ICYMI: USCIS Issues Policy Alert on Applying Discretion in USCIS Adjudications

USIS issued a policy alert noting that it is consolidating existing policy guidance in the USCIS Policy Manual regarding officers’ application of discretion in adjudications of certain benefit requests, including applications for employment authorization or for lawful permanent residence. The guidance supersedes any related prior guidance on the topic. The deadline to submit comments is August 14, 2020.

Policy Highlights

• Provides an overview and general goals of the discretionary analysis, including the appropriate scope of discretion.
• Provides non-exhaustive lists of discretionary factors that officers should consider on a case-by-case basis.
• Explains how officers should generally weigh factors in a given case and properly document the discretionary determination.
• Explains that the ultimate decision to grant discretionary employment authorization depends on the facts and circumstances of each individual case.

Related Resources

• AILA Joins Joint Comment Opposing Changes to USCIS Policy Manual Involving Application of Discretion
• AILA and the Council Submit Comments Opposing Changes to USCIS Policy Manual Involving Application of Discretion
• Practice Alert: The Application of Discretion in USCIS Adjudications
• USCIS Issues Guidance on Discretionary Employment Authorization for Parolees