Form EOIR-31 Request for Recognistion as Non-profit Religious, Charit

Request for Recognition of a Non-profit Religious, Charitable, Social Service, or Similar Organization - NPRM

Draft EOIR-31 NPRM Sept 2015

Request for Recognition as Non-profit Religious, Charitable, Social Service, or Similar Organization

OMB: 1125-0012

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U.S. Department of Justice
Executive Office for Immigration Review
Office of Legal Access Programs

OMB#1125-0012
Request for Recognition, Renewal of Recognition, or
Extension of Recognition of a Non-Profit Religious,
Charitable, Social Service, or Similar Organization

GENERAL INSTRUCTIONS
Please read carefully before completing and submitting your Form EOIR-31
A. When to submit a Form EOIR-31:

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New Recognition
•

Organizations must use this form (Form EOIR-31) when requesting recognition as a non-profit religious,
charitable, social service, or similar organization approved to designate a representative or
representatives to provide immigration legal services on behalf of its clients before the Department of
Homeland Security (DHS) and/or the Executive Office for Immigration Review (EOIR), which includes
the immigration courts and the Board of Immigration Appeals (BIA).

•

An organization must include with this request, a completed Form EOIR-31A for the accreditation of at
least one representative. The period of accreditation runs concurrently with the organization’s period of
recognition and must be renewed at the same time as the organization’s recognition. A separate request
for accreditation (Form EOIR-31A) must be used for each proposed representative. An organization
may file multiple requests for accreditation with this request, or it may file for accreditation of additional
representatives any time after the approval of recognition and at least one accredited representative.
Organizations with only attorneys on staff and who are not seeking accreditation of a representative are
not eligible for recognition.

Renewal of Recognition

Recognized organizations must use this form (Form EOIR-31) to renew their recognition.

•

An organization seeking renewal of recognition must also request – using a Form EOIR-31A –
accreditation or renewal of accreditation of at least one representative at the time that it seeks renewal of
recognition. Recognition and accreditations for which an organization timely seeks renewal remain
valid pending a determination on the renewal requests. Recognition and/or accreditations that are not
renewed will expire and the names of the recognized organization and/or accredited representative(s) not
renewed will be removed from the roster.

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Extension of Recognition
•

Organizations must use this form (Form EOIR-31) when seeking to extend their recognition or renew
the extension of their recognition to additional office(s) or location(s) where the organization regularly
offers immigration legal services. A request to extend recognition to additional offices may be made
when requesting recognition or at any time after recognition is approved. The name and address of the
additional sites will be included on the roster of recognized organizations after the extension is
approved. Representatives accredited at the organization’s headquarters or designated office location
may serve clients at any of the other approved offices or locations.

B. How to request new recognition, renewal of recognition, or extension of recognition:
For more information about requesting recognition,
visit the EOIR website at: http://www.justice.gov/eoir/ra.htm
Page 1 of 5

Form EOIR-31
Rev. (Month) 2015

Part 1. Organization Seeking Recognition (Headquarters or designated office for recognition
purposes)
• Provide your organization’s contact information and complete name, including any names under which
it is doing business or previously used to request recognition or accreditation. The organization’s street
address must be provided; a post office box number is not acceptable.
Part 2. Type of Recognition Sought
Indicate the type of recognition sought with this form (select one option):
New Recognition: Check this box if your organization: (1) has never requested recognition; (2)
previously requested recognition and the request was denied; or (3) was previously approved for
recognition, but had its recognition terminated. If your organization was previously denied recognition
or had its recognition terminated, please provide the date of the denial or termination.

•

Renewal of Recognition: Check this box if your organization seeks to renew its current recognition. The
period of recognition is generally valid for 3 years unless the organization has been conditionally
recognized for a period of 2 years. Recognition may remain valid during the pendency of the renewal
request, provided that the renewal request is filed on or before the expiration date. (The expiration date
can be found on the letter approving recognition of your organization.) An organization seeking renewal
with an extended office or location must complete Parts 3 and 4 of this form. An organization seeking
renewal that has had no changes to the information provided in Parts 5 through 8 of this form since the
last date of approval of recognition or extension may skip those parts and continue to Part 9.

•

Extension of Recognition: Check this box if your organization is currently recognized and you solely
seek to extend recognition to another office or location.

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•

Part 3. Request to Extend Recognition
• Check “yes” if you seek to extend your organization’s recognition from its headquarters or designated
office to another office or location where the organization regularly provides or intends to provide
immigration legal services. Provide the number of locations to which you seek to extend recognition
and continue to Part 4.
Check “no” if you do not seek to extend your organization’s recognition to another office or location.
Skip Part 4 and continue to Part 5.

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Part 4. Information about Other Offices or Locations Seeking Extension of Recognition
• For offices or locations seeking extension of recognition: provide the name (if known in the community
by a different name from the applicant organization) and contact information for the individual offices
or locations. The extended office(s) or location(s) of an organization must have a street address for
contact purposes; a post office box number is not acceptable.
•

Check the appropriate box to indicate whether the extension request is for a new extension of
recognition or a renewal of an extension of recognition. Also, indicate whether you are attaching
additional relevant information about this office or location, such as additional contact information, or a
fee schedule or supervisory structure different than the organization’s headquarters or designated office.
Attached additional sheets of paper for additional offices as needed.

•

If your organization is currently recognized and you are solely submitting this form to extend
recognition to a new location, complete Part 5 and Part 6 only if there have been changes affecting the

For more information about requesting recognition,
visit the EOIR website at: http://www.justice.gov/eoir/ra.htm
Page 2 of 5

Form EOIR-31
Rev. (Month) 2015

organization since the last approval of recognition, which were not previously reported to the Office of
Legal Access Programs (OLAP). Otherwise, continue to Part 7.
Part 5. Proof of Non-profit, Religious, Charitable, Social Service or Similar Organization
• Check the box(es) to indicate the proof you are submitting to show that the applicant organization is
established as a non-profit religious, charitable, social service, or similar organization in the United
States. A mission statement or statement of purpose by the organization must be included with this
application. Additional proof may include the organization’s constitution, charter, by-laws, articles of
incorporation, state non-profit status, or other documentation.

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Part 6. Federal Tax-exempt Status
• Check the box to indicate your organization’s federal tax-exempt status. If the organization has obtained
federal tax-exempt status, indicate the section of the Internal Revenue Code under which the
organization has tax-exempt status, and provide the Internal Revenue Service (IRS) tax determination
letter and the first page of the organization’s most recent Federal tax return. If you are unable to provide
the first page of the organization’s most recent Federal tax return, explain why an IRS tax return is not
required. If your organization is in the process of obtaining federal tax-exempt status, attach
documentation of your organization’s pending application.
Part 7. Knowledge of Immigration Law and Procedures
• Submit an organizational chart identifying the names and titles of immigration legal staff and
supervisors at your organization’s headquarters or designated office and any offices or locations seeking
extension of recognition.
Indicate whether your organization’s staff includes attorneys who are eligible to practice law and who
are members in good standing of the bar of any state, possession, territory, or commonwealth of the
United States, or of the District of Columbia. If the staff includes attorneys, attach their resumes, which
should include information regarding bar admissions, legal experience, and immigration legal training.

•

Indicate the number of accreditation requests (Forms EOIR-31A) accompanying this request and the
name(s) of the proposed representative(s). Note that all requests for new recognition or renewal of
recognition must be accompanied by at least one request for accreditation. A request for extension of
recognition may also be accompanied by a request for accreditation, but is not required for extension.
Attach resumes for each accredited representative on staff, which should include information regarding
practical legal experience and immigration legal training. For individuals seeking accreditation, provide
their resumes with the Form EOIR-31A.

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•

Indicate whether your organization has entered into agreements or made other arrangements to consult
with or receive technical support or assistance from private counsel or another recognized organization
with knowledge and experience in immigration law. Provide documentation regarding the agreements
or other arrangements.

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•

Provide a description of the immigration legal services provided by your organization and the
qualifications of your organization’s immigration legal staff to provide such services.

Part 8. List of Print and Electronic Legal Resources
• List the print and electronic legal resources available to the organization and its representatives.

Part 9. Immigration Legal Services Budget and Funding
• Indicate whether the organization’s annual immigration legal services budget demonstrates that a
substantial amount of the budget derives, or will derive, from sources other than immigration client fees,
For more information about requesting recognition,
visit the EOIR website at: http://www.justice.gov/eoir/ra.htm
Page 3 of 5

Form EOIR-31
Rev. (Month) 2015

immigration client membership dues, or immigration client donations. Attach copies of the current
annual budget and the prior year’s budget, if available. If a current budget is not available, provide the
projected budget for the coming year. The annual budget should include sources and amounts of
revenue and expenses, and a description of how the organization is funded.
•

If a substantial amount of the organization’s legal services budget is dependent on immigration client
fees, dues, or donations, the organization may request a waiver of this requirement. Such requests are
granted only in limited circumstances. If you seek a waiver, explain the reasons for the waiver request
and provide supporting documentation.

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Part 10. Fees and Fee Waivers for Low-Income and Indigent Clients
• Indicate whether the organization charges or imposes fees or membership dues on its immigration
clients, and whether the organization has fee waiver and fee-reduction polices for its immigration
clients. Attach current immigration fee schedules, lists of membership dues charged to immigration
clients, and fee waiver and fee-reduction policies for immigration clients for each location seeking
recognition.
Part 11. Renewal of Recognition
• To renew recognition, an organization must maintain the requirements for recognition and complete the
necessary parts of this form to show any changes since the last approval of recognition, or extension of
recognition, as applicable.
Submit an annual report for each year since the last approval of recognition. The annual report should
include: the types and numbers of immigration cases and applications for which it provided immigration
legal services, the accredited representatives who worked on those matters (if any), and the nature of the
services provided; the number of clients to which the organization provided services at no cost; the
amount of fees, donations, and membership dues, if any, charged or requested of immigration clients;
and the offices or locations where immigration legal services were provided.

•

Extension(s) of recognition must be renewed when the organization seeks renewal of recognition,
otherwise, the approval of extension of recognition will expire. Include all requests to renew extension
of recognition under Part 4 of this form.

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Part 12. Declaration of Authorized Officer
• An authorized officer of the requesting organization, such as the President, Executive Director or an
officer of the organization who has been designated to act on behalf of the organization in recognition
and accreditation matters, must verify the contents of the Form EOIR-31. By signing the form under
penalty of perjury, the authorized officer affirms that the form and its attachments are true, correct, and
complete. The authorized officer must also attest that the organization provides immigration legal
services primarily to low-income and indigent clients.

Part 13. Mailing Address and Proof of Service
Mailing
• Submit the completed, signed and dated Form EOIR-31, and all attachments, to:
R&A Coordinator

For more information about requesting recognition,
visit the EOIR website at: http://www.justice.gov/eoir/ra.htm
Page 4 of 5

Form EOIR-31
Rev. (Month) 2015

Office of Legal Access Programs
Executive Office for Immigration Review
5107 Leesburg Pike, Suite 1900
Falls Church, VA 22041
Proof of Service
• An exact copy of the completed Form EOIR-31 and all supporting documents must be served on the
District Director of the U.S. Citizenship and Immigration Services (USCIS) (1) in the jurisdiction where
the organization’s headquarters or designated office for recognition purposes is located, and (2) in the
jurisdiction where each extended office or location is located, if outside of the jurisdiction where the
organization’s headquarters or designated office for recognition purposes is located.
For a request for renewal of recognition, an exact copy of the form and its attachments must also be
served on the USCIS District Director in the jurisdiction where the organization’s accredited
representatives regularly represent clients, if the District Director has not already been served pursuant
to the above instruction.

•

Complete and sign the “proof of service.” The proof of service is the organization’s formal guarantee
that copies of this form and its attachments have been sent to the appropriate USCIS office(s). Every
filing – whether the recognition or accreditation request, additional supporting documents, or any other
submission to OLAP – must clearly contain a proof of service to the District Director of USCIS in the
jurisdiction where the organization is located and, if the organization is offering immigration legal
services in a different USCIS district, to that appropriate USCIS office. To identify the appropriate
USCIS office(s) for service, consult the USCIS website (http://www.uscis.gov/about-us/find-uscisoffice) or a local DHS office.

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C. Paperwork Reduction Act.
• Under the Paperwork Reduction Act, a person is not required to respond to a collection of information
unless it displays a valid OMB control number. In accordance with the Act, we try to create forms and
instructions that are accurate, can be easily understood, and which impose the least possible burden on
you to provide us with information. The estimated average time to review the form, gather necessary
materials, and assemble the attachments is 2 hours for an initial application and 3 hours (one hour for
each year) for renewal of recognition. If you have comments regarding the accuracy of this estimate, or
suggestions for making this form simpler, you can write to the Executive Office for Immigration
Review, Office of the General Counsel, 5107 Leesburg Pike, Suite 2600, Falls Church, Virginia 22041.

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D. Privacy Act Notice.
• The collection of this information is authorized by 8 U.S.C. §§ 1103, 1229a, 1362 and 8 C.F.R.
§§ 1292.11-19 in order to request recognition of a non-profit religious, charitable, social service or similar
organization. The information you provide is voluntary and will be used by EOIR employees to assess
your organization’s eligibility for recognition; however, failure to provide the requested information may
preclude consideration of your request. Pursuant to the Privacy Act, EOIR may share the information
provided with this form with others in accordance with approved routine uses. Furthermore, the
submission of this form acknowledges that an approved applicant will be subject to the disciplinary rules
and procedures at 8 C.F.R. 1003.101et seq., including, pursuant to 8 C.F.R. §§ 292.3(h)(3), 1003.108(c),
publication of the approved applicant’s name and findings of misconduct by EOIR should the applicant
be subject to public discipline by EOIR.

For more information about requesting recognition,
visit the EOIR website at: http://www.justice.gov/eoir/ra.htm
Page 5 of 5

Form EOIR-31
Rev. (Month) 2015

U.S. Department of Justice
Executive Office for Immigration Review
Office of Legal Access Programs

OMB#1125-0012
Request for New Recognition, Renewal of Recognition, or
Extension of Recognition of a Non-Profit Religious,
Charitable, Social Service, or Similar Organization

Part 1. Organization Seeking Recognition (Headquarters or designated office for recognition purposes)
Name of
organization__________________________________________________________________________________________
DBA _______________________________________________________________________________________________
Name(s) previously applied under (if any) __________________________________________________________________
Number and Street____________________________________________________________________Suite_____________
City______________________________________________________State___________________Zip Code____________

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Telephone______________________Fax___________________Email___________________________________________
Website______________________________________________________________________________________________

Part 2. Type of Recognition Sought (check one)

New recognition. Provide date of any prior denial or termination of recognition__________________(MM/DD/YYYY).
Renewal of recognition. Provide date of last approval or renewal __________________________(MM/DD/YYYY).

Extension of recognition. Provide approval date of current recognition _______________________(MM/DD/YYYY).

Part 3. Request to Extend Recognition to Other Offices or Locations

Yes. Number of additional offices or locations seeking new or renewal of recognition:________________. Go to Part 4.
No. Skip Part 4 and Go to Part 5.

Part 4. Information about Other Offices or Locations Seeking Extension of Recognition
(attach additional sheets of paper for additional sites as needed)

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Name of
Name of
organization_______________________________________ organization_____________________________________
Address___________________________________________ Address________________________________________
Suite _____________ City ___________________________ Suite _____________ City ________________________
State/Zip Code _____________________________________ State/Zip Code___________________________________

Telephone____________________Fax__________________ Telephone__________________Fax__________________

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Email_____________________________________________ Email__________________________________________
New extension
Renewal of extension
Check if additional information attached for this
location (see instructions)

New extension
Renewal of extension
Check if additional information attached for this
location (see instructions)

Part 5. Proof of Non-profit, Religious, Charitable, Social Service or Similar Organization

Indicate the documentary evidence provided with this application (see instructions and check all applicable boxes):
Mission statement

Constitution

Charter

Bylaws

Articles of Incorporation

Other ______________

Part 6. Federal Tax-exempt Status (check applicable boxes)

(1)

Form EOIR-31
Rev. Month/2015

Organization has federal tax-exempt status under section 501(c)(3) or section _____________________of the
Internal Revenue Code. (Attach an IRS tax determination letter and the first page of the last annual Federal tax
return. Otherwise provide an explanation as to why a Federal tax return is not required).
Federal tax-exempt status applied for and a determination is pending (attach supporting documentation).

Part 7. Knowledge of Immigration Law and Procedures
a. Submit organizational chart identifying names and titles of legal staff and supervisors at all locations.
b. Attorney(s) licensed in the United States and in good standing on staff:
c. Accredited representative(s) on staff:

Yes

No

Yes (If yes, attach resume(s).)

No, organization is applying for accreditation for the following:

• Number of accreditation applications (Form EOIR-31A) submitted with this recognition application: ______________
• Name(s) of applicant(s) for accreditation: ______________________________________________________________

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d. Arrangements to consult with and/or receive technical support from qualified immigration practitioners:
• Private counsel:
No
Yes (If yes, attach agreements with name(s) of private counsel and bar admission(s).)
• Another recognized organization:
No
Yes (If yes, attach agreements with other recognized organization(s).)
e. Attach a description of the immigration legal services offered by your organization and the qualifications of immigration
legal staff to provide such services. Attach supporting documentation such as resumes, formal training certificates,
letters of recommendation, or other similar information.

Part 8. List of Print and Electronic Legal Resources

Print resources: _______________________________________________________________________________________
____________________________________________________________________________________________________
Electronic resources: __________________________________________________________________________________
____________________________________________________________________________________________________
same sources

other resources: __________________________________________

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Extended locations have access to

Part 9. Immigration Legal Services Budget and Funding

A substantial amount of the Immigration legal services budget derives/will derive from sources other than client fees:
Yes
No If “no,” explain the reasons for seeking a waiver of the substantial amount requirement (attach additional
sheets of paper, if necessary):__________________________________________________________________________

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__________________________________________________________________________________________________
__________________________________________________________________________________________________
Attach copies of the organization’s budget for this year and last year, if available, itemizing sources and amount of funding.
If current and/or past budget are not available, provide a projected budget for upcoming year.

Part 10. Fees and Fee Waivers for Low-income and Indigent Clients
a. Fees charged for immigration legal services No

Yes

If yes, attach detailed fee schedules for all locations.

b. Membership dues charged

Yes

If yes, attach list of dues charged at all locations.

No

(2)

Form EOIR-31
Rev. Month/2015

c. Waiver of immigration legal fees policy

No

Yes

If yes, attach fee waiver policy for all locations.

d. Reduction of immigration legal fees policy No

Yes

If yes, attach fee reduction policy for all locations.

Part 11. Additional Requirements for Renewal of Recognition.
a. Complete Parts 5 through 8 of this form and provide the supporting documentation requested in those parts only if there
have been changes to this information since the last approval or renewal of recognition.
b. Annual reports. Submit an annual report for each year since the last date of recognition or renewal (see instructions for
details to be provided in each annual report).
Indicate which years are attached: ______________ (Year) ______________ (Year) ____________ (Year)

Part 12. Declaration of Authorized Officer

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Under penalty of perjury, I _________________________________ (print name) declare that I am the authorized officer of
_____________________________________________ (organization), that I have examined this form, including
accompanying attachments, and to the best of my knowledge and belief, it is true, correct, and complete. I also attest that the
organization (and the offices or locations to which recognition is to be extended) will provide immigration legal services
primarily to low-income and indigent clients, that the organization will supervise its accredited representatives, and that the
organization will conduct regular inspections of extended offices or locations. I consent to publication of the organization’s
name and findings of misconduct by EOIR, should the organization become subject to any public discipline by EOIR.
________________________________________________
Signature of authorized officer

___________________________________
Date

Part 13. Proof of Service on USCIS District Director(s)

I, _____________________________________ (print name), on behalf of ____________________________(organization),
mailed or

delivered a copy of this Form EOIR-31 and its attachments to the District Director(s) for USCIS of DHS

on________________________________(Day/Month/Year) at the following location(s):

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(1) _________________________________________________________________________________________________
Number and Street
City
State
Zip Code

(2) ________________________________________________________________________________________________
Number and Street
City
State
Zip Code

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(3) ________________________________________________________________________________________________
Number and Street
City
State
Zip Code

______________________________________________________
Signature

(3)

Form EOIR-31
Rev. Month/2015


File Typeapplication/pdf
AuthorDeCardona, Lisa (EOIR)
File Modified2015-09-22
File Created2015-09-22

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