General

#1: If you have a question regarding the R&A program - before you reach out to OLAP for guidance, first read the FAQs on the R&A Program website. You may find your question is already answered there. You can find the FAQs here: https://www.justice.gov/eoir/recognition-and-accreditation-program. The FAQs also contain OLAP’s contact information should your question be unaddressed. If you are a CLINIC affiliate, we encourage you to contact your Field Support Coordinator with questions and requests for assistance as well.

#2: Be sure to check the R&A roster to confirm that your agency and staff’s correct information is listed. For example, you will want to confirm that the correct address information is listed on the R&A roster. You can find the R&A roster here: https://www.justice.gov/eoir/recognition-accreditation-roster-reports. If incorrect information is listed, you may notify OLAP at once as instructed at the top of the R&A roster.

#3: R&A applications can be large filings that include many documents. To best facilitate the adjudicator in processing your R&A application, utilize a table of contents (TOC) or brief cover letter itemizing the contents of your application. Additionally, it is advisable to submit your R&A application on 1-sided paper rather than 2-sided to reduce the likelihood that relevant documentation may be inadvertently overlooked when scanned and reviewed by the adjudicators.

#4: R&A applications must include proof of service to be considered complete. Remember that to properly complete the proof of service it must be dated on the last page of forms EOIR31 and EOIR31A in addition to being sent with a complete copy of the R&A applications to the USCIS district director having jurisdiction in the area your organization is located. (Both USCIS and ICE each must be served for full accreditation applications.) Importantly, OLAP will not begin processing a R&A applicant until it receives a complete application, including proper proof of service among other R&A requirements.

#5: Multiple District Directors – Some organizations may have recognized organizations or provide services across USCIS Districts. In these cases, each USCIS District Director must be provided with proof of service of the R&A application. For example, Organization A is a large non-profit intending to provide services throughout parts of the southwest, including the Atlanta, Georgia (USCIS District 8) area and the Miami (USCIS District 9) area. Organization A must provide proof of service of its R&A application to the USCIS District Directors in Districts 8 and 9.

Recognition

#6: For recognition applications, it is best to be as descriptive as possible when presenting the budget to support the immigration legal services program. This can include, but is not limited to, detailing the specific names of grants which can be used to support the immigration legal services program. Furthermore, where an organization is seeking recognition for the first time, it is helpful to detail the organization’s plan for funding its new immigration services program going forward.

#7: For recognition applications, it is best to document technical legal support arrangements in a letter or some memorandum of understanding from the person or entity providing the support. Statements pertaining to technical legal support absent supporting documentation may be afforded less weight.    

Accreditation

#8: To help satisfy the broad knowledge and experience in immigration law requirement for R&A purposes, two (2) letters supporting this requirement are required. Letters may be used to support multiple requirements, for example character fitness as well as broad knowledge in immigration law. However, at least, two (2) such letters must adequately support that the applicant has broad experience and knowledge of immigration law and practice.

#9: A fundamentals course, such as CLINIC’s Comprehensive Overview of Immigration Law (COIL) e-learning course, should provide a broad overview of immigration law. Although no longer precedential, Matter of Central California Legal Services, continues to provide helpful guidance regarding what may constitute a “fundamentals” course. See Matter of Central California Legal Services, 26 I&N Dec. 105 (BIA 2013)

#10: Remember, the new accreditation rule 8 CFR 1292.12(c) states “documentation of all relevant, formal immigration-related training” should be included to help prove knowledge and experience in immigration law. Such documentation may include training certificates as well as training agendas with proof of attendance.

#11: The purpose of full accreditation is to practice before the Executive Office of Immigration Review in court room settings. Thus, you can expect full accreditation requests will not be granted without tangible, demonstrable courtroom training and/or work experience.

Recognition Extensions

#12: Organizations must provide a declaration from its authorized officer attesting that it periodically conducts inspections of each extension location, exercises supervision and control over its accredited representatives at those offices and locations, and provides access to adequate legal resources at each extension location. Although, by the regulation, the authorized officer’s declaration is enough, it may be prudent to otherwise document and further flesh out the arrangement for inspection and supervision of extension locations.