OMB# 1125-0012 Request for Recognition of a Non-Profit Religious, Charitable, Social Service, or Similar Organization
The EOIR-31, Request for New Recognition, Renewal of Office of Legal Access Programs Recognition, Extension of Recognition of a Non-Profit Religious, Charitable, Social Service, or Similar Organization
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For more information about requesting recognition, visit the EOIR website at: http://www.justice.gov/eoir/ra.htm Form EOIR-3 1 Rev. Jan. 2017 Page 1 of 7 U.S. Department of Justice OMB#1125-0012 Executive Office for Immigration Review Request for New Recognition, Renewal of Office of Legal Access Programs Recognition, Extension of Recognition of a Non -Profit Religious, Charitable, Social Service, or Similar Organization GENERAL INSTRUCTIONS Please read carefully before completing and submitti ng Form EOIR -31 A. Wh en to submit a Form EOIR -31: New Recognition •Or ganizations 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 r oster of recognized organizations maintained by EOIR’s Office of Legal Access Programs. • Org anizations 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 acc reditation of additional representatives any time after approval of recognition. Approved applicants will appear on the r oster of accredited representatives maintained by EOIR’s Office of Legal Access Programs . Renewal of Recognition •Recog nized organizations must use this form (Form EOIR- 31) when seeking to renew recognition. oOr ganizations 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 recogni tion; 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. oOr ganizations recognize d 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 Form EOIR-3 1 Rev. Jan. 2017 Page 2 of 7 o For organizations without an accredited representative on January 17, 2017 – organizations must seek renewal within 1-year of January 17, 2017 oFor organizations that were recognized more than 10 years prior to January 17, 2017 – organizations must seek renewal within 2 -years of January 17, 2017 oFor organizations that were recognized less than 10 years prior to January 17, 2017 – organizations must seek renewal wit hin 3-years of January 17, 2017 •For he adquarters 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 Januar y 17, 2017, but branch offices of the organization were separately recognized five ( 5) and three (3) years prior to th at date. For the headquarters and the branch offices t o 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 •Or ganizations requesting recognition and current ly 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 a ny other office or location where the organization regularly offers immigra tion 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. H ow to request new recognition , renewal of recognition, or extension of recognition: Par t 1. • Pr ovide 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 num ber is not acceptable. Par t 2. For more information about requesting recognition, visit the EOIR website at: http://www.justice.gov/eoir/ra.htm Form EOIR-3 1 Rev. Jan. 2017 Page 3 of 7 Onl y choose one of the following items to show what action you are requesting with this form: • New R e cognition : 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. • Ren ewal of R ecognition : Check this box if you are an organization which is currently recognized and seeking to renew your recognition. o An or ganization 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 org anization 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 or ganization seeking renewal with an extended office or location m ust 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 appro val of recognition or extension of recognition, whichever is later. • Ex tension of R ecognition : 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.) Par t 3 . • Che ck 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 n umber of locations to which you are seeking to extend recognition and continue to Part 4. • Che ck 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. Par t 4. • Pr ovide 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 exten d recognition. T he 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 Form EOIR-3 1 Rev. Jan. 2017 Page 4 of 7 • C heck 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. • A ttach additional sheets of paper (or copy Part 4 of this form), if you seek to extend recognition to more than one office or location. • I f your organization is currently recognized and solely subm itting 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. P art 5. • C heck the box (es) to indicate the proof submitted with the request to show that the a pplicant 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. P art 6. • C heck the box to show that the organization has obtained or is in the process of obtaining federal tax - exempt status and attach supporting documentation. If the organization is in the process of obtaining federal tax -exempt status, the organiza tion must attach documentation to show that the organization applied for tax- exempt status and the determination is pending. Pa rt 7. T he 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. •S ubmit an organizational chart identifying the names and titles of immigration leg al staff and supervisors at the organization’s headquarters or designated office and any offices or locations seeking extension of recognition. • I ndicate whether the organization’s staff includes attorneys who are eligible to practice law and who are memb ers 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 immigr ation legal training. •I ndicate 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 For more information about requesting recognition, visit the EOIR website at: http://www.justice.gov/eoir/ra.htm Form EOIR-3 1 Rev. Jan. 2017 Page 5 of 7 the name(s) of the applicant(s) for accreditation . All requests for new recognition must be accompanied 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 a ppli cable, indicate whether the organization has any arrangements to receive technical support f rom private counsel , other recognized organizations, or other persons or entities . Describe the arrangements and attach the relevant documentation outline the arra ngements. •P rovide 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. Pa rt 8. • L ist the print and electronic legal resources available to the organization and its representatives. P art 9. • At tach 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. • I ndicate whether the organization charges or imposes fees or membership dues on its immigration clients and whether the organization has f ee waiver and fee-reduction policies for immigration clients at all locations seeking recognition. • A ttach 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. Pa rt 1 0. Renewal of recognition (skip to section D if not seeking renewal of recognition) : •T o 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. • P rovide 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 c lients 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 For more information about requesting recognition, visit the EOIR website at: http://www.justice.gov/eoir/ra.htm Form EOIR-3 1 Rev. Jan. 2017 Page 6 of 7 the summary. S ubmit 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. •Indi cate whether the organization does not have a currently accredited representative on staff and is on inactive status or seeks inactive status. • Extens ion(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 mu st verify the contents of Form EOIR-31: •Authori zed 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 attes t 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 mu st 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 organiz ation’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 r enewal 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 o rganization’s accredited representatives regularly represent clients, if not already served according to the abov\ e instruction. • Comple te 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. Paperw ork Reduction Act . Form EOIR-3 1 Rev. Jan. 2017 Required Proof: Mission Statement /Statement of Purpose Optional Proof: Constitution Charter Bylaws Articles of Incorporation Other __________ Organization has federal tax -exempt status under section 501(c)(3) or section _____________________of the Internal Revenue Code 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 a.Atta ch organizational chart identifying names and titles of legal staff and supervisors at all locations b. At torney(s) licensed in the United States and in good standing on staff: No Yes, attach resume(s) c. Accr edited representative(s) on staff: Yes No •If applicable, provide number of accreditation applications (Form EOIR-31A) submitted with this recognition application: ______________ • Nam e(s) of applicant(s) for accreditation: ______________________________________________________________ d.If applicable, describe any arrangements to consult with and/or receive technical support from qualified immigration practitioners: • Pr ivate counsel : No Yes , attach all agreements with name(s) of private counsel and bar admission(s) •Anot her recognized organization: No Yes, attach all agreements with other recognized organizations •Oth er: No Yes , explain:___________________________________________________________________ e.Descr ibe 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. _______ _____________________________________________________________________________________________ Part 5. Proof of Non -profit, Religious, Charitable, Social Service or Similar Organization Part 6. Federal Tax -exempt Status ( check applicable boxes ) Part 7. Knowledge of Immigration Law and Procedures Form EOIR-31 Rev. Jan. 2017 Print resources: _________ ___________________________________________________ ________________________________________ Electronic resources : _________ ___________________________________________________________________________________________ Extended locations have access to same sources other resources (please describe) : _________ ___________________________________________________________________________________________ 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 co pies 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 at tached. a. Fees charged for immigration legal services No Yes Attach detailed fee schedules for all locations b.Mem bership dues charged No Yes Attach list of dues charged at all locations c.Wai ver of immigration legal fees policy NoYes Attach fee waiver policy /guidance provided to clients and staff at all locations d. R eduction of immigration legal fees policy No Yes Attach fee reduction policy /guidance provided to clients a n d staff at all locations 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 b ox if supporting documentation has been attache d. b. I nclude summary of legal services performed for each year during the last period of recognition. Check this box if attached. c. I f the organization does not currently have an accredited representative on staff and is on inactive status or seeks inactiv e s tatus, check this b ox. d. A l l 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). Part 8. List of Print and Electronic Legal Resour ces Part 9. Provides Services Primarily to Low -Income and Indigent clients Part 1 0. Renewal of R ecognition. Complete if seeking to renew recognition. If not seeking renewal , skip to Part 1 1. Form EOIR-3 1 Rev. Jan. 2017 U nder 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 locatio ns. I consent to publication of the organization’s name and findings of misconduct should the organization become subject to public discipline. _________ _______________________________________ ___________________________________ Signature of A uthorized Officer Date _________ _______________________________________ Print ed N ame of Authorized O fficer _________ _______________________________________ Title of Authorized O fficer _________ _______________________________________ Contact Inform ation (Phone Number and E mail Address) I , _____________________________________ (print name), on behalf of ___________________________ (organization), m ailed 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 ( 2) _____________________________________________________________________________________________ Number and Street City State Zip Code ( 3) ______________________________________________________________________________________________ Number and Street City State Zip Code _________ _____________________________________________ Signature Part 1 1. Declarat ion of Authorized Officer Part 1 2. Proof of Service on USCIS District Director (s)
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