Form EOIR-31 Clean 2019

Form EOIR-31_Clean_2019.pdf

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

Form EOIR-31 Clean 2019

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 New Recognition, Renewal of Recognition,
Extension of Recognition of a Non-Profit Religious,
Charitable, Social Service, or Similar Organization

INSTRUCTIONS

Purpose of Form
Initial Recognition
The Department of Justice (DOJ), through the Recognition and Accreditation (R&A) Program, may authorize a
non-profit religious, charitable, social service, or similar organization to provide immigration legal services
primarily to low-income and indigent clients through non-attorneys (“Accredited Representatives”). An
organization may request DOJ Recognition by submitting this form with supporting documentation to the Office
of Legal Access Programs (OLAP). If approved, the organization’s Accredited Representatives will be authorized
to appear on behalf of clients before the Department of Homeland Security (DHS) and, in some cases, the Executive
Office for Immigration Review (EOIR), which is comprised of the immigration courts and the Board of
Immigration Appeals (BIA). Approved organizations appear on the R&A Rosters.
An organization must simultaneously submit Form EOIR-31A to request accreditation of at least one
representative. An organization may apply for the accreditation of additional representatives at any time after
obtaining initial recognition. Approved representatives will appear on the R&A Rosters.
Renewal of Recognition
An organization must renew its recognition by submitting Form EOIR-31 prior to expiration of recognition.
Expiration dates appear on the R&A Rosters and on OLAP’s approval letter. A Recognized Organization’s
Accredited Representative(s) may continue to provide immigration legal services while a timely submitted Form
EOIR-31 is pending. If OLAP has approved an organization’s application for extension of recognition, the
expiration date of the headquarters or other designated office extends to all of the organization’s other offices. An
organization granted initial recognition must renew after two years; all other organizations must renew after six
years.
Extension of Recognition
OLAP may treat an organization with more than one location in one of two different ways:
• Extended Recognition: An organization may request extension of recognition from a designated office to its
other location(s) by submitting only one Form EOIR-31 with supporting documentation. OLAP may grant the
request if the organization establishes that the proposed extension location(s) shares joint operations,
management structure, and funding sources; has access to the same legal resources; and is periodically
inspected by the designated office. If approved, all locations will have the same recognition renewal date, and
any representative accredited to work at one location will be authorized to work at all locations, simply by
submitting one Form EOIR-31A.
•

Separate Recognition: An organization that does not qualify for extension of recognition or that chooses to
proceed separately must submit a separate Form EOIR-31 for each location. OLAP will treat each location as
an independent organization, having its own recognition renewal date. In addition, each location will have to
submit its own Forms EOIR-31A for each Accredited Representative.

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Form EOIR-31
Rev. [X] 2019

How to Complete
Part 1. Organization Information
Provide the organization’s complete name. The organization name must be a legal name that is on file with the
Secretary of State or similar agency of the state under which the organization is formed. Check the R&A Rosters to
see how your organization’s name currently appears. A Recognized Organization has the duty to promptly report
material changes to OLAP, including organization name and address changes. If your organization’s name has
changed but you have not previously reported it to OLAP, check the box provided and include a name change
certificate or similar document on file with the appropriate state authorities.
Provide the organization’s contact information. Provide both physical and mailing addresses (if different). If your
organization’s contact information has changed but you have not previously reported it to OLAP, check the box
provided.
Part 2. Type of Recognition Requested
Check the appropriate box(es) for the type(s) of recognition requested.
•

Initial Recognition: Check this box if you are an organization that:
o Has never requested recognition;
o Previously requested recognition and was disapproved; or
o Previously had recognition, which was later terminated.
If your organization is applying for initial recognition, complete Parts 1–4, 6, 8, and 9. If either the
organization or its Authorized Officer ever applied for recognition for this or any other organization, provide
the organization name(s) previously applied under. If the Department of Justice ever disapproved or terminated
the recognition of any of these organizations, provide the date(s) of disapproval or termination.

•

Renewal of Recognition: Check this box if your organization is currently recognized and your recognition
is expiring. Expiration dates may be found on the R&A Rosters or by consulting OLAP’s recognition approval
letter. Enter your organization’s recognition expiration date in the space provided.
OLAP recommends that organizations apply for renewal of recognition three months prior to expiration.
Nevertheless, an application submitted by the expiration date will be timely. An organization’s recognition will
remain valid pending OLAP’s determination. If your organization is applying for renewal of recognition,
complete Parts 1, 2, 4–6, 8, and 9.

•

Extension of Recognition: Check this box if your organization has more than one location and is seeking
extension of recognition. Provide the number of offices (excluding the designated office) for which your
organization is requesting extension of recognition. Complete Parts 1, 2, and 7–9.

Part 3. Information About Organization
• Non-Profit Status: Your organization must have currently valid non-profit status granted by the appropriate
state agency (usually from the Attorney General or Secretary of State of your state) to qualify for DOJ
Recognition. Submit a printout from this agency’s website or a contemporaneous letter from the agency,
confirming that status.
•

Organization Type: Only religious, charitable, social service, or similar organizations qualify for DOJ
Recognition. Submit proof that your organization qualifies under one of these categories, including a statement
of its mission or purpose.
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Form EOIR-31
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•

Immigration Legal Services: An organization that does not currently offer immigration legal services must
include a detailed description of the types of services it intends to provide if recognized. An organization that
does currently offer immigration legal services must provide a detailed description of the scope, nature, and
history of these services, and by whom they have been provided. An organization that intends to expand the
scope of those services if recognized must include a description of those expanded services as well.

•

Clients: The regulations require that an organization primarily serve low-income and indigent clients to
qualify for DOJ Recognition. 8 C.F.R. § 1292.11(a)(1). The documentation your organization submits, such
as the fee schedule, fee waiver and reduction policies, types of services offered, and funding sources, should
support this requirement.

•

Fees: If your organization charges fees, submit the fee schedule available to your clients and the written
policies regarding when the organization will reduce and waive fees. The fee schedule should reflect the types
of services your organization offers or intends to offer. The policies should set forth the objective criteria that
your organization will use in accommodating clients unable to pay for immigration legal services. Include a
copy of the fee waiver or reduction application your organization uses, if any.

•

Tax-Exempt Status: Only federal tax-exempt organizations are eligible for DOJ Recognition. If your
organization is tax-exempt, submit a currently valid IRS tax-exemption determination letter or alternative
documentation to establish federal tax-exempt status. If the name and address on the letter or alternative
documentation do not match the information you provided in Part 1 of this form, provide an explanation with
supporting documentation. If your organization is not currently tax-exempt, provide proof that you have
applied for this status with the IRS and submit a copy of the IRS determination letter to OLAP when received.

Part 4. Information About Organization’s Immigration Law Practice
OLAP will consider the information and documentation submitted in response to this Part to determine whether
the organization has access to adequate knowledge, information, and experience in immigration law and
procedure to warrant DOJ Recognition. The regulations require that your organization submit all of the documents
listed in this Part. 8 C.F.R. § 1292.11.
•

Budget(s): If your organization currently offers immigration legal services, submit the immigration program
budget for the current year and the prior year. The prior year’s budget should reflect actual, not projected,
performance. The budgets should describe how your organization is funded and include information about
your organization’s operating expenses and sources of revenue for providing immigration legal services.
Please be as specific as possible when itemizing each revenue source and expense type. If your organization
does not yet offer immigration legal services, submit only the proposed budget for the upcoming year,
differentiating between those funds that are expected versus currently available. Budgets should include
revenue sources and expense types only for the organization’s immigration legal services program.

•

Legal Resources: In the practice of immigration law, Recognized Organizations and their Accredited
Representatives will need to refer to legal resources such as statutes, regulations, and other immigration law
publications. List the legal resources that your organization uses or plans to use in offering immigration legal
services and whether your organization accesses these resources in print or electronic form.

•

Organizational Chart: In support of the requirement that Recognized Organizations have access to adequate
knowledge, information, and experience in all aspects of immigration law and procedure, submit an
organizational chart listing the names and titles of all immigration legal staff members, including their
supervisors. If your organization has more than one location and is applying for extension of recognition, the
organizational chart should reflect the structure of the immigration legal services program at each location.

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Form EOIR-31
Rev. [X] 2019

•

Attorney(s) on Staff: Check the appropriate box to indicate whether your organization has any immigration
attorney(s) licensed in the United States and in good standing on staff. If yes, provide a resume or other
description of each attorney’s qualifications, experience, and breadth of immigration knowledge.

•

Technical Legal Support: Check the appropriate box to indicate whether your organization has any formal
agreement(s) to consult with and/or receive technical support from private counsel, Recognized
Organizations, or other qualified sources. If yes, attach the agreement(s) as well as a description of the other
party’s qualifications, experience, and breadth of immigration knowledge. If the other party is a private
attorney, also attach his or her resume.

Part 5. Renewal of Recognition
An organization must periodically establish that it continues to meet the eligibility criteria for DOJ Recognition
by submitting a renewal application on Form EOIR-31. In addition to this form, the regulations at
8 C.F.R. § 1292.16(c)(1) require the organization to also submit the following documents:
•

Annual Summaries: These are summaries of the immigration legal services that your organization has provided
since the last approval of recognition. Submit a separate summary for each calendar year or partial calendar
year, if applicable. The contents of these annual summaries are described at 8 C.F.R. § 1292.14(b)(2) and
include information such as total number of clients served, a description of the services provided, and a
statement regarding fees charged. Please refer to the regulations and OLAP’s Frequently Asked Questions
(FAQs) for a complete list of the information required, as well as samples of annual summaries.

•

Fee Schedules: If your organization charges fees, it must submit a copy of every fee schedule that was made
available to clients during the previous recognition period. Clearly indicate at the top of each schedule the
period during which it was in use.

•

Federal Tax-Exempt Status: If your organization does not have individual federal tax-exempt status but rather
is a subordinate of a larger entity’s group ruling, provide evidence of continued tax-exempt status. For example,
this may be in the form of a current letter from a denomination’s headquarters stating that the Recognized
Organization is still included in its group ruling or the relevant pages of the most recent Official Catholic
Directory for organizations that derive their tax-exempt status from the U.S. Conference of Catholic Bishops.

The regulations at 8 C.F.R. § 1292.14(a) require that an organization promptly notify OLAP of certain changes,
including those that might affect the organization’s recognition eligibility under 8 C.F.R. § 1292.11. If your
organization has not reported these changes, please check the appropriate box and submit a description of the
relevant changes and supporting documentation.
Part 6. Information About Organization’s Accredited Representative(s)
To be eligible for initial recognition, an organization must simultaneously submit an accreditation application
(Form EOIR-31A with supporting documentation) to have at least one employee or volunteer of the organization
approved as an Accredited Representative. If the OLAP Director does not approve at least one of the accreditation
applications submitted, the organization’s recognition application cannot be approved. In the space provided,
indicate the number of accreditation applications that accompany your organization’s recognition application.
Also list the name(s) of your organization’s proposed representative(s), attaching an additional sheet if necessary.
A renewing organization should provide this information if it is concurrently submitting an accreditation
application; however, this is not a requirement for renewal of recognition.
A Recognized Organization must have at least one Accredited Representative on staff at all times, unless it is on
inactive status. If you are renewing your organization’s recognition, provide a list of names of all the Accredited
Representatives currently on staff with your organization. Attach additional sheets as necessary.
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Form EOIR-31
Rev. [X] 2019

Part 7. Extension of Recognition
As explained on page 1 of these instructions, an organization may request extension of recognition from a
designated office to its other locations. The purpose of extension of recognition is to simplify the communication
and application processes between OLAP and a qualifying organization with more than one location. If approved,
the designated office will be responsible for all recognition- and accreditation-related communications and
applications on behalf of itself and its extension office(s). Therefore, an eligible organization must show that its
designated office exercises sufficient management and control over its proposed extension office(s).
Indicate the number of offices, not including the designated office, for which the organization is seeking extension
of recognition. Provide the name and contact information for each extension office.
Attach detailed documentation that addresses the relationship between the designated office and the proposed
extension office(s) in each of the following areas:
•

Periodic Inspections: How often does the designated office inspect the extension office(s) and how do these
inspections take place?

•

Joint Operations: What types of immigration legal services does each office perform?

•

Joint Management Structure: What is the management structure for the organization as a whole and for each
office individually?

•

Joint Finances: How is the immigration legal services program at each office funded and who oversees the
finances at each office?

•

Access to Legal Resources: What legal resources does the designated office have access to, and which of
those resources can the proposed extension office(s) also access?

Part 8. Declaration of Authorized Officer
Every Recognized Organization must designate an Authorized Officer who will act on behalf of the organization
in recognition and accreditation matters. Because the Authorized Officer will serve as the sole point of contact
for OLAP, the organization must provide his or her valid email address and phone number. The Authorized
Officer need not be the President or Executive Director of the organization, but rather should be someone who is
accessible to OLAP and knowledgeable about the organization’s immigration legal services program. The
Authorized Officer is responsible for verifying the contents of the Form EOIR-31 and promptly reporting to
OLAP any material changes such as those listed in 8 C.F.R. § 1292.14(a). By signing the form under penalty of
perjury, the Authorized Officer affirms that the form and its attachments are true, correct, and complete.
Part 9. Proof of Service on USCIS District Director(s)
The organization must mail or deliver an exact copy of this form and its attachments to the U.S. Citizenship
and Immigration Services (USCIS) District Director of the district where the organization is located. If the
organization (1) has, or is applying for, extension of recognition; and (2) the designated and extension office(s)
are located in more than one USCIS district, the organization must mail or deliver an exact copy of the form and
its attachments to each applicable USCIS District Director.
The proof of service is the organization’s formal guarantee that it mailed or delivered an exact copy of this form
and its attachments to the appropriate USCIS District Director(s). OLAP’s FAQs contain more information about
how to identify the appropriate USCIS District Director(s) and how to properly complete the proof of service.
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Form EOIR-31
Rev. [X] 2019

Where to Submit
R&A Coordinator
Office of Legal Access Programs
Executive Office for Immigration Review
5107 Leesburg Pike, Suite 2500
Falls Church, VA 22041

Other R&A Resources
R&A Website: https://www.justice.gov/eoir/recognition-and-accreditation-program
R&A Rosters: https://www.justice.gov/eoir/recognition-accreditation-roster-reports
R&A FAQs: https://www.justice.gov/eoir/file/olap-ra-faqs/download
Email: [email protected]

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, EOIR tries to create forms and instructions that
are accurate, can be easily understood, and which impose the least possible burden on you. The estimated average
time to review the form, gather necessary materials, and assemble the attachments is 2 hours for an initial
application, and 7 hours (one hour for review and completion of this form, and 6 hours to provide the annual
summaries of legal services provided) 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.

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 should the
applicant be subject to public discipline.

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Form EOIR-31
Rev. [X] 2019

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

U.S. Department of Justice
Executive Office for Immigration Review
Office of Legal Access Programs
Part 1. Organization Contact Information

Organization Name ________________________________________________________________________
Check this box if your organization’s name has officially changed. See Form Instructions.
Other Name(s) Used _______________________________________________________________________________
Physical Address (where organization provides immigration legal services)
_________________________________________________________________________________________________
Number and Street
City
State
Zip Code
Mailing Address (if different than address above)
_________________________________________________________________________________________________
Number and Street
City
State
Zip Code
Telephone _____________ Email ______________________ Website _________________________________
Check this box if your organization’s contact information has changed. See Form Instructions.
Part 2. Type(s) of Recognition Requested
Initial Recognition Complete Parts 1–4, 6, 8, 9
What organization name(s) has your organization or Authorized Officer previously applied under?
__________________________________________________________________________________
Prior disapproval or termination date (if applicable): ______________
Renewal of Recognition Complete Parts 1, 2, 4–6, 8, 9
Recognition expiration date: ______________
Extension of Recognition Complete Parts 1, 2, 7–9
Number of offices for which requesting extension of recognition (excluding headquarters): _________
Part 3. Information About Organization
Does your organization have current non-profit status?

No

Yes Attach proof from appropriate state agency

Is your organization a religious, charitable, social service, or similar organization?
No
Yes Attach organizing documents, including statement of mission or purpose
Does your organization provide immigration legal services?

No

Attach description of services to be provided

Yes Attach description of services provided
Does your organization serve primarily low-income and indigent clients?
Does your organization charge fees?

No

No

Yes

Yes Attach fee schedule and fee waiver/reduction policy

Is your organization a federal tax-exempt organization?

No Attach proof of pending IRS application
Yes Attach proof of currently valid tax-exempt status

Page 1 of 3

Form EOIR-31
Rev. [X] 2019

Part 4. Information About Organization’s Immigration Law Practice
Attach the following documents:
Immigration budget for current year and prior year
Description of the legal resources to which your organization has access
Organizational chart identifying names and titles of immigration legal staff and supervisors at all locations
Does your organization have any attorney(s) licensed in the United States and in good standing on staff?
No
Yes Attach description of qualifications, experience, and breadth of immigration knowledge
Does your organization have any formal agreement(s) to consult with and/or receive technical legal support from
private counsel, Recognized Organizations, or other qualified sources?
No
Yes Attach
All agreements; and
Description of other party’s qualifications, experience, and breadth of immigration knowledge
Part 5. Renewal of Recognition
Attach the following documents:
Annual Summaries

Include one for each calendar year since last recognition

Fee Schedules

Include any versions used since last recognition

Federal Tax-Exempt Status

If your tax-exempt status is based on a larger entity’s group ruling, provide
evidence of current tax-exempt status

Has your organization experienced any changes since last being recognized that might affect your recognition
eligibility?
No
Yes
Attach description and supporting documentation
Part 6. Information About Organization’s Accredited Representative(s)
Number of accreditation applications (Form EOIR-31A) concurrently submitted, if applicable: ______________
Name(s) of applicant(s) for accreditation: ___________________________________________________
If renewing recognition, list name(s) of current Accredited Representative(s): (attach additional sheets if
necessary) ________________________________________________________________________________
Part 7. Extension of Recognition
(If more than one office, attach additional sheets of paper with the information contained below.)
Extension Office Name _______________________________________________________________________
Physical Address (where organization provides immigration legal services)
_________________________________________________________________________________________________
Number and Street
City
State
Zip Code
Mailing Address (if different than address above)
_________________________________________________________________________________________________
Number and Street
City
State
Zip Code
Telephone _____________ Email ______________________ Website _________________________________
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Form EOIR-31
Rev. [X] 2019

Attach documentation and/or a narrative that demonstrates each of the following:
Frequency with which Organization in Part 1 conducts inspections of proposed Extension Office
Joint operations
Joint management structure
Joint funding sources and financial oversight
Extension Office has access to the same legal resources as the Organization in Part 1
Part 8. Declaration of Authorized Officer
Under penalty of perjury, I attest that:
•

I am the Authorized Officer of ______________________________________________________________
(organization); see Form Instructions for who qualifies to be an Authorized Officer

•

I have examined this form, including the accompanying attachments, and to the best of my knowledge and
belief, it is true, correct, and complete;

•

The Organization and its Extension Offices, if any, will provide immigration legal services primarily to lowincome and indigent clients;

•

The Organization will conduct regular inspections of its Extension Offices, if any;

•

The Organization will supervise its Accredited Representatives at all recognized locations; and

•

I consent to the publication of the Organization’s name and findings of misconduct should the Organization
become subject to public discipline.

___________________________________________
Signature of Authorized Officer

____________________________
Date

___________________________________________
Printed Name of Authorized Officer

____________________________
Phone Number

___________________________________________
Title of Authorized Officer

____________________________
Email Address

Part 9. Proof of Service on USCIS District Director(s) (attach additional sheets of paper as necessary)
I, _____________________________________, on behalf of the organization, ____________________________
______________________________________, mailed or delivered a copy of this Form EOIR-31 and its
attachments on ______________ (month/day/year) to: ______________________________________________
USCIS District Office
_________________________________________________________________________________________________
Number and Street
City
State
Zip Code
______________________________________________
Signature

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Form EOIR-31
Rev. [X] 2019


File Typeapplication/pdf
File TitleForm EOIR-31
AuthorSergio Ramirez
File Modified2019-10-30
File Created2019-10-30

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