Form EOIR-31A Marked Changes 2019

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

OMB#1125-0013
Request by Organization for Accreditation or
Renewal of Accreditation of Non-Attorney
Representative

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

Organizations must use this form (Form EOIR-31A) to request new accreditation or renewal of
accreditation for a non-attorney representative to provide immigration legal services on behalf of the
organization’s clients before the EOIR (i.e., the Immigration Courts and the Board of Immigration Appeals
(BIA)) and the Department of Homeland Security (DHS), or before DHS only.

•

For renewal of accreditation, an organization must submit this form (Form EOIR-31A) on or before the
expiration date of the individual’s accreditation. Accreditation is valid for a period of 3 years from the date
of approval. A representative’s accreditation may remain valid pending OLAP’s determination on the
request to renew accreditation, provided the request for renewal is received on or before the expiration date.

•

A separate request for accreditation (Form EOIR-31A) must be submitted for each proposed representative.

•

Organizations must use a different form, Form EOIR-31, to request 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 EOIR and DHS, or before DHS only.

B. Where to submit a Form EOIR-31A:
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 accreditation of a representative using Form EOIR-31A:
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 street address must be provided; a post office box number is not acceptable.

•

Only an organization simultaneously requesting new recognition or renewing recognition, or an
organization that has already received recognition, may request accreditation for an individual. Check the
appropriate box on the form. If currently recognized, provide the date of the organization’s last approval of
recognition.

For more information about requesting accreditation
visit the EOIR website at: http://www.justice.gov/eoir/ra.htm
Page 1 of 4

Form EOIR-31A
Rev. Jan. 2017

C. How to request accreditation of a representative using Form EOIR-31A (continued):
Part 2.
•

Provide the name of the proposed representative and any other names this individual is known by or has
ever been known by.

•

Indicate whether the individual has been previously accredited with a different recognized organization. If
so, list the name(s) of the other recognized organization(s) for which the individual serves or has served as
an accredited representative and the date(s) of last approval of accreditation. Attach additional sheets of
paper, if necessary.

Part 3.
•

Check the type of accreditation (partial or full) sought for this individual. Full accreditation authorizes a
representative to appear on behalf of clients before DHS, the Immigration Courts and the BIA. Partial
accreditation authorizes a representative to appear on behalf of clients before DHS only.

Part 4.
•

Subsection A. Eligibility for accreditation requires the character and fitness to represent clients in
immigration matters before DHS, or the Immigration Courts and the BIA, or all three immigration agencies.
Provide documentation to show that the individual possesses the required character and fitness, such as
character references from professionals in the community, employment references, and criminal
background checks.

•

Subsection B. Provide documentation to demonstrate that the individual possesses broad knowledge and
adequate experience in immigration and nationality law, practice, and procedure. Include a resume or
description of the individual’s qualifications, including education and immigration law experience.
Eligibility for initial accreditation, whether partial or full, requires letters of recommendation from at least
two persons familiar with the individual’s qualifications and at least one formal training course designed to
give new practitioners a solid overview of the fundamentals of immigration law, practice, and procedure.
Additional formal training courses in specific topics of immigration law and/or practical experience is
highly recommended. Information regarding formal legal training includes (at a minimum) the title of the
training, the provider’s name, date(s) and duration of the training, the names and titles of presenters, the
topics covered, whether the training was attended in person or through other means, and whether the
training was open to the public. Provide certificates of completion and the results of any tests taken during
training, if available.

•

Subsection C. Eligibility for full accreditation requires – in addition to the above requirements – formal
training courses, education, and/or experience showing oral and written trial and appellate advocacy skills.
If the requirements for full accreditation are not met, only partial accreditation may be approved.

•

Subsection D. To be accredited, the proposed representative must: (1) be an employee or volunteer of the
organization; (2) not be a licensed attorney in the United States; (3) not have resigned while a disciplinary
investigation or proceeding is pending, (4) not be subject to any order disbarring, suspending, enjoining,
restraining, or otherwise restricting him or her in the practice of law or representation before a court or any
administrative agency; and (5) not have been convicted of a serious crime anywhere in the world. The
proposed representative and authorized officer must attest in Part 6 of the form that the applicant for
accreditation meets these eligibility requirements.

For more information about requesting accreditation
visit the EOIR website at: http://www.justice.gov/eoir/ra.htm
Page 2 of 4

Form EOIR-31A
Rev. Jan. 2017

C. How to request accreditation of a representative using Form EOIR-31A (continued):
Part 5.
Complete this part only if seeking to renew an individual’s accreditation.
•

Subsection A. Provide the date of the last approval of accreditation of the individual for the organization
requesting renewal.

•

Subsection B. Check the box only if the organization is seeking to change the individual’s accreditation
type from partial to full accreditation or from full to partial accreditation. If seeking full accreditation,
provide documentation required in Part 4.C.

•

Subsection C. Completion of the form is an attestation from the organization and representative that the
accredited representative continues to have the character and fitness to represent others before immigration
agencies and that the representative meets the requirements set forth in Part 4.D. The organization may
submit character reference letters and other supporting documentation to demonstrate the accredited
representative’s continuing character and fitness.

•

Subsection D. Eligibility for renewal of accreditation, whether partial or full, requires a showing of
continuing knowledge of immigration law, procedure and practical experience. Provide the requested
information, including an updated resume, evidence of recent education and formal trainings completed,
and types of cases personally handled before immigration agencies during the last approved period of
accreditation. Updated letters of recommendation in support of the representative’s qualifications, or other
documentation demonstrating the representative’s eligibility are also encouraged.

D. Who must verify the contents of Form EOIR-31A:
Part 6.
•

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 this form. 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 proposed representative is an employee or volunteer of the
organization and that to the best of his or her knowledge and belief, the proposed representative meets the
qualifications for accreditation. A proposed representative may not request accreditation for himself or
herself, unless he or she is also an authorized officer of the requesting organization.

•

Proposed representative must affirm that the form and its attachments regarding his or her qualifications
for accreditation are true, correct, and complete. The proposed representative must also attest that he or
she: has the character and fitness required to represent others before federal immigration agencies; is an
employee or volunteer of the organization requesting accreditation; is not a licensed attorney in the United
States; has not resigned while a disciplinary investigation or proceeding is pending; is not subject to any
order restricting his or her practice of law; and has not been convicted of a serious crime in or outside the
jurisdiction of the United States.

For more information about requesting accreditation
visit the EOIR website at: http://www.justice.gov/eoir/ra.htm
Page 3 of 4

Form EOIR-31A
Rev. Jan. 2017

E. Who must be sent a copy of Form EOIR-31A and its attachments:
Part 7.
•

The organization must send an exact copy of the form and its attachments to the District Director of the
U.S. Citizenship and Immigration Services (USCIS) where the organization’s headquarters is located or
where it intends to offer immigration legal services. If the organization has office 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, the organization must send an exact copy of the form and
its attachments to the USCIS District Director(s) covered by those locations.

•

For a request for renewal of accreditation, an exact copy of the form and its attachments must also be sent
to the USCIS District Director in the jurisdiction where the proposed representative regularly represents
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 or intending to offer 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 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. 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 accreditation of an individual to represent persons before the BIA,
Immigration Courts, and/or DHS. The information you provide to obtain accreditation is voluntary and will
be used by EOIR employees to assess eligibility for accreditation; 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. 1003.101, et seq., including, pursuant to 8 C.F.R. §§ 292.3(h)(3) and
1003.108(c), allowing for the publication of the approved applicant’s name and findings of misconduct
should the applicant be subject to public discipline.

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

Form EOIR-31A
Rev. Jan. 2017

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

OMB#1125-0013
Request by Organization for Accreditation or
Renewal of Accreditation of Non-Attorney Representative

Part 1. Organization Seeking Accreditation of Representative
Organization
Name
Other Name(s)

Name(s) previously applied under

Number and Street

Suite

City

State

Telephone

Fax

Zip Code
Email

Website
Check one:
Organization is not recognized and a Request for Recognition of a Non-Profit Religious, Charitable, Social
Service or Similar Organization (Form EOIR-31) accompanies this request.
Organization is recognized. Date of last approval of recognition

(Month/Day/Year)

Part 2. Name of Proposed Representative
First

Middle

Last

Other names used
Has this individual been previously accredited with a different recognized organization

No

Yes

If “yes,” list name(s) of other recognized organizations for which individual serves or has served as an accredited
representative and the date(s) of last approval of accreditation (attach additional sheets of paper, if necessary):
Name of other organization(s)
Date(s) of last approval of accreditation

(Month/Day/Year)

Part 3. Type of Accreditation Sought (check one)
Full (practice before BIA, Immigration Courts, and DHS)
Or
Partial (practice before DHS only)

For more information about requesting accreditation
visit the EOIR website at: http://www.justice.gov/eoir/ra.htm
Page 1 of 3

Form EOIR-31A
Rev. Jan. 2017

Part 4. Qualifications for Accreditation (if seeking renewal of accreditation, go to Part 5.)
A. Character and fitness. Attach character reference letter(s) and other supporting documentation (see instructions
for details).
B. Provide documentation of the proposed representative’s broad knowledge and adequate experience in
immigration law, practice, and procedure as provided in the instructions.
C. If seeking full accreditation, provide documentation demonstrating that the proposed representative possesses
the skills essential for effective litigation as provided in the instructions.
D. The proposed representative must be:
• An employee or volunteer of the organization.
• Not a licensed attorney of any state, possession, territory, or commonwealth of the United States or of the
District of Columbia and not have resigned while a disciplinary investigation or proceedings is pending.
• Not subject to any order disbarring, suspending, enjoining, restraining, or otherwise restricting him or her in
the practice of law or representation before a court or any administrative agency.
• Not convicted of a serious crime anywhere in the world.

Part 5. Renewal of Accreditation (complete if applicable)
A. Date of last approval of accreditation
(Attach copy of last order approving accreditation)
B.

(Month/Day/Year)

Check this box only if seeking to change accreditation from partial to full accreditation or full to partial
accreditation. If seeking full accreditation, submit documentation required by Part 4.C.

C. By completing this form the organization and representative certifies to the accredited representative’s
continuing character and fitness to represent others before immigration agencies and that the representative
meets the requirements set forth in Part 4.D. Character reference letters and other supporting documentation
may be submitted.
D. Submit documentation demonstrating continuing knowledge of immigration law and procedure and practical
accreditation experience. Include an updated resume, evidence of recent education and formal trainings
completed, and types of cases personally handled before immigration agencies during the last approved period
of accreditation.

For more information about requesting accreditation
visit the EOIR website at: http://www.justice.gov/eoir/ra.htm
Page 2 of 3

Form EOIR-31A
Rev. Jan. 2017

Under penalty of perjury, I declare 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 proposed representative is an
employee or volunteer of this organization, and
to the best of my knowledge and belief, meets
the qualifications for accreditation listed in
Part 4.

Title of authorized officer

Signature of authorized officer

Printed name of authorized officer

Date

Proposed Representative

Authorized Officer of Organization

Part 6. Declarations of Authorized Officer and Proposed Representative (complete both)

Email/Phone

Under penalty of perjury, I declare that I have
reviewed this form regarding my qualifications for
accreditation, including accompanying attachments,
and to the best of my knowledge and belief, it is
true, correct, and complete. I also attest that: I have
the character and fitness and other qualifications for
accreditation required to represent others before
federal immigration agencies; I am an employee or
volunteer of the organization
requesting
accreditation on my behalf; I am not a licensed
attorney in the United States; I have not resigned
while a disciplinary investigation or proceeding is
pending; I am not subject to any order restricting my
practice of law; and I have not been convicted of a
serious crime in or outside the jurisdiction of the
United States. I consent to publication of my name
and findings of misconduct should I become subject
to public discipline.

Signature of proposed representative
Printed name of proposed representative

Part 7. Proof of Service on USCIS District Director(s)
(attach additional sheets of paper, if necessary)
I,
(print name), on behalf of
(organization), mailed or delivered a copy of this Form EOIR-31A 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

(2)

Signature

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

Form EOIR-31A
Rev. Jan. 2017