Form EOIR-31 Marked Changes 2019

Form EOIR-31_Marked Changes_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 Marked Changes 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

GENERAL INSTRUCTIONS
Please read carefully before completing and submitting Form EOIR-31

A. When to submit a Form EOIR-31:
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 Executive Office for Immigration
Review (EOIR) (i.e., the immigration courts and the Board of Immigration Appeals (BIA)) and the
Department of Homeland Security (DHS), or before DHS only. Approved applicants will appear on the
roster of recognized organizations maintained by EOIR’s Office of Legal Access Programs.

•

Organizations must use a different form, Form EOIR-31A, to request accreditation of a representative to
provide immigration legal services on behalf of its clients before EOIR and DHS, or before DHS only.
A separate request for accreditation (Form EOIR-31A) is required for each proposed representative. An
organization must file at least one request for accreditation at the same time that it is applying for new
recognition. Organizations may file for accreditation of additional representatives any time after approval
of recognition. Approved applicants will appear on the roster of accredited representatives maintained
by EOIR’s Office of Legal Access Programs.

Renewal of Recognition
•

Recognized organizations must use this form (Form EOIR-31) when seeking to renew recognition.
o Organizations recognized by the Office of Legal Access Programs after January 17, 2017.
Organizations conditionally recognized must renew two (2) years after the initial approval of
recognition; all other organizations must renew six (6) years after the last approval of renewal of
recognition unless otherwise specified below. To determine when your organization should
request renewal, check the recognition approval letter from OLAP or the Roster of Recognized
Organizations and Accredited Representatives to determine the expiration date of recognition.
o Organizations recognized by the Board of Immigration Appeals prior to January 17, 2017, the
effective date of the rule amending the requirements for recognition and accreditation, must
initially renew recognition at different time periods: 1-year, 2-years, or 3-years after the effective
date, based on the following criteria:

For more information about requesting recognition,
visit the EOIR website at: http://www.justice.gov/eoir/ra.htm
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Form EOIR-31
Rev. Jan. 2017

o For organizations without an accredited representative on January 17, 2017 – organizations must
seek renewal within 1-year of January 17, 2017
o For organizations that were recognized more than 10 years prior to January 17, 2017 –
organizations must seek renewal within 2-years of January 17, 2017
o For organizations that were recognized less than 10 years prior to January 17, 2017 –
organizations must seek renewal within 3-years of January 17, 2017
•

For headquarters or designated office with extension(s) to branch offices that are approved by OLAP
under 8 CFR § 1292.15, the headquarters or designated office’s recognition approval date is the date that
triggers the renewal requirements for all offices. For example, the headquarters or designated office of
an organization was recognized more than 10 years prior to January 17, 2017, but branch offices of the
organization were separately recognized five (5) and three (3) years prior to that date. For the headquarters
and the branch offices to remain recognized, the organization must apply for renewal of recognition
within two (2) years of January 17, 2017. The organization may also seek extension of its recognition
to additional offices or locations at that time.
Extension of Recognition

•

Organizations requesting recognition and currently recognized organizations must use this form (Form
EOIR-31) when seeking to extend or renew extension of recognition from the organization’s
headquarters or designated office to any other office or location where the organization regularly offers
immigration legal services. The name and address of the extended locations will be included on the
roster of recognized organizations once 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. Where to submit a Form EOIR-31:
R&A Coordinator
Office of Legal Access Programs
Executive Office for Immigration Review
5107 Leesburg Pike, Suite 1900
Falls Church, VA 22041
C. How to request new recognition, renewal of recognition, or extension of recognition:
Part 1.
•

Provide the organization’s complete name, including any other names under which it is doing business
or that it previously used to request recognition or accreditation. Also, provide the organization’s
contact information. The organization’s physical location (street address) must be provided; a post
office box number is not acceptable.

Part 2.
For more information about requesting recognition,
visit the EOIR website at: http://www.justice.gov/eoir/ra.htm
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Form EOIR-31
Rev. Jan. 2017

Only choose one of the following items to show what action you are requesting with this form:
•

New Recognition: Check this box if you are an organization which: (1) has never requested recognition;
(2) previously requested recognition and the request was disapproved; or (3) previously had been
approved for recognition and then the organization’s recognition was terminated. If the organization
previously had its request for recognition disapproved or its recognition terminated, please provide the
date of the disapproval or termination.

•

Renewal of Recognition: Check this box if you are an organization which is currently recognized and
seeking to renew your recognition.
o An organization seeking renewal that has no extended office or location and has had no changes
to the information provided in Part 5 through Part 8 of this form since the last date of approval of
recognition may skip those parts and continue to Part 9.
o An organization that has had changes to the information provided in Part 5 through Part 8 of this
form since the last date of approval of recognition must update those parts of the form.
o An organization seeking renewal with an extended office or location must complete Part 3 and
Part 4 of this form. Such an organization must also complete and update Part 5 through Part 8 of
the form, unless the organization has had no changes to the information provided in Part 5
through Part 8 since the last date of approval of recognition or extension of recognition, whichever
is later.

•

Extension of Recognition: Check this box if you are currently a recognized organization and you are
only seeking to extend recognition to another office or location. (If you are a new organization applying
for recognition or a currently recognized organization and you are seeking renewal, you do not need to
check this box.)

Part 3.
•

Check the “yes” box if you are seeking to extend the organization’s recognition from its headquarters or
designated office to another office or location where the organization regularly provides immigration
legal services. Provide the number of locations to which you are seeking to extend recognition and
continue to Part 4.

•

Check the “no” box if you are not seeking to extend the organization’s recognition to another office or
location. Skip Part 4 and continue to Part 5.

Part 4.
•

Provide the name (if it is known in the community under a different name from the applicant
organization) and contact information about individual offices or locations to which the organization is
seeking to extend recognition. 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.

For more information about requesting recognition,
visit the EOIR website at: http://www.justice.gov/eoir/ra.htm
Page 3 of 7

Form EOIR-31
Rev. Jan. 2017

•

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 there is additional relevant
information about this office or location, such as other contact information or a fee schedule or
supervisory structure different than the organization’s headquarters or designated office. Provide this
information on additional sheets of paper.

•

Attach additional sheets of paper (or copy Part 4 of this form), if you seek to extend recognition to more
than one office or location.

•

If your organization is currently recognized and 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 organization since
the last approval of recognition, which have not been previously reported to OLAP. Otherwise, continue
to Part 7.

Part 5.
•

Check the box(es) to indicate the proof submitted with the request to show that the applicant
organization is established as a non-profit religious, charitable social service or similar organization in
the United States. PLEASE NOTE: A mission statement or statement of purpose of the organization
must be included. Additional proof may include the organization’s constitution, charter, by-laws,
articles of incorporation, state non-profit status, or other documentation.

Part 6.
•

Check the box to show that the organization has obtained or is in the process of obtaining federal taxexempt status and attach supporting documentation. If the organization is in the process of obtaining
federal tax-exempt status, the organization must attach documentation to show that the organization
applied for tax-exempt status and the determination is pending.

Part 7.
The information and documentation requested under Parts 7 and 8 will be considered to ascertain whether
the organization has adequate knowledge, information, and experience in immigration and nationality law,
practice, and procedure.
•

Submit an organizational chart identifying the names and titles of immigration legal staff and
supervisors at the organization’s headquarters or designated office and any offices or locations seeking
extension of recognition.

•

Indicate whether the 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. Attach the attorneys’ resumes, which must include information
regarding bar admissions, legal experience, and immigration legal training.

•

Indicate whether the organization has any currently approved accredited representatives on staff. If
applicable, indicate the number of accreditation requests (Form EOIR-31A) accompanying this form and
the name(s) of the applicant(s) for accreditation. All requests for new recognition must be accompanied

For more information about requesting recognition,
visit the EOIR website at: http://www.justice.gov/eoir/ra.htm
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Form EOIR-31
Rev. Jan. 2017

by at least one request for accreditation. A request for renewal of recognition or extension of recognition
may be accompanied by a request for accreditation.
•

If applicable, indicate whether the organization has any arrangements to receive technical support from
private counsel, other recognized organizations, or other persons or entities. Describe the arrangements
and attach the relevant documentation outline the arrangements.

•

Provide a description of the immigration legal services provided by the organization and describe the
qualifications for the organization’s immigration legal staff to provide such services if not readily
apparent from the resumes and documentation already included with the application.

Part 8.
•

List the print and electronic legal resources available to the organization and its representatives.

Part 9.
•

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.

•

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 policies for immigration clients at
all locations seeking recognition.

•

Attach supporting documentation, such as: fee schedules, fee reduction/waiver policy or guidance,
reports for funders or information about other free or low-cost immigration services provided (i.e.
educational or outreach activities,), or other relevant documents.

Part 10. Renewal of recognition (skip to section D if not seeking renewal of recognition):
•

To renew recognition, an organization must maintain the requirements for recognition and complete the
necessary parts of this form to show changes since the last approval of recognition, or extension of
recognition, as applicable. For example, an organization that has its tax-exempt status determination
pending at the time of approval of recognition must provide its final determination letter.

•

Provide a summary of legal services provided for each year since last recognition (but not for any year
prior to January 17, 2017) and a list of the offices or locations where the immigration legal services were
provided. The summary should include information such as: the total number of clients served (which
includes intakes, applications prepared and filed before USCIS, cases appeared in before the
immigration courts and the Board, or referred to other attorneys or organizations) and the number of
clients to which it provided services at no cost; a general description of the immigration legal services
and any immigration-related services provided, such as educational or outreach events conducted, and
whether services were provided pro bono or clients were charged in accordance with a fee schedule and
organization policies or guidance. Do not provide any client-specific or client-identifying information in
the summary. Submit fee schedule(s) and fee reduction/waiver policy or guidance, if any, for each year
since the last approval of recognition only if different than those provided since last recognition.

For more information about requesting recognition,
visit the EOIR website at: http://www.justice.gov/eoir/ra.htm
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Form EOIR-31
Rev. Jan. 2017

•

Indicate whether the organization does not have a currently accredited representative on staff and is on
inactive status or seeks inactive status.

•

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

D. Who must verify the contents of Form EOIR-31:
•

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.

•

Provide contact information for the authorized officer in the event there are any questions related to the
application.

E. Who must be sent a copy of Form EOIR-31 and its attachments:
•

The organization must send an exact copy of the form and its attachments to the District Director(s) of
the U.S. Citizenship and Immigration Services (USCIS) where the organization is located and where
it offers or intends to offer immigration legal services. If the organization has offices or locations
for which it is seeking extension of recognition or for which it has received extension of recognition
that are outside the USCIS district of the organization’s headquarters or designated office, the
organization must send an exact copy of the form and its attachments to the USCIS District Director(s)
covered by those offices or locations.

•

For a request for renewal of recognition, an exact copy of the form and its attachments must also be sent
the USCIS District Director(s) in the jurisdiction(s) where the organization’s accredited
representatives regularly represent clients, if not already served according 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 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 offering immigration legal services in a different
USCIS district, to that USCIS office. To identify the appropriate USCIS offices, the organization should
consult the USCIS website (http://www.uscis.gov/about-us/find-uscis-office) or a local DHS office.

F. 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

For more information about requesting recognition,
visit the EOIR website at: http://www.justice.gov/eoir/ra.htm
Page 6 of 7

Form EOIR-31
Rev. Jan. 2017

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.
G. 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.

For more information about requesting recognition,
visit the EOIR website at: http://www.justice.gov/eoir/ra.htm
Page 7 of 7

Form EOIR-31
Rev. Jan. 2017

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)
Organization Name
Other Name(s)

Name(s) previously applied under

Number and Street

Suite

City

State

Telephone

Fax

Zip

Code

Email

Website

Part 2. Type of Recognition Sought (check one)

New recognition (or organization previously had recognition disapproved or terminated on

)
(Month/Day/Year)

Renewal of recognition. Date of last approval or renewal of recognition:
(Month/Day/Year)
Extension of recognition. Approval date of current recognition:
(Month/Day/Year)

Part 3. Extension of Recognition to Other Offices or Locations
Yes. Number of offices or locations seeking new or renewal extension 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, if seeking to extend to more than one location)
If organization is known in the community under a different name at this office or location than stated above in part 1,
provide name.
Organization Name
Number and Street
City
Telephone

State
Fax

Suite
Zip Code

Email

New extension
Renewal of extension
Check this box if you have additional relevant information regarding this office or location, such as other contact
information, or a fee schedule or supervisory structure different than the organization’s headquarters or designated
office (attach additional sheets of paper to describe).
Page 1 of 4

Form EOIR-31
Rev. Jan. 2017

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

Required Proof:

Mission Statement/Statement of Purpose

Optional Proof:

Constitution

Charter

Bylaws

Articles of Incorporation

Other

Part 6. Federal Tax-exempt Status (check applicable boxes)
Organization has federal tax-exempt status under section 501(c)(3) or section
Revenue Code

of the Internal

IRS tax determination letter and first page of last annual IRS information return is attached
OR
Alternative documentation to establish federal tax-exempt status is attached
Federal tax-exempt status applied for and a determination is pending; supporting documentation is attached

Part 7. Knowledge of Immigration Law and Procedures
a. Attach 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, attach resume(s)

No

• If applicable, provide number of accreditation applications (Form EOIR-31A) submitted with this recognition
application:
• Name(s) of applicant(s) for accreditation:
d. If applicable, describe any arrangements to consult with and/or receive technical support from qualified immigration
practitioners:
• Private counsel:

No

Yes, attach all agreements with name(s) of private counsel and bar admission(s)

• Another recognized organization:
• Other:

No

No

Yes, attach all agreements with other recognized organizations

Yes, explain:

e. Describe immigration legal services offered and qualifications of immigration legal staff to provide such services. Attach
supporting documentation such as resumes, training certificates, letters of recommendation, or other similar information.

Page 2 of 4

Form EOIR-31
Rev. Jan. 2017

Part 8. List of Print and Electronic Legal Resources
Print resources:

Electronic resources:
Extended locations have access to

Part 9.

same sources

other resources (please describe):

Provides Services Primarily to Low-Income and Indigent clients

Organization must provide immigration legal services primarily to low-income and indigent clients, and if charging fees,
organization must have a policy or guidance for waiving or reducing fees. Provide supporting documentation as provided in
the form instructions and attach copies of budget for current year and past year, if available, itemizing sources and amount of
funding. If current and/or past budget are not available, provide projected budget for upcoming year.
Budget(s). Check if attached.
a. Fees charged for immigration legal services No

Yes

Attach detailed fee schedules for all locations

b. Membership dues charged

No

Yes

Attach list of dues charged at all locations

c. Waiver of immigration legal fees policy

No

Yes

Attach fee waiver policy/guidance provided to clients
and staff at all locations

d. Reduction of immigration legal fees policy No

Yes

Attach fee reduction policy/guidance provided to clients
and staff at all locations

Part 10. Renewal of Recognition. Complete if seeking to renew recognition.
If not seeking renewal, skip to Part 11.
a. Organization must maintain the requirements for recognition and complete Parts 1 through 9 of this form. In the case of
the headquarters or designated office with extension(s) to branch offices that are approved by OLAP, the headquarters or
designated office’s recognition approval date is the date that triggers the renewal requirements for all offices. Attach
supporting documentation for the above sections only if there have been changes since the last approval or renewal of
recognition. Check this box if supporting documentation has been attached.
b. Include summary of legal services performed for each year during the last period of recognition. Check this box if
attached.
c. If the organization does not currently have an accredited representative on staff and is on inactive status or seeks inactive
status, check this box.
d. All requests for renewal of extension or to apply for new extension(s) of recognition with this application should be
indicated in Part 4. Check this box if seeking renewal of extension(s) or new extension(s).

Page 3 of 4

Form EOIR-31
Rev. Jan. 2017

Part 11. Declaration of Authorized Officer
Under penalty of perjury, I 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 should the organization become
subject to public discipline.

Signature of Authorized Officer

Date

Printed Name of Authorized Officer

Title of Authorized Officer

Contact Information (Phone Number and Email Address)

Part 12. 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):

(1)
Number and Street

City

State

Zip Code

Number and Street

City

State

Zip Code

Number and Street

City

State

Zip Code

(2)

(3)

Signature

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Form EOIR-31
Rev. Jan. 2017

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

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