Frequently Asked Questions About BIA Accreditation and Training
How much immigration law do I need to know to qualify for initial BIA accreditation?
Case decisions issued by the BIA require candidates for accredited representative status to have a broad knowledge of immigration law and procedure. This means that you need to have an immigration law background that enables you to spot issues or remedies that may relate to services not provided by your agency. For example, even if your agency doesn't represent asylum applicants, the BIA wants to know that you have enough knowledge of immigration law to recognize when this remedy may apply to someone you counsel.
What are the training requirements for initial accreditation?
The BIA requires that applicants for initial accreditation have recently completed at least one formal training course providing an overview of immigration law. An overview training is one that covers the fundamentals of immigration law and procedure and shows how different sections of immigration law are interconnected and impact other areas of law.
Although the BIA has only specifically imposed a requirement of one formal overview training for initial accreditation, it has also addressed what issues it considers to be part of core training on immigration law. This includes routes to permanent resident status, inadmissibility grounds and waivers, the removal process and relief from removal, humanitarian remedies and naturalization, as well as practice skills including research and writing, interviewing, case management, and ethics.
If you are working for an agency or program that specializes in a particular type of service (e.g. VAWA and U visa applications), you also need to show that you have training directed to that specialty area.
Do I need to have a certain number of training hours to qualify for initial accreditation?
You do not need to show a specific number of hours of training to qualify for initial accreditation, but the BIA has stated that an application is strengthened by each extra hour of documented training. Ultimately, you need to persuade the BIA that you have a core knowledge of immigration law sufficient to represent your program's clients and to make appropriate referrals.
Do the proposed changes to BIA recognition and accreditation impact on training requirements for initial accreditation?
On September 16, 2015, the Department of Justice issued proposed regulations that address various components of the agency recognition and staff accreditation process. These proposed changes, however, do not concern training requirements for initial accreditation.
If I don't have time for a course, does CLINIC offer other types of training?
In addition to extended courses on core immigration issues, CLINIC also offers monthly webinars on specialized topics in immigration law. These 90-minute presentations can help deepen your knowledge about a particular immigration law issue and bring you up-to-date on legal developments. Recent webinars have focused on affidavits of support, international travel by LPRs, I-212 waivers, health-based inadmissibility, and family-based implications of executive action.
Is CLINIC's "Fundamentals of Immigration Law" rapid e-course an overview training that would meet the BIA training requirement?
No, this course is not the equivalent of a formal overview training on immigration law. This course is a 90-minute rapid e-course that provides a very basic orientation to core immigration law concepts and information. The course content, however, is much abbreviated and is not sufficient to support an application for accredited representative status.
Do I need any special training to qualify for full accreditation?
Full accredited representatives can represent individuals in immigration court and in appeals before the BIA. For this reason, an applicant for full accredited representative status needs to show the BIA that she or he has legal research and writing skills and training in trial and appellate advocacy. CLINIC has sponsored court skills training for non-attorney legal workers in the past and may provide this training again, depending on demand. If you are interested in a court skills training, please let us know by contacting the assigned Field Support Coordinator for your state.
Do I need to continue to get training in order to renew my accredited representative status?
Yes, we recommend that you participate in training on an ongoing basis after becoming an accredited representative. Immigration law and procedure is constantly changing, and training helps you keep abreast of these changes as well as deepen and strengthen your knowledge and your practice skills. In addition, a 2013 decision from the BIA notes that renewal requests should also provide documentation that the accredited representative has received additional formal training in immigration law since the most recent accreditation.
How can CLINIC help me get the training that will continue to develop my knowledge and skills after I am accredited?
Check CLINIC's training calendar and website to look for the courses that will provide you with training in new practice areas (e.g., waivers, removal, citizenship, crimes, humanitarian relief, and selected issues in naturalization) or deepen your knowledge of immigration law through more advanced coverage of particular immigration law issues. In addition, CLINIC's monthly webinars provide focused coverage and updates on immigration law and procedure and can also help you document your ongoing training as an accredited representative.
Whom should I contact if I have more questions about what training I should take?
If you have questions about a particular course, contact the person listed on the course flier for more information about the training content. For other general questions about training and appropriate courses to take for BIA accreditation, please contact the assigned Field Support Coordinator for your state.
How can I make sure I know about upcoming training opportunities?
Sign up to receive notifications of upcoming trainings and webinars, as well as other updates you would like to receive via email.
Please use the following chart to contact the appropiate Field Support Coordinator for your area.
|Nathaly Perez||Shaila Rahman||Helen Chen||Leya Speasmaker|
|GEORGIA||NEW HAMPSHIRE||OREGON||SOUTH DAKOTA|
|LOUISIANA||NEW YORK||WASHINGTON||NORTH DAKOTA|
|DISTRICT OF COLOMBIA||CONNECTICUT||ARIZONA||IOWA|
|U.S. VIRGIN ISLANDS||WISCONSIN||NEW MEXICO||VIRGINIA|