliens physically unable to comply with the basic citizenship skills requirement. Notwithstanding an 

alien's being exempt from the basic citizenship skills requirement for legalization purposes due to a physical 

inability to comply, such alien shall be subject to the provisions, of section 312(1) of the INA at the time of 

application to petition for naturalization. While aliens in these cases do not have to demonstrate an ability to 

speak, understand, read and write English, they are still required to demonstrate a knowledge and 

understanding of the history and government of the United States. However, their examination may be 

conducted in a foreign language through the use of an official interpreter or other qualified person in 

accordance with provisions of INTERP 312.1(b)(2). 

(c) Aliens who are developmentally disabled. An alien exempt from the basic citizenship skills requirement 

for legalization purposes based upon a developmental disability shall not be considered exempt from this 

requirement for naturalization purposes, unless the disability also renders him or her physically unable to


acquire the four language skills of speaking, understanding, reading and writing English. Such aliens shall be 

required to establish, through medical evidence, that their developmental disability renders them physically 

unable to comply with these requirements. The criteria used to determine eligibility for an exemption upon 

this basis is found at INTERP 312.1(a), (2)(iii). Provided these criteria are met, the provisions of section 

312(1) of the INA shall then apply as discussed in paragraph (b) of this section.


OI 313 Membership in the communist party or any other totalitarian 

organizations; subversives. 

OI 313.1 

OI 313.2 

Membership in organization (Blue page) 

Organization deemed proscribed on basic of 

confidential information (Blue page)


OI 315 Persons ineligible to citizenship: Exemption from military service. 

OI 315.1 

Procedure 

OI 315.1 Procedure. 

(a) Admissible evidence. In every case involving the application of section 101 (a) (19) or 315 to an 

applicant for naturalization, Form N-422 shall be used to obtain admissible evidence showing that the 

applicant was actually exempted from service because of his application therefor. 

(b) Automatic or erroneous 4-C classifications. Cases may arise in which an applicant exhibits a Selective 

Service Registration Card with an exempt classification but claims he did not request the exemption and, 

indeed, possible was not even aware of it. If his name is not any of the Consolidated lists; If his name is not 

on any of the Consolidated Lists; if there is no SSS-130, DDS-301, Local Board Form C-294, or other written 

request for exemption in his file; and the examiner is satisfied that the exemption was not sought after 

making the above checks, the issue may be disposed of by the applicant's sworn affidavit.


OI 316a Absence pursuant to approval under the Act;American institutions of 

research. 

OI 316a.1 

OI 316a.2 

OI 316a.3 

OI 316a.4 

Absence pursuant to approval under the 

Act; American institutions of research 

Examiner's report 

Filing of order granting application for 

benefits 

American institutions of research; and 

public international organizations 

OI 316a.1 Absence pursuant to approval under Immigration and Nationality Act; American institutions of 

research. 

Before determining whether recognition shall be extended, a check of the Records Branch of the FBI and the 

CIA shall be made unless (1) the institution is a recognized and well -known school, institute, college, 

university, committee, commission, foundation, society, organization, business concern, or corporation, or 

(2) the activities of the institution are connected with a program or project of the United States Government; 

furthermore, even in such an instance, when there is any indication that the nature and activities of the 

institution may possibly involve a security question, such as propagandizing, the check shall be made. 

OI 316a.2 Examiner's report. 

The examiner shall complete and sign the report on the back of the submitted Form N-470 and the district 

director shall complete and sign the order thereon. A supplemental report and order shall only be prepared 

when an order is entered recognizing an American institution of research or when an unusual or novel 

question or controversial fact is involved. 

OI 316a.3 Filing of order granting application for benefits. 

A copy of the decision granting an application on Form N-470 for benefits under section 31b(b) or 317 need 

not be filed in the naturalization court shall be orally informed at the final hearing that such application was 

approved by the Service to cover the particular period of absence. 

OI 316a.4 American institutions of research; and public international organizations. 

Initial determination of whether an organization is an American institution of research or a public international 

organization of which the United States is a member by treaty or statute shall be made by the district director 

or officer in charge and shall be submitted to the regional commissioner for approval. When approved, a 

copy of the memorandum decision shall be forwarded to the Assistant Commissioner, Naturalization.


OI 318 Pending deportation proceedings. 

OI 318.1 

OI 318.2 

Aliens amenable to or under deportation 

proceedings 

Lawful admission for permanent residence 

OI 318.1 Aliens amenable to or under deportation proceedings. 

When it appears at any stage of the naturalization proceedings that the petitioner or applicant is deportable 

upon a ground arising before, at time of, or subsequent to entry, the matter shall be referred for 

consideration of the issuance of an order to show cause. 

The authority of a district director, acting district director, or deputy district director, to withhold the 

institution of deportation proceedings under OI 103.1(a) (1) (ii) and the effect of such withholding upon 

naturalization eligibility are considered in OI 242.1(a). 

Except when appealing humanitarian factors are involved (see OI 103.1(a)(1)(ii) the application or petition for 

naturalization of an alien against whom there is an outstanding final finding of deportability shall be presented 

for final hearing with a recommendation for denial. 

OI 318.2 Lawful admission for permanent residence. 

(a) Verification. 

A claim of lawful admission for permanent residence shall be verified from official records of the Service, 

as defined in 8 CFR 103.2 (b), unless an applicant presents documentary evidence establishing that his 

admission to the United States is presumed to be lawful under 8 CFR 101. 

(b) Evidence of admission. 

Documentary evidence to establish a presumption of lawful admission may consist of family bible entries 

immigration documents, passports, deeds, leases, wills, insurance polices, bank books, employment records, 

receipts school records church records, baptismal certificates, census records, or city directories. 

(c) Oral testimony and affidavits. 

If documentary evidence cannot be submitted, the applicant may present witnesses for examination. 

When witnesses are unable to appear, detailed affidavits of at least two witnesses may be accepted if their 

contents raise no question as to the truthfulness of the statements made. Extreme caution shall be 

exercised when affidavits are the sole evidence presented. The affiants may be called upon to present 

documents to support their statements. 

(d) Waiver of deportability under section 241(f); Form I-181. 

Petitioners regarded as lawfully admitted for permanent residence (Form I-181) under section 241 (f) of the 

act shall, in all cases, be recommended for grant, facts to court, on the issues of whether the status of 

nondeportability also confers a status of lawful admission for permanent residence. Petitioners who did not 

enter with immigrant visas lack lawful admission for permanent residence and denial on that ground shall be 

made notwithstanding the existence in a particular case of a judicial finding that the alien is nondeportable 

under section 241(f). (See OI 241.2 and INTERP 318.5.)


OI 319 American institutions of research. 

OI 319.1 

OI 319.2 

American institutions of research 

Employment by organization disseminating 

information 

OI 319.1 American institutions of research. 

Before determining whether recognition shall be extended, evidence similar to that required to support an 

application on Form N-470 shall be submitted, and a check of the Records Branch of the FBI and CIA shall 

be made unless (1) the institution is a recognized and well-known school, institute, college, university, 

committee, commission, foundation, society, organization, business concern, or corporation, or (2) the 

activities of the institution are connected with a program or project of the United States Government; 

furthermore, even in such an instance, when there is any indication that the nature and activities of the 

institution may possibly involve a security question, such as propagandizing, the check shall be made. So 

that the list of American institutions of research in 8 CFR 316.20 may be supplemented, the regional 

commissioner shall forward a copy of each decision on that issue to the Assistant Commissioner, 

Naturalization. 

OI 319.2 Employment by organization disseminating information. 

Section 319(c) contemplates that the principal purpose of the employment organization be the dissemination 

of information abroad, but is silent as to whether the services of the employee of such an organization are to 

be performed within or outside the United States during all of the required period of five years. ACcordingly, 

an employee of a qualifying organization is eligible or benefits of section 319(c), notwithstanding that part of 

the five-year period of employment includes services that were performed within the United States.


OI 327 Proof required to establish original United States citizenship. 

OI 327.1 

Proof required to establish original 

United States citizenship 

OI 327.1 Proof required to establish original United States citizenship. 

If the original United States citizenship claimed falls within any of the classes described in section 341, the 

requisite degree of proof thereof shall be the same as that required in section 341 proceedings, including 

verification of entry, and documents and witness(es) to establish relationship to the person through whom 

citizenship is claimed. When the original claim is based upon United States birth or naturalization, 

documentary proof of such birth and proof or verification of the naturalization shall be required.


OI 328 Authenticated copies of military records. 

OI 328.1 

OI 328.2 

OI 328.3 

OI 328.4 

OI 328.5 

Authenticated copies of military service 

records 

Verification of National Guard service 

as qualifying service 

Outside investigation when eligibility 

Types of discharges 

Verification when official records have 

been destroyed 

OI 328.1 Authenticated copies of military service records. 

Form N-426 shall be used to obtain duly authenticated copies of certifications of military service required by 

sections 328 and 329 of the Act. When received, the authenticated certification shall not form a part of the 

petition or be attached thereto but shall be retained in the file. Form N-426, in duplicate, shall be sent to the 

appropriate office listed below: 

IMPORTANT: If the applicant has two or more periods of service within the same branch of service, send the 

request to the office having the records for the latest period. 

Branch 

of CATEGORY OF MILITARY PERSONNEL RECORDS OFFICE OF RECORD 

Service 

All reserve members (incl. Nat'l Guard Air Reserve Personnel Center 

released from active duty and trans- 3800 York Street 

ferred to reserve) Denver, Colorado 80205 

All retired reservists in a non-pay 

status 

AIR 

FORCE All active duty personnel (incl. Nat'l USAF, Military Personnel Center 

Guard on active duty in Air Force) Military Personnel Records Division 

Personnel on Temporary Disability Randolph AFB, Texas 78148 

Retired List 

Branch 


Service 

Officers separated before July 1, 1917 National Records Administration 

National Archives Building 

Enlisted personnel separated before 7th & Pennsylvania Ave., N.W. 

November 1, 1912 Washington, DC 20408 

All reserve members 

Commanding Officer 

All retired personnel (including general U.S. Army Administration Center 

officers) 

TAGO 

Personnel on Temporary Disability Re- 9700 Page Boulevard 

tired List St. Louis, Missouri 63132 

ARMY 

All officers on active duty (incl. Commander, U.S. Army Military 

Nat'l Guard on active duty in U.S. Personnel Center 

Army) 

Attn: DAPC-MSR-S


200 Stovall Street 

Alexandria, Virginia 22332 

Enlisted personnel on active duty Commanding Officer 

(Revised) 

U.S. Army Enlisted Personnel 

Support Center 

Fort Benjamin Harrison, Indiana 

46249 

ARMY 

Current National Guard Enlisted members Adjutant General of Appropriate 

State National Guard. 

(See Addresses) OIFNI 1/ 

All personnel separated less than six Commandant 

months 

G-PE-3/TP/45 

COAST All active Coast Guard personnel and U.S. Coast Guard 

GUARD members of the reserve 

2100 2nd Street, S.W. 

Enlisted personnel temporarily retired Washington, DC 20593 

less than five years 

All personnel on active duty Commandant of the Marine Corps 

Reserve Officers 

Head Quarters, U.S. Marine Corps 

Class II enlisted reserve MMRB 

MARINE Officer and enlisted personnel sepa- Washington, DC 20380-0001 

CORPS rated less than four months 

Personnel on Temporary Disability 

Retired List 

Individual Ready Reserve (formerly, Commanding Officer 

class III reservists - inactive) Marine Corps Reserve Support Center 

10950 El Monte 

Shawnee Mission 

Overland Park, Missouri 66211 

Branch 


Service 

Officers on active duty and those sepa- Department of the Navy 

rated less than one year Commander 

Enlisted personnel on active duty and Naval Military Personnel Command 

those separated less than six months Washington, DC 20370-5000 

Members of enlisted reserve in drill 

NAVY status 

Members of the enlisted reserve status 

pool who will not be eligible for discharge 

for more than 18 months 

Reserve officers and members on Temporary 

Disability Retired List 

If your request does not pertain to any National Personnel Records Center 

ALL of the categories listed above, address (Military Personnel Records) 

BRANCHES your inquiry to: 

9700 Page Boulevard 

St. Louis, Missouri 63132 

DEPARTMENTS OF THE ARMY AND THE AIR FORCE 

NATIONAL GUARD BUREAU 

Washington, DC 20310


STATE ADJUTANTS GENERAL 

STATE 

ADDRESS 

Alabama P.O. Box 3711, Montgomery, AL 36193-4701 

Alaska 3601 C Street, Suite 620, Anchorage, AK 99503-5989 

Arizona 5636 E. McDowell Road, Phoenix, AZ 85008-3495 

Arkansas Camp Robinson, N. Little Rock, AR 72118-2200 

California 2829 Watt Avenue, Sacramento, CA 95821-4405 

Colorado 300 Logan Street, Denver, CO 80203-4072 

Connecticut 360 Broad Street, Hartford, CT 06105-3795 

Delaware First Regiment Road, Wilmington, DE 19808-2191 

Florida State Arsenal, St. Augustine, FL 32084-1008 

Georgia Dept. of Defense, Mil. Div., P.O. Box 17965, Atlanta, GA 30316-0965 

Hawaii 3949 Diamond Head Road, Honolulu, HI 96816-4495 

Idaho P.O. Box 45, Boise, ID 83707-0045 

Illinois 1301 N. MacArthur Blvd., Springfield, IL 62702-2399 

Indiana Mil. Dept. of Indiana, P.O. Box 41326, Indianapolis, IN 46241-0326 

Iowa Camp Dodge, 7700 Northwest Beaver Drive, Johnston, IA 50131-1902 

Kansas P.O. Box C-300, Topeka, KS 66601-0300 

STATE 

(Cont'd) 

ADDRESS 

(Cont'd) 

Kentucky Boone National Guard Center, Frankfort, KY 40601-6168 

Louisiana HQ Bldg., Jackson Barracks, New Orleans, LA 70146-0330 

Maine Camp Keyes, Augusta, ME 04333-0033 

Maryland Military Dept, 5th Regiment Armory, Baltimore, MD 21201-2288 

Massachusetts 905 Commonwealth Avenue, Boston, MA 02215-1399 

Michigan 2500 S. Washington Avenue, Lansing, MI 48913-5101 

Minnesota Veterans Service Bldg., St. Paul, MN 55155-2098 

Mississippi P.O. Box 5027, Jackson, MS 39216-1027 

Missouri 1717 Industrial Drive, Jefferson City, MO 65101-1468 

Montana P.O. Box 4789, Helena, MT 59604-4789 

Nebraska 1300 Military Road, Lincoln, NE 68508-1090 

Nevada 2525 S. Carson Street, Carson City, NV 89701-5502 

New Hampshire State Mil Res, #1 Airport Road, Concord, NH 03301-5353 

New Jersey Eggert Crossing Road, CN 340, Trenton, NJ 08625-0340 

New Mexico P.O. Box 4277, Santa Fe, NM 87502-4277 

New York 330 Old Niskayuna Road, Latham, NY 12110-2224 

North Carolina 4105 Reedy Creek Road, Raleigh, NC 27607-6410 

North Dakota Fraine Barracks, P.O. Box 5511, Bismarck, ND 58502-5511 

Ohio 2825 W. Granville Road, Worthington, OH 43085-2712 

Oklahoma 3501 Military Circle, NE, Oklahoma City, OK 73111-4398 

Oregon 2150 Fairgrounds Road, NE, Salem, OR 97303-3241 

Pennsylvania Department of Military Affairs, Annville, PA 17003-5002 

STATE 

(Cont'd) 

ADDRESS 

(Cont'd) 

Rhode Island 1051 N. Main Street, Providence, RI 02904-5717 

South Carolina The Rembert C. Dennis Bldg., 1000 Assembly St., Columbia, SC 

29201-3117 

South Dakota 2823 West Main, Rapid City, SD 57702-8196 

Tennessee Houston Barracks, P.O. Box 41502, Nashville, TN 37204-1501 

Texas P.O. Box 5218, Austin, TX 78763-5218 

Utah P.O. Box 8000, Salt Lake City, UT 84108-0900 

Vermont Bldg., #1, Camp Johnson, Winooski, VT 05404-1697 

Virginia 501 East Franklin Street, Richmond, VA 23219-2317 

Washington Camp Murray, Tacoma, WA 98430-5000 

West Virginia 1703 Coonskin Drive, Charleston, WV 25311-1085 

Wisconsin P.O. Box 8111, Madison, WI 53708-8111


Wyoming P.O. Box 1709, Cheyenne, WY 82003-1709 

Other: 

Dist. of Col. NG Armory, 2001 E. Capitol Street, Washington, DC 20003-1719 

Guam 622 E. Harmon Industrial Park Road, Bldg. 31, Fort Juna Muna, 

Tamuning, Guam 96911-4421 

Puerto Rico P.O. Box 3786, San Juan, PR 00904-3786 

Virgin Islands P.O. Box 1150, Christiansted, St. Croix, U.S. VI 00820-1150 

(List of addresses on pages 5464.1, 5464.2 and 5464.3 added) 

OI 328.1 FN 1 

1/ See addresses starting on page 5464.1. 

OI 328.2 Verification of National Guard service as qualifying service. 

(This section inapplicable to certification of active service for section 329. See Oi 328.1.) A request on 

form N-426 for verification of a period of ready reserve service in the Army or Air National Guard shall be 

addressed to the Office of the Adjutant General of the specific State National Guard involved. Since a State 

National Guard Adjutant General has no authority to certify that a State National Guard was Federally 

recognized as a reserve component of the ARmed Forces of the United States during a period of verified 

service, the State National Guard Adjutant General involved shall be requested, by cover letter, to certify the 

period or periods of honorable reserve service on the form and then forward it directly to the Chief, National 

Guard Bureau, Department of the Army and the Air Force, Washington, D.C. 20310, so that the further 

required certification can be made. The cover letter should request that the form be returned directly to the 

originating Service field office by the National Guard Bureau. 

The above instructions apply only to verification of periods of active or reserve service for petitioners under 

section 328. Verification of active duty periods of National Guardsmen for section 329 purposes (such as 

initial active duty for training or a Federal mobilization call to active duty) need not be forwarded to the 

National Guard Bureau for endorsement. Such active duty periods are, by their nature, Federally-recognized 

service, and may be certified by the State Adjutant General alone. The N-426 will then be returned directly to 

the originating office. 

OI 328.3 Outside investigation when eligibility based on reserve service. 

When reserve service forms a substantial part of the requisite three year period of service, an outside 

investigation shall be conducted to develop proof of the petitioner's qualifications for naturalization during the 

period of reserve serviced. The outside investigation or testimony shall be in addition to the military 

certifications required by the statute. 

OI 328.4 Types of discharges. 

32 CFR, Part 41, sets forth the types of discharges from military service, the basis therefor, and the 

procedures for effecting discharges. 

OI 328.5 Verification when official records have been destroyed. 

U.S. Army records for the years preceding 1960 have been destroyed, and verification of service cannot be 

obtained from St. Louis. A petitioner, claiming military service before 1960, shall submit original DD Form 

214, with his Form N-426. The latter will not be forwarded to St. Louis, but shall be retained in the "A" file. In 

addition, the petitioner shall be called upon to submit his discharge certificate and any other available 

documentation relating to the claimed period of service, in support of the claim. The petitioner's signature 

must be carefully compared to signatures appearing on documents relating to military service, and the 

petitioner, at the time of filing the petition, and without advance warning, shall be required to present 

documentation establishing his identity as the person named in the DD Form 214, such as drivers license, 

alien registration receipt card, possible lease of apartment or home. In addition, a personal investigation at 

the claimed place of residence or employment shall be conducted, the investigator being fortified with a photo 

of the petitioner, to determine the claimed identity of the petitioner as the veteran named in the DD Form 214. 

Upon the ultimate conclusion that the claim is authentic, the DD Form 214 may be accepted as secondary 

evidence and presented, on that issue, grant, facts to court.


Where verification of U.S. Army service after 1959, on Form N-426 cannot be verified after two requested at 

least two months apart, and the lapse of six months, the procedure outlined hereinafter for the use of DD 

Form 214 as secondary evidence shall be followed. 

No secondary evidence shall be acceptable in any case, unless supported by a DD Form 214, and proof of 

identity in the manner indicated. 

Records of the U.S. Air Force, for names starting with the letters Hu and continuing through the alphabet 

through the letter Z are not available for the periods prior to 1965. The procedure outlined above shall be 

followed respecting the use of secondary evidence. 

Records of service for the Navy, Marines and Coast Guard are available and regular Form N-426 procedures 

shall be followed until verification cannot be obtained under procedures herein, at which point secondary 

evidence (DD Form 214) procedures will be followed.


OI 329 Supervisory review of recommendations in Philippine War Veteran 

cases. 

OI 329.1 

Supervisory review of recommendations in 

Philippine war veteran cases 

OI 329.1 Supervisory review of recommendations in Philippine War Veteran cases. 

In any case involving Philippine War Veterans who are submitting applications to petition for naturalization 

pursuant to section 701-702 of the Nationality Act of 1940, if the examining officer is proposing to grant the 

application at the time of the interview, the case will be referred to the supervisory officer for review. If the 

supervisor determines that the applicant falls within the Category I criteria established in In the Matter of 

Petitions for Naturalization of 68 Filipino War Veterans, the applicant will be permitted to file the petition with 

the Court. If there is a question of eligibility and decision is not immediately made, a final decision will be 

made within a reasonable time. Regardless of the decision, the supervisor will indicate his or her 

concurrence by initialing and dating the application under the examining officer's signature. (TM 2/86)


OI 332 Naturalization administration. 

OI 332.1 

OI 332.2 

OI 332.3 

OI 332.4 

Legitimacy of of children 

Federal tax liability 

Filing petitions by correspondence 

Application form package distributed 

to the applicant 

OI 332.1 Legitimacy of children. 

While no statement regarding the legitimacy of children shall be included in a petition, inquiry should be made 

into the status of an applicant's children when absolutely necessary to establish his eligibility. Such 

questions shall be addressed to the applicant only and in such a manner as to avoid embarrassment. 

OI 332.2 Federal tax liability. 

If it appears that an applicant has failed to file a Federal income tax return or to pay a Federal tax, although 

apparently liable, a prompt report of the facts developed shall be made to the appropriate District Director of 

Internal Revenue. Final hearing on the petition shall not be deferred pending receipt of a report from the 

Internal Revenue Service unless there is reason to believe that the applicant was guilty of a willful attempt to 

evade payment of tax. 

OI 332.3 Filing petitions by correspondence. 

Except in the most emergent circumstances, the preliminary investigation described in 8 CFR 332.11 shall be 

held in every case immediately prior to the filing of the petition. A petition may be filed by correspondence 

only in an emergency when it is not possible for an examiner to be present and where failure to do so would 

seriously prejudice the applicant. 

OI 332.4 Application form package distributed to the applicant. 

Each adult applicant for naturalization, upon requesting application forms, shall be given by the Service an 

application form package to include the following forms: 

(a) N-400 Application to File Petition for Naturalization. 

(b) G-325 Biographic Information 

(c) G-325B Biographic Information (for applicants who are serving or have served in the armed forces of the 

United States). 

(d) FD258 Applicant Card. 

(e) N-426 Request for Certification of Military or Naval Service (for applicants applying under sections 328 or 

329 of this chapter). 

(f) M-132 Information Concerning citizenship Education to meet Naturalization Requirements. 

(g) I-772 Declaration of Intending Citizen.


OI 332a Amendment of application and petition executed by affirmation. 

OI 332a.1 

Amendment of applications and petitions 

executed by affirmation 

OI 332a.1 Amendment of applications and petitions executed by affirmation 

When any naturalization, citizenship, or nationality application, or naturalization petition is executed by 

affirmation, or petition affirms in lieu of taking the oath, the word "affirm" shall be substituted for the word 

"swear" in the related affidavit, and the word "affirmed" shall be substituted for the words "sworn to" in the 

related jurat. Where the quoted alternatives are already printed on the form, the words "swear" and "sworn 

to" shall be stricken. Additionally, the words "under oath", which form a part of the statement in the petition 

relative to the approval of the preliminary investigation, and any other verbiage in the forms inconsistent with 

an affirmation shall be deleted or modified as appropriate. Finally, the words "SO HELP ME (US) GOD" shall 

be stricken from the related affidavit in the applications and petitions.


OI 332d Written designation. 

OI 332d.1 

Written designation 

OI 332d.1 Written designation 

Any district director who finds that it would improve efficiency to have clerical or other employees administer 

oaths to persons who appear at offices of the Service to file applications or petitions may designate such 

employees for that purpose. The designation by a district director shall be in writing and shall cite 8 CFR 

287.5 and 332d.1 as its basis. Employees so designated shall not administer oaths to persons who appear 

for interview or hearing.


OI 334 Failure to prosecute application. 

OI 334.1 

OI 334.2 

OI 334.3 

OI 334.4 

OI 334.5 

OI 334.6 

OI 334.7 

OI 334.8 

OI 334.9 

OI 334.10 

OI 334.11 

Failure to prosecute application 

Applicants who appear to be United 

States citizens 

Procedures where doubt exists as to legal 

competence 

Statements regarding illegitimate 

children 

Advice to petitioner regarding 

citizenship status of children 

Execution of petitioner before designated 

examiner 

Transfer of petition and Service files 

Failure to prosecute petition 

Withdrawal of petition 

Amendment of petitions subsequent to 

naturalization 

Correction of naturalization certificate 

when facts thereon do not conform with 

facts on petition 

OI 334.1 Failure to prosecute application. 

The case of an applicant who fails to appear without explanation in response to a notice to file his petition for 

naturalization shall be closed without further notice. In other cases of failure to prosecute within a 

reasonable time, a Form N-14 shall be sent the applicant, appropriately checked off to identify the items to 

be complied with, and rubber-stamped in the space at the bottom of the reverse side, as follows: 

"Failure to comply within 30 days will 

result in the closing of your case." 

The cases shall be closed promptly after the expiration of the 30 days, unless additional time is warranted 

under the circumstances. 

OI 334.2 Applicants who appear to be United States citizens. 

Where documentary and other evidence establish an applicant's United States citizenship within any of the 

classes specified in section 341, he shall be advised to apply for a certificate of citizenship, and final action 

on any petition for naturalization shall be deferred pending disposition of the application under section 341. 

If no application is made for a certificate of citizenship, the petition may be presented to the court for denial. 

If doubt exists as to whether an applicant is a citizen, the case shall be treated as though the applicant is 

an alien. 

OI 334.3 Procedure where doubt exists as to legal competency. 

If a question arises as to the legal competency of a petitioner who has never been the subject of 

proceedings with respect to his mental condition or has never been a patient in a mental institution, a 

stenographic record of the preliminary investigation and preliminary examination shall be made to assist in 

determining whether he understands the nature and significance of the naturalization proceedings and can 

assume the obligations of citizenship.


OI 334.4 Statements regarding illegitimate children. 

Statements with reference to the legitimacy of children shall be made only on preliminary application forms or 

other records which are kept confidential by the Service. 

Only legitimate children shall be counted in determining the number of living children to be entered in the 

space provided for such purpose on the petition and on page 3 of the preliminary application, unless the 

applicant is the mother of an illegitimate child. In such a case, the child shall be counted but no reference 

made to the fact of illegitimacy. 

If the wife of a petitioner has an illegitimate child, such child shall not be included in the number of living 

children on the petition or the preliminary application even though the petitioner has adopted the child. 

OI 334.5 Advice to petitioner regarding citizenship status of children. 

When reviewing the N-400 application at the preliminary investigation or examination, the examiner shall 

ascertain whether any of the children will derive citizenship under section 320 or 321, or will become eligible 

for naturalization under section 322. The parent(s) will be so advised by the examiner. (Revised and 

redesignated; formerly OI 334.5(a)) 

OI 334.6 Execution of petition before designated examiner. 

A designated examiner shall not swear a petitioner to the petition unless practical consideration make it 

necessary and desirable. The petitioner, in such a case, shall personally deliver the petition to the clerk of 

court for filing, immediately after the preliminary examination if one was held, or after the execution of the 

petition if no preliminary examination was held. The designated examiner shall obtain from the clerk of court, 

on the same day that such a petition was filed, the petition number assigned thereto enter it on Form N-476. 

OI 334.7 Transfer of petition and service files. 

The certified copy of the petition required by 8 CFR 334.17(e) shall be prepared by other than a heat 

sensitive copying process, and the personal description blank shall be forwarded as a required attachment to 

such copy. Field offices shall take such action as may be necessary to assure that the clerks of court 

comply with these instructions. 

Upon transfer of a petition for final hearing, the entire file shall be forwarded to the district office exercising 

jurisdiction over the court to which the petition has been transferred with a covering memorandum referring to 

any special issues in the case. Form G-360 shall be sent to the Central Office. The district office receiving 

the file shall process the petition as though it had been originally filed in the court to which transferred. Form 

N-476 shall be made out, dated as of the date of transfer, showing the reason for continuance, and followed 

by the date of filing in parenthesis. 

The same Form N-476 may include more than one transferred petition. Form N-476 shall be positioned on the 

left side of the folder containing such forms. 

OI 334.8 Failure to prosecute petition. 

(a) Before final hearing. 

If a petitioner has failed to take action requested of him within a reasonable time, a Form N-14 shall be 

sent. The opening sentence shall be amended by deleting "the (enclosed) application" and substituting 

therefor "your petition for naturalization." The first box relating to denial for lack of prosecution and the other 

boxes relating to the items required to be complied with shall be checked. 

(b) Failure to appear at final hearing. 

(1) Where petition will be recommended for granting. Where a petitioner whose case will be 

recommended favorably fails to appear at two successive final hearings, and no reasonable basis for a 

further continuance of the case has been shown by petitioner, the petition shall be scheduled for the 

third time, with a recommendation for denial for failure to prosecute, with notice to the petitioner on Form 

N-425. In scheduling the second hearing, the date set shall be no less than 30 days after the date of 

the first hearing, unless special circumstances exist which give assurance that petitioner will appear at a 

second hearing held within 30 days of the first hearing.


(2) Where petition will be recommended for denial. If a petitioner fails to appear at the final hearing after 

notice on Form N-425 of a proposed recommendation of denial, his petition shall be recommended for 

denial for "lack of prosecution," unless denial on the merits is warranted pursuant to paragraph (c). 

(3) Filing of Service memorandum. Where a recommendation for denial for "lack of prosecution" is made, 

the memorandum prepared under 8 CFR 335.12 shall not be presented to the court but shall be retained 

in the petitioner's file. 

(c) General considerations. 

A case shall not be recommended for denial for lack of prosecution or by withdrawal if the possibility 

exists that the Service may be prejudiced thereby. Such prejudice would ordinarily result, for example, when 

failure to obtain an adjudication on the merits would preclude fixing the date on which the petitioner would 

become eligible for naturalization upon a new petition; or when a denial recommendation could not be 

sustained or would be seriously weakened without presently available witness' testimony, should the 

petitioner seek to file a new petition in advance of the date on which he will become prima facie eligible to 

take such action; or when it can reasonably be anticipated that the petitioner may attempt to change 

testimony on a new petition or in an action or proceeding under the immigration laws; or when, in a case 

arising under the immigration laws, the decision would be facilitated by a naturalization adjudication on the 

merits premised upon a full and complete record. 

OI 334.9 Withdrawal of petition. 

Consent to the withdrawal of a petition shall be governed by the provisions of OI 334.8(c). 

OI 334.10 Amendment of petition subsequent to naturalization. 

An application to amend a petition after the petitioner has been admitted to citizenship must be initiated by 

the naturalized person independently of the Service; however, a copy of the application must be served upon 

the appropriate district director as provided in 8 CFR 334.16(b). Form N-410 shall not be used or made 

available to the naturalized person for the purpose of initiating such an amendment. An objection shall be 

made to an amendment in this category when it affects the court's jurisdiction or the naturalization judgment. 

A copy of any order granting the application shall be placed in the naturalized person's file with the duplicate 

certificate and the duplicate petition. 

OI 334.11 Correction of naturalization certificate when facts thereon do not conform with facts on 

petition. 

See 8 CFR 338.16 and OI 338.3.


OI 334a Filing/Declaration of intention. 

OI 334a.1 

Filing 

OI 334a.1 Filing. 

Notice to an applicant that he may appear in the office of the clerk of court to file a declaration of intention 

shall be sent on Form N-305. 

Before forwarding Form N-300 to the clerk of court, it shall be endorsed in the spaces provided at the bottom 

of the reverse of the form to show the location of the Service office and the name and title of the district 

director and initialed by the employee designated to pass upon the legality of the verified entry. At the same 

time allegation No.6 shall be altered (if required) to conform to the record of admission. 

The alien's file shall be noted to show the date when and the court to which the application was forwarded. 

An application returned by the clerk of court after 90 days because of the applicant's failure to appear shall 

be considered abandoned without further notice to the applicant.


OI 335 Examination on application for naturalization. 

OI 335.1 

OI 335.2 

OI 335.3 

OI 335.4 

OI 335.5 

Appointment of designated examiners 

Preliminary examination, record; docket 

lists; immigration documents 

"Denial" and "Facts to Court" cases; 

examiner's findings, conclusions, and 

recommendations 

Cases requiring regional office review 

before final hearing 

Notice to petitioner of recommendation 

for denial 

OI 335.1 Appointment of designated examiners. 

Requests for approval to designate employees to conduct preliminary examinations shall be submitted to the 

district director. Such requests shall specify the training received and supervision available. The district 

director shall notify the Regional Commissioner and the Assistant Commissioner for Adjudications and 

naturalization of his decision. Designation of employees authorized to conduct preliminary examinations 

under section 335 shall be made on Form N-475, a copy of which shall be inserted in the employee's 

personnel file. 

OI 335.2 Preliminary examination, record; docket lists; immigration documents. 

(a) Record of examination. Where testimony at the preliminary examination differs from or supplements that 

given at the preliminary investigation, the additional information should be taken in the form of an affidavit. If 

an affidavit would be inadequate, a stenographic record should be made. The affidavit or stenograhic record 

shall be made a part of the preliminary examination record by appropriate reference on the duplication 

petition. 

(b) Docket list. At the time of conducting the preliminary examination, the designated examiner shall enter 

the data called for on Form N-476, Examiners Docket List. There shall also be included on the line "Number 

of applicants notified", the number of N-600 cases that were notified for the same day, in this form: 

"(N-600-4)". The "Absent" line shall also show N-600 absences thus, "(N-600-2)". 

(c) Surrender of immigration documents. Form N-430 directs petitioner to bring his alien registration receipt 

card and any immigration documents. At the time of examination or promptly thereafter the petitioner shall 

surrender all entry documents in his possession for which he will have no use prior to naturalization, such as 

an immigrant identification card, border crossing card, certificate of registry or lawful entry, reentry permit, 

alien registration receipt card (other than Form I-151) or similar documents. Form I-151 shall be exhibited but 

retained by the petitioner until naturalization (see OI 338.1. Documents surrendered and exhibited shall be 

shown under "results of Examination." If petitioner claims loss or destruction of Form I-151 or any other 

entry document, he shall be carefully questioned to determine the validity of the claim, and, if deemed 

appropriate, an investigation may be conducted. If loss or destruction is established, the examiner shall 

endorse "Loss (destruction) I-151 (or particular entry document) satisfactorily shown", under "Results of 

Examination." 

OI 335.3 "Denial" and "Facts to Court" cases; examiner's findings, conclusions, and recommendation. 

The memorandum referred to in 8 CFR 335.12 shall not be prepared even though the recommendation is for 

denial when such recommendation is made because the petitioner is deceased; he has failed to meet the 

educational or literacy requirements of the law; he has been naturalized on another petition filed by him; he 

has failed to prosecute his petition, or he has withdrawn his petition. 

When prepared, one copy of the memorandum shall be retained in the field office file; one furnished the 

petitioner; one furnished the United States Attorney along with the request to file a timely protective notice of 

appeal if a denial recommendation is overruled by the court, and the original presented to the court. In


cases requiring regional office review, the original and copies of the memorandum shall not be dated until 

after the regional commissioner has returned a copy. 

OI 335.4 Cases requiring regional office review before final hearings. 

(a) Types of recommendation requiring regional office review. Whenever it is proposed to recommend that 

a petition, or application to take the oath of allegiance, be denied, or granted with all the facts brought to the 

attention of the court, in the classes of cases listed in paragraph (b), the complete file or files shall be 

submitted to the regional commissioner for review before the petition or application is calendared for final 

hearing. 

(b) Classes of cases requiring regional office review. Cases falling within the following classes only shall 

be submitted to the regional commissioner for review: 

Cases in which section 313 is involved and the recommendation will be for DENIAL, or where the long-form 

grant facts memorandum must be used. 

Cases in which section 313 is involved, except those cases in which the recommendation will be 

Grant-Facts to Court and the short-form memorandum is authorized. 

Cases involving interpretations of provisions of the naturalization or immigration laws which are not 

covered by outstanding instructions or administrative decisions. 

Cases which the regional commissioner requests be submitted. 

Cases in which the examiner requests advice from the regional commissioner as to the recommendation to 

be made to the court. 

(c) Examiner's Supplemental memorandum. The examiner may set forth in a separate memorandum any 

discussion of the case, citation of administrative precedents, or statements of Service policy not appropriate 

for inclusion in the memorandum of findings and conclusions. 

(d) Review by district director before submission to regional office. The examiner's findings, conclusions, 

and recommendation shall, before transmittal to the regional commissioner, be examined by the district 

director or an officer designated by him. Such officer shall prepare a memorandum to the regional 

commissioner, setting forth any comments, discussion, and citations of precedents deemed necessary and 

transmit the complete file to the regional commissioner. District directors may require examiners. District 

directors may require examiners to submit to them for examination individual cases or classes of cases 

specially designated by them and they shall refer to the regional commissioner under this OI any such cases 

in which the district director does not agree with the recommendation of the examiner. 

(e) Examiner's change of recommendation. The designated examiner, in his discretion, may change his 

own recommendation, findings, and conclusions to conform to that of the regional commissioner, without 

resubmitting the case for review. In that event, only the findings, conclusions, and recommendation of the 

examiner, as changed, shall be presented to the court and appropriate notation of such action made on the 

reverse of Form N-417. 

(f) Notice of court decision to regional office. Promptly after the court has made a decision, the officer in 

attendance at the final hearing shall fill out the reverse side of both Forms N-417, retain the original and 

return the duplicate to the regional office with copies of the memorandum of the examiner and the regional 

commissioner, if any, which were presented to the court. 

OI 335.5 Notice to petitioner of recommendation for denial. Notice of the date, time, and place of the 

final hearing shall be on Form N-425. Where the regional commissioner recommends granting and the 

designated examiner recommends denial, add the following in the space provided in the form: 

The regional commissioner, however, intends to recommend that your petition be granted. Both 

recommendations will be presented to the naturalization court. A copy of the regional commissioner's 

memorandum is also enclosed. 

If the regional commissioner is the one recommending denial, substitute for "undersigned" on the first line of 

Form N-425 the words "regional commissioner," and alter the above-quoted insertion accordingly. 

If Form N-425 is returned undelivered, reasonable efforts shall be made to locate and notify the petitioner. If 

not located, the petition shall be presented to the Court for denial and the Court Informed of the inability to


locate the petitioner.


OI 335b Evidence of birth, marriage, divorce or death. 

OI 335b.1 

OI 335b.2 

OI 335b.3 

OI 335b.4 

OI 335b.5 

OI 335b.6 

OI 335b.7 

Evidence of birth, marriage, divorce or 

death 

Depositors (Q and A Statement) taken be 

Service employees 

Deposition procedures 

Depositions taken outside of United 

States 

Information to be furnished a Service 

employee who is to take depositions 

Acceptability of depositions 

Prior Government witness statements 

OI 335b.1 Evidence of birth, marriage, divorce or death. 

A petitioner under the general provisions shall not be required to furnish proof of marriage or dissolution of a 

prior marriage or dissolution of a prior marriage unless such proof is material. Where proof of birth, marriage, 

divorce or death is required, and official civil record shall be requested; if such proof cannot be produced, 

secondary evidence shall be accepted. A petitioner shall not be put to unnecessary expense to obtain 

certified copies; if there is doubt as to the authenticity of the record produced, verification may be made by 

the Service from the official records. 

OI 335b.2 Depositions (Q A Statement) taken by Service employees. 

Depositions shall be taken by Service officers, if the situation falls within any one or more of the following 

categories. 

When a petitioner, at any time, has been arrested or convicted for, or admits the commissioner of, a felony; 

When a petitioner, at any time, has had on appreciable number of arrests for any reason other than minor 

traffic violations; 

When a petitioner, at any time, has been a member of an organization, or has engaged in activities, 

proscribed by section 313 of the Act; 

When a petitioner, by reason of repute, associations, or other circumstances is suspected of being or having 

been engaged in activities of an immoral, criminal, or subversive nature, or activities which make 

questionable his character, attachment, or favorable disposition; 

When for any other reason, the facts and circumstances of the case of make the taking of depositions 

before a Service officer only preferable; 

When a petitioner or deponent requests the Service to take the depositions. (If a deponent makes the 

request upon appearance at a field office, his deposition shall be taken at that time.) 

OI 335b.3 Deposition procedures. 

See Naturalization Examiner's Guide, Appendix VI. 

OI 335b.4 Depositions taken outside of United States. 

When the testimony of citizen witnesses is required to be taken outside the United States, their names and 

addresses shall be sent to the Service office abroad authorized to act, or to the Washington district office to 

arrange for the taking of testimony abroad by Department of State representatives.


OI 335b.5 Information to be furnished a Service employee who is to take depositions. 

When a Service employee is to take depositions in a case, the officer requesting the action shall enter upon 

a transmittal memorandum, as needed, the details of any adverse or other information in the case which may 

be of value in conducting a proper interrogation of the deposition witnesses. Additionally, the Service 

employee who will take the depositions shall be expressly instructed regarding any aspect of the case which 

may require special development or emphasis during his interrogation. If, in a given case, the derogatory 

information is so extensive that it cannot be reduced to a concise statement on a transmittal memorandum 

the entire file may be forwarded as an alternative; however, such action shall be taken only when it is 

absolutely necessary. 

OI 335b.6 Acceptability of depositions. 

Depositions taken shall not not be satisfactory unless the deponent, if not a native-born citizen, has either 

furnished sufficient information to established may claim to derivative citizenship, has exhibited his 

naturalization certificate, or his naturalization has been otherwise verified. 

OI 335b.7 Prior Government-witness statements. 

For demand of prior Government-witness statements, see OI 242.7(d) 

Blue Page OI 335c.1 



Blue Page OI 335c.4


OI 336 Directory of naturalization courts. 

OI 336.1 

OI 336.2 

OI 336.3 

OI 336.4 

OI 336.5 

OI 336.6 

OI 336.7 

OI 336.8 

OI 336.9 

OI 336.10 

OI 336.11 

OI 336.12 

OI 336.13 

OI 336.14 

Directory of naturalization courts 

Court calendars 

Name change after petition filed and 

before final hearing 

Order to show cause 

Final hearings 

Record of final hearing 

Form of recommendations for denial 

Introduction is evidence of preliminary 

examination and supporting documents 

Lists of petitions and others of court 

Distribution of message from the 

President and the pamphlet "A welcome 

to U.S.A. Citizenship" 

Admission to citizenship over objection 

Notification of decision 

Surrender of foreign passport or 

naturalization certificate 

Lists of naturalized citizens 

OI 336.1 Directory of naturalization courts. 

When a naturalization court has become active or inactive, or has other wise made changes in the exercise 

of its jurisdiction to naturalize, or when administrative jurisdiction to file petitions is transferred form one 

office to another, or when any other change takes place requiring amendment of the directory, there shall be 

submitted to the Assistant Commissioner, Naturalization, Central Office, referring to 310.1-p, a regional 

report on January 1 and July 1 only, indicating the exact change and the page number on which an 

amendment of the directory shall be made. Copies of the regional report shall be furnished the other regional 

offices at the same time. If no changes are to be made in the directory, the Assistant Commissioner, 

Naturalization, shall be so advised. 

OI 336.2 Court calendars. 

A separate calendar, reflecting dates of final hearings and other information required by Chapter 4, 

Naturalization Examiner's Guide, and exhibit thereto, shall be completed for each State, possession, an 

commonwealth immediately following January 1st, and 5 copies forwarded to the regional office. The regional 

office will collate the calendars for the region, and transmit 3 of the copies to the Assistant Commissioner, 

Naturalization. 

The Assistant Commissioner, Naturalization, shall be kept informed on a continuing, prompt basis, of any 

changes required in the calendars after original submission. 

OI 336.3 Name change after petition filed and before final hearing. 

Whenever a petitioner's name is changed after the petition is filed and before the final hearing, the new name 

shall be shown parenthetically in the "Change of Names" column of the list of petitioners, followed by "by


marriage," or "by divorce," or "by judicial action," as appropriate. 

OI 336.4 Order to show causes. 

When, following issuance of a petition is requested pending final adjudication in the deportation proceeding 

(see INTERP 318), documentary evidence shall be offered and made part of the record to prove that such 

proceedings are pending. 

OI 336.5 Final hearings. 

(a) Notice of final hearing and questionnaire. As appropriate, Form N-445 or Form N-445B shall be mailed to 

the petitioner by the Service or the clerk of court, with the appropriate signature filled in on the notification 

side. When the notice is from the Service, the signature shall be "Immigration and Naturalization Service" 

and the form shall be processed as a notice, rather than a letter, without salutation, complimentary closing, 

and signature of an individual. 

The questionnaire on Form N-445B shall not be completed and executed in section 322 and 323 cases 

when the beneficiary children will be under 13 years of age on the date of the final hearing. In such 

circumstances, the instruction on Form N-445B requiring completion of the questionnaire shall be stricken. 

Moreover, the letter "X" shall be entered in the 5th box down on the face of the form and the sentence "DO 

NOT ANSWER THE QUESTIONS ON THE OTHER SIDE OF THIS NOTICE" shall be entered in capital letters 

after the word "OTHER". When cases in this category are calendared for final hearing, and the Forms N-445B 

are to be sent out by the clerk of court, the Service office shall prepare for each such case a Form N-445B, 

amended as described herein, and shall forward them to the clerk of court at the same time the preliminary 

list of scheduled cases is transmitted, with instructions that the amended forms be used for the related 

cases in lieu of any other forms N-445B which the clerk may have on hand. 

The Service officer in attendance at the final hearing shall go over the questionnaire on Form N-445 or 

Form N-445B with the petitioner immediately before the hearing. If affirmative questionnaire answers are 

resolved in favor of the petitioner, or the beneficiary in a section 322 or 323 case, that fact shall be 

appropriately endorsed in the file by the officer; otherwise, a motion for continuance of the petition shall be 

made at the hearing so that the petitioner's, or beneficiary's, eligibility may be further developed. Each 

questionnaire shall then be placed in the respective petitioner's file. 

If a Service officer will not attend the final hearing, the petitioner shall be required to complete the 

questionnaire portion of Form N-445, or Form N-445B where the child is not exempt by age and submit it to 

the Service office at least one week before the final hearings. If satisfactory, this completed form shall be 

forwarded to the clerk of court with the other forms required by 8 CFR 336.13, with a request that it be 

returned tot he Service office after the hearing. The clerk shall be instructed to communicate telephonically 

wit the Service office when the petitioner change a negative answer to an affirmative one on the 

questionnaire portion of Form N-445 or Form N-445B. The advice furnished to the clerk at the time of his call 

shall be noted in the Service file by the instructing officer. 

OI 336.6 Record of final hearing. 

(a) United States district courts. The official court reporter will make a verbatim record of all final hearings 

in United States district courts unless the Service and the petitioner, with the court's approval, agree that no 

record be made. Nonrecording shall not be proposed or agreed to without prior approval from the regional 

commissioner. 

Since the court reporter may charge the Service a fee for a transcript, one shall not be requested without 

approval form the regional commissioner. In making such a request, the need for the transcript and the 

estimated fee shall be stated. The Service will not advance payment. After a transcript is furnished, the 

reporter may submit a bill. 

(b) State courts. In State courts where naturalization hearings are not ordinarily reported, an effort shall be 

made to have the hearing reported by an official stenographer when denial of a petition is recommended. 

OI 336.7 Form of recommendations for denial. 

Recommendations for denial of petitions shall be stated on Form N-484 or the individually drawn denial lists, 

and on the memorandum required by 8 CFR 335.12, in the following language: 

(1) Good moral character lacking:


Failed to establish good moral character during the period required by law. 

(2) Attachment and disposition lacking: 

Failed to establish attachment to the principles of the Constitution and favorable disposition to the United 

States during the period required by law. 

(3) Legally incompetent to file a petition: 

Petitioner was legally incompetent to make a file a valid petition. 

(4) Inability to read, write, or speak English: 

Petitioner cannot speak (read, write) the English language. 

(5) Not resident within court's jurisdiction: 

Petitioner not resident within the jurisdiction of the court. 

(6) Continuity of residence broker or residence requirements otherwise lacking: 

Petitioner has failed to establish continuous residence in the United States (State, United States and 

States) for the period required by law. 

(7) Physical presence requirements lacking: 

Petitioner has failed to establish physical presence in the United States for the period required by law. 

(8) Lawful admission for permanent residence lacking: 

Petitioner has failed to establish lawful admission to the United States for permanent residence. 

(9) Verifying witnesses or depositions not satisfactory: * 

Petition is not supported by required affidavits of witnesses (depositions, oral testimony). 

(10) Unable to sign petition: 

Petition was not signed in petitioner's own handwriting. 

________________________________________________________________ 

* Witness requirements repealed by Act of December 29, 1981. (95 Stat. 1611). 

(11) Petition not prosecuted: 

Lack of prosecution. 

(12) Petition withdrawn: 

Withdrawn by petitioner. 

(13) Petitioner already a United States citizen: 

Petitioner has failed to establish alienage or noncitizen nationality of the United States. 

(14) Relief from military service; membership in proscribed organizations: 

Petitioner has failed to establish that he is not ineligible for naturalization under section 315 (section 313) 

of the Immigration and Nationality Act. 

(15) Failure to pass educational examination: 

Petitioner lacks knowledge and understanding of the fundamentals of the history and the principles and 

form of government of the United States.


(16) Deportable: 

A final finding of deportability is outstanding. 

(17) Unwillingness to bear arms, etc.; mental reservation or qualification as to oath of allegiance; legally 

incompetent at final hearing: 

Petitioner is unable to take the oath of allegiance to the United States. 

(18) Cannot meet requirements under special naturalization provisions: 

Petitioner has failed to establish (insert the specific special prerequisite which is lacking, such as a valid 

marriage to a United States citizen, or marital union, or length or type of military service, or validity of 

adoption, or service as seaman, or other special provisions not met and not covered by any of the other 

numbered recommendations in this OI), as required by section_____of the Immigration and Nationality Act. 

(19) Petitioner has died: 

Petitioner has deceased. 

OI 336.8 Introduction in evidence of preliminary examination and supporting documents. 

The officer in attendance at the final hearing shall introduce into evidence the record of the preliminary 

examination together with the memoranda containing the findings, conclusions and recommendations of the 

designated examiner and the regional commissioner, the sworn Form N-400 and supplements thereto, and 

any other documentary evidence required to support a recommendation for denial on the merits or 

"grant--facts to court." Such action shall be taken even though the petitioner fails to appear, if the 

recommendation is for denial on the merits. 

The Service officer shall obtain a ruling on the admissibility of the evidence and have the record show 

whether the evidence was admitted or rejected. If the documents, after acceptance in evidence, are 

returned to the Service for safekeeping, they must be marked by the clerk of court or court reporter to show 

their acceptance. 

OI 336.9 Lists of petitions and orders of court. 

(a) Table of lists and orders. The following table shows all of the published forms of lists and orders 

specified in 8 CFR 336.13(a) and indicates their uses: 

N-480 Naturalization Petitions Recommended to be Granted (by designated examiner) (and) Order of Court 

Granting Petitions for Naturalization. 

N-481 Naturalization Petitions Recommend to be Granted (continuation of Form N-480; corresponding 

Order of Court Granting Petitions is the Order on Form on Form N-480). 

N-485 Naturalization Petitions Recommended to be Granted (by designated examiner in behalf in behalf of 

children) (and) Order of Court Granting Petitions for Naturalization. 

N-484 Naturalization Petitions Recommended to be Denied (by designated examiner) (and) Order of Court 

Denying Petitions for Naturalization. 

(b) Preparation of grant lists an court orders relating to petitions filed in behalf of children. A single list 

and court order on Form N-485 (12-1-66) shall be prepared for a given final hearing, even though some 

beneficiaries take the oath, while others do not. When both waiver and non-waiver cases are listed, the 

names of those beneficiaries in whose cases the taking of the oath is waived shall be preceded by an 

asterisk. 

The court order on the reverse of Form N-485 shall be amended by inserting, in the space and line after 

the word "petitioners," the words "and beneficiaries noted by '*', in whose cases the taking of the oath is 

waived" and by substituting for the present word "waived" the word "taken." 

OI 336.10 Distribution of message from the President and the pamphlet "A Welcome to U.S.A. 

Citizenship."


"A Message from the President of the United States," and the pamphlet, "A Welcome to U.S.A. Citizenship," 

constitute the Federal Government's welcome to the new citizen and shall be given to him at the time of 

naturalization, preferably by the presiding judge. If he prefers not to present the messages and the 

pamphlet, the presentation shall be made by the naturalization examiner or the clerk of court. At the same 

time, there shall be distributed House Document No. 225, "Pledge of Allegiance to the Flag." No additional 

folds shall be made in the document when distributed. There shall also be distributed a notice from the 

passport Office of the Department of State, title "Notice to Newly Naturalized Citizens Regarding Passports," 

which contains information concerning the advantages of making timely application for a United States 

passport, and Which urges the new citizens to apply for and maintain a valid passport at all times. 

OI 336.11 Admission to citizenship over objection. 

(a) Report to U.S. Attorney and regional counsel. Whenever the court overrules a recommendation for denial 

or for continuous because of pending deportation proceedings, the U.S. Attorney shall be promptly notified to 

file a timely protective notice of appeal, and the complete file and a report shall be transmitted without delay 

to the regional counsel. Telephonic notification of the recommendation as to whether to pursue an appeal 

shall be made immediately to the regional counsel and General Counsel; the file and written report must reach 

the General Counsel no later than the 25th day of the 60-day appeal period. See O.I. 103.1(e)(8) (ii). 

(b) Form of report. Immediately after a final hearing in which the court takes adverse action, the examiner in 

attendance shall prepare a full report in order that a proper determination may be made as to whether the 

court record justifies an appeal. If witnesses testified, the report should include the substance of their 

testimony. The complete file and report shall be transmitted to the regional counsel by memorandum, 

containing a recommendation for or against appeal with reasons therefore, and setting forth that the United 

States Attorney has been notified to file a timely protective notice of appeal. In State court cases, the time 

for filing an appeal shall be given. 

OI 336.12 Notification of decision. 

When a denial recommendation has been made and the court does not dispose of the case at the hearing but 

takes it under advisement and subsequently renders its decision, every efforts shall be made to ensure that 

the petitioner or his representative is promptly notified of the court's decision. 

OI 336.13 Surrender of foreign passport or naturalization certificate. 

At the final hearing, the officer in attendance shall announce that nationals of Colombia should surrender 

their Colombian passports, Colombian citizenship identification cards or other official documents which 

identify them as citizens of Colombia, to Colombian authorities in the United States; that Australian citizens 

should surrender their Australian passports and other travel documents to Australian authorities in the United 

States; and that Indian nationals should surrender their Indian passports to Indian authorities in the United 

States; and that Ecuadorian nations should surrender their Ecuadorian passports and other documents of 

that nationality to the Embassy of Ecuador in Washington, D.C. 

OI 336.14 Lists of naturalized citizens. 

A listing, by state, of all persons naturalized during the preceding month will be prepared and furnished to 

each member of the Congress from that state by the 10th day of the following month. The lists shall contain 

the names and addresses of those naturalized and shall indicate Mr., Mrs., Miss or Ms. by each name. 

Where appropriate, the lists will indicate whether petitioners are husband and wife or brothers/sisters. Ages 

of children naturalized and the name of the petitioning parent(s) will be shown.


OI 337 Oath of allegiance. 

OI 337.1 

Precaution in subscribing to the oath 

OI 337.1 Precaution in subscribing to the oath. 

When a petitioner, because of his religious training and belief, is found eligible to take a modified oath, 

special care shall be exercised to assure that the wording of the written oath subscribed to by the petitioner 

is identical with that of the oral oath which was taken in court.


OI 338 Certificate of naturalization. 

OI 338.1 

OI 338.2 

OI 338.3 

Surrender of Form I-151, and entry 

documents 

Change in petitioner's name, marital 

status, or personal description 

Correction of certificate 

OI 338.1 Surrender of Form I-151, and entry documents. 

Form I-151 shall be surrendered at the final hearing to the Service officer in attendance. The clerk of court 

shall be immediately notified by the Service officer to withhold delivery of a certificate of naturalization for 

failure to surrender Form I-151, unless the record of the preliminary examination shows that petitioner has 

satisfactorily shown loss or destruction thereof, or the Service officer in attendance is satisfied that the Form 

I-151 exhibited at the preliminary examination has since been lost or destroyed, and so endorses the 

administrative record. Delivery of the certificate of naturalization shall not be withheld for failure to surrender 

other existing entry documents, but the Service officer in attendance shall instruct the naturalized person to 

nevertheless submit such documents to the Service for retention. 

The procedure regarding the safeguarding and accounting of surrendered Forms I-151 set forth in AM 

2482.05(o) shall be followed. 

OI 338.2 Change in petitioner's name, marital status, or personal description. 

When a change in the petitioner's name, marital status, or personal description occurs between the date of 

filing the naturalization petition and the final hearing, the officer attending the final hearing shall notify the 

clerk of court on Form N-338 thereof for use in preparing the naturalization certificate. A duplicate copy of 

Form N-338 shall be placed in the petitioner's file. 

OI 338.3 Correction of certificate. 

When an application for correction of a certificate is approved, every effort shall be made to have the clerk 

of court make the correction on the certificate to minimize issuance of a new certificate and necessary cross 

indexing. The issuance of a new certificate shall be authorized only when the district director is satisfied 

that the correction has resulted or will result in a mutilation which will make the issuance of a new certificate 

necessary.


OI 339 Functions and duties of clerks of court regarding naturalization 

proceedings. 

OI 339.1 

OI 339.2 

OI 339.3 

Disposition by field office of clerk's 

report 

Inspection of court records by Service 

officers 

Binding and locking naturalization 

records 

OI 339.1 Disposition by field officer of clerk's report. 

Upon receipt of the monthly report on Form N-4 and the accompanying papers, the documents shall be 

stamped to show the date of receipt and examined for correctness. A duplicate naturalization certificate or 

declaration of intention relating to a person residing in anther Service district shall be transmitted to the 

district in which the subject resides for inclusion in his file. 

Appropriate action shall be taken to have errors and ommissions corrected. The duplicate papers which are 

in order shall be immediately placed in the relating files. The corrected papers shall be so filed upon their 

return from the clerk of court. 

The original report on Form N-4 shall be filed and the duplicate sent to the fiscal section in the regional office. 

OI 339.2 Inspection of court records by Service officers. 

Officers on every visit to a court in connection with regularly scheduled naturalization work shall check all 

unbound volumes to ensure that a Form M-154 label is pasted therein, and if not, to affix the label. In 

addition, officers shall, once every six months, or less frequently if a court is not visited that often, spot 

check the naturalization records to ascertain whether regulations and instructions are being followed. The 

officer shall note on the inside of the back cover of each volume the number of the last document checked 

and shall sign and date his notation. Until a volume is ready for binding and locking, the documents therein 

will be filed chronologically in loose-leaf form. Upon his return to the field office, the officer shall note the 

results of his examination on Form N-30, as prescribed in Chapter 13 of the Naturalization Examiner's Guide. 

A written report of any irregularities found shall be submitted to the district director. 

OI 339.3 Binding and locking naturalization records. 

District offices shall maintain a supply of temporary posts, binders, and locking devices for clerks of court. 

District directors shall forward to the regional office regular requisition Form G-514 for such supplies. When a 

naturalization volume is ready for binding, it will be permanently locked by the clerk of court from the supply 

of locking devices furnished him for that purpose.


OI 340 Revocation of naturalization. 

OI 340.1 

OI 340.2 

OI 340.3 

App.to 340.1 

Revocation reports 

Recommendation for revocation 

Motion to reopen completed 

naturalization cases during term of 

court 

Revocation reports 

OI 340.1 Revocation reports. 

(a) General. If prima facie grounds for revocation exist, the relating files and investigative reports shall be 

referred to the district director for his recommendation to the regional commissioner. The district director 

shall submit a report, in duplicate, to the regional commissioner, following the format prescribed in paragraph 

(b), in every case involving a person alleged to be of the subversive, criminal, immoral, narcotic, or racketeer 

class or a person whose character is otherwise degraded. A report need not be made in any other type case 

if the district director is satisfied that if denaturalized the person would not become deportable and that a 

new petition for naturalization would be granted, or the case is one contemplated by Department of Justice 

circular letter 107 (INTERP 340.1). 

(b) Form of report. The report in the matter of possible proceedings to revoke naturalization shall be 

prepared by an officer designated by the district director and shall be accompanied by all relevant Service 

files. A sample report appears as an appendix of this OI. After "Subject" shall be entered, in order, the 

relating Service file number; the same (including all aliases or the statement, "no aliases") and present or last 

known place of residence, followed by the phrase "possible revocation proceedings." The paragraphs shall 

be numbered and shall contain the following: 

Paragraph 1. Indicate name and address of any attorney; if none, so state. 

Paragraph 2. List chronologically on separate lines all naturalization papers filed by or issued to the 

naturalized person, showing number and date of each and court of filing or issuance. Show section of law 

under which petition was filed. 

Paragraph 3. "Pertinent facts of record." Summarize testimony, concerning only the facts that will be at 

issue in a revocation suit, given by the naturalized person and his witnesses in the naturalization 

proceedings. Indicate whether objection was made to naturalization. 

Paragraph 4. "Facts developed by investigation." Summarize those facts developed during the 

investigation which tend to establish grounds for revocation. State whether the investigation has produced 

evidence of willful misrepresentation or concealment of facts relating to use of aliases, places of residence, 

occupation, and names of employers during the statutory period. 

Paragraph 5. "Available witnesses." List in separate subparagraphs the names and addresses of all 

witnesses who may be called, stating briefly what testimony each can give respecting the issues. Also show 

their availability, willingness to testify, and apparent credibility. 

Paragraph 6. "Documentary evidence." List all documentary evidence which may be used to prove any 

point at issue. If any such evidence is not submitted with the report, state where it can be located. Include 

FBI reports as well as recent reports from local law enforcement agencies and Service investigative reports. 

No copies of documents need be specially prepared to accompany the report. 

Paragraph 7. "Conclusions and authorities." State the legal basis upon which naturalization may be 

revoked, explaining briefly how each point can be proved. Do not furnish citations of authority unless a 

novel question of law is involved. 

Paragraph 8. "Comments." Discuss briefly the present situation and behavior of the naturalized person 

with particular attention to the question whether he would be eligible for naturalization on a new petition, 

mentioning any special circumstances in the case.


Paragraph 9. "Recommendation." Indicate clearly what action is recommended. 

OI 340.2 Recommendation for revocation. 

(a) If the Regional Commissioner determines that revocation is warranted, the Assistant Regional 

Commissioner, Inspections and Adjudications, shall do the following: (TM 8/85) 

(1) Prepare and execute an affidavit of good cause 

(2) Prepare a draft recommendation addressed to the Director, Office of Immigration Litigation, Civil 

Division, Department of Justice, from the Commissioner, to be signed "For the Commissioner" by the 

General Counsel. The recommendation shall contain a full summary of relevant facts, the grounds for 

revocation, the legal authorities is support thereof, and a statement of how the case complies with DOJ 

circular letter 107 as set forth in Interpretation 340.1(f). (TM 8/85) 

(3) Forward the affidavit of good cause, the supporting record with the subject's file, and the 

recommendation, to the Assistant Commissioner, Adjudications, Central Office. (TM 8/85) 

(b) The Assistant Commissioner, Adjudications shall review the Regional Commissioner;s recommendation to 

determine if institution of revocation proceedings is warranted. If he/she determines that institution of 

revocation is not warranted, he/she shall return the file to the region, along with a memorandum setting forth 

his/her reasons for disapproval. An information copy shall be sent to the General Counsel. (TM 8/85) 

(c) If the Assistant Commissioner, Adjudications determines that institution of revocation proceedings is 

warranted, he/she shall forward the affidavit of good cause, the recommendation memorandum, and the 

supporting record with the subject's file to the General Counsel to pass upon such recommendation. If the 

General Counsel determines that institution of revocation proceedings is warranted, he/she shall forward the 

recommendation Litigation, Civil Division, Department of Justice. If the General Counsel determines that 

institution of revocation proceedings is not warranted, he/she shall return the file to the Assistant 

Commissioner, Adjudications, along with a memorandum setting forth his/her reasons for disapproval. (TM 

8/85) 

(d) Where revocation proceedings have not been instituted by the Office of Special Investigations, Criminal 

Division, Department of Justice, the Assistant Regional Commissioner, Inspections and Adjudications shall 

immediately notify the Office of Special Investigations of the institution of such proceedings if the subject is 

an alleged Nazi war criminal. (TM 8/85) 

OI 340.3 Motion to reopen completed naturalization cases during term to court. 

A motion prepared pursuant to section 340(j) which is designed to effect reconsideration and eventual denial 

of the petition for naturalization shall be submitted to the regional office for review before being filed with the 

court. (TM 8/85) 

OI Appendix to OI 340.1 

APPENDIX to OI 340.1 

NYC 340-C 

Date: 

TO: Regional Commissioner, Burlington, Vt. 

FROM: District Director, New York, New York 

SUBJECT: A-2500000; John Smith (alias James Walters), 328 West 52nd Street, New York, New York; 

possible revocation proceedings. 

Attention: Regional Counsel 

1. John Jones, 22 Broadway, New York, New York, attorney. 

2. Declaration No. 1533000, filed January 5, 1949, United States District Court, Brooklyn, New York.


Petition No. 124871, filed Aril 1, 1956, United States District Court, New York, New York (filed under section 

___' Immigration and Nationality Act). 

Certificate of naturalization No. 8200000 issued June 1, 1956. 

3. Pertinent facts of record. During the preliminary investigation conducted by Naturalization Examiner John 

Clark on April 1, 1956, prior to filing his petition, Smith testified under oath that he had never used any name 

other than John Smith and that he had never been arrested for or convicted of the violation of any law or 

ordinance and that he had never been summoned into court or paid a fine. 

During the preliminary examination conducted under oath on the same date by Naturalization Examiner 

Richard Simpson, Smith gave the same testimony. No objection was made to naturalization. 

4. Facts developed by the investigation. In a sworn statement made in this office before Investigator R. A. 

West on December 4, 1962, Smith admitted that, using the name of James Walters he at Philadelphia, 

Pennsylvania, on December 1, 1953, of theft committed July 2, 1953, of goods valued at $5,000 from an 

interstate shipment; that he was sentenced on December 15, 1953, to serve 18 months at the Federal 

penitentiary at Atlanta, Georgia, from which he was released May 1, 1955. Smith further stated that, 

although he has never been married, he lived in an adulterous relationship with Ada Doe, a woman then 

married, from July of 1950 until November of 1961. He also testified that he had been arrested in New York 

City in 1957 for loitering, fingerprinted, and released. 

A sworn statement was taken from Ada Doe on November 17, 1962, in connection with her application for 

registry in San Francisco, which statement corroborates that of Smith concerning the adulterous relationship. 

This statement is contained in A-11000000. 

5. Available witnesses. RICHARD SIMPSON, Officer in Charge, Newark, New Jersey, can testify as to 

statements made on preliminary examination concerning arrests and use of alias. JOHN CLARK is 

deceased. 

R. A. WEST, Investigator, assigned to this office. Can testify as to statement made by Smith December 4, 

1962. 

6. Documentary evidence. Certified transcript of criminal record, in this file. 

FBI fingerprint record identifying James Walters who was convicted for interstate theft in 1953 as the same 

person who was arrested in 1957 for loitering under the name John Smith. This is also in the file. 

Sworn statement of John Smith made December 4, 1962, in the file. 

Application form for petition for naturalization and duplicate copy of petition, showing examiner's notes, in the 

file. 

7. Conclusions and authorities. From the foregoing, it is submitted that this naturalization was procured by 

concealment of material facts and by willful misrepresentations both as to the petitioner's criminal record and 

as to his use of an alias. This can be proved by the witnesses and documents listed above. 

8. Comments. John Smith would apparently be entitled to no special exemptions under the naturalization 

laws if he were filing a petition as of now, and he could not qualify as a person of good moral character 

under section 101(f) of the Immigration and Nationality Act because of his commission of adultery. 

9. Recommendation. It is recommended that proceedings be instituted to revoke the order admitting John 

Smith to citizenship and canceling the certificate of naturalization on the ground that such order and 

certificate were procured by concealment of material facts and by willful misrepresentations.


OI 341 Certificates of citizenship. 

OI 341.1 Status Form N-601 

OI 341.2 

OI 341.3 

OI 341.4 

OI 341.4a 

OI 341.5 

OI 341.6 

OI 341.7 

OI 341.8 

OI 341.9 

OI 341.10 

OI 341.11 

OI 341.12 

Translations 

N-600 application procedures 

Assumed name 

Check of Service and State Department 

records for possible expatriation 

Application for certificate of 

citizenship in behalf of an adopted 

child 

Waiver of child's appearance in 

connection with in N-600 application 

Notice of further actions required 

Failure to prosecute 

Certificate forms 

Delivery of certificate and surrender of 

Form I-151/I-551 

Authorized determinations of citizenship 

status 

Officers assigned to conduct examinations 

OI 341.1 Status Form N-601. 

Form N-601 showing progress of each Form N-600 (except one received from another office for a witness' 

testimony or investigation) shall be maintained as the uppermost piece of material on the right-hand side of 

the file. When a case is forwarded to another office for interview or investigation, Form N-601 shall be 

retained in the control office, with a copy of the forwarding memorandum. 

OI 341.2 Translations. 

If it is not possible for a local full-time Service employee to make any necessary translation of foreign 

language documents in an immigrant visa, the procedure outlined in OI 103.2 shall be followed. 

OI 341.3 N-600 application procedures. 

(a) Inquiry and procedures concerning State Department records. In cases where the N-600 applicant 

appears for an interview, he/she will be asked specifically if he/she has ever applied for or been issued a 

card of identity or registration as a U.S. citizen, report of birth abroad, or U.S. passport. Subsequent to the 

interview, the last page on the N-600 application shall be endorsed to reflect that the questioning occurred. 

(TM 2/87) 

In cases where the applicant indicates that he or she did apply for some sort of documentation from the 

State Department, Form N-602 shall be executed and mailed to the District Director at the Washington District 

office. (TM 2/87) 

(b) Supporting documentary evidence. In determining the availability in foreign countries of documents 

which may be required to be submitted, the procedure outlined in OI 204.2 shall be followed.


Birth certificates of children born abroad in Unites States Army Hospitals, and related hospital records, 

may be obtained from the Military Personnel Records Center, St. Louis, Missouri. Requests for such 

documents should be made through the Service office in St. Louis, Missouri, and should furnish the name of 

the hospital and other identifying data. 

A record of admission on Form I-94 is maintained in the Central Office for each Unites States citizen born 

abroad and entering the United States for the fist time. 

OI 341.4 Assumed name. 

When the applicant has assumed, or is known by a name other than a true name, but has not changed the 

name in accordance with the law of the jurisdiction where it was assumed, the certificate of citizenship shall 

be issued in the applicant's true name followed by the words "also known as" and the assumed name. 

However, in such a case the applicant shall be required to sign only the true name on the certificate and on 

the photographs submitted with the application. The certificate shall be signed by the applicant unless the 

applicant is a child unable to sign his/her name, in which case the certificate shall be signed by the parent or 

guardian, and the signature shall read "(insert name of child) by (insert name of parent or guardian, indicating 

which)". (Revised TM 8/88) 

OI 341.4a Check of Service and State Department records for possible expartiation. 

For policy and procedure to be followed, see OI 349.4. 

OI 341.5 Application for certificate of citizenship in behalf of an adopted child. 

(a) General. Section 22 of the Immigration and Nationality Act amendments of 1986 (Pub. L. 99-653) added 

to section 341 of the INA a provision for the Attorney General to, in effect, confer United States citizenship 

upon adopted children meeting the requirements detailed in the amended section. Form N-643 was developed 

to carry out the provisions of the amendment. Except to the extent modified herein, an application for a 

certificate of citizenship on Form N-643, Application for a Certificate of Citizenship in Behalf of a Child, shall 

be processed in accordance with the regulations, operations instructions and Service policy for adjudication 

of Form N-600, insofar as those guidelines lend themselves to such application. This application is only for 

adopted children under 18 years of age who are eligible for conferral of citizenship under Section 341(c) of 

the Act. (Revised TM 8/88) 

(b) Processing. The application for the certificate of citizenship will be processed on Form N-643. The 

application should be given priority and adjudicated within 60 days of receipt. Form N-402, Application to File 

a Petition in Behalf of a Child, may be filed in lieu of Form N-643 for processing of naturalization under 

Section 322 of the Act. (Revised TM 8/88) 

(c) Oath. The oath of allegiance shall be taken and subscribed to by the child on the duplicate copy of the 

N-560 certificate unless waived pursuant to 8 CFR 341.7. The certificate is not valid unless signed by the 

child or by the parent in behalf of the child. 

(d) Waiver of child's appearance in connection with N-643. If the child is under 14 years of age on the 

date of the schedule interview, and there are no circumstances in the case giving rise to the suspicion that 

the child is an impostor, or has abandoned residence in the United States, the child shall not be required to 

appear before a Service officer if the parent or guardian is available to appear for examination under oath or 

affirmation by a Service officer, as required by 8 CFR 341.2, and to identify a photograph of the child as that 

of his/her son or daughter. If the child;s appearance before the Service officer in connection with the N-643 

application is waived, the oath requirement shall be regarded as also waived, and the words "oath and 

personal appearance waived" shall be noted in the report section provided on Form N-643. (Revised TM 8/88) 

(e) Valid adoption for purposes of citizenship under section 341 of the Act. A child adopted abroad by 

United States citizen parents, but admitted to the United States as a permanent resident orphan child coming 

to be adopted in accordance with 8 CFR 204.2(d)(4) may apply for a Certificate of Citizenship under section 

341(c) of the Act even if a subsequent adoption is not legally completed in the United States, if the State of 

residence recognizes the foreign adoption. (Revised TM 8/88) 

OI 341.6 Waiver of child's appearance in connection with an N-600 application. 

When the person(s) through whom citizenship was acquired or derived is available to appear for examination 

under oath or affirmation by a Service officer, as required by 8 CFR 341.2 and to identify a photograph of the 

child as that of his son or daughter, the child's appearance before the Service officer in connection with the 

N-600 application, and the oath requirement in his case, shall be regarded as waived if the other conditions


for a waiver under OI 341.5(e) are met. 

OI 341.7 Notice of further actions required. 

Upon completion of the personal examination on the application and if further actin is required on the part of 

the claimant, there shall be delivered to him/her or the acting parent or guardian a properly checked or filled 

out Form N-14 showing the documents or actions still required. (TM 10/85) 

OI 341.8 Failure to prosecute. 

Form N-14 shall be used to request submission of documentary evidence or additional information from an 

applicant at any stage of the proceedings. An applicant who fails to submit the documentary evidence or 

information requested on Form N-14 delivered at the personal examination (OI 341.7) held 60 days previously 

shall be promptly sent a final Form N-14. Upon failure to comply, the case shall be denied 30 days later, 

unless the applicant has in the interim requested additional time and the denial and of appeal rights provided 

by 8 CFR 103.3 will be sent to the applicant. (TM 10/85) 

The notice to appear for an examination shall be given not less than 2 weeks before the scheduled date of 

interview. If the applicant fails to appear for the examination, or to otherwise explain his/her absence, or 

does not request an alternative examination, or to otherwise explain his/her absence, or does not request an 

alternative examination date, the application shall be denied. Notice of the denial and of appeal rights 

pursuant to 8 CFR 103.3 will be sent to the applicant. (TM 10/85) 

OI 341.9 Certificate forms. 

A person who acquired citizenship at birth, including a person under section 309(C), shall be issued 

certificate Form N-560 bearing serialized prefix number "AA". 

OI 341.10 Delivery of certificate and surrender of Form I-151/I-551. 

The officer conducting the hearing on the application for a derivative certificate of citizenship shall lift the 

applicant's Form I-151/I-551, if he/she possesses one. (TM 12/86) 

The certificate of citizenship in derivative cases shall not be delivered until the applicant has surrendered 

any Form I-151/I-551 he/she has in his/her possession. When the card is surrendered, the officer shall make 

the endorsement, "AR Card surrendered, mutilated and delivered for destruction of record material." All 

surrendered cards shall be destroyed as provided by AM 2117.07 (1). If the applicant claims loss, 

destruction, or non-receipt of Form I-151/I-551, he/she shall be carefully questioned to determine the validity 

of the claim, and if deemed appropriate, an investigation may be conducted. If loss, destruction, or 

nonreceipt is established, the officer shall make the notation "Loss (destruction, or non-receipt) satisfactorily 

shown" followed by date and initials on Form N-601 in the column head "Post-exam action required." (TM 

12/86) 

For approved cases processed by a remote site, a certificate of citizenship, prepared to the point of 

issuance, will be attached to the application being returned to the appropriate field office. After the applicant 

executes the oath of allegiance and signs the certificate, the certificate will be delivered personally 

immediately upon the conclusion of the examination if possible. If delivery cannot be accomplished at that 

time (especially when the examination takes place away from the field office), the signature to the certificate 

shall be obtained in blank, the oath of allegiance executed, and the certificate subsequently completed and 

delivered by mail. (TM 12/86) 

The certificate shall only be mailed to the addressee in the United States, as that term is defined in the Act. 

The envelope containing the certificate shall be marked DO NOT FORWARD--RETURN RECEIPT 

REQUESTED--DELIVER TO ADDRESSEE ONLY. Delivery of the certificate by mail shall not be attempted if 

in an individual case the possibility exists that, in spite of these restrictions, the certified article may be 

delivered to other than the addressee or to him/her at a place other than in the United States (for example, to 

the addressee's order or at an APO overseas address.) (TM 12/86) 

OI 341.11 Authorized determinations of citizenship status. 

See OI 103.7 (TM 12/86) 

OI 341.12 Officers assigned to conduct examinations. 

(TM 12/86)


The district Director's authority under 8 CFR 341.2(d) may be redelegated to the officer in charge in 

suboffice, Assistant District Director/Examinations or Supervisory Immigration Examiner, as appropriate, at 

the District Director's discretion. (TM 8/84)


OI 343 Interrogation/verification of applicant for naturalization. 

OI 343.1 

OI 343.2 

OI 343.3 

Interrogation 

Verification of naturalization 

Issuance of certificate 

OI 343.1 Interrogation. 

If form N-580 presents a prima facie case, it shall be forwarded directly to the district director, without first 

interrogating the applicant, for issuance of the appropriate certificate. Interrogation of the applicant shall 

take place, however, before the application is so forwarded, if the applicant appears in person to file the 

application or if it appears necessary to interview him in order to properly adjudicate the application. In such 

a case the officer interviewing the applicant will complete the report on page 2 of Form N-580 before 

forwarding the application. In all other cases the interview shall take place at the time of the delivery of the 

certificate, and the examiner's report shall be completed at that time. 

The interrogation of the applicant shall cover the matters upon which findings are made in the examiner's 

report on page 2 of Form N-580. If the original United States citizenship claimed falls within any of the 

classes described in section 341, the same degree of proof, including verification of entry, documents and 

witnesses to establish relationship to the person through whom citizenship is claimed, as is required in the 

proceedings under section 341, shall be required in the proceedings under section 341, shall be required of 

the applicant, unless the record clearly shows that such proof was submitted to a Service representative,m a 

naturalization court, or consular officer at the time of naturalization or repatriation. In either case a 

supplemental report showing the proof submitted to establish the original claim is based upon birth in the 

United States or naturalization, documentary proof of birth and proof or verification of the naturalization shall 

be required. 

OI 343.2 Verification of naturalization. 

The application shall not be granted without first obtaining verification of the applicant's naturalization from 

the Central Office on Form G-347. 

OI 343.3 Issuance of certificate. 

A certificate of repatriation shall be issued on Form N-581 for cases of repatriation under the Act of June 29, 

1906. A certificate of naturalization shall be issued on Form N-570 for cases of naturalization under section 

323 of the Nationality Act of 1940. Recitals in Form N-570 as to the basis for issuance shall be inserted in 

the following format in the space following in words "that (s)he": appeared before the United States District 

Court, Boston, Massachusetts, on January 112, 1974, and took the oath of renunciation and allegiance 

prescribed by the Nationality Act of 1940 and was thereby naturalized pursuant to section 323 of said Act, 

ad amended. 

There shall be inserted as the certificate number in the upper right-hand corner thereof the court and petition 

number, thus "2270-P-17025." 

Form N-582, heretofore used in section 323 cases, is hereby declared obsolete. 

(OI 343.3 revised)


OI 343a Interrogation/verification of Veterans of WW II for naturalization. 

OI 343a.1 

OI 343a.2 

OI 343a.3 

OI 343a.4 

OI 343a.5 

OI 343a.6 

OI 343a.7 

Interrogation 

Veterans of World War II 

Verification 

Name 

Certificates 

Delivery 

Return or replacement of surrendered 

certificate of naturalization of 

citizenship 

OI 343a.1 Interrogation. 

All prima facie approvable applications for replacement of naturalization or citizenship certificates will be 

removed for processing without an interview of the applicant. Those cases requiring an interview will be 

scheduled at the appropriate office and upon completion of the interrogation, the officer will complete his/her 

report on page 2 of Form N-565; the interrogation will cover the matters upon which findings can/cannot be 

made. For policy and procedures in checking Service and State Department records for possible 

expatriation, refer to OI 349.4. (TM 12/86) 

OI 343a.2 Veterans of World War II. 

If a veteran of World War II submitting Form N-565 indicates that his/her naturalization certificate was not 

delivered to him/her, and there is reason to believe that the certificate may be in the filed of the armed 

services or in the Central Office, the Form N-565 shall not be accepted but the applicant advised to 

communicate with either the Department of Army, Office of the Adjutant General, Washington, D. C. 20301, 

for his/her certificate. If the applicant fails to obtain the certificate, he/she may then execute Form N-567 

(Request for search of military or naval files for naturalization certificate) in quintuplicte. The original and 

three copies shall be sent to the Central Office, the appropriate department of the armed services will be 

requested to endorse Form N-567 and return two copies to the Central Office with the certificate. One copy 

of Form N-567 will be forwarded by the Central Office to the field office with the certificate. If the certificate 

is not found, Form N-565 may then be accepted and processed. 

OI 343a.3 Verification. 

The application shall not be granted without first obtaining verification of the filing of the declaration of 

intention, the naturalization or repatriation, or the issuance of the certificate of citizenship. If delivery of the 

certificate will be made abroad by a consular officer (see OI 343a.6), a photograph of the naturalization 

petition or of the certificate of citizenship application and a photograph of the copy of the certificate of 

naturalization or citizenship in the file shall be obtained. If the applicant's naturalization cannot be verified, 

he should be informed of that fact and that his case is being closed, subject to being reopened upon receipt 

of further information that will assist in verifying his naturalization. 

OI 343a.4 Name. 

The certificate in a changed name shall show only the "new" name, no reference being made on the 

certificate to the applicant's former name or the fact that the name was changed. When a new certificate of 

naturalization is issued in a changed name, the clerk of the naturalization court shall be notified on Form 

N-240. 

OI 343a.5 Certificates. 

(a) Form N-570. A new certificate to replace a certificate of naturalization or repatriation shall be issued on 

Form N-570 and shall be numbered to correspond to the number of the paper which it replaces. Certificates


issued to evidence naturalization which occurred prior to September 27, 1906, shall bear the "A" number 

which was assigned to the case as the file number. 

Recitals in Form N-570 as to the manner in which naturalization was obtained shall be inserted in the 

space provided after the words "that (s)he", as follows: 

(1) (Before a naturalization court): "was naturalized by the United States District Court, Chicago, Illinois, 

on January 7, 1940"; 

(2) (Before a designated representative abroad): "was naturalized by a duly designated representative of 

the Immigration and Naturalization Service at Paris, France, on January 19, 1944, pursuant to the 

authority contained in section 702 of the Nationality Act of 1940, as amended"; or 

(3) (Before a designated representative abroad): "was naturalized by the United States Consul at Paris, 

France, on May 17, 1945, pursuant to the authority contained in section 323 of the Nationality Act of 

1940, as amended", or "pursuant to the authority contained in the 12th subdivision of section 4 of the 

Act of June 29, 1906, as amended". 

If the applicant's name was changed at the time of naturalization, the reverse side of Form N-570 shall 

be endorsed: "Name changed by order of court from____________as part of the naturalization". The 

endorsement shall be authenticated by entering below it the Commissioner's signature and title, using the 

facsimile stamp for such purpose. 

Insert in the last paragraph of Form N-570, within the parenthesis, the letter "d" if the certificate is in a 

new name, or the letter "b" if the certificate replaces one lost, mutilated or destroyed. 

(b) Form N-561. A new certificate of citizenship on Form N-561 may be issued to replace a certificate of 

derivative citizenship or a certificate of citizenship issued by the Service under section 33 of the Nationality 

Act of 1940 or section 341 of the Immigration and Nationality Act, if the original certificate is lost, mutilated, 

or destroyed. 

The new certificate shall be numbered to correspond to the number of the paper it replaces. In preparing 

Form N-561, insert in the last paragraph, within the parenthesis, the letter "d" if the certificate is in a new 

name, or the letter "b" if the certificate replaces one lost, mutilated, or destroyed. 

When the new document is an "AA" certificate and the applicant acquired citizenship at birth abroad 

through one citizen parent, the other parent being an alien, and has not as yet satisfied the retention 

requirement, a notation "section 301(b)" shall be entered upon the face of certificate Form N-561 in the upper 

left hand portion immediately under the words "Application No." If it further appears that the applicant has 

never been furnished Form N-603, a notice of the requirements for retaining citizenship, such form shall be 

given him. 

(c) Certified copy of proceedings. A new certified copy of the proceedings under the Act of June 25, 1936, 

as amended, or section 324(c) of the Immigration and Nationality Act, or of a declaration of intention, or 

under the provisions of any private law shall be in the form of a certified, positive photostat of the formal 

application to the court containing the court order, or of the formal application sworn and subscribed to 

before a consul abroad, or the declaration of intention. The certification shall be made by authorized field 

officers 8 CFR 103.7 (d) from relating file, or if microfilmed, shall be obtained from the Central Office by 

memorandum request to the Chief, Records Administration Branch. Form G-347 shall not be used for this 

purpose. 

(d) Destruction of surrendered certificate. A certificate surrendered by an applicant for a replacement 

certificate shall not be retained in a Service file but shall be destroyed and recorded as destroyed in 

accordance with AM 2117. In all applications for replacement certificate cases the Examiner's Report on 

Form I-565 shall include the statement "surrendered certificate destroyed per AM 2117." 

OI 343a.6 Delivery. 

If the application is granted, the certificate shall be delivered in accordance with 8 CFR 103.5a(a)(2). The 

certificate will have an attachment affixed by the approving office indicating that the certificate will not be 

valid until properly signed by the person named on the certificate. The above mentioned attachment will be 

affixed to all certificates until a revised certificate comes into existence. If it is impracticable for a Service 

employee to make delivery, arrangements may be made to have a postmaster or clerk of court obtain the 

applicant's signature to the certificate and receipt and to make delivery. If the applicant is outside the 

United states, a Service officer stationed outside the United States may deliver the certificate (see OI


103.1(c)) if practicable, except that certificates which are to be delivered in (1) South America (except 

Venezuela); (2) areas of Asia lying to the east of the western borders of Afghanistan and Pakistan (but not 

including Hong Kong and adjacent islands, Formosa, Japan, Okinawa, Korea, and the Philippines); (3) 

Australia and New Zealand; (4) Albania, Bulgaria, Czechoslovakia, Hungary, Iceland, rumania, and USSR; (5) 

Iran, Iraq, Jordan, Saudi Arabia, United Arab Republic, Yemen, Aden, and Kuwait; and (6) Africa (except 

Egyptian region), shall be sent to the appropriate American consular officer in the area for delivery, upon the 

applicant's signed receipt therefore. If the applicant was not interviewed by a Service officer in connection 

with the application, the consular officer will conduct the interview and execute the examiner's report. The 

new certificate shall be forwarded to the consular office with the application and photographs of the petition 

and of the copy of the certificate in the file with any special instructions needed by the consular officer to 

complete delivery, e.g., surrender of a mutilated certificate. The consular officer will return the application 

and attachments to the office of origin. 

A declarant's signature is not required on a new declaration of intention and delivery may be made personally 

or by certified mail, return receipt requested. 

OI 343a.7 Return or replacement of surrendered certificate of naturalization or citizenship. 

(a) In the United States. If a person claiming to be within 8 CFR 343a.2 is in the United States, before the 

certificate is returned or replaced the office of the Service having jurisdiction over the place where the 

person is located shall make an independent determination with regard to whether he/she is now still a citizen 

of the United States. State Department and Central Office records shall be consulted under procedures 

mentioned in AM 2772.01 and the results thereof taken into consideration in connection with the adjudication 

of the question of citizenship if there is any reason to believe that in addition to residence abroad, voting, or 

physical presence abroad, as applicable, the person either before or after the Schneider or Afroyim 

decisions, or before or after the amendment of section 301(b) of the Act, respectively, may have performed 

other acts possibly regarded as expatriatory by the Service. 

Each such person shall be thoroughly interrogated by an examiner, and the examiner shall prepare a 

memorandum for the Service file setting forth what section of law as affected by the Schneider or Afroyim 

decision is involved and his/her resolution of that question, as well as the complete details regarding any 

other possible expatriatory acts performed, such as naturalization in, or taking an oath of allegiance to a 

foreign state; his/her resolution of their effect, and his/her conclusion and recommendation regarding return 

or replacement of the certificate. 

(b) Outside the United States. If a person claiming to be within 8 CFR 343a.2 is outside the United States, 

jurisdiction to determine his/her citizenship status is with the Department of State. When an American consul 

concludes that the person is now a citizen of the United States under the Schneider or Afroyim decisions or 

as a result of section 301(b), as amended October 27, 1972, P. L. 92-584, and requests that the certificate 

be forwarded for delivery to the citizenship claimant abroad and there is no information adverse to citizenship 

in the Service file, an independent adjudication of citizenship need not be made and the certificate may be 

forwarded for delivery. 

(c) Letter officially recognizing expatriation reversal. When a request to reconsider a finding of 

expatriation is made with a request for the return of a surrender certificate of naturalization or citizenship, 

and it is concluded for any reason that the previous determination of citizenship los is no longer valid and the 

person now appears to be a United States citizen, the new finding shall be communicated to the citizen by 

letter prepared along the following lines: 

Reference is made to your request for reconsideration of the previous determination that you had lost your 

United States citizenship by (manner and statute involved, and date of loss), and for return of your 

surrendered certificate of naturalization (citizenship). 

Upon the basis of your sworn statement and evidence presented, and other available information, it has 

been concluded that you did not lose United States citizenship on the date and in the manner indicated. No 

other information has been adduced showing that you lost citizenship in any other manner. 

The records of this Service are being endorsed to reflect the finding made. Please return your alien 

registration receipt card to this office for retention in the files of this Service. 

Your Certificate of Naturalization (Citizenship) No. _______ is returned herewith. 

If the situation does not involve the return of a certificate, the above specimen letter shall be amended by 

deleting the last clause of the first paragraph and the last paragraph in its entirety.


The above specimen letter shall not be used when the question of reversing an expatriation finding arises 

as an issue in formal proceedings before the Service. The reversal in a case such as a derivative or 

lost-paper one, will become a part of the proceedings, and the ultimate action on the application, amplified by 

an appropriate supplementary report for the file, will indicate that the reversal has occurred; furthermore, the 

applicant in the normal course of events will receive a document postdating the finding of citizenship loss 

and will have no need for the letter. 

(OI 343a.7(c) redesignated; formerly OI 343a.7(d))


OI 343b Special certificate of naturalization for recognition by a foreign state. 

OI 343b.1 

OI 343b.2 

OI 343b.3 

OI 343b.4 

OI 343b.5 

When special certificate required 

Certificate not deliverable in certain 

countries 

Delivery to foreign government official 

in United States 

Information required by State Department 

Numbering of special certificates 

OI 343b.1 When special certificate required. 

A request for verification of naturalization, even though it may be for the purpose of obtaining recognition as 

a citizen of the United States of the naturalized person, made directly by the Department of State, will be 

furnished that Department by letter, without requiring submission of Form M-577. 

OI 343b.2 Certificates not deliverable in certain countries. 

Delivery of special certificates cannot be made in Albania, Mongolia, North Korea, North Vietnam. An 

application relating to these areas shall be returned to the applicant with advice that delivery cannot be 

effected. 

OI 343b.3 Delivery to foreign government official in United States. 

If the applicant requests that the special certificate be delivered to a foreign government official located 

within the United States, the certificate may be issued and transmitted to the State Department. That 

Department will determine the official to whom the certificate may be delivered. 

OI 343b.4 Information required by State Department. 

Except as set forth in 8 CFR 343b.1 and when the applicant is filing a claim against a foreign government 

which may be sponsored by the United States, the applicant should be required to furnish the name and 

designation of the foreign government official to whom the certificate is to be delivered. In every case 

involving shall be obtained concerning the purpose for which the certificate is intended so that the State 

Department will be able to effect delivery of the certificate. 

In transmitting the special certificate to the State Department, it is necessary that, if known or ascertainable, 

the letter of transmittal include the following information: the exact name, official title, and address of the 

foreign government official who has requested the certificate (Item 9, Form N-577); a description of any 

property involved, and its location (Item 11, Form N-577); the court in which the applicant was naturalized 

(Item 3, Form N-577); and the applicant's former nationality. 

OI 343b.5 Numbering of special certificates. 

A special certificate of naturalization, Form N-578, shall be numbered in the upper right-hand corner to 

correspond to the applicant's certificate number. Any correspondence in the case shall bear the number of 

the official Service file.


OI 349 Loss of nationality. 

OI 349.1 

OI 349.2 

OI 349.3 

Reports of expatriation 

Japanese renunciations of nationality; 

effectivenes 

Check of Service and State Department 

OI 349.1 Reports of expatriation. 

When a final determination is made that a person who was naturalized or issued a certificate of citizenship 

has become expatriated, that decision shall promptly be reported to the Central Office in order that the clerk 

of the naturalization court may be notified and notation made in the Central office file. The report shall give 

the person's name; certificate number; date, court, and place of naturalization; and other identifying data. 

In an exclusion case, where no appeal is taken from the special inquiry officer's decision, the report shall be 

submitted immediately. Where the subject appeals, the report shall be submitted when decision has been 

rendered on appeal. 

OI 349.2 Japanese renunciations of nationality: effectiveness. 

A Japanese renunciant who applies to the Service for a privilege or right available only to a United States 

citizen, and who claims that his renunciation is void under the decision in Acheson v. Murakami (C.C.A. 9, 

1949), 176 F.2d 953, shall submit the affidavit on Form N-576 and letter to the field office of the Service in 

which the claim is pending. The field office will transmit the affidavit and letter to the Civil Division with a 

covering memorandum indicating the Service interest in the claim. The Civil Division will determine whether 

the case comes within the Murakami decision and advise the Service field office which, in turn, will determine 

the applicant's eligibility for the privilege or right sought and inform the Civil Division of its decision. 

If an applicant has previously been held to be a United States citizen under the Murakami decision, or it is 

established that he was under 21 years of age at the time of renunciation, he may be regarded as a United 

States citizen only insofar as section 401(i) is concerned without referral of the question to the Civil Division. 

OI 349.3 Check of Service and State Department records. 

(a) General. Except as stated in paragraph (b), in any case in which United States citizenship status is a 

material issue, and a United States citizen has been absent from the United States for an extended period of 

time under circumstances suggesting the possibility that expatriation may have occurred, or where other 

facts, circumstances, information, or conduct are present suggesting such possibility, both Central Office 

and Department of State records shall be checked in accordance with the instructions in AM 2772.01 before 

final adjudication of the case. 

(b) Consular reports of birth in connection with issuance of certificates of citizenship. Form N-602 is 

designed to obtain copies of documents or pertinent information from consular registration of birth files of the 

Department of State in connection with the processing and adjudication of N-600 applications for certificates 

of citizenship. The form also routinely requests any information which may be contained in such Department 

of State file bearing upon any issues of expatriation. 

Where a specific possibility of expatriation exists, either as to the subject of the consular registration, or 

to persons in the chain of title, as described in paragraph (a), reliance for expatriatory information shall not 

be based upon a Form N-602 but shall be obtained in accordance with the instructions contained in paragraph 

(a). 

(OI 349.3 redesignated; formerly OI 349.4)


OI 352 Return or replacement of surrendered certificates of naturalization or 

citizenship based upon expatriation reversal in Schneider v. Rusk. 

OI 352.1 

Return or replacement of surrendered 

certificates of naturalization or citizenship 

based upon expatriation reversal in 

Schneider v. Rusk 

OI 352.1 Return or replacement of surrendered certificates of naturalization or citizenship based upon 

expatriation reversal in Schneider V, Rusk, or Afroyim v, Rusk, or as a result of the amendment to 

section 301(b) on October 27, 1972 (P.L. 92-584) 

For policy and procedure to be followed, see 8 CFR 343a.2 and OI 343a.7


OI 392 Special classes of persons who may be naturalized:Persons who die 

while serving on active duty with the United States armed forces during certain 

periods of hostilities. 

OI 392.1 

OI 392.2 

OI 392.3 

OI 392.4 

Receipt of application 

Central Index System (CIS)Checks 

Review of application 

Request for verification of military service 

and service-connected death 

OI 392.5 Denial of N-644 

OI 392.6 

OI 392.7 

OI 392.8 

Preparation of certificate 

Delivery of certificate 

Closing procedures 

OI 392.9 Replacement of Form N-645 

OI 392.1 Receipt of application. 

Upon receipt of Form N-644, Application for Posthumous Citizenship, at the Service Center, an initial review 

should be made to ensure that the form is properly signed in accordance with the instructions, and is 

accompanied by the appropriate fee. Provided these requirements are met, the application shall be accepted 

and keyed into the appropriate electronic adjudications accounting system. A fee receipt shall then be 

issued for the transaction and mailed to the applicant. The original Form N-644 and accompanying 

documentation shall be returned to the applicant in cases where: 

(a) The form is not properly signed in accordance with the instructions, or 

(b) The form is not accompanied by the appropriate fee. 

OI 392.2 Central Index System (CIS) Checks. 

After receipting of the application, the Central Index System (CIS) will be checked to determine if an A-File 

exists relative to the deceased, or if the deceased was ever naturalized. Where there is an existing A-File, 

the application Form N-644, and any accompanying documentation must be filed therein. If there is no 

existing A-File, one shall be created. 

OI 392.3 Review of application. 

After creation or receipt of the A-File the application and supporting documents will be reviewed. Additional 

information will be requested of the applicant using Form I-797, Notice of Action, when it appears that 

additional documentation is necessary or there is missing information. The application may be denied 

(consistent with OI 393.5) at this time or after receipt of the additional information if: 

(a) The deceased was previously naturalized; 

(b) The Service has already granted the decedent posthumous citizenship based on a previous application; 

(c) The form is filed not later than March 5, 1992, or two years after the date of death of the alien or 

noncitizen national service person, whichever date is later; or 

(d) The application is not filed by an authorized requester (see 8 CFR 392(a)). 

OI 392.4 Request for verification of military service and service-connected death.


(a) After the application has been preliminarily processed and fee receipted, reviewed, and determined to be 

otherwise eligible, a copy f the application and original of any supporting documentation shall be made and 

retained in the file. The original Form N-644 and copies of supporting documents relating to the service and 

death of the decedent shall then be forwarded, until further notice, to COADN, Room 7223, at the close of 

each business day, by certified mail. 

(b) COADN will, in turn, forward Forms N-644 to the Department of Defense (DOD) for certification of 

honorable active duty military service and service-connected death, as well as verification of place of 

enlistment, reenlistment, or induction. 

(c) Form N-644 filed on behalf of a person who served in the United States Coast Guard during World War II 

or during another designated period of military hostilities shall be forwarded by COADN to the Department of 

Transportation (DOT). 

(d) After DOD and DOT have completed their action, they will return the application forms to COADN 

forwarding to the appropriate Service Center. 

(e) When received at the Service Center, the original Form N-644 shall replace the copy and be retained in 

the file, and the application shall be adjudicated. COADN shall be furnished a list of all approved cases on a 

bi-weekly basis. 

OI 392.5 Denial of N-644. 

Denials will be issued in the name of the Service Center director by letter (in accordance with 8 CFR 392.3(d)) 

stating the reasons for the denial. COADN shall be sent copies of all denials. 

OI 392.6 Preparation of certificate. 

(a) Upon approval of an application for an initial granting of posthumous citizenship or replacement 

certificate, the director of the Service Center shall prepare Form N-645, Certificate of Citizenship. The 

decedent's alien registration receipt number must be entered where indicated on the certificate. The 

Commisioner's facsimile signature shall be affixed to the certificate and the INS dry seal shall be placed on 

the left-hand side of the certificate. 

(b) Form N-645, Certificate of Citizenship, is a security document, and must be controlled and maintained as 

such. The serial number of each certificate issued shall be entered in a separate log maintained of this 

purpose. Service Center directors shall be responsible for the security of Forms N-645. 

OI 392.7 Delivery of certificate. 

The Form N-645 shall be delivered to the requester by certified mail to the address specified by the requestor 

on the application Form N-644. 

OI 392.8 Closing procedures. 

After delivery of the certificate, CIS will be updated to reflect the Certificate serial number issued, the date of 

issuance, and the location of the office issuing the certificate. Under Court location in the Naturalization 

information blocks "POST" must be entered. Codkng Form G-173 must be completed for each case (See AM 

2361.02) 

OI 392.9 Replacement of Form N-645. 

Form N-565, Application for New Naturalization of Citizenship Paper, must be submitted, with fee, to the 

Service Center having jurisdiction over the applicant;s State of residence. A person residing abroad shall 

submit the application to the Service Center that issued the original certificate.A fee receipt shall be issued 

for the transaction.

OPERATIONS INSTRUCTIONS - Gani

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