A verifiable record is a record, such as a certificate of completion, that permits EOIR to independently verify that the proposed accredited representative completed training that had as its purpose to impart knowledge or experience to assist with representation within the immigration system.
","sortOrder":51,"contentItemId":"4z18d90kgbrr23q3zgs65tysdw","topic":{"contentItems":[{"__typename":"faq_Topic","displayText":"Accreditation"}]}},{"displayText":"Sample List of Trainings","answer":"Please see this sample list of trainings.
","sortOrder":78,"contentItemId":"4m6tz41v70g046znh1kyrb1bd1","topic":{"contentItems":[{"__typename":"faq_Topic","displayText":"Examples"}]}},{"displayText":"Sample Annual Summaries","answer":"Please download the sample annual summaries.
","sortOrder":77,"contentItemId":"4a41tw4xgdhqr2gjcp0hx37758","topic":{"contentItems":[{"__typename":"faq_Topic","displayText":"Examples"}]}},{"displayText":"What authority do BIA decisions on recognition and accreditation have under the current rule?","answer":"Pursuant to Matter of Bay Area\r\nLegal Services, Inc., 27 I&N Dec. 837 (DIR 2020), unless overruled by\r\nsubsequent precedent or superseded by statute, regulation, or binding federal\r\ncourt decision, prior precedent decisions of the BIA remain binding in\r\nrecognition and accreditation proceedings, including consideration of requests\r\nfor reconsideration and administrative review.
","sortOrder":76,"contentItemId":"4q80ba91qe294rya9yhyhn87dp","topic":{"contentItems":[{"__typename":"faq_Topic","displayText":"Transition to Current Rule"}]}},{"displayText":"What responsibilities do Recognized Organizations have under the current rule?","answer":"As of\r\nJanuary 18, 2017, all DOJ Recognized Organizations are required to:
\r\n\r\nWhen\r\ndetermining whether an office qualifies as an extension of the headquarters,\r\nEOIR will generally ask the following questions:
\r\n\r\nTo have its\r\nextension office approved, a headquarters does not need to meet all of the\r\nfactors above; however, it should be able to meet most of the factors. EOIR\r\nwill consider a totality of the circumstances to determine if an organization’s\r\nrecognition should be extended from the headquarters to a separate office.
\r\n\r\n","sortOrder":74,"contentItemId":"4zz2sfbr8st2x7d55yg06bzgcn","topic":{"contentItems":[{"__typename":"faq_Topic","displayText":"Extension of Recognition"}]}},{"displayText":"How does an organization decide which office to designate as its headquarters when planning to seek extension of recognition?","answer":"When seeking extension of recognition, an organization should designate as its headquarters the office\r\nthat supervises the other organization’s offices. The organization should\r\nestablish that the subordinate offices have joint operations, management\r\nstructure, and funding sources with the headquarters. In addition, the\r\nheadquarters’ authorized officer must attest that they exercise supervision and control over the Accredited Representatives in the extension\r\noffices. 8 C.F.R. § 1292.15.
\r\n\r\n","sortOrder":73,"contentItemId":"49pafp3nmyfts4xd0ec95vh0mg","topic":{"contentItems":[{"__typename":"faq_Topic","displayText":"Extension of Recognition"}]}},{"displayText":"Can an Accredited Representative work in any of the extension offices of a Recognized Organization?","answer":"Yes,\r\nan Accredited Representative can work at all of the approved extension offices\r\nof the Recognized Organization.
\r\n\r\n","sortOrder":72,"contentItemId":"40drzfvkvh61xsha0apr44g8cp","topic":{"contentItems":[{"__typename":"faq_Topic","displayText":"Extension of Recognition"}]}},{"displayText":"Must a Recognized Organization with multiple approved extension offices have an Accredited Representative at each location?","answer":"No.\r\nThe organization can share Accredited Representatives among approved extension\r\noffices but must offer the services of at least one Accredited Representative\r\nat all extensions on a regular basis. However, if an extension office ever\r\nstops offering immigration legal services by Accredited Representatives\r\naltogether, the organization has a duty to promptly notify EOIR of this change\r\nso that the extension office can be removed for the R&A Rosters.
\r\n\r\n","sortOrder":71,"contentItemId":"41gyap8r4dzxmw1y8ywdg5974x","topic":{"contentItems":[{"__typename":"faq_Topic","displayText":"Extension of Recognition"}]}},{"displayText":"How does a Recognized Organization apply for an extension of recognition to one of its office locations?","answer":"To apply for extension of recognition, a Recognized\r\nOrganization must submit a Form EOIR-31, providing the requested information\r\nabout the headquarters or designated office and extension office(s). Supporting\r\ndocumentation should demonstrate that the headquarters: (1) periodically\r\nconducts inspections of extension offices, (2) exercises supervision and\r\ncontrol over its Accredited Representatives at those offices, and (3) provides\r\nadequate legal resources at those offices. Organizations should also support the\r\nrequest for extension offices by submitting documents that show joint\r\nmanagement, operations, and funding sources. 8 C.F.R. §1292.15.
\r\n\r\n
The Recognized Organization must serve the\r\nextension application packet on the USCIS\r\nDistrict Director's Office for which it is appropriate.
A\r\nRecognized Organization can apply for extension of recognition to any of its\r\noffices at any time.
\r\n\r\n","sortOrder":69,"contentItemId":"4zjy3vthydjfn7m8ezmyakmb5g","topic":{"contentItems":[{"__typename":"faq_Topic","displayText":"Extension of Recognition"}]}},{"displayText":"What is the difference between a branch and an extension?","answer":"The recognition of a branch office was available under the\r\nformer rule when an organization had more than one office location. Each branch\r\nhad to apply separately for recognition, but once a branch was recognized, an\r\nAccredited Representative of the parent organization could work out of a\r\nrecognized branch without having to apply separately for accreditation at that\r\nbranch.
The current rule handles organizations with multiple office\r\nlocations differently. An organization with multiple locations will have two\r\noptions when it applies for initial recognition or renewal of recognition:
\r\n\r\n\r\n\r\n
Recognized\r\nOrganizations that apply for the renewal of accreditation of an Accredited\r\nRepresentative must submit the following documentation as required by the regulations\r\nat 8 C.F.R. §§ 1292.16(b)(2) and (c)(2):
\r\n\r\nEOIR may request letters of\r\nrecommendation addressing the renewal applicant’s continued knowledge and\r\nexperience in immigration law.
\r\n\r\n","sortOrder":67,"contentItemId":"45qr67yekn7h710d6shj2qz7dv","topic":{"contentItems":[{"__typename":"faq_Topic","displayText":"Renewal"}]}},{"displayText":"How does an organization apply for recognition renewal while on inactive status?","answer":"A Recognized Organization is placed on inactive status when\r\nit loses its last Accredited Representative. Inactive status lasts for up to\r\ntwo years, and an inactive organization must request renewal of recognition if\r\nits renewal period occurs during this two-year period.
An organization on inactive status, like any other renewing\r\norganization, must complete the Form EOIR‑31 and provide the required\r\ndocumentation to establish that it remains eligible for recognition. However,\r\nbecause an inactive organization by definition does not have at least one\r\nAccredited Representative, it must also include an attestation that it intends\r\nto apply for the accreditation of one or more representatives within two years\r\nfrom the date of renewal. EOIR has the discretion to renew recognition of an\r\norganization on inactive status.
\r\n\r\n\r\n\r\n
An inactive Recognized Organization will become active (i.e.\r\nremoved from inactive status) once it applies for and has approved an\r\nAccredited Representative within the applicable period.
A\r\nRecognized Organization seeking renewal of recognition needs to establish that it remains\r\neligible for recognition under 8 C.F.R. § 1292.11(a). As such, the\r\norganization is required to submit the below records, specified in 8 C.F.R. § 1292.14(b)\r\nand 1292.16(c). The renewing organization should ensure that it is the\r\nsame legal entity that was originally recognized by EOIR and that its original\r\nnon-profit and tax-exempt statuses remain intact.
\r\n\r\n\r\n\r\n
In contrast, a new organization\r\nseeking initial recognition would need to supply more comprehensive\r\nsupporting documentation under 8 C.F.R. § 1292.11.
\r\n","sortOrder":65,"contentItemId":"4wqze4t5f3zp04g7kfvqxsqfdw","topic":{"contentItems":[{"__typename":"faq_Topic","displayText":"Renewal"}]}},{"displayText":"Do accreditation renewals and recognition renewals take place at the same time?","answer":"Accreditation and recognition are valid for different\r\nperiods and generally do NOT run simultaneously. Each renewal\r\napplication must be submitted on or before the date that accreditation or\r\nrecognition is due to expire.
Accreditation is valid for a three-year period. 8 C.F.R.\r\n§ 1292.12(d). Recognition is generally valid for a six-year period. 8\r\nC.F.R. § 1292.11(f).
\r\n\r\n\r\n\r\n
An organization that was initially recognized at any time\r\nbefore January 18, 2017, had to submit its first recognition renewal\r\napplication by a date defined in the regulations, but no later than\r\nJanuary 18, 2020. An organization that is initially recognized after\r\nJanuary 18, 2017, receives conditional recognition for two years and must\r\nsubmit its first recognition renewal application before the expiration of the\r\ntwo-year period. Once EOIR approves the organization’s first recognition\r\nrenewal application, the organization will remain recognized for six years,\r\nafter which it must file for renewal on or before the expiration of the\r\nsix-year period.
It depends on whether and how the multiple offices have\r\nbeen recognized.
\r\n\r\nUnder the previous\r\nregulations (before January 18, 2017), the BIA allowed Accredited\r\nRepresentatives to work out of a Recognized Organization’s recognized branch\r\noffices. An Accredited Representative that was approved by the BIA was allowed\r\nto continue working from these branch offices. Under the current regulations,\r\nthe organization must either (1) apply for extension offices so that its\r\nAccredited Representatives can work from any recognized location, or (2) apply\r\nfor each Accredited Representative separately to work at each separately\r\nrecognized location.
\r\n\r\n","sortOrder":63,"contentItemId":"4gcr5pz3w45wp7vt2qq9fva5mp","topic":{"contentItems":[{"__typename":"faq_Topic","displayText":"Accreditation"}]}},{"displayText":"Does accreditation expire?","answer":"Yes. Accreditation is valid for a period of three years from\r\nthe date of EOIR’s approval. In order to maintain valid accreditation, an\r\norganization must apply\r\nfor accreditation renewal on its representative’s behalf on or before\r\nthe three-year accreditation expiration date.
If a Recognized Organization timely submits an accreditation\r\nrenewal application, the Accredited Representative’s accreditation status\r\nremains valid pending EOIR’s determination on the application. In these cases,\r\nthe Accredited Representative can continue to file notices of appearance (Forms\r\nG-28, EOIR-27, or EOIR-28) on behalf of their clients by indicating\r\n“Renewal Application Pending” along with the last accreditation approval (or\r\nrenewal) date, if requested.
\r\n\r\n\r\n\r\n
If a Recognized Organization does not timely submit an\r\naccreditation renewal application for its Accredited Representative, EOIR will\r\nadministratively terminate the accreditation of the representative. Once\r\naccreditation expires, the individual may no longer provide legal services as\r\nan Accredited Representative. To do so would be considered the unauthorized\r\npractice of immigration law. In order to regain a representative’s\r\naccreditation after expiration, an organization must submit a new initial\r\napplication on behalf of that expired representative and wait until the\r\napplication is approved BEFORE the individual can continue\r\nproviding immigration legal services.
Accredited\r\nRepresentatives who were formerly “BIA Accredited Representatives” are now “DOJ\r\nAccredited Representatives.”
","sortOrder":61,"contentItemId":"4hbyfxpj09hsqt8tykeamr9dxf","topic":{"contentItems":[{"__typename":"faq_Topic","displayText":"Accreditation"}]}},{"displayText":"Can a Recognized Organization apply for accreditation of a representative at any time?","answer":"Yes.\r\nA Recognized Organization can apply for accreditation of a representative at\r\nany time. Accreditation is valid for three years, after which time the\r\norganization would need to apply for renewal of accreditation of the\r\nrepresentative.
\r\n\r\n","sortOrder":60,"contentItemId":"434aqf3yva3tysfk1ht2drq44b","topic":{"contentItems":[{"__typename":"faq_Topic","displayText":"Accreditation"}]}},{"displayText":"What will happen if EOIR disapproves an application for full accreditation? ","answer":"EOIR automatically treats an application for full\r\naccreditation to include an application for partial accreditation. If an\r\napplication for full accreditation does not meet the regulatory requirements,\r\nit will be considered as an application for partial accreditation. If the\r\nproposed representative meets all the requirements for partial accreditation\r\nbut not for full, they may be approved as a partially Accredited\r\nRepresentative without having to submit a new application. However, if the\r\nproposed representative is not eligible for either full or partial\r\naccreditation, then the application will be disapproved.
Yes. Pursuant to 8 C.F.R.\r\n§ 1292.1(f), as a condition of practice before EOIR, attorneys and fully\r\nAccredited Representatives must eRegister. At accreditation renewal, a fully\r\nAccredited Representative who has not eRegistered and, therefore, has not\r\npracticed before EOIR must demonstrate why full accreditation is requested and what\r\nsteps the applicant has taken to maintain necessary litigation and advocacy\r\nskills.
\r\n\r\n","sortOrder":58,"contentItemId":"4es4qh7r0ht6a7n1k3yzx717n7","topic":{"contentItems":[{"__typename":"faq_Topic","displayText":"Accreditation"}]}},{"displayText":"What additional documentation must an organization submit when applying for full accreditation of a proposed representative?","answer":"A partially Accredited\r\nRepresentative can represent clients only before USCIS, while a fully\r\nAccredited Representative is authorized to represent clients before USCIS and\r\nEOIR, which includes the immigration courts and the BIA. Because a fully\r\nAccredited Representative can appear before EOIR without attorney supervision,\r\nthe representative must possess skills essential for effective litigation in\r\naddition to meeting all of the requirements for partial accreditation. 8 C.F.R. § 1292.12(a)(6),\r\n(c). This includes a demonstration that the proposed representative is able to\r\nadvocate a client’s position by:
All initial\r\napplications for accreditation, whether for partial or full accreditation, must at least contain the required documentation for partial accreditation. In addition, an\r\ninitial application for full accreditation must also show how the proposed\r\nrepresentative has developed the litigation skills described above, whether\r\nthrough training, education, or experience. For example, an organization may\r\nsubmit:
An\r\nAccredited Representative seeking renewal of full accreditation should provide\r\na sampling of A-Numbers of clients represented before EOIR since last\r\naccredited. In the alternative, if the Accredited Representative has not\r\nrepresented clients before EOIR during the past three years, the organization\r\nshould provide an explanation as to why full accreditation is requested. In\r\naddition to this explanation, the organization should demonstrate how the\r\nrepresentative has maintained skills essential for effective litigation and\r\ncontinued to receive formal training, education, or experience related to trial\r\nand appellate advocacy. The organization may do so by providing documents such\r\nas those listed above for initial full accreditation.
\r\n\r\n","sortOrder":57,"contentItemId":"48t43x9bjsbyq4th5btajwcfdq","topic":{"contentItems":[{"__typename":"faq_Topic","displayText":"Accreditation"}]}},{"displayText":"Is a Recognized Organization required to disclose any arrest or conviction of a representative, even if it has been vacated, set aside, sealed, expunged, or otherwise removed from the record, anywhere in the world?","answer":"An organization should disclose a representative’s criminal\r\nactivity, whether or not it resulted in arrest or conviction. This includes any\r\noffense, past or present, other than juvenile offenses, even if the matter has\r\nbeen dismissed, expunged, or diverted from prosecution in some other way. While\r\nthe offense itself may not necessarily disqualify an applicant from becoming an\r\nAccredited Representative, the conduct underlying the offense may demonstrate\r\nthat the applicant is unfit to become an Accredited Representative. The\r\napplicant should submit police records, court records, or any other relevant\r\ndocumentation related to criminal charges, arrests, convictions, or activity.
\r\n\r\nPlease\r\nnote that some convictions that are deemed “serious crimes” will automatically\r\ndisqualify an individual from becoming accredited, even with a showing of\r\nrehabilitation. 8 C.F.R. § 1292.12(a)(5). Except when the\r\nrepresentative has been convicted of a serious crime, as defined in\r\n8 C.F.R. § 1003.102(h), the organization can provide documentation\r\nshowing that the representative has accepted responsibility for their actions, been rehabilitated, and/or made positive contributions to society\r\nsince the conduct.
\r\n\r\n","sortOrder":56,"contentItemId":"4sj6tw8nbbph11tckeeg37kcdf","topic":{"contentItems":[{"__typename":"faq_Topic","displayText":"Accreditation"}]}},{"displayText":"What is the character and fitness requirement and what does it require a Recognized Organization to disclose?","answer":"The character and fitness requirement seeks to ensure that\r\nAccredited Representatives are individuals whom the public can trust to provide\r\ncompetent, reliable immigration legal services. This requirement also protects\r\nthe integrity of the Recognition and Accreditation Program in accrediting\r\nindividuals that are upstanding, trusted members of their communities. Character\r\nand fitness includes, but is not limited to, factors such as criminal\r\nbackground; prior acts involving dishonesty, fraud, deceit, or\r\nmisrepresentation; past history of neglecting professional, financial, or legal\r\nobligations; and current immigration status that presents an actual or\r\nperceived conflict of interest. 8 C.F.R. § 1292.12(a)(1). If any of these or other factors apply to a representative,\r\nwhether before or during accreditation, the organization should be completely\r\nhonest and forthcoming. It is better to be overly inclusive than to omit\r\ninformation. The organization should be candid and demonstrate that the\r\nindividual is qualified to be an Accredited Representative, and should note\r\nthat EOIR has broad authority to request additional information to ensure\r\ncomplete review of this important requirement.
\r\n\r\n","sortOrder":55,"contentItemId":"477mbhkfxradnzfk1qca23w2ck","topic":{"contentItems":[{"__typename":"faq_Topic","displayText":"Accreditation"}]}},{"displayText":"What does EOIR consider in evaluating experience?","answer":"Federal regulations require that an\r\napplication for accreditation demonstrate that the proposed representative\r\npossess broad knowledge and adequate experience in immigration law and\r\nprocedure. 8 C.F.R § 1292.12(a)(6). EOIR will evaluate adequate experience\r\non a case-by-case basis, taking into account the proposed representative’s\r\nimmigration law employment history, volunteer work, shadowing, and any other\r\nhands-on immigration law background. In addition to the amount of experience an\r\nindividual has, EOIR will take into account the type of experience as well as\r\nthe supervision the individual received in the course of the immigration work. For\r\nthe purpose of an accreditation application, EOIR will not consider experience\r\nachieved while likely engaged in the unauthorized practice of law or without\r\nsupervision by a licensed attorney or Accredited Representative.
\r\n\r\n\r\n\r\nEOIR encourages all of organizations to provide as much\r\ndetail as possible about the representative’s experience in the representative’s\r\nresume, letters of recommendation, separate supervisor letters, or any other\r\ndocumentation (for example, an hourly work log).
Specific factors\r\nthat EOIR considers in evaluating experience for an initial accreditation\r\napplication include, but are not limited to:
Please\r\nbe sure to redact any third-party client information when submitting examples\r\nof work completed by the representative. For full accreditation renewal\r\napplications, EOIR may request client Registration Numbers (A-Numbers) to\r\nassess the representative’s work before the immigration courts and BIA.
\r\n\r\n
For\r\naccreditation renewal applications, EOIR will evaluate the Accredited\r\nRepresentative’s experience using the above factors and will apply those\r\nfactors to the period of accreditation from the date of last approval. Documentation\r\nof the Accredited Representative’s work can include, but is not limited to:
Accreditation\r\napplications should include a list of all relevant, formal, immigration-related\r\ntrainings taken, including the duration of each. Calculate the durations using\r\nonly time spent receiving formal instruction. Do not include hours spent in\r\nself-study, homework, test-taking, or preparation for a course. Often the\r\nduration will be reflected on a certificate of completion. If the training\r\nconsisted of multiple sessions, calculate the time spent in each relevant\r\nsession. Do not include the time spent registering, taking breaks, or eating\r\nlunch.
\r\n\r\n","sortOrder":53,"contentItemId":"4qe9wkt9e8t5z4ryvvt6jn9jc9","topic":{"contentItems":[{"__typename":"faq_Topic","displayText":"Accreditation"}]}},{"displayText":"How should an organization document the training a proposed representative has received?","answer":"An organization should provide the following information about each formal training attended by its proposed representative:
Copies of PowerPoint handouts and other similar materials should NOT be included in the application. See Sample List of Trainings for reference.\r\n
","sortOrder":52,"contentItemId":"4sfwzchk2132rvby53hsggprwm","topic":{"contentItems":[{"__typename":"faq_Topic","displayText":"Accreditation"}]}},{"displayText":"What does EOIR consider relevant, formal, immigration-related training? ","answer":"Federal regulations at 8 C.F.R. § 1292.12(c) require that\r\nAccredited Representatives document all the “relevant, formal\r\nimmigration-related training” they have taken. Proof of completion must\r\ninclude a verifiable\r\nrecord. Those seeking renewal of accreditation must likewise\r\ndemonstrate that they have continued to receive formal training in immigration\r\nlaw and procedure for each year since the last date of approval. 8 C.F.R. § 1292.16(c)(2).
Training must be relevant and should show that it is\r\n“commensurate with the services the organization provides….” 8 C.F.R.\r\n§ 1292.16(c)(2). If an organization only provides naturalization legal\r\nservices, for example, the topics covered in the trainings a representative has\r\ntaken should reflect this focus. The trainings may also cover other topics\r\nrelated to immigration law and procedure. However, when making a determination\r\non the application, EOIR may consider trainings that are not related to the\r\norganization’s stated legal services to be less relevant.
Training must also be formal. It should be preplanned rather\r\nthan impromptu and taught by a qualified instructor. The purpose of the\r\ntraining should be to educate attendees on specific aspects of immigration law\r\nand procedure. Accreditation applications, whether initial or renewal, should\r\ninclude a list\r\nof trainings attended, indicating the title of the training, the\r\nprovider’s name, date(s) and duration of the training, the names and titles of\r\npresenters, the topics covered, whether the training was attended in person or\r\nthrough other means, and whether the training was open to the public. Examples\r\nof activities that EOIR does not consider formal training are self-study,\r\ncase-review meetings, stakeholder meetings at USCIS, and volunteering at\r\nworkshops. However, these activities could be used to evaluate\r\na representative’s immigration law experience.
\r\n\r\n\r\n\r\n\r\n\r\n
Finally, training must be related to immigration law and\r\nprocedure. Trainings in non-immigration law topics or in program management\r\nalone are likely insufficient to satisfy the requirement.
A new application for accreditation must include\r\ndocumentation of all of the proposed representative’s relevant, formal,\r\nimmigration-related training. This documentation must include proof that the\r\nproposed representative completed at least one course on the fundamentals of\r\nimmigration law, procedure, and practice. 8 C.F.R. § 1292.12(c). However,\r\none course alone will rarely satisfy the broad-knowledge requirement. The\r\nsubmitted documentation must include a verifiable\r\nrecord of attendance.
\r\n\r\n
While the specific content and duration of a fundamentals\r\ncourse may vary, the curriculum should be designed to give the attendee a broad\r\noverview of immigration law as it relates to the typical clients a Recognized\r\nOrganization will see. Generally, a fundamentals course in immigration law\r\nshould cover various forms of relief before the immigration courts and DHS,\r\nsuch as naturalization, family-based petitions, grounds of inadmissibility and\r\nremovability, removal defenses, immigration consequences of crimes, and case\r\nmanagement. Courses focusing primarily on the history of U.S. immigration law\r\nand theoretical concepts will generally not satisfy the requirement without an\r\nadditional practical course or training (e.g., a law school immigration law\r\nclinic).
\n\n
The regulation on accreditation\nrefers to at least two letters describing proof of the proposed\nrepresentative’s knowledge and experience; thus, the letters must address that\nsubject, and the author must be qualified to write on that subject. 8 C.F.R. § 1292.12(c).\nThe letters should provide detailed information on the authors’ familiarity with\nthe proposed representative’s qualifications rather than just conclusory\nstatements that the proposed representative “has broad knowledge and adequate\nexperience in immigration law.” The same or different letters may also address the\nproposed representative’s character and fitness, which is helpful to support\nthat requirement.
\n\n","sortOrder":48,"contentItemId":"4gw25m2sh1msr13by3a2q1prmk","topic":{"contentItems":[{"__typename":"faq_Topic","displayText":"Accreditation"}]}},{"displayText":"What documentation is required to support an initial application for partial accreditation?","answer":"Organizations\r\nthat submit an initial application for partial accreditation of a proposed representative\r\nmust include the following documentation as required by the regulations at 8 C.F.R. § 1292.12:
\r\n\r\n\r\n\r\n
The\r\nabove documentation is also required to support an initial application for full\r\naccreditation. Organizations that seek full accreditation for a proposed\r\nrepresentative will have to submit\r\nadditional documentary requirements.
\r\n\r\n\r\n\r\n
","sortOrder":47,"contentItemId":"4nsnjk4n6pw5m2dv39s4fnxcwz","topic":{"contentItems":[{"__typename":"faq_Topic","displayText":"Accreditation"}]}},{"displayText":"What are the eligibility requirements for accreditation?","answer":"To establish an individual’s eligibility for accreditation,\nan organization must meet the requirements under the regulations at 8 C.F.R. §\n1292.12, which include demonstrating that the individual:
\n\nOnly a Recognized Organization or an organization seeking\r\nrecognition may apply for accreditation on behalf of an individual. To apply\r\nfor a representative’s accreditation, the organization must submit to EOIR\r\na Request by Organization for Accreditation or Renewal of Accreditation\r\nof Non-Attorney Representative (Form EOIR-31A). Form EOIR‑31A is\r\navailable on EOIR’s website at https://www.justice.gov/eoir/file/eoir31A/download. EOIR\r\nis currently accepting both the new and previous versions of Form\r\nEOIR-31A. The new and previous versions of the form are available on\r\nEOIR’s website at https://www.justice.gov/eoir/recognition-and-accreditation-program.
The organization should read the requirements for\r\naccreditation found in the regulation at 8 C.F.R. § 1292.12 (https://www.federalregister.gov/documents/2016/12/19/2016-29726/recognition-of-organizations-and-accreditation-of-non-attorney-representatives)\r\nand be sure to include all\r\nrequired documents in the application packet.
\r\n\r\n\r\n\r\n
All materials submitted to EOIR must be served on\r\nthe USCIS\r\nDistrict Director’s office(s) for which it is appropriate.
A representative is “accredited” when DOJ/EOIR authorizes a\r\nspecially qualified non-lawyer to represent individuals in immigration legal\r\nmatters. DOJ/EOIR will accredit non-lawyer representatives only when they work\r\nor volunteer for a Recognized\r\nOrganization but will never accredit a non-lawyer representative who\r\ntries to practice immigration law on their own. A representative’s\r\naccreditation is specific to the Recognized Organization and does not follow a representative that leaves the organization.
\r\n\r\n
There are two kinds of accreditation: “partial” and “full.”\r\nA partially Accredited Representative may represent individuals before\r\nDHS only. A fully Accredited Representative may represent individuals before\r\nboth DHS and EOIR, which includes the immigration courts and the BIA.
The first time an organization submits an application for\r\nrenewal of recognition under the current regulation, the organization should\r\nprovide a summary of immigration legal services it provided for each calendar\r\nyear, beginning on January 18, 2017. An organization that received conditional\r\nrecognition after January 18, 2017, and is seeking its first renewal,\r\nshould submit a summary of the immigration legal services it provided during\r\nits first two years of recognition. The information should be separated by year\r\nand/or partial year from the date of the application. Thereafter, once renewed,\r\norganizations must submit with their next renewal request an annual summary of\r\nimmigration legal services provided for each of the last six years since\r\nrenewal. An organization should not submit an annual summary at the end of each\r\nyear; instead, the organization should include all of the relevant annual\r\nsummaries with its recognition renewal application. See the Sample Annual Summaries for reference.
\r\n\r\n","sortOrder":43,"contentItemId":"4y45y3x6sepnnyqemveyypvtdn","topic":{"contentItems":[{"__typename":"faq_Topic","displayText":"Recognition"}]}},{"displayText":"When do the record-keeping requirements of the regulation take effect? ","answer":"The regulation’s recordkeeping requirements apply as of the effective date of January 18, 2017, not before. See 8 C.F.R. § 1292.14(b). Recognized\r\nOrganizations that pre-dated the effective date of the regulation and are\r\nsubmitting an application for renewal of recognition must include the fee\r\nschedules and annual summary of immigration legal services compiled since January 18,\r\n2017.
\r\n\r\n","sortOrder":42,"contentItemId":"4savrzz63k188wt2qchv7s47n3","topic":{"contentItems":[{"__typename":"faq_Topic","displayText":"Recognition"}]}},{"displayText":"Can an organization lose its recognition?","answer":"Yes. EOIR may terminate recognition of any organization that\r\nhas failed to maintain the qualifications required for recognition or that is\r\nsubject to disciplinary sanctions. See 8 C.F.R.\r\n§ 1292.17.
\r\n\r\n
When recognition is terminated, the organization loses its\r\nstatus as a Recognized Organization. The name of the organization and the names\r\nof any Accredited Representatives affiliated with the organization are removed\r\nfrom the R&A Rosters. The organization and its staff can no longer use DOJ\r\nRecognition or Accreditation status in community outreach, to file forms, or to\r\nenter appearances before DHS or EOIR (using Forms G-28, EOIR-27, or EOIR-28).\r\nClaiming DOJ Recognition or Accreditation status after an organization’s\r\nrecognition is terminated would be considered the unauthorized practice of\r\nimmigration law.
Conditional\nrecognition is granted to an organization that has not been previously recognized,\nhas federal tax-exempt status pending, or has been approved for recognition\nafter recognition was previously terminated. Conditional recognition is valid\nfor two years.
\n\n","sortOrder":40,"contentItemId":"43m59ktyes4065k1z3zgj1ce4e","topic":{"contentItems":[{"__typename":"faq_Topic","displayText":"Recognition"}]}},{"displayText":"Does recognition expire?","answer":"Yes. Recognition under the rule is valid for a period of six\r\nyears from the date of EOIR’s approval of recognition, unless the organization\r\nhas been granted conditional recognition, which is valid for two years. Applications\r\nfor renewal must be postmarked by the last day of the recognition\r\nperiod; however, organizations are encouraged to submit renewal applications\r\n90 days or more prior to the expiration date.
If a Recognized Organization timely submits a recognition\r\nrenewal application, the organization’s recognition status remains valid\r\npending EOIR’s determination on the application. In these cases, the\r\norganization’s Accredited Representatives can continue to represent clients.
\r\n\r\n\r\n\r\n
If a Recognized Organization does not timely submit a\r\nrecognition renewal application, EOIR will administratively terminate both the\r\norganization’s recognition and the accreditation of that organization’s\r\nrepresentatives. Once recognition expires, the organization’s Accredited\r\nRepresentatives may no longer practice immigration law. To do so would be\r\nconsidered the unauthorized practice of immigration law. In order to regain DOJ\r\nRecognition, an organization must submit a new initial application for\r\nconditional recognition as well as at least one DOJ Accreditation application\r\nand wait until the applications are approved BEFORE it may resume\r\nproviding immigration legal services through Accredited Representatives.
The authorized officer must inform EOIR of any changes in writing by U.S. mail,\r\nemail, or other delivery service to the department's official mailing address.
\r\n\r\n","sortOrder":38,"contentItemId":"4bn1pwhmgx7eh78e4dncqxck5b","topic":{"contentItems":[{"__typename":"faq_Topic","displayText":"Recognition"}]}},{"displayText":"Once an organization is recognized, does it have to report changes to EOIR? ","answer":"Yes. As a part of their responsibilities, the authorized officer of the organization must promptly report to EOIR through\r\nwritten correspondence any material changes to the information contained in its\r\napplications for recognition and accreditation. See 8 C.F.R. § 1292.14(a). Failure to promptly report material\r\nchanges could lead to administrative termination of the organization’s\r\nrecognition. See 8 C.F.R. §\r\n1292.17(b)(5).
\r\n\r\n","sortOrder":37,"contentItemId":"4m2qknrjv011f0wdqm4z0yddxz","topic":{"contentItems":[{"__typename":"faq_Topic","displayText":"Recognition"}]}},{"displayText":"Must an organization that provides immigration legal services at different office locations apply for recognition at each location?","answer":"It\r\ndepends. If an organization offers immigration legal services at an office\r\nlocation only through attorneys, the organization does not need to apply for\r\nrecognition of that location. However, if an organization seeks to offer\r\nimmigration legal services at an office location through a non-attorney, then\r\nthe organization must apply for recognition of that location and accreditation\r\nof at least one individual. If there are multiple office locations, the\r\norganization can decide to apply for recognition of the offices either\r\nseparately or jointly through an extension of the headquarters’ recognition.
\r\n\r\n","sortOrder":36,"contentItemId":"4rxqtcr6n4ysk4nkwd969qad42","topic":{"contentItems":[{"__typename":"faq_Topic","displayText":"Recognition"}]}},{"displayText":"What is inactive status, and how long does it last?","answer":"Inactive status indicates that the Recognized Organization\ndoes not currently have an Accredited Representative, although it did at one time.\nInactive status can continue for up to two years from the date the organization\nwas placed on inactive status, which is the date the organization lost its last\nAccredited Representative. This allows the organization time to apply for and\nhave approved the accreditation of one or more new representatives. The\norganization maintains its recognition while it is on inactive status; however,\nthe organization’s name and address do not appear on the Roster. Once at least one\naccreditation application is approved, the organization’s recognition is\nreturned to active status, and the organization’s name and address will appear\nagain on the Roster. See 8 C.F.R. § 1292.16(i).
\n\nIf\nan organization does not submit and have approved an accreditation application\nby the end of the two-year period of inactive status, EOIR may terminate the\norganization’s recognition. Subsequently, if the organization wanted to provide\nimmigration legal services through Accredited Representatives in the future,\nthe organization would have to first re-apply for recognition.
\n\n","sortOrder":35,"contentItemId":"4vv23ant80r2psdnv9c9qjc04q","topic":{"contentItems":[{"__typename":"faq_Topic","displayText":"Recognition"}]}},{"displayText":"What happens if a Recognized Organization loses its Accredited Representative?","answer":"The\r\nregulations require Recognized Organizations to promptly notify EOIR of\r\nmaterial changes, including changes in personnel of Accredited Representatives.\r\nIf all of the Accredited Representatives leave a Recognized Organization, the\r\norganization will be placed on inactive status and will not appear on the\r\nRoster. A Recognized Organization that loses all of its accredited staff is\r\nprecluded from offering immigration legal services unless the organization also\r\nhas an attorney on staff.
\r\n\r\n","sortOrder":34,"contentItemId":"48691ky3csyr311v7s84093b54","topic":{"contentItems":[{"__typename":"faq_Topic","displayText":"Recognition"}]}},{"displayText":"Can an organization still be recognized if it only has an attorney on staff but no Accredited Representative?","answer":"It depends. The purpose of recognition is to allow organizations\r\nto provide legal representation to low-income or indigent individuals through\r\nnon-attorney Accredited Representatives, whether or not the organization has\r\nattorneys on staff. An organization that is offering immigration legal services\r\nby attorneys only does not need DOJ Recognition because the attorneys are\r\nalready authorized to practice immigration law.
If an organization is applying for initial recognition, it\r\nmust simultaneously apply for the accreditation of at least one employee or\r\nvolunteer who qualifies for accreditation and who will be providing services on\r\nbehalf of the organization. EOIR will not consider applications for initial\r\nrecognition that do not have an accompanying application for accreditation.
\r\n\r\n\r\n\r\n
If a Recognized Organization applies for renewal of\r\nrecognition but no longer has an Accredited Representative on staff, the\r\norganization will be placed on inactive status for up to two years as of the\r\ndate the last Accredited Representative left the organization. See 8 C.F.R.\r\n§ 1292.16(i). EOIR may still approve an application for renewal of\r\nrecognition of a Recognized Organization that is on inactive\r\nstatus.
\r\n\r\n","sortOrder":33,"contentItemId":"48w7q742hes9svkny21t031k4y","topic":{"contentItems":[{"__typename":"faq_Topic","displayText":"Recognition"}]}},{"displayText":"How does an organization show that its staff has adequate knowledge, information, and experience?","answer":"
To show that its staff has adequate knowledge, information,\nand experience, an organization must submit:
\n\nYes,\nbut the organization must declare and document that it serves primarily\nlow-income and indigent clients. As the organization must be non-profit and\nfederally tax-exempt to be recognized, the documents showing the organization’s\nfee schedules, revenue, and budget will be reviewed by EOIR. The current rule\nalso requires proof of organizational policies regarding fee waivers or reduced\nfees based on financial need. The prior restrictions under the old rule about nominal\nfees/charges are no longer applicable for the R&A Program. Nevertheless,\nthe organization’s fee structure must be geared toward making immigration legal\nservices available to primarily low-income and indigent clients.
\n\n","sortOrder":31,"contentItemId":"4dt40wgxze8011r46fy6t8rexp","topic":{"contentItems":[{"__typename":"faq_Topic","displayText":"Recognition"}]}},{"displayText":"How does an organization show that it primarily serves low-income and indigent clients?","answer":"Under 8 C.F.R. § 1292.11(b), an organization must\r\nsubmit:
\r\n\r\nThe\r\norganization may also submit additional documentation to demonstrate service to\r\nprimarily low-income and indigent individuals, such as reports prepared for\r\nfunders or information about other free or low-cost immigration-related\r\nservices that it provides (e.g., educational or outreach events).
\r\n\r\n","sortOrder":30,"contentItemId":"48n1qdbfmeqpdr51z6tfyega5m","topic":{"contentItems":[{"__typename":"faq_Topic","displayText":"Recognition"}]}},{"displayText":"How does an organization show its non-profit status?","answer":"An\norganization should submit paperwork evidencing that its non-profit status is currently\nvalid with its state Secretary of State or similar agency. It is insufficient\nfor the organization to submit documentation of its non-profit status at the\ntime of incorporation, unless the organization incorporated within the last\nyear.
\n\n","sortOrder":29,"contentItemId":"48mz6z36kbagkwe2tyqsg8z4x6","topic":{"contentItems":[{"__typename":"faq_Topic","displayText":"Recognition"}]}},{"displayText":"May a project obtain initial or renewal of recognition using its fiscal sponsor’s federal tax-exempt status?","answer":"No, an organization requesting\nrecognition must meet each eligibility requirement listed at 8 C.F.R.\n§ 1292.11. Two or more different entities may not join forces to meet all\nof the requirements among themselves. One of the eligibility criteria is that\nan applicant organization must be a\nfederal tax-exempt organization (as opposed to merely having federal tax-exempt status). A project may not use a fiscal sponsor’s\nfederal tax-exempt status to apply for recognition. The organization that is\nproviding the immigration legal services must meet each requirement by itself,\nincluding being federally tax-exempt. 8 C.F.R. § 1292.11(a)(2).
\n\n","sortOrder":28,"contentItemId":"4qft732tyby2ftvx544g1k8fx3","topic":{"contentItems":[{"__typename":"faq_Topic","displayText":"Recognition"}]}},{"displayText":"How does an organization demonstrate that it is federally tax exempt?","answer":"The regulations provide that proof of federal\ntax-exempt status can consist of a currently valid IRS tax-exemption\ndetermination letter, alternative documentation to establish IRS tax exemption,\nor proof that the organization has applied for tax-exempt status. 8 C.F.R. § 1292.11(d).\nThe rule provides for alternative documentation because it acknowledges that\nsome alternative service models may exist that can be eligible to apply for recognition. For example, DOJ/EOIR\nhas recognized some government entities such as libraries and schools as\nalternative service models that are tax-exempt.
","sortOrder":27,"contentItemId":"45g7x21m3k65jzgf0kde17xbc1","topic":{"contentItems":[{"__typename":"faq_Topic","displayText":"Recognition"}]}},{"displayText":"How does an organization demonstrate its religious, charitable, social service, or similar mission?","answer":"An\norganization must submit a copy of its organizing documents and include a\nstatement showing its religious, charitable, social service, or similar\nmission. See 8 C.F.R. § 1292.11(b). An\norganization may also want to provide letters of recommendation from community\nmembers, particularly letters showing the organization’s involvement in and\ncommitment to the community it serves and the quality of its services.
\n\n","sortOrder":26,"contentItemId":"4zt7p5ktcsg1e3vy5bryc96dm9","topic":{"contentItems":[{"__typename":"faq_Topic","displayText":"Recognition"}]}},{"displayText":"What kind of budget should an organization submit with its application for recognition?","answer":"The rule\nrequires an organization to supply its annual budget for providing immigration\nlegal services for the current and past year. A budget should include\ninformation about the organization’s operating expenses and its sources of\nrevenue. If the budgets for the current and past years are unavailable because\nthe organization did not offer immigration legal services during those years,\nthe organization must supply a projected annual budget for the upcoming year. See 8 C.F.R. § 1292.11(c). A\nbudget should be sufficiently detailed and include:
\n\nIf the organization is part of a\nlarger organization with varied services, the immigration legal services budget\nshould be separated out of the annual budget of the larger organization.
\n\n","sortOrder":25,"contentItemId":"4pxwtjecw2t96tn2pe1enczvmk","topic":{"contentItems":[{"__typename":"faq_Topic","displayText":"Recognition"}]}},{"displayText":"What documentation is required to support an initial application for recognition?","answer":"An\r\norganization seeking initial recognition must submit the following\r\ndocumentation as required by the regulations at 8 C.F.R. § 1292.11:
\r\n\r\nTo be eligible for initial recognition, an organization must\nmeet the requirements described at 8 C.F.R. § 1292.11, including:
A non-profit organization interested in obtaining\r\nrecognition must apply with EOIR and be approved. To apply for recognition, the\r\norganization must submit a Request for New\r\nRecognition, Renewal of Recognition, or Extension of Recognition of a\r\nNon-Profit Religious, Charitable, Social Service, or Similar Organization\r\n(Form EOIR-31). Form EOIR‑31 is available on EOIR’s website at https://www.justice.gov/eoir/file/eoir31/download. EOIR is currently accepting both the new and previous versions of Form EOIR-31. The new and previous versions of the form are available on EOIR’s website at https://www.justice.gov/eoir/recognition-and-accreditation-program.
The organization should also read the requirements for recognition found in the\r\nregulation at 8 C.F.R. § 1292.11 (https://www.federalregister.gov/documents/2016/12/19/2016-29726/recognition-of-organizations-and-accreditation-of-non-attorney-representatives)\r\nand be sure to include all required documents in the application packet.
\r\n\r\nAll documents submitted to EOIR must be served on the USCIS District Director office(s) for which it is appropriate.
\r\n\r\n","sortOrder":22,"contentItemId":"4r3vw7bc6sjgs6ays90765845q","topic":{"contentItems":[{"__typename":"faq_Topic","displayText":"Recognition"}]}},{"displayText":"If DOJ recognizes an organization, does that mean that the organization provides better immigration legal services than other, non-recognized organizations? ","answer":"DOJ Recognition of an\norganization does not constitute an endorsement of the organization by DOJ/EOIR\nbut rather indicates that the organization is qualified to provide immigration\nlegal services through non-attorney staff members or volunteers in accordance\nwith federal regulations. Organizations that provide services only through\nattorneys cannot apply for DOJ Recognition because those organizations are\nalready authorized to practice immigration law. An organization’s lack of DOJ\nRecognition should not be construed as a comment on the legitimacy of any\nservices provided.
","sortOrder":21,"contentItemId":"49ph698sa3vg63zydfjr4831wt","topic":{"contentItems":[{"__typename":"faq_Topic","displayText":"Recognition"}]}},{"displayText":"What is a Recognized Organization?","answer":"An\r\norganization is “recognized” when DOJ/EOIR gives a non-profit organization in\r\nthe United States permission to practice immigration law through Accredited\r\nRepresentatives before DHS only (partial accreditation) or before DHS\r\nand EOIR (full accreditation). EOIR includes the immigration courts and the\r\nBIA. By regulation, a non-profit, federally tax-exempt, religious, charitable,\r\nsocial service, or similar organization established in the United States that\r\nhas been approved for recognition is called a DOJ Recognized Organization.
\r\n\r\n
\r\nAn organization that seeks to practice immigration law solely through attorneys\r\ndoes NOT need to be recognized because attorneys are\r\nauthorized to appear before DHS and EOIR without DOJ Recognition or\r\nAccreditation.
Best Practices
\r\n\r\n
\r\nCommon Deficiencies that Will Slow Down the Determination Process
An organization may\r\nrequest administrative review if EOIR (1) either disapproved an application for\r\ninitial recognition or accreditation, disapproved an application for renewal of\r\nrecognition or accreditation, or terminated recognition or accreditation; and\r\n(2) denied the organization’s request for reconsideration. The request must be either\r\nsent by email to R-A-Info@usdoj.gov or\r\nby mail or shipping service to the official mailing address, in writing, and postmarked within\r\n10 days of the date of the letter denying reconsideration. 8 C.F.R.\r\n§ 1292.18(a)(1). EOIR will accept digital and electronic signatures on all\r\napplications submitted through the R&A Program, regardless of method of\r\nsubmission to EOIR. The resulting digital or electronic signature must clearly\r\ndisplay the signer’s name or a reproduction of the signer’s handwritten\r\nsignature. The signature should also include a printed (i.e., handwritten in\r\nprint or typed) version of the signer’s name below or adjacent to the signature\r\nif it is not provided in the digital or electronic signature itself. EOIR will\r\naccept electronically-reproduced copies of documents containing digital, electronic,\r\nor “wet” signatures. EOIR will also continue to accept original documents\r\ncontaining wet signatures. Submitters must maintain original copies of all\r\ndocuments submitted by email and be prepared to produce them for EOIR upon the\r\nagency’s request. Upon receipt, the request for administrative review will be\r\nforwarded to the office of the EOIR Director. The EOIR Director or any officer\r\nwithin EOIR whom the Director delegates other than the Assistant Director for\r\nPolicy (or the Assistant Director for Policy’s delegate) will review the\r\napplication. The organization should not submit any new material with the\r\nrequest for administrative review. Rather, the request should point out any\r\nspecific factual and/or legal error(s) the organization believes the Assistant\r\nDirector for Policy (or the Assistant Director for Policy’s delegate) has made\r\nand contain an explanation, as necessary. The EOIR Director will not consider\r\nnew information submitted with a request for administrative review but may\r\nrequest additional filings from the organization, in the Director’s discretion.\r\nWhere the EOIR denial of reconsideration involves the renewal of an\r\norganization’s recognition or a representative’s accreditation, the recognition\r\nor accreditation will remain valid pending the administrative review process.
\r\n\r\n\r\n\r\nPlease\r\nnote that requests for administrative review fall under the purview of the EOIR\r\nDirector and not the Office of Policy. As such, once a request for\r\nadministrative review has been made and the request forwarded to the EOIR\r\nDirector, neither OLAP nor the Assistant Director for Policy can provide any\r\nstatus updates or other information about the pending request.
\r\n\r\n","sortOrder":18,"contentItemId":"4kh8r3xda8c4ysb75yzm7074wb","topic":{"contentItems":[{"__typename":"faq_Topic","displayText":"Application Process"}]}},{"displayText":"What is a Request for Reconsideration?","answer":"If\r\nan organization believes that EOIR has made a factual and/or legal error in\r\ndisapproving an application for recognition or accreditation, or in terminating\r\nrecognition or accreditation, the organization may request that EOIR reconsider\r\nthe decision. 8 C.F.R. §§ 1292.13(e), 1292.16(f), 1292.17(d). The\r\nrequest must be mailed to the official mailing address, in writing,\r\nand postmarked within 30 days of the date on the disapproval or\r\ntermination letter. The organization should not submit any new material with\r\nthe request for reconsideration. Rather, the request should point out the\r\nspecific factual and/or legal error(s) the organization believes EOIR has made\r\nand contain an explanation, as necessary. Matter\r\nof Bay Area Legal Services, Inc., 27 I&N Dec. 837 (DIR 2020). If\r\nthe organization would like to submit new information, it should do so with a\r\nnew application. EOIR will not consider new information submitted with a\r\nrequest for reconsideration. Where the EOIR determination\r\ndisapproves the renewal of an organization’s recognition or a representative’s\r\naccreditation, the recognition or accreditation will remain valid pending the\r\nreconsideration process.
\r\n\r\n","sortOrder":17,"contentItemId":"4bwns39a4vz8z3jehx5azs8vm5","topic":{"contentItems":[{"__typename":"faq_Topic","displayText":"Application Process"}]}},{"displayText":"What is the consequence of an organization receiving a recommendation from USCIS, whether for or against approval of an R&A application? ","answer":"USCIS\r\nis a valued partner in EOIR’s R&A process. The regulations at 8 C.F.R.\r\n§ 1292.13(b) allow USCIS 30 days from service of an organization’s\r\napplication to submit a recommendation to EOIR. USCIS may recommend approval or\r\ndisapproval of an R&A application. A USCIS recommendation, either for or\r\nagainst approval, is not the final determination on a pending R&A\r\napplication. Rather, EOIR will take the recommendation into account but make an\r\nindependent decision based on the requirements of the regulation.
\r\n\r\n\r\n\r\nIn the case of an unfavorable\r\nrecommendation, an organization has 30 days from receipt of the recommendation\r\nto submit a response to EOIR. The organization must also submit proof of service of the response on the USCIS office that provided the recommendation.\r\nBefore\r\nmaking a final determination on the application, EOIR will examine the\r\nunfavorable recommendation and consider whether the organization’s response\r\naddresses the points raised by USCIS.
\r\n\r\n","sortOrder":16,"contentItemId":"4gn7r88qxg5fn6g463ky1f3nw4","topic":{"contentItems":[{"__typename":"faq_Topic","displayText":"Application Process"}]}},{"displayText":"What is EOIR’s determination process? ","answer":"When EOIR receives an application for recognition or\naccreditation, it reviews all of the documentation in the application packet,\nas well as the recommendation letter from USCIS, if any, and issues a written determination\non each application. EOIR mails copies of the determination letter to the\norganization and the relevant USCIS District Office(s). If EOIR approves an\napplication, the name(s) of the Recognized Organization and/or Accredited\nRepresentative(s) will be added to the R&A Rosters.
\n\n","sortOrder":15,"contentItemId":"480yrwasr89we40dfg3r3g83db","topic":{"contentItems":[{"__typename":"faq_Topic","displayText":"Application Process"}]}},{"displayText":"Once an organization submits an application, how long does it take USCIS to respond","answer":"An organization must provide USCIS a copy of the application\r\nit submitted to EOIR. When USCIS receives the application, USCIS has 30 days to\r\nreview it and respond with a recommendation. If USCIS submits an unfavorable\r\nrecommendation, the organization has 30 days to respond. Both USCIS and\r\nthe organization are able to request an extension of time to submit a\r\nrecommendation or response, though neither extension is automatic.
\r\n\r\n
The existing deadline stands unless EOIR grants the\r\nextension. If EOIR grants an extension, it is generally not for more than an\r\nadditional 30 days. Longer periods may be requested, but EOIR will not grant a\r\nlonger extension request unless the reason is persuasive.
The District Director’s email address can be found on USCIS’s webpage. Enter the organization’s zip code into the USCIS District Office Finder at the bottom of the page. The tool will provide the email address where the application package and documentation must be sent. Organizations should submit an electronic copy of the application packet to the email address for the appropriate USCIS District Office and direct the email to the attention of the District Director; organizations should not send a copy of the application packet via postal mail as well. [See example below]
[image]R&A_FAQ/example_uscis_district_office_finder_v2.jpg[/image]
An\r\norganization must email a copy of its complete application packet to the USCIS\r\nDistrict Director in the jurisdiction where the organization’s headquarters is\r\nlocated and to the USCIS District Office(s) where immigration legal services\r\nwill be rendered, if that is a different USCIS District. For example, if an\r\norganization’s headquarters is in Dallas, TX, but the immigration legal\r\nservices office is in San Antonio, TX, the organization must send copies of the\r\ncomplete application packet to both the Dallas District Office and the San\r\nAntonio District Office.
\r\n\r\n","sortOrder":12,"contentItemId":"41s5phbftd7j35g3nwfwkpsgxm","topic":{"contentItems":[{"__typename":"faq_Topic","displayText":"Application Process"}]}},{"displayText":"What is a proof of service?","answer":"In this context, a “proof of service” (or a “certificate of\r\nservice”) is an organization’s formal guarantee that it has sent an exact copy\r\nof its submission by email to the appropriate USCIS District Office(s). USCIS has the\r\nsame obligation to the organization when it provides EOIR any documentation in\r\nresponse to the organization’s application. Every submission related to an\r\napplication for recognition or accreditation, whether an application,\r\nsupporting documentation, recommendation, extension request, response to a\r\nrecommendation, or other formal submission, must contain a proof of service.
The proof of service is located in Part 9 of the\r\nrecognition application (Part 12 in the previous version), Form EOIR-31\r\nand Part 5 (part 7 in the previous version) of the accreditation application,\r\nForm EOIR-31A. An organization should make sure to complete, date, and sign\r\nthese sections, indicating which USCIS District Office(s) have been served. An\r\norganization is not required to serve USCIS in routine correspondence with\r\nEOIR, such as reporting changes as required under 8 C.F.R. § 1292.14(a).
\r\n\r\n\r\n\r\n
Below is an example of a properly completed proof of\r\nservice.
[image]R&A_FAQ/example_proof_of_service.jpg[/image]
Organizations should send their complete\r\noriginal applications and supporting documentation to the R&A Coordinator\r\nby email to R-A-Info@usdoj.gov, or they can\r\nsend these by mail or shipping service to the official mailing address. EOIR will\r\naccept digital and electronic signatures on all applications submitted through\r\nthe R&A Program, regardless of method of submission to EOIR. The resulting\r\ndigital or electronic signature must clearly display the signer’s name or a\r\nreproduction of the signer’s handwritten signature. The signature should also\r\ninclude a printed (i.e., handwritten in print or typed) version of the signer’s\r\nname below or adjacent to the signature if it is not provided in the digital or\r\nelectronic signature itself. EOIR will accept electronically-reproduced copies\r\nof documents containing digital, electronic, or “wet” signatures. EOIR will\r\nalso continue to accept original documents containing wet signatures.\r\nSubmitters must maintain original copies of all documents submitted by email\r\nand be prepared to produce them for EOIR upon the agency’s request.
\r\n\r\nAn\r\norganization must serve exact copies of the application and any supplemental\r\ninformation on the appropriate USCIS District Office(s). The organization must also\r\nprovide EOIR with proof of service on the correct USCIS District Office.
\r\n\r\n","sortOrder":10,"contentItemId":"48tmcftdysqh25tas55vygpw5h","topic":{"contentItems":[{"__typename":"faq_Topic","displayText":"Application Process"}]}},{"displayText":"Is there a fee to apply for recognition or accreditation?","answer":"No,\r\nthere is no fee to apply for recognition or accreditation. An organization must\r\nuse Form EOIR‑31 to apply for recognition and Form EOIR‑31A to apply for\r\naccreditation of a representative. At this time, EOIR will continue to accept both the new and previous versions of Forms EOIR-31 and EOIR-31A. The new and previous versions of the forms are available on EOIR’s website\r\nat https://www.justice.gov/eoir/recognition-and-accreditation-program.\r\n
\r\n\r\n","sortOrder":9,"contentItemId":"43k8xz47ajsj724y1vd0qwaxd3","topic":{"contentItems":[{"__typename":"faq_Topic","displayText":"Application Process"}]}},{"displayText":"What is EOIR’s contact information for the R&A Program?","answer":"Email: R-A-Info@usdoj.gov
\r\n\r\n\r\n\r\n
Mail: R&A Coordinator
\r\n\r\nOffice of Legal Access Programs
\r\n\r\nOffice of Policy
\r\n\r\nExecutive Office for Immigration Review
\r\n\r\n5107 Leesburg Pike, Suite 2500
\r\n\r\nFalls Church, VA 22041
\r\n\r\n\r\n\r\n
Phone\r\nNumber: 703-305-9029
\r\n\r\nFax Number: 703-305-9884
\r\n\r\n\r\n\r\n","sortOrder":8,"contentItemId":"4s5v724r488v6x2y23devhtk5m","topic":{"contentItems":[{"__typename":"faq_Topic","displayText":"General"}]}},{"displayText":"Where does EOIR provide information on the R&A Program?","answer":"
EOIR’s\r\nwebsite has additional information on the R&A Program, including links to\r\nthe required forms, the relevant regulations, and the R&A Rosters. The\r\nwebsite is available at https://www.justice.gov/eoir/recognition-and-accreditation-program.\r\n
\r\n\r\n","sortOrder":7,"contentItemId":"4m1yp4jqdkwaztb0arx03mwg5h","topic":{"contentItems":[{"__typename":"faq_Topic","displayText":"General"}]}},{"displayText":"Can the authorized officer and an Accredited Representative be the same person for a Recognized Organization?","answer":"Yes, it is possible for an Accredited\nRepresentative to be the authorized officer. The Accredited Representative that\nassumes the role of the authorized officer must be at a sufficient level of\nauthority within the organization to act on its behalf by completing\napplications and certifying the truth of the contents of the applications. See 8 C.F.R. § 1292.11(a)(5). In\nthe event the authorized officer is an Accredited Representative or a proposed\nrepresentative, this same person would complete and sign both declarations as\nauthorized officer and proposed representative in Part 3 and Part 4 of Form\nEOIR‑31A.
\n\n","sortOrder":6,"contentItemId":"4avwkney35zc03t0es0ky2zgn4","topic":{"contentItems":[{"__typename":"faq_Topic","displayText":"General"}]}},{"displayText":"What are the authorized officer’s responsibilities?","answer":"The authorized\r\nofficer applies for recognition on behalf of the organization and for the\r\naccreditation of the organization’s representatives. The authorized officer must review and\r\naffirm the truth of all information and supporting documents provided with the applications\r\nfor recognition and/or accreditation. For example, the authorized officer\r\nshould make sure that:
\r\n\r\nThe authorized\r\nofficer also has the duty to report to EOIR, through the Office of Policy,\r\npromptly and in writing, any material changes in the organization or to the\r\nstatus of its Accredited Representatives, including alterations to:
\r\n\r\nSee 8\r\nC.F.R. § 1292.14(a). With respect to identifying a change in the designation of\r\nthe authorized officer, a designated authorized officer who still works with\r\nthe organization should notify EOIR in writing of the new authorized\r\nofficer. If the designated officer no longer works with the organization, the\r\nExecutive Director should notify EOIR in writing of the new authorized officer.\r\nIf the authorized officer will be out of the office for an extended period of\r\ntime (e.g., on vacation, on sabbatical, on medical leave, etc.), the authorized\r\nofficer should notify EOIR in writing prior to the planned departure with the name\r\nand contact information for the temporary replacement.
\r\n\r\n","sortOrder":5,"contentItemId":"4ac84b3s2zb08xjhq4bfajkdw8","topic":{"contentItems":[{"__typename":"faq_Topic","displayText":"General"}]}},{"displayText":"Who is an authorized officer?","answer":"In order to qualify for recognition, an organization must have an authorized officer. 8 C.F.R. § 1292.11(a)(5). An authorized officer is someone who has authority to speak and act on behalf of the organization in matters related to the R&A Program. The authorized officer need not be in the highest position of authority at the organization but should be someone who is familiar with the organization’s immigration services and is accessible to speak to EOIR on an as-needed basis. Each organization will have one authorized officer who will be the principal point of contact for all recognition and accreditation matters. Even an organization that has multiple extension offices should only have one authorized officer who is familiar with the full extent of the organization’s immigration services.
DOJ Recognized Organizations and Accredited Representatives must adhere to certain eligibility criteria and professional conduct rules. The following regulations contain a non-exhaustive list of these criteria and rules:\r\n
| Eligibility Criteria | Professional Conduct Rules | |
| Recognized Organizations: | 8 C.F.R. § 1292.11 | 8 C.F.R. § 1003.110(b) |
| Accredited Representatives: | 8 C.F.R. § 1292.12 | 8 C.F.R. § 1003.102 |
If you believe a Recognized Organization or Accredited Representative has engaged in misconduct, you should contact the entities listed below, depending on whether the alleged misconduct occurred before the U.S. Citizenship and Immigration Services (USCIS) or before EOIR and whether alleged fraud was involved.
For complaints about practice before USCIS:
DHS Disciplinary Counsel
11411 East Jefferson Ave.
Detroit, MI 48214
DisciplinaryCounsel@uscis.dhs.gov
For complaints about practice before EOIR:
Submit Form EOIR-44 (https://www.justice.gov/eoir/file/eoir44/download) to:
Office of the General Counsel
Attn: Disciplinary Counsel
Executive Office for Immigration Review
5107 Leesburg Pike, Suite 2600
Falls Church, VA 22041
For complaints about possible fraud:
Contact the EOIR Fraud Abuse Prevention Program at:
Hotline: 1-877-388-3840
EOIR.Fraud.Program@usdoj.gov
See https://www.justice.gov/eoir/submit-complaint for more information.
Please include as much information and supporting documentation as possible with your complaint.
If you believe that a DOJ Recognized Organization or Accredited Representative no longer qualifies for recognition or accreditation or if you have other concerns about the conduct of a DOJ Recognized Organization or Accredited Representative, you may email R-A-Info@usdoj.gov. Alternatively, you may mail your complaint to:
R&A Coordinator
Office of Legal Access Programs
Office of Policy
Executive Office for Immigration Review
5107 Leesburg Pike, Suite 2500
Falls Church, VA 22041
Please include as much information and supporting documentation as possible with your complaint.
DOJ Recognized Organizations and Accredited Representatives are listed alphabetically on the Roster of Recognized Organizations and Accredited Representatives (Roster), which can be found at: https://www.justice.gov/eoir/recognition-accreditation-roster-reports. The Roster includes the names and addresses of active Recognized Organizations and the names of their Accredited Representatives.
The Roster also identifies the type of accreditation for each representative. An Accredited Representative who received partial accreditation has the designation “DHS only” after their name, which indicates that the representative is only authorized to represent clients before the Department of Homeland Security (DHS). An Accredited Representative who received full accreditation is authorized to represent clients before DHS and the Executive Office for Immigration Review (EOIR) (the immigration courts and the Board of Immigration Appeals (BIA)) and has no added designation after their name.
\n\n
The federal regulations at 8 C.F.R. §§\n1292.11 to 1292.20 govern the Recognition & Accreditation (R&A) Program.\nAt the direction of the Assistant Director for Policy, the Office of Legal\nAccess Programs (OLAP) administers the R&A Program.
\n\n","sortOrder":1,"contentItemId":"4yphzdvh9y47axqk13rbenkwdq","topic":{"contentItems":[{"__typename":"faq_Topic","displayText":"General"}]}}]},"topics":{"topic":[{"contentItemId":"49hw0wds4bfcrsn6y3ghst3n43","displayText":"Examples","faqs":{"contentItemIds":["4a41tw4xgdhqr2gjcp0hx37758","4m6tz41v70g046znh1kyrb1bd1"]}},{"contentItemId":"47camnf11q4jvtf3s9dtmz845c","displayText":"Transition to Current Rule","faqs":{"contentItemIds":["46e1nbdem6gkvvhmx103c12qct","4q80ba91qe294rya9yhyhn87dp"]}},{"contentItemId":"42myt5btat60c6kwr4875ezyn6","displayText":"Extension of Recognition","faqs":{"contentItemIds":["4bn1h4yck1788rzvf9efdqngdz","4zjy3vthydjfn7m8ezmyakmb5g","4smg8vfvt38q3wqm4w8cxe7f4d","41gyap8r4dzxmw1y8ywdg5974x","40drzfvkvh61xsha0apr44g8cp","49pafp3nmyfts4xd0ec95vh0mg","4zz2sfbr8st2x7d55yg06bzgcn"]}},{"contentItemId":"4dtafy6tvza2jt2varn857wgcb","displayText":"Accreditation","faqs":{"contentItemIds":["4b6ehgjn91hr3xqb1tqkd12144","42ab66xxzh0etst71khvttmydt","4dkwtpbpp1zqv195grvmvdvbd8","4nsnjk4n6pw5m2dv39s4fnxcwz","4gw25m2sh1msr13by3a2q1prmk","48pye0fxqqzb93y7ehge3z015m","4pgwap0gg9kfzzctdmsn29s9x0","4z18d90kgbrr23q3zgs65tysdw","4sfwzchk2132rvby53hsggprwm","4qe9wkt9e8t5z4ryvvt6jn9jc9","44ygq491q9v87ttg1sgegtexmg","477mbhkfxradnzfk1qca23w2ck","4sj6tw8nbbph11tckeeg37kcdf","48t43x9bjsbyq4th5btajwcfdq","4es4qh7r0ht6a7n1k3yzx717n7","4ww8hmgaxwsts6m38nnjmsa5cq","434aqf3yva3tysfk1ht2drq44b","4hbyfxpj09hsqt8tykeamr9dxf","49es010jyj61x3q98r4wzk5xm5","4gcr5pz3w45wp7vt2qq9fva5mp"]}},{"contentItemId":"4wfz51p55yshexeb7r5ec50ndy","displayText":"Recognition","faqs":{"contentItemIds":["4csw0m7jbx29d7n2ywa4gmnrnf","49ph698sa3vg63zydfjr4831wt","4r3vw7bc6sjgs6ays90765845q","4f3bnh0wsx4ag6h9d5rky9tpc4","49gemp5a3hrz1vqa6v14aqean3","4pxwtjecw2t96tn2pe1enczvmk","4zt7p5ktcsg1e3vy5bryc96dm9","45g7x21m3k65jzgf0kde17xbc1","4qft732tyby2ftvx544g1k8fx3","48mz6z36kbagkwe2tyqsg8z4x6","48n1qdbfmeqpdr51z6tfyega5m","4dt40wgxze8011r46fy6t8rexp","4a7nftkre274gvc10wm62yn2c4","48w7q742hes9svkny21t031k4y","48691ky3csyr311v7s84093b54","4vv23ant80r2psdnv9c9qjc04q","4rxqtcr6n4ysk4nkwd969qad42","4m2qknrjv011f0wdqm4z0yddxz","4bn1pwhmgx7eh78e4dncqxck5b","4y08v5a4my6r2w4rt8mcg0snw9","43m59ktyes4065k1z3zgj1ce4e","4x6dvscr3jmqt6s5rerk00x3ne","4savrzz63k188wt2qchv7s47n3","4y45y3x6sepnnyqemveyypvtdn"]}},{"contentItemId":"4613hrzqrat5csewyn2exv7enq","displayText":"Renewal","faqs":{"contentItemIds":["4w8y62hwvm67n50hmby013hhnb","4wqze4t5f3zp04g7kfvqxsqfdw","49gc8kre3zbrzsj349f03gsbxp","45qr67yekn7h710d6shj2qz7dv"]}},{"contentItemId":"4tcrgcb4ccfb816kcn39e123c2","displayText":"Application Process","faqs":{"contentItemIds":["43k8xz47ajsj724y1vd0qwaxd3","48tmcftdysqh25tas55vygpw5h","47b4582nkmsfk2nw4dtkxhex5h","41s5phbftd7j35g3nwfwkpsgxm","49xr6cqc4bxq0syzhccxgv42n2","4e38z98xje1z51bxmskx4ertmv","480yrwasr89we40dfg3r3g83db","4gn7r88qxg5fn6g463ky1f3nw4","4bwns39a4vz8z3jehx5azs8vm5","4kh8r3xda8c4ysb75yzm7074wb","4fc5jz2sc1b3k4vsnfy99bhwns"]}},{"contentItemId":"4j02r3qkgp1acw3xf3f5mpn35a","displayText":"General","faqs":{"contentItemIds":["4yphzdvh9y47axqk13rbenkwdq","4hd606ar9q1nvrcsw9b4k7864q","4pxv3rm2d4bnezztzzt5tw0yc3","4mgxjdak15by7ybdeb4vv3nrch","4ac84b3s2zb08xjhq4bfajkdw8","4avwkney35zc03t0es0ky2zgn4","4m1yp4jqdkwaztb0arx03mwg5h","4s5v724r488v6x2y23devhtk5m"]}}]}}}